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01-17-23 City Council AgendaJanuary 17, 2023 — 6:30 PM Council Chambers Hybrid Meeting 1.Call to Order 1A.Pledge of Allegiance and Land Acknowledgement 1B.Roll Call 1C.Certificate of Appreciation for Rev. Richard Buller of Valley Community Presbyterian Church 2.Additions and Corrections to Agenda 3.Consent Agenda Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. 3A.Approval of Regular City Council Meeting Minutes of January 3, 2023 3B.Approval of Check Registers 3C.Licenses: 3C.1.Approve On-Sale Liquor License with Sunday Sales - JLD Group LLP, 1301 Theodore Wirth Parkway 3D.Boards, Commissions, and Task Forces: 3D.1. Approve Resolution No. 23-005 - Appointment to the Joint Water Commission 3D.2. Receive and File Statement from the Police Employment, Accountability, & Community Engagement (PEACE) Commission 3E. Bids, Quotes, and Contracts: 3E.1. Adopt Resolution No. 23-004 Authorizing Construction Cooperative Agreement with CITY COUNCIL REGULAR MEETING AGENDA City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. Remote Attendance/Comment Options: Members of the public may attend this meeting by watching on cable channel 16, streaming on CCXmedia.org, streaming via Webex, or by calling 1-415-655-0001 and entering access code 2469 592 0981. Members of the public wishing to address the Council remotely have two options: Via web stream - Stream via Webex and use the ‘raise hand’ feature during public comment sections. Via phone - Call 1-415-655-0001 and enter meeting code 2469 592 0981 . Press *3 to raise your hand during public comment sections. City of Golden Valley City Council Regular Meeting January 17, 2023 — 6:30 PM 1 Metropolitan Council Environmental Services (MCES) for Douglas Drive/TH 55 Pedestrian Underpass and Mini Roundabout Project 3E.2.Authorize Master Agreement for Product and Services with ESRI 3E.3.Approve Engagement Letter - Auditing Services for 2022 Fiscal Year 3F.Approve Resolution No. 23-006, Supporting the Authority to Impose a Local Sales Tax to Fund Specific Capital Improvements 4.Public Hearing 5.Old Business 6.New Business All Ordinances listed under this heading are eligible for public input. 6A.First Consideration of Salt Storage Ordinance No. 757 6B.First Consideration of Updated Stormwater Management Ordinance No. 758 6C.Review of Council Calendar 6D.Mayor and Council Communications 1. Other Committee/Meeting updates 7.Adjournment City of Golden Valley City Council Regular Meeting January 17, 2023 — 6:30 PM 2 January 3, 2023 —6:30 PM Council Chambers Hybrid Meeting CITY COUNCIL REGULAR MEETING MINUTES City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. 1.Call to Order Mayor Harris called the meeting to order at 6:30 pm. 1A. Pledge of Allegiance and Land Acknowledgement Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land Acknowledgement statement. 1B. Roll Call Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-Anderson, Gillian Rosenquist and Kimberly Sanberg Staff present: City Manager Cruikshank, City Attorney Cisneros, City Planner Campbell, and City Clerk Schyma 1C. Certificate of Appreciation for Outgoing Robbinsdale School Board Member Mike Herring Mayor Harris discussed the certificate of appreciation and the Council thanked Mr. Herring for his partnership and service over the years. Mr. Herring expressed appreciation to the Council for their support and recognition. 2.Additions and Corrections to Agenda Motion by Rosenquist, Second by Sanberg to approve the meeting agenda as submitted. Motion carried 5-0. 3.Consent Agenda Motion by Rosenquist, Second by M. Harris to approve the Consent Agenda as revised: removal of Item #3F -Approve Resolution No. 23-003 Designating Depositories for City Funds and #3H -Approval of Federal and State Legislative Priorities for 2023. 3 City of Golden Valley City Council Regular Meeting January 3, 2023 – 6:30 pm 2 Motion carried 5-0. 3A. Approval of Check Register 3B. Licenses: 3B.1. Gambling License Exemption and Waiver of Notice Requirement - Sons of the American Legion Post 523 3B.2. Gambling License Exemption and Waiver of Notice Requirement - Golden Valley Police Association 3C. Bids, Quotes, and Contracts: 3C.1. Approve Purchase of a Bobcat UW56 Toolcat 3C.2. Approve Purchase of a Bobcat T66 Compact Track Loader 3C.3. Approve Settlement Agreement and Authorize Payment for the Acquisition of Property Rights from Parcel 3 for Douglas Drive and Trunk Highway 55 Intersection Improvement Project, Resolution No. 23-001 3C.4. Approve Memorandum of Understanding with Sweet Potato Comfort Pie 3C.5. Approve Professional Services Agreement with Padilla Speer Beardsley, Inc for Communications Consulting 3D.Designation of 2023 Official Newspaper - New Hope/Golden Valley Sun-Post 3E.Approve Resolution No. 23-002 - Annual Elections for the 2023-24 Insurance Policy 3F.Approve Resolution No. 23-003 Designating Depositories for City Funds 3G.Approval of Use of Credit Cards for Purchases 3H.Approval of Federal and State Legislative Priorities for 2023 3I.Approval of One-Year Extension of Zoning Code Variance for 3017 Major Ave N 3. Items Removed From the Consent Agenda: 3F. Approve Resolution No. 23-003 Designating Depositories for City Funds Mayor Harris thanked staff for continuing the City’s diversity, equity, and inclusion efforts by including BIPOC-owned banks on the list of depositories for City funds. Motion by M. Harris, Second by Sanberg to approve Resolution No. 23-003 Designating Depositories for City Funds. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-Anderson, Rosenquist, Sanberg. Opposed: N/A) 3H. Approval of Federal and State Legislative Priorities for 2023 Council Member Harris spoke about the prioritization process. Motion by M. Harris, Second by Rosenquist to approve 2023 Federal and State Legislative Priorities. Motion carried 5-0. 4 City of Golden Valley City Council Regular Meeting January 3, 2023 – 6:30 pm 3 4.Public Hearing 5.Old Business 6.New Business 6A. Review of Council Calendar Mayor Harris reviewed upcoming city meetings, events, and holiday closures. 6B. Mayor and Council Communications 1. Other Committee/Meeting updates 7.Adjournment Motion by M. Harris, Second by Sanberg to adjourn the meeting at 6:59 pm. Motion carried 5-0. ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Theresa J. Schyma, City Clerk 5 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting January 17, 2023 Agenda Item 3B. Approval of Check Registers Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims again the City of Golden Valley. Document is located on city website at the following location: http://weblink.ci.golden-valley.mn.us/WebLink/Browse.aspx?id=692130&dbid=0&repo=GoldenValley The check register(s) for approval: 12-30-22 Check Register 01-06-23 Check Register Financial or Budget Considerations The check register has a general ledger code as to where the claim is charged. At the end of the register is a total amount pad by fund. Legal Considerations Not Applicable Equity Considerations Not Applicable Recommended Action Motion to authorize the payment of the bills as submitted. 6 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting January 17, 2023 Agenda Item 3C.1. Approve On-Sale Liquor License with Sunday Sales - JLD Group LLP, 1301 Theodore Wirth Parkway Prepared By Theresa Schyma, City Clerk Summary JLD Group LLP, 1301 Theodore Wirth Parkway, currently have an On-Sale Beer and Wine license. The business owners contacted staff at the end of 2022 to discuss upgrading their current license to a full on-sale liquor license with Sunday sales. After review and consultation with the business owners, the City Clerk found no reason to deny the license. After Council approval, the City Clerk will forward the liquor license application to the Minnesota Alcohol Gambling Enforcement Division to complete processing. The updated license will keep the original expiration date of June 30, 2023. Financial or Budget Considerations Fees received for liquor licenses help to defray costs the City incurs to administer license requirements. The updated license will not be issued until all additional fees have been received. Legal Considerations The City Clerk has reviewed the updated application, and has found the documents are in order and complete. The background investigation conducted by the Police Department during the recent license renewal process is still current. Equity Considerations Helping small business owners find ways to expand their business fits within the 'economic prosperity for all' pillar of the City's Equity Plan. Recommended Action Motion to approve the issuance of an On-Sale Liquor License with Sunday sales to JLD Group LLP, 1301 Theodore Wirth Parkway. 7 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting January 17, 2023 Agenda Item 3D.1. Approve Resolution No. 23-005 - Appointment to the Joint Water Commission Prepared By Tara Olmo, Executive Assistant Summary The Council appointed City Manager Cruikshank to a three year term on the Golden Valley-Crystal- New Hope Joint Water Commission (JWC) on January 21, 2020 and needs to make a reappointment before the current term expires. Historically these appointments are filled by the City Manager of each representing city. Legal Considerations None Equity Considerations None Recommended Action Motion to adopt Resolution No. 23-005 reappointing City Manager Timothy J. Cruikshank as the City of Golden Valley Representative on the Golden Valley-Crystal-New Hope Joint Water Commission. Supporting Documents Resolution No. 23-005 - Reappointing City Manager to Joint Water Commission 8 RESOLUTION NO. 23-005 RESOLUTION APPOINTING CITY MANAGER AS CITY OF GOLDEN VALLEY REPRESENTATIVE ON THE GOLDEN VALLEY-CRYSTAL-NEW HOPE JOINT WATER COMMISSION WHEREAS, the cities of Golden Valley, New Hope and Crystal created a Joint Water Commission (the “JWC”) in 1963 to benefit the three communities; and WHEREAS, pursuant to section 2 of the JWC Joint Powers Agreement, the City Council of each city must appoint a representative to the JWC Commission by resolution; and WHEREAS, it is in the best interest of the City to appoint the City Manager to the Commission for a three year term or until such time as there is a change to the joint powers organization; and WHEREAS, the City Manager was last appointed to a three year term on the JWC on January 21, 2020 and should be reappointed before the current term expires. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that City Manager Timothy J. Cruikshank is hereby reappointed to a three year term as the City of Golden Valley's representative on the Golden Valley-Crystal-New Hope Joint Water Commission. Adopted by the City Council of Golden Valley, Minnesota this 17th day of January 2023 . ____________________________ Shepard M. Harris, Mayor ATTEST: _______________________________ Theresa Schyma, City Clerk 9 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting January 17, 2023 Agenda Item 3D.2. Receive and File Statement from the Police Employment, Accountability, & Community Engagement (PEACE) Commission Prepared By Airrion Williams, Community Connection and Outreach Specialist Summary The Police Employment Accountability and Community Engagement Commission, in its advisory capacity to the City Council has reviewed and discussed the results of the recent Police department investigation. The Commission has also recently reflected on its work over the last year and is committed to transforming policing through collaboration and trust. Commission members feel that it is critical to communicate with the City Council and the community, expressing transparent thoughts and beliefs about the future of the Commission, and its work with the Police department. Roslyn Harmon, Vice Chair of the PEACE Commission, will be reading the statement at the Council Meeting. Financial or Budget Considerations This item does not have financial considerations. Legal Considerations This item does not require legal review. Equity Considerations This item aligns with the inclusive community engagement and advancement of diversity equity and inclusion pillars of the City's equity plan. Recommended Action Motion to receive and file statement from the Police Employment, Accountability, & Community Engagement (PEACE) Commission. Supporting Documents Response to Police Investigation 1-12-23 10 GOLDEN VALLEY PEACE COMMISSION RESPONSE TO THE CITY-INITIATED INVESTIGATION INTO AN HR COMPLAINT AND ALLEGED DATA BREACH We on the Golden Valley PEACE Commission began our first year with energy and high hopes. We understood that our initial focus would be on learning and relationship building, and we were advised that the work would be more challenging than we expected. Still, we did not anticipate the impact on the pace of our progress from ongoing Police Department attrition and the City-initiated investigation into an HR Complaint and alleged data breach. When its findings were released in December, uncertainty turned to dismay that a long-time officer felt bold enough to mock diversity training with racist comments shared with peers and acted surreptitiously to undermine the candidacy of now-Chief Virgil Green. While the offending officer was dismissed, the limited scope of the investigation did not assess whether the overall culture was resistant to change or whether any other former officers may have been complicit. At this point, we will never know. Since implicit bias and structural racism have long been embedded in American society, it is not enough to single out individuals without addressing root causes. Our efforts as a Commission are better placed on the positive direction charted by new Police Department leadership and its committed core of officers. Transforming policing must be a broad collaborative effort that includes all segments of the community. It will require patience, empathy, and innovation to that ensure all citizens are safe, seen, and respected, and that police officers and staff feel supported and recognized for their contributions in creating a safe and welcoming city. A fresh start for PEACE and the City Members of the PEACE Commission have an important role bringing a community lens to the processes of police employment and accountability, but our advisory role lacks authority and effective processes to independently pursue some changes we think are needed. As we seek innovative solutions, we also recognize that new or unproven measures have the potential to deepen harm or distrust in our community. That means we must move deliberately, despite our sense of urgency. We look forward to having police officers rejoin the commission as soon as staffing levels permit. Together, we will establish the trusting and authentic relationships needed to rebuild around a culture that provides inclusive, community-centered service. Our participation last year in interviews with officer candidates has been a positive example of this. We ask that the Council be open to additional ways that community voices can be meaningfully incorporated into decision-making related to public safety, police employment, and accountability. Promising steps with our community partners are under way: With GVPD  Establish PEACE relations with PD-initiated block organizations  Restore police officer participation as members of the Commission 11  Develop joint understanding of data-informed practices that improve police effectiveness and reduce disparate enforcement With City Leadership  Continue frank discussion and constructive challenges to regulations, polices, and institutional silos that hamper progress  Provide a community lens on the total revision of the Police Department Manual of Policies and Practices  Improve collaboration with the DEI Commission and other City entities on intersecting initiatives funded by the Pohlad Collaborative Solutions grant With Community Stakeholders  Schedule forums and communications to engage the public and ensure that community input effectively informs policy and decision-making  Introduce resident-led restorative practices that increase neighborhood safety, reduce routine police calls for service training, and strengthen police-community relations To stay informed about these developments, you’re invited to subscribe to PEACE Commission Email Updates at bit.ly/3VW3uDL. Our 2023 Work Plan will provide a fuller summary later this year. 12 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting January 17, 2023 Agenda Item 3E.1. Adopt Resolution No. 23-004 Authorizing Construction Cooperative Agreement with Metropolitan Council Environmental Services (MCES) for Douglas Drive/TH 55 Pedestrian Underpass and Mini Roundabout Project Prepared By RJ Kakach, Assistant City Engineer Jeff Oliver, City Engineer Summary During the design of the City’s Douglas Drive/TH 55 Pedestrian Underpass and Mini Roundabout Project it was determined that there were conflicts between the proposed pedestrian tunnel and the existing Metropolitan Council Environmental Services (MCES) forcemains along TH 55. In order to install the new pedestrain tunnel, the MCES forcemains need to be lowered beneath the tunnel. The MCES has agreed to relocate the forcemain and has requested that the City perform the work as part of its pedetrian tunnel and mini roundabout project. This arrangement will facilitate the construction of the project and minimize construction delays. City and MCES staff have developed a cooperative agreement that includes MCES design of the forcemain relocation, with the City performing the construction, project observation and administration as outlined in the attached cooperative agreement. The MCES will fund the majority of the construction and will also pay for the City’s costs for administration and observation (approximately 7%). The cost split is based on the difference in cost between replacing the forcemains and lowering the forcemains. Lowering the forcemains is more expensive which requires the City to fund those costs as the project is occurring in MNDOT right of way. The City will bill the MCES monthly for monthly reimbursement of its costs. The estimated City's cost for the forcemain relocation is $289,900. The estimated total cost for the forcemain relocation is $2,200,000. Financial or Budget Considerations Funding for the City's portion of the forcemain relocation is included in the 2023-2032 CIP W&SS-110 in the amount of $400,000. Legal Considerations The cooperative agreement has been reviewed by the City Attorney. Equity Considerations The relocation of the MCES forcemains will allow for a new pedestrian tunnel to be installed beneath 13 TH 55 providing safer and better access for all users of the Douglas Drive and TH 55 intersection. Recommended Action Motion to adopt Resolution No. 23-004 for the execution of Cooperative Agreement with MCES for Douglas Drive/TH 55 Pedestrian Underpass and Mini Roundabout Project. Supporting Documents Resolution No. 23-004 Authoring MCES Coop Agreement for Douglas Dr & TH 55 Underpass Cooperative Construction Agreement Douglas-55 PED Underpass 14 RESOLUTION NO. 23-004 RESOLUTION AUTHORIZING EXECUTION OF METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES (MCES) CONSTRUCTION COOPERATIVE AGREEMENT FOR THE DOUGLAS DRIVE 55 UNDERPASS AND MINI ROUNDABOUT PROJECT WHEREAS, The City is finalizing design for the Douglas Drive and Trunk Highway 55 Underpass and Mini Roundabout project; WHEREAS, The Douglas Drive and Trunk Highway 55 Underpass and Mini Roundabout project requires relocation of two existing MCES forcemains in order to construct the project; WHEREAS, the City and MCES agreed to relocate the forcemains as part of the City project using a cooperative construction agreement; WHEREAS, the cooperative construction agreement outlines the construction and cost requirements as well as reimbursement procedures for both the City and MCES; WHEREAS, estimated City costs for the MCES forcemain relocation are approximately $250,000 and estimated total forcemain relocation costs are $2,200,000; and NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley that: 1. Authorizes the execution of the MCES Construction Cooperative Agreement for the Douglas 55 Underpass and Mini Roundabout Project. Adopted by the City Council of Golden Valley, Minnesota this 17th day of January, 2023. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 15 Met. Council No. 22I045 1 COOPERATIVE CONSTRUCTION AGREEMENT FOR CONSTRUCTION OF FORCEMAIN REPLACEMENT IN GOLDEN VALLEY, MN This agreement is made and entered into by and between the Metropolitan Council, a public corporation and political subdivision of the State of Minnesota (“Council”), and the City of Golden Valley, a municipal corporation under the laws of the State of Minnesota (“City”). BACKGROUND RECITALS 1. The City plans to construct a pedestrian underpass across TH 55 at Douglas Drive during the 2023 construction season (“City Project”). 2. The Council desires to upgrade its forcemain at TH55 and Douglas Drive intersection (“Council Project”). 3. Both City and Council desire that the Council Project be constructed in conjunction with the City Project to minimize community impacts and disruption. 4. The Council is not staffed or equipped to construct the Council Project during the 2023 construction season. 5. Therefore, the Council desires to have the City construct the Council Project contemporaneously with the City Project. The parties agree as follows: AGREEMENT I. Purpose of Agreement 1. This agreement describes the responsibilities of each of the Parties for design and construction of the Council Project. 2. The Council appoints the City as its agent to obtain bids, enter into a contract for the construction of the work, and supervise the work performed on the Council Project for compliance with the Council Project construction documents and this agreement. 3. The scope of the Council Project is: The project includes construction of a pedestrian underpass across TH 55 at Douglas Drive. In addition, utilities in the project area or rerouted or 16 Met. Council No. 22I045 2 improved. The Council is working with the City through a cooperative agreement to rehab approximately 600 feet of forcemain (Interceptor 7027-1) and construct an air relief structure. 4. The locations of the Council Project and the City Project are shown on Exhibit A to this agreement. II. Construction Documents 1. Council or its agents, at no cost to the City, will prepare the necessary detailed construction documents for the Council Project (“Council Project Construction Documents”). The Council Project Construction Documents will contain plans and specifications and a schedule for construction of the Council Project suitable for use by proposed contractors in the preparation of their bids. The Council will develop the Council Project Construction Documents using the most current industry standards and practices for forcemains. The Council or its agents have prepared a construction cost estimate for the Council Project, attached as Exhibit B. 2. The Council will have a Registered Professional Engineer licensed in the State of Minnesota prepare and certify the Council Project Construction Documents that will be incorporated into the bidding documents for the City Project. When requested by the City, the Council will make all Council Project Construction Documents available to the City in a timely manner for periodic review. The City’s Engineer or its representative will approve all Council Project Construction Documents before the Council Project Construction Documents are incorporated into the plans for the City Project. 3. The Council will deliver to the City original, reproducible, certified final Council Project Construction Documents on a schedule that will allow the City to timely let and award a construction contract for the City Project. 4. The Council retains ownership of all original Council Project Construction Documents. When the City completes its reproduction of the Council Project Construction Documents, the City will return the original documents to the Council. 5. The City’s Engineer will incorporate the Council Project Construction Documents into the City Project Construction Documents (“Combined Project Construction Documents”) for the City and Council Projects (“Combined Project”). 17 Met. Council No. 22I045 3 III. Easements and Permits 1. The Council gives the City the right to enter onto Council property, and any easements and rights-of-way the Council obtained for construction of the Council Project for the purpose of the City fulfilling this agreement. 2. The City will acquire all permanent and temporary permits, easements and property interests necessary in the City’s name for the Combined Project. City is not acquiring any property on the Council’s behalf. The City will permit the Council to have its forcemains within the easements that the City acquires for the Combined Project and the Council will reimburse the City for the permit as described in Section VII below. 3. As of the date of this agreement, no additional property acquisition is required for construction and installation of the Council Project. The Council is responsible for any land acquisitions outside of the City Project boundaries. 4. The City is responsible for getting all permits associated with construction of the Combined Project, including but not limited to a MNDOT right of way permit, a Hennepin County right of way permit, and an NPDES permit. IV. Procedure for Acceptance of Bids 1. Bidding Procedure. Prior to advertising for bids, the City will allow the Council to review the bidding documents. The City will advertise for bids for the work and construction of the Combined Project, receive and open bids and may, subject to Council’s acceptance of the bid submitted, enter into a construction contract with the successful bidder in accordance with applicable law. The bidding documents will require separate line items for specific Council Project bid items. After opening the bids, the City will give the Council a written tabulation of the bids with the City’s recommendation for selection of the lowest responsible bidder. 2. Council May Accept or Reject of Council Project Bid Amount. a. Council Project Bid Amount is less than 120% of estimate. If the line items for the Council Project in the bid total less than 120% of the construction cost estimate in the final Council Project Construction Documents in Exhibit B (excluding contract administration costs), the Council accepts the bid for the Council Project and the City will award the Council Project portion of the bid. 18 Met. Council No. 22I045 4 b. Council Project Bid Amount is 120% or More of Estimate. If the line items for the Council Project in the bid are 120 percent or more of the construction cost estimate in the final Council Project Construction Documents in Exhibit B (excluding contract administration costs), the City will award the Council Project portion of the bid, unless the Council gives the City written notice stating that the Council does not agree to be bound by the bid prices for the Council Project. The City will receive the Council’s written notification within 14 days of the date the City provided the Council with the bid tabulation. If the Council does not notify the City within 14 days, the bids for the Council Project will be deemed accepted by the Council. c. Compensation to the City if the Council Does Not Proceed with its Project. If the Council does not accept the bid amount for the Council Project as described in section IV.2.b above, or otherwise decides before the City’s award of the Combined Project not to proceed with the Council Project, the Council will reimburse the City for Council Project-related costs incurred by the City as of the date of termination. A decision by the Council not to construct the Council Project has no bearing on the City’s ability to proceed with the City Project. 3. City decision not to award City Project. If the City decides not to award the City Project, the City will reimburse the Council for Council Project-related costs incurred by the Council as of the date of termination. A decision by the City not to construct the City project has no bearing on the Council’s ability to independently advertise and accept bids for and construct the Council Project. V. Construction and Contract Administration 1. The City will include in the construction contract for the Combined Project, the Council Project Construction Documents, and require that the contractor construct the Council Project according to these Documents. At least 14 days before the contractor begins work on the Council Project, the City will give written notice to the Council that the contractor will begin construction by sending notice to: Council Contact: Ryan Piner Title: Principal Engineer Address: 3565 Kennebec Drive Address: Eagan, MN 55122 Email: Ryan.Piner@metc.state.mn.us 19 Met. Council No. 22I045 5 2. The City will perform and direct all construction supervision, contract administration and inspections required to complete the Combined Project. The City will not interrupt the operation of the forcemain during the construction of the Council Project without the written consent of the Council. 3. The Council’s authorized representative (Jim Sailer, or its designee identified to the City in writing) may observe the work during the construction of the Council Project, but the Council’s authorized representative is not responsible for supervising the Council Project. When observing the work, the Council’s authorized representative will cooperate with the City’s Engineer or designated representative. The Council’s authorized representative will be available to the City at all times during construction of the Council Project. The Council will designate an authorized representative with the authority and experience to make decisions concerning the construction of the Council Project so as not to delay construction of the City Project or the Combined Project. 4. If after installation, the Council determines that any portion of the Council Project was not constructed substantially in accordance with the Council Project Construction Documents, the Council’s authorized representative will inform the City of the deficiency within seven days. The Council’s notice to the City will also explain why the portion of the Council Project does not conform to the Council Project Construction Documents and the actions the Council believes the contractor will take to correct the deficiency. The City will require the contractor to make the corrections to meet the requirements of the Council Project Construction Documents. 5. The Council’s authorized representative will participate in the inspection of the Council Project for substantial completion. Within seven days of any substantial completion inspection, the Council will provide the City the punch list items that need to be addressed before final completion of the Council Project. If the Council does not provide punch list items within seven days, the contractor’s work will be deemed accepted. 6. The City will inform the Council in writing of final completion of construction (including the punch list items) of the Council Project. Within seven days of receiving the City’s written notice, the Council will inform the City in writing whether the Council Project conforms to the Council Project Construction Documents. The Council makes the final decision on whether the contractor’s Council Project work conforms to the Council Construction Documents. The Council will accept the work on the Council Project in writing. 7. The Council will participate in the claims process on the Combined Project for the following types of contractor claims: a. project delays relating in any way to site conditions; and 20 Met. Council No. 22I045 6 b. Council requests for changes or modifications to any construction documents (Council Project, City Project, or Combined Project). c. project delays caused by untimely response to the inspection requirements in Article V. The Council will pay the portion of any claim that relates to the acts of the Council regarding the Council Project. VI. Modifications to Construction Documents 1. The City may make minor changes in the Council Project Construction Documents and the Combined Project Construction Documents if the changes are necessary to complete construction. The City may also enter into any change orders or supplemental agreements with the contractor on the Combined Project to incorporate these changes in the Council Project or Combined Project Construction Documents. These changes may result in a change to the Council’s cost participation described in Section VII. 2. The City will give the Council’s Authorized Representative all proposed amendments and material changes to the Council Project Construction Documents. The Council will review the documents and communicate in writing its acceptance or rejection to the City within seven days. The City will not amend or change the Council Project Construction Documents until it receives the Council’s written acceptance. 3. The Council may make changes to the Council Project if all of the following occur: a. The Council gives the City seven days written notice; b. The Council bears the costs of all changes; and c. The change does not increase the cost or delay completion of the City Project. VII. Cost Participation and Payment 1. The Council will reimburse the City for the costs shown in Exhibit B as specified in this Section VII. The Council will reimburse the City for the actual cost of construction for the Council Project, actual costs of construction for portions of the Combined Project as identified in Exhibit B, plus seven percent. The additional seven percent is for the following: 21 Met. Council No. 22I045 7 a. surveying, inspection, and testing for the Council Project; b. other costs associated with the Council or Combined Project including contract administration and land acquisition if applicable, and other administrative expenses associated with the Council or Combined Project. ] 2. The City, at its sole expense will acquire in its name all permanent and temporary permits, easements, and property interests necessary for the Combined Project. 3. The parties further agree that the Council Project costs are an estimate. The final Council Project construction costs will be based on the unit prices in the City’s construction contract, the final quantities, and any amendments or change orders. 4. After the City awards the Combined Project Construction Contract, the City will prepare a revised Exhibit B and give it to the Council. The revised Exhibit B will update the Council Project costs for construction, land acquisition, and administration based on the actual design costs and contract unit prices. The parties will substitute the revised Exhibit B for the Exhibit B attached to this agreement without any amendment to this agreement. 5. The City will pay its contractor for the contractor’s work on the Council Project. The Council will then pay the City under this section. During construction of the Council Project, the City will submit monthly invoices to the Council. The City’s monthly invoices will include a progress report. The Council will pay the City within 30 days after it receives the invoice. If the Council disputes any portion of an invoice it will give the City notice of the dispute within 14 days after the Council receives the invoice. If the Council disputes any portion of an invoice, the Council will pay the undisputed portion of the invoice within 30 days after receipt of the invoice, and it will pay the remainder of any amount due within 30 days after the dispute is resolved. 6. When the work on the Combined Project is substantially complete, the City will give the Council an updated cost participation breakdown. This cost participation breakdown will show actual construction costs based on the contract unit prices and the units of work the contractor performed. The updated cost participation breakdown will also contain the updated administrative and other costs to be paid to the City by Council. 7. If after subtracting the Council’s payments from the updated cost participation breakdown the Council owes the City money, the City will invoice the Council for that amount. The Council will then pay the City the amount owed within 30 days of receiving the invoice. If the Council has already paid more than the updated cost participation breakdown, the City will refund the Council’s excess amount without interest. 22 Met. Council No. 22I045 8 VIII. Warranties and Maintenance 1. The Council Project bonds and warranties will be issued in the name of the City. Once construction of the Council Project is complete and the Council accepts the Council Project, the Council Project will be under the full control of the Council and all bonds, warranties and guarantees provided by the sureties, construction contractors and subcontractors for the Council Project are the property of Council. If a surety prohibits assignment then the City will require the contractor to ensure that the affected bond or warranty is applied both to the City and the Council. 2. After acceptance of the Council Project by the Council the Council is responsible for operation and maintenance of the Council Project. IX. Liability 1. To the extent authorized by law each party is responsible only for its own acts and the results of its acts. The Council’s and City’s liability is governed by the provisions of Minnesota Statutes, Chapter 466. 2. The Council and City each warrant that they have an insurance or self-insurance program with minimum coverage consistent with the liability limits in Minnesota Statutes, Chapter 466. Nothing in this agreement is a waiver or limitation of any immunity or limitation of liability by the Council or City. 3. The City will ensure that the Combined Project construction contract includes clauses that: a. require the Combined Project contractor to defend, indemnify, and hold harmless the Council, its officers, agents and employees from claims, suits, demands, damages, judgments, costs, interest, expenses (including reasonable attorney’s fees, witness fees and disbursements) arising out of or by reason of the acts or omissions of the contractor, its officers, employees, agents or subcontractors; b. require the Combined Project contractor to provide and maintain insurance in the amounts specified in the attached Exhibit C, which is incorporated into this agreement, and name the Council as additional insured; and c. require the Combined Project contractor to be an independent contractor for the purposes of completing the work on the Council Project. 23 Met. Council No. 22I045 9 X. General Provisions 1. All records kept by the Council and City with respect to the Council Project are subject to examination by representatives of each party. All data collected, created, received, maintained or disseminated for any purpose by the Council and City under this agreement are governed by Minnesota Statutes, Chapter 13 (“Act”), and the Minnesota Rules implementing the Act. 2. The City agrees to comply with all laws applicable to the City relating to nondiscrimination, affirmative action, public purchases, contracting, employment, workers’ compensation, and surety deposits required for construction contracts. Minnesota Statutes, Section 181.59 and any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of the Council is considered a part of this agreement. 3. The employees of the parties, and all other persons engaged by each party will not be considered employees of the other party. Each party is solely responsible for all claims arising from its employees including claims under the Worker’s Compensation Act, the Minnesota Economic Security Law and all third party claim resulting from an act or omission of an employee. 4. If hazardous wastes, pollutants or contaminants as those terms are defined in law exist on the Combined Project site, the City is responsible for any response or remedial action, monitoring or reporting under the law. The City will apply for and have the Council named as a beneficiary in any no association letters, no action/no further action letters and other environmental regulatory assurances for the site. The City will give the Council copies of any Phase I and Phase II environmental investigations, approved Response Action Plans, and environmental assurance letters naming the Council as a beneficiary. This paragraph survives the termination of this agreement. 5. This agreement is the entire agreement between the parties and supersedes all oral agreements and negotiations between the parties relating to this agreement. All exhibits and attachments to this agreement are incorporated into the agreement. If there is a conflict between the terms of this agreement and any of the exhibits the agreement governs. 6. The provisions of this agreement are severable. If a court finds any part of this agreement void, invalid, or unenforceable, it will not affect the validity and enforceability of the remainder of this agreement. A waiver by a party of any part of this agreement is not a waiver of any other part of the agreement or of a future breach of the agreement. 7. Any modifications to this agreement will be in writing as a formal amendment. 24 Met. Council No. 22I045 10 8. This agreement is binding upon and for the benefit of the parties and their successors and assigns. This agreement is not intended to benefit any third-party. 9. Except as otherwise provided for in this agreement, the agreement may be terminated by the mutual agreement of the parties. 10. If a force majeure event occurs, neither party is responsible for a failure to perform or a delay in performance due to the force majeure event. A force majeure event is an event beyond a party’s reasonable control, such as unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. 11. Under Minnesota Statutes, Section 16C.05, subdivision 5, the Parties agree that the books, records, documents, and accounting procedures and practices relevant to this agreement are subject to examination by either Party and the state auditor or legislative auditor, as appropriate, for at least six years from the end of this agreement. 12. A party will send all notices or demands under this agreement either by: a. certified mail; b. e-mail, as long as the recipient acknowledges receipt by e-mail or otherwise in writing; or c. delivered in person to the other party addressed to the following authorized representatives: Ryan Piner Metropolitan Council Environmental Services 3565 Kennebec Drive Eagan, MN 55122 Jeff Oliver City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 13. The parties will use a dispute resolution process for any unresolved dispute between the parties before exercising any legal remedies. The dispute resolution process is a three level dispute resolution ladder that escalates a dispute from the project management level through the executive management level. At each level of the dispute resolution process, the Parties’ representatives will meet and explore resolution until either party determines that effective resolution is not possible at the current level, and notifies the other party that the process is elevated to the next level. The parties designate the following dispute resolution representatives: 25 Met. Council No. 22I045 11 City Representative Metropolitan Council Representative Level 1 City Engineer Manager Level 2 Community Development Director Assistant General Manager Level 3 City Manager General Manager, Environmental Services The parties will complete the dispute resolution process in good faith before resorting to any other legal process or remedy. 14. The Council and the City are each authorized to enter into this agreement pursuant to Metropolitan Council Action No. _______ approved on _____________, and City Resolution No. 23-004, approved on January 17, 2023. 26 Met. Council No. 22I045 12 15. This agreement will be effective when all parties have signed it. The date of this agreement will be the date this agreement is signed by the last party to sign it (as indicated by the date associated with that party’s signature). Each party is signing this agreement on the date stated below that party’s signature. METROPOLITAN COUNCIL, A public corporation and political subdivision of the State of Minnesota By: Name, Title Date: CITY OF GOLDEN VALLEY A municipal corporation of the State of Minnesota By: Shepard M. Harris, Mayor Date: January 17, 2023 and Timothy J. Cruikshank, City Manager Date: January 17, 2023 27 Met. Council No. 22I045 13 LIST OF EXHIBITS Exhibit A - City Project and Metropolitan Council Project Locations Exhibit B - Metropolitan Council Project Construction Costs Estimates 28 Met. Council No. 22I045 14 Exhibit A City Project and Metropolitan Council Project Locations 29 30 Met. Council No. 22I045 15 Exhibit B Council Project Construction Costs Estimates 31 Douglas Drive Relocation Estimate of Probable Cost - Cost Breakdown1/6/2023ItemUnit Estimated Quantity Unit Cost Golden Valley Responsibility Golden Valley Cost MCES Cost Total CostMOBILIZATIONLS193,859.20$ 13%12,201.70$ 81,657.50$ 93,859.20$ TRAFFIC CONTROLLS118,585.98$ 13%2,416.18$ 16,169.80$ 18,585.98$ REMOVE PIPE (STORM)LF2017.00$ 13%44.20$ 295.80$ 340.00$ REMOVE PIPE (SANITARY)LF119618.00$ 13%2,798.64$ 18,729.36$ 21,528.00$ DISPOSE OF CONTAMINATED MATERIALTON48100.00$ 13%624.00$ 4,176.00$ 4,800.00$ PLUG FILL ABANDON 44" CASINGLF8055.00$ 13%572.00$ 3,828.00$ 4,400.00$ PLUG FILL ABANDON 58" CASINGLF11060.00$ 13%858.00$ 5,742.00$ 6,600.00$ DRAIN 30" FMLS150,000.00$ 13%6,500.00$ 43,500.00$ 50,000.00$ DRAIN 42" FMLS150,000.00$ 13%6,500.00$ 43,500.00$ 50,000.00$ REMOVE SIDEWALKSF12001.25$ 13%195.00$ 1,305.00$ 1,500.00$ CONNECT TO PIPEEA25,000.00$ 13%1,300.00$ 8,700.00$ 10,000.00$ CONNECT TO PIPE- SPECIALEA212,000.00$ 13%3,120.00$ 20,880.00$ 24,000.00$ 30" C900 PVCLF600450.00$ 13%35,100.00$ 234,900.00$ 270,000.00$ 42" C900 PVCLF624800.00$ 13%64,896.00$ 434,304.00$ 499,200.00$ 44" STEEL CASING (JACKED)LF170500.00$ 13%11,050.00$ 73,950.00$ 85,000.00$ 58" STEEL CASING (JACKED)LF170650.00$ 13%14,365.00$ 96,135.00$ 110,500.00$ JACKING AND RECEIVING PITEA475,000.00$ 13%39,000.00$ 261,000.00$ 300,000.00$ DIP FITTINGSLBS2635011.00$ 13%37,680.50$ 252,169.50$ 289,850.00$ INSPECTION ACCESS STRUCTUREEA250,000.00$ 13%13,000.00$ 87,000.00$ 100,000.00$ 4" INSULATIONSY6470.00$ 13%582.40$ 3,897.60$ 4,480.00$ 12" RCPLF1685.00$ 13%176.80$ 1,183.20$ 1,360.00$ 12" RCP APRONEA1850.00$ 13%110.50$ 739.50$ 850.00$ 4" CONCRETE SIDEWALKSF12007.50$ 13%1,170.00$ 7,830.00$ 9,000.00$ REPLACE CATHODIC PROTECTIONLS115,000.00$ 13%1,950.00$ 13,050.00$ 15,000.00$ SEEDINGAC1190.00$ 13%24.70$ 165.30$ 190.00$ CONSTRUCTION SUBTOTAL256,235.61$ 1,714,807.57$ 1,971,043.18$ CONTINCENCY (10%)25,623.56$ 171,480.76$ 197,104.32$ CONSTRUCTION TOTAL281,859.17$ 1,886,288.32$ 2,168,147.50$ 32 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting January 17, 2023 Agenda Item 3E.2. Authorize Master Agreement for Product and Services with ESRI Prepared By Sue Virnig, Finance Director John Peterson, IT Supervisor Summary The City has made significant investments in its infrastructure, including mapping and data that support the physical infrastructure. Cartegraph is integrated with ESRI Geographic Information Systems (GIS) to provide powerful spatial analysis and mapping capabilities. Financial or Budget Considerations The purchase agreement is for three years for a total of $82,500. Each year is $27,500. Legal Considerations The contract with ESRI was reviewed and approved by the city attorney. Equity Considerations ESRI along with Cartegraph can map useful information that will help the City make recommendations that will advance equity. Recommended Action Motion to authorize the Mayor and City Manager to execute a Master Agreement for Product and Services with ESRI. Supporting Documents Esri 2023-2026 Contract 33 34 35 36 37 38 39 40 41 42 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting January 17, 2023 Agenda Item 3E.3. Approve Engagement Letter - Auditing Services for 2022 Fiscal Year Prepared By Sue Virnig, Finance Director Summary Each year the City is required to have a State Legal Compliance Audit performed in accordance with auditing standards established by the Auditing Standards Board and Minnesota Statutes. Staff recommends the authorization for services with Malloy, Montague, Karnowski, Radosevich and Co for 2022 audit services for $52,350. This amount also includes the review for the Housing and Redevelopment Authority. Preliminary fieldwork will begin in February with final fieldwork starting on March 6. Financial or Budget Considerations The 2023 -2024 budget includes $65,855 in the City Council budget under professional services. That amount also includes monies for their share of the fire relief audit. Legal Considerations An audit is legally required yearly. Equity Considerations Outcomes are set from the annual audit. Recommended Action Motion to authorize City Manager and Mayor to sign Engagement Letter and Addendum with the firm of Malloy, Montaque, Karnowski, Radosevich & Co. for the 2022 audit of the City. Supporting Documents 2023 engagement letter Addendum to Golden Valley Engagement Letter 43 44 45 46 47 48 49 50 51 52 53 54 55 56 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting January 17, 2023 Agenda Item 3F. Approve Resolution No. 23-006, Supporting the Authority to Impose a Local Sales Tax to Fund Specific Capital Improvements Prepared By Sue Virnig, Finance Director Summary In order to use Local Option Sales Tax as outlined in the legislative priorities a resolution needs to be passed by January 31 and the following needs to be included: proposed tax rate detailed description of up to five capital projects to be funded with the tax documentation of how each project will provide an economic benefit to residents, businesses and visitors from outside the jurisdiction amount of revenue to be raised and estimated time needed to raise funds estimated length of time the tax will be effect if all proposed projects are approved Financial or Budget Considerations The Local Option Sales Tax will provide additional financing for the capital improvements that out outlined in the resolution Legal Considerations Local Sales Tax action is regulated by the Legislature. Equity Considerations All four pillars will be met with this action. Recommended Action Approve Resolution No. 23-006 Supporting the Authority to Impose a Local Sales Tax to fund specific capital Improvements that provide regional benefit, to establish the duration of the tax and the revenue to be raised by the tax, and to authorize the City of Golden Valley to issue bonds supported by the sales tax revenue. Supporting Documents Resolution No. 23-006 Supporting the Authority to Impose a Local Sales Tax 57 RESOLUTION NO. 23-006 RESOLUTION SUPPORTING THE AUTHORITY TO IMPOSE A LOCAL SALES TAX TO FUND SPECIFIC CAPITAL IMPROVEMENTS THAT PROVIDE REGIONAL BENEFIT, TO ESTABLISH THE DURATION OF THE TAX AND THE REVENUE TO BE RAISED BY THE TAX, AND TO AUTHORIZE THE CITY OF GOLDEN VALLEY TO ISSUE BONDS SUPPORTED BY THE SALES TAX REVENUE WHEREAS,the City of Golden conducted a comprehensive study in 2021 to identify the future needs of its Public Safety and Public Works; and WHEREAS, the study determined that the City’s facilities are outdated and undersized, create inefficiencies, and cannot be effectively remodeled to meet modern standards; and WHEREAS, the City extensively engaged residents and businesses during the study to establish principles, priorities and scenarios to develop a long-term phased approach to address its facility needs; and WHEREAS, the City’s Public Safety operations serve the needs of the surrounding communities through emergency responses and regional collaboration; and WHEREAS, the City’s Public Works operations manage and support a water supply system jointly owned and operated by the cities of Golden Valley, Crystal and New Hope, with water purchased by the City of Minneapolis and stored in reservoirs located in Crystal and Golden Valley; and WHEREAS, the City’s Public Works operations maintain and manage a stormwater management system to protect and enhance the quality of stormwater that drains into the Mississippi River with management from Bassett Creek Water Management Commission which involves nine cites and WHEREAS,following a presentation of the completed facilities study, the City Council identified four areas are needed to be renovated to meet the needs of the City and the region: 1. Downtown Public Safety Facility: The current public safety building does not meet the operational needs for contemporary public safety operations, creating many operational inefficiencies. The current facility does not have gender-equitable locker rooms, suitable dedicated training space for classroom and physical training by police officers and fire fighters, sufficient secure space for vehicles and equipment, adequate workspace for officers and firefighters to complete administrative duties, or space to meet or engage with the public. The building’s structural construction and limited site size limit the ability to modify or expand. ($45M) 2. Public Works Facility: The City’s Public Works Department encompasses four divisions (Parks, Streets, Utilities, Vehicle Maintenance) to maintain local and regional infrastructure, 58 parks, vehicles and buildings. Work includes planned maintenance projects throughout the year, seasonal maintenance and response and emergency repairs. Currently Public Works operates out of four buildings on two different sites. A new public works facility would be moved out of the downtown area toallow more housing options. Public Works operates under a regional approach for mutual aid, works with the Bassett Creek Water Management Commission (9 cities) that works with storm water management, and the Joint Water Commission (3 cities) to maintain a water distribution system with the City of Minneapolis water.Golden Valley has four major trunk highway systems. ($45M) 3. Land: In order for the Public Safety Building to build on the City Campus, land must be purchased to move the Public Works Facility to another site. ($15M) WHEREAS, the projected cost to construct new facilities that meet the needs of the community and the region over a thirty year period exceed $190.5M. WHEREAS, the Minnesota Department of Revenue’s estimate for the City of Golden Valley estimates that a local sales tax of 0.75 percent would generate $3.42 million annually. WHEREAS, the City has provided documentation of the regional significance of each project, including the share of the economic benefit to or use of each project by persons residing, or businesses located, outside of the jurisdiction; and WHEREAS, the estimated local sales tax revenue and estimated time needed to raise that amount of revenue for the project is as follows: •Municipal Facilities as described earlier WHEREAS, Minn. Stat.§ 297A.99 authorizes the imposition of a general sales tax if permitted by special law of the Minnesota Legislature; and WHEREAS, Minn. Stat.§ 297A.99 requires the City to pass a resolution authorizing such a local tax and to obtain Legislative approval prior to approval by the local voters to enact the local tax. NOW, THEREFORE, BE IT RESOLVED THAT the City Council supports the authority to impose a general local sales tax of .75 percent for a period of 30 years to fund the aforementioned project(s). Upon approval of this resolution, the City will submit the adopted resolution and documentation of regional significance to the chairs and ranking minority members of the House and Senate Taxes committees for approval and passage of a special law authorizing the tax, by January 31 of the year that it is seeking the special law. Upon Legislative approval and passage of the special law authorizing the tax, the City will adopt a resolution accepting the new law, which will be filed with a local approval certificate to the Office of the Secretary of State before the following Legislative session. 59 NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the City will put a detailed ballot question(s), which includes separate questions for each project, on a general election ballot for local voter approval. This will be done within two years of receiving legislative authority. If the ballot question passes, the City will also pass an ordinance imposing the tax and notify the Commissioner of Revenue at least 90 days before the first day of the calendar quarter that the tax will be imposed. Upon completion of the aforementioned requirements, the local sales tax will commence and run thirty (30) years or until a sum sufficient to fund the voter approved project(s), including related debt costs, is raised, whichever comes first. Adopted by the City Council of Golden Valley, Minnesota this 17th day of January 2023. __________________________ Shepard M. Harris, Mayor ATTEST: ____________________________ Theresa J. Schyma, City Clerk 60 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting January 17, 2023 Agenda Item 6A. First Consideration of Salt Storage Ordinance No. 757 Prepared By Eric Eckman, Environmental Resources Supervisor Drew Chirpich, Water and Natural Resources Specialist Summary In response to changing federal regulations, the Minnesota Pollution Control Agency (MPCA) reissued its Municipal Separate Storm Sewer System (MS4) Permit in 2020. The City applied for and received permit coverage under the new permit in October 2021. As part of the MPCA’s permit approval, the City is required to make updates to its comprehensive stormwater management program, including its regulatory mechanisms that help the City enforce its stormwater requirements to ensure the protection of its water resources. One of the new federal requirements that must be included in City code involves the storage of salt at commercial, industrial, and institutional facilities. This would impact any property owner or manager that has a stockpile or container of salt in their parking lot for use throughout the winter. Studies show that chlorides and other winter deicing chemicals can have a negative impact on our water resources including the plants and animals that live in those environments and the economies and people that rely on those environments. Proper storage and handling of salt and other winter deicers can help reduce the negative impacts. In order to comply with these regulations, the City is proposing to add this ordinance to the Environment and Nuisances Chapter of City code. This ordinance is based upon the U.S. Environmental Protection Agency rules, the MPCA MS4 Permit and guidance documents. The City Attorney, Planning Manager, Public Works Director, and City Engineer have all reviewed the ordinance. This is the first consideration of this ordinance. The second consideration of the ordinance is scheduled for February 7, 2023. Financial or Budget Considerations Staff will incorporate this work into its existing duties and work within its existing budget to provide the necessary education, outreach, and enforcement to ensure compliance with the new ordinance. Staff will monitor its time and resources during the first year the ordinance is in effect and may request additional resources in the future as necessary. 61 Legal Considerations The City Attorney has reviewed the proposed ordinance. Equity Considerations The City's work to regulate salt storage and transfer fits within the unbiased programs and services pillar of the City's Equity Plan. The City's ordinance is unbiased when it supports education, outreach, and enforcement of environmental regulations that provide intentional access to clean water and health equity regardless of social identity. According to the Centers for Disease Control and Prevention, health equity means that everyone has the opportunity to achieve their greatest level of health, despite social, economic, or environmental factors. Historic and present policies and decisions created disparate impacts, including environmental degradation and health impacts, for Black, Indigenous, People of Color and people of lower socioeconomic status. Hennepin County data show that communities of color, low-income families, and residents with disabilities contribute least to the problem of environmental pollution but are the most exposed to and at risk from negative environmental impacts. In accordance with the City's commitment to providing unbiased programs and services, this ordinance seeks to help mitigate those risks and disparities. Recommended Action Motion to adopt the first consideration of Ordinance No. 757 adding Section 10-5 Salt Storage at Commercial, Industrial, and Institutional Facilities to City Code Chapter 10 Environment and Nuisances. Supporting Documents Ordinance No. 757 - Salt Storage 62 ORDINANCE NO. 757 AN ORDINANCE AMENDING THE CITY CODE Adding Section 10-5:Salt Storage at Commercial, Industrial, and Institutional Facilities The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 10 Environment and Nuisances, Article I. In General, Section 10-5.Salt Storage at Commercial, Industrial, and Institutional Facilities is hereby added: Sec. 10-5. Salt Storage at Commercial, Industrial, and Institutional Facilities. (a)Purpose.Negative environmental impacts may occur when salt and other deicers are not properly stored and transported. Proper utilization and management of deicing materials is critical to reduce environmental impacts of related practices to the maximum extent practicable. (b)Definitions.The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Anti-icing. The application of a liquid deicer prior to the onset of a snow event. Best Management Practice.Structural, vegetative, or managerial practices used to treat, prevent, or reduce pollution. Bulk Deicer Storage. Storage of any material used for deicing and/or traction during winter conditions that is more than one ton in solid form (or 250 gallons in liquid form). Deicer.Any substance used to melt snow and ice or used for its anti-icing effects. (c)Applicability. This section applies to all indoor and outdoor bulk deicer storage facilities (temporary or permanent) including salt piles, salt bag storage, sand piles, and other storage of deicing materials. (d)General Regulations. (1)Indoor operations for the storage of deicing materials must be provided wherever possible in order to prevent such material from being affected by rain, snow, and melt water. (2) All salt, sand, and other deicing materials stored outdoors must be covered at all times. When not using a permanent roof, a waterproof impermeable, flexible cover must be placed over all storage piles. The cover must prevent runoff and leachate from being generated by the outdoor storage piles. The cover must be secured to prevent removal by wind or other storm events. Piles must be formed in a conical shape and covered as necessary to prevent leaching. Deicer must be stored away from catch basins and other facilities conveying stormwater. Additional perimeter control may be required to ensure no deicing materials slough or are carried away by stormwater. (3) Storage Facility Siting. a. The facility must be in close proximity to the area in which the deicing materials are to be used, if practical. 63 b. Each facility must be located outside of floodplains and at least 50 feet from lakes, rivers, streams, ditches, storm drains, manholes, catch basins, wetlands, and any other areas likely to absorb runoff. A facility must not be located in close proximity to surface water features, water supplies, wells or drywells. c. A facility must be located on impermeable surfaces. d.The property’s slope must be away from the facility’s salt, deicer, and sand storage area. e. Salt vulnerable natural areas should be avoided as storage facilities to the extent possible. Where they cannot be avoided, specific measures should be instituted to protect vulnerable areas. Salt vulnerable areas include, but are not limited to: 1. Areas with salt sensitive vegetation 2. Areas serving as a source of drinking water (surface water and groundwater) 3. Areas with bodies of water with low dilution, low volume, or salt sensitive species 4. Areas associated with groundwater recharge zones or shallow water table, with medium to high permeable soils. (4) Snow Piles.Snow piles must be located downslope from salt and deicer storage areas to prevent the snow melt from flowing through storage areas and carrying material to the nearest drainage system or waterway. (5) Deicer Truck Wash Water. Deicer and salt-containing truck wash water must be captured, treated, and recycled for use as salt-brine in pre-wetting and anti-icing activities. (6) Transfer of materials.Practices must be implemented in order to reduce exposure (e.g., sweeping, diversions, and/or containment) when transferring salt or other deicing material. (e)Penalty. Any person violating this section shall be guilty of a petty misdemeanor. Section 2. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 7th day of February, 2023. Shepard M. Harris, Mayor ATTEST: Theresa Schyma, City Clerk 64 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting January 17, 2023 Agenda Item 6B. First Consideration of Updated Stormwater Management Ordinance No. 758 Prepared By Eric Eckman, Environmental Resources Supervisor Drew Chirpich, Water and Natural Resources Specialist Summary The City of Golden Valley has a stormwater management ordinance that was last updated in 2015. The ordinance is the regulatory mechanism that helps the City 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 2020. The City applied for and received permit coverage under the new permit in October 2021. As part of the MPCA’s permit approval, the City is required to make updates to its comprehensive stormwater management program, including its Stormwater Management ordinance, to comply with federal regulations. Updates to the City’s Stormwater Management Ordinance are based upon the U.S. Environmental Protection Agency rules, the MPCA Construction Stormwater Permit, the MPCA MS4 Permit and guidance documents, guidance from the Minnesota Cities Stormwater Coalition, the Wetland Conservation Act, the City’s 2040 Comprehensive Plan, and the Bassett Creek Watershed Management Commission (BCWMC) policies. The City Attorney, Planning Manager, and City Engineer have all reviewed the ordinance. Major revisions to the ordinance include the following: 1. Post-Construction Stormwater Management – deleting language from the previous MPCA MS4 permit and adding language from the new MPCA MS4 Permit. This includes updated requirements for new development, redevelopment, and linear projects (such as street reconstruction), and limitations and exceptions to the requirements. 2. General Performance Standards a. Updating and clarifying Buffer requirements consistent with state regulations, BCWMC requirements, and the City’s Comprehensive Plan. b. Adding wetland provisions consistent with BCWMC policies. 3. Maintenance of Private Stormwater Management Facilities – adding language from the new 65 MPCA MS4 Permit and BCWMC policies. 4. Requiring a stormwater permit for installation of aerators, fountains, or similar water moving devices in private stormwater management facilities (such as ponds). This is the first consideration of this ordinance. The second consideration of the ordinance is scheduled for February 7, 2023. Financial or Budget Considerations Staff will incorporate this work into its existing duties and work within its existing budget to provide the necessary education, outreach, and enforcement to ensure compliance with the new ordinance. Staff will monitor its time and resources during the first year the ordinance is in effect and may request additional resources in the future as necessary. Legal Considerations The City Attorney has reviewed the proposed updates to this ordinance. Equity Considerations The City's work to regulate stormwater and runoff fits within the unbiased programs and services pillar of the City's Equity Plan. The City's ordinance is unbiased when it supports education, outreach, and enforcement of environmental regulations that provide intentional access to clean water and health equity regardless of social identity. According to the Centers for Disease Control and Prevention, health equity means that everyone has the opportunity to achieve their greatest level of health, despite social, economic, or environmental factors. Historic and present policies and decisions created disparate impacts, including environmental degradation and health impacts, for Black, Indigenous, People of Color and people of lower socioeconomic status. Hennepin County data show that communities of color, low-income families, and residents with disabilities contribute least to the problem of environmental pollution but are the most exposed to and at risk from negative environmental impacts. In accordance with the City's commitment to providing unbiased programs and services, this ordinance seeks to help mitigate those risks and disparities. Recommended Action Motion to adopt the first consideration of Ordinance No. 758 amending Chapter 107 of the Golden Valley City Code to update language regarding the City's stormwater management. Supporting Documents Ordinance No. 758 - Stormwater Management Chapter 107 Storm Water Management Clean 66 ORDINANCE NO. 758 AMENDMENT OF THE CITY CODE RELATING TO PART II – LAND DEVELOPMENT, CHAPTER 107 STORMWATER MANAGEMENT The City Council of the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 107, Stormwater Management, Section 107-1 Statutory Authorization and Purpose (d) is hereby amended as follows: (d) This chapter is intended to meet the current construction site erosion , and sediment, and waste control, and post-construction stormwater management regulatory requirements for construction activity and small construction activity (NPDES permit) as defined in 40 CFR 122.26(b)(14)(x) and (b)(15), respectively. Section 2. City Code Chapter 107, Stormwater Management, Section 107-2. Definitions and General Provisions. (a) Definitions. “Final Stabilization” is hereby amended as follows: Final Stabilization: The establishment of permanent cover on the entire site. Final stabilization may include, but is not limited to, installation of vegetated areas, landscaped areas, paved surfaces, retaining walls, sewer and water valves adjusted to final grade, and compliance with any and all associated permit requirements, such as submission of as-built surveys. Section 3. City Code Chapter 107, Stormwater Management, Section 107-4. City Stormwater Management Permit. (a) Activities requiring a City Stormwater Management Permit. (1) (h) is hereby amended as follows: h. Construction, expansion or modification of a stormwater management facility or stormwater BMPs, including but not limited to installation of aerators, fountains, or similar water moving devices. Section 4. City Code Chapter 107, Stormwater Management, Section 107-4. City Stormwater Management Permit. (b) Application Submittal Requirements. (5) is hereby amended as follows: (5) Stormwater management plan and narrative. Plans must be prepared to City standards and the standards of BCWMC, MCWD, and MPCA, if applicable. For construction sites equal to or greater than one acre or if a project is part of a common plan of development or sale that will collectively ultimately disturb greater than one acre, plans must be submitted that: For construction sites equal to or greater than one acre, including projects less than one acre that are part of a larger common plan of development or sale, plans must be submitted that: a. Meet the requirements of Part III and Part IV of the NPDES construction stormwater permit issued by the Minnesota Pollution Control Agency, as amended. 67 b. Meet the post-construction stormwater management requirements listed in Section 107-5. Section 5. City Code Chapter 107, Stormwater Management, Section 107-4. City Stormwater Management Permit. (c) Application Review Process and Permit Approval . (2) is hereby amended as follows: (2) Permit Review and Decision. When the City and the appropriate watershed management organizations review permit applications, or development proposals,. Tthe Administrator shall notify the applicant of permit approval or denial within 60 days of receipt of a complete application. Section 6. City Code Chapter 107, Stormwater Management, Section 107-4. City Stormwater Management Permit. (d) Performance Standards for Construction Site Stormwater Runoff Control. (5) is hereby amended as follows: (5) Projects with land disturbing and on-site activities equal to or greater than one acre or if a project is part of a common plan of development or sale that will ultimately disturb greater than one acres, including projects less than one acre that are part of a larger common plan of development or sale, shall meet the requirements of the Part III and Part IV of the NPDES construction stormwater permit issued by the Minnesota Pollution Control Agency, as amended, for erosion and sediment controls and waste controls. Section 7. City Code Chapter 107, Stormwater Management, Section 107-4. City Stormwater Management Permit. (e) Applicant Responsibilities. (1)(b) is hereby amended as follows: b. Project complete inspection: when the project is complete, including, but not limited to, final grading, installation of all stormwater management facilities, removal of all temporary erosion and sediment control BMPs, and completion of final stabilization measures are complete. One-year warranty begins after inspector approves project. Section 7. City Code Chapter 107, Stormwater Management, Section 107-4. City Stormwater Management Permit. (f) Financial Security. (1) is hereby amended as follows: (1) Amount and Type. The applicant shall provide security for the performance of work to provide all temporary and permanent erosion and sediment control measures , and including final stabilization, described and delineated in the approved permit in an amount not less than 125 percent of the approved estimated cost of performing the described work. The type of the security shall be one or a combination of the following to be determined by the Administrator: Section 8. City Code Chapter 107, Stormwater Management, Section 107-5. Post- Construction Stormwater Management. is hereby amended as follows: 68 Sec. 107-5. Post-Construction Stormwater Management. (a) The following projects must include a site plan with post-construction stormwater management BMPs that meet the requirements of this chapter and are designed, constructed, and maintained in accordance with the NPDES construction stormwater permit: (1) New development and redevelopment projects with land disturbance of greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale. (2) Nonresidential development and redevelopment projects greater than one-half acre and less than one acre that, at the time of permitting application, discharge stormwater through their private systems directly to a surface water without being routed through do not drain to a stormwater management facility or BMP onsite or on an adjacent property authorized by the adjacent property owner through a recorded easement and maintenance agreement. (b) Rate control. Post-construction stormwater runoff rates must not exceed pre-project rates for the two-, 10-, and 100-year 24-hour precipitation events. (c) Volume control. New development and redevelopment projects on sites without prohibitions that create one or more acres of new or fully reconstructed impervious surfaces shall capture and retain 1.1 inches of runoff from the sum of the new impervious surface and the fully reconstructed impervious surface. (cd) Design. Stormwater volume control techniques and green infrastructure practices, including, but not limited to, infiltration, evapotranspiration, reuse/harvesting, conservation design, urban forestry, and green roofs, must be considered firstshall be given preference as design options, provided they are consistent with City zoning, subdivision, and planned unit development requirements, and sanitary sewer inflow and infiltration reduction requirements. (e) Site Location. Above ground (surface) post-construction stormwater management BMPs are the preferred design option. Below ground (subsurface) shall be allowed only if: (1) the project is a redevelopment; and (2) in the opinion of the City, no above ground design option is practicable. (def) The minimal impact design standards (MIDS) and performance goals developed under and pursuant to Minn. Stats. § 115.03, subd. 5c, along with the MIDS calculator and design sequence flowchart, and design criteria in the Minnesota Stormwater Manual, is the recommendedpreferred method for achieving the post-construction stormwater management requirements described in this chapter, consistent with BCWMC requirements. (e) For new development projects there shall be no net increase from pre-project conditions (on an annual average basis) of: 69 (1) Stormwater discharge volume, unless precluded by the stormwater management limitations in Subsection (g) of this section. (2) Stormwater discharges of total suspended solids (TSS). (3) Stormwater discharges of total phosphorus (TP). (f) For redevelopment projects there shall be a net reduction from pre-project conditions (on an annual average basis) of: (1) Stormwater discharge volume, unless precluded by the stormwater management limitations in Subsection (g) of this section. (2) Stormwater discharges of TSS. (3) Stormwater discharges of TP. (g) Stormwater management limitations and exceptions. (1) Limitations. a. Infiltration Prohibited. The use of infiltration techniques areis prohibited when the infiltration structural stormwater BMP will receive discharges from, or be constructed in, the following areas: 1. Where industrial facilities are not authorized to infiltrate industrial stormwater under an NPDES/SDS industrial stormwater permit. 2. Where vehicle fueling and maintenance occur. 3. Where less than three feet of separation from the bottom of the infiltration system to the elevation of the seasonally saturated soils, groundwater, or the top of bedrock exists. 4. Where high levels of contaminants in soil or groundwater will be mobilized by infiltrating stormwater. 5. Within 25 feet of a sanitary sewer pipe due to the possibility of inflow and infiltration of clear water into the sanitary sewer system. b. Infiltration Restricted. The use of infiltration techniques will be restricted when the infiltration device will be constructed in areas: 61. In an area Wwith predominately Hydrologic Soil Group D (clay) soils. 27. Within 1,000 feet up-gradient, or 100 feet down-gradient of active karst features. 38. In an Emergency Response Area (ERA) wWithin a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, Subp. 13 , classified as moderate vulnerability unless the applicant performs a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater. 70 9. In an ERA within a DWSMA classified as high or very high vulnerability as defined by the Minnesota Department of Health. 10. Outside of an ERA within a DWSMA classified as high or very high vulnerability unless the applicant performs a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater. 411..Where soil infiltration rates are more than 8.3 inches per hour unless soils are amended to slow the infiltration rate below 8.3 inches per hour . cb. Linear Projects. 1. Linear projects on sites where infiltration is not prohibited or restricted that create one acre or more acresgreater of new a 1. nd/or fully reconstructed impervious surfaces, shall capture and retain the larger of the following: 1.1 inches of runoff from the net increase in impervious surface; or, 0.55 inches of runoff from the sum of the new and fully reconstructed impervious surface. meet the requirements of Subsection (e) of this section for the increase in impervious surface. 1. 2. Linear projects on sites where infiltration is prohibited or restricted that create one acre or greater of fully reconstructed surface, shall meet the requirements of Subsection (f) of this section for the impervious surface. 23. Mill and overlay and other resurfacing activities are not considered fully reconstructed. 34. Where the entire water quality volume cannot be treated within the existing right-of-way, Aa reasonable attempt must be made to obtain additional right-of-way, property, or easements during the project planning process for volume control practices. Volume reduction practices must be considered first. Volume reduction practices are not required if the practices cannot be provided cost effectively. If additional right-of-way, property, or easements cannot be obtained, owners of the construction activity must maximize the treatment of the water quality volume prior to discharge to the City’s storm sewer system and surface waters. For linear projects where the lack of right-of-way or property precludes the installation of volume control practices to meet Subsection (g)(1)bc.1 or 2 of this section, exceptions as described in Subsection (g)(2) of this section can be applied. (2) Exceptions. A lesser volume control standard on the site of the original construction activity may be applied, at the discretion of the City, under the following circumstances: a. The permittee or owner of the construction site is precluded from infiltrating stormwater due to limitations under Subsection (g)(1)a, b or c of this section; and 71 b. The permittee or owner of the construction site implements volume reduction techniques, other than infiltration, on the site of the original construction activity that reduce stormwater discharge volume but may not meet the requirements of post-construction stormwater management; and,. c. The permittee or owner records all attempts of infeasibility, and the treatment of the water quality volume is maximized prior to discharge to the City’s storm sewer system and surface waters. (h) Mitigation. There may be circumstances where If the City determines that the permittee or owner of a construction site cannot cost effectively meet the water quality conditions for post-construction stormwater management for TSS and/or TP on the site of the original construction activity. For this purpose, the City or permittee/owner shall identify locations where mitigation projects can be completed. Any stormwater discharges of TSS and/or TPThe remaining water quality volume not addressed on the site of the original construction activity must be addressed through mitigation and, at a minimum, shall ensure the following requirements are met: (1) Mitigation project areas are selected in the following order of preference, with consultation and approval of the City: a. Locations that yield benefits to the same receiving water that receives runoff from the original construction activity. b. Locations within the same Department of Natural Resource (DNR) catchment area as the original construction activity. c. Locations in the next adjacent DNR catchment area upstream. d. Locations anywhere within the City. (2) Mitigation projects must involve the creation of new structural stormwater BMPs or the retrofit of existing structural stormwater BMPs, or the use of a properly designed regional structural stormwater BMP. (3) Routine maintenance of structural stormwater BMPs already required by this chapter cannot be used to meet the mitigation requirements. (4) Mitigation projects shall be completed within 24 months after the start of the original construction activity. (5) The City shall determine, and document, who is responsible for long-term maintenance on all mitigation projects,. including the establishment of maintenance agreement(s) between the City and owners of structural stormwater BMPs not owned or operated by the City. (6) If the City receives payment from the owner and/or permittee for mitigation purposes in lieu of the owner or permittee meeting the conditions for post-construction stormwater management, the City shall apply any such payment received to a public stormwater project, and all projects must be in compliance with this chapter. 72 Section 9. City Code Chapter 107, Stormwater Management, Section 107-6. General Performance Standards. is hereby amended as follows: Sec. 107-6. General Performance Standards. (a) Freeboard. The elevation separation of buildings with respect to lakes, streams, ponds, basins, wetlands, and stormwater management facilities shall conform to the following: (1) All new and existing structures and uses located in the floodplain are subject to Section 113-125. (2) For structures and uses located outside the floodplain, the following shall apply: The lowest floor elevation of all new principal and accessory structures, and additions to existing structures, shall be at least two feet above the calculated high water level of adjacent wetlands, basins, ponds, and stormwater management facilities, or be structurally floodproofed in accordance with Section 113-125. Calculated high water levels shall be determined by the City based on the relevant Federal, State, BCWMC, and City studies. (b) Setbacks. New principal and accessory structures, and additions to existing structures, shall be set back 25 feet from the following features: (1) A delineated wetland edge. (2) The top of bank of a pond, filtration basin, infiltration basin, as determined by the Administrator unless such a feature is incorporated into the architectural design of the building and the construction plans are prepared and signed by a licensed structural engineer. (c) Buffers. (1) Native or natural vegetation buffers must be established or preserved in accordance with this chapter and the requirements of the BCWMC. (2) The buffer zone widths are as follows: a. Streams. Ten feet or 25 percent of the distance between the ordinary high water level and the nearest existing principal or accessory structure, whichever is less. b. Wetlands. Based on a Minnesota Routine Assessment Methodology (MnRAM) classification or similar classification system, buffer widths will be as follows (measured from the delineated wetland edge): 1. Preserve: 75 feet average and minimum of 50 feet. 2. Manage 1: 50 feet average and minimum of 30 feet. 3. Manage 2 or 3: 25 feet average and a minimum of 15 feet. c. Lakes. Minimum of 1510 feet in width measured from the OHWL. d. Stormwater Management Facilities. Buffers shall extend from the normal water level, or bottom of a dry basin, up to the top of bank of the stormwater 73 management facility, as determined by the Administrator, and shall be a minimum of 10 feet in width. (3) The following standards shall guide the protection, creation or restoration of buffers to achieve the goals and policies of the City's Surface Water Management Plan. The Administrator may modify or waive standards depending on each project site and goals for the water body. a. The use of a meandering buffer strip to maintain a natural appearance is encouraged in areas of flat topography. b. An access corridor, not to exceed 20 feet in width or 20 percent of the buffer edge, whichever is less, is permitted. c. Accessory structures intended to provide access to wetlands such as retaining walls, stairways and docks are permitted in the access corridor so long as they conform with State regulations, BCWMC requirements, and other applicable chapters of City code. 1. Retaining walls and stairways must be constructed with natural materials, or materials with a natural appearance, and generally blend with the surrounding landscape. d. The City may require that the a buffer may be placed in a conservation easement. 1. For new development and redevelopment projects involving the platting or subdivision of land abutting or adjacent to a lake, wetland or stream, the City shall require that the buffer be placed in a conservation easement. e. Monuments identifying the conservation easement, designed in accordance with City standards, should be placed every 100 feet to delineate the buffer edge and at intersections with property lines. f. Buffer strip vegetation should be appropriate tofor the site conditions and goals for the water body. Where acceptable natural vegetation exists in buffer strip areas, the retention of such vegetation in an undisturbed state is preferred. (d) Wetlands. (1) The City generally follows the hydrologic guidelines and standards for bounce (difference between the peak flood elevation and the normal wetland elevation), inundation (time that flood waters temporarily stored in the wetland exceed the normal wetland elevation), and runout control (elevation of the outlet) listed in MnRAM Wetland Management Classification System Table 1.1 Recommended Wetland Management Standards found on the Minnesota Board of Water and Soil Resources website. (2) Runoff. New concentrated discharge or higher rates of runoff into a wetland without the installation of post-construction stormwater management BMPs shall be prohibited. 74 (3) Outside Storage. Wetlands and their required buffers shall not be used for outside storage of household or personal items, lawn equipment, furniture, parts, yard waste, and the like. (4) Impervious Surface. Wetlands and their required buffers shall be kept free of impervious surfaces excluding public roads, trails, bridges, and recreational facilities. (5) Access. Structures intended to provide access across a wetland, including but not limited to stairways, docks, bridges, and boardwalks, shall be prohibited unless a permit is obtained in conformance with State regulations, BCWMC requirements, and other applicable chapters of City code. (6) Structures. Structures that are not intended to provide access to wetlands, such as fences, walls, and play equipment shall not be located on wetlands. (7) In scenarios of unavoidable wetland impact where replacement is proposed, replacement shall occur in the following order: a. Replacement on site. b. Replacement within subwatershed. c. Replacement within watershed. d. Replacement within the City. e. Purchase of wetland bank credits within County and Bank Service Area pursuant to Minnesota Rules, Chapter 8420. (e) Maintenance of private stormwater management facilities. (1) No private stormwater management facilities may be approved unless a maintenance plan is provided and is consistent with City and/or BCWMC and MCWD standards. All such facilities shall be inspected annually or more often, with reports submitted to the City, and maintained in proper condition consistent with the performance standards for which they were originally designed. (2) Owners of private stormwater management facilities shall enter into an agreement with the City describing responsibility for the long-term inspection, operation and maintenance of the facilities. Such responsibility shall be documented in a maintenance plan and executed through a maintenance agreement. The maintenance agreement shall be recorded against the parcel. The stormwater maintenance agreement shall be in a form approved by the City and shall describe the inspection and maintenance obligations of this section, and shall, at a minimum: a. Designate the owner of the private facility, which shall be permanently responsible for the maintenance of the structural stormwater BMP. b. Run with the land and pass the responsibility for such maintenance to successors in title. c. Grant the City and its representatives the right of entry for the purposes of inspecting all private stormwater management facilities. 75 d. Allow the City the right to repair and maintain the facility, and assess costs if necessary maintenance is not performed after proper and reasonable notice to the owner. e. Protect and preserve private stormwater management facilities. If the private stormwater management facility changes causing decreased effectiveness, then a new, repaired, or improved facility must be implemented to provide equivalent treatment to the original BMP. f. Include a requirement to provide and follow a Chloride Management Plan addressing the use of chloride on the site, type of deicer to be used, personnel certified for chloride application, rate of application for the site, and a map showing snow storage areas and sensitive areas to avoid application. The chloride management plan shall be updated annually. (f) Aerators, fountains, or similar water moving devices. A permit may be issued to install and operate such devices within a privately-owned and maintained stormwater management facility or BMP, provided the following requirements are met: (1) Stormwater management facility or BMP must have at least 5 feet of permanent depth where the device is installed. (2) At least 75% of all property owners abutting the water body approve of the device, as evidenced by signatures on a petition submitted to the City. If the property owner is a common interest community, at least 75% of all unit owners shall approve of the device. (3) Submittal of device/system specifics, documentation showing no negative water quality impacts to water body or downstream water bodies, documentation of qualified professional installer, maintenance and removal plan. (4) No more than one horsepower motor or pump. (5) Hours of operation are limited to 7am-10pm. (6) Device shall only be operated between April 15 and October 15. (7) Administrator may limit lighting, height, and width of spray. (8) A permit is required for each stormwater management facility or BMP. (9) Permit must be renewed each year. Section 10. City Code Chapter 107, Stormwater Management, Section 107-7. Stormwater and Urban Runoff Pollution Control. (b) Illegal Discharges and Illicit Connections. (1) is hereby amended as follows: (1) No person shall cause any illegal discharge to enter the municipal stormwater system unless such discharge consists of non-stormwater that is authorized by an NPDES point source permit obtained from the MPCA or is associated with firefighting activitiesan exempt activity listed in section (b)(2) below . 76 Section 11. City Code Chapter 107, Stormwater Management, Section 107-7. Stormwater and Urban Runoff Pollution Control. (c) Good Housekeeping Provisions. (1) and (2) are hereby amended as follows: (1) Chemical or Septic Waste. No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or septic waste or pathogenic bacteria or viruses in an area where discharge to streets or storm drain systems may occur. This chapter shall apply to both actual and potential discharges. For swimming pools, the chlorination system should be suspended for seven days to allow for chlorine to evaporate , or the property owner may provide test results to the City showing the swimming pool water is fully dechlorinated, before discharge to the owner's property or into the storm sewer system. (2) Runoff Minimized. Runoff of water from residential an owner’sall property shall be minimized to the maximum extent practicable. Runoff of water from the washing down of paved areas in commercial or industrial property is prohibited unless necessary for health or safety purposes and not in violation of any other provision of the City Code. Section 12. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the Golden Valley City Council this 7th day of February 2023. ______________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 77 PART II - LAND DEVELOPMENT Chapter 107 STORMWATER MANAGEMENT Golden Valley, Minnesota, Code of Ordinances Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 1 of 20 Chapter 107 STORMWATER MANAGEMENT Sec. 107-1. Statutory Authorization and Purpose. (a)Statutory authorization. The ordinance from which this chapter is derived is adopted pursuant to the authorization and policies contained in Minn. Stats. chs. 103B and 462; Minnesota Rules 6120.2500— 6120.3900, Minnesota Rules chapters 8410, 8420 and 7050.0210. (b)Findings. The City finds that uncontrolled stormwater runoff and construction site erosion from land development and land disturbing activities can have significant adverse impacts upon local and regional water resources, diminishing the quality of public health, safety, public and private property and natural resources of the community. (c)Purpose. The general purpose of this chapter is to establish regulatory requirements for land development and land disturbing activities aimed at minimizing the threats to public health, safety, public and private property and natural resources within the community resulting from construction site erosion and post- construction stormwater runoff, and illicit connections. (d)This chapter is intended to meet the current construction site erosion, sediment, and waste control, and post-construction stormwater management regulatory requirements for construction activity and small construction activity (NPDES permit) as defined in 40 CFR 122.26(b)(14)(x) and (b)(15), respectively. (e)This chapter is intended to meet the minimal impact design standards (MIDS) developed under Minn. Stats. § 115.03, subd. 5c and the requirements of the Bassett Creek Watershed Management Commission. (Code 1988, § 4.31(1); Ord. No. 198, 2nd Series, 5-13-1999; Ord. No. 428, 2nd Series, 5-14-2010; Ord. No. 545, 2nd Series, 3-26-2015) Sec. 107-2. Definitions and General Provisions. (a)Definitions.The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning. Terms not defined in this subsection shall have the meaning customarily assigned to them as a matter of general usage. For the purposes of this chapter, the terms "must" and "shall" are mandatory and not permissive. Administrator:The individual responsible for overseeing the requirements of the City Code for purposes of this chapter; the Administrator shall be the City Manager or his/her designee. Alteration:Any change or modification of land, water, vegetation or existing structures. Applicant:A permittee, or any person or entity that applies for any permit for a project that includes a land disturbing activity. The term "applicant" also means that person's agents, employees, and others acting under that person's direction. Bassett Creek Watershed Management Commission or BCWMC:The watershed management organization established by a joint powers agreement between nine member cities including the City of Golden Valley. The BCWMC is responsible for managing water resources within the 40-square-mile Bassett Creek watershed. Most of the City of Golden Valley is located within the Bassett Creek watershed. Best Management Practices or BMPs:Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of 78 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 2 of 20 surface water, including construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated areawide planning agencies. Examples of BMPs can be found in Protecting Water Quality in Urban Areas, Minnesota Pollution Control Agency, 2000, Minnesota Urban Small Sites BMP Manual, Metropolitan Council, 2001, State of Minnesota Stormwater Manual, MPCA, Stormwater Management for Construction Activities: Developing Pollution Prevention Plans and Best Management Practices, U.S. Environmental Protection Agency, 1992, and Erosion and Sediment Control Handbook, Minnesota Department of Transportation, 2013, as these documents may be amended from time to time. Calculated High Water Level:The peak surface water elevation calculated to have a one percent chance of occurring in any given year using Atlas 14 precipitation data. Development:The construction, installation or alteration of any structure; the extraction, filling, clearing or other alteration of land or vegetation; the change of cross section of any water body or watercourse; the subdivision of land pursuant to the City Code. Earth Material:Any rock, natural soil or fill or combination thereof. Erosion:The wearing away of soil by rainfall, surface water runoff, wind, or ice movement. Erosion Control:Methods employed to prevent erosion. Examples include soil stabilization practices, horizontal slope grading, temporary or permanent cover, and construction phasing. Final Stabilization:The establishment of permanent cover on the entire site. Final stabilization may include, but is not limited to, installation of vegetated areas, landscaped areas, paved surfaces, retaining walls, sewer and water valves adjusted to final grade, and compliance with any and all associated permit requirements, such as submission of as-built surveys. Floodplain:Those areas within the City which include the beds proper and the areas adjoining Bassett Creek or its tributaries, which have been, or hereafter may be, covered by a regional flood, or as further defined in Section 113-125. Grade:The vertical location of the ground surface. Grading:Any land disturbance or landfill, or combination thereof. Hazardous Materials:Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Illicit Connections: (1)Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system, including, but not limited to, any conveyance which allows any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, except discharges from sump pits, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or (2)Any drain or conveyance connected from a residential, commercial or industrial land use to the storm drain system, which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. Illicit Discharge:Any discharge to the municipal separate storm sewer system that is not composed entirely of stormwater, except for discharges allowed under a NPDES permit. 79 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 3 of 20 Land Disturbance or Land Disturbing Activities:Any land change that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands. This may include, but is not limited to, a disturbance that results in a change in topography, or disturbance of the existing soil cover (both vegetative and non-vegetative). Land disturbing activities include clearing and grubbing, grading, excavating, transporting earth material and filling of land for all new construction and redevelopment. Activities that do not meet the thresholds for projects identified in Section 107-4(a) are not considered land disturbing activities. Linear Projects:Construction or reconstruction of a road, rail, trail, or other transportation route, or the construction, repair, or reconstruction of a utility that is not a component of a larger development or redevelopment project. Examples include road and road widening projects, trails, ditch work, road or rail replacement, and utility installation. Minimum Impact Design Standards (MIDS):Developed by the State Pollution Control Agency to minimize stormwater runoff and pollution and thereby help maintain natural resources health. They are a prerequisite for and guide the selection of best management practices required for each individual site. Minnehaha Creek Watershed District or MCWD:The MCWD issues permits for erosion control and stormwater management in a small area of the City south of Interstate 394 and east of Highway 100. National Pollutant Discharge Elimination System or NPDES Program:The program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act, Sections 301, 318, 402, and 405 and 33 CFR 1317, 1328, 1342, and 1345. Owner:Includes fee owner, contract purchaser, and lessee for whom construction is being undertaken. Permanent Cover:Final stabilization. Examples include grass, native vegetation, landscape rock, mulch, asphalt, and concrete. Permit:An official document or certificate issued by the City authorizing performance of a specified activity. Permittee:An applicant or any person or entity who signs the application submitted to the City and is responsible for compliance with its terms and conditions. Regional Flood:A flood which is representative of large floods known to have occurred generally in the State, and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval or one percent chance of occurring in any given year using Atlas 14 precipitation data. Redevelopment:For the purposes of determining post-construction stormwater management requirements, any construction activity where, prior to the start of construction, the areas to be disturbed have 15 percent or more of existing impervious surface. Sediment:The product of an erosion process; solid material both mineral and organic, that is in suspension, is being transported, or has been moved by water, air, or ice, and has come to rest on the earth's surface either above or below water level. Sediment Control:Methods employed to prevent sediment from leaving the site. Sediment control practices include silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drainpipe slope drains, storm drain inlet protection, and temporary or permanent sedimentation basins. Site:A parcel of real property owned by one or more than one person, which is being or is capable of being developed as a single project. Soil:The unconsolidated mineral and organic mineral material on the immediate surface of the earth. Stabilized:The exposed ground surface has been covered by staked sod, riprap, wood fiber blanket, or other material, which prevents erosion from occurring. Ground surface which has been seeded is not stabilized. 80 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 4 of 20 Stormwater:Precipitation runoff, stormwater runoff, snowmelt runoff, and any other surface runoff and drainage. Stormwater does not include construction site dewatering and sump discharge. Stormwater Management Facilities:Structural and non-structural components of the stormwater management system associated with the quality and quantity of stormwater runoff. Stormwater Management Plan:A plan which describes how stormwater runoff and associated water quantity and water quality impacts resulting from the proposed development project will be controlled and managed. Stormwater Management System:Public and/or private systems of collecting, conveying, storing and treating stormwater runoff. Stormwater Pollution Prevention Plan or SWPPP:A plan for stormwater discharge that includes erosion prevention measures and sediment controls that, when implemented, will decrease soil erosion on a parcel of land and decrease off-site nonpoint pollution. Sump Discharge:Water that has been filtered through the ground or soil layers resulting in clear water and discharge by a sump pump. Sump discharge is not considered stormwater, but is an acceptance discharge. Surface Waters:All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, and watercourses, whether natural or artificial, public or private. Temporary Erosion Protection:Methods employed to prevent erosion before final stabilization. Examples include erosion netting, wood fiber blanket, wood chips and silt fence. Wetlands:Wetlands are defined in Minnesota Rules 7055.0130, subd. F, and includes those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (b)Responsibility.Neither the issuance of a stormwater management permit nor compliance with its conditions or the provisions of this chapter, shall relieve any person from any responsibility otherwise imposed by law for damages to persons or properties, nor shall the issuance of any permit hereunder serve to impose any liability on the municipality or its officers or employees for injury or damage to persons or property. A permit issued pursuant to this chapter shall not relieve the permittee of the responsibility of complying with any other requirements established by law, regulation or ordinance. (c)Abrogation and Greater Restrictions.It is not the intention of this chapter to repeal or abrogate any existing grading, drainage and erosion control or stormwater management policies or permits issued under this chapter, which permits shall continue in full force and effect; however, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. (d)Compatibility and Compliance with Other Regulations.This chapter is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of this chapter are in addition to the requirements of any other ordinance, rule, regulation or other provision of law, and where any provision of this chapter imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards shall control. (e)Application to All Water Entering System.This chapter shall apply to all water entering the City's stormwater management system from any land within the City. (f)Responsibility for Administration and Waivers.The Administrator shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the Administrator by this chapter may be delegated to persons or entities acting in the interest of the City. The Administrator may waive any 81 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 5 of 20 submittal or administrative requirement that will not adversely affect achievement of the purpose, goals and performance standards of this chapter. (Code 1988, § 4.31(2); Ord. No. 428, 2nd Series, 5-14-2010; Ord. No. 545, 2nd Series, 3-26-2015) Sec. 107-3. Permit Authority for Land Disturbing Activities. (a)City.The City is the permitting authority for land disturbing activities listed in Section 107-4(a) within the boundaries of the BCWMC and the MCWD. The City may issue a stormwater management permit approving land disturbing activities in these areas. (b)Bassett Creek Watershed Management Commission (BCWMC).Although the BCWMC is not a permitting authority, it has the authority to review and approve projects that disturb an area of 10,000 square feet or more, or will result in more than 200 cubic yards of cut or fill, and projects listed in the BCWMC document "Requirements for Improvements and Development Proposals." Such projects must comply with BCWMC guidelines, policies, standards and requirements. The BCWMC will review the applicant's submittal only after the project has received preliminary review by the City indicating general compliance with existing local watershed management plans. (c)Minnehaha Creek Watershed District (MCWD).The MCWD is the permitting authority for land disturbing activities in excess of 5,000 square feet or 50 cubic yards within the MCWD boundaries. In addition, projects meeting criteria listed in the MCWD regulatory rules may also be subject to review and permitting. Where required, the MCWD permit is in addition to a permit required by the City. (d)Minnesota Pollution Control Agency (MPCA).The MPCA is the permitting authority for land disturbing activities requiring an NPDES permit for construction activity, including the requirements for developing and implementing a SWPPP. The NPDES permit is required for construction activity that results in land disturbance of equal to or greater than one acre, or a common plan of development or sale that disturbs greater than one acre, as defined in the NPDES permit. Where required, the NPDES permit is in addition to permits required by the City and the MCWD. (Code 1988, § 4.31(3); Ord. No. 545, 2nd Series, 3-26-2015) Sec. 107-4. City Stormwater Management Permit. (a)Activities requiring a City Stormwater Management Permit. (1)Land disturbing activities that remove soils or vegetation, including, but not limited to, clearing, digging, dredging, draining or filling. Any of the following activities shall require a stormwater management permit: a.Any activities that disturb soils or vegetation in excess of 4,000 square feet. b.Any activity that would involve construction, installation, demolition, modification or expansion of a building foundation wall. c.Construction or demolition of a swimming pool. d.Construction or demolition of a retaining wall of sufficient height to require a building permit. e.Any land disturbing activities within City right-of-way that have a duration greater than 72 hours and are not covered by a right-of-way excavation, utility, or plumbing permit. f.Cutting, filling, disposal, hauling in, or storage of more than 30 cubic yards of soil. 82 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 6 of 20 g.Construction, reclamation, expansion, removal or modification of a parking lot that exposes aggregate base or underlying soils. h.Construction, expansion or modification of a stormwater management facility or stormwater BMP, including but not limited to installation of aerators, fountains, or similar water moving devices. i.Any land disturbing activities within the 100-year floodplain or calculated high water level of any water body, or immediately adjacent to any wetland or public water body, including shoreline restoration and creek bank stabilization. j.Those activities required to meet the standards of the BCWMC as set forth in the current version of BCWMC's "Requirements for Improvements and Development Proposals," as amended from time to time. (2)The following activities may be undertaken without a stormwater management permit: a.Maintenance of existing yards. b.Emergency work to preserve life or property. (b)Application Submittal Requirements.Each City stormwater management permit application shall include two sets of plans and supporting documentation and one electronic copy of the plans and supporting documentation. The following items shall be required with each application, except to the extent waived by the Administrator: (1)Completed application forms and fees required by the City and BCWMC, if applicable. (2)Provision made for financial securities as required in Subsection (f) of this section. (3)Copies of permits or permit applications required by other jurisdictions. (4)Existing site conditions on a certified survey, prepared to City standards and including existing topography, easements, vegetation and drainage. (5)Stormwater management plan and narrative. Plans must be prepared to City standards and the standards of BCWMC, MCWD, and MPCA, if applicable. For construction sites equal to or greater than one acre, including projects less than one acre that are part of a larger common plan of development or sale, plans must be submitted that: a.Meet the requirements of the NPDES construction stormwater permit issued by the MPCA, as amended. b.Meet the post-construction stormwater management requirements listed in Section 107-5. (c)Application Review Process and Permit Approval. (1)Pre-Review.The Administrator shall make a determination regarding the completeness of a permit application within 15 business days of the receipt of the application and notify the applicant if the application is not complete. Incomplete applications may result in automatic denial of the permit. (2)Permit Review and Decision.When the City and the appropriate watershed management organizations review permit applications or development proposals, the Administrator shall notify the applicant of permit approval or denial within 60 days of receipt of a complete application. (3)Permit Approval.Upon approval of the application, the Administrator shall issue a permit. (4)Permit Denial.If the Administrator determines that the application does not meet the requirements of this chapter, the application will be denied. All land use and building permits shall be suspended until the applicant has an approved permit. 83 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 7 of 20 (5)Plan Modifications.The applicant must amend any submitted plans as necessary to include additional requirements, such as additional or modified BMPs designed to correct problems identified, or to address situations whenever: a.There is a change in design, construction, operation, maintenance, weather, or seasonal conditions that has a significant effect on the discharge of pollutants to surface waters or groundwaters. b.Inspections or investigations by site operators, local, state or federal officials indicate the plans are not effective in preventing or significantly minimizing the discharge of pollutants to surface waters or groundwaters or that the discharges are not meeting water quality standards; or c.The plan is not achieving the general objectives of minimizing pollutants in stormwater discharges associated with construction activity. (6)Permit Duration.Permits issued under this chapter shall be valid for the period during which the proposed land disturbing or filling activities and soil storage takes place or is scheduled to take place. The permittee shall commence permitted activities within 60 days of the issuance of the permit for grading or the permittee shall resubmit all required application forms, maps, plans, schedules and security to the Administrator, except where an item to be resubmitted is waived by the Administrator. The permit will expire or terminate when: a.The site has been stabilized and approved by the Administrator; or b.There has been 180 days of inactivity. (d)Performance Standards for Construction Site Stormwater Runoff Control. (1)All grading material and soil however placed on a grading site shall remain within the limits of the grading site and not travel onto adjacent property, streets, or other public or private property as dust, mud, chunks, or otherwise, unless approved by all affected adjacent property owners and the Administrator. (2)All proposed stormwater BMPs must be maintained in accordance with the plans, details and specifications approved by the City. (3)Projects within the BCWMC boundaries that disturb an area of 10,000 square feet or more or will result in more than 200 cubic yards of cut or fill shall meet the current requirements for Construction Erosion and Sediment Control Plans specified by the BCWMC. Projects required to meet water quality standards of the BCWMC shall meet the current design and maintenance requirements for the proposed BMPs as specified by the BCWMC. (4)Projects within the MCWD boundaries that disturb an area of 5,000 square feet or more or will result in more than 50 cubic yards shall meet the erosion and sediment control requirements specified in the current regulatory rules. (5)Projects with land disturbing activities equal to or greater than one acre, including projects less than one acre that are part of a larger common plan of development or sale,shall meet the requirements of the NPDES construction stormwater permit issued by the MPCA, as amended, for erosion and sediment controls and waste controls. (e)Applicant Responsibilities. (1)Inspections.The applicant is responsible for regular inspections and recordkeeping needed to document compliance with the permit requirements. At a minimum, the applicant must inspect the construction project once a week and within 24 hours of a rainfall event of one-half inch or greater in a 24-hour period. The City may conduct inspections as needed to ensure that both erosion and sediment control measures and stormwater BMPs are properly installed and maintained prior to construction, 84 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 8 of 20 during construction, and at the completion of the project. The applicant shall notify the City a minimum of 72 hours prior to the following required City inspections: a.Initial inspection: when all erosion and sediment control BMPs are installed. This inspection must be completed before a building permit can be issued. b.Project complete inspection: when the project is complete, including, but not limited to, final grading, installation of all stormwater management facilities, removal of all temporary erosion and sediment control BMPs, and completion of final stabilization. One-year warranty begins after inspector approves project. c.Warranty inspection: completed one year later to confirm that permanent site stabilization methods have been successful and vegetation, has been established. (2)Reporting.The applicant shall submit reports to the Administrator under the following circumstances and shall submit recommendations for corrective measures, if appropriate, with such reports: a.There are delays of more than seven days in obtaining materials, machinery, services or manpower necessary to the implementation of the Stormwater Management Plan as scheduled. b.There are delays of seven days in land disturbing or filling activities or soil storage. c.The work is not being done in conformance with the approved plans and permit. Any changes to the approved plan must be submitted to the Administrator for review and approval before work can commence. (3)Right of Entry.The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter the construction site. The applicant shall allow the City and its authorized representatives, to: a.Enter the permitted site for the purpose of obtaining information, examining records, conducting investigations or surveys b.Bring such equipment on the site as is necessary to conduct such surveys and investigations c.Examine and copy any books, papers, or digital files pertaining to activities or records required to be kept under the terms and conditions of the permitted site d.Inspect the stormwater pollution control measures e.Sample and monitor any items or activities pertaining to stormwater pollution control measures f.Correct deficiencies in stormwater and erosion and sediment control measures consistent with Subsections (g)(5) and (6) of this section. (f)Financial Security. (1)Amount and Type.The applicant shall provide security for the performance of work to provide all temporary and permanent erosion and sediment control measures, including final stabilization, described and delineated in the approved permit in an amount not less than 125 percent of the approved estimated cost of performing the described work. The type of the security shall be one or a combination of the following to be determined by the Administrator: a.Bond issued by one or more corporate sureties duly authorized to do business in the State. The form of the bond shall be subject to the approval of the City Attorney b.Deposit, either with the Administrator or a responsible escrow agent or trust company at the option of the Administrator, of money, negotiable bonds of the kind approved for securing deposits of public monies, or other instrument of credit from one or more financial institutions subject to regulation by the State or Federal government wherein said financial institution pledges funds are on deposit and guaranteed for payment 85 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 9 of 20 c.Irrevocable letter of credit in a form acceptable to the City Attorney; or d.Cash in U.S. currency. (2)Release.Security deposited with the City for faithful performance of the approved plans and to finance necessary remedial work shall be released one year after final inspection has been approved by the Administrator, provided no action against such security has been filed prior to that date. The City reserves the right to retain all or a percentage of the security for a warranty period at the discretion of the Administrator. (3)Reduction of Security.The Applicant may request a reduction of the security one time within the first 12 months of the issuance of the permit, and thereafter, one time within any 12-month period, which period shall commence on the anniversary date of the issuance of the permit and shall end on the day preceding the anniversary date of the issuance of the permit. (g)Enforcement Actions to Ensure Compliance. (1)Orders.The Administrator may issue an order to modify the approved permit and stipulate a time frame for compliance per Subsection (c)(5) of this section. The applicant shall comply with said order. (2)Permit Suspension.The Administrator shall suspend the permit and issue a stop work order if the Administrator determines that the permit was issued in error, the applicant supplied incorrect information, or the applicant is in violation of any provision of the approved plans, the permit, or this chapter. The Administrator shall reinstate a suspended permit upon the applicant's correction of the cause of the suspension. (3)Construction Stop Work Order.The City Building Official may issue a stop work order for a related building permit if requested by the Administrator. (4)Permit Revocation.If the applicant fails or refuses to cease work as required, the Administrator shall revoke the permit and the applicant shall be subject to enforcement, penalties, and loss of its financial security in accordance with terms of Subsection (g)(6) of this section. The Administrator shall not reinstate a revoked permit. (5)Remedial Corrective Action.The City or a private contractor under contract with the City may conduct remedial or corrective action on the project site or adjacent sites affected by project failure or to implement actions specified in an order to modify plans and permit. The City may charge applicant for all costs associated with correcting failures or remediating damage from the failures according to the order, including, but not limited to, materials, equipment, staff time and attorney's fees. If payment is not made within 30 days, payment will be made from the applicant's financial security or, in the case where no permit was issued, payment will be assessed against the property. (6)Action Against Financial Security.In any of the following circumstances, the City shall use funds from the financial security to finance remedial work undertaken later by the City or a private contractor under contract to the City, and to reimburse the City for all direct costs, including, but not limited to, staff time and attorney's fees: a.The applicant ceases land disturbing activities and/or filling activities prior to completion of the Stormwater Management Plan b.The applicant fails to conform to the Stormwater Management Plan as approved or as modified under this Code, and has had his/her permit revoked under this Code c.The techniques utilized under the Stormwater Management Plan fail within one year of installation, or before final stabilization is implemented for the site or portions of the site, whichever is later 86 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 10 of 20 d.The Administrator determines that action by the City is necessary to prevent excessive erosion from occurring on the site; or e.The applicant fails to establish wetland, stream, or shoreline buffers as described in the stormwater permit. (7)Misdemeanor Violation.Any violation of the provisions of this chapter or failure to comply with any of its requirements shall constitute a misdemeanor. (8)Cumulative Enforcement.The procedures for enforcement of a permit, as set forth in this chapter, are cumulative and not exclusive. (Code 1988, § 4.31(4); Ord. No. 428, 2nd Series, 5-14-2010; Ord. No. 545, 2nd Series, 3-26-2015) Sec. 107-5. Post-Construction Stormwater Management. (a)The following projects must include a site plan with post-construction stormwater management BMPs that meet the requirements of this chapter and are designed, constructed, and maintained in accordance with the NPDES construction stormwater permit: (1)New development and redevelopment projects with land disturbance of greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale. (2)Nonresidential development and redevelopment projects greater than one-half acre and less than one acre that, at the time of permit application, do not drain to a stormwater management facility or BMP onsite or on an adjacent property authorized by the adjacent property owner through a recorded easement and maintenance agreement. (b)Rate control. Post-construction stormwater runoff rates must not exceed pre-project rates for the two-, 10-, and 100-year 24-hour precipitation events. (c)Volume control. New development and redevelopment projects on sites without prohibitions that create one or more acres of new or fully reconstructed impervious surfaces shall capture and retain 1.1 inches of runoff from the sum of the new impervious surface and the fully reconstructed impervious surface. (d)Design. Stormwater volume control techniques and green infrastructure practices, including, but not limited to, infiltration, evapotranspiration, reuse/harvesting, conservation design, urban forestry, and green roofs, must be considered first as design options, provided they are consistent with City zoning, subdivision, and planned unit development requirements, and sanitary sewer inflow and infiltration reduction requirements. (e)Site Location. Above ground (surface) post-construction stormwater management BMPs are the preferred design option. Below ground (subsurface) shall be allowed only if: (1) the project is a redevelopment; and (2) in the opinion of the City, no above ground design option is practicable. (f)The minimal impact design standards (MIDS) and performance goals developed under and pursuant to Minn. Stats. § 115.03, subd. 5c, along with the MIDS calculator and design sequence flowchart, and design criteria in the Minnesota Stormwater Manual, is the preferred method for achieving the post-construction stormwater management requirements described in this chapter, consistent with BCWMC requirements. (g)Stormwater management limitations and exceptions. (1)Limitations. 87 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 11 of 20 a.Infiltration Prohibited.The use of infiltration techniques is prohibited when the infiltration structural stormwater BMP will receive discharges from, or be constructed in, the following areas: 1.Where industrial facilities are not authorized to infiltrate industrial stormwater under an NPDES/SDS industrial stormwater permit. 2.Where vehicle fueling and maintenance occur. 3.Where less than three feet of separation from the bottom of the infiltration system to the elevation of the seasonally saturated soils, groundwater, or the top of bedrock exists. 4.Where high levels of contaminants in soil or groundwater will be mobilized by infiltrating stormwater. 5.Within 25 feet of a sanitary sewer pipe due to the possibility of inflow and infiltration of clear water into the sanitary sewer system. 6.In an area with predominately Hydrologic Soil Group D (clay) soils. 7.Within 1,000 feet up-gradient, or 100 feet down-gradient of active karst features. 8.In an Emergency Response Area (ERA) within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, Subp. 13, classified as moderate vulnerability unless the applicant performs a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater. 9.In an ERA within a DWSMA classified as high or very high vulnerability as defined by the Minnesota Department of Health. 10.Outside of an ERA within a DWSMA classified as high or very high vulnerability unless the applicant performs a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater. 11.Where soil infiltration rates are more than 8.3 inches per hour unless soils are amended to slow the infiltration rate below 8.3 inches per hour. b.Linear Projects. 1.Linear projects on sites where infiltration is not prohibited or restricted that create one or more acres of new or fully reconstructed impervious surfaces, shall capture and retain the larger of the following: 1.1 inches of runoff from the net increase in impervious surface; or, 0.55 inches of runoff from the sum of the new and fully reconstructed impervious surface. 2.Mill and overlay and other resurfacing activities are not considered fully reconstructed. 3.Where the entire water quality volume cannot be treated within the existing right-of-way, a reasonable attempt must be made to obtain additional right-of-way, property, or easements during the project planning process. Volume reduction practices must be considered first. Volume reduction practices are not required if the practices cannot be provided cost effectively. If additional right-of-way, property, or easements cannot be obtained, owners of the construction activity must maximize the treatment of the water quality volume prior to discharge to the City’s storm sewer system and surface waters. For linear projects where the lack of right-of-way or property precludes the installation of volume control practices to meet Subsection (g)(1)b.1 of this section, exceptions as described in Subsection (g)(2) of this section can be applied. (2)Exceptions.A lesser volume control standard on the site of the original construction activity may be applied, at the discretion of the City, under the following circumstances: 88 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 12 of 20 a.The permittee or owner of the construction site is precluded from infiltrating stormwater due to limitations under Subsection (g)(1)a of this section; and b.The permittee or owner of the construction site implements volume reduction techniques, other than infiltration, on the site of the original construction activity that reduce stormwater discharge volume but may not meet the requirements of post-construction stormwater management; and, c. The permittee or owner records all attempts of infeasibility, and the treatment of the water quality volume is maximized prior to discharge to the City’s storm sewer system and surface waters. (h)Mitigation. If the City determines that the permittee or owner of a construction site cannot cost effectively meet the water quality conditions for post-construction stormwater management on the site of the original construction activity, the City or permittee/owner shall identify locations where mitigation projects can be completed. The remaining water quality volume not addressed on the site of the original construction activity must be addressed through mitigation and, at a minimum, shall ensure the following requirements are met: (1)Mitigation project areas are selected in the following order of preference, with consultation and approval of the City: a.Locations that yield benefits to the same receiving water that receives runoff from the original construction activity. b.Locations within the same Department of Natural Resource (DNR) catchment area as the original construction activity. c.Locations in the next adjacent DNR catchment area upstream. d.Locations anywhere within the City. (2)Mitigation projects must involve the creation of new structural stormwater BMPs or the retrofit of existing structural stormwater BMPs, or the use of a properly designed regional structural stormwater BMP. (3)Routine maintenance of structural stormwater BMPs already required by this chapter cannot be used to meet the mitigation requirements. (4)Mitigation projects shall be completed within 24 months after the start of the original construction activity. (5)The City shall determine, and document, who is responsible for long-term maintenance on all mitigation projects, including the establishment of maintenance agreement(s) between the City and owners of structural stormwater BMPs not owned or operated by the City. (6)If the City receives payment from the owner and/or permittee for mitigation purposes in lieu of the owner or permittee meeting the conditions for post-construction stormwater management, the City shall apply any such payment received to a public stormwater project, and all projects must be in compliance with this chapter. (Code 1988, § 4.31(5)) Sec. 107-6. General Performance Standards. (a)Freeboard.The elevation separation of buildings with respect to lakes, streams, ponds, basins, wetlands, and stormwater management facilities shall conform to the following: (1)All new and existing structures and uses located in the floodplain are subject to Section 113-125. 89 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 13 of 20 (2)For structures and uses located outside the floodplain, the following shall apply: The lowest floor elevation of all new principal and accessory structures, and additions to existing structures, shall be at least two feet above the calculated high water level of adjacent wetlands, basins, ponds, and stormwater management facilities, or be structurally floodproofed in accordance with Section 113-125. Calculated high water levels shall be determined by the City based on the relevant Federal, State, BCWMC, and City studies. (b)Setbacks.New principal and accessory structures, and additions to existing structures, shall be set back 25 feet from the following features: (1)A delineated wetland edge. (2)The top of bank of a pond, filtration basin, infiltration basin, as determined by the Administrator unless such a feature is incorporated into the architectural design of the building and the construction plans are prepared and signed by a licensed structural engineer. (c)Buffers. (1)Native or natural vegetation buffers must be established or preserved in accordance with this chapter and the requirements of the BCWMC. (2)The buffer zone widths are as follows: a.Streams.Ten feet or 25 percent of the distance between the ordinary high water level and the nearest existing principal or accessory structure, whichever is less. b.Wetlands.Based on a Minnesota Routine Assessment Methodology (MnRAM) classification or similar classification system, buffer widths will be as follows (measured from the delineated wetland edge): 1.Preserve: 75 feet average and minimum of 50 feet. 2.Manage 1: 50 feet average and minimum of 30 feet. 3.Manage 2 or 3: 25 feet average and a minimum of 15 feet. c.Lakes.Minimum of 15 feet in width measured from the OHWL. d.Stormwater Management Facilities.Buffers shall extend from the normal water level, or bottom of a dry basin, up to the top of bank of the stormwater management facility, as determined by the Administrator, and shall be a minimum of 10 feet in width. (3)The following standards shall guide the protection, creation or restoration of buffers to achieve the goals and policies of the City's Surface Water Management Plan. The Administrator may modify or waive standards depending on each project site and goals for the water body. a.The use of a meandering buffer strip to maintain a natural appearance is encouraged in areas of flat topography. b.An access corridor, not to exceed 20 feet in width or 20 percent of the buffer edge, whichever is less, is permitted. c.Accessory structures intended to provide access to wetlands such as retaining walls, stairways and docks are permitted in the access corridor so long as they conform with State regulations, BCWMC requirements, and other applicable chapters of City code. Retaining walls and stairways must be constructed with natural materials, or materials with a natural appearance, and generally blend with the surrounding landscape. d.The City may require that a buffer be placed in a conservation easement. For new development and redevelopment projects involving the platting or subdivision of land abutting or adjacent to a 90 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 14 of 20 lake, wetland or stream, the City shall require that the buffer be placed in a conservation easement. e.Monuments identifying the conservation easement, designed in accordance with City standards, should be placed every 100 feet to delineate the buffer edge and at intersections with property lines. f.Buffer strip vegetation should be appropriate for the site conditions and goals for the water body. Where acceptable natural vegetation exists in buffer strip areas, the retention of such vegetation in an undisturbed state is preferred. (d) Wetlands. (1) The City generally follows the hydrologic guidelines and standards for bounce (difference between the peak flood elevation and the normal wetland elevation), inundation (time that flood waters temporarily stored in the wetland exceed the normal wetland elevation), and runout control (elevation of the outlet) listed in MnRAM Wetland Management Classification System Table 1.1 Recommended Wetland Management Standards found on the Minnesota Board of Water and Soil Resources website. (2) Runoff. New concentrated discharge or higher rates of runoff into a wetland without the installation of post-construction stormwater management BMPs shall be prohibited. (3) Outside Storage. Wetlands and their required buffers shall not be used for outside storage of household or personal items, lawn equipment, furniture, parts, yard waste, and the like. (4) Impervious Surface. Wetlands and their required buffers shall be kept free of impervious surfaces excluding public roads, trails, bridges, and recreational facilities. (5) Access. Structures intended to provide access across a wetland, including but not limited to stairways, docks, bridges, and boardwalks, shall be prohibited unless a permit is obtained in conformance with State regulations, BCWMC requirements, and other applicable chapters of City code. (6) Structures. Structures that are not intended to provide access to wetlands, such as fences, walls, and play equipment shall not be located on wetlands. (7) In scenarios of unavoidable wetland impact where replacement is proposed, replacement shall occur in the following order: a. Replacement on site. b. Replacement within subwatershed. c. Replacement within watershed. d. Replacement within the City. e. Purchase of wetland bank credits within County and Bank Service Area pursuant to Minnesota Rules, Chapter 8420. (e) Maintenance of private stormwater management facilities. (1)No private stormwater management facilities may be approved unless a maintenance plan is provided and is consistent with City and/or BCWMC and MCWD standards. All such facilities shall be inspected annually or more often, with reports submitted to the City, and maintained in proper condition consistent with the performance standards for which they were originally designed. (2)Owners of private stormwater management facilities shall enter into an agreement with the City describing responsibility for the long-term inspection, operation and maintenance of the facilities. Such responsibility shall be documented in a maintenance plan and executed through a maintenance 91 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 15 of 20 agreement. The maintenance agreement shall be recorded against the parcel. The stormwater maintenance agreement shall be in a form approved by the City and shall describe the inspection and maintenance obligations of this section, and shall, at a minimum: a. Designate the owner of the private facility, which shall be permanently responsible for the maintenance of the structural stormwater BMP. b. Run with the land and pass the responsibility for such maintenance to successors in title. c.Grant the City and its representatives the right of entry for the purposes of inspecting all private stormwater management facilities. d.Allow the City the right to repair and maintain the facility, and assess costs if necessary maintenance is not performed after proper and reasonable notice to the owner. e.Protect and preserve private stormwater management facilities. If the private stormwater management facility changes causing decreased effectiveness, then a new, repaired, or improved facility must be implemented to provide equivalent treatment to the original BMP. f. Include a requirement to provide and follow a Chloride Management Plan addressing the use of chloride on the site, type of deicer to be used, personnel certified for chloride application, rate of application for the site, and a map showing snow storage areas and sensitive areas to avoid application. The chloride management plan shall be updated annually. (f) Aerators, fountains, or similar water moving devices. A permit may be issued to install and operate such devices within a privately-owned and maintained stormwater management facility or BMP, provided the following requirements are met: (1) Stormwater management facility or BMP must have at least 5 feet of permanent depth where the device is installed. (2) At least 75% of all property owners abutting the water body approve of the device, as evidenced by signatures on a petition submitted to the City. If the property owner is a common interest community, at least 75% of all unit owners shall approve of the device. (3) Submittal of device/system specifics, documentation showing no negative water quality impacts to water body or downstream water bodies, documentation of qualified professional installer, maintenance and removal plan. (4) No more than one horsepower motor or pump. (5) Hours of operation are limited to 7am-10pm. (6) Device shall only be operated between April 15 and October 15. (7) Administrator may limit lighting, height, and width of spray. (8) A permit is required for each stormwater management facility or BMP. (9) Permit must be renewed each year. (Code 1988, § 4.31(6); Ord. No. 428, 2nd Series, 5-14-2010; Ord. No. 545, 2nd Series, 3-26-2015) Sec. 107-7. Stormwater and Urban Runoff Pollution Control. (a)Illegal Disposal. 92 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 16 of 20 (1)Discarded Materials.No person shall throw, deposit, place, leave, maintain, or keep, or permit to be thrown, placed, left, maintained or kept, any refuse, rubbish, garbage, or any other discarded or abandoned objects, articles, or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catchbasin conduit or drainage structure, business place, or upon any public or private plot of land in the City, so that the same might be or become a pollutant, except in containers, recycling bags, or other lawfully established waste disposal facility. (2)Landscape Debris.No person shall dispose of leaves, dirt, or other landscape debris into a street, road, alley, catchbasin, culvert, curb, gutter, inlet, ditch, natural watercourse, flood control channel, canal, storm drain or any fabricated natural conveyance. (b)Illegal Discharges and Illicit Connections. (1)No person shall cause any illegal discharge to enter the municipal stormwater system unless such discharge consists of non-stormwater that is authorized by an NPDES point source permit obtained from the MPCA or is an exempt activity listed in section (b)(2) below. (2)The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows: a.The following discharges are exempt from discharge prohibitions established by this chapter: water line flushing, landscape irrigation, diverted stream flows, rising groundwater infiltration, uncontaminated pumped groundwater, sump pump discharge, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water. b.Discharges or flow from firefighting. c.Discharges associated with dye testing; however, this activity requires a verbal notification to the City's Public Works Division prior to the time of the test. (3)The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the United States Environmental Protection Agency (EPA), provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system. (4)No person shall use an illicit connection to intentionally convey non-stormwater to the City stormwater system. (c)Good Housekeeping Provisions.Any owner or occupant of property within the City shall comply with the following good housekeeping requirements: (1)Chemical or Septic Waste.No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or septic waste or pathogenic bacteria or viruses in an area where discharge to streets or storm drain systems may occur. This chapter shall apply to both actual and potential discharges. For swimming pools, the chlorination system should be suspended for seven days to allow for chlorine to evaporate, or the property owner may provide test results to the City showing the swimming pool water is fully dechlorinated, before discharge to the owner's property or into the storm sewer system. (2)Runoff Minimized.Runoff of water from all property shall be minimized to the maximum extent practicable. Runoff of water from the washing down of paved areas in commercial or industrial property is prohibited unless necessary for health or safety purposes and not in violation of any other provision of the City Code. 93 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 17 of 20 (3)Storage of Materials, Machinery, and Equipment.Materials or equipment shall be stored to limit risk of contamination by runoff. a.Objects, such as motor vehicle parts, containing grease, oil or other hazardous substances, and unsealed receptacles containing hazardous materials, shall not be stored in areas susceptible to runoff. b.Any machinery or equipment which is to be repaired or maintained in areas susceptible to runoff shall be placed in a confined area to contain leaks, spills, or discharges. (4)Watercourse Protection.Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to use, function, or physical integrity of the watercourse. (d)Removal of Debris and Residue. (1)All motor vehicle parking lots located in areas susceptible to runoff shall be kept clean of debris and residues. Such debris and residue shall be collected and disposed of in accordance with law. (2)Fuel and chemical residue or other types of potentially harmful material, such as animal waste, garbage or batteries, which are located in an area susceptible to runoff, shall be removed as soon as possible and disposed of properly. Household hazardous waste may be disposed of through the County collection program or at any other appropriate disposal site and shall not be placed in a trash container. (e)Notification of Spills or Leaks.Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the stormwater management system, or surface waters, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. This shall include immediate notification of the State Department of Safety Duty Officer, if the source of the illegal discharge is a spill or leak as defined in Minn. Stats. § 115.061. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least two years. (f)Compliance Monitoring. (1)Right of Entry.City inspectors and regulators shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter. a.If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the City. b.Facility operators shall allow approved City employees ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater. c.The City shall have the right to set up on any facility such devices as are necessary to conduct monitoring and/or sampling of the facility's stormwater discharge to ensure compliance with this chapter. 94 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 18 of 20 d.The City has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. e.Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the City and shall not be replaced. The costs of clearing such access shall be borne by the operator. f.Unreasonable delays in allowing City access to a facility is a violation of this chapter. A person who is the operator of a facility commits an offense if the person denies the City reasonable access to the facility for the purpose of conducting any activity authorized or required by this chapter. (2)Search Warrants.If the City has been refused access to any part of the premises from which stormwater is discharged, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the City may seek issuance of a search warrant from any court of competent jurisdiction. (g)Violations, Enforcement, and Penalties. (1)Violations.It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person who has violated or continues to violate the provisions of this chapter, may be subject to the enforcement actions outlined in this chapter or may be restrained by injunction or otherwise abated in a manner provided by law. In the event the violation constitutes an immediate danger to public health or public safety, the City is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The City is authorized to seek costs of the abatement as outlined in Chapter 10. (2)Warning Notice.When the City finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, the City may serve upon that person a written warning notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the warning notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the warning notice. Nothing in this subsection shall limit the authority of the City to take any action, including emergency action or any other enforcement action, without first issuing a warning notice. (3)Notice of Violation.Whenever the City finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the City may order compliance by written notice of violation to the responsible person. a.The notice of violation shall contain: 1.The name and address of the alleged violator 2.The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred 3.A statement specifying the nature of the violation 4.A description of the remedial measures necessary to restore compliance with this chapter and a time schedule for the completion of such remedial action 95 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 19 of 20 5.A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed 6.A statement that the determination of violation may be appealed to the City by filing a written notice of appeal within five days of service of notice of violation; and 7.A statement specifying that, should the violator fail to restore compliance within the established time schedule, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. b.Such notice may require, without limitation: 1.The performance of monitoring, analyses, and reporting 2.The elimination of illicit connections or discharges 3.That violating discharges, practices, or operations shall cease and desist 4.The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property 5.Payment of a fine to cover administrative and remediation costs; and 6.The implementation of source control or treatment BMPs. (4)Civil Penalties.In the event an alleged violator fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within five days, or such greater period as the City shall deem appropriate, the City may impose a penalty not to exceed $1,000.00 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation. (h)Appeal of Notice of Violation.If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within five days of the decision of the municipal authority upholding the decision of the City then representatives of the City shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above. (i)Cost of Abatement of the Violation.Within five days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within five days. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. (j)Violations Deemed a Public Nuisance.In addition to the enforcement processes and penalties provided in this chapter, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. (Code 1988, § 4.31(7); Ord. No. 428, 2nd Series, 5-14-2010; Ord. No. 545, 2nd Series, 3-26-2015) 96 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 20 of 20 Sec. 107-8. Responsibility for Stormwater Drainage on Private Property. (a)Responsibility.Property owners are responsible for stormwater drainage on private property. The City assumes responsibility for drainage when stormwater runoff enters the City's right-of-way or storm sewer system. (b)Technical Assistance.Upon written request, the City may provide technical assistance to investigate or correct a drainage problem on private property. (c)Petition.Property owners may petition the City for public improvements to correct a drainage problem on private property. (d)Costs.Property owners shall pay all costs associated with correcting drainage problems on private property including City staff time, consultant costs, legal fees, and design and construction costs. (e)Assessment.If property owners petition the City to construct a public project, project costs shall be assessed to each property contributing flow to the problem area in accordance with Minn. Stats. ch. 429 and pursuant to the City's assessment policy. (Code 1988, § 4.31(8); Ord. No. 428, 2nd Series, 5-14-2010; Ord. No. 545, 2nd Series, 3-26-2015) 97 Review of Council Calendar Event Event Time Location JANUARY Saturday, January 21 Fundraising Event - Golden Valley Police Association 2:00 PM - 6:00 PM Schuller's Tavern, 7345 Country Club Road Tuesday, January 24 Annual City Council Goal Setting Session 5:30 PM - Dinner 6:30 PM - Session begins Brookview - Valley Room Thursday, January 26 Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid Brookview - Valley Room Saturday, January 28 WinterFest 12:00 PM - 2:00 PM North Wesley Park FEBRUARY Wednesday, February 1 Remote Fire Station Site Selection Open House 4:00 PM - 6:00 PM Brookview Thursday, February 2 Remote Fire Station Site Selection Open House 6:00 PM - 8:00 PM Fire Station 3 3700 Golden Valley Rd Monday, February 6 Twin Cities Public Television Presentation - Bridging the Faultlines: Stories of Racism and Resistance (Program 1) 6:00 PM - 9:00 PM Breck High School Auditorium, 123 Ottawa Ave N Tuesday, February 7 City Council Meeting 6:30 PM Hybrid - Council Chambers Thursday, February 9 Remote Fire Station Site Selection Open House 6:00 PM - 8:00 PM Online Via Webex Sunday, February 12 Winter Market in the Valley (Indoors)10:00 AM – 1:00 PM Brookview Bassett Creek Room Tuesday, February 14 HRA Work Session 6:30 PM Hybrid - Council Conference Room Council Work Session 6:30 PM Hybrid - Council Conference Room Thursday, February 16 Building An Equitable Golden Valley Quarterly Conversation: Celebrating Accomplishments of Black Women 6:00 PM - 7:15 PM Brookview Monday, February 20 City Offices Closed for Observance of Presidents' Day Tuesday, February 21 City Council Meeting 6:30 PM Hybrid - Council Chambers Thursday, February 23 Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid Brookview - Valley Room Sunday, February 26 West Metro Home Remodeling Fair 10:30 AM - 3:00 PM Eisenhower Community Center 1001 MN-7, Hopkins, MN Tuesday, February 28 City Council Annual Joint Meeting with Boards/Commissions 6:00 PM Brookview - Bassett Creek Room MARCH Friday, March 3 State of the City 3:00 PM - 4:30 PM WSB, 701 Xenia Ave S, UNIT 300 98 Monday, March 6 Twin Cities Public Television Presentation - Bridging the Faultlines: Stories of Racism and Resistance (Program 2) 6:00 PM - 9:00 PM Capri Theater, 2027 W Broadway Ave, Minneapolis Tuesday, March 7 City Council Meeting 6:30 PM Hybrid - Council Chambers Sunday, March 12 Winter Market in the Valley (Indoors)10:00 AM – 1:00 PM Brookview Bassett Creek Room Tuesday, March 14 Council Work Session 6:30 PM Hybrid - Council Conference Room 99