HomeMy WebLinkAboutAgenda Packets - 2016/04/04
CITY OF MOUNDS VIEW
CITY COUNCIL WORK SESSION AGENDA
MOUNDS VIEW CITY HALL
Monday, April 4, 2016
7:00 p.m.
Revised as of April 4, 2016, at 1:30 p.m.
ROLL CALL: Flaherty, Gunn, Hull, Meehlhause, Mueller
PUBLIC COMMENT
Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your
full name and address for the minutes. Also, please limit your comments to three minutes.
Agenda Items Discussed by Consensus
1. Review North Suburban Communications Commission Strategic Planning Efforts
2. Presentation by Frances Veit, Mounds View Branch Library Manager
3. HeartSafe Community Presentation by Allina
4. Review Ordinance 914 Amending Chapter 1303 of the Mound View Code Relating to
Construction Site and Land Disturbance Runoff Control
5. Discussion on Moratorium Ordinance Relating to Intoxicating Liquor Licenses
6. Discuss Twin Cities Gateway 2016 Member City Grant Agreement
Next Work Session: Monday, May 2, 2016, at 7:00 p.m.
Next City Council Meeting: Monday, April 11, 2016, at 7:00 p.m.
City of Mounds View
1303.01 1303.02 (Rev. 11/08)
CHAPTER 1303
CONSTRUCTION SITE AND LAND DISTURBANCE
RUNOFF CONTROL
(Added, Ord. 804, 11-19-08)
SECTION:
1303.01: Findings of Fact
1303.02: Purpose
1303.03: Definitions
1303.04: General Conformance
1303.05: Conflict with Other Laws
1303.06: Land Disturbance Permit
1303.07: Submittal Requirements
1303.08: Permit Review and Approval Process
1303.09: Enforcement Actions
1303.10: Penalties
1303.01: FINDINGS OF FACT: The City of Mounds View hereby finds that
uncontrolled land disturbance activities are subject to SOIL EROSION and other pollutants
which 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 resources and hindering the ability of the City of Mounds View to provide
adequate water, sewage, flood control and other community services.
1303.02: PURPOSE: The purpose of the Chapter is to promote, preserve and enhance the
natural resources within the City of Mounds View and protect them from adverse effects
occasioned by poorly sited development or incompatible activities by regulating land disturbance
activities that would have an adverse and potentially irreversible impact on water quality and
environmentally sensitive land; by minimizing conflicts and encouraging proper installation and
maintenance of best management practices (BMPs) for land disturbance activities; and by
requiring detailed review standards and procedures for land disturbance activities proposed for
such areas.
City of Mounds View
1303.03: DEFINITIONS: For the purposes of this Chapter the definitions listed hereunder
shall be construed as specified in this Section.
Subd. 1. APPLICANT: Any person or group that applies for a permit to allow land
disturbance activities. Applicant also means that person’s agents, employees, and others
acting under this person’s or group’s direction. The term “applicant” also refers to the
permit holder or holders and the permit holder’s agents, employees, and others acting
under this person’s or group’s direction.
Subd. 2. APPROVAL: Shall mean the proposed work or completed work conform to this
Chapter in the opinion of the City.
Subd. 3. CITY: Is the administrative staff, or its agent, of the City of Mounds View.
Subd. 4. COMMON PLAN OF DEVELOPMENT OR SALE: A continuous area where
multiple separate and distinct land disturbance activities may be taking place at different
times, or on different schedules, but under one (1) proposed plan including but not
limited to mass site grading, utility installation, street construction and home or building
construction. This item is broadly defined to include design, permit application,
advertisement or physical demarcation indicating that land disturbance activities may
occur.
Subd. 5. EARTHEN MATERIAL: Any rock, natural soil or fill and/or any combination
thereof.
Subd. 6. EROSION: The wearing away of the ground surface as a result of the movement
of wind, water and/or ice.
Subd. 7. EROSION CONTROL: Methods employed to prevent erosion. Examples
include soil stabilization practices, horizontal slope grading, temporary or permanent
cover, and construction phasing.
Subd. 8. EXCAVATION: The mechanical removal of earthen material.
Subd. 9. FILL: A deposit of earthen material occurring via human activity.
Subd. 10. FINAL STABILIZATION: All soil disturbance activities on the site or common
plan of development or sale have been completed, and that a uniform (evenly distributed,
e.g., without large bare areas) perennial vegetative cover with a density of at least seventy
percent (70%) of the cover for unpaved areas and areas not covered by permanent
structures has been established, or equivalent permanent stabilization measures have been
employed, and that all temporary erosion control devises are removed, including silt
fence, temporary sedimentation basins, and temporary standpipes. Simply sowing grass
City of Mounds View
seed and/or mulch is not considered final stabilization. Final stabilization of a common
plan of development or sale includes completion of building or home construction along
with final restoration of all yards and adjacent drainage ways and shall be in conformance
with the NPDES Construction General Permit Part IV.G.
Subd. 11. GRADE: The vertical location of the ground surface.
Subd. 12. GRADING: Any excavating or filling or combination thereof.
Subd. 13. LAND DISTURBANCE ACTIVITY: Any land change that may result in soil
erosion from water or wind and the movement of sediment into or upon waters or lands
within the City’s jurisdiction, including construction, clearing and grubbing, grading,
excavating, transporting and filling of land.
Subd. 14. LAND DISTURBANCE PLAN: A joint storm water and erosion and sediment
control plan that is a document containing the requirements of this Chapter and the City
of Mounds View Land Disturbance Plan and Implementation Requirements, that when
implemented will decrease soil erosion on a parcel of land and off-site nonpoint
pollution. It involves both temporary and permanent controls.
Subd. 15. NPDES: The National Pollutant Discharge Elimination System is a provision of
the Clean Water Act that prohibits discharge of pollutants into waters of the U.S. unless a
special permit is issued by the EPA, a state, or a tribal government.
Subd. 165. PERMANENT CONTROLS: Erosion and/or sediment control measures installed
that are not intended to be removed from the project site. Examples of such protection are
swales, ponds, sediment basins, turf reinforcement mats, storm sewer systems, and riprap.
Subd. 176. PERMANENT COVER: Examples including grass, gravel, asphalt, and concrete.
See also the definition of final stabilization.
Subd. 187. PERMIT: A written warrant or license granted for land disturbance activities.
Subd. 198. 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, wind, or
ice, and has come to rest either above or below water level.
Subd. 2019. SEDIMENTATION: The process or action of depositing sediment.
Subd. 2120. SEDIMENT CONTROL: The methods employed to prevent sediment from
leaving a site. Examples of sediment control practices are silt fences, sediment traps,
earth dikes, drainage swales, check dams, subsurface drains, storm drain inlet protection,
and temporary or permanent sedimentation basins.
Subd. 221. SITE: Any lot or parcel of land or contiguous combination thereof, under the
City of Mounds View
same ownership, where a land disturbance activity is performed or permitted.
Subd. 232. SLOPE: An inclined ground surface the inclination of which is expressed as a
ratio of horizontal distance to vertical distance.
Subd. 243. SOIL: Naturally occurring superficial deposits overlying bedrock.
Subd. 254. STORM WATER: Precipitation runoff, storm water runoff, snow melt runoff,
and any other surface runoff and drainage, as defined under Minnesota Rule 7077.0105,
subpart 41b.
Subd. 26. SWPPP: The Stormwater Pollution Prevention Plan is a document that describes a
process whereby a facility thoroughly evaluates potential pollutant sources at a site and
selects and implements appropriate measures designed to prevent or control the discharge
of pollutants in stormwater runoff.
Subd. 275. WETLANDS: As defined in Minnesota Rules 7050.0130, subpart F0186 subpart
1a. B., are 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.
Constructed wetlands designed for wastewater treatment are not waters of the state.
1303.04: GENERAL CONFORMANCE: The owner of a SITE or manager of a common
plan of development or sale shall be responsible for maintaining any land disturbance activity in
such a way as not to create a hazard to life and limb; or endanger the environment; or adversely
affect the safety, use or stability of a property, public way or drainage channel; or deposit
sediment on or into adjacent properties, right-of-ways, drainage systems or wetlands until final
stabilization has been achieved.
Whenever the City determines that any land disturbance activity has become a hazard to life and
limb; or endangers the environment; or adversely affects the safety, use or stability of a property,
public way or drainage channel; or deposits sediment on or into adjacent properties, right-of-
ways, drainage systems or wetlands, the owner of the property upon which the land disturbance
activity is located, or other person or agent in control of said property, upon receipt of notice in
writing from the City, shall within the period specified therein repair or eliminate such land
disturbance activity so as to eliminate the hazard and be in conformance with the requirements of
this Chapter. The City may inspect any property for conformance with this Chapter.
1303.05: CONFLICT WITH OTHER LAWS: If the requirements of this Chapter are in
conflict with any other law, the stricter requirements shall be enforced.
City of Mounds View
1303.06: LAND DISTURBANCE PERMIT:
Subd. 1. PERMIT APPLICABILITY: Except as exempted in subdivision 4 of this
Section, no person shall conduct any land disturbance activity without first obtaining a
Land Disturbance permit from the City. A separate permit shall be required for each site
or common plan of development or sale, and may cover both excavations and fills. Any
changes or deviation from previously reviewed plans require an amended permit be
applied for and approved before the work is performed.
Subd. 2. LAND DISTURBANCE PERMIT FEES: A fee for each land disturbance permit
shall be paid to the City as established by resolution of the City Council.
Subd. 3. EXPIRATION: Every permit issued by the City under the provisions of this
Chapter shall expire by limitation and become null and void if the work authorized by
such permit is not commenced within ninety (90) days from the date of issuance of such
permit, or if the work authorized by such permit is suspended or abandoned at any time
after the work is commenced for a period of one hundred eighty (180) days. Before such
work can be recommenced, a new permit shall be first obtained to do so, and the fee
therefore shall be one-half the amount required for a new permit for such work, provided
no changes have been made or will be made in the original plans and specifications for
such work; and provided further that such suspension or abandonment has not exceeded
one (1) year. In order to renew action on a permit after expiration, the permittee shall pay
a new full permit fee. Any permittee holding an unexpired permit may apply for an
extension of the time within which the permittee may commence work under that permit
when the permittee is unable to commence work within the time required by this Section
for good and satisfactory reasons. The City may extend the time for action by the
permittee for a period not exceeding one hundred eighty (180) days upon written request
by the permittee showing that circumstances beyond the control of the permittee showing
that circumstances beyond the control of the permittee have prevented action from being
taken. No permit shall be extended more than once.
Subd. 4. EXEMPTIONS: No person shall do any land disturbance activity without first
obtaining a land disturbance permit from the City, except that no permit shall be required
for the following activities:
a. A LAND DISTURBANCE ACTIVITY which meets all of the following
requirements:
(1) Is located in an isolated, self-contained area and does not have the
potential to discharge water from the site or into natural water bodies within the
site;
(2) There is no danger apparent to private and/or public property;
(3) Does not infringe upon any wetland or ponding area or impede any drainage
City of Mounds View
course;
(4) The total area of disturbance is less than one (1) acre and is not part of a
common plan of development or sale that is equal to or greater than one (1) acre;
(5) The total volume of disturbed, stockpiled, disposed of, or used as fill does
not exceed fifty (50) cubic yards; and
(6) Is an EXCAVATION that is less than two feet (2’) in depth and does not
create a cut slope greater than five feet (5’) in height, or it steeper than two (2)
horizontal to one (1) vertical or is a FILL that is less than two feet (2’) in depth and
place on natural terrain with a slope flatter than three (3) horizontal to one (1)
vertical, or is less than three feet (3’) in depth, not intended to support structures.
b. Any LAND DISTURBANCE ACTIVITY that disturbs less than one (1) acre and
disturbs, stockpiles, disposes of, or uses FILL more than fifty (50) cubic yards and has
received a written waiver to apply for land disturbance activities by the CITY. Waivers
will be considered on an individual basis depending on drainage characteristics or risk of
environmental or property damage.
c. Refuse disposal SITE controlled by other regulations, laws or the City Code.
d. EXCAVATION for wells or tunnels or utilities controlled by other regulations,
laws or the City Code.
e. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel,
aggregate or clay where established and provided for by law or ordinance. This shall not
exempt these types of activities from the conditional permit requirements set forth by the
City Code.
f. Tilling, planting, or harvesting of agricultural, horticultural or forestry crops.
g. Exploratory excavations and borings under the direction of geotechnical engineers
or engineering geologists.
h. Emergency work necessary to protect life, limb, or property.
i. City, county, state or federal agency projects whose plans and specifications meet
the requirements of this Chapter and are reviewed and approved by the City under a
separate process.
j. A lot for which a building permit has been approved on or before the effective
date of this Chapter.
k. Any part of a subdivision if a final plat for the subdivision has been approved by
City of Mounds View
the City Council on or before the effective date of this Chapter.
l. Installation of fence, sign, telephone, and electric poles and other kinds of posts or
poles.
Exemption from the permit requirements of this Chapter shall not be deemed to grant
authorization for any work to be done in any manner in violation of the appropriate best
management practices set forth in the City of Mounds View Land Disturbance Plan and
Implementation Requirements.
1303.07: SUBMITTAL REQUIREMENTS:
Subd. 1. PERMIT APPLICATION: To obtain a permit, the applicant shall first file an
application on a form furnished by the City for that purpose. Every such application shall:
a. Identify and describe the work to be covered by the permit for which application
is made.
b. Describe the land on which the proposed work is to be done by legal description,
street address or similar description that will readily identify and definitely locate the
proposed building or work.
c. Indicate the purpose of the proposed work.
d. Be accompanied by plans, diagrams, computations and specifications and other
data as required in subdivision 3 of this Section.
e. State the valuation of the work.
f. Create a land disturbance plan as required by subdivision 3 of this Section.
g. Be signed by the permittee or authorized agent.
h. Give such other data and information as may be required by the City.
i. Approximate start date and anticipated date of completion.
Subd. 2. FINANCIAL SECURITY:
a. Security Required. The applicant shall provide the City with financial security to
ensure the performance of the applicant’s obligation pursuant to this Chapter. The
financial security may be in the form of a bond, letter of credit, escrow deposit or cash.
The financial security must be provided to the City upon the submittal of the permit
application. The City may use the financial security to assure that the work is completed
in accordance with the submitted plans and specifications and the provisions of this
City of Mounds View
Chapter. The financial security may also be used by the City to eliminate any hazardous
conditions associated with the work and to repair any damage to public property or
infrastructure that is caused by the work. Applicants who are applying for land
disturbance permit for projects that consist of one (1) lot with one (1) single family home
are exempt from the financial security requirement of this Chapter, so long as the City
determines that there is no potential for environmental degradation.
b. Amount of Security. The amount of security shall be one-hundred twenty-five
percent (125%) of the estimated cost to accomplish compliance with the approved Land
Disturbance permit or two thousand dollars ($2,000.00), whichever is greater, in addition
to any other security performance required by any other regulations in this Code. The
estimated cost shall be subject to approval by the City Public Works Department.
c. Reduction of Financial Security. If requested by the applicant, the amount of the
financial security may be reduced by the City, subsequent to City inspection. Said
reduction will be based upon the extent to which the grading and restoration have been
completed and shall consider the continued need for erosion control. At no time prior to
final stabilization, shall the security be reduced to less than ten percent (10%) of the total
original security amount.
d. Release of Security. Any remaining amount of the financial security deposited
with the City for faithful performance of the plans and specifications and any related
remedial work will be released after the completion and inspection of all such measures
and the establishment of final stabilization, for the permitted site or common plan of
development or sale.
e. City Remedy. If compliance with the approved Land Disturbance permit is not
accomplished within the allowable time period, the City may bring the project into
compliance by use of the security.
f. Exemptions. The City shall be exempt from the requirements of this Section.
Subd. 3. LAND DISTURBANCE PLAN: Each application for a Land Disturbance permit
shall be accompanied by copies of a land disturbance plan consisting of the following
dependent upon the type and size of land disturbance activity conducted as described
below:
a. For any individual residential lots or commercial and industrial land disturbing
less than one (1) acre; and fill or excavate less than one hundred (100) cubic yards:
(1) Identification of proposed contour grading on the site at vertical intervals
of not more than two (2) feet;
(2) Drainage patterns clearly shown using arrows depicting direction of flow;
City of Mounds View
(3) A map showing the stages or limits of grading together with the existing or
proposed finished elevations based on sea level readings;
(4) Identification of proposed building bench elevations;
(5) Submission of preliminary plans or program for water supply, sewage
disposal, drainage and flood control;
(6) Soil borings, if required by the City Engineer;
(7) Appropriate best management practices set forth in this Chapter and the
City of Mounds View Land Disturbance Plan and Implementation Requirements
developed by the City; and
(8) Other information as required by the City based on specific project
characteristics.
b. For all subdivisions and commercial or industrial sites in which land disturbance
activities will impact one (1) or more acre; or fill or excavate over one hundred (100)
cubic yards, whichever is more restrictive; or any other site if determined appropriate by
the City Engineer due to potential impacts to wetlands or sensitive receiving waters.
(1) Grading Plan. A grading plan shall be provided that clearly indicates
the proposed land disturbance activities. Both existing and proposed topography
shall be shown and have a maximum contour interval of two feet (2’). Drainage
patterns shall be clearly shown using arrows depicting direction of flow. Other
information shall be shown as required by the City based on specific project
characteristics.
(2) Phasing Plan. A phasing plan shall be provided that clearly indicates the
areas in the order they are to be disturbed and restored. The phasing plan shall
consider minimization of area and duration of exposed soil and unstable
conditions, minimization of the disturbance of natural soil cover and vegetation,
erosion and sediment control measure installation, weather conditions and the
schedule for temporary and permanent restoration. The area and duration of each
phase shall be indicated on the plan.
(3) Pond Detail Sheet. A pond detail sheet shall be provided for each proposed
storm water pond that shows detailed pond design including normal water level,
high water level, aquatic bench, maintenance bench, outlet structures, emergency
overflow locations and other project specific data required by the City.
(4) Standard Detail Sheet. A standard detail sheet shall be provided that
consists of applicable construction details for approved erosion and sediment
control measures as developed by the City. Other techniques may be used upon
City of Mounds View
prior approval by the City with details provided by the designer.
(5) Specifications. Written specifications for land disturbance activities such as
product descriptions, installation and maintenance procedures required by the
applicant to carry out the project in accordance with this Chapter.
(6) Storm Wwater Pollution Prevention Plan (SWPPP) as required under the
National Pollution Discharge Elimination System (NPDES) Storm Wwater Permit
issued by the MPCA. The storm water pollution prevention plan SWPPP shall
consist of three (3) components, (1) a temporary erosion and sediment control
plan, (2) a permanent erosion and sediment control plan, and (3) a narrative.
(a) Temporary Erosion and Sediment Control Plan: Shall be
provided that indicates the location of perimeter controls, construction
fence, temporary sedimentation basins, inlet protection, areas to be
seeded, areas to be mulched or blanketed, location of construction
waste control (dumpsters, chemical storage, concrete washout, portable
restroom facilities, etc.) and all other required temporary erosion and
sediment control measures as described in the City of Mounds View
Land Disturbance and Implementation Requirements. This plan shall also
indicate staging of temporary erosion control measures.
(b) Permanent Erosion and Sediment Control Plan: Shall be provided that
indicates areas to be seeded and sodded, sediment ponds, storm sewer
systems and all other required permanent erosion and sediment control
measures. Permanent storm water pollution controls including, but not
limited to ponds, vegetated buffers and structural measures shall be
designed and constructed in accordance with other Chapters of the City
Code and requirements of other agencies having jurisdiction.
(c) Narrative: Shall be provided that describes, at a minimum, the
nature of construction activity, person(s) responsible for inspection and
maintenance of site erosion and sediment control including contact
information, project phasing, schedules, along with the timing, installation
and maintenance of erosion and sediment control measures and
specifications necessary to carry out the project.
Subd. 4. NPDES PERMIT DOCUMENTATION: The property owner’s agent shall apply
for and be issued a National Pollution Discharge Elimination System (NPDES) general
storm water permit from the Minnesota Pollution Control Agency (MPCA); and shall
submit to the City a copy of the MPCA Certificate of Permit Coverage.
1303.08: PERMIT REVIEW AND APPROVAL PROCESS:
City of Mounds View
Subd. 1. PROCESS: LAND DISTURBANCE PLANS meeting the requirements of
Section 1303.07, subdivision 3 and minimum Best Management Practices requirements
of the City of Mounds View Land Disturbance and Implementation Requirements will be
reviewed administratively by City staff and/or by the City Council.
If the land disturbance plan indicates land disturbance of three (3) or more acres, the land
disturbance plan shall be reviewed by the City Council. The City Council may approve,
approve with conditions, or deny the land disturbance plan. If applicable, City Council
action on the land disturbance plan must be accomplished within sixty (60) days
following the date the application for approval is filed with the City.
If the land disturbance plan indicates land disturbance of less than three (3) acres, the
land disturbance plan may be approved administratively by City staff, unless it is
determined that City Council review is necessary. City staff may approve, approve with
conditions, or deny the land disturbance plan. For administrative reviews, City action on
the plan will normally be accomplished within fourteen (14) days following the date the
application for approval is filed with the City. Land disturbance plans denied at the staff
level may be appealed to the City Council for Council review by the applicant, if such
appeal is filed in writing within fourteen (14) days of said appealdenial.
Subd. 2. APPROVAL STANDARDS:
a. Generally. All sites with land disturbance activities shall be prepared and
maintained to control against erosion and sedimentation as set forth in this Chapter and
the City of Mounds View Land Disturbance Plan and Implementation Requirements.
b. Erosion and Sediment Control. Temporary and permanent erosion and sediment
control measures shall be installed on all sites as necessary to prevent erosion and
sedimentation from impacting any adjacent property, rights-of-way, drainage system, lake,
pond, wetland, watercourse, natural resource or other protected area. The site shall
include, as applicable, BMPs to minimize the erosion and discharge of sediment and other
pollutants as described in the NPDES Construction General Permit Part IV.B and Part
IV.C.
c. Implementation of Land Disturbance Plan. All erosion and sediment control
measures must be operational prior to the start of any land disturbance activity as specified
in the storm water pollution prevention planSWPPP, construction plans and specifications,
the City of Mounds View Land Disturbance Plan and Implementation Requirements, or as
deemed necessary by the City based on actual site conditions.
c.d. Site Dewatering. Water pumped from the site shall be treated by temporary
sedimentation basins, grit chambers, sand filters, upflow chambers, hydrocyclones, swirl
concentrators, or other applicable BMPs for dewatering activities as described in the
NPDES Construction General Permit Part IV.D. Water may not be discharged in a manner
City of Mounds View
that causes erosion, scour or flooding of the site or receiving channels or a wetland.
d.e. Inspection. Inspection of the land disturbance plan measures will be carried out as
required by the City approved land disturbance permit conditions of approval and the City
of Mounds View Land Disturbance Plan and Implementation Requirements. All
stormwater management BMPs shall be inspected weekly or after every ½ inch rain event
by the applicant. Site inspections and record of rainfall events shall comply with the
NPDES Construction General Permit Part IV.E.
e.f. Maintenance. All erosion and sediment control measures must be maintained
throughout the duration of the project. Deficiencies found through inspection of a site shall
be repaired as necessary to bring the site into conformance with this Chapter, the plans and
specifications, the City of Mounds View Land Disturbance Plan and Implementation
Requirements and as set forth in the land disturbance permit conditions or approval, and
comply with the NPDES Construction General Permit Part IV.E . At minimum, land
disturbance plan items shall be maintained as follows:
(1) If a perimeter erosion control device is found to have sediment
accumulation in excess of one third (1/3) of the total device height, the
sediment shall be removed within twenty four (24) hours of discovery.
(2) If an erosion control device is found to be nonfunctional, it shall be repaired
or replaced within twenty four (24) hours of discovery.
(3) Temporary sediment basins shall be maintained when sediment reaches one
half (1/2) the outlet height or one half (1/2) the storage volume within seventy two
(72) hours after discovery. The use and management of site temporary sediment
basins shall meet the requirements of the NPDES Construction General Permit Part
III.C.
(4) Additional erosion and sediment control measures shall be installed as
directed by the City as found necessary to protect life and limb, the environment,
properties or the stability of a property until final stabilization, has been achieved.
f.g. Solid and Hazardous Materials. Management of site solid waste and hazardous
waste materials shall meet the requirements of the NPDES Construction General Permit
Part IV.F.
1303.09: ENFORCEMENT ACTIONS:
Subd. 1. RIGHT OF ENTRY: The applicant shall promptly allow the City and its
authorized representatives, upon presentation of credentials to:
City of Mounds View
a. Enter upon the permitted site for the purpose of obtaining information,
examination of records, conducting investigations, inspections or survey.
b. Bring such equipment upon the permitted site as is necessary to conduct such
surveys and investigations.
c. Examine and copy any books, papers, records, or memoranda pertaining to
activities or records required to be kept under the terms and conditions of this permitted
site.
d. Inspect the STORM WATER pollution control measures.
e. Sample and monitor any items or activities pertaining to storm water pollution
control measures.
f. Require removal of any temporary or permanent obstruction to the safe and easy
access of such an inspection upon the inspector’s request. The cost of providing such
access shall be born by the applicant.
Subd. 2. LETTER OF WARNING: The City may inspect the project at any time to
determine that adequate construction site runoff control is being exercised in accordance
with the provisions of this Chapter, approved land disturbance plan, or City of Mounds
View Land Disturbance and Implementation Requirements. If, based on the City
inspection, the site is out of compliance with said provisions, the City will issue a letter of
warning to the permit holder outlining the areas of the site in noncompliance and specify
a time period in which corrections shall occur.
Subd. 3. NOTICE OF VIOLATION: If the corrective work is not completed and
compliance with the plan has not occurred within the time period set forth in the letter of
warning, the City will issue a notice of violation which describes the type of penalty
being issued to the applicant as described in Section 1303.10.
Subd. 4. EMERGENCY CORRECTIVE ACTION: In the event circumstances exist such
that noncompliance poses an immediate danger to the public health, safety and welfare,
as determined by the City, the City may take emergency corrective action to prevent any
such danger. The City shall make a reasonable effort to contact and direct the owner of
the subject property to take any necessary action. Any costs incurred by the City in
connection with any emergency action may be recovered from the applicant’s financial
security.
1303.10: PENALTIES:
Subd. 1. SUSPENSION OR REVOCATION: The City may, in writing, suspend or revoke
a permit issued under the provisions of this Chapter whenever the permit is issued in
error or on the basis of incorrect information supplied, or is found to be in violation of
City of Mounds View
any ordinance or regulation or any of the provisions of this Chapter.
Subd. 2. CITY REMEDY: If compliance with the approved land disturbance plan is not
accomplished within the allowable time period described in the letter of warning, the City
may bring the project into compliance by use of the financial security based on a time
period written in the notice of violation.
Subd. 3. STOP WORK ORDER: If corrective actions identified in the letter of warning
are not completed by the time period set forth by the City in the letter, the Public Works
Director or his or her designee may issue an order for the City to stop all inspections
required for land use or building permit approvals for the site until all corrective actions
identified in the letter of warning are completed. The applicant shall notify the Public
Works Director or his or her designee upon completion of the corrective action. Once the
Public Works Director has verified that corrective action has been taken, he or she shall
inform the applicant and the City shall resume inspections on the site no later than the
following business day.
Subd. 4. FINES: Any person that violates any provision of this Chapter may be given an
administrative citation and be required to pay an administrative fine pursuant to the
administrative offense provision of the City Code.
Subd. 5. MISDEMEANOR: Any person convicted of violating any provision of this
Chapter shall be guilty of a misdemeanor and shall be subject to a fine or imprisonment
as specified by state statute. Such penalty may be imposed in addition to an action against
the financial security, a stop work order or suspension or revocation of the permit by the
City.
Item No: 4
Meeting Date: April 4, 2016
Type of Business: Work Session
Administrator Review: ____
City of Mounds View Staff Report To: Honorable Mayor and City Council
From: Brian Erickson, Public Works Director
Item Title/Subject: Review Ordinance 914 Amending Chapter 1303 of the Mound
View Code Relating to Construction Site and Land Disturbance
Runoff Control
Discussion:
As part of Mounds View’s Municipal Separate Storm Sewer System (MS4) General Permit
coverage by the Minnesota Pollution Control Agency (MPCA) there is a need to update
Chapter 1303 of the Municipal Code. The updates provided in the attached document are
required in order to be compliant with the current statewide General Permit. In general,
these changes refer to the current Construction General Permit detailing appropriate
paragraphs that are to be followed. There are some minor grammatical corrections to the
chapter as well.
Staff recommends that the changes be presented at the upcoming Council meetings for first
and second reading and ultimately adoption. There is no public hearing requirement per
discussion with the City Attorney.
Respectfully submitted,
Brian Erickson – Public Works Director/City Engineer
Item No: 5
Meeting Date: April 4, 2016
Type of Business: Work Session
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, City Administrator
Item Title/Subject: Review Possible Moratorium Regarding Liquor Licenses
Introduction:
At the March 28, 2016, meeting, the City Council indicated that it would like to discuss
the possibility and process associated with enacting a moratorium prohibiting any new
liquor licenses in the City.
Discussion:
MN Statutes does not limit the number of off-sale liquor licenses that the City of
Mounds View may issue, however state law DOES limit the number of ON-sale licenses
to no more than twelve for a city of our population. There are presently four off-sale
licensed establishments (three intoxicating and one 3.2% license) in the community and
three on-sale licensed establishments.
Recommendation:
Discuss whether it makes sense to enact a moratorium to provide the City Council with
ample time to review whether the City should limit the number of liquor licenses issued
by the City of Mounds View. Staff will provide information on the process involved with
adopting a moratorium, should the Council desire to move in that direction.
Respectfully submitted,
________________________
James Ericson
City Administrator
Item No: 6
Meeting Date: April 4, 2016
Type of Business: Work Session
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, City Administrator
Item Title/Subject: Discuss the Twin Cities Gateway 2016 Member City
Marketing Grant Agreement
Background:
Since 2009, the City of Mounds View has been a member of Twin Cities Gateway, a nine-
city Convention & Visitors Bureau. One of the Twin Cities Gateway’s programs is the
“Member City Marketing Grant.” Beginning in 2011, the program was structured so that
each member city receives an annual grant based on the percentage of lodging taxes
collected from the prior year. Each year, the Mounds View City Council has chosen to
provide grant funds towards Festival in the Park. Below is the breakdown of annual grant
fund allocations previously received from Twin Cities Gateway:
Year 2010 - $2,000
Year 2011 - $3,673
Year 2012 - $6,600
Year 2013 - $6,429
Year 2014 - $6,504
Year 2015 - $6,504
Discussion:
The TC Gateway Board of Directors has changed the grant amounts and policies for 2016
in that no longer will member cities be able to apply for supplemental grants outside of the
annual marketing grant process. By eliminating the supplemental grants, the annual
amount increased from last year’s $6,504 to $8,672 for 2016. Given the increased
allotment, staff felt it would be beneficial to discuss how the dollars should be distributed,
consistent with the Gateway’s requirements that it be spent on marketing community
activities outside of the member city.
I have been discussing a project with Nate Danielson from the YMCA in which they would
create a new website for booking events at the Community Center. The new site would be
linked from our website yet would provide much greater freedom and flexibilities not
presently possible through our existing provider. I have consulted with Steve Markuson,
the director (and sole employee) of TC Gateway, who indicated the creation of a dedicated
web presence for the Community Center would be an eligible expenditure consistent with
the program’s guidelines.
TC Gateway Funding
April 4, 2016
Page 2
Recommendation:
Staff recommends that the City Council discuss how the $8,672 from Twin Cities Gateway
should be distributed. Based on the direction provided, staff will prepare a resolution
accepting the grant and authorizing the execution of the attached grant agreement.
Respectfully submitted,
________________________
James Ericson
City Administrator