HomeMy WebLinkAboutAgenda Packets - 2012/02/06 (2)
CITY OF MOUNDS VIEW
CITY COUNCIL WORK SESSION AGENDA
MOUNDS VIEW CITY HALL
Monday, February 6, 2012
7:00 p.m.
ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn
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. Discuss Fiscal Disparities Program and the Potential Adoption of a Resolution
Authored by the North Metro Mayor’s Association
2. Discuss Goals and Desired Outcomes of the February 16, 2012 Council / Staff Retreat
3. Review Proposed Ordinance to Regulate Access to Peripheral Parking Areas in
Residential Districts
4. Review Proposed Ordinance for Illicit Discharge and Connection to Storm Drainage
System
5. Discuss Selection of a Board Member to the Spring Lake Park Fire Department, Inc.,
Board of Directors
Next Work Session: Monday, March 5, 2012, at 7pm
Next City Council Meeting: Monday, February 13, 2012 at 7pm
Item No: 2
Meeting Date: Feb 6, 2012
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 Goals and Desired Outcomes of the February 16,
2012, Council / Staff Retreat
Introduction:
At their December 12, 2011 meeting, the City Council set the date of the City Council /
Staff Retreat as February 16, 2012. Historically we have held such retreats at the Random
Park shelter building, however the shelter was not available on the selected date so the
retreat will be held at the Community Center instead.
Discussion:
As with previous retreats, we would anticipate the meeting to run from 6 pm to 9 pm, with
an agenda as follows:
6:00 pm Food & Informal discussion
6:15 pm Welcome—review expectations (Mayor)
6:30 pm Review 2011 City & Department Accomplishments (Dept Heads)
7:00 pm Review 2011 Council Goals and Priorities (City Administrator)
7:30 pm Discuss Potential Goals and Priorities for 2012 (Council)
8:00 pm Discuss 2013 Budget Assumptions (Finance Director)
8:30 pm Discuss Need for a Fall 2012 Retreat
9:00 pm Retreat Conclusion
The times allotted for each discussion point are estimates based on previous retreats.
Aside from an evaluation of the Council’s goals and priorities, are there other issues that
should be discussed? Other objectives to consider?
Recommendation:
Please review the proposed agenda, start time and duration, and let us know if changes
are needed, or if there is anything more that could or should be discussed or if anything
that should be removed from the discussion.
Respectfully submitted,
________________________
James Ericson
City Administrator
Item No: 3
Meeting Date: February 6, 2012
Type of Business: Work Session
Administrator Review: _____
City of Mounds View Staff Report
To: Honorable Mayor & City Council
From: Heidi Heller, Planning Associate
Item Title/Subject: Discussion about Driveways and Parking Areas in
Single-Family Residential Areas
Introduction:
Permits for replacement driveways or driveway expansions are one of the common permits
issued every year, and parking off an improved surface is one of the most common code
enforcement problems. City staff was discussing some of the specific parking problems that
occur and have talked to the Planning Commission about what the current regulations are for
driveways and parking areas, and if they would recommend any changes to the City Code.
Discussion:
Many properties in Mounds View have narrow driveways and/or more than two vehicles. The
City receives many complaints about and finds many vehicles parked off the driveway in the
grass. After repeated driving over the same grass area, eventually it turns into a dirt patch and
is not attractive. Several years ago, the City decided to allow up to 300 square feet of gravel
parking areas as a more affordable option for homeowners to expand their driveways or add
additional parking in the side or back yard. Most cities have driveway width and setback
regulations, even if they do not require a permit for one. The most common side setback
requirement is five feet. No cities require more than five feet (other than in a very low density
residential district) and only a couple cities allow less than that.
The Mounds View City Code currently regulates driveways and parking areas with these
restrictions:
Driveway curb cuts (the opening at the street) may not be more than 24 feet wide
Driveways may be the width of the garage plus 12 feet, or 35 feet wide, whichever is greater
Driveways must have a hard surface - asphalt, concrete, pavers
Up to 300 square feet of gravel may be used as a parking area
Driveways and parking areas must have a side yard setback of at least 5 feet
If an accessory building is to be utilized for the storage of frequently used vehicles, it shall be
serviced by an improved driveway (1106.03 subd. 1h)
All vehicles must be parked on a hard surface (exception: trailers with weight classifications
of A or B (0-3,000 pounds) may be parked on the grass)
All new construction homes must install a hard surface driveway. Existing gravel driveways
can be maintained, but not expanded in size.
Single-family properties are allowed to have 1 curb cut. Over the years, some property
owners have created a second curb cut. The second curb cuts are being eliminated when
the street is reconstructed unless it can be shown that the second access has been in place
for many years.
Driveway & Parking Area Discussion
February 6, 2012
Page 2
A driveway can be expanded or a separate parking area can be constructed in the side or back
yard, as long as it fits within the dimension and setback requirements. The idea for the separate
parking area is to allow the storage of seldom-moved vehicles or trailers to be stored on the
property without taking up space on the driveway. One of the problems that City Staff sees is a
separate parking area in the backyard that is not connected to the driveway and is being
accessed regularly. One particular problem property is located on a corner, and a vehicle is
driving over the curb daily to park on a gravel patch in the backyard. Staff recommends adding
language to the City Code that would require a hard surface driveway installed up to a parking
area if used frequently.
The Planning Commission has a Zoning Code amendment recommendation for additional
requirements for frequently accessed parking areas. The change is indicated in the resolution
by deleting the stricken language and adding the underlined text.
Chapter 1121.09
Subd. 7. Surfacing: All areas, as allowed in subdivision 1104.01(4) of this Title, to be utilized for
parking space and driveways shall be surfaced with a permanent improved surface
material as defined in Section 1102.02 of this Chapter, suitable to control dust, drainage
and erosion, meeting the requirements of Section 902.03 of this Code except as follows:
A gravel surface material meeting the specifications of Section 902.03, subdivision 5 of
this Code may be used for parking areas in an R-1 or R-2 District not to exceed three
hundred (300) square feet or, if to be used as a parking surface for an RV, the minimum
area that would encompass the wheel-base area of one (1) recreational vehicle. Plans for
surfacing and drainage of driveways and stalls for five (5) or more vehicles shall be
submitted to the Director of Community Development for review, and the final drainage
plan must receive the Director of Public Works/City Engineer's written approval.
a. All areas used regularly for the parking of a vehicle or vehicles shall be serviced
by an improved driveway adjoining to the property’s primary driveway. Access to
separate parking areas shall be achieved only from the property’s approved curb
cut opening at the street. Regularly accessing parking areas by other means or
locations shall be prohibited.
Recommendation:
The Council should review the code amendment language that the Planning Commission is
recommending regarding driveway and parking area regulations.
Sincerely,
Heidi Heller
Planning Associate
Item No: 4
Meeting Date: February 6, 2012
Type of Business: Work Session
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Nick DeBar, Public Works Director
Item Title/Subject: Review Proposed Ordinance for Illicit Discharge and Connection to
Storm Drainage System
Background/Discussion:
The City’s storm drainage system is comprised of over 30 miles of storm sewer piping, 1,500 catch
basins and drainage structures, 10 regional ponds, and other components including infiltration basins,
underground storage, etc. This system collects and conveys stormwater runoff until discharging into
waterbodies and other natural resources downstream.
In order to discharge to these “Waters of the United States”, the City is required to have a National
Pollution Discharge Elimination System (NPDES) Storm Water Discharge Permit. Municipalities with
storm drainage systems have a subcategory of this permit called a Municipal Separate Storm Sewer
System (MS4) general permit. This permit is mandated by the federal regulations under the Clean
Water Act and administered locally by the Minnesota Pollution Control Agency. The MS4 permitting
program gives owners or operators of municipal separate storm sewer systems approval to discharge
stormwater to lakes, rivers, and wetlands in Minnesota.
The MS4 permit requires that municipalities develop and implement a Storm Water Pollution
Prevention Program (SWPPP). The SWPPP contains seven Minimum Control Measures (MCMs) that
are further broken down into Best Management Practices (BMPS). A copy of these MCMs and BMPs
is attached for reference.
One MCM is “Illicit Discharge and Detection Elimination” (or IDDE) that mandate municipalities to
manage non-storm water discharges to the MS4. These discharges contain pollutants that have
negative effects on water quality, natural resources, and wildlife. These discharges can be on the
surface or underground, and directly or indirectly connected to the storm drainage system. In order to
establish responsibility and legal authority to regulate, monitor, respond, and enforce these illegal (or
illicit) discharges and connections, the city needs to adopt a new ordinance. Adopting and enforcing
this ordinance is also a BMP requirement under the IDDE MCM.
Attached for Council review is a proposed new chapter to the municipal code entitled “Illicit Discharge
and Connections to the Storm Drainage System”. This chapter will need to be incorporated into the
code by ordinance.
Respectfully submitted,
Nick DeBar - Public Works Director
Attachment:
• SWPPP Table of Contents
• Draft Illicit Discharge and Connections to the Storm Drainage System
Storm Water Pollution Prevention Program Page 2
City of Mounds View
MINIMUM CONTROL MEASURES (MCM)
TABLE OF CONTENTS
1. Public Education & Outreach
Best Management Practices Page
1-1: Quarterly Newsletter Articles..................................................................................4
1-2: 30-day Notice for Annual Stormwater Public Information Meeting..........................5
1-3: City Stormwater Webpage .....................................................................................6
1-4: Stormwater Brochures............................................................................................7
2. Public Participation/Involvement
Best Management Practices
2-1: Storm Drain Stenciling Program.............................................................................8
2-2: Stormwater Hotline-Voicemail (Community Complaint Line)...................................9
2-3: Annual Stormwater Public Information Meeting ......................................................10
2-4: Adopt-a-Rain Garden Program...............................................................................11
2-5: Household Cleanup Days.......................................................................................12
3. Illicit Discharge Detection & Elimination
Best Management Practices
3-1: Stormwater Management Map ...............................................................................13
3-2: Illicit Discharge and Illicit Connection Ordinance and Enforcement ........................14
3-3: Sanitary Sewer Maintenance Program...................................................................15
3-4: Illegal Dumping Ordinance and Enforcement ........................................................16
3-5: Illicit Discharge Inspection Program .......................................................................17
4. Construction Site Stormwater Runoff Control
Best Management Practices
4-1: Ordinance/Regulatory Mechanism for Construction Site Runoff Control.................18
4-2: Construction Site Plan Review...............................................................................20
4-3: ESC Inspection and Enforcement Program............................................................21
4-4: Grading Preconstruction Meetings .........................................................................22
4-5: Minimum Erosion and Sediment Control (ESC) BMPs ............................................23
5. Post-Construction Stormwater Management in New Development & Redevelopment
Best Management Practices
5-1: Permanent Stormwater Management System Design Standards...........................24
5-2: Zoning and Subdivision Ordinance.........................................................................25
5-3: Local Surface Water Management Plan (LSWMP).................................................26
5-4: Post-Construction Plan Review Process ................................................................27
5-5: Long-term Operation and Maintenance of BMPs....................................................28
6. Pollution Prevention/Good Housekeeping for Municipal Operations
Best Management Practice
6-1: Municipal Lawn Care Maintenance Program..........................................................29
6-2: Municipal Street Sweeping Program ......................................................................30
6-3: Street De-icing Program.........................................................................................31
6-4: Pond, Outfall, and Sediment Basin Inspection ........................................................32
6-5: Fleet and Building Maintenance Program...............................................................33
6-6: Hazardous Material Storage and Recycling Program ............................................34
6-7: Storm Sewer Maintenance Program.......................................................................35
6-8: Structural Pollution Control Device Inspection and Maintenance............................36
Storm Water Pollution Prevention Program Page 3
City of Mounds View
6-9: New Construction and Land Disturbance Program for City Performed Work..........37
6-10: Inspection Analysis and Frequency.......................................................................38
6-11: Stockpile, Storage and Material Handling Program ..............................................39
7. Additional BMP Requirements
Best Management Practices
7-1: Discharge Affecting Source Water Protection Areas ..............................................40
7-2: Record Keeping and Reporting..............................................................................42
7-3: Impaired Waters Review Process...........................................................................43
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CHAPTER 912
ILLICIT DISCHARGE AND CONNECTIONS TO STORM DRAINAGE SYSTEM
SECTION:
912.01: Purpose/Intent
912.02: Definitions
912.03: Applicability
912.04: Responsibility for Administration
912.05: Ultimate Responsibility
912.06: Discharge and Connection Prohibitions
912.07: Watercourse Protection
912.08: Industrial or Construction Activity Discharges
912.09: Right of Entry
912.10: Requirement to Prevent, Control, and Reduce Storm Water Pollutants by the Use
of Best Management Practices
912.11: Violations, Enforcement, and Penalties
912.12: Remedies Not Exclusive
912.01: PURPOSE/INTENT: The purpose of this Chapter is to promote, protect, and
enhance the natural resources within the City of Mounds View and provide for the health, safety,
and general welfare of its citizens through the regulation of non-storm water discharges to the
storm drainage system to the maximum extent practicable as required by federal and state law.
This Chapter establishes methods for controlling the introduction of pollutants into the municipal
separate storm sewer system (MS4) in order to comply with requirements of the National
Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this
Chapter are:
(1) To regulate the contribution of pollutants to the municipal separate storm sewer
system by storm water discharges by any user.
(2) To prohibit illicit connections and discharges to the municipal separate storm sewer
system.
(3) To establish legal authority to carry out all inspection, surveillance, monitoring, and
enforcement procedures necessary to ensure compliance with this Chapter.
912.02: DEFINITIONS: The following definitions apply in this Chapter:
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Subd. 1. CITY. The City of Mounds View, Minnesota and its elected officials, officers,
employees, and agents.
Subd. 2. BEST MANAGEMENT PRACTICES (BMPs). Schedules of activities, prohibitions
of practices, general good house keeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices to prevent or reduce
the discharge of pollutants directly or indirectly to storm water, receiving waters, or
storm water conveyance systems. BMPs also include treatment practices, operating
procedures, and practices to control site runoff, spillage or leaks, sludge or water
disposal, or drainage from raw materials storage.
a. STRUCTURAL BMPs are physical devices that are typically designed and
constructed to trap or filter pollutants from storm water runoff or reduce runoff velocities.
b. NON-STRUCTURAL BMPs are practices that typically focus on preserving open
space, protecting natural systems, and incorporate other existing landscape features to
manage storm water runoff at its source.
Subd. 3. CLEAN WATER ACT. The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Subd. 4. CONSTRUCTION ACTIVITY. Activities subject to NPDES Construction Permits.
These include construction projects resulting in land disturbance of one acre or more.
Such activities include but are not limited to clearing and grubbing, grading, excavating,
and demolition.
Subd. 5. HAZARDOUS MATERIALS. Any material, including, any substance, waste, or
combination thereof, which because of its quantity, concentration, or physical, chemical,
or infectious characteristics may cause, or significantly contribute to, a substantial present
or potential hazard to human health, safety, property, or the environment when
improperly treated, stored, transported, disposed of or otherwise managed.
Subd. 6. ILLEGAL / ILLICIT DISCHARGE. Any direct or indirect non-storm water discharge
to the storm drainage system, except as exempted in this Chapter.
Subd. 7. ILLICIT CONNECTIONS. An illicit connection is defined as either of the following:
a. Any drain or conveyance, whether on the surface or subsurface, that allows an illegal
discharge to enter the storm drainage system including, but not limited to, any
conveyances that allow any non-storm water discharge of sewage, process wastewater,
and wash water to enter the storm drainage system, and any connections to the storm
drainage system from indoor drains and sinks, regardless of whether said drain or
connection had been previously allowed, permitted, or approved by the City.
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b. Any drain or conveyance connected from a commercial or industrial land use to the
storm drainage system that has not been documented in plans, maps, or equivalent
records and approved by the City.
Subd. 8. INDUSTRIAL ACTIVITY. Activities subject to NPDES Industrial Storm Water
Permits as defined in 40 CFR, Section 122.26 (b)(14).
Subd. 9. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). 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 that is not
used for collecting or conveying sewage.
Subd. 10. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
STORM WATER DISCHARGE PERMIT. A permit issued by EPA (or by a State under
authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of
pollutants to waters of the United States, whether the permit is applicable on an
individual, group, or general area-wide basis.
Subd. 11. NON-STORM WATER DISCHARGE. Any discharge to the storm drainage
system that is not composed entirely of storm water.
Subd. 12. PERSON. Any individual, association, organization, partnership, firm,
corporation, or other entity recognized by law and acting either as the owner or as the
owner's agent.
Subd. 13. POLLUTANT. Anything that causes or contributes to pollution. Pollutants may
include, but are not limited to: paints, varnishes, and solvents; oil and other automotive
fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage,
litter, or other discarded or abandoned objects and accumulations, so that same may cause
or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous
materials and wastes; sewage, fecal coliform and pathogens; dissolved and particulate
metals; animal wastes; wastes and residues that result from constructing a building or
structure; and noxious or offensive matter of any kind.
Subd. 14. PREMISES. Any building, lot, parcel of land, or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
Subd. 15. STORM DRAINAGE SYSTEM. Publicly-owned facilities by which storm water
is collected and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities,
retention and detention basins, natural and human-made or altered drainage channels,
reservoirs, and other drainage structures.
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Subd. 16. STORM WATER. Any surface flow, runoff, and drainage consisting entirely of
water from any form of natural precipitation, and resulting from such precipitation.
Subd. 17. STORMWATER POLLUTION PREVENTION PLAN (SWPPP). A document
which describes the Best Management Practices and activities to be implemented by a
person or business to identify sources of pollution or contamination at a site and the
actions to eliminate or reduce pollutant discharges to Storm Water, Storm Water
Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable.
Subd. 18. WASTEWATER. Any water or other liquid, other than uncontaminated storm
water, discharged from any premises.
912.03: APPLICABILITY: This Chapter shall apply to all water entering the storm
drainage system generated on any premises unless explicitly exempted by the City.
912.04: RESPONSIBILITY FOR ADMINISTRATION: The Director of Public Works
is the principal City official responsible to administer, implement, and enforce the provisions of
this Chapter. The Director may delegate any or all of the duties hereunder to designated persons
or entities acting in the beneficial interest of or in the employ of the City.
912.05: ULTIMATE RESPONSIBILITY: The standards set forth herein and
promulgated pursuant to this Chapter are minimum standards; therefore, this Chapter does not
intend or imply that compliance by any person will ensure that there will be no contamination,
pollution, or unauthorized discharge of pollutants.
912.06: DISCHARGE AND CONNECTION PROHIBITIONS
Subd. 1. Prohibition of Illegal Discharges: No person shall throw, drain, or otherwise
discharge, cause, or allow others under its control to throw, drain, or otherwise discharge
into the MS4 any pollutants or waters containing any pollutants, other than storm water.
Subd. 2. Exemptions to Discharge Prohibitions: The commencement, conduct, or
continuance of any illegal discharge to the storm drainage system is prohibited except as
described as follows:
a. Discharges resulting from the following activities: water line flushing, landscape
irrigation, diverted stream flows, rising ground waters, uncontaminated ground water
infiltration, uncontaminated pumped ground water, discharges from potable water
sources, foundation drains, air conditioning condensation, irrigation water, springs, water
from crawl space pumps, footing drains, lawn watering, individual residential car
washing, flows from riparian habitats and wetlands, dechlorinated swimming pool
discharges, and street wash water.
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b. Discharges or flow from fire fighting, and other discharges specified in writing by the
City as being necessary to protect public health and safety.
c. Discharges associated with dye testing. Persons performing this activity are required
to verbally notify the City prior to the time of the dye test.
d. Any non-storm water discharge permitted under an NPDES permit, waiver, or waste
discharge order issued to the discharger and administered under the authority of the
United States Environmental Protection Agency (EPA), provided that the discharger is in
full compliance with all requirements of the permit, waiver, or order and other applicable
laws and regulations, and provided that written approval has been granted for any
discharge to the storm drainage system.
Subd. 3. Prohibition of Illicit Connections:
a. The construction, use, maintenance, or continued existence of illicit connections to the
storm drainage system is prohibited.
b. 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.
c. A person is considered to be in violation of this ordinance if the person connects a line
conveying sewage to the MS4, or allows such a connection to continue.
d. Improper connections in violation of this ordinance must be disconnected and
redirected, if necessary, to an approved on-site wastewater management system or the
sanitary sewer system upon approval of the City.
e. Any drain or conveyance that has not been documented in plans, maps, or equivalent,
and which may be connected to the storm drainage system, shall be located by the owner
or occupant of that property upon receipt of written notice of violation from the City
requiring that such locating be completed. Such notice will specify a reasonable time
period within which the location of the drain or conveyance is to be determined, that the
drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the
outfall location or point of connection to the storm sewer system, sanitary sewer system
or other discharge point be identified. Results of these investigations are to be
documented by qualified persons and provided to the City in a format acceptable to the
City.
912.07: WATERCOURSE PROTECTION: Every person owning property through
which a watercourse passes, or such person's lessee, shall keep and maintain that part of the
watercourse within the property free of trash, debris, excessive vegetation, and other obstacles
that would pollute, contaminate, or significantly retard the flow of water through the
watercourse. In addition, the owner or lessee shall maintain existing privately owned structures
within or adjacent to a watercourse, so that such structures will not become a hazard to the use,
function, or physical integrity of the watercourse.
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912.08: INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES:
Subd. 1. Any person subject to an industrial or construction 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
any discharges to the MS4.
Subd. 2. The operator of a facility, including construction sites, required to have an NPDES
permit to discharge storm water associated with industrial activity shall submit a copy of
the Notice of Intent to the City at the same time the operator submits the original Notice
of Intent to the EPA as applicable.
Subd. 3. The copy of the Notice of Intent to Discharge Storm Water may be delivered to the
City either in person or by mailing it to:
Director of Public Works
City of Mounds View
2401 County Highway 10
Mounds View, MN 55112
Subd. 4. A person commits an offense if the person operates a facility that is discharging storm
water associated with industrial activity without having submitted a copy of the Notice of
Intent to do so to the City.
912.09: RIGHT OF ENTRY: The City shall be permitted to enter and inspect premises
subject to regulation under this Chapter as often as may be necessary to determine compliance
with this Chapter.
912.10: REQUIREMENT TO PREVENT, CONTROL, AND REDUCE STORM
WATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES:
Subd. 1. The City may adopt requirements identifying Best Management Practices for any
activity, operation, or facility that may cause or contribute to pollution or contamination
of storm water, the storm drainage system, or waters of the United States. The owner or
operator of such activity, operation, or facility shall provide, at their own expense,
reasonable protection from accidental discharge of prohibited materials, or other wastes
into the storm drainage system or watercourses using these structural and nonstructural
BMPs.
Subd. 2. Further, any person responsible for a property or premises that is, or may he, 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 MS4. Compliance with all terms and conditions of a valid NPDES
permit authorizing the discharge of storm water associated with industrial activity, to the
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maximum extent practicable, shall be deemed compliance with the provisions of this
section. These BMPs shall be part of a storm water pollution prevention plan (SWPPP)
as necessary for compliance with requirements of the NPDES permit.
912.11: VIOLATIONS, ENFORCEMENT, AND PENALTIES:
Subd. 1. Any person violating any provision of this Chapter is guilty of a misdemeanor.
Subd. 2. Emergency cease and desist orders. When the City finds that any person has violated,
or continues to violate any provision of this Chapter, or any order issued hereunder, or
that the person's past violations are likely to recur, and that the person's violation(s) has
(have) caused or contributed to an actual or threatened illicit discharge to the MS4 or
waters of the state, which reasonably appears to present an imminent or substantial
endangerment to the health or welfare of persons or to the environment, the City may
issue an order to the violator directing it to immediately cease and desist all such
violations.
Subd. 3. Suspension due to the detection of illicit discharge. Any person discharging to the
MS4 in violation of this Chapter may have their MS4 access terminated if such
termination would abate or reduce an illicit discharge. Such suspension may also be
imposed if it is necessary to stop an actual or threatened illicit discharge that presents or
may present imminent and substantial danger.
Subd. 4. Violations deemed a public nuisance. In addition to the enforcement processes and
penalties provided in this Chapter, any condition caused or permitted to exist in violation
of any of the provision of this Chapter is a threat to public health, safety, and welfare, and
is declared and deemed a public nuisance, and may be summarily abated or restored at
the violator's expense; and/or a civil action to abate, enjoin, or otherwise compel the
cessation of such nuisance may be taken by the City.
Subd. 5. Assessments. All costs and expenses, including attorney and consultant fees, incurred
by the City in abating any public nuisance under this Chapter may be assessed against the
premises at which the violation exists as a special assessment under Minnesota Statutes
Chapter 429.
912.12: REMEDIES NOT EXCLUSIVE: The remedies listed in this Chapter are not
exclusive of any other remedies available under any applicable federal, state, or local law and it
is within the discretion of the City to seek cumulative remedies. The City may recover all
attorneys’ fees, court costs, and other expenses associated with enforcement of this Chapter,
including sampling and monitoring expenses.
Item No: 5
Meeting Date: February 6, 2012
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 Selection of a Board Member to the Spring Lake
Park Fire Department, Inc., Board of Directors
Introduction:
The Blaine Spring Lake Park Mounds View Fire Department is managed by a seven
member Board of Directors and a full time CEO/Fire Chief. The board is comprised of
three community representatives from the City of Blaine, one each from the Cities of Spring
Lake Park and Mounds View and two fire department representatives elected by the active
membership of the department. The previous board representative from Mounds View was
Barb Renshaw, and her term expired at the end of 2011. Because she had already served
two consecutive terms, the Bylaws require a new appointee from Mounds View.
Discussion:
The Fire Board oversees the audit, just and correct claims, and are involved in policy
decisions which have fiscal impact. (Policy control is managed exclusively by the Board
and CEO/Fire Chief.) A Personnel Committee comprised of one member from each station
meets regularly to review personnel performance, disciplinary issues and promotions.
Upon conclusion of their deliberations they forward their recommendation directly to the
board. Board members are compensated $1,500 per year for their service.
The Board has four official meetings a year; typically the meetings start at 5:30 pm and
conclude by 8:00 pm. The board also holds one annual meeting of the board to seat new
members and elect new officers. This historically has occurred over the lunch hour. Board
meetings are held on Tuesday or Wednesday nights in the 3rd week of the January, May,
July and October. The annual meeting is held in March.
The Board receives a packet about one week prior to the meeting and is expected to read
all material. Board members must be accessible via email as interim decisions are
occasionally made via email and then ratified at the next board meeting. Terms are for
three years with a maximum of two successive terms. Community board members must
either live or have their full time employment within the city they represent. In Blaine and
Mounds View, the board acts as the local Board of Appeals for all fire orders and must
meet and render a decision when an appeal is filed. In the past ten years the appeals
board has met only four times.
New board members are invited and encouraged to spend some time visiting the stations
and conversing with the chief and president to become familiar with the operation, technical
lingo, and idiosyncrasies of the fire service.
Fire Board Appointment
February 6, 2012
Page 2
Recommendation:
Staff is suggesting that the Council consider appointing a business owner to the board at
this time, as the previous two board members from Mounds View (Barb Renshaw and
Michelle Sandback before Ms. Renshaw) have been residents. Staff feels Tim Hill, owner
of CG Hill and Sons, would be an excellent board member. Mr. Hill indicates he would
accept the appointment if the Council made such a decision.
If the Council is comfortable with Mr. Hill representing Mounds View on the Spring Lake
Park Fire Department, Inc. board of directors, staff will have a resolution available at the
February 13, 2012 meeting for its consideration.
Respectfully submitted,
________________________
James Ericson
City Administrator