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2019.02.05 Council Meeting Packet 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: Feb. 1, 2019 City Council Meeting Schedule Tuesday, Feb. 5, 2019 Time Type of meeting Location 6:30 p.m. First City Council work session to discuss: • Winpark Drive reconstruction project and JPA with New Hope update. • Surface water management plan. Conference Room A 7 p.m. City Council meeting Council Chambers Immediately following the City Council meeting Second City Council work session to discuss: • MPCA 0% loan for storm water project at Becker Park. • Constituent issues update. • New business. • Announcements. Conference Room A Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: Feb. 1, 2019 City Council First Work Session Agenda Feb. 5, 2019 6:30 p.m. Conference Room A Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the first work session of the Crystal City Council was held at ______ p.m. on Feb. 5, 2019 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. I. Attendance Council Members Staff ____ Budziszewski ____ Norris ____ Deshler ____ Therres ____ Kiser ____ Gilchrist ____ LaRoche ____ Revering ____ Parsons ____ ____ Adams ____ Serres ____ Banks II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Winpark Drive reconstruction project and JPA with New Hope update. 2. Surface water management plan. 3. Constituent issues update. 4. New business.* 5. Announcements.* III. Adjournment The work session adjourned at ______ p.m. Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531- 1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. Memorandum DATE: February 5, 2019 TO: City Council FROM: Mark Ray, PE, Director of Public Works SUBJECT: New Hope Joint Powers Agreement for Winpark Drive Reconstruction Background At the September 4th, 2018 Council Work session the Council received an update on New Hope’s proposed street reconstruction project on Winpark Drive in 2019. A very small amount of Winpark Drive is within the City of Crystal. Similar to Crystal Street Reconstruction projects which involved portions of New Hope streets, New Hope will be the project lead and Crystal will just reimburse New Hope for the work that occur within Crystal City Limits, plus an administration fee. Previous Joint Powers Agreements between Crystal and New Hope were used as the template for this agreement. The engineers estimate for Crystal’s share (including administrative costs) is $151,569.00. This project was a planned project and has been budgeted for in the Street Maintenance Fund ($225,000 is allocated). There will be no special assessments for this project. New Hope opened the bids on January 31, 2019. However the tabulation was not completed by the time this memo was due. The cost to Crystal will be known and provided at the work session. Attachment • Proposed joint powers agreement Recommended Action • Awarding the project and approving this JPA will be going before New Hope’s Council on Monday, February 4th. It is requested that Crystal Council give an informal consent at this work session. The item will be formally brought before the Council February 19th. 2019 – WINPARK DRIVE INFRASTRUCTURE IMPROVEMENTS PROJECT NEW HOPE - CRYSTAL JOINT POWERS AGREEMENT THIS JOINT POWERS AGREEMENT (“Agreement”) is made and entered into effective as of the _____day of ___________, 2019, by and between the City of New Hope, a municipal corporation under the laws of the State of Minnesota (“New Hope”), and the City of Crystal, a municipal corporation under the laws of the State of Minnesota (“Crystal”), collectively referred to as the “Cities” and individually as a “City.” RECITALS A. The Cities have been planning on coordinating street maintenance work on Winpark Drive between Winnetka Avenue and 32nd Avenue North, which shares a common boundary between the Cities. B. Winpark Drive is due for a full reconstruction. C. The Cities desire to work jointly to complete the contracted street and utility reconstruction project on Winpark Drive between Winnetka Avenue and 32nd Avenue North (collectively, the “Work” or “Project”). D. Minnesota Statutes, section 471.59 authorizes two or more governmental units to enter into agreements to jointly or cooperatively exercise any power common to the contracting parties or any similar power. E. The scope of the W ork has been negotiated between the Cities and has been incorporated into the plan set entitled “2019 Winpark Drive Infrastructure Improvements – New Hope City Project No. 1019” as prepared by New Hope (the “Scope of Work”). F. New Hope has worked with its consulting engineer to develop the plans and specifications for the Work (“Plans and Specifications”). G. New Hope has prepared a post bid cost estimate for the Project which estimate shows the total project cost to Crystal, including indirect costs, as detailed in Exhibit A, attached hereto and made a part hereof (“Post Bid Project Cost Estimate”). The total cost of the portion of the Project located within the corporate limits of Crystal (including the Administrative Costs as hereinafter defined), and for which Crystal is responsible for paying, is estimated at ENGINEERS ESTIMATE: One Hundred Fifty- One Thousand, Five Hundred and Sixty-Nine Dollars and Zero Cents ($151,569). The actual amount Crystal will be required to pay for its portion of the Project will be based on the Quantity Price as hereinafter defined. H. Crystal has reviewed and approved the Scope of Work and agreed to pay the cost of the W ork within the corporate limits of Crystal. 2 I. New Hope has agreed to pay the cost of the Work within the corporate limits of New Hope and to administer and supervise the Work in accordance with the Scope of Work and the Plans and Specifications. AGREEMENT In consideration of the mutual undertakings and understandings expressed herein, the Cities hereby agree as follows: 1. Design and Bidding. The Plans and Specifications, as they may be amended from time to time, are incorporated in and made part of this Agreement. New Hope has advertised for bids for the Project, has received and opened bids pursuant to said advertisement and has entered into, or will enter into, one or more contracts with the successful bidder (“Contractor”) at the unit prices specified in the bid of such Contractor, all according to the applicable procedures under Minnesota law. The contract will include the Plans and Specifications and reflect the Scope of Work. New Hope shall require the Contractor to name Crystal as an additional insured on its commercial general liability insurance policy. 2. Project Administration. New Hope shall administer all aspects of the Project and shall inspect all completed Work. The Crystal City Engineer shall cooperate with the New Hope City Engineer and the New Hope City Engineer’s staff upon request to aid in the administration of the Project, but shall have no responsibility for the supervision of any of the Work. 3. Additional Work. New Hope may, in its sole discretion, make changes to the Scope of Work so long as all changes are reasonably necessary to complete the Work and are conceptually consistent with the original Scope of Work. New Hope may carry out the changes authorized by this paragraph by entering into change orders or supplemental agreements with the Contractor for the performance of any and all additional or new work it deems necessary, advantageous, or desirable. If a proposed change exceeds the original Scope of Work jointly contemplated by the Cities, New Hope shall not make the change unless it is first approved by the Crystal City Engineer. 4. Construction Easements. Crystal shall grant temporary construction easements to New Hope, at no cost to New Hope, over those lands owned by Crystal that are a part of the right-of-way required for the completion of the Work. 5. Apportionment of Cost. The total cost of the Work (“Quantity Price”) shall be apportioned based on the actual construction quantity of items attributable to the portion of the Work occurring in each City. The Cities understand and agree that the New Hope City Engineer’s Post Bid Project Cost Estimate is only an estimate and that the amount paid by each under this Agreement will be based on the final Quantity Price. The Quantity Price shall be determined using the unit prices set forth in the contract with the Contractor and the final quantities as measured by the New 3 Hope City Engineer. The Quantity Price does not include any costs associated with staff time or expenses incurred by either City. Crystal shall also pay an additional amount equal to 20% of its share of the Quantity Price to New Hope (“Administrative Costs”) to pay its share of the legal, engineering, and administrative costs incurred by New Hope for the Project. 6. Payment. Upon acceptance of the successful bid, New Hope shall provide Crystal an estimated construction cost based upon the contract prices and estimated quantities in the Contractor’s bid, the Administrative Costs, and all other costs required to complete the Work (collectively, the “Estimated Cost”). Within 60 days after receipt of the Estimated Cost, Crystal shall deposit with the New Hope Director of Finance 90% of Crystal’s share of the Estimated Cost. All remaining amounts due from Crystal, including any amounts resulting from change orders or other changes or additions to the Work shall be paid to New Hope within 60 days of final completion of the Work. Upon completion of the Work, New Hope shall submit to Crystal a copy of the New Hope City Engineer’s Quantity Price report, which shall show each City’s final share of the Quantity Price, including the amount of Administrative Costs owed by Crystal. Upon payment by New Hope of the final amount due to the Contractor, any amount payed by Crystal above its agreed upon share of the Quantity Price shall be returned to Crystal. 7. Record Drawings. New Hope shall provide record drawings to Crystal within 90 days of New Hope’s final payment to the Contractor. All records kept by either City with respect to this Agreement shall be subject to examination by the representatives of the other City and the public in accordance with the Minnesota Government Data Practices Act. 8. Traffic Control. If detouring of traffic is necessary during the Work, the detour routes shall be mutually agreed upon by the Cities. New Hope will require the Contractor to furnish, install, and maintain any guide signs, regulatory signs, and pavement markings that may be needed. New Hope shall not be responsible for any damage caused by increased traffic on any municipal streets located in Crystal that arise out of or relate to the Work. 9. Cooperative Activity. To the fullest extent permitted by law, all activities by the Cities under this Agreement are intended to be and shall be construed as a “cooperative activity,” and it is the intent of the Cities that they shall be deemed a “single governmental unit” for the purposes of determining total liability, as set forth in Minnesota Statutes, section 471.59, subd. 1a. Nothing in this Agreement is intended to alter, or shall be interpreted as altering, the treatment of the Cities as a single governmental unit. For purposes of Minnesota Statutes, section 471.59, subdivision 1a, each City expressly declines responsibility for the acts or omissions of the other City. 10. Insurance & Indemnity. The Cities shall carry policies of liability insurance in at least the amounts specified as the extent of their individual liability under Minnesota 4 Statutes, section 466.04, as amended. Nothing herein shall be deemed to waive any statutory limits of liability granted to the Cities. Each City agrees to defend, indemnify and hold harmless (including reasonable attorney’s fees) the other City, their elected officials, officers, agents and employees from any liability, claims, demands, damages, personal injury, costs, judgments or expenses arising from any act or omission of the indemnifying City relating to the Project. Neither City shall be required to pay to the other City any amount as indemnification under this Agreement, whether arising pursuant to this Agreement, expressly, by operation of law or otherwise, in excess of the limits of liability applicable to the indemnifying City under Minnesota Statutes, Chapter 466, or in the event that Minnesota Statutes, Chapter 466 does not apply, the maximum amount of insurance coverage available to the indemnifying City. In those instances in which a City is directly liable for damages as well as for indemnification to the other City, the combined liability of the indemnifying City shall not exceed the limits of liability under Minnesota Statutes, Chapter 466 or, in the event that Minnesota Statutes, Chapter 466 does not apply, the maximum amount of insurance coverage available to the indemnifying City. 11. Employees; Worker’s Compensation. Any and all employees of each City and all other persons engaged by that City in the performance of the Work or any other work or services required or contemplated by this Agreement shall not be considered employees of the other City. Any and all claims that might arise under the Worker’s Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged, shall in no way be the obligation or responsibility of the other City. 12. Audit. Pursuant to Minnesota Statutes, section 16C.05, subdivision 5, any books, records, documents, and accounting procedures and practices of each City relevant to the Agreement are subject to examination by the other City and either the Legislative Auditor or the State Auditor as appropriate. The Cities agree to maintain these records for a period of at least six years from completion of the Project. 13. Term. This Agreement shall commence as of the date indicated above and shall continue until the Project is completed and all required payments have been made. The indemnification and audit obligations shall survive the termination of this Agreement. 14. Entire Agreement. This document, include the recitals, the exhibits, and any documents incorporated by reference, shall constitute the entire agreement between the Cities regarding construction of the Project. This Agreement supersedes all prior negotiations, representations, or agreements between the Cities regarding the Project, whether written or oral. No modifications to this Agreement shall be in effect unless they are reduced to writing and are signed by both Cities. 5 15. No Third Party Rights. This Agreement is solely for the benefit of the Cities. This Agreement shall not create or establish any rights in or for the benefit of any third party. 16. Applicable Law. This Agreement shall be interpreted under the laws of Minnesota. 17. Compliance. Each City shall comply with all applicable federal, state, and local laws, rules, regulations, and ordinances, and shall obtain such permits and permissions as may be required, in carrying out their respective duties under this Agreement. 18. Discrimination. The provisions of Minnesota Statutes, section 181.59 and of any applicable local ordinance relating to civil rights and discrimination shall be considered a part of this Agreement as though fully set forth herein. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF NEW HOPE By: ____________________________ Kathi Hemken Its: Mayor By: ____________________________ Kirk McDonald Its: Manager CITY OF CRYSTAL By: ____________________________ Jim Adams Its: Mayor By: ____________________________ Anne Norris Its: Manager 6 EXHIBIT A Post Bid Project Cost Estimate (attached hereto) Memorandum DATE: February 5, 2019 TO: City Council FROM: Mark Ray, PE, Director of Public Works SUBJECT: Surface water management plan Background As part of the Comprehensive Planning review/update process the City was required to update the Surface Water Management Plan. The plan was last completed in 2010. No substantial changes were made to the 2010 plan. The only changes were to try and make the document as small as possible, make sure the text accurately reflected current City actions or planned projects, and updated reference documents/links as appropriate. The plan has been reviewed and approved by both the Shingle Creek and Bassett Creek watersheds. The only remaining item is for the Council to approve it. It is proposed for this item to be brought before the Council at the February 19th Council Meeting. Attachment • Surface water management plan Recommended Action • No formal action is needed. • Staff is requesting approval to put this item on the consent agenda for February 19th. Local Surface Water Management Plan City of Crystal December 2018 CITY OF CRYSTAL – LO CAL S U RFACE W ATER MANAG EMENT PLAN Table of Contents EXECUTIVE SUMMARY .................................................................................................................... i-iii 1.1 Purpose ...................................................................................................................................... 4 1.2 Scope........................................................................................................................................... 4 2.1 Location and History ............................................................................................................. 5 2.2 Topography and Drainage ................................................................................................... 5 2.3 Soils ............................................................................................................................................. 6 2.4 Geology and Groundwater .................................................................................................. 6 2.5 Climate ....................................................................................................................................... 7 2.6 Water Resources..................................................................................................................... 7 2.6.2 Creeks ................................................................................................................... 9 2.6.3 Lakes ..................................................................................................................... 9 2.6.4 Wetlands ............................................................................................................. 10 2.6.5 MLCCS and MBS.................................................................................................. 10 2.6.6 Unique Features and Scenic Areas .................................................................... 10 2.7 Drainage Systems ................................................................................................................ 11 2.8 Floodplain Information ...................................................................................................... 13 2.9 Planning and Development............................................................................................... 13 2.9.1 Comprehensive Plan .......................................................................................... 13 2.9.2 Land Use ............................................................................................................. 13 3.1 City of Crystal ........................................................................................................................ 15 3.2 Hennepin County .................................................................................................................. 15 3.3 Watershed Management Organizations ...................................................................... 15 3.4 Metropolitan Council ........................................................................................................... 18 3.5 State Board of Water and Soil Resources (BWSR) .................................................. 18 3.6 Minnesota Pollution Control Agency (MPCA) ............................................................. 18 3.7 Minnesota Department of Natural Resources (DNR) .............................................. 20 3.8 Minnesota Department of Health (MDH)..................................................................... 20 3.9 Minnesota Environmental Quality Board (EQB) ........................................................ 20 3.10 Minnesota Department of Transportation (MnDOT) ............................................... 20 3.11 U.S. Environmental Protection Agency (EPA) ............................................................ 20 3.12 U.S. Army Corps of Engineers (USACE) ........................................................................ 20 3.13 Federal Emergency Management Agency (FEMA) ................................................... 21 3.14 Natural Resources Conservation Service (NRCS)..................................................... 21 3.15 U.S. Geological Survey (USGS) ........................................................................................ 21 3.16 U.S. Fish and Wildlife Service (USFWS) ....................................................................... 21 4.1 2013 Shingle Creek Watershed Management Commmision (SCWMC) THIRD Generation Watershed Management Plan .................................................................. 21 4.2 2005 SCWMC Shingle Creek Corridor Study ............................................................... 21 4.3 2007 Twin and Ryan Lakes Nutrient Total Maximum Daily Load (TMDL)....... 22 4.4 2006 Shingle Creek Chloride Total Maximum Daily Load (TMDL) ..................... 22 4.5 CRYSTAL LAKE NUTRIENT TMDL ........................................................................................... 22 4.6 2006 SCWMC Water Quality Plan ................................................................................... 22 4.7 crystal SHOPPING CENTER AREA sub-watershed assessment ........................... 22 4.8 BIOCHAR AND IRON-ENHANCED SAND FILTERS ..................................................... 23 4.9 2015 Bassett Creek Watershed Management Commission (BCWMC) Watershed Management Plan ......................................................................................... 23 5.1 Shingle Creek WMC Joint Powers Agreement ........................................................... 24 5.2 Bassett Creek WMC Joint Powers Agreement ........................................................... 24 5.3 Flood Control Project Bassett Creek ............................................................................. 24 6.1 Stormwater Management Issues and Possible Corrective Actions ................... 26 6.2 Wetland Inventory and Assessment ............................................................................. 29 6.3 Water Quality Monitoring .................................................................................................. 30 6.4 Impaired Waters and Total Maximum Daily Loads (TMDLs) .............................. 31 6.5 Comparison of Regulatory Standards ........................................................................... 32 6.6 North Branch Bassett Creek Stream Inventory ........................................................ 34 7.1 General ..................................................................................................................................... 34 7.2 Surface Water Goals and Policies ................................................................................... 34 7.2.1 Water Quantity ................................................................................................... 34 7.2.2 Water Quality ..................................................................................................... 35 7.2.3 Flood Control ...................................................................................................... 37 7.2.4 Groundwater and Volume Management ........................................................... 38 7.2.5 Erosion and Sediment Control ........................................................................... 39 7.2.6 Recreation, Fish and Wildlife Habitat, and Shoreland Management .............. 39 7.2.7 Wetland, Lake, and Stream Management ....................................................... 40 7.2.8 Public Participation, Coordination, and Education .......................................... 41 7.2.9 Pollution Prevention .......................................................................................... 43 7.2.10 Monitoring and Maintenance ............................................................................. 43 7.2.11 Funding ............................................................................................................... 44 8.1 Overview .................................................................................................................................. 44 8.1.3 Wetland Inventory and Assessment ................................................................. 46 8.2 Ten-year Implementation Program ............................................................................... 46 8.3 Current City Practices ........................................................................................................ 48 8.4 PROJECT REVIEW................................................................................................................ 48 9.1 Review and Adoption Process ......................................................................................... 49 9.2 Plan Amendments and Future Updates ........................................................................ 49 LIST OF TABLES Table 2.1 Minnesota DNR Public Waters in Crystal Table 5.1 Flood Control Improvements Table 6.1 Storm water Management Issues and Possible Corrective Actions Table 6.2 Existing City Performance Standards LIST OF FIGURES Figure 2.1 Crystal Storm water Management Map Figure 2.2 Crystal Storm Sewers, Wetlands, Protected Waters, and Watershed Jurisdictions LIST OF APPENDICES Appendix A SWPPP Appendix B Storm Water Capital Improvement Plan CITY OF CRYSTAL – LO CAL S U RFACE W ATER MANAG EMENT PLAN City of Crystal Local Surface Water Management Plan Page 2 Executive Summary Background This Local Surface Water Management Plan (LSWMP) will serve as a comprehensive planning document to guide the City of Crystal in conserving, protecting, and managing its surface water resources. This plan has been created to meet the requirements detailed in Minnesota Statutes 103B and Minnesota Rules 8410, administered by the Minnesota Board of Water and Soil Resources. This plan is also consistent with the goals and policies of the Metropolitan Council’s Water Resources Management Policy Plan, and the two watershed management commissions having jurisdiction within the City: Shingle Creek Watershed Management Commission (SCWMC) and Bassett Creek Watershed Management Commission (BCWMC). This LSWMP is organized into sections that generally follow guidance provided by State statute, rules, and the Metropolitan Council. These sections are described as follows: • Section 1 identifies the purpose and scope of the LSWMP. • Section 2 describes the physical setting; the history, natural resources, and land uses within the City. • Sections 3 through 5 describe the regulatory agencies having jurisdiction in Crystal, and past studies and agreements related to surface water resources. • Section 6 presents a collection of the storm water management related assessments within the City, identifies recently completed and future storm water management projects as well as assessments completed by others that affect Crystal. • Section 7 lists the goals and policies identified to address surface water management needs in the City. • Section 8 summarizes implementation items from the storm water management related assessment (Section 6) and the goals and policies listed in Section 7. • Section 9 outlines the continued administration of this plan. Regulatory Setting The City has a strong interest in protecting and managing its valuable water and natural resources, recognizing the relationships between resource protection, land use management, development, redevelopment, and fiscal responsibility. Sections 3-5 of this Plan identify the context in which the Crystal LSWMP is fashioned. This context includes the multitude of Federal, State, and local governmental agencies that have some authority over water resources and storm water management. Section 3 provides a synopsis of certain agencies and their specific authority. Section 4 references past studies, plans, and reports guide Crystal’s storm water management program and this LSMWP. Some among these, such as the Twin and Ryan Lakes TMDL and the individual watershed plans, become another source of regulatory authority as they are adopted and approved. The third leg of this existing regulatory component are the agreements to which Crystal is a party. The agreements that established the watershed management commissions and Bassett Creek Flood Control Project agreement represent a commitment to joint implementation among Crystal and its neighboring communities. City of Crystal Local Surface Water Management Plan Page 3 System Assessment Section 6 assesses the current state of surface waters to which Crystal discharges and evaluates the City’s current storm water management program. The assessment provides management issues identified by the City, the two watersheds with jurisdiction within the City, and other state and federal agencies. Possible corrective actions have been associated with each of the issues identified. Embedded within the assessment are a list of issues and corrective actions. This statutorily required component of Crystal’s plan represents a comprehensive list of problems and potential solutions. Crystal cannot immediately afford solutions to all these problems, so the list is prioritized based on the City’s goals and policies and its financial resources. The implementation plan represents this prioritized list of solutions. Goals and Policies Following the assessment, Section 7 identifies the City’s storm water management goals and policies. The goals identified in this section fall into broad categories aimed at addressing the purposes of storm water management planning identified in Minnesota State Statute 103B.201: 1. Protect, preserve, and use natural surface and groundwater storage and retention systems; 2. Minimize public capital expenditures needed to correct flooding and water quality problems; 3. Identify and plan for means to effectively protect and improve surface and groundwater quality; 4. Establish more uniform local policies and official controls for surface and groundwater management; 5. Prevent erosion of soil into surface water systems; 6. Promote groundwater recharge; 7. Protect and enhance fish and wildlife habitat and water recreational facilities; and 8. Secure the other benefits associated with the proper management of surface and groundwater. Crystal’s goals, and the policy statements that support these goals, fall into 11 categories. The general trend among these goals and policies is to continue Crystal’s commitment to retrofitting water quality improvements to areas without water quality treatment and doing this in a way that is both technically feasible and fiscally prudent. Storm water Management Implementation The implementation section (Section 8) of the LSWMP describes the specific activities proposed by the City to address the storm water management issues presented in Section 6 and implement the policies identified in Section 7. Section 8 provides recommended actions related to the City’s official storm water management controls and a list of system improvement projects and activities, as well as other implementation priorities. Plan Administration This LSWMP will be incorporated into the City’s current Comprehensive Plan Update. Periodic amendments may be required to incorporate changes in local practices or governing regulations. City of Crystal Local Surface Water Management Plan Page 4 CITY OF CRYSTAL – LO CAL S U RFACE W ATER MANAG EMENT PLAN Section 1 – Purpose and Scope 1.1 PURPOSE The Crystal Local Surface Water Management Plan (LSWMP) serves as a comprehensive planning document to guide the City of Crystal in conserving, protecting, and managing its surface water resources. This plan has been created to meet the requirements detailed in Minnesota Statutes 103B and Minnesota Rules 8410, administered by the Minnesota Board of Water and Soil Resources. This plan is also consistent with the goals and policies of the Metropolitan Council’s Water Resources Management Policy Plan, and the two watershed management commissions having jurisdiction within the City: Shingle Creek Watershed Management Commission (SCWMC) and Bassett Creek Watershed Management Commission (BCWMC). Crystal may periodically update this plan to remain current with evolving regulation and to remain current with projected and completed implementation items. 1.2 SCOPE This plan serves multiple purposes including statutory and rule compliance. Minnesota Statute 103B.235 defines content for Local Surface Water Management Plans. Minnesota Rules 8410, written by the Board of Water and Soil Resources to administer statutes 103B and others, provide more detail on local plan content. Though the BWSR guidance applies specifically to watershed management organizations, this guidance has historically been used to frame expectations for municipal plans. According to Minnesota Rules 8410.0160, local plans must include sections containing: 1. Table of Contents 2. Purpose 3. Executive Summary 4. Land and Water Resource Inventory 5. Water Resource Management Related Agreements 6. Assessment of Problems 7. Corrective Actions 8. Establishment of Goals and Policies 9. Relation of Goals and Policies to Local, Regional, State, and Federal Plans, Goals, and Programs 10. Implementation Priorities 11. Amendment Procedures 12. Implementation Program 13. Appendix Crystal has structured its LSWMP to provide the information required by Minnesota Rules 8410 without holding strictly to the outline above. Throughout this document the City provides signposts identifying where a statutory or rulemaking requirement might be addressed. The LSWMP must also satisfy Metropolitan Council requirements as contained in their current Water Resources Management Policy Plan. These requirements build on those of Rules 8410. Section 3, Regulatory Context, presents the expanded requirements of Metropolitan Council. City of Crystal Local Surface Water Management Plan Page 5 Beyond state level requirements and those of Metropolitan Council, all local plans must achieve consistency with watershed organization plans. Shingle Creek and Bassett Creek Watershed Management Commissions outline specific content for local plans that reiterate statutory and rule requirements as well as define unique requirements that address issues of local importance. CITY OF CRYSTAL – LO CAL S U RFACE W ATER MANAG EMENT PLAN Section 2 – Physical Setting 2.1 LOCATION AND HISTORY This section of Crystal’s Local Surface Water Management Plan (LSWMP) provides information described in Rules 8410 under the heading of Land and Water Resources Inventory. Other information important to understanding the context for surface water management decisions in the City is also included. The City of Crystal is located in Hennepin County in the northwestern portion of the Twin Cities metropolitan area about 12 miles northwest of downtown Minneapolis. Crystal is a fully-developed community of approximately six square miles bordered by Brooklyn Park and Brooklyn Center to the north, Golden Valley to the south, Robbinsdale to the east, and New Hope to the west. Crystal was originally established as Crystal Lake Township in 1860 when the Hennepin County Government authorized its organization. The City of Crystal was incorporated in 1887, making it one of the older municipalities in Minnesota. Originally known as Crystal Village, reorganization in 1960 resulted in the final jurisdictional boundary and name. The City experienced rapid development and population growth in the 1950s and was home to approximately 25,000 people by 1960. This rapid population growth continued through the 1960s, and by 1971, 31,000 people called Crystal home. Crystal’s population has decreased slightly since 1971, but this reflects decreasing household size and not loss of housing stock. Looking forward, Crystal anticipates the population growth as outlined in the Comprehensive Plan. 2.2 Topography and Drainage Gently rolling topography characterizes Crystal and much of the northwest portion of the Twin Cities Metropolitan area. The vast sheets of ice that formed this topography left behind a number of poorly drained depressions of various sizes, which ultimately became the area's wetlands and lakes. Prior to intensive cultivation and drainage, these wetlands and lakes were often isolated or landlocked. First with agricultural drainage and then through urban storm sewer systems, humans connected these depressions one to another so that adequate drainage occurred. This extension of drainage systems combines with urban and agricultural land practices to create the impairments seen in Minnesota’s waters today. The natural drainage in Crystal splits between the two watersheds: Shingle Creek to the north and Bassett Creek to the south. Shingle Creek itself does not appear in Crystal. However, its topographic watershed includes Crystal drainage that enters the City's storm sewer and drains into the Twin and Ryan Lakes chain, ultimately flowing into Shingle Creek. Similarly, the main stem of Bassett Creek does not appear in Crystal; however, the North Branch of Bassett Creek meanders through the south part of Crystal, and Crystal’s storm sewer system directly connects to the creek in several locations as City of Crystal Local Surface Water Management Plan Page 6 shown in Figure 2.2. The jurisdictional boundaries of the watershed management commissions generally follow these natural drainage patterns. Twin Creek begins in New Hope and travels through the northwestern corner of Crystal. It flows north into Brooklyn Park and then south back into Crystal capturing the majority of the runoff from the Crystal Airport, prior to flowing into DNR Wetland 639W and then Upper Twin Lake. Twin Creek continues through the Twin and Ryan Lakes chain and meets Ryan Creek east of Crystal’s boundary. Ryan Creek flowing out of Ryan Lake eventually flows into Shingle Creek. Shingle Creek continues this drainage pattern as it travels 3.6 miles to meet the Mississippi River near 37 th Avenue NE. The drainage from this portion of the City is conveyed to Twin Creek or the Twin Lakes Chain through the City's storm sewer conveyance system or man-made ditches. Southern Crystal drains into the North Branch of Bassett Creek through several municipal storm sewer discharges. Just prior to leaving Crystal, the North Branch joins the main stem of Bassett Creek which then travels 3.5 miles through the cities of Golden Valley and Minneapolis, before entering the Mississippi River south of St. Anthony Falls. 2.3 SOILS The Natural Resources Conservation Service (NRCS) published the Soil Survey of Hennepin County, Minnesota in 2004. The soil survey identifies the physical properties of the soils within the county and provides mapping to identify the locations of the various soils types. A map of the soils can be found online at https://gis.hennepin.us/naturalresources/map/default.aspx The soil types found in Crystal are primarily dominated by the Hubbard complex, Hayden-Kingsley Complex and a broad mixture of various other soil types. These soils types can be classified into Hydrologic Soil Groups (HSG) according to the soil’s ability to infiltrate water during long-duration storms. The four hydrologic soil groups are: Group A-High Infiltration, Group B-Moderate Infiltration, Group C-Slow Infiltration, and Group D-Very Slow Infiltration. Generally, the soils are of Type A and B (highly to moderately infiltrative) in the northern portion of the City north of County Highway 10 and within the boundaries of the Crystal Airport. Consistent with staff experience, the soils are generally more permeable to the northeast of the Hayden/Kingsley Complex, and less permeable soils occur to the southwest of this line. The soil survey can be used as a starting point when identifying potential areas that are suitable for the placement of infiltration Best Management Practices (BMPs); however, site-specific soils tests will still determine the exact location and performance of individual installations. Once a soil analysis has been completed, the guidance in the Minnesota Storm water Manual should be followed regarding the use of infiltration vs. filtration. As a goal, every effort should be made to infiltrate storm water runoff rather than use filtration. Clay soils, depth to groundwater, contaminated soils, hot spots (sites prone to pollution such as industrial sites), areas within a 1-year time of travel within a Wellhead Protection Area (WPA), and depth to bedrock can be limiting factors in locating infiltration BMPs. 2.4 GEOLOGY AND GROUNDWATER The soils within Crystal include variable soil types ranging from pockets of sandy soil in northern portions of the City to heavier soils throughout large portions of the remainder of the City. These surface soils overlay St. Peter Sandstone, which occurs 50 to 100 feet below the surface in the City of Crystal Local Surface Water Management Plan Page 7 northern portion of the City. In southern Crystal, the bedrock depth ranges from 100 to 150 feet below the surface. For additional information on Crystal’s bedrock geology, one can consult the Geologic Atlas: Hennepin County (Balaban, 1989). Crystal provides potable water to its residents in cooperation with the cities of New Hope and Golden Valley through a joint powers organization called the Joint Water Commission (JWC). The JWC has a long-term contract to purchase treated water from the City of Minneapolis. The water is drawn from the Mississippi River, treated, and pumped to reservoirs in Crystal and Golden Valley. From there it is distributed to the JWC’s customers. 2.5 CLIMATE The National Weather Service, a branch of the National Oceanic and Atmospheric Administration, publishes climate data for Crystal (Station 215838). Past history is available through the State of Minnesota’s Department of Natural Resources webpage https://www.dnr.state.mn.us/climate/historical/introduction.html Rainfall frequency estimates are used as design tools in water resource projects. The National Weather Service Hydrometeorological Design Studies Center has released NOAA Atlas 14, Volume 8. The 24-hour precipitation depths reference information used in Crystal for different rainfall recurrence intervals is available through the State of Minnesota’s Climatology office at https://www.dnr.state.mn.us/climate/noaa_atlas_14.html Crystal manages its water resources for specific design events so as to not cause erosion or flooding in downstream waterbodies. The City requires development and redevelopment to maintain or reduce discharge rates for the 2-year, 10-year, and 100-year, 24-hour storm events. 2.6 WATER RESOURCES The City of Crystal is developed around a variety of surface water resources that are both aesthetically and recreationally valuable to the community, including lakes, wetlands, and creeks. The Minnesota Department of Natural Resources (DNR) has regulatory jurisdiction over many of the City’s waterbodies defined as Public Waters of the State. The waterbodies identified by the Minnesota DNR as Public Waters are included in Table 2.1 . The map is available online through the Minnesota Department of Natural Resources https://www.dnr.state.mn.us/waters/watermgmt_section/pwi/maps_metro.html City of Crystal Local Surface Water Management Plan Page 8 Table 2.1 - Minnesota DNR Public Waters in Crystal1 Type Name DNR ID Lakes Upper Twin Lake 27-42P Middle Twin Lake 27-42P Wetlands Unnamed Wetland Winnetka Hills neighborhood 27-0629P Unnamed Wetland 27-639W Unnamed Wetland (Memory Lane Pond) 27-641W Unnamed Wetland (Hagemeister Pond) 27-642W Unnamed Wetland (Gaulke Pond) 27-643W Bassett Creek Park Pond 27-646P Creeks Twin Creek - Bassett Creek - Unnamed Tributary of Bassett Creek2 - 1 Source: Minnesota DNR PWI Maps and Lists 2 Identified in the Bassett Creek Watershed Management Plan as “North Branch of Bassett Creek” City of Crystal Local Surface Water Management Plan Page 9 2.6.2 CREEKS Twin Creek flows through the northwest portion of the City from New Hope, into Robbinsdale, and then down through Crystal into the Twin Lake system, which discharges to the Mississippi River via Ryan Lake and Shingle Creek. North Lions pond and the wetland to the north discharge into storm sewer pipes into Brooklyn Park, where the water then dives into and out of storm sewer pipes or ponds until it daylights ease of Douglas Drive into a ditched channel. The majority of the drainage from this portion of the City drains through storm sewer into the Twin Lake Chain. Shingle Creek is designated by the MPCA as an impaired water due to chloride, low dissolved oxygen, and low biotic integrity. Crystal’s efforts to address the impairment are prominent in its implementation plan, which is provided in Section 8. Impaired waters are discussed in more detail in later sections of this plan as well as the following websites:  Bassett Creek WMO website: http://www.bassettcreekwmo.org/  Shingle Creek WMC website: http://www.shinglecreek.org/  MPCA’s website: https://www.pca.state.mn.us/water/minnesotas-impaired-waters-list In the southern portion of the City, the North Branch of Bassett Creek flows from the City of New Hope into Crystal and finally into Bassett Creek near Highway 100 and 29 th Avenue N. Generally, Crystal’s storm sewer system directly discharges into the creek as indicated by the mapped outfalls in Figure 2.1. The main stem of Bassett Creek and the North Branch of Bassett Creek (including Bassett Creek Park Pond) are classified as priority streams b the BCWMC, per Section 2.7.2.2 of the 2015 CWWMC Plan. 2.6.3 LAKES The Twin Lakes Chain supports fishing and swimming and provides aesthetic benefits to the area. The drainage area to the lake chain encompasses 5,550 acres of fully developed urban and suburban land. The lakes are connected by channels of varying lengths that connect the system to Ryan Lake. Water quality in Upper Twin Lakes is considered poor, with frequent algal blooms, while Ryan and Middle Twin Lakes have moderately better water quality. Monitoring data in the Twin Lakes Chain suggests that the chain is a highly productive system, with the greatest water quality problems occurring in Upper Twin Lake. The uppermost lake in the chain, Upper Twin Lake, is a hypereutrophic lake where both internal and watershed loading appear to be significant sources of phosphorus. The majority of phosphorus in Middle Twin Lake comes from Upper Twin Lake or Middle Twin’s direct tributary watershed – internal loading is not identified as a significant contributor. Lower Twin Lake is a eutrophic lake where internal loading has the potential to increase algal productivity throughout the season. Ryan Lake, the last lake in the chain, is a deep, mesotrophic lake that has relatively good water quality for an urban lake. The Twin Lake Chain including Ryan Lake were listed as Impaired Waters for excessive nutrients, and an approved TMDL implementation plan has been developed for this system. As a result of implementation actions taken in their drainage areas, the water quality in both Lower Twin and Ryan Lake has improved and those two lakes have been removed from the list of Impaired Waters. Upper Twin and Middle Twin continue to be impaired, and improvement actions continue. More information regarding the impairments to the Twin Lakes Chain can be found in Section 6.4 as well as the following websites:  Shingle Creek WMC website: http://www.shinglecreek.org/ City of Crystal Local Surface Water Management Plan Page 10  MPCA’s website: https://www.pca.state.mn.us/water/tmdl/twin-and-ryan-lakes-excess- nutrients-tmdl-project 2.6.4 WETLANDS Crystal’s wetlands naturally store runoff and provide rate control. They also protect water quality by filtering storm water. However, Minnesota law now prevents the conversion of wetlands into storm water management ponds, so these storage and filtering functions will be protected and augmented by incremental implementation of Best Management Practices with redevelopment and street projects. In addition to storm water management functions, wetlands provide diverse wildlife habitat and aesthetic benefits to residents that cannot be quantified. Figure 2.2 presents the National Wetland Inventory (NWI) and Public Waters Inventory (PWI) for Crystal. The NWI identifies wetlands larger than a quarter acre in size. Minnesota protects all wetlands through its Wetland Conservation Act (WCA). Crystal is the LGU that enforces the WCA within its municipal boundaries. The WCA requires that impacts to wetlands be avoided. If the impacts are proven to be unavoidable, then sequencing measures need to be taken to minimize the impacts. Wetlands, lakes, and streams that are classified as Public Waters on the Public Waters Inventory established by the Minnesota Department of Natural Resources (DNR) are offered an extra level of protection. Any work done affecting the course, current, or cross section of these waterbodies may require a Public Waters Work Permit, which is administered by the DNR. Shingle Creek Watershed requires that municipalities within its jurisdiction perform a wetland function and values assessment for all priority wetlands. This assessment considers vegetative and habitat aspects to individual wetlands and ultimately leads to a management strategy catered to specific wetland types. Bassett Creek Watershed requires municipalities to perform a function and values assessment within its jurisdictional area. Crystal’s phased approach to performing these assessments will also cover wetlands within Bassett Creek Watershed’s jurisdiction. 2.6.5 MLCCS AND MBS The Minnesota Land Cover Classification System, or MLCCS, categorizes urban and built up areas in terms of land cover rather than land use. MLCCS serves as a tool for City staff to integrate land cover preservation into land planning, land use, and zoning decisions. In the City of Crystal, the MLCCS data shows that the landscape is dominated by artificial surfaces and associated areas. Crystal identifies numerous parks throughout its jurisdictional boundaries, and those areas typically contain areas of herbaceous vegetation and woodlands. The Crystal Airport is also found in the northeast corner of the City and has planted and cultivated vegetation. According to the Minnesota DNR, the Minnesota Biological Survey (MBS) began in 1987 as a systematic survey of rare biological features on a county by county basis. The survey for Hennepin County is complete, and the Hennepin County map is available on the DNR website. A review of the natural communities and rare species within Crystal's boundaries did not show any areas of ecological significance. 2.6.6 UNIQUE FEATURES AND SCENIC AREAS As a developed community, Crystal has numerous park areas found within its jurisdictional boundaries. Each park is classified as one of four types. The majority of the parks in the City are City of Crystal Local Surface Water Management Plan Page 11 neighborhood parks designed for unstructured play and to be within a 10 minute walking distance of residential neighborhoods (typically 1/2 mile). Community parks provide a more structured environment, specialty parks typically are tailored for specific athletic activities, and conservancy areas are designed to be passive areas with green space which may contain storm water detention facilities. 2.7 DRAINAGE SYSTEMS The majority of the City’s storm sewer was constructed prior to the mid 1970s, and as was the practice at that time, storm water management relied heavily on large diameter trunk storm sewer to route storm water away from impervious areas quickly and discharge this storm water directly into nearby wetlands, lakes, and streams. As a result, local storm water basins providing both rate control (to reduce downstream local flooding) and water quality treatment (to provide additional protection to downstream natural resources) are not common in Crystal. Rather, the City’s storm water system discharges large portions of the City’s residential and commercial/industrial areas directly to nearby water resources. The US Army Corp of Engineers constructed a Flood Control Project that included portions of Crystal. More information on this is available in Section 5.3 of this plan and in the Bassett Creek Watershed Management Commission's 2015 - 2025 Watershed Management Plan. One challenge for the City as part of this LSWMP is to identify locations where the City’s existing storm water system can be improved or new facilities added. Section 8.2 identifies potential implementation projects to improve the quality of Crystal’s surface water discharge. The benefit to the City as a result of these storm water improvements could potentially include: • Reduction in localized flooding • Enhancement and restoration of existing natural resources • Creation of new natural resources • Improved water quality in the City’s lakes, wetlands, and streams Cities that developed over the same timeframe as Crystal all face the same challenge: how to retrofit substantive water quality and flood improvement projects in a fully-developed community. Crystal has had success in meeting this challenge by incrementally adding water quality and flood control improvements as part of its street improvement projects. Preservation of key storage areas is accomplished in the City of Crystal through the fact that the majority of these areas are located on public property. Figure 2.2 identifies the waterbodies located within the City that are considered key storage areas. 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""" " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " "" " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " "" " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " "" " " " " " " " " " " " " " " " " " " " " " " " " "" " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " "" "" " " " " " " " " " " " " " " " " " " "" " " " " " " " " " " " " " " " " " " " " " " " " " " " "" " " " " " " " "" " " "" " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " "" " " "" """ " " "" " "" "" " " " " " " " """""" " " "" " " " " " "" " " " " " " "" " " " " " " " " " "" " " " " " " " "" " " " " " ^_ ^_ ^_ ^_ ^_ # # ######## ### # ###### # # # ## # # # # # # # ## # # # # # #### ###### ## # # # ### # # ## #### # ### # ### # # # # ´0 0.25 0.5 Miles Crystal Stormwater System Map Figure 2.1 Key: Storm Outfalls Outfall: #City Outfall #MS4 Outfall ^_Storm WQ Structure Stream Storm Detention (UG) Pond/ Surface Water "Storm Inlets !Storm Manholes !O Raingardens Storm Pipes Storm Catchment Area A B4 B5 B6 C D E F G H H1 J N1 N2 S stormsewer.mxd Upper Twin Lake Middle Twin Lake Lower Twin Lake Bassett Creek Meadow Lake Gaulke Hagemeister Memory Lane City of Crystal Local Surface Water Management Plan Page 13 2.8 FLOODPLAIN INFORMATION The Federal Emergency Management Agency (FEMA) updated the Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRM) for Hennepin County in 2016. The FIRM map shows all 100-year floodplain boundaries for the county, and includes both the floodway and flood fringe for rivers, lakes, wetlands, and streams where FEMA has completed detailed engineering studies. Flood elevations are also provided for areas where detailed studies have been completed. FEMA FIRM maps are identified in Crystal and available online at: https://msc.fema.gov/portal/search The Bassett Creek Watershed Management Commission (BCWMC) Watershed Management Plan identifies BCWMC’s adopted 100-year floodplain elevations for waterbodies in Crystal within the jurisdiction of the BCWMC, namely the North Branch of Bassett Creek and a small portion of Bassett Creek. The 100-year floodplain information is identified the BCWMC Watershed Management Plan and includes 100-year floodplain elevations for the North Branch of Bassett Creek downstream of New Hope and for Bassett Creek from Highway 100 to Kentley Avenue. Both the Shingle Creek Watershed Management Commission and the Bassett Creek Watershed Management Commission have completed hydrologic and water quality models. Bassett Creek’s watershed-wide XP-SWIMM model was completed and adopted in 2017 as part of the Bassett Creek Hydrologic and Hydraulic Analyses – Phase 2 XPSWMM Model Report and is available online: http://www.bassettcreekwmo.org/application/files/2515/0240/9404/BCWMC_Ph2_XPSWMMReport_Fi nal_August2017.pdf 2.9 PLANNING AND DEVELOPMENT 2.9.1 COMPREHENSIVE PLAN Metropolitan Council requires municipalities within the metropolitan area (as defined by statute) to update their Comprehensive Plans on a decennial basis. Crystal’s local Comprehensive Plan describes how the community wants to develop over the time period. Additionally, the Comprehensive Plan helps clarify the relationship between Crystal and the metropolitan area – particularly in terms of transportation planning, housing, and natural resource protection. Though Crystal’s Comprehensive Plan identifies local community aspirations, it must also fit into the Metropolitan Council’s Regional Development Framework to ensure coordination among local municipalities and the regional systems. 2.9.2 LAND USE Crystal experienced a post World War II development boom driven by the population increases associated with the “baby boom” generation and that generation’s parents’ desire to obtain a more suburban lifestyle. By the mid 1970s, this development boom eliminated the semi rural land present prior to 1945. Development since 1970 filled vacant lots or redeveloped existing urban land uses. This process continues and will continue into the future as Crystal realizes a slight increase in population over the next 20 years. By Metropolitan Council’s definitions, Crystal is a fully-developed community lacking large undeveloped tracts of land. In general, the decennial Comprehensive Plan Updates summarize significant land use changes anticipated by a community through the 2040 planning timeframe. However, Crystal is not anticipating a significant change to its land use over the next 20 years. In its land use guide plan, Crystal has not identified specific land use changes but rather identified guidance for redevelopment when and where it happens. As this redevelopment occurs, the City will seek opportunities to retrofit water quality improvements to these sites. However, in the near term, it appears that Crystal’s best opportunity to improve the quality of its surface water discharge is through use of public lands for City of Crystal Local Surface Water Management Plan Page 14 water quality retrofits. As evidenced in Crystal’s implementation plan, the City has followed this implementation model in recent years, in addition to opportunities as part of the street reconstruction program. The City’s Land Use Plan is available as part of the Comprehensive Planning document as well as online https://www.crystalmn.gov/our_city/maps_and_data. City of Crystal Local Surface Water Management Plan Page 15 CITY OF CRYSTAL – LO CAL S U RFACE W ATER MANAG EMENT PLAN Section 3 – Regulatory Setting 3.1 CITY OF CRYSTAL The Crystal Department of Public Works manages the City’s storm water infrastructure and is responsible for the monitoring and maintenance of storm sewers, ponding areas, water quality devices, and outlet control structures. The City Department of Public Works provides the design, operation, and maintenance necessary to minimize local flooding and improve water quality in the City’s storm water system. Public Works also coordinates with watershed management organizations and other outside agencies in water resource management and conservation. City Code is the primary source of regulation of surface water management and protection in the City of Crystal. 3.2 HENNEPIN COUNTY Hennepin County, originally part of Dakota County, was created in 1851. The County provides many services within the City of Crystal, including health services and property and vital records. Hennepin County was the first county to begin groundwater planning in 1988, with authority delegated to the Hennepin Conservation District. The plan received state approval (BWSR) in March 1994. Although the county has not formally adopted the plan, the county is proceeding with implementation of many aspects of the plan. In addition, the County’s Department of Environmental Services provides education, outreach, and funding to individuals and organizations. These programs include the Hennepin County River Watch and the Wetland Health Evaluation Program. Hennepin County Department of Environment and Energy provides technical service and assistance to county residents, local government units, watershed organizations, and other agencies. For local governments, their specific assistance has included contracting with them for implementation of natural and water resource management plans, the Wetland Conservation Act administration, and natural resource education. They also offer grants and administer state and federal cost share programs for restoration work, sealing of abandoned wells, and cleaning up of contaminated land. In late 2013 the Hennepin Conservation District was dissolved by the Board of Water and Soil Resources, and all duties and authorities of an SWCD were transferred to Hennepin County. The Department is involved in a wide variety of land and water conservation issues including assisting landowners with sustainable land use to working with municipalities to develop growth management strategies. Specifically they serve as experts in the administration of WCA, the Reinvest in Minnesota Program, and cost-share grants for financial assistance to landowners for protection of their land. 3.3 WATERSHED MANAGEMENT ORGANIZATIONS In 1982, the legislature approved the Metropolitan Surface Water Management Act, Chapter 103B of Minnesota Statutes. This act requires all metro-area local governments to address surface water management through participation in a Watershed Management Organization (WMO). A WMO can be organized as a watershed district, as a Joint Powers Agreement (JPA) among municipalities, or as a function of county government. There are 46 Watershed Management Organizations within the metropolitan area. The state considers watershed organizations as local units of government. The City of Crystal is divided into multiple drainage basins that flow to two separately managed watershed organizations. Figure 2.1 shows Crystal’s storm sewer sheds which define the areas tributary to different portions of the City’s system. The watershed jurisdictional boundary for City of Crystal Local Surface Water Management Plan Page 16 BCWMC is found in sewer sheds A, C, D, E, and F. The watershed jurisdictional boundary for SCWMC is found in sewer sheds B4, B5, B6, G, H, H1, J, N1, N2, and S. The powers and duties of watershed organizations include: • Approval authority over Local Surface Water Management Plans. • Ability to develop rules regarding management of the surface water system. • Ability to determine a budget and raise revenue for the purpose of covering administrative and capital improvement costs. • Regulation of land use and development when one or more of the following apply: o The City does not have an approved local plan in place. o The City is in violation of their approved local plan. o The City authorizes the watershed toward such regulation. • Wetland Conservation Act administration when designated as the Local Government Unit (LGU) for a City. • Other powers and duties as given in statute and joint powers agreements. SCWMC was formed in 1984 and incorporates the northern portion of the City of Crystal, thus covering the City’s discharge to Shingle Creek via Twin Creek and the Twin Lakes system. The jurisdictional boundary for the SCWMC within Crystal includes approximately 2,497 acres and is identified on Figure 2.2. In 1984, the existing Bassett Creek Flood Control Commission (formed in 1968) revised its joint powers agreement and created the BCWMC. The BCWMC incorporates the southern portion of the City of Crystal, and thus incorporates the City’s discharge to Bassett Creek via the North Branch of Bassett Creek. The jurisdictional boundary for the BCWMC within Crystal includes approximately 1,185 acres and is identified on Figure 2.2. ´ 0 0.25 0.5 Miles 2.2 Crystal Storm Pipes, Protected Waters Key: Watershed Boundary City Boundary Pond/ Surface Water Wetlands Storm Lines, Owner: Crystal Other; Private Crystal Airport (MAC) 641W 646P 42P 639W 642W 643W 629P 628W Shingle Creek Watershed Bassett Creek Watershed Upper Twin Lake Middle Twin Lake Lower Twin Lake Meadow Lake Stormsewers-Wetlands.mxd City of Crystal Local Surface Water Management Plan Page 18 3.4 METROPOLITAN COUNCIL Established by the Minnesota Legislature in 1967, the Metropolitan Council is the regional planning organization for the Twin Cities seven-county area. The Council manages public transit, housing programs, wastewater collection and treatment, regional parks, and regional water resources. Council members are appointed by the Minnesota Governor. Metropolitan council has a current water resources management policy plan. This document supports preparation of comprehensive plans by outlining planning requirements for wastewater services, surface water management, and regional water supply. 3.5 STATE BOARD OF WATER AND SOIL RESOURCES (BWSR) The Minnesota Board of Water and Soil Resources (BWSR) works through local governmental agencies to implement Minnesota’s water and soil conservation policies. BWSR is the administrative agency for soil and water conservation districts, watershed districts, watershed management organizations, and county water managers. BWSR is responsible for implementation of the Metropolitan Surface Water Management Act (Minnesota Statutes 103B.201 to 103B.253) and the Wetland Conservation Act. Staff members are located in eight field offices throughout the state. First established in 1937 as the State Soil Conservation Committee, the agency became part of the University of Minnesota in the 1950s, transferred to the Department of Natural Resources in 1971, then transferred to the Department of Agriculture in 1982. In 1987, the State Legislature established the current Board of Water and Soil Resources. The Board consists of 17 members, appointed by the governor to four-year terms. Multiple state and local agencies are represented on the Board. In 1992, BWSR adopted rules (8410), establishing the required content for Local Surface Water Management Plans. BWSR serves as a technical expert to Local Government Units (LGU) in the administration of WCA, and thus has oversight over Bassett Creek Watershed Management Commission and Shingle Creek Watershed Management Commission as they administer WCA. The Watershed Management Organizations will continue in their role to properly administer the requirements of WCA. 3.6 MINNESOTA POLLUTION CONTROL AGENCY (MPCA) The MPCA is Minnesota’s lead environmental protection agency. Created by the State Legislature in 1967, the MPCA is responsible for monitoring environmental quality and enforcing environmental regulations to protect Minnesota’s land, air, and water. The MPCA regulates Crystal’s management of wastewater, storm water, and solid waste. MPCA is the permitting authority in Minnesota for the National Pollutant Discharge Elimination System (NPDES), the federal program administered by the Environmental Protection Agency to address pollution in the nation's waters. The NPDES program originates with the federal Clean Water Act of the 1970s. The MPCA included the City of Crystal on the list of entities identified as owning and operating a Municipal Separate Storm Sewer System (MS4). Consequently, the MPCA required Crystal, along with many other local government entities and institutions in Minnesota, to obtain coverage under the General Permit in 2003. To obtain this coverage, Crystal developed a Storm Water Pollution Prevention Program (SWPPP) to address six minimum control measures: 1. Public education 2. Public involvement City of Crystal Local Surface Water Management Plan Page 19 3. Illicit discharge detection and elimination 4. Construction site runoff control 5. Post-construction runoff control 6. Pollution prevention in municipal operations The NPDES permit requires renewal periodically and the City will update their SWPPP and submit a new permit application as required. The MPCA has other roles related to the Clean Water Act as well. One of these requires the MPCA to publish a list of Minnesota’s waters that do not meet federal water quality standards. For each waterbody or water course on this “impaired waters” list, the MPCA conducts a study to determine the allowable Total Maximum Daily Load (TMDL) for the pollutants that create the impairment. The MPCA list of impaired waters, known as the 303(d) list from the applicable section of the Clean Water Act, identifies impairments throughout Minnesota requiring TMDL studies. The following impairments occur within these waters assessed by the MPCA: • Turbidity • PCBs and other exotic chemicals • Mercury • Impaired Biota • Fecal Coliform • Low Dissolved Oxygen • Excess Nutrients Typically, the MPCA or watershed organizations conduct TMDL studies. Local governments often serve on advisory panels that guide the creation of the TMDL. The TMDL studies result in waste load allocations which essentially determine the maximum amount of a pollutant the waterbody can receive and still maintain its designated use (such as swimming or aquatic recreation). The waste load allocation is compared to the current pollutant loading, and a waste load reduction is determined. This waste load reduction is then distributed to MS4 permit holders within the waterbody's tributary area. Local governments will need to review the results of completed TMDLs and review the adequacy of their Storm water Pollution Prevention Programs and Local Surface Water Management Plans to address the requirements of the TMDLs implementation plan. In Crystal, impaired waters which have approved TMDLs are the Twin Lakes Chain excess nutrient TMDL, the Shingle Creek chloride, DO, E. coli, and Biotic Integrity TMDsL, and the state-wide mercury TMDL which pertains to the Twin Lakes Chain. To assist local government and others with implementing Best Management Practices to address impaired waters and protect other waters, the MPCA published the Minnesota Storm water Manual. Minnesota Storm water Manual provides detailed guidance on storm water management practices. In particular, low-impact development, better site design, and on-site infiltration of runoff are recommended to offset the adverse impacts created by additional impervious surfaces. These runoff volume reduction methods provide multiple benefits including groundwater recharge, protection of natural streambanks, reduced nutrient loads to lakes and wetlands, and reduced thermal impacts to aquatic habitat. City of Crystal Local Surface Water Management Plan Page 20 3.7 MINNESOTA DEPARTMENT OF NATURAL RESOURCES (DNR) Originally created in 1931 as the Department of Conservation, the DNR has regulatory authority over the natural resources of the state. DNR divisions specialize in waters, forestry, fish and wildlife, parks and recreation, land and minerals, and related services. The Division of Waters administers programs in lake management, shoreland management, dam safety, floodplain management, wild and scenic rivers, the Public Waters Inventory (PWI), and permitting of development activity within public waters. Figure 2.2 shows the location of PWI waterbodies in the City of Crystal. 3.8 MINNESOTA DEPARTMENT OF HEALTH (MDH) The MDH manages programs to protect the public health, including implementation of the Safe Drinking Water Act. The MDH has regulatory authority for monitoring water supply facilities such as water wells, surface water intakes, water treatment, and water distribution systems. The MDH also is responsible for the development and implementation of the wellhead protection program. Crystal provides potable water to its residents in cooperation with the cities of New Hope and Golden Valley through a joint powers organization called the Joint Water Commission (JWC). The JWC has a long-term contract to purchase treated water from the City of Minneapolis. The water is drawn from the Mississippi River, treated, and pumped to reservoirs in Crystal and Golden Valley. From there, it is distributed to the cities of Crystal, New Hope, and Golden Valley. The JWC has also installed three emergency backup wells. 3.9 MINNESOTA ENVIRONMENTAL QUALITY BOARD (EQB) The EQB is comprised of five citizen members and the heads of ten state agencies that play an important role in Minnesota’s environment and development. The EQB develops policy, creates long- range plans, and reviews proposed projects that may significantly influence Minnesota’s environment. 3.10 MINNESOTA DEPARTMENT OF TRANSPORTATION (MNDOT) MnDOT is the state agency responsible for the planning, improvement, and maintenance of the state’s highway system. MnDOT approval is required for any construction activity within state rights- of-way. MnDOT also administers funding for qualifying transportation projects completed in the City. Anticipated activities of MnDOT are periodically published in their State Transportation Improvement Plan (STIP). 3.11 U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) The EPA develops and enforces the regulations that implement environmental laws enacted by Congress; however, the MPCA bears responsibility for implementing many of the resulting programs within Minnesota. The NPDES program and the Impaired Waters list are both results of the Clean Water Act, as the EPA delegates responsibilities under this Act to the state level. 3.12 U.S. ARMY CORPS OF ENGINEERS (USACE) Under Section 404 of the Clean Water Act, including subsequent modifications, the EPA and the USACE regulate the placement of fill into all wetlands of the U.S. In 1993, there was a modification of the definition of "discharge of dredged material” to include incidental discharges associated with excavation. This modification meant that any excavation done within a wetland required the applicant to go through Section 404 permitting procedures. In 1998, however, this decision was modified so that excavation in wetlands is now regulated by the USACE only when it is associated with a fill action. City of Crystal Local Surface Water Management Plan Page 21 3.13 FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FEMA manages federal disaster mitigation and relief programs, including the National Flood Insurance Program (NFIP). This program includes floodplain management and flood hazard mapping. 3.14 NATURAL RESOURCES CONSERVATION SERVICE (NRCS) The Natural Resources Conservation Service (NRCS) is a division of the U.S. Department of Agriculture. Formerly named the Soil Conservation Service (SCS), the NRCS provides technical advice and engineering design services to local conservation districts across the nation. The Soil Survey of Hennepin County, Minnesota was published by the NRCS in 2004. The NRCS also developed hydrologic calculation methods that are widely used in water resources design. 3.15 U.S. GEOLOGICAL SURVEY (USGS) The USGS provides mapping and scientific study of the nation’s landscape and natural resources. USGS maps provide the basis for many local resource management efforts. 3.16 U.S. FISH AND WILDLIFE SERVICE (USFWS) The USFWS works to conserve and protect the nation’s fish, wildlife, plants, and habitat. The USFWS developed the National Wetlands Inventory (NWI) beginning in 1974, to support federal, state, and local wetland management work. CITY OF CRYSTAL – LO CAL S U RFACE W ATER MANAG EMENT PLAN Section 4 – Related Studies, Plans, and Reports This section of the Crystal Local Surface Water Management Plan (LSWMP) describes pertinent plans, studies, and reports used in the creation of this plan. These reports provide background information to understand the context for managing Crystal’s surface water resources. Some of these resources identify implementation items which Crystal considered in formulating its own implementation plan. 4.1 2013 SHINGLE CREEK WATERSHED MANAGEMENT COMMMISION (SCWMC) THIRD GENERATION WATERSHED MANAGEMENT PLAN The SCWMC Third Generation Watershed Management Plan was adopted in 2013. The storm water management goals identified in the SCWMC plan are generally incorporated into the Goals and Policies section (Section 7). Lastly, Crystal’s implementation plan either incorporates SCWMC implementation items or defines a contributory role for Crystal as it assists watershed implementation efforts. The SCWMC Management Plan is available online: http://www.shinglecreek.org/management- plan.html 4.2 2005 SCWMC SHINGLE CREEK CORRIDOR STUDY Completed in August 2005, this study does not prescribe specific improvements, but rather develops a set of standards and principles to be used by cities with riparian areas so that these cities can manage the Shingle Creek corridor in a way that promotes its ecological restoration. Although not directly tributary to the Shingle Creek Corridor identified by this study, the City of Crystal lies within the overall tributary area to Shingle Creek and thus will seek to incorporate the ecological City of Crystal Local Surface Water Management Plan Page 22 restoration goals (as they apply to upstream tributaries and land management practices) into its upstream management activities. Included in the study is a destription of the developed Biotic and DO TMDL. 4.3 2007 TWIN AND RYAN LAKES NUTRIENT TOTAL MAXIMUM DAILY LOAD (TMDL) The TMDL for this chain of four lakes was completed in 2007. The first lake in the chain, Upper Twin Lake, requires a 58% reduction in nutrient loads to the lake, while the other three - Middle Twin and Lower Twin and Ryan Lake - require a 12-19% reduction. A 5 Year Review was completed in 2014, which found that nutrient load from the watershed has been greatly reduced. The focus in the next five years will be on controlling rough fish and invasive aquatic vegetation. Available online: http://www.shinglecreek.org/tmdls.html 4.4 2006 SHINGLE CREEK CHLORIDE TOTAL MAXIMUM DAILY LOAD (TMDL) Shingle Creek was the first stream in the state to be designated an Impaired Water for excess chloride, found at the USGS monitoring station in 1996. Before that time, streams in Minnesota were rarely monitored for chloride, which is now found at high levels in numerous streams in the Metro area. The 2007 TMDL required a 71% reduction in chloride, mostly from road salt. A 5 Year Review was completed in 2014, which found that while road salt use has been reduced, there has been no improvement in stream water quality. Available online: Available online: http://www.shinglecreek.org/tmdls.html 4.5 CRYSTAL LAKE NUTRIENT TMDL Crystal Lake in Robbinsdale requires a 72% reduction in nutrient loading to consistently meet state water quality standards. Numerous small projects have been completed in the watershed, and in 2013 Robbinsdale constructed a hypolimnetic withdrawal system on the shoreline. Nutrient-rich water is pumped from the depths of the lake, treated, and then returned to the lake. A 5 Year Review concluded that the withdrawal system should continue to target the treatment of water pumped from the bottom of the lake, and that reductions in nutrient loading from the watershed should continue as opportunities arise. Available online: http://www.shinglecreek.org/tmdls.html 4.6 2006 SCWMC WATER QUALITY PLAN The Shingle Creek (and West Mississippi) Watershed Management Commissions’ Water Quality Plan (adopted in September 2006) is intended to help achieve each watershed’s goal of protecting and improving water quality. The SCWMC Water Quality Plan augments the more general water quality goals of the SCWMC Second Generation Watershed Management Plan by: Setting forth the Commission’s water quality goals, standards, and methodologies in more detail than the general goals and policies established in the Second Generation Management Plan, Providing philosophical guidance for completing water resource management plans and TMDLs, and Providing direction for the ongoing water quality monitoring programs that will be essential to determining if the TMDLs and implementation program are effectively improving water quality. 4.7 CRYSTAL SHOPPING CENTER AREA SUB-WATERSHED ASSESSMENT Subwatershed assessments are intensive studies of small areas of land to identify the best locations for small Best Management Practices (BMPs) such as rain gardens, tree trenches, and bioinfiltration basins. They are usually completed in areas that are already developed and have little or no storm City of Crystal Local Surface Water Management Plan Page 23 water treatment, and where it is not practical to construct a large BMP such as a storm water pond. In 2015, SCWMC completed such assessment for the downtown Crystal area. Available online: http://www.shinglecreek.org/uploads/5/7/7/6/57762663/final_crystal_subwatershed_assessment. pdf 4.8 BIOCHAR AND IRON-ENHANCED SAND FILTERS The Shingle Creek and West Mississippi Watershed Management Commissions obtained a federal grant to fund a project to field-trial three applications of a new promising yet simple technology to help reduce bacteria such as E. coli in storm water. In urban areas bacteria sources are diffuse – pet and wildlife waste, sanitary overflows and leakages - and options for reducing loads are limited. Biochar – a specially engineered type of ground charcoal –added to iron-enhanced sand filters has been effective in lab experiments at removing bacteria in synthetic storm water. The three field trials will test the effectiveness of these filters at treating real-world storm water runoff by adding the substance to storm water pond iron-enhanced sand filter benches; to filters placed in storm sewer catch basins; and to a filter bed to treat flow diverted from Shingle Creek. Construction occurred in 2017, and all the applications will be effectiveness monitored. Available online: http://www.shinglecreek.org/uploads/5/7/7/6/57762663/scwm_biochar_project_summary_and _overview_3_2016.pdf 4.9 2015 BASSETT CREEK WATERSHED MANAGEMENT COMMISSION (BCWMC) WATERSHED MANAGEMENT PLAN The BCWMC adopted their Watershed Management Plan in 2015. This plan sets the vision and provides guidelines for managing surface water within the boundaries of the BCWMC. The Watershed Management Plan summarizes the location, history, goals, policies, and implementation tasks of the BCWMC. The BCWMC’s general goals fall under the categories of water quality, flood control, erosion and sediment control, stream restoration, wetland management, groundwater, public ditches, and public involvement and information. The 2015 BCWMC Plan includes Bassett Creek Park Pond as part of the North Branch of Bassett Creek and is therefore subject to MPCA water quality standards for streams (as adopted by the BCWMC and presented in Table 2.7 of the 2015 BCWMC Plan. Storm water management implementation items identified in the BCWMC plan that affect Crystal are included in the System Assessment section (Section 6) of this LSWMP. In the course of preparing this LSWMP, Crystal has considered the BCWMC storm water management goals identified and generally incorporated these into its own goal and policy statements. In similar manner, Crystal has considered BCWMC implementation items and either taken ownership of these implementation items or defined a cooperative role in assisting BCWMC in accomplishing these. The plan is available online at http://www.bassettcreekwmo.org/document/wmp-plans CITY OF CRYSTAL – LO CAL S U RFACE W ATER MANAG EMENT PLAN Section 5 – Water Resource Related Agreements This section references and provides brief summaries of water resource related agreements to which Crystal is a party. The appendices include actual copies of the agreements referenced here. City of Crystal Local Surface Water Management Plan Page 24 5.1 SHINGLE CREEK WMC JOINT POWERS AGREEMENT In 1984, the nine cities with land in the Shingle Creek watershed (Brooklyn Center, Brooklyn Park, Crystal, Maple Grove, Minneapolis, New Hope, Osseo, Plymouth, and Robbinsdale), entered into a Joint Powers Agreement (JPA) to form a watershed management organization charged with certain surface and groundwater management functions. The joint powers type of organization was selected because the cities believed it provided the best balance for the establishment of watershed-wide policies and strategies for meeting watershed management requirements while at the same time retaining the most flexibility and local input at the lowest cost. In 2006, the member cities adopted an amendment to the JPA that set an “assessment cap” for general fund purposes. In 2015 the JPA was again modified to extend the life of the JPA to January 1, 2025. 5.2 BASSETT CREEK WMC JOINT POWERS AGREEMENT In 1969, the Bassett Creek Flood Control Commission was formed by adoption of a Joint Powers Agreement between the nine communities in the Bassett Creek Watershed, including Crystal. In accordance with provisions of the 1982 Metropolitan Surface Water Management Act, the Bassett Creek Flood Control Commission revised its Joint Powers Agreement and created the Bassett Creek Water Management Commission. Its mission is to control flooding and to maintain and enhance the quality of the surface and ground water resources in the watershed. 5.3 FLOOD CONTROL PROJECT BASSETT CREEK On June 27, 1986, an agreement was filed between Bassett Creek Watershed Management Commission, the United States Corps of Engineers, Minneapolis, Golden Valley, Crystal, and Plymouth. The agreement was for the construction of a flood control structure and channel improvement along Bassett Creek. The construction involved the creation of a new tunnel discharging into the Mississippi River, culvert improvements, channel improvement, and creation of storage areas to minimize flooding and improve water quality. Ten locations were identified in the City of Crystal for these types of flood control improvements. The projects were subsequently completed and are summarized in Table 5.1. The agreement also specifies that each municipality is responsible for the operation and maintenance of the flood control projects for those portions of the creek that lie within the City boundary, and enclosed in the agreement was an inspection form that was to be completed on a semiannual basis. The operation and maintenance activities are overseen by the Bassett Creek WMC, and as part of its Second Generation Watershed Management Plan the watershed required each City to complete a channel erosion inventory. Crystal completed its inventory in 2008. In 2016 the BCWMC adopted a Bassett Creek Watershed Management Commission Flood Control Project (FCP) Policies document. The document clarifies the maintenance responsibility for the FCP and assigns routine maintenance to the City for elements of the FCP within the City. City of Crystal Local Surface Water Management Plan Page 25 Table 5.1 - Flood Control Improvements Constructed Location Purpose Highway 100 control structure • Provide additional flood storage upstream of Highway 100 Highway 100 double box culvert • Extend upstream culvert 70 feet Detention pond and outlet between Bassett Creek park pond and Highway 100 • A detention pond and outlet structure was constructed for the attenuation of flood flows and to improve water quality Bassett Creek park pond and outlet structure • Replace outlet structure with two 36" x 58.5" arch reinforced concrete pipes and dredge ponds Edgewood embankment • Pond water to reduce flow downstream; however pond is modeled to overtop during a 1-percent chance design event • Installation of gabions is designed to prevent erosion downstream Channel crossing improvements at 34th Avenue N, 32nd Avenue N, Brunswick, Douglas Drive, Edgewood Avenue, Georgia Avenue, 36th Avenue N, and Hampshire Avenue • Repair culverts and crossings that were failing and impeding flows Markwood Channel improvements (8' x 4' box culvert) • Box culvert improved capacity of system and prevented water from flooding upstream City of Crystal Local Surface Water Management Plan Page 26 CITY OF CRYSTAL – LO CAL S U RFACE W ATER MANAG EMENT PLAN Section 6 – System Assessment Previous sections of this Local Surface Water Management Plan (LSWMP) provide background on the physical and regulatory forces shaping surface water management in Crystal. This section describes problems and challenges of specific waters, neighborhoods or programs identified by the City, watershed organizations and others. Minnesota Statutes and Rules and Metropolitan Council guidance documents require “issues and corrective actions” or “problems and corrective actions” as elements of Local Surface Water Management Plans. The intent of this section is to serve the same purpose as this issue or problem identification requirement but to augment this with a broader assessment of the challenges facing Crystal. The assessment includes storm water management issues identified by the City, the two watersheds with jurisdiction within the City, and other state and federal agencies. 6.1 STORMWATER MANAGEMENT ISSUES AND POSSIBLE CORRECTIVE ACTIONS The following list of items presented in Table 6.1 represent current storm water management issues or concerns as identified by the documents included in Section 4 of this plan. It is not the intent of this list to include all of the current storm water management issues identified in the watershed documents in Section 4, only those issues with a possible corrective action that directly affects the City. The implementation of the possible corrective actions will be addressed in the implementation section (Section 8). City of Crystal Local Surface Water Management Plan Page 27 Table 6.1 - Storm water Management Issues and Possible Corrective Actions 1 Water -shed ID2 Storm water Issue Issue Category Issue Identified by: Possible Corrective Actions SC Flooding in the Memory Lane, Hagemeister, and Gaulke pond system (Crystal typically pumps down the Gaulke Pond on average once a year to a storm sewer that drains to Twin Lakes). Water Quantity City • Expand the flood-stage capacity of existing ponds where feasible. SC Increased impervious surface as watershed becomes fully developed will increase the duration and frequency of bank full conditions and should be addressed and monitored. Water Quantity SCWMC-WMP • Encourage the reduction of impervious surface by promoting low impact development principles and strategies for new development and redevelopment projects. • Consider changes to the zoning ordinance to explicitly allow one or more types of permeable pavement, reduce the minimum number of parking spaces required, or institute a maximum number of parking spaces allowed. • Implement the abstraction standards identified in the Shingle Creek WMP. SC Standards that have prevented flooding potential as the Shingle Creek watershed has developed should be continued or enhanced as development is completed. Water Quantity SCWMC-WMP • New development or redevelopment projects shall not increase the existing 100-year peak rate from the site. • Protect key flood storage areas, wetlands, ditches, and drainageways and maintain channel capacity. • Seek opportunities to provide additional rate control to reduce the 100-year peak discharge rate from Crystal. SC Water quality and stability of Shingle Creek should be improved. Water Quality SCWMC - Shingle Creek Corridor Study, WMP • Improvement projects or management strategies shall not increase the 100-year elevation of Shingle Creek nor its tributaries or floodplain storage areas. • Any fill that impacts flood storage in wetlands or floodplains shall be mitigated with compensating storage within the same subreach or reach. SC Shingle Creek Chloride TMDL - Excessive chloride levels in Shingle Creek. Water Quality Shingle Creek Chloride TMDL • Incorporate the implementation plan activities into the City SWPPP. • Calibrate salt spreaders annually. 1 This storm water management issues list only includes those issues directly affecting the City of Crystal, as identified by any of the documents listed in Section 4, and is not meant to incorporate all of the storm water management issues identified in the documents in Section 4. 2 Designates if the storm water issue is in the Shingle Creek (SC) and/or Bassett Creek Watershed (BC). 3 Item identified in Table 12-2 or 12-3 of the BCWMC WMP. City of Crystal Local Surface Water Management Plan Page 28 Water -shed ID2 Storm water Issue Issue Category Issue Identified by: Possible Corrective Actions • Use the Road Weather Information Service and other sensors to improve salt application decisions. • Evaluate new technologies on an annual basis. • Investigate and adopt new salt products, such as Clear Lane, where feasible and cost effective. • Maintain good housekeeping practices associated with the handling of road salt to minimize the potential for wash-off. • Provide operator training. • Stockpile snow away from sensitive areas. • Sweep City streets in late winter to remove as much residual salt as possible. • Track and report activities in annual NPDES report and provide a copy to the Commission. SC General water resource water quality degradation Water Quality SCWMC-WMP • Work with SCWMC to develop management plans for affected water resources. SC Twin/Ryan Lakes TMDL – Water quality in Twin Lake Chain shall meet the TMDL Waste Load Allocation Water Quality SCWMC-WMP • Twin Lake DNR Wetland 639W improvements, which shall either consist of diverting flows or increasing storage. – Completed • Construct Becker Park Storm Water Infiltration Gallery – Construction in 2019 • Twin Oak Pond - Construction of a water quality pond adjacent to Twin Oak Park receives the first flush of flows from the Bass Lake Road Trunk Storm Sewer. - Completed • Work with SCWMC to develop a Twin Lake Management Plan. • Promote good housekeeping practices among property owners in Twin Lake Chain's subwatershed. • Sweep streets at least twice annually. • Incorporate storm water management BMPs with City projects, commercial, and residential redevelopment. • Require at a minimum the abstraction of 1.0" of runoff from new impervious surfaces per Commission/NPDES requirements City of Crystal Local Surface Water Management Plan Page 29 Water -shed ID2 Storm water Issue Issue Category Issue Identified by: Possible Corrective Actions SC Wetland protection and restoration Water Quality SCWMC-WMP • Wetland mitigation should be provided within the same subwatershed. • Prioritize wetlands and complete wetland functions and values assessment. • Establish buffer strip requirements adjacent to wetlands and watercourses. • Identify wetland restoration possibilities and construct or encourage the construction of restoration projects. BC Flooding issues adjacent to North Branch Bassett Creek Water Quantity BCWMC-WMP • Investigate home low opening elevations adjacent to the North Branch of Bassett Creek to identify potential flooding issues. • Repair areas obstructing creek flows. BC Water quality in the North Branch of Bassett Creek Water Quality BCWMC-WMP • Corrective actions to address impaired waters list, including E. coli. BC Erosion/sedimentation along the North Branch of Bassett Creek Water Quality BCWMC-WMP • Review the results of the stream inventory that was completed in 2008. • Develop stream restoration projects for eroding sections of the creek. BC Maintenance of the North Branch of Bassett Creek Flood Control Structures Water Quantity BCWMC-WMP • Annually inspect flood control structures and remove any sediment, debris, and repair any failing structures. • BCWMC will assist in funding larger structural repair projects. 6.2 WETLAND INVENTORY AND ASSESSMENT Wetlands play an important part of the natural storm drainage system, and help to maintain water quality, reduce flooding and erosion, provide food and habitat for wildlife, and provide open spaces and natural landscape for residents to enjoy. Protecting wetlands is an important element to water resource protection and is apparent in the current Metropolitan Council's Water Resources Management Policy Plan and both the Shingle Creek and Bassett Creek Watershed Management Plans. Watershed and Metropolitan Council policies either advise or require that a wetland function and value assessment be completed for each of the wetlands located within the City. These function and values assessments lead to wetland management protection standards in areas such as: • Pretreatment requirements • Limitations to bounce and inundation • Buffer widths City of Crystal Local Surface Water Management Plan Page 30 Function and values assessments allow the City and watersheds to prioritize wetlands for both protection and potential enhancement. All wetlands would have a base level of protection as provided by the Wetland Conservation Act, state permits, and local policies. However, augmented protection standards could be provided for particular types of wetlands identified through the assessment. The function and values assessments use the Minnesota Routine Assessment Method (MnRAM). MnRAM is a widely accepted set of protocols to assess the values of wetlands based on their ability to perform desired functions, such as improving water quality, reducing flow rates, and providing fish and wildlife habitat. The assessment evaluates characteristics such as plant community diversity and structure, connectivity to other habitat types, location in the watershed, and a wide range of other factors. The following functions are typically assessed for each wetland: • Wildlife Habitat • Wetland Water Quality • Fishery Habitat • Shoreline Protection Value (for wetlands fringing lakes) • Amphibian Habitat • Groundwater Interaction • Aesthetics/Recreation/Education • Restoration Potential • Commercial Value • Protection of Downstream Water Quality • Maintenance of Hydrologic Regime • Wetland Water Quality • Floodwater Storage • Stormwater Sensitivity • Protection of Downstream Water Quality • Stormwater Pretreatment Needs For each assessed wetland, MnRAM outputs a rating of Exceptional, High, Moderate, Low, or Not Applicable (N/A) for each of these functions. These ratings form the basis for wetland management standards. The City is using an incremental approach to completing their Wetland Inventory. The Wetland Inventory will include a field inventory of all wetlands identified in the City and an evaluation of the functions and values of each wetland. Details regarding the implementation process necessary to complete the Wetland Inventory are included in Section 8. 6.3 WATER QUALITY MONITORING Water quality data is being gathered by the Shingle Creek and Bassett Creek Watershed Management Commissions within the boundaries of the City of Crystal and immediately adjacent to the City boundaries to gather data for TMDLs, impaired waters, and water quality policies established in watershed management plans. The respective watersheds collection the information and have it available on their websites. City of Crystal Local Surface Water Management Plan Page 31 6.4 IMPAIRED WATERS AND TOTAL MAXIMUM DAILY LOADS (TMDLS) The list of Impaired Waters is known as the 303(d) list from the applicable section of the federal Clean Water Act; these waters are ones that do not currently meet their designated use due to the impact of a particular pollutant or stressor. If monitoring and assessment indicate that a waterbody is impaired by one or more pollutants, it is placed on the list. At some point a strategy would be developed that would lead to attainment of the applicable water quality standard. The process of developing this strategy is commonly known as the Total Maximum Daily Load (TMDL) process and involves the following phases: 1. Assessment and listing 2. TMDL study 3. Implementation plan development and implementation 4. Monitoring of the effectiveness of implementation efforts As delegated by the Environmental Protect Agency (EPA), the Minnesota Pollution Control Agency (MPCA) is responsible for implementing the requirements of the federal Clean Water Act. Information on the MPCA program can be obtained at the following web address: http://www.pca.state.mn.us/water/tmdl/index.html. Four waterbodies within the City of Crystal are currently identified on the state list of Impaired Waters: Bassett Creek, North Branch of Bassett Creek, Upper Twin Lake, and Middle Twin Lake. In addition, three other waterbodies in adjacent communities receiving discharge from Crystal are currently identified on the state list of Impaired Waters: Shingle Creek, Lower Twin Lake, and Ryan Lake. The Twin Lakes chain (Upper, Middle, Lower, and Ryan Lakes) has an approved TMDL for Total Phosphorus. Shingle Creek has an approved TMDL for Chloride, dissolved oxygen (DO), impaired biota, and E. coli. Bassett Creek and North Branch of Bassett Creek impairment is addressed by the Upper Mississippi River Bacteria TMDL Study. Crystal has integrated activities from the respective TMDL implementation plans into both its SWPPP and the implementation program presented in Section 8 of this LSWMP. Regarding the City’s role in future TMDLs and TMDL Implementation Plans, the City recognizes that the responsibility for completion and implementation of the TMDL studies lies with the primary stakeholders contributing to the impairment. The City intends to cooperate with the watersheds in the development of the TMDL studies, acknowledging that the watersheds will take the lead on these studies. It is the intention of the City to fully implement the items and actions identified in existing and future TMDL Implementation Plans and designate adequate funding for these efforts. A map of impaired waters is available online through the Minnesota Pollution Control Agency: https://www.pca.state.mn.us/water/impaired-waters-viewer-iwav City of Crystal Local Surface Water Management Plan Page 32 6.5 COMPARISON OF REGULATORY STANDARDS Development and redevelopment within Crystal is subject to review from the City and one of the two watershed management organizations having jurisdiction in the City. The City recognizes that compliance with the BCWMC and SCWMC requirements is their responsibility as LGU, and they will continue to take this responsibility. The City will see that projects that fall within watershed review authority have obtained watershed comments and approval prior to Crystal issuing permits for the project. Each watershed has established rules governing storm water management and protection of natural resources in their watershed management plans. Their goals and policies overlap Crystal's standards in some respect and cover ground not covered by Crystal in other respects. Ultimately, it is not the goal of Crystal's Local Surface Water Management Plan that watershed and Crystal regulatory programs be identical. Rather, it is the goal of this plan that the regulatory programs are compatible and that it be understood that if one entity’s regulations are silent on a subject another entity’s may not be. Project proposers should take care that all standards are considered. In all cases, where rules or ordinance diverge, the more restrictive will be used by Crystal. City of Crystal Local Surface Water Management Plan Page 33 Table 6.2 - Existing City Performance Standards Official Control Regulatory or Cooperating Agency Performance Standards Floodplain Management DNR, Watersheds • A zoning provision which regulates the placement of fill and/or a structure in the floodplain, which is the land affected by the 100-year regional flood Watersheds • City’s minimum building elevations are consistent with BCWMC requirements. • Floodplain requirements are consistent with the BCWMC’s requirements regarding no net loss of floodplain storage and no increase in flood level. Erosion and Sediment Control MPCA/ Watersheds • Storm water management plan submittal • Dewatering treatment • Waste and materials management • Tracking • Inlet protection • Soil stabilization within 14 days • Sediment control consisting of sediment basins for sites > 10 acres and for sites < 10 acres silt fence or other approved measures • Stockpile protection • Fines Water Quality MPCA/ Watersheds • City Code has been updated to be consistent with Bassett Creek Watershed and Shingle Creek Watershed Commission requirements for water quality treatments and buffer requirements. Water Quantity MPCA/ Watersheds • Storm water management plan submittal • Match existing rates for the 2, 10, and 100-year storm events • Prevention of accelerated channel erosion • Sequencing of preferred treatment options: infiltration, flow attenuation by using open space, storm water retention, and storm water detention Shoreland Protection DNR • City code language Illicit Discharge Detection and Elimination MPCA • City code language Lawn Fertilizer Application Control City • City code language Wetland Management BWSR/ Watersheds • City Code has been updated to be consistent with Bassett Creek Watershed and Shingle Creek Watershed Commission requirements for buffer requirements. Storm Sewer Utility City • Charges for the improvement, maintenance, and operation of the storm sewer system City of Crystal Local Surface Water Management Plan Page 34 6.6 NORTH BRANCH BASSETT CREEK STREAM INVENTORY As a requirement of the 2004 BCWMC WMP, the City completed a stream inventory of North Branch Bassett Creek in 2008. The inventory shows that the majority of the issues along the stream are failing/eroding streambanks. Some of the other problems encountered are culvert failures, debris in the stream, and failing retaining walls, with segment 5 experiencing the worst of the erosion problems. A more detailed discussion regarding the cost for doing repairs and amount of streambank that could be repaired on an average annual basis has been provided in Section 8.1.4. CITY OF CRYSTAL – LO CAL S U RFACE W ATER MANAG EMENT PLAN Section 7 – Goals and Policies 7.1 GENERAL This section outlines the City’s goals and policies for storm water management. The goals identified in this section represent broad storm water management categories aimed at addressing the purposes of storm water management planning identified in Minnesota State Statute 103B.201, as follows: 1. Protect, preserve, and use natural surface and groundwater storage and retention systems; 2. Minimize public capital expenditures needed to correct flooding and water quality problems; 3. Identify and plan for means to effectively protect and improve surface and groundwater quality; 4. Establish more uniform local policies and official controls for surface and groundwater management; 5. Prevent erosion of soil into surface water systems; 6. Promote groundwater recharge; 7. Protect and enhance fish and wildlife habitat and water recreational facilities; and 8. Secure the other benefits associated with the proper management of surface and groundwater. The specific policies under each goal will guide implementation of the Local Surface Water Management Plan to achieve the particular storm water management goals and provide consistency between the City’s policies, those of the two watersheds with jurisdiction within the City, and any items identified as a result of an approved TMDL implementation plan. 7.2 SURFACE WATER GOALS AND POLICIES The following goals and policies reflect current City policy and the City’s current Storm water Pollution Prevention Program (SWPPP), as well as additional goals and policies necessary for consistency with the goals and policies of State, regional, and local watershed authorities. 7.2.1 WATER QUANTITY Goal 1: Control the rate of storm water runoff from development and redevelopment to minimize the impact on downstream structures and water resources. Policy 1.1: Peak storm water runoff rates from new development, redevelopment, and site expansion projects must not exceed the existing rates for the 2-year, 10-year, and 100-year storm events; or exceed the capacity of downstream conveyance facilities; or contribute to downstream flooding. City of Crystal Local Surface Water Management Plan Page 35 Policy 1.2: New storm sewer conveyance systems must be sufficient for the five-year recurrence design storm over their direct drainage as determined by the rational method or other method approved by the City Engineer. However, where existing downstream systems are not sufficiently sized for this conveyance capacity then a lesser conveyance system design capacity must be used. Policy 1.3: In addition to the 5-year storm sewer design criteria, storm sewer systems must be designed to convey the 100-year ponded outflow from any tributary pond, wetland, lake or other storm water storage facility. This 100-year ponded conveyance capacity is added to that necessary for the five-year direct drainage capacity. Policy 1.4: The City will seek opportunities to upgrade existing systems to provide the conveyance capacity described above. However, limitations in downstream storm sewer capacity may preclude this. Policy 1.5: All drainage system analyses and designs will be based on proposed full development land use patterns. 7.2.2 WATER QUALITY Goal 2: Improve the quality of storm water runoff discharging to the City’s lakes, streams, and wetlands. Policy 2.1: The City is committed to reviewing new development, redevelopment, and site expansion projects in the context of nondegradation, and will require BMPs necessary to maintain or reduce existing total phosphorus, total suspended solids, and storm water runoff volume loads discharging to public waters and watercourses, where feasible. Policy 2.3: New water quality ponds and other site Best Management Practices shall provide an aggregate water quality volume that meets the water quality volume identified in the Permanent Storm water Management System requirements of the NPDES construction site permit. Where water quality ponds are used for all or a portion of this water quality volume, the applicable design standard will be a permanent pool volume for runoff from a 2.5-inch 24-hour rainfall. This shall supersede the construction site permit requirements only when the City standard leads to a larger permanent pool volume. Policy 2.4: For sites that do not trigger the permanent storm water management controls of the NPDES construction site permit, Best Management Practices must be used to accomplish no increase in pollutant loading or water volume loading over existing conditions. As stated in Policy 2.2, it is the City’s intent to seek reductions in pollutant and water volume loading over existing conditions, wherever feasible. City of Crystal Local Surface Water Management Plan Page 36 Policy 2.5: Existing City Code requires that storm water detention facilities have a skimming device to keep oil, grease, and other floatable material from moving downstream into public waters. In addition to the ordinance provisions, these facilities shall be designed to provide skimming (1-foot below the pond normal water elevation) of floatable debris for up to the 5-year, 24-hour storm event, beyond which over- topping the skimmer may occur. Policy 2.6: Consistent with the WMO design standards, new water quality ponds shall be designed to maintain an average depth of four feet or greater for large ponds or three feet or greater for ponds with less than 3 acre-feet of wet volume. Pond maximum depth shall be no deeper than 10-feet. Policy 2.7: The Bassett Creek and Shingle Creek Watershed Management Commissions have their own water quality performance standards and thresholds for projects that fall under these standards. When considering the use of Best Management Practices to meet NPDES, City or Watershed standards all three performance standards must be checked. The standard that leads to the highest level of water quality (typically defined as the higher phosphorus reduction capacity) shall be the applicable standard for that particular project. Policy 2.8: As required by City Ordinance Section 530.15, any person wishing to obtain a building permit, zoning or subdivision approval must consider the following storm water management practices in the following descending order of preference: 1. Natural Infiltration of precipitation on-site 2. Flow attenuation by use of open vegetated swales and natural depressions 3. Storm water retention facilities 4. Storm water detention facilities In addition to the ordinance provisions an applicant must consider using the following water quality BMPs: • Bioretention • Infiltration/filtration • Storm water recycling and reuse for irrigation (e.g. cisterns, rain barrels) • Preserving natural topography and land cover • Using natural swales and depressions as they currently exist Additional information regarding these BMPs as well as other strategies that will minimize future impacts to water resources can be found in the Minnesota Storm water Manual, at http://www.pca.state.mn.us/water/stormwater/stormwater- manual.html. Policy 2.9: Redevelopment projects that propose to increase the existing impervious area by any amount shall provide water quality treatment and volume management capacity such that existing runoff volume, existing phosphorus load, and existing total suspended solids load are all maintained or reduced. City of Crystal Local Surface Water Management Plan Page 37 Policy 2.10: Redevelopment projects that disturb more than 50% of the site and also meet Shingle Creek Watershed Management Commission project review thresholds must meet Shingle Creek’s rules for the entire site development and not just the new impervious area. This policy applies to areas within Shingle Creek jurisdiction only. Policy 2.11: Small redevelopment projects that do not trigger the permanent storm water management controls described above must consider feasible and practical Best Management Practices (BMPs) to reduce existing runoff volume, phosphorus loads, and total suspended solids loads. If no BMPs are found feasible, then the project submittals must include a narrative or other description of how site constraints make this so. Policy 2.12: Consistent with City ordinance, Section 665, the City prohibits the application of fertilizer which contains any amount of phosphorus or other compound containing phosphorus, such as phosphate, except when an exemption included in Section 665 can be claimed. Policy 2.13: Storm water detention facilities and other Best Management Practices used to meet the storm water management policies and ordinances of the City of Crystal shall be designed according to the most current guidance as reflected in the Minnesota Pollution Control Agency’s “Protecting Water Quality in Urban Areas” and their “Minnesota Storm water Manual.” Where storm water detention facilities are the BMP of choice, these should be designed according to best practices and the requirements of Section 530.15 of Crystal’s Ordinance. Policy 2.14: The City will update its City Code Section 530 to include the performance standards for water quality. 7.2.3 FLOOD CONTROL Goal 3: Provide a reasonable level of storm water flood protection within the City to minimize property damage and limit public capital and maintenance expenditures due to storm water flooding. Policy 3.1: Crystal will review and update as necessary its Floodplain Overlay District Ordinance as required by FEMA and the Minnesota DNR, or as needed for compliance with watershed standards, to ensure adequate protection for structures and eligibility for flood insurance programs. Policy 3.2: Crystal will require that low floor elevations of adjacent structures be a minimum of 2 feet above the established 100-year High Water Level of the adjacent waterbody or watercourse. Policy 3.3: Wherever feasible, overflow routes from storm water basins and low areas shall be established and maintained to provide relief during storms which exceed design conditions. Policy 3.4: The City will preserve existing storage volumes in storm water ponds and other storm water storage facilities. The City will seek to preserve natural storage on City of Crystal Local Surface Water Management Plan Page 38 the landscape when this storage is not otherwise protected by existing ordinance, rules or law. Policy 3.5: The City of Crystal will prohibit encroachment that reduces the storage capacity of floodplains, unless approved by the jurisdictional watershed and/or compensatory floodplain storage is provided. Policy 3.6: The City of Crystal will permanently secure access to storm water ponds, and other components of its drainage system by requiring the dedication of land and/or protective easements; which includes the preservation of wetlands, drainageways, floodplains, and open waterbodies used for storm water storage. Policy 3.7: Regulate land development within the Floodplain Overlay District to ensure that floodplain capacity and flood elevations are not adversely impacted by development, and that new structures are protected from damage. Policy 3.8: Crystal adopts the official 100-year floodplain elevations for the North Branch of Bassett Creek, Bassett Creek Park Pond, and Edgewood Pond as identified in the current BCWMC Watershed Management Plan. 7.2.4 GROUNDWATER AND VOLUME MANAGEMENT Goal 4: Reduce pollutant loads to waterbodies and encourage groundwater recharge and protection by reducing the volume of storm water runoff from development, redevelopment, and street reconstruction projects. Policy 4.1: The NPDES construction activity permit requires that new development and redevelopment that falls under the permanent storm water management requirements of that permit provide a one-inch water quality volume for all new impervious surfaces within the tributary area of an impaired water. Where site conditions allow, at least 1-inch of runoff must be infiltrated per Commission/NPDES requirements. The City will require new development and redevelopment to provide runoff volume control BMPs that infiltrate runoff from impervious surfaces, taking into consideration site limitations including, but not limited to: soil conditions, depth to groundwater, groundwater protection concerns, and the presence of industrial activity. Other methods of runoff volume abstraction (volume management techniques) that achieve a level of benefit equivalent to the standard could also be used, pending City approval. Policy 4.2: Where specific projects do not trigger the permanent storm water management requirements of the NPDES construction activity permit, the City will nonetheless endeavor to retrofit ½-inch of volume management to the new impervious surface of the project. Policy 4.3: In all projects regardless of whether they meet the permanent storm water management requirements of the NPDES construction site permit, the City will endeavor to retrofit volume management practices to existing impervious surfaces, to the extent practical. City of Crystal Local Surface Water Management Plan Page 39 Policy 4.4: As a means of meeting volume management standards, the City will encourage minimization of impervious surface, disconnection of hard surfaces, and promote the preservation of natural vegetation. Goal 5: In the effort to recharge groundwater, the City will also take efforts to prevent pollutants from entering the groundwater system. Policy 5.1: The City will follow the guidance identified in the Minnesota Storm water Manual for the siting of infiltration systems to prevent pollution of the groundwater. 7.2.5 EROSION AND SEDIMENT CONTROL Goal 6: Prevent sediment from construction sites from entering the City’s surface water resources. Policy 6.1: As per City Code Section Crystal will continue to enforce the existing erosion control ordinance for all sites requiring a building permit subdivision approval, or other permit to allow land disturbing activities. The current ordinance has provisions for submittal, review, approval, erosion control, and sediment control, pollution prevention, dewatering and tracking. Policy 6.2: The City will update its erosion and sediment control ordinance to incorporate the policies identified in the Water Management Organizations and MPCA Construction General Permit, where applicable, which will include bringing its erosion control requirements up-to-date with the NPDES Construction Site General Permit and include provisions for inspection and maintenance of BMPs, final stabilization, and enforcement. 7.2.6 RECREATION, FISH AND WILDLIFE HABITAT, AND SHORELAND MANAGEMENT Goal 7: Protect and enhance opportunities for water recreation. Policy 7.1: Coordinate efforts with state, county and neighboring municipalities to enhance water-based recreation to the extent practical. Goal 8: Protect and enhance fish and water related wildlife habitats. Policy 8.1: Preserve protected waters and wetlands that provide habitat for fish spawning and wildlife. Policy 8.2: In conformance with the SCWMC the City will coordinate efforts to protect threatened and endangered species with the Minnesota Department of Natural Resources, if any are identified. Policy 8.3: In conformance with the SCWMO the City will coordinate efforts to protect areas of significant natural communities with the Minnesota Department of Natural Resources; however no significant natural areas have been identified. Policy 8.4: Management practices shall promote and encourage the use of streams and lakes as wildlife corridors. City of Crystal Local Surface Water Management Plan Page 40 Policy 8.5: The City will cooperate with the SCWMC to encourage the restoration of shoreline by the establishment of native shoreline buffers and stabilizing eroding shorelines. Goal 9: Conserve and protect shoreland areas within the City. Policy 9.1: In conformance with the Twin Lakes Chain TMDL management efforts will seek to protect non-disturbed shoreland areas and restore disturbed shorelines and streambanks to their natural state, where feasible. Policy 9.2: Management efforts will seek to preserve streambank and lakeshore vegetation during and after construction projects, and create buffer zones along shorelines where natural vegetation is maintained. Policy 9.3: Investigate the need for and, if necessary develop a shoreland ordinance as part of the zoning ordinance. 7.2.7 WETLAND, LAKE, AND STREAM MANAGEMENT Goal 10: Protect and preserve wetlands to maintain or improve their function and value. Policy 10.1: The City will continue to enforce City Code Section regarding wetland protection and in accordance with the WCA standards. The City is the LGU for enforcing the WCA within their municipal boundaries. The City will request assistance from SCWMC and BCWMC when the situation warrants watershed assistance. Policy 10.2: The City will annually inspect wetlands classified as Preserve for terrestrial and emergent aquatic invasive vegetation, such as buckthorn and purple loosestrife, and attempt to control or treat invasive species, where feasible. Policy 10.3: The City will complete the functional assessment of wetlands identified in the Bassett Creek Watershed Management Commission and Shingle Creek Watershed Management Commissions Water Management Plans on a case-by- case basis. Assessments in the Shingle Creek Watershed Management Area were completed for priority wetlands by the middle of 2010. The priority wetlands for Crystal are the Memory Lane Pond System, wetland 639W, and the wetland between Upper and Middle Twin Lakes. Policy 10.4: The City updated its wetland management provisions identified in City Code Section to include wetland management standards that are based on the wetland functions and values assessment. Policy 10.5: Wetland alterations, where allowed, shall be managed according to City Code Section. If the impact of an alteration is unavoidable, it should be mitigated through replacement, wetland restoration, and/or improvements to existing wetland function and value. Policy 10.6: The City will coordinate wetland regulation with review agencies - the City, the State, the U.S. Army Corps of Engineers, and the local watershed authorities. City of Crystal Local Surface Water Management Plan Page 41 Policy 10.7: The City requires that a delineation of all wetlands within a project site be completed and that a report detailing the delineation findings be provided. Policy 10.8: The City of Crystal will obtain a function and values assessment of all wetlands within a project site. This requirement, but not the delineation requirement, will be waived if the City is in possession of a prior functions and values assessment that is no more than five years old. Policy 10.9: On public projects the City will perform a function and values assessment for wetlands within the City and downstream of the project area. Buffer width may be used as a means of partially satisfying its water quality and volume management standards (preservation or restoration of natural vegetation). Policy 10.10: As per City Code Section 530.15 the pretreatment requirements are described in the water quantity, water quality, and volume management policies. Policy 10.11: The City will seek expanded buffers for all wetlands when direct drainage from project sites cannot be practically collected and treated in a water quantity, water quality or volume management BMP. Goal 11: Manage lakes and creeks to improve water quality. Policy 11.1: The City of Crystal adopts the waterbody classifications, goals and subsequent water quality management standards developed by the BCWMC and SCWMC. Additionally, the City adopts the water quality performance standards and the current version of the BCWMC Requirements for Improvements and Development Proposals (2017, as amended). Policy 11.2: The City will continue to implement water quality improvements such as raingardens and infiltration practices with its street reconstruction program to meet the phosphorus load reduction for the Twin and Ryan Lakes TDML. Policy 11.3: According to the requirements of its MS4 permit and guidance provided in this LSWMP. The City of Crystal will make the necessary modifications to its SWPPP to include implementation priorities and action to meet the TMDL Waste Load Allocation for the Twin and Ryan Lakes Chain. Policy 11.4: The City will continue activities identified in its SWPPP to meet its obligation under the Shingle Creek Chloride TMDL Implementation Plan. The following are key areas the City will focus on: product application and equipment decisions, product stockpile management, product type and quality, operator training, clean-up and snow stockpiling, and ongoing research into salt alternatives. Policy 11.5: Upon approval of a TMDL Implementation Plan for the impaired waters the City will review whether modifications to the City’s SWPPP are warranted to address the TMDL Waste Load Allocation (WLA) identified by the TMDL process. The SWPPP update process to address TMDL WLAs and implementation activities follows the direction of the City’s MS4 Permit. The City intends to coordinate TMDL implementation efforts with outside agencies to address the items identified in the TMDL Implementation Plans. 7.2.8 PUBLIC PARTICIPATION, COORDINATION, AND EDUCATION City of Crystal Local Surface Water Management Plan Page 42 Goal 12: Coordinate the implementation of storm water management efforts with the watersheds, adjacent municipalities, and City residents according to the commitments made in Crystal’s SWPPP. Policy 12.1: In conformance with its SWPPP, Crystal established an Environmental Quality Commission to develop recommendations in coordination with other entities such as community groups, nonprofit organizations, lake conservation districts, soil and water conservation districts, Shingle Creek and Bassett Creek Water Management Organizations, school districts, the University of Minnesota Extension, Hennepin County and regional, state and federal agencies. Its mission will be to: (1) identify the audience or audiences involved, (2) educational goals for each audience in terms of increased awareness, increase understanding, acquired skills and/or desired changes in behavior, (3) activities used to reach educational goals for each audience, (4) activity implementation plans, including assigning responsibilities for given activities and schedules, and (5) developing performance measures that can be used to determined success in reaching educational goals. Policy 12.2: Review recommendations from the Environmental Quality Commission. Policy 12.3: Implement a public participation project such as adopt-a-lake or storm drain stenciling. Policy 12.4: Coordinate with the Shingle Creek and Bassett Creek Water Management Organizations to develop defensible engineering and technical standards for runoff volume, rate control, and water quality consistent with NPDES Phase II and more specifically addressing local needs. Policy 12.5: Continue the training program for all City staff, especially Public Works, regarding threats to water quality and how best to address these problems. Policy 12.6: Communicate with the BCWMC and SCWMC regarding the implementation, schedule, and funding of the storm water management improvements identified in the LSWMP and Watershed Management Plans. Policy 12.7: Crystal forwards development plans to the watersheds for their review. Policy 12.8: Work with adjacent municipalities and the watersheds in planning and implementing mutually beneficial regional storm water management improvements. Policy 12.9: Use available opportunities through its newsletter, website, public meetings, Comprehensive Plan, or interpretive elements at parks and open space sites to inform its residents about the value of local water resources, the effects of storm water runoff, and opportunities for stewardship of water and natural resources. Policy 12.10: Work with local watershed management organizations, Hennepin County, and others when appropriate and as resources are available to participate in City of Crystal Local Surface Water Management Plan Page 43 resource management plans or studies that benefit water and natural resources. Policy 12.11: In conformance with SCWMC Policy the City will review their education and public outreach program and adopt applicable requirements. 7.2.9 POLLUTION PREVENTION Goal 13: Detect and address urban pollutants discharged to storm sewers. Policy 13.1: The City will address pollutant sources through enforcement of codes and public education. Policy 13.2: Implement the hazardous materials response procedures as administered through the West Metro Fire Services. Policy 13.3: The City will complete employee training in the operation, maintenance and inspection of storm water facilities, as included in the SWPPP. Policy 13.4: The City will monitor storm sewer outfalls for pollutants as outlined in the City’s NPDES permit. Policy 13.5: The City will prohibit the discharge of foreign material into the storm water system. Such material shall include, but not be limited to, waste oil, paint, grass clippings, leaves, and ecologically harmful chemical. Policy 13.6: The City will continue to address the proper application of pesticides, herbicides, and fertilizers through internal City staff training and public education, as included in the SWPPP. Policy 13.7: The City will not allow the drainage of sanitary sewer or non-permitted industrial wastes onto any land or into any watercourse or storm sewer discharging into Bassett Creek or Shingle Creek. 7.2.10 MONITORING AND MAINTENANCE Goal 14: Maintain the function and effectiveness of storm water management structures through monitoring and maintenance. Policy 14.1: In conformance with City Code the City will require that an operation and maintenance plan for all proposed storm water management BMPs be submitted with all development and redevelopment projects. Policy 14.2: In conformance with City Code the City will inspect and monitor the construction and installation of all new storm water facilities and require that such facilities be surveyed to create as-built drawings. Policy 14.3: As per the City SWPPP Crystal will inspect and maintain City storm water facilities, with minimum inspection and maintenance responsibilities as follows: City of Crystal Local Surface Water Management Plan Page 44 1. Maintenance activities include, but are not limited to, removal of floating material, clearing of blocked inlets, pipes or structures, street sweeping to remove debris and litter, repairing eroded ground, reestablishing ground cover and dredging sediment from ponds. 2. The City will inspect storm water management facilities after major precipitation events and in response to complaints or input from the general public or other government agencies. Certain facilities will be inspected more frequently as warranted. 3. The City will keep records of inspections and maintenance including dates, observations and actions taken. 4. The City will perform annual monitoring of their structural pollution control devices such as trap manholes, grit chambers, sumps, floatable skimmers and trap, separators and other small settling or filtering devices. 5. The City will annually inspect at least 20% of MS4 outfalls, sediment basins and ponds. Policy 14.4: The City will maintain the Bassett Creek flood control project features and related structures, including removing debris, vegetation, etc in accordance with the Bassett Creek Watershed Management Commission Flood Control Project (FCP) Policies document approved by the Commission on May 19, 2016 and July 21, 2016. Policy 14.5: The City of Crystal acknowledges that the Bassett Creek Watershed Management Commission has responsibility for Bassett Creek’s main channel and designated water quantity storage facilities from the Watershed Management Plan. Policy 14.6: The City will sweep City streets at a minimum two times/year. 7.2.11 FUNDING Goal 15: Secure adequate funding to support implementation of the surface water management plan. Policy 15.1: Fund implementation of the plan with revenue from the storm water utility and periodically review the storm water utility rates to determine if the revenues are adequate. Policy 15.2: Seek grant funds or other resources to assist with special projects or implementation of LSWMP goals and policies. CITY OF CRYSTAL – LO CAL S U RFACE W ATER MANAG EMENT PLAN Section 8 – Implementation Plan 8.1 OVERVIEW Section 6 - System Assessment, identifies the water resources management challenges faced by the City of Crystal. Section 7 - Goals and Policies, sets general policy direction and City aspirations towards meeting these challenges. The Crystal Local Surface Water Management Plan Implementation Plan describes specific things Crystal will do in the near term to accomplish City of Crystal Local Surface Water Management Plan Page 45 substantive improvements in its surface water discharge and thus directly address its water resource management challenges in conformance with its stated goals and polices. The Implementation Plan reflects the needs and concerns of many stakeholders including the City Council, City Staff, citizens, and watershed management organizations. The program also considers Crystal's ability to fund these items through its general levy, watershed management organization assistance, or storm water utility. Capital improvements consist of “on-the-ground” projects intended to remedy issues identified as current problems. The capital projects focus on a variety of issues including: phosphorus and chloride reduction, DO/Biotic levels, and increase infiltration. NPDES MS4 Permit Compliance refers to activities necessary to meet Crystal's obligations under its general permit coverage. These activities primarily include annual meetings, SWPPP updates, and SWPPP implementation. Operation and Maintenance items consist primarily of the general maintenance of Crystal's drainage system including ponds, storm sewer, culverts, and flood control structures. Operation and maintenance overlaps somewhat with Crystal's MS4 obligations in that certain operation and maintenance activities are specified in the City’s SWPPP. Official Controls include ordinance and policy revisions intended to achieve water quality benefits. Each proposed implementation item has a specific impetus and is identified in the tabulated implementation program later in this section. In 2018 the City updated the City Code to be in compliance with watershed management organizations, MPCA, and DNR provisions related to: • Storm water Management • Erosion and Sediment Control • Illicit Discharge Detection and Elimination • Floodplain Management • Wetland Management The City has current regulatory standards for storm water management, and these can be found in City Code. The City faces many challenges as it moves forward, due to the Twin and Ryan Lakes Chain TMDL and impairments to Bassett Creek and Shingle Creek. BCWMC water quality performance standards based on MIDS is also included in the most recent version of the BCWMC Plan. As defined in the NDPES construction activity permit, sites discharging to impaired waters will be required to provide a one-inch water quality volume, and at least ½-inch of the water quality volume must be infiltrated. The Shingle Creek Watershed Management Commission has a similar policy in that it requires that the first 1-inch of runoff volume must be abstracted from new impervious surfaces. BCWMC water quality performance standards based on MIDS are included in the most recent version of the BCWMC Plan and are adopted by reference in city code. The City's current regulatory program for Erosion and Sediment Control can be found in City Code. The City is a designated MS4; therefore they are required to develop an erosion and sediment control program and support the program through ESC ordinance adoption at a minimum. The ordinance has City of Crystal Local Surface Water Management Plan Page 46 provisions for plan review, erosion prevention, sediment control, pollution prevention, inspection and maintenance, and enforcement. The MS4 permit requires that Cities has an Illicit Discharge Detection and Elimination Program. The program must contain a regulatory component to prevent illicit discharges. An illicit discharge could be the dumping of hazardous wastes into the storm sewer or an illegal connection that would allow pollutants to enter the storm sewer system. The overarching goal of Crystal's implementation program is quite simple: to improve the quality of its surface waters, its surface water discharge, and to achieve sustainable site development practices. This will be done through capital improvements, NPDES MS4 permit compliance, performing routine operation and maintenance, and adopting/revising appropriate official controls. 8.2 WETLAND INVENTORY AND ASSESSMENT The Metropolitan Council’s current Water Resources Management Policy Plan, the Shingle Creek Watershed Management Plan, and the Bassett Creek Watershed Management Plan either advise or require that a wetland function and value assessment be completed for each of the wetlands located within the City. The City is planning on providing this wetland function and value assessment on a project by project basis, with the exception of those wetlands identified as priority by the Shingle Creek Watershed Management Commission. The wetland function and value assessment was completed in 2010 for the following priority wetlands: Memory Lane pond system, wetland 639W, and the wetland between Upper and Middle Twin Lakes. A few of the wetlands within the City already have an assessment completed and once all the wetlands within the City have been inventoried the data will be compiled and provided to the appropriate Watershed Management Organizations for incorporation into their Wetland Management Plans. Once this is completed, the City may update its Wetland Protection Standards found in City Code. 8.3 IMPLEMENTATION PROGRAM Implementation Table Project Description Funding Source Who? Continue to implement performance standards through project review and permitting Stormwater Utility City Continue to perform inspections associated for permitted projects Engineering General Fund City/Contract Periodically review City official controls and update as needed Engineering General Fund City Perform inspection and maintenance activities as documented in City SWPPP Various City Update plan and schedule to prioritize stormwater infrastructure replacement Engineering General Fund City/Contract Continue to implement stormwater and surface water education, outreach, and communication activitiesVarious City/Watershed Develop and maintain a list of BMP implementation and retrofit opportunities Engineering General Fund City/Watershed Maintain pond buffer areas Stormwater Utility City The City will sweep City streets at a minimum two times/year.Streets General Fund City Inspect storm water management facilities Engineering General Fund City Keep records of inspections Stormwater Utility City Perform annual monitoring of their structural pollution control devices Stormwater Utility City Annually inspect at least 20% of MS4 outfalls, sediment basins and ponds.Engineering General Fund City Inspect and monitor the construction and installation of all new storm water facilities Stormwater Utility City/Watershed Continue training program for Public Works staff Stormwater Utility City/Contract City of Crystal Local Surface Water Management Plan Page 48 8.4 TEN-YEAR IMPLEMENTATION PROGRAM In the Appendix B is Crystal's Storm Water Capital Improvement Program. Crystal's program follows from the issues identified within this LSWMP current assessment section. More importantly, the Implementation Program aligns with Crystal's goals and policies as presented in Section 7. The implementation program incorporates Crystal's Storm Water Pollution Prevention Plan (SWPPP) through direct reference of items that appear in the SWPPP including their potential financial impact. The implementation program summary shows planned year funding source and budgeted cost for every item. Below is a list of various sources of revenue that the City will utilize to augment municipal funding for the implementation program identified above: • Grant monies possibly secured from various agencies. This could include Watershed Management Organizations, Hennepin County, MnDOT, the MPCA, the DNR, and others. • Special assessments for local improvements performed under authority of Minnesota Statutes Chapter 429. • Revenue generated by Watershed Management Special Tax Districts provided for under Minnesota Statutes Chapter 473.882. • Other sources potentially including tax increment financing, tax abatement, state aid, and others. The City’s storm water utility is the primary source for the studies, programs, and improvements identified in this Plan. The City reviews the funding adequacy of their storm water utility in conjunction with their 5-year Capital Improvement Program update every two years. 8.3 CURRENT CITY PRACTICES Current City Practices are best summarized in the Crystal Storm water Pollution Prevention Program or SWPPP attached to this Local Surface Water Management Plan as an Appendix. These current practices provide water quality benefits through the operation of Crystal's Public Works Department. Current practices are described in the goals and policies of Section 7, and are summarized here: • Maintain current storm sewer system map • Illicit discharge detection and response action plan • Illicit discharge detection and elimination response action plan • Site operator requirements for erosion and sediment control • Construction site runoff inspection program • Annual water resource infrastructure inspection plan • Implementation of water resource infrastructure inspection plan • Infrastructure repair and maintenance • Public parking lot and street sweeping • Privately constructed water resource infrastructure performance plan • Privately constructed water resource infrastructure performance implementation 8.4 PROJECT REVIEW City of Crystal Local Surface Water Management Plan Page 49 The City and respective watershed will coordinate the review of potential developments in accordance with the management plans of the appropriate watershed. For Bassett Creek Watershed Management Commission, the requirements are outlined in the BCWMC Requirements for Improvements and Development Proposals (2017, as amended), and the review process is outlined in Section 5.1.1.1 of the BCWMC Plan and Section 3 of the Requirements document. CITY OF CRYSTAL – LO CAL S U RFACE W ATER MANAG EMENT PLAN Section 9 – Administration 9.1 REVIEW AND ADOPTION PROCESS Review and adoption of this Local Surface Water Management Plan will follow the procedure outlined in Minnesota Statutes 103B.235: After consideration but before adoption by the governing body, each local government unit shall submit its water management plan to the watershed management organization[s] for review for consistency with the watershed plan. The organization[s] shall have 60 days to complete its review. Concurrently with its submission of its local surface water management plan to the watershed management organization, each local government unit shall submit its water management plan to the Metropolitan Council for review and comment. The council shall have 45 days to review and comment upon the local plan. The council’s 45-day review period shall run concurrently with the 60-day review period by the watershed management organization. The Metropolitan Council shall submit its comments to the watershed management organization and shall send a copy of its comments to the local government unit. After approval of the local plan by the watershed management organization[s], the local government unit shall adopt and implement its plan within 120 days, and shall amend its official controls accordingly within 180 days. 9.2 PLAN AMENDMENTS AND FUTURE UPDATES This Local Surface Water Management Plan will be incorporated into the City’s Comprehensive Plan update and will be applicable until an updated plan will be required. Periodic plan amendments may be required to incorporate major changes in local practices. In particular, changes in the two applicable Watershed Management Plans may require updates to this plan. Plan amendments will be incorporated by following the review and adoption steps outlined above. The City views changes in local practice (e.g. modifications to the City’s minimum engineering standards, improved storm water system maintenance techniques, etc.) that do not impact the standards or policies identified in this plan as only minor changes in local practice, and thus would not necessitate a plan amendment or update. City of Crystal Local Surface Water Management Plan Page 50 Appendix A – CRYSTAL SWPPP www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5/31/13 Page 1 of 15 MS4 SWPPP Application for Reauthorization for the NPDES/SDS General Small Municipal Separate Storm Sewer System (MS4) Permit MNR040000 reissued with an effective date of August 1, 2013 Stormwater Pollution Prevention Program (SWPPP) Document Doc Type: Permit Application Instructions: This application is for authorization to discharge stormwater associated with Municipal Separate Storm Sewer Systems (MS4s) under the National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) Permit Program. No fee is required with the submittal of this application. Please refer to “Example” for detailed instructions found on the Minnesota Pollution Control Agency (MPCA) MS4 website at http://www.pca.state.mn.us/ms4. Submittal: This MS4 SWPPP Application for Reauthorization form must be submitted electronically via e-mail to the MPCA at ms4permitprogram.pca@state.mn.us from the person that is duly authorized to certify this form. All questions with an asterisk (*) are required fields. All applications will be returned if required fields are not completed. Questions: Contact Claudia Hochstein at 651-757-2881 or claudia.hochstein@state.mn.us, Dan Miller at 651-757-2246 or daniel.miller@state.mn.us, or call toll-free at 800-657-3864. General Contact Information (*Required fields) MS4 Owner (with ownership or operational responsibility, or control of the MS4) *MS4 permittee name: City of Crystal *County: Hennepin (city, county, municipality, government agency or other entity) *Mailing address: 4141 Douglas Drive *City: Crystal *State: MN *Zip code: 55422 *Phone (including area code): 763-531-1160 *E-mail: tom.mathisen@crystalmn.gov MS4 General contact (with Stormwater Pollution Prevention Program [SWPPP] implementation responsibility) *Last name: Mathisen *First name: Tom (department head, MS4 coordinator, consultant, etc.) *Title: City Engineer/Public Works Director *Mailing address: 4141 Douglas Drive *City: Crystal *State: MN *Zip code: 55422 *Phone (including area code): 763-531-1160 *E-mail: tom.mathisen@crystalmn.gov Preparer information (complete if SWPPP application is prepared by a party other than MS4 General contact) Last name: Schleeter First name: Brad (department head, MS4 coordinator, consultant, etc.) Title: Senior Water Resources Engineer Mailing address: STANTEC 2335 HWY 36 W City: Saint Paul State: MN Zip code: 55113 Phone (including area code): 651-604-4801 E-mail: brad.schleeter@stantec.com Verification 1. I seek to continue discharging stormwater associated with a small MS4 after the effective date of this Permit, and shall submit this MS4 SWPPP Application for Reauthorization form, in accordance with the schedule in Appendix A, Table 1, with the SWPPP document completed in accordance with the Permit (Part II.D.). Yes 2. I have read and understand the NPDES/SDS MS4 General Permit and certify that we intend to comply with all requirements of the Permit. Yes www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5/31/13 Page 2 of 15 Certification (All fields are required) Yes - I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. I certify that based on my inquiry of the person, or persons, who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of civil and criminal penalties. This certification is required by Minn. Stat. §§ 7001.0070 and 7001.0540. The authorized person with overall, MS4 legal responsibility must certify the application (principal executive officer or a ranking elected official). By typing my name in the following box, I certify the above statements to be true and correct, to the best of my knowledge, and that this information can be used for the purpose of processing my application. Name: Thomas A. Mathisen (This document has been electronically signed) Title: City Engineer/Public Works Director Date (mm/dd/yyyy): 02/24/2014 Mailing address: 4141 Douglas Drive City: Crystal State: MN Zip code: 55422 Phone (including area code): 763-531-1160 E-mail: tom.mathisen@crystalmn.gov Note: The application will not be processed without certification. www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5/31/13 Page 3 of 15 Stormwater Pollution Prevention Program Document I. Partnerships: (Part II.D.1) A. List the regulated small MS4(s) with which you have established a partnership in order to satisfy one or more requirements of this Permit. Indicate which Minimum Control Measure (MCM) requirements or other program components that each partnership helps to accomplish (List all that apply). Check the box below if you currently have no established partnerships with other regulated MS4s. If you have more than five partnerships, hit the tab key after the last line to generate a new row. No partnerships with regulated small MS4s Name and description of partnership MCM/Other permit requirements involved Shingle Creek WMO – MOU MCM 1, 3,4 and 5 Basset Creek WMO – MOU MCM 1, 3,4 and 5 B. If you have additional information that you would like to communicate about your partnerships with other regulated small MS4(s), provide it in the space below, or include an attachment to the SWPPP Document, with the following file naming convention: MS4NameHere_Partnerships. The City has a signed Memorandum of Understanding with the Shingle Creek Water Management Commission and Basset Creek Water Management Commission (WMCs). The City uses the watershed organizations to provide articles and brochures on all issues regarding stormwater protection. The district also issues their own permits on projects within the City and conducts their own review of BMPs and erosion control inspection. II. Description of Regulatory Mechanisms: (Part II.D.2) Illicit discharges A. Do you have a regulatory mechanism(s) that effectively prohibits non-stormwater discharges into your small MS4, except those non-stormwater discharges authorized under the Permit (Part III.D.3.b.)? Yes No 1. If yes: a. Check which type of regulatory mechanism(s) your organization has (check all that apply): Ordinance Contract language Policy/Standards Permits Rules Other, explain: b. Provide either a direct link to the mechanism selected above or attach it as an electronic document to this form; or if your regulatory mechanism is either an Ordinance or a Rule, you may provide a citation: Citation: Direct link: Check here if attaching an electronic copy of your regulatory mechanism, with the following file naming convention: MS4NameHere_IDDEreg. 2. If no: Describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, this permit requirement is met: The City has completed a draft ordinance document and will refine the document to include the requirements of the MPCA MS4 permit so that a new ordinance will be enacted with 12 months of the date permit coverage is extended. www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5/31/13 Page 4 of 15 Construction site stormwater runoff control A. Do you have a regulatory mechanism(s) that establishes requirements for erosion and sediment controls and waste controls? Yes No 1. If yes: a. Check which type of regulatory mechanism(s) your organization has (check all that apply): Ordinance Contract language Policy/Standards Permits Rules Other, explain: b. Provide either a direct link to the mechanism selected above or attach it as an electronic document to this form; or if your regulatory mechanism is either an Ordinance or a Rule, you may provide a citation: Citation: Direct link: http://www.crystalmn.gov/docs/city_code/CRYSTAL_CODE___CHAPTER_5_10_22_2013__2_.pdf Construction Site Stormwater Runoff Control regulatory mechanisms begin in Section 530. Check here if attaching an electronic copy of your regulatory mechanism, with the following file naming convention: MS4NameHere_CSWreg. B. Is your regulatory mechanism at least as stringent as the MPCA general permit to Discharge Stormwater Associated with Construction Activity (as of the effective date of the MS4 Permit)? Yes No If you answered yes to the above question, proceed to C. If you answered no to either of the above permit requirements listed in A. or B., describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: The City will update its erosion control ordinance to meet the requirements of this permit within 12 months of the date permit coverage is extended. C. Answer yes or no to indicate whether your regulatory mechanism(s) requires owners and operators of construction activity to develop site plans that incorporate the following erosion and sediment controls and waste controls as described in the Permit (Part III.D.4.a.(1)-(8)), and as listed below: 1. Best Management Practices (BMPs) to minimize erosion. Yes No 2. BMPs to minimize the discharge of sediment and other pollutants. Yes No 3. BMPs for dewatering activities. Yes No 4. Site inspections and records of rainfall events Yes No 5. BMP maintenance Yes No 6. Management of solid and hazardous wastes on each project site. Yes No 7. Final stabilization upon the completion of construction activity, including the use of perennial vegetative cover on all exposed soils or other equivalent means. Yes No 8. Criteria for the use of temporary sediment basins. Yes No If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: The City will update its erosion control ordinance to include recording rainfall events with the required inspection records and add criteria for the use of temporary sediment basins. This update will be completed within 12 months of the date permit coverage is extended. Post-construction stormwater management A. Do you have a regulatory mechanism(s) to address post-construction stormwater management activities? Yes No 1. If yes: a. Check which type of regulatory mechanism(s) your organization has (check all that apply): www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5/31/13 Page 5 of 15 Ordinance Contract language Policy/Standards Permits Rules Other, explain: b. Provide either a direct link to the mechanism selected above or attach it as an electronic document to this form; or if your regulatory mechanism is either an Ordinance or a Rule, you may provide a citation: Citation: Direct link: http://www.crystalmn.gov/docs/city_code/CRYSTAL_CODE___CHAPTER_5_10_22_2013__2_.pdf Post-construction Stormwater Management regulatory mechanisms begin in Section 530. Check here if attaching an electronic copy of your regulatory mechanism, with the following file naming convention: MS4NameHere_PostCSWreg. B. Answer yes or no below to indicate whether you have a regulatory mechanism(s) in place that meets the following requirements as described in the Permit (Part III.D.5.a.): 1. Site plan review: Requirements that owners and/or operators of construction activity submit site plans with post-construction stormwater management BMPs to the permittee for review and approval, prior to start of construction activity. Yes No 2. Conditions for post construction stormwater management: Requires the use of any combination of BMPs, with highest preference given to Green Infrastructure techniques and practices (e.g., infiltration, evapotranspiration, reuse/harvesting, conservation design, urban forestry, green roofs, etc.), necessary to meet the following conditions on the site of a construction activity to the Maximum Extent Practicable (MEP): a. For new development projects – no net increase from pre-project conditions (on an annual average basis) of: 1) Stormwater discharge volume, unless precluded by the stormwater management limitations in the Permit (Part III.D.5.a(3)(a)). 2) Stormwater discharges of Total Suspended Solids (TSS). 3) Stormwater discharges of Total Phosphorus (TP). Yes No b. For redevelopment projects – a net reduction from pre-project conditions (on an annual average basis) of: 1) Stormwater discharge volume, unless precluded by the stormwater management limitations in the Permit (Part III.D.5.a(3)(a)). 2) Stormwater discharges of TSS. 3) Stormwater discharges of TP. Yes No 3. Stormwater management limitations and exceptions: a. Limitations 1) Prohibit the use of infiltration techniques to achieve the conditions for post-construction stormwater management in the Permit (Part III.D.5.a(2)) when the infiltration structural stormwater BMP will receive discharges from, or be constructed in areas: a) Where industrial facilities are not authorized to infiltrate industrial stormwater under an NPDES/SDS Industrial Stormwater Permit issued by the MPCA. b) Where vehicle fueling and maintenance occur. c) With less than three (3) feet of separation distance from the bottom of the infiltration system to the elevation of the seasonally saturated soils or the top of bedrock. d) Where high levels of contaminants in soil or groundwater will be mobilized by the infiltrating stormwater. Yes No 2) Restrict the use of infiltration techniques to achieve the conditions for post-construction stormwater management in the Permit (Part III.D.5.a(2)), without higher engineering review, sufficient to provide a functioning treatment system and prevent adverse impacts to groundwater, when the infiltration device will be constructed in areas: a) With predominately Hydrologic Soil Group D (clay) soils. b) Within 1,000 feet up-gradient, or 100 feet down-gradient of active karst features. c) Within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, subp. 13. d) Where soil infiltration rates are more than 8.3 inches per hour. Yes No www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5/31/13 Page 6 of 15 3) For linear projects where the lack of right-of-way precludes the installation of volume control practices that meet the conditions for post-construction stormwater management in the Permit (Part III.D.5.a(2)), the permittee’s regulatory mechanism(s) may allow exceptions as described in the Permit (Part III.D.5.a(3)(b)). The permittee’s regulatory mechanism(s) shall ensure that a reasonable attempt be made to obtain right-of-way during the project planning process. Yes No 4. Mitigation provisions: The permittee’s regulatory mechanism(s) shall ensure that any stormwater discharges of TSS and/or TP not addressed on the site of the original construction activity are addressed through mitigation and, at a minimum, shall ensure the following requirements are met: a. Mitigation project areas are selected in the following order of preference: 1) Locations that yield benefits to the same receiving water that receives runoff from the original construction activity. 2) Locations within the same Minnesota Department of Natural Resource (DNR) catchment area as the original construction activity. 3) Locations in the next adjacent DNR catchment area up-stream 4) Locations anywhere within the permittee’s jurisdiction. Yes No b. Mitigation projects must involve the creation of new structural stormwater BMPs or the retrofit of existing structural stormwater BMPs, or the use of a properly designed regional structural stormwater BMP. Yes No c. Routine maintenance of structural stormwater BMPs already required by this permit cannot be used to meet mitigation requirements of this part. Yes No d. Mitigation projects shall be completed within 24 months after the start of the original construction activity. e. The permittee shall determine, and document, who will be responsible for long-term maintenance on all mitigation projects of this part. f. If the permittee receives payment from the owner and/or operator of a construction activity for mitigation purposes in lieu of the owner or operator of that construction activity meeting the conditions for post-construction stormwater management in Part III.D.5.a(2), the permittee shall apply any such payment received to a public stormwater project, and all projects must be in compliance with Part III.D.5.a(4)(a)-(e). Yes No Yes No Yes No 5. Long-term maintenance of structural stormwater BMPs: The permittee’s regulatory mechanism(s) shall provide for the establishment of legal mechanisms between the permittee and owners or operators responsible for the long-term maintenance of structural stormwater BMPs not owned or operated by the permittee, that have been implemented to meet the conditions for post-construction stormwater management in the Permit (Part III.D.5.a(2)). This only includes structural stormwater BMPs constructed after the effective date of this permit and that are directly connected to the permittee’s MS4, and that are in the permittee’s jurisdiction. The legal mechanism shall include provisions that, at a minimum: a. Allow the permittee to conduct inspections of structural stormwater BMPs not owned or operated by the permittee, perform necessary maintenance, and assess costs for those structural stormwater BMPs when the permittee determines that the owner and/or operator of that structural stormwater BMP has not conducted maintenance. Yes No b. Include conditions that are designed to preserve the permittee’s right to ensure maintenance responsibility, for structural stormwater BMPs not owned or operated by the permittee, when those responsibilities are legally transferred to another party. Yes No c. Include conditions that are designed to protect/preserve structural stormwater BMPs and site features that are implemented to comply with the Permit (Part III.D.5.a(2)). If site configurations or structural stormwater BMPs change, causing decreased structural stormwater BMP effectiveness, new or improved structural stormwater BMPs must be implemented to ensure the conditions for post-construction stormwater management in the Permit (Part III.D.5.a(2)) continue to be met. Yes No If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within twelve (12) months of the date permit coverage is extended, these permit requirements are met: B.2.a-b, B.3.a.1)-2): The current stormwater management ordinance does not specify BMP performance in terms of TSS and TP removal. The City will amend the post construction stormwater ordinance within the next 12 months to clarify the TSS and TP removal efficiency of BMPs and the maintenance of BMPs, specifically, ownership transfer and changes in BMP performance. B.4: The City does not allow for off-site mitigation in lieu of meeting the stormwater management requirements on-site. As this practice is more restrictive than the MS4 permit and therefore will remain, the City will not modify its regulatory www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5/31/13 Page 7 of 15 mechanisms to meet the requirements of B.4. Note: The City is bound legally to update their stormwater management requirements to be at least as stringent as the Water Management Commissions in the City. While the Shingle Creek WMC has updated their rules and standards, the Basset Creek WMC has yet to finalize their new rules. Once the Bassett Creek WMC revises the rules, the City of Crystal will take the most restrictive of the two rules and adopt them city-wide. III. Enforcement Response Procedures (ERPs): (Part II.D.3) A. Do you have existing ERPs that satisfy the requirements of the Permit (Part III.B.)? Yes No 1. If yes, attach them to this form as an electronic document, with the following file naming convention: MS4NameHere_ERPs. 2. If no, describe the tasks and corresponding schedules that will be taken to assure that, with twelve (12) months of the date permit coverage is extended, these permit requirements are met: The City will create a written procedures that will satisfy the requirements of this permit within 12 months of the date permit coverage is extended. B. Describe your ERPs: The City currently contacts the City engineer or City Inspector for direction in addressing response procedures. IV. Storm Sewer System Map and Inventory: (Part II.D.4.) A. Describe how you manage your storm sewer system map and inventory: City has an existing map of stormwater resources and structures and updates the map with Local Surface Water Management Plans updates. B. Answer yes or no to indicate whether your storm sewer system map addresses the following requirements from the Permit (Part III.C.1.a-d), as listed below: 1. The permittee’s entire small MS4 as a goal, but at a minimum, all pipes 12 inches or greater in diameter, including stormwater flow direction in those pipes. Yes No 2. Outfalls, including a unique identification (ID) number assigned by the permittee, and an associated geographic coordinate. Yes No 3. Structural stormwater BMPs that are part of the permittee’s small MS4. Yes No 4. All receiving waters. Yes No If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: C. Answer yes or no to indicate whether you have completed the requirements of 2009 Minnesota Session Law, Ch. 172. Sec. 28: with the following inventories, according to the specifications of the Permit (Part III.C.2.a.-b.), including: 1. All ponds within the permittee’s jurisdiction that are constructed and operated for purposes of water quality treatment, stormwater detention, and flood control, and that are used for the collection of stormwater via constructed conveyances. Yes No 2. All wetlands and lakes, within the permittee’s jurisdiction, that collect stormwater via constructed conveyances. Yes No D. Answer yes or no to indicate whether you have completed the following information for each feature inventoried. 1. A unique identification (ID) number assigned by the permittee. 2. A geographic coordinate. 3. Type of feature (e.g., pond, wetland, or lake). This may be determined by using best professional judgment. Yes No Yes No Yes No If you have answered yes to all above requirements, and you have already submitted the Pond Inventory Form to the MPCA, then you do not need to resubmit the inventory form below. If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5/31/13 Page 8 of 15 E. Answer yes or no to indicate if you are attaching your pond, wetland and lake inventory to the MPCA on the form provided on the MPCA website at: http://www.pca.state.mn.us/ms4 , according to the specifications of Permit (Part III.C.2.b.(1)-(3)). Attach with the following file naming convention: MS4NameHere_inventory. Yes No If you answered no, the inventory form must be submitted to the MPCA MS4 Permit Program within 12 months of the date permit coverage is extended. V. Minimum Control Measures (MCMs) (Part II.D.5) A. MCM1: Public education and outreach 1. The Permit requires that, within 12 months of the date permit coverage is extended, existing permittees revise their education and outreach program that focuses on illicit discharge recognition and reporting, as well as other specifically selected stormwater-related issue(s) of high priority to the permittee during this permit term. Describe your current educational program, including any high-priority topics included: The current public education program includes distributing brochures and educational materials at City Hall, links to stormwater management in the City along with City ordinances on the City's website, submitting articles on water quality issues to the local paper and city newsletters. 2. List the categories of BMPs that address your public education and outreach program, including the distribution of educational materials and a program implementation plan. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the U.S. Environmental Protection Agency’s (EPA) Measurable Goals Guidance for Phase II Small MS4s (http://www.epa.gov/npdes/pubs/measurablegoals.pdf). If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes Brochures Make at least 3 MS4 related brochures available at City Hall continuously. Website Updates to the site and number of hits to the site City Newsletter Include at least 1 MS4 related articles in each edition in our quarterly newsletter The Crystal Connection. We track the number of delivered copies and variety of articles annually. Partnership with Shingle Creek and Basset Creek WMCs Maintain public education partnership with both watersheds. Continue to highlight city/watershed project partnerships on the City’s website and quarterly newsletter. The number of partnership projects varies by year, and we track the number of project highlights appearing annually. BMP categories to be implemented Measurable goals and timeframes Update City website Update the City’s website to include a stormwater page where links to the City’s Surface Water Management Plan, SWPPP Document, pertinent City code, and other MS4 related items can be easily located and viewed. We will complete this action within 12 months of the date permit coverage is extended. 3. Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: David Fritzke GIS/Engineering Technician B. MCM2: Public participation and involvement 1. The Permit (Part III.D.2.a.) requires that, within 12 months of the date permit coverage is extended, existing permittees www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5/31/13 Page 9 of 15 shall revise their current program, as necessary, and continue to implement a public participation/involvement program to solicit public input on the SWPPP. Describe your current program: Each year the City solicits input from the residents on the City's SWPPP at a regular City Council meeting. Notices are published in local paper 30 days prior to the meeting and posted at City Hall. All public input is recorded and addressed by staff or consultants in a timely matter. The city will update the SWPPP as necessary to incorporate these comments if they are determined to be relevant. 2. List the categories of BMPs that address your public participation/involvement program, including solicitation and documentation of public input on the SWPPP. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA’s Measurable Goals Guidance for Phase II Small MS4s (http://www.epa.gov/npdes/pubs/measurablegoals.pdf). If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes Annual Meeting Document attendance and comments received Public Notice 30 days prior to the meeting in local paper. SWPPP Availability SWPPP and Stormwater Plan are on the City’s website BMP categories to be implemented Measurable goals and timeframes Continue with current practices 3. Do you have a process for receiving and documenting citizen input? Yes No If you answered no to the above permit requirement, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, this permit requirement is met: 4. Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: David Fritzke GIS/Engineering Technician C. MCM 3: Illicit discharge detection and elimination 1. The Permit (Part III.D.3.) requires that, within 12 months of the date permit coverage is extended, existing permittees revise their current program as necessary, and continue to implement and enforce a program to detect and eliminate illicit discharges into the small MS4. Describe your current program: The City has created a City-wide storm sewer map, has ongoing training of City staff on illicit discharge detection and continues to publish and make educational materials available to residents on illicit discharge detection and elimination. 2. Does your Illicit Discharge Detection and Elimination Program meet the following requirements, as found in the Permit (Part III.D.3.c.-g.)? a. Incorporation of illicit discharge detection into all inspection and maintenance activities conducted under the Permit (Part III.D.6.e.-f.)Where feasible, illicit discharge inspections shall be conducted during dry-weather conditions (e.g., periods of 72 or more hours of no precipitation). Yes No b. Detecting and tracking the source of illicit discharges using visual inspections. The permittee may also include use of mobile cameras, collecting and analyzing water samples, and/or other detailed procedures that may be effective investigative tools. Yes No c. Training of all field staff, in accordance with the requirements of the Permit (Part III.D.6.g.(2)), in illicit discharge recognition (including conditions which could cause illicit discharges), and reporting illicit discharges for further investigation. Yes No d. Identification of priority areas likely to have illicit discharges, including at a minimum, evaluating land use associated with business/industrial activities, areas where illicit discharges have been identified in the past, and areas with storage of large quantities of significant materials that could result in an illicit discharge. Yes No www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5/31/13 Page 10 of 15 e. Procedures for the timely response to known, suspected, and reported illicit discharges. Yes No f. Procedures for investigating, locating, and eliminating the source of illicit discharges. Yes No g. Procedures for responding to spills, including emergency response procedures to prevent spills from entering the small MS4. The procedures shall also include the immediate notification of the Minnesota Department of Public Safety Duty Officer, if the source of the illicit discharge is a spill or leak as defined in Minn. Stat. § 115.061. Yes No h. When the source of the illicit discharge is found, the permittee shall use the ERPs required by the Permit (Part III.B.) to eliminate the illicit discharge and require any needed corrective action(s). Yes No If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: The City will adopt an illicit discharge ordinance and revise its Emergency Response Procedures in 2014 as part of their requirements of the MPCA MS4 permit. This ordinance will address the requirements listed above in a-h. 3. List the categories of BMPs that address your illicit discharge, detection and elimination program. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA’s Measurable Goals Guidance for Phase II Small MS4s (http://www.epa.gov/npdes/pubs/measurablegoals.pdf). If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes Illicit discharge inspection Continue to inspect and document illicit discharge and connection inspections during dry weather conditions. We summarize the number of inspections and reported illicit discharges annually. Stormwater system map Regularly update our existing stormsewer base map to include recently constructed infrastructure. Training Continue annual staff training on procedures for reporting and handling illicit discharges. We track the number of staff training annually. BMP categories to be implemented Measurable goals and timeframes Adopt an Illicit Discharge Ordinance Adopt an illicit discharge ordinance within 12 months of the date permit coverage is extended. Establish illicit discharge ERPs Create Enforcement Response Procedures for illicit discharges, including a program for reporting, tracking, and eliminating illicit discharges. We will complete this task within 12 months of the date permit coverage is extended. Potential illicit discharge prioritization Identify areas and outfalls in these areas that should be considered high priority outfalls. This work will be completed within 12 months of the date permit coverage is extended. 4. Do you have procedures for record-keeping within your Illicit Discharge Detection and Elimination (IDDE) program as specified within the Permit (Part III.D.3.h.)? Yes No If you answered no, indicate how you will develop procedures for record-keeping of your Illicit Discharge, Detection and Elimination Program, within 12 months of the date permit coverage is extended: Within 12 months of the date permit coverage is extended, the City will create a spreadsheet that will contain the time, date, and location of any detected illicit discharges. Each entry will also have a description of the discharge, procedures used to stop the discharge and any remediation or preventative actions taken. 5. Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: David Fritzke GIS/Engineering Technician www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5/31/13 Page 11 of 15 D. MCM 4: Construction site stormwater runoff control 1. The Permit (Part III.D.4) requires that, within 12 months of the date permit coverage is extended, existing permittees shall revise their current program, as necessary, and continue to implement and enforce a construction site stormwater runoff control program. Describe your current program: The City has an adopted construction site stormwater runoff control ordinance and follows an established site plan review process. Public works department staff currently conducts erosion control inspections. 2. Does your program address the following BMPs for construction stormwater erosion and sediment control as required in the Permit (Part III.D.4.b.): a. Have you established written procedures for site plan reviews that you conduct prior to the start of construction activity? Yes No b. Does the site plan review procedure include notification to owners and operators proposing construction activity that they need to apply for and obtain coverage under the MPCA’s general permit to Discharge Stormwater Associated with Construction Activity No. MN R100001? Yes No c. Does your program include written procedures for receipt and consideration of reports of noncompliance or other stormwater related information on construction activity submitted by the public to the permittee? Yes No d. Have you included written procedures for the following aspects of site inspections to determine compliance with your regulatory mechanism(s): 1) Does your program include procedures for identifying priority sites for inspection? Yes No 2) Does your program identify a frequency at which you will conduct construction site inspections? Yes No 3) Does your program identify the names of individual(s) or position titles of those responsible for conducting construction site inspections? Yes No 4) Does your program include a checklist or other written means to document construction site inspections when determining compliance? Yes No e. Does your program document and retain construction project name, location, total acreage to be disturbed, and owner/operator information? Yes No f. Does your program document stormwater-related comments and/or supporting information used to determine project approval or denial? Yes No g. Does your program retain construction site inspection checklists or other written materials used to document site inspections? Yes No If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met. The City currently conducts inspections by members of the public works department staff. Any violations or corrective actions are reported to the City and the City takes appropriate action. Within 12 months of the date permit coverage is extended the City will establish site inspection procedures which will identify priority sites for inspection, define the required frequency of inspections, assign and identify responsible persons to conduct inspections and establish checklists and forms to document inspection results. 3. List the categories of BMPs that address your construction site stormwater runoff control program. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA’s Measurable Goals Guidance for Phase II Small MS4s (http://www.epa.gov/npdes/pubs/measurablegoals.pdf). If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes Ordinance Continue to enforce existing construction site runoff control ordinance. Inspections Public Works staff will continue to perform erosion control inspections on active projects. We track the number of inspections performed annually. Public Education Make educational materials available continuously to residents and contractors on acceptable erosion control BMPs when working in the City. Track the number of educational materials available annually. Plan review process Continue to implement our plan review procedure and track the number of projects reviewed annually. www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5/31/13 Page 12 of 15 BMP categories to be implemented Measurable goals and timeframes Program updates Make the necessary updates to our construction stormwater program, as indicated above, within 12 months of the date permit coverage is extended. Ordinance updates Revise our construction site runoff control ordinance as necessary to meet MS4 Permit requirements within 12 months of the date permit coverage is extended. 4. Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: Tom Mathisen, City Engineer/Public Works Director E. MCM 5: Post-construction stormwater management 1. The Permit (Part III.D.5.) requires that, within 12 months of the date permit coverage is extended, existing permittees shall revise their current program, as necessary, and continue to implement and enforce a post-construction stormwater management program. Describe your current program: The City has developed and approved an ordinance which includes abstraction and filtration requirements as part of new development and re-development projects. The local Wastershed Management Commissions, have similar requirements. 2. Have you established written procedures for site plan reviews that you will conduct prior to the start of construction activity? Yes No 3. Answer yes or no to indicate whether you have the following listed procedures for documentation of post-construction stormwater management according to the specifications of Permit (Part III.D.5.c.): a. Any supporting documentation that you use to determine compliance with the Permit (Part III.D.5.a), including the project name, location, owner and operator of the construction activity, any checklists used for conducting site plan reviews, and any calculations used to determine compliance? Yes No b. All supporting documentation associated with mitigation projects that you authorize? Yes No c. Payments received and used in accordance with Permit (Part III.D.5.a.(4)(f))? Yes No d. All legal mechanisms drafted in accordance with the Permit (Part III.D.5.a.(5)), including date(s) of the agreement(s) and names of all responsible parties involved? Yes No If you answered no to any of the above permit requirements, describe the steps that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met. The City of Crystal will update the requirements of post-construction stormwater management to include standards addressing volume reduction/control in 2014. 4. List the categories of BMPs that address your post-construction stormwater management program. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA’s Measurable Goals Guidance for Phase II Small MS4s (http://www.epa.gov/npdes/pubs/measurablegoals.pdf). If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes Stormwater Management ordinance Continue to enforce our post-construction stormwater management ordinance. Track number annual permits and stormwater BMPs installed Inspection of new stormwater BMPs Public Works staff inspects recently installed stormwater BMPs to verify proper installation. We track the number of installations inspected annually. Plan review process Continue to implement our plan review procedures and track the number of projects reviewed annually. www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5/31/13 Page 13 of 15 BMP categories to be implemented Measurable goals and timeframes Ordinance updates Revise post-construction stormwater management regulatory mechanisms as necessary to meet MS4 Permit requirements within 12 months of the date permit coverage is extended. BMP construction guidance Partnership with Shingle Creek WMC and/or Bassett Creek WMC to prepare BMP construction guidance materials. We will complete this task within 12 months of the date permit coverage is extended. 5. Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: David Fritzke GIS/Engineering Technician F. MCM 6: Pollution prevention/good housekeeping for municipal operations 1. The Permit (Part III.D.6.) requires that, within 12 months of the date permit coverage is extended, existing permittees shall revise their current program, as necessary, and continue to implement an operations and maintenance program that prevents or reduces the discharge of pollutants from the permittee owned/operated facilities and operations to the small MS4. Describe your current program: The Public Works Director for the City oversees the street sweeping operations as well as the inspection of all pollution control devices, storm sewer pipes, ponds, wetlands and outfalls. He is also responsible for evaluating the effectiveness of each of these activities and the maintenance associated with keeping the system functional. 2. Do you have a facilities inventory as outlined in the Permit (Part III.D.6.a.)? Yes No 3. If you answered no to the above permit requirement in question 2, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, this permit requirement is met: 4. List the categories of BMPs that address your pollution prevention/good housekeeping for municipal operations program. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. For an explanation of measurable goals, refer to the EPA’s Measurable Goals Guidance for Phase II Small MS4s (http://www.epa.gov/npdes/pubs/measurablegoals.pdf). If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes Written Maintenance Plan Continue to implement our written system maintenance plan and document annual operations as detailed in plan. This maintenance plan includes the following operations: park and lawn maintenance, City vehicle maintenance, winter de-icing practices, etc. Street Sweeping Continue annual street sweeping Record keeping Continue to maintain records of maintenance activities and track these maintenance activities annually. Annual Inspections Continue to inspect Structural Stormwater BMPs annually, and ponds and outfalls at least once within the permit term. Continue to document BMPs inspected and frequency of inspections. www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5/31/13 Page 14 of 15 BMP categories to be implemented Measurable goals and timeframes Pond assessment Relying on the guidance provided by the MPCA, we will develop a procedure for determining the TP and TSS treatment effectiveness of City owned ponds within the length of the permit term. Stockpile, and storage and handling area inspections Increase current inspection frequency to quarterly inspections of City owned and operated stockpiles, and storage and material handling areas. Staff training Enhance our existing annual staff training program to meet the requirements of the MS4 permit. We will begin this training program within 12 months of the date permit coverage is extended. 5. Does discharge from your MS4 affect a Source Water Protection Area (Permit Part III.D.6.c.)? a. If no, continue to 6. Yes No b. If yes, the Minnesota Department of Health (MDH) is in the process of mapping the following items. Maps are available at http://www.health.state.mn.us/divs/eh/water/swp/maps/index.htm. Is a map including the following items available for your MS4: 1) Wells and source waters for drinking water supply management areas identified as vulnerable under Minn. R. 4720.5205, 4720.5210, and 4720.5330? Yes No 2) Source water protection areas for surface intakes identified in the source water assessments conducted by or for the Minnesota Department of Health under the federal Safe Drinking Water Act, U.S.C. §§ 300j – 13? Yes No c. Have you developed and implemented BMPs to protect any of the above drinking water sources? Yes No 6. Have you developed procedures and a schedule for the purpose of determining the TSS and TP treatment effectiveness of all permittee owned/operated ponds constructed and used for the collection and treatment of stormwater, according to the Permit (Part III.D.6.d.)? Yes No 7. Do you have inspection procedures that meet the requirements of the Permit (Part III.D.6.e.(1)- (3)) for structural stormwater BMPs, ponds and outfalls, and stockpile, storage and material handling areas? Yes No 8. Have you developed and implemented a stormwater management training program commensurate with each employee’s job duties that: a. Addresses the importance of protecting water quality? Yes No b. Covers the requirements of the permit relevant to the duties of the employee? Yes No c. Includes a schedule that establishes initial training for new and/or seasonal employees and recurring training intervals for existing employees to address changes in procedures, practices, techniques, or requirements? Yes No 9. Do you keep documentation of inspections, maintenance, and training as required by the Permit (Part III.D.6.h.(1)-(5))? Yes No If you answered no to any of the above permit requirements listed in Questions 5 – 9, then describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: The City will establish a training program as part of the updated SWPPP and site inspection procedures. The City will also examine the effectiveness of the City's BMPs as to their TSS and TP removal efficiencies. 10. Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: Tom Mathisen City Engineer/Public Works Director VI. Compliance Schedule for an Approved Total Maximum Daily Load (TMDL) with an Applicable Waste Load Allocation (WLA) (Part II.D.6.) www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5/31/13 Page 15 of 15 A. Do you have an approved TMDL with a Waste Load Allocation (WLA) prior to the effective date of the Permit? Yes No 1. If no, continue to section VII. 2. If yes, fill out and attach the MS4 Permit TMDL Attachment Spreadsheet with the following naming convention: MS4NameHere_TMDL. This form is found on the MPCA MS4 website: http://www.pca.state.mn.us/ms4. VII. Alum or Ferric Chloride Phosphorus Treatment Systems (Part II.D.7.) A. Do you own and/or operate any Alum or Ferric Chloride Phosphorus Treatment Systems which are regulated by this Permit (Part III.F.)? Yes No 1. If no, this section requires no further information. 2. If yes , you own and/or operate an Alum or Ferric Chloride Phosphorus Treatment System within your small MS4, then you must submit the Alum or Ferric Chloride Phosphorus Treatment Systems Form supplement to this document, with the following naming convention: MS4NameHere_TreatmentSystem. This form is found on the MPCA MS4 website: http://www.pca.state.mn.us/ms4. VIII. Add any Additional Comments to Describe Your Program TMDL Wasteload Allocation Excel Spreadsheet PART II.D.6.a.-e.Copy and paste from the Master List MS4 TMDL Spreadsheet for your MS4 to the space below.Permittee namePreferred IDTMDL project name*Waterbody IDType of WLA*Numeric WLA*Unit*Percent reduction Flow condition*Waterbody namePollutant of concern*Date approvedCrystal CityMS400012Shingle Creek and Bass Creek Biota and Dissolved Oxygen TMDL07010206-506 Categorical11.8 kg/dayN/AShingle Creek; Lower Shingle Creek WatershedNitrogenous biochemical oxygen demand11/4/2011Crystal CityMS400012Shingle Creek and Bass Creek Biota and Dissolved Oxygen TMDL07010206-506 Categorical35.8 kg/dayN/AShingle Creek; Upper Shingle Creek WatershedNitrogenous biochemical oxygen demand11/4/2011Crystal CityMS400012Shingle Creek Chloride TMDL07010206-506 Categorical63%Winter Low Flow (60% to 100%) Shingle CreekChloride2/14/2007Crystal CityMS400012Shingle Creek Chloride TMDL07010206-506 Categorical71%Winter Runoff (60% to 0%) Shingle CreekChloride2/14/2007Crystal CityMS400012Shingle Creek Chloride TMDL07010206-506 Categorical24.8 tons/dayHighShingle CreekChloride2/14/2007Crystal CityMS400012Shingle Creek Chloride TMDL07010206-506 Categorical8.8 tons/dayMoistShingle CreekChloride2/14/2007Crystal CityMS400012Shingle Creek Chloride TMDL07010206-506 Categorical4.5 tons/dayMid-Range Shingle CreekChloride2/14/2007Crystal CityMS400012Shingle Creek Chloride TMDL07010206-506 Categorical3.4 tons/dayDryShingle CreekChloride2/14/2007Crystal CityMS400012Shingle Creek Chloride TMDL07010206-506 Categorical1.9 tons/dayLowShingle CreekChloride2/14/2007Crystal CityMS400012Twin and Ryan Lakes Nutrient TMDL27-0042-01Categorical0.9kg/day Average Precipitation YearN/ANorth Twin Lake Phosphorus11/9/2007Crystal CityMS400012Twin and Ryan Lakes Nutrient TMDL27-0042-02Categorical0.4kg/day Average Precipitation YearN/AMiddle Twin Lake Phosphorus11/9/2007Crystal CityMS400012Twin and Ryan Lakes Nutrient TMDL27-0042-03Categorical1.5kg/day Average Precipitation YearN/ASouth Twin Lake Phosphorus11/9/2007Crystal CityMS400012Twin and Ryan Lakes Nutrient TMDL27-0058-00Categorical0.5kg/day Average Precipitation YearN/ARyan Lake Phosphorus11/9/2007Crystal CityMS400012Twin and Ryan Lakes Nutrient TMDL27-0042-01Categorical1.7kg/day Wet Precipitation YearN/ANorth Twin Lake Phosphorus11/9/2007Crystal CityMS400012Twin and Ryan Lakes Nutrient TMDL27-0042-02Categorical0.7kg/day Wet Precipitation YearN/AMiddle Twin Lake Phosphorus11/9/2007Crystal CityMS400012Twin and Ryan Lakes Nutrient TMDL27-0042-03Categorical2.3kg/day Wet Precipitation YearN/ASouth Twin Lake Phosphorus11/9/2007Crystal CityMS400012Twin and Ryan Lakes Nutrient TMDL27-0058-00Categorical0.8kg/day Wet Precipitation YearN/ARyan Lake Phosphorus11/9/2007Crystal CityMS400012Twin and Ryan Lakes Nutrient TMDL27-0042-01Categorical0.8kg/day Dry Precipitation YearN/ANorth Twin Lake Phosphorus11/9/2007Crystal CityMS400012Twin and Ryan Lakes Nutrient TMDL27-0042-02Categorical0.3kg/day Dry Precipitation YearN/AMiddle Twin Lake Phosphorus11/9/2007Crystal CityMS400012Twin and Ryan Lakes Nutrient TMDL27-0042-03Categorical1.5kg/day Dry Precipitation YearN/ASouth Twin Lake Phosphorus11/9/2007Crystal CityMS400012Twin and Ryan Lakes Nutrient TMDL27-0058-00Categorical0.4kg/day Dry Precipitation YearN/ARyan Lake Phosphorus11/9/2007Attach this completed form with your SWPPP Document at the time of submittal. At a minimum, provide all of the information "*" items (TMDL Project Name, Type of WLA, Numeric WLA, Unit, Flow Condition, and Pollutant of Concern).wq-strm4-49c • 8/16/13 • www.pca.state.mn.us • Available in alternative formats • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864Page 1 of 1 Compliance Schedule PART II.D.6.f.-g.Is your MS4 currently meeting its WLA for any approved TMDLs?Go to: Go to: NO (Complete Table 1, Strategies for continued BMP implementation beyond the term of this permit, and Table 2 below)Table 1Strategies… YES (Provide the following information below)TABLE 1Interim Milestone (Best Management Practice) BMP ID Implementation DateShingle Creek and Bass Creek Biota and Dissolved Oxygen TMDL-NBODShingle Creek Chloride TMDL -Phosphorus Twin and Ryan Lakes Nutrient TMDL - PhosphorusPublic Education - Brochures and newsletter articles on illicit discharges BMP 1-3ongoingXXXIllicit Discharge OrdinanceBMP 3-12014XXXIncrease Infiltration in WatershedBMP 4-1ongoing with re-developmentXXXRetrofit BMPs to add stormwater treatment in the watershedBMP 4-2ongoing with re-developmentXXXStormwater Pond/BMP InspectionBMP 4-3ongoingXXXConstruction Site runoff Control- Ordinance and inspectionBMP 5-1ongoingXXXStreet Sweeping Best Management Practices including: Sweeper calibration, Covering deicer stock piles, Operator Training, and Clean up of snow stockpiles.BMP 6-1 ongoing X X X Strategies for continued BMP implementation beyond the term of this permit. PART II.D.6.f.(3)Table 2Target dates the applicable WLA(s) will be achieved. PART II.D.6.f.(4)Target Date to Achieve WLATMDL ProjectShingle Creek and Bass Creek Biota and Dissolved Oxygen TMDL2063Shingle Creek Chloride TMDL - Phosphorus 2063Twin and Ryan Lakes Nutrient TMDL - Phosphorus2063If YES, indicate the WLAs (may be grouped by TMDL Project) you believe are reasonably being met. For each WLA, list the implemented BMPs and provide a narrative strategy for the long-term continuation of meeting each WLA. PART II.D.6.g.(1)-(2)The City will continue to practice BMPS outlined in the above table and in the City SWPPP and Stormwater Management Plan (SWMP). Since there are no projects identifiedfor the City of Crystal, the City will pursue permanent BMPs as new development is proposed.  The City will also use the results of the monitoring to pinpoint sources  of TSS and actual loading levels. City of Crystal Local Surface Water Management Plan Page 51 APPENDIX B – CRYSTAL STORMWATER CAPITAL IMPROVEMENT PROGRAM 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Year to Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Department Replace Item Cost Amounts Amounts Amounts Amounts Amounts Amounts Amounts Amounts Amounts Amounts Amounts Amounts Storm water 2018 Dredge Winnetka pond 1,000,000.00$ 1,000,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Storm water 2019 Becker Park infiltration project (1)2,750,000.00$ - 2,750,000 - - - - - - - - - - Storm water 2020 Rate Control,water quality, structure Rehab projects 100,000.00$ - - 100,000 - - - - - - - - - Storm water 2020 Brownwood pond dredging and expansion 500,000.00$ - - 700,000 - - - - - - - - - Storm water 2020 Saving for flood control structure replacement 175,000.00$ - - 175,000 - - - - - - - - - Storm water 2021 6804 - Gaulke Pond design, dredging, lift station rehab 850,000.00$ - - - 850,000 - - - - - - - - Storm water 2021 Rate Control,water quality, structure Rehab projects 100,000.00$ - - - 100,000 - - - - - - - - Storm water 2021 Saving for flood control structure replacement 175,000.00$ - - - 175,000 - - - - - - - - Storm water 2022 Rate Control,water quality, structure Rehab projects 100,000.00$ - - - - 100,000 - - - - - - - Storm water 2022 W. Broadway and Kentucky Infiltration 150,000.00$ - - - - 150,000 - - - - - - - Storm water 2022 Saving for flood control structure replacement 175,000.00$ - - - - 175,000 - - - - - - - Storm water 2023 Rate Control,water quality, structure Rehab projects 100,000.00$ - - - - - 100,000 - - - - - - Storm water 2023 Pond Dredging 700,000.00$ - - - - - 700,000 - - - - - - Storm water 2023 Equipment Replacement 20,000.00$ - - - - - 20,000 - - - - - - Storm water 2023 Saving for flood control structure replacement 50,000.00$ - - - - - 50,000 - - - - - - Storm water 2024 Equipment Replacement 20,000.00$ - - - - - - 20,000 - - - - - Storm water 2024 Rate Control,water quality, structure Rehab projects 100,000.00$ -$ -$ -$ -$ -$ -$ 100,000$ -$ -$ -$ -$ -$ Storm water 2024 Saving for flood control structure replacement 175,000.00$ - - - - - - 175,000 - - - - - Storm water 2025 Bassett Creek Park Pond Dredging and 29th culver replacement 2,500,000.00$ - - - - - - - 2,500,000 - - - - Storm water 2025 Equipment Replacement 20,000.00$ - - - - - - - 20,000 - - - - Storm water 2025 Rate Control,water quality, structure Rehab projects 100,000.00$ - - - - - - - 100,000 - - - - Storm water 2025 Saving for flood control structure replacement 175,000.00$ - - - - - - - 175,000 - - - - Storm water 2026 Equipment Replacement 20,000.00$ - - - - - - - - 20,000 - - - Storm water 2026 Rate Control,water quality, structure Rehab projects 100,000.00$ - - - - - - - - 100,000 - - - Storm water 2026 Saving for flood control structure replacement 175,000.00$ - - - - - - - - 175,000 - - - Storm water 2027 Equipment Replacement 20,000.00$ - - - - - - - - - 20,000 - - Storm water 2027 Rate Control,water quality, structure Rehab projects 100,000.00$ - - - - - - - - - 100,000 - - Storm water 2027 Saving for flood control structure replacement 175,000.00$ - - - - - - - - - 175,000 - - Storm water 2028 Equipment Replacement 20,000.00$ - - - - - - - - - - 20,000 - Storm water 2028 Rate Control,water quality, structure Rehab projects 100,000.00$ - - - - - - - - - - 100,000 - Storm water 2028 Saving for flood control structure replacement 175,000.00$ - - - - - - - - - - 175,000 - Storm water 2029 Equipment Replacement 20,000.00$ - - - - - - - - - - - 20,000 Storm water 2029 Saving for flood control structure replacement 175,000.00$ - - - - - - - - - - - 175,000 Storm water 2029 Yunkers Park storage project 1,500,000.00$ - - - - - - - - - - - 1,500,000 1,000,000$ 2,750,000$ 975,000$ 1,125,000$ 425,000$ 870,000$ 295,000$ 2,795,000$ 295,000$ 295,000$ 295,000$ 1,695,000$ (1) Secured grants of $1,375,000 have been included in the cash flow analysis below. Capital Improvement Plan - Storm Drainage Fund 515 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov City Council Meeting Agenda Feb. 5, 2019 7 p.m. Council Chambers The city manager’s comments are bolded. 1. Call to Order, Roll Call and Pledge of Allegiance. 2. Approval of Agenda The Council will consider approval of the agenda. 3. Appearances 3.1 The Mayor will swear in Sergeant Gabe Storz. 3.2 Finance Director Jean McGann will present the Government Finance Officers Association Certificate of Excellence in Financing Reporting. 4. Consent Agenda The Council will consider the following items, which are routine and non-controversial in nature, in a single motion: 4.1 Approval of the minutes from the following meetings: a. The City Council work session on Jan. 10, 2019. b. The City Council meeting on Jan. 15, 2019. c. The City Council work session on Jan. 15, 2019. 4.2 Approval of the list of license applications submitted by the city clerk to the City Council, a list that is on file in the office of the city clerk. 4.3 Approval of a resolution accepting the following donation: a. $500 from Newport Collision Center for Crystal Ball. 4.4 Approval of a joint powers agreement with the Minneapolis Police Department for police services for the 2019 NCAA tournament. 4.5 Approval of revised Planning Commission bylaws. 4.6 Approval of a resolution authorizing an application for Hennepin County Transit Oriented Development funds for trail construction along the south side of Bass Lake Road in Becker Park. Crystal City Council Meeting Agenda Feb. 5, 2019 Page 2 of 3 4.7 Approval of a temporary on-sale liquor license to Crystal Fund for Community Progress for a wine and beer tasting event at Crystal Community Center on March 15, 2019. 5 Open Forum (The City Council appreciates hearing from citizens about items of concern and desires to set aside time during each meeting for Open Forum. To provide ample opportunity for all, speaking time is limited to three minutes and topic discussion is limited to ten minutes. The Mayor may, as presiding officer, extend the total time allowed for a topic. By rule, no action may be taken on any item brought before the Council during Open Forum. The Council may place items discussed during Open Forum onto subsequent council meeting agendas.) 6. Regular Agenda 6.1 The Council will consider approval of disbursements over $25,000 submitted by the finance department to the city council, a list that is on file in the office of the finance department. Recommend approval of disbursements over $25,000. 6.2 The Council will consider a resolution awarding the contract for the Becker Park improvement project. At its December 4 meeting, the City Council approved the plans and specifications and authorized soliciting bids for the Becker Park and storm water improvement project. Four bids were received; recommend approval of the resolution awarding the contract to the low bidder, Custom Builders. 6.3 The Council will consider a resolution to approve the contract with Wenck for construction services for Becker Park improvement project. Portions of the Becker Park will require engineering expertise and inspections as improvements are constructed and installed to be sure they are installed correctly. The cost of hiring this work is included in the overall project budget. Recommend approval of the resolution approving a contract with Wenck for these services. 6.4 The Council will consider a resolution approving the plans and specifications and order the advertisement for bids for the 2019 Street Mill and Overlay Project. The Street Reconstruction Fund includes funds for annual mill and overlay projects on streets needing work. In order to proceed with this year’s project, recommend approval of the resolution approving the plans and specifications and order advertising for bids. 7. Announcements a. City offices will be closed on Monday, Feb. 18 for the Presidents’ Day holiday. b. The next Citizen Input Time is Tuesday, Feb. 19 at 6 p.m. in Conference Room A at City Hall. Crystal City Council Meeting Agenda Feb. 5, 2019 Page 3 of 3 c. The next City Council meeting is Tuesday, Feb. 19 at 7 p.m. in the Council Chambers at City Hall. d. Crystal Business Association meets on Wednesday, Feb. 20 at 8:30 a.m. at Crystal City Hall in the Community Room. e. The Crystal Ball will be held Friday, Feb. 22, 2019 at Crystal Community Center. Tickets are available at the Crystal Community Center and city’s website at www.crystalmn.gov. f. The City Council will hold a work session on Tuesday, February 26 at 6:30 p.m. in Conference Room A at City Hall. g. The Bowling for K9 Officer Leo fundraiser is Sunday, March 10, 11 a.m. – 2 p.m. at the New Hope Bowl, with a lunch following at the Crystal VFW Post #494. h. Local organizations are invited to lead the pledge at City Council meetings; contact city staff for information. i. City Council meetings and work sessions are open to the public. Current and previous meetings are available for viewing and listening at www.crystalmn.gov. 8. Adjournment 9. Feb. 5, 2019 Meeting Schedule Time Type of meeting Location 6:30 p.m. First City Council work session to discuss: • Winpark Drive reconstruction project and JPA with New Hope update. • Surface water management plan. • Constituent issues update. • New business. • Announcements. Conference Room A 7 p.m. City Council meeting Council Chambers Immediately following the City Council meeting Second City Council work session to discuss: • MPCA 0% loan for storm water project at Becker Park. Conference Room A * Denotes no supporting information included in the packet. Have a great weekend; see you at Tuesday’s meeting. Please join us for the Promotional / Swearing In Ceremony of Sergeant Gabe Storz On Tuesday, February 5, 2019 Crystal City Hall 4141 Douglas Drive Crystal, MN 55422 Cake and coffee reception in the Community Room at 6:00 p.m. Followed by the ceremony in the Council Chambers at 7:00 p.m. 3.1 Memorandum DATE: February 5, 2019 TO: Mayor and City Council Anne Norris, City Manager FROM: Jean McGann, AEM Financial Solutions, LLC SUBJECT: 2017 Government Finance Officers Certificate of Excellence in Financial Reporting Award Background After completion of the 2017 annual audit, the City of Crystal submitted a Comprehensive Annual Financial Report (CAFR) to the Government Finance Officers Association of the United States and Canada (GFOA). The City has since been notified they are the recipient of the Certificate of Achievement for Excellence in Financial Reporting Award. This Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting and its attainment represents a significant accomplishment by the City and its management. The CAFR has been judged by an impartial panel to meet the high standards of the program,which includes demonstrating a constructive “spirit of full disclosure” to clearly communicate its financial story and motivate potential users and use groups to read the CAFR. Conclusion The City Council is requested to accept the Certificate of Achievement for Excellence in Financial Reporting for 2017 and recognize members of the Finance staff responsible for the content of this document. 3.2 3.2 3.2 3.2 3.2 Crystal City Council work session minutes Jan. 10, 2019 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at 6:30 p.m. on Jan. 10, 2019 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the meeting to order. I.Attendance The city clerk recorded the attendance for City Council members and staff: Council members present: Adams, Banks, Budziszewski, Deshler, LaRoche and Parsons.Absent: Kiser. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres, Communications Coordinator M. Peterson, Fire Chief S. Larson and City Clerk C. Serres. II.Agenda The Council and staff discussed the following agenda items: 1.Annual communications update. 2.West Metro Fire-Rescue District update. 3.Annual Council Rules review. 4.City manager work plan/Council goals review. III.Adjournment The work session adjourned at 7:26 p.m. ________________________________ Jim Adams, Mayor ATTEST: Chrissy Serres, City Clerk 4.1(a) Crystal City Council meeting minutes Jan. 15, 2019 Page 1 of 3 1.Call to Order Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on Jan. 15, 2019 at 7 p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N. in Crystal, Minnesota. Mayor Adams called the meeting to order. Roll CallMayor Adams asked the city clerk to call the roll for elected officials. Upon roll call, the followingattendance was recorded: Council members present: Banks, Budziszewski, Deshler, Kiser, LaRoche, Parsons and Adams. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources ManagerK. Therres, City Attorney T. Gilchrist, Public Works Director/City Engineer M. Ray, RecreationDirector J. Elholm, Police Chief S. Revering and City Clerk C. Serres. Pledge of Allegiance Beacon Academy students led the Council and audience in the Pledge of Allegiance. 2.Approval of Agenda The Council considered approval of the agenda. Moved by Council Member Parsons and seconded by Council Member LaRoche to approve the agenda. Motion carried. 3.Appearances 3.1 The swearing-in ceremony of Sergeant Gabe Storz has been postponed to a future meeting. 4.Consent Agenda The Council considered the following items, which are routine and non-controversial in nature, in a single motion: 4.1 Approval of the minutes from the following meeting: a.The City Council meeting on Jan. 2, 2019. 4.2 Approval of the list of license applications submitted by the city clerk to the City Council, a list that is on file in the office of the city clerk. 4.3 Approval of Resolution No. 2019-03, accepting the following donation: a.$500 from Northern Lights Collectors’ Club for Crystal K-9 Unit. 4.4 Approval of Crystal’s pay equity report dated Dec. 31, 2018. 4.5 Approval of Resolution No. 2019-04, designating PMA Financial Network as one of the city’s investment brokers. 4.6 Approval of Resolution No. 2019-05, adopting the City Council rules. 4.7 Approval of Resolution No. 2019-06, adopting the traffic sign management policy. 4.1(b) Crystal City Council meeting minutes Jan. 15, 2019 Page 2 of 3 Moved by Council Member Banks and seconded by Council Member Parsons to approve the consent agenda. Voting aye: Banks, Budziszewski, Deshler, Kiser, LaRoche and Parsons. Abstentions: Mayor Adams. Motion carried. 5. Open Forum No public comment was given during open forum. 6. Regular Agenda 6.1 The Council considered approval of disbursements over $25,000 submitted by the finance department to the City Council, a list that is on file in the office of the finance department. Moved by Council Member LaRoche and seconded by Council Member Banks to approve the list of disbursements over $25,000. Voting aye: Banks, Budziszewski, Deshler, Kiser, LaRoche, Parsons and Adams. Motion carried. 6.2 The Council considered a resolution approving the purchase of a replacement roller. Public Works Director/City Engineer Mark Ray addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member Deshler to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2019 – 07 RESOLUTION APPROVING THE PURCHASE OF A REPLACEMENT ROLLER Voting aye: Banks, Budziszewski, Deshler, Kiser, LaRoche, Parsons and Adams. Motion carried, resolution declared adopted. 6.3 The Council considered a resolution authorizing the new professional services master agreement with Short Elliott Hendrickson, Inc. (SEH). Public Works Director/City Engineer Mark Ray addressed the Council. Moved by Council Member Banks and seconded by Council Member Budziszewski to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2019 – 08 APPROVING PROFESSIONAL SERVICES MASTER AGREEMENT WITH SEH, INC. 4.1(b) Crystal City Council meeting minutes Jan. 15, 2019 Page 3 of 3 Voting aye: Banks, Budziszewski, Deshler, Kiser, LaRoche, Parsons and Adams. Motion carried, resolution declared adopted. 6.4 The Council considered a resolution approving the city intersection traffic control map. Public Works Director/City Engineer Mark Ray and Police Chief Stephanie Revering addressed the Council. The following residents addressed the Council and staff regarding removal of stop signs: • Bill Lindquist of 6625 59th Ave. N. • Albin Andolshek II of 3140 Idaho Ave. N. Moved by Council Member Budziszewski and seconded by Council Member LaRoche to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2019 – 09 RESOLUTION ADOPTING THE CITY INTERSECTION CONTROL MAP Voting aye: Banks, Budziszewski, Deshler, Kiser, LaRoche, Parsons and Adams. Motion carried, resolution declared adopted. 7. Announcements The Council made several announcements about upcoming events 8. Adjournment Moved by Council Member Deshler and seconded by Council Member Budziszewski to adjourn the meeting. Motion carried. The meeting adjourned at 7:48 p.m. _____________________________________ Jim Adams, Mayor ATTEST: _________________________________________ Chrissy Serres, City Clerk 4.1(b) Crystal City Council work session minutes Jan. 15, 2019 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at 7:59 p.m. on Jan. 15, 2019 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the meeting to order. I.Attendance The city clerk recorded the attendance for City Council members and staff: Council members present: Banks, Budziszewski, Deshler, Kiser, LaRoche, Parsons and Adams. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres, Community Development Director J. Sutter, Public Works Director/City Engineer M. Ray, Recreation Director J. Elholm, Police Chief S. Revering and City Clerk C. Serres. II.Agenda The Council and staff discussed the following agenda items: 1.Update on New Hope development site north of Canadian Pacific Railway between Louisiana and Pennsylvania Avenues. 2.Constituent issues. 3.City manager monthly check in. 4.New business. 5.Announcements. III.Adjournment The work session adjourned at 8:24 p.m. ________________________________ Jim Adams, Mayor ATTEST: Chrissy Serres, City Clerk 4.1(c) Page 1 of 1 City of Crystal Council Meeting February 5, 2019 Applications for City License Rental – New 4065 Idaho Ave. N. – Harry Green LLC (Conditional) Rental – Renewal 3038 Douglas Dr. N. – John P McGowan (Conditional) 3816 Georgia Ave. N. – C T Alexander and J J Alexander (Conditional) 5228 Kentucky Ave. N. – Michael Mills 6300 Lombardy Lane – Duane Baltus 3532 Major Ave. N. – Juniper Land Trust LLC (Conditional) 5412 Maryland Ave. N. – Grigoriy Vayntrub 5413 Maryland Ave. N. – Ling Feng (Conditional) 3525 Noble Ave. N. – C & N Wescoe Bauman (Conditional) 5525 Regent Ave. N. – Endura Properties (Conditional) 5973 Rhode Island Ave. N. – David Barrett 5519 Vera Cruz Ave. N. – On the Home Front LLC 3317 Welcome Ave. N. – Daniel and Angelica Gil (Conditional) 3519 Welcome Ave. N. – Stephen Burson 4312 Welcome Ave. N. – Al Stobbe Homes Inc 5762 West Broadway – A M Conter and P Dahle 3033 Wisconsin Ave. N. – Rachelle Ellis 6300 27th Ave. N. – Sedona Hills Apartments (Conditional) 6400 27th Ave. N. – Sedona Hills Apartments (Conditional) 5925 36th Ave. N. – Proven Solutions LLC 7009 36th Ave. N. – Kathryn Hammerseng et al (Conditional) 6802 37th Ave. N. – Kevin Kreatz 5625 45th Ave. N. – John I Morey (Conditional) 6118 47th Ave. N. – Leo & James Rehmann 5332 49th Ave. N. – Vijay Venkataraman and Vidya Vijay (Conditional) 5013 50th Ave. N. – Dave Baumann and Todd Havisto (Conditional) 5024 51st Ave. N. – Claudette Shafer 5016 52nd Ave. N. – Iasis II LLC (Conditional) 5328 53rd Ave. N. – Galen and Teresa Watje (Conditional) Tree Trimmer AAA Shadywood Tree Experts, 402 11th Ave. S., Hopkins, MN 55343 Elijah’s Tree Care, 745 Orchard Park Rd., Orono, MN 55356 Golden Leaf Tree Service, 1400 Sumter Ave. N., Golden Valley, MN 55427 Midwest Tree Experts, P.O. Box 61, Chaska, MN 55318 Rainbow Tree Company, 11571 K-Tel Dr., Minnetonka, MN 55343 The Davey Tree Expert, Company 405 Hardman Ave., South St Paul, MN 55075 4.2 CITY OF CRYSTAL RESOLUTION NO. 2019 - RESOLUTION ACCEPTING A DONATION FROM NEWPORT COLLISION CENTER WHEREAS, Minnesota Statute §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution; and WHEREAS, said donations must be accepted by a resolution adopted by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal to accept the following donation: Donor Purpose Amount Newport Collision Center Crys tal Ball $500 AND, BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks Newport Collision Center for their generous donation. Dated: Feb. 5, 2019 By: __________________________ Jim Adams, Mayor ATTEST: ______________________________ Christina Serres, City Clerk 4.3 CCCRRRYYYSSSTTTAAALLL PPPOOOLLLIIICCCEEE DDDEEEPPPAAARRRTTTMMMEEENNNTTT “Service with Compassion and Integrity” TO: Mayor and Council Members FROM: Stephanie K. Revering, Chief of Police CC: Anne Norris, City Manager DATE: January 30, 2019 SUBJECT: Consent Agenda: JPA with the City of Minneapolis ___________________________________________________________________________ MMEEMMOORRAANNDDUUMM The City of Minneapolis and Minneapolis Police Department will be hosting the Final Four (NCAA) Tournament April 1-9, 2019 and has asked for assistance from police departments throughout the state just as they did with the Super Bowl. We will be reimbursed for our overtime dollars and that is indicated in the JPA which is attached to this memo. We are looking for you to approve the Joint Powers Agreement (JPA). As always, please let me know if you have any questions. Thanks. 4.4 Gpw/ncaajpa (11.20.18) Page 1 COOPERATIVE AGREEMENT REGARDING PUBLIC SAFETY RELATED TO THE 2019 MENS NCAA BASKETBALL TOURNEMENT THIS INTERGOVERNMENTAL COOPERATIVE AGREEMENT REGARDING PUBLIC SAFETY AND SECURITY RELATED TO THE 2019 MENS NATIONAL COLLEGIATE ATHLETIC ASSOCIATION BASKETBALL TOURNAMENT (herein after referred to as the “Agreement”), is made effective, except as otherwise made operationally effective as set forth in Section 5 herein, on this day of , 2018, by and between the CITY OF MINNEAPOLIS, MINNESOTA, a municipal corporation, (hereinafter referred to as the “City”), acting through its Police Department (hereinafter referred to as the “MPD”) and City of Crystal, a [insert name of city/county/or other governmental entity acting through its Crystal Police Department (hereinafter referred to as the “Provider”). City, MPD, and each Provider may be referred to individually as a “Party” or collectively as the “Parties” to this Agreement. WHEREAS, the City is the host city for the 2019 National Collegiate Athletic Association (NCAA), Men’s Semi-Final and Final Round Basketball Tournament to be held on Saturday, April 6, 2019, and on Monday, April 8, 2019 and for related events authorized by the NCAA and the City of Minneapolis, most of which will take place in the City from Monday, April 1, 2019, through Tuesday, April 9, 2019 (hereinafter referred to collectively as the “Event”); and WHEREAS, a Unified Command structure (as that term is defined in Section 2.4) is needed to ensure the level of security coordination required for the Event; and WHEREAS, the MPD will be the lead law enforcement agency for the Event and make staff assignments as part of a “unified command center” as defined in Section 2.4 hereof; and WHEREAS, the City has agreed to serve as the fiscal agent for law enforcement costs for the Event; and WHEREAS, the City needs to procure additional law enforcement personnel to provide the public safety and security measures required for such a large and unique Event; and WHEREAS, at the request of the City, the Provider is willing to provide the services of the law enforcement personnel identified in this Agreement to the City to assist the MPD with Event security; and NOW THEREFORE, pursuant to the authority contained in Minnesota Statutes Section 471.59 (“Joint Exercise of Powers”) and/or Minnesota Statutes Sections 626.76 and 626.77, and in consideration of the mutual covenants herein contained and the benefits that each party hereto shall derive hereby, the Parties agree as follows: 1. PURPOSE OF THE AGREEMENT 4.4 2 1.1 The purpose of this Agreement is to set forth the terms and conditions whereby the Provider will provide the City with Licensed Peace Officers to be assigned to one or more of the Event locations identified on Exhibit A attached hereto through the creation of a joint powers, “unified command center” (as further explained in Section 2.4 of this Agreement) to provide law enforcement and security services (“Services”) during the term of the Event. 1.2 Provider will exercise its best efforts to assist with Event security. The Parties acknowledge and agree that resource availability requires Provider to exercise its best judgment in prioritizing and responding to the public safety needs of its jurisdiction including, but not limited to, the Event. That prioritization decision belongs solely to Provider. The Provider may, at any time, recall the Provider’s resources when, it is considered to be in Provider’s best interest to do so. The Provider is not liable to the City for the Provider’s failure to provide or recall Licensed Peace Officers. 1.3 Provider’s resources shall be full-time, Licensed Peace Officers and each such Licensed Peace Officer must meet the following criteria as defined in Minnesota Statutes Sections 626.84, Subdivision 1(c) and 471.59, Subdivision 12, which reads: “(1) the peace officer has successfully completed professionally recognized peace officer pre-employment education which the Minnesota Board of Peace Officer Standards and Training has found comparable to Minnesota peace officer pre- employment education; and (2) the officer is duly licensed or certified by the peace officer licensing or certification authority of the state in which the officer's appointing authority is located.” 2. ADDITIONAL CRITERIA OF LICENSED PEACE OFFICERS; PROVIDER SCOPE OF SERVICE 2.1 In addition to meeting the criteria set forth in Section 1 of this Agreement, the Provider agrees that each of the Licensed Peace Officers shall also meet the following criteria: 2.1.1. That each Licensed Peace Officer shall through experience, training, and physical fitness, be deemed by the Provider, capable of performing public safety and law enforcement duties for the Event; and 2.1.2 That each Licensed Peace Officer remains licensed throughout the term of this Agreement, and the Provider shall promptly notify the MPD should any Licensed Peace Officer no longer be a licensed officer and the 4.4 Gpw/ncaajpa (11.20.18) 3 Provider or shall recall any peace officer that is no longer licensed; and 2.1.3 That unless otherwise provided or requested by the MPD, each Licensed Peace Officer shall be equipped and/or supplied by Provider at Provider’s own expense, with a long-sleeve uniform shirt, tie, an external vest cover if a vest is worn, and equipment, including but not limited to service belts with Provider radio equipment, service weapon and personal soft ballistic body armor, and traffic vest. Additionally, in Provider’s discretion, personnel may be equipped with a cell phone that may be used to download a public safety application to aid in the tracking of law enforcement personnel during operational periods if allowed pursuant to Provider’s policy. 2.2 Provider acknowledges and agrees that at any time during the term of this Agreement the City has the sole discretion to decline to accept and/or use any of Provider’s Licensed Peace Officers or other law enforcement resources without cause or explanation. 2.3 The Provider agrees as follows: 2.3.1 As requested by MPD, Provider shall list information on each of Provider’s Licensed Peace Officers no later than on January 1, 2019, ninety (90) days before the Event that includes, but is not limited to, name, rank, agency, badge number, photo, cell phone number, and emergency contact information. Said information shall be used strictly for law enforcement purposes related to the Event and each Party will hold the data in the same classification as the other does under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”); and 2.3.2. That upon reasonable advance written notification from the MPD, each of Provider’s Licensed Peace Officers or other law enforcement resources so designated by the MPD shall participate in training activities related to Event security, that are coordinated or conducted by the MPD or its designee; and 2.3.3. That each Licensed Peace Officer shall be assigned by the MPD, as determined and required by the MPD, to any Event-related assignment based on the Licensed Peace Officer’s skill-set and known duty assignment as well as the needs of the operation; including, but not limited to, foot patrol, motorized patrol, static posts at outdoor perimeters, general security inside or outside venues, and traffic control; and 2.3.4. That Licensed Peace Officers participating in the Event may, if so determined by the MPD, be placed in an “On Assignment” status by MPD 4.4 4 in which the Licensed Peace Officer should be located within his or her jurisdiction and able to physically report in a timely manner to such duty post assigned by the MPD and prepared to undertake the specific job task or responsibility assigned by the MPD; and 2.3.5. That at the request of the MPD, Provider will designate personnel that participated in or provided Event security to further participate in and/or provide information to and otherwise cooperate with the MPD in any “after action activities” following the conclusion of a Training Session or actual Event security. “After action activities” may include, but not be limited to post Training Session meetings and revisions of Training protocols and post Event security meetings, evaluations, mediation or court proceedings. 2.4 Provider acknowledges and agrees that at all times during any required training session or during the Event each of Provider’s Licensed Peace Officers or other law enforcement resources and employees, regardless of rank or job title held as an employee of the Provider, shall be subject to a structure of supervision, command and control coordinated through a unified law enforcement command and following unified command principles and practices established throughout the law enforcement community (herein referred to as “Unified Command”). 2.5 The Provider agrees to exercise reasonable efforts to cooperate and provide the City, with any other information reasonably requested by the City that the City deems necessary to facilitate and enable compliance with the terms and conditions contained in this Agreement. 2.6 Event staffing levels will be determined by the MPD as the lead law enforcement agency and fiscal agent, in consultation with the Unified Command. Notwithstanding Section 2.4, the Provider retains the sole discretion for determining what Provider Licensed Peace Officer and other law enforcement resources will be deployed in its own jurisdiction for events not included under this Agreement and remain under the Provider’s own authority. The Provider’s Licensed Peace Officer and other law enforcement resources deployed in the Provider’s jurisdiction for events not included under this Agreement, will not be eligible for reimbursement of costs as provided in Section 4.2 of this Agreement. 2.7 The Provider will comply with the statutes and rules requiring the preservation of evidence including, but not limited to, Minnesota Statutes, Section 590.10 and Section 626.04. Each Provider must preserve all handwritten notes, photographs, incident reports, video recordings, statements, audio recordings, personal notes, interview audio, text messages, cell phone videos, removable electronic media, squad car videos, any other video recordings, emails, voice mails, computer files and all Work Product, Supporting Documentation and Business Records as those terms are defined in Section 8.1 of this Agreement. 4.4 Gpw/ncaajpa (11.20.18) 5 2.8 The MPD, as the lead law enforcement agency, will maintain a list of Licensed Peace Officers (LPOs) assigned to the Events. Each Provider will be responsible for providing accurate lists of its LPOs that will be assignable to the Events as a result of signing this Agreement. 3 CITY RESPONSIBILITIES 3.1 As provided in Article 4 of this Agreement, the City will be solely responsible for reimbursing each Provider for the costs for LPOs for personnel costs that occur within the term of the Event. 3.2 City agrees that it will provide or facilitate any necessary training to prepare for providing Event security. The substance of the training, if necessary; including the locations, dates, and times, shall be detailed in a separate writing provided from the MPD to the Provider. 3.3 The person responsible on behalf of the MPD for the daily operation, coordination and implementation of this Agreement, which responsibilities shall include, but not limited to, determining the assignments of the Provider’s law enforcement resources, shall be Minneapolis Police Department Commander Melissa Chiodo (hereinafter referred to as the “Coordinator”). All contacts or inquiries made by the Provider regarding this Agreement shall be made directly to the Coordinator or the Coordinator’s designee. 3.6 The City will develop and provide to each Provider an adequate supply of the standard incident report form to be used by the City and Providers that provide Services at the Event under the direction of the Unified Command. 3.7 The City will create and provide to each Provider, the “claims procedure” as indicated in Exhibit C hereto that will be used by third party claimants who file claims against the City or against any Provider 4. COMPENSATION AND PAYMENT PROCESS 4.1 The sole source of funds to reimburse each Provider performing under this Agreement shall be funds provided by the City. 4.2 For and in consideration of the Provider performing under this Agreement, the Provider will be reimbursed for said Services at the rates and in the manner as indicated in attached Exhibit B. All of a Provider’s Licensed Peace Officers and other law enforcement resources that (a) perform law enforcement services within the Provider’s jurisdiction; and (b) are subject only to the Provider’s authority and are therefore not under the Unified Command, are not eligible to have Provider’s 4.4 6 costs reimbursed pursuant to this Agreement. 4.3 The MPD will prepare and include in Exhibit B eligibility guidelines for cost reimbursement and a check list for the preparation and submission of the reimbursement request. Exhibit B will include a “Reimbursement Payment Form [To be developed by MPD at a later date] to be completed by the Provider along with the required support documents to be attached by the Provider. The MPD shall furnish the Provider with a statement which describes all applicable hours performed by the Provider during the term of the Agreement. The Provider shall submit the Reimbursement Payment Form to the MPD for all undisputed amounts within thirty-five (35) days after receipt of the statement of hours. 4.4 Provider may submit any questions regarding the cost reimbursement process to Robin McPherson or her designee at: robin.mcpherson@minneapolismn.gov. 4.5 For any disputed amounts, the Provider shall provide the MPD with written notice of the dispute, including the date, amount, and reasons for dispute within fifteen (15) days after receipt of the statement of hours. The MPD and Provider shall memorialize the resolution of the dispute in writing and follow the dispute resolution procedure in Section 13 of this Agreement. 5. TERM OF AGREEMENT 5.1 This Agreement shall be effective as of the date indicated on the first page so that the Parties can undertake planning for all Event-related activity and shall expire on May 30, 2019, or the date to which Provider law enforcement resources or Services are reimbursed for eligible costs, whichever is later, unless terminated earlier in accordance with the provisions in Section 6. Except for the provision of Training as discussed and to be scheduled pursuant to Section 3.3 of this Agreement, Services furnished by the Provider for the Event shall begin on April 1, 2019, and shall terminate on April 9, 2019, unless terminated sooner or extended in whole or in part as provided herein. 6. TERMINATION 6.1 Termination by the City-The City may terminate this Agreement upon providing to the Provider not less than forty-five (45) days advance written notice for any of the reasons stated below: 6.1.1 Cancellation of the NCAA Mens’ Basketball Semi-Final and Final Tournament; 6.1.2 Failure by the Provider to perform any material term under this Agreement and failure to cure the default within the time requested by the City. 4.4 Gpw/ncaajpa (11.20.18) 7 6.2 Termination by the Provider-The Provider may terminate this Agreement upon providing to the City not less than forty-five (45) days advance written notice for any of the reasons stated below: 6.2.1 Cancellation of the NCAA Mens’ Basketball Semi-Final and Final Tournament; 6.2.2 Without cause prior to the initial training session; or 6.2.3 The City fails to assume liability for third-party claims as described in Section 9.1 of this Agreement. 6.3 In the event of a termination, each Party shall fully discharge all obligations owed to the other Party accruing prior to the date of such termination, and, except as otherwise provided herein, each Party shall be released from all obligations, which would otherwise accrue subsequent to the date of termination. 7. AGREEMENT MANAGEMENT 7.1 The Provider has identified the following person[s] as persons to contact regarding the following matters addressed in the Agreement: (List names) (List responsibilities) 8. WORK PRODUCTS, RECORDS, DISSEMINATION OF INFORMATION 8.1 For purposes of this Agreement, the following words and phrases shall have the meanings set forth in this section, except where the context clearly indicates that a different meaning is intended. “Work Product” shall mean any report, including the incident reports, and the recommendations, papers, presentation, drawing, demonstration, or other materials, whether in written, electronic, or other format that are used or belong to MPD or results from Provider's Services under this Agreement. “Supporting Documentation” shall mean any surveys, questionnaires, notes, research, papers, analyses, whether in written, electronic, or in other format and other evidences used to generate any, and all work performed and Work Products generated under this Agreement. “Business Records” shall mean any books, documents, papers, account records and other evidences, whether written, electronic, or in other format, belonging to 4.4 8 MPD or Provider and pertain to work performed under this Agreement. 8.2 Subject to applicable law, including but not limited to the Minnesota Official Records Act, Minnesota Statutes Section 15.17, and the MGDPA, all deliverable Work Product, Supporting Documentation and Business Records or copies thereof, that are needed from or result from the Provider's Services under this Agreement shall be delivered to the City either pursuant to this Agreement or upon reasonable request of the City and shall become the property of the City after delivery. 8.3 The City and the Provider each agrees not to release, transmit, disclose or otherwise disseminate information associated with or generated as a result of the work performed (i.e. Work Product, Supporting Documentation and Business Records) under this Agreement without notice to the other. Except as otherwise required by and subject to federal and/or state law, neither the City nor the Provider shall release, transmit, disclose or disseminate any Work Product, Supporting Documentation and Business Records which shall be classified as “security information”, “security service” or “security service data”, defined under Minnesota Statutes Sections 13.37 and 13.861 or any like data, as defined and/or required in all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards. 8.4 In the event of termination, all Work Product, Supporting Documentation and Business Records prepared by the Provider under this Agreement shall be delivered to the City by the Provider by the termination date. 8.5 Both the City and the Provider agree to maintain all Business Records in such a manner as will readily conform to the terms of this Agreement and to make such materials available at its office at all reasonable times during this Agreement period and for six (6) years from the date of the final payment under the contract for audit or inspection by the City, the Provider, the Auditor of the State of Minnesota, or other duly authorized representative. 8.6 Both the City and the Provider agree to abide strictly by the MGDPA and, in particular, Minnesota Statutes, Sections 13.05, Subd. 6 and 11; 13.37, Subd. 1(b), and Minnesota Statutes, Sections 138.17, and 15.17. All of the data created, collected, received, stored, used, maintained, or disseminated by the Provider or the City in performing functions under this Agreement is subject to the requirements of the MGDPA and both the City and the Provider must comply with those requirements. If any provision of this Agreement is in conflict with the MGDPA or other Minnesota state laws, state law shall control. 9. INDEMNIFICATION; INSURANCE LIMITS OF LIABILITY; MUTUAL RESPONSIBILITY; NO WAIVER OF IMMUNITIES 4.4 Gpw/ncaajpa (11.20.18) 9 9.1 Limited Indemnity - The City agrees to defend and indemnify each Provider against all third-party claims brought or lawsuits filed in state or federal courts against the Provider or Provider’s Licensed Enforcement Officers for the death of, injury to, or damage to the person or property of a third person or persons, arising from the performance of duties and provision of assistance in responding to the City’s request for assistance pursuant to the terms of this Agreement. 9.1.1 The limits of liability for all occurrences (claims and lawsuits) including third-party claims and lawsuits for death, injury or damage or loss to the person or property during the coverage period is subject to the limits contained in Section 9.2 hereof. 9.1.2 Each Provider agrees to be bound by the terms and conditions contained in this Agreement. 9.1.3 Each Provider agrees that it will cooperate with the City by reasonably and timely responding to the City’s request and the request of legal counsel retained by the City for information or to appear at meetings or judicially mandated hearings. 9.2 Self-Insurance by City – The City is self-insured for third-party liability claims as authorized in Minnesota Statutes, Section 471.981. The City’s self-insurance program will provide coverage for claims or lawsuits that each Provider becomes legally obligated to pay as damages due to “death,” “personal injury,” or “property damage” suffered by third parties. Each Provider’s Law Enforcement Officers and supervisors under the Unified Command will be covered under the City’s self-insurance program. 9.2.1 Neither the City nor any Provider shall be required to pay on behalf of itself and other Parties, any amounts in excess of the limits on liability established in Minnesota Statutes, Chapter 466, applicable to any one Party, regardless of whether the claim or lawsuit is brought is state or federal court. The limits of liability for any, or all of the Parties to this Agreement may not be added together to determine the maximum amount of liability for any Party. The intent of the defense and indemnity provision and declaration of self-insurance is to eliminate conflicts among Providers in the defense of claims and lawsuits and to permit liability claims among the City and multiple Providers from a single occurrence to be defended by a single attorney. 9.2.2 For the elimination of doubt, it is understood and agreed that the aggregate liability of the City and of each Provider that is a municipality, county or similar political subdivision shall be limited by the provisions of Minnesota Statutes Chapter 466 (Tort Liability, Political Subdivisions) and the liability of the 4.4 10 State of Minnesota as a Provider shall be limited by the provisions of Minnesota Statutes, Section 3.736 and by other applicable law. Nothing contained in this Agreement shall waive or amend, nor shall be construed to waive or amend any defense or immunity that either Party, its respective officials and employees, may have under said Chapter 466, Section 471.59 subd. 1a, and any common-law immunity or limitation of liability, all of which are hereby reserved by the Parties that have entered into this Agreement. 9.3 Provider Workers’ Compensation Insurance Required-Except as expressly provided herein, each Party shall be responsible for injuries or death of its own personnel. Each Party will maintain workers’ compensation insurance or self- insurance coverage, covering its own personnel while providing assistance pursuant to this Agreement. Except as expressly provided herein, each Party waives the right to sue any other Party for any workers’ compensation benefits paid to its own employee or volunteer or their dependents. 9.4 Provider Responsible for Own Equipment-Except as expressly provided herein, each Party shall be responsible for damages to or loss of its own equipment. Except as expressly provided herein, each Party waives the right to sue any other Party for any damages to, or loss of its equipment. 9.5 Provider Rendering First Aid-Except for immediate first aid rendered by a Provider at the scene of an accident or occurrence, no other medical assistance, expenses or aid administered by a Provider is covered under this Agreement. 10. INDEPENDENT CONTRACTORS Each Provider in its relationship with the City under this Agreement is an independent contractor. No Provider, its Licensed Peace Officers or other law enforcement resources shall be considered an employee of the City. The City, its Licensed Peace Officers or other law enforcement resources shall not be considered employees of the Provider. 11. SUBCONTRACTING The City and Provider agree that no Services will be subcontracted and agree not to enter into any subcontracts to provide any Services under this Agreement. 12. ASSIGNMENT Neither the City nor the Provider will assign or transfer any interest in this Agreement without the consent of the other Party. 13. DISPUTE RESOLUTION 4.4 Gpw/ncaajpa (11.20.18) 11 The City and the Provider each agree to cooperate and negotiate in good faith to resolve any disputes that arise regarding the terms of this Agreement and the performance of the Services. If good faith negotiations fail to resolve a dispute, then the Parties will use mediation services to attempt to resolve the dispute. The City and Provider will equally share the expense of the mediator. The Parties will select a mediator by each submitting three names in rank order of preference to the other Party. If there is no common name on each Party’s list, then a neutral, third party, law enforcement representative that is not a party to this Agreement will select a mediator for the Parties. If mediation fails to resolve a dispute between Parties, then the Parties will resolve the dispute through litigation. 14. AUDIT OF AGREEMENT RECORDS Pursuant to Minnesota Statutes, Section 16C.05, both the City’s and the Provider’s books, records, documents, and accounting procedures and practices with respect to any matter covered by this Agreement shall be made available to the State of Minnesota Office of the State Auditor upon written notice, at any time during normal business hours, for the purpose of auditing, examining or making excerpts or transcripts of relevant data. 15. AMENDMENT OR CHANGES TO AGREEMENT 15.1 Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the Parties hereto; after all appropriate and necessary authority has been acquired by each such Party. 15.2 Modifications or additional schedules shall not be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment, modification, or supplement. The term “Agreement” as used herein shall be deemed to include any future amendments, modifications, and additional schedules made in accordance herewith. 16. NOTICES Except as otherwise stated in this Agreement, all notice or demand to be given under this Agreement shall be delivered in person or deposited in United States Certified Mail, Return Receipt Requested. Any notices or other communications shall be addressed as follows: To City: To Provider: Melissa Chiodo 4.4 12 Commander-Minneapolis Police Department 511 11th Avenue South Suite 401 Minneapolis, MN 55415 17. INTERPRETATION OF AGREEMENT This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. 18. ENTIRE AGREEMENT It is understood and agreed that this entire Agreement supersedes all oral agreements and negotiations between the parties hereto relating to the subject matters herein. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. The matters set forth in the “WHEREAS” clauses at the beginning of this Agreement are by this reference incorporated into and made a part of this Agreement. 19. MISCELLANEOUS PROVISIONS 19.1 The Parties intend that, with respect to the defense and indemnification provisions in Section 9 hereof, this Agreement may benefit or create rights or causes of action in or on behalf of any other agency providing services for the Event under a similar but separate agreement. Except for the foregoing, the Parties intend that this Agreement will not benefit or create any right or cause of action in or on behalf of any person or entity other than the Parties. 19.2 The Parties shall cooperate in achieving the objectives of this Agreement pursuant to Minnesota Statutes, Sections 15.51 through 15.57. 19.3 The Parties shall comply with all applicable federal, state, and local statutes, regulations, rules and ordinances currently in force or later enacted including but not limited to the MGDPA, Minnesota Statutes Section 471.425, subd. 4a, and as applicable, non-discrimination and affirmative action laws and policies. 19.4 If any provision of this Agreement is held invalid or unenforceable, such invalidity or unenforceability will not affect any other provision, and this Agreement will be construed and enforced as if such invalid or unenforceable provision had not been included. 4.4 Gpw/ncaajpa (11.20.18) 13 19.5 Failure of a Party to enforce any provision of this Agreement does not affect the rights of the Parties to enforce such provision in another circumstance. Failure to enforce a provision does not affect the rights of the Parties to enforce any other provision of the Agreement at any time REMAINDER OF THIS PAGE IS BLANK IN WITNESS WHEREOF, the parties hereto are authorized signatories and have executed this Agreement, the day and year first above written. CITY OF MINNEAPOLIS STATE/CITY/COUNTY OF By: ___________________________ By: __________________________ Its: Police Chief Its: Date: _________________________ Date: _________________________ Approval Recommended: Approval Recommended: 4.4 14 By: ______________________________ By:______________________________ Its: Assistant City Attorney Its: By:______________________________ By:______________________________ Its: Purchasing Department Its: EXHIBIT A – NCAA Mens’ Basketball Tournament Events Event Description Event Location and Availability 2019 Final Four US Bank Stadium (ticketed event) Fan Fest Minneapolis Convention Center (ticketed event) Basketball Dribble Nicollet Mall (free and open to public) Final Four Friday US Bank Stadium (teams’ practice, free and open to public) Coaches Convention Minneapolis Convention Center (restricted event) 4.4 Gpw/ncaajpa (11.20.18) 15 Music Fest Armory (ticketed event) Nicollet Mall Music Fest Nicollet Mall (free and open to public) Salute Orchestral Hall or Convention Center (restricted event) NCAA Hotels Select Downtown Minneapolis hotels EXHIBIT B NCAA Mens’ Basketball Tournament Event Period Reimbursement Guidelines Reimbursement Period: 1. General Reimbursement Guidelines: a. The lead law enforcement agency, the City of Minneapolis Police Department, will serve as fiscal agent for purposes of this agreement. b. Reimbursement will be for activities that are staged in the City during the term of the Event and for all hours worked as “duty time” in direct support of the lead law enforcement agency, Minneapolis Police Department. c. Providers (Sending agencies) are expected to place provided law enforcement officers “on assignment” for actual hours worked during the event period and this assignment will be their normal assignment for that period. Personnel should not 4.4 16 be expected to work the Event in addition to their normal job at their respective agency. d. Reimbursement will occur for personnel wage costs only at established straight time or overtime rates pursuant to Section 2, Established Hourly Reimbursement Rates, in this Exhibit B. These rates are all inclusive and will not be adjusted. e. Reimbursement will occur only for hours worked consistent with official operational plans approved by the core planning team and the lead law enforcement agency, MPD. f. There will be no reimbursement for non-personnel costs, backfill, pre-event training, equipment, and other expenses including but not limited to travel costs, fuel, mileage, per diem, etc. g. Reimbursement will occur only for state, county, and local law enforcement personnel participating in official Event security details. h. There will be no reimbursement for participation of law enforcement command level staff including but not limited to those in the ranks of Chief, Sheriff, Assistant Chief, Deputy Chief, Colonel, Major, Sr. Commander, Commander, Captain or other law enforcement officers working in a command position and/or in an exempt payroll status. i. Generally, participating law enforcement personnel will be expected to work a ten-hour shift daily during the event period (This may vary based on specific assignments). j. For reimbursement purposes, a law enforcement officer’s shift begins and ends when he/she checks in/out on site with the lead law enforcement agency. This will be tracked using an automated system provided by the lead law enforcement agency. Law enforcement personnel will be notified of their daily and hourly schedule 30-60 days prior to the special event period subject to any changes that may occur. There will be no reimbursement for any changes to the schedule or for any scheduled off days during this period or for off hours where personnel are not actively assigned to an official special event detail. a. Sending agencies and personnel assigned to the Event must adhere to all lead law enforcement agency requirements in order to be eligible for reimbursement. b. Any variation from the above guidelines must be approved by the lead law enforcement agency, Minneapolis Police Department. 2. Established Hourly Reimbursement Rates: a. All hours reimbursed under the terms of Sections 3 and 4 of this Exhibit B, below will be paid at one of the following established hourly rates. These are set rates and will not be adjusted based on specific agency hourly rates. The rates are inclusive of all costs including both payroll and fringe. i. $84 per hour overtime rate. ii. $55 per hour straight time rate. 4.4 Gpw/ncaajpa (11.20.18) 17 3. Specific Agency Reimbursement Guidelines: a. For law enforcement personnel working in areas where they have jurisdictional authority: i. Reimbursement will occur only for overtime hours worked as a result of established/approved operational plans and hours above and beyond that of their scheduled shifts for that day with approval of incident commander. ii. Sending agencies will be reimbursed for overtime hours worked under the Joint Powers Agreement, not to exceed 60% of the total hours worked by that agency at the established overtime rate as specified in Section 2 of this Exhibit B, above. iii. Sending agencies are expected to place provided law enforcement officers “on assignment” for the event period and this assignment will be their normal assignment for that period. Personnel should not be expected to work the Event in addition to their normal job at their respective agency. b. For law enforcement personnel working in areas where they do not have jurisdictional authority: i. Reimbursement will occur for all hours worked to include straight time and overtime at the established rates as specified in Section 2 of this Exhibit B, above however reimbursement for overtime hours worked under this Joint Powers Agreement which will not exceed 60% of the total hours worked by that agency. ii. Sending agencies are expected to place provided law enforcement officers “on assignment” for the event period and this assignment will be their normal assignment for that period. Personnel should not be expected to work the event week in addition to their normal job at their respective agency. 4. Reimbursement Process: Within 45 days after the special event period, the lead law enforcement agency, MPD will provide the sending agency with a report outlining hours worked for all personnel for that agency. a. Sending agency will review the personnel report for accuracy and outline which hours constituted straight time versus overtime and submit an invoice with support documentation to the lead law enforcement agency. b. The lead law enforcement agency will review the invoice and support documentation, and work with the sending agency on addressing any discrepancies. c. The lead law enforcement agency will issue reimbursement to the sending agency consistent with the guidelines established in this agreement within 45 days of receiving an invoice and the requested support documentation. 4.4 18 Invoices should be sent to: MPD Finance Director C/O Robin McPherson 350 South 5th Street, Room 130 Minneapolis, MN. 55415 EXHIBIT C CLAIMS PROCEDURE FOR CLAIMS BROUGHT AS A RESULT OF LAW ENFORCEMENT AND SECURITY SERVICES 1. The City will develop a “uniform claim form” (the “Form”). 2. The City will establish a committee composed of _________________________ to review each Form submitted by third parties alleging injuries or property damage due to law enforcement activities that occurred during the Event (each completed Form a “Claim”). 3. The committee established to conduct the preliminary review of the Claim Forms (“Claims Committee”) will consist of at least the following members: A Provider representative for claims filed against the Provider’s Licensed Police Officers; and (a) A Representative of the City of Minneapolis. The Claims Committee may also include other Provider representatives as determined by the three (3) required Claims Committee members. 4. After making a preliminary determination as to the validity of a Claim, the Claims Committee will forward each Form to the City. 5. The City, acting through its City Council committee for receipt and review of claims, will determine whether to accept or deny each Claim forwarded by the Claims Committee. 4.4 Gpw/ncaajpa (11.20.18) 19 6. The municipal tort cap of $1.5 million will be the dollar limit for claims filed against law enforcement agencies relative to the Event. 4.4 PROPOSED BYLAW AMENDMENTS PAGE 1 OF 1 _____________________________________________________ FROM: Dan Olson, City Planner ____________________________________________________________________ TO: Anne Norris (for February 5 Meeting) DATE: January 31, 2019 RE: Approve amendments to Planning Commission by-laws Background The City Council last approved amendments to the Planning Commission bylaws in 2002. At the January 14, 2019 Planning Commission meeting, Commission members recommended approval of the by-law amendments in attachment A. The following is a summary of the more significant proposed changes: 1.Length of time for officeholders. The Commission recommends that the limit on the length of time that offices can be held be eliminated. The purpose of the time limit is to prevent one person from holding an office for too great a time period. The Commission’s rationale for eliminating the time limit that it is difficult to find Commission members who are both interested in holding the office and skilled at fulfilling the duties of the chairperson. An election will still be held annually to determine officeholders. 2.Make adjustments to the secretary position. Since the functions of the secretary position are fulfilled by the city staff liaison, the Commission recommended that this office be replaced by a “second vice-chair” position, whose only duty will be to fulfill the duties of the chairperson in the event that both the chair and vice-chair are unable to fulfill those duties. Attachment A.Proposed amendments to bylaws Action Requested City Council approve the amendments to the Planning Commission bylaws. COUNCIL STAFF REPORT Planning Commission bylaw amendments 4.5 PLANNING COMMISION BYLAWS - APPROVED BY CITY COUNCIL 11/19/02 Page 1 of 4 CITY OF CRYSTAL PLANNING COMMISSION BY-LAWS ARTICLE I. MISSION STATEMENT The role of the Crystal Planning Commission is to serve the City Council and citizens of Crystal by formulating recommendations in land use matters and by devoting the time necessary to listen to fact, to consider public input and to render decisions in an objective manner. To be successful in this role, Planning Commissioners acknowledge and honor these values:  Open-mindedness: Decisions are made free from prejudice or bias; Commissioners are receptive of new ideas and to reason.  Respect: Commissioners listen to and show respect for the opinions and positions of fellow Commissioners as well as those who come before the Commission.  Equal treatment: Everyone appearing before the Commission has the same privileges, status and rights.  Attack the problem, not the person: Personal attacks are not tolerated, but honest and informed debate is encouraged.  Offer and accept constructive criticism: Constructive comments are to be encouraged and welcomed; unfavorable judgments that find fault and fix responsibility are not.  Responsibility to the City of Crystal: The best interests of the city of Crystal are paramount and rise above parochial interests.  Shared responsibility: The Commission as a whole bears the responsibility for decisions and recommendations that are made. ARTICLE II. ORGANIZATION A. Election of Officers The officers of the Commission shall be elected by the members of the Commission at the January first meeting each year. Officers shall serve for a period of one year, commencing with the first meeting of each year. The term of office for each Officer is one year and that no Officer may serve for more than two consecutive years in the same position. B. Officers The officers of the Commission shall be a Chairperson and Vice Chairperson and Second Vice Chairperson Secretary. 4.5 PLANNING COMMISION BYLAWS - APPROVED BY CITY COUNCIL 11/19/02 Page 2 of 4 C. City staff liaison In addition, thereThere shall be an a official administrative secretarycity staff liaison who need not be is not a member of the Commission. CD. Duties 1. The Chairperson shall preside at all meetings of the Commission, shall have such powers of the supervision and management as may pertain to the office of the Chairperson. 2. The Vice Chairperson shall preside and perform all duties of the Chairperson in the event of the Chairperson’s absence, disqualification or disability. 3. The Second Vice Chairperson shall preside and perform all duties of the Chairperson in the event of both the Chairperson’s and Vice Chairperson’s absence, disqualification or disability. 4. The city staff liaison shall keep the minutes of all meetings and all records of the Commission. Minutes of the meetings shall be mailed or delivered to all Commission members and shall include the notice and agenda for the next regular meeting. The liaison shall notify all members of any special meeting of the Commission. Secretary shall be responsible for administrative work necessary for the operations of the Planning Commission, unless city staff has been directed by the City Manager to assume these administrative duties. In the absence of the Secretary, a temporary Secretary may be appointed by the presiding officer to fulfill the duties of Secretary at that meeting. The Secretary shall keep the minutes of all meetings and all records of the Commission. Minutes of the meetings shall be mailed or delivered to all Commission members and shall include the notice and the agenda for the next regular meeting. The Secretary shall notify all members of any special meeting of the Commission. Approved minutes shall be provided to the City Council in the next available meeting packet or newsbrief. In addition to these administrative duties, in the absence of the Chairperson and Vice Chairperson, the Secretary shall preside and perform all duties of the Chairperson in the event of the Chairperson’s absence, disqualification or disability. 5. It shall be the duty of each member to notify the administrative secretarycity staff liaison if such meeting cannot be attended. The liaison will then notify the chair of such absences. D. Task Force Task forces shall be formed when deemed necessary by the Chairperson. Such Task Forces shall consist of a leader, who shall be a member of the Commission, and any number of people, members or non-members, the leader deems necessary to successfully complete the task. The Chairperson shall appoint the leader of any Task Force, keeping in mind the interests of individual members. The Chairperson and Vice Chairperson shall be ex officio members of any Task Force formed. 4.5 PLANNING COMMISION BYLAWS - APPROVED BY CITY COUNCIL 11/19/02 Page 3 of 4 ARTICLE III. MEETINGS A. The Commission shall hold a minimum of twelve regular monthly meetings on the second Monday of each month at 7:00 p.m., unless otherwise set by the Commission at the January meeting of each year. In addition, the date and time for any one monthly meeting may be changed by a majority vote of the quorum. Meetings may be cancelled if there are no scheduled public hearings. B. Quorum, consisting of a majority of the members of the Commission, shall be sufficient to transact the business of the Commission. C. The Commission may hold special meetings to complete or initiate business at the call of the Chairperson, or upon the request of three members of the Commission. D. The roll shall be called at each meeting and a record of those members present or absent shall also be recorded in the minutes of such meeting. E. The order of business will be as follows: Call to Order Approval of Minutes Public Hearings Old Business New Business General Information Open Forum Adjournment ARTICLE IV. ATTENDANCE Attendance is required at all meetings. Absence from more than three regular meetings in a calendar year is not considered acceptable because it impairs the Commission’s ability to fulfill its responsibilities to the community. For this reason, upon a Commissioner’s fourth absence from a regular meeting within a calendar year, the Chairperson shall notify the Mayor of such absences and the City Council may take action to remove the Commissioner. All Commissioners are expected to notify city staff prior to any meeting if unable to attend. ARTICLE V. GENERAL PROVISIONS No member of the Commission shall be authorized to speak on behalf of the Commission publicly until the Commission has first considered and approved such statements. The City Council or City Manager shall be notified in advance of the nature of any public statement of official policy concerning the Commission. ARTICLE VI. AMENDMENTS These rules and procedures may be amended by the city council after a majority of the membership at a regular or special meeting makes a recommendation for an amendment. Notice of the proposed amendments shall be mailed to all members of the Commission by the Secretary 4.5 PLANNING COMMISION BYLAWS - APPROVED BY CITY COUNCIL 11/19/02 Page 4 of 4 city staff liaison prior to the meeting at which the amendments are to be voted upon. Any member of the Commission may, in writing, propose amendments to these rules and procedures. 4.5 _____________________________________________________________________ FROM: John Sutter, Community Development Director _____________________________________________________________________ DATE: January 31, 2019 TO: Anne Norris, City Manager (for February 5 Council meeting) SUBJECT: Consider a resolution authorizing an application for Hennepin County Transit Oriented Development funds for trail construction along the south side of Bass Lake Road (Becker Park) During the design of the Bass Lake Road streetscape project, in late 2017 the south side trail was removed from the 2018 streetscape project and incorporated into the 2019 Becker Park project. In February 2018 the city applied for Hennepin County Transit-Oriented Development funds for this trail segment. This request was not funded due to the number of applications received and the fact that construction was not anticipated until 2019. Hennepin County staff have encouraged the city to re-submit this application for 2019 funding. The application will seek full funding for the east-west trail segment along the south side of Bass Lake Road from the BNSF corridor to Sherburne Avenue, together with a short spur connecting it to the north-south trail funded by the stormwater part of the project. These trail segments are being built as part of the 2019 Becker Park project for which bids were opened on January 23. Based on the unit prices and quantities in the apparent low bid, the cost of these trail segments will be $80,000. The application will request this amount from the Hennepin County Transit-Oriented Development grant program. The application deadline is February 7 and an award is expected by the end of May. Any TOD funds awarded will reduce the current $1.2 million EDA share of the Becker Park project cost. Attachments: 1.Graphic showing the segments and costs for which TOD funding would be sought 2. Resolution authorizing the TOD application Council adoption of the attached resolution is requested. COUNCIL STAFF REPORT Trail Connection through Becker Park Authorize Henn Co TOD Application 4.6 123$5.,1*123$5.,1*////////////6FDOH  29(5$///$<2873/$1/6&$/(,1)((7  /(*(1'48$17,7<64)7[36)(67 &26748$17,7<64)7[36)(67 &26748$17,7<64)7[36)(67&267ATTACHMENT 14.6 CITY OF CRYSTAL RESOLUTION NO. 2019 - ______ AUTHORIZING AN APPLICATION FOR HENNEPIN COUNTY TRANSIT-ORIENTED DEVELOPMENT FUNDS WHEREAS, Metro Transit is proposing to construct the Blue Line LRT Extension including a station at the southwest corner of Bottineau Boulevard and Bass Lake Road; and WHEREAS, the City of Crystal is making major investments in the area around the proposed station, including a $600,000 Bass Lake Road streetscape project and $5.5 million Becker Park reconstruction project; and; WHEREAS, the City desires to improve pedestrian and bicycle connections from the intersection of Bottineau Boulevard and Bass Lake Road to its core commercial area centered on the intersection of Bass Lake Road and West Broadway, the existing high density residential properties south of Becker Park, and potential redevelopment sites in the surrounding area; and WHEREAS, to make these connections, the City is in need of financial assistance for a multi-use trail along the south side of Bass Lake Road and a spur connecting it with a north-south trail being built through Becker Park. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRYSTAL, MINNESOTA: 1.That the City Council of the City of Crystal authorizes the application for $80,000 of Hennepin County Transit Oriented Development Funds for the proposed multi-use trail along the south side of Bass Lake Road and a spur connecting it with a north-south trail being built through Becker Park. 2.That the City Council hereby authorizes and directs the Mayor and City Manager to execute any necessary documents to accept and implement the Transit Oriented Development Grant in whatever amount that it may be awarded. Adopted by the Crystal City Council this 5th day of February, 2019. Jim Adams, Mayor ATTEST: ____________________________ Christina Serres, City Clerk ATTACHMENT 2 4.6 4.7 DATE:January 31, 2019 TO:Anne Norris, City Manager City of Crystal City Council FROM:Jean McGann, Acting Finance Director RE:Expenditures over $25,000 Payee Amount Crysteel Truck Equipment Vehicle #109 $37,555.26 Met Council Environmental Services Sewage disposal charges $130,159.55 PERA Employee and city required contributions for January pay date 1/11 $54,132.04 West Metro Fire Rescue District Fire protection services - January $100,522.40 City of Brooklyn Park HRG Admin Fee - 2018 $89,350.00 Golden Valley - JWC November water charges $126,059.05 LOGIS Services and direct charges $32,630.00 Shingle Creek WMO 2019 Watershed dues $28,622.32 Golden Valley - JWC December water charges $77,637.49 Healthpartners December, January & February premiums $294,328.50 LMCIT 2019 Workers Compensation coverage $177,252.00 LMCIT 2019 Liability Coverage $366,007.00 City of New Hope 2nd half 2018 Animal Control $25,177.19 PERA Employee and city required contributions for January pay date 1/25 $57,103.71 $1,596,536.51 Description U:\Brenda\Accts Payable\Checks over $25,000\Checks over $25,000 Memo 6.1 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Memorandum DATE: January 30, 2019 TO: Mayor and City Council Anne Norris, City Manager FROM: John Elholm, Recreation Director SUBJECT: Award of Construction Contract for Becker Park PROJECT This project involves the construction of various improvements at Becker Park. The base bid includes a stormwater infiltration system, interactive fountain, performance lawn with stage, picnic area, accessible restrooms, sidewalks and patios. The alternate bid items recommended for inclusion are additional infiltration system capacity, a shelter structure over the stage, a sun shelter near the play area and colored concrete in select locations. The play area and site amenities will be purchased at a later date separate of this contract. RECAP 12/19/17 Council adopted the city’s park and recreation system plan that included concept plans for Becker Park. 01/02/18 Council authorized a contract with design consultant WSB & Associates to complete final design work for a portion of Becker Park. 11/06/18 Council approved contracts to remove existing structures in Becker Park. 12/04/18 Authorization to solicit bids was granted 01/09/19 Pre-bid meeting with contractors 01/23/19 Becker Park bid opening 6.2 BID RESULTS Contractor Total Base Bid Alternates Grand Total Bid Custom Builders, Inc. $3,307,400 $194,875 $3,502,275 Peterson Companies. $3,331,526 $244,847 $3,576,373 Veit & Company, Inc. $3,753,329 $249,394 $4,002,723 Pember Companies $3,846,263 $262,001 $4,108,264 Engineer's Estimate $3,749,140 $211,975 $3,961,115 CURRENT PROJECT BUDGET Construction Contract with Low Bidder (Custom Builders, Inc.) $ 3,502,275 Add 10% Contingency $ 350,228 Total for Becker Park Construction $ 3,852,503 OTHER PROJECT EXPENSES Consultant Contracts $ 515,000 Play Area (equipment & surfacing – estimate) $ 620,000 City Costs (removals, shelters, benches, tables, etc. – estimate) $ 275,000 TOTAL PROJECT Current Estimated Costs - from above $ 5,262,503 Total Project Budget - from 12/04/18 council meeting $ 5,750,000 REQUESTED COUNCIL ACTION Approval of a resolution to enter into a contract with Custom Builders, Inc. in the amount of $3,502,275 for improvements at Becker Park. 6.2 RESOLUTION NO. 2019- ___ AWARD CONTRACT FOR BECKER PARK REDEVELOPMENT PROJECT 2018-03 WHEREAS, the Crystal City Council authorized solicitation of public bids for Becker Park Redevelopment (Project 2019-03) on December 4, 2018; and WHEREAS, four bids were received and publicly opened on January 23, 2019; and WHEREAS, Custom Builders, Inc. submitted the low bid and has successfully completed projects in other cities. NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby awards the contract for Becker Park Redevelopment (Project 2019-03) to Custom Builders, Inc. in the amount of $ $3,502,275. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to sign such contract. Adopted by the Crystal City Council this 5rd day of February, 2019. _____________________________ Jim Adams, Mayor ATTEST: _____________________________ Christina Serres, City Clerk 6.2 Memorandum DATE: February 5, 2019 TO: City Council FROM: Mark Ray, PE, Director of Public Works SUBJECT: Authorize Phase 4 of Professional Services Agreement with Wenck for Becker Park Background At the September 20, 2016 Council meeting the Council approved an agreement with Wenck Associates for the design and construction professional services associated with Becker Park Storm water Infiltration Project. On October 5, 2016 the Council approved proceeding with the Phase 1 part of the Becker Park storm water project design process. On September 5, 2017 the Council approved proceeding with the Phases 2 and 3 of the Becker Park storm water project design process. Phase 4 of the agreement with Wenck Associates is for the professional services associated with the actual construction of the Becker Park storm water infiltration system. This includes: •Construction observation •Construction surveying •System performance monitoring (which is required by some of the grants) •Hydrologic and Hydraulic Modeling •Reporting Cost The cost for Phase 4 is $125,000, with the total contract cost with Wenck (Phase 1-4) being $308,500. This total amount has been budgeted for and will be reimbursed through the grants received for the project. Attachment •Supplemental letter agreement with Wenck Associates for Phase 4 Requested Action •Motion to authorize City Engineer to proceed with Phase 4 of the Becker Park storm water project. 6.3 January 17, 2019 Mr. Mark Ray, PE Director of Public Works/City Engineer City of Crystal 4141 Douglas Drive North Crystal, Minnesota 55428 RE: Supplement to Professional Services Scope of Work Related to Becker Park Infiltration Project Construction Services Dear Mr. Ray: On September 22, 2016 the City of Crystal entered into a contract with Wenck to provide professional services for the Becker Park Infiltration Project. The work was divided into four phases: • Phase 1 - Compile additional data and analyze it in an effort to confirm the feasibility study for infiltration at the site. • Phase 2 - Preliminary engineering (assuming Phase 1 results are acceptable and approved by the City). • Phase 3 - Detailed plans and specifications necessary to construct the project. • Phase 4 – Construction observation. Wenck’s Scope of Services set forth in our August 29, 2016 proposal included detailed tasks for Phases 1-3, but did not include specific tasks for Phase 4. Rather, the scope of services was broadly stated as “Phase 4 services include construction observation to address issues that may arise during construction and see that design concerns are met.” It was expected that construction observation services would be necessary, but it had not yet been established how completion of the infiltration project would integrate with completion of the broader park improvements. As the projects are nearing construction, a more detailed scope of services can now be developed. Task 1: Construction Observation Wenck will provide construction observation and management services for the construction and installation of the infiltration system and associated storm sewer improvements. Wenck will perform the following work: 1. Wenck’s on-site representative(s) will attend weekly construction meetings for the duration of the infiltration system construction, and the engineer will attend as necessary. Wenck staff will communicate regularly with the Crystal City engineer and on-site representative. 2. The Wenck on-site representative(s) will visit the site as needed when work is occurring on the stormwater components. For budget purposes we have assumed an average of 8 hours per week for 16 weeks. Wenck will participate in construction walk-throughs and 6.3 Mark Ray, PE City of Crystal January 17, 2019 2 will generate a punch list for the stormwater components of the park work. Wenck will work with the contractor(s) to assure completion of items on the punch list, and make a recommendation regarding date of substantial completion. 3. Wenck will review and make recommendations regarding shop drawings, review materials test results, and as needed arrange for any materials testing beyond that required of the contractor. 4. Wenck has previously undertaken drone flights to document the project site during project initiation. Wenck will perform at least two flights to document construction and the completed project for the entire site. 5. Following substantial completion Wenck will deliver as-builts and a maintenance handbook. 6. Wenck will review and certify pay requests related to the infiltration facility and associated storm sewer modifications, and will assist the City with any recommended change orders. Task 2: Surveying 1. Wenck will provide construction surveying and staking for installation of the infiltration facility and modifications to the storm sewer system. Additional survey and staking will be completed as needed and agreed at weekly construction meetings or as directed by the City during the duration of the project. Wenck will survey the installed infiltration and storm sewer modifications components to assure they are constructed in accordance with the plans, and prepare as-builts. 2. Wenck will provide surveying services to supplement City data as necessary north of Bass Lake Road to complete Task 4 below, for example to obtain select gutter grades, structure detail, and inlet capacities. Task 3: Performance Monitoring The City must monitor and document performance of the system as a condition of its grant contracts with MPCA, BWSR, and the Met Council, including estimating the annual runoff volume that is infiltrated, and the reduction in total phosphorus (TP), dissolved orthophosphorus (OP) and total suspended solids (TSS) removed annually. 1. Wenck will install/monitor two piezometers to track groundwater levels. Wenck will use previously developed groundwater modeling to estimate volume of infiltration. 2. An ISCO sampler will be installed at the inlet to the infiltration system to capture runoff from storm events for two years following installation. Samples will be analyzed for total and dissolved phosphorus and TSS. 3. Wenck will take samples of material deposited in the header row, and Wenck will obtain a grain size distribution test to compare to the NURP50 particle distribution to estimate the volume of TSS intercepted and removed from stormflow. The material will also be tested for P-content to estimate attached-P removals. Task 4: Hydrologic and Hydraulic Modeling 1. Wenck will use PC SWMM to perform 1D and 2D hydrologic and hydraulic modeling of the drainage area to the Bass Lake Road trunk storm sewer for pre- and post- construction conditions. This will help the City visualize before and after project potential areas of flooding. PC SWMM is compatible with Google Earth. 6.3 Mark Ray, PE City of Crystal January 17, 2019 3 Task 5: Reporting 1. Wenck will prepare a technical report detailing the modeling methods and findings and the water quality and volume management improvements provided by the project. 2. In consultation with the City, Wenck will undertake grant and loan required progress and final reporting. Summary and Cost The estimated cost of Phase 4 services set forth in the contract approved on September 22, 2016 was $125,000. Wenck proposes to complete this phase of work for the following: Task Estimated Cost 1. Construction services $22,000 2. Surveying 15,000 3. Performance monitoring 22,000 4. Modeling 51,000 5. Reporting 15,000 TOTAL $125,000 This proposed scope of services is a supplement to our September 22, 2016 agreement, and does not change the terms and services of that agreement. Including this phase, the total cost of Wenck’s professional services for the Becker Park Project is not to exceed $308,500. I would be happy to answer any questions you may about this. I can be reached at 612-296- 7732 (cell) or jtoso@wenck.com. Sincerely, Wenck Associates, Inc. Joel Toso, PE Senior Engineer (612) 296-7732 ACCEPTED BY: CITY OF CRYSTAL by Its (Date) 6.3 RESOLUTION NO. 2019- _____ AUTHORIZING PHASE 4 OF THE BECKER PARK STORM WATER INFILTRATION PROJECT WHEREAS, storm water management is a very important issue for the City of Crystal; and WHEREAS, the City has completed the feasibility report for the Becker Storm Water Infiltration Project and the project is feasible; and WHEREAS, the City Council has previously approved a contract with Wenck and Associates for all phases of the design and construction services for the Becker Park Storm Water Infiltration project; and WHEREAS, the project has been bid and contracted awarded by the Council on February 5, 2019; and WHEREAS, construction will occur in 2019 and Phase 4 includes construction services; and WHEREAS, the costs for the Phase 4 of the project will be paid for using a portion of the Minnesota Board of Water and Soil Resources grant to the Shingle Creek Watershed Management Commission. NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby authorizes the City Engineer to proceed with Phase 4 of the Becker Park Storm Water Infiltration Project. Adopted by the Crystal City Council this 5th day of February 2019. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 6.3 Memorandum DATE: February 5, 2019 TO: City Council FROM: Mark Ray, PE, Director of Public Works Mick Cyert, Engineering Project Manager SUBJECT: Approve Plans and Specifications, Order Ad for Bids 2019 Street Mill and Overlay Project #2019-02 Summary The 2019 Street Maintenance Fund allocated $500,000 for asphalt reconditioning (2 inch mill and overlay) which includes concrete curb a gutter repairs, $60,000 for pedestrian concrete curb ramp replacements, and $20,000 for trip hazard removals (sidewalk shaving). Based on a review of the project area for the asphalt project, there are pedestrian curb ramp replacements that can be completed as well. Finally, due to the extensive sidewalk shaving completed over the last few years, we will be taking a year off in 2019. These three projects bring the total available funding to $580,000 for all components of the asphalt reconditioning project. Project Cost The total estimated project cost is $535,000. As noted above $580,000 is available with the $45,000 difference serving as a contingency. There will be no special assessment for this project. Project Schedule The work is scheduled to be completed by August 16, 2019. Communication Once the Council approves the plans and orders the ad for bid, the City will send out a direct mailing to all the properties in the project area notifying them of the potential project. Attachment •Project Location Map Recommended Action •Motion to approve resolution approving the plans and specifications •Motion to approve resolution ordering advertisement for bids 6.4 2019 Street Paving´HampshireNevada36thLouisianaLions ValleyPlace Park Douglas Drive34th 32nd35thJerseyMarylandIdahoHill PlaceValley Place35th Pl33rd 6.4 RESOLUTION NO. 2019 - ______ APPROVING PLANS AND SPECIFICATIONS 2019 BITUMINOUS MILL AND OVERLAY PROJECT #2019-02 WHEREAS, the City is committed to providing a reliable transportation system; and WHEREAS, regular maintenance is a routine part of providing for a reliable transportation system; and WHEREAS, the 2019 Street Maintenance Fund allocated funds for bituminous surface reconditioning and pedestrian curb ramp replacements of local streets; and WHEREAS, plans and specifications have been prepared by the Public Works Department. NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby approves the plans and specifications for the 2019 Bituminous Mill and Overlay Project # 2019-02. Adopted by the Crystal City Council this 5th day of February, 2019. Jim Adams, Mayor ATTEST: ____________________________ Christina Serres, City Clerk 6.4 RESOLUTION NO. 2019 - ______ ORDERING ADVERTISEMENT FOR BIDS 2019 BITUMINOUS MILL AND OVERLAY PROJECT #2019-02 WHEREAS, the City is committed to providing a reliable transportation system; and WHEREAS, regular maintenance is a routine part of providing for a reliable transportation system; and WHEREAS, the 2019 Street Maintenance Fund allocated funds for bituminous surface reconditioning and pedestrian curb ramp replacements of local streets; and WHEREAS, plans and specifications have been prepared by the Public Works Department. WHEREAS, the City Council approved the plans and specifications on February 5, 2019. NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby orders the advertisement for bids for the 2019 Bituminous Mill and Overlay Project # 2019-02. Adopted by the Crystal City Council this 5th day of February, 2019. Jim Adams, Mayor ATTEST: ____________________________ Christina Serres, City Clerk 6.4 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: Feb. 1, 2019 City Council Second Work Session Agenda Feb. 5, 2019 Following the City Council meeting Conference Room A Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the second work session of the Crystal City Council was held at ______ p.m. on Feb. 5, 2019 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. I. Attendance Council Members Staff ____ Budziszewski ____ Norris ____ Deshler ____ Therres ____ Kiser ____ Gilchrist ____ LaRoche ____ Revering ____ Parsons ____ McGann ____ Adams ____ Serres ____ Banks ____ Ray II. Agenda The purpose of the work session is to discuss the following agenda items: 1. MPCA 0% loan for storm water project at Becker Park. III. Adjournment The work session adjourned at ______ p.m. Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531- 1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. Memorandum DATE: February 5, 2019 TO: City Council FROM: Mark Ray, PE, Director of Public Works SUBJECT: MPCA Loan Discussion Background As part of the funding package for the Becker Park storm water project, the City submitted an application to the Minnesota Pollution Control Agency (MPCA) for a $1,250,000 ten year, 0% interest loan. The intent of this loan application was to provide a funding mechanism for the City’s portion of the project cost and improve cash flow. Cost Total anticipated project cost $2,062,066.50 (not including contingency) • Professional Services (Wenck) $308,500.00 • Construction (Contract) $1,753,566.50 Funding Secured ($1,475,000 or 72% of project cost): • Minnesota Board of Water and Soil Resources, Clean Water Fund Projects and Practices $725,000 • Shingle Creek Watershed CIP $250,000 • Metropolitan Council Green Infrastructure Pilot Program Grant $200,000 • 2017 Metropolitan Council Storm Water Grant Program $150,000 • Shingle Creek Watershed Public Cost-Share Program (2018) $50,000 • Hennepin County Natural Resources Opportunity Grant $100,000 (pending Commission Approval) Proposed • MPCA Loan is up to $1,250,000 (current anticipated City portion of the cost is $587,066.50) o Contingency items would be in addition to the City portion and covered by loan Attachment • Storm water utility cash flow with and without the MPCA Loan o Page 1 is the 10 year capital improvement project list o Page 2 is the cash flow analysis assuming the City with the MPCA loan o Page 3 is the cash flow analysis assuming the City without the MPCA loan Recommended Action • Staff is looking for direction on whether to proceed with the MPCA loan or not • Should Council want to move forward, this item would be on the agenda for February 19th. City of Crystal, Minnesota Capital Improvement Plan - Storm Drainage Fund 515 Schedule of Planned Capital Outlay 2018 to 2023 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Year to Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Department Replace Item Cost Amounts Amounts Amounts Amounts Amounts Amounts Amounts Amounts Amounts Amounts Amounts Amounts Storm water 2018 Dredge Basset Creek Park pond (2)1,000,000$ 1,000,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Storm water 2019 Becker Park infiltration project (1)2,062,067 - 2,062,067$ - - - - - - - - - - Storm water 2020 Rate Control,water quality, structure Rehab projects 50,000 - - 50,000 - - - - - - - - - Storm water 2020 W. Broadway and Kentucky Infiltration 150,000 - - 150,000 - - - - - - - - - Storm water 2021 6804 - Gaulke Pond design, dredging, lift station rehab 800,000 - - - 800,000 - - - - - - - - Storm water 2021 Rate Control,water quality, structure Rehab projects 50,000 - - - 50,000 - - - - - - - - Storm water 2022 Brownwood pond dredging and expansion 750,000 - - - - 750,000 - - - - - - - Storm water 2022 Saving for flood control structure replacement 200,000 - - - - 200,000 - - - - - - - Storm water 2023 Rate Control,water quality, structure Rehab projects 50,000 - - - - - 50,000 - - - - - - Storm water 2023 Equipment Replacement 20,000 - - - - - 20,000 - - - - - - Storm water 2023 Saving for flood control structure replacement 200,000 - - - - - 200,000 - - - - - - Storm water 2024 Rate Control,water quality, structure Rehab projects 100,000 -$ -$ -$ -$ -$ -$ 100,000$ -$ -$ -$ -$ -$ Storm water 2024 Saving for flood control structure replacement 200,000 - - - - - - 200,000 - - - - - Storm water 2025 Bassett Creek Park Pond Dredging and 29th culvert replacement (3)2,500,000 - - - - - - - 2,500,000 - - - - Storm water 2025 Equipment Replacement 20,000 - - - - - - - 20,000 - - - - Storm water 2025 Rate Control,water quality, structure Rehab projects 100,000 - - - - - - - 100,000 - - - - Storm water 2025 Saving for flood control structure replacement 200,000 - - - - - - - 200,000 - - - - Storm water 2026 Rate Control,water quality, structure Rehab projects 100,000 - - - - - - - - 100,000 - - - Storm water 2026 Saving for flood control structure replacement 200,000 - - - - - - - - 200,000 - - - Storm water 2027 Equipment Replacement 20,000 - - - - - - - - - 20,000 - - Storm water 2027 Pond dredging - TBD 750,000 - - - - - - - - - 750,000 - - Storm water 2027 Saving for flood control structure replacement 200,000 - - - - - - - - - 200,000 - - Storm water 2028 Rate Control,water quality, structure Rehab projects 100,000 - - - - - - - - - - 100,000 - Storm water 2028 Saving for flood control structure replacement 200,000 - - - - - - - - - - 200,000 - Storm water 2029 Equipment Replacement 20,000 - - - - - - - - - - - 20,000 Storm water 2029 Saving for flood control structure replacement 200,000 - - - - - - - - - - - 200,000 Storm water 2029 Yunkers Park storage project 1,500,000 - - - - - - - - - - - 1,500,000 11,742,067$ 1,000,000$ 2,062,067$ 200,000$ 850,000$ 950,000$ 270,000$ 300,000$ 2,820,000$ 300,000$ 970,000$ 300,000$ 1,720,000$ (3) Assume 50% reimbursement by Bassett Creek Watershed (1) Secured grants of $1,475,000 have been included in the cash flow analysis below. (2) Fully reimbursed by Bassett Creek Watershed City of Crystal, Minnesota Capital Improvement Plan - Storm Drainage Fund 515 Statement of Cash Flows 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Cash Flows from Operating Activities Receipts from customers and users ($1 increase per year through 2021 - stable for remaining term)1,095,142$ 1,154,279$ 1,213,473$ 1,272,666$ 1,272,666$ 1,272,666$ 1,272,666$ 1,272,666$ 1,272,666$ 1,272,666$ 1,272,666$ 1,272,666$ Payments to suppliers and employees (5% growth assumption)(459,183) (482,142) (506,249) (531,562) (558,140) (586,047) (615,349) (646,116) (678,422) (712,343) (747,960) (785,359) Net Cash Provided (Used) by Operating Activities 635,959 672,137 707,224 741,105 714,527 686,620 657,317 626,550 594,244 560,323 524,706 487,308 Cash Flows from Noncapital Financing Activities Transfers out (46,782) (49,326) (50,997) (53,547) (56,224) (59,035) (61,987) (65,086) (68,341) (71,758) (75,346) (79,113) Net Cash Provided (Used) by Noncapital Financing Activities (46,782) (49,326) (50,997) (53,547) (56,224) (59,035) (61,987) (65,086) (68,341) (71,758) (75,346) (79,113) Cash Flows from Capital and Related Financing Activities Acquisition of capital assets (1,000,000) (2,062,067) (200,000) (850,000) (950,000) (270,000) (300,000) (2,820,000) (300,000) (970,000) (300,000) (1,720,000) MPCA Loan 587,067 Payment on MPCA Loan (0% interest); Note; last payment in 2031 (29,353.33) (58,706.65) (58,706.65) (58,706.65) (58,706.65) (58,706.65) (58,706.65) (58,706.65) Intergovernmental revenue (Watershed, Met Council, MNDNR and other)1,000,000 1,475,000 - - - - - 1,250,000 - - - - Net Cash Provided (Used) by Capital and Related Financing Activities - - (200,000) (850,000) (979,353) (328,707) (358,707) (1,628,707) (358,707) (1,028,707) (358,707) (1,778,707) Cash Flows from Investing Activities Investment earnings 7,879 13,850 20,216 24,981 23,606 20,632 23,827 26,431 16,023 17,855 12,632 13,665 Net Increase (Decrease) in Cash and Cash Equivalents 597,056 636,661 476,443 (137,461) (297,445) 319,509 260,450 (1,040,812) 183,220 (522,286) 103,286 (1,356,847) Cash and Cash Equivalents, January 1 787,914 1,384,970 2,021,630 2,498,074 2,360,612 2,063,168 2,382,677 2,643,127 1,602,315 1,785,535 1,263,249 1,366,535 Cash and Cash Equivalents, December 31 1,384,970$ 2,021,630$ 2,498,074$ 2,360,612$ 2,063,168$ 2,382,677$ 2,643,127$ 1,602,315$ 1,785,535$ 1,263,249$ 1,366,535$ 9,689$ Enterprise Fund Projected Activity City of Crystal, Minnesota Capital Improvement Plan - Storm Drainage Fund 515 Statement of Cash Flows 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Cash Flows from Operating Activities Receipts from customers and users ($1 increase per year through 2021 - stable for remaining term)1,095,142$ 1,154,279$ 1,213,473$ 1,272,666$ 1,272,666$ 1,272,666$ 1,272,666$ 1,272,666$ 1,272,666$ 1,272,666$ 1,272,666$ 1,272,666$ Payments to suppliers and employees (5% growth assumption)(459,183) (482,142) (506,249) (531,562) (558,140) (586,047) (615,349) (646,116) (678,422) (712,343) (747,960) (785,359) Net Cash Provided (Used) by Operating Activities 635,959 672,137 707,224 741,105 714,527 686,620 657,317 626,550 594,244 560,323 524,706 487,308 Cash Flows from Noncapital Financing Activities Transfers out (46,782) (49,326) (50,997) (53,547) (56,224) (59,035) (61,987) (65,086) (68,341) (71,758) (75,346) (79,113) Net Cash Provided (Used) by Noncapital Financing Activities (46,782) (49,326) (50,997) (53,547) (56,224) (59,035) (61,987) (65,086) (68,341) (71,758) (75,346) (79,113) Cash Flows from Capital and Related Financing Activities Acquisition of capital assets (1,000,000) (2,062,067) (200,000) (850,000) (950,000) (270,000) (300,000) (2,820,000) (300,000) (970,000) (300,000) (1,720,000) Intergovernmental revenue (Watershed, Met Council, MNDNR and other)1,000,000 1,475,000 - - - - - 1,250,000 - - - - Net Cash Provided (Used) by Capital and Related Financing Activities - (587,067) (200,000) (850,000) (950,000) (270,000) (300,000) (1,570,000) (300,000) (970,000) (300,000) (1,720,000) Cash Flows from Investing Activities Investment earnings 7,879 13,850 14,346 19,051 17,617 14,877 18,601 21,741 11,873 14,250 9,579 11,168 Net Increase (Decrease) in Cash and Cash Equivalents 597,056 49,594 470,573 (143,391) (274,080) 372,461 313,932 (986,796) 237,776 (467,184) 158,939 (1,300,637) Cash and Cash Equivalents, January 1 787,914 1,384,970 1,434,564 1,905,137 1,761,746 1,487,666 1,860,127 2,174,058 1,187,262 1,425,038 957,854 1,116,792 Cash and Cash Equivalents, December 31 1,384,970$ 1,434,564$ 1,905,137$ 1,761,746$ 1,487,666$ 1,860,127$ 2,174,058$ 1,187,262$ 1,425,038$ 957,854$ 1,116,792$ (183,845)$ Enterprise Fund Projected Activity Please hand this form to the City Clerk before the meeting begins. 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