04/13/2015 - City Council Public Works CommitteeAGENDA
PUBLIC WORKS COMMITTEE MEETING
WEDNESDAY, APRIL 13, 2015
5:30-7:00 PM
CITY HALL
SECOND FLOOR CONFERENCE ROOM
ADOPT AGENDA
II. MVTA BUS SHELTERS
III. RIGHT-OF-WAY MANAGEMENT - SMALL CELL ANTENNAS, HIGH DENSITY
CORRIDORS & CENTURYLINK APICAL
IV. I&I PROGRAM - SURCHARGE ALTERNATIVE
V. CROSS -CONNECTION CONTROL PLAN
Vi. ADJOURNMENT
Agenda Memo
April 13, 2016 Public Works Committee Meeting
II. MVTA BUS SHELTERS
DIRECTION TO BE CONSIDERED: Provide direction to City staff regarding the development of
standards for the placement of Minnesota Valley Transit Authority (MVTA) bus shelters within
the City of Eagan.
BACKGROUND:
• In the past six months, staff have received requests from MVTA staff and a resident
regarding the placement of a bus shelter near the Walmart driveway on Duckwood Drive.
Council member Hansen has also indicated support for the placement of a bus shelter at
this location. Staff observations have indicated frequent access to MVTA bus service here.
• As part of the City Council's approval of the redevelopment of the former Lockheed Martin
site by CSM, the developer offered to install a bus shelter at the existing bus stop at the
southwest corner of the development site. Staff understood the Council to accept said
offer. Staff expects heightened access to MVTA bus service with the completion of the site.
• There are three transit stations currently in Eagan with structures or shelters; Blackhawk
Park & Ride, Cedar Grove Transit Station, and Eagan Transit Station. All three stations
provide express, or commuter, service and are well used. There are no other bus stops in
the city that provide a shelter strictly for the purpose of the transit service users even
though MVTA has a number of routes that travel throughout the city with multiple stops.
• Eagan Forward and some of the resulting action team discussions have indicated an interest
in an increase in local public transportation opportunities within the City of Eagan.
• In order to provide the City Council with the opportunity to consider the placement of
shelters at bus stops for local MVTA routes, Public Works (Engineering) staff have
researched the practices and policies of local agencies regarding the installation and
maintenance of bus shelters within the public right-of-way.
• MN Statute 473.41 specifically allows Metro Transit to install and maintain bus shelters in
the public right-of-way. Legal counsel for MVTA has indicated that shelters for other transit
agencies would not be covered by this statute. The placement of MVTA bus shelters within
the City of Eagan right-of-way would require City permit approval.
• Maintenance of Metro Transit shelters, including repairs, painting, graffiti removal, snow
removal, ice control, etc., is the responsibility of Metro Transit.
• Based on best practices of the other metro agencies researched, the following suggested
policies and practices for possible MVTA bus shelter installations and maintenance within
public right-of-way in Eagan are offered for consideration:
o Follow design and construction guidelines similar to Metro Transit and Dakota County
for clear zones, shelter structure, access, etc.
Agenda Memo
April 13, 2016 Public Works Committee Meeting
o Require two permits.
■ Work in Right -of -Way for installation (City or Dakota County)
■ Encroachment for maintenance (City)
• Provides for removal, if needed.
• Winter maintenance standards need to be established equal to or greater than
the adjacent public trail/ sidewalk.
o Ensure separate electric meter and billing payment process by MVTA is provided if
electricity is utilized at the shelter.
o Ensure no advertising is provided on the shelter other than MVTA branding and contact
information.
ATTACHMENTS:
• Metro Transit design standards:
http:/Iwww.minneapolismn.govtpublicworks/transpl_anJcomplpublic-works trans -
plan designguidelines
• Winter Maintenance: http:/Iwww.metrotransit.or: /snow -removal- rocedures
• Dakota County Permit and Design Standards
Dakota County Permit and Design Standards - Transit facility Structures
Source: Butch McConnell, Right -of -Way Manager
• Transit Facility Structures may be placed and maintained within the limits of any County right-of-way
by County permit at locations determined in cooperation with the transit provider, with the local
municipality's licensing requirements (if applicable) and in accordance with the 2030 Transportation
Plan. All Installations shall be made in conformity with the permit and all applicable laws, ADA
regulations and other regulations or codes covering said installations and for the protection of the
public. All permissible locations must be at designated transit stops.
• Each bench shall be located on a concrete pad that is four inches thick and placed on top of a four inch
thick class 5 gravel base. The pad must extend one foot beyond the side and back of the bench and
eighteen inches beyond the front of the bench.
• Each shelter location shall be on a concrete pad that is six inches thick and placed on top of a four inch
thick class 5 gravel base. The shelter must be anchored to the concrete base.
• Each transit facility location must connect to an existing sidewalk or trail and have a boarding area
that is six feet by eight feet out to the curb. The facility location surface shall be level with the
boarding area not to exceed more than 2 percent grade to the curb. The surrounding area shall be
graded to allow water to drain off and away from the facility.
• Each transit facility structure must be placed out of the clear zone area of a County highway, sidewalk
or trail. The minimum distance is three feet behind the curb on roadways with a posted speed up to
forty mph and at least ten feet behind the curb when the posted speed is forty-five mph or greater. A
two foot minimum distance is required from a sidewalk or trail.
• The facility owners name and business telephone number must be prominently displayed on the
facility.
• The facility must be maintained by the permittee in a manner that is consistent with the adjacent
sidewalk or trail. It must be easily accessible from the street and sidewalk at all times, structurally
safe, free of graffiti and aesthetically pleasing as determined by the County staff during the entire
term of the permit.
• City licenses are obtained.
• Exceptions to standard designs, as outlined above, require approval by County staff per submittal and
review of detailed design drawings.
Agenda Memo
April 13, 2016 Public Works Committee Meeting
III. RIGHT-OF-WAY MANAGEMENT
SMALL CELL ANTENNAS, HIGH DENSITY CORRIDORS & CENTURYLINK APICAL
DIRECTION TO BE CONSIDERED: Receive updates on current public right-of-way
discussions/activities and provide direction to City staff regarding the preparation of any future
amendments to associated City Code.
BACKGROUND:
• The public right-of-way has been a hub of activity over much of the past twenty years in
Eagan, as well as the rest of the country. The expansion of telecommunications, in both the
number of companies and the use of fiber optics, has contributed greatly to this activity, as
well as the general growth, technological advancement and maintenance needs
experienced by all of the other private utility providers who utilize the public right-of-way
for the distribution of their services.
• The intense utilization of cellular telephones during this same time frame has contributed to
the right-of-way activity in the establishment of the supporting infrastructure and, most
recently, has begun to stretch the previously understood limitations of the use of public
right-of-way.
• On June 30, 2015, the Public Works Committee recommended that a Memorandum of
Understanding between the City and CenturyLink (CL) for the Apical Fiber Project be
considered for favorable Council action with the following conditions: 1) an independent
analysis be completed to ensure adequacy of the CL method of construction and establish
standards for future similar installations that don't degrade or reduce the life of the public
street; 2) City Code 7.06 is updated to address new construction method standards; and 3)
CL provide a $10,000 escrow to be applied toward the cost of the independent analysis.
• On July 7, 2015, the City Council approved the Memorandum of Understanding with
CenturyLink and the City of Eagan related to the installation of fiber optic facilities in the
public right-of-way.
UPDATES:
SMALL CELL ANTENNAS
• On November 30, 2015, City staff received an inquiry from a representative of Mobilitie,
LLC, a telecommunication infrastructure company and registered public utility in the state
of Minnesota, regarding the placement of about twenty 80' tall wooden poles with a
cellular telephone antenna on top within the city's public right-of-way. Staff responded to
the inquiry requesting to work with the representative to better understand their interests
and to work together to establish permitting standards for such an application. Staff has
Agenda Memo
April 13, 2016 Public Works Committee Meeting
not received any additional correspondence from the Mobilitie representative and has not
received a ROW permit application.
• Staff has been communicating with the city attorney's office in expectation that a ROW
permit would be forthcoming. Minnesota Rules Chapter 7819 governs public utilities, and
per definition, would deem Mobilitie to essentially be a utility and the requested pole/
antenna facility to be a tangible asset in the right of way required to provide
telecommunication utility service, so long as Mobilitie has an agreement with a service
provider for the use of Mobilitie's poles and equipment.
• Staff is concerned about this potential type of new facility being located within the public
right-of-way. While aesthetic concerns are not valid regarding the restriction or limitation
of the pole facilities, the attorney's office has indicated support for height limitations
relevant to building setbacks and avoidance of conflicts with existing utilities within the
right-of-way due to the large foundations of the proposed poles.
• Other cities within Dakota County have recently received requests/inquiries regarding
similar poles to heights of 120' from other companies.
• This topic is currently under discussion as part of bill proposals in the legislature. The
League of Minnesota Cities (LMC) is working to have a task force created to consider the
matter and report back to the legislature in the 2017 session. Director Matthys is planning
to request to be included on the task force.
HIGH DENSITY CORRIDORS
• The Public Utility Commission Rule language includes the following definition: High -Density
Corridor — a designated portion of the public right-of-way within which telecommunications
right-of-way users having multiple and competing facilities may be required to build and
install facilities in a common conduit system or other common structure.
• Minneapolis and St. Paul are the only cities within Minnesota that currently have ordinance
language addressing the designation of high-density corridors within the public right-of-
way. To date, Minneapolis is the only city to have utilized the ordinance language (as part
of the METRO Blue Line construction).
• Due to the reasons referenced earlier in this memo, public right-of-way within Eagan is
getting rather crowded in some locations. Public Works staff invited all current private
utility providers within the city to a meeting earlier this year to discuss the development of
ordinance language to establish high-density corridors within Eagan. Staff is sharing
ordinance language from Minneapolis and St. Paul with utility representatives and
coordinating the development of draft language for the Council's future consideration.
CENTURYLINK APICAL
• In August, 2014, CenturyLink undertook a small-scale installation of fiber optics within an
Eagan neighborhood as a trial basis to determine the suitability of the methods and
materials used for installation within a city street in a northern climate.
Agenda Memo
April 13, 2016 Public Works Committee Meeting
• Based upon the analytical results of the previous installation, CenturyLink approached the
City with interest in a city-wide installation of fiber optics within the pavement of city
streets. City staff worked with CL representatives to fully consider the impacts of such a
city-wide installation to ensure the city infrastructure being utilized by private utility
providers would not be negatively impacted or any impact would be offset by the city value
provided. CL installed 1 gigabyte fiber optics service to about 1700 single family properties
in 2015 in pursuit of this endeavor with plans to continue said installations in 2016.
• Per Public Works Committee recommendation and Council approval, staff is still working to
ensure adequacy of the CL method of construction and establish standards for future similar
installations that don't degrade or reduce the life of the public street and update City Code
7.06 to address new construction method standards accordingly.
• Staff presented concerns with some of the 2015 CL installations in February, 2016. In
response to City staff's enquiries, CL had their technical staff, including researchers from
Louisiana Tech University, investigate the concerns.
• CL staff and consultants requested a meeting with Director Matthys last week as a follow up
to the staff enquiries. As part of this meeting, CL provided details regarding the observed
failures in their installations and acknowledged that CL had not complied with the agreed to
design standards. It appears that the failures are related to the change in design and
construction material actually used for the 2015 installations.
• CL has apologized for the design change, is investigating all 2015 installations and repairing
all visible failures. CL is revising the design and will be discussing proposed solutions with
Public Works staff before proceeding with any installations in 2016.
ATTACHMENT:
• Mobilitie Email
Cheryl Stevenson
From: Johnny Acosta <johnny.acosta@mobilitie.com>
Sent: Tuesday, November 03, 2015 11:30 AM
To: Russ Matthys
Subject: Agreement process inquiry with the City of Eagan
Good Morning Russ,
My name is Johnny Acosta, I am with Mobilitie, LLC, a telecommunication infrastructure company and registered public
utility in the state of Minnesota. Mobilitie is interested in placing utility poles in the public rights of way at various
locations in the City of Eagan, each mounted with a small antenna for the improvement of wireless cellular coverage.
Only recently have technological advancements supported the placement of individual small cell antennas on these
poles, which can offer coverage potential comparable to that of large cell towers, but in locations where traditional cell
tower coverage has not been feasible or cost-effective. As a new technology, this equipment expands network coverage,
requires only limited infrastructure to be installed, and doesn't require any ground equipment.
Based on your recent correspondence with a colleague of mine. I understand that a franchise agreement may be
necessary for the project. We are still in the information gathering/planning stages for the project in Minnesota so my
job right now is to confirm whether an agreement is needed and if so, gather information about the City's agreement
process for such ROW telecommunication infrastructure. I would appreciate it if you could please provide me with some
specifics about the steps needed to execute a franchise agreement such as:
• Do you have a template we can obtain for reviewing purposes, or at least a similar agreement entered into with
another utility?
If not, we can provide you with a Mobilitie contract template.
Who is the person of contact regarding the agreement? Specifically, who will I need to be in contact with concerning
negotiations?
• Will the agreement cover both deployment of poles as well as attachment to existing investor owned utility poles and
municipal -owned poles?
Are there any additional agreements required besides the franchise agreement?
Can the agreement be negotiated and executed simultaneous with the permitting process?
The 21 preliminary candidates are located throughout the City, and I will be able to provide a map and approximate
addresses shortly. These locations and pole types can be adjusted slightly depending on the needs of your jurisdiction.
Included below are examples of what these systems will look like when fully installed. Feel free to pass this information
along to any parties on your end and please feel free to reach out to me in the meantime with any questions or
concerns.
Small Cell Example
1jr-ol.-Orw.14c-
sniol
Thank you for your time. I look forward to hearing from you.
Best,
Johnny Acosta
Johnny Acosta I NRE Agreement Specialist
Johnn-;.Acosta `mobilitie.com
120 South Riverside Plaza Chicago, IL 60606
312 638 5340 Tel
www.mobilitie.com
Agenda Memo
April 13, 2016 Public Works Committee Meeting
IV. INFLOW & INFILTRATION (1&1) PROGRAM
SURCHARGE ALTERNATIVE
DIRECTION TO BE CONSIDERED: Provide direction to City staff regarding a possible alternative
to the Inflow & Infiltration (1&1) Program surcharge for future compliance of the remaining non-
compliant properties and preparation of associated City Code revisions (City Code 3.40,
Subdivision 10, Clear Water Discharge Prevention and Prohibition).
BACKGROUND:
• On September 1, 2009, the City Council adopted an amendment to City Ordinance 3.40
regarding the Rules and Regulations relating to Sanitary Sewer Service that requires
compliance with a mandatory inspection program and any related corrective work orders.
• On December 15, 2009, the City Council implemented the Inflow and Infiltration (I&I)
Inspection Program/Policy to eliminate clearwater flow from the sanitary sewer system.
• Part of the amendment, and accordingly the I&I Inspection Program, incorporated a fee
schedule that provided for a surcharge to be placed against utility billing accounts for those
properties that either didn't schedule an inspection or did not complete a resulting
corrective work order within the prescribed time frame.
• The Surcharge Fee is $150 per month for Single Family properties and $500 per month for
all others.
• As of April 7, 2016, the City has levied approximately 2274 surcharges (289 of these being
removed) totaling over $257,950. Several of these surcharges represent multiple months
for the same property. To date, staff has received 137 surcharge appeals (0.74 % of all I&I
inspected properties).
• The I&I Inspection Program has been very successful, ensuring code compliance in 99.9% of
the properties within the city. Out of a total of about 19,740 sanitary service connections,
only 22 non-compliant single family homes remain to be inspected for the I&I program.
• The 22 property owners have refused to comply with the ordinance (either verbally, in
writing, or by ignoring all correspondence).
o Each of the properties has been surcharged significant amounts.
o About half of the properties have been threatened with administrative search warrants.
o The administrative effort to address these final holdouts is getting to be excessive.
• Staff is concerned the mounting surcharges will have a negative effect on the properties
o Excessive tax burden (could push owner to default)
o Owner can't afford the property (could force owner to sell)
o Diminished re -sale appeal (seller can't get the property's value and/or buyers won't
want to take on the additional tax liability)
• Based on the experience of an I&I program implemented in Golden Valley, MN, the
following suggested policy and ordinance language for ensuring I&I Program compliance of
the remaining 22 properties in Eagan are offered for consideration.
Agenda Memo
April 13, 2016 Public Works Committee Meeting
"Point of sale" I&I program has ordinance language that states ..."No person shall sell,
advertise for sale, give or transact a change In title or property ownership of real property
with one (1) or more buildings or structures, without first obtaining a certificate of 1&I
compliance from the City or complying with Subd. 5 hereof." Compliance does not occur
until the sale of the property or transfer of ownership.
Golden Valley's enforcement clause simply states ... If the property transfers without the
completion of the "Point of Sale", the owner (or transferor) and transferee(s), including but
not limited to the purchaser, realtors, closing company(s), and mortgage company, shall be
legally liable (must pay for all costs to become compliant).
Golden Valley shared some lessons they have learned over the past five years.
o Notify local Realtors Association ahead of implementation and offer meetings to discuss
the program. Expect a lot of questions.
o Work with the County to catch those trying to avoid the ordinance (expect some owners
will try to avoid the point of sale inspection).
o Develop a Frequently Asked Questions (FAQ) script to easily answer most questions.
The "point of sale"ordinance language could be applied to other City programs for all, or the
most challenging property owners, depending upon the urgency of the program
compliance. These programs include:
o Meter repair/replacement
o Open building permits
o Property violations
o Cross -Connection Control (?)
ATTACHMENTS:
• Eagan I&I Program History
• Golden Valley Section 3.31 Certificate of Inflow and Infiltration (I&I) Compliance
ordinance (point of sale)
• Golden Valley Section 3.30 Rules and Regulations Relating to Sanitary Sewer Service
• Golden Valley Point of Sale Inspection Application form
CITY OF EAGAN
Inflow and Infiltration (I&I) Mitigation Program/Polio
Adopted December 15, 2009
Background
The Metropolitan Council of Environmental Services (MCES) implemented an Infiltration &
Inflow (I&I) Mitigation and Surcharge Program on February 8, 2006. I&I relates to extraneous
clean water entering the sanitary sewer system through either ground water (Infiltration) or direct
flow (Inflow) such as sump pumps. This excess volume of clean water adds considerable cost to
the overall Metropolitan Disposal System (MDS) for both conveyance and treatment.
As a result of a significant 5" rainfall event that occurred on Oct. 5, 2005, the City of Eagan was
determined to have had an excessive rate of flow to the Seneca Waste Water Treatment Plant
exceeding its peak flow allocation. As a result of this exceedance, the MCES determined that the
City of Eagan was required to spend $1,718,500 over 5 years (—$343,700/yr) to either mitigate
its excessive I&I, or pay that amount to the MCES for its equivalent expansion of the, MDS.
MCES enforced this financial obligation through an annual surcharge program beginning in 2007
and scheduled to end in 2012. If excessive flows continue to occur after that date, the annual
surcharge will likely become a permanent Demand Charge (in an amount yet to be determined).
The City continuously evaluates the public sanitary sewer system (275 miles of pipe, 7,800
manholes and 18 pumping stations) and performs corrective measures as needed. However, to
adequately address the excessive I&I, there is also a need to inspect and mandate corrective work
in the private sanitary sewer system within the community (over 18,800 connections).
Program
The private property inspection program has been commonly referred to as a "Sump Pump and
Service Lateral Inspection Program" (SP&SLIP). Many communities have already implemented
this type of inspection with a related corrective enforcement program which can take up to
multiple years and millions of dollars to complete on a citywide basis. It requires the personal
inspection of a private property's internal sewer plumbing system and service lateral connection
to the City's sewer main (typically in the street or a backyard easement). On September 1, 2009,
the Eagan City Council adopted an amendment to City Code Section 3.40 to add Subdivision 10,
"Clear Water Discharge Prevention and Prohibition" (attached).
This amendment prohibits any type of clear water connections or faulty services that allow
ground water to enter the system. It also requires all notified property owners to schedule an
inspection with the city, or its designated agent(s). This inspection typically takes up to 2 hours
to perform and requires that an adult resident be present at all times. A copy of the inspection
report identifying any non-compliant issues will be left with the resident upon completion of the
inspection. Corrective Work Orders will be sent to the property owner/occupant informing them
of the required corrective work that must be completed within 60 days. Upon satisfactory
completion of the Corrective Work, a Certificate of Compliance will be issued by the City.
If either an inspection is not scheduled, or required corrective work is not completed, within the
required time frames, a monthly surcharge will be added to the property owner's utility bill until
such time as an inspection is performed and/or all corrective work is completed. (See attached
Work Flow Process diagrammatic)
Non-compliant Enforcement Surchan.,es
City Code 3.40 (Rules and regulations relating to sewer service), Subdivision 10 (Clear Water
Discharge Prevention and Prohibition), Paragraph E (Surcharges) provides for monthly
surcharges to be added to the property's utility bill resulting from any cause that results in a lack
of a Compliance Certification being issued. The amount of the I&I Surcharge for non-
compliance will be established by formal Council action and incorporated into the Annual Fee
Schedule. Per the Code, the I&I Surcharge becomes effective for the entire month when the final
notice of Non -Compliance was sent to the property owner/resident and every month thereafter
until such time that a Compliance Certificate has been issued. Nonpayment of delinquent fees
and/or surcharges will be certified to the property's taxes for collection.
Cita Cost Participation
Other communities' experiences have indicated that the majority of corrective work requirements
relate to a simple disconnection and rerouting of a sump pump discharge. However, there have
been situations where foundation drain disconnections and/or service lateral repairs become
more costly. In respect to the cost savings expected to the City's future sewer billings from the
Metropolitan Council, the City Council deemed it justifiable to offer financial participation for
corrective repairs to low and medium density residential properties (R-1,2 & 3). The City will
assume responsibility for 50% of costs incurred by the homeowner for required corrective work
(Permit Fees not included). If the corrective work is not performed under a City issued contract,
the property owner may perform the work personally. While all material costs will be eligible for
reimbursement, only work performed by a licensed plumber and/or pipe -layer contractor pre -
approved by the City will be eligible for City participation. If the property owner elects to
perform the work through a private contractor, the City will issue payment upon receipt of proper
documentation for the City's share, made payable to both the private contractor and property
owner.
City Financing of Propert` Owner costs
The Property Owner may elect to have all, or any part, of their actual costs incurred levied as a
special assessment against the benefitted property spread over 5 years and financed at 4% simple
interest. This will require the execution of the appropriate Waiver of Hearing and Special
Assessment agreement.
APPROVED BY COUNCIL ACTION: December 15, 2009
REVISED- January 19, 2010
3.31 - Certificate of Inflow and Infiltration ("I&I") Compliance - 3.31 ... http://gv-irng.ci.golden-valley.mn.us/Public/PDF/bon4yp55civosv4530...
Section S. 31: Certificate of Inflow and
Infiltration ("I&I") Compliance
Subdivision I. Required
No person shall sell, advertise for sale, give or transact a change in title or property
ownership of real property with one (1) or more buildings or structures, without
first obtaining a certificate of I&I compliance from the City or complying with Subd.
5 hereof.
Source: Ordinance No. 370, 2nd Series
Effective Date: 5-25-07
Subdivision 2. Application and f=ees
A. Unless the property owner already has a certificate of I&I compliance for a
property, the owner or owner's representative is required to apply for a
certificate and complete an inspection thereof before such property is offered
for sale, gifted or transferred, and before the owner or owner's
representative enters into any contract for deed or other transaction
changing the party responsible for the property. Even if the property owner
already has a certificate of I&I compliance, if it is more than one (1) year old,
a sump pump inspection is required for all properties containing stamp
pumps.
Source: Ordinance No. 445, 2nd Series
Effective Daft. 08-29-08
B. At the time of application, the applicant for either a certificate of I&I
compliance or a sump pump inspection shall pay the appropriate application
fee. Such fees shall be set from time to time by the City.
Source: Ordinance No. 370, 2nd Series
Ef -ctive Date: 5-25-07
Subdivision 3. Inspection
The applicant for a certificate of I&I compliance or sump pump. inspection is
responsible for providing an inspection of the property after making application and
payment of fees. An inspection shall be made either 1) by the City or 2) by a
licensed plumber to determine whether the property use is in accordance with City
sanitary sewer service regulations, as provided in Section 3.30 of this Chapter. The
entire property and all buildings on the property shall be made available for
inspection.
Golden Valley City Code
Source: Ordinance No. 40S, 2nd Series
Effective Late: 0S-23-08
Page 1 of .3
I of 3 4/10/2013 6:20 AM
3.31 - Certificate of Inflow and Infiltration ("I&I") Compliance - 3.31
Subdivision 4. Compliance and (Expiration
http:llgv-iTng.ci.golden-valley.mn.us/Publ i cf PDF/bon4yp55ci vosv4530...
§ 3.31
A. Upon inspection, when the property use is in accordance with City sanitary
sewer services regulations, a certificate'of I&I compliance will be issued
by the City.
Source. Ordinance No. 370, 2nd Series
Ef ecUve bate: 5-25-07
B. A Certificate of I&I compliance Is valid to be used -for the transfer of property.
C. The certificate of I&I compliance must be conspicuously displayed on the
premises at all times when the property is being shown for sale and the
owner is responsible for Informing any potential buyers, gift recipients or
other persons to whom he or she intends to transfer title as to his receipt of
the certificate of I&I compliance.
D. If, within one (1) year of the issue of a certificate of I&I compliance, the
owner named on the certificate of I&I compliance does not agree to an
inspection of the structure's sump pump, footing or foundation drain
discharge, or furnish a certificate from a licensed plumber in a form
acceptable to the City as described in Section 3.30, subd. 3, sections (B) and
(C), certifying that the property is in compliance with this Chapter, when
required by Section 3.30, subd. 3(B) of this Chapter, the certificate is
immediately void. Such inspections trigger the administrative sanctions found
in Section 3.30, subd. 3 of this Chapter.
Source: Ordinance No. 40$, grid Serres
Effective Date: 08-29-08
Subdivision S. Correction Notice
If an inspection discloses that use of a property is not in accordance with City
sanitary sewer service regulations, a correction notice may be issued by the City
permitting the transfer of properly, providing;
A. An agreement by the owner or owner's representative has been executed
with the City, whereby the owner or owner's representative agrees to
complete corrections to the property necessary to bring it within compliance
of the City sanitary sewer service regulations, Section 3.30 of this Chapter
within sixty (60) days of the transfer'of property.
B. A security to ensure completion of any corrections to the property must be
posted with the closing agent in the form of an escrow, or with the City when
a closing agent is not -involved, at the time of property transfer or closing.
The security shall be in an amount at least equal to one hundred twenty-five
percent (125%) of the retail value of the work necessary for. compliance with
this Section. The escrow must be fully maintained until a certificate of I&I
compliance is issued. A correction notice shall not be issued for more than
one hundred eighty (180) days following the first inspection of the property,
Golden (/alley City Code
Page 2 of 3
2 of 4/10/2013 6:20 AM
3.31 - Certificate of Inflow and Infiltration ("I&I") Compliance - 3.31 ... http /lav-img.ci.,olden-valley.mn,us/Public/PDF./bon4yp55civosv4530...
$ 3.31
but it may be extended for additional periods up to one hundred eighty (180)
days each by the City Manager's designee.
The owner (or transferor) and any real estate agents involved in the transaction are
responsible for disclosing the correction notice to the transferee and all other
persons or entities involved in the transaction. The responsibility for repairing any
nonconformance with the sanitary sewer service regulations runs with the land and
not only rests with the owner or transferor butisalso an obligation of the
transferee(s) of the property,
Source: Ordinance No. 370, 2nd Series
Effecilve Date: 5-25-07
Subdivision 6. Sanctions
At all times during the certification process, the owner is responsible for any
sanctions or surcharges under Section 3.30, subd. 4 of this Chapter.
Source: Ordinance No. 3S1, 2nd Series
Efi'ective Date: 30-13-06
Subdivision y. !Repeated Inspection
Upon inspection, when the property use is not legal in accordance with City sanitary
sewer service regulations, the owner shall.be entitled to a second inspection to be
scheduled within ninety (90) days of the original inspection. If, as a result of this
inspection, the Gty inspector determines (or a licensed plumber certifies and the
certified videotape is determined by the City to be compliant) that all violations of
City sanitary sewer regulations have been corrected, the City shelf immediately
issue a certificate of IN compliance.
Source: Ordinance No. 405, 2nd Series
Effective Date: 08-29-08
Subdivision S. Previously issued Certificates
Certificates of sewer regulations compliance issued tinder prior laws between
January 1, 2007 and May 31, 2007 shall have the same force and effect as
certificates of x&I compliance issued under this section 3.31. Temporary, certificates
of sewer regulations compliance issued under prior laws between January 1, 2007
and May 31, 2007 shall have the same force and effect as provided under prior
laws.
Source: Ordinance No. 370, 2nd Series
EfiecNve Date: 5-25-07
Golden Valley City Code
Page 3 of 3
3 of 3 4/10/2013 6.20 AM
3.30 -Rules and Regulations Relating to Sanitary Sewer Service - 3.30... http://gv-img.ci.golden-val ley.mn,us/Public/PDF/i 1 vfad552qu2wO45si...
§ 3.30
Section 3.30: Rules and Regulations Relating to
Sanitary Seaver Service
The following apply only to sanitary sewer service.
Subdivision 1. Metered Water Not Discharged
If a portion of the water furnished to any premises is consumed and not directly or
Indirectly discharged into the sanitary sewer system, the consumer may request a
separate water meter for the portion of the water consumed and not discharged in
the sanitary sewer. There shall be no sanitary sewer charges associated with the
water meter account for water consumed but not discharged to the sanitary sewer
system.
Subdivision Z. Deleterious Substances
Metropolitan Council Environmental Services standards shall control disposal of
types of substances discharged,
Source: Ordinarme No. 351, and Series
SfeWve Dade: 10-23-06
Subdivision 3. Unlawful Discharge
Except as otherwise expressly authorized in this subdivision, no water from any roof
surface, sump pump, footing tile or drains, swimming pool, any other natural
precipitation or groundwater, cooling water or industrial process shall! be discharged
into the sanitary sewer system or infiltrate into the sanitary sewer system as a
result of defective plumbing or a defective lateral sewer service. Dwellings,
buildings and structures with sump pumps or footing tiles or drains shall have a
permanently installed discharge line which shall not at any time discharge water
into the sanitary sewer system, except as provided herein. A permanent installation
shall be one which provides for year-round discharge capability to either the outside
of the dwelling, building or structure, or is connected to a city storm sewer or
draintile. It shall consist of a rigid discharge line without valving or quick
connections for altering the path of discharge or a system otherwise approved by
the Director of Public Works.
A. Any person, firm or corporation having a roof surface, ground water sump
pump, footing tile or drain, swimming pool, cooling water or unpolluted
industrial process water now connected and/or discharging into the sanitary
sewer system shall disconnect or remove the same. Any disconnects
openings, or defects in the sanitary sewer system shall be closed or repaired
in an effective, workmanlike manner with the proper permits and Inspected
by a representative of the City. If a City draintile or storm sewer system is
available to the property these discharges may be connected to it. If -a public
system is not utilized, these discharges must be accommodated on the
owner's property.
B. Any property owner or consumer applying for a plumbing permit (excluding
permits for water heaters), variance, minor subdivision or other action from
the City shall agree to an inspection of the structure's sump pump, footing or
foundation drain discharge for compliance with this code. All inspections and
Golden Valley City Code
Page I of 5
1 of 5 4/10/2013 7:53 AM
3.30 - Rules and Regulations Relating to Sanitary Sewer Service - 3.30... http-Hgv-imf!'ci.,olden-valley.mn.us/Public/PDF/i 1 vfad552qu2w045si...
§ 3.30
inspection reports must include a date-stamped video record of the complete
lateral line from the property to sewer main. All Inspections must be
performed and reports completed In accordance with City standards and
specifications. In lieu of having the City inspect the property, the owner may
furnish a certificate from a licensed plumber in a form acceptable to the City,
certifying that the inside of the property owner's home, or other buildings)
on the property, is (are) is in compliance with this Chapter, that the licensed
plumber completing the certification was the individual who performed the
inspection, that he or she is licensed to perform such inspections, and that
the videotape of the lateral line is accurate. The date-stamped video record
shall be submitted to the City and reviewed and approved by the City for
assessment of compliance with this section of the Code. Requested actions
shall not be forwarded to City boards or commissions or the City Council for
review until the discharges are in full compliance with this section of City
Code.
C. Every person owning real estate to which sanitary sewer service Is provided
shall allow the City or a designated representative of the City to inspect the
buildings, if any, to confirm there is no sump pump or other prohibited
discharge Into the sanitary sewer system. In lieu of having the City inspect
such property, the owner may no later than thirty (30) days after mailed
written notice from the City that the property is subject to inspection, furnish
a certificate from a licensed plumber in a form acceptable to the City, -
certifying that the property is in compliance with this Chapter. All inspections
and inspection reports must include a date-stamped video record of the
complete lateral line from the property to the sewer main. All Inspections
must be performed and reports completed in accordance with City standards
and specifications. In lieu of having the City inspect the property, the owner
may furnish a certificate from a licensed plumber in a form acceptable to the
City, certifying that the inside of the property owner's.home is in compliance
with this Chapter, that the licensed plumber completing the certification was
the individual who performed the inspection, that he or she is licensed to
perform such inspections, and that the video record of the lateral line is
accurate. The date-stamped video record shall be submitted to the City and
reviewed and approved by the City for assessment of compliance with this
section of the Code. The City may inspect or re -Inspect any buildings to
confirm there is no sump pump or other prohibited discharge into the
sanitary sewer system with a valid warrant.
Source: Ordinance No. 405, 2nd Serres
Effective Date: 06-29-08
D. All new structures with sumps for which a building permit is Issued shall be
plumbed to the outside of the dwelling, and connected to a City draintlle or
storm sewer system, if available, before a certificate of occupancy is issued
except that upon City approval discharge may be made to privately or
publicly -owned infiltration basins. A maintenance agreement with the City is
required for any such basin in the right-of-way.
Golden Valley City Code
Source: Ordinance No. 354, 2nd Series
Effective date: 12-15-06
Page a of 5
2 of 4/10/2013 7:53 AM
330 - Mules and Regulations Relating to Sanitary Sewer Service - 3.30... http://gv-iug&ci.golden-valley.mn.us/Public/PDF/i 1vfad552qu2w045si
§ 3.30
E. Any property with a sump pump found not in compliance with this Code but
subsequently verified as compliant shall be subject to an annual re -inspection
to confirm continued compliance. If that property is found not to be in
compliance upon re -inspection, or any person refusing to allow their property
to be re -inspected within thirty (30) days after receipt of mailed written
notice from the City, or failing to furnish a certificate certifying compliance
with this Chapter from a licensed plumber in a form acceptable to the City as
described in subdivision 3, sections (13) and (C), that property shall be
subject to a nonrefundable surcharge of five hundred ($500) dollars per
month, to be imposed on each sewer bill thereafter to that property until the
noncompliance or refusal to allow entry Is corrected. All properties found
during any re -inspection to have violated this section shall be subject to a
nonrefundable monthly surcharge that is double the previously charged
surcharge. The nonrefundable surcharge for all properties which are not
single family residential shall be one thousand ($1,000) dollars per month.
F. In the event a foundation drain is connected to the sanitary sewer service It
shall not only be disconnected but the property owner shall install a sump
basket and pump properly discharged outside the structure to provide "
adequate drainage from the foundation drain system.
Source: Ordinance No. 405, 2nd Series
EffecHve Date: 08-29-08
Subdivision 4, Winter Discharge
The Director of Public Works is authorized to permit a property owner to discharge
clear water Into the sanitary sewer system. Prior to issuance of the permit the
Director of Public Works must verify that the criteria to issue the permit have been
satisfied. The fee for this permit shall be in an amount to be fixed by the Council
and adopted by ordinance. The permit shall authorize such discharge only from
November 15 to March 15, shall require the owner to permit an inspection of the
property on March 16 or as soon thereafter as possible to determine that discharge
into the sanitary sewer has been discontinued and shall subject the owner to a five
hundred ($500) dollar monthly non-refundable surcharge in the event the owner
refuses an inspection or has failed to discontinue the discharge into the sanitary
sewer. The non-refundable charge will commence with the April water billing and
continue until the property owner establishes compliance with this section. A
property owner is required to meet at least one (1) of the following criteria in order
to obtain a permit:
A. The freezing of the discharge from the sump pump, footing or foundation
drain is causing a dangerous condition, such as Ice buildup or flooding, on
either public or private property.
B. The property owner has demonstrated that there is a danger that the sump
pump, footing or foundation drain pipes will freeze up and result in either
failure or damage to the sump pump unit or the footing or foundation drain
and cause basement flooding.
C. The water being discharged from the sump pump, footing or foundation drain
cannot be readily discharged into a city draintile or storm sewer system or
other acceptable drainage system.
Golden Palley City Code Page 3 of 5
3 of 5 4/10/2013 7:53 AM
3.30 - Rules and Regulations Relating to Sanitary Sewer Service - 3.30... http://gv-ime.ei.golden-valle.y.mn.us/Public/PDFIi Ivfad552qu2w045si...
§ 3.30
Following ten (10) days written notice and an Opportunity to be heard, the Director
of Public Works may require the owners of the property to discharge their sump
pump or footing or foundation drain into the sanitary sewer from November 15 to
March 15 if the discharge is causing an icy condition on streets.
Subdivision 5. Separate Connections
A separate sewer service connection shall be provided for each building, except
where one (1) building stands at the rear of another on an interior lot and no such
separate connection is available, provided that more than one (1) service may
connected to the sewer system through one (1) connection where a manhole its
provided and the City has specifically approved the arrangement.
Source: Ordinance No. 352, 2nd Series
Effective Daae: 10-13-06
Subdivision 6. Materials
Where any pipe or other material is found in repairing a sewer service which does
not then meet the requirements of the State Building Code or current City
standards and specifications, the repaired or replaced portion of the sewer service
pipe shall comply with current City standards and codes and shall be removed and
replaced at the expense of the consumer.
Source: Ordinance No. 354, 2nd Series
Fffiec7ve Date: 12-15-06
Subdivision 7. IEievabon
Wherever possible, the sewer service shall be brought to the building to be served
at an elevation below the floor of the lowest level in the building. No such service
shall be laid parallel to or within three (3) feet of any bearing wall. The depth shall
be sufficient to afford protection from frost. To the extent possible, the sewer
service shall be laid at uniform grade and in straight alignment. If the service is too
low to afford gravity flow, an appropriate device shall be installed for lifting sewage
to the service.
Subdivision 8. Connexons
Wherever possible, the sewer service shall be connected to the Wye provided or the
stub at the lot line. If such connection cannot be used, the main may be tapped
upon the approval of the City and at the expense of the owner. All connections
must be constructed in accordance with the current City standards, be
appropriately permitted, and be inspected by the City.
Subdivision 9. Ownership of Sewer Service lateral
The property owner shall own and be responsible for the maintenance of the
sanitary sewer service lateral between the sanitary sewer main within the street
and the building being served, including the connection to the main.
Subdivision 10. Unmetered Water Supply
The discharge of sewage into the sewer system from water sources other than the
City's water supply is prohibited without a permit from the City and shall include
metering of the water supply or discharge. The metered supply or discharge must
use meters purchased from the City.
Golden Valley City Code
Page 4 of 5
4 of 5 4/1 W2013 7:53 AM
330 - Rules and Regulations Relating to Sanitary Sewer Service - 3.30... http://gv-imalci.,,-olden-valley.mn.us/Public/PDF/i I vf4d552qu2w045si...
Subdivision 11. Additional Rules and Regulations § 3.30
The Council may, by resolution, adopt such additional rules and regulations relating
to placement, size and type of equipment as it, in its discretion, deems necessary
or desirable. Copies of such additional rules and regulations shall be kept on file in
the office of the Director of Public Works, and uniformly enforced.
Golden Valley City Code
Souxe. Ordinance No. 351, 2nd Series
t:f bcd -_ Date: 20-13-06
Page 5 of 5
5 of 4/10/2013 7:53 AM
City Public Works Department
of 7800 Golden Valley Road
Golden Valley, MN 55427-4588
763-593-8030 / 763-593-3988 (fax)
olden V(a,.Iey TTY: 763-593-3968
www.ci.goiden-valley.mn.us
Before any property is offered for sale or transferred, the City must complete a Point of Sale Inflow and Infiltration (1/1) Inspec-
tion and issue a Certificate of Compliance. Any improper connections or significant defects in the sanitary sewer service pipe
must be corrected before a Certificate of 1/1 Compliance is issued. Once a property has a Certificate of 1/1 Compliance, sub-
sequent sales or title transfers will require an inspection of the sump pump discharge only. Failure to obtain a Certificate of
1/1 Compliance is a misdemeanor and may result in additional monthly charges on the customer's utility bill ($500 residential,
$1,000 non-residential) and possible disconnection of water service.
Property Owner: Address: _
(Please Print)
City: State: Zip: E-mail:
Daytime Phone: U Cell Phone: Fax:
Property Owner's Representative: Address:
City: State: Zip: Phone:
Property Address/Location:
Applicant's Signature: Printed Name: Date:
Note: Inspection fee ($200 residential, $750 commercial) due at time of application. It may take a minimum of
five business days to review applications and establish inspection appointment.
Application Date:
Inspection Fee: 0 Residential - $200 i7l Commercial - $750 17 Sump Pump only - $75
Application Complete: O Yes Q No Fee Paid: C1 Yes 0 No
Permit: Q Approved D Denied
Q Compliant C11 Non-compliant
Notes:
6/11/07
Total: $
Utilities Maintenance Supervisor or other authorized staff Date
This document is available in alternate formats upon a 72 -hour request. Please call
763-593-8006 (TTY: 763-593-3968) to make a request. Examples of alternate formats
may include large print, electronic, Braille, audiocassette, etc.
Agenda Memo
April 13, 2016 Public Works Committee Meeting
V. CROSS -CONNECTION CONTROL PLAN
DIRECTION TO BE CONSIDERED: Provide direction to City staff regarding the development of a
Cross -Connection Control Plan and preparation of associated City Code revisions.
BACKGROUND:
• All public water systems are subject to potential losses or increases of pressure. When
system pressure changes rapidly (e.g. water main break, water hammers, fire hydrant use,
etc.), the flow of water in nearby buildings has the potential to reverse with water leaving
the buildings and returning to the public system. Contamination of the public potable water
supply is possible due to unprotected plumbing connections, or cross -connections, within
buildings without backflow prevention.
• Plumbing cross -connections, defined as actual or potential connections between a potable
and non -potable water supply, constitute a serious public health hazard. There are
numerous, well documented cases where cross connections have been responsible for
contamination of drinking water, and have resulted in the spread of disease. The problem is
a dynamic one because piping systems are continually being installed, altered, or extended;
many times without regulator knowledge.
• As of July 1, 2011, Minnesota Department of Health (MDH) engineers began working with
Community Public Water Systems (CPWSs), in response to adopted rules to establish a
cross -connection control program, to actively develop and maintain programs to address
high hazard cross connections and monitor known testable type backflow preventers. The
City of Eagan had begun a monitoring program in June of 2002 (with the first backflow
preventer rebuild permit).
• MDH defines two types of connections in the cross -connection program; "high -hazard" and
"low -hazard." High -hazard type connections require a reduced pressure zone (RPZ)
backflow preventer or an air gap to meet the Minnesota Plumbing Code.
• As stated, Eagan Public Works Department (Utilities) has a cross -connection monitoring
program in place, however the following deficiencies have been identified.
o Minimal staff time has been dedicated to the program.
o Compliance data submitted from plumbers is NOT well understood. Assumptions are:
■ All plumbers that submit inspection forms are qualified.
■ Data submitted is applicable, complete, and accurate.
o Because the compliance data is NOT well understood, it is not reviewed or tracked; staff
merely acknowledges that an inspection form was received.
o The number of tracked back-flow prevention devices has been declining for a number of
years (not due to an actual decline in the number of devices).
■ Although a deadline is communicated, staff does not follow up.
■ If owner/plumber does not submit an inspection report after a few years, it appears
the device is no longer tracked.
■ Utilities does not have a clear idea of where all the devices are located in the city.
Agenda Memo
April 13, 2016 Public Works Committee Meeting
o Utilities and Buildings Inspection staff have not always communicated when new
devices are placed or when old devices are removed.
o When a device is required to be rebuilt, a permit is required to be pulled, however city
staff does not inspect a rebuilt device.
o The cost of this monitoring program is accounted for in the utility rate (i.e. cost is buried
in general utility cost).
o Fire systems are being inspected or monitored by the Fire Marshall, typically with an
observation of the device and acknowledgement that an inspection form was received.
• As of January 2016, a Plumbing Code update requires that a majority of backflow devices be
inspected and maintained annually. This code revision includes commercial and residential
devices. Plumbing Code 603.5.23 states the "testable backflow prevention assemblies
meeting ASSE standards... shall be tested and maintained annually." Plumbing Code 603.4.3
states access and clearance shall be provided for the required testing, maintenance and
repair.
• Due to the Plumbing Code revisions and the City's challenges in meeting its current
program, changes to the implementation of the City's cross -connection or backflow
prevention monitoring program should be considered.
• Suggested modified program objectives for Plumbing Code compliance include:
o Develop comprehensive Cross -Connection Control Plan
o Inspect water customers for cross -connections or potential cross -connections
o Maintain cross -connection control records
o Notify customers of violations and corrective action instructions
o Track water customer non-compliance status
o Public education
• Program inspections may consist of entering a facility and inspecting from the point where
water service enters the facility (usually at meter) and tracing the piping to each end point
of use. Using standardized inspection forms, the inspector should identify and note the
location and nature of any direct and potential cross connections, location and details of
backflow prevention devices and assemblies, and other pertinent program information.
• If an inspector is refused proper access or if customer plumbing is untraceable, the City may
assume a cross connection is present and may require necessary action to ensure the public
water supply is protected.
• The highest priority for inspections would be placed on facilities that pose a high degree of
hazard, that have a high probability that backflow will occur, or are known/suspected to
have cross connections.
• Once initial inspections are complete, a re -inspection frequency may be determined for
each account based on the degree of hazard/risk and potential for backflow in accordance
with the requirements of the City's Cross -Connection Control Plan.
• The most critical element of a Cross -Connection Control Program is data integrity. Without
accurate data, the Cross -Connection Control program may experience customer service,
administrative, and reporting issues and also result in field survey inefficiencies.
• Public education of cross -connection control should be provided to the community at the
onset of a program and throughout the implementation.
Agenda Memo
April 13, 2016 Public Works Committee Meeting
• A possible 5 -year Cross -Connection Control Plan implementation schedule follows:
o Year 1
✓ Establish a Cross -Connection Control Plan
✓ Improve communication between City departments and divisions
✓ Setup and initiate cross -connection control data recording
✓ Perform initial cross -connection inspections of the first third of 680 commercial/
industrial properties
✓ Work with non-compliant customers to reach compliance
✓ Provide cross -connection control educational materials for public distribution
o Year 2
✓ Perform initial cross -connection inspections of the second third of 680 commercial/
industrial properties
✓ Maintain cross -connection control data recording and continue working with non-
compliant customers to reach compliance
✓ Begin planning for broadening the program to include new residential properties;
this includes public notification of impending program expansion
o Year 3
✓ Perform initial cross -connection inspections of the last third of 680 commercial/
industrial properties
✓ Maintain cross -connection control data recording and continue working with non-
compliant customers to reach compliance
✓ Begin public notification of impending program expansion to include new residential
properties
o Year 4
✓ Begin cross -connection re -inspections of specified properties
✓ Begin cross -connection inspection of new residential properties
✓ Maintain cross -connection control data recording and continue working with non-
compliant customers to reach compliance
o Year 5
✓ Continue cross -connection re -inspections of specified properties
✓ Continue cross -connection inspection of new residential properties
✓ Maintain cross -connection control data recording and continue working with non-
compliant customers to reach compliance
The cost of the first three years is estimated to be $120,000 ($40,000 per year or $3,334 per
month) with the use of a contractor to operate the program. The contractor would provide
cross -connection control consultation and recommendations to the City.
• With the implementation of a Cross -Connection Control Plan, it is anticipated that the City
Council would need to adopt an amendment to the City Ordinance regarding the Rules and
Regulations relating to Water Service that would require compliance with a mandatory
inspection program, any related corrective work orders and establish necessary
enforcement measures. This may be similar to the City's Inflow and Infiltration (I&I) and
Water Meter Inspection Programs/Policies.
Agenda Memo
April 13, 2016 Public Works Committee Meeting
• As part of an ordinance amendment, similar to the I&I and Water Meter Inspection
Programs, a fee schedule may be incorporated that provides for a surcharge to be placed
against utility billing accounts for those properties that either don't schedule an inspection
or don't complete a resulting corrective work order within the prescribed time frame. The
I&I and Water Meter Surcharge Fee is $500 per month for all non-residential properties and
$150 per month for all non -high density residences.
• Discussion and direction by the Public Works Committee is requested on the following items
of this program:
o Cross -Connection Control Plan development
o Ordinance development (compliance requirements/ remedies, penalties)
o Public information/ education programs
o Funding sources (surcharges, fees, City funds)
o Inspection and compliance staffing