07-08-08
AGENDA
Council/Manager Meeting
Golden Valley City Hall
7800 Golden Valley Road
Council Conference Room
July 8, 2008
6:30 pm or immediately following the HRA meeting
1. 5 Cities Senior Transportation Program
2. Proposed Ordinance Amendments - Private Contractors Permitted to Perform
Sanitary Sewer Service Inspections and Related Fee Schedule
3. Enforcement of Inflow and Infiltration Regulations
4. Extension of Subdivision Development Agreement - 4736 Glenwood Avenue
5. Proposed Ordinance Amendment - Lawn Maintenance Violations and
Phosphorous Fertilizers
6. 2008 Building Maintenance Projects
7. Crime Free Housing
8. 2009 General Fund Proposed Budget
Council/Manager meetings have an informal, discussion-style format and are designed
for the Council to obtain background information, consider policy alternatives, and
provide general directions to staff. No formal actions are taken at these meetings. The
public is invited to attend Council/Manager meetings and listen to the discussion; public
participation is allowed by invitation of the City Council.
alley
Me ndu
City Administration/Council
763-593-8003 I 763-593-8109 (fax)
Executive Summary
Golden Valley Council/Manager Meeting
July 8, 2008
Agenda Item
1. 5 Cities Senior Transportation Program
Prepared By
Thomas Burt, City Manager
Summary
Rita Debruyn, Senior Program Coordinator, along with two Golden Valley users of the
program will be at the meeting.
Attachment
Email from Rita Debruyn dated July 1, 2008 (1 page)
From: Rita Debruyn [mailto:rdebruyn@CI.ROBBINSDALE.MN.US]
Sent: Tuesday, July 01,20089:30 AM
To:Burt,Tom;Fack~~Jeanne
Subject: Two riders for next Tuesday, July 8
Hi Tom and Jeanne,
I have two GV riders who will come with me to the GV work session next Tuesday:
Sylvia Nelson and Sophie Beugen. They are so excited for this opportunity to tell the
Council what the program means to them. I will pick them up and plan to arrive in plenty
of time for the start of the meeting at 6:30.
Warmly,
Rita
Me ora dum
Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary
Golden Valley Council/Manager Meeting
July 8,2008
Agenda Item
2. Proposed Revisions to City Code, Sections 3.30 and 3.31, Rules and Regulations Relating
to Sanitary Sewer Service
Prepared By
Jeannine Clancy, Director of Public Works
Summary
The City Council approved the proposed revisions to City Code, Sections 3.30 and 3.31,
Rules and Regulations Relating to Sanitary Sewer Service ordinance on its first consideration
on June 3, 2008. However, Council requested that some modifications be made to the
ordinance prior to its second consideration. After conferring with the City Attorney, staff would
like to discuss with Council the suggestion to modify the Code to remove Section 3.30
Subdivision 3B, and all related sections, regarding plumbing permits, variances, subdivisions,
etc., prior to considering the language at a regular Council meeting.
Attachments
Section 3.30: Rules and Regulations Relating to Sanitary Sewer Service (5 pages)
Section 3.30: Rules and Regulations Relating to Sanitary Sewer Service, red line version
(5 pages)
Section 3:31: Contractual Contents (3 pages)
Section 3:31: Contractual Contents, redline version (3 pages)
Ordinance No. 399, Amendment to Chapter 1 Regarding Providing Penalties for Fraudulent
Statements and Amendments to Chapter 3 Regarding Private Contractors Permitted to
Perform Sanitary Sewer Service Inspections (3 pages)
Ordinance No. 400, Amending the Master Fee Schedule for Sanitary Sewer Inspections and
Compliance Fees (1 page)
Section 3.30:
Rules and Regulations Relating to Sanitary
Sewer Service
The following apply only to sanitary sewer service.
Subdivision 1. Metered Water Not Discharged
If a portion of the water furnished to any premises is consumed and not
directly or indirectly discharged into the sanitary sewer system, the
consumer may request a separate water meter for the portion of the water
consumed and not discharged in the sanitary sewer. There shall be no
sanitary sewer charges associated with the water meter account for water
consumed but not discharged to the sanitary sewer system.
Subdivision 2. Deleterious Substances
Metropolitan Council Environmental Services standards shall control disposal
of types of substances discharged.
Subdivision 3. Unlawful Discharge
Except as otherwise expressly authorized in this subdivision, no water from
any roof surface, sump pump, footing tile or drains, swimming pool, any
other natural precipitation or groundwater, cooling water or industrial
process shall be discharged into the sanitary sewer system. Dwellings,
buildings and structures with sump pumps or footing tiles or drains shall
have a permanently installed discharge line which shall not at any time
discharge water into the sanitary sewer system, except as provided herein. A
permanent installation shall be one which provides for year-round discharge
capability to either the outside of the dwelling, building or structure, or is
connected to a city storm sewer or draintile. It shall consist of a rigid
discharge line without valving or quick connections for altering the path of
discharge or a system otherwise approved by the Director of Public Works.
A. Any person, firm or corporation having a roof surface, ground water
sump pump, footing tile or drain, swimming pool, cooling water or
unpolluted industrial process water now connected and/or discharging
into the sanitary sewer system shall disconnect or remove the same.
Any disconnects or openings in the sanitary sewer system shall be
closed or repaired in an effective, workmanlike manner with the proper
permits and inspected by a representative of the City. If a City
draintile or storm sewer system is available to the property, these
discharges may be connected to it. If a public system is not utilized,
these discharges must be accommodated on the owner's property.
B. Any property owner or consumer applying for a plumbing permit
(excluding permits for water heaters), variance, minor subdivision or
other action from the City shall agree to an inspection of the
structure's sump pump, footing or foundation drain discharge for
compliance with this code. All inspections and inspection reports must
include a date-stamped video record of the complete lateral line from
the property to the sewer main. All inspections must be performed
and reports completed in accordance with City standards and
specifications. In lieu of having the City inspect the property, the
owner may furnish a certificate from a licensed plumber in a form
acceptable to the City, certifying that the inside of the property
owner's home is in compliance with this Chapter, that the licensed
plumber completing the certification was the individual who performed
the inspection, that he or she is licensed to perform such inspections,
and that the videotape of the lateral line is accurate. The date-
stamped video record shall be submitted to the City and reviewed and
approved by the City for assessment of compliance with this section of
the Code. Requested actions shall not be forwarded to City boards or
commissions or the City Council for review until the discharges are in
full compliance with this section of City Code.
C. Every person owning real estate to which sanitary sewer service is
provided shall allow the City or a designated representative of the City
to inspect the buildings, if any, to confirm there is no sump pump or
other prohibited discharge into the sanitary sewer system. In lieu of
having the City inspect such property, the owner may no later than 30
days after mailed written notice from the City that the property is
subject to inspection, furnish a certificate from a licensed plumber in a
form acceptable to the City, certifying that the property is in
compliance with this Chapter. All inspections and inspection reports
must include a date-stamped video record of the complete lateral line
from the property to the sewer main. All inspections must be
performed and reports completed in accordance with City standards
and specifications. In lieu of having the City inspect the property, the
owner may furnish a certificate from a licensed plumber in a form
acceptable to the City, certifying that the inside of the property
owner's home is in compliance with this Chapter, that the licensed
plumber completing the certification was the individual who performed
the inspection, that he or she is licensed to perform such inspections,
and that the video record of the lateral line is accurate. The date-
stamped video record shall be submitted to the City and reviewed and
approved by the City for assessment of compliance with this section of
the Code. The City may inspect or re-inspect any buildings to confirm
there is no sump pump or other prohibited discharge into the sanitary
sewer system with a valid warrant.
D. All new structures with sumps for which a building permit is issued
shall be plumbed to the outside of the dwelling, and connected to a
City draintile or storm sewer system, if available, before a certificate of
occupancy is issued except that upon City approval discharge may be
made to privately or publicly-owned infiltration basins. A maintenance
agreement with the City is required for any such basin in the right-of-
way.
E. Any property with a sump pump found not in compliance with this
Code but subsequently verified as compliant shall be subject to an
annual re-inspection to confirm continued compliance. If that property
is found not to be in compliance upon re-inspection, or any person
refusing to allow their property to be re-inspected within 30 days after
receipt of mailed written notice from the City or failing to furnish a
certificate certifying compliance with this Chapter from a licensed
plumber in a form acceptable to the city as described in subdivision 3,
sections (6) and (C), that property shall be subject to a nonrefundable
surcharge of $500 per month, to be imposed on each sewer bill
thereafter to that property until the noncompliance or refusal to allow
entry is corrected. All properties found during any re-inspection to
have violated this section shall be subject to a nonrefundable monthly
surcharge that is double the previously charged surcharge. The
nonrefundable surcharge for all properties which are not single family
residential shall be $1,000 per month.
F. Unless the conditions are found to be hazardous to the inspected
property or neighboring properties, any sanitary sewer inspections
undertaken as a part of the City's Pavement Management Program
shall be entirely voluntary and any conditions found not to be in
compliance with this Chapter need not be repaired until the property is
to be transferred and inspection is required under Section 3.31 of this
Code.
G. In the event a foundation drain is connected to the sanitary sewer
service it shall not only be disconnected but the property owner shall
install a sump basket and pump properly discharged outside the
structure to provide adequate drainage from the foundation drain
system.
Subdivision 4. Winter Discharge
The Director of Public Works is authorized to permit a property owner to
discharge clear water into the sanitary sewer system. Prior to issuance of the
permit the Director of Public Works must verify that the criteria to issue the
permit have been satisfied. The fee for this permit shall be in an amount to
be fixed by the Council and adopted by ordinance. The permit shall authorize
such discharge only from November 15 to March 15, shall require the owner
to permit an inspection of the property on March 16 or as soon. thereafter as
possible to determine that discharge into the sanitary sewer has been
discontinued and shall subject the owner to a $500 monthly non-refundable
surcharge in the event the owner refuses an inspection or has failed to
discontinue the discharge into the sanitary sewer. The non-refundable charge
will commence with the April water billing and continue until the property
owner establishes compliance with this section. A property owner is required
to meet at least one of the following criteria in order to obtain a permit:
A. The freezing of the discharge from the sump pump, footing or
foundation drain is causing a dangerous condition, such as ice buildup
or flooding, on either public or private property.
B. The property owner has demonstrated that there is a danger that the
sump pump, footing or foundation drain pipes will freeze up and result
in either failure or damage to the sump pump unit or the footing or
foundation drain and cause basement flooding.
C. The water being discharged from the sump pump, footing or
foundation drain cannot be readily discharged into a city draintile or
storm sewer system or other acceptable drainage system.
Following ten (10) days written notice and an opportunity to be heard, the
Director of Public Works may require the owners of the property to discharge
their sump pump or footing or foundation drain into the sanitary sewer from
November 15 to March 15 if the discharge is causing an icy condition on
streets.
Subdivision 5. Separate Connections
A separate sewer service connection shall be provided for each building,
except where one building stands at the rear of another on an interior lot and
no such separate connection is available, provided that more than one
service may be connected to the sewer system through one connection
where a manhole is provided and the City has specifically approved the
arrangement.
Subdivision 6. Materials
Where any pipe or other material is found in repairing a sewer service which
does not then meet the requirements of the State Building Code or current
City standards and specifications, the repaired or replaced portion of the
sewer service pipe shall comply with current City standards and codes and
shall be removed and replaced at the expense of the consumer.
Subdivision 7. Elevation
Wherever possible, the sewer service shall be brought to the building to be
served at an elevation below the floor of the lowest level in the building. No
such service shall be laid parallel to or within three feet of any bearing wall.
The depth shall be sufficient to afford protection from frost. To the extent
possible, the sewer service shall be laid at uniform grade and in straight
alignment. If the service is too low to afford gravity flow, an appropriate
device shall be installed for lifting sewage to the service.
Subdivision 8. Connections
Wherever possible, the sewer service shall be connected to the wye provided
or the stub at the lot line. If such connection cannot be used, the main may
be tapped upon the approval of the City and at the expense of the owner. All
connections must be constructed in accordance with the current City
standards, be appropriately permitted, and be inspected by the City.
Subdivision 9. Ownership of Sewer Service Lateral
The property owner shall own and be responsible for the maintenance of the
sanitary sewer service lateral between the sanitary sewer main within the
street and the building being served, including the connection to the main.
Subdivision 10. Unmetered Water Supply
The discharge of sewage into the sewer system from water sources other
than the City's water supply is prohibited without a permit from the City and
shall include metering of the water supply or discharge. The metered supply
or discharge must use meters purchased from the City.
Subdivision 11. Additional Rules and Regulations
The Council may, by resolution, adopt such additional rules and regulations
relating to placement, size and type of equipment as it, in its discretion,
deems necessary or desirable. Copies of such additional rules and regulations
shall be kept on file in the office of the Director of Public Works, and
uniformly enforced.
000090/480568/700403_4
Section 3-30:
Rules and Regulations Relating to Sanitary
Sewer Service
The following apply only to sanitary sewer service.
Subdivision 1. Metered Water Not Discharged
If a portion of the water furnished to any premises is consumed and not
directly or indirectly discharged into the sanitary sewer system, the
consumer may request a separate water meter for the portion of the water
consumed and not discharged in the sanitary sewer. There shall be no
sanitary sewer charges associated with the water meter account for water
consumed but not discharged to the sanitary sewer system.
Subdivision 2. Deleterious Substances
Metropolitan Council Environmental Services standards shall control disposal
of types of substances discharged.
Subdivision 3. Unlawful Discharge
Except as otherwise expressly authorized in this subdivision, no water from
any roof surface, sump pump, footing tile or drains, swimming pool, any
other natural precipitation or groundwater, cooling water or industrial
process shall be discharged into the sanitary sewer system. Dwellings,
buildings and structures with sump pumps or footing tiles or drains shall
have a permanently installed discharge line which shall not at any time
discharge water into the sanitary sewer system, except as provided herein. A
permanent installation shall be one which provides for year-round discharge
capability to either the outside of the dwelling, building or structure, or is
connected to a city storm sewer or draintile. It shall consist of a rigid
discharge line without valving or quick connections for altering the path of
discharge or a system otherwise approved by the Director of Public Works.
A. Any person, firm or corporation having a roof surface, ground water
sump pump, footing tile or drain, swimming pool, cooling water or
unpolluted industrial process water now connected and/or discharging
into the sanitary sewer system shall disconnect or remove the same.
Any disconnects or openings in the sanitary sewer system shall be
closed or repaired in an effective, workmanlike manner with the proper
permits and inspected by a representative of the City. If a City
draintile or storm sewer system is available to the property, these
discharges may be connected to it. If a public system is not utilized,
these discharges must be accommodated on the owner's property.
B. Any property owner or consumer applying for a plumbing permit
(excluding permits for water heaters), variance, minor subdivision or
other action from the City shall agree to an inspection of the
structure's sump pump, footing or foundation drain discharge for
compliance with this code. All insoections and insoection reoorts must
include a date-stamoed video record of the comolete lateral line from
the orooertv to the sewer main. All insoections must be oerformed
and reoorts comoleted in accordance with Citv standards and
soecifications. In lieu of havina the Citv insoect the orooertv. the
owner mav furnish a certificate from a licensed olumber in a form
acceotable to the Citv. certifvina that the inside of the orooertv
owner's home is in comoliance with this Chaoter. that the licensed
olumber comoletina the certification was the individual who oerformed
the insoection. that he or she is licensed to oerform such insoections.
and that the videotaoe of the lateral line is accurate, The date-
stamoed video record shall be submitted to the Citv and reviewed and
aooroved bv the Citv for assessment of comoliance with this section of
the Code. Requested actions shall not be forwarded to City boards or
commissions or the City Council for review until the discharges are in
full compliance with this section of City Code.
C. Every person owning impro'Jcd real estate th~t disch~rgcs into thc
€ity!sto which sanitary sewer systcmservice is orovided shall allow the
City or a designated representative of the City to inspect the buildings,f,
if anv. to confirm there is no sump pump or other prohibited discharge
into the sanitary sewer system. In lieu of havina the Citv insoect such
orooertv. the owner mav no later than 30 davs after mailed written
notice from the Citv that the orooertv is subiect to insoection. furnish
a certificate from a licensed olumber in a form acceotable to the Citv.
certifvina that the orooertv is in comoliance with this Chaoter, All
insoections and insoection reoorts must include a date-stamoed video
record of the comolete lateral line from the orooertv to the sewer
main. All insoections must be oerformed and reoorts comoleted in
accordance with Citv standards and soecifications. In lieu of havina
the Citv insoect the orooertv. the owner mav furnish a certificate from
a licensed olumber in a form acceotable to the Citv. certifvina that the
inside of the orooertv owner's home is in comoliance with this Chaoter.
that the licensed olumber comoletina the certification was the
individual who oerformed the insoection. that he or she is licensed to
oerform such insoections. and that the video record of the lateral line
is accurate. The date-stamoed video record shall be submitted to the
Citv and reviewed and aooroved bv the Citv for assessment of
comoliance with this section of the Code. The Citv mav insoect or re-
insoect anv buildinas to confirm there is no sumo oumo or other
orohibited discharae into the sanitarv sewer svstem with a valid
warrant.
12... D. All new structures with sumps for which a building permit is
issued shall be plumbed to the outside of the dwelling, and connected
to a City draintile or storm sewer system, if available, before a
certificate of occupancy is issued except that upon City approval
discharge may be made to privately or publicly-owned infiltration
basins. A maintenance agreement with the City is required for any
such basin in the right-of-way.
.E.. E. Any property with a sump pump found not in compliance with
this Code but subsequently verified as compliant shall be subject to an
annual re-inspection to confirm continued compliance. If that property
is found not to be in compliance upon re-inspection, or any person
refusing to allow their property to be re-inspected within 30 days after
receipt of mailed written notice from the City or failina to furnish a
certificate certifvina comoliance with this Chaoter from a licensed
olumber in a form acceotable to the citv as described in subdivision 3.
sections (B) and (C), that property shall be subject to a nonrefundable
surcharge of $500 per month, to be imposed on each sewer bill
thereafter to that property until the noncompliance or refusal to allow
entry is corrected. All properties found during any re-inspection to
have violated this section shall be subject to a nonrefundable monthly
surcharge that is double the previously charged surcharge. The
nonrefundable surcharge for all properties which are not single family
residential shall be $1,000 per month.
E. Unless the conditions are found to be hazardous to the insoected
orooertv or neiahborina orooerties. anv sanitarv sewer insoections
undertaken as a Dart of the Citv's Pavement Manaaement Proaram
shall be entirelv voluntarv and anv conditions found not to be in
comoliance with this Chaoter need not be reoaired until the orooertv is
to be transferred and insoection is reauired under Section 3.31 of this
Code.
.G.... In the event a foundation drain is connected to the sanitarv sewer
service it shall not onlv be disconnected but the orooertv owner shall
install a sumo basket and oumo orooerlv discharaed outside the
structure to orovide adeauate drainaae from the foundation drain
svstem.
Subdivision 4. Winter Discharge
The Director of Public Works is authorized to permit a property owner to
discharge clear water into the sanitary sewer system. Prior to issuance of the
permit the Director of Public Works must verify that the criteria to issue the
permit have been satisfied. The fee for this permit shall be in an amount to
be fixed by the Council and adopted by ordinance. The permit shall authorize
such discharge only from November 15 to March 15, shall require the owner
to permit an inspection of the property on March 16 or as soon thereafter as
possible to determine that discharge into the sanitary sewer has been
discontinued and shall subject the owner to a $500 monthly non-refundable
surcharge in the event the owner refuses an inspection or has failed to
discontinue the discharge into the sanitary sewer. The non-refundable charge
will commence with the April water billing and continue until the property
owner establishes compliance with this section. A property owner is required
to meet at least one of the following criteria in order to obtain a permit:
A. The freezing of the discharge from the sump pump, footing or
foundation drain is causing a dangerous condition, such as ice buildup
or flooding, on either public or private property.
B. The property owner has demonstrated that there is a danger that the
sump pump, footing or foundation drain pipes will freeze up and result
in either failure or damage to the sump pump unit or the footing or
foundation drain and cause basement flooding.
C. The water being discharged from the sump pump, footing or
foundation drain cannot be readily discharged into a city draintile or
storm sewer system or other acceptable drainage system.
Following ten (10) days written notice and an opportunity to be heard, the
Director of Public Works may require the owners of the property to discharge
their sump pump or footing or foundation drain into the sanitary sewer from
November 15 to March 15 if the discharge is causing an icy condition on
streets.
Subdivision 5. Separate Connections
A separate sewer service connection shall be provided for each building,
except where one building stands at the rear of another on an interior lot and
no such separate connection is available, provided that more than one
service may be connected to the sewer system through one connection
where a manhole is provided and the City has specifically approved the
arrangement.
Subdivision 6. Materials
Where any pipe or other material is found in repairing a sewer service which
does not then meet the requirements of the State Building Code or current
City standards and specifications, the repaired or replaced portion of the
sewer service pipe shall comply with current City standards and codes and
shall be removed and replaced at the expense of the consumer.
Subdivision 7. Elevation
Wherever possible, the sewer service shall be brought to the building to be
served at an elevation below the floor of the lowest level in the building. No
such service shall be laid parallel to or within three feet of any bearing wall.
The depth shall be sufficient to afford protection from frost. To the extent
possible, the sewer service shall be laid at uniform grade and in straight
alignment. If the service is too low to afford gravity flow, an appropriate
device shall be installed for lifting sewage to the service.
Subdivision 8. Connections
Wherever possible, the sewer service shall be connected to the wye provided
or the stub at the lot line. If such connection cannot be used, the main may
be tapped upon the approval of the City and at the expense of the owner. All
connections must be constructed in accordance with the current City
standards, be appropriately permitted, and be inspected by the City.
Subdivision 9. Ownership of Sewer Service Lateral
The property owner shall own and be responsible for the maintenance of the
sanitary sewer service lateral between the sanitary sewer main within the
street and the building being served, including the connection to the main.
Subdivision 10. Unmetered Water Supply
The discharge of sewage into the sewer system from water sources other
than the City's water supply is prohibited without a permit from the City and
shall include metering of the water supply or discharge. The metered supply
or discharge must use meters purchased from the City.
Subdivision 11. Additional Rules and Regulations
The Council may, by resolution, adopt such additional rules and regulations
relating to placement, size and type of equipment as it, in its discretion,
deems necessary or desirable. Copies of such additional rules and regulations
shall be kept on file in the office of the Director of Public Works, and
uniformly enforced.
000090/4805681700403 _ ~
Section 3.31: Contractual Contents
SECTION 3.31. CERTIFICATE OF INFLOW AND INFILTRATION ("1&1")
COMPLIANCE
Subdivision 1. Required
No person shall sell, advertise for sale, give or transact a change in title or property
ownership of real property with one or more buildings or structures, without first
obtaining a certificate of I & I compliance from the City or complying with Subd. 5
hereof.
Subdivision 2. Application and Fees
A. Unless the property owner already has a certificate of I & I compliance for a
property, the owner or owner's representative is required to apply for a
certificate and complete an inspection thereof before such property is offered
for sale, gifted or transferred, and before the owner or owner's
representative enters into any contract for deed or other transaction
changing the party responsible for the property. Even if the property owner
already has a certificate of I & I compliance, if it is more than one year old, a
sump pump inspection is required for all properties containing sump pumps.
B. At the time of application, the applicant for either a certificate of I & I
compliance or a sump pump inspection shall pay the appropriate application
fee. Such fees shall be set from time to time by the City.
Subdivision 3. Inspection
The applicant for a certificate of I & I compliance or sump pump inspection is
responsible for providing an inspection of the property after making application and
payment of fees. An inspection shall be made either (1) by the City or (2) by a
licensed plumber to determine whether the property use is in accordance with City
sanitary sewer service regulations, as provided in Section 3.30 of this Chapter. The
entire property and all buildings on the property shall be made available for
inspection.
Subdivision 4. Compliance and Expiration
A. Upon inspection, when the property use is in accordance with City sanitary
sewer services regulations, a certificate of I & I compliance will be issued by
the City.
B. A Certificate of I & I compliance is valid to be used for the transfer of
property.
C. The certificate of I & I compliance must be conspicuously displayed on the
premises at all times when the property is being shown for sale and the
owner is responsible for informing any potential buyers, gift recipients or
other persons to whom he or she intends to transfer title as to his or her
receipt of the certificate of I & I compliance.
D. If, within one year of the issue of a certificate of I & I compliance, the owner
named on the certificate of I & I compliance does not agree to an inspection
of the structure's sump pump, footing or foundation drain discharge, or
furnish a certificate from a licensed plumber in a form acceptable to the City
as described in Section 3.30, subdivision 3, sections (6) and (C), certifying
that the property is in compliance with this Chapter, when required by
Section 3.30, subd. 3(6) of this Chapter, the certificate is immediately void.
Such inspections trigger the administrative sanctions found in Section 3.30,
subd. 3 of this Chapter.
Subdivision 5. Correction Notice
If an inspection discloses that use of a property is not in accordance with City
sanitary sewer service regulations, a correction notice may be issued by the City
permitting the transfer of property, providing;
A. An agreement by the owner or owner's representative has been executed
with the City, whereby the owner or owner's representative agrees to
complete corrections to the property necessary to bring it within compliance
of the City sanitary sewer service regulations, Section 3.30 of this Chapter
within sixty (60) days of the transfer of property.
6. A security to ensure completion of any corrections to the property must be
posted with the dosing agent in the form of an escrow, or with the City when
a closing agent is not involved, at the time of property transfer or closing.
The security shall be in an amount at least equal to 125% of the retail value
of the work necessary for compliance with this Section. The escrow must be
fully maintained until a certificate of I & I compliance is issued. A correction
notice shall not be issued for more than one hundred eighty (180) days
following the first inspection of the property, but it may be extended for
additional periods up to one hundred eighty (180) days each by the City
Manager's designee.
The owner (or transferor) and any real estate agents involved in the transaction are
responsible for disclosing the correction notice to the transferee and all other
persons or entities involved in the transaction. The responsibility for repairing any
nonconformance with the sanitary sewer service regulations runs with the land and
not only rests with the owner or transferor but is also an obligation of the
transferee(s) of the property.
Subdivision 6. Sanctions
At all times during the certification process, the owner is responsible for any
sanctions or surcharges under Section 3.30, subd. 4 of this Chapter.
Subdivision 7. Repeated Inspection
Upon inspection, when the property use is not legal in accordance with City sanitary
sewer service regulations, the owner shall be entitled to a second inspection to be
scheduled within ninety (90) days of the original inspection. If, as a result of this
inspection, the City inspector determines (or a licensed plumber certifies and the
certified videotape is determined by the City to be compliant) that all violations of
City sanitary sewer regulations have been corrected, the City shall immediately
issue a certificate of I & I compliance.
Subdivision 8. Previously Issued Certificates
Certificates of sewer regulations compliance issued under prior laws between
January 1, 2007 and May 31, 2007 shall have the same force and effect as
certificates of I & I compliance issued under this section 3.31. Temporary
certificates of sewer regulations compliance issued under prior laws between
January 1, 2007 and May 31, 2007 shall have the same force and effect as provided
under prior laws.
000090/4805681700404_3
Section 3.31: Contractual Contents
SECTION 3.31. CERTIFICATE OF INFLOW AND INFILTRATION ("1&1")
COMPLIANCE
Subdivision 1. Required
No person shall sell, advertise for sale, give or transact a change in title or property
ownership of real property with one or more buildings or structures, without first
obtaining a certificate of I & I compliance from the City or complying with Subd. 5
hereof.
Subdivision 2. Application and Fees
A. Unless the property owner already has a certificate of I & I compliance for a
property, the owner or owner's representative is required to m~ke
~pplic~tion~ for stt€A-a certificate and comolete an insoection thereof
before such property is offered for sale, gifted or transferred, and before the
owner or owner's representative enters into any contract for deed or other
transaction changing the party responsible for the property. Even if the
property owner already has a certificate of I & I compliance, if it is more than
one year old, a sump pump inspection is required for all properties containing
sump pumps.
B. At the time of application, the applicant for either a certificate of I & I
compliance or a sump pump inspection shall pay the appropriate application
fee. Such fees shall be set from time to time by the City.
Subdivision 3. Inspection
The applicant for a certificate of I & I compliance or sump pump inspection is
responsible for requestingorovidina an inspection of the property after making
application and payment of fees. An inspection shall be made either (1) by the City
or (2) bv a licensed olumber to determine whether the property use is in
accordance with City sanitary sewer service regulations, as provided in Section 3.30
of this Chapter. The entire property and all buildings on the property shall be made
available for inspection.
Subdivision 4. Compliance and Expiration
A. Upon inspection, when the property use is in accordance with City sanitary
sewer services regulations, a certificate of I & I compliance will be issued by
the City.
B. A Certificate of I & I compliance is valid to be used for the transfer of
property. The certific~te of I & I compli~nce m~., only be used for property
tr~nsfer by the O'v\'ner n~med on the certific~te or the owner's leg~1
represent~tive.
C. The certificate of I & I compliance must be conspicuously displayed on the
premises at all times when the property is being shown for sale and the
owner is responsible for informing any potential buyers, gift recipients or
other persons to whom he or she intends to transfer title as to his or her
receipt of the certificate of I & I compliance.
D. If, within one year of the issue of a certificate of I & I compliance, the owner
named on the certificate of I & I compliance does not agree to an inspection
of the structure's sump pump, footing or foundation drain discharge, Q[
furnish a certificate from a licensed olumber in a form acceotable to the Citv
as described in Section 3.30. subdivision 3. sections (S) and (C). certifvina
that the orooertv is in comoliance with this Chaoter. when required by
Section 3.30, subd. 3(0,6,) of this Chapter, the certificate is immediately void.
Such inspections trigger the administrative sanctions found in Section 3.30,
subd. 3 of this Chapter.
Subdivision 5. Correction Notice
If an inspection discloses that use of a property is not in accordance with City
sanitary sewer service regulations, a correction notice may be issued by the City
permitting the transfer of property, providing;
A. An agreement by the owner or owner's representative has been executed
with the City, whereby the owner or owner's representative agrees to
complete corrections to the property necessary to bring it within compliance
of the City sanitary sewer service regulations, Section 3.30 of this Chapter
within sixty (60) days of the transfer of property.
S. A security to ensure completion of any corrections to the property must be
posted with the closing agent in the form of an escrow, or with the City when
a closing agent is not involved, at the time of property transfer or closing.
The security shall be in an amount at least equal to 125% of the retail value
of the work necessary for compliance with this Section. The escrow must be
fully maintained until a certificate of I & I compliance is issued. A correction
notice shall not be issued for more than one hundred eighty (180) days
following the first inspection of the property, but it may be extended for
additional periods up to one hundred eighty (180) days each by the City
Manager's designee.
The owner (or transferor) and any real estate agents involved in the transaction are
responsible for disclosing the correction notice to the transferee and all other
persons or entities involved in the transaction. The responsibility for repairing any
nonconformance with the sanitary sewer service regulations runs with the land and
not only rests with the owner or transferor but is also an obligation of the
tra nsferee( s) of the property.
Subdivision 6. Sanctions
At all times during the certification process, the owner is responsible for any
sanctions or surcharges under Section 3.30, subd. 4 of this Chapter.
Subdivision 7. Repeated Inspection
Upon inspection/ when the property use is not legal in accordance with City sanitary
sewer service regulations/ the owner shall be entitled to a second inspection to be
scheduled within ninety (90) days of the original inspection. If/ at:as a result of this
inspection/ the City inspector determines (or a licensed olumber certifies and the
certified videotaoe is determined bv the Citv to be comoliant) that all violations of
City sanitary sewer regulations have been corrected/ the City shall immediately
issue a certificate of I & I compliance.
Subdivision 8. Previously Issued Certificates
Certificates of sewer regulations compliance issued under prior laws between
January 1/ 2007 and May 31/ 2007 shall have the same force and effect as
certificates of I & I compliance issued under this section 3.31. Temporary
certificates of sewer regulations compliance issued under prior laws between
January 1/ 2007 and May 31/ 2007 shall have the same force and effect as provided
under prior laws.
000090/480568/700404_ -l-J
ORDINANCE NO. 399, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amendment to Chapter 1 Regarding Providing Penalties for Fraudulent Statements and
Amendments to Chapter 3 Regarding Private Contractors Permitted
to Perform Sanitary Sewer Service Inspections
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. Chapter 1 of the City Code is hereby amended by adding Section 1.12 as
follows:
SECTION 1.12. UNTRUTHFUL OR FRAUDULENT STATEMENTS IN AN
APPLICATION. It is a misdemeanor for any person making an application or
certifying something as true or factual under any part of this Code to make a false
statement of fact or to falsely certify something as correct or factual when it is not.
Section 2.Section 3.30 of the City Code is hereby amended in Subdivision 3, subpart
8, by adding the following after the first sentence thereof:
All inspections and inspection reports must include a date-stamped video record of
the complete lateral line from its end on the property to the sewer main. All
inspections must be performed and reports completed in accordance with City
standards and specifications. In lieu of having the City inspect the property, the
owner may furnish a certificate from a licensed plumber in a form acceptable to the
City, certifying that the inside of the property owner's home, or other building(s) on
the property, is (are) in compliance with this Chapter, that the licensed plumber
completing the certification was the individual who performed the inspection, that he
or she is licensed to perform such inspections, and that the videotape of the lateral
line is accurate. The date-stamped video record shall be submitted to the City and
reviewed and approved by the City for assessment of compliance with this section of
the Code.
Section 3. Section 3.30 of the City Code is hereby amended in Subdivision 3,
subpart C, by changing it to read as follows:
Every person owning real estate to which sanitary sewer service is provided shall
allow the City or a designated representative of the City to inspect the buildings, if
any, to confirm there is no sump pump or other prohibited discharge into the sanitary
sewer system. In lieu of having the City inspect such property, the owner may no
later than 30 days after mailed written notice from the City that the property is
subject to inspection, furnish a certificate from a licensed plumber in a fbrm
acceptable to the City, certifying that the property is in compliance with this Chapter.
All inspections and inspection reports must include a date-stamped video record of
the complete lateral line from the property to the sewer main. All inspections must
be performed and reports completed in accordance with City standards and
specifications. In lieu of having the City inspect the property, the owner may furnish
a certificate from a licensed plumber in a form acceptable to the City, certifying that
the inside of the property owner's home is in compliance with this Chapter, that the
licensed plumber completing the certification was the individual who performed the
inspection, that he or she is licensed to perform such inspections, and that the video
record of the lateral line is accurate. The date-stamped video record shall be
submitted to the City and reviewed and approved by the City for assessment of
compliance with this section of the Code. The City may inspect or re-inspect any
buildings to confirm there is no sump pump or other prohibited discharge into the
sanitary sewer system with a valid warrant.
Section 4. Section 3.30 of the City Code is amended in Subdivision 3, subpart E, by
adding the words "or failing to furnish a certificate certifying compliance with this Chapter
from a licensed plumber in a form acceptable to the city as described in subdivision 3,
sections (8) and (C)," in the second sentence after the words "receipt of mailed written
notice from the City".
Section 5. Section 3.30 of the City Code, Subdivision 2, subpart F, is added as
follows:
F. Unless the conditions are found to be hazardous to the inspected property or
neighboring properties, any sanitary sewer inspections undertaken as a part
of the City's Pavement Management Program shall be entirely voluntary and
any conditions found not to be in compliance with this Chapter need not be
repaired until the prope"rty is to be transferred and inspection is required
under Section 3.31 of this Code.
Section 6. Section 3.30 of the City Code, Subdivision 2, subpart G, is added as
follows:
G. In the event a foundation drain is connected to the sanitary sewer service it
shall not only be disconnected but the property owner shall install a sump
basket and pump properly discharged outside the structure to provide
adequate drainage from the foundation drain system.
Section 7. Section 3.31, Subdivision 2, subpart A of the City Code is hereby
amended in the first sentence to read as follows:
Unless the property owner already has a certificate of I & I compliance for a
property, the owner or owner's representative is required to apply for a certificate
and complete an inspection thereof before such property is offered for sale, gifted or
transferred, and before the owner or owner's representative enters into any contract
for deed or other transaction changing the party responsible for the property.
Section 8. Section 3.31, Subdivision 3 of the City Code is hereby amended to read
as follows:
The applicant for a certificate of I & I compliance or sump pump inspection is
responsible for providing an inspection of the property after making application and
payment of fees. An inspection shall be made either (1) by the City or (2) by a
licensed plumber to determine whether the property use is in accordance with City
sanitary sewer service regulations, as provided in Section 3.30 of this Chapter. The
2
entire property and all buildings on the property shall be made available for
inspection.
Section 9. Section 3.31, Subdivision 4, subpart B, is amended by deleting the
second sentence.thereof.
Section 10. Section 3.31, Subdivision 4, subpart C, is amended by changing the
words "he" to read "he or she" and "his" to read "his or her".
Section 11. Section 3.31, Subdivision 4, subpart 0, is changed to read as follows:
If, within one year of the issue of a certificate of I & I compliance, the owner named
on the certificate of I & I compliance does not agree to an inspection of the
structure's sump pump, footing or foundation drain discharge, or furnish a certificate
from a licensed plumber in a form acceptable to the City as described in Section
3.30, subdivision 3, sections (B) and (C), certifying that the property is in compliance
with this Chapter, when required by Section 3.30, subd. 3(B) of this Chapter, the
certificate is immediately void. Such inspections trigger the administrative sanctions
found in Section 3.30, subd. 3 of this Chapter.
Section 12. Section 3.31, Subdivision 7, is amended by changing its second
sentence to read as follows:
If, as a result of this inspection, the City inspector determines (or a licensed plumber
certifies and the certified videotape is determined by the City to be compliant) that all
violations of City sanitary sewer regulations have been corrected, the City shall
immediately issue a certificate of I & I compliance.
Section 13. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 3.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though
repeated verbatim herein.
Section 14. This Ordinance shall take effect after its publication as required by law.
Adopted by the City Council this _ day of
,2008.
Linda R. Loomis, Mayor
ATTEST:
Susan Virnig, City Clerk
3
ORDINANCE NO. 400, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amendment to the Master Fee Schedule for
Sanitary Sewer Inspections and Compliance Fees
The City Council for the City of Golden Valley hereby ordains:
Section 1. The Master Fee Schedule in Chapter 25 of the City Code is hereby
amended by adding the following:
Reviewing residential video record
Reviewing non-residential video record
$100.00
$375.00
Section 2. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted in
its entirety, by reference, as though repeated verbatim herein.
Section 3. This ordinance shall take effect from and after its passage and
publication as required by law.
Adopted by the City Council this
day of
,2008.
Linda R. Loomis, Mayor
ATTEST:
Susan M. Virnig, City Clerk
alley
Memorand m
Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary
Golden Valley Council/Manager Meeting
July 8,2008
Agenda Item
3. Discussion Regarding Enforcement of Inflow and Infiltration Ordinance
Prepared By
Jeannine Clancy, Director of Public Works
Summary
In February 2007, the City began active implementation of the "point of sale" portion of the
Inflow and Infiltration Ordinance. Since that time, 589 certificates of compliance have been
issued to property owners in the City of Golden Valley who have complied with the ordinance.
However, there have been a limited number of individuals who have knowingly chosen to
ignore the City's Code. At this time, staff wishes to advise Council of its plan to pursue
enforcement action against individuals in accordance with the provisions of the Code.
I
Hey
Me ra dum
Planning
763-593-8095 I 763-593-8109 (fax)
Executive Summary
Golden Valley Council/Manager Meeting
July 8,2008
Agenda Item
4. Extension of Subdivision Development Agreement - 4736 Glenwood Avenue
Prepared By
Mark Grimes, Director of Planning and Development
Summary
On May 1, 2007, the City Council approved the final plat of the Vogel Addition. The Vogel
Addition is located at the northeast corner of Ottawa Avenue and Glenwood Avenue. The
subdivision includes two lots - one lot for the existing Vogel home and a still vacant lot
awaiting a buyer for the construction of a new single family home. As part of the approval of
the final plat of the Vogel Addition, the City entered into a Subdivision Development
Agreement with the developers of the subdivision, Ben Vogel and Barb Busick. One of the
conditions of the agreement was that for two years from the date of preliminary plan approval
of the minor subdivision by the City Council (August 2, 2006), the Zoning Code and other
official controls of the City in effect at the time of the approval on August 2, 2006 would apply
in this subdivision until August 2, 2008.
Normally this clause does not come into play. (In fact, this clause is state law.) In this case,
however, the City has had a change of the Zoning Code since August 2, 2006 that alters
certain setback and height requirements. These changes were made by the City Council in
response to concerns about infill development. The Vogels argue that the new zoning
regulations will not allow them or a future buyer to build a marketable home on the vacant lot.
They believe that if the new regulations are applied to this lot, a home that would be
constructed would not fit in with the neighborhood and the lot may be more difficult to market.
The Vogels are requesting that this clause be extended indefinitely. The City Attorney has
told staff that it is a decision of the City Council whether or not to change the agreement. If
the Council chooses not to change the agreement, the owners have the right to request a
variance to allow construction of a home that does not meet the current requirements.
Staff is concerned about extending the agreement with no time limit. As an alternative, the
Council could extend the agreement for a definite period or state that the agreement is void
after the certificate of occupancy is granted for a dwelling on the vacant lot. After that point in
time, all future construction would have to meet current Zoning Code requirements. Also, the
agreement applies to both lots. Staff does not see any reason that the extension should be
granted to the lot where the existing Vogel home is located.
Attachments
Location map (1 page)
Letter from the Vogels dated June 16, 2008 (1 page)
Subdivision Development Agreement (11 pages)
Photos of the lot and sign indicating the lot is for sale (1 page)
Preliminary house and site plans prepared by builder hired by the Vogels illustrating a house
that would meet the Zoning Code requirements on August 2,2006 (9 pages)
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16 June 2008
Attn:
Golden Valley City Council
Mark Grimes, Zoning
Dear City Council,
Weare writing today to ask for an extension of the original terms laid out in our Property Division Agreement.
In June 2007, our Property Division Agreement allowed for the construction of a new home on the lot created,
following the general zoning codes at that time. We abided by all codes, regulations, procedures, and
ordinances regarding out property and its division. We have been courteous to our neighbors throughout this
process and have treated the city council and boards with the utmost respect. We have paid fees to the city, the.
park dedication fee, and ceded additional County Highway setback. We have also have gone to great personal .
expense with engineering firms, architects, and builders to split our property and design a tasteful and m~dest
home to be built. We have recently begun marketing this home to be sold as 'to be built' on this lot. .
We based our original decision to divide our property on the existing code. We based our decisions on how to
design and construct the attached garage for our existing home based on the existing codes.
Again following those codes, we were able to design a home for the new lot that is not oversized or gaudy. It
fits the lot and it fits the neighborhood. Weare including documents with this letter to help you judge that point
for yourselves.
We are requesting an extension of the original setback codes correlating to our original agreement for an
indefinite time. We are particularly concerned about the new code for side setbacks and the height requirements
of new buildings. Within our lot, the new code will likely have the reverse effect of the city's intention. In
order to now create a home of marketable size within the new zoning laws, a buyer will have to squeeze in the
sides and create tall and skinny home that likely will not fit the neighborhood. This, we think would negate the
purpose of the new 'McMansion' zoning laws. We are also concerned about how it would look and fit in the
neighborhood if the building was subject to these height rules.
If our lot isn't grand-fathered to the code as it was at the time of our split, we will be exposed to considerable
financial hardship. We can't help but think that while not intentional, this change in the middle of our process
has targeted us most unfairly. We will be forced to choose whether to go forward selling our lot at a diminished
capacity to produce a non-obscene home that will be appealing to all concerned parties, or to choose some
alternative in which ultimately, we have waste a a great deal of our money, time, and energy splitting a lbffor
absolutely no purpose or marketable value. The Zoning Board and City Council recommended approval ~d
granted our division with full knowledge of our intentions. There was no forewarning of imminent changes to
the setback code for new construction. As stated above, our decisions to build our new garage and divide our
property was based on the existing code.
Please consider granting us an indefinite extension of the original setback code at the time of our division
agreement.
See attached pictures and floor plan.u
Thank you for your time,
The V ogels
SUBDIVISION DEVELOPMENT AGREEMENT
Vogel Addition
AGREEMENT dated this 1st day of May, 2007, by and between the City of
Golden Valley, a Minnesota municipal corporation (the "City"), and Benjamin D. Vogel
and Barbara E. Busick (collectively the "Developer").
1. Request for Plat Approval. The Developer has asked the City to approve the
subdivision of land and a plat of land to be known as Vogel Addition, which land
is legally described on Attachment One, attached hereto and hereby made a part
hereof (hereinafter referred to as the "subject property").
2. Conditions of Plat Approval. The City has approved the subdivision and the
plat subject to the following conditions:
Incorporation of recommendations of the City Engineer concerning design
and installation of public infrastructure and including grading, drainage,
erosion control, streets and utilities as outlined in July 3, 2006 review.
Execution of a Subdivision Development Agreement to secure the public
and private improvements.
Payment of all applicable fees including Park Dedication and other fees
identified in the current fee schedule.
Incorporation of any easements or right-of-way requested or necessary ~o
accommodate drainage, ponding, trails, underpasses, conservation areas,
streets and utilities. .
The existing garage located on the sU~b'e. ct property shall... t;>e relocated to a
conforming location by June 1, 2007. I" g; ~ ;l~
An agreement as recommended by the .Ity Public Works Department,
regarding the perpetual maintenance of a drainage plan along with a
performance bond and financial guaranties guaranteeing the construction
and perpetual maintenance of the same.
The Developer and all his/her successors hereby forever release and give
up any right they have or may have in the future to apply for or obtain any
variance of the front, side or back yard setbacks on any of the subject
property.
3. Effect of Subdivision Approval. For two (2) years from August 2, 2006, no
amendments to the City's Comprehensive Plan, or official controls shall apply to
or affect the use, development density, lot size, lot layout or dedications of the
approved plat unless required by state of federal law or agreed to in writing by
the City and the Developer. Thereafter, notwithstanding anything in this
Agreement to the contrary, to the full extent permitted by state law, the City may
require compliance with any amendments to the City's Comprehensive Guide
Plan, official controls, platting or dedication requirements enacted after the date
of this Agreement.
a.
b.
c.
d.
e.
f.
g.
4. Development Plans. The subject property shall be developed in accordance
with the following plans, original copies of which are on file with the City
Department of Public Works. The plans may be prepared, subject to City
approval, after entering this Agreement, but before commencement of any work
on the Subject Property. If the plans vary from the written terms of this
Agreement, the written terms shall control. The Plans are:
Plan A - Plat
Plan B - Terra Engineering Preliminary Plat/Preliminary Utility Plan dated
June 9, 2006
Plan C - Terra Engineering Existing Conditions Plan dated June 9,2006
Plan D - Terra Engineering Preliminary Grading Plan/Erosion Control Plan
dated June 9, 2006
Plan E - Preliminary tree preservation/mitigation plan
The final tree preservation plan shall include protection of the root zones during
and after construction for the two Chinese elm trees located on the adjacent
property along the north property line of proposed lot 2.
5. Installation bv Developer. The Developer shall install or cause to be installed
and pay for the following, hereinafter referred to as the "Developer
Improvements":
a. Setting of Lot and Block Monuments
b. Surveying and Staking of work required to be performed by the Developer.
c. Gas, Electric, Telephone, and Cable Lines
d. Site Grading
e. Landscaping
f. Storm Water and Drainage Improvements
g. Other items as necessary to complete the development as stipulated
herein or in other agreements.
h. Sanitary Sewer and Water Services
6. Time of Performance. The Developer shall install all required improvements
enumerated in Paragraph 5 which will serve the subject property before a final
Certificate of Occupancy will be issued.
7. Grading. Drainage/Site Grading. Site grading shall be completed by the
Developer at its cost in accordance with the Grading, Drainage and Erosion
Control Permit issued by the City and approved by the City Engineer. If required,
such activities shall also be approved by the Bassett Creek Water Management
Commission and be in accordance with an NPDES permit. The completion of
grading activities will need to be coordinated by the City in conjunction with the
installation of utilities. Developer shall furnish the City Engineer satisfactory
proof of payment for the site grading work and shall submit a certificate of survey
of the development to the City as the site grading is completed by phase, with
street and lot grades. If the installation of utilities is occurring simultaneously with
the grading, the utility contractor shall have preference over the grading activities.
No substantial grading activities can be completed over installed utilities unless
2
otherwise protected. All improvements to the lots and the final grading shall
comply with the grading plan as submitted and shall be the responsibility ofthe
Developer.
8. License. The Developer hereby grants the City, its agents, employees, officers
and contractors a license to enter the Subject Property to perform all work and
inspections deemed appropriate by the City during the installation of Public
Infrastructure Improvements.
9. Erosion Control. Prior to site grading, and before any utility construction is
commenced or building permits are issued. the erosion control plan, Plan S, shall
be. implemented, inspected and approved by the City. All areas disturbed by the
excavation and backfilling operations shall be reseeded within 72 hours after the
completion of the work in that area. Except as otherwise provided in the erosion .
control plan, seed shall be rye grass or other fast-growing seed suitable to the
existing soil to provide a temporary ground cover as rapidly as possible. All
seeded areas shall be mulched and disc-anchored as necessary for seed
retention. Any repairs necessary to the ground cover shall be made by the
Developer at its expense.
All basement and/or foundation excavation spoil piles shall be kept completely off
City right-of-way and shall be completely surrounded with an approved erosion
control silt fence. Approved erosion control fencing shall be installed around the
perimeter of each lot or at City-approved locations at the time of building permit
issuance and remain in place until the lot is seeded or sodded. A 20-foot
opening will be allowed on each lot for construction deliveries.
The parties recognize that time is critical in controlling erosion. If development
does not comply with the erosion control plan and schedule, or supplementary
instructions received from the City, the City may take such action as it deems
appropriate to control erosion. This right also applies the required erosion control
for basement and/or foundation excavation spoil piles. The City will attempt to
notify the Developer in advance of any proposed action, but failure of the City to
do so will not affect the Developer's or City's rights or obligations hereunder. If
the Developer does not reimburse the City for any cost the City incurred for such
work within thirty (30) days, the City may draw down the securities posted with"
the grading, drainage and erosion control permit to pay any costs. No
development will be allowed, and no building permits will be issued unless the
Subject Property is in full compliance with the erosion control requirements.
10. Plantina and Seedina. Landscaping shall be in accordance with Landscape
Plans approved by the City.
11 . Clean UP. The Developer shall clean streets of dirt and debris that has resulted
from construction work by the Developer, its agents or assignees by daily
sweeping or as otherwise directed by the City. The City will inspectthe site on a
weekly basis and following rainfall events to determine whether it is necessary to
take additional measures to clean dirt and debris from the streets. After 24 hours
3
verbal notice to the Developer, the City will complete or contract to complete the
clean up at the Developer's expense in accordance with the procedures specified
in Paragraph 9. The Developer shall inspect and, if necessary, clean all catch
basins, sumps, and ponding areas of erosion/siltation and restote to the original
condition at the end of home construction within this development. All silt fence
and other erosion control should be removed following the establishment of turf.
These items are to be secured through the letter of credit as is noted in Exhibit A.
12. Ownership of Improvements. Upon completion and City acceptance ofthe
work and construction required by this Agreement, the public improvements lying
within public rights-of-way and easements shall become City property without
further notice or action. Ownership of service lines shall be determined by City
Code.
13. Warranty. The Developer warrants all work required to be performed by it
against poor material and faulty workmanship for a period of two (2) years after
its completion and acceptance by the City. All trees, grass and sod shall be
warranted to be alive, of good quality and disease free for twelve (12) months
after planting.
14. Res{)onsibility for Costs.
a. Except as otherwise specified herein, the Developer shall pay all costs
incurred by it or the City in conjunction with the development of the
Subject Property including, but not limited to, watershed charges, legal, .
planning, engineering and inspection expenses incurred in connection with
approval and acceptance of the subdivision and the plat, the preparation
of this Agreement and any amendments hereto, and all costs and
expenses incurred by the City in monitoring and inspecting the
development of the Subject Property.
b. The Developer shall hold the City and its officers and employees harmless
from claims made by itself and third parties for damages sustained or
costs incurred resulting from plat or subdivision approval and development
of the Subject Property. The Developer shall indemnify the City and its
officers and employees for all costs, damages or expenses which the City'
may payor incur in consequence of such claims, including attorney's fees.
c. The Developer shall reimburse the City for costs incurred in the
preparation and enforcement of this Agreement including engineering and
attorney's fees. The estimated City fees of $1 ,960.00 shall be deposited
with the City at the time this Agreement is signed.
If the City fees exceed this estimate, the Developer shall pay the
additional costs to the City within ten (10) days of the request.
d. The Developer shall pay in full all bills submitted to it by the City for
obligations incurred under this Agreement within thirty (30) days after
4
receipt. If the bills are not paid on time, the City may halt development
work and construction including, but not limited to, the issuance of building
permits for lots which the Developer mayor may not have sold, until the
bills are paid in full. Bills not paid within thirty (30) days shall accrue
interest at the rate of nine percent (9%) per year.
15. The Developer agrees to pay fees, charges and assessments set forth in this
Section prior to, or at the time of, execution of any plat by the City:
a. Park dedication fees in the amount of $1,500.00
Or other amounts for such fees as in effect at the time of plat approval.
16. The Developer understands that builders will be required to pay for the Subject
Property fees, charges and assessments in effect at the time of issuance of
building permits. The rates for each of these items will be set according to the
current rate structure at the time the building permit is received.
17. Building Permits. No occupancy permits shall be issued until:
a. The site grading is completed and approved by the City.
18. The Developer, in executing this Agreement, assumes all liability and costs for
damage or delays incurred by the City in construction of public improvements
cased by the Developer, its employees, contractors, subcontractors, materialm~n
or agents. No occupancy permits shall be issued until the public streets and
utilities referred to in paragraph 5 and 7 are in and approved by the City, unless
otherwise authorized in writing by the City Engineer.
19. Developer's Default. In the event of default by the Developer as to any of the
work to be performed by its hereunder, the City may, at its option, perform the
work and the Developer shall promptly reimburse the City for any expense
incurred by the City, provided the Developer is first given notice of the work in
default, not less than 48 hours in advance. This Agreement is a license for the
City to act, and it shall not be necessary for the City to seek a court order for
permission to enter the land. When the City does any such work, the City may,
in addition to its other remedies, levy the cost in whole or in part as a special
assessment against the Subject Property. Developer waives its rights to notice
of hearing and hearing on such assessments and its right to appeal such
assessments pursuant to Minnesota Statutes, Section 429.081.
20. Miscellaneous.
a. The Developer represents to the City that the development of the Subject
Property, the subdivision and the plat comply with all city, county,
metropolitan, state and federal laws and regulations including, but not
limited to: subdivision ordinances, zoning ordinances and environmental
regulations. If the City determines that the subdivision, or the plat, or the
5
development of the Subject Property does not comply, the City may, at its
option, refuse to allow construction or development work on the Subject
Property until the Developer does comply. Upon the City's demand, the
Developer shall cease work until there is compliance.
b. Third parties shall have no recourse against the City under this
Agreement.
c. Breach of the terms of this Agreement by the Developer shall be grounds
for denial of building permits, including lots sold to third parties.
d. If any portion, section, subsection, sentence, clause, paragraph or phase
of this Agreement is for any reason held invalid, such decision shall not
affect the validity of the remaining portion of this Agreement.
e. If building permits are issued prior to the completion and acceptance of
public improvements, the Developer assume all liability and costs resulting
in delays in completion of public improvements and damage to public
improvements caused by the City, the Developer, it contractors,
subcontractors, materialmen, employees, agents or third parties.
f. The action or inaction ofthe City shall not constitute a waiver or
amendment to the provisions of this Agreement. To be binding,
amendments or waivers shall be in writing, signed by the parties and
approved by written resolution of the City Council. The City's failure to .
promptly take legal action to enforce this Agreement shall not be awaiver
or release.
g. This Agreement shall run with the land and shall be recorded against the
title to the property. The Developer shall take such steps, including
execution of amendments to this Agreement, as are necessary to effect
the recording hereof.
h. Each right, power or remedy herein conferred upon the City is cumulative
and in addition to every other right, power or remedy, express or implied,
now or hereafter arising, available to the City, at law or in equity, or under'
any other agreement, and each and every right, power and remedy herein
set forth or otherwise so exciting may be exercised from time to time as .
often and in such order as may be deemed expedient by the City and shall
not be a waiver of the right to exercise at any time thereafter any other
right, power or remedy.
i. The Developer may not assign this Agreement without the written
permission of the City Council.
6
21. Notices. Required notices to the Developer shall be in writing, and shall be
either hand delivered to the Developer, its employees or agents, or mailed to the
Developer by registered mail at the following address:
Benjamin D. Vogel and Barbara E. Busick
4736 Glenwood Avenue
Golden Valley, MN 55422
Notices to the City shall be in writing and shall be either hand delivered to the
City Manager, or mailed to the City by registered mail in care of the City Manager
at the following address:
City Manager
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and
year first above written.
CITY OF GOLDEN VALLEY
By: X~ Y!:/;;{~
Its Mayor
By: ~f~-
DEVELOPER
By: ~~---5.
By: "-~
7
ATTACHMENT ONE
The south 200 feet of the west 153 feet of the East 20 rods of the Southeast % of the
Southwest % of section 19, Township 29, Range 24, Hennepin County, Minnesota;
except that part taken for road right of way.
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Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary
Golden Valley Council/Manager Meeting
July 8, 2008
Agenda Item
5. Discussion Revisions to Sections 10.51 and 10.52 City Code
Prepared By
Jeannine Clancy, Director of Public Works
Summary
Section 10.51 Subdivision 3C requires that No owner or occupant shall allow Turf Grass,
Weeds, Native Vegetation or Rank Vegetation to grow to a height greater that eight (8)
inches on a majority of any lot or parcel of land. This year alone, staff has issued 55 notices
of violations to Section 10.51 regarding lawn maintenance. Of those noticed, 15 have
required that the City use contract mowing services to abate the ordinance violation.
To be more responsive to the community and to address an outdated ordinance provision,
staff is recommending that three revisions be made to Sections 10.51 and 10.52 of the City
Code:
1. Reference Section 10.51 Subdivision 58: That the notice period be revised from seven
days to five days.
2. Reference Section 10.51 Subdivision 58: That the following language be included:
Properlies for which there have been two or more notices issued within the prior 12-
month period, a mailed notice is not required. For those properlies, the second notice
issued within a 12-month period shall contain a general notice that the City may abate
future violation without providing specific notice of violation.
3. Reference Section 10.52, Prohibition Regarding Phosphorous Containing Fertilizers:
That this section be removed from the Code in light of the statewide ban of use of
phosphorous turf fertilizers provided for in Minnesota Statutes 18C.60.
Attachments
Sections 10.51 and 10.52 City Code (6 pages)
Proposed Revisions 10.51 and 10.52 of City Code (6 pages)
Minnesota Statutes 18C.60 (2 pages)
9 10.51
Section 10.51: Lawn Maintenance
Subdivision 1. Purpose
The purpose of this Section is to establish minimum standards for lawn
maintenance while recognizing that a variety of landscapes within a community
adds diversity and richness to the quality of life for all residents. Turf grass lawns
continue to be recognized as the dominant feature in the landscape; however,
alternatives to this traditional type of lawn are recognized as important parts of a
diverse and successful landscape.
Subdivision 2. Definitions
A. Maintenance Plan: A document submitted with an application for a Native
Vegetation Permit demonstrating a precise course of maintenance for
numerous individual plants in a landscape over months and seasons.
B. Native Vegetation: Those indigenous trees, shrubs, wildflowers, grasses
and other plants that have naturally adapted themselves to the climate and
soils of the area but require cultivation and maintenance to remain viable.
C. Native Vegetation Permit: A permit issued by the City pursuant to this
Section allowing an owner or occupant to cultivate Native Vegetation upon
his/her property, subject to the restrictions of this Section. A Native
Vegetation Permit exempts an owner or occupant from Subdivision 3(C) of
this Section.
D. Natural Habitat: Specially uncultivated valued and sensitive habitat
whereupon native vegetation exists in a pristine state and provides habitat
for a variety of species native to the area. Such vegetation shall maintain
itself in a stable condition with minimal human intervention.
E. Noxious Weeds: An annual, biennial, or perennial plant designated by the
MN Commissioner of Agriculture or the Council as injurious to public health,
the environment, public roads, crops, livestock, or other property.
F. Rank Vegetation: Uncultivated vegetation growing at a rapid rate due to
unplanned, unintentional, or accidental circumstances.
G. Turf Grass: Cultivated vegetation consisting of a highly maintained surface
of dense grass underlain by a thick root system.
H. Weeds: Unsuitable, unwanted, or uncultivated vegetation, often causing
injury to the desired vegetation type.
Golden Valley City Code
Page 1 of4
9 10.51
Subdivision 3. General Requirements
A. All lot areas not designated for buildings, pedestrian or vehicle, parking,
recreation, and storage shall be provided with Turf Grass, Native Vegetation,
or combined ground cover of cultivated vegetation, garden, hedges, trees,
and shrubbery.
B. No owner or occupant of any lot shall allow to grow any Noxious Weeds on
any part or portion of said lot as designated by Minn. Stat. Sec. 18.78.
C. No owner or occupant shall allow any Turf Grass, Weeds, Native Vegetation
or Rank Vegetation to grow to a height greater than eight (8) inches on a
majority of any lot or parcel of land.
Subdivision 4. Exemptions
A. Vacant Land. The owner of vacant and unoccupied land consisting of a
contiguous tract of one (1) acre or more is exempt from Subdivision 3(C) of
this Section, provided that Weeds, Turf Grass, Native Vegetation, and Rank
Vegetation thereon are cut twice annually. The first cutting shall not be later
than June 1, and the second cutting shall be made between July 15 and
September 15.
B. Natural Habitat.
1. All private lands designated by the Council as Natural Habitat shall be
exempt from Subdivision 3(C) of this Section.
2. All public lands designated in the City's Comprehensive Plan as Natural
Habitat shall be exempt from Subdivision 3(C) of this Section.
C. Native Vegetation.
1. Native Vegetation Permit. Upon satisfaction and completion of all the
requirements of this Section, the City Manager or designee shall approve
all applications for a Native Vegetation Permit and issue such permit. A
Native Vegetation Permit shall grant any property owner or occupant so
interested the ability to cultivate Native Vegetation on his/her property
and exempt the owner and occupant from the requirements of Subdivision
3(C) of this Section. A Native Vegetation Permit shall be valid for five (5)
years from the date of approval. The City Manager or designee shall
approve no Native Vegetation Permit for any owner or occupant having
unresolved City code violations or administrative citations.
Golden Valley City Code
Page 2 of4
9 10.51
2. Application. The Application for a Native Vegetation Permit and Renewal
Application, which shall be provided by the City Manager or designee shall
contain the following:
a. Statement of intent and purpose in cultivating Native Vegetation;
b. Site plan showing lot lines, buildings, location of proposed Native
Vegetation, the property's legal description, corner visibility
requirements as defined by Section 7.04 of City Code, and right-of-
way requirements as defined by Section 7.05 of City Code.
c. Latin and common names of the species the property owner or
occupant plans to cultivate;
d. Maintenance requirements for said species;
e. Name and address of a Professional Landscaping Company which has
been hired to perform maintenance on the Native Vegetation; or the
name, address, and qualifications of the person(s) who will be
responsible for maintenance of the Native Vegetation.
f. A Maintenance Plan, which shall contain the following:
1) Planting diagram showing the location and mature height of all
specimens of Native Vegetation; and
2) Detailed information on the upkeep of each specimen; and
3) Details of any long-term maintenance required for the Native
Vegetation.
3. Revocation. The City Manager or designee may regularly inspect any
property holding a Native Vegetation Permit for compliance with the
Maintenance Plan on file with the City for the property. For any property
out of compliance with the Maintenance Plan, the City Manager or
designee shall give notice to the holder of the Native Vegetation Permit by
US Mail stating that the property must be in compliance with the
Maintenance Plan within thirty (30) days. Should that period pass without
action by the holder of the Native Vegetation Permit, the City Manager or
designee shall:
a. Revoke the Native Vegetation Permit;
b. Remove all improperly maintained Native Vegetation;
c. Declare the property ineligible for a Native Vegetation Permit, unless
sold, for a period of two (2) years; and
Golden Valley City Code
Page 3 of4
9 10.51
d. Assess the property for all fees associated with inspection of the
property and any removal of improperly maintained Native Vegetation
in accordance with Subdivision 5 of this Section.
Subdivision 5. Violations
A. On or before May 1 of each year, the Clerk shall publish once in the official
newspaper a notice directing owners and occupants of property within the
City to remove all Turf Grass, Weeds, Noxious Weeds, Rank Vegetation, and
Native Vegetation not covered by a Native Vegetation Permit exceeding eight
(8) inches in height. Said notice shall state that if such vegetation is not
removed within ten (10) days after publication of said notice, it may be
removed by the Weed Inspector or his/her designee at the expense of the
property owner which may be assessed against the property in accordance
with Minn. Stat. Sec. 429.101.
B. The Weed Inspector or his/her designee shall, seven (7) days prior to
removing any Turf Grass, Weeds, Noxious Weeds, Rank Vegetation, or and
Native Vegetation not covered by a Native Vegetation Permit send by U.S.
Mail a letter notifying the property owner of the upcoming removal and
stating that unless such is removed in accordance with this Section, such
shall be removed and the costs of removal shall be assessed against the
property in accordance with Minn. Stat. Sect. 429..101. Notwithstanding the
foregoing, any failure of the Weed Inspector or his/her designee to send such
a letter or for such a letter to be received by the property owner shall not
make notice ineffective.
C. Property owners shall be notified by U.S. Mail immediately thereafter of any
work performed and all administrative and removal work costs involved and
that such will be assessed against the property. The Weed Inspector or
his/her designee shall keep a record of all properties whereupon removal was
necessary and the number of times it was necessary, and, by October 1 of
each year, he/she shall give copies of such records to the Clerk to file as
special assessments against each said property which shall become liens on
such lots or lands. This shall be an additional remedy and not in lieu of any
other penalty provided for in City Code or state law.
Source: Ordinance No. 324, 2nd Series
Effective Date: 3-25-05
Golden Valley City Code
Page 4 of 4
9 10.52
Section 10.52: Prohibition Regarding
Phosphorous Containing Fertilizers
Subdivision 1.
The City and the Bassett Creek Water Management Commission have conducted
studies and have reviewed existing data to determine the current and projected
water quality of various lakes within the community. The data indicates that lake
water quality may be maintained or improved if the City regulates the amount of
lawn fertilizer and other chemicals entering the lakes and streams as a result of
storm water runoff or other causes. The purpose of this ordinance is to set forth
regulations which will restrict the amount of fertilizers containing phosphorous
which may be applied to lawns in the City.
Subdivision 2. Definitions
For the purpose of this section, certain terms and words are defined as follows:
A. Fertilizer: means a substance containing one or more recognized plant
nutrients that is used for its plant nutrient content and designed for use or
claimed to have value in promoting plant growth. Fertilizer does not include
animal and vegetable manures that are not manipulated, marl, lime,
limestone, and other products exempted by Rule by the Minnesota
Commissioner of Agriculture.
B. Pesticide: means a substance or mixture of substances intended to prevent,
destroy, repel, or mitigate a pest, and a substance or mixture of substances
intended for use as a plant regulator, defoliant or desiccant.
C. Administrator: The individual responsible for overseeing the requirements
of the City Code. For purposes of this section of the code, the administrator
shall be the Director of Public Works or his/her designee.
Subdivision 3. General Regulations
A. Time of Application. Neither commercial applicators nor noncommercial
applicators may apply lawn fertilizer when the ground is frozen or when
conditions exist which will promote or create runoffs.
B. Sample Analysis Cost. The cost of analyzing fertilizer samples taken from
commercial applicators shall be paid by the commercial applicators if the
sample analysis indicates that phosphorous content exceeds the levels
authorized herein.
C. Prohibition Regarding Phosphorous Content In Fertilizers. No person shall
apply any lawn fertilizer, liquid or granular, within the City of Golden Valley
Golden Valley City Code
Page 1 of 2
S 10.52
which contains any amount of phosphorous or other compound containing
phosphorous, such as phosphate, except:
1. The naturally occurring phosphorous in unadulterated natural or organic
fertilizing products such as yard waste compost.
2. Or as otherwise provided in Subdivision 4 hereof.
D. Impervious Surfaces and Drainage Ways. No person shall apply fertilizer to
impervious surfaces, drainage ditches, or waterways.
E. Buffer Zone. Fertilizers and pesticides shall not be applied below the Ordinary
High Water level of water bodies as established by the Minnesota Department
of Natural Resources, or within fifteen (15) feet of any wetland or water
resource.
Subdivision 4. Exemption To Phosphorous Prohibition
The prohibition against use of fertilizer containing any quantity of phosphorous
under Subdivision 3 shall not apply to:
A. Newly established turf and lawn areas during first growing season; or,
B. Turf and lawn areas which have been confirmed by soil testing to be below
phosphorous levels established by the University of Minnesota Extension
Services. The lawn fertilizer application shall not contain an amount of
phosphorous in excess of that which is recommended in the soil test
evaluation.
C. Phosphorous applied as lawn fertilizer pursuant to the aforementioned
exemptions shall be watered into the soil so that it is immobilized and
protected from loss by runoff.
Subdivision 5. Penalty
Any person violating this section shall be guilty of a petty misdemeanor.
Source: Ordinance No. 222, 2nd Series
Effective Date: 3-30-00
Golden Valley City Code
Page 2 of 2
9 10.51
SECTION 10.51. LAWN MAINTENANCE
Subdivision 1. Purpose. The purpose of this Section is to establish
minimum standards for lawn maintenance while recognizing that a variety of
landscapes within a community adds diversity and richness to the quality of life for
all residents. Turf grass lawns continue to be recognized as the dominant feature in
the landscape; however, alternatives to this traditional type of lawn are recognized
as important parts of a diverse and successful landscape.
Subdivision 2. Definitions.
A. "Maintenance Plan" - A document submitted with an
application for a Native Vegetation Permit demonstrating a precise course of
maintenance for numerous individual plants in a landscape over months and
seasons.
B. "Native Vegetation" - Those indigenous trees, shrubs,
wildflowers, grasses and other plants that have naturally adapted themselves to the
climate and soils of the area but require cultivation and maintenance to remain
viable.
C. "Native Vegetation Permit" - A permit issued by the City
pursuant to this Section allowing an owner or occupant to cultivate Native
Vegetation upon his/her property, subject to the restrictions of this Section. A
Native Vegetation Permit exempts an owner or occupant from Subdivision 3(C) of
this Section.
D. "Natural Habitat" - Specially uncultivated valued and
sensitive habitat whereupon native vegetation exists in a pristine state and provides
habitat for a variety of species native to the area. Such vegetation shall maintain
itself in a stable condition with minimal human intervention.
E. "Noxious Weeds" - An annual, biennial, or perennial plant
designated by the MN Commissioner of Agriculture or the Council as injurious to
public health, the environment, public roads, crops, livestock, or other property.
F. "Rank Vegetation" - Uncultivated vegetation growing at a
rapid rate due to unplanned, unintentional, or accidental circumstances.
G. "Turf Grass" - Cultivated vegetation consisting of a highly
maintained surface of dense grass underlain by a thick root system.
H. "Weeds" - Unsuitable, unwanted, or uncultivated vegetation,
often causing injury to the desired vegetation type.
Golden Valley City Code
Page 1 of6
9 10.51
Subdivision 3. General Requirements.
A. All lot areas not designated for buildings, pedestrian or
vehicle, parking, recreation, and storage shall be provided with Turf Grass, Native
Vegetation, or combined ground cover of cultivated vegetation, garden, hedges,
trees, and shrubbery.
B. No owner or occupant of any lot shall allow to grow any
Noxious Weeds on any part or portion of said lot as designated by Minn. Stat. Sec.
18.78.
C. No owner or occupant shall allow any Turf Grass, Weeds,
Native Vegetation or Rank Vegetation to grow to a height greater than eight (8)
inches on a majority of any lot or parcel of land.
Subdivision 4. Exemptions.
A. Vacant Land. The owner of vacant and unoccupied land
consisting of a contiguous tract of one (1) acre or more is exempt from Subdivision
3(C) of this Section, provided that Weeds, Turf Grass, Native Vegetation, and Rank
Vegetation thereon are cut twice annually. The first cutting shall not be later than
June 1, and the second cutting shall be made between July 15 and September 15.
B. Natural Habitat.
1. All private lands designated by the Council as Natural
Habitat shall be exempt from Subdivision 3(C) of this Section.
2. All public lands designated in the City's
Comprehensive Plan as Natural Habitat shall be exempt from Subdivision 3(C) of
this Section.
C. Native Vegetation.
1. Native Vegetation Permit. Upon satisfaction and
completion of all the requirements of this Section, the City Manager or designee
shall approve all applications for a Native Vegetation Permit and issue such permit.
A Native Vegetation Permit shall grant any property owner or occupant so
interested the ability to cultivate Native Vegetation on his/her property and exempt
the owner ~md occupant from the requirements of Subdivision 3(C) of this Section.
A Native Vegetation Permit shall be valid for five (5) years from the date of
approval. The City Manager or designee shall approve no Native Vegetation Permit
for any owner or occupant having unresolved City code violations or administrative
citations.
2. Application. The Application for a Native Vegetation
Permit and Renewal Application, which shall be provided by the City Manager or
designee shall contain the following:
Golden Valley City Code
Page 2 of6
9 10.51
a. Statement of intent and purpose in cultivating
Native Vegetation;
b. Site plan showing lot lines, buildings, location of
proposed Native Vegetation, the property's legal description, corner visibility
requirements as defined by Section 7.04 of City Code, and right-of-way
requirements as defined by Section 7.05 of City Code.
c. Latin and common names of the species the
property owner or occupant plans to cultivate;
d. Maintenance requirements for said species;
e. Name and address of a Professional
Landscaping Company which has been hired to perform maintenance on the Native
Vegetation; or the name, address, and qualifications of the person(s) who will be
responsible for maintenance of the Native Vegetation.
f. A Maintenance Plan, which shall contain the
following:
(1) Planting diagram showing the location
and mature height of all specimens of Native Vegetation; and
(2) Detailed information on the upkeep of
each specimen; and
(3) Details of any long-term maintenance
required for the Native Vegetation.
3. Revocation. The City Manager or designee may
regularly inspect any property holding a Native Vegetation Permit for compliance
with the Maintenance Plan on file with the City for the property. For any property
out of compliance with the Maintenance Plan, the City Manager or designee shall
give notice to the holder of the Native Vegetation Permit by US Mail stating that the
property must be in compliance with the Maintenance Plan within thirty (30) days.
Should that period pass without action by the holder of the Native Vegetation
Permit, the City Manager or designee shall:
a. Revoke the Native Vegetation Permit;
b. Remove all improperly maintained Native
Vegetation;
c. Declare the property ineligible for a Native
Vegetation Permit, unless sold, for a period of two (2) years; and
d. Assess the property for all fees associated with
inspection of the property and any removal of improperly maintained Native
Vegetation in accordance with Subdivision 5 of this Section.
Golden Valley City Code
Page 3 of6
~ 10.51
Subdivision S. Violations
A. On or before May 1 of each year, the Clerk shall publish once
in the official newspaper a notice directing owners and occupants of property within
the City to remove all Turf Grass, Weeds, Noxious Weeds, Rank Vegetation, and
Native Vegetation not covered by a Native Vegetation Permit exceeding eight (8)
inches in height. Said notice shall state that if such vegetation is not removed
within ten (10) days after publication of said notice, it may be removed by the
Weed Inspector or his/her designee at the expense of the property owner which
may be assessed against the property in accordance with Minn. Stat. Sec. 429.101.
B. The Weed Inspector or his/her designee shall, sevcn (7) five
L5.Ldays prior to removing any Turf Grass, Weeds, Noxious Weeds, Rank
Vegetation, or and Native Vegetation not covered by a Native Vegetation Permit
send by U.S. Mail a letter notifying the property owner of the upcoming removal
and stating that unless such is removed in accordance with this Section, such shall
be removed and the costs of removal shall be assessed against the property in
accordance with Minn. Stat. Sect. 429.101. Notwithstanding the foregoing, any
failure of the Weed Inspector or his/her designee to send such a letter or for such a
letter to be received by the property owner shall not make notice ineffective. For
properties for which there have been two or more notices issued within the prior
12-month period, a mailed notice is not required. For those properties, the second
notice issued within a 12-month period shall contain a general notice that the City
may abate future violations without providing additional specific notice of violation.
C. Property owners shall be notified by U.S. Mail immediately
thereafter of any work performed and all administrative and removal work costs
involved and that such will be assessed against the property. The Weed Inspector
or his/her designee shall keep a record of all properties whereupon removal was
necessary and the number of times it was necessary, and, by October 1 of each
year, he/she shall give copies of such records to the Clerk to file as special
assessments against each said property which shall become liens on such lots or
lands. This shall be an additional remedy and not in lieu of any other penalty
provided for in City Code or state law.
Source: Ordinance No. 324, 2nd Series
Effective Date: 3-25-05
SECTION 10.52. PROHIBITION RECARDINC PHOSPHOROUS
CONTAININC fERTILIZERS
Subdi-..isiot1 1. Thc City <:Ind the B<:Issett Creek 'N<:Iter ~~<:In<:lgement
Commission h<:lve conducted studies <:Ind h<:l'Je revie'Ned existing d<:lt<:l to determine
the current <:Ind projected w<:Iter qU<:llity of 'J<:Irious lakes within the community. The
d<:lt<:l indic<:ltes th<:lt l<:Ike w<:Iter qU<:llity m<:lY be m<:lint<:lined or improved if the City
regul<:ltcs the <:Imount of 1<:I'.vn fertilizer <:Ind other chemicals entering the l<:Ikes <:Ind
stre<:lms <:IS <:I result of storm '....<:Iter runoff or other c<:luses. The purpose of this
ordin<:lnce is to set forth regul<:ltions '.vhich will restrict the <:Imount of fertilizers
cont<:lining phosphorous which m<:lY be <:Ipplied to lawns in the City.
Golden Valley City Code
Page 4 of6
9 10.51
Subdivision 2. Definitions. For the purpose of this section, cert~in
terms ~nd words ~re defined ~s follo'Ns:
A. "Fertilizer" me~ns ~ substance eont~ining one or more
recognized pl~nt nutrients th~t is used for its pl~nt nutrient eontent ~nd designed
for use or cl~imed to h~ve 'v'~lue in promoting pl~nt grO'v\'th. Fertilizer does not
include ~nim~1 ~nd veget~ble manures th~t ~re not m~nipul~ted, m~rl, lime,
limestone, and other products exempted by Rule by the ~~innesot~ Commissioner of
Agriculture.
B. "Pesticide" me~ns ~ subst~nce or mixture of substQnces
intended to prevent, destroy, repel, or mitigate a pest, ~nd ~ subst~nce or mixture
of substances intended for use ~s ~ pl~nt regul~tor, defoli~nt or desiccont.
C. "Administr~tor" The individual responsible for overseeing the
requirements of the City Code. For purposes of this section of the code, the
~dministr~tor sh~1I be the Director of Public '/Jorks or his/her designee.
Subdhr"ision 3. Ceneral Regulations.
A. Time of Applicotion. Neither commerci~1 ~pplicators nor
noncommercial ~pplic~tors m~y ~pply I~'....n fertilizer when the ground is frozen or
when conditions exist v..hich will promote or cre~te runoffs.
B. S~mple An~lysis Cost. The cost of ~nalyzing fertilizer
s~mples t~ken from commerci~1 ~pplic~tors shall be p~id by the commerci~1
~pplicators if thc s~mple ~n~lysis indic~tes th~t phosphorous content exceeds the
levels ~uthorized herein.
C. Prohibition Reg~rding Phosphorous Content in Fertilizers. No
person sh~lI~pply any I~wn fertilizer, liquid or gr~nul~r, within the City of Colden
Valley 'Nhich cont~ins ~ny ~mount of phosphorous or other compound cont~ining
phosphorous, such ~s phosph~te, except:
1. The n~tur~lIy occurring phosphorous in un~dulter~ted
n~tur~1 or org~nic fertilizing products such ~s y~rd .....~ste compost.
2. Or ~s otherwise provided in Subdivision 4 hereof.
D. Impervious Surf~ces ~nd Drain~ge VV~ys. No person sh~1I
~pply fertilizer to impervious surfaces, dr~in~ge ditches, or w~terw~ys.
E. Buffer Zone. Fertilizers ~nd pesticides shall not be ~pplied
below the Ordin~r'f High 'N~ter Icvel of w~ter bodics ~s est~blished by the
~~innesot~ Dep~rtment of N~tur~1 Resources, or within fifteen (15) feet of any
\I...etl~nd or w~ter resource.
Golden Valley City Code
Page 5of6
9 10.51
Stlbdi~ision 4. Exemption to Phosphorotls Prohibition. The
prohibition ;Jg;Jinst use. of fertilizer cont;Jining ;Jny qU;Jntity of phosphorous under
Subdivision 3 sh;J1I not ;Jpply to:
A. Newly est;Jblished turf ;Jnd 1;J'vvn ;Jreas during first gro'Ning
Se;JSOn;
B. Turf ;Jnd 1;J.....n are;JS which ha'Je been confirmed by soil
testing to be below phosphorous levelsest;Jblished by the University of ~1innesot;J
Extension Services. The 1;J'v\'n fertilizer ;Jpplic;Jtion sh;J1I not cont;Jin ;Jny amount of
phosphorous in excess of that which is recommended in the soil test evalu;Jtion.
C. Phosphorous ;Jpplied ;JS l;Jwn fertilizer pursl:l;Jnt to the
;Jforementioned exemptions sh;J1I be '/{;Jtered into the soil so th;Jt it is immobilized
;Jnd protected from loss by runoff.
Subdi"ir'ision 5. Penalt'f-. Any person viol;Jting this section sh;J1I be
guilty of ;J petty misdeme;Jnor.
Source: Ordin;Jnce No. 222, 2nd Series
Effective D;Jte: 3 30 00
(Sections 10.53 through 10.59, incltlsi~e, reser..-ed for futtlre expansion.)
Golden Valley City Code
Page 60f6
18C.60, Minnesota Statute
Page 1 of2
2005 Minnesota Statutes
l8C. 60 [~~~~f.~~~~~~:i t.urf fert.ilizer use rest.rict.ions.
Subdivision 1. Definit.ion. For the purpose of this
section, "turf" means noncrop land planted in closely mowed,
managed grasses including, but not limited to, residential and
commercial residential property, private golf courses, and
property owned by federal, state, or local units of government,
including parks, recreation areas, and public golf courses.
Turf does not mean pasture, hayland, hay, turf grown on turf
farms, or any other form of agricultural production.
Subd. 2. Phosphorus use rest.rict.ions. (a) A person
may not apply a fertilizer containing the plant nutrient
phosphorus to turf statewide, except under conditions listed in
paragraph (b).
(b) Paragraph (a) does not apply when:
(1) a tissue, soil, or other test by a laboratory or method
approved by the commissioner and performed within the last three
years indicates that the level of available phosphorus in the
soil is insufficient to support healthy turf growth;
(2) the property owner or an agent of the property owner is
first establishing turf via seed or sod procedures, and only
during the first growing Season; or
(3) the fertilizer containing the plant food phosphorus is
used on a golf course under the direction of a person licensed,
certified, or approved by an organization with an ongoing
training program approved by the commissioner.
(c) Applications of [R~~~~~~?~~J fertilizer authorized under
paragraph (b) must not exceed rates recommended by the
University of Minnesota and approved by the commissioner.
Subd. 3. Consumer infor.mat.ion. The commissioner, in
consultation with the University of Minnesota Extension Service,
fertilizer industry representatives, lakes groups, and other
interested or affected parties, must produce consumer
information on use restrictions and recommended best practices
https://www.revisor.1eg.state.mn.us/statutesl?id= 18C.60&year=2005&keyword _ type=any ... 6/30/2008
18C.60, Minnesota Statute
Page 2 of2
for lawn fertilizer containing phosphorus, and on best
management practices for other residential sources of phosphorus
in the urban landscape. The information must be in a format and
of a content suitable for posting and distribution at retail
points of sale of fertilizer that contains phosphorus and is for
use on turf.
Subd. 4. Research evaJ.uat:i.on; report. The
commissioner, in cooperation with the University of Minnesota
and the University of Minnesota Extension Service, and, after
consultation with representatives of the fertilizer industry,
lakes groups, and Qther interested or affected parties, shall
evaluate research needs. and encourage targeted research
opportunities to investigate the effects of [~~~~~~~E?.~~:J
fertilization of turf on urban stormwater quality. The
commissioner must evaluate the effectiveness of the restrictions
on !phosphorous! [fertilIzersl under this section and report to the
.-....-..........................--.-. .....--.---...-.....-..--..................
legislature by January 15, 2007.
HIST: 2002 C 345 s 4; 2004 c 179 s 1; 2005 c 10 art 1 s 12
https:llwww.revisor.1eg.state.mn.us/statutes/?id=18C.60&year=2005&keyword_ type=any ... 6/30/2008
alley
Memo ndum
Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary
Golden Valley Council/Manager Meeting
July 8, 2008
Agenda Item
6. Discussion 2008 Building Maintenance Projects
Prepared By
Jeannine Clancy, Director of Public Works
Ron Nims, Public Works Project Coordinator
Summary
Staff directed Environmental Process, Inc. (EPI) to identify maintenance projects included in
the 2006 Facility Report, prepared by Wold Architects, that needed to be accomplished in
2008 with the understanding that a City goal was to replace the Brookview Community
Center (BCC) in approximately 2015-2016. EPI provided a prioritization for all projects,
including those necessary during the interim period at the Brookview Community Center.
Projects identified for Brookview Community Center, identified in an EPA Prioritization Report
dated June 16, 2008, attached herein for reference, are projects that are needed to maintain
the structure in a safe and acceptable condition until a replacement plan can be executed.
If the Council decides not to proceed with any of the items identified for the Brookview
Community Center, the following projects could be considered:
Building and Site Maintenance at City Hall &Golf Maintenance Buildings $149,100
ADA Upgrades at City Hall $70,080
Life Safety Improvements at City Hall, Fire Station #2 & #3, Golf $3,600
Maintenance and Public Safety Buildings
TOTAL $222,780
Attachments
EPI2008 Building Maintenance Prioritization Report for Brookview Center (9 pages)
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Golden Valley, MN
(santi, MN
Le Sueur, MN
Marshall, MN
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.PROJECT MANUAL
2008 BUILDING MAINTENANCE
PRIORITIZA TION
Community Center/Golf Operations
PREPARED FOR
CITY OF GOLDEN VALLEY
7800 GOLDEN VALLEY ROAD
GOLDEN VALLEY, MINNESOTA 55427
EPI No. 08-967
PREPARED BY
ENVlRONMENTAL PROCESS, INc.
715 FLORIDA AVE. S., SurtE 111
GOLDEN VALLEY, MN 55426
JUNE 16"2008
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Environmental Process, Inc.
715 Florida Avenue South, Suite 1111 Golden Valley, MN 55426-1 700
Phone: 763-398-3040 . Fax: 763-398-0121 email: epimpls@rconnect.com
DATE:
June 16,2008
RE:
City of Golden Valley
Community Center/Golf Operation
2008 Building Maintenance Prioritization
EPI No.: 2008-967
:>
epr
Community Center/Golf Operation Building Maintenance Prioritization - Summary
2008 Life Safety
2008 ADA Upgrades
2008 Concrete
2008 Exterior Building/Site Maintenance
2008 Floor Tile Repairs/Replacement
Total
2009 Air Conditioning Units
2009 Emergency Generator
Total
2010 ADA Upgrades
2010 Emergency AlarmslLights
2010 Exterior Building/Site Maintenance
Total
2011 ADA Upgrades
2011 Exterior Building/Site Maintenance
2011 Patio
Total
2012 Exterior Building/Site Maintenance
2012 General Interior Repairs
2012 Interior Painting
Total
Future: Ceiling Tile Repairs/Replacement
Future: Pipe Insulation
Future: Boiler Replacement
Future: HV AC System Upgrade
Future: Lighting
Future: Electric Panel
Total
$ 9,200.00
86,500.00
10,500.00
39,750.00
3.525.00
$149,475.00
$ 60,000.00
125.000.00
$185,000.00
$ 76,500.00
3,400.00
22.550.00
$102,450.00
$ 52,000.00
45,000.00
250.000.00
$347,000.00
$ 20,000.00
30,225.00
5.300.00
$ 55,525.00
$ 700.00
3,800.00
80,000.00
229,000.00
46,900.00
2.900.00
$363,300..00
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BUILDING CATEGORY Analysis Item Description 2008 2009 2010 2011 2012 Total Future
2008 Life Safety
BUILDING CATEGORY Analysis Item Description 2008 2009 2010 2011 2012 Total
CommunIty Center! Provide adequately-sized Janalngs at all three doors In south and west walls 01 Room 102 that are
Golf Operations LIFE SAFE1Y flush with the threshold of the doors. $1,500.00 $1,500.00
Community Center! c:.'reate emergency exiting pathS that lead dlrecUy out 01 the enclosed meChanical spaces at both the
Golf Operations LIFE SAFE1Y northeast comer of the building and at the center of the building's north side. $5,000.00 $5,000.00
community Center!
Golf Operations LIFE SAFE1Y Aeconfigure stair In Room 102 to provIde a top landing that Is flush with the threshold of the door. $1,200.00 $1,200.00-
Halse noor at bOtn dOOrs on lower level at nonneSS! comer OT tne bun ding to provlae a sunace mat IS
Community Center! flush with the threshold of each door; this elevated portion of floor should be adequately sized to
Golf Operations LIFE SAFE1Y accommodate the swing of the door. $450.00 $450.00
community Center! Remove the projecting caseWOrk In lower level north corrldor to conlonn WIth current acceslblllty
Golf Operations LIFE SAFE1Y guidelines. RepalT wall. $50.00 $50.00
Community Center! Recontlgure stair that Is located between the concrete patio and WOOd deck at the southwest corner
Golf Operations LIFE SAFE1Y of the building so that all steps meet allowable height specifications. $250.00 $250.00
Community Center!
Golf OperatIons LIFE SAFE1Y Remove steps at northeast comer of building and replace with code compliant steps. $750.00 $750.00
Total $9,200.00 $9,200.00
2008 ADA Upgrades
BUILDING CATEGORY Analysis Item Description 2008 2009 2010 2011 2012 Total
Community Center! Recommend slle modttlcaUons and regrading to proVIde a IUIIy accessible, prope~y Sloped ramp tor
Golf Operations ACCESSIBILITY access to the upper level Community Center. $80,000.00 $80,000.00
Communlly Center!
Golf Operations ACCESSIBILITY Recommend constructing ramps from Room 102 to the deck and from the patio area to the deck. $6,500.00 $6,500.00
Total $86,500.00 $86,500.00
2008 Concrete
BUILDING CATEGORY Analysis Item Description 2008 2009 2010 2011 2012 Total Future
Community Center! Reconstruct and repltch concrete patio outside Room 102 (WIllow Room) to slope away from the
Goif Operations SITE bUilding. Cut a trough In the patio for downspout to empty into and carry water away from the patio. $10,500.00 $10,500.00
Total $10,500.00 $10,500.00
Environmental Process, Inc.
715 Aorida Ave. S., Sulle 111
Golden Valley, MN S5426
EPI Job No.: 08-967
June 16, 2008
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2008 Building/Site Maintenance Project
BUILDING CATEGORY Analysis Item Description 2008 2009 2010 2011 2012 Total Future
Community Centerl
Golf Operations EXTERIOR Tuck point Joints of spin-faced block and caulk concrete caps around entire base of clubhouse. $22,000.00 $22,000.00
Community Center I
Golf Operations SITE Recommend replacement and correctly repair flashing on top of gazebo half-height walls. (15 LF.) $750.00 $750.00
Communtty Centerl
Golf Operations SITE Replace mlscut metal soffit on north side of gazebo. (25 LF.) $500.00 $500.00
Heplace oemea metal terrnlnauon mm pieces loeatee at me opening aT me gazeDO. Hemove
Community Center I existing caulk and recaulkjoints (80 L.F.) on gazebo's metal siding -. especiaUy at the lop and
Golf Operations SITE bottom ooIumn cover intersections. $1,500.00 $1,500.00
Community Center I Modtty metal raUlngs at WOOd deck and attached steps to meet current COde requirements Tor a
Golf Operations SITE guard railing. (300 L.F.) $15,000.00 $15,000.00
Total $39,750.00 $39,750.00
2008 Floor Tile Repairs/Replacement
BUILDING CATEGORY Analysis Item Description 2008 2009 2010 2011 2012 Total Future
Communtty Centerl Remove carpeting In overtlOW warm beverage storage area, and dry paper gOOds storage area, and
Goif Operations INTERIOR adjacent office/storage space. Repaint concrete floor WittJ epoxy coating. (1,030 S.F.) $2,000.00 $2,000.00
\,1ean (or replace ITneoessary) olTtyano matree vinyl composITe tiles In rooms lUll and "~' also at
Community Centerl beveraga storage room (330 S.F.). Replace cracked and loose vinyl composite tiles In Room 110 $875:00
Golf Operations INTERIOR and in storage room located dlrectly~east of Room 101 (175 S.F.). ' $875.00
Communtty Centerl
Golf Operations INTERIOR Clean grout surrounding floor tiles in both upper level toilet rooms. $100.00 $100.00
Community Centerl
Golf Operations INTERIOR Replace cracked ceramic wall base tiles In lower level toilet rooms (approximately 80 pieces). $400.00 $400.00
Communtty Centerl Replace ceramic wall tiles that are missing in uppar leVel custodial Closet located between toilet
Golf Operations iNTERIOR rooms (approximately 20 pieces). $150.00 $150.00
Total $3,625.00 $3,525.00
2009 Air Conditioning Units
BUILDING CATEGORY Analysis Item Description 2008 2009 2010 2011 2012 Total Future
Community Centerl MECHANICAL
Golf Operations SYSTEMS Replace condensing units that selVe the Upper Level HV AC systems $80,000.00 $60,000.00
Totals $0.00 $60,000.00 $80,000.00
Environmental Process, lno.
7t5 F1orklaAve. S., Sulle 111
Golden Valley, MN 55426
EPI Job No.: 08-967
June 16, 2008
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2009 Emergency Alarms I Lights
BUILDING CATEGORY Analysis Item 'Description 2008 2009 2010 2011 2012 Total Future
Community Center' ELE(.,RICAL
Golf Operations SYSTEMS Provide additional emergency lighting In corridors and near ollice exits. $3,400.00 $3,400.00
Total $3,400.00 $3,400.00
2010 ADA Upgrades
BUILDING CATEGORY Analysis Item Description 2008 2009 2010 2011 2012 Total Future
Community Center' Recommend renovating the upper and lower level lonet rcoms to meet current handicap accessibility
Golf Operations ACCESSIBILITY requirements. $6,500.00 $6,500.00
Community Center'
Golf Operations ACCESSIBILITY Provide one handlcap-accesslblehlghllow drinking fountain on each level. $12,000.00 $12,000.00
Community Center' Recommend renovating the men's and women's loCker room showers to have one tully-accessible
Golf Operations ACCESSIBILITY shower stall. $13,000.00 $13,000.00
Community Center' Other accessibility llems dlscussed In !he JQ-P report and not listed above Should be Implemented;
Golf Operations ACCESSIBILITY provide an allowance for Improvements. $45,000.00 $45,000.00
Total $76,500.00 $76,500.00
2010 Emergency Alarms I Lights
BUILDING CATEGORY Analysis Item DescriptIon 2008 2009 2010 2011 2012 Total Future
Community Genter, ELE(.,AICAL
Golf Operations SYSTEMS Provide additional emergency lighting In corridors and near ollice exits. $3,400.00 $3,400.00
Total $,3,400.00 $3,400.00
Environmental Process, Ine.
715 Florida Ave. S., Sulle 111
Golden Valley, MN 55426
EPI Job No.: 08-967
June 16, 2008
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2010 Building/Site Maintenance Project
BUILDING CATEGORY Analysis Item Description 2008 2009 2010 2011 2012 Total Future
COmmunity Center! Excavate ground outside lower level conference room and apply a waterproof membrane to exterior
Golf Operations EXTERIOR of wall that will be below grade. $5,000.00 $5,000.00
Community Center!
Golf Operations EXTERIOR Remove and reapply parglng on wall at northeast comer of lower level. (350 S.F.) $2,000.00 $2,000.00
community Center! Provide metal !Iashlng over concrete caps around entire base ot clubhouse 10 prevent fUrther water
Golf Operations EXTERIOR Infiltration damage and efflorescence. (250 L.F.) $3,500.00 $3,500.00
Community Center!
Golf Operations EXTERIOR Replace the two 2" x 2" steel columns that support canopy over community center main entry. $2,000.00 $2,000.00
Hepalr mellll sllllng JOint aetlUI at soumwest comer Of me (jOlT ~hOp. Heplace metal termtnanon tnm
Community Center! pieces around double door on the -east wall of the lower level. Remove exlstlng caulk and recaulk all
Golf Operations EXTERIOR metal siding Intersections at Golf Shop. $750.00 $750.00
Community center!
Go~ Operations EXTERIOR Scrape and repaint plywood scoreboard on south wall of Golf Shop. $50.00 $50.00
community Center!
Golf Operations EXTERIOR Replace storm window at east wall of Seniors Room. $750.00 $750.00
COmmunity Center! Modlty and replace WOoden seating SUrlaces ana baCkrest/railing at perimeter ot concrete patio
Golf Operations SITE outside Room 102 with a more durable material and to create a "guard rail." (60 L.F.) $7,500.00 $7,500.00
Community Center! Rehang west door In north wall and door In east wall at fenCed mechanical enclosure on northeast
Golf Operations SITE comer of the building for beller operation. $500.00 $500.00
Community Center! Rework the mUlch 10 provide alleastlOur Inches ot clearance between WOod mUlCh ana lowest point
Golf Operations SITE of siding on east side of building. (Allowance) $500.00 $500.00
Total $22,550.00 $22,550.00
2011 ADA Upgrades
BUILDING CATEGORY Analysis Item Description 2008 2009 2010 2011 2012 :rotal Future
Community Center!
Golf Operations ACCESSIBILITY Install Interior signage at all doors on both levels $52,000.00 $52,000.00
Total $52,000.00 $52,000.00
2011 Building/Site Maintenance Project
BUILDING CATEGORY AnalysIs Item Description 2008 2009 2010 2011 2012 Total Future
11eCOnstruct me rellllnlng wall, replace brOKen or aamaged blOCK In relallllng WlIIllocaled near
Community Center! southeast entl)' to Golf Shop; tuckpolnt mortar where nacassal)'. Provide additional drainage behind
Golf Operations SITE wall to minimize efflorescence. $45,000.00 $45,000.00
Total $45,000.00 $45,000.00
Environmental Process, lno.
715 Aoride Ave. S., Sulle 111
Golden Valley, MN 55426
EPI Job No.: 08-967
June 1e, 2008
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2011 Patio - Community Center
BUILDING CATEGORY Analysis Item Description 2008 2009 2010 2011 2012 Total Future
[;ommunity Centerl Replace pano at the BrookVIew Community Center. Also InclUdes repair otthe small retaining walls
Golf Operations Site associated with patio. $250,000.00 $250,000.00
Total $250,000.00 $250,000.00
2012 Building/Site Maintenance Project
BUILDING CATEGORY Analysis Item Description 2008 2009 2010 2011 2012 Total Future
::Ommunity Centerl Reset timber dividers In walking path near community center main entrance to be nush with
Golf Operations SITE surrounding walking surface. (Allowance) $5,000.00 $5,000.00
~ommunity Center I
Golf Operanons SITE Reset retaining walls that line walking path that leads to main enlly of community center. (Allowance) $15,000.00 $15,000.00
"Total $20,000.00 $20,000.00
2012 General Interior Repairs
BUILDING CATEGORY Analysis Item Description 2008 2009 2010 2011 2012 Total Future
:Ommunity Centerl Repair and relntorce the existing WOOCllloor structure beneath the Park and Recreation oftlcas to
Goif Operations INTERIOR correct a depression In floor In this area (approximately 200 S.F.). $15,000.00 $15,000.00
:ommunity Centerl
Golf Operations INTERIOR Correct the water Inllitration problems at four locations in the lower level. $6,500.00 $6,500.00
;ommunity Centerl
Golf Operations INTERIOR Replace lUsted toilet partlnons In lower level men's toilet room with new solid plastic stalls. $3,500.00 $3,500.00
:Ommunlty centerl
Golf Operations INTERIOR Replace single-paned glass with doUble-paned, Insulated glass In rooms 101 and 102 (60 SF). $1,200.00 $1,200.00
;ommunity Center I Replace (4) awnings at windows ot Park and Recreation oftlce With awnings that allow windows to
Golf Operations INTERIOR open fUlly. $3,000.00 $3,000.00
;ommunity Centerl
Golf Operations INTERIOR Patch concrete floor at east door on east wall of lower level (200 S.F.). $450.00 $450.00
:ommunity Center I
Golf Operations INTERIOR Replace door bumper In upper level men's toilet room. $25.00 $25.00
:ommunity'Centerl Repair toldlng door on storage Closet located In Room 111 (Senior Citizens Coordinator) tor beller
Golf Operations INTERIOR operation. $200.00 $200.00
:ommunity Centerl
Golf Operations INTERIOR Replace plastic laminate on counter top In Seniors Room. $350.00 $350.00
Total $30,225.00 $30,225.00
Erwirorvnental Process, Inc.
715 Florida Ave. S., Suite 111
Golden Valley, MN 55426
EPI Job No.: 08-967
June 16, 2006
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2012 Interior Painting
BUILDING CATEGORY Analysis Item Description 2008 2009 2010 2011 2012 Total Future
Community Centerl Retinlsh the, wood trim surrounding windows In rooms 101, 102 and upper level ofllces. Repair or
Golf Operations INTERIOR replace damaged wood window trim In rooms 101 and 102. $2,500.00 $2,500.00
COmmunity Centerl Where water stains exist, prime and paint textured gypsum board ceilings In lower level
Goff Operations INTERIOR administration office and Seniors Room storage closet (approximately 250 S.F.). $2,500.00 $2,500.00
COmmunity Centerl
Goff Operations INTERIOR Repair cracks lil gypsum board above windows In Room 122, prime and paint. $300.00 $300.00
Total $5,300.00 $5,300.00
Future: Ceiling Tile Repairs/Replacement
BUILDING CATEGORY Analysis Item Description 2008 2009 2010 2011 2012 Total Future
COmmunity Center I Replace missing and damaged glUed-UP ceiling tiles In ovelllow warm beVerage storage aree and
Goff Operations INTERIOR adjacent office/storage area (110 S.F.). $700.00
Community Centerl Replace water stelned acoustical ceiling tiles In Room, 17. Replace ceiling tiles and grid In upper
Golf Operations INTERIOR level kitchen (200 S.F.) $1,000.00
Total $1,700.00
Future Pipe Insulation
BUILDING CATEGORY Analysis Item Description 2008 2009 2010 2011 2012 Total Future
Community Centerl MECHANICAL Relnsulate pertlons ot the lower level (lomestlc hot ana col(l water to prevent condensation and heat
Golf Operations SYSTEMS loss. $3,800.00
Total $3,800.00
Future: Boiler Replacement Project
BUILDING CATEGORY Analysis Item Description 2008 2009 2010 2011 2012 Total Future
Community Centerl MECHANICAL Replace the existing modular hot water boiler with a new hlgh-efllclency condensing boiler plant, and
Goff Operations SYSTEMS replace the aging hot water pumps. $80,000.00
Total $80,000.00
Environmental Process, Inc.
715 Florida Ave. S., SuUe I I 1
Golden Valley, MN 55426
EPI Job No.: 08-967
Juna 16, 2008
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Future: HVACSystem Upgrade Project
BUILDING CATEGORY Analyslllltem Dellcr/pllon 2008 2009 2010 2011 2012 Total Future
Heplace me two I rane mUl1lzone Units wnn new mUlllzone units mat nave Integral aenumlartlcatlOn
Community Cemerl MECHANICAL through either an energy recove/y wheel or pre-cooling coil and reheat. This Item would Il)clude
Golf Operatl<lns SYSTEMS separately dueled fresh air .Intake hoods for improved air quality and venulation control. $140,000.00
Heptace me LennoxpaCKlIgea atr nanaters wnn new vanaole VOlume pacKagea air nanOlers to
Community Center I MECHANICAL improve energy efficiency. This nem Includes an allowance to provide beller weather protectl<ln to
Golf Operations SYSTEMS extend eqUipment lifespan. $89,000.00
Total $229,000.00
Future: Lighting
BUILDING CATEGORY Analysis Item Descr/ptlon 2008 2009 2010 2011 2012 Toml Future
::ommunlty Centerl ELEC,'TRICAL
Golf Operations SYSTEMS Replace existing exterior lighting on building. $6,700.00
;;ommunlty Centerl ELEC,'TRICAL
Golf Operations SYSTEMS Replace T-12 fixtures with T-8 fixtures. $39,400.00
;;ommunltyCEinterl ELEC,'TRICAL
Golf Operations SYSTEMS Provide two (2) additional extt light fixtures on lower level. $800.00
Total $46,900.00
Future: electrical Panels
BUILDING CATEGORY Analysis Item De$Cripllon - 200S 2009 2010 2011 2012 Toml Future
;;ommunlty Center I ELECTRICAL
Golf Operations SYSTEMS Provide new blank panel over exposed bus section. $200.00
;;ommunlty Center I ELEC,'TRICAL
Golf Operations SYSTEMS Replace load center at boiler room entrance. $2,700.00
Total $2,900.00
Environmental Process,.lnc.
n5 Florida Ave. S., Suite 111
Golden Valley, MN 55426
EPI Job No.: 06-967
June 16, 2006
Hey
M ndu
City Administration/Council
763-593-8003/763-593-8109 (fax)
Executive Summary
Golden Valley Council/Manager Meeting
July 8, 2008
Agenda Item
7. Crime Free Housing
Prepared By
Thomas Burt, City Manager
Summary
Council Member Scanlon asked that this item be placed on the agenda.
Attachment
Star Tribune clipping, Brooklyn Park Proposed rental rules, dated June 11,2008 (1 page)
City of Brooklyn Center background materials (9 pages)
City of Brooklyn Park background materials (5 pages)
City of St. Louis Park background materials (9 pages)
Brooklyn Center
1. Resident Manager Training optional.
2. Upon 2nd nuisance violation, owner must give City a written improvement plan.
3. Upon 3rd nuisance violation, license may be denied, revoked, suspended. Does
not include domestic calls.
4. Also utilizes a percentage rule of police calls and makes license provisional.
5. Requires background checks.
City of Brooklyn Center -- Crime Free Multi-Housing Initiative
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Crime Free Multi-Housing Initiative
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Crime Free Multi-
Housing
Working to keep criminal activity out of
rental properly.
What is Crime Free Multi-Housing?
Crime Free Multi-Housing (CFMH) is a program designed to make multi-family dwellings safe
and desirable places to live. CFMH is pro-property manager, pro-resident, and anti-crime.
The program uses a unique three-phase approach that ensures resident friendly techniques will
be applied to maintain crime prevention goals. The three components that make up the
program are:
1. Management training
2. Security assessment
3. Resident training/crime watch
Management Benefits of CFMH Program
. A stable, more satisfied resident base
. Increased demand for rental units with a reputation for active management
. Lower maintenance and repair costs
. Increased property values
. Improved personal safety for tenants, managers, and owners
. More time for routine management and less time on crisis control
. More appreciative neighbors
The Three Phases of the Program
Phase One - Management training (Day One training)
Resident managers (and/or property owners) attend an eight-hour seminar presented by police,
fire, public housing and others.
Phase Two - Security Assessment
This phase will certify that the rental property has met the security requirements for the tenant's
safety, which include:
. Single cylinder dead bolt locks
. Security strike plates with 3-inch screws
. Door viewers (peep holes)
. Windows with adequate locks and anti-liftlanti-remove mechanisms for sliding doors
. Adequate security lighting
. Landscaping
http://www.ci.brooklyn-center.mn.us/index.asp?Type=B _ BASIC&SEC=% 7BCEE04A21-C... 7/2/2008
City of Brooklyn Center -- Crime Free Multi-Housing Initiative
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. Proper addressing
Phase Three - Resident Training
A meeting is held for the residents where crime watch and
crime prevention techniques are discussed. The police, resident managers
and residents work together to promote a "community." Topics discussed
include:
. Personal safety tips
. Using 9-1-1
. Being proactive and getting to know your neighbors
How do I start in the Crime Free Multi Housing
program?
Become familiar with Brooklyn Center city ordinances 12-911 and 12-913 located on the City
website at City Codes.
For more information, please contact the Crime Prevention Specialist at 763-503-3272.
For monthly crime prevention tips, please visit the Minnesota Crime Prevention Association
website at www.mncpa.net .
This is the official site of the City of Brooklyn Center, Minnesota
Home- Brooklyn Center I eCitizen Center I Mayor / Council/ Commissions / Charter I City Code of Ordinances I Residents I Just For YOUth I
Community/News/Events I Departments/City Services I Recreation I eConnect (online registration) I Community Center I Parks and Trails I
Centerbrook Golf Course I Earle Brown Heritage Center I Cultural Diversity I Government Links I Site Map I Disclaimer/Copyright
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10. A written decision to revoke, suspend, deny or not renew a license or application
shall specify the part or parts ofthe facility to which it applies. Thereafter, and until
a license is reissued or reinstated, no rental units becoming vacant in such part or
parts of the facility may be relet or occupied. Revocation, suspension or non-renewal
of a license shall not excuse the owner from compliance with all terms of state laws
and codes and this Code of Ordinances for as long as any units in the facility are
occupied. Failure to comply with all terms of this Chapter during the term of
revocation, suspension or non-renewal is a misdemeanor and grounds for extension
of the term of such revocation or suspension or continuation of non-renewal, or for a
decision not to reinstate the license, notwithstanding any limitations on the period of
suspension, revocation or non-renewal specified in the City Council's written
decision or in paragraph 8 of this Section.
Section 12-911. CONDUCT ON LICENSED PREMISES.
1. It shall be the responsibility of the licensee to see that persons occupying the licensed
premises conduct themselves in such a manner as not to cause the premises to be
disorderly. For purposes of this Section, a premises is disorderly at which any of the
following activities occur:
a. Violation of Section 19-1202 (Noise Abatement).
b. Violation of Section 19-1121 (Unlawful Possession, Delivery or Purchase) or
violation of laws relating to the possession of controlled substances as
defined in Minnesota Statutes Section 152.01, Subdivision 4.
c. Violation of Section 19-202 (Disturbing the Peace).
d. The unlawful sale of intoxicating liquor or 3.2 percent malt liquor.
e. Violation of laws relating to gambling.
f. Violation of laws relating to prostitution as defined in Minnesota Statutes,
Section 609.321, Subdivision 9, or acts relating to prostitution.
g. Unlawful use or possession of a firearm in violation of Minnesota Statutes,
Section 609.66, Subdivision la, 609.67, or 624.713.
2. The City Manager shall be responsible for enforcement and administration of this
Ordinance. Authority to take any action authorized under this section may be
delegated to the City Manager's authorized designee.
City of Brooklyn Center
12-21
City Ordinance
3. Upon determination by the City Manager that a licensed premises was used in a
disorderly manner, as described in paragraph 1, the City Manager shall give notice to
the licensee of the violation and direct the licensee to take steps to prevent further
violations.
4. If another instance of disorderly use of the licensed premises occurs within three (3)
months of an incident for which a notice in paragraph 3 was given, the City Manager
shall notify the licensee ofthe violation and shall also require the licensee to submit
a written report of the actions taken, and proposed to be taken, by the licensee to
prevent further disorderly use ofthe premises. This written report shall be submitted
to the City Manager within five (5) days of receipt of the notice of disorderly use of
the premises and shall detail all actions taken by the licensee in response to all
notices of disorderly use of the premises within the preceding three (3) months.
5. If another instance of disorderly use of the licensed premises occurs within three (3)
months after any two previous instances of disorderly use for which notices were
given to the licensee pursuant to this section, the rental dwelling license for the
premises may be denied, revoked, suspended or not renewed. An action to deny,
revoke, suspend, or not renew a license under this section shall be initiated by the
City Manager who shall give to the licensee written notice of a hearing before the
City Council to consider such denial, revocation suspension or nonrenewal. Such
written notice shall specify all violations ofthis section, and shall state the date, time,
place and purpose of the hearing. The hearing shall be held no less than ten (10)
days and no more than thirty (30) days after giving such notice.
Following the hearing, the council may deny, revoke, suspend or decline to renew
the license for all or any part or parts ofthe licensed premises or may grant a license
upon such terms and conditions as it deems necessary to accomplish the purposes of
this section.
6. No adverse license action shall be imposed where the instance of disorderly use of
the licensed premises occurred during the pendency of eviction proceedings
(unlawful detainer) or within thirty (30) days of notice given by the licensee to a
tenant to vacate the premises where the disorderly use was related to conduct by that
tenant or by other occupants or guests ofthe tenant's unit. Eviction proceedings shall
not be a bar to adverse license action, however, unless they are diligently pursued by
the licensee. Further, an action to deny, revoke, suspend, or not renew a license
based upon violations of this section may be postponed or discontinued at any time if
it appears that the licensee has taken appropriate measures which will prevent further
instances of disorderly use.
City of Brooklyn Center
12-22
City Ordinance
7. A determination that the licensed premises have been used in a disorderly manner as
described in paragraph 1 shall be made upon substantial evidence to support such a
determination. It shall not be necessary that criminal charges be brought in order to
support a determination of disorderly use, nor shall the fact of dismissal or acquittal
of such a criminal charge operate as a bar to adverse license action under this section.
8. All notices given by the City under this section shall be personally served on the
licensee, sent by registered mail to the licensee's last known address or, if neither
method of service effects notice, by posting on a conspicuous place on the licensed
premIses.
9. Enforcement actions provided in this section shall not be exclusive, and the City
Council may take any action with respect to a licensee, a tenant, or the licensed
premises as is authorized by this Code or state law.
Section 12-912. NO RETALIATION. No licensee shall evict, threaten to evict or take any
other punitive action against any tenant by reason of good faith calls made by such tenant to law
enforcement agencies relating to criminal activity, suspected criminal activity, suspicious
occurrences or public safety concerns. This section shall not prohibit the eviction of tenants from a
dwelling unit for unlawful conduct of a tenant or invitee or violation of any rules, regulations or
lease terms other than a prohibition against contacting law enforcement agencies.
City of Brooklyn Center
12-23
City Ordinance
Section 12-913. PROVISIONAL LICENSES.
1. Licensed multiple dwellings, with five or more units, that have generated an average
of .65 or more police or fire calls per dwelling unit in a preceding one year period as
specified below are eligible only for provisional licenses. Properties with provisional
licenses may qualify for a regular license only after a one year period with fewer than
.65 police or fire calls per dwelling unit.
a. Police and fire calls that are counted in determining whether a
provisional license is required include the following types of calls or
events, all of which are hereby declared to constitute a nuisance or
other disorderly conduct:
(i) calls or events listed in Section 12-911;
(ii) calls or events categorized as part one crimes in the Unifonn
Crime Reporting System, including homicide, rape, robbery,
aggravated assault, burglary, theft, auto theft and arson;
(Hi) calls or events categorized by the police department as one of
the following:
a) Firearms (Minn Stat. 609.66 609.67)
b) Weapons/dangerous weapons (Minn Stat. 609.02
subd.6 & 609.66) City Ordinance 19-402
c) Drug paraphernalia (Minn Stat. 152.092)
d) Loud persons - City Ordinance 19-1201
e) Gambling (Minn Stat. 609.755 & 609.76)
f) Loud parties - City Ordinance 19-120 I
g) Prostitution (Minn Stat. 609.321)
h) Noise - cars/dogs City Ordinance 1-110- horns/radios
- City Ordinance 19-1201,02,03
i) Fights - City Ordinance. 19-203
j) Drugs/narcotics and/or narcotic precursors (Minn
Stat. 152.01)
k) Allowing curfew/status offenses/underage drinking-
City Ordinance 19-301,19-304
I) Disorderly conduct (Minn Stat. 609.72)
m) Property damage - City Ordinance 19-211
n) Assaults 5th degree non-domestic - City Ordinance
19-204
0) Public disturbance - City Ordinance 19-202
p) Fire alarms - City Ordinance 5-112
q) Interference with a peace officer (Minn Stat. 609.50)
City of Brooklyn Center
12-24
City Ordinance
r) Unlawful assembly (Minn Stat. 609.705) City
Ordinance 19-1105
s) Presence at unlawful ~sembly (Minn Stat. 609.175)
t) Terroristthreats (Minn Stat. 609.713)
u) Loitering - City Ordin~ce 19-201
(iv) The City Manager may determjne that multiple incidents shall
be counted as a single call in appropriate cases.
b. Calls will not be counted for purposes of determining whether a
provisional license is required where the victim and suspect are
"Family or household members" as dpfmed in the Domestic Abuse
Act, Minnesota Statutes, Section 518B.Ol, Subd. 2 (b) and where
there is a report of "Domestic Abuse" as defined in the Domestic
Abuse Act, Minnesota Statutes, Section 518B.Ol, Subd. 2 (a).
c. The period oftime used to determine whether a provisional license is
required is the twelve (12) month period ending two months before
the six-month review period described in section 12-901(2).
. d. The City will provide by mail to each licensee a monthly report of
calls described in paragraph (1) (a) above.
2. The applicant for a provisional license must submit for Council review a mitigation
plan for the license period. The mitigation plan shall describe steps proposed by the
applicant to reduce the number of police and fire calls described in paragraph (1) (a)
to a level that qualifies for a regular license. The mitigation plan may include such
steps as: changes in tenant screening procedures, changes in lease terms, security
measures, rules and regulations for tenant conduct, and security personnel.
3. The application with a proposed mitigation plan will be presented to the City Council
together with a recommendation by the City Manager or the Manager's designee as
to the disposition thereof. After giving the applicant an opportunity to be heard and
present evidence, the Council shall approve, disapprove, or approve with conditions
the application and the mitigation plan. Ifthe Council disapproves an application and
mitigation plan or approves it with conditions, it shall state its reasons for so doing in
writing. In evaluating a mitigation plan, the Council will consider, among other
things, the facility, its management practices, the nature and seriousness of causes for
police and fire calls and the expected effectiveness of measures identified in the plan
to reduce the number of police and fire calls. In evaluating a mitigation plan
submitted by an applicant already under a provisional license, the Council will also
consider the effectiveness of measures identified in the applicant's previous
mitigation plan and the need for different or additional measures to reduce police and
fire calls.
City of Brooklyn Center
12-25
City Ordinance
4. The licensee shall comply with the mitigation plan as approved or modified by the
Council. No later than the tenth day after each calendar month, the licensee shall
mail or deliver to the City Manager a written report describing all steps taken in
furtherance of the mitigation plan during the preceding month.
Section 12-914. TENANT BACKGROUND CHECKS.
1. All licensees will conduct criminal background checks on all prospective tenants.
The criminal background check must include the following:
(a) A statewide (Minnesota) criminal history check of all prospective tenants
covering at least the last three years; the check must be done "in person" or
by utilizing the most recent update ofthe state criminal history files;
(b) A statewide criminal history check from the prospective tenant's previous
state of residence if the tenant is moving directly from the previous state;
(c) A criminal history check of any prospective tenant in their previous states of
residence covering the last three years if they have not resided in Minnesota
for three years or longer;
(d) A criminal history check of any prospective tenant must be conducted in all
seven counties in the metro Twin City area covering at least the last three
years including all misdemeanor, gross misdemeanor, and felony convictions.
(e) Licensees will retain criminal history check information for at least one year
after the date of the check or, if the subject ofthe check becomes a tenant of
the licensed premises, one year after the subject ofthe check has ceased to be
a tenant. Such information shall be available for inspection upon demand by
the City Manager or the City Manager's designee, during normal business
hours.
City of Brooklyn Center
12-26
City Ordinance
Brooklyn Park
1. Rental Property Training optional.
2. After 2nd nuisance violation, written improvement plan provided to City.
3. After 3rd nuisance violation, license may be revoked.
Licensing
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Home Paoe > Deoartments > Community Develoomgnt > Econo~Develooment > Housino > Rental Housino > Owners and Manaoers > Licensing
Licensing
l'S;leilli
No person, firm or corporation shall operate a rental dwelling in the city without first having obtained a license. Rental properties
that are one to fifteen units receive a two y.ear license valid October 1st through September of the expiring year. Please make sure If
you sell your property that you notify the city within 30 days of closing.
If you do not have a rental license, contact the Brooklyn Park's Licensing Department to request an application (763-493-8182). The
application must be completed and returned with your fee. Your application will be processed and a license will be mailed to you. The
license must be posted in a conspicuous location at the rental property. .
Prior to license renewal you will receive a letter with a date for an inspection. The inspection takes can take thirty minutes to two
hours to complete. The city inspector will go through your unit with you and help you comply with the requirements of the
International Property Maintenance Code and all other health, safety and housing laws. Click here to see a sample copy of an
inspection form.
You will be sent a renewal notice prior to the expiration of your license. Return the form with any updates and the license fee. Please
make sure you contact the Housing Inspections Department (763-493-8084) upon change of personal information, such as new
address or new phone number.
If you hold a one-year rental property license you are entitled to the "Investment Owners Guide to Successful Rental Property
Management" (available on-line or at City Hall) and you are eligible for discounts on training through Minnesota Multi Housing
Association.
License Fees for 2006-2007 are outlined in section 117.45 of the appendix of the City Code
Annual License:
Apartments (16 units & over) $18.00 per unit per year
Rent<1JLSm<1JLApartmenLLicenseJnfoITDllJion
One-vear license Fee:
Single-family attached
Double (one-side)
Double (two-side)
Condominium
Townhome
Apartments (1 - 3 units)
Small apartments (4-15 units)
$150
$150
$150 per side
$150
$150
$330
$330
117.52(C)(4)(a} The above license fee includes an initial inspection and one follow-up inspection. Any inspections required after that
for incomplete work is subject to a re-inspection fee of $47.
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Wednesday, July 02, 2008
!:lame Pli91l > Deoartments > Communltv DeygjQQment > .E.conomlc Develooment > Housing > Rental Hou~ > Owners and Manaogn; > Rental Property Owner
Training
Rental Property Owner Training
L21L!Jii
Nearly 1,400 Investment properties are licensed with the city of Brooklyn Park. To support the success of these rental properties and
neighborhoods the City, in partnership with the J'1i!1D~SQt(L.MultLJ:!Ql,J.~i.!J.fL~_s.;;Q(,";[atiQn (MHA), offers a variety of seminars for owners
of Investment property. Specific training opportunities are listed below or visit the MHA website for a full listing of .M!:t8~gu('";i;ltiQO
SemI0i';1fs...ey.entSJ3JJQcOurse.s. Space Is limited - sign up early!
Contact Us:
Mailing Address:
Community Development
5200 85th Ave N
Brooklyn Park, MN 55443
Phone: 763-493-8145
Fax: 763-493-8391
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Home Paa@ > Departments> Community DeveloRment > EconomiC DeveloDment >. Housino > Rental Housing > Owners and Manaoers > 3 Strike Ordinance
3 Strike Ordinance
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CONDUCT ON LICENSED PREMISES !i117.49
_ The complete city code and fee schedule can be found at \I\f\l\fw,amJegaI,cJ:1m!OrQ.o!51yrLRar15_ffiol. The rental licensing section begins
at Chapter 117. Below Is a section of the city code that pertains to conduct on your licensed rental property sometimes referred to
as the "three strikes. ordinance. This ordinance has been very helpful to landlords attempting to evict problem renters. Including a
violation of this code in your Eviction Action demonstrates to the court that the renter's actions jeopardize the lanqlord's rental
license. Therefore, the court Is more likely to rule In favor of the landlord.
The City Manager has designated the Police Department to administer this ordinance. If you have any questions or concerns contact
the Community Oriented Policing Unit at 763-493-8283.
(A) It is the responsibility of the licensee to see that persons occupying the licensed premises conduct themselves in such a manner
as not to cause the premises to be disorderly. For purposes of this section, a disorderly Is one premises at which any of the
following activities occur:
1. Violation of !i92.05 and 92.06 of city code (animal noise and public nuisances).
2. Violation of !i134.03 (noisy parties).
3. Violation of Chapter 135 of this code (unlawful possession, delivery or purchase) or violation of laws relating to the
possession of controlled substances as defined In M.S. !i152.01 et seq.
4. Violation of!i!i 134.15 et seq. (disorderly conduct) or violation of laws relating to disorderly conduct as defined in M.S. !i
609.72. - .
5. Violation of !i!i 112.030 through 112.069 of this code (unlawful sale of Intoxicating liquor or 3.2 malt liquor) or violation of
laws relating to the sale of intoxicating liquor as defined in M.S. !i!i 340A.701, 340A.702 or 340A.703.
6. Violation of laws relating to prostitution or acts relating to prostitution as defined in M.S. !i 609.321, Subdivision 9.
7. Violation of Chapter 136 of this code (weapons) or violation of laws relating to unlawful use or possession of a firearm as
defined in M.S. !i!i 609.66 et seq., on the licensed premises.
8. Violations of !i 134.01 of this code (assaults) or laws relating to assault, Including domestic assault as defined in M.S. !i
609.2242.
9. Violation of laws relating to contributing to the need for protection or services or delinquency of a minor as defined in
M.S. !i 260C, et. seq..
(B) The City Manager is responsible for enforcement and administration of this subchapter.
(NOTE: The City Manager has designated the Police Department to enforce this code.)
(C) Upon determination by the City Manager that a licensed premises was used in a disorderly manner, as described in diviSion (A)
above, the City Manager must give notice to the licensee of the violation and direct the licensee to take steps to prevent further--
violations.
(D) If another instance of disorderly use of the licensed premises occurs within three months of an incident for which a notice In
division (C) of this section was given, the City Manager must notify the licensee of the violation and must also require the licensee to
submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the
premises. This written report must be submitted to the City Manager within five days of receipt of the notice of disorderly use of the
premises and must detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the
preceding three months.
(E) 1. If another instance of disorderly use of the licensed premises occurs within three months after any two previous instances of
disorderly use for which notices were given to the licensee pursuant to this section, the rental dwelling license for the premises may
be denied, revoked, suspended or not renewed. An action to deny, revoke, suspend, or not renew a license under this section must
be initiated by the City Manager who must give to the licensee written notice of a hearing before the City Council to consider such
denial, revocation, suspension or non-renewal. Such written notice must specify all violations of this section, and must state the
date, time, place and purpose of the hearing. The hearing must be held no less than ten days and no more than 30 days after giving
such notice.
2. Following the hearing, the Council may deny, revoke, suspend or decline to renew the license for all or any part or parts of the
licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this
http://www. brooklynpark.org/sitepages/pid45 5 .php
7/2/2008
3 Strike Ordinance
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section.
(F) No adverse license action shall be Imposed where the instance of disorderly use of the licensed premises occurred during the
pendency of eviction proceedings (Eviction Action) or within 30 days of notice given by the licensee to a tenant to vacate the
premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. A
landlord may not avoid an adverse license action simply by filing the eviction; the landlord must be genuine in the pursuit of the
eviction. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this section may be postponed
or discontinued at any time if It appears that the licensee has taken appropriate measures which will prevent further Instances of
disorderly use.
(G) A determination that the licensed premises have been used In a disorderly manner as described In division (A) of this section
shall be made upon a fair preponderance of the evidence to support such a determination. It Is not necessary that criminal charges
be brought in order to support a determination of disorderly use nor does the fact of dismissal or acquittal of such a criminal charge
operate as a bar to adverse license action under this section.
(H) All notices given by the city under this section must be personally served on the licensee, sent by certified mail to the licensee's
last known address or, If neither method of service effects notice, by posting on a conspicuous place on the licensed premises.
(1) Enforcement actions provided in this section are not exclusive, and the City Council may take any action with respect to a
licensee, a tenant, or the licensed premises as is authorized by the city code, state or federal law. ('72 Code, ~ 455:50) (Ord. 1992-
710, passed; Am. Ord. 2002-975, passed 6-10-02) f>eOaJty, See S_.LQ,99
Contact Us:
Mailing Address:
Community Development
5200 85th Ave N
Brooklyn Park, MN 55443
Phone: 763-493-8145
Fax: 763-493-8391
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7/2/2008
Saint Louis Park
1. Owner or Property Manager must attend at least one training session.
2. Landlord must terminate renter lease upon 3 nuisance violations.
ORDINANCE NO. 2334-07
CITY OF ST. LOUIS PARK
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 8, ARTICLE II,
THE CODE OF ORDINANCES, CITY OF ST. LOUIS PARK,
MINNESOTA RELATING TO RENTAL HOUSING
LICENSES, REQUIRING CRIME FREEIDRUG FREE AND
DISORDERLY USE LEASE LANGUAGE
THE CITYOF ST. LOUIS PARK DOES ORDAIN:
Section 1. Crime Free/Drug Free and Disorderlv Use Lease Language Requirements.
Chapter 8, Article II, Subdivision VIII of the Code of Ordinances relating to rental housing is
amended in its entirety to read as follows:
Sec. 8-326. License required.
(a) The owner of a residential building or portion thereof operated as rental
housing with one or more dwelling units must obtain a rental housing license. The license
shall contain a statement that the tenant or tenants may contact the attorney general for
information regarding the rights and obligations of owners and tenants under state law.
The statement shall include the telephone number and address of the attorney general.
(b) The term "rental housing" means any occupied dwelling or dwelling unit
that is not owner occupied. The term includes any dwelling or dwelling unit occupied by
a relative ofthe owner.
(c) Exceptions.
circumstances:
No license shall be required under the following
(1) A single family dwelling or single dwelling unit of a duplex occupied by
the building owner for a minimum of six months per calendar year.
(2) Rented rooms within an owner occupied dwelling unit.
(3) Rented dwelling units that are part of a condominium or townhouse
association.
Sec. 8-327. Required Application Information.
The owner must identify a designated property manager responsible for operation
and maintenance of each licensed property. Contact information for the owner and
property manager must be provided on the license application, and the owner must
provide the city with any changes occurring within the license period. The owner may be
the designated property manager. The owner must submit verification with the license
application that the designated property manager has attended required training as
specified in this section and that the Crime Free/Drug Free and Disorderly Use language
required by this section is contained in the licensed property tenant lease or leases.
Ordinance No. 2334-07
-2-
Section 8-328. Crime Free/Drug Free Training.
The owner or property manager must have attended an approved training program
in The Minnesota Crime Free Multi-Housing Program before any rental license is issued.
A Provisional License may be issued for six months to accommodate the training
schedule. An owner whose only rental housing is a single family dwelling homesteaded
by a relative is exempted from the training program.
Sec. 8-329. Maintenance.
The owner of rental housing must maintain all units, common space and exteriors
of such buildings in compliance with the City Code and state and federal laws and
regulations. The owner of such rental housing shall perform a periodic assessment of all
portions of the building and correct any inadequacies to ensure the building is maintained
in good repair.
Sec. 8-330. City Inspections.
(a) The owner of rental housing shall permit access by the City to perform a
minimum of one inspection every two years of the common space and every dwelling
unit. The City may perform or require additional inspections if deemed necessary by the
City or by the request of a tenant. The owner shall notify the tenant or tenants of the time
when the City inspection will be conducted and provide access to the units.
(b) The owner's rental housing license may be suspended, revoked or denied.
renewal for failing to maintain the licensed building in compliance with the property
maintenance code as set forth in chapter 6, article V of this Code or otherwise failing to -
comply with the requirements of the City Code or applicable state or federal law.
Sec. 8-331. Crime Free/Drug Free and Disorderly Use Lease Requirements.
(a) All tenant leases, except for state licensed residential facilities and subject to
all preemptory state and federal laws, shall contain the following Crime Free/Drug Free
and Disorderly Use language:
(1) Crime Free/Drug Free.
1. Resident, any members of the resident's household or a guest or
other person affiliated with resident shall not engage in criminal
activity, including drug-related criminal activity, on or near the
premises.
2. Resident, any member of the resident's household or a guest or
other person affiliated with resident shall not engage in any act
intended to facilitate criminal activity, including drug-related
criminal activity, on or near the premises.
Ordinance No. 2334-07
-3-
3.
Resident or members of the household will not permit the dwelling
unit to be used for, or to facilitate criminal activity, including drug-
related criminal activity, regardless of whether the individual
engaging in such activity is a member of the household, or a guest.
4.
Resident, any member of the resident's household or a guest, or
other person affiliated with the resident shall not engage in the
unlawful manufacturing, selling, using, storing, keeping, or giving
of a controlled substance at any locations, whether on or near the
premises or otherwise.
5.
VIOLATION OF THE ABOVE PROVISIONS SHALL BE A
MATERIAL AND IRREPARABLE VIOLATION OF THE
LEASE AND GOOD CAUSE FOR IMMEDIATE
TERMINATION OF TENANCY.
(2) Disorderly Use.
1. Resident, members of the resident's household, guests, or other
persons under the resident's control shall not engage in the
following Disorderly Use activities: violations of state law relating
to alcoholic beverages, trespassing or disorderly conduct; and
violation of the St. Louis Park City Code relating to prohibited
noise.
2. THREE DISORDERLY USE VIOLATIONS INVOLVING THE.
SAME TENANCY WITHIN A CONTINUOUS TWELVE.
MONTH PERIOD SHALL BE A SUBSTANTIAL AND
MATERIAL VIOLATION OF THE LEASE AND GOOD
CAUSE FOR TERMINATION OF THE TENANCY.
(3) Definitions.
1. The term "criminal activity" means prostitution, criminal street
gang activity, threatening, intimidating or assaultive behavior, the
unlawful discharge of firearms, or any other criminal activity on or
near the premises that jeopardizes the health, safety and welfare of
the landlord, his agent, other resident, neighbor or other third party,
or involving imminent or actual serious property damage.
2. The term "drug related criminal activity" means the illegal
manufacture, sale, distribution, use, or possession with intent to
manufacture, sell, distribute, or use of a controlled substance or
any substance represented to be drugs (as defined in Section 102 of
the Controlled Substance Act [21 U.S.C. 802]).
(4) Non-Exclusive Remedies. The Crime Free/Drug Free and Disorderly Use
provisions are in addition to all other terms of the lease and do not limit or
replace any other provisions.
Ordinance No. 2334-07
-4-
(b) These lease provisions shall be incorporated into every new lease for a
tenancy beginning January 1,2008 and all renewed leases by January 1,2009.
(c) Upon determination by the Police Department that a licensed premises or
unit within a licensed premises was used in violation of the Crime Free/Drug Free
provisions of Subsection (a) (1) herein, the Police Department shall cause notice to be
made to the owner and property manager of the violation. The owner or property
manager shall notify the tenant or tenants within ten days of the notice of violation of the
Crime Free/Drug Free lease language and proceed with termination of the tenancy of all
tenants occupying the unit. The owner shall not enter into a new lease for a unit located
in the licensed property with an evicted tenant for a period of one year after the eviction.
(d) Upon determination by the Police Department that a licensed premises or
unit within a licensed premises was used for Disorderly Use activities as set forth in
Subsection (a)(32) herein, the Police Department shall cause notice to be made to the
owner and property manager of the violation and direct the owner and property manager
to take steps to prevent further Disorderly Use violations.
(e) If a second Disorderly Use violation as determined by the Police
Department occurs within a continuous twelve month period involving the same tenancy,
the Police Department shall cause notice to be made to the owner and property manager
of the second violation. The owner or property manager shall respond in writing within
ten (10) days of receipt of the notice with an action plan to prevent further Disorderly Use
violations.
(f) If a third Disorderly Use violation as determined by the Police Department.
occurs within a continuous twelve month period involving the same tenancy, the Police .
Department shall cause notice to be made to the owner and property manager of the third
violation. The owner or property manager shall notify the tenant or tenants within ten
days of the Notice of Disorderly Use violation of the Crime Free/Drug Free lease
language within the lease and proceed with termination of the tenancy of all tenants
occupying the unit. The owner shall not enter into a new lease for a unit located in the
licensed property with an evicted tenant for a period of one year after the eviction.
(g) The provisions of Subsections (c), (d), (e), and (f) herein do not apply if
the determination that the premises have been used in violation of the Crime Free/Drug
Free provisions of Subsections (a)(1) and (a)(2) herein originates from a call from or at
the request of one or more of the tenants occupying the premises for police or emergency
assistance, or in the case of domestic abuse, from a call for assistance from any source.
The term "domestic abuse" has the meaning given in Minn. Stat. S 518B.OI, subd. 2.
Sec. 8-332. Administrative License Violation Fee.
An owner failing to proceed with an action to terminate the tenancy after Police
Department notification in accordance with a Crime Free/Drug Free violation or the third
Disorderly Use violation shall pay an administrative license violation fee of $750.00 for
each calendar month that the owner fails to proceed. Any outstanding fees must be paid
prior to the city renewing a rental license for the licensed premises.
Ordinance No. 2334-07
-5-
Section 2. Effective Date. This Ordinance shall take effect fifteen days after its
publication.
First Readin
Second Readin
Date of Publication
Date Ordinance takes effect
June 18, 2007
Jul 16,2007
Jul 26,2007
Au st 10, 2007
Reviewed for Administration:
Adopted by the City Council July 16, 2007
City Manager
Mayor
Attest:
Approved as to Form and Execution
City Clerk
City Attorney
FREQUENTLY ASKED QUESTIONS:
What is CFMH?
The Crime Free Multi-Housing Program is designed to reduce crime, drugs,
illegal and nuisance activity in apartment communities. Developed by Mesa
Arizona Police in 1992, CFMH can be found throughout the U.S. and Canada. In
addition, cities in: Japan, Finland, England and Puerto Rico are participating in
CFMH.
The program consists of three phases to be completed under the supervision of
local police:
o Phase I: Management Training
o Phase II: Crime Prevention Through Environmental Design Survey
(CPTED)
o Phase III: Crime Watch, Resident Training
Once all three phases are completed, the property is fully certified. This allows
the use of the Crime Free Housing Program sign and use of the official CFMH
logo in advertising. Certification expires every year unless renewed with the
Police.
**ST. LOUIS PARK ORDINANCE REQUIRES PHASE ONE ONLY, THE
SUBSEQUENT PHASES ARE OPTIONAL **
Who Should Attend?
This training is recommended for owners, apartment managers, leasing agents
and employees responsible for screening and approving residents.
However, other office staff, maintenance workers and grounds crew personnel
are also encouraged to attend; this gives them an understanding of their roll in
reporting suspicious activity and.crime prevention.
Property owners, area, and regional managers also find the training valuable. It
is important for the policy makers to understand the program so they will support
their managers with any necessary changes to obtain full certification.
**ST. LOUIS PARK CITY ORDINACE ONLY REQUIRES THAT THE OWNER
OR REPRESENTATIVE OF THE OWNER ATTENDS THE TRAINING**
What Willi Learn?
To fulfill the Phase I training requirement, YOU must attend the entire day of
trainina.
o Applicant Screening & Tips
o Rental Agreements & Legal Issues/Evictions
o CPTED, Preparing the Property
o Recognizing Illegal Activity
o Working with Police and Cities
Speakers may include the drug task force, housing specialists, an attorney, and
crime prevention unit.
Why Should I Attend?
o A stable, more satisfied tenant base
o Increased demand for rental units
o A reputation for active management
o Lower maintenance and repair costs
o Increased property values
o Improved personal safety for tenants, landlords, and managers
o Peace of mind that comes from spending more time on routine
management, less time 011 crisis control
Where Is the Trainina?
The trainings will be held at either St. Louis Park City Hall, Council
Chambers, 5005 Minnetonka Blvd., St. Louis Park, MN 55416 OR
St. Louis Park Rec Center, 3700 Monterey Dr., St. Louis Park, MN
55416. Please check your registration form for location of your
training date and make note for future reference on the C.F.M.H.
Training Reminder Form. Call 952-924-2609 for directions.
How Do I Sian Up?
o Pre-registration is required.
o Enrollment is limited, so register early.
o There is a $25.00 registration fee that includes a handbook, refreshments,
and lunch.
Checks Payable To:
St. Louis Park Police Department (SLPPD)
Crime Prevention Fund
o Please return enclosed registration form, no later than one week prior to
class.
o Mail to: Attn: Community Outreach, St. Louis Park Police
Department, 3015 Raleigh Av. S., St. Louis Park, MN 55416.
o Class size is limited and registrants will be taken on a first-come,
first-served basis.
o Registration cannot be refunded.
o The registration is included in this packet of information, along with an
envelope.
o If you require any special accommodations (including dietary) for participating in
the training, please contact Officer Kim Czapar at 952-924-2661 as soon as
possible.
Crime Free Multi-Housing (C.F.M.H.) is a powerful tool with which property managers
and police work together to prevent and reduce crime. Entering into its 16th year, the
C.F.M.H. program is recognized as a national standard for effective apartment
management practices.
Phase I is an eight~hour training session for property managers and law enforcement
personnel. The training is required by city ordinance for rental property owners or their
management representative. The course covers useful property management tools to
make your property safer and reduce the problems and costs connected with
removing problem residents. Topics include the application process, rental
agreements, the Crime Free Lease Addendum, and evictions. You will also learn ways
to work with the police and recognize illegal and/or suspicious activity. In addition, we
will present an overview of the other two optional phases of C.F.M.H. certification,
which include the implementation of C.P.T.E.D. (Crime Prevention through
Environmental Design) and conducting a community meeting.
Attached you will find the registration form for the Crime Free Multi-Housing Phase I
training in 2008, sponsored by St. Louis Park Police Department. Register for one of
the training sessions by completing the registration form and mailing it to the Police
Department along with the $25.00 payment and mail to Attn: Community Outreach,
3015 Raleigh Ave. S. St. Louis Park, MN 55416. Please take note of the session
location on the registration form. We hope you and your associates will attend the
training. Please visit the City's website at www.stlouispark.org for further details and a
full version of the Crime Free Ordinance or call me if you have any questions: Officer
Kim Czapar, 952-924~2661.
nlley
Memorandum
Finance
763-593-8013/763-593-8109 (fax)
Executive Summary
Golden Valley Council/Manager Meeting
July 8, 2008
Agenda Item
8. 2009 General Fund Proposed Budget
Prepared By
Sue Virnig, Finance Director
Summary
The 2009 General Fund Proposed Budget is enclosed in your agenda packet. At the
Council/Manager meeting the Council will be reviewing the following divisions: City Council,
City Manager, Legal, Planning and Administrative Services. Appropriate staff will be in
attendance to discuss the proposed budgets for these divisions and answer questions from
the Council.
Attachment
2009 General Fund Proposed Budget Book (loose in agenda packet)