HomeMy WebLinkAboutCCAgen_09June24CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA June 24, 2009 A. CALL TO ORDER: 7:00 PM B. ROLL CALL: LINDSTROM ____ HARRIS ____
KUETTEL ____ LONG ____ MERCER-TAYLOR ____ MILLER ____ C. PRESENTATIONS: D. APPROVAL OF MINUTES: June 10, 2009 TAB 1 E. PUBLIC HEARINGS: F. CONSENT AGENDA: 1. General Disbursements through
6/18/09: $63,340.25 TAB 2 Payroll through 6/12/09: $16,542.02 G: POLICY ITEMS 1. Resolution 09-05 adopting the Falcon Heights 2030 Comprehensive TAB 3 Plan 2. Ordinance Relating to Illicit
Discharge Into City Storm Sewer System TAB 4 H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT: If you have a disability and need accommodation in order to attend this
meeting, please notify City Hall 48 hours in advance between the hours of 8:00 a.m. and 4:30 p.m. at 651-792-7600. We will be happy to help. ????????????????????f ?#?#
CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA June 10, 2009 A. CALL TO ORDER: 7:00 PM B. ROLL CALL: LINDSTROM _X___ HARRIS _X___
KUETTEL _X___ LONG _X___ MERCER-TAYLOR _X___ MILLER _X___ C. PRESENTATIONS: D. APPROVAL OF MINUTES: May 27, 2009 APPROVED F. PUBLIC HEARINGS: 1. MS4 Permit Presentation and Public Hearing-Addendum
F. CONSENT AGENDA: KUETTEL MOVED APPROVAL 5-0 1. General Disbursements through 6/4/09: $108,703.63 Payroll through 5/28/09: $15,822.12 2. City License Renewal 3. Appoint to Human Rights
Commission 4. Variance request for 1496 Larpenteur Avenue MOVED TO POLICY AGENDA G: POLICY ITEMS 1. Variance request for 1496 Larpenteur Avenue MERCER-TAYLOR MOVED APPROVAL 5-0 2. 2010-2011
Police Contract with the St. Anthony Police Department KUETTEL MOVED APPROVAL 5-0 3. Resolution Awarding Bids for 2009 Contract A HARRIS MOVED APPROVAL 5-0 K. INFORMATION/ANNOUNCEMENTS:
L. COMMUNITY FORUM: M. ADJOURNMENT: ADJOURNED AT 8:27PM
CONSENT F1 6/24/09 ITEM: General Disbursements and Payroll SUBMITTED BY: Roland Olson, Finance Director REVIEWED BY: Justin Miller, City Administrator EXPLANATION: General Disbursements
through 6/18/09: $68,340.25 Payroll through 6/12/09: $16,542.02 ATTACHMENTS: General disbursements and payroll ACTION REQUESTED: Approval
POLICY G1 6/24/09 ITEM: Resolution 09-05 adopting the Falcon Heights 2030 Comprehensive Plan SUBMITTED BY: Deborah Jones, Zoning and Planning Director REVIEWED BY: Justin Miller, City
Administrator On May 13 the Metropolitan Council found that the 2030 Comprehensive Plan update submitted by the City of Falcon Heights meets all the requirements of the Metropolitan
Land Planning Act, conforms to regional systems plans and is compatible with the plans of adjacent jurisdictions. This decision is the culmination of a process that began in the City
in 2005 and incorporated the input of many individuals. A draft plan was approved for submission by the Planning Commission and the City Council in 2008 and submitted to the Metropolitan
Council at the end of that year. In January Falcon Heights was informed that the plan required some minor additions in order to be considered complete for review. The additions requested
by the Metropolitan Council staff were submitted in February. The text of those changes is available for reading on the Falcon Heights website with the draft of the full plan: http://archive.ci.falco
-heights.mn.us/compplan2008/With those additions, the comprehensive plan was deemed complete and was submitted to the Community Development and Environment Committees for their review
and recommendation. The reports of those committees may be found in the documents for the May 13 meeting of the Metropolitan Council at the Council’s website: http://councilmeetings.metc.state.mn.us/
ouncil_meetings/2009/051309/051309.ht m The direct link to the document: http://councilmeetings.metc.state.mn.us/council_meetings/2009/051309/0513_2009 _97.pdf The Council adopted the
committee recommendations, authorizing the City of Falcon Heights to formally adopt its new comprehensive plan and put it into effect. Please see the attached letter from Phyllis Hanson.
The next step is for the City to formally adopt the new comprehensive plan by resolution.
Attachments: ? May 14 letter from the Metropolitan Council ? Resolution 09-05 adopting the Falcon Heights 2030 Comprehensive Plan Action Requested: ? Approve Resolution 09-05
Metropolitan Council 11 May 14,2009 Justin Miller, Administrator 2077 Larpenteur Avenue West Falcon Heights, MN 55 1 13 RE: City of Falcon Heights Comprehensive Plan Update Metropolitan
Council Review File No. 20398-1 Metropolitan Council District 10, Kris Sanda Dear Mr. Miller: At its meeting on May 13,2009, the Metropolitan Council completed its formal review of the
City's 2030 Comprehensive Plan Update. The Council based its review on the staffs report and analysis (attached). The Council found that the City's Update meets all Metropolitan Land
Planning Act requirements, conforms to the regional system plans transportation, including aviation, water resources management, and parks, is consistent with the 2030 Regional Development
Framework and is compatible with the plans of adjacent jurisdictions. The Council adopted the following recommendations: Recommendations of the Community Development Committee 1. Authorize
the City of Falcon Heights to put its 2030 Comprehensive Plan Update into effect without any plan modifications. 2. Inform the Council of the date when the Rice Creek Watershed District
approved the City's Water Resources Management Plan, and forward to the Council a copy of the approved plan. Recommendations of the Environment Committee: Approve the City of Falcon
Heights Tier I1 Comprehensive Sewer Plan. The Council requests the following: 1. A copy of the resolution of adoption by the local governing body indicating that the Plan as reviewed
by the Council is adoptsd. 2. Two copies of the City's final plan once it is revised to include all the information that was submitted. Thank you for sending the City's Update to the
Council for review. The Update should serve the City well. ~ h HISl 'H # s on, Manager Local Planning Assistance Attachment cc: Cryszal Carlson, MHFA Tod Sherman, Development Reviews
Coordinator, MnDOT Metro Division Kris Sanda, Metropolitan Council District 10 Cheryl Olsen, Reviews Coordinator 390 Robert Street North St. Paul. MN 55 101-1805 * 165 1) 602-1000 Fax
(65 1) 602-1550 TlY (651 1 291-0904 An Quai Opmrlunii?~E mplcyer
CITY OF FALCON HEIGHTS COUNCIL RESOLUTION June 24 2009 No. 09-05 ----------------------------------------------------------RESOLUTION ADOPTING 2030 COMPREHENSIVE PLAN UPDATE BE IT RESOLVED
by the City Council of the City of Falcon Heights: Section 1. Recitals 1.01 Minn. Stat. §§ 462.355 and 473.864 require the City to review its comprehensive plan and amend it, if necessary,
by December 31, 2008. 1.02 Following notice and a public hearing required under Minn. Stat. § 462.355, the Planning Commission has reviewed the Comprehensive Plan and has recommended
approval of the 2030 Comprehensive Plan Update (“2030 Update”). 1.03 The City has submitted the 2030 Update to adjacent governmental units and affected school districts for review and
comment in accordance with Minn. Stat. § 473.858. 1.04 The City has submitted the 2030 Update to the Metropolitan Council for review. 1.05 On May 13, 2009, the Metropolitan Council authorized
the City to put its 2030 Update into effect without any plan modifications. Section 2. Adoption 2.01 The City of Falcon Heights adopts the 2030 Plan Update. 2.02 The City Administrator/Clerk
is directed to forward a copy of this resolution to the Metropolitan Council along with two copies of the final 2030 Plan Update. -------------------------------------------------------------------Mo
ed by: Approved by: ________________________ Peter Lindstrom, Mayor May 13, 2009 LINDSTROM ____ In Favor KUETTEL Attested by:_________________________ HARRIS ____ Against Justin Miller,
Administrator LONG May 13, 2009 MERCER-TAYLOR
POLICY G2 6/24/09 ITEM: Ordinance Relating to Illicit Discharges into City Storm Sewer System SUBMITTED BY: Tim Pittman, Parks and Public Works Director REVIEWED BY: Justin Miller, City
Administrator EXPLANATION: Each year the city is required to hold a public hearing relating to our MS4 (Municipal Separate Storm Sewer System) permit. One of the requirements of this
permit is that the city adopt an ordinance which prohibits illicit discharges into our storm sewer system and defines what such illicit discharges are. The attached ordinance is standard
language that the MPCA asks each city to adopt. Staff and legal counsel have reviewed the draft ordinance and do not find any issues with it. ACTION REQUESTED: Staff recommends that
the Falcon Heights City Council adopt the attached ordinance relating to illicit discharges into the city storm sewer system.
145953v01 RNK:06/08/2009 1 CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA ORDINANCE NO. 09-02 AN ORDINANCE AMENDING CHAPTER 50 OF THE FALCON HEIGHTS CITY CODE CONCERNING ILLICIT DISCHARGE
AND DISPOSAL THE CITY COUNCIL OF FALCON HEIGHTS ORDAINS: SECTION 1. Chapter 50 of the Falcon Heights City Code is amended by adding Article IV to provide as follows: ARTICLE IV. ILLICIT
DISCHARGE AND DISPOSAL PROHIBITED Sec. 50-70. Purpose and findings. (a) Purpose. The purpose of this Article is to promote, preserve and enhance the natural resources within the City
and protect them from adverse effects occasioned by non-storm water discharged by regulating discharges that would have an adverse and potentially irreversible impact on water quality
and environmentally sensitive land. (b) Findings. The City Council hereby finds that non-storm water discharges to the City’s municipal separated storm sewer system are subject to higher
levels of pollutants that enter into receiving water bodies adversely affecting the public health, safety and general welfare by impacting water quality, creating nuisances, impairing
other beneficial uses of environmental. Sec. 50-71. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning: Best management practice (BMP) means erosion and sediment control and water quality management practices that are the
most effective and practicable means of controlling, preventing, and minimizing the degradation of surface water, including construction-phasing, minimizing the length of time soil areas
are exposed, prohibitions, and other management practices published by state or designated area-wide planning agencies.
145953v01 RNK:06/08/2009 2 Discharge means adding, introducing, releasing, leaking, spilling, casting, throwing, or emitting any pollutant, or placing any pollutant in a location where
it is likely to pollute waters of the state. Erosion means the group of natural processes, including weathering, dissolution, abrasion, corrosion, and transportation, by which material
is worn away from the earth's surface or the erosive process of washing away soil by water. Groundwater is water contained below the surface of the earth in the saturated zone including,
without limitation, all waters whether under conned, unconfined, or perched conditions, in near surface unconsolidated sediment or regolith, or in rock formations deeper underground.
Illicit connection is defined as either of the following: Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system
(including any non-storm water discharge) including sewage, process wastewater, and wash water and any connections to the storm drain system from indoor drains and sinks, regardless
of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or, 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 means any direct or indirect non-storm water discharge to the storm sewer system, except as exempted in this chapter. MPCA means the Minnesota Pollution Control Agency. Municipal
separate storm sewer system (MS4) means the system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made
channels, or storm drains) owned and operated by the City and designed or used for collecting or conveying storm water, and which is not used for collecting or conveying sewage. National
Pollutant Discharge Elimination System (NPDES) means the national program for issuing, modifying, revoking, and reissuing, terminating, monitoring, and enforcing permits, and imposing
and enforcing pretreatment requirements under sections 307, 318, 402, and 405 of the Clean Water Act, United States Code, title 33, sections 1317, 1328, 1342, and 1345. Person means
any individual, firm, corporation, partnership, franchise, association or governmental entity. Pollutant means any substance which, when discharged has potential to or does any of the
following:
145953v01 RNK:06/08/2009 3 Interferes with state designated water uses; Obstructs or causes damage to waters of the state; Changes water color, odor, or usability as a drinking water
source through causes not attributable to natural stream processes affecting surface water or subsurface processes affecting groundwater; Adds an unnatural surface film on the water;
Adversely changes other chemical, biological, thermal, or physical condition, in any surface water or stream channel; Degrades the quality of ground water; or Harms human life, aquatic
life, or terrestrial plant and wildlife. Pollutant includes but is not limited to dredged soil, solid waste, incinerator residue, garbage, wastewater sludge, chemical waste, biological
materials, radioactive materials, rock, sand, dust, industrial waste, sediment, nutrients, toxic substance, pesticide, herbicide, trace metal, automotive fluid, petroleum-based substance,
and oxygen-demanding material. Pollute means to discharge pollutants into waters of the state. Pollution means the direct or indirect distribution of pollutants into waters of the state.
State designated water uses means uses specified in state water quality standards. Storm sewer system is a conveyance or system of conveyances that is owned and operated by the City
or other entity and designed or used for collecting or conveying storm water. Storm water means precipitation runoff, storm water runoff, snow melt off, and any other surface runoff
and drainage. Surface waters means all waters of the state other than ground waters, which include ponds, lakes, rivers, streams, tidal and nontidal wetlands, public ditches, tax ditches,
and public drainage systems except those designed and used to collect, convey, or dispose of sanitary sewage. Sec. 50-72. Administration. The City and its authorized representatives
are authorized to administer, implement and enforce the provisions of this Article. Sec. 50-73. Illegal disposal and dumping.
145953v01 RNK:06/08/2009 4 (a) No person shall throw, deposit, place, leave, maintain, or keep any substance upon any street, alley, sidewalk, storm drain, inlet, catch basin conduit
or drainage structure, business place, or upon any public or private land, so that the same might be or become a pollutant, unless the substance is in containers, recycling bags, or
any other lawfully established waste disposal device. (b) No person shall intentionally dispose of grass, leaves, dirt, or landscape material into a water resource, buffer, street, road,
alley, catch basin, culvert, curb, gutter, inlet, ditch, natural watercourse, flood control channel, canal, storm drain or any fabricated natural conveyance. Sec. 50-74. Illicit discharges
and connections. (a) No person shall cause any illicit discharge to enter the storm sewer system or any surface water unless such discharge: (1) Consists of non-storm water that is authorized
by an NPDES point source permit obtain from the MPCA; (2) Is associated with fire fighting activities or other activities necessary to protect public health and safety; (3) Is one of
the following exempt discharges: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration
to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation,
springs, non-commercial washing of vehicles, natural riparian habitat or wetland flows, dechlorinated swimming pools and any other water source not containing pollutant; (4) Consists
of dye testing as long as the City provided a verbal notification prior to the time of the test (b) No person shall use any illicit connection to intentionally convey non-storm water
to the City's storm sewer system. (c) The construction, use, maintenance or continued existence of illicit connections to the storm sewer system is prohibited. This prohibition expressly
includes, without limitation, illicit connections made in the past regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of
connection. (d) A person is considered to be in violation of this Article if the person connects a line conveying sewage to the storm sewer system, or allows such a connection to continue.
Sec. 50-75. General provisions.
145953v01 RNK:06/08/2009 5 All owners or occupants of property shall comply with the following general requirements: (1) No person shall leave, deposit, discharge, dump, or otherwise
expose any chemical or septic waste in an area where discharge to streets or storm sewer system may occur. This section shall apply to both actual and potential discharges. a. Individual
septic systems must be maintained to prevent failure, which has the potential to pollute surface water. b. Recreational vehicle sewage shall be disposed to a proper sanitary waste facility.
Waste shall not be discharged in an area where drainage to streets or storm sewer systems may occur. c. For pools, water must be allowed to sit two (2) days without the addition of chlorine
to allow for chlorine to evaporate before discharging in an area where drainage to streets or storm sewer systems may occur. (2) Runoff of water into the storm sewer system shall be
minimized to the maximum extent practicable. Runoff of water into the storm sewer system from the washing down of paved areas is prohibited unless necessary for health or safety purposes.
(3) Mobile washing companies (carpet cleaning, mobile vehicle washing, etc) shall dispose of wastewater to the sanitary sewer. Wastewater must not be discharged where drainage to streets
or storm sewer system may occur. (4) Storage of materials, machinery and equipment must comply with the following requirements: 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 that is to
be repaired or maintained in areas susceptible to runoff shall be placed in a confined area to contain leaks, spills, or discharges. (5) Debris and residue shall be removed as follows:
a. All motor vehicle parking lots and private streets shall be swept at least once a year in the spring to remove debris. Such debris shall be collected and properly disposed. b. Fuel
and chemical residue or other types of potentially harmful material, such as animal waste, garbage or batteries 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.
145953v01 RNK:06/08/2009 6 Sec. 50-76. Industrial activity discharges. Any person subject to an industrial activity NPDES storm water discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required in a form acceptable to the City prior to the allowing of discharges to the storm sewer system. All facilities that
have storm water discharges associated with industrial activity must adhere to the following provisions: (a) Any person responsible for a property or premise, who is, or may be, the
source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to
the storm sewer system. These BMPs shall be part of a storm water pollution prevention plan (SWPPP) as necessary for compliance with requirements of the NPDES permit. Sec. 50-77. Notification
of Spills. 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 the storm sewer system, or water
of the state 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. In the event of a release of nonhazardous materials, said person shall
notify the City no later than the next business day. Sec. 50-78. Enforcement. (a) Notice of Violation. A violation of this Article is a Public Nuisance punishable in accordance with
section 1-7 of the City Code. When the City finds that a person has violated a prohibition or failed to meet a requirement of this section, the person is deemed to have created a Public
Nuisance subject to to abatement and assessment. The City may require the following: (1) The performance of monitoring, analysis, and reporting; (2) The implementation of source control
or treatment BMPs; and (3) Any other requirement deemed necessary to abate the public nuisance. SECTION 2. This ordinance shall be effective immediately upon is passage and publication.
ADOPTED this ______ day of ____________, 2009, by the City Council of Falcon Heights, Minnesota.
145953v01 RNK:06/08/2009 7 CITY OF FALCON HEIGHTS BY: ____________________________ Peter Lindstrom, Mayor ATTEST: ___________________________________ Justin Miller, City Administrator/Clerk