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02-10-15 CM Agenda Packet AGENDA Council/Manager Meeting Golden Valley City Hall 7800 Golden Valley Road Council Conference Room February 10, 2015 6:30 pm Pages 1. Planning Commission Annual Report (15 minutes) 2-9 2. Consideration of Golden Valley Fire Relief Association By-Law Amendments 1 Q-15 (15 minutes) 3. Joint Powers Agreement - PUD No. 121 - Central Park West - Southwest 16-20 Quadrant of I-394 and Highway 100 (15 minutes) 4. Residential Construction Management Agreement (15 minutes) 21-25 5. Proposed City Code Amendment - Chapter 4.31: Stormwater Management 26-48 (30 minutes) 6. Proposed City Code Amendments - Section 6.34 Tobacco, and Section 10.67 49-68 Smoke Free - E-cigarettes Provisions (15 minutes) 7. Board/Commission Vacancies (15 minutes) a. Appointments to Blue Line Extension LRT Community and Business 69-74 Advisory Committees (15 minutes) b. Northwest Suburbs Cable Communications Commission 75 c. Human Services Fund and Board of Zoning Appeals Alternates 76 Council/Manager meetings have an informal, discussion-style format and are designed for the Council to obtain background information, consider policy alternatives, and provide general directions to staff. No formal actions are taken at these meetings. The public is invited to attend Council/Manager meetings and listen to the discussion; public participation is allowed by invitation of the City Council. `, This dacument is available in alternate formats upon a 72-haur request. Please call 763-593-8006 (TTY: 763-593-3968)to make a request. Examples af alternate formats may include large print, electranic, Braille, audiocassette, etc. &,~d��,-f l�� n :z:,t. L #"�.. � ,.�' �� Kc �� , � � �; Planning Department 763-S93-8095/763-593-8109(fax) �'� �� '�i� �'��,��`�,;�, . � *`. : �":;,;. � ��.;�"' �:��':�� Executive Summary Golden Valley Council/Manager Meeting February 10, 2015 Agenda Item 1. Planning Commission's 2014 Annual Report Prepared By Jason Zimmerman, Planning Manager Summary The Chair of the Planning Commission, John Kluchka, will present a summary of the Commission's work in 2014. Attachments • 2014 Planning Commission Summary (7 pages) 2014 Planning Commission Summary January 13, 2014 Informal Public Hearing — Preliminary Plan Review - Planned Unit Development (PUD) — 9191 Wayzata Blvd. Carousel Automobiles (Porsche Dealership) Amendment #2 to expand the existing building and modify the parking lot — Recommended approval. Informal Public Hearing — Conditional Use Permit (CUP) — 345 Pennsylvania Ave S — LifeSpan Commercial Use over 10,000 square feet in the I-394 Mixed Use Zoning District - To operate a youth transition program consisting of office, medical office and educational uses in the existing building — Recommended approval. January 27, 2014 PC Meeting Cancelled February 10, 2014 PC Meeting Cancelled February 24, 2014 PC Meeting Cancelled March 10, 2014 Informal Public Hearing — Final Plan Review — Planned Unit Development (PUD) — 9191 Wayzata Blvd. Carousel Automobiles (Porsche Dealership) Amendment #2 to expand the existing building and modify the parking lot — Recommended Approval. Discussion Regarding Breweries and Taprooms March 24, 2014 Informal Public Hearing — Preliminary Plan Review — Planned Unit Development (PUD) — Morrie's Automotive Group — 7400 Wayzata Blvd —To allow the addition of a new standalone dealership with customer service support area within the existing parking lot. Recommended approval. Informal Public Hearing — Minor Subdivision — 125 Cutacross Road — Olson Tralee — 125 Cutacross Road - To reconfigure the existing single family residential lot into two new single family residential lots. Recommended approval. Informal Public Hearing — Minor Subdivision — 221 Sunnyridge Lane — Kate's Woods —To reconfigure the existing single family residential lot into two new single family residential lots. Item tabled. Informal Public Hearing — Minor Subdivision — 7218 Harold Avenue — Marie's Woods — To reconfigure the existing single family residential lot into two new single family residential lots. Variances from the Subdivision Code are also being requested for this Minor Subdivision. Recommended denial. Informal Public Hearing — Minor Subdivision — Intersection of Noble Drive and Major Drive — Hanson Wood Shores — To reconfigure the existing single family residential lot into two new single family residential lots. Item tabled. April 7, 2014 PC Meeting Cancelled April 28, 2014 Informal Public Hearing — Minor Subdivision — 400 Decatur Avenue North — Fretham 21 St Addition —400 Decatur Avenue North —To reconfigure the existing single family residential lot into two new single family residential lots. Recommended approval. May 12, 2014 PC Meeting Cancelled May 15, 2014 Joint Meeting of the Planning Commission, Environmental Commission and Open Space and Recreation Commission —Accept public comments on the Draft Environmental Impact Statement (EIS) for the proposed Bottineau Transitway and Discussion regarding a recommendation to the Golden Valley City Council on the City's official comments May 28, 2014 Informal Public Hearing — Final PUD Plan — Morrie's Automotive Group— 7400 Wayzata Blvd. — To allow for the addition of a new standalone dealership with customer service support area within the existing parking lot. Recommended approval. Informal Public Hearing — Final PUD Plan — Tennant Company — 701 Lilac Drive North —To allow for the consolidation of multiple properties inta one parcel to enable inter-campus connections. Item tabled. Informal Public Hearing — Preliminary PUD Plan — Marie's Woods — 7200 and 7218 Harold Avenue — To allow for the reconfiguration of the existing two single family properties into a new six-lot, single family development. Recommended denial. Informal Public Hearing — Zoning Code Text Amendment — Definition of Lot Width and Lot Depth —To consider amending the definition of Lot Width and Lot Depth in the Zoning Chapter of the City Code. Item tabled. June 9, 2014 Continued Item — Informal Public Hearing — Final PUD Plan —Tennant Company — 701 Lilac Drive North — To allow for the consolidation of multiple properties into one parcel to enable inter-campus connections. Recommended approval. Informal Public Hearing — Subdivision — 1001 Lilac Drive North — Golden Valley Homes — 1001 Lilac Drive North — To reconfigure the existing property which would allow for the construction of two new twin homes and one new single family home. Recommended approval. Informal Public Hearing — Property Rezoning — 1001 Lilac Drive North — Golden Valley Homes —To rezone a portion of the existing property from R-1 Single-Family residential to R-2 Moderate Density residential to allow for the construction of two twin homes. Recommended approval. Informal Public Hearing — Preliminary PUD Plan Review— Carousel Automobiles (Porsche Dealership) Amendment #3 — 9191 Wayzata Blvd. — To allow for the construction of a new Porsche building. Recommended approval. June 23, 2014 Continued Item — Informal Public Hearing — Minor Subdivision — 221 Sunnyridge Lane — Kate's Woods — To reconfigure the existing single family residential lot into two new single family residential lots. Recommended approval. Continued Item Informal — Zoning Code Text Amendment — Definition of Lot Width and Lot Depth — To consider amending the definition of Lot Width and Lot Depth in the Zoning Chapter of the City Code. Recommended approval. July 14, 2014 Continued Item — Informal Public Hearing — Minor Subdivision — Intersection of Noble Drive and Major Drive — Hanson Wood Shores —To reconfigure the existing single family residential lot into two new single family residential lots. Recommended approval. Informal Public Hearing — Minor Subdivision — 221 Paisley Lane — Paisley Lane Woods — To reconfigure the existing single family residential lot into two new single family residential lots. Recommended approval. Informal Public Hearing — Preliminary PUD Plan Review — Trevilla Complex, Amendment #2 — 7475 Country Club Drive — To convert the vacant 60-unit senior living facility into a 114-unit assisted living and memory care facility. Recommended approval. Informal Public Hearing - General Land Use Plan Map Amendment — 305 and 345 Pennsylvania Avenue South — 305 & 345 Pennsylvania Avenue South — To change the designation on the General Land Use Plan Map from Low Density Residential to Medium Low Density Residential for the property at 305 Pennsylvania Ave. S. and from Mixed Use to Medium Low Density Residential for the property at 345 Pennsylvania Ave. S. Item tabled. Informal Public Hearing — Property Rezoning — 305 and 345 Pennsylvania Avenue South — 305 & 345 Pennsylvania Avenue South — To rezone the property at 305 Pennsylvania Ave. S. from Single Family Residential (R-1) to Medium Density Residential (R-3) and to rezone the property at 345 Pennsylvania Avenue South from I-394 Mixed Use to Medium Qensity Residential (R-3). Item tabled. Informal Public Hearing — Preliminary PUD Plan Review— Laurel Ponds — 305 and 345 Pennsylvania Avenue South — To allow for a 30-unit, detached townhome development. Item tabled. July 28, 2014 Continued Informal Public Hearing - General Land Use Plan Map Amendment— 305 and 345 Pennsylvania Avenue South —305 & 345 Pennsylvania Avenue South — To change the designation on the General Land Use Plan Map from Low Density Residential to Medium Low Density Residential for the property at 305 Pennsylvania Ave. S. and from Mixed Use to Medium Low Density Residential for the property at 345 Pennsylvania Ave. S. Recommended approval. Continued Informal Public Hearing — Property Rezoning — 305 and 345 Pennsylvania Avenue South — 305 & 345 Pennsylvania Avenue South — To rezone the property at 305 Pennsylvania Ave. S. from Single Family Residential (R-1) to Medium Density Residential (R-3) and to rezone the property at 345 Pennsylvania Avenue South from I-394 Mixed Use to Medium Density Residential (R-3). Recommended approval. Continued Informal Public Hearing — Preliminary PUD Plan Review — Laurel Ponds — 305 and 345 Pennsylvania Avenue South — To allow for a 30-unit, detached townhome development. Recommended approval. Informal Public Hearing — Minor Subdivision —4XXX Harold Avenue — Fretham Twenty-Two — To reconfigure the existing single family residential lot into two new single family residential lots. Recommended approval. Continued Discussion Regarding Lot Depth and Shape. Discussion Regarding Recycling Centers. August 11, 2014 PC Meeting Cancelled August 25, 2014 Informal Public Hearing — Minor Subdivision Amendment — 221 Sunnyridge Lane — Kate's Woods — To revise the interior lot line of the recently approved Preliminary Plat. Recommended denial. Informal Public Hearing — Conditional Use Permit — 601 Boone Avenue North —TruStone Financial —To allow the applicant to operate a new credit union with three drive-thru lanes in the Commercial zoning district. Recommended approval. Informal Public Hearing — Final Plan Review — Planned Unit Development (PUD) — Carousel Automobiles (Porsche Dealership), Amendment #3 — 9191 and 9393 Wayzata Blvd. —To construct a new Porsche facility on the west side of the property. Recommended approval. Informal Public Hearing — Preliminary Plan Review— Planned Unit Development (PUD) — Golden Villas — 9130 & 9220 Olson Memorial Highway— To construct a seven-story, 162-unit apartment building. Recommended approval. September 8, 2014 Informal Public Hearing — Minor Subdivision — 200 Meadow Lane North — Sunnyridge Woods — To reconfigure the existing single family residential lot into three new single family residential lots. Recommended approval. September 22, 2014 Informal Public Hearing — Final PUD Plan Review — Trevilla Complex, Amendment #2 — To convert the vacant 60-unit senior living facility into a 111-unit assisted living and memory care facility. Recommended approval. Informal Public Hearing — Preliminary PUD Plan — Marie's Woods — 7200 and 7218 Harold Avenue —To allow for the reconfiguration of the two existing single family properties into a new five-lot single family development. Recommended denial. October 13, 2014 Informal Public Hearing — Minor Subdivision — 108 Brunswick Ave N — Brunswick Estates — To reconfigure the existing single family residential lot into two new single family residential lots. Recommended approval. Discussion Regarding Recycling Centers October 27, 2014 PC Meeting Cancelled November 10, 2014 Informal Public Hearing — Preliminary PUD Plan — Sweeney Lake Woods — 1801 Noble Drive — To allow for the reconfiguration of the one existing single family property into a new three-lot single family development. Recommended approval. Informal Public Hearing — General Land Use Plan Map Amendment — 7751-7775 Medicine Lake Road, 2430 and 2480 Winnetka Avenue North, and 2485 Rhode Island Avenue North — 7751-7775 Medicine Lake Road, 2430 and 2480 Winnetka Avenue North and 2485 Rhode Island Avenue North — To change the designation on the General Land Use Plan Map from Commercial to High Density Residential for the properties at 7751-7775 Medicine Lake Road, 2480 Winnetka Avenue North and 2485 Rhode Island Avenue North and from Light Industrial to High Density Residential for the property at 2430 Winnetka Avenue North. Recommended approval. Discussion Regarding Recycling Centers November 24, 2014 Presentation of Capital Improvement Program 2015- 2019. Recommended approval. Consideration of Resolution No. 14-01 Finding that Modification No. 2 of the Redevelopment Plan for the Highway 55 West Redevelopment Project Area and the Tax Increment Financing Plan for Tax Increment Financing (Renewal and Renovation) District No. 1 Conform to the General Plan for the Development and Redevelopment of the City, as Amended (Amended 2008 Comprehensive Plan Update). Recommended approval. Informal Public Hearing — Minor Subdivision — 108 Brunswick Ave N — Brunswick Estates — To reconfigure the existing single family residential lot into two new single family residential lots. Recommended approval. Informal Public Hearing — Minor Subdivision — 250 Paisley Lane — Paisley Fields — To reconfigure the existing single family residential lot into three new single family residential lots. Recommended approval. Informal Public Hearing — Preliminary PUD Plan — Central Park West — Southwest Quadrant of I-394 and Highway 100 —To allow two six-story multiple family residential buildings, a six-story hotel, two 11-story office buildings, a parking ramp and a linear park in both St. Louis Park and Golden Valley. Recommended approval. December 8, 2014 Informal Public Hearing — Conditional Use Permit — 905 Decatur Ave N — Our World Shops, Inc. — To allow accessory retail services and/or sales incidental to a permitted use in the Industrial zoning district. Recommended approval. Informal Public Hearing — Preliminary PUD Plan — Struther's Parkinson's Center— 6701 Country Club Drive —Amendment #4 —To allow a building addition approximately 2,700 square feet in size and the construction of an outdoor movement therapy walk/garden. Recommended approval. Informal Public Hearing — Zoning Code Text Amendments —Amending Sections 11.03 Definitions, 11.35 Light Industrial Zoning District, and 11.36 Industrial Zoning District — To consider amendments to the Zoning Code regarding Recycling Centers. Recommended approval. December 22, 2014 Informal Public Hearing — Conditional Use Permit — 5501 Glenwood Avenue — Golden Valley Lutheran Church dba Loving Shepherd Early Learning Center— Amendment #1 — To amend and update their existing Conditional Use Permit allowing the existing daycare to serve up to 105 children. Recommended approval, Informal Public Hearing — Informal Public Hearing — Final PUD Plan Review — Laurel Ponds, 305 and 345 Pennsylvania Avenue South — To allow for a 24-unit, detached townhome development. Recommended approval. Informal Public Hearing — Zoning Code Text Amendment —To consider adding language to the Zoning Code regarding breweries and taprooms. Recommended approval. � �� P��"�`. �,�e �� '? �� :"� dw ".`w.. : �. �� :.��.� '�a rt� � . � Administrative Services Department 763-593-8013/763-S93-3969(fax) �� "��`.�,,°�., ��' '��r��p��4'��'9��,x ,*'....��..��:_, ��.��;��,�,��ro��!�Ei��`�e�-��;�,��,�� _- R , Executive Summary Golden Valley Council/Manager Meeting February 10, 2015 Agenda Item 2. Consideration of Golden Valley Fire Relief Association By-Law Amendments Prepared By Sue Virnig, Finance Director John Crelly, Fire Chief Summary The Golden Valley Fire Relief Association (GVFRA) would like the Council to consider three changes to their by-laws. Because this may impact future levies, the Council needs to approve these requests at a future Council meeting. GVFRA Board Members Chris Gemlo and Bryan Magnuson will be in attendance to review these changes. By-law changes are the following: � Yearly Pension increase from $7,300 to $7,500 � Deferred Interest Payment Method change to calendar year following separation � Interest on the Deferred Retirement Benefit would be set to 0 percent. Attachments • Article XI — Retirement Benefit (1 page) • Article XI — Deferred Interest Payment Method (2 pages) • Article XI —Service Pension Interest on Deferred (1 pages • History of Pension Amount (1 page) Be it resolved by the Board of Trustees of the Golden Valley Fire Department Relief Association, that at a meeting duly called and legally held at the Golden Valley Fire Department Station 1 Training Room, in the City of Golden Valley, on the_th day of , 201_, that the attached by-law revisions are submitted to the membership for approval, effective `h, 201_. ARTICLE XI. RETIREMENT BENEFIT Section I: Service Pension - An active member of the Association who leaves active duty with the Fire Department is eligible to collect a lump sum service pension subject to the following: a. Eligibility requirements: l. Have left active service with the Golden Valley Fire Department; 2. Have campleted at least 10 years of active service with the Fire Department before leaving; and 3. Have been a member of the Association in good standing at least 10 years prior to leaving the Fire Department. � b. Amount of Benefit- Each applicant shall be eligible for a service pension of$7,��00.00 per full year of active service as a firefighter with the fire department. c. Early Vesting Provision- In the event a member with ten years or more, but less than twenty years of active service on the City of Golden Valley Fire Department resigns, that person shall be entitled to the following benefits that represent the early vested portion of their total pension amount, reduced by four(4) percent per year for each year less than 20. The following table shall be used to determine the pension amount, less any accrued interest: Completed Years of Service Earlv Vestin� Reduction Pension Amount 10 40 percent $ =��=�S.C}t}C) 11 36 percent $ �-�+��2,800 12 32 percent $ 5�;�f��Rfi 1,200 13 28 percent $ �;.�'7Q.�(}0 14 24 percent $ �-�;��79.800 15 20 percent $ ��;�19O.Ot)(} 16 16 percent $ �;-�--��10O,800 17 12 percent $�-��rl 1??00 18 8 percent $-��1��.200 19 4 percent $-l��i 3Ei,8()0 20 none $ -(-.:1��:.(.�}��O,pp{} More than 20 none add $ 7,�1�}-�it)0 per year 1 Be it resolved by the Board of Trustees of the Golden Valley Fire Department Relief Association, that at a meeting duly called and legally held at the Golden Valley Fire Department Station 1 Training Room, in the City of Golden Valley, on the day of , 201_, that the attached by-law revisions are submitted to the membership for approval, effective the day of , 201_. ARTICLE XI. RETIREMENT BENEFIT � Section I: ,j. Def'eYre��I�zte��est P�zy�ment ��lethoc�— Interest an a de�lerred servic� pensiail is creditable �be� i�vriir�g on thc first ciate of th� c�lendar vcar n��t following the date on which th�menlb�r separated fr�m active Fire DEpartment seivice aild active Ass�cratios7 membershi�. and endi�ng o�n the las�t date o�I�tl�e calendar ve�r inxn�ediatel�� befare tl�e yeaf• in whaeh the deferred menlbcr commcnces receipt of thc deferrc;d scrvice ��cnsion. Membcrs must bc def'erred tor an entire calet�dar xear to receive interest for that vear. ARTICLE XII. ANCILLARY BENEFITS Section 11.• £ Disability Amount- Per�n�anent disabilit�� benefits mav be�pa�id to �p�ranal�e�ltiv disabled members of t11� Associatic�n �7ut of the Spccial Fund f�c�llowin,� th� sub�nission and approval of an Application for Distribution. g. Far uctive mcmbers, a ��er�nancnt disability bcnctit ec�tlal to the ben�fit levcl tor each ye:ar that the meinber served as an aetive firefi 7ht�r ii� the Fire De� .artment, without re Jard to minimu.m c�r partial veslin ��quirei�e�nts, will be paid if, upon t�lie date of perm�n�n�t disabilitv, the membcr has not yct scparated from active service. "I�hc years of servicc must be �etern7ined as of the date�f disarilitv. The member is eli�ible to rece�ive the disabilitv ben�:fit immediatelv upon ap�proval by the I�oard. h. �For deferrec�meinbers, a perznanent disability benetit equal to a disahled deferred member"s de�ferred service �ension w�ill be paid to the disabled def�:e�•red n�ember. TIZe pertnan�nt disabilitv benetit amount may not excccd thc total earned service pension of the disabled mernber. i For ac�ive a�zd �leferre�� members. tem�orarv dis�bilitv benetits are n�t �7ravided b�h_is I�SSOCl�t1011, " ,. .• 1 Y � El�-}��.'-'.^a- �3{�-�3��"„� Q �g-��'��,'i�- y `'� }3�'cc#�r-- 1 1 '2v-F�ci-c;E,'-Fl�- 1 � �`�o"� � n Z`'Y'F7tTC�� _{�. - .�p"`°�'�G"�I'fC 7�� i r E�� 2 Be it resolved by the Board of Trustees of the Golden Valley Fire Department Relief Association, that at a meeting duly called and legally held at the Golden Valley Fire Department Station 1 Training Room, in the City of Golden Valley, on the _th day of , 201_, that the attached by-law revisions are submitted to the membership for approval, effective th, 201_. ARTICLE XI. RETIREMENT BENEFIT Section I: Service Pension - An active member of the Association who leaves active duty with the Fire Department is eligible to collect a lump sum service pension subject to the following: �Interest on the Deferred Retirement Benefit —No int4r�st will b� paid duriri� the t�eriod ofdeferral oi� a deferred lum�-sum service�ensi�n. r�*�,.��,�,�,��i�r o � . . .. . . , . , . � . . , .. , . � . � - �0 0' 0 � ..� p _ � , , . . . . . . . � .. . . .. . .. . ' ^O . . . . � . , . �. . . . .. . y . . . . . , � . . . ti(1 � �-tl..�,- .,+r,y,- r • History Fire Relief Pension City Interest Amount Levy Amount 2015 7,500 0 0 2014 7,300 0 5 2013 7,000 40,155* 5 2012 6,700 45,000 5 2011 6,700 66,000 0 2010 6,700 150,000 5 2009 6,700 0 5 2008 6,700 0 0 2007 6,450 0 5 2006 6,200 40,745 5 2005 6,200 17,124 5 2004 6,000 2,882 5 2003 6,000 114,559 0 2002 6,000 79,980 0 Fire Department(calls and trainin Battalion Chief $ 19.92 per hour Captain $ 19.18 per hour Lieutenant $ 17.73 per hour Firefighter $ 15.44 per hour Firefighter-Apprentice $ 13.01 per hour Firefighter in Training $ 9.77 per hour Deferred 6 over 20 years 10 10 yr to 19 yr 12 0-9 yr 27 Est 49 �:I�� s �;�, � < �� '�: �� ; �� .:� � Planning IJepartment 763-593-8095/763-593-8109(fax) � .. ,... �..�.. -�`�'�.�«��'�:,,.�.3v �`3v:4�=�h�'^� --,��. .. . . x�d,�°'��v.��,�...`F'ca.�.�-:.`'�„a;..��a-z-?�.c'�4.`,`�*�:,;..�-- ... ..'�'�... ..s::. }.., '_ Executive Summary Golden Valley Council/Manager Meeting February 10, 2015 Agenda Item 3. Joint Powers Agreement - PUD No. 121 - Central Park West - Southwest Quadrant of I-394 and Highway 100 Prepared By Emily Goellner, Associate Planner/Grant Writer Summary Staff will discuss with Council the main points to be covered in a potential Joint Powers Agreement with City of St. Louis Park regarding PUD site No. 121 (Central Park West). The preliminary plan received approval from Golden Valley City Council on December 16 and St. Louis Park City Council on December 15. The final PUD plan application was submitted on February 4, 2015, but a public hearing is not yet scheduled. If the final plan receives approval from both City Councils, a loint Powers Agreement will be necessary to outline the powers that each municipality has on this 13.48 acre site. Staff at both cities have begun discussions with their respective department heads and City Managers to begin determining the specific issues that must be addressed and negotiated. The City Attorney will alsa be very involved in the review and drafting of this document. Staff plans to bring a Joint Powers Agreement to City Council in the near future. Due to the complexity of this project, there are three key documents that will be necessary if final PUD approval is granted. Using the attached summary of potential agreements and permits, staff will discuss with Council the distinctions between the Joint Powers Agreement, PUD Permit, and Development Agreement, Attachments • Summary of Topics Addressed in a Standard Joint Powers Agreement (2 pages) • Summary of Potential Agreements and Permits- PUD No. 121 - Central Park West - Southwest Quadrant of I-394 and Highway 100 (2 pages) Summary of Topics Addressed in a Standard Joint Powers Agreement Land Use Controls Land Use and Zoning approvals such as PUDs and amendments Environmental Regulations Conduct environmental reviews and enforce environmental laws The power to levy and collect property taxes—by state law, Cities cannot Property Taxes levy tax or special assessment against property Iocated outside its boundaries General Police Power Power to adopt and enforce ordinances that benefit the health, safety, and welfare of the community. Public Safety Police services and enforcing criminal statutes Fire Protection Fire inspection and protection services Public Utilities Sanitary sewer, storm sewer, water, and any other public utilities Right-of-Way Services provided in right-of-way, maintenance, permits Licenses License regulations, applications, and enforcement Fees Collection of fees for licenses, permits, inspections, developments, special assessments, connection charges, utility fees, and the like Term of agreement (based an amount of time or other set of conditions), Term commencement date, if automatic renewals will occur and how often Amendments When and how the Joint Powers Agreement can be amended Map and Narrative A way to illustrate and explain the intentions of the agreement, which is complimentary to the legal terms used within the agreement The Most Common Joint Powers Agreements: • Police Protection under Mutual Aid • Joint Hiring & Employee Exchanges • Fire Protection under Mutual Aid • Community Recreation Programs • Building Inspection Services • Maintenance of Facilities • Sanitary Sewer Services • Operations of Shared Facilities • Water Service Districts Best Practices for a Joint Powers Agreement • Agreement reviewed by City Attorneys and Legal Services at League of Minnesota Cities • State the purpose and powers to be jointly exercised • Explain clearly the responsibilities of each party and any associated liabilities • Describe the method that will be used to accomplish goals or the manner in which the parties will exercise their powers • If any funds are shared by way of the Agreement, provide a method for disbursing funds consistent with how the members usually distribute their funds and provide for a strict accounting of all funds • Focus language on what will be done, not on what won't be done • Assign staff to monitor enforcement of agreement and regularly assess whether agreement should be updated to reflect new policies, practices, and procedures Summary of Potential Agreements and Permits PUD No. 121 - Central Park West - Southwest Quadrant of I-394 and Highway 100 Definitions of A�reements and Permits: Joint Powers Agreement: Two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they may be exercised. The agreement may provide for the exercise of such powers by one or more of the participating governmental units on behalf of the other participating units. Planned Unit Development Permit: A Planned Unit Development (PUD) is a land use permit that is granted through an application process requiring public hearings and City Council approval. In Golden Valley, the permit is granted by a signed ordinance after City Council action is taken. The permit allows a developer to meet overall community density and land use goals without being baund by existing zoning requirements. PUD is a special type of overlay district and the underlying zoning is taken into consideration during the approval process. Development Agreement: A contract between a landowner or developer and the city that sets the understanding between the developer and the city regarding the design and construction of the particular project. It establishes the parameters under which the development will proceed, as well as the rights and the responsibilities of the developer and the city. The scope would include design, installation and financing of public improvements, security for the completion of improvements, and plans and provisions for ongoing maintenance responsibilities. Comparison of A�reements and Permits: Joint Powers Agreement PUD Permit& Final Plat Development Agreement City of Golden Valley City of Golden Valley City of Golden Valley Parties City of St. Louis Park DLC Residential, LLC DLC Residential, LLC Flexible enactment date, Upon City Council Final Drafted upon City Council Date Enacted but suggested following City PUD Approval at Public Final PUD Approval and Council Final PUD Approval Hearing enacted by City Counci) Joint Powers Agreement PUD Permit& Final Plat Development Agreement • Site Plan • Site Plan • Easements • General Police Powers � park Dedication Fee • Title Review • Environmental . Traffic Mgmt Fee • Inflow/Infiltration Regulations . Maintenance Agrmt To ics • ublic Safet • Conditions for approval � p P Y Outside Agency Permits Addressed • Fire Protection from associated Staff � Reports Developer Improvements • Public Utilities . Assessments • Business and Liquor • Signs . Fee Amounts& Due Dates Licenses • Snow Storage . Securities • Fees • Developer's Default PUD Permit runs with the Agreement runs with the land and is perpetual. A land and a term limit is not resolution rescinding the typically described. Any Each Joint Powers ordinance that a roved pP successors to initial Agreement wi�l have a the PUD ermit would be P developer must execute different term limit and necessa to end its term. conditions for renewal or rY Agreement. After all work in Term contract is completed, cancellation. Most Joint Developer can request a Powers Agreements have terms lasting for years to Plat approval also runs with release from contract from even decades. the land and is also City. However, ongoing perpetual unless a new maintenance may cause the application for replatting is agreement to remain submitted and approved. perpetual. ��1 �� , : �� h� i ^�, '$.�,y y�S� �� `$'� .a�' �. � � � j � ff � .. 3i ��u �� e � ��'. . . Planning Llepartment 763-593-8095!763-593-8109(fax) ; : _�� ` K":��"�`�. _ ��:=�. ��Y��k'�6��.�', .,. ...e��: „,,,�,��.��, ,��v�� Executive Summary Golden Valley Council/Manager Meeting February 10, 2015 Agenda Item 4. Residential Construction Management Agreement Prepared By Emily Goellner, Associate Planner/Grant Writer Summary Staff will discuss with Council a draft of the Residential Construction Management Agreement. The agreement, which must be signed by the builder, outlines regulations that must be followed for every demolition, new construction, or major remodel of residential dwelling structures in the city. It attempts to regulate the issues which most often have negative impacts on immediate neighbors. This includes regulations regarding hours of operation, noise, location of dumpsters, site clean-up, erosion control, waste removal, work crew parking, and responsibilities for repairing any damage to public and private properties. The agreement summarizes regulations currently in place. Any new relevant regulations will be incorporated into this Agreement by staff. Attachments • Draft, Golden Valley Residential Construction Management Agreement (4 pages) City of Golden Vailey Inspections Department / 7800 Golden Valley Road, Golden Valley, MN 55427-4588 763-593-8090 / 763-593-xxxx(fax) / TTY:763-593-xxxx / www.�crldenvallevr7ir�;c�v Golden Valley Residential Construction Management Agreement This agreement applies to all construction projects of demolition, new build, or major building additions of all residentialdwellingstructuresintheaty. The undersigned hereby acknowledges that they are responsible for complying with the conditions listed below. Failure to do so may result in fines and/or construction delays. This agreement must be present on-site at all times during active constructian. Failure to post and follow this agreement may result in fees/fines and/or immediate Stop Work orders. 1. Hours of Operation Operation of construction equipment is allowed only between the hours of 7:00 a.m. to 10:00 p.m. The City encourages that no work take place after 7:00 p.m, to minimize resident complaints. 2. Tree Protection When reasonable, protective fencing shall be installed around all boulevard trees and/or trees along lot line that are intended to be saved. To determine whether a tree preservation plan must be submitted, contact Public Works at 763-593-8030. The approval tree preservation plan must be followed when applicable. 3. Stormwater Management The Contractor shall conduct all activity in a manner designed to minimize surface runoff, erosion and sedimentation. Proper erosion and sediment control measures shall be provided per the approved Stormwater Management Plan to prevent soils from being deposited onto adjacent properties, rights-of- way, public storm drainage systems, wetlands or watercourses, The Contractor is responsible for preventing or minimizing the potential for unsafe conditions, flooding, or siltation problems. 4. Dust & Dirt Control Tracking of dirt onto public roads during hauling and general day-to-day construction operations will require periodic cleaning of these roadways. Soil and sediment deposited onto public and/or private pavement areas shall be removed periodically and at the end of each work day. Sweeping may be ordered at any time if conditions warrant. The Contractor is responsible for all dust control efforts. The Contractor shall be required to respond appropriately to any verbal or written notice from the City regarding dust control. When feasible, the Contractor shall, in repairing or tearing down buildings, or in removing debris from any buildings, shall keep all such debris, when appropriate, thoroughly dampened with water so as to prevent the dust there from flying around the neighborhood where any such building is located. 5. Street Obstructions & Commercial Vehicle Parking Work Crew Parking: Contractor/employee parking shall comply with all applicable parking regulations, including but not limited to compliance with no parking zones or other on-street parking restrictions as well as snow emergencies and winter parking restrictions. Minnesota State law requires a five foot (5') parking setback from driveways and a thirty foot (30') setback from intersections. Contractors are encouraged to park on one side of the street to minimize resident complaints. Dumpsters shall be located completely on project site. The Contractor shall comply with all snow removal, snow emergency, and street maintenance/repair regulations for street usage and sidewalk clearing. 6. Damage to Surrounding Properties and Right-of-Way The Contrac�or is responsible for repairing any damage to public streets, sidewalks, boulevards (including trees), land, �urbs, gutters, or sewers, The Contractor shall provide pictures of the existing conditions of the curb, sidewalk and street, boulevard, boulevard trees adjacent to the property prior to any demolition or construction. If damage occurs or if pavement is disrupted, the City must be notified immediately to determine the repair method, schedules, and fees. Public Works can be reached at 763-593-8030. Adjoining public and private property shall be protected from damage during construction, remodeling and demolition work. All structures on adjoining properties, including fences, must be protected from construction work. Excavations for any purpose shall not remove lateral support from any footing or foundation without first protecting the footing or foundation against settlement or lateral translation. 7, Deliveries & Stockpiling of Materials All deliveries to the site shall be permitted to site within approved hours of operation, on an as-needed basis. Limited stockpiles of building supplies located on site must be neat and orderly with materials that will be used within a reasonable amount of time. No materials may be deposited or stockpiled on the public streets, boulevards, alleys, or sidewalks. 8. Debris Control & Waste Removal All debris will be contained on project site. Regularly scheduled trash and debris removal shall be completed by contractor during the course of construction. Dumpsters shall be removed only during approved hours of operation. Area around the dumpster shall be neat and orderly. Equipment and materials not used on the work site shall be promptly removed and the site shall be maintained in a neat and orderly condition at all times. All cans, containers, paper, plastic, etc., that are not needed for construction shall be removed and cleared from the site. 9. Noise Reduction All contractors shall plan for and effectively implement measures that prevent adverse effects upon adjacent property owners including the public right of way. The Contractor shall implement reasonable measures to mitigate nuisance noise by limiting use of noise generating equipment, vehicles, and avoid using such equipment in immediate proximity to an adjacent residential use to the extent reasonable. 10. Plan Requirements & Changes Approved Plans: An approved/stamped set of construction plans shall be present and available on site at all times. 11. Stop Work Order If the Building Official, City Engineer, or designee finds any work regulated by the code being performed in a manner contrary to the provisions of the code or in a dangerous or unsafe manner, they may issue a stop work order. The stop work order shall be in writing and issued to the awner of the property involved, to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work will be permitted to resume. Project Address Building Permit Number Date Issued Proposed Start Date Proposed Completion Date Applicant/Contractor Contact Person Name Address City State Zip 24-hour phone Work phone Cell/Pager Email ^� Email Signature Property Owners (if different than above) Address City State Zip 24-haur phone Work phone Cell/Pager Email — --�---- Email Signature This document is available in alternate formats upon a 72-hour request. Please call 763-593-8006(TTY:763-593-3968)to make a request. Examples of alternate formats include large print, electronic, Braille,audiocassette,etc. �1�^�) �� ;p�;��; I' , .� �� .. � � �� , � �� .� � ..�.. � � �� °�� Public Works De artment r 763-593-8030/763-593-3988(fax) Executive Summary Golden Valley Council/Manager Meeting February 10, 2015 Agenda Item 5. Proposed City Code Amendment - Chapter 4.31: Stormwater Management Prepared By Jeff Oliver, PE, City Engineer Eric Eckman, Public Works Specialist Summary The City has a stormwater management ordinance that was last updated in 2010. The ordinance is the regulatary mechanism that helps the City to enforce its stormwater requirements to ensure the protection of its water resources. The ordinance is part of the City's overall stormwater management program that is required under the National Pollutant Discharge Elimination System (NPDES) program administered by the Minnesota Pollution Control Agency (MPCA). In response to changing federal regulations, the MPCA reissued its Municipal Separate Storm Sewer System (MS4) Permit in 2013. The City applied for and received permit coverage under the new permit in April 2014. As part of the MPCA approval, the City is required to make updates to its stormwater management program, including its regulatory controls such as the Stormwater Management Ordinance, within 12 months of permit coverage. Updates to the City's Stormwater Management Ordinance are based upon Environmental Protection Agency rules, the MPCA Construction Permit, MS4 Permit language and guidance documents, the Minnesota Cities Stormwater Coalition guidance, and the Bassett Creek Watershed Management Commission (BCWMC) draft watershed management plan. Major revisions to the ordinance include the following: � Updating and clarifying the project thresholds which trigger permit applications and project reviews by the City and its partner agencies. � Construction site stormwater runoff controls—adding recommended language and references to the MPCA Construction Permit for sites equal to or greater than one acre. � Post-construction stormwater management—adding recommended language from the MPCA MS4 Permit and BCWMC watershed plan for sites equal to or greater than one acre. This includes requirements for new development, redevelopment, and linear projects, and limitations and exceptions to the requirement. � General Performance Standards - Buffers—adding the new BCWMC buffer requirements for consistency with watershed plan. � Illicit Discharge - adding recommended language regarding the prohibition of illegal discharges into the City's stormwater system or surface waters, including the City's authority to inspect private properties to ensure compliance. City staff will be present at the Council/Manager meeting to discuss the ordinance updates in more detail. It is anticipated that the final draft ordinance will be brought to a City Council meeting in the near future for first and second consideration. Attachments • DRAFT Stormwater Management Ordinance (strikethrough/underline version) (21 pages) • � � 0 1�' p n. . q►'��► �� . 11�1�' STORMVVATER MANAGEMENT GIRDINANCE Subdx'vision 1. Stai�utory Authorization and Purpose A. Statutory Autharizatian.Thzs Section is adopted pursuant ta the authorization and policies containeci in Minnesnta Statutes Chaptexs 103B and 462;Minnesota Rules, Parts 6120.2500-6120.3900,Minnesata Rules Chapters 8410 8420 and 7QS0.0210. B. Findings. The City af Golden Va11ey finds that uncantrolled Stormwater runr�ff and canstruction Site Erosion fram land Development and Land Disturbing Au�tivities can have significant adverse irnpacts upon local and regional water resources,dirninishing the quality of public health, safety,public and private property and natural resources of the cornmunity. C. Purpose. The general purpase of this Sectian is to establish regulatory requirernents for land Development and Land Disturbing Activiries aime�l a#minimizing the threats to public health, safety,publio and private property and natural resources withzn the community resulting from construction Site Erasion and post-construction Stormwater runoff. D. This ardinance is intended to meet the current construction site erosion and sediment cantral and post-constructian storrrxwater mana�ement re u�lator�reguirernents for construction activity and small construction activity(NPDES Permit)as defined in 40 CFR pt. 122.26(b)(14Z(x) and(b (15),respective�. E. This ordinance is intended to meet the Minimal Impact I3esi�n Standards�MIDS� developed under Minnesota Statutes 2009, Sectzon 115.03,subdivision Sc. Subdivisian 2. Definitians and General Provision A. Definitions. The following terms are defined for p�uposes of this section as se#forth below. Terms nat defined in this section shall have the meaning customarily assigneci to th�n as a matter of general usage. Far the pwposes of this section,the words "must"and "shall"are mandatary and nat permissive. 1. Adnaiu�strator: The individual respansible for averseeing the requirements of the City Cade for purposes afthis seation of this code, the Administrator shall be the City Engineer or his/her designee. 2. Alteration: Any change or rnodificatian of land, water, vegetation or exis�ing SXI'tiClUlt�S. 3. Applicant: A Perrnittee, ar any person ar entity that applies for any Permit for a project that includes a Land Disturbing Activity. Applicant alsa means that person's agents,employees, and others acting under that persan's direction. 4. Bassett Creek Watershed Management Commission ar BCR'MC: The watershed managem�t organizatian established by a jaint pawers agreement between nine(9)member cities including the City of Golden Valley. The BCWMC is respansible for managing water resaurces within the forty(40} squaze mile Bassett Creek watershed. Most of the City af Golden�alley is lacated within the Bassett Creek watershed. S. Best Management F'ractices or BMPs: Exosion and Sediment Gantrol and water quality management practices that are the mast effective and practicable means of cantrolling,preventing, and minimizing degradation of Surface Water,including constnzction-phasing,minimizing the len�;th af rime Soil areas are expnsed, City Qrdinances iCity of Golden Valley,MN WSB Pro,�ect No.2092-26 Page 1 � STURIViWATER MANAGEMENT URDINANCE prohibitions, and other management practices published by state or dssignated areawide planning agencies. Examples ofBMPs can be found in Protecting Water Quality in Urban Areas, Minnesota.Pollution Cantral Agency 2000, Minnesota Urban Sma11 Sites BMP Manual,Metropolitan Caunci12001, State of Minnesvta Stortnwater Manual, MPCA 20Q5, Starm Water Management for Construction Activities: Developing Pallution Prevention Plans and Best Matiagement Practices, U.S. Envixonrnental Protection Agency 1992, and Erosian and Seciimu�t Cantrol Handboak, Minnesota Departrnent ofTranspartation 24139�, as these documents ma be amended from time ta tirne. b. Calcuiated High Water Level: The peak etevati�n calculated far a one hundre�d (100}-year precipitation or snawmelt runaffevent. i. Development: The eonsttvctian,installation or Alteration of any structure; the extraction, filling, clearing or other Alteration of land or vegetarion; the change af cross sectian of any water body or watercourse;the subdivisian af land pursuant � to the Gity Code. 8. Earth Material: Any rack,natural Soit or fi11 ar combinatian thereo£ 9. Erasion: The wearing away of Soil by rainfall, Surface Water runoff,wind,or ice movement. 10. Erosion Control: Methods emgloyed to prevent Erosion. Exarnples include Sail stabilization practices,horizantal slope Grading, temporary or Permanent Cover, and constructian phasing. 11. b�inal Stabilization: The establishment of Pernianent Cover an the entire Site. 12. Floodplain: Thase areas within the City which include the beds prope�r and the areas adjoining Bassett Creek or its tributaries, which have been, ar hereafter may be, cavered by a Regional Flood. l 3. Grade: The vertical lacation af the gcound surface. 14. Grading: Any Land Disturbance or landfill, or cambinatian thereof. 15. Hazardous Materials. Any material, includin,g�y substance waste ar rc�mbination thereof wlueh because of its uantit concentratinn or h sical ehemical, or infectious characteristics rna�cause or significantt�ntribute to a substantial present or natential hazard ta human health, safet�,_property, or the environment when improperlv treated, stared,transparted, disnosed o£ar atherwise mana�ed. lb. Illicit Connectaiuns: An illicit connection is defined as either of the fallowing: a. Any drain ar canveyance,whether on the su�-f'ace ar subsur-face,which allows an illegal discharge to enter the storm drain systern, including but nat lirnited to any conveyance which allows any non-Stortnwater discharge including sewage, pracess wastewater, and wash water ta enter the storm drain system and any conneotions to the storm drain systern from indoor drains and sinks, except discharges from sump pits,regardless of whether said drain or cannectian had beer� previously allawed,permitted,ar approved by an autharixed enfarcetnent agency; or b. Any drain or conveyance connected from a residential, commercial or industrial land use to the sto�n drain system,which has not been documented City Ord'►aranres City of Galden Valley,MN WSB Project No.2d91-Z6 page� STCJRIVIWATER IYCANAGEMEIYT ORDINANCE in plans,maps, or equivalent rer,c�xds and appraved by an autharized enfarcement agency. 27. Land Disturbance or Land-Disturbing Activities: Any]and change that may result in Sail Erosion from water or wind and the rnavement of Sediments into or upon waters or lands. This may include,but is nat limited to, a disturbance that xesults in a change in tapography, pr disturbr�.nee of the existing Sail cover{both vegetative and nan-vegetative). Land-Disturbing Activities include clearing and grubbing,Grading, excavating,transporting Earfh Material and filling af land for all new construction and redeveloprnent. Activities that da no#meet the thresholds far projects identified in Subdivision 4(A) are not cansidered Land-Disriubing activities. 18.Minnehaha Creek Watershed District or MCWD: The MCWD issues Permits for Erosion Control and Stvrmwater rnanagement in a small area of the City sauth af Interstate 394 and east af Hi,ghway 1 Q0. 19. N�tional Follutant Diseharge Eliminatian System ar NPDES Prngram: The program far issuing,madifying,revoking,reissuing,terminating,monitaring,aud enfarcing Permits under the Clean Water Act, Sections 301,31$,402,and 405 and United States Gade of Federal Regulations Title 33, Se�tions 1317, 1328, 1342, and 1345. 20. Clwner: I:ncludes fee owner, contract purchaser, and lessee far whcrrr► constru�tion is being undertaken. 21. Permanent Cover: Final Stabilization. Examples include grass, native vegetatian, Iandscape rack,mulch, asphalt, and coxicrete. 22. Perm3t: An official dacument or certificate issued by the City of Golden Valley authorizing pexforznance af a specified activity. 23. Permattee: ,An Applicant or any persan or entity who signs the application submitted to the City and is responsible far compliance with its terms and conditians. 24. Regional Fload:A flood which is rc�resentative af large flaods known ta have accurred generally in Minnesata, and reasonabiy characteristic of what can be expected ta occur an an average fre�quency in the ma�nitude of the ane hundred (1 QO)-year recurrence interval. �4:25. Redevelopment: For t1�e purposes of deternninin�t�ast-constructian stormwater mana�ement reqnirements any construction activitv where,_prior to the start c�f constructian the areas to b,e_di,sturb,eci have._1 S percent or xnore af � ixnpervit�us,surface s .. �-5:26. _Sediment: The paraduct c�f an �rosion process; solid material both mineral and organic, that is in suspension, is bein�;transparted, or has baen moved by water, a'rr, or ice, and has come to rest on the earth's surface either above or belaw water level. �i-2'1. Sediment Control: Methods emplayed to prevent Sediment from leaving the Site. Sediment Control practices include silt fences, Sediment traps, earth dikes, drainage swales, check darns, subsuxface drainpipe slope drains, storm dxain inlet protection, and ternporary or permanent sedimentation basins. C;ity CTrdinances City of Golden Valley,MN WSB Project Na.2092-26 p�g�3 ST+(I�RMVt'ATER MANAGEMEI�TTT ORDINANCE �:28. Site: A parcel or parcels of real property owned by one(l) or inare than ane(1)person,whzck�is being or is capable af being developed as a single praject. �&:29. 5oi1: The unconsolidated mineral and or�anic rnineral ma#erial on the irnmediate surface of the earth, �-30. Stabilized: The exposed ground surface has been covered by staked sod, riprap, waod fiber blanket, czr other material,which prevents Erosian from occurring. �round surface which has been seeded is not Stabilized. �:31. Stormwater: Precipitatian r�unoff� StOTII1W1t6T TUriOff,snawmelt runoff, and any other surface runaff and drainage. Stortnwater does not include construction Site dewatering and Sump Discharge. �-32. Starmwater Management Facilities: Stxuctural and non-structural cornponents ofthe Stormwat�Management System associated with the quality and quantity of Stormwater runoff. �33. Stormwater Mana�ement Pl�n: A plan which describes how Stormwater runoff and associated water quantity and water quality impacts resulting from the praposed Develapment projeet will be contralled and managed. 3�-34. Stormwater Management System: Public and/or private systems of collecting, conveying, storing and treating Stormwater runaff. �435. Stormwater Pollution Prevention Plan or SWPPP: A plan for Stormwater discharge that includes Erosian preventi.on measures and Sedimez�t Controls that, when implemen.ted,will decrease Soil Erosion an a parcel of land and decrease aff site nanpaint pollution. �-5�:36. Sump Diseharge: Water that has been filtered through the ground or Soil tayers resulting in clear water. Sump Discharge is nr�t cc�nsidered Starmwater. 3(:37�,,._____Surface Waters: All strcams, lakes,pands,rnarshes,Wetlands,reservoirs, springs,rivers, drainage sysl�nns,waterways, and watercourses, whether natural or artificial,public or private. �:38. Temporary Erosion Prakectian: Methods employed to prevent Erosion before Fina1 Stabilization. Examples include; Erosior�netting, woc�d fiber blanl�et, wood chips and silt fence. �:39. Wetlands: Wetlands are definerl in Minn. R. 7055.0130, Subd. F and includes those areas that are inundated or saturated by Surface Water ar ground. water at a freyuency and duration suffiaient ta support, and that under normal cfrcumstances da snpport, a prevalence of vegetation typically adapted far li�e in saturated 5oi1 conditions. Wetlands generally include swamps,marshes,bogs, and similar areas. B. Responsibility.Neithet°the issuance of a Stormwater aVlanagement Permit nor cc�mpliance with its canditions or the provisions of this Section, shall relieve any person from any responsibility otherwise imposed by law far damages ta persoz�s or praperties, nar shall the issuance af any Permit hereunder serve to impose any liabiiity on the municzpality or its officers ar employees far injury or damage to persons ar property. A Permit issued pursuant to this Section shall not relieve the Permittee of the responsibitity of cr�rnplying with any ather requirements established by law,regulatian or ardinance. ciry orazn��,� C'iky of Gulden Valley,MN WSB Project No.2092-26 P�ge 4 ST4RMWATER MANAGEMENT ORDINANCE C. Abrogatian at�d Crreater Resbrictions. It is not the i.ntention ofthis Section ta repeal or abrogate atay existing Grading,drainage and Erosion Control or Stormwater management pdicies or Permits issued under pre-existing Sectian 4.31, which Permits shall cantinue in full force and effect;however, where this section imposes greater restrictians,the provisi�ns af this section shall prevail. D. Compatibility and Cornpliance with other Regulatians, This Section is not intended to modify or repeal any ath�r ordinance,rule,reguilatxon or other provision of law. The requirements of this Sectian are in acidition to the requirements of any ather ordinance, rule, regulation ar other provision of law,and where any provision of this Sectian imposes restrietions dif�erent frorn those imposecl by any other ordinance,rule,regulation or ather provision of law, whichever pravision is more restriv�ive or irnposes higher protective standards sha11 cantrol. E. Application ta all Water Entering System. This Section shall apply ta all water entering the Gity's Stormwater Managernent System fram any land within the City. F. Responsibility for Administratian and Waivers. The Adrninistrator shall administer, implernent, and enforce the provisions af this Sectian. Any powers granted ar duties imposed upon the Ae�mi.nistrator by this Sectian may be delegated to persons or entities acting in the interest of the City. The Admin3strator znay waive any submittat c,r administrative requirement that will not adversely affect achiev�cnent of the purpose, goals and performance standards af this Sectian. Subdiv�ision 3. Permit Anthority for Land-Disturbing Act�vities A» City of Galden Va11ey. The City af Galden Valley is the perrnitting authority for Land � Dishubing Activities listed i.n Subdivision 4(A)within the boundaries of the BCWMC and the MCWD. The City rnay issue a Stnrmwater Pvlanagement Perrnit approving I.and- Disturbing Activities in these areas. B. Bassett Creek 1�atershed Management Commission{BCWMC}. Althaugh the BC17�MC is not a permitting authority, it has the authority ta review and approve pxojects that ciisturb an area of ten thc�usand(10 000�sguare feet ar more c�r will result in mc�re tl�an twa hundrs�200 CU�.iIG Vill'C�S Of CUt Ol'�1�� and prajects listed in the BCWIVIC docurnent "Requirements far Improvements and L7evelnpment Proposals." Such prajects must c.c�mply with BCWMC guidelines,policies, standards and requirernents. The BCWMC will review the Applicant's submittal only aft�r the praject has received preliminary review by the City indica�ing general campliance with existing lpc�l watershed mana,�ernerzk plans. C. Minnehaha Creek Watershed Uistrict (MC,WD). The MCWD 'zs the pem7itting authority for Land Disturbing Activities in excess of five thousand (5,000) square feet ar fif�y�SO� cul�ic,�azds within the MCWD boundaries. In addition,pra�ects meetin crite-ria listed in the MCWD regulatorY rules mav also be subiect to review and permittin ._Where required,the MCWD Perrnit is in additian to a Perrnit required by the City af Golden Valley. D. Mizin�sota Follutian Cantrol Agency(MF'CA). "I'he MPCA is the permitting authority for Land Disturbing Activities rec�niring an NPDES Permit far canstructian activity, � incIuding the requirements far developing and impleznenting a SWPPF. The NPDES Permit is required far canstruction activity that results in land disturbance of eaual to or City Ordrnauces City of Golden Valtey,iNh' WSB Pro,ject No.2042-26 pa��y STOTtNIWATER MAlvAGEMENT ORDINANCE � �eater than on�acre, ox a common blan of development ar sale that disturbs �reatcr than one acre as defined in the NPDE� Permit Where required,the NPDES Pt�rmit is in additian ta Permits requirecl by the City of Golden Va11ey and the MC't�VD. Subdivision 4. Stormwater Man�tgement Permit A. Activities Requiring a City of Golden Valley Stormwater Managernent Permit. l. Land-Disturbing Activities whieh remave Sails ar vegetatian,inctuding but not Iimited ta clearing, digging,clredging,draining ar filling. Any af the following activities sha1l r�quire a Stormwater Management Permit: a. Any activities which disttub Sails or vegetation in excess of four-thousand (4,U00) square feet. b. Any activity that would invalve canstrrxction, insta.11ation, demalition, rnodification or expansion of a building foundation wall. c. Construction ar demalition of a swimming pool. d. Construction ar demolition ot a retair�.ing wall of suiFcient hei�ht to reqaire a building Pecmit. e. Any Land-Distua�bing Activities within City right-of way that have a duration greater than seventy-two (72)hours and are nat cavered by a right-of-way excavation,utility, or plumbing Permit. f. Cuttin,g, filling,dispasal,hauling in,or storage of more fhan thirty(30) cubic yards af Soi1. g. Construction, reclamatian, expansipn,rernoval ar rnodafication of a parking lot. I h. Construc�ion, expansion ar modification of a Storrnwater Managernent Fa__cilitX ' or Stormwater BMPs. i. Any Land-Disturbinp,Activities within the one hundred(100)-year Floodplain ar Calculated High Water Level af any water bady, or immedaately adjacent ta any Wetland or public water body, including shoreline restoration and creek bank stabitization. j. Thase aativities requireci to meet"., ," " the standards'-'af the BCVVMC as set forth in the current version of BCVVMC's "Requirements far Irnprav++emments ancl Development Proposals.'> as amended from time to time. 2. The�ollowing activities may be undertaken without a Stormwater Management Permit: a. Maintenance of existing yards. b. Emergency wark to preserve life or property. I3. Applicatian Submittal Requirements. Each City of Golden Valley Stormwater Management Permit application shall include two {2} sets of plans and supparting doeumentatian and one(1) electronic capy of the plans and supparting documentation. The follawing items shall be required with each application, except to the extent wa.ived by the Administxator: 1. Completed application farms and fees required by the City and BCWMC,if applicable. City Ord'rnances C[ty ofi Golden Valley,NIN WSB Project No.2p92-Z6 p�g�� STORMWAT`ER NIAIVAGEMENT ORDINANCE 2. Pravision rnade for fina�ncial securities as required in Subdivisiaan 4(F). 3. Capies of Permits or P�cmit applications required by other jurisdictions. 4. Ex.isting Site conditions an a certified survey,prepared to City standards and including existing tapography, easements, vegetataon and drainage. S.�,Stormwater Management Plan and Narrative. Plans must be prepared to City standards and the standards of BCWMC.MCWD, and MF'CA,if applicable. Por construction sites equal to or greater than one acre,plans rnust be submitted that: a. Meet the requirements of Part III and Part IV of the NPDES Construction Stormwater Penmit. a�-b.Meet the post-constructian storrnwater mana�ement reguirements listed in Subdiviszon 5 of this ordinance. C. Applieation Review Proeess and Permit Approval. 1. Pre-Review. Th�Administratar shall make a determi.nation regarding the cornp(eteness c�f a Fermit application within fifteen (1 S)business days of the receipt of the applicatian and norify the Applicant if the application is not carnptete. Tncamplete applicatfons may result in automatic denial ofthe Permit. Z. Permit Review and Decision. Botta the City and the appropriate watershed rnanagement nrganizations review Permit applications. The Adrninistrator sha11 notify the Applicant af Permit approval or denial within sixty(60) days of receipt of a complete application. 3. Permit Approval. Upon approval of the applicatian,the Administrator shall issue a Perrnit. 4. Permit Denial. If the Adrninistrator determines that the application does not meet the requirements of this Sectian,the application will be denied. All land use and buiiding Permits shall be suspended until the Appiicant has an approved Permit. S. Plaza Modifications. The Applicant mnst amend any submitted plans as necessa�y to include additional requirernents, such as additional ar rnc>dified BMAs designed ta correct prablerns identified,or to address situations whenever: a. T'hera is a change in design, construction,aperation,maintenance,weather, or seasonal canditions that h�s a significant effect on the discharge of pollutants ta surfaee ar ground waters. b. Inspec,tic�ns or investigatians by Site operators, local, state or federal officials indicate the plans are nat effec�ive in preventing ar significantly minimizing tlYe discharge af poltutants to surface or ground waters ar that the discharges are not meeting water quality standards; ar c. The plara is nat achieving the general obj�ctives afminimizing pollutants in Stormwater discharges assaciated with construction activity. 6. Permit Guratian. Pezmits issued under this section shall be valid far the period during which the proposed Land-Disturbin�ar fillin�Activities and Soil storage takes place or is scheduled ta take place. The Perrnittee shall cc�mrnence permitted activities within sixty(60}days crf the issuarice of tlie P�rmit far Crracjzng Ur the Permittee shail resubmit all required application forms,maps, plans, schedules and security to the Administratar, except where an item ta be resubrnitted is waived by the Administrator, The Permit will expire or terrninate when: a. The Site has been Stabilized and approved by the Administrator, or City Qrdinances City of Golden Valley,riiN WSB ProJect No.2092-26 p�ge� �TORMWATER MANA+GEMENT CIRDINANCE b. There has been one hundred eighty(1 SO)days of inactivity. � I7. Perforznance Standards far Construction Site Stazmwater Runoff Control. %�All Grading material and Soil however placed on a Grading Site shall rernain within the limits ofthe Crrading Site and nat travel onto adjacent property, sfireets, or ather public or private praperty as dust,mud, chunks, ar otherwise,unless approved by a11 affected adjacent property owners and th�Adnninistrator. �:2. All p�osed Startnwater BMPs must be maintained in accordance with the plans, details, and specifications approveci by tlie City_ 3�Projects within the BCWMC boundaries that disturb�g an area of ten thousand {10,00U) square feet or more ar will result in more than two hundred(20fl) cubic �ards af cut or fill shall meet the current requirements for Construction Erosion and Sediment Control Plans specifieci by the BCt�VMC. Projects required to meet water qualitv standard `° " " "o�' the BCWMC shall meet the cuirent design and maintenance requirements for the propasad EiMPs as specified by the BCWMC. �:4.Pro�ects within the MCWI7 boundaraes that disturb an area of five thausand �5,000� sauare feet or more or will result in more than fift,y(,50,� cubic yaras shall meet the erosion and sediment control require;ment�ecified in the current re Iato rules. � �"`,'.._......_.._...._..._.... �-:S.Proiects with land disturbin�and on-site activities eaual to or�reater than one acre shall me�t the;reguirements c�f„Part.III_and Part,IV of the NPDES Canstruction Stormwater Permit for erosion and sediment controls and waste cantrols. E. Appl'rcant Responsibilities. 1. Inspections. The Applicant is responsible for regular inspections and record keeping nec�cied ta doeurnent compliance with the Permit requirements.At a minimum, the applicant must ins�ect the construetion�roject or�ce a week and within 24 hours of a rainfall event af one-half�,l/2) inch orgeater in a 24-hour �eriod. The City may conduct inspections as needed to ensure that both Erosion and Sedirnent Contral measures and Stormwater BMPs��-es are properly installed and maantained prior to canstruction,during constructian, and at the completion of the project. The Applicant shall notify the City a nninirr�um nf seventy-two (72)hours prior ta the following required Ciiy inspections: a. Initial Inspectian-when all Erasian and Sedirnent Control BMPs are installed. This inspeetian must be completed before a building Permit ean be issueci. b. Project Complete Inspectian—when the project is complete including,but not litnited ta, final Grading, installation af aI1 Stormwater Management Facilities, and Final Stabilizatian measures are complete. One(1)-year warranty begins after inspector approves project. c. Warranty Inspection—cc�mpleted one(1) year later to confirm that pemianent � Site stabilization methods have been successful and vegetation;has been established. City Ordinancea City af Golden Valley,MN WSB Project No.2092-Z6 p�ge g STCIRMWATER MA.NAGEMENT tJ►RDINANCE 2. Reporting. 'The Applicant shall submit reparts to the Adrninistratar under the followin�circuumstances and shall submit reco�nmendatians far carrective measures,if appropriate,with such reports: a. There are delays of more than seven(7}days in abtaining materials, machinery, services or manpowear necessary to the implementatian of the Stormwater Management Plan as schedule�. b. There are delays of seven (7)days in land disturbing or filling activities�r Soil storage. c. The work is not being done in conformance with the appxoved plans and Perrnit. Any changes to the approved plan rnust be submitted ta the Adminrstrator for review and approva.l befc�xe waxk can cornmenae. 3. Right of Entry. The issuance of a Permit constitutes a right-of-entry for the City or its contraetar ta enter the construction Site. The Applicant shall allow the City and its autharized representatives,to: a. Enter the permitted Site for the purpase af abtai.ning infarrnatian, examining records, conducting investigations or surveys; b. Bz�ing such equipment an the Site as is necessary to conduct such surveys and investigations; c. Examine and copy any boaks,papers, or di�ital files pertaining to activities or recards required to be kept under the terms and canditions of the perrnitted Site; d. Inspeat the Starmwater pollu�ion control measures; e. Sample and monitor any iterns or activities pertaining to Stormvvater pollution contral measures; f C"c�rrect deficiencies in Stormwater and Erosion and Sediment Control measures consistent with Subdivision 4(G)(5-6) of this Section. F. E'inancial Security. 1. Amaunt a�d Type. The Applicant shall provide security far the perforrnance of t-t�work tc�.�ravide all tem orary an i permanent erosion and sediment cantrol measures described and delineated in the approved �'eimit in an arnount not less than ane hundred and twentv�v�fift�percent(125-�-�8%)of the approved estimated cost of performing the desa�ibed wark. The type of the security sha11 be ane(1)or a combination af the following to be deterrn'rned by the.Administrator; a. Bond or bonds issued by one(1} or more carporate sureties duly authorized to do business in the State of Minnesota. The form of the bond or bonds shatl be subject ta the approval af#he City Attorney; b�I7epasit, either with the Administrator ar a responsible escrow agent ar trust cam�pany at the aptian af the Adminisirator, af maney,negotiable bonds of the kind approved for securing depasits af public monies,or ather instrument of credit fram ane(1)or more financial institutians subject ta regulation by the State ar Federal government wherein said financial institution pl�ed�;es funds � are on depasit and guaranteed for payment; i�:c.irrevocable Letter�of_Credit,_i.n a form ac�;�table to the C�i Attorne • or e:d.Cash in U.S. currency. C#ty Ordiusuces City of Gnlden Valley,MN WSB Proyect No.tti92-26 Page 9 ST�RMWATER MANAGEIYIENT ()RDINANCE 2. Release. Security deposited with the City for faikhful perfarnaance of the approved plans and to finance necessary remedial work shall be released one(1)year after final inspectian has been approved by the Administrator,provided no actian against such security has been filed prior to that date. The Ciry reserves the night to retain a11 ar a percentage of the security for a warranty periad at the discretion of the Admin.istrator. 3. Reductian of Security. The Applicant may have tl�e option to reduce the security one(1)time within the first twelve(12)months of the issuance ofthe Permit, and thereafter, ane{1}time within any twelve (12) month periad, which period sha11 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. Enfarcement Actions to Ensure Gompliance. 1. (�rders. The Ac�rninistratar m�y issue an arder to modify the approved Permit and stipulate a time frame for compliance per Subdivision 4(C)(5)The Applicant shall comply with said arder. 2. Pennit Suspension. The Administratar shall suspend the Permit and issue a stop work order if the Administratar determines that the Permit was issued in error,the Applicant supplied incorrect inforn�ation,or the Applicant is in violation of any provision af the approved plans,the Permit, or this Section. "I"he Adrninistrator shall reinstate a suspended Permit upon the Applicant's conectian of the cause of the suspezxsion. 3. Cnnstruction Stop Work Clyder. The City Building �fficial rnay issue a stop work order for a related buitding Permit if requesteci by the Administrator. 4. Perrnit Revocation. If the Applicant fails or refuses to cease work as required,the Administrator shall revoke the Permit and the Applicant shail be subject ta enforcement,penalties, and loss of its financial security in accardance with terrns of Subdivision 4(G)(6)ofthis Section. The Adrninistrator shall not reinstate a revakecl Permit. S. Remedial Carrective Actinn. The City or a private cantractor under contraet with the City may conduct remedial or corrective action an the project Site or adjacent Sites affected by project failure ar ta implement actians specified in an order to rnadify plans and Permit. The City may charge Applicant for all casts associated wifh correcting failures or rernediatin�damage from the failures accc�rding tv the oxder including but not limited to, materials, equipment, stafftime and attarney's fees. �f payment is not made within khiriy(3Q}days, payment will be made fmm the Applicant's financial security ar, in the case wh�re no �ermit was issueci, payinent rvill be assessed against the property. 6. Action Against Financial Security. Iri any af the fallowing circurnstances, the City shall use funds fram the financial security to finance remedial wark undertaken later by tkie City or a private contractor under cantract ta the City, and ta xeimburs�the City for all di.rect casts including,but nat limited to, stafftime and attarney's fees: a. The Applieant ceases Land-Disturbing Activities and/ar filling activities prior to campletion af the Stormwater Management Plan; City Ordinances Clty ot Golden Valley,MN WSB Project No,2692-26 pag�lp STUR]VIWATER MANAGEMENT 4RDINANCE b. The Applicant fails ta rronfarm to the Stormwater Management Plan as appraved or as modified under this Code, and has had his/her Permit revoked under this Cade; c. The techn.iques utilized under the Stormwater Management Plan fail�vithin one(1)year of installatian, or befare Fina.l Stabilization is impl�nented for the Site ar partions of the Site,vvhichever is later; d. T�e Administrator determines that action by the City is necessary to prevent excessive Erosian frorn occurring an the Site; or � e. The Applicant fails ta establish Wetland, Stream or Shoreline buffers as described in the Stormwater Permit. 7. Misderneanor Violation..Any violation of the provisions of this Sectian ar failure to camply with any of its requirernents sha11 constitute a misderneanor. 8. Cumulative Enforcern�nt. The procedures £ar enforcement of a Permit, as set forth in this 5ection,are cumulative and not exclusive. Sabdivision S. Posfi-Construction Stormwater Mana�ement A. The follawin�t�rojects must include a site�I.an with post-construction stormwat�r rnana�ement„_BMPs,,,xhat_meet,_the...rec�uirements of this section and are designed constructed and maintained in accordance with the NPDES Construction Starmwater Permit; 1. New devel�m�ut and r�devclU�ment prajects witl�land disturbance�f�reat�.�r than ar ec�ual ta,one acre,including projects less than one_acre that are,p_art c�f a lar�er camman plan of develapment or sale. ___ 2. Non-residential develo rrxe�t and redevela ment ro'ects cater than one half acre and less than one acre that, at the time of permitting dischar�e stormwater throu h their private systems directly to a surface water withaut being routed th.rau 'h a stormwater mana�ement facilit a� r BMP. B. Rate Control. Post-construction storirrwater runoff rates must be less than existin� rates for all modeled precipitation events. C. Stortnwater volume cantral techniques and practices including, but not limited to, infiltration evapotranspiration reuse/harvesting conservation desi�m�urban forestrv and �reen r�t�fs shall be�iven�reference as design optians�ravided ths�are consistent with Gity zoning„ subdivisi.on and Planned Unit Deveio�rnent reauirements, and sanitaiy sewer inflow and infiltration reduction requirements D. The Minimal Imt�act Desi�n Standards (MTDS�and}7erfc�r«7ance o�, als devtla ��under and�ursuant to Mrnnesota Statutes 2009, Section l 1 S.0'i subdivisian Sc al�n�with the MIDS calculator and ciesis�i sequence flowchart and desi�n criteria in the Minnesota Stormwater Manual is fihe recommended methad for achievin�the past-constructian starmwater mana�ement requzrements described in this section E. Far new develournent prajects there shall be no nef increase from nre-project conditions (on an annual avera�e basis} of: 1. Stormwater c�ischar�e Volume, unless�recluded by the stormwater mana ernent limitafians in 5(;Ci2below. 2. Stormwater dischar�es of Total Suspended Solids (TSS) 3. ,�"itormwater dischar es of Total Phc��horus�I'P� c�ty o�ain$a�� Cftv of Galden Yalley,M1�T WSB Project No,2092-26 P'age ll STORM�%VATER MA►1vAGEMENT OR,DINANCE F. For redevelopment prajects there shall be a net reductian from pre,;project conditians (an an annual avera�,e basis,� 1. Stormwater dischar�e Volume,unless nrecluded by the stormwater management lunitations in S,�G) below. 2. Stormwater dischar�es of TSS 3. Starmwater dischar�_of TP G. Stormwater man�emcnt lirnitations and exceUtians 1.. T.imitation.s � a. In�itratian prohibited. The use af infiltration techniques are�r�hibited when the infiltration struetural starmwater BMP will receive dischar�es, fram ar be constructed in the followin areas: 1. Wher�industrial facilities are not auYhorized to infiltrate industrial starmwater under an NPDESISDS Industrial Stormwater Permit. 2. VVhere_vehicle fuell�and,maintenance,.occur. 3. V�here Iess than three(3) feet of s�aration from the bottom of the infiltration system to the elevatian ofthe seasanallv saturatud sails or the top of bedrock exists. 4. Where high levels �af cc�ntaminants in scri.l or�rounc�water will be mobilized b,y infiltratin�startnwater. S. Within twenty five(2S) feet of a sanitar,�sewer pi�e due to the possibility of infow and infiltration af clear water into the saaiita,tx svstem b. Infiltration restricted. The use of infiltration techni�ues will be �restri�ted when the infiltration device will be constructed in areas: 1. With predaminatelY H d�ologic Sail Group D (clay) soils 2. Within 1,000 fcet up-gradient,ar 100 feet down-g,radient of active karst features 3. Within a Drinkin�Water Supplv Mana�ement Area�DWSMA�as defined in Minn. R. 4720.51 U0, subn. 13 4. Where soil infiltration rates are more than 8.3 inches er h�ur c__Linear.Pro�ects 1. Linear^projects on sites where infiltration is not prahibited ar restricted that create one acre or eater af new irnpervi�us surfaces, shall meet the requirements of Subdivision S�E) far the increase in im ervi�us surface. 2. Linear proiects an sites where in�ltration is,�rrvhibited ar restricted that create one acre o__r,greater of fully reconstructed surface,�,shall. ineet the re�uirements of Subdivision S F above for the irnpervious surface. 3. IvIi11 and averlay and other resurfacin�activities are not considered fully rec.:anstructed. 4. A reasonable atter�pt rnust be made to obtain ri�ht-of-way during the project planning rocess far volume contral ractices. For linear praiects where the lack of right-of-way�recludes the City Ordlnancec City of Golden Valley,MN WSB!'roject No.Z092-Z6 Page 12 STORMVVATER MANAGEMENT ORDINANCE installation of,volume control..�ractices tc�mc:et 1 c�r 2 above excexrtians as described in S(G)� belaw can�e appliE;d. 2. Exc�tians. A lesser volwne cantrol standard nn fhe site ofthe ori�inal cpnstructian activitv mav be applied, at the discretion of the citv�under,the folJowin�circumstances: a._,,,,.,The.perrnittee or owner ofthe construction site is precluded from infiltratin�stormwater due to lirnitations under Subdivision 5(F)1 a,b, ar c above, and b. The permittee or owner of the construction site implemertts volume reduction techniques, other than infiltratian, on the site of the original canstruction.activity that reduce stormwater dischar�;e valurne but may not meet the requirements of post-eanstructian stormwater rnanagement. H. Miti,�at�'on. There may be circumstances where the pertnittee or own�r of a construction site cannot cost ef�ectivelyrneet the conditians for post-constructian stormwxter mana�eement for TSS andlor TP on the site af the ori�inal construction activit,�For this pur�ase�t_h�_Ci�,or,�ermittee/awner shall ident?.f-^y loc�ti.crns where.miti ag tian projects can be cam_,.Y--rlet,ed.__,Any St�rmwater dischar�of TSS and%or TP not addressed on the site of the ori�inal cons�i-uction activ�ty must be addressed throu�h mitigation and, at a minimum slrall e.nsure the followin re uirements are met: l. Miti atian ro'ect areas are selected in the followin order of reference with consultation and a�praval af the City; a. Locations that vield benefits to the same receiving water that receives runoff frarn the ori�inal construction activit� b�Locatians within the same Department of Natural Resource(DNR} catchm.ent area as the ori 'ginal constructian activitv c. Location.s in the next adjacent DNR catchrnent area up-stream d. L,c>catians anywhere within the City 2. Miti�ation projects rnust involve the creation of new st�ructural stormwater BMPs or the_retrofit of existin�siructural stormwater BMPs,or the use of a properlX designed reg,ional structural stormwater BMP. 3. Routine maintenance af structural stormwatex BMPs already rec�uired hy ch:is section caru�ot bc used to meet the miti ation reauirements. 4. Miti�atian projects shall be campleted vvithin 24 months after the start of the ori inal construetian activit . S. The Cit shall determine and document wha is res onsible for lon -term maintenaric�an a11 mitigatian prolects. 6. If the Citv receives,�ayment from the awner andlar.permittee far rnitigation. purposes in lieu af the owner or pezmittee meeting the cc�nditio.ns for�ost- construc,�tion starmwater mana ernent the Ci shall a 1 an such a ent received to a ublic storrnwater ro'ect and all ro`ects must be in com liance with �his sectio�l. Subdivisian 6�. General Perfarmance Standards . . �--t�,�e� , , C3ty Ordinances City of Golden Valley,MN WSB Praject No.2092-26 Page 13 STpRMWATER MANAGEMENT i�RDINANCE , , , , v� > > vr • A. Freeboard. The elevarion separation of buildin s with respect to lakes streams „ponds basins, Wctlands, and Stormwater Manageax�ent Faeilities shall conform to the followin� _I� All new and�existin�siructures and uses located in the Floodblain are subject to Sectic�n 11.60 of t1�e Citv Code. 2. For structures and uses located outside the Flaod,plain,the fr�llowin�shatl applv: a._The lowest flaor elevation of a11 new principa] and accessory structures and additions to existing structures shall be at least two �,2� feet above the Calculated Hi�h Water Level of adjacent VtTetlands basins ,�onds and Stormwater M�ement Facilities or be structurally flood proofed in acc;ordance with Section 11.60 of the Ci�Code. Calculated High Water Levels shall be determined by the Citv based on the relevant federal�state, BCWNIC, and City studies. 8. Setbacks,New principal structures shall be setback twenty-five{25) feet from the fallowing features: l. A delineated Wetland edge. 2. T'he tap of bank af a pond, filtration basin,ar infiltration basin, as deteimined bv the Administrator,unless such a feature is incarporated into the architectural design of the buildin�and the construction plans are prepared and si�ned bv a si�uctural en�ineer. C. Buffers. 1, Native ar Natural Vegetatian Buffers must be established nr preserved in accordance with this sectiGn anci the requirernents af the BCWMC. �:----'F�-Esr�atien-�f--�tt€' � � . . '"J 7 . . . . � • 7 1�11i11�.v1S1i:TS1G L 1K3A• . �f . �.. f7 . . . . 3. The buffers zone widths are as follaws: a. Streams. Ten(1 p) feet or twentv five(25)percent of the distance between the ardinarv hi�li water level and the nearest existin�structure whichever is less b. Wettands.Based on a MnIZ.AM classification or sirt�ilar classification svstern buffer widths will be as fallows (rneasured frcrm the delineated wetland ed��,:_ i. Preserve— 75 feet aver��e and rninimum of SO feet ii. Mana�e 1 —50 feet avera�e and minirnum of 30 feet iii. Mana�e 2 or 3 —2S feet average and a rninimurxi af 1 S feefi MML1 c. Lakes. Minimum c�f ten (10 feet in width measured firom the OHWL. d. Storznwater Mana�ement Facilities. $uffers shall extend frUm the nc>rmal water level or bottom_of a drv basin, up ta the top af ban.k of the Stormwater Clty t7rdinances City ot'Golden VaAey,MN WSB Project No.2092-26 p��q STC}RMWATER MAIVAGEMENT C3RDIN.ANCE � Mana}�ement Facilitv, as determined by the Admi:n�stratar, and sha11 be a minimum af ten�10�feet in width. 4. The following stanclards sha11 guide the creation or resto�ration of buffers to achieve the goats and policies of the City's Surface Water Management Plan. The Adrninistrator may modify or waive standards depending an each project Site and goals far the water badv�e��. a. ��:-The use ofa meandering buffer strip ta maintain a natural appearance is encauragecl in areas of flat topography. b. An access corridor, not to exceed twenty(20) feet in width ar twenty percent (20%)of the buffer edge, whichever is less, is permitted. c. Accessary shuctures intended ta provide access to Wetlands such as stairways and docks are permitted in the access corridor. � d. The City ma�require that the buff`er��-be placed in a conservatian eas�,�nent. e. Monuxnents identifying the conservatian eas�ment,designed in accardance with City standards, should be placed every one handred(100) feet to delineate the buffer edge and at intersectians with property lines. �: Buff'er stxip vegetatian shauld be appropriate to the goals for the water body. Where acceptable natural vegetation exists in buffer strip areas,the retention ofsuoh vegetation in an undisturbed state is preferred. 'T`"a"'�:��*� D�`^'n « �ive�"—�-e�' . D. Maintenance af Private Stormwater Management Facil'rties. l. l�io private Stormwater Management Facilities nnay be approved unless a maintenance plan is provided and is consistent with City's Standards andJar � BCWMC and MCWL7 standards. All such facilities shall be inspected annually or more ofien, with reparts submitted to the City, and maintaineci in praper canditian consistent with the perfarmance standards for vvhich they were arig7nally designed. 2. t�wners of private Stormwater Management Facilities shall enter inta an � agreement with the City describ�ng responsibility for the Iong-term inspectian, operation, �xd maintenance c�f the facilities. , Sabdivision 76. Stormwater and iJrban Ranaff pollut�on Control A. I11ega1 T�isposal. 1. Discarded Materials. No person shall throw, deposit,place, ieave,maintain, or keep or permit to be thrown,placed, left, mainfiained ar kept, any refuse, rubbish, garbage, or any other discarded ar abandaned objects, articles,or accumulations, in or upan any street, all�y, sidewalk, storm drain, inlet, catch basin conduit or drainage stn�eture, basxness place, or upo.n any public or private plot of land in the City, sa that the saxne might be or beaame a pollutant, except in containers, recyclin�bags, or other lawfully established waste disposal facility. City Ordinances City of Golden Valley,MN W3B Pro,�ect Na 2092-26 Page 1S STQRIVIWATER MANAGEMENT URDINANCE 2. Landscape Debris. Na person shall dispose of leaves,dirt, or ather landscape debris into a street,road, a11ey, catch basin, culvert, curb, gutter,inlet, ditch, natural watercaurse, flood control channel, canal, starm drain or any fabr'rcated natural canveyance, B. I11ega1 Discharges and Illicit Connections. 1. Na person shall cause any illegal discharge to enter the rnunicipal Stormwater system unless such discharge cansists of nan-Stormwater that is authorized by an NPDES paint source Permit abtained from the MPCA or is associated with firefighting activities. 2. The cammencement,conduct or cantinuance af any ille�al dischar�e to the storm drain system is prahibited except as described as follaws• a. The followin�dischar�es are exempt from discharge prohibirinns established by this ordinance. water line flushin�Llandscape irrigation1diverted stream flows,risin��round water infiltration,,uncontaminatecl pumped ound water sum um dischar e dischar es from atable water saurces, foundation drains, aar canditionin�condensation, irrigatian water, sprin�s water from crawl space�rum�s foatin drains Iat�n watering indiv'rdual residential car washin�, flows from riparian habitats and wetlands dechlorinated swimmin,g pool dischar�es, and street wash water. b. Dischar es ar flow fram firefi„ghtin�. c. Dischar es assaciated with d e testin�; however this activi re uires a verbal notificatian to the CitX's Public Works Department prior to the time of the test. d. The prohibitian shall nat apply to any non-stormwater discharge permitted under an NPDES permit, waiver or waste dischar e order issued to the dischax�nd ac�ministered under the authari�of the United States Eavironmental Protection A�ay(EP'A) pravided that the disehargez is in full compliance with all re uirements of the permit waiver or order and other a�plicable laws and re�ulations and provided that written ap�raval has been �ranted for any dischar�e to the storm drain svstem. 3. No person shall use an Illicit Connection tca intentionally canvey nt�n-Stormwat�r to the City Starmwater syst�n. C. Good Housekeeping Provisions. Any Owner or occupant of property within the City sha11 comply with the following good housekeeping requirements: 1. Chem.ical or Sept�c Waste. No person shall leave, depasit,discharge,dump,or otherwise expose any chcmical ar septic waste in an area where discharge to st�eets or storm drain systems may accur. This sectian shall apply ta both actual and patential discharges. For swimming pools,the chlarinatian systetn should be City Clydinances City of Coiden Valley,MN WS.B Praject No.2092-26 Page Id STURMWATER MANAGEMENT ORDINANCE suspendecl for seven ('7)days to allaw for chlarine to evaporate befor�c�ischarge to the Owner's praperty or into the storm sewer system. 2, Rwnof�Minimized. Runaff of water from residential property sha11 be minimized to the rnaximum extent practicable. Runaff of water fram the washing down af paved areas in comrnercial ar industrial property is prohibited unless necessary for health or safety purpases and not in violation of any other provision of the City's Code. 3. Starage af Materials,Machinery, and Equipment. Materials or equipment sha11 be stared to limit risk of contamination by runaff. a. Objects, such as motor vehicle parts, aontaining grease, oil or ather ha.zardaus substances, and unsealed receptacles containing hazardous materials, shall not be stared in areas susceptible to runoff. b. Any machinery or equipment which is to be repaired or maintained in axeas susceptible to runoff shall be placed in.a canfined area to contain leaks, spills, ar discharges. �4. V�atercaurse Pratectian Everv person owningproperty throu�h which a watercourse passes or such person's lessee shall keep and maintain that�part af the watercourse within the nropertv free of ri�ash debris and other abstacles that would pollute,contanninate, or significantlY retard the flow of water throu�h the watercourse. in addition,the owner ar lessee shall maintain existin�privately owned structures within or adtacent ta a watercourse sa that such structures will nat become a hazard ta use, function, or nhvsical inte�rity af the watercourse D. Remc�val of Debris and Residue. 1. All motar vehiels parking lots located in areas susceptible to runof#'shall be kept clean afdebris and residues. Such debris and residue shall be callected and dispasec�of in accc�rdance with law. 2. Fuel and ohemical residue or ather types of potentially harmful material, sucla as animal waste, garbage or batteries, which are located in an area susaeptible ta runoff, shall be removed as soon as possible and disposed of prap�erly. Hausehald hazardous waste may be disposed of thraugh the Cou.nty collection prograrn ar at any other appropriate disposal Site and shall not be place�l in a trash container. � E. Noti�ication of Spills or Leaks. 1. Notwithstandin�;other requirements of law1as soon as any�erson responsible for a facility or operation ar responsible for emergencv response far a facilitv or aperatian has inforrnation of any known or suspected release afmaterials which are resultin or may result in ille$al dischar e� s ar pollutants dischar��into stormwater,the stormwater mana�ement svstem or surface waters, said person shall take all necess�rv steps to ensure the discoverv, containment and cleanup of such release. In the event of such a release of hazardous materials said persan City Ordinances City of Golden VaUey,MN WSB Project No.2042-2b Page t7 �To�wA�rE�MANA�E��rrT a�INA�vcE shall irnmediately natify emer�cy res�onse agencies of the occurrence via emersencv disnatch services. This sha11 include imnaediate natification of the Minnesota Deparhnent of Safet�uty Officer, if the source of the ille�al dischar�e is,a spill of Ieak as defined in Minn. Stat. 115.061.�.z�-�e-e�e�-a�a . If the dischar�e af prohibited materials emanates fram a cornmerciai or industrial establishment.the owner or operator af such establishment shall alsa retain an an- site written record of the discharge and the actzons taken to prevent its reczirrence. Such reeards sha11 be retained for at least two�2) vears. F. Compliance Monitorin,�. 1. Ri t of F,ntrv. Citv inspectors and re�,ilators sha11 be permitted to enter and insp,ect facilities subject to re�ulation under this ordinance as often as mav be necessary ta determine compliance with this ordinance. a. If a dischar�has security measures in farce whieh rec�uire pro,�er identificatian and clearance before entrv into its prermises, the discharger shall make the necessar�arrangements to a11ow access to re�resentatives of the City af Golden Vall�. b. Facilit�perators shall allow appraved City em_p1oY,ees readv access to a11 parts of the prernises for the purposes of inspection, sampling, examination and cop �y_'nQ of records that must be lcept under the conditions of an NFDES � permit to dischar e� stormwater,_and the perfprmance oF an�additional dutie� as defined by sta.te and federal law. c. The Citv sha11 have the right to set up on any�ermitted facility such devices as are necessarv to conduct manitoring and/or sampling af the facilitx,s stormwater dischar�e. d. The City has the ri t to require the dischar��r to install monitoring equipment as necessarv. T'he facilitv's samplin�?and rnonitorin�equipnnent shall be maintained at all times in a safe and proper operatin�_condition by the dischar�er at its own exuense. All devices used to measure stormwater flaw and qualitv sha11 be calibr�ted to ensure their accuracv. T ^ e. An tern ora nr ermanent obshuction to safe and eas_y_access to the facilitv to be inspected antUor sarnm�led shall be promptiv removed b,�the o�xerator at the written or oral request of the Citv ernployees and shall nat be replaced The costs of clearin�such acaess sha11 be borne by the operator. f. Unreasonable delavs in allowin$City em_ployees access to a nermitted facilitv is a violatian of a stormwater discharggn�rmit and of tlus ardinance A person who is the operator of a faeilitv with an NPDES permit to discharQe stormwater associated with industrial activiiy commits an offense if the�erson City Ardinance� City of Calc{en Valley,MN WSB Project Na.2092-26 page 1g STC)R:M'VVATER MANAC�EMENT O�DINANCE denies the Cit�y reasonable access to th�ermitted facili for the p�ose af conductin�any activity autharized or reg.uired bXthis ordinanoe. 2. Search VVarrants. If Citv emplayees have been refused access to anv nart of the precaa.ises from which stormwater is discharged, and he/she is able to dexnonsfirate probable cause to believe that there may be a violation of this ordinance or that there is a need to inspect andlar sample as part of a routine ins,Q,ection and samplin�pro�ram designed to verif�pliance with this ardinance or any order issued hereunder,ar to nrotect the overall public health,safety,and welfare of the communitv, then the City may seelr issuance af a searck warrant fi-om anv court of competent iurisdiction. G. Violations Enforcement and Penalties. i. Vialations. It sha11 be unlawful far anv nerson to violate anv provisic►n or fail to Icomply with any of the regnirements of this sectione�ir��ee. Anv p�san who has violated or continues ta violate the rovisians af this ardinanca ma be sub�ect ta the enforcement actions autlined in this section or may be restrained bv injunction nr otherwise abated in a rnanner��,rovided by law. In the event the violation constitutes an irnrneciiate dan�ta g,ublic health ar public saf'et�the Citv is suthorized to enter ut�an the subject private property without givin�nriar notice,ta take anv and all measures necessary to abate the violation and/or restore � the_property. The Citv is authonized to seek costs afthe abatement as autlined in �hapter 1 af tb.e Gity Co�e. 2. Warning�Natice. When the City finds that anypersan has violated,or continues to vi�late any pravision of this ardinance,or any arder issued hereunder,the City of Golden Vallev mav serve upan that person a written Warnin�Notice specifying the particnlar violation believed to have occurred and requestin,�the dischargyer tO immediately investigate the matter and to seek a resalurion whereb}r an� offendin di� schar�e will cease. Investi�ation and/or resalution of the matter in re�nse to the Warnirn�Notice in no way relieves the a1le�ed_violator af liabilitv fc�r any violations oocurrin�before or after receipt af the VVarnin�Notice No#hin� this subsection shall limit the authority of Cit�emplo�s to take any actian,includin�em�gency action or�ather enfarcement action without first issuin�a Warning Notice. 3. Natice of Violation. Whenever t.he City of Golden Valley finds that a person has Iviolated a nrohibition or failed to meet a requirement of this sectione�� the Citv mav order eompliance by written natice of violation to the responsible ep rson. � The Norice of Violatian shall contain: a. The name and address of the alle�:ed violator; C;Ity Ord3naaces City af Golden Valley,MN WSB Project No.209Z-26 p$g�19 STURMWATER MANAGEI"V�.ENT QRDINANCE b. The address when available or a description of the building, structure or land upon which ihe violation is occurring, or has accurred: c. A statement s ecif ' the nature of the violatian• d. A description of the rernedial mcasures necessarv to restore com_pliance with this ordinance and a tirne schedule for the completion of such remedial action; e. A statement of the penalty or penalties that sha11 or mav be assessed a�ainst the person to whom the natice of violation is directed; f. A statement that the deterrnination of violation rnay be ap,pealed to the Citv bv filin�a written notice of auneal withi.n five(5� d�ys of service of notice of viplation; and g. A statemez�t specif�ng�that, should the violator fail ta restare com�liance within the established tirne schedule, the work will be done b,,,�designated �overnmental ar�ency or a contractar and the exnense thereof sha11 be char�ed to the violator. Such notice rnay require without limitation: a. The perforrnance of monitorin�yses, and re,porting;, b, The elimination of illicit coxuzections or dischar�es; c. That violatin�dischar,�es,practices�or aQ,eratians shall cease and desist; d. The abatement or rernediation af storrn water pallution or cantamination hazards and the restaration of anv affected property e. P_ a�ent of a fine to cav�r adrninistrative and rernediation costs� and h. The implcmentatian of source control or treatment BMPs. 4. Civil Penalties. In the event of alle�ed violator fails to take the remedial rneasures set forth in the notice of violation or otherwise fails ta cure the violations described therein within five S da s or such eater eriod as the Ci shall deem appropriate,the Cit�may impase a penaltv not to exceed $1000.00 �dependin�an the severity of the vialation} for each day the violation rernains unremedied�fter receipt af the notice of violatian. H. Appeal of Notice of Violarion. If the violatian has not been corrected pursuant to the requirements set forth in the Natice of Vialation,or,in the event of an ap,peal,within five(5)days of the decision of the municipal authanity upholdingthe decision of the Citv then representatives of the Citv af Golden Valley sha11 enter u,pon the subject private property and are authorized to talce any.and a11 measures necessary ta abate the violation and/or restore the propertv. It sha11 be unlawful for anv nerson owner a�ent or person in possession of any nrernises to refuse to allaw the �overnment a�encv or desi�nated contractar to enter upon the,prernises for the_purposes set forth abave. I. Cost of Abaternent of the Vialation. Within five�5)da�s after abateznent of the vialation, the owner af the praperty will be notified of the cost of abaternent City Qrdtnances City of Gulden Valley,MN WSB Project No.2092-26 Page 20 STC)RNIVVATER MAI�TAGEMENT ORDINANCE includin�administrative costs. The Uropertv awner may file a wrritten pratest ob'tectin�to the amount of the assessment within five(S�ys. If the amount due is not paid within a timely manner as deterrnined bv the decision of the munici�al authoritv ar bv the ex�iration of the rirne in which to file an appeal,the chargas shall became a special assessment a�nst the progert�and sha11 constitute a lien on the ra ert for the arnount af the assessrnent. J. Violatians_Deemed a Public_Nuisance.,,In addition ta the enforcernent processes and penaltie�rovided, an�canditian caused or penmitted ta exist in vialation of an,.y of the provisions of thzs ardinance is a threat to publio health, safetv, and welfate, and is cleclared and deemed a nuisance, and ma�e summaril�_ed or restored at the violator"s expense, and/or a civil action to abate, enjoint or otberwise compel the cessation of such nuisance may be tak�n. Subdivision 8. Responsibility far Stormwater Drainage an Private Property A. Responsibility.Property Owners are respansible far Stormwater drainage an private praperty. The City assurnes responsibility for drainage when Stormwater runoff enters the City's right-of-way ar storrn sewer system. B. Technicat Assistance. Upon written request,the Gity rnay provide technical assistance to investigate or correct a drainage problern on private property. C. Petirian. 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 carrecting drainage prablems on private prapert,y including City staff time, cansultant costs, legal fees, and design and construction costs. Assessrnent. Prajeet costs will be assessed to each property eontributing flow ta the problem area in accordance with Minn. Statute 429 and pursuant to the City's Assessrnent policy. City Ordinances City of Golden Valley,MN WSB P'roJect Na 2092-26 Page 22 ��tynf Q2t.��Yl MEMORANDUM � V�, e� Police Department 763-593•8079/763-593-8098(fax) '. ::� ��::. . .�,�:<�..� ... ..".�,, ��. ��s� .. z� :�.'.,..��",��. ...., �:��;: ....a�,�� ,.. 4=` �� '��,��..,,.s� ��' . , r�.: Executive Summary Golden Valley Council/Manager Meeting February 10, 2015 Agenda Item 6. Proposed City Code Amendments -Section 6.34 Tobacco, and Section 10.67 Smoke Free - E-cigarettes Provisions Prepared By Stacy Carlson, Chief of Police Summary In 2014 the Minnesota State Legislature amended Minnesota Statute Chapter 144, the Clean Indoor Air Act,to define "e-cigarettes" and ban their use from certain state-owned facilities. E-cigarettes are not specifically defined in the City Code, nor are they specifically included in the prohibited use or sale in these sections. Staff is requesting the Council determine whether to amend Section 6.34 Tobacco and Section 10.67 Smoke Free Environment to prohibit sale of e-cigarettes and use of e-cigarettes in public places and places of work. Attachments • Minnesota Clean Indoor Air Act (6 pages) • Underlined/overscored version, City Code Section 6.34 Tobacco (9 pages) • Underlined/overscored version, City Code Section 10.67 Smoke Free Environment (4 pages) CLEAN INDOOR AIR ACT 144.411 CITATION. Sections 144.41 1 to 14�.417 may be citcd as the Minnesota C'lean I��door Air �ct. 144.412 PUBLIC POLICY. Thc purpose ofi se�ctiorYs 144.411 to 144.417 is to protect employees and the �eneral pukalic frorn thc haz��rds of secundhand smoke by climinating srriok�ing in public �places, places of e�nployment, public transportation, and at public meetings. 144.413 DEFINITIONS. Subdivision 1.Scope. As used in sections 1�4.�1 1 to 14�1.416, the terms de�ned in t�his section have the meanings given then7. Subd. 1 a.Indoor area. "Indoor area" means all space betw•een a floor and a ceiling that is bounded by walls, doorways, or windows, whether��pc;n or closed, covering more than 50 percent of the combined sui�-face ai•e�of the vertical planes constituting the perrmeter of the area. A wall ir�clud�s any r�;tr�ctable divider, garag� do��r, ��r otN�cr p��ysical barrier, whether tempocary or permanent, A 0.01 1 gauge �vindow scre�n with an 18 bv 16 mesh count is not a wall. Subd. 1 b.Place of employment. "Place o�f employrnent"' means any indoor area at which twc� or mc7re individuals � perl�orm any type ofia s�rvice fi�r eonsideration of�paytnent under�ny t��pe of contractual relationship, including, but not limited t�, an employrnent r�lationsl�ip witl� or for a pr�ivate corporation, partrlership, individual, or gover��ment agency. F'lace c�f'empl�yment includes ar�y indoor area whe�re two or more individuals gra.tuitously perform services for whict� individua(s are ordinarily paid. A place ��f employtnet7t includes, buf is not lin7ited to, public conveyances, factories, warehouses, oftices, retail stares, restaurants, bars, banquet facilities, theaters, �i�ood sto�•es, banks, f�inancial inst�itutions, employee ca�feterias, lounges, auditoriums, gymnasiums, restrooms, �levators, hallways, museums, libraries, bowlin� establishments, � employee �nedical i'acilities, and roc��ns or areas containing photocopyin� e�quipment c�r c�iher �ffic�e �c�uiprnent used in comrnon. Vel�icles used in whole<�r il� part for worlc purpos�s are places c�f'�mployment duri�� hours o�('operation if more than o►�e pecson is pres�,nt. An area ii� ��hich wark is performed in a private resid�nce is a placc of"em�ployment during hours of operation if': (l) the homeowner uses the �rca �xclusivcly and re�;ularly as a principal place of business and has one or more on-site employees; oc (2} the homeawner uses the area exclusively and regular(y as a place to meet or deal with patients, clients, ar customers in th� not•r�1al coursc ofthe homeawner's trade or bLIS111�S5. Subd. 2.Public place. "Public place" me4tns any enclosed, indaor area used by thc �eneral pub(ic. includin�;, but not limited to, restaurants; bars; ��ny �ther food c�r liquor establishrnent; retai( stores and oth�,r comrncre�ial establishrT7ents; educatioriai faciliti�s oth�r t��an public schools, as detined � in section 120A.05 subdivisions 9 1 1 and 13; h��spitals; nursin� hom�s; audit�riums; arenas: rneeting rooms; and cc�mmon areas ofi�rental apartment buildings. Subd. 3.Public meeting. "Public meeting" includes all meetings open to the public pursuant tc� section 1�D.O l. Subd. 4,Smoking. "Smoking" �neans inhaling or exl�alit�� smake #-rom any lighted ci�ar, cigarette, pipe, or any ��t}icr lig�hted tol�acco or plant product. Srr�okin� also inal�ades car�ying a lighted cigar, ci�arctte, pi�pe, or any oth�r lighted tobacco ai•plant product intendec� f�ar ilil�alation. Subd. S.Public transportation. "Public transpoi�ation" ir�eans public mcans of transp��rtation, including light and commuter rail transit; buses; �nelosed L�us and transit stops; taxis, vans, limo�isines, anc� oth�►• for-I��ire vehicles ather than those bein��o��erated by the lessee; and ticketing, boardin�, and waiting <areas in public transportation terminafs. 144.414 PROHIBITIONS. Subdivision 1.Public places, places of employment, public transportation, and public meetings. Simoking shall not be permitted in and no person shall smoke in a public place, at a pu�lic mceting, in a place �f e;mploymcnt. <�r in public transportatiorl, except as pr<�vic�ed in this sectian or scction 1��.41 E7. Subd. 2.Day care premises. � Smoking is prohibited in a day care center licer�sed u��der Min��esota Kules, parts 95Q;.00O5 to �)503.0175, or in a farnily home or in a �rt�oup farnily r(ay car� pr��vider homc licenscd u��dc�r Mi�mesota Rules, pa�rts 9502.0300 to 9502.0445, during its hours of op�ratiorl. 'The proprietor of a family home or group family day care �r��vider must disclose to parents ar guardians af children cared for on the premiscs if the proprietor permits smoking outside of�its houx•s of operation. Disclosure must include posting on the premises a con5picuous writt�n noticc and orally infoi-rning parents or guardians. (b) �or purposes of this subdivisian, the definition of smaking includes the use of electronic cigarettes, including th� inhaling and exhalin�;of vapor �Prom any electronic tielivcr•y devicr; as defiined in section 609.&85, subdiv�ision 1. Subd. 3.Health care facilities and clinics. (a) Smokir�g is prollibited in a�ly area o�f'a hospital, I�ealt}7 care clinic, doctcar's office, lictnscd r�sidential fiacility far childr�;n, o►•othcr healtl� car�-related facilify, cxc�pt that a paCient or r�sident in a nursing� home, boardin� care f<r.eility, or licens�d residential f�acility tbr adults may smoke in a desi�;nated separate, enclosed room maintained in accordance with applicable state and federal laws. (b) Exc�;pt as provided in section 246.0141, s�r�oki�ng by patients in a locked psychiatric unit may be allowed in a separated well-ventilated a�•ea in the unit ut7der a policy est�hlished by the administrator ofthe program that allows the treating physician to approve smokin� if. in the opini«n of'the treaiing physician, the benefits to be gained in abtaining patient coaperation with treatment outwei;h the ne�ative impacts of sinokin�;. (c) �'or pur�oses of this subc�ivision, the de�tinition of smokin� incluc�es the use c>f electronic ci�,arettes, irleludin�; the inhaling and exh��lir�g �f vapt�i� frc�rn ar�y el�ctronie delivery device as de�lined in sectiion 609.685, subdivision 1. Subd. 4.Public transportation vehicles. Srnokin� is prohibited in public trar�spartation vehicles except that the driver•of a public transportation v�hicle may smoke when the vehicle is being used f�c�r pe7°sonal use. For purposes uf this subdivision, "�pErsonal use" m�ans that the public trans�portati�n vehicle is being used by the driver far private p�arposes and no for-hire passengers are present. If a driver smokes under this subdivision, the driver must p��st a conspicuous sibn inside the v�hicle to i��f�irm p�issengers. Subd. 5. Electronic cigarettes. (a) '�I�he use of electronic ci�;arettes, including the i►�halinb c�r exhali��b of vapo�-frc�m any electronic delivery device, as definEd in section 609.685, subdivisian 1, is prohibitcd in the followin� locations: � (l) any building ownec� or operated by the state, hon�le rule chai�•teY� oz�statiutory city, � � county�, tow��ship, sehool district, or othcr political subdivision; (2) any 1-acility c�wned by Minnesota State Colleges and lJniversities and the Univer•sity of'�Minnesot�; (3) any facility licensed by the commissioner of human servic�s; or (4) any f�acility lic�nsed by the commissioner of'health, but only i�fthe facility is also subject to f��deral licensing rec�uirements. (bj Nothing in this subdivisit�r� shall pr�ahibit political subdivisions or business�s frorn adapting more stringent prc�hibitions on the use o�felectronie cigarettes or electronic delivery dEvices. 144.415 [Repealed, 2QC�7 c 82 s 15� 144.416 RF.SPONSIBILITIES OF PROPRIETORS. � (a) The prc�prietor o►•other person, �f��irm, limited liability company, corporation, or othei• entity that owns, leases, managcs, operates, or otherwise controls the use of a public place, public transportatian, place o�f employmeni, or public meetin� shall make reasonable eff�orts ta prevent smoking in the public place, public transportatian, place of employment, or public meetin� by: � (1) postii�g appr�apriate signs or by any othcr means which may be appropriate; and (2) asking �ny p�rson wtio srn��kes in an arca where smoking is �rohibited to refrain from sn��oking and, i�f the person c�o�s not re�frain �fr•om smoking after bein� asked to do s��. askin�;�the ��erson to Icave. If the pe►•son refus�s to leave, thc proprictor, person, or entity in charge st�all handle the situatic�n consistent with lawful methods �fo1• han�llin� oth�r F�ersons acting in a disorde�-ly manner or as a trespasse,r. (b) The proprietor or othe��perso�� or entity ii� charge of'a public place, public zneeting, public transportation, or place of employment must not provid� smol<ing� equipment, including ashtrays or matches, in areas �vhere smoking is prahibited. Nothing in this section � prohibits the proprictor o��other pe;rson or entity in char�e from taking tnore stringe►�t measures than those under sections 144.414 to 144.417 to protect individu�als from secondhand smoke. The proprietor or other person or entity in charge af a i•estaurant or bar rnay not serve an individual who is in violation of'sections 144.411 to 144.417. 144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS. No person sha(1 at any ti�ne smoke, chew, or otl�e��ise in�est tobacco or a t�obacc« produet�o�• inhale or exl�ale vaE�or from an e,lectr��nie delivc�ry dcvice as dcfined in scction 609.685, subdivisior� I, in a public schc�ol, as de�fined in sectiorl 120A.0�, subdivisions 9. 1 l, ar�d 1>. �nd no person ur�der tN�e ag� �f 1 S shal I }��ssess any of tt»su items. This prohibition extends tc� �ill �Cacilities, whe�her c�wned, rented, or lea�ed, anci all vehicles that a school district ��>wr��s, leasc;s, rents, cc>ntracts for, or cor�trols. N�thin�; in this s�ctior�� shall prohibit tl�� li�htir�g oftobacco by an adult as a part of'a tradi�tional Indian spiritual or cultural ceremony. For p��rposes c�f this section, an (ndian is a per�on who is a member of an Indian tribe as derned in section 260.755 subdivision I2. 144.4167 PERMITTED SMOKING. Subdivision l.Scientific study participants. � Smoking by partici}�ants in peer reviewed scientitic studics related tt� the health effects of smaking may be allo��ed in a separated raom ventilated at a rate of 60 cubic feet per minute }�er person pursuant to a policy that is approved by the commissioner and is established by th� adrninistrator ofthe program t�� mi��irn�iz��x�osure of nonsn��okErs t�� sn�oke. Subd. 2.Traditional Native American ceremonies. Sections 144.414 to 144.417 do not prohibit smokin� hy a Nativ�, American as part of a traciiti�nal Native �merican spiritu�l or cultural c�rcmony. For �urposes of this section, a Native Americat� is a person whc� is a member af'an Indian tribe as defined in section 2fi0.7S� subdivisi��n 12. Subd. 3.Private places. Fxcept as provided in section 144.414 sul�division u, nothin�; in scctions 144.�1 1 to 144.417 prohibits smoking in: � (1) private homes, private reside��ces, or pr•ivat� automobiles whe�� they a►�e rlot ir7 use as a place of ernployrnent, as defined in s�ctic�n 144.�13, subdivisior� 1 b: or (2) a hotel or �T�otcl sleeping roarn rented to ��ne o►• rnore �;uests. Subd. 4.Tobacco products shop. 5�ctic��s 144.414 to 14�.417 do not prohibit the li�htin�; of tobacca in a tobacao products shop by a customc,r or p�atc►�tial customer tor the specific purpose of sampling tobacco proclucts. For the purposes of'this subdivision, a tc�bacco prod�icts shop is a t•etail establishm�nt with an cntrance doar o�enia�g directly to the outsidE that derives more than 90 percent o�I'its gross revenue �from the sale of�loose tobacco, plant�s, or hei�bs and cigal•s, cigacettes, pipes, and other smaking devicEs for burning�tob�ce� and related sm<�king accessoY•i�s and in which the sale of ot:her proc�ucts is n�lerely iricident��l. "'I"obacco prod�icts shop" does not include a tobacco department or section of any ir7dividual busir�css establishmcnt with any typ� of liquor, �food, or r�staurant license. Subd. S.Heavy commercial vebicles. Sections 1�4.414 to 144.417 do not prohibit sm�kin�,� in tl�e cabs of motor vehicles r�gister�d under s�ction 168.013 subdivision 1 e, tivith a�total gross weight of 26,001 po�mds or gre�ter. Subd. 6.Farm vehicles and construction equipment. Sections 144.414 to 14�.417 do not�prohibit smokinb �in farm trucks, as d�fined in section 168.UO2, subdivision 8; implements af'husbandry, as defined in section 168A.01, subdivision 8; ancl special mobilu equip��ne►�t, as defir�ed in section 16�.(�O2 �ubdivision 31. This subdivision app(rEs to (�arm trucks. itnplements of husbandry. an�1 special mobile equipincnt, when heing� used �f<�r th�ir intcncled purposcs. Subd. 7.Family farms. S�ctions 14�.414 to 1�4.417 do not ��a•c�hibit smokin� in the house, ga►•abe, baz•ns, and other buildings on � fia�T�ily farm that m�et th� fall��vi�� criteeia: (1) the family fiarm is � ang�ged in farming, as defiir7ed in section 500.2�, subdivision 2, paragraph {a); (2) the family fiari�� meets the definitio�� of fainily farm ur�der secticm 500.24, subdivision 2, para�raph (b), (c). (j), or (l); and (3} the �f�amily �f�arm e��nploys two or fewer persons who are no�t family rncmbers. Subd. 8.Disabled veterans rest camp. Sections 144.�14 ta 144.417 do not p►�ohil�it smoking in the disabled veterans rest camp located in Vb'ashington County, established as of.lanuary 1, 2007. Subd. 9.Theatrical productions. Sectians 144.414 to 144.417 do not prohabit smoking by actc�rs and actresses as part o1'a � theatrical �pe►•fo�•maricc conduct�d in complianc� with section 366.01. Notice of sr�lokin� in a per�Corn��anc� shall be given to �theater patrons in advance and shall be included in p4rformancc pro�;rams. 144.417 COMMISSIONER OF HEALTH, ENFORCEMENT, PENALTIES. Subdivision 1.Rules. The state commissioner of health shall adopt ru(es rlecessary and i°easonabie to implement thc prcrvisions of sections 144.41 1 to 144.417. Subd. 2.Violations. (a) nny propi•ietor, person, or crltity �hat owns, l�ases„ mana�es, c�perates, or c�ther��ist; cc�ntrc�ls Ch� use ol'an area in which srnoking is prohibited �inder sections 1�4.414 tc> 1�4.�17, � and that knowin�;ly fails t�� comply witt7 sections 144.�14 t�� 144.�17, is �;Giilty <�>�f a petty ��isdemeanor•. (b) Any person wNYo smokes ii� ar� area where smoking is prohibited or resti��icted under sections 144.414 in 144.417 is guilty of<z petty misde��neatlor. �� (c) A propri�;tur, }�erson, or entity in char�e of a public place, public meetin�, place of employment, or �u�lic transportation must not retaliate or take adverse action against an employee or ar�yone else �vho, in gc�od faith, reports a violation c�f sEetions 14�.414 �t� � 144.417 to the proprietor or person in charge of the public place, public rn�etin�, place of employmErit, or public tl•��r�sportation, �r to the commissioner of health ur ather dcsignte responsible for ent�orcing secti�ans 14�4�414 ta 144.417. (dj �No person or e►��plc�y�r shall discharge, refuse to hire, perlalize, discrimir�ate against, or in any ma�aner retaliate against at7y empl�yee, ap�licant for e�nployment, �r customer because the �m�ployec, applicar�t, or customei•exercises any right to a smoke-�ree envirc�nment provided by sectic�ns 14�.414 to 144.417 or otl�er law, Subd. 3.Injunction. The state cammissianer of health, a board of'health as defir�ed in sectian 14SA.0?� subdivision 2, or any afifected party may institut�. an action in any court with jurisdiction to enjoin repeated violations of sections 144.414 to 144.417. Subd. 4.Loca1 government ordinances. (a) Nothing in scctions 144.�14 to 144.417 prol��ibits a st�tutory or homc rule charter city or county fi�om en��icting and enforcing more stringent measures t� protect individuals fron� sccondh�nd srr7oke. (b) Except as provideti i�� sections 144.41 1 to 144.417, smoking is permitted �7utside of i��estaurants, bars, and bingo halls unless limite;cl or prohibitcd L�y restrictions ad�pted in accordance ��iih paragraph (a). Section 6.34: Tobacco Subdivision 1. Purpose and Intent Because the City recognizes that many persons under the age of eighteen (18) years purchase or otherwise obtain, possess and use tobacco, tobacco products, tobacco-re�ated devices, and nicotine or lobelia delivery devices, and the sales, possession, and use are violations of both state and federal laws; and because studies, which the City hereby accepts and adopts, have shown that most smokers begin smoking before they have reached the age of eighteen (18) years and that those persons who reach the age af eighteen (18) years without having started smoking are significantly less likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this ordinance shall be intended to regulate the sale, possession and use of tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices, and to further the official public policy oF the state in regard to preventing young people from starting to smoke as stated in Minnesota Statutes § 144.391, as it may be amended from time to time. In making these findings, the City Council accepts the conclusions and recommendations of Center for Disease Control in their study ��Selected Cigarette Smokinq Initiation and Quitting Behaviors Among High School Students, United States, 1997," and of the following medical professionals in these medical journals: Khuder SA, et al., "Age at Smoking Onset and its Effect on Smoking Cessation," Addictiv� Behavior 24(5):673-7, September-October 1999; D'Avanzo B, et al., "Age at Starting Smoking and Number of Cigarettes Smoked," Annals of Epidemiology 4(6):455-59, November 1994; Chen, J & Millar, WJ, '�Age of Smoking Initiation: Implications for Quitting," Health Reports 9(4):39-46, Spring 1998; Everett SA, et al., "Initiation of Cigarette Smoking and Subsequent Smoking Behavior Among U.S. High Sc;�ool Students," Preventive Medicine, 29(5):327-33, November 1999, copies of which are adopted by reference. Subdiv@sion 2. Definitions Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose af this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. A. C�mpliance Checks: The system the City uses to investigate and ensure tf-�at those authorized to sell tobacco, tobacco products, tobacco-related dPvices, and nicotine or lobelia delivery devices are foflowing and complying with the requirements of this ordinance. Compliance Checks shall involve the use of minors as authorized by this ordinance. Compliance Checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices for educational, research and training purposes as authorized by state and federal laws. Compliance Checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state or local laws and regulations relating to tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices. B. Individually Packaged: The practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include but not be limited to single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this definition shall not be considered individually packaged. C. Indoor Area: All space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than fifty percent (50%) of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, g�rage door, or other physical barrier, whether temporary or permanent. D. Loosies: The common term used to refer ta a single or individually packaged cigarette or any other tobacco product that has been removed from its packaging and sold individually. The term "loosies" does nat include individual cigars with a retail price, before any sales taxes, of more than two dollars ($2.00) per cigar. E. Minor: Any natural person who has not yet reached the age of eighteen (18) years. F. Moveable Piace of Business: Any form of business operated out of a truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. G. Nicotine or Lobelia Delivery Devices: Any product containing ar delivering n;cotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco as defined in this Section, not including any product that has been appraved or otherwise certified for legal sale by the U,nited States Food and Drug Administration for tobacco use cessation, harm reduction, or for other medical purposes, and is being marketed and sold solely for that approved purpose. H. Retail Establishment: Any place of business where tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices are available for sale ta the general public. The phrase shall include but not be limited to grocery stores, convenience stores, restaurants, and drug stores. I. Sale: Any transfer of goods for money, trade, barter or other consideration. J. Self-Service Merchandising: Open displays of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices in any manner where any person shall have access to the tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device between the customer and the licensee or employee. Self- service sales are interpreted as being any sale where there is not an actual physical exchange of the praduct between the clerk and the customer. K. Smoking: Inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product. Smoking also includes carrying a lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product intended for inhalation. For purposes of this Section, the definition of smoking includes the use of electronic cigarettes, including the inhalina and exhaling of va�or from anX electronic deliv� device as defined in Minnesota State Statute 609.685� Subd. 1. L. Tobacco or Tobacco Products: Tobacco and tobacco products includes cigarettes�e-ciaarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tabaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco excludes any tobacco product that has been approved by the United States Food and Drug Administrafiion for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. M. Tobacco-Related Devices: Tobacco-related devices includes any tobacco product as well as a pipe, e-cigarette� rolling papers, ashtray, or other device intentionally designed or intended to be used in a manner which enables the cnewing, sniffing or smoking of tobacco or tobacco products. N. V�nding Machine: Any mechanical, electric or electronic, or other type of �evice which dispenses tobacco, tobacco products or tobacco-related devices upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product cr tobacco-related device. Subdivision 3. License A. License Required. No person shall sell or offer to sell any tobacco, tobacco products, tobacco-related device, or nicotine or lobelia delivery device without first having obtained a license to do so from the City. B. Application. An application for a license to sell tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the City deems necessary. Upon receipt of a compteted application, the City Clerk shall forward the application to the City Council for action at its next regularly scheduled City Council meeting. If the City Clerk shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. C. Action. The City Council may either approve or deny the license, or it may delay action for a reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council shall approve the license, the City Clerk shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the City Council's decision. D. Term. All licenses issued under this Section shall be valid for one (1) calendar year from the date of issue. E. Revocation or Suspension. Any license issued under this Section may be revoked or suspended as provided in Subdivision 13. F. Trans�Fers. All licenses issued under this Section shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the City Council. G. Moveable Place of Business. No license shall be issued to a moveable p{ace of business. Only fixed location businesses shall be eligible to be licensed under this Section. H. Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise. I. Renewals. The renewal of a license issued under this Section shall be handled in the same manner as the original application. The request for a renewal shall be made at least thirty (30) days but no more than sixty (60) days before the expiration of the current license. J. Issuance as Privilege and Not a Right. The issuance of a license issued under this Section shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. I�. Smoking. Smoking shall not be permitted and no person shall smoke within the indoor area of any establishment with a retail tobacco license. Smoking for the purposes of sampling tobacco and tobacco related products is prohibited. Subdivision 4. Fees No license shall be issued under this Section until the appropriate license fee shall be paid in full. The fee for a license under this Section shall be established by the City Council and adopted by ordinance, and may be amended fram time to time. Subdivision 5. Basis for Denial of License A. Grounds for denying the issuance or renewal of a license under this Section include but are not limited to the following: 1. The applicant is under the age of eighteen (18) years. 2. The applicant has been convicted within the past five (5) years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices. 3. The applicant has had a license to sell tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices revoked within the preceding twelve (12) months of the date of application. 4. The applicant fails to provide any information required on the application, or provides false or misleading information. 5. The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation from holding a license. B. However, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the City must deny the license. C. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this Section. Subdivision 6. Prohibited Sales It shall be a violation of this Section for any person to sell or offer to sell any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device: A. To any person under the age of eighteen (18) years. B. By means of any type of Vending Machine. C. By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device and whereby there is not a physical exchange of the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device between the licensee, or the licensee's employee, and the customer. D. By means of Loosies as defined in Subdivision 2. E. Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. It is not the intention of this provision to ban the sale of lawfully manufactured cigarettes or other tobacco products. F. By any other means, to any other person, on in any other manner or form prohibited by federal, state or other local law, ordinance provision, or other regulation. Subdivision 7. Self-Service Sales It shall be unlawful for a licensee under this Section to allow the sale of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices by any means where by the customer may have access to those items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device between the licensee or his or her clerk and the customer. All tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices at the time this Section is adopted shall comply with this Section within ninety (90) days following the effective date of this Section. Subdivision 8. Responsibility All licensees under this Section shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices on the licensed premises, and the sale of an item by an employee shall be considered a sale by the license holder. Nothing in this Section shall be construed as prohibiting the City from also subjecting the clerk to whatever penalties are appropriate under this Section, state or federal law, or other applicable law or regulation. Subdivision 9. Compliance Checks and Inspections Alt licensed premises shall be open to inspection by the city police or other authorized city official during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of fifteen (15) years but less than eighteen (18) years to enter the licensed premise to attempt to purchase tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices. Minors used for the purpose of compliance checks shall be supervised by city designated law enforcement officers or other designated city personnel. Minors used for compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices when those items are obtained as a part of the compliance cheek, No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a campliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this Section shall prohibit compliance checks authorized by state or federal laws for educational, research, or training purposes, or required for the enforcement of a particular state or federal law. Subdivision 10. Other Illegal Acts Unless otherwise provided, the following acts shall be a violation of this Section; A. Illegal Sales. It shall be a violation of this Section for any person to sell or otherwise provide any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device to any minor. B. Illegal Possession. It shall be a violation of this Section for any minor to have in his or her possession any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device. This paragraph (B) shall not apply to minors lawfutly involved in a compliance check. C. Illegal Use. It shall be a violafiion of this Section for any minor to smoke, chew, sniff or otherwise use any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device D. Illegal Procurement. It shall be a violation of this Section for any minor ta purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device, and it shall be a violation of this Section for any person to purchase or otherwise obtain those items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, tobacco-related device, or nicotine or tobelia delivery device. Tnis paragraph (D) shall not apply to minors lawfully involved in a compliance check. E. Use of False Identification. It shall be a violation of this Section for any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. Subdivision 11. Exceptions and Defenses Nothing in this Section shall prevent the providing of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this Section for a person to have reasonably relied on proof of age as described by state law. Subdiwision 12. Severability If any Section or provision of this ordinance is held invalid, such invalidity shall not affeet other Sections or provisions which can be given force and effect without the invalidated Section or provision. Subdivision 13. Violations and Penalty A. Administrative Civil Penalties: Individuals. If a person who is not a licensee is found to have violated this Section the person shall be charged an administrative penalty as follows: 1. First violation. The Council shal� impose a civil fine not to exceed fifty dollars ($50). 2. Second violation within twelve (12) months. The Council shall impose a civil fine not to exceed one hundred dollars ($100). 3. Third violation within twelve (12) months. The Council shall impose a civil fine not to exceed one hundred fifty dollars ($150). Source: Ordinance Na. 462, 2nd Series Effective Date: 07-30-11 B. Administrative Civil Penalties: Licensee. If a licensee or an employee of a licensee is found to have violated this Section the licensee shall be charged an administrative penalty as follows: 1. First violation. The Council shall impose a civil fine of five hundred dollars ($500) and suspend the license for not less than five (5) consecutive days. 2. Second violation within twenty-four (24) months. The Council shall impose a civil fine of seven hundred fifty dollars ($750) and suspend the license for not less than fifteen (15) consecutive days. 3. Third violation within twenty-four (24) months. The Council shall impose a civil fine of one thousand-dollars ($1,000) and suspend the license for not less than thirty (30) consecutive days. 4. Fourth violation within twenty-four (24) months. The Council shall revoke the license for at least one (1) year. Source: Ordinance No. 474, 2nd Series Effective Date: 12-16-11 C. Administrative Penalty Procedures. No suspension or penalty may take effect until the licensee or person has received notice (served personally or by mail) ofi the alleged violation and of the opportunity for a hearing before the Council or a person authorized by the City to conduct the hearing. A notice that a violation has occurred must be in writing and must provide that a right to a hearing must be requested within ten (10) business days of receipt of the notice or it shall terminate. D. Misdemeanor Prosecution. Nothing in this Subdivision shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of this ordinance. E. Defense. It is a defense to the charge of selling tobacco or tobacco-related devices to a person under the age of eighteen (18) years, that the licensee or individual, in making the sale, reasonably and in good faith relied upon representation of proof of age described in Minnesota Statutes section 340A,503. F. Exceptions. An Indian may furnish tobacco to an Indian under the age of eighteen (18) years if the tobacco is furnished as part of a traditional Indian spiritual or cultural ceremony. For purposes of this paragraph an Indian is a person who is a member of an Indian tribe as defined in Minnesota Statutes section 260.755, subd. 12. Subdivision 14. Violation a Misdemeanor Every person who violates a section, subdivision, paragraph or provision of this Section, when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor or gross misdemeanor and may also be subject to administrative penalties as otherwise stated in specific provisions hereof. Source: Ordinance No. 46Z, 2nd Series Effective Date: 07-30-11 § 10.67 Section 10.6�: Smoke Free Environment Subdivision 1. Findings and Purpose The inhalation of secondhand tobacco smoke has been documented as hazardous to human health by the American Medical Association, the U.S. Surgeon General, the National Institute on Occupational Safety and Health, the National Cancer Institute, the U.S. Environmental Protection Agency, the National Academy of Sciences, the National Toxicology Program, and the World Health Organization. Therefore, the purpose of this Section is to: A. Protect the public health, safety, and welfare of citizens by increasing the ability af all citizens to breathe safe and uncontaminated air; B. Affirm that the necessity to breathe safe and uncontaminated air takes priority over the desire to smoke; and C. Protect vulnerable populations including employees, chi�dren, the elderly, and those with chronic health conditions. Subdivision 2. Definitions For the purposes of this Section, the following terms are defined as follows: A. Food Establishment: Any establishment, however designated, engaged in the preparation or serving of food for consumption either on or off the premises; or anywhere consumption of food occurs on the premises. B. Liquor Establishment: An establishment that has an On Sale 3.2 percent malt liquor license issued pursuant to Minnesota Statutes Section 340A.403, as amended from time to time, or an On Sale intoxicating liquor license issued pursuant to Minnesota Statues Section 340A.404, as amended from time to time. C. Other Person in Charge: The agent of the Proprietor authorized to perform administrative direction to and general supervision of the activities within a p�ablic place or place of work at any given time. D. P�ace of Work: Any location at which two or more individuals perform any type of a service for consideration of payment under any type of employment relationship, including but not limited to an employment relationship with or for a private corporation, partnership, individual, or government agency. This term includes any location where two or more individuals gratuitously perform service for which individuals are ordinarily paid. Examples of a place of work include, but are not limited to an office, a public conveyance, a factory, a warehouse, or a similar place of work. Golden Valley City Cade Page 1 of 4 � 10.67 E. Proprietor: The party, regardless of whether the party is owner or lessee of the place of work or public place, who ultimately controls, governs, or directs the activities within the place or work or public place. The term does not m.ean the owner of the property unless the owner ultimately controls, gnverns, or directs the activities within the public place. The term "Proprietor" may apply to a corporation as well as an individual. F. Public Place: Any enclosed, indoor area used by the general public or serving as a place of work, including, but not limited to, restaurants, retail stores, offices and other commercial establishments, public conveyances, educational facilities other than public schools, hospitals, nursing homes, auditoriums, arenas, meeting rooms, and common areas of rental apartment buildings. G. Smoking: The inhaling, exhaling, or combustion of any pipe, cigarette, cigar, tobacco product, weed, plant, or any other similar article. Smoking includes possessing or carrying a lighted pipe, cigarette, cigar, or any other lighted smoking equipment. For purposes of this Section�the definition of smoking includes the use of electronic cigarettes, including the inhalinq and exhaling of vapor from any electronic delivery device as defined in Minnesota State Statute 609.685 Subd. 1. Subdivision 3. Smoking Restrictions A. Smoking is prohibited in the following locations: 1. Public places and places of work, including both indoor and outdoor dining areas of liquor and food establishments; 2. Within twenty-five (25) feet of entrances, exits, open windows, and ventilation intakes of public places and places of work; 3. Within twenty-five (25) feet of any outdoor dining area at any liquor or food establishment; and 4. Public parks and recreation facilities. B. Exceptions. The prohibitions of this Section shall not apply to the following: 1. Private residences; 2. Privately rented sleeping rooms in hotels and motels; 3. �ocations where smoking is expressly authorized by State or Federal law or rule; 4. Motor vehicles; and Golden Valley City Code Page 2 of 4 � 10.67 5. The use of tobacco as part of a recognized religious ritual, activity, or ceremony. Subdivision 4. Responsibilities of Proprietors The proprietor or other person in charge of a public place, place of work, liquor establishment, or food establishment shall: A. Post ��No Smoking" signs that comply with the Minnesota Clean Indoor Air Act Rules, Minnesota Rules, part 4620.0500 as amended from time to time; B. Ensure that ashtrays, lighters, and matehbooks are not provided in areas where smoking is prohibited; C. Ask any person who smokes in an area where smoking is prohibited to refrain from smoking and, if the person does not refrain from smoking after being asked to do so, take the appropriate action to remove the person from the premises. Appropriate action shall include calling the Golden Valley Police Department for assistance. D. Failure to comply with this Subdivision shall constitute grounds for revocation of any food, liquor, or other business license held by the establishment. Subdivision 5. Retaliation Prohibited No person or employer shall discharge, refuse to hire, or in any manner retaliate against, any emplQyee, applicant for employment, or customer because the employee, applicant or customer exercises any right to a smoke-free environment afforded by this ordinance or other law. Subdivision 6. Private Prohibitions Nothing in this Section prevents the proprietor or other person in charge of any pface, including, without limitation, any residence, motor vehiele, or outdoor space, from prohibiting smoking in any such place. Subdivision 7. Employees' Rights Preserved An employee who consents to work in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party. Subdivision 8. Other Laws This Section is intended to complement the Minnesota Clean Indoor Air Act, Minnesota Statues, Sections 144.411 to 144.417, as amended from time to time. Nothing in this ordinance authorizes smoking in any location where smoking is prohibited or restricted by other laws. Subdivision 9. Severability If any portion of this Section is held invalid, the remaining provisions shall be considered severable and shall be given effect to the maximum extent possible. Golden Valley City Code Page 3 of 4 § 10.67 Subdivision 10. Effective Date The provisions of this Section shall become effective March 31, 2005. Source: Ordinance No. 310, 2nd Series Effective Date: 3-31-OS Golden Valley City Code Page 4 of 4 �=1.�� t�� ku �: � } � �� : � a ��. �� City Administrat�on/Cauncil 763-593-8003/763-593-8109(fax) .a,a.�� Va ..�\l'liii��ii�i��i��ltiJ.�`N��:i a!I�PiF[di'. �:3"_�a.. >...:.. _,_.�:= :,...r��. -�"�`:�'A�. .. -'F"�..`:._..-�mua.5�i'�'��1i�.4'Y��1��M�M1fj"x�I�Ui ... ...',ai�l� �y}�7P � w ". . .._.v <�bSs�..y-:,ss ... 1PW�e,�l13�.9. NaI1�1��L„,. Executive Summary Golden Valley Council/Manager Meeting February 10, 2015 Agenda Item 7. a. METRO Blue Line Extension Light Rail Community and Business Advisory Committees Prepared By Thomas Burt, City Manager Summary The Metropolitan Council is requesting the Council appoint two members to the Blue Line Extension Community Advisory Committee (CAC) and two members to the Business Advisory Committee (BAC). The CAC and BAC will meet monthly with the purpose to serve as a voice for the community and advise the METRO Blue Line Extension Corridor Management and Hennepin County Community Works Steering Committees. Attachments • Charter of the METRO Blue Line Extension Community advisory Committee (CAC) (2 pages) • Charter of the METRO Blue Line Extension Business Advisory Committee (BAC) (3 pages) Charter of the METRO Blue Line Extension Community Advisory Committee (CAC) DRAFT OVERVIEW The METRO Blue Line Extension (BLRT) Community Advisory Committee (CAC) is established to provide guidance to the BLRT Corridor Management Committee (CMC) on community issues during the engineering and environmental phases of Southwest LRT project development. In addition, the CAC advises the Hennepin County Community Works Steering Committee for elements regarding station area planning, other infrastructure investments and elements that may be implemented post revenue service. Appointments to the CAC will serve commencing early 2015 and concluding December 31, 2016. PURPOSE The purpose of the CAC is to serve as a voice for the community and advise the BLRT Corridor Management and Community Works Steering Committees: 1. Provide input on light rail design and engineering topics including but not limited to station design, parking, multi-modal access to station and pubfic art. 2. Advise on communications and outreach strategies related to BLRT. 3. Provide input on station area vision and character for development from a community perspective. 4. Review and comment on major initiatives and actions of the Community Works program. 5. Identify potential issues and review strategies to mitigate the impacts of construction on residences and businesses. 6. Serve as an information resource and liaison to the greater corridor community and their appointing organization. REPORTING REQUIREMENTS One CAC member will serve as a member of the CMC and provide updates of CAC activities at CMC. Another CAC member will also serve as a member to the Community Works Steering Committee and provide updates on CAC activities. RESPONSIBILITIES Each member of the BLRT CAC agrees to: 1. Attend a majority of CAC meetings and actively participate in discussions by sharing ideas and expertise. 2. Actively participate in discussions; be a voice to advance the broader interests of community. 3. Routinely report back to their organization on the activities and discussions of the CAC as well as serve as a conduit of information to the broader community and to their appointing organization. 4. Identify issues affecting communities impacted by both the LRT project development and Community Works initiatives and assist in developing strategies for minimizing those impacts. 5. Provide feedback on communication and public involvement efforts. 6. Listen to and respect the viewpoints of others. Draft Dec 12, 2014 1 � `-" _ 7. Accept outcomes of Metropolitan Council decisions. MEMBERSHIP Members will be appointed in early 2015 and concluding December 31, 2016. Membership is intended to represent the diverse interests and stakeholders along Southwest LRT line and will include stakeholde�s that are represented along the corridor. Specifically, membership be will appointed as follows: Community appointed members: • Minneapolis: 3 members • Golden Valley: 2 members • Robbinsdale: 2 members • Crystal: 2 members • Brooklyn Park: 2 members Corridors of Opportunity Engagement Grantees: 10 At-large representation appointed by the Chair of Metropolitan Council and Chair of Hennepin County Community Works Steering Committee: 2 If an appointed member is no longer able to participate actively in the CAC, the organization that appointed that person will be allowed to name a replacement. COMMITTEE CO-CHAIRS The Chair of Metropolitan Council and Chair of Hennepin County Community Works Steering Committee will appoint two Co-Chairs for the CAC. The Co-Chairs are charged with ensuring corridor-wide perspectives are present when offering guidance to steering committees; lead committees through their tasks and ensure charter compliance; identify topics/issues of committee concern; and develop meeting agendas with Blue Line Project Office and Hennepin County staff. MEETINGS The CAC will schedule monthly meetings on the XXX of every month, from X:XX-X:XX PM. Agendas and meeting summaries will be distributed to all members at least five business days before the meeting and posted on the project's website at swlrt.org. Post meeting, meeting materials/presentations and approved meeting summaries will be posted on the project's website: BlueLineExt.org. Due to the timeliness of topics, additional meetings, subcommittees meetings and focus groups may be scheduled as needed. To facilitate communication and a sharing of ideas and information, the CAC with meet jointly at least twice each year with the Business Advisory Committee (BAC). This meeting will replace a regularly scheduled CAC meeting. Draft Dec 12, 2014 2 � Page Charter of the METRO Blue Line Extension Business Advisory Committee (BAC) DRAFT OVERVIEW The METRO Blue Line Extension (BLRT) Business Advisory Committee (BAC) is established to provide guidance to the BLRT Corridor Management Committee (CMC) on community issues during the engineering and environmental phases of Blue Line project development. In addition, the BAC advises the Hennepin County Community Works Steering Committee for elements regarding station area ptanning, other infrastructure investments and elements that may be implemented post revenue service. Appointments to the BAC will serve commencing early 2015 and concluding December 31, 2016. PURPOSE The purpose of the BAC is to serve as a voice for the community and advise the BLRT Corridor Management and Community Works Steering Committees: 1. Provide input on light rail design and engineering topics including but not limited to station design, parking, multi-modal access to station and public art. 2. Advise on communications and outreach strategies related to BLRT. 3. Provide input on station area vision and character for development from a community perspective. 4. Review and comment on major initiatives and actions of the Community Works program. 5. Identify potential issues and review strategies to mitigate the impacts of construction on residences and businesses. 6. Serve as an information resource and liaison to the greater corridor community and their appointing organization. REPORTING REQUIREMENTS One BAC member will serve as a member of the CMC and provide updates of BAC activities at CMC. Another BAC member will also serve as a member to the Community Works Steering Committee and provide updates on BAC activities. RESPONSIBILITIES Each member of the BLRT BAC agrees to: 1. Attend a majority of BAC meetings and actively participate in discussions by sharing ideas and expertise. 2. Actively participate in discussions; be a voice to advance the broader interests of community. 3. Routinely report back to their organization on the activities and discussions of the BAC as well as serve as a conduit of information to the broader community and to their appointing organization. 4. Identify issues affecting communities impacted by both the LRT project development and Community Works initiatives and assist in developing strategies for minimizing those impacts. 5. Provide feedback on communication and public involvement efforts. Draft Dec 12,2014 1 � ;.' � �: - 6. Listen to and respect the viewpoints of others. 7. Accept outcomes of Metropolitan Council decisions. MEMBERSHIP Members will be appointed in early 2015 and conclude their term by December 31, 2016. Membership is intended to represent the diverse interests and stakeholders along LRT line and will include stakeholders that are represented along the corridor. Specifically, membership will be appointed as follows: Community appointed members: 2 members from each community • Minneapolis • Golden Valley • Robbinsdale • Crystal • Blooklyn Park Chambers of Commerce: 1 member from each chamber organization • Minneapolis Regional • TwinWest • Robbinsdale • North Hennepin Area At-large representation appointed by the Chair of Metropolitan Council and Chair of Hennepin County Community Works Steering Committee: 3 If an appointed member is no longer able to participate actively in the BAC, the organization that appointed that person will be allowed to name a replacement. COMMITTEE CO-CHAIRS The Chair of Metropolitan Council and Chair of Hennepin County Community Works Steering Committee will appoint two Co-Chairs for the BAC. The Co-Chairs are charged with ensuring corridor-wide perspectives are present when offering guidance to steering committees; lead committees through their tasks and ensure charter compliance; identify topics/issues of committee concern; and develop meeting agendas with Blue Line Extension Project Office and Hennepin County staff. MEETINGS The BAC will schedute monthly meetings on the XX of every month, from X:XX-X:XX AM. Agendas and meeting summaries will be distributed to all members at least five business days before the meeting and posted on the projecYs website at BlueLineExt.org. Post meeting, meeting materials/presentations and approved meeting summaries will be posted on the project's website. Due to the timeliness of topics, additional meetings, subcommittees meetings and focus groups may be scheduled as needed. Draft Dec 12, 2014 2, � Page To facilitate communication and a sharing of ideas and information, the BAC with meet jointly at least twice each year with the Community Advisory Committee (CAC). This meeting will replace a regularly scheduled CAC meeting. Draft Dec 12,2014 3 � Page s i,�� '� �,��1 � i�, - � .�� ,� � �� r' � , �� ;. � '� , :�: .� _�. W Cit Administration Council . y / 763-593-84p3!7b3-593-81 Q9(fax) .. µ;a��L;... . , !��nvi.,� ?, , °,��u�a� �, �z��,�_ -" ._ _ . . . � '-. . ,.� r . .. Executive Summary Golden Valley Council/Manager Meeting February 10, 2015 Agenda Item 7. b. Northwest Suburbs Cable Communications Commission Prepared By Thomas Burt, City Manager Summary The Northwest Suburbs Cable Communications Commission oversees the cable communications franchise agreement for 9 suburbs in the northwest metropolitan area of the Twin Cities. Joan Russell serves at the City's representatives on the Commission and is resigning. The Commission meets in February, May, September and November at 7:30 am at the NW Television Center in Brooklyn Park. The Council is requested to discuss options to fill the vacancy. t"1��1 t�� '��: , � k ,� �. � �� , °�. �� City Administration/Council 763 593 80Q3!763 593 8109(fax) �. ��. � �,�... .� � � �°��..��aa�::��.. Executive Summary Golden Valley Council/Manager Meeting February 10, 2015 Agenda Item 7. c. Human Services Fund and Board of Zoning Appeals Prepared E3y Thomas Burt, City Manager Summary There are currently two vacancies on the Human Services Fund and two vacancies on the Board of Zoning Appeals for alternates.