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2006-09-25 EC Agenda PacketAGENDA GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting Golden Valley City Hall, 7800 Golden Valley Road Council Conference Room Monday, September 25, 2006 7:00 PM Call to Order 2. Approval of Minutes — August 28, 2006 Environmental Commission; and August 28, 2006 Joint Meeting of the Golden Valley Planning Commission Meeting and the Golden Valley Environmental Commission 3. 1/1 Update A. Municipal Utility Code Final Version (attachment) B. Response to MCES Regarding Surcharge (attachment) C. Inspection Program Implementation 1. Video 2. Community Television 3. Letters and Brochures 4. Inspection Scheduling D. Point of Sale 1. Effective January 1, 2007 4. Comprehensive Plan Update A. Sections on Water, Wastewater, Storm Water and Natural Resources 5. Program/Project Updates A. Three Rivers Park District Trail (Regional Bicycle Plan) B. Ad Hoc Deer Task Force C. Lighting Plan/Ordinance D. Proposed Developments 1. Miner/Olympic Printing Site 2. Maywood E. Update on South Rice Lake Buckthorn Removal Project F. Open Space & Recreation Commission Minutes — July 24, 2006; the 8/28/06 Meeting was cancelled (receive and file) 6. Commission Member Council Reports 7. Other Business 8. Adjourn GAEnvironmental Comm ission\Agendas\2006\092506.doc GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting Minutes August 28, 2006 Present: Commissioners Baker; Hill; Kaisershot; St. Clair; Silpala. Also present were Jeannine Clancy, Director of Public Works; Jeff Oliver, City Engineer; Al Lundstrom, Environmental Coordinator; Deb Somers, Administrative Assistant Absent: Anderson and Pawluk 1. Call to Order Baker called the meeting to order at 7:04 pm. 2. Approval of Minutes — June 26, 2006 St Clair referred to page three, paragraph six, delete the first sentence and revise sentence two to read, "The staff plans to work with school age kids. St. Clair referred to page four, paragraph three, second sentence, and asked if the City's goal is to inspect every "building" in the community, or every "home". Oliver responded that it is every "building". No change will be made on this. Kaisershot referred to page seven, paragraph three, third sentence, and stated that "explained that" should be "asked". Sipala referred to page eight, paragraph four, last sentence, and stated that "discharge" should be "surcharge. MOVED by St. Clair, seconded by Hill, and the motion carried unanimously to approve the minutes of the June 26, 2006 meeting as submitted. 3. Results of Trash Receptacle Invento Clancy advised that the issue of adding additional trash receptacles to nature areas was taken to the Council/Manager meeting on June 13. Kaisershot also attended the June meeting. The Council directed staff to do a brief survey of how much trash was being collected in the nature areas and report back at the July 11 Council/Manager meeting. During a two-week period, all receptacles were checked and emptied weekly. The receptacles averaged one-fourth full. The concern of the Council was that the receptacles were overflowing, but the reason staff empties them weekly is because the majority of the materials in the receptacles is dog waste, which begins to smell badly and is a health concern. Council asked if volunteers could dump the receptacles, if more were added. Clancy explained this was not possible because the containers are too heavy and it could become a liability issue for the City. The Council then questioned how well the City's Adopt -A -Park program was going. The program asks volunteers to pick up garbage two to three times per year. In fact, Park and Recreation staff said some volunteers pick up their areas weekly. Therefore, asking these volunteers to do more would not be a correct approach. Clancy listed the parks and nature areas currently available under the Adopt -A -Park program. Environmental Commission Minutes August 28, 2006 Page 2 of 5 The City has added over six miles of trails over the past five years, and we have lost two maintenance workers. Staff asked to have one staff person added for parks and at this time the Council has not approved any new program initiatives, including the addition of more trash receptacles. Baker was disappointed that the Environmental Commission was not notified of the July 11 Council/Manager meeting. Clancy explained she attended the meeting to discuss her budget not knowing that this item was on the agenda, but it came about during budget discussions. Sipala asked if it would be acceptable to ask General Mills to pick up their areas and allow City maintenance workers to work elsewhere. Clancy stated that the General Mills Research Nature Area is owned by General Mills. General Mills does take care of the nature area and the City takes care of the trails only. The nature preserve near their headquarters is owned by the City. The City is currently restoring the wetlands and the prairie in the preserve. 4. Publicly Acknowledne. Reconnize and Thank Tracy Pharr for her Service to the Environmental Commission Baker stated this item was Pawluk's initiative and he is absent. No further discussion. 5. Inflow and Infiltration A. Municipal Utility Code Revisions Oliver went over the revisions the Council made to the Code. Most of the discussion revolved around the point of sale issue. An entire section was added to the Code stating that before you can offer your home for sale, you need to apply for and receive a Certificate of Sewer Regulation Compliance. The surcharge amounts in the first draft of Chapter 3 will be retained. The retroactive surcharge provisions for secondary non-compliance were eliminated, and the amount will double for all violations beyond the first violation. Sipala asked if the City, through the rain events so far this year, has exceeded the surcharge set by the MCES. Clancy replied that the City does not have the results of the August 21 rain event, but excluding that event the City has not exceeded the $388,000 surcharge. Kaisershot asked why the point of inspection was changed from building permits to plumbing permits. Clancy advised that building permits covers so many things, i.e., if a resident needed replace their roof, staff did not feel that should prompt an 1/1 inspection. Also if the City had to perform an 1/1 inspection every time someone applied for a building permit, the City could not keep up with the amount of inspections that would generate. Plumbing issues, variances, making a change to a foundation, etc., are more closely related to an 1/1 inspection. Referring to Section 3.30, subd. 6, Sipala commented that any materials needing replacement should be replaced by compliant materials. Oliver will check with the city attorney. This Code will go to the City Council on September 5, 2006, and should be effective by mid- October. Environmental Commission Minutes August 28, 2006 Page 3 of 5 B. Communications Plan St. Clair had a question concerning the Timeline/Calendar on page five of the Communications Plan. Is the very last item under September 2006 and the last item under December 2006 the same thing, is this two different items. This is an error; the item, "begin storm water compliance inspection program in 2007 PMP area" should be listed under September 2006 only. Clancy and Weiler will review the entire plan together. Clancy proceeded to go through the August items of the Communications Plan. On July 26, 2006 the City conducted the MCES interceptor manhole survey with the MCES staff. It went well and the MCES said it would prepare a plan to work on issues staff identified in the field. The initiation of closed circuit television inspection of the 1/1 Area 10 is incorrect. Area 10 should be deleted from this item. The City Manager authorized Clancy to take this to the Council at the September 5 meeting. Clancy stated that the reason staff chose to do the 2007 PMP area over Area 10 is because the City wants to be sure this area is inspected before reconstruction of the streets. The City has acquired a house in the flood plain. On August 30 staff, in conjunction with Northwest Community Television, will be working to produce an educational video inspection to be put on the City's website and used for viewing by the Council, residents, etc. The second item under September of the Communications Plan, strategize questions for city- wide survey, was something Weiler asked to put on for staff. What could the City find out from its residents if it was to conduct a survey? A discussion ensued about what questions could be asked. St. Clair and Baker suggested asking questions about how well informed the residents are from reading the information in CityNews, newspapers, etc. C. Response to MCES Regarding Surcharge Clancy stated that staff is working on the response to the MCES surcharge; it will be on the September 5 Council agenda. The City will ask for a credit in the amount of $388,000 for the work that has been done in 2006. This amount represents over $100,000 in studies with Short, Elliott Hendrickson Inc. (SEH); $60,000 for the inspection program and over $200,000 in draintile installation as part of the City's Pavement Management Program. Projects identified in the 2007 work program include an inspection program once again; flow monitoring program, including the purchase of flow monitoring equipment, totaling $40,000; draintile in approximately the same amount as 2006 and manhole rehabilitation in the approximate amount of $110,000. Oliver explained that the flow monitoring equipment would help locate specific problem areas. Clancy will give the Environmental Commission a copy of the report she submits to MCES in the September agenda packet. 6. Program/Project Updates A. Sunnyridge Lane Soil Contaminants — Staff received another grant from Hennepin County Environmental Services in the amount of $58,468 to continue to do the soil remediation. This is the third grant the City has received. The City keeps excavating a little more and has done soil borings. Unfortunately, the City keeps finding more lead and the MPCA will not let us close out the site. The property owner has been very patient and willing to participate. Environmental Commission Minutes August 28, 2006 Page 4 of 5 B. Three Rivers Park District Trail (Regional Bicycle Plan) — This is the segment from TH 169 to Douglas Drive. It went to the Bassett Creek Water Management Commission and was approved. There were a couple of modifications. Clancy believes Three Rivers Park District plans to bid this project out and have it constructed this fall. The segment from Douglas Drive to the east will be constructed in 2007. C. Ad Hoc Deer Task Force — Lundstrom stated that the Deer Task Force held their public participation meeting, and based on the input from their website and that meeting, the Task Force made a motion to develop a deer management plan with guidelines and goals. At their next meeting, they will divide up the responsibilities for writing the plan and a recommendation to the Council. D. Lighting Plan/Ordinance — This item was covered at the Joint meeting prior to this meeting. E. Proposed Developments 1. LOGIS (Local Government Information Systems) — LOGIS purchased the office complex to the east of their building on Duluth Street. The building will be demolished and LOGIS will add on to their existing facility. Oliver advised that their proposed plans for storm water management are to install underground infiltration and rate controls instead of surface water ponds. 2. Miner/Olympic Printing Site — This just went to the Planning Commission. Oliver advised that the developer is requesting over 200,000 sq. ft. of office space, 10,000 sq. ft. of retail and restaurant, and 74 condominiums. This project is located at the northwest corner of Xenia Avenue and Golden Hills Drive. There will be separate parking structures for the residential area and the office/retail space. The plan includes two rain gardens and one environmental manhole; these will be routed through the Xenia Avenue ponds. 3. Duke Area Urban Assessment Review (AUAR) — This project is located south of 1-394 in the area behind Chili's and the Olive Garden. The City owns a four -acre portion of this property. The development calls for 1,000,000 sq. ft. of office and over 300,000 sq. ft. of a lifestyle center, which includes a movie theater and fitness center. There are some significant traffic issues to be worked out. 4. The Colonnade — This developer plans to submit a plan to add a 200,000- 240,000 sq. ft. office tower next to the present parking ramp. 5. Tree Service Site — This is located on the south TH 55 frontage road near Valleywood Circle. A developer plans to construct four houses. This is currently in for review. 6. Park & Ride Facility — Metro Transit approached the City approximately one year ago about the possibility of constructing this facility next to the State Patrol Headquarters. They are moving forward with this and plan to break ground next spring. F. Open Space & Recreation Commission Minutes — The June 26, 2006 minutes are attached to the agenda for your information. Environmental Commission Minutes August 28, 2006 Page 5 of 5 7. Commission Member Council Reports Nothing to report. 8. Other Business Nothing to report. 9. Adjourn MOVED by Hill, seconded by St. Clair, and the motion carried to adjourn. The next scheduled meeting will be on September 25, 2006 at 7:00 pm. The meeting was adjourned at 9 pm. Respectfully submitted, Debra K. Somers Administrative Assistant Department of Public Works Joint Meeting of the Golden Valley Planning Commission and Golden Valley Environmental Commission August 28, 2006 A joint meeting of the Planning Commission and Environmental Commission was held at the Golden Valley City Hall, Council Conference Room, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, August 28, 2006. Planning Commission Chair Keysser called the meeting to order at 6 pm. Those present were Planning Commissioners Cera, Eck, Keysser, Kluchka, McCarty, Schmidgall and Waldhauser and Environmental Commissioners Baker, Hill, Kaisershot, St. Clair and Sipala. Also present was Director of Planning and Development Mark Grimes, Director of Public Works Jeannine Clancy, City Engineer Jeff Oliver, Environmental Coordinator Al Lundstrom, Planning Intern Aaron Hanauer, Planning Consultant Perry Thorvig and Administrative Assistant Lisa Wittman. Environmental Commissioners Anderson and Pawluk were absent. I. Lighting Ordinance Discussion Hanauer stated that this is the fourth meeting between the two commissions to discuss the proposed outdoor lighting ordinance. He explained that the main goal of this meeting is to receive feedback on the proposed ordinance from both Commissions. Hanauer stated that in writing this ordinance staff has incorporated the Commissions' comments from the previous meetings, studied other cities ordinances, and worked with the Engineering Department, Public Safety Department, City Attorney and Planning Consultant, Perry Thorvig. Baker stated that he thought the ordinance had a good mix of language regarding wattage and footcandles. Thorvig stated that the draft ordinance deals with the concerns that the Commissioners have expressed at their previous meetings such as, over -lighting, light trespass, certain fixture types, maximum wattage limits, height limits, curfew requirements, timers and dimmers and uniformity requirements. He said there are provisions in the ordinance for residential and non-residential properties. There is also a process to allow for administrative variances and to allow for flexibility such as uplighting for flags and landscaping. Kluchka asked Hanauer if he could highlight areas that could be contentious or potentially create a need for variances. Baker referred to Subdivision 3(B)(4) and said that he thinks the word "minimize" is too soft of a word and he would like to use a better defined, more concrete word when talking about outdoor recreational facilities. Thorvig stated that one concern with softball fields is that the ball has to be lit in order to be seen. Hanauer added that if the lighting on a recreational field were to be re -done, City staff would review it. Minutes of the Golden Valley Joint Planning Commission/Environmental Commission August 28, 2006 Page 2 Baker referred to Subdivision 4(A)(3) regarding prohibiting lighting fixtures mounted to aim light only toward a property line. He said he thinks any mounted light fixture would be aimed at the property line. Hanauer stated that the provision is intended for wall packs where the light shines sideways or straight out toward the property line. Baker said he thinks the current language is going to create problems if it's not clear. Schmidgall stated that lighting fixtures mounted to aim light only toward the property line concern is also covered in Subdivision 9(B) where it states that illumination shall not exceed 0.5 footcandles at the property line. Hanauer said he would review the language and make sure it is clear. Lundstrom noted in Subdivision 6 there is a "grandfather" clause and that this ordinance would pertain to new development. Hanauer added that the only time existing lighting would have to comply is when there is a property that has light trespass of 0.5 footcandles or greater, which will be considered a nuisance and shall be required to be reduced to 0.3 footcandles. Baker asked about the penalty for residents who are over the 0.3 footcandle requirement. Grimes said it would be considered a violation of the zoning code which is a misdemeanor. Sipala suggested that some language be put in the ordinance to encourage eliminating Mercury Vapor lamps. Hanauer said that Mercury Vapor lamps would be considered legally non -conforming and that the bulbs could continue to be used. Cera asked if existing Mercury Vapor lamps could be phased out. Thorvig stated that legislation has said that non -conforming uses can be allowed to continue therefore the City can't require property owners to replace these lamps. Cera asked if there is a way to encourage property owners to replace old fixtures. Hanauer said the energy savings would be the incentive for people to replace old fixtures. Grimes stated that the City could do a brochure and stories in the newsletter to help make residents and businesses aware of the new lighting standards. Keysser asked if Excel Energy offers any rebates to people who replace their fixtures with more energy efficient ones. Clancy said there is a program through Excel for municipalities to change fixtures such as LED traffic signals, but she is not aware of any programs for commercial property owners. McCarty referred to Subdivision 5 that described the method of measuring light and asked at what height the measurements are taken. Thorvig said all measurements are taken at ground level. Lundstrom asked if photometric applications will require a plan review. Hanauer said yes, and added that the applicant will responsible for providing all of the information listed in Subdivision 7. Lundstrom referred to Subdivision 7(B) and asked if it was referring to the type of bulb, or type of fixture. Hanauer said he would add language about bulb type. St. Clair referred to the sample photometric plans that were in the agenda packet and asked if the City has a computer program that creates the plan or if that is something the applicant submits. Thorvig said that the applicant would submit the photometric plan and the City has to trust that they've done it correctly. Minutes of the Golden Valley Joint Planning Commission/Environmental Commission August 28, 2006 Page 3 Kaisershot referred to Subdivision 8(C) regarding residential security lights and asked why it needs to be in the ordinance at all because it is ultimately tied back to Subdivision 8(B). Hanauer said he would review the wording in Subdivision 8(B) and (C). Kluchka asked why the light is measured at the ground level. Thorvig said that is the way light is measured in all communities. Kluchka said that as a resident, that doesn't make sense. Baker said he is surprised that light is not measured perpendicular to the source. Kluchka said he thought measuring the light a foot from the light post would be more appropriate. Hanauer said he would review how light is measured. Grimes added that the instructions he has seen with every light meter have said to lay the meter horizontal to the ground. Baker referred to Subdivision 9(C) regarding the mounting height of lighting fixtures. He said he thinks the definition of "vertical distance" is confusing. Eck asked about the uniformity ratio. Hanauer explained that the uniformity ratio spells out the minimum and maximum amount of light and the lower the ratio the more uniform the lighting design. McCarty asked why there is a basic lighting level and an enhanced lighting level. Thorvig stated they have different lighting levels to meet the needs of the property owners because some need an enhanced level of lighting. Grimes added that in no case can the footcandles go above 7.5. Grimes stated that the next step in the process is to incorporate the Commissioner's concerns from this meeting and bring the ordinance to the next Council/Manager meeting for discussion. Hanauer said he would review the comments from this meeting and incorporate them into the lighting ordinance and have it ready for the next Council/Manager meeting. II. Adjournment The meeting was adjourned at 6:55 pm. CHAPTER 3 MUNICIPAL AND PUBLIC UTILITIES - RULES AND REGULATIONS, RATES, CHARGES AND COLLECTIONS SECTION 3.01. DEFINITIONS. As used in this Chapter, the following words and terms shall have the meanings stated: 1. "Consumer" and "Customer" mean any user of a utility. 2. "Draintile" means a subsurface drainage and conveyance system of clear water and groundwater into the storm sewer system. 3. "Interceptor Sewer" means that portion of the sanitary sewer system that extends outside of the City of Golden Valley and is owned, operated and maintained by the Metropolitan Council. 4. "Inspector" means any person duly authorized by the City, including the Building Official or representatives of the Department of Public Works, or companies under contract with the City to inspect connections to and enforce regulations relating to the public sanitary sewer, storm sewer or water distribution systems. 5. "Joint Water Commission (JWC)" means the commission established through a joint powers agreement between the cities of Golden Valley, Crystal and New Hope to provide potable water to customers in the three cities. 6. "Minneapolis Water Works (MWW)" means a municipal water system owned and operated by the City of Minneapolis. 7. "Municipal Utility" means any city -owned utility system, including, but not limited to water, sanitary sewer and storm sewer service. 8. "Owner" means the person or entity that owns or holds the title of a property served by a municipal utility. 9. "Sanitary Sewer System" includes all street lateral, main and intersecting sewers and structures by which sewage or industrial wastes are collected, transported, treated and disposed of; provided that this shall not include plumbing inside or a part of a building or premises served, or service sewers from a building to the sanitary sewer main. 10. "Service" means providing a particular utility to a customer or consumer. 11. "Sewage" means water -carried waste products from residences, public buildings, institutions or other buildings or premises, including the excrement or other discharge from the bodies of human beings or animals. 26 12. "Sewer Service Lateral' or "Service Lateral' means that portion of the sanitary sewer system that generally is perpendicular to the sewer main and extends from the sewer main to the structure being served. 13. "Sewer Main" means that portion of the sanitary sewer system that is owned, operated and maintained by the City. The City portion of the sanitary sewer system is typically within street rights-of-way or easements. 14. "Storm Sewer" means a subsurface drainage facility that conveys storm water runoff and snow melt runoff into surface water bodies. 15. "Trunk Water Main" means water mains larger than 12 inches in diameter that distribute water throughout the distribution system and are owned by the Joint Water Commission and maintained by the City. 16. "Utility" means all utility services, whether public, city -owned facilities, or furnished by public utility companies. 17. "Water Main" means that portion of the potable water distribution system that is 12 inches in diameter and smaller, and is owned, operated and maintained by the City. 18. "Water Service" means that portion of the potable water system that is generally perpendicular to the water main that extends from the water main to the structure or group of structures being served. SECTION 3.02. FIXING RATES AND CHARGES FOR MUNICIPAL UTILITIES. All rates and charges for municipal utilities, including, but not limited to, rates for service, permit fees, deposits, surcharges, fines, connection and meter testing fees, disconnection fees, reconnection fees including penalties for non-payment, if any, shall be fixed, by the Council and adopted by ordinance. SECTION 3.03. CONTRACTUAL CONTENTS. Provisions of this Chapter relating to municipal utilities shall constitute portions of the contract between the City and all consumers of municipal utility services, and every such consumer shall be deemed to assent to the same. SECTION 3.04. RULES AND REGULATIONS RELATING TO MUNICIPAL UTILITIES. Subdivision 1. Billing, Payment and Delinquency. Each customer shall be billed regularly for all municipal utilities. All utility charges shall be delinquent if they are unpaid at the close of business on the due date shown on the bill. If the due date shown on the bill falls on a Saturday, Sunday or legal holiday, the time shall be extended to the close of business on the next succeeding day on which business is normally transacted. A uniform grace period may be set by the City Council in the annual fee ordinance. A penalty shall be added to, and become part of, all delinquent utility bills. If service is 27 suspended due to delinquency it shall not be restored at that location until a reconnection charge has been paid for each utility reconnected in addition to amounts owed for service and penalties. Subdivision 2. Application, Connection and Sale of Service. Application for municipal utility services shall be made upon forms supplied by the City, and strictly in accordance therewith. No connection shall be made until the appropriate permits have been received from the City. All municipal utilities shall be sold and delivered to consumers at the current rates established by the City. Applications shall be granted, and permits issued, only to licensed master plumbers who have provided evidence of liability insurance, including product liability coverage, with limits consistent with current City limits or statutory requirements, whichever is greater. Subdivision 3. Discontinuance of Service. All municipal utilities may be shut off or discontinued whenever it is found that: A. The owner or occupant of the premises served, or any person working on any connection with the municipal utility systems, has violated any requirement of this Chapter of the City Code, or, B. Any charge for a municipal utility service, or any other financial obligation imposed on the present owner or occupant of the premises served, is unpaid after due notice thereof, or, C. There is fraud or misrepresentation by the owner or occupant in connection with any application for service or delivery or charges for these services, or, D. The owner, occupant or tenant of a premise served has denied entry for the purpose of repairing water meters or inspecting sump pumps, drains or other facilities, or, E. The structure receiving service becomes uninhabitable for any reason. Subdivision 4. Ownership of Municipal Utilities. Ownership of all municipal utilities, plants, lines, mains, extensions and appurtenances, shall be and remain in the City or jointly with other municipal corporations or public bodies, and no person shall own any part or portion thereof, except for sewer service laterals, water services and draintile service stubs referenced in this Chapter. Subdivision 5. Right of Entry. By applying for, or receiving, a municipal utility service, a customer irrevocably consents and agrees that any Inspector may enter into and upon the private property of the customer, including dwellings and other buildings, at all reasonable times under the circumstances for the purpose of inspecting, repairing, reading, and exchanging meters or connecting or disconnecting a municipal utility service. 28 Subdivision 6. Meter Test. Whenever a consumer requests that the City test any utility meter they are currently using, the request shall be accompanied by a cash deposit, in an amount to be fixed by the Council and adopted by ordinance, for each meter to be tested. If the meter is found to be inaccurate the meter shall be replaced with an accurate meter and the deposit refunded. If the meter is found to be accurate in its recordings or calculations it shall be reinstalled and the deposit shall be retained by the City to defray the cost of the testing. Subdivision 7. Unlawful Acts. A. It is unlawful for any person to break, damage, deface, disturb, or in any way interfere with any building, attachment, machinery, apparatus, equipment, fixture, or appurtenance of any municipal utility or municipal utility system, or commit any act tending to obstruct or impair the use of any municipal utility. B. It is unlawful for any person to make any connection with, opening into, use, or alter in any way any municipal utility system without first having applied for and received a permit to do so from the City. C. It is unlawful for any person to turn on or connect a utility when the utility has been turned off or disconnected by the City for non-payment of a bill, or for any other reason, without first having obtained a permit to do so from the City. D. It is unlawful for any person to tamper or circumvent, by any means or device a municipal utility meter, or to knowingly use or consume unmetered utilities or use the services of any utility system, the use of which the proper billing authorities have no knowledge. Subdivision 8. Municipal Utility Services and Charges a Lien. A. Payment for all municipal utility services and charges shall be the primary responsibility of the owner of the premises served and shall be billed to the owner unless otherwise contracted for and authorized in writing by the owner and the tenant, as agent for the owner, and consented to by the City. The City may collect all charges, penalties and surcharges in a civil action or as otherwise provided in this subdivision. B. Each utility account is hereby made a lien upon the premises served. All such accounts which are more than forty-five days past due may, when authorized by resolution of the Council, be certified by the City Clerk, to the County Auditor, and the City Clerk in so certifying shall specify the amount thereof, the description of the premises served, and the name of the owner thereof. The amount so certified shall be extended by the Auditor on the tax rolls against such premises in the same manner as other taxes, and collected by the County Treasurer, and paid to the City along with other taxes. Subdivision 9. Sanitary Sewer Service Cleanout. The customer shall provide a working sanitary sewer service cleanout at all times for the purposes of 29 inspections and maintenance. Failure to provide a working cleanout is considered a refusal to allow an inspection under this Chapter. (Sections 3.05 through 3.19, inclusive, reserved for future expansion.) (Sections 3.21 through 3.29, inclusive, reserved for future expansion.) SECTION 3.30. RULES AND REGULATIONS RELATING TO SANITARY SEWER SERVICE. The following apply only to sanitary sewer service. Subdivision 1. Metered Water Not Discharged. If a portion of the water furnished to any premises is consumed and not directly or indirectly discharged into the sanitary sewer system, the consumer may request a separate water meter for the portion of the water consumed and not discharged in the sanitary sewer. There shall be no sanitary sewer charges associated with the water meter account for water consumed but not discharged to the sanitary sewer system. Subdivision 2. Deleterious Substances. Metropolitan Council Environmental Services standards shall control disposal of types of substances discharged. Subdivision 3. Unlawful Discharge. Except as otherwise expressly authorized in this subdivision, no water from any roof surface, sump pump, footing tile or drains, swimming pool, any other natural precipitation or groundwater, cooling water or industrial process shall be discharged into the sanitary sewer system. Dwellings, buildings and structures with sump pumps or footing tiles or drains shall have a permanently installed discharge line which shall not at any time discharge water into the sanitary sewer system, except as provided herein. A permanent installation shall be one which provides for year-round discharge capability to either the outside of the dwelling, building or structure, or is connected to a city storm sewer or draintile. It shall consist of a rigid discharge line without valving or quick connections for altering the path of discharge or a system otherwise approved by the Director of Public Works. A. Any person, firm or corporation having a roof surface, ground water sump pump, footing tile or drain, swimming pool, cooling water or unpolluted industrial process water now connected and/or discharging into the sanitary sewer system shall disconnect or remove the same. Any disconnects or openings in the sanitary sewer system shall be closed or repaired in an effective, workmanlike manner with the proper permits and inspected by a representative of the City. If a city draintile or storm sewer system is available to the property, connection of said discharges to these systems shall be mandatory. B. Any property owner or consumer applying for a plumbing permit (excluding permits for water heaters), variance, minor subdivision or other action from the City shall agree to an inspection of the structure's sump pump, footing or foundation drain discharge for compliance with this code. Requested actions shall not be forwarded to City boards or commissions or the City Council for review until the discharges are in full compliance with this section of City Code. C. Every person owning improved real estate that discharges into the City's sanitary sewer system shall allow the City or a designated representative of the City to inspect the buildings to confirm there is no sump pump or other prohibited discharge into the sanitary sewer system. D. All new structures with sumps for which a building permit is issued shall have a pump and shall be piped to the outside of the dwelling, and connected to a city draintile or storm sewer system, if available, before a certificate of occupancy is issued. E. Any property with a sump pump found not in compliance with this Code but subsequently verified as compliant shall be subject to an annual re -inspection to confirm continued compliance. If that property is found not to be in compliance upon re- inspection, or any person refusing to allow their property to be re -inspected within 30 days after receipt of mailed written notice from the City, that property shall be subject to a nonrefundable surcharge of $500 per month, to be imposed on each sewer bill thereafter to that property until the noncompliance or refusal to allow entry is corrected. All properties found during any re -inspection to have violated this section shall be subject to a nonrefundable monthly surcharge that is double the previously charged surcharge. The nonrefundable surcharge for all properties which are not single family residential shall be $1,000 per month. Subdivision 4. Winter Discharge. The Director of Public Works is authorized to permit a property owner to discharge clear water into the sanitary sewer system. Prior to issuance of the permit the Director of Public Works must verify that the criteria to issue the permit have been satisfied. The fee for this permit shall be in an amount to be fixed by the Council and adopted by ordinance. The permit shall authorize such discharge only from November 15 to March 15, shall require the owner to permit an inspection of the property on March 16 or as soon thereafter as possible to determine that discharge into the sanitary sewer has been discontinued and shall subject the owner to a $500 monthly non-refundable surcharge in the event the owner refuses an inspection or has failed to discontinue the discharge into the sanitary sewer. The non-refundable charge will commence with the April water billing and continue until the property owner establishes compliance with this section. A property owner is required to meet at least one of the following criteria in order to obtain a permit: A. The freezing of the discharge from the sump pump, footing or foundation drain is causing a dangerous condition, such as ice buildup or flooding, on either public or private property. B. The property owner has demonstrated that there is a danger that the sump pump, footing or foundation drain pipes will freeze up and result in either failure or damage to the sump pump unit or the footing or foundation drain and cause basement flooding. 31 C. The water being discharged from the sump pump, footing or foundation drain cannot be readily discharged into a city draintile or storm sewer system or other acceptable drainage system. Following ten (10) days written notice and an opportunity to be heard, the Director of Public Works may require the owners of the property to discharge their sump pump or footing or foundation drain into the sanitary sewer from November 15 to March 15 if the discharge is causing an icy condition on streets. Subdivision 5. Separate Connections. A separate sewer service connection shall be provided for each building, except where one building stands at the rear of another on an interior lot and no such separate connection is available. Provided, that more than one service may be connected to the sewer system through one connection where a manhole is provided and the City has specifically approved the arrangement. Subdivision 6. Materials. Where any pipe or other material is found in repairing a sewer service which does not then meet the requirements of the State Building Code or current City standards and specifications, the non -conforming pipe or material shall be removed and replaced at the expense of the consumer. Subdivision 7. Elevation. Wherever possible, the sewer service shall be brought to the building to be served at an elevation below the floor of the lowest level in the building. No such service shall be laid parallel to or within three feet of any bearing wall. The depth shall be sufficient to afford protection from frost. To the extent possible, the sewer service shall be laid at uniform grade and in straight alignment. If the service is too low to afford gravity flow, an appropriate device shall be installed for lifting sewage to the service. Subdivision 8. Connections. Wherever possible, the sewer service shall be connected to the wye provided or the stub at the lot line. If such connection cannot be used, the main may be tapped upon the approval of the City and at the expense of the owner. All connections must be constructed in accordance with the current City standards, be appropriately permitted, and be inspected by the City. Subdivision 9. Ownership of Sewer Service Lateral. The property owner shall own and be responsible for the maintenance of the sanitary sewer service lateral between the sanitary sewer main within the street and the building being served, including the connection to the main. Subdivision 10. Unmetered Water Supply. The discharge of sewage into the sewer system from water sources other than the City's water supply is prohibited without a permit from the City and shall include metering of the water supply or discharge. The metered supply or discharge must use meters purchased from the City. Subdivision 11. Additional Rules and Regulations. The Council may, by resolution, adopt such additional rules and regulations relating to placement, size and type 32 of equipment as it, in its discretion, deems necessary or desirable. Copies of such additional rules and regulations shall be kept on file in the office of the Director of Public Works, and uniformly enforced. SECTION 3.31. CERTIFICATE OF SEWER REGULATIONS COMPLIANCE. Subdivision 1. Required. No person shall sell, advertise for sale, give or transact a change in title or property ownership of real property with or without one or more buildings or structures, without first obtaining a certificate of sewer regulations compliance from the City. Subdivision 2. Application and Fees. A. The owner or owner's representative is required to make application for a certificate of sewer regulations compliance before any property is offered for sale, gifted or transferred, and before the owner or owner's representative enters into any contract for deed or other transaction changing the party responsible for the property. B. At the time of application, the applicant for a certificate of sewer regulations compliance must pay the application fee appropriate for the type of property. Such fees shall be set from time to time by the City. Subdivision 3. Inspection. The applicant for a certificate of sewer regulations compliance is responsible for requesting an inspection of the property after making application and payment of fees. An inspection shall be made by the city to determine whether the property use is in accordance with city sanitary sewer service regulations, as provided in Section 3.30 of this Chapter. The entire property and all buildings on the property shall be made available for inspection. Subdivision 4. Compliance and Expiration. A. Upon inspection, when the property use is in accordance with city sanitary sewer services regulations, a certificate of sewer regulations compliance will be issued by the City. B. A Certificate of sewer regulations compliance is valid to be used for the transfer of property for a period of one year from the date of issue. The certificate of sewer regulations compliance may only be used for property transfer by the owner named on the certificate or the owner's legal representative. C. The certificate of sewer regulations compliance must be conspicuously displayed on the premises at all times when the property is being shown for sale and the owner is responsible for informing any potential buyers, gift recipients or other persons to whom he intends to transfer title as to his receipt of the certificate of sewer regulations compliance. 33 D. If, within one year of the issue of a certificate of sewer regulations compliance, the owner named on the certificate of sewer regulations compliance does not agree to an inspection, as required by Section 3.30, subd. 3(b) of this Chapter, the certificate is immediately void. Such inspections trigger the administrative sanctions found in Section 3.30, subd. 3 of this Chapter. Subdivision 5. Temporary Certificate of Sewer Service Regulations Compliance. Upon inspection, a temporary certificate of sewer regulations compliance may be issued by the City permitting the transfer of property, providing; A. An agreement by the buyer, seller or other responsible person has been executed with the City, whereby the buyer, seller or other responsible person agrees to complete corrections to the property necessary to bring it within compliance of the City sanitary sewer service regulations, Section 3.30 of this Chapter within thirty (30) days of the transfer of property. B. A security to ensure completion of any corrections to the property must be posted with the lender in the form of an escrow, or with the City when a lending institution is not involved with the transaction. The security shall be in an amount at least equal to twice the retail value of the work necessary for compliance with this article. The escrow must be fully maintained until a certificate of sewer regulations compliance is issued. In no case will a temporary certificate of sewer regulations compliance be issued for more than one hundred eighty (180) days following the first inspection of the property. Subdivision 6. Sanctions. At all times during the certification process, the owner is responsible for any sanctions or surcharges under Section 3.30, subd. 4 of this Chapter. Subdivision 7. Repeated Inspection. Upon inspection, when the property use is not legal in accordance with city sanitary sewer service regulations, the owner shall be entitled to a second inspection to be scheduled within thirty (30) days of the original inspection. If, at this inspection, the city inspector determines that all violations of city sanitary sewer regulations have been corrected, the City shall immediately issue a certificate of sewer regulations compliance. (Sections 3.32 through 3.98, inclusive, reserved for future expansion.) SECTION 3.99. VIOLATION A MISDEMEANOR. Every person violates a section, subdivision, paragraph or provision of this Chapter when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. 34 ti.iry;rsau 7800 Golden Valley Road Golden Valley> MN 55427-4588 763-593-8000 163-5934109 (fax) 763-593-3968 (TDD) Mayor and Council 763-593-8006 City Manager 763-593-8002 'Public Safety Police: 763.593-8079 Ere; 763-593-8055 763-593-8098 (fax) ablc Works 763-593-8030 761-593-3988 (fax) 11ey www. cz.gozaen-valley. mn. us September 8, 2006 Jason Willett Metropolitan Council Environmental Services Finance Director 390 Robert Street North St. Paul, MN 55101-1805 Subject: Preliminary Inflow/Infiltration (1/1) Surcharge for 2007 Request for Adjustment and Credit Dear Mr. Willett: This letter is to acknowledge the receipt of your letter, dated July 13, 2006. It is the intention of the City of Golden Valley to request an adjustment and a credit to the preliminary surcharge. Inspections Short Elliott Hendrickson Inc. has performed an 1/1 Study for the City of 763-593-8090 Golden Valley that was completed in March 2006 and accepted by the 763-593-399' (fa") City Council on April 4, 2006. The City is requesting that the costs for this Motor Vehicle Licensing study, in the amount of $139,430, be made as an adjustment. The 763-593-8101 engineer certification and executive summary of this study are attached. Planning and Zoning 763-593-8095 Finance 763-593-8013 Assessing 763-593-8020 Park and Recreation 200 Brookview Parkway Golden Valley, MN 55426-1364 763-512-2345 763-512-2344 (fax) 763-593-3968 (TDD) The attached /// Project and Cost Eligibility Form, along with accompanying documentation, lists the proposed projects and associated costs that target the reduction of system 1/1. It is the understanding of the City that MCES will respond regarding the eligibility of these proposed projects and associated costs for surcharge credit by November 15, 2006. The City will submit a Surcharge Credit Verification Form and supporting information to MCES by March 31, 2008, verifying the actual costs expended for 1/1 mitigation. The City recognizes that if these costs are not equal to or greater than the preliminary surcharge amount, the difference will be added to the 2009 surcharge total. GAPROJECTS\Inflow and Infiltration\Surcharge\DraftSurchargeResponseLtr090806.doc Jason Willett September 8, 2006 Page 2 If you have any questions or comments, please contact me at 763.593.8035, or at iclancy(a)-ci.golden-valley.mn.us. Sincerely, J inine Clancy Director of Public Works Enclosures C: Peggy Leppik, Metropolitan Council Member, District 6 Kyle Colvin, Principal Staff Engineer, MCES Engineering and Planning Group Thomas D. Burt, City Manager Sue Virnig, Finance Director Jeff Oliver, PE, City Engineer Tom Klatt, Public Works Maintenance Manager Bert Tracy, Utilities Maintenance Supervisor GAPROJECTS\Inflow and Infiltration\Surcharge\DraftSurchargeResponseLtr090806.doc Sanitary Sewer Collection System Inflow and Infiltration Study Golden Valley, Minnesota SEH No. A-GOLDV0407.00 March 29, 2006 I hereby certify that this report was prepared by me or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws Date: March 29, 2006 Lic. No.: 16241 qF4 Reviewed by:/a 29 . Date Short Elliott Hendrickson Inc. 3535 Vadnais Center Drive St. Paul, MN 55110-5196 651.490.2000 Appendix B: 1/1 Project and Cost Eligibility Form 13 Application for 2007 Credit ❑ Application for 2008 Rebate This form should be completed by communities requesting a credit for work to be done in 2007 checking the box "Application for Credit". Communities requesting a rebate of eligible expenses should check the box, "Application for Rebate". When approved credits exceed the surcharge amount, the surcharge bill from MCES will be eliminated. Send completed form(s) to: Mail: Manager, Municipal Services 390 N. Robert Street St. Paul, MN 55101 Community: City of Golden valley Fax: Attn: Manager, Municipal Services (651) 602-1030 20071/1 Work (planned or actual expenditures): $_ 0 5, 651, a) Public Facility Work: Attach detailed description of the 2007 1/1 reduction work. Itemize the type of work to be completed in 2007 or actually completed in 2007 on the public sanitary sewer system, and the estimated or actual costs. MCES may request additional documents to verify actual or planned expenditures. Include the percent of each project that is related to 1/1 mitigation. Summary of Costs: See attached summary. b) Private Property Work: For Credit, attach a detailed description of the Community's inspection program for broken service laterals and illegal connections of sump pumps or passive drain tile(s). Or for a rebate of prior -year expenditures, attach a detailed list itemizing the location and repairs made on private properties within the community. Sump pump disconnections: $150 per dwelling = $ Foundation drain disconnections: $3,000 per building = $ Rain leader disconnections: $100 per single family dwelling = $ Rain leader disconnections: $3,000 per commercial dwelling = $ Service lateral repairs: $5,000 per repair Describe Other Work: See attached summary. Total estimate or actual for the time period noted above: $ 505,651 City or Township Jeaniriine Clancy, Director Date Signed: Form: 11 -project -2007 is Workf Phone #: 18 763.593.8035 Last update: 5/12/06 �I O V Z Q H W O a J J Q Z W a O 0 O O O O CO w O O N O W T- ti M O O O 1- O O O T- O M O U) O CO O Ip O O M O M 10 %- c (0 O V• CD I. e- N r- CO W 1"� c`) M N (fl N � N U) O d4 coO y C C O O t C >, O d p ` a) O N +' a) O N N i O U > °' w = C E c c0v) N o O N a O O ` i-- ca o c I - OO` N to N u0i a) d O N d +� U Q w C J W d O ++ N d i O_ �O O N E >+ 7 o O O U 3 V C C 'Q U fl- 0 'O 2 0 3 o aQ U Q st n C Q 0 N o N to Y C 3 = _ � U) H - O r+ f6 (C (0 (n m N A U O ECD a) W c N >, � N a? •0f E O = 0 E U C O i E d U cOo m (n 0) CV O ) U X ON E O CoO ar C Q +. m rrn o �� �a o oc c`v �E E o m E o c rn m a) E a) ,t O N c g O E c x> W- O U E E X O ,, m OU QOrL CL 4)aCL aco m 0. ON -0 IL N W . N N N N 4— v0- N >, �m Oo °� E a; �� oa�i °a) O to = o f O C a) m = a o f o Z o �m �� m� m �E €o CUm c�m �+ m >, o a� r ca °� o 06 cm N � � Ca ami eco cc co ami o � � � o fn o. a of 6- a. N S in c a w C co C o E o E t c t r aa) U y U a c a o CL o c '� N m ` a) O +N Q C p N Q C O U C 2 U .� o o O OfA Y > O > m o Z> N a a ti a` o v c m 0 U W 0 a 0 Executive Summary The City of Golden Valley, like the majority of the communities in the Metropolitan Twin Cities area, has spent considerable time and energy managing inflow and infiltration (1/1) within their sanitary sewer collection system. The Metropolitan Council Environmental Services (MCES) has implemented a surcharge program which is designed to encourage metro communities to reduce I/I entering their portion of the sanitary collection system. During a number of significant rainfall events over the past five years, Golden Valley's inflow contribution has reached the levels that trigger the MCES surcharge. The City's peak hour inflow has exceeded the acceptable peak hour flow rates established during a recent study of I/1 by the MCES in the metro area. The initial phase of the 1/1 analysis investigation included installation of six groundwater monitoring wells to determine local groundwater conditions and their possible effect on 1/1 entering the Golden Valley sanitary sewer system. Nineteen portable flow meters were installed in strategic locations (identified as Sewer Districts) to isolate areas of the sanitary sewer collection system. The portable flow meters were installed in the collection system for four months to collect wastewater data in order to determine dry and wet weather conditions. A rain gauge was installed at the Golden Valley City Hall complex to correlate rainfall to any increases in wastewater flow. Peak hour rates and daily flow rates by location were recorded and correlated to rainfall intensity to determine M rates for each rainfall event. Meter reconnaissance was performed during the initial investigation to determine acceptable locations for flow monitoring. The flow monitoring occurred during a dry period and provided only average rainfall intensities. Fortunately, the Golden Valley sanitary sewer system responds well to small storm events. Six storm events (June 8, June 20, June 27, July 25, August 26, and September 4, 2005) produced a good response to rainfall and provided the type of data necessary to quantify flow monitoring results. None of these events produced a rainfall event greater than one inch in an hour and over two inches in a 24-hour period. Groundwater levels did not fluctuate much during the monitoring period except slightly in late September when rainfall was recorded more often and over a greater duration. Water level readings were the highest in the northwest through the southeast sections of the City and seem to correlate with the districts with the higher potential for 1/1. The peak hour rainfall event during the monitoring period was approximately 7.9 (millions gallons per day) which was not high enough to exceed the criteria established by the MCES for a surcharge. On October 4, 2005, a significant storm event did occur and caused the City to record a peak flow rate of approximately 13.8 mgd. The peak rate was above the allowable peak hour rate of 8.38 mgd established by the MCES in order to determine the amount of the surcharge. Based on the peak hour flow rates recorded at each portable flow meter during a number of rainfall events in June through September, the highest peak flow rates were estimated to be found in the west and south areas of the City. Districts 9, 10, 13, 16, and 17 (as shown on Figure 4) peak rates increased to three to four times the normal daily dry weather flows. Based on the results of the flow monitoring, additional field investigation work and sewer rehabilitation will need to be conducted in the coming years to continue isolating specific sources of I/I and stay ahead of the additional MCES surcharges and demand charges. The City of Golden Valley will need to continue an 1/1 reduction program to isolate and prioritize sewer rehabilitation in their sanitary collection system, both on the public and private property side of the system. SEH recommends continuing with the City's current cleaning and closed circuit television inspection programs, developing a new program for private property, GAPROJECTS\Inflow and Infiltration\Surcharge\SEHExecSummary.doc commercial, and residential private property building inspection, including conducting follow-up inspections in districts with significant I/I potential, developing service lateral inspection and repair program, work with MCES staff to evaluate the Bassett Creek interceptor and the MCES interceptor running from the City of St Louis Park, and continue to monitor MCES flow meter station maintenance and performance to ensure the data is reliable and to check the progress of future sewer rehabilitation measures implemented by the City. The City will need to implement an VI reduction program with the elements listed in this study to reduce VI and minimize peak inflow rates in the City's sanitary sewer collection system. The City should document all expenses for any VI investigations and/or sewer system rehabilitation in the event of a surcharge to show the MCES the City is continuing in its effort to reduce UI in the sanitary sewer collection system. GAPROJECTS\Inflow and Infiltration\Surcharge\SEHExecSummary.doc