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HomeMy WebLinkAbout20200518 UC PacketAGENDA Utility Commission Regular Meeting Monday, May 18, 2020 5:30 p.m. Virtual Meeting via Zoom 1. CALLTOORDER 2. ANNUAL MEETING a. Issuance ofOath – Vanessa Demuth 3. ADDITIONS ORCORRECTIONS TOAGENDA 4. AUDIENCE INPUT 5. APPROVAL OFMINUTES a. February 10, 2020 Meeting 6. PUBLIC HEARINGS 7. OLDBUSINESS a. Utility Commission Input for New Development b. Stormwater Rebate Policy Update 8. NEWBUSINESS a. Utility Commission Ordinance Change b. MN TAP opportunity for businesses – verbal report 9. EXECUTIVE DIRECTOR’SREPORT a. City Project Update b. Well Pumping Report c. Review potential meeting date changes d. Staff Changes e. City response to COVID 19 and Community Events (Verbal Report) f. Set Next Meeting Agenda for June 16, 2020 10. ADJOURNMENT UTILITY COMMISSION REGULAR MEETING MINUTES February 10, 2020 CALL TO ORDER Pursuant to due call and notice thereof the regular Utility Commission meeting of the City of Rosemount thwascalledtoorderonFebruary10, 2020, at 5:33 p.m. in the Upper Conference Room, City Hall, 2875 145 Street West, Rosemount. Commissioner Demuth called meeting to order with Commissioners Cahn and Rome, Mayor Droste, Public Works Director/City Engineer Erickson, City Administrator Martin, and Public Works Coordinator Watson. Commissioner Cahn left the meeting at 6:45 p.m. ADDITIONS OR CORRECTIONS TO AGENDA None AUDIENCE INPUT None APPROVAL OF MINUTES Motion by Rome Second by Cahn Motion to approve the minutes of the January 13, 2020 Utility Commission meeting. Motion carried. PUBLIC HEARINGS None OLD BUSINESS 6.a. Water Efficiency Rebate Advertisement Erickson updated the Commission on the progress of the water efficiency rebate program. He indicated one HOA isinterested in getting an irrigation audit performed. He shared information from the staff’s meeting with Lakeville and VRWJPO last week. He noted that Lakeville had one audit that resulted in a recommendation to shut the system down to save money to completely replace the system. He noted that staff will be meeting with an HOA leadership group that has formed among several Dakota County cities. Droste asked whether the VRWJPO set limits to the amount we can pump from Shannon Pond. Erickson responded that we do not have any type of agreement with the Watershed, but we did talk to them before we began pumping. Erickson noted that afeasibility study isin progress. The Commission briefly discussed the Woodbury program for selling smart controllers at a discounted rate. Rome indicated she would not bein favor because most people would rather purchase one on their own instead ofbeing limited to what the City offers. Cahn informed the group about a program that Rachio is doing with Cottage Grove, Hugo, Lake Elmo and Woodbury. Cahn will provide the Rachio contact information to the rest of the Commission and staff. Demuth asked when the website will be updated with the new rebate program info; Watson indicated it will bedone by Feb 11. The Commission would like to find ways to give away a smart meter – Leprechaun Days, the Home Expo, Arbor Day, etc. Martin will talk tostaff about doing a door prize giveaway atthe Home Expo. Martin also suggested doing a video soon to inform residents of the rebates, water conservation, watering restrictions, etc. Cahn asked if we had toreturn un-used rebate funds to the Met Council. Staff noted that since the grant is reimbursable, funds are provided upon request; therefore, there is no money to return. Rome asked ifwe can use the grant money to buy smart controllers, ifthere isany left near the end of the program. Staff believes the rebates can’tbe used by the City, they can only be used to reimburse customers. Staff will confirm. Woodbury buys their controllers with utility funds and watershed funds. Erickson noted that VRWJPO is willing to fund a portion of our irrigation audits. NEW BUSINESS 7.a. Emergency Water Conservation Ordinance Erickson summarized the proposed language for an emergency water conservation ordinance, which is provided in the packet. If approved, the language can be added tothe existing City Code via an ordinance changing the code. Cahn suggested to soften the last sentence; Watson suggested changing “shall” to may.” Motion by Cahn Second by Rome Motion to recommend City Council approval ofthe new language for the City Code, changing the last sentence toread “may” instead of “shall.” Motion carried. 7.b. Top 10% Letters Droste suggested removing his name from letter (use Wyland National Mayor’s Challenge for Water ndConservationinstead), and does not want letter going to 2 meter customers, or new customers who are establishing new lawns. Watson indicated that most addresses in the top 10% are more than two years old and are no longer establishing new lawns. Droste mentioned that we should be installing smart meters inall new homes. Erickson noted that Badger gave a presentation on Feb 7 about smart water meters, no cost estimates were provided. Martin gave a summary of the features of the different types of smart meters, also noted only 10% ofcustomers actually use the phone app (per Badger). Staff is exploring how the smart meters will interface with existing software (Civic and Cartegraph). Droste suggested staff visit Apple Valley to learn more about their smart meters and how it interfaces with their software. Droste mentioned that he thought everyone was on the same quarter for the sewer billing. Watson reminded him that all customers will have different winter quarters, which was discussed previously when the city shifted to winter quarter billing for sewer. Watson does not believe any other Dakota County cities are on cycled billing – they either do monthly or quarterly where everyone is on the same calendar quarter. ndDroste, Rome and Martin are concerned it’stoo soon for the letter due to sensitivity over the 2 meter issue. Demuth noted that this letter is providing exactly what was asked for so residents can compare themselves to their neighbors. Demuth suggested we use totals instead of quarters in the letter, since the city uses cycled billing and not everyone has the same quarters. Demuth wants letter to clarify that it’s2019 data and it’scompared to average Rosemount resident. Also add a sentence to the letter about how conservation will help delay construction ofadditional wells/towers. Watson suggested we can leave out ndthe2 meter customers and new customers, and still send the letter to the rest of the top 10%, incorporating Demuth’ssuggestions above. Demuth suggested capping it at 50 letters to see what kind of response we get. Commission decided to send letters to all 688 customers, not identifying their usage but indicating they are a high water user (don’tsay top 10%). Provide info on rebate programs. Letter will be reviewed by Martin and sent out without bringing itback tothe Commission. 7.c. Utility Commission Input for New Development Tabled until next meeting since Cahn needs toleave early and can’tbe part of the discussion. 7.d. Stormwater Rebate Policy Erickson would like additional comments from the Commission by the end of the week. Erickson does not want dollar amounts listed in the policy, but rather in a separate document. Demuth and Cahn think the requirement for shoreline vegetation is too stringent and no one will want to do it. They suggest softening the language to make it more user-friendly, and include a map of public waterways. Erickson noted that the policy itself is more technical, but the advertisement about it will be more simple and user-friendly. Demuth noted that the section about raingardens doesn’tmatch what we did on Danbury Way (not allowed in right- of-way). Droste indicated that younger homeowners want smaller yards with less maintenance, so raingardens may not be maintained aswell ifnew owners don’ttake care of them. Cahn wants an update next year to see how many people take advantage of these rebates, and what the dollar amount is. Motion by Demuth Second by Rome Motion to recommend City Council adopt the Stormwater Rebate Policy. Demuth-Aye, Rome-Aye, Cahn-abstain Motion carried. 7.e. Set Meeting Dates for 2020-2021 No issues with meeting dates. Motion by Demuth Second by Rome Motion to set the 2020-2021 Utility Commission Meetings per the Attached Calendar. Motion carried. EXECUTIVE DIRECTOR’S REPORT 8.a. City Project Update Public Works Director/City Engineer Erickson gave brief overviews of the ongoing projects within in the city. The low bid for 2019 SIP (Phase 2) isbelow the engineer estimate Staff is working to extend the quiet zone to the Bonaire Path crossing near Greystone Erickson noted the residents have asked tohave ribbon curb installed on Deepwoods Court to help prevent the shoulder from eroding/deteriorating Demuth noted there is an unsealed well in the Dunmore development. Erickson will follow up with the developer regarding the unsealed well. Demuth will provide a map. Demuth wondered about contamination from previous dry cleaning business on The Morrison site Akron Ave bid came in $700k below estimate 8.b. Well Pumping Report Demuth commented positively about the reduction inconsumption despite the growth. Demuth questioned the figures for Flint Hills and the Splash Pad from the 2019 summary provided at the previous meeting; Watson confirmed they are correct. Demuth would like staff to meet with a consultant to discuss a retrofit re-use system for the Splash Pad. Droste mentioned that arecirculating splash pad will likely be planned with the new recreation center. 8.c. Set Next Meeting Agenda for March 16, 2020. Utility Commission input for new development (tabled from this meeting) OTHER UPDATES Saturday, March 14 Home Expo table. Ask Rachio about getting a demo for the expo. Commission members are welcome to be at the table. Demuth asked about being a Level I for nitrate levels. Erickson will check with Minnesota Department ofHealth. Demuth asked ifwe will use the Met Council water efficiency tool. Erickson will determine if/when staff has the time toexplore this. Erickson will follow up with Brian Davis at the Met Council for more information. ADJOURNMENT Commissioner Demuth adjourned the meeting at 7:07 p.m. Respectfully submitted, Christine Watson Public Works Coordinator EXECUTIVE SUMMARY Utility Commission Meeting: May 18, 2020 AGENDA SECTION: AGENDA ITEM: Utilities Commission Input on Developments Old Business PREPARED BY: Brian Erickson, P.E., Director of Public AGENDA NO. 6.a. Works/City Engineer ATTACHMENTS: Public Utilities Commission – City Code APPROVED BY: BLEChapter4 RECOMMENDED ACTION: Informational only, no action required. BACKGROUND At the January 13, 2020 Utility Commission meeting, Commissioner Cahn inquired about the role of the Utility Commission in development review based on City Code 2-4-4: Powers and Duties, Jurisdiction, paragraph B.2. ofthe city code. This paragraph states: 2. To review all proposed developments in the city including residential, industrial and commercial in nature and make recommendations, as part of that review process, to the city council on these proposed developments as they relate to the needs of the community in all areas of the above referenced utilities. These reviews being arequired part of the approval process for proposed developments. DISCUSSION Staff reviewed the current process of development review which has been in place for many years. Based on discussions the Utility Commission has not performed review on any developments for over 15 years. It should also be noted that the section of the city code is dated April 5, 1988. Based on the current process, adding in the Utility Commission review could potentially add several weeks to an already extensive process that developers face in order to receive approval by the City Council. The City ofRosemount currently has a Comprehensive Plan which was approved by the Metropolitan Council and includes comprehensive planning for water, sewer and stormwater infrastructure based on the approved land use inthe city. The comprehensive utility plans have been reviewed bythe Utility Commission and, barring any major land use changes, will be used in moving development forward. Additionally, the City of Rosemount follows all current regulations and direction from Minnesota Department ofHealth, Minnesota Pollution Control Agency and Metropolitan Council when designing or approving designs for system expansion. Based on the current process and design reviews and approvals, staff would recommend that areview of the applicable portions of the City Code be completed and updates be presented to the City Council for approval. RECOMMENDATION Staff recommends that the City Code be reviewed and updated. Recommended changes to be provided to the Utility Commission at a future meeting. C:\\Users\\jab\\AppData\\Local\\Temp\\7.a. Utilites Commission Input_596848\\7.a. Utilites Commission Input.docx 2/7/2020 Sterling Codifiers, Inc. https://www.sterlingcodifiers.com/codebook/index.php?book_id=452 1/2 Chapter 4 PUBLIC UTILITIES COMMISSION 2-4-1: ESTABLISHMENT OF COMMISSION: The public utilities commission of the city as authorized by Minnesota Statutes, sections 412.321 through 412.391, which sections are hereby expressly accepted, is hereby established. The commission shall consist of three (3) members appointed by the city council for three (3) year terms. Terms will commence on April 1 of the year appointed. (Ord. VIII.5, 4-17-2001) Ex officio members of the commission shall be the city administrator and the mayor. (Ord. VII.6, 2-18- 1992) The public works director for the city will act as the executive director for the utilities commission. In that capacity the executive director will take direction from the commission, report to the commission with information and recommendations on all matters at the direction of the commission or on his/her own initiative. Secretarial service to the commission shall be provided by city staff as directed by the commission executive director. The commission will meet at least once monthly at a time and place set by majority votes of the commission. These will be considered public meetings. (Ord. VII.5, 4-5-1988) 2-4-2: ORGANIZATION: The provisions of Minnesota Statutes, section 412.321 shall apply to the composition, terms, appointment, qualifications and removal of members of the commission. (Ord. VII.5, 4-5-1988) 2-4-3: OATH; COMPENSATION1: Every appointed member shall, before entering upon the discharge of his/her duties, take an oath that he will faithfully discharge the duties of his office. Compensation for the members shall bedetermined by the city council. (Ord. VIII.5, 4-17-2001) 2-4-4: POWERS AND DUTIES, JURISDICTION: A. The public utilities commission shall have responsibility over the following public utilities of the city2: 1. City operated water systems. 2. City operated sanitary sewer systems. 2/7/2020 Sterling Codifiers, Inc. https://www.sterlingcodifiers.com/codebook/index.php?book_id=452 2/2 3. City operated storm water systems. 4. Other utility systems serving the general public in Rosemount where the city has a determined part in determining the need and level of such service. 5. Any public buildings owned and operated by the city for functions directly relating to items in subsections A1 through A4 of this section. B. With respect to the public utilities commission areas of jurisdiction enumerated above, the public utilities commission shall have the powers prescribed by law3 and more specifically as follows: Ord. VII.5, 4-5-1988) 1. To review and adopt operating budgets and authorize expenditures for funds specifically set out for use in the operation and maintenance of the above referenced utilities. 2. To review all proposed developments in the city including residential, industrial and commercial in nature and make recommendations, as part of that review process, to the city council on these proposed developments as they relate to the needs of the community in all areas of the above referenced utilities. These reviews being a required part of the approval process for proposed developments. 3. At least annually, at the commission's regularly scheduled January meeting, or more frequently if deemed necessary by the commission, review all user fees, connection charges and other associated forms of revenue to these utilities and present recommendations to the city council regarding these fees. Adding or deleting of such fees will also be determined, through this process. (Ord. VIII.3, 3-6-2000) C. The public utilities commission shall also be responsible for review of cable services within the city for the following purposes: 1. To monitor the cable company's performance as to level ofservice. 2. To advise and make recommendations to the city council concerning use of franchise fees. D. The commission jurisdiction is limited to what is specified in the cable franchise agreements. It has no power to adjust or approve cable rates or to require the cable company to improve level of service or to expand into new service areas within the city. The commission may do the following: 1. Review and adopt operating budgets with respect to the amount of revenue the city receives from the franchise fee. 2. Authorize expenditures for funds specifically budgeted by the commission. 3. Conciliate disagreements among the cable company, subscribers and users of the system. 4. Submit an annual report to the cable company and city council assessing the company's performance according to the terms of the franchise agreement. (Ord. VII.6, 2-18-1992) EXECUTIVE SUMMARY Utility Commission Meeting: May 18, 2020 AGENDA SECTION: AGENDA ITEM: Stormwater Rebate Policy Old Business PREPARED BY: Jane Byron, Stormwater Specialist AGENDA NO. 6.b. ATTACHMENTS: Stormwater Rebate Policy, Stormwater Rebate Application Form, Other Stormwater APPROVED BY: BLE Incentive Programs RECOMMENDED ACTION: Discussion only BACKGROUND Since the February 2020 Utility Commission meeting, staff presented the Stormwater Rebate Policy at the March City Council Work Session. Ultimately the policy was approved at the March 17, 2020 City Council meeting. With the approval of the policy, staff is returning to the Commission to present the final policy as well as the application for the rebate. Also included is a list of policies other communities have regarding stormwater grants and rebates. RECOMMENDATION Item is for discussion and update only. C:\\Users\\jab\\AppData\\Local\\Temp\\7.b. Stormwater Rebate Policy_596851\\7.b. Stormwater Rebate Policy.docx CITY OF ROSEMOUNT POLICY TITLE: STORMWATER REBATEPROGRAM EFFECTIVE DATE: POLICY NUMBER: PROPOSED BY: PUBLIC WORKS DATE APPROVED BY COUNCIL: DATE AMENDED BY COUNCIL: PURPOSE The purpose of this policy is to lay out general guidelines for the fair distribution of a stormwater utility rebate to residents, businesses, and organizations that install projects and practices voluntarily on their property that improve stormwater quality or reduce stormwater volume. The standards laid out in this policy are meant to ensure that projects are successful and functional. A rebate program to encourage installation of stormwater improvement projects on private property will have the following overall benefits tothe City as a whole: Improved water quality in local waterbodies Reduced likelihood of flooding Groundwater recharge Normalization of yard care practices that are beneficial to water quality Improved neighborhood aesthetics Improved pollinator habitat Compliance with NPDES MS4 Permit public education and participation requirements For the purpose of this Policy, the following definitions are utilized: Applicant – A resident, business, or organization that applies for the rebate program Best management practice (BMP) – A project that removes pollutants from stormwater or reduces stormwater runoff volume. Examples include raingardens, rain barrels, and buffers. Buffer – A native planting adjacent to awaterbody Businesses – All properties included in the Commercial orIndustrial zoning classification Cistern – A large tank, generally more than 200 gallons in size, used for storing harvested rainwater Critical Root Zone – The roots contained within the dripline of atree canopy. Cultivar – A plant variety that has been produced in cultivation by selective breeding. For example, a gardener or horticulturalist may select plants with longer bloom time, a different flower color, shorter height, or double bloom. Cultivar names have descripted words or phrases in quotes following the plant species name: Purple Coneflower ‘Butterfly Kisses’, Big Bluestem ‘Red October’, Joe-Pye Weed ‘Baby Joe’, etc. While being developed, cultivars may have lost some of the beneficial water quality and pollinator habitat traits that the original native plant species is known for. Drinking Water Supply Management Area (DWSMA) – A mapped area of land managed as part of a wellhead protection plan to protect drinking water sources Easements – A portion of a privately-owned property with restricted uses that the City or other entity (primarily utility companies) maintains restricted rights ofuse and access over. Easements will be visible on a plat for a property. A common example is drainage and utility easements that are available to allow for the flow and storage of stormwater and access to repair City infrastructure (e.g. underground sewer pipes). Emergency Response Area (ERA) – The area within an aquifer (groundwater layer) within a 1-year time of travel to a public water supply well Filtration – The process whereby stormwater passes through a filter, such as soil or sand, for the purpose of removing pollutants from stormwater, but does not soak into the ground and become groundwater Home owners’ associations – Single or multi-family housing developments governed by an association Infiltration – The process whereby stormwater soaks into the ground and becomes groundwater in/filtration or in/filtrate – shorthand for “infiltration or filtration” Invasive plants – Plants that are not native to Minnesota and cause economic or environmental harm or harm to human health Native garden or native planting – A garden or large planted area where allvegetation is native plants Native plant – A plant that is of a species that could historically be found growing in Minnesota prior to European settlement, isnot a cultivar, and whose original plant propagation source (e.g. seed) is within 200 miles (300 miles for trees and shrubs) Ordinary High Water Elevation (OHW) – An elevation set by the Minnesota Department of Natural Resources below which Public Waters regulations apply. The OHW only applies to Public Waters. Organizations – all properties included in the Institutional zoning classification Pesticide – Chemicals used to kill apest, whether an animal, plant, fungus, etc. Pesticides include herbicides, insecticides, fungicides, and algicides. Preemergent pesticides – Herbicides that prevent seeds from germinating. Pretreatment – Practices used to reduce pollutants in stormwater before it enters a BMP. Most typically, pretreatment is installed on infiltration BMPs to prevent clogging by sediment if the source of runoff contains sediment. Pretreatment practices can also remove trash and oils and grease. Rain barrel – A small barrel, usually ranging in size from 50 – 200 gallons in size, used for storing harvested rainwater Raingarden – A garden built ina shallow depression that collects and in/filtrates stormwater within 24 hours. Raingardens are typically 3-12” deep and are planted with vegetation that can withstand periodic short-term inundation. Raingardens are dry most of the time. Rainwater harvesting – The process by which rainwater is collected, typically from rooftops, and stored for later use. Rainwater harvesting is different than stormwater reuse in that stormwater reuse typically requires a higher level of treatment to collected water to allow for safe use of the collected water. Rain barrels and cisterns are common methods by which harvested rainwater is stored. Regulation – Any ordinance, rule, plan, contract, agreement, policy, or specification that regulates activity within the City ofRosemount Residents – All properties included in the Residential orAgricultural zoning classification Reuse or stormwater reuse – The process bywhich stormwater is collected and stored for later use. Stormwater reuse is different than rainwater harvesting in that it typically requires a higher level of treatment to the collected water to allow for safe use. Underground cisterns, underground detention galleries, and stormwater ponds are common methods by which stormwater is stored in a stormwater reuse system. Right-of-way orrights-of-way – an easement or area owned by the City or other government entity designated to allow for transportation or movement of people. Rights- of-way typically include streets, sidewalks, trails, and boulevard areas. Stormwater or stormwater runoff orrunoff – Water from rain or snowmelt that has run or flowed over the ground or impervious surfaces such as roads and sidewalks SWCD – the Dakota County Soil and Water Conservation District. Please note, this organization is distinct from Dakota County. POLICY ELIGIBILITY The rebate program will provide financial reimbursement, in the form of a stormwater utility fee rebate, to stormwater utility rate payers that install stormwater best management practices on their property within the City of Rosemount. Typical projects that will qualify for reimbursement include native gardens, raingardens, buffers, and rainwater harvesting. The following eligibility requirement must be met byall applicants unless otherwise approved by the Director of Public Works/City Engineer: Projects must use infiltration, filtration, or volume control to treat or reduce runoff. The projects must not be required as a result of an enforcement action resulting from a violation of rule, law, ordinance, permit, or contract. This applies to both City regulations and regulations by other government entities, such as the State of Minnesota. Projects must not be required for the purpose of meeting minimum stormwater requirements as part of a permit or other regulatory approval. Projects that go beyond minimum requirements may be eligible on those portions of the project that go beyond minimum requirements. PROJECT STANDARDS The following conditions apply to all projects Projects must comply with City regulations Projects must not increase erosion, have a negative impact on water quality, have a negative impact on groundwater, damage adjoining property, create a safety or fire hazard, or create a public nuisance Projects must comply with standards listed in the Minnesota Stormwater Manual, City Specifications, and the Dakota County Low Impact Development Standards Unless otherwise approved by the Director ofPublic Works/City Engineer, projects shall not be located within rights-of-way or easements. The City discourages the installation of BMPs inrights-of-way and easements. Projects must be located in such a manner as to not hinder access to public infrastructure Unless otherwise stated in this document or otherwise approved bythe Director of Public Works/City Engineer, projects must not be located above an underground utility. The City also reserves the right to decline funding for projects that occur below overhead utilities in some cases. Projects must have a water quality benefit Site preparation and installation methods shall not cause compaction unless required to support structures and approved by the Director ofPublic Works/City Engineer. Projects that require the approval of the Director of Public Works/City Engineer will require amaintenance agreement and/or encroachment agreement. Agreements will range from 10 years toin-perpetuity, depending on the nature of the project. Some agreements may have to be recorded on the property. All projects requiring a maintenance or encroachment agreement must summit an application and be approved before the project is installed. Some projects requiring a maintenance or encroachment agreement will require regular inspections by City staff during construction. Projects shall not remove or damage to the point of mortality healthy, mature, native, non-hazardous, non-nuisance trees for the purpose of installing voluntary stormwater BMPs. The exceptions are for trees that are causing damage to or endangering structures, infrastructure, or safety; trees that are interfering with infrastructure maintenance access; or ash trees. Mature trees include trees with a diameter 4’ above the ground of 6 inches or greater. Rain Barrels Must beat least 45 gallons in size to receive funding Must be winterized orremoved from service in the winter Must have anemergency overflow that directs water away from house foundations Must be installed and maintained in such a manner that they do not interfere with neighborhood aesthetics; visual screening may be required in some special cases Must provide adequate screening ofthe stored water to reduce the likelihood of mosquito breeding and keep large debris out Must be installed, operated, and maintained in such a manner as to reasonably be expected to prevent injury or damage to people, animals, or structures. The system must be able to withstand the forces that can reasonably be expected to be exerted on it, be level, not be prone to tipping, and adequately provide for protections from drowning provide reasonable safety measures to prevent living things from crawling or falling inside the barrel). In some cases, anchoring to adjacent structures will be required to prevent tipping. Must be used for non-potable uses only Collected rainwater must not be stored in and cannot run over a surface that has a high potential to leach toxic materials. Examples include shingles that contain asbestos or roofs treated with pesticides. Barrels must bewatertight Cisterns & Rainwater Harvesting Must meet all the requirements ofa rain barrel listed above Must be at least 200 gallons in size Must be installed in such a manner as toallow adequate inspection and maintenance access Must meet Minnesota Plumbing and Building Code and provide backflow protection for systems integrated into potable plumbing systems or interior tobuildings Underground storage systems must be able to withstand the forces exerted on them. For example, systems located under parking areas need to be able to withstand the weight load associated with the level of traffic. Underground tanks must not belocated below the water table Must provide adequate treatment ofthe stored water for the specified use Raingardens Raingardens shall be designed and function as infiltration BMPs unless otherwise specified to function as a filter in this policy Raingardens shall be free of linings that prevent infiltration into underlying soils unless a filtration practice isdeemed necessary by the City The planted area of the raingarden shall be covered with 3-4 inches of shredded hardwood mulch Side slopes within raingardens shall not exceed 3(horizontal):1(vertical) or shall provide an adequate slope retaining system asapproved by the City Raingardens shall be installed no closer than 15feet from full basement foundations, 10 feet from half basements, or 5 feet from slab-on-grade foundations. These setback distances may apply toother underground structures at the City’sdiscretion. Raingardens shall be installed a minimum of 3feet from the curb and gutter or outer shoulder edges of paved streets if there isno curb and gutter. Raingardens shall be installed a minimum of10 feet back from the outer shoulder edge of unpaved roads. Raingardens must have a stabilized outlet. Raingarden base must be at least 3 feet higher than seasonally high-water table elevation unless converted from aninfiltration system to a filter system Adequate pretreatment based on the source of stormwater entering the raingarden must beprovided. Pretreatment is typically not required for raingardens that receive roof runoff and in typical residential applications that don’treceive runoff from the street. Fertilizers and pre-emergent pesticides shall not be used in either the construction or maintenance of raingardens Raingardens must convert from an infiltration to filtration BMP in the following circumstances: If the garden is receiving runoff from a vehicle fueling or maintenance area Commercial, institutional, industrial, or agricultural zoned properties where high levels ofcontaminants in the soil can be mobilized byinfiltrating water Commercial, institutional, industrial, or agricultural zoned properties where amended soil infiltration rates are greater than 8.3 inches per hour Commercial, institutional, industrial, or agricultural zoned properties within the ERA within the high or very high vulnerability DWSMA Commercial, institutional, industrial, or agricultural zoned properties within the ERA within the moderate vulnerability DWSMA unless otherwise approved by the Director of Public Works/City Engineer Commercial, institutional, industrial, or agricultural zoned properties within the high or very high vulnerability DWSMA and outside of the ERA unless otherwise approved by the Director ofPublic Works/City Engineer Areas that receive runoff from automobile salvage yards; scrap recycling and waste recycling facilities; or hazardous waste treatment, storage, or disposal facilities Areas 1000 feet upgradient or 100 feet downgradient of active karst features Raingardens must bekept free of invasive plants Raingardens shall have edging. The edging shall beinstalled such that it doesn’t hinder the ability of stormwater to enter the garden. Raingarden depth shall beat least 3” deep and no more than 18” deep Raingardens must infiltrate orfilter all captured water within 24 hours Raingardens shall not damage the critical root zone ofhealthy, mature, native, non- hazardous, non-nuisance trees such that the tree is mortally wounded. Native Plantings Shall be at least 100 square feet in size Only native plants shall be planted in native gardens. Cultivars of native plants will not be accepted. Native gardens can be installed adjacent to an existing garden that has nonnative plants. Shall bekept free of invasive plants Shall be situated such that they treat stormwater from impervious surfaces Native planting may be located over underground utilities if space constraints exist on the property, no shrubs are used inthe planting, no trees are used in the planting, the property owner is willing to enter into a 10year maintenance agreement for the project, no known capital improvement projects are planned for the utility for the next 10 years, no grade changes will occur as a result of the project, no obstructions to access or maintenance are placed inthe project, and the project has received preapproval from the Director of Public Works/City engineer. The affected utility shall not be held responsible for any damages tothe project in the course of maintaining or operating the utility. Native plantings shall be installed a minimum of 3 feet from the curb and gutter or outer shoulder edges ofpaved streets if there isno curb and gutter. Native plantings shall be installed a minimum of10 feet back from the outer shoulder edge of unpaved roads. Native plantings shall be free of linings that prevent infiltration into underlying soils The planted area of the native planting shall be covered with 3-4 inches of shredded hardwood mulch unless the planting has been established by a seed mix. If the planting is established by a seed mix, temporary erosion controls (e.g. erosion control blanket, cover crops, etc.) shall be installed during establishment. Fertilizers and pre-emergent pesticides shall not be used in either the construction or maintenance of native gardens Native plantings shall have edging. The edging shall be installed such that itdoesn’t hinder the ability of stormwater to enter the garden. Very large native plantings may use boundary markers every 50’ rather than edging. Forest understory plantings following buckthorn or other invasive understory plant removal are not subject to the requirement for edging ormarkers. The native planning cannot bea preexisting natural feature Buffers Any project that involves work occurring below the OHW of a Public Water, including planting below the OHW, must contact the MnDNR to determine if permits are required for the project Only native plants shall be planted in buffers. Cultivars of native plants will not be accepted. Only portions of buffers that are wider than what is required by any government regulation oragreement are eligible for this program Buffers must extend at least an average of 16.5’ landward from the waterbody. Buffers must extend at least 15’ along the shoreline. Hard armoring practices, such as riprap or retaining walls, are not eligible Shall bekept free of invasive plants. No shrubs or trees shall be planted over underground utilities. The affected utility shall not beheld responsible for any damages to the project in the course of maintaining or operating the utility. Adequate erosion and sediment control must be installed throughout the life of the project. Generally, this means that an erosion control blanket adequate to the establishment time and slope will be required at the beginning of the project. In some cases, coconut fiber logs will be required to protect the waters edge from forces exerted on it by the water. Buffers shall have edging; or, buffers shall have boundary markers no less than every 50 feet and at every major buffer boundary directional change. Edging shall be installed such that itdoesn’thinder the ability of stormwater to enter the buffer. Forest understory plantings following buckthorn or other invasive understory plant removal are not subject to the requirement for edging or markers. The buffer cannot be a preexisting natural feature Shall be free of linings that prevent infiltration into underlying soils Fertilizers and pre-emergent pesticides shall not be used in either the construction or maintenance of buffers Fill shall not be installed in buffers without prior written approval by the Director of Public Works/City Engineer Shall include goose or other wildlife exclusion measures if warranted by conditions in the adjacent waterbody. Stormwater Reuse Shall meet allthe requirements for cisterns and rainwater harvesting Projects whose water source is anatural waterbody, such as lakes and wetlands, shall not be eligible for this program Shall be subject to watering restrictions Shall be approved by the Director ofPublic Works/City Engineer Permeable Pavers & Pavements Shall be approved by the Director ofPublic Works/City Engineer Permeable pavers and pavements are not allowed in the following circumstances: o If the area is receiving runoff from a vehicle fueling or maintenance area o Commercial, institutional, industrial, or agricultural zoned properties where high levels of contaminants in the soil can be mobilized byinfiltrating water o Commercial, institutional, industrial, or agricultural zoned properties where amended soil infiltration rates are greater than 8.3 inches per hour o Properties within the ERA within the high orvery high vulnerability DWSMA o Properties within the ERA within the moderate vulnerability DWSMA unless otherwise approved bythe Director of Public Works/City Engineer o Commercial, institutional, industrial, or agricultural zoned properties within the high or very high vulnerability DWSMA and outside of the ERA unless otherwise approved by the Director of Public Works/City Engineer o Areas that receive runoff from automobile salvage yards; scrap recycling and waste recycling facilities; or hazardous waste treatment, storage, or disposal facilities o Areas 1000 feet upgradient or 100 feet downgradient of active karst features Must be able to withstand the forces exerted on them. Systems need to beable to withstand the weight load associated with the level of traffic. The reservoir layer must be at least 3 feet higher than seasonally high-water table Shall be designed to draw down within 48 hours Shall comply with recommendations of the Minnesota Stormwater Manual Shall be designed an operated to reduce the chance of clogging and pollution to underlying groundwater Shall have adequate protections in place to prevent water intrusions into basements and underground structures Shall have pretreatment adequate for the source of the stormwater entering the pavement Other Projects May be accepted on a case-by-case basis and must be approved by the Director of Public Works/City Engineer Must adhere to standard engineering practices For proprietary products, installation and maintenance must follow manufacturer’s guidelines PROCEDURE APPLICATION PROCESS Requests toreceive the rebate must be submitted in writing on aform developed by the City with required attachments and supporting information for consideration. The City is under no obligation to approve an application nor to provide the rebate. Projects that require submission of anapplication and pre-approval before the project has been started include the following: Projects proposed tobe located in easements and rights-of-way Projects located over underground utilities Projects that require a permit Projects that propose compacting soils or the subgrade as part of the project Projects that require a maintenance or encroachment agreement Proposed infiltration raingardens located in the ERA and moderate vulnerability DWSMA located on commercial, institutional, industrial, or agricultural zoned properties Proposed infiltration raingardens located in the high or very high vulnerability DWSMA located on commercial, institutional, industrial, or agricultural zoned properties Buffer projects that propose toadd fill Stormwater reuse projects Permeable paver and pavement projects Projects that are not a rain barrel, cistern, rainwater harvesting, raingarden, native planting, or buffer Native plantings located in aneasement Projects requiring a maintenance or encroachment agreement must have a fully-executed agreement prior to approval and installation of the project. A pre-project site inspection by city staff or representatives will be required. Any project that is not required tosubmit an application for pre-approval can still be submitted for review prior to installation. An optional preinstallation review can help troubleshoot common design and installation mistakes. Most preinstallation reviews will include a visit to the location of the proposed project to verify site conditions. It is highly recommended that all projects on commercial, agricultural, industrial, and institutional zoned lands submit projects for preinstallation review. The deadline for application is October 1 each year. Applications submitted after October 1 will be considered the following year and besubject to that year’sbudget. Pre-approval of aproject or a preinstallation review shall not guarantee a rebate. Issuance of a rebate shall be based on whether inspection of the completed project confirms compliance with this policy and any maintenance or encroachment agreements associated with the project. PROJECT ACCEPTANCE AND DISBURSEMENT OF REBATE The applicant will be required to submit receipts for project expenses for review. Upon completion of the project, submission ofa complete application, and submission ofreceipts, the city will visit the project to confirm installation inaccordance with this policy; the city will make a reasonable effort to contact the property owner with regards to when inspection will occur. Any project requiring a maintenance orencroachment agreement must have an executed agreement prior to project acceptance. Buffer projects that plant below the OHW of a Public Water will be required to submit a copy of the MnDNR permit or approval to do so. Projects that use seed to establish a vegetated BMP will not be eligible for reimbursement until perennial vegetation has become established; this could take more than a year for some projects and does not include the establishment of a cover crop for erosion prevention purposes. Projects that use seed to establish a vegetated BMP will also berequired to provide information on seed vendor, seed mix, and seed tags. Projects will only receive rebates if funding remains in the program budget for the year. Qualifying, complete projects will receive rebate on a first come first served basis. Rebates for projects that are funded will show up as a credit on the next city utility bill. The quarterly stormwater utility fee will be smaller than the rebate in most cases. As such, any excess rebate will be carried over to the next bill until the entire rebate credit has been claimed. Projects must remain inplace, with the exception of rain barrels, for no less than 5 years or a longer time if specified in a maintenance or encroachment agreement. The project will be subject to City inspection to confirm the BMP has remained inplace and functional during that timeframe. The City will make areasonable effort to contact the property owner prior to any inspection. Removal of the BMP before the end ofthat timeframe orrefusal to allow City inspection shall result in the cost of the rebate received being charged back to the property owner in their utility bill. QUALIFYING EXPENSES The City will only provide rebates for expenses that are specific to the function of the BMP: plants in the BMP, equipment rental, mulch, edging, compost, etc. The following expenses shall not qualify for reimbursement: Unpaid labor, including labor performed by the property owner, volunteers, and their immediate relatives ordependents Hard armoring (e.g. riprap) of shorelines Materials whose only function is decorative: decorative rock, stepping stones, decorative fencing, boulders, etc. The City shall set a maximum reimbursement/rebate amount (i.e. cost cap) for the following materials annually: Edging Trees Shrubs Dry riverbeds Splash blocks Retaining walls Downspout redirection REBATE RATES Rebate credits shall be earned at the following rates: No project shall receive a reimbursement that exceeds 50% of total qualifying expenses Projects may still qualify for rebate if they receive grants or cost share or reimbursement or other financial assistance through another program offered from another government organization or nonprofit. However, all combined financial assistance, including this rebate, shall not exceed total qualifying expenses for the project. In other words, the property owner shall not be allowed to make amonetary profit from installation ofthe project. Each property can only receive one (1) rebate per year and rebates cannot be combined Each property can only receive amaximum offour (4) rain barrel or cistern rebates over the time that a same property owner owns the property Any individual can only receive a maximum of four (4) rain barrel or cistern rebates ever. The City shall annually set a maximum rebate award for projects. The maximum rebate award will vary for different project types. The City may also adjust the maximum rebate award based on size of practice and water quality benefit provided. MAINTENANCE REQUIRED Maintenance is required. Projects shall be maintained for a period ofno less than 5 years. Some projects will have alonger maintenance period as established through agreement with the City. During the maintenance period, the City shall have the right to enter the property to confirm that BMPs are being maintained. The city shall make a reasonable effort to inform the property owner prior to inspection. Some BMPs will require submission of an annual inspection report by a qualified professional if established through an agreement with the city. The following items shall be included in any applicable maintenance agreement: Planted BMPs shall remain free of invasive plants Native vegetation shall remain native Planted BMPs shall remain vegetated Pesticides shall not be used in vegetated BMPs except for selective application to nonnative pests Pesticide used in buffers shall beappropriate for use near water Fertilizers shall not be used invegetated BMPs Snow shall not be stored on in/filtration BMPs Winter sand application shall not beused on permeable pavers or pavements An approved snow and ice control plan that limits deicers shall be required for permeable pavers and pavements. Individuals and organizations performing winter maintenance shall have MPCA Smart Salting certification, and certification shall remain current. Permeable pavers and pavements shall be vacuumed or regenerative air swept twice per year at minimum: once in spring and once in fall. Vacuum or regenerative air sweepers shall not use brushes. Power washing and vacuuming will be performed on any clogged areas that remain after sweeping. Void spaces in paver systems shall be refilled by permeable aggregates or sands asneeded following sweeping, vacuuming, or power washing operations. Materials shall not be stored temporarily on in/filtration BMPs that have the potential to clog or compact the BMP An approved pretreatment maintenance program appropriate for the location and pretreatment BMP installed for projects requiring a maintenance agreement The size and capacity of the BMP shall not be reduced during the maintenance term The City shall have the right toinspect Annual inspection and maintenance reports bya qualified individual submitted by the grant recipient to the City during the maintenance term for projects requiring a maintenance agreement. Issues found in the annual report shall berepaired within three (3) months unless alonger time period isapproved by the city. 1 Stormwater Rebate Application City of Rosemount Attn: Public Works/Engineering 2875 145th Street W Rosemount, MN 55068 pwadm@ci.rosemount.mn.us Submit this form and required materials listed on page 2. Some projects require approval before installation. Applicant Information Name: Organization: Address: Email: Phone Number: Property Owner Information If different from above Name: Organization: Address: Email: Phone Number: Project Information Address: Is the project already completed? Yes-list date completed No-list estimated start date: Will your project require tree removal? Yes No Have you applied for permits? Yes No permits are required Is this project required by a permit or enforcement action? Yes No Select Project Type: Rain Barrel Volume: Cistern or Rainwater Harvesting Volume: Native Planting Area ft2: Raingarden Area ft2: Depth inches: Wetland or Shoreline Buffer Average width ft: Shoreline length ft: Stormwater Reuse Volume: Water source: Permeable Paver or Pavement Material: Area ft2: Reservoir depth: Other: Size and volume: Special features that improve water quality: Rebate Request Attach itemized receipts for completed projects; attach cost estimate for projects requiring pre-approval Total project cost*: *Please note, a cost cap is applied to some materials Financial Assistance Received from Others: Landscaping for Clean Water - $250 Lawns to Legumes - $350 Other - $ List Organization: Signature I hereby acknowledge that to the best of my knowledge the information contained in this application is correct. I understand that the City of Rosemount is under no obligation to provide a rebate for my project. I understand that I may be required to obtain permits from the City or other organizations to complete my project, and work on my project cannot begin until all required permits have been issued. I acknowledge that the City may request additional materials and information from me necessary to determine whether my project qualifies for a rebate. I grant the City the right to access my property to inspect the condition of the project to determine eligibility for this program and take pictures of the project for recordkeeping and public education purposes. Signature: Date: 2 Please Enclose the Following Information The City may request additional information to that listed below. All plans must be to scale. You may submit a plan of your project for review prior to installation. For assistance, call 651-322-2075 or email jane.byron@ci.rosemount.mn.us For Rain Barrels, Cisterns, and Rainwater Harvesting Itemized receipt for the rain barrel Installation location & photo of installation Product/materials information Must be at least 45 gallons in size to qualify For Stormwater Reuse Requires approval before installation and a maintenance agreement Product/materials information Explanation of intended use Water source information Water treatment information Installation location Information sufficient to determine that building and plumbing codes have been met and that the system is structurally sound All Planted Projects Native plantings, buffers, raingardens, etc. A materials list A planting plan drawn to scale and plant list Installation method information Maintenance plan to keep the area weed free. Please note, geotextile weed barriers are prohibited. Receipts for completed projects; budget and cost estimate for projects that require preapproval or a Temporary stabilization/erosion control methods used during plant establishment A site plan showing location of the planting that shows the location of all utilities, any tree removals, any existing trees, any grade changes, any required buffers conservation easements, all structures (driveways, houses, roads, sidewalks, patios, sheds, etc.). Must have stormwater directed to the planting to qualifymaintenanceagreement Native Plantings All items requested for all planted projects. Plant/seed supplier information List pre-project land cover: sod, existing garden, etc. Must be at least 100 ft2 in size A statement confirming that plants have an original source within 200 miles (300 miles for trees & shrubs). Only native plants of ecotype will be accepted. Buffers & Native Plant Shoreline Stabilizations All items requested for native plantings Wildlife/goose exclusion measures employed during plant establishment A copy of MnDNR approval or permit for plantings below the OHW of a Public Water Must be on average 16.5’ wide and at least 15’ long Raingardens All items requested for all planted projects Please note, edging and 3”-4” of shredded hardwood mulch are required. Please indicate if you have issues with standing water in the location of the garden List or show distance to nearest foundation and foundation type: slab on grade, half basement, full basement. Setback minimums: 5’, 10’, 15’ respectively. If applicable, show location of the stabilized outlet/overflow and pretreatment method. Permeable Pavers and Pavements Approval required prior to installation and a maintenance agreement All items requested for other types of projects A cross section that includes the storage reservoir Other Types of Projects Approval required prior to installation and a maintenance agreement A site plan showing location of the installation, all utilities, any trees, any grade changes, any buffers & conservation easements, rights-of-way, all structures, and any potential pollution sources in the contributing drainage area. A materials list Installation method information A budget/cost estimate A maintenance agreement Information necessary for reviewers to determine that the installation can withstand the weight/forces exerted on it and demonstrate water intrusion into structures will not be an issue. Product manuals for proprietary products Pretreatment methods if applicable Projects that Require Approval & a Maintenance Agreement Prior to Installation Projects located over underground utilities Projects that require a permit Buffer projects that propose to add fill Stormwater reuse projects Permeable paver and pavement projects Projects that propose compacting soils or the subgrade as part of the project Projects that are not a rain barrel, cistern, rainwater harvesting, raingarden, native planting, or buffer. Projects proposed to be located in easements and rights-of-way. Encroachment agreement is required. Proposed infiltration raingardens located in the ERA and moderate vulnerability DWSMA located on commercial, institutional, industrial, or agricultural zoned properties Proposed infiltration raingardens located in the high or very high vulnerability DWSMA located on commercial, institutional, industrial, or agricultural zoned properties Photos may be required in some special cases. Communities inMinnesota Offering Financial Incentives toInstall Small Stormwater BMPs on Private Property Please note, this list represents only a sampling. There are likely many more programs offered in the state. Organization Type Who Amount Projects Funded Cost/budget Other info Eden Prairie Rebate Rate payers Upto $1,500 – Irrigation $16,000 for Recommends making projects sufficiently flexible tocover all typesof situations andcontingencies varies with upgrades, landscaping https://www.edenprairie.org/community/sustainable-eden-prairie/water/water-conservation-rebate-programs size andtype shoreline rebates and ofproject restorations, $25,000for raingardens, irrigation buckthorn upgrades removal, pollinator annually – habitat they are spending that Apple Valley Cost share Residential, 50% upto Raingardens, $5,000 Requires preapplication, approval byCouncil, andamaintenance agreement institutional, $500 cisterns, native annual Norainbarrels and reimbursement gardens, budget http://cityofapplevalley.org/376/Water-Quality-Improvement-Cost-Share-Pro?NID=376 commercial check shorelines, other if $2,353.19 properties sufficient water given outper quality benefit year on average Burnsville Grant Residents, $1000 Shoreline Application deadline businesses, reimbursement stabilizations, https://www.burnsvillemn.gov/564/Resident-Grants and raingardens, associations barley straw treatments, erosion control projects using bioengineering Dakota Grant Residents $250 Raingardens, InVRWJPO Landscaping forClean Water program. Workshop attendance mandatory. TheSWCD hasothergrant programs County Soil native gardens, funded by with higher funding amounts. andWater shoreline VRWJPO http://www.dakotaswcd.org/lcw.html Conservation stabilizations $6250 for District project Map offunded projects installation https://dakotacounty.maps.arcgis.com/apps/webappviewer/index.html?id=12e2bc4ebd7b4df4a4096d3305bcbb91 costs – 25 Rosemount isunder represented. projects – they usually Program isfunded bylocal watershed organization like Vermillion Rivers Joint Powers Organization. Additionalspendallofmoneyisallottedtopayforworkshopsandtoprovidetechnicalassistancethanislistedinthecolumntotheleft. that The SWCD has other financial assistance programs forlarger projects http://www.dakotaswcd.org/costshare.html City of Permanent Residents, Residents - Residents – http://www.minneapolismn.gov/publicworks/stormwater/fee/stormwater_fee_stormwaterqualitycredits Minneapolis stormwater businesses, 50% raingardens & credit institutions stormwater pervious utility feecredit pavement Commercial – Commercial – 100% raingardens, stormwater infiltration basins, credit permeable pavements, tree box/trench, infiltration trench, underground BMPs, filters, green roofs Rosemount Rebate Residents, $20-$250 Rain barrels, $5000 max businesses, depending on cisterns, rainwater proposed institutions type & size & harvesting, peryear benefit stormwater reuse, raingardens, shorelines/buffers, permeable pavements, other upon review Northfield Rebate Rate payers $20-$250 Rain barrels, https://ci.northfield.mn.us/338/Rain-Garden-Rain-BarrelsNative-Plant-Reb depending on raingardens, project type native plantings and cost 33%-50% for plantings South St. Rebate Rate payers $42.20-Rain barrels, https://www.southstpaul.org/680/Rebate---Rain-Barrel-Rain-Gardens Paul $33,000 raingardens Raingarden rebates are meant tobe amatch ofSWCD grants soaproperty owner could potentially get100% of depending on their project funded project type The contact forthisprogram isoutthisweek, so further detail isnotavailable. Fridley grant raingardens https://www.ci.fridley.mn.us/622/Stormwater https://www.ci.fridley.mn.us/1357/Raingardens Itisunclear ifgrant funding referred toin theabove links iscityfunding orwatershed funding. Rochester Cost share Residents, 75% upto Raingardens – https://www.rochestermn.gov/departments/public-works/stormwater-management/clean-water- schools, $1000 must bemostly actions/allactions/raingardenscostsharegrant community native plants organizations Aseparate permanent stormwater creditisavailable fornon-residential properties through aseparate program. Chanhassen grant residents $500, more for Raingardens, https://www.ci.chanhassen.mn.us/1137/Grants-and-Resources large or pervious combined pavements, They also have agrant toreduce theirrigated areaofyour yardwith plantings projects shorelines, https://www.ci.chanhassen.mn.us/1132/Landscape-Rebates filtration swales, other St. Louis Cost share Residential $100-$3000 Raingardens, Requires preapproval. Applications accepted allyear. Maintenance agreement required. Park landowners and 50%-75% permeable https://www.stlouispark.org/government/departments-divisions/natural-resouces/rainwater-rewards-program depending on pavement, green project type, roofs, tree location, and planting, rain other factors barrels, other Eagan Cost share Rate payers 75% notto very inclusive list $50,000 Water Quality Cost-Share Partnership Program that are exceed a ofeligible projects budgets; landowners predetermined that includes but $191,342 They don’tadvertise theprogram. amount isnotlimited to awarded to shoreland 31projects The program isforlarger projects andhasa $2500 minimum. 2500 projects, since 2013 minimum grant raingardens, More project examples that areeligible forfunding: - stormwater pond retrofits, bioretention / biofiltration, infiltration stormwater trenches, vegetated swales, sub-surface infiltration / retention systems, sediment-capture practices, residential rain volume reduction gardens that intercept driveway runoff, rainwater-harvesting / re-usesystems (500gallons +), permeable pavement practices systems, soil-compaction alleviation/amendment/restoration, soil-erosion & sediment-control practices, gully stabilization, shoreland bufferrestoration / native plant diversity enhancement, upland buffer restoration / native plant diversity enhancement, educational events/activities/displays pertaining towater quality & behavior changes. Other – Cost Residents, Varies Varies Varies Many ofthemetro area watershed management organizations anddistricts offer cost share andgrant programs for metro shares or institutions, installation ofsmall BMPs onprivate property. The VRWJPO, thewatershed that Rosemount lieswithin, doesnot; watersheds grants businesses however, they contribute funding totheSWCD LFCW program for grants. EXECUTIVE SUMMARY Utility Commission Meeting: May 18, 2020 AGENDA SECTION: AGENDA ITEM: Utility Commission Ordinance Change New Business PREPARED BY: Brian Erickson, PE, Director of Public AGENDA NO. 8.a. Works/City Engineer ATTACHMENTS: Utility Commission Ordinance APPROVED BY: BLE RECOMMENDED ACTION: Motion to recommend City Council approval of the first reading of the Utility Commission Ordinance. BACKGROUND After a recent review of the City Code Title 2, Chapter 4, Public Utility Commission, it was evident that there were to be some appropriate changes to be made tothe code. Staff reviewed this with the City Attorney resulting in the changes recommended below. First, the statutory authority establishing the Rosemount Utility Commission is properly noted under Minnesota Statute (MS) 412.331. Currently, the city code uses MS 216A.05, which is the statue that governs the State of Minnesota’sPublic Utility Commission. Additionally, there are some additional reference corrections in the text. Secondly, based on the allowed authority under MS 412 paragraph 2-4-4 A. 4. is changed to include street lighting systems and the reference to other utility systems serving Rosemount asa ‘catch all’ isremoved. Third, paragraph 2-4-4 B. 2. is removed in total. The Utility Commission is involved in the annual budgetary and capital plan review and provided any development is in accordance with the Comprehensive Plan no additional utility review is necessary. Historically, for at least the last 15 years the Commission has not been involved in any development review. Fourth, paragraph 2-4-4 B. 3. will be renumbered to ‘2’. Additionally, staff recommends that the month be changed from January to September when the Commission typically reviews the utility budgets for the upcoming budget year. If left in January, there would be no ability to make changes to the budget. Finally, paragraphs 2-4-4 C. and D. should be removed as this is not something on which the Utility Commission has previously acted. RECOMMENDATION Staff recommends that the Utility Commission approve the language and recommend City Council move forward with the first reading ofthe Utility Commission Ordinance. C:\\Users\\jab\\AppData\\Local\\Temp\\8.a. Utility Commission Ordinance Change_596855\\8.a. Utility Commission Ordinance Change.docx CITY OFROSEMOUNT COUNTY OFDAKOTA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE CHANGING CHAPTER 4PUBLIC UTILITIES COMMISSION THE CITY COUNCIL OFTHE CITY OF ROSEMOUNT, MINNESOTA ORDAINS as follows: Section 1, Title 2, Chapter 4ofthe Rosemount City Code isamended asnoted inthefollow paragraphs. Chapter 4 PUBLIC UTILITIES COMMISSION 2-4-1: ESTABLISHMENT OF COMMISSION: The public utilities commission ofthe city asauthorized byMinnesota Statutes, sections 412.321 412.331 through 412.391, which sections arehereby expressly accepted, ishereby established. The commission shall consist ofthree (3) members appointed by the city council for three (3) year terms. Terms will commence on April 1ofthe year appointed. (Ord. VIII.5, 4-17-2001) Ex officio members ofthe commission shall be the city administrator and the mayor. (Ord. VII.6, 2-18-1992) The public works director for the city will act asthe executive director for the utilities commission. Inthat capacity the executive director will take direction from the commission, report tothe commission with information and recommendations onall matters atthedirection ofthecommission oron his/her own initiative. Secretarial service tothe commission shall be provided by city staff as directed by the commission executive director. The commission will meet atleast once monthly atatime and place set by majority votes ofthe commission. These will be considered public meetings. (Ord. VII.5, 4-5-1988) 2-4-2: ORGANIZATION: The provisions ofMinnesota Statutes, section 412.321412.331 shall apply tothe composition, terms, appointment, qualifications and removal ofmembers ofthe commission. (Ord. VII.5, 4-5-1988) 12-4-3: OATH; COMPENSATION: Every appointed member shall, before entering upon the discharge ofhis/her duties, take an oath that he will faithfully discharge the duties ofhis office. Compensation for the members shall be determined by the city council. (Ord. VIII.5, 4-17-2001) 2-4-4: POWERS AND DUTIES, JURISDICTION: 2A. The public utilities commission shall have responsibility over the following public utilities ofthe city: 1. City operated water systems. 2. City operated sanitary sewer systems. 3. City operated storm water systems. 4. Street lighting systems. Other utility systems serving the general public inRosemount where the city has adetermined part indetermining the need and level ofsuch service. 5. Any public buildings owned and operated by the city for functions directly relating toitems in subsections A1 through A4 ofthis section. B. With respect tothe public utilities commission areas ofjurisdiction enumerated above, thepublic utilities commission shall have the powers prescribed bylaw3 and more specifically asfollows: (Ord. VII.5, 4-5- 1988) 1. To review and adopt operating budgets and authorize expenditures for funds specifically set out for use inthe operation and maintenance ofthe above referenced utilities. 2. To review all proposed developments inthe city including residential, industrial and commercial in nature and make recommendations, aspart ofthat review process, tothe city council on these proposed developments asthey relate tothe needs ofthe community inall areas ofthe above referenced utilities. These reviews being arequired part ofthe approval process for proposed developments. 3. 2. At least annually, atthe commission'sregularly scheduled January September meeting, ormore frequently ifdeemed necessary by the commission, review all user fees, connection charges and other associated forms ofrevenue tothese utilities and present recommendations tothe city council regarding these fees. Adding ordeleting of such fees will also be determined, through this process. Ord. VIII.3, 3-6-2000) C. The public utilities commission shall also be responsible for review ofcable services within the city for the following purposes: 1. To monitor the cable company'sperformance astolevel ofservice. 2. To advise and make recommendations tothecity council concerning useoffranchise fees. D. The commission jurisdiction islimited towhat isspecified inthe cable franchise agreements. Ithas no power toadjust or approve cable rates ortorequire the cable company toimprove level of service or to expand into new service areas within the city. The commission may do the following: 1. Review and adopt operating budgets with respect to the amount of revenue the city receives from the franchise fee. 2. Authorize expenditures for funds specifically budgeted bythe commission. 3. Conciliate disagreements among thecable company, subscribers andusers ofthe system. 4. Submit an annual report tothe cable company and city council assessing the company'sperformance according tothe terms ofthe franchise agreement. (Ord. VII.6, 2-18-1992) Footnotes - Click any footnote link togo back toits reference. Footnote 1: See resolution 1992-141 on file inthe office ofthe city clerk. Footnote 2: See title 4ofthiscode. Footnote3: M.S.A. § 216A.05.421.331through412.391 EXECUTIVE SUMMARY Utility Commission Meeting: May 18, 2020 AGENDA SECTION: AGENDA ITEM: City ProjectUpdate Executive Director’s Report PREPARED BY: BrianErickson, P.E. Director of Public Works AGENDA NO. 9.a. CityEngineer ATTACHMENTS: None APPROVED BY: BLE RECOMMENDED ACTION: None, informational only BACKGROUND The beginning ofthe 2020 construction season isnearlyhere. Thefollowinglististhe current and planned City ofRosemount projects. Thereareadditional developments thatareinearly stages of theprocess andthose willbe addedasaappropriate. Changes sincethelast report areshown as strikeout fordeletions andunderlined foradditions aswell asabar alongtheleftmarginto indicatethechanges. 132nd Street Improvements – Scopeincludes construction ofutilitiesandpaving between MNHwy3andDoddBoulevard. Project iscompleted fortheseasonwith utilitiesandbase courseinplace. Wearcourse willbeinstalled in2020 withexact datestobeestablished. 145th Street Sidewalk Improvements – Scopeincludes constructing sidewalk and thpedestrianrampsalongthenorthsideof145 Street totheeastofBrazilAve. Project iscompleted fortheseason. Thereis aportionofsidewalk acrosstheUnionPacific Railroad thathasnotbeendone asthecrossing material wasremoved forrail maintenance. UnionPacifichasthisworkontheirplan; however, actualdatesarenot yetavailable. 2019 Street Improvement Project – Scopeincludes mill andoverlayofConnemara Trailbetween DiamondPathandShannon Parkway andrestriping toa three-lane sectionwithsomeminorstormsewerimprovements. Projectiscompleted forthe season. Bidopening forthesecondphaseof thisproject had 5contractors bidding withanapparent lowbidfrom McNamara Contracting. Contract awardwillbeatan upcoming CityCouncil meeting. Work startedonMay14, 2020. Thescopeincludes millandoverlay orreclamation of: Chippendale Avenuefrom145th Street Wto 160th Street W Dodd BoulevardfromShannon Parkway to Chippendale Avenue 151st StreetWfromShannon Parkway toChippendale Avenue Crestone Ave, ClaretAveandCimarron AvefromCSAH42to151st StreetW C:\\Users\\jab\\AppData\\Local\\Temp\\9.a. Project Update_596856\\9.a. Project Update.docxG:\\MEETINGS\\UTILITY COMMISSION\\UC Items and Packets\\2020\\20200518\\9.a. Project Update.docx Adalyn Avenue – Scopeincludes construction ofutilitiesandpavingbetween Addison AvenueandConnemara Trail. Project iscompleted fortheseason withutilities and basecourseinplace. Wearcoursewillbeinstalled in2020 with exactdatestobe established. stAddisonAve – Scopeincludes constructionofutilitiesand pavingbetween141 StreetEastandatemporary cul-de-sactotheeast. Project wascompleted exceptfor wear course in2018andbecause ofadditional 2019 construction inthearea, the removal of thecul-de-sac and roadextension totheeastthissummer. Finalwear course willbedonein2020 withexactdatestobe established. Autumn Path – Scope includesconstruction ofutilitiesandpavingfromBonaire Path northapproximately 2,500feet. Projectisscheduled tobeawarded attheCityCouncil meeting onMay19, 2020andconstruction is anticipated tobegin inearlyJune.This projectis planned for2020construction andis currently indesign. Bidopening is planned forMarch 26, 2020. Biscayne Ave – Scopeincludes construction of utilitiesandpavingbetween Boulder thTrail160 Street (CSAH46). Thiscontract wasawarded and iscurrently under construction. Extension ofsanitary sewerwillprovide service totheBiscayne Business Parkonthesouthern end oftheproject.Thisprojectisplanned for2020 construction andiscurrently indesign. Bidswereopened onMarch10, andthere wereatotalof9bidders withan apparent lowbidfromNorthwest Asphalt. Contract award willbe atanupcomingCity Council meeting. Rightofwayacquisition is nearly completed. Bonaire Path – Scopeincludes construction ofutilitiesandpaving between Akron Avenue and Anderson Drive. Additionally, theinstallation ofcrossing armsatthe UnionPacificRailroad intersection areinthescopeofthe projectandplannedfor 2020. Ultimately, the citywillrequestthat thisintersection become aquietzone (i.e. no train horns). Projectiscompleted for theseasonwithutilitiesandbasecourse in place. Wearcourse willbeinstalled in2020 withexactdatestobe established. Final designfor railimprovements was approved byCity Council attheFebruary 4meeting. Thisworkisanticipatedtobecomplete thissummer. Staffhasbeenincontact with theFederal Railroad Administration regarding application foraquietzone (QZ). Because ofthe design, theQZ application isexpected tobe approved. Connemara Trail Extension – Scopeincludes construction ofutilitiesandpaving fromAkronAvenue eastapproximately 1,300 feet. Contract wasawarded andthe contractor ispreparing tobegin work. Someadditional work isbeingcoordinated with theparceltotheeasttoassistwithfuturedevelopment.Thisprojectisplanned for 2020construction andiscurrently indesign. Bidswereopened onFebruary28, and there wereatotalof9 bidders withanapparent lowbidfromA-1Excavating. Contract award will beatthe March 17City Council meeting. Deepwoods Court – Scope includespavement reclamation and minorcurbrepair fromMcAndrews Road southapproximately 1,900feet. Contract awardhasbeen approved, butiswaitingonsomeadditional paperwork fromtheresidents. Ribbon curbwillbeinstalled.Thisprojectisplannedfor2020 construction andiscurrently in design. Bidopeningisplanned forMarch 24, 2020. Ameeting withresidents is 2 scheduled afterthe bidopening todiscuss theconstructionof ‘ribbon’ curbalongthe corridor. Dunmore Storm Lift Station – Scopeincludes theconstructionofastormwater lift stationin theDunmore subdivision and connectiontoexisting forcemain. Construction is nearly completed. Initial startupandcontrolprogramminghasbeen performed. Generator connectiontestswillbeperformed in thespring. Restoration willbe completed in2020. Shannon Pond Outlet Feasibility Study – Scope includesreviewing potentialroutes forstormwater outletatShannon Pond. Because ofthelandlockedlocationoutlet will beasignificantundertaking. Initially studyworkisanticipated inFebruary 2020. Information fromthisstudywillbeusedtoestablish futureimprovements necessary to reducethepotential forstructure flooding. TH 3 Drainage Improvements – Scopeincludes improvingthestormwater crossing at MNHwy3 between Dunmore andHarmony subdivisions. Thisisajointproject between theCityofRosemount andMnDOT. Construction hasbeen completedand minorpunchlistworkremains.Design incompleted and workisplanned for2020. Bidswere openedon February 7, andtherewereatotal of 6 bidderswithalowbid fromAlcon Excavating. Contract award was atthe March 4City Council meeting. Completion ofthisprojectis planned forJune 30, 2020. The following list is the current and planned developer projects. Bella Vista 6 – Scopeincludes construction ofutilities andpavingfromAulden Avenue tothecul-de-sacapproximately850’ northeastaswellas19singlefamily residential (SFR) lots ofaplanned total 158. Inaddition, thereisatemporary sanitary sewerliftstationthatwill beinstalled untiltrunksewerisextended atafuture date. Utilities andbasecoursearein placeandtheliftstationis underconstructionnow. Wearcourse isplanned for2020 withexactdatestobeestablished. Bella Vista 7 – Scopewillincludeconstruction ofutilitiesandpavingfromatemporary connection totheAutumn Pathextension (seeabove) westapproximately 1500feet aswellas 26SFRlots of aplanned total158. Thisisthefinalphaseof this development. Actualconstruction cannotoccuruntil Autumn Path isconstruction to allowaccessasthisportionofBella Vistaiscurrently ‘landlocked’. Grading is completed. Biscayne Business Park – Scopeincludes construction ofutilitiesandpavingfrom Biscayne Avenue to thecul-de-sac approximately 750’ westas wellas8commercial lots andatemporary connection tothe Metropolitan CouncilEnvironmental Services MCES) interceptor line. Thisconnection willbechanged onceBiscayne Avenue is reconstructed. Paving willbedonein2020. Caramore Crossing – Scopeincludes construction ofutilitiesandpavingfrom Akron Avenue and fromBonaire Path aswellas 82 SFR lots of aplanned total177. This projectis currently onholdplanned for2020construction andis currently indesign. 3 ndDunmore – Scopeincludes construction of utilitiesandpavingfrom 132 Streetas wellas30 SFR lotsofaplannedtotal 87. Thisprojectisnearlycomplete, wearcourse hasbeendone. Dunmore 2 – Scopeincludes construction ofutilitiesandpavingfrom Caffery Court as wellas25SFRlotsofaplanned total87. Project iscompleted fortheseasonwith utilitiesandbase courseinplace. Wearcourse willbeinstalled in2020 withexact datestobe established. Contractor willberequired tomakerepairsto the stormwater pondsduetopoordewatering practices. Greystone 7 – Scope includes construction ofutilitiesandpavingaswellas 46 SFR lotsofaplanned total 287. Projectiscompletedfor the seasonwithutilitiesandbase coursein place. Wearcoursewillbeinstalled in2020 withexactdatestobe established. Greystone 8 – Scope includes construction ofutilitiesandpavingaswellas 56 SFR lotsofaplanned total 287. Thisisthe finalphaseof thisdevelopment. Projectis completed fortheseasonwith utilitiesandbasecourse inplace. Wear coursewillbe installed in 2020 withexactdatestobe established. Harmony Parkview – Scope includes construction ofutilitiesandpavingaswellas 22 townhomes. Utilities arecityownedandthestreetsareprivate. ndHarmonyParkview2 – Scopeincludes construction ofutilitiesandpavingas well as 26 townhomes. Utilities willbecity ownedandthestreets areprivate. Thisproject will alsofilltemporary stormwater ponding ontheeastsideof MNHwy3. Thisproject is planned for2020construction. Harmony Villas – Scopeincludes construction of utilitiesandpavingaswellas 42 townhomes. Utilities arecityownedandthestreetsareprivate. Utilityconstruction is complete. Harmony Villas 2 – Scopeincludes construction of utilitiesandpavingaswellas 26 townhomes. Utilities arecity owned andthestreets areprivate. Utility construction is complete. ndMeadowRidge2 – Scope includes construction ofutilitiesandpavingaswellas 29 SFRlotsof aplanned total 154. Project iscompleted fortheseasonwithutilities and basecourseinplace. Wearcourse willbe installed in 2020 with exactdatestobe established. rdMeadowRidge3 – Scopeincludes construction ofutilities, paving andatemporary sanitary sewerliftstation aswellas 28 SFRlotsof aplanned total 154. Thisproject is planned for 2020construction. Morrison (Downtown redevelopment) – Scopeincludes redevelopment ofthearea westofTH3inproximity toShenanigans. Mixedcommercial andapartments are planned forthisarea. Projectwas approved attheFebruary 4CityCouncil meeting. Design is currentlyin progress. Workis expectedto beginthis year. 4 Prestwick 17 – Scopeincludes construction of utilitiesandpaving, including the completion ofAddisonAvenue toatemporarydeadendtotheeast aswellas26 townhomes. Utilities willbecity ownedandthestreetsareprivate. Projectis completed fortheseasonwith utilitiesandbasecourse inplace. Wear coursewillbe installed in 2020 withexactdatestobe established. Prestwick 18 – Scopeincludes construction of utilities andpavingaswellas40 townhomes. Utilities willbecityownedand thestreetsareprivate. Utilities havebeen installed. Wearcoursewill beinstalledin 2020 withexactdatestobe established. Prestwick 19 – Scopeincludes construction of utilitiesandpavingaswellas 35 SFR lots. Projectiscompleted fortheseasonwithutilitiesandbasecourseinplace. Wear course willbeinstalled in2020 withexactdatestobe established. Prestwick 20 – Scopeincludes construction of utilitiesandpavingaswellas 27 SFR lots. Thisisthefinalphaseofthisdevelopment onthewestsideofAkronAvenue. Thisprojectisplanned for2020construction. Prestwick 21 – Scopeincludes construction of utilitiesandpavingaswellas 24 townhomes. Utilities willbecityownedand thestreetsareprivate. This projectis planned for2020construction. Prestwick 22 – Scopeincludes construction of utilities andpavingaswellas 64 townhomes. Utilities willbecityownedand thestreetsareprivate. This projectis planned for2020construction. Rosemount Woods Expansion – Scopeincludes construction of39additional manufactured homesitesaswellasconstructionofprivate utilityextensions for those sites. Projectwas approvedat theFebruary 18CityCouncil meeting. Wexford Place – Scope includes redevelopment ofa multifamily residence atthe intersection ofChippendale AveandCSAH46withanapartmentbuilding. Projectis currently underconstructionwithaplanned completion in2020. The following is the list of Dakota County and MnDOT projects. CR 73 (Akron Ave) – Scopeincludes thereconstruction ofAkronAvenue from Bonaire PathtotheRosemount city limit. Italsoincludes theconstructionofa trail underpassnearFlintHillsSoccerComplex. Finally, itincludes pavement thstrehabilitationfor124Courtand121 Street. Work iscurrently underway withthe stsouthernsectionbeingclosedtotraffic. Pavement reclamation on 121 Street and th124 Courtiscompleted and pavingisplannedfortheweekofMay18, 2020.This projectisplanned for 2020 construction. Bid opening had8contractors biddingwith anapparent low bidfromNorthland Grading andExcavating. Contract award wasat theFebruary 25 CountyBoard meeting. Roundabout Connemara Trail/Diamond Path – Scopepreliminary engineering for theconstruction ofa roundabout atthisintersection. Thisprojectisplanned for construction in2022. Preliminary designworkhascontinued andafutureopenhouse willbeheldinearlyMay2020. 5 Formatted: Superscript Formatted: Superscript CSAH 42/CR 73 (Akron Ave) Signal – Scopecallsforinstallation of atrafficsignal at the intersection ofCSAH42andCR 73 (AkronAve) toaddress the increase intraffic atthis intersection. Thisprojectisplanned forconstruction in2021. Preliminary designworkisinprocess along withrightofwaydeterminations. CityofRosemount, DakotaCounty, DakotaCountyTechnicalCollege andthe UniversityofMinnesota continue toworkin partnership tocomplete thisproject. Extensionofwatermainis being considered. CSAH 42 Visioning Study – Thisisastudythatwilllookatnearlytheentirelengthof CSAS42starting atthewestern countyline (Burnsville) andendingat MNTrunk Highway 52. Futureopenhouses andpublicengagementopportunities willbe promulgated astheyareestablished. At thistimemostpublicengagement willbevia on-linecomments andupdates. TH 55SafetyImprovements – Scope includes improvements alongMinnesota Trunk Highway 55 (TH55) by adding aleftturnlanetoDoylePath. TheToward ZeroDeaths TZD) programisleading aworking group forthisproject. 6