agenda packet (entire)
AGENDA
Regular Meeting
of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
VVednesday,August6,2008
6:30 p.m.
The Council may consider item numbers 1, 2, 3, 4, 6 and 7
prior to the public hearings scheduled at 7:00 p.m.
1. CALL TO ORDER
A. Roll Call
B. Board/Commission Oath of Office and Presentation of Certificate of Appointment
PAGES
2. ADDITIONS AND CORRECTIONS TO AGENDA
3. CONSENT AGENDA
Approval of Consent Agenda - All items listed under this heading are considered to be
routine by the City Council and will be enacted by one motion. There will be no
discussion of these items unless a Council Member or citizen so requests in which
event the item will be removed from the general order of business and considered in its
normal sequence on the agenda.
A. Approval of Minutes - City Council Meeting - July 1, 2008
B. Approval of Check Registers:
1. City
2. Housing and Redevelopment Authority
C. Licenses:
1. Solicitor's License - Erinn Prischmann for Edward Jones
2. Solicitor's License - Casey Larson for Edward Jones
D. Minutes of Boards and Commissions:
1. Board of Zoning Appeals - June 24, 2008
2. Human Services Foundation - June 9, 2008
3. Environmental Commission - June 23, 2008
4. Open Space and Recreation Commission - June 23 2008
5. Envision Connection Project Board of Directors - June 19, 2008
6. Joint Environmental Commission, Planning Commission, Open Space and
Recreation Commission and City Council - June 23, 2008
E. Bids and Quotes:
1. Street and Utility Maintenance Buildings Roof Replacement - Bids
F. Approval of Appointment of Election Judges for State Primary Election 08-32
G. Authorization to Sign Amended Subdivision Development Agreement - Vogel Second
Addition
H. Authorization to Sign Joint Powers Agreement with City of St. Paul for Public Safety
Support for 2008 Republican National Convention
4. PUBLIC HEARINGS 7:00 PM
A. Public Hearing - Issuance of Revenue Bond - Community Involvement Programs
Project 08-33
B. Public Hearing - Ordinance #403 -Rezoning to Mixed Use Zoning District - 1-394
Corridor Study Area
5. OLD BUSINESS
A. Continued Item - Authorization to Sign Amended PUD Permit - Calvary Lutheran
Church - PUD #46 - Amendment #6 - 7520 Golden Valley Road
6. NEW BUSINESS
A. Call for Public Hearing - Issuance of Revenue Bonds - Opportunity Partners, Inc. -
9/2/08 08-34
B. Declaration of Hazardous Building - 4032 Wayzata Boulevard
C. Authorization to Sign Amended PUD Permit - North Wirth Parkway/Mortenson PUD
NO.33 - Amendment No.1
D. First Consideration - Ordinance #404 - Amendment to Section 4.20 - Adding
Language Regarding 1-394 Mixed Use Zoning District Signage
E. First Consideration - Ordinance #405 - Amendment to Chapter 1 Providing Penalties
for Fraudulent Statements and Amendments to Chapter 3 Regarding Private
Contractors Permitted to Perform Sanitary Sewer Service Inspections and Violations
Provisions and Second Consideration - Ordinance #406 - Amendment to the Master
Fee Schedule for Sanitary Sewer Inspections and Compliance Fees
F. First Consideration - Ordinance #407 - Amending Sections 10.51 Regarding Lawn
Maintenance Notifications and 10.52 Regarding Application of Fertilizers and
Pesticides
G. Announcements of Meetings
H. Mayor and Council Communications
7. ADJOURNMENT
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e orandu
Finance
763-593-8013/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 6, 2008
Agenda Item
3. B. 1. Approval of City Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of check register for various vendor claims against the City of Golden Valley.
Attachments
Loose in agenda packet.
Recommended Action
Motion to authorize the payment of the bills as submitted.
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M ndu
Finance
763-593-8013/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 6,2008
Agenda Item
3. B. 2. Approval of Housing and Redevelopment Authority Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of check register for various vendor claims against the Housing and Redevelopment
Authority.
Attachments
Loose in agenda packet.
Recommended Action
Motion to authorize the payment of the bills as submitted.
Hey
emo ndum
City Administration/Council
763-593-8002/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 6, 2008
Agenda Item
3. C. 1. Solicitor's License - Erinn Prischmann for Edward Jones
Prepared By
Christine Columbus, Administrative Assistant
Summary
As per City Code, any individual or group intending to go door-to-door within the City selling
products, taking orders or soliciting for business or donations must be licensed by the City to
do so.
Attachments
Peddler/Solicitor License Application (2 pages)
Recommended Action
Motion to approve the solicitor's license for Erinn Prischmann on behalf of Edward Jones.
.....
Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City
Council Meeting. Council Meetings are normally held the first and third Tuesday of each month.
"'ll
PEDDLER/SOLICITOR LICENSE APPLICATION c)O
TO: Golden Valley City Council Fee Paid: $ 00 ,
7800 Golden Valley Road Number. of Persons: I
Golden Valley, MN 55427 Type of License Requested:~tll.t1z>>'5
~ \
Enclose the sum of $ <1jJ for (number) peddlers/solicitors as required by City Code
of the City of Golden Valley and have complied with all the requirements of said Code necessary
for obtaining this license.
&(~Y\ rp/,'5CltYY\. C{~~
(Business or Individual Name to be Licensed)
103 f Wclt;z1+/~;?LU)J
(Address, including City, State and Zip Code)
q?Z-l.f~-2901
(Telephone Number, including Area Code)
NOW, THEREFORE, e V{'nn rp", ,'5eIA.~~ hereby makes application for the
dlJ (Applicant Name)
period of '6/ ~/O~ through 6/30/.ct;., subject to the conditions and provisions of said City Code.
&1"---
(90 I dP '^ r/Q,t(e~ I M .AI 59/27
(Signature of Applicant/Principal Officer)
Mt0
(Photo ID Verification)
. N 77<{/9S60;;;-9;)-0
REQUIRED LICENSE INFORMATION
Applicant (if different from above):
Name
Address
(Include City, State and Zip Code)
Telephone Number (including area code)
Date of Birth (if an individual)
Business Name of Applicant ~(L..ufU..d .JOIA IJ S
Address , 1..95l) M tU1. cAis~ 1<.Da d S/. Lou,' 5 I jA 0 Co? { 3 \
-(Include City, State and Zip Code)
Define Business Vl., ~ (
(Corporation, Prop ietorship, Partnership, etc.; State of Incorporation)
Description of goods or services for sale (include prices) or indicate if soliciting donations. If more
space is needed, attach additional sheets (be specific): ,5~ t!A ( r' " ~p So
NOTE: If the products for sale are changed or modified, you must give the City complete
information regarding such change or modification.
If the Peddler or Solicitor is so engaged on behalf of an organization, supply:
""
Name of Organization ~ (j)a.A. d j()'ti?
-J 0.... _ J
Address of Organization rZ5'55 ;VtaAt eA1~(jA.. JUIO~
(Include City, State and Zip Code)
Sf- Lod\~ f )It 0 63/31
Telephone, NUmber)lnCIUdingArea Code)
~-L/( f ,(')/ 00
~~?JL/10 M 0
Define Business
Corporation, Proprietorship, Partnership, etc.; State of Incorporation)
List the names and addresses of EACH person who will be peddling or soliciting on behalf
of said organization in the City, or, in the alternative, the name, address and telephone
number or numbers where a responsible person of said organization will maintain a list of
names and addresses of all persons engaged in peddling or soliciting in the City:
~' (t1rdr.
'.:-Y'U1 fA n S ,,(kt/)( V\. V\
(If more space is needed, attach additional sheets)
STATE OF m J N NtSlJ111- )
. I) ss.
COUNTY OF j-MJJ1JfiJ1/V)
I, U( '" V\ qrr '-seA ~~ /I\. II'--
(OfficerllnElividual)
of
~dLU~d J()VL~)
(Name of Organization)
being first duly sworn, depose and say that all the foregoing information is true to his/her own
knowledge except as to matters therein stated on information and belief, and as to such matters,
he/she believes them to be true.
~~
(Signature of Applicant/Principal Officer)
JUDITH A. NALLY
NOTARY PUBLIC. MINNESOTA
My Commission Expires Jan. 31,2010
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M n m
City Administration/Council
763-593-8002 I 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 6,2008
Agenda Item
3. C. 2. Solicitor's License - Casey Larson for Edward Jones
Prepared By
Christine Columbus, Administrative Assistant
Summary
As per City Code, any individual or group intending to go door-to-door within the City selling
products, taking orders or soliciting for business or donations must be licensed by the City to
do so.
Attachments
Peddler/Solicitor License Application (2 pages)
Recommended Action
Motion to approve the solicitor's license for Casey Larson on behalf of Edward Jones.
'''"',.
Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City
Council Meeting. Council Meetings are normally held the first and third Tuesday of each month.
PEDDLER/SOLICITOR LICENSE APPLICATION
TO: Golden Valley City Council
7800 Golden Valley Road
Golden Valley, MN 55427
&
Enclose the sum of $ ?O ~ for t (number) peddlers/solicitors as required by City Code
of the City of Golden Valley and have complied with all the requirements of said Code necessary
for obtaining this license.
GdV'-Ctl'd J:'oues -ea~, LA;'5i)~ On heha,l-f2of-
(Business or Individual Name to be Licensed)
I/q~q OISovt (}/lIJa( {fuv Co/~ ~4, 141~ 5S-Cf22-
(Address, including City, State and tip Code)
7~ S-5lf?/--o?OO
(Telephone Number, including Area Code)
NOW, THEREFORE, ~);Y. f.g.~ hereby makes application for the
. PPI~nt Name)
through 6/30/ , subject to the conditions and provisions of said City Code.
MtV
D O~019rl{, (7/)
(Photo 10 Verification)
Fee Paid: $ 5"')." CO
Number. of Persons: ( j
Type of License Requested: :>o/iZr1v~
REQUIRED LICENSE INFORMATION
Applicant (if different from above):
Name ea~~y tarsc-'vl.
Address ~'iTJI . ~'<c.Cf5k en OlyhUtAH" MVl 55"? <-
(Include City, State and Zip Code)
Telephone Number (including area code) (1/z-S1r7-5b.5t:>
Date of Birth (if an individual) o-fJ/er.."J-/It'/?i'r
Business Name of Applicant pl/LC<rcl J:'~ <::,
Address &bkn (~~ ~ )0f2Z-
(Include City, State and Zip Code)
Define Business Par:ft,uf"Sh If
, (Corporation, Proprietorship, Partnership, etc.; State of Incorporation)
Description of goods or services for sale (include prices) or indicate ifsoliciting donations. If more
space is needed, attach additional sheets (be specific): 'Pe,h'fyt-ltrvt-f / .(:rYlqncl'ci I /1''1.e
(H/lcl JucJltt \),.,lA/ti1'J(:e <3erv-tc-e~
NOTE: If the products for sale are changed or modified, you must give the City complete
information regarding such change or modification.
J
If the Peddler or Solicitor is so engaged on behalf of an organization, supply:
Address of Organization
[;~fMA r-rl trMPc,
~ f, I NfA IS , iJ1 C) , , WcCi I df5vu C ('f<) Ickn. 1/Ct ,~ IZ 0 $L/22
(Include City, State and Zip Code)
Telephone Number (Including Area Code)
7~ :;s - 5c/t/ -oClOO
Name of Organization
Define Business _fa rfw r'3 /;t I fJ
(Corporation, Proprietorship, Partnership, etc.; State of Incorporation)
List the names and addresses of EACH person who will be peddling or soliciting on behalf
of said organization in the City, or, in the alternative, the name, address and telephone
number or numbers where a responsible person of said organization will maintain a list of
names and addresses of all persons engaged in peddling or soliciting in the City:
(~~
O~ ~bf/l /;11M(
(.-0 ~pI IIaMar r JI21 VI c;- c;-c/2Z
(If more space is needed, attach additional sheets)
STATE OF IlHffNf..5trr1r )
) ss.
COUNTY OF JtUJ~/tJ )
I, COt5--et/ U 15CI/L
I(Officer/lndividual)
of
Uf/VO lel JoP1(J ~
(Name of Organization)
being first duly sworn, depose and say that all the foregoing information is true to his/her own
knowledge except as to matters therein stated on information and belief, and as to such matters,
he/she believes them to be true.
k
Subscribed and sworn to before me this
_~_o~___~~~~ _
~Signatur~ -- -r
JUDITH A. NALLY
NOTARY PUBLIC. MINNESOTA
My Commission Expires Jan. 31, 2010
Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
June 24,2008
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
June 24, 2008 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair
Sell called the meeting to order at 7 pm.
Those present were Members Kisch, Nelson, Segelbaum, Sell, and Planning Commission
Representative McCarty. Also present were City Planner Joe Hogeboom and Administrative
Assistant Lisa Wittman.
I. Approval of Minutes - May 27,2008
McCarty noted several typographical errors.
MOVED by McCarty, seconded by Segelbaum and motion carried unanimously to approve
the May 27, 2008 minutes with the corrections noted by McCarty.
II. The Petitions are:
400 Dakota Avenue South (08-06-07)
Tim & Cathy Cope, Applicants
Request: Waiver from Section 11.21, Subd. 11(A)(1) Front Yard Setback
Requirements
. 17 ft. off the required 35 ft. to a distance of 18 ft. at its closest
point to the front yard (north) property line.
Purpose: To allow for the construction of a deck on the rear of the home.
Hogeboom referred to a survey of the property and explained that the house was originally
built too close to the front yard property line. He stated that the issue was brought to the
Board of Zoning Appeals and the City Council in 1970 where it was decided that the home
could stay where it was located and continue as a non-conforming use, but there could be
no future expansions to the footprint of the home. He stated that the current owners, Mr. &
Mrs. Cope purchased the home in 1994 and were not aware of the stipulation placed on
the property by the City Council in 1970 until they recently applied for a building permit to
expand their existing deck.
Hogeboom stated that the City Council decided at their May 20,2008 meeting to amend
the language in the pre-existing variance to allow the applicant to apply for a variance only
for this proposed deck expansion. The pre-existing variance was amended to read: "At no
time shall there be any further expansion of the residential structure at 400 Dakota Avenue
South covered by Building Permit #9036, except that said residential structure may be
expanded to the rear side of the house and the house may be repaired, rebuilt or
remodeled so long as there is no expansion to exterior dimensions."
Minutes of the Golden Valley Board of Zoning Appeals
June 24, 2008
Page 2
Hogeboom stated that staff is recommending approval of this variance request because
the applicants are restricted to building only in the back yard, it is a very unique lot and it
will not have an adverse affect on any neighboring properties.
Segelbaum clarified that the Board is considering a front yard variance even though the
applicant's are not proposing to expand toward the front of their house. The City Attorney
has recommended that a condition of approval be placed on this request only to allow this
proposal. Hogeboom said yes and reiterated that this variance request only pertains to this
proposed expansion of the deck and any other proposals in the future would have to come
before the Board again.
Kisch asked if the Board could still consider the house to be non-conforming or deny the
front yard setback variance request but still somehow allow the applicants to build the
proposed deck in the rear yard. Hogeboom stated that the Board can not say that a use is
legally non-conforming. They can only approve or deny variance requests. He explained
that if the Board were to deny this variance request the applicants could appeal that
decision to the City Council. He added that the City Council has indicated that they are in
support of this proposal.
McCarty questioned if the Board were to approve this variance request why the applicants
couldn't build any type of conforming structure in rear yard in the future. Hogeboom stated
that the City Attorney has suggested only allowing this particular proposal because the
City doesn't know what a homeowner might want to build in the future.
Nelson stated that the City Attorney and City Staff have reviewed this proposal and taking
their advice makes sense.
Cathy Cope, Applicant, stated that this variance issue has been going on since March.
She said she bought a hot tub and has talked to a contractor about building a 10ft. x 10ft.
deck expansion onto the exiting deck to accommodate the hot tub. She stated that she
has no plans for any expansion to the front of the home.
Segelbaum questioned if the Board should allow for larger deck dimensions so the
applicant wouldn't have to come back if they discover they need a slightly larger deck to
accommodate the hot tub. Hogeboom suggested that if the Board approves the variance
not to mention deck dimensions so the applicant would have some room to work with.
Nelson noted that any size deck would still have to be built within the setback areas.
Sell asked if the hot tub is going to be located on the lower level. Cope said no. It will be
built on the upper level of the deck but it will be partially lowered. She noted that if the
house were builtin the correct location to begin with, she wouldn't need a variance to build
her proposed deck.
Sell opened the public hearing. Seeing and hearing no one wishing to comment, Sell
closed the public hearing.
Minutes of the Golden Valley Board of Zoning Appeals
June 24, 2008
Page 3
McCarty said this is a tough decision because the intent back in 1970 is clear. He said he
doesn't see any problems with granting a variance for this proposal or denying it and
having the City Council decide. He said it seems silly that the applicants have to come
before the Board of Zoning Appeals because of a mistake made over 30 years ago.
Segelbaum questioned if there is a way that people could be made aware of these types
of issues before purchasing a home. Sell stated that is why he recommends people have
title insurance or an attorney with them at their closing. He stated that this house has been
here for many years and there are so many trees on this property that it would be hard to
even see the deck being proposed. He said a lot of people were involved in the original
1970's decision and it is hard to overturn all of their work. He explained that front yards are
sacred in Golden Valley so it is a big deal to approve front yard variance requests.
Kisch said he is unsure if it would be best to approve this variance or have the applicant
go back to the City Council to make the house legally non-conforming so any future
additions won't have to go through this process.
Nelson stated that the City Attorney and the City Council have recommended that the
Board approve this request. Segelbaum stated that given the fact that the Board knows
how staff and the City Council feel makes him be in favor of granting the variance request.
Sell agreed and said he would rather see an up or down vote than sending the item back
to the City Council.
Kisch questioned what type of language would confine expansion only to the rear of the
home, not to the sides or front. Sell suggested language allowing the hot tub to be built
within the confines of said deck.
McCarty said he would be in support of granting the variance as it is worded in the staff
report.
Segelbaum questioned if the rear of the house means straight back from the plane of the
sides of the house or if it means straight back from the plane of the sides of the house
outward and toward the side property lines. McCarty said he thinks that it would mean the
plane of the sides of the house straight back toward the rear property line, not out toward
the side property lines.
Segelbaum said he is concerned about building in the side yards and that the language for
"rear yard" is too ambiguous. He said he would be more comfortable with language stating
that construction can take place behind the house as it exits today.
McCarty asked if there is any possibility of this property being subdivided. Hogeboom said
that the applicant has not indicated that they plan to subdivide the property but the
property could potentially be subdivided if the existing house was removed.
Nelson asked if the language proposed in the staff report would be clearer if the word
"side" was taken out. Segelbaum said the words "directly behind the rear wall of the
existing house" are clearer.
Minutes of the Golden Valley Board of Zoning Appeals
June 24, 2008
Page 4
McCarty asked if the Board is approving a variance based on what was submitted to them
from the City Council and staff or if they are approving a variance for the proposed deck or
for any type of structure in the rear yard. Hogeboom clarified that the language submitted
to the Board from the City Council and staff only gave the applicant the right to come to
the Board of Zoning Appeals but the Board is deciding on whether or not to approve a
variance to construct this specific deck.
MOVED by Segelbaum, seconded by Kisch and motion carried unanimously to approve
the following variance request:
. 17 ft. off the required 35 ft. to a distance of 18 ft. at its closest point to the front yard
(north) property line to allow for the construction of a deck on the rear of the home.
The deck must be located behind the rear walls of the house and within the confines
of the existing structure.
1845 Hampshire Lane (08-06-08)
David & Mariorie Gardeen, Applicants
Request: Waiver from Section 11.21, Subd. 11(A)(3)(a) Side Yard Setback
Requirements
. 7.66 ft. off the required 15 ft. to a distance of 7.34 ft. at its closest
point to the side yard (east) property line.
Purpose: To allow for the construction of a deck on the rear of the home.
Hogeboom referred to a survey of the property. He stated that the applicants are in the
process of remodeling their home. They are proposing to build a deck on the rear of the
house that would be in line with the side plane of the house. He noted that the way the
house was placed on the lot limits how the homeowners can expand.
Jeremiah Battles, Acacia Architects, architect for the project, stated that the applicants
recently purchased this home and they want to build a screen porch on the back corner of
their home. He stated that when the survey was done they realized that the back corner of
the house is already in the side yard setback area. He noted that the proposed new deck
would not encroach any further into the side yard setback area than the existing home
already does. He showed the Board pictures of the neighboring homes that have the same
sort of porch and deck that they are proposing.
Sell referred to the survey and asked if the applicants are proposing to build the deck
around an existing tree. Battles stated that the tree Sell is referring to may have to be
removed because it is close to the foundation.
Minutes of the Golden Valley Board of Zoning Appeals
June 24,2008
Page 5
Sell asked the applicant how long they have owned this home. David Gardeen, Applicant,
stated that they closed on the house on May 1 and they are currently renting another
home in Golden Valley while this house is being remodeled.
McCarty said he thinks the proposal is a good idea but there are other ways to build a
deck without requiring a variance.
Segelbaum referred to the site plan and asked Battles to comment on the proposed deck
adjacent to the "porch deck". Battles stated that initially they were going to build one large
deck off of the screen porch but the house has an odd configuration and elevation and
there is a side door leading no where.
Sell asked when the house was built. Battles said the house was built in 1956. Marjorie
Gardeen, Applicant, stated that both neighbors are ok with the proposal.
Segelbaum asked the architect if he had considered having the edge of the porch deck
end right at the 15-foot setback line. Battles stated that the porch deck wouldn't fit within
the setback area because there would be a safety hazard. He explained that the porch
deck is more of a landing or transition to the main deck.
Hogeboom referred to a presentation given to the Board of Zoning Appeals a few months
prior and reminded the Board that there are three things to consider when granting a
variance. The firstis the reasonable use of the property, the second is if there are unique
circumstances with the property and the third is the impact to the surrounding
neighborhood. Kisch said that given those things, he would support this proposal.
Segelbaum stated that the lack of a deck is not a hardship. However the homeowners did
not create the current situation so the situation is unique to these homeowners. He said it
is a matter of the impact to the surrounding neighbors and he does not think this proposal
has a negative impact to the surrounding neighbors so he is in favor of the proposal.
Nelson said she thinks the proposal would add value and aesthetically improve this home.
Sell said that since the proposed deck is keeping in line with the side of the house and
does not encroach any closer to the side yard property line he is also in favor of the
proposal.
MOVED by Kisch, seconded by Nelson and motion carried unanimously to approve the
following variance request:
. 7.66 ft. off the required 15 ft. to a distance of 7.34 ft. at its closest point to the side
yard (east) property line to allow for the construction of a deck on the rear of the
home.
Minutes of the Golden Valley Board of Zoning Appeals
June 24, 2008
Page 6
2310 Byrd Avenue North (08-06-09)
Beau Farrell, Applicant
Request: Waiver from Section 11.21, Subd. 11 (A)(1) Front Yard Setback
Requirements
. 16 ft. off the required 35 ft. to a distance of 19 ft. at its closest
point to the front yard (west) property line.
Purpose: To allow for the construction of a deck on the side of the home
Hogeboom referred to a survey of the property and noted the area in which the applicant
would like to construct a deck. He stated that the proposed deck would be located on the
side of the home but in a front yard setback area. He stated that one of the hardships
noted by the applicant is that there is no other way to expand this house due to the
placement of the house on the lot.
Segelbaum referred to the survey and asked about the distance from the house to the
property line along Byrd Avenue. Beau Farrell stated that there is a deck on the front of
the house and it is located approximately 35 feet from the property line along Byrd
Avenue.
Kisch noted that all of the houses along McNair Drive line up with each other and if this
proposed deck is allowed it may stick out further toward McNair than the other houses.
Farrell explained that the main reason he wants to build the proposed deck is for aesthetic
and safety reasons because there is a sliding glass door on that side of his house that
leads to no where.
Sell asked how far off of the ground the proposed deck would be. Farrell said the deck
would vary from approximately 1 to 3 feet in height. He added that during his research he
discovered that his house used to have a McNair address but he is not sure why it was
built so close to the north property line.
Sell asked when the house was built. Farrell said the house was built in 1949.
McCarty asked if there was a deck on the rear of the house. Farrell said yes and pointed
out the location on the survey.
Sell asked the applicant how long he has owned the property. Farrell said he has owned
the property since 2004.
McCarty asked if the existing deck in the back yard is useable. Farrell said it is useable but
he wants to build the proposed new deck because he has the sliding glass door that goes
no where.
Minutes of the Golden Valley Board of Zoning Appeals
June 24, 2008
Page 7
Kisch asked which room in the house has the sliding glass door in it. Farrell said the
sliding glass door is in the living/dining room area.
Kisch asked if the proposed 16 ft. x 14 ft. deck size is relative to the function of the deck or
if it could be made smaller. Farrell said the proposed deck could be smaller but without a
variance it could only be five feet in depth.
McCarty asked the applicant if he has considered building the deck from the sliding glass
door side of the house and then wrapping it around toward the front of the house toward
Byrd Avenue where there is more space. Ferrell stated that there is a tree in that location.
McCarty asked the applicant if he is planning on replacing the deck on the front of the
house. Farrell said he will probably need to replace it in a year or two.
Segelbaum stated that putting the deck in the southwest corner of the house as McCarty
suggested would only require approximately a 2-foot variance and asked Farrell if that
would interest him. He added that the Board seems hesitant to grant such a large front
yard variance request.
Farrell stated that the gas meter is also located at the southwest corner of the house and
with the way the topography of the land is laid out it makes more sense for him to build the
deck as he has proposed it. Sell noted that the applicant could have the gas meter
relocated.
Segelbaum suggested that the Board table the request to allow the applicant to come
back with a different proposal.
Farrell questioned the Board's reasons to deny his request.
Kisch stated that allowing this proposed deck would break the line up of all the houses and
change the site pattern along McNair. He added that the applicant could replace the
sliding glass doors with windows and that would solve any safety issues.
Sell agreed that the houses all line up along McNair and that this proposed deck would
stick out comparatively.
Farrell questioned why front yards are so sacred and said he thinks the City would want
properties to be upgraded. Segelbaum explained that there is a lot of precedent set
regarding front yard setbacks and that the Board has to look hardships when approving
variances. He added that this request is for a deck to be located in almost 50% of the front
setback area and he doesn't really see a unique circumstance in this case. He again
suggested that that applicant table his request and come back with an alternate design
that would require a lesser variance.
McCarty stated that another option would be to install steps off of the sliding glass doors
and build a patio instead of a deck.
Minutes of the Golden Valley Board of Zoning Appeals
June 24, 2008
Page 8
Farrell agreed that it would be best to table his request at this point in order to try to come
up with an alternative that may not require any variances at all. Sell stated that the
applicant can table his request until the September 2008 Board of Zoning Appeals
meeting.
III. Other Business
Sell reminded the Board Members of the Board/Commission appreciation dinner on
June 25 at Brookview.
IV. Adjournment
The meeting was adjourned at 8:45 pm.
Mike Sell, Chair
Joe Hogeboom, Staff Liaison
Golden Valley Human Services Foundation (GVHSF) Meeting Minutes
June 9, 2008
Present: Daniel Blumb, Shannon Breimhurst, Hilmer Erickson, Chris Monroe, Diane
Nimmer, Connie Sandler, and Toots Vodovoz. Also present Jeanne Fackler, Staff Liaison.
Not Present: Elissa Heilicher, Teri Holgate, Bob Hoyt, Gloria Johnson and Steve
Schumacher.
Call to Order: Chairperson Blumb called the meeting to order at 6:40 p.m.
May 12 minutes: Erickson moved and Vodovoz seconded the motion to approve the
minutes of May 12. The motion passed unanimously.
Golf Tournament: Fackler reported on the meeting with Kris Tovson. Sponsor contribution
levels were discussed. Corporate members can send eight golfers and Golf Hole Sponsors
can send four golfers to the tournament as part of their contribution. Sponsors will be
recognized on all advertising if commitment is received by deadline date.
The list of 2007 sponsors was distributed. Commission members will be contacting
companies for prize donations. Fackler will send the corporate sponsor letter out this week.
Heilicher has volunteered to chair the food portion of the tournament.
New Business:
Taste of Golden Valley: Monroe reported that the committee met. Commission members
are encouraged to send restaurant suggestions to Monroe at cdmonroe@aol.com Monroe
will compile a list of restaurants to contact. Members will ask if they can appear at other
commission meetings to encourage attendance at the event and sell tickets.
Discussion on the "opportunity drawing" part of the evening. Members felt it would be best
to have a silent auction with some baskets for raffle. Fackler will check with the State and
County on the regulations for raffles/silent auctions. It was suggested to contact the Rotary
as possible sponsoring that part of the evening.
Sponsorship packet/brochure: Breimhurst and Nimmer will work on a sponsorship
brochure for the 2009 events to present to area businesses.
Old Business:
By-laws review: Second reading on the proposed change in Article II, Section 3:
"Attendance is required at all meetings. Unexcused absence from three meetings per
calendar year could result in removal from the Foundation. Nimmer moved to accept the
proposed change in the Article 11, Section 3 and send it to the Council for approval.
Breimhurst seconded the motion. Motion passed unanimously.
Adjournment: Sandler moved to adjourn the meeting, Nimmer seconded the motion. The
meeting was adjourned at 7:45 p.m.
Respectfully submitted,
Jeanne Fackler
GVHSF Staff Liaison
GOLDEN VALLEY ENVIRONMENTAL COMMISSION
Regular Meeting
Minutes
June 23, 2008
Present: Commissioners Anderson, Chand lee, Hill, Pawluk and St. Clair. Also present
were Jeannine Glancy, Public Works Director; AI Lundstrom, Environmental
Coordinator; and Lisa Nesbitt, Administrative Assistant.
Absent: Commissioner Baker
1. Call to Order
Pawluk called the meeting to order at 7:31 pm.
2. Approval of Meeting Minutes - April 28. 2008
MOVED by St. Clair, seconded by Chandlee, and the motion carried unanimously to
approve the minutes of the March 24, 2008 meeting as amended to reflect a change to the
subject title in #3 to read "Commission Member Terms".
3. 2008 Work Plan Developments
Commission discussed ways to gather baseline data for future benchmarking. An overall
plan needs to be formulated in response to the information presented by J. Drake Hamilton,
before data can be gathered. In the meantime, articles can be written for the city newsletter
as a means of education.
4. Linden Hills Recycling
Discussed Star Tribune article regarding recycling efforts in Linden Hills.
5. Proaram/Project Updates
TMDL - Reports indicate the spring rains have helped with data collection.
1/1- Over 70% of residents in the 2008 PMP area have had inspections. In Areas 1
& 2 approximately 50% of the residents that had inspections have signed contract to
have the repairs done in the right-of-way. A change to the ordinance, allowing
private contractors to do the televised inspection, is before Council. Staff will bring
an update to the next meeting.
Private Development Updates - A public hearing is being conducted for the
subdivision proposal in North Tyrol Hills.
Xenia Ridge - they are advertising for tenants however there are no firm
development plans yet.
West End - The retail portion is underway. The builder has indicated parking ramps
are necessary and would like to re-open discussion with the City.
Sweeny Branch Bank Stabilization Project - The project is completed.
Recycling Collection Options - A comparison of St. Louis Park's and Golden
ValleylMinnetonka's contracts was reviewed. Plymouth has narrowed their search to
two companies. If they do not go with Waste Management, the days of collection in
Golden Valley may change.
Minutes of the Environmental Commission
June 23, 2008
Page 2 of 2
7. Commission Member Council Reports
None.
8. Other Business
None
9. Adiourn
MOVED by St. Clair, seconded by Hill, and the motion carried to adjourn.
The meeting was adjourned at 8:28 pm. The next scheduled meeting will be on July 28,
2008 at 7:00 pm.
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OPEN SPACE & RECREATION COMMISSION
Meeting Minutes
Golden Valley City Hall
Monday, June 23, 2008 - 6:00 p.m.
I. Joint Meeting with City Council, Planning, Environmental and Open Space and
Recreation Commissions
II. Call to Order of the Open Space and Recreation Commission
Sandler called the meeting to order at 7:30 p.m.
III. Roll Call
Present: Roger Bergman, Ken Graves, Jim Johnson, Kelly Kuebelbeck, Bob
Mattison, Roger McConico, Anne Saffert, Jerry Sandler, Rick Jacobson,
Director of Parks and Recreation; and Sheila Van Sloun, Park and
Recreation Administrative Assistant.
Absent:
Jim Vaughan.
IV. Agenda Changes or Additions
No changes or additions made.
V. Approval of Minutes - April 28, 2008
MOTION: Moved by Mattison and seconded by Bergman to approve the April
28th meeting minutes. Motion carried unanimously.
VI. Park System Plan Overview
The Commission went through the Park System Plan and made appropriate
changes that will be reflected in a future version.
VII. Old Business
A. Regional Trail
Jacobson explained that bids were opened the week of June 23rd for Phase II
(Douglas Drive to Theodore Wirth Parkway). Three Rivers Park District Board
of Commissioners will award the bids in July with construction to begin late-
July or early August.
B. Brookview Performance Area
Jacobson explained that representatives from the Golden Valley Federated
Women's Club and the Golden Valley Community Events Fund, met with a
professional fund raiser last week to discuss raising funds for the project.
VIII. Adjournment
MOTION: Moved by Mattison and seconded by McConico to adjourn at 8:35 p.m.
Motion carried unanimously.
Envision Connection Project
Board of Directors Meeting Minutes
June 19, 2008
Present: Jim Heidelberg, Helene Johnson, Linda Loomis, Philip Lund, Marshall Tanick
and Blair Tremere
Absent: Sharon Glover, Dean Penk, Luke Weisberg (GVCEF Representative)
Staff: Jeanne Andre
The meeting began at 7: 17 pm in the Council Conference Room.
Approval of Minutes
TremerelTanick moved to approve the minutes of May 12, 2008, as presented. Motion
carried.
Golden Valley Connects Outreach
Concert in the Park MC coordination - Marshall Tanick reported on the American
Legion presentation at the June 9 concert and the upcoming VFW presentation at the
June 30 concert. Chair Loomis and Jeanne Andre reported on City Council discussion
on using the Concert in the Park series for community engagement activities. The
Council did not want to adopt a formal program and application as discussed at the last
Connection Project meeting, but supported the Connection Project Board managing a
low-key approach to involving Golden Valley non-profits in promoting their mission and
activities at the concerts. The Board discussed the Mom's Club request to sell its
cookbook (benefiting the Minneapolis Crisis Nursery in Golden Valley) at the concerts.
The Board decided it should develop a policy regarding non-profit groups participating in
the Concerts in the Park, but that there is not time to create the policy this year. It was
decided that the Mom's Club could sell cookbooks as a pilot project at the Ice Cream
Social and they should be asked to help with the Social, perhaps with distributing
posters. The Federated Women's club could be asked to sell mugs and t-shirts.
Ice Cream Social- Blair Tremere and Marshall Tanick asked for donations to help
offset the cost of the Ice Cream Social at a recent Chamber of Commerce event. They
will make some follow-up calls and try to firm up donations in the next week so that the
sponsors can be included on the posters.
Speaker's Bureau - Philip Lund has been working on other priorities at this time and
will present his comments at a future meeting. Chair Loomis reviewed the PowerPoint
presentation she developed about Envision and the Connection Project for the recent
League of Minnesota Cities conference.
Golden Valley Days Booth - Philip Lund reported that there were 13 tents and 16
participating organizations and he recommends that even more could be added next
year. Members concurred that there was more activity around the booths and particular
interest in the Lilac Planting event. The arrangement of the tents put Envision front and
center. Chair Loomis noted that the YMCA expressed interest in continued involvement
next year. She is not sure if PRISM would seek further involvement. She suggested that
the Golden Valley Foundation could promote its events and seek volunteers if it had a
booth. Other agencies that might want to get involved are the Boy Scouts, Helping
Paws and the Humane Society.
Envision Connection Project
Board of Directors Meeting Minutes
June 19, 2008 - Page 2
Bridge Building Activities
Quarterly Meetina - The event is set for Saturday, July 19, from 10 am to noon at the
Eloise Butler Wildflower Garden. Chair Loomis has assured that the garden is open and
available, but has not heard back regarding a request for a guided tour. The group
would like to encourage Bridge Builders to get involved with the Ice Cream Social and
lilac planting. Marshall Tanick and Blair Tremere will call Bridge Builders to remind them
of the meeting and ask for their help with the Ice Cream Social.
Fundraisina to support Bridae Buildina Activities - A letter discussed at the last
meeting was sent to the Golden Valley Community Events Fund (GVCEF). Philip Lund
noted that the group met to evaluate the Festival, but has taken a break before meeting
to discuss planning for 2009.
Bridae Builder Grants - Dean Penk arranged a subcommittee meeting that was
attended by Blair Tremere. Dean has pulled together information from other jurisdictions
and will present a draft specific to Golden Valley.
Lilac Plantina - Chair Loomis, Blair Tremere and Jeanne Andre gave an update on the
Bridge Builder Lilac Planting project. Jeanne showed the plan prepared by MnDOT and
distributed an overview of the proposed arrangements. September 20 has been
selected as the planting date. The group expressed interest in having the Bridge
Builders help with a celebration at the Brookview small picnic shelter to celebrate the
completion of the planting.
Community Awards
Jeanne Andre brainstormed at with the Communications staff on possible names. As
the meeting was running late the group decided to postpone further discussion until the
next meeting.
Future Meetings
The next meeting is July 17.
The meeting ended at 9 pm.
Jeanne Andre
Assistant City Manager
Joint Meeting of the
Golden Valley Environmental Commission, Planning Commission, Open Space
and Recreation Commission, and City Council
June 23, 2008
A joint meeting of the Environmental Commission, Planning Commission, Open Space
and Recreation Commission and City Council was held at the Golden Valley City Hall,
Council Conference Room, 7800 Golden Valley Road, Golden Valley, Minnesota, on
Monday, June 23, 2008. Environmental Coordinator AI Lundstrom called the meeting to
order at 6 pm.
Those present were, Environmental Commissioners, Anderson, Baker, Chand lee, Hill,
Pawluk and St. Clair; Planning Commissioners Cera, Eck, Kluchka, McCarty, Schmidgall
and Waldhauser; Open Space and Recreation Commissioners Bergman, Graves,
Johnson, Kuebelbeck, Mattison, McConico, Saffert, and Sandler; City Council Members
Loomis, Scanlon and Freiberg. Also present was City Manager Tom Burt, Director of
Parks & Recreation Rick Jacobson, Director of Planning and Development Mark Grimes,
Director of Public Works Jeannine Clancy, Environmental Coordinator AI Lundstrom,
Planner Joe Hogeboom and Administrative Assistant Lisa Nesbitt
1. Presentation by J. Drake Hamilton of Fresh Energy
Pawluk introduced Hamilton. Her presentation included the history of global warming and
its current effects on the environmental. Her full presentation is on file.
2. Adjournment
The meeting was adjourned at 7:30 pm.
Hey
Me orand m
Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 6, 2008
Agenda Item
3. E. 1. Award Bid for Street and Utility Maintenance Department 2008 Roof Replacement
Project
Prepared By
Jeannine Clancy, Director of Public Works
Ron Nims, Public Works Project Coordinator
Summary
The 2008-2012 Capital Improvement Program includes $250,000 for roof replacement of the
Street Maintenance building (page 56) and $225,000 for the Utility Maintenance building
(page 134). The following six bids were received by the City for the roof work:
McPhillips Bros. Roofing Co.
Central Roofing Co.
B&B Sheet Metal and Roofing, Inc.
Ettel & Franz Roofing Co.
John A Dalson & Sons, Inc.
Stock Roofing, LLC
$ 348,000.00
$ 398,809.00
$ 422,858.00
$ 476,283.00
$ 488,811.00
$ 492,630.00
Recommended Action
Motion to award a contract in the amount of $348,000.00 to McPhillips Bros. Roofing Co. for
the Street and Utility Maintenance Department 2008 Roof Replacement project.
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Mern ran urn
Finance
763-593-8013 I 763-593-3969 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 6, 2008
Agenda Item
3. F. Approval of Appointment of Election Judges for State Primary Election
Prepared By
Sue Virnig, Finance Director
Edie Ernst, Accounts Receivable/Elections Assistant
Summary
As required in State Statute 2048.21, the Council needs to approve the appointment of the
Election Judges for the upcoming Primary Election. Attached is the list of judges and the
precincts they will be working at on election day.
Attachments
Resolution Approving the Appointment of Election Judges for the State Primary Election to be
Held on September 9,2008 (3 pages)
Recommended Action
Motion to adopt the Resolution Approving the Appointment of Election Judges for the State
Primary Election to be Held on September 9,2008.
Resolution 08-32
August 6,2008
Member introduced the following resolution and moved its adoption:
RESOLUTION APPROVING THE APPOINTMENT OF ELECTION JUDGES
FOR THE STATE PRIMARY ELECTION TO BE HELD ON SEPTEMBER 9,2008
BE IT RESOLVED, by the City Council of the City of Golden Valley, that the persons
herein named are appointed judges and alternates for the State Primary Election to be held
on September 9, 2008. The judges appointed, precinct and voting places wherein they
shall serve and the hours are as follows: Polls shall be open from 7:00 a.m. until 8:00 p.m.
Election judges shall work from 6:00 a.m. until votes are counted.
2008 STATE PRIMARY ELECTION JUDGES
Precinct #1 - N. E. Fire Station - 3700 Golden Vallev Road
Marie Tiffin, Captain
Andra Barnard
Roger Bergman
Karen Haan
Donovan Juliar
Janet Olfe
Precinct #2 - Valley Presbyterian Church - 3100 North Lilac Drive
Janice Johnson, Captain
Sheila Coy
Betty Hill
Christy Lueck
Sally Netzinger
Peter Palmquist
Theodore Rausch
Yvonne Rausch
Lois Richter
Patricia Tomko
Ruby Van Horn
Jacqueline Wells
Precinct #3 - Meadowbrook School - 5430 Glenwood Avenue
Joan Colwell, Co-Captain
Cynthia Hasselbusch, Co-Captain
Mary Anderson
Gary Cohen
James Dommel
Shirley Obern
Marie Rossman
Betty Vaughn
Resolution 08-32 - Continued
August 6, 2008
Precinct #4 - LOGIS - 5750 Duluth Street
Barbra Juliar, Captain
Rusty Cowan
Arlene Dietz
Teresa George
Lucille Keltgen
Tom Moore
Margaret Nelson
Gerald Savage
Precinct #5 - S.E. Fire Station - 400 Turners Crossroad South
Elizabeth Kamman, Captain
Eleanor Blatt
LouAnn Bongard
John Livingston
Joan Monson
Dean Smith
Sylvia Thompson
Precinct #6 - Golden Vallev City Hall - 7800 Golden Valley Road
Pat Moore, Captain
Barbara Courey
Therese Fox
Mary Ann Gavigan
Dwayne King
Carol McKillips
Bruce Osvold
Delphine Sunderland
Precinct #7 - Christian Life Center - 8025 Medicine Lake Road
Gwendolyn Jorgens, Captain
Tracy Anderson
Don Coy
Constance Hietala
Maria Johnson
Dianne Osvold
Lois Palmquist
Janet Plager
Glennys Sell
Barbara Tollefson
Resolution 08-32 - Continued
August 6,2008
Precinct #8 - Brookview Community Center - 200 Brookview Parkway
Shirley Jones, Captain
Robert Brevig
Pierre Girard
Suzanne Herberg
Jerome Monson
Mike Sell
Phillip Tenenbaum
Inez Weist
Alternates
Mary Lou Adams
Nancy Cooper
Norma Fox
Judith Hoover
Carol Hunt
Nancy Ipsen
Kenneth Jensen
Roberta Legatt
Mary Magnuson
Sally Manzano
Cindy Moy
James Murphy
Mikki Murray
Helen Peterson
Dennis RaDue
Alvena Roth
Betty Scott
Linda R. Loomis, Mayor
ATTEST:
Susan M. Virnig, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
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M m rand m
Planning
763-593-8095/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 6, 2008
Agenda Item
3. G. Authorization to Sign Amended Subdivision Development Agreement - Vogel Second
Addition
Prepared By
Mark Grimes, Director of Planning and Development
Summary
At the July 8,2008 Council/Manager meeting, the Council directed staff to amend the
Subdivision Agreement for the Vogel Second Addition. The amendment extends the terms of
the Subdivision Agreement only in respect to Lot 2, Block 1, Vogel Second Addition for an
additional two years or until August 2, 2010. The amendment to the Subdivision agreement
also requires that the Developer shall record the amendment within 14 days of execution and
show proof of recording to the City.
Attachments
Original Subdivision Development Agreement - Vogel Addition, signed and approved by City
Council on May 1,2007 (11 pages)
Proposed Amendment to Subdivision Agreement - Vogel Second Addition (fka Vogel
Addition) (3 pages)
Recommended Action
Motion to authorize the Mayor and City Manager sign the Amendment to Subdivision
Development Agreement - Vogel Second Addition (fka Vogel Addition) on behalf of the City.
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:
a.
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 to
accommodate drainage, ponding, trails, underpasses, conservation areas,
streets and utilities.
The existing garage located on t.he sU~b'ect proRerty shall.... be relocated to a
conforming location by June 1, 2007. I,. g,; ~ ~/<t
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.
b.
c.
d.
e.
f.
g.
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.
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 by 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 orin 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 of the
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 8, 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 soH 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. PlantinQ and SeedinQ. 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 inspect the 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 restore 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 of the
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. Responsibility 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 beset 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, materialmen
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 of the 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 a waiver
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
rig ht, 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: ~~ "Je~~
Its Mayor
By: ~fi1-
DEVELOPER
By: ~---J
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.
000090/480568/565680_1
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4736 GLENWOOO AI>!".
GOLOt:N VALLEY. MN 55422
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The west 753.00 feet of the east
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19, Township 29, Rang<l 24,
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6/9/06
06-106
AMENDMENT TO
SUBDIVISION DEVELOPMENT AGREEMENT
Vogel Second Addition
(fka Vogel Addition)
This AMENDMENT, dated this 6th day of August, 2008, to the Subdivision
Development Agreement for Vogel Addition, dated May 1, 2007, is 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 . The Developer has asked the City to extend the terms of the above referenced
Subdivision Development Agreement.
2. The City is willing to extend the terms only with respect to Lot 2, Block 1, Vogel
Second Addition.
3. The Subdivision Development Agreement for the Vogel Addition, dated May 1,
2007, is hereby amended by extending for an additional two years, for a total of
four years from August 2, 2006, only with respect to Lot 2, Block 1, Vogel Second
Addition, the provision in paragraph number 3 thereof that no amendments to the
City's Comprehensive Plan, or official controls shall apply to affect the use,
development, density, lot size, lot layout, or dedications of the approved plat
unless required by state or federal law or agreed to in writing by the City and
Developer.
4. The City and Developer hereby ratify all terms and conditions contained in the
attached Subdivision Development Agreement, Vogel Addition, dated May 1,
2007 by and between the City and Developer.
5. This Amendment shall be recorded by Developer within fourteen (14) days of its
execution and proof of recording thereof shall be provided to the City Planning
Department within seven (7) days thereafter.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year
first above written.
CITY OF GOLDEN VALLEY
By:
Linda R. Loomis, Its Mayor
By:
Thomas D. Burt, Its City Manager
DEVELOPER
By:
Benjamin D. Vogel
By:
Barbara E. Busick
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this 6th day of August,
2008, by Linda R. Loomis, Mayor, and Thomas D. Burt, City Manager, of the City of
Golden Valley, a Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of August,
2008, by Benjamin D. Vogel and Barbara E. Busick.
Notary Public
Drafted by:
Best & Flanagan, LLP (ADB)
225 South 6th Street
Suite 4000
Minneapolis, MN 55402
000090/260005/973352_1
Public ~U~Y
M mo ndum
Police Department
763-593-8079 I 763-593-8098 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 6,2008
Agenda Item
3. H. Authorization to Sign Joint Powers Agreement with City of St. Paul for Public Safety
Support for 2008 Republican National Convention
Prepared By
Mike Meehan, Operations Commander
Summary
The Police Department requests approval of the Joint Powers Agreement with the City of St.
Paul. The City of St. Paul will be the host city for the Republican National Convention (RNC)
which will be held between September 1 and September 4, 2008.
The Joint Powers Agreement would allow licensed Golden Valley Police Officers to work
under the St. Paul Police Department in a unified law enforcement command structure for
security and public safety related to the 2008 RNC.
Upon approval of the Joint Powers Agreement, Golden Valley Police would send two officers
for twelve hour shifts for each of the four days of the convention. The Golden Valley Police
Department anticipates a full and complete reimbursement of the expenses associated with
assisting the City of St. Paul with security surrounding the Convention.
The City of St. Paul has secured $10 million in law enforcement liability coverage to assist
with liability issues arising from police involvement with the Republican National Convention.
In addition, the League on Minnesota Cities has assured members that existing liability
coverage will respond to claims from the Convention.
Attachment
Joint Powers Agreement Regarding Public Safety Related to the 2008 Republican National
Convention (16 pages)
Recommended Action
Motion to authorize the Mayor and City Manager sign the Joint Powers Agreement Regarding
Public Safety Related to the 2008 Republican National Convention.
JOINT POWERS AGREEMENT REGARDING PUBLIC SAFETY
RELATED TO 2008 REPUBLICAN NATIONAL CONVENTION
THIS JOINT POWERS AGREEMENT REGARDING PUBLIC SAFETY
RELATED TO 2008 REPUBLICAN NATIONAL CONVENTION (hereinafter referred to as
the "Agreement"), is made effective, except as otherwise made operationally effective as set
forth in Section 4 herein, on this _ day of _, 2008, by and between the CITY OF SAINT
PAUL, MINNESOTA, a municipal corporation, (hereinafter referred to as the "City"), acting
through its Police Department (hereinafter referred to as the "SPPD") and , a
[insert name of city/county/state and type of entity and state where authorized to operate] acting
through its [insert name of law enforcement organization of city/county/state if different from
entity with authority to contract](hereinafter referred to as the "Provider").
WHEREAS, the City is a host city for the 2008 National Republican Convention to be held
between September 1, 2008 and September 4, 2008 (hereinafter referred to as the "2008 RNC");
and
WHEREAS, the City has entered into a "City Service Agreement For The 2008 Republican
National Convention" with the Minneapolis Saint Paul 2008 Host Committee, Inc., a Minnesota
non-profit corporation (hereinafter referred to as the "Host Committee"), whereby the City has
agreed to undertake certain public safety and security measures related to the 2008 RNC within
the boundaries of the City of Saint Paul, Minnesota, and all other special event venues related to
the 2008 RNC, and to act as the lead local law enforcement agency to help facilitate the
provision of such measures in other locations throughout the greater Saint Paul-Minneapolis
metropolitan area to which the RRT (as defined herein) may be deployed, or such other locations
that may be subject to a Unified Command (as defined herein) (hereinafter such above-described
locations shall be collectively referred to as the "Security Event");
WHEREAS, the City is in need of procuring additional law enforcement personnel to provide
the public safety and security measures required of an event the size and unique nature of the
2008 RNC; and
WHEREAS, the finsert name of Provider's law enforcement organization] provides law
enforcement services to the Provider pursuant to the police powers and law enforcement
authority granted under the laws of the State of [ ]; and
WHEREAS, at the request of the City, the Provider is willing to provide the services of the law
enforcement personnel identified in this Agreement to the City to assist the SPPD with the
Security Event; and
WHEREAS, the Provider may also avail itself of a rapid response team (herein referred to as the
"RRT"), comprised of licensed peace officers employed by the SPPD and certain other law
enforcement organizations, that will be established for the sole and exclusive purpose of
providing public safety-related aid and assistance to law enforcement organizations throughout
the greater Saint Paul-Minneapolis metropolitan area that have entered into an agreement with
the City, similar to this Agreement, provided that such aid and assistance is actually and directly
related to the 2008 RNC, and only if such aid and assistance is warranted by extraordinary
circumstances, all as more fully set forth in Section 3.6 herein.
NOW THEREFORE, pursuant to the authority contained in Minnesota Statutes Section 471.59,
commonly known as the Joint Powers Act, and/or Minnesota Statutes, Sections 626.76 and
626.77, and in consideration of the mutual covenants herein contained and the benefits that each
party hereto shall derive hereby, the Parties agree as follows:
1 PURPOSE OF THE AGREEMENT; BASIC CRITERIA OF LPOs AND NON-
LPOS
1.1 The purpose of this Agreement is to set forth the terms and conditions whereby the
Provider will provide the City with the professional services of those certain licensed
peace officers identified on Attachment A attached hereto (such licensed peace officers
identified on Attachment A shall be collectively referred to herein as the "LPOs") to
assist the SPPD with the Security Event, and to set forth the terms and conditions in
which the Provider, subject to Section 3.6 herein, can avail itself of the aid and assistance
of the RRT.
1.1.1 Subject to the prior written approval of the SPPD, the Provider may also provide
the City with persons who are employed and actively utilized by the Provider in a
public safety capacity who do not meet the criteria of an LPO as set forth in this
Agreement but whose special public safety training and experience may enable
such persons to provide further assistance to the SPPD with regard to the Security
Event (hereinafter such persons are identified on Attachment B attached hereto,
and shall be collectively referred to herein as the "Non-LPOs") (an example of a
Non-LPOs might include parking enforcement and/or traffic control officers,
detention staff, special deputies, and emergency center dispatchers). lfthe SPPD,
in its sole discretion, desires to use any Non-LPOs, the SPPD will so notify the
Provider in writing of the conditions by which the Non-LPOs will be used, and
such writing will be incorporated as an addendum to this Agreement.
1.1.2 Provider will exercise its best efforts to assist with the Security Event. The
parties acknowledge and agree that resource availability requires Provider to
exercise its best judgment in prioritizing and responding to the public safety needs
of its jurisdiction including, but not limited to, the Security Event. That
prioritization decision belongs solely to Provider. This Agreement does not entitle
City or the Security Event to a higher priority or special consideration during
Provider's prioritization process. Further, Provider may, at any time, recall its
LPOs when, it is considered to be in Provider's best interest to do so.
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1.2 Each of the LPOs must meet the following criteria as defined in Minnesota Statutes,
Sections 626.84, Subdivision I(c) and 471.59, Subd. 12, which reads:
"(1) the peace officer has successfully completed professionally recognized peace officer
pre-employment education which the Minnesota Board of Peace Officer Standards and
Training has found comparable to Minnesota peace officer pre-employment education;
and
(2) the officer is duly licensed or certified by the peace officer licensing or certification
authority of the state in which the officer's appointing authority is located."
2 ADDITIONAL CRITERIA OF LPOs; PROVIDER SCOPE OF SERVICE
2.1 In addition to meeting the criteria set forth in Section 1 of this Agreement, the Provider
agrees that each of the LPOs shall also meet the following criteria:
A. That each LPO shall by reason of experience, training and physical fitness be
deemed in the sole discretion of the SPPD, that she/he is capable of performing
the duties required by the SPPD of each such LPO during the Security Event; and
B. That: (i) each LPO shall have been employed as a licensed peace officer for a
minimum of two (2) years in the United States; or (ii) in the event that an LPO
has been employed as a licensed peace officer for less than two (2) years in the
United States, that such LPO will at all times when providing the services
described in this Agreement, be directly supervised by an LPO who in addition to
satisfying the minimum criteria described in this Section 2.1 B. (i), shall also
possess sufficient supervisory skills and experience generally recognized and
accepted throughout the greater Saint Paul-Minneapolis law enforcement
community; and
C. That each of the LPOs are officers in good standing with the Provider.
Throughout the term of this Agreement, the Provider shall promptly notify the
SPPD in the event that any LPO is no longer an officer in good standing with the
Provider.
D. That throughout the term of this Agreement and subject to Chapter 13,
Minnesota Statutes, commonly known as the "Minnesota Governmental Data
Practice Act" (hereinafter referred to as the "MGDP A"), the Provider shall give
notice using the form attached hereto as Attachment C, to the SPPD of any public
data, as defined by the MGDP A, related to internal affairs type of investigations
either pending and/or sustained against any LPO during the past three (3) years,
involving excessive/unnecessary/unreasonable use of force, improper conduct or
conduct unbecoming of a licensed law enforcement officer; and
E. That unless otherwise provided or requested by the SPPD, each of the LPOs
shall be equipped and/or supplied by Provider at Provider's own expense, with a
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seasonally appropriate patrol uniform of the day and equipment, including but not
limited to service belts with Provider radio equipment, service weapon and
personal soft ballistic body armor that are required to be worn by each LPO while
on duty for the Provider; see Attachment E attached hereto for uniform and
equipment list; and
F. That Provider shall furnish all of the information required in Attachments
A and B attached hereto, for each LPO and Non-LPO, no later than ten (10)
business days after the effective date of this Agreement, with the understanding
that the City will hold the data in the same classification as the Provider does
under the MGDPA.
2.1.1 Provider acknowledges and agrees that at anytime during the term of this
Agreement the City has the sole discretion to decline to accept and/or use any
LPO or Non-LPO with()utcause or explanation.
2.2 The Provider agrees to provide the City with the following services:
A. That upon reasonable advance written notification from the SPPD,
each LPO so designated by the SPPD shall participate in training
activities related to the Security Event, that are coordinated or
conducted by the SPPD or its designee.(hereinafter each such
training session shall be referred to as a "Security Event Training
Session") for a period of time commencing from the Security
Event Training Session Commencement Date to the Security Event
Training Session Termination Date as those respective terms are
defined in Section 4 herein; and
B. That upon reasonable advance written notification from the SPPD,
each LPO so designated by the SPPD shall participate in the
Security Event for a period of time commencing from the Security
Event Commencement Date to the Security Event Termination
Date as those respective terms are defined in Section 4 herein.
C. That each LPO agrees to be placed by the SPPD, if so determined
by the SPPD, in an "On Assignment" status in which the LPO is
physically proximate to a Security Event location within the City
of Saint Paul, so as to be able to physically report in a timely
manner to such duty post assigned by the SPPD prepared to
undertake the specific job task or responsibility assigned to such
LPO by the SPPD related to the Security Event.
D. That at the request of the SPPD, each LPO and Non-LPO shall
participate in and/or provide information to and otherwise
cooperate with the SPPD in any "after action activities" following
4
the conclusion of a Security Event Training Session and/or the
Security Event. For purposes of this Agreement "after action
activities" may include, but not be limited to the following
activities related to Security Event Training Sessions and the
Security Event: debriefings of information and experiences,
completion of surveys and questionnaires and assisting and/or
participating in any civil and/or criminal legal proceedings.
2.3 Notwithstanding Section 12 herein, Provider acknowledges and agrees that at all times
during each Security Event Tr~ining Session and/or the Security Event, each LPO
regardless of such LPO's rank or job title held as an employee of the Provider, shall be
subject to a structure of supervision, command and control coordinated through a unified
law enforcement command and following unified command principals and practices
established throughout the law enforcement community (herein referred to as "Unified
Command").
2.4 The Provider agrees to cooperate and provide the City, with any other information
reasonably requested by the City that the City deems necessary to facilitate and enable
compliance with the terms and conditions contained in this Agreement. By way of
illustration only, such cooperation and information may include, but not be limited to the
Provider's timely completion and production of information required for insurance
purposes and audit purposes.
3 CITY RESPONSIBILITIES
3.1 City agrees that it will provide or facilitate the Security Event Training Session[s], the
SPPD deems necessary. The substance of the training, including the locations, dates and
times of any Security Event Training Session, shall be detailed in a separate writing
provided from the SPPD to the Provider.
3.2 The City anticipates certain financial assistance will be provided to it by the federal
government and/or third parties other than the City (hereinafter referred to as the
"Security Subsidy"), to fully and completely fund and/or reimburse the Provider for the
necessary costs of participating in the Security Event Training Session[s], the Security
Event, the RRT and any "after action activities" related thereto. Subject to the City's
good faith duty to provide the Provider with as much advance written notice that is
reasonable under the circumstances that the Security Subsidy is insufficient to reimburse
all or a portion of the costs and expenses described in this Agreement, Provider
acknowledges and agrees that the City's obligation to reimburse such costs or expenses
shall be limited only to the funds available in the Security Subsidy. In such event, City
agrees that funds available shall be distributed between/among Provider and any other.
law enforcement organizations providing services under this or similar agreements in, at
least, a ratio based on each organization's contribution as a share of the total
contributions
5
3.3 Subject to the prior written approval of the City and the Provider's compliance with the
requirements of Section 5 of this Agreement, the City agrees to provide reimbursement
from the Security Subsidy to the Provider for each LPO and Non-LPO whose services are
actually utilized by the SPPD during the Security Event Training Sessions and/or the
Security Event, for the following: the prevailing hourly contract wages at the rate of one
and one-halftimes, together only with the employer's share of Medicare and PERA
contributions being paid by the Provider to each LPO and N on- LPO (based on such
hourly wages and employer's share of Medicare and PERA contributions described in
Attachments A and B attached hereto) at the time the services of such LPG or Non-LPO
have been actually utilized by the SPPD in accordance with this Agreement. Unless
otherwise agreed to in writing by the City, the City shall only reimburse the Provider in
accordance with this Agreement for any pre-approved reimbursable costs incurred by the
Provider related to the actual participation by an LPO or Non-LPO in a Security Event
Training Session, only upon the satisfaction of one of the following conditions: (a) the
actual participation by such LPO or Non-LPO in the Security Event as required by the
SPPD; or (b) such LPO or Non-LPO, was ready, willing and available to participate in
the Security Event as required and needed by the SPPD hereunder, despite the LPG or
Non-LPG not having actually participated in the Security Event.
3.4 The person responsible on behalf of the SPPD for the daily operation, coordination and
implementation of this Agreement, which responsibilities shall include, but not limited to,
determining the assignments of the LPGs, shall be SPPD Assistant Chief Matt Bostrom
(hereinafter referred to as the "Coordinator"). Except as otherwise provided in this
Agreement, all contact or inquiries made by the Provider with regard to this Agreement
shall be made directly to the Coordinator or the Coordinator's designee.
3.5 The City shall provide the Provider with the eligibility guidelines for the costs described
in this Section 3 and a checklist for submitting the Reimbursement Payment Form
attached hereto as Attachment F, and related required documentation.
3.6 The RRT will be established for the sole and exclusive purpose of providing public
safety-related aid and assistance as requested by law enforcement organizations with the
legal responsibility for providing police services to local units of government throughout
the Twin Cities metropolitan area (hereinafter referred to as the "Requesting Party"),who
have entered into an agreement substantially similar to this Agreement, with the City,
provided that: (i) such aid and assistance is actually and directly related to the 2008 RNC;
and (ii) only if such aid and assistance is warranted by extraordinary circumstances. For
purposes of this Agreement, the term "extraordinary circumstances" shall mean those
circumstances that significantly exceeds the usual and customary ability of the
Requesting Party to effectively and safely provide police services within its jurisdictional
boundaries (which by way of example only, may include, but not be limited to, providing.
security for critical infrastructure, transportation routes and venues and facilities).
Nothing contained in this Agreement shall preclude the Provider from also becoming a
Requesting Party and availing itself of the RRT in accordance with this Section 3.6.
6
4 TERM OF AGREEMENT
4.1 Unless otherwise terminated earlier as provided in Section 16 herein, this Agreement
shall become operationally effective as follows:
4.1.1 Security Event Training Session(s 1- The Security Event Training Session
Commencement Date and the Security Event Training Session Termination Date
shall be the date [ s] and time [ s] so referenced in the writing described in Section
2.2 A of this Agreement which writing will incorporate the terms and conditions
of this Agreement.
4.1.2 Security Event - The Security Event Commencement Date and the Security Event
Termination Date shall be the date[s] and time[s] so referenced in a separate
writing to be provided by the SPPD to the Provider, which writing will
incorporate the terms and conditions of this Agreement.
4.1.3 The SPPD reserves the reasonable discretion to extend the Security Event
Training Session Termination Date[s] and the Security Event Termination Date
upon verbal or other non-written notice provided to Provider.
5 BILLINGS AND PAYMENTS
5.1 That in consideration for the Provider's faithful performance of this Agreement, the City
hereby agrees to compensate Provider from the Security Subsidy as provided in Section 3
herein and this Section 5. Notwithstanding any other provision contained in this
Agreement, the Provider agrees that the City's reimbursement to the Provider from the
Security Subsidy for all aggregate reimbursable costs and expenses, otherwise allowable
in Section 3 herein, shall not exceed an amount to be mutually agreed to by the City and
the Provider, no later than June 30, 2008. This not to exceed amount shall be
memorialized in a separate writing that will be incorporated as an addendum to this
Agreement.
5.2 Reimbursement Requirements
5.2.1 Except as may otherwise be provided either by this Agreement or with the written
consent of the City, any payments due and owing by the City to the Provider for
approved reimbursable costs and expenses described in this Agreement for which
the Provider has completed and delivered to the City all of the documentation
required herein, shall be made no earlier than the Security Event Termination
Date. Subject to the conditions described in this Section 5.2.1, the City shall make
every effort to make the payment to the Provider within thirty-five (35) days after
the City's receipt of all of the documentation required herein.
5.2.2 As a condition prec edent to receiving any reimbursement from the City for
approved reimbursable costs and expenses described in this Agreement, the
7
Reimbursement Payment Form, referenced in Attachment F, attached hereto,
must:
A. Be submitted to the City no later than November 15, 2008, unless such
deadline is otherwise extended with the written consent of the City. The
Reimbursement Payment Form shall be submitted to the Attention of Lori
Lee, Office of Financial Services, 15 West Kellogg Boulevard, Room 700,
City of Saint Paul, MN 55102; and
B. Include a cover letter signed by the Provider's Chief Financial Officer or
his/her designee, detailing the total amount sought to be reimbursed and a
including a summary narrative and cost overview that provide context to
the submission, including any unusual circumstances, all provided under
the following certification: "1 certify that all information presented in this
application supports only costs incurred for security related services
providedfor the 2008 Republican National Convention, and that all
iriformation was obtained from payroll records, invoices or other
documents that are availablefor audit. "; and
C. Include an itemized invoice as specified on checklist; and
D. Include all back-up documentation, as outlined on the checklist provided
by the City to the Provider.
5.2.3 In addition to any other requirements contained herein, Provider agrees that it will
promptly provide to the City upon request, any other information or
documentation of approved reimbursable costs and expenses described in this
Agreement as may be required by the federal government as a condition to the
City's receipt of the Security Subsidy. All records must be maintained for future
audits and the entity being reimbursed will be fiscally responsible for the results
of any such audit.
5.2.4 Any questions regarding this reimbursement process should be directed to:
Lori Lee or designee, Office of Financial Services.
5.2.5 The Provider acknowledge and agree that the City's obligations to provide
reimbursement pursuant to this Agreement are solely and exclusively limited to
the Security Subsidy, and that the City shall not be liable for any payment
hereunder: (i) to the extent that the Security Subsidy is insufficient to fully
reimburse the Provider and the City provides the notice described in Section 16 of
this Agreement; or (ii) in the event that the funder[s] of the Security Subsidy
determine, independent ofthe City and the SPPD, that a cost that may otherwise
be reimbursable pursuant to the terms of this Agreement, is not eligible for
reimbursement and that any payment for reimbursement previously made by the
8
City to the Provider is deemed to be ineligible by the funder[ s] and is required to
be returned to the funder[ s].
5.3 In the event the Provider fails to comply with any terms or conditions of the Agreement
or to provide in any manner the work or services as agreed to herein, the City reserves the
right to withhold any payment until the City is satisfied that corrective action has been
taken or completed. This option is in addition to and not in lieu of the City's right to
termination as provided in the sections of this Agreement.
6 AGREEMENT MANAGEMENT
6.1 In addition to the person described in Section 2.3 of this Agreement, the Provider has
identified the following person[s] as persons to contact only with regard to the following
matters regarding the Agreement:
(List names) (List responsibilities)
7 WORK PRODUCTS, RECORDS, DISSEMINATION OF INFORMATION
7.1 F or purposes of this Agreement, the following words and phrases shall have the meanings
set forth in this section, except where the context clearly indicates that a different
meaning is intended.
" Work product" shall mean any report, recommendation, paper, presentation, drawing,
demonstration, or other materials, whether in written, electronic, or other format that are
used or belong to SPPD or results from Provider's services under this Agreement.
"Supporting documentation" shall mean any surveys, questionnaires, notes, research,
papers, analyses, whether in written, electronic, or in other format and other evidences
used to generate any and all work performed and work products generated under this
Agreement.
"Business records" shall mean any books, documents, papers, account records and other
evidences, whether written, electronic, or in other format, belonging to SPPD or Provider
and pertain to work performed under this Agreement.
7.2 All deliverable work products, supporting documentation and business records or copies
thereof, that are needed from or are the results from the Provider's services under this
Agreement shall be delivered to the City either pursuant to this Agreement or upon
reasonable request of the City.
7.3 The City and the Provider each agrees not to release, transmit, disclose or otherwise
disseminate information associated with or generated as a result of the work performed
under this Agreement without prior notice to the other. Except as otherwise required by
federal and/or state law, neither the City nor the Provider shall release, transmit, disclose
or disseminate any security information, security service or security service data, defined
9
under Minnesota Statutes, Sections 13.37 and 13.861 or any like data, as defined and/or
required in all federal, state, and local laws or ordinances, and all applicable rules,
regulations, and standards.
7.4 In the event of termination, all supporting documents and business records prepared by
the Provider under this Agreement, shall be delivered to the City by Provider by the
termination date.
7.5 Both the City and the Provider agree to maintain all business records in such a manner as
will readily conform to the terms of this Agreement and to make such materials available
at its office at all reasonable times during this Agreement period and for six (6) years
from the date of the final payment under the contract for audit or inspection by the City,
the Provider, the Auditor of the State of Minnesota, or other duly authorized
representative.
7.6 Both the City and the Provider agree to abide strictly by Chapter 13 , Minnesota
Government Data Practice Act, ("MGDP A")and in particular Minnesota Statutes,
Sections 13.05, Subd. 6 and II; 13.37, Subd. 1 (b), 138.17 and 15.17. All ofthe data
created, collected, received, stored, used, maintained, or disseminated by the Provider or
the City in performing functions under this Agreement is subject to the requirements of
the MGDP A and both the City and the Provider must comply with those requirements. If
any provision of this Agreement is in conflict with the MGDP A or other Minnesota state
laws, state law shall control.
8 EQUAL OPPORTUNITY EMPLOYMENT
Neither the City nor the Provider will discriminate against any employee or applicant for
employment for work under this Agreement because of race, creed, religion, color, sex,
sexual or affectional orientation, national origin, ancestry, familial status, age, disability,
marital status, or status with regard to public assistance and will take affirmative steps to
ensure that applicants are employed and employees are treated during employment
without regard to the same.
This provision shall include, but not be limited to the following: employment, upgrading,
demotion, or transfer; recruitment advertising, layoff or termination; rates of payor their
forms of compensation; and selection for training, including apprenticeship.
9 COMPLIANCE WITH APPLICABLE LAW
Both the City and the Provider agree to comply with all federal, state, and local laws or
ordinances, and all applicable rules, regulations, and standards established by any agency
of such governmental units, which are now or hereafter promulgated insofar as they relate
to their respective performances of the provisions of this Agreement.
10 CONFLICT OF INTEREST
10.1 Both the City and the Provider agree that it will not contract for or accept employment for
10
the performance of any work or services with any individual, business, corporation, or
government unit that would create a conflict of interest in their respective performances
of their obligations pursuant to this Agreement.
10.2 Acceptance of this Agreement by both the City and the Provider indicates compliance
with Chapter 24.03 ofthe Saint Paul Administrative Code, which provides that: "Except
as permitted by law, no City official or employee shall be a party to or have a direct
financial interest in any sale, lease, or contract with the City."
10.3 Both the City and the Provider agree that, should any conflict or potential conflict of
interest become known, the party learning of such conflict or potential conflict shall
advise the other party of the situation so that a determination can be made about each
party's ability to continue performing services under this Agreement.
11 INSURANCE
11.1 The Host Committee for the 2008 RNC, at its own cost, shall provide the following
insurance coverage in which the Provider shall be covered as a named insured party:
A. Police Professional Insurance (the "Insurance Coverage") providing coverage
for claims arising out of actions of each LPO and Non-LPO who provide security
and law enforcement during the convention and convention related events with a
limit of coverage not less than Ten Million Dollars ($10,000,000), as evidenced
by a certificate of insurance provided to the Provider providing at least a ten (10)
day notice of cancellation or any significant material change in coverage.
11.1.1 The Provider agrees to be bound by the terms and conditions contained in the
Insurance Coverage policy ("Policy"), the terms and conditions of which are
incorporated herein by reference.
11.1.2 The parties acknowledge and agree that the Insurance Coverage shall only provide
coverage during the time period set forth in the Policy.
11.1.3 The Provider a grees that is shall cooperate with the insurer who will be
underwriting the Insurance Coverage by timely providing information as
reasonably requested by said insurer or its designees. For purposes of this Section
11.1.3, this cooperation will include, but not be limited to both the underwriting
process and the claims process, and this obligation shall survive and extend if
necessary, beyond the termination of this Agreement.
11.2 The Provider shall be responsible for injuries or death of its own LPOs and Non-LPOs.
The Provider will maintain workers' compensation insurance or self-insurance equivalent
coverage, covering each of its own LPOs and Non-LPOs while such LPOs and Non-
LPOs are providing services pursuant to this Agreement. The Provider waives the right to
sue any other party for any workers' compensation benefits paid to its own LPOs or Non-
11
LPOs and any dependants of such LPOs and Non-LPOs, even if the injuries were caused
wholly or partially by the negligence of any other party.
12 INDEPENDENT CONTRACTOR; RULES OF CONDUCT
12.1 Notwithstanding any other provision of this Agreement, including, but not limited to
Section 2.3, it is understood and agreed by the parties hereto that, at all times and for all
purposes within the scope of the Agreement, the. relationship of the Provider to the City is
that of independent contractor and not that of employee. No statement contained in this
Agreement shall be construed so as to find the Provider or the LPOs and Non-LPOs, to
be employees of the City, and the Provider shall be entitled to none of the rights,
privileges, or benefits of City employees.
12.2 During the Security Event Training Session[s] and the Security Event, each LPO shall be
required to comply with the rules of conduct established by the Provider, the SPPD
and/or the Unified Command. In the event that a conflict exists between the Provider's
rules of conduct and the SPPD's rules of conduct and the Unified Command has not
otherwise provided rules of conduct, the SPPD's rules of conduct shall apply. The
Coordinator or his designee shall refer disciplinary matters involving LPOs to the
Provider for an investigation. Based on the judgment of the Coordinator or his designee, .
if a particular matter represents probable cause for the issuance of a criminal complaint,
the matter shall be referred directly to an external law enforcement agency for
investigation, provided the person's agency head is notified in advance thereof.
13 SUBCONTRACTING.
Both the City and the Provider agree not to enter into any subcontracts for any of the
work contemplated under this Agreement without obtaining prior written approval of the
other party.
14 MUTUAL RESPONSIBILITY; NO WAIVER OF IMMUNITIES
14.1 Each party hereto agrees that it will be responsible for its own acts and/or omissions and
those of its officials, employees, representatives and agents in carrying out the terms of
this Agreement and the results thereof to the extent authorized by law and shall not be
responsible for the acts and/or omissions of the other party and the results thereof.
Notwithstanding the foregoing, nothing contained in this Section 14.1 shall waive, nor
shall be construed to waive any rights and benefits either party has with regard to its
status under the insurance coverage described in Section 11 of this Agreement.
14.2 It is understood and agreed that each party's liability shall be limited by the provisions of
Minnesota Statutes, Chapter 466 (Tort Liability, Political Subdivisions) or other
applicable law. Nothing contained in this Agreement shall waive or amend, nor shall be
construed to waive or amend any defense or immunity that either party, their respective
12
officials and employees, may have under said Chapter 466, or any common-law
immunity or limitation of liability, all of which are hereby reserved by the parties hereto.
15 ASSIGNMENT
The City and the Provider each binds itself and its successors, legal representatives, and
assigns of such other party, with respect to all covenants of this Agreement; and neither
the City nor the Provider will assign or transfer their interest in this Agreement without
the written consent of the other.
16 EVENTS OF DEFAULT; TERMINATION
16.1 By the City - The City may terminate this Agreement based on the occurrence of any of
the following events:
A. the cancellation of the 2008 RNC;
B. the determination made in the sole discretion of the City, that the
Security Subsidy is insufficient to reimburse all or a portion of the
costs and expenses described in Section 3 ofthis Agreement,
which determination must be made and disclosed to the Provider
prior to the Security Event Commencement Date;
C. the failure of the Host Committee to purchase and provide the
insurance coverage described in Section 11 of this Agreement in a
timely manner determined by the City;
D. the failure of the Provider to comply with or perform any term,
condition or obligation contained in this Agreement and to fail to
cure such default within seven (7) calendar days after the City or
SPPD provides Provider with notice of such default.
16.2 By the Provider - The Provider may terminate this Agreement based on the occurrence
of any of the following events:
A. without cause, prior to any Security Event Training Session( s]
Commencement Date ( s] in which any of the Provider's LPOs shall
participate;
B. the cancellation of the 2008 RNC;
C. the failure of the Host Committee to provide the Provider with
evidence in the form of a certificate of insurance naming the
Provider as a named insured in the policy of insurance coverage
described in Section 11 of this Agreement;
13
D. the Provider's receipt of the notice described in Section 3.2 of this
Agreement;
E. the failure of the City to comply with or perform any term,
condition or obligation contained in this Agreement and to fail to
cure such default within seven (7) calendar days after the Provider
provides the SPPD with notice of such default.
16.3 Both the City and the Provider shall act in good faith, to provide as much advance written
notice of an event of default in this Section 16, to the other party that is reasonable under
the circumstances.
16.4 In the event of termination, the City will only pay Provider for those services actually,
timely, and faithfully rendered up to the receipt of the notice of termination and thereafter
until the date of termination. Except as otherwise provided in this Section 16.4, neither
the City nor the Provider shall be entitled to the recovery of any consequential damages
or attorney fees related to an event of default hereunder.
17 GOOD FAITH DISPUTE RESOLUTION
The City and the Provider shall cooperate and use their best efforts to ensure that the
various provisions of this Agreement are fulfilled and to undertake resolution of disputes,
if any, in good faith and in an equitable and timely manner. In the event such a dispute
arising out of or relating to this Agreement or breach thereof cannot be resolved
exclusively among the parties, such dispute shall be referred to non-binding mediation
before, and as a condition precedent to, the initiation of any legal action hereof, provided
for herein. Each party agrees to participate in up to four hours of mediation. The
mediator shall be selected by the parties, or if the parties are unable to agree on a
mediator then any party can request the administrator of the Ramsey County District
Court Civil ADR Program and/or similar person, to select a person from its list of
qualified neutrals. All expenses related to the mediation shall be borne by each party,
including without limitation, the costs of any experts or legal counsel. All applicable
statutes of limitations and all defense based on the passage of time are tolled while the
mediation procedures are pending, and for a period of 30 days thereafter.
18 AMENDMENT OR CHANGES TO AGREEMENT
18.1 Any alterations, amendments, deletions, or waivers of the provisions of this Agreement
shall be valid only when reduced to writing and duly signed by the parties hereto, after all
appropriate and necessary authority has been acquired by each such party.
18.2 Modifications or additional schedules shall not be construed to adversely affect vested
rights or causes of action which have accrued prior to the effective date of such
amendment, modification, or supplement. The term "this Agreement" as used herein
14
shall be deemed to include any future amendments, modifications, and additional
schedules made in accordance herewith.
19 NOTICES
Except as otherwise stated in this Agreement, all notice or demand to be given under this
Agreement shall ,be delivered in person or deposited in United States Certified Mail,
Return Receipt Requested. Any notices or other communications shall be addressed as
follows:
To City:
To Provider:
20 WAIVER
Any fault of a party hereto to assert any right under this Agreement shall not constitute a
waiver or a termination of that right, this Agreement, or any of this Agreement's
provISIOns.
21 SURVIVAL OF OBLIGATIONS
21.1 The respective obligations of the City and Provider under these terms and conditions,
which by their nature would continue beyond the termination, cancellation, or expiration
hereof, shall survive termination, cancellation or expiration hereof.
21.2 If a court or governmental agency with proper jurisdiction determines that this
Agreement, or a provision herein is unlawful, this Agreement or that provision, shall
terminate. If a provision is so terminated but the parties hereto legally, commercially, and
practicably can continue this Agreement without the terminated provision, the remainder
of this Agreement shall continue in effect.
22 INTERPRETATION OF AGREEMENT
This Agreement shall be interpreted and construed according to the laws of the State of
Minnesota.
23 FORCE MAJEURE
Neither the City nor the Provider shall be held responsible for performance if its
performance is prevented by acts or events beyond the party's reasonable control,
including, but not limited to: severe weather and storms, earthquake or other natural
occurrences, strikes and other labor unrest, power failures, electrical power surges or
current fluctuations, nuclear or other civil military emergencies, or acts of legislative,
judicial, executive, or administrative authorities.
15
24 ENTIRE AGREEMENT
It is understood and agreed that this entire Agreement supersedes all oral agreements and
negotiations between the parties hereto relating to the subject matters herein.
IN WITNESS WHEREOF, the parties hereto are authorized signatories and have
executed this Agreement, the day and year first above written.
CITY OF SAINT PAUL
STATE/CITY/COUNTY OF
By:
Its: Mayor
By:
Its:
Date:
Date:
Approval Recommended:
Approval Recommended:
By:
Its: Chief of Police
Saint Paul Police Department
By:
Its:
By:
Its: Director, Office of Financial Services
By:
Its:
By:
Its: Director, Department of Human Rights
Approved as to form and legality:
Approved as to form and legality:
By:
Its: Assistant City Attorney
By:
Its:
Funding:
Activity # and Activity Manager Signature
Provider's Taxpayer I.D. No.:.
*****************************************************************************
16
Hey
M
Finance
763-593-8013/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 6, 2008
Agenda Item
4. A. Public Hearing - Issuance of Revenue Note - Community Involvement Programs
Prepared By
Sue Virnig, Finance Director
Summary
Community Involvement Programs has requested the City hold a public hearing to approve a
resolution giving host approval to the issuance of a revenue note to finance housing and
health care facilities. This will allow them to refinance their loan from a taxable status to a
non-taxable status. They currently own the property 6427 Westchester Circle. The City is
required by the IRS Code and by Minnesota Statutes Section 469.152 through 469.1651 to
hold a hearing for the host approval of the revenue bonds.
The City of Hinckley is issuing the bonds and the host cities will be Crystal, Hopkins,
Minnetonka, New Hope, Richfield, St. Louis Park and Sandstone.
The public hearing notice was published in the SunPost on July 17. Community Involvement
Programs will pay for all costs related to the public hearing notice.
Attachments
Resolution Giving Host Approval to the Issuance of a Housing and Care Facility Revenue
Note for a Project by Community Involvement Programs Located in Golden Valley, Minnesota
Under Minnesota Statutes, Chapter 462C and Minnesota Statutes Sections 469.152 through
469.1651 (3 pages)
Recommended Action
Motion to approve Resolution Giving Host Approval to the Issuance of a Housing and Care
Facility Revenue Note for a Project by Community Involvement Programs Located in Golden
Valley, Minnesota Under Minnesota Statutes, Chapter 462C and Minnesota Statutes
Sections 469.152 through 469.1651.
Resolution 08-33
August6,2008
Member introduced the following resolution and moved its adoption:
RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF A
HOUSING AND CARE FACILITY REVENUE NOTE FOR A PROJECT BY
COMMUNITY INVOLVEMENT PROGRAMS LOCATED IN GOLDEN VALLEY,
MINNESOTA UNDER MINNESOTA STATUTES, CHAPTER 462C AND
MINNESOTASTATUTES SECTIONS 469.152 THROUGH 469.1651
BE IT RESOLVED, by the City Council (the "Council") of the City of Golden Valley,
Hennepin County, Minnesota (the "City") as follows:
Section 1. General Recitals.
(a) The purpose of Minnesota Statutes, Chapter 462C (the "Housing Program
Act"), is, among other things, to confer upon cities the power to issue revenue bonds to
finance multifamily housing developments; and
(b) The purpose of Minnesota Statutes, Sections 469.152 through 469.1651 as
amended, (the "Industrial Development Act"), is, among other things, to promote the
welfare of the State of Minnesota (the "State") by the active attraction and encouragement
and development of economically sound industry and commerce to prevent so far as
possible the emergence of blighted and marginal lands and areas of chronic unemployment
and by providing necessary care facilities so that adequate care services are available to
residents of the State at reasonable cost.
Section 2. Description of the Proiect.
(a) Community Involvement Programs (the "Borrower"), a Minnesota nonprofit
corporation and organization described in Section 501 (c)(3) of the Internal Revenue Code
of 1986, as amended (the "Code") has proposed the issuance of a revenue note under the
Housing Program Act and the Industrial Development Act, in one or more series, in an
amount not to exceed $2,500,000 (the "Note") by the City of Hinckley, Minnesota (the
"Issuer") to finance the costs of a project (the "Project") consisting of (i) refinancing the
acquisition of an approximately 8 unit housing facility for the developmentally disabled
known as the North Court Apartments which is located at 403 North Court Avenue,
Sandstone, MN, (ii) refinancing the acquisition of group residential facilities for the
developmentally disabled which are located at 6427 Westchester Circle in the City (the
"Golden Valley Facility"); 4303 North Colorado Street, Crystal, MN; 501 First Street SW,
Hinckley, MN; 300 18th Avenue North, Hopkins, MN; 4731 Clear Spring Road and 4725
Clear Spring Road, Minnetonka, MN; 7600 48th Circle North, New Hope, MN; 7044
Columbus Avenue, Richfield, MN; 9011 34th Street West, St. Louis Park, MN; and 618
South Pine Street and 112 Division Street, Sandstone, MN, (iii) financing renovations to the
group residential facilities located at 4725 Clear Spring Road in Minnetonka and at 112
Division Street in Sandstone, and (iv) financing renovations to the corporate headquarters
of the Borrower located at 1600 Broadway Street NE, Minneapolis, MN.
Resolution 08-33 - Continued
August 6, 2008
(a) The facility located at 403 North Court Avenue in Sandstone will be owned by
North Court Apartments, the facility located at 4731 Clear Spring Road in Minnetonka will
be owned by Clear Spring Road Residences, Inc., all of the remaining facilities comprising
the Project will be owned by the Borrower and the entire Project will be operated by the
Borrower.
(b) As more fully described above, portions of the Project are located in the City,
Hinckley and the Cities of Crystal, Hopkins, Minneapolis, Minnetonka, New Hope, Richfield,
St. Louis Park and Sandstone (collectively, the "Host Cities").
(c) The total amount of the obligations to be issued is presently estimated to not
exceed $2,500,000, approximately $99,000 of which will be used for refinancing the Golden
Valley Facility.
(d) The City has been advised that the Note or other obligations, as and when
issued, will not constitute a charge, lien or encumbrance upon any property of the City, the
Host Cities or the Issuer, except the Project and the revenues to be derived from the
Project. Such Note or obligations will not be a charge against the general credit or taxing
powers ofthe City, the Host Cities or the Issuer, but is payable from sums to be paid by the
Borrower pursuant to a revenue agreement.
Section 3. Recital of Representations Made bv the Borrower.
(a) The Borrower has agreed to pay any and all costs incurred by the City in
connection with the issuance of the Note, whether or not such issuance is carried to
completion.
(b) The Borrower has represented to the City that no public official of the City has
either a direct or indirect financial interest in the Project nor will any public official either
directly or indirectly benefit financially from the Project.
Section 4. Public Hearing.
(a) As required by Section 147(f) of the Code a Notice of Public Hearing was
published in the Golden Vallev Sun-Post, the City's official newspaper and newspaper of
general circulation, for a public hearing on the proposed issuance of the Note and the
proposal to undertake and finance the Project.
(b) As required by Section 147(f) of the Code the City Council has on this same
date held a public hearing on the issuance of the Note and the proposal to undertake and
finance the portion of the Project located within the jurisdictional limits of the City, at which
all those appearing who desired to speak were heard and written comments were
accepted.
Section 5. Host Approval. The City hereby gives the host approval required under the
Internal Revenue Code to the issuance of the Note and, pursuant to Minnesota Statutes,
Section 471.656, Subd. 2(2), the City Council hereby consents to the issuance of the Note.
Resolution 08-33 - Continued
August 6,2008
Linda R. Loomis, Mayor
ATTEST:
Susan M. Virnig, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
alley
Me orandum
Planning
763-593-8095/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 6, 2008
Agenda Item
4. B. Public Hearing - Ordinance #403 - Rezoning all Properties in the 1-394 Corridor Study
area from Industrial, Light Industrial, Business and Professional Offices, Institutional and
Medium Density Residential Zoning Districts to 1-394 Mixed Use Zoning District
Prepared By
Joe Hogeboom, City Planner
Summary
At the June 9,2008 Planning Commission meeting, the Commission unanimously
recommended approval of rezoning properties within the 1-394 Corridor Study area to the
1-394 Mixed Use Zoning District. The 1-394 Mixed Use Zoning District, created by the City
Council on May 20, 2008, was authored to include language specific to the geography and
demographics of the 1-394 Corridor.
The Planning Department notified property owners of the impending zoning change through
correspondence mailed in June, 2008. The Land Use Plan Map was amended to include the
1-394 Mixed Use Zoning District on December 18, 2007. Per state statute, zoning must reflect
land use designation. Rezoning properties in the 1-394 Corridor reflects a long term vision for
the district. Existing properties, which remain vital to the local business community and the
City of Golden Valley, would be allowed to remain in place as legal non-conforming uses.
Attachments
Memo to Planning Commission dated June 2,2008 (1 page)
Planning Commission minutes dated June 9, 2008 (2 pages)
Ordinance No. 403, Rezoning all Properties in the 1-394 Corridor Study area from Industrial,
Light Industrial, Business and Professional Offices, Institutional and Medium Density
Residential Zoning Districts to 1-394 Mixed Use Zoning District (1 page)
Proposed Zoning Map showing the 1-394 Corridor Study Area (1 page, loose in agenda packet)
Current Zoning Map showing the 1-394 Corridor Study Area (1 page, loose in agenda packet)
Recommended Action
Motion to adopt Ordinance No. 403, Rezoning all Properties in the 1-394 Corridor Study area
from Industrial, Light Industrial, Business and Professional Offices, Institutional and Medium
Density Residential Zoning Districts to 1-394 Mixed Use Zoning District.
.lley
Planning
763-593-8095 I 763-593-8109 (fax)
Date:
June 2, 2008
From:
Planning Commission
Joe Hogeboom, City Planner
Continued Informal Public Hearing on Rezoning: Rezoning the Properties in the
1-394 Corridor to Mixed Use Zoning District from Industrial, Light Industrial,
Business and Professional Office, and Medium Density Residential Zoning
Districts - City of Golden Valley, Applicant
To:
Subject:
On July 30, 2007, the Planning Department brought forth the proposal to rezone the properties
located in the 1-394 Corridor Area to 1-394 Mixed Use. Also, staff proposed amending City
Code to create the 1-394 Mixed Use Zoning District. Upon the recommendation of the Director
of Planning and Development, both items were tabled to a future date to allow time to address
Planning Commission and resident concerns.
On May 20, 2008, City Code was amended to create the 1-394 Mixed Use Zoning District. Prior
to this, the Planning Commission held an Informal Public Hearing regarding the creation of the
1-394 Mixed Use Zoning District, ultimately unanimously recommending it for approval on April
14,2008. Following these actions, the City of Golden Valley is now renewing its request to
rezone properties within the 1-394 Corridor Study Area. Currently, the majority of properties
within the 1-394 Corridor Study Area are located in the Industrial Zoning District. However, in
keeping with the spirit and intent of the 1-394 Corridor Study, the City of Golden Valley believes
mixed use zoning would more appropriately serve the area.
On December 18, 2007, the Land Use Plan Map was amended to guide land use along' .
Interstate 394 as Mixed Use. This change was recommended by the Planning Commission on
August 13, 2007, after holding an Informal Public Hearing. State law mandates zoning to
reflect land use designation. In the summer of 2007, communication was sent to affected land
owners explaining the details of the land use and zoning changes. Under the provisions of City
Code, current businesses in the 1-394 Corridor will be allowed to remain as non-conforming
uses.
Staff recommends rezoning properties in the 1-394 Corridor to be included in the 1-394 Mixed
Use Zoning District.
Attachments:
Proposed Zoning Map showing the 1-394 Corridor Study Area (1 page)
Current Zoning Map showing the 1-394 Corridor Study Area (1 page)
Minutes of the Golden Valley Planning Commission
June 9, 2008
Page 11
,building prepared by HTG Architects and dat
is approval. This plan indicates parking s
3.
rchitects and dated May 14, 200
,tes the location of the sports
" N. building prepared by ,. ssociates and
e a part of this appro. his indicates the
ges to the interior. be made as long as it
for Hey Coac , . a the changes are consistent
2.
4.
5.
6.
City's lighting code. All lights
other properties. All outdoor
9.
10.
11.
12.
13.
14.
'in their parking lot.
nts shall be met.
bove conditions shall be grounds for
4. Informal Public Hearing - Rezoning - Rezoning the Properties in the 1-394
Corridor to Mixed Use Zoning District
Applicant: City of Golden Valley
Purpose: To rezone the properties in the 1-394 Corridor study area from their
current zoning district to the Mixed Use zoning district
Hogeboom reminded the Commission that at their August 13, 2007 meeting they tabled the
public hearing regarding rezoning the properties in the 1-394 Corridor study area from their
current zoning district to the Mixed Use zoning district.
Kluchka asked why the item was tabled. Keysser said he thought it was tabled because of
non-conforming land use issues and property owner issues. He asked for clarification
regarding existing land uses becoming non-conforming once the properties are rezoned.
Hogeboom stated that some existing land uses will become non-conforming uses but they
Minutes of the Golden Valley Planning Commission
June 9, 2008
Page 12
can continue to operate in their current capacity. Grimes added that non-conforming uses
can be improved and maintained, they just can't be expanded.
Waldhauser questioned if an exception should be made for properties that could potentially
expand if they have the space. Grimes explained that rezoning the properties isn't saying
that a property can't be a particular use, it is just saying that is has to be mixed use.
Cera asked if a property owner could ask for a variance if they wanted to expand. Grimes
explained that the 1-394 Corridor Mixed Use zoning ordinance has already been approved
and that this public hearing is just about where the Mixed Use zoning district will apply.
Cera asked if the Speak the Word church property will be included in the Mixed U~e zoning
district. Hogeboom said no and stated that it provides a good buffer for the neighborhood to
the north and it is consistent with the General Land Use Plan Map to leave it zoned
Institutional. Waldhauser noted that the zoning can be looked at again in the future.
Keysser asked if the Zoning Map will be in compliance with the General Land Use Plan
Map. Hogeboom said yes.
Keysser opened the public hearing. Seeing and hearing no one wishing to comment,
Keysser closed the public hearing.
MOVED by Eck, seconded by Kluchka and motion carried unanimously to recommend
approval of rezoning the properties in the 1-394 Corridor study area from their current
zoning district to the Mixed Use zoning district.
---Short Recess---
Waldhauser asked if there was
that was tabled at their last
updated drainage study.
Reports on Meetings of the . ousing and Redevelopment Authority, City
ouncil, Board of Zoning A eals and other Meetings
rive Corridor Stud~
6. Other Business
7.
ORDINANCE NO. 403, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Rezoning all Properties in the 1-394 Corridor Study area from Industrial,
Light Industrial, Business and Professional Offices, Institutional and Medium Density
Residential Zoning Districts to 1-394 Mixed Use Zoning District
The City Council for the City of Golden Valley hereby ordains:
Section 1. City Code Chapter 11 entitled "Land Use Regulation (Zoning)" is
amended in Section 11.10, Subd. 2 by changing the zoning designation of certain tracts of
land as follows:
Properties in the 1-394 Corridor Study area (see map below) will be rezoned from various
designations including Industrial, Light Industrial, Business and Professional Offices,
Institutional and Medium Density Residential Zoning Districts to 1-394 Mixed Use Zoning
District. The parcels to be rezoned include all properties located east of Rhode Island
Avenue South, North of 1-394, west of Turners Crossroad and south of Laurel Avenue and
also includes two properties north of Laurel Avenue, east of Pennsylvania Avenue South
and west of the West Ring Pond and that area east of Turners Crossroad, south of Circle
Down (not including single family residential properties), north of 1-394 and west of Highway
100.
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Section 2. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99
entitled "Violation a Misdemeanor" are hereby adopted in their 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 6th day of August, 2008.
IslLinda R. Loomis
Linda R. Loomis, Mayor
ATTEST:
Is/Susan M. Virnig
Susan M. Virnig, City Clerk
Hey
Official Zoning Map
Zoning Districts
D Single Family (R-I)
D Moderate Density (R-2) Residential
_ Medium Density (R-3) Residential
_ High Density (R-4) Residential
~ 1-394 Mixed Use--,-~ Subdislricl A
_ Commercial L~ s:;;~~-
D Light Industrial l._ s=;;~'c-
_ Industrial If9lIRlM...""O_
C Business &. Professional Offices
Institutional ::.=i::=-'::=-~-..
_ (I-l)Sub-Districl__...
D (1-2) Sub-District_--_...
D (I.3)Sub-District=.:-,............-
Q (I-4)Sub-District==~----
_ (1-5) Sub-Districl_...
o Planned Unit Development (PUD)
'A',. 1-394 Overlay Zoning Dislrict (Zones A. B. q
flood Plain Management Zoning OverLty Dr.1rid
:-':'=SS-iF5!:!=~==;:=
~~~~~~:~f.
@ Shoreland Overlay District:-.=.:...-::",..=--
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~~-==.:.."""~~ A
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-
Approved Amendments: Ofticlal Zonng Map
~.....,I~~.I ~
ORDINANCE NO. 271, ZND SERIES
na II. c<<tty........... ClnIdIIZOIWig"'p,..""tDln SectIDtIl'.1'
of IMZoMIg a.p., of.. CIy coca. oIh ClyclGoldlonV*'t.
Adopled"'22ndo.,of~2002.
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~R.L.OOMIS. MAYOR
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Official Zoning Map
I
Zoning Districts
D Single Family (R-I)
D Moderate Density (R-2) Residential
1m3 Medium Density (R-3) Residential
_ High Density (R-4) Residential
_ Commercial
D light Industrial
_ Industrial
C Business & Professional Offices
Institutional :~';:.=-===-~~
_ (1.1) Sub-Districh:I."-'~_1
D (1-2) Sub-Dislrict_.._..._~...
D (I.3)Sub-District::-pn.-.....-
D (1-4) Sub-District==~r\I---
_ (1-5) Sub-Dislrict_...
o Planned Unit Development (PUD)
'A'.... 1-394 Overlay Zoning District (Zones A. B. C)
Flood Plain Management Zoning Overlay District
=:...~===".:=~"'~.::::ti=~
::=~;;~_~~~~:~I.~:-ca,
ZJllInOillIIIE.ZJQ!IJQD!IZE..,.ll'QIl:XllI3M!.___..Z.:lIlOt.
@ Shoreland Overlay District:-.='~-=-~
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Approved Amendmento: OftIclal Zoning Mop
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ORDINANCE NO. %71, 2ND SERIES
nn.. kl-ufy'" INs 15.. ~Zonng Map""'" III In Sec.1ign 11.11
oItheZD'*'&a.pmolthe ClyCoot. of... ClyofGokSeflV"'y.
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I Current Zoning for 1-394 Corridor I
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DONALD G.TAYlOR. CITY a..ERK
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nlley
M morandum
Planning
763-593-8095/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 6, 2008
"60 Days" Deadline: September 24, 2008
Agenda Item
5. A. Continued Item - Authorization to Sign Amended PUD Permit - Calvary Lutheran Church -
PUD No. 46 - Amendment No.6 - 7520 Golden Valley Road
Prepared By
Mark Grimes, Director of Planning and Development
Summary
At the July 15, 2008 City Council meeting, the Council tabled consideration of a minor
amendment for Calvary Lutheran Church PUD No. 46, Amendment No.6. The amendment
would allow Calvary to construct both an interior and exterior columbarium on their church
campus. It was assumed that this item would be tabled until the August 6,2008 meeting.
However, Calvary has asked that consideration of this amendment be tabled until the
September 16, 2008 City Council meeting because Calvary representatives are not available
until that meeting due to vacations.
Pastor Steve Dornbusch has submitted a letter to me dated July 25, 2008 that provides
additional information regarding the request for the columbarium. The letter is included in
your agenda packet for consideration.
Attachments
Letter and photos from Pastor Steve Dornbusch, Calvary Lutheran Church, dated July 25,
2008 (7 pages, loose in agenda packet)
Recommended Action
Motion to continue the Authorization to Sign Amended PUD Permit, Calvary Lutheran
Church, PUD #46, Amendment #6,7520 Golden Valley Road until the September 16, 2008
City Council meeting.
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763.545.5659
763.545.6953 fax
www.calvary.org
7520 Golden Valley Road
Golden Valley, MN 55427
Calvary
July 25, 2008
Mr. Mark W. Grimes, AICP
Director of Planning and Development
City of Golden Valley
Re: Amendment to P.D.D. # 46, Proposed Amendment # 6
Calvary Lutheran Church of Golden Valley
Dear Mr. Grimes:
Calvary Lutheran Church would like to offer some information in light of the comments and
questions of the Mayor and other City Council members at the recent city council meeting. The
concerns were: a columbarium seems like a cemetery which would not be desirable, the plan
seems too expansive and it seems it should have a fence for security. We did not hear concerns
expressed about the indoor columbarium so this letter will focus on our proposed outdoor
memorial prayer garden and columbarium.
Reasons for an outdoor memorial prayer garden and columbarium
We desire to construct and operate a columbarium inside our church facility and an outdoor
memorial prayer garden and columbarium. In information meetings at Calvary, we are hearing
more interest in the outdoor proposal. We expect that there is sufficient interest to justify
columbaria - the one inside and the one outside. The primary reason we want to construct both
of them is that there is an increasing demand for church columbaria and we want to expand our
services to respond to the demand.
. There are an increasing number of individuals, nationwide and here in Hennepin County,
who are choosing cremation rather than traditional burials.
. There is also a significant increase in the nqmber of churches that have established a
columbarium. Locally, we have learned of existing and planned Twin Cities church
columbaria in Anoka, Eden Prairie, Edina, Excelsior, Mahtomedi, Minneapolis, Mound,
New Brighton, Plymouth and St. Louis Park.
. Many members and friends of Calvary are excited about the opportunity to have their
earthly cremains reside at the church that has meant so much to them. For many of us
who have chosen cremation, it is appealing to have our cremains at our church and in a
setting inviting for our family and loved ones to remember us for generations.
. In the Executive Summary for Action for the July 15 Golden Valley City Council
Meeting, Mr. Grimes wrote: "Staff has talked with several cities and churches about
outdoor columbaria. In all cases, the City and churches have only positive comments."
Our Calvary Task Force has visited many outdoor memorial prayer gardens and
columbaria. Recently we asked two staff members at St. Barnabas Lutheran Church in
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Plymouth if they had difficulty getting city approval for their outdoor memorial prayer
garden and columbarium. They responded: "Heavens no, the city council members were
strong advocates for our project".
. We would like to emphasize the focus of Calvary is responding to needs of the
community. Our services are "cradle to grave" and an important part of Calvary's
mission is its desire to be a positive force and resource to the Golden Valley community.
Calvary provides numerous community benefits, including its childcare programs from
infant daycare through pre-kindergarten, its commitment to housing and food support
through organizations like Habitat, PRISM, and Families Moving Forward, its desire to
help families through support of Golden Valley's women's shelter, numerous support
groups that were begun and which meet at Calvary, its commitment to men and women in
the armed forces from our area through our extensive military support, the generous
sharing of our clergy to help meet the needs of our local nursing homes, the use of
Calvary facilities and hundreds of Calvary members to support Golden Valley Days,
camps and Vacation Bible School that are available to community children, not just
Calvary members, music concerts open to the public, educational opportunities,
counseling and community gathering spaces, as well as providing a wonderful housing
option for seniors in the community. Thousands of individuals in the community benefit
from and appreciate our services. The desire to create a columbarium is a natural
extension of Calvary's demonstrated desire to provide community benefit from the
"cradle to the grave."
. Thousands of people die each year in the Twin Cities. We believe churches and cities
have a responsibility to help address the needs ofthose who die and want their bodies
buried or their cremains inumed here in the Twin Cities. If everyone chose traditional
burial, there would not be sufficient land available. An increasing large number of people
are choosing cremation, in part, because it is more environmentally friendly.
. We believe many people in our community and elsewhere will be greatly surprised and
disappointed if Golden Valley is the only city in the Twin Cities that does not permit an
outdoor memorial garden and columbarium.
The expansiveness of our master plan
The first phase will consist of one pod including three columbaria, benches, a liturgical art
decorative piece, pavers and landscaping. Each columbarium will be about six feet high, nine
feet long and two feet deep. Each of the three columbaria will contain about 72 niches. There
will also be a memorial wall located along the main pathway, which wall is not shown on the
drawing. The memorial wall will consist of a kasota stone structure much like the columbaria .
and instead of niches, individuals will be able to purchase the right to have the name and dates of
a loved one, not inumed at Calvary, inscribed on a plaque and attached to the wall. A main
walkway will serve the first pod and the walkway will be completed as funding is available.
The first phase will consist of 216 niches and if all six pods are ultimately constructed the total
number of niches would be 1,300. Weare told that these are not large numbers given the size of
Calvary and our community. Those eligible to purchase a niche shall be Calvary members, their
relatives and loved ones and other individuals actively involved at Calvary. At some point if
availability of niches becomes an issue it may be necessary to limit eligibility to Calvary
members and their immediate families.
For some the conceptual master plan for the area may seem expansive because we have chosen
to have the columbaria structures not too massive looking. We would rather have more smaller
sized columbaria located throughout the garden rather than have larger sized columbaria in a
concentrated area. This approach will be more conducive to the memorial prayer garden theme.
We want the area to be a natural and inviting setting for people to walk in and sit down for
reflection and meditation.
We are attaching photos of several area outdoor memorial prayer gardens and columbaria. Each
of them is attractive and inviting.
. Edina - Christ Presbyterian Church on Hwy 100 and 70th.
. Eden Prairie - St. Andrew Lutheran Church off ofHwy 5
. Plymouth - St. Barnabas Lutheran Church on Old Rockford Road.
In the future, the outdoor memorial gardens and columbarium at these churches will likely
expand in area.
If the Golden Valley City Council believes it necessary to limit your approval at this time, we
respectfully request that you approve the first phase described above and one other pod in a
location to be determined by Calvary.
The idea of fences for securitv reasons
Security has been a subject of much discussion during our planning. We have decided that
fencing would not be desirable for several reasons:
. It will likely do little to deter a wrongdoer intent on mischief.
. It will detract from the inviting natural setting we are working to create.
. Other Twin Cities outdoor memorial prayer gardens and columbaria have not installed
fencing. The churches chose not to and the cities did not require it.
We fully understand that the risks relating to security are the responsibility of Calvary. We
intend for all of our church property to be safe.
The proposed language of the PUD Amendment recommended by the city staff relating to
security lighting is acceptable to us.
We will make ourselves available to the City to provide additional information and answer
questions.
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Senior Pasto
Attachments: Photos
Christ Presbyterian Church - Edina
Memorial Prayer Garden & Columbarium
First Phase
St. Barnabas Lutheran Church - Plymouth
Memorial Prayer Garden & Columbarium
First Phase
St. Andrew Lutheran Church - Eden Prairie
Memorial Prayer Garden & Columbarium
First Phase
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Finance
763-593-8013/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 6, 2008
Agenda Item
6. A. Call for Public Hearing - Issuance of Revenue Bonds - Opportunity Partners, Inc. -
9/2/08
Prepared By
Sue Virnig, Finance Director
Summary
Opportunity Partners has requested that the City of Golden Valley hold a public hearing on
September 2, 2008 to approve the resolution for giving host approval to the issuance of a
revenue bond to finance housing and health care facilities. This will allow them to refinance
their loan from a taxable status to a non-taxable status. They currently own the propertiy at
1440 Maryland Avenue North. The City is required by the IRS Code and by Minnesota
Statutes Section 469.152 through 469.165 to hold a hearing for the host approval of the
revenue bonds.
Hennepin County Housing and Redevelopment Authority is issuing the bonds and host
agencies will be Crystal and Golden Valley.
The public hearing notice will appear in the SunPost on August 14 and the hearing is for
September 2 at 7 pm. Opportunity Partners will pay for all costs related to the public hearing
notice.
Attachments
Resolution Calling a Public Hearing Regarding the Issuance of Revenue Bonds for the
Benefit of Opportunity Partners, Inc. Under Minnesota Statutes, Sections 469.152 through
469.165. (3 pages)
Recommended Action
Resolution Calling a Public Hearing Regarding the Issuance of Revenue Bonds for the
Benefit of Opportunity Partners, Inc. Under Minnesota Statutes, Sections 469.152 through
469.165.
Resolution 08-34
August 6,2008
Member introduced the following resolution and moved its adoption:
RESOLUTION CALLING A PUBLIC HEARING REGARDING THE ISSUANCE OF
REVENUE BONDS FOR THE BENEFIT OF OPPORTUNITY PARTNERS, INC. UNDER
MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.165
BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota (the
"City") as follows:
Section 1. Recitals.
1.01. Minnesota Statutes, Sections 469.152 through 469.165, as amended (the
"Act"), authorizes the City to pay, purchase, or discharge all or any part of the outstanding
indebtedness of a contracting party that is an organization primarily engaged in activities
for mentally or physically disabled persons, which outstanding indebtedness was previously
incurred in the acquisition or betterment of its existing facilities.
1.02. Opportunity Partners, Inc., a Minnesota nonprofit corporation (the "Borrower")
has requested that the Hennepin County Housing and Redevelopment Authority (the
"Authority") issue revenue bonds pursuant to the Act in one or more series in the
approximate principal amount not to exceed $3,100,000 (the "Bonds") in order to finance
all or a portion of the following: (i) the redemption and prepayment of the outstanding
principal amount of the $3,528,400 Hennepin County Housing and Redevelopment
Authority Industrial Development Revenue Note (Opportunity Partners Project), Series
2001, issued by the Authority on October 4, 2001, and (ii) the refinancing of taxable
indebtedness used by the Borrower to acquire two (2) group treatment residences located
in the City and the City of Crystal, Minnesota ("Crystal"), each owned and operated by the
Borrower (collectively, the "Project").
1.03. The Borrower has also requested that the City grant host city approval for the
issuance of the Bonds to finance the Project, pursuant to the terms of a Cooperation
Agreement, dated as of September 1,2008 between the City, the Authority and Crystal.
1.04. Pursuant to Section 147(f) of the Internal Revenue Code of 1986, as
amended, prior to granting host city approval of the financing of the Project, the City is
required to conduct a public hearing with respect to the proposed financing of the Project.
Section 2. Public Hearing.
2.01. The City Council will meet at or after 7 p.m. on Tuesday, September 2,2008,
to conduct a public hearing on the Project and issuance of the Bonds therefor as requested
by the Borrower.
2.02. A notice of such public hearing must be published at least once, not less than
fourteen (14) days prior to the date fixed for the hearing in a newspaper of general
circulation in the City.
Resolution 08-34 - Continued
August6,2008
2.03. The City Finance Director is authorized and directed to publish notice of the
public hearing, in substantially the form attached hereto as EXHIBIT A, in the New Hope-
Golden Valley Sun Post, the official newspaper of the City and a newspaper of general
circulation in the City. The notice shall be published at least once, at least fourteen (14)
days prior to the date of the public hearing.
Linda R. Loomis, Mayor
ATTEST:
Susan M. Virnig, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
Resolution 08-34 - Continued
August 6,2008
EXHIBIT A
NOTICE OF A PUBLIC HEARING ON THE ISSUANCE OF REVENUE BONDS
OF THE HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY
NOTICE IS HEREBY GIVEN that the City Council (the "Council") of the City of
Golden Valley, Minnesota (the "City"), will hold a public hearing on Tuesday, September 2,
2008, on or after 7 p.m., at City Hall, 7800 Golden Valley Road, to consider a proposal that
the City approve and authorize the issuance of revenue bonds (the "Bonds"), by the
Hennepin County Housing and Redevelopment Authority (the "Authority"), in one or more
series, under the Minnesota Municipal Industrial Development Act, Minnesota Statutes,
Sections 469.152 through 469.165, as amended (the "Act"), for the purpose of: (i)
redeeming and prepaying the Hennepin County Housing and Redevelopment Authority
Industrial Development Revenue Note (Opportunity Partners Project), Series 2001 (the
"Prior Bonds"), and (ii) refinancing taxable indebtedness used to acquire two (2) group
treatment residences for people with developmental disabilities, owned and operated by
Opportunity Partners, Inc., a Minnesota nonprofit corporation (the "Borrower"), located at
1440 Maryland Avenue North in the City, and at 3812 Hampshire Avenue in the City of
Crystal, Minnesota (collectively, the "Project"). The Prior Bonds were issued to finance and
refinance sixteen (16) group treatment residences and a training and workplace facility
owned and operated by the Borrower. The Project will be owned and operated by the
Borrower. The maximum aggregate principal amount of the proposed Bonds is
$3,100,000.
Following the public hearing, the Council will consider a resolution to: (i) approve the
issuance of the Bonds by the Authority, and (ii) approve and authorize the execution and
delivery of a Cooperation Agreement, dated as of September 1, 2008 with the Authority
and the City of Crystal, Minnesota with respect to the issuance of the Bonds.
The Bonds will be special, limited obligations of the Authority and the Bonds and
interest thereon will be payable solely from the revenues and assets pledged to the
payment thereof. No Bonds or other obligations will be issued by the City. No holder of
any Bond will ever have the right to compel any exercise of the taxing power of the City to
pay the Bond or the interest thereon, nor to enforce payment against any property of the
City. Before issuing the Bonds, the Authority will enter into a revenue agreement with the
Borrower, whereby the Borrower will be obligated to make payments at least sufficient at all
times to pay the principal of and interest on the Bonds when due.
Anyone desiring to be heard during this public hearing will be afforded an
opportunity to do so.
Dated: August 14, 2008
CITY OF GOLDEN VALLEY, MINNESOTA
Susan M. Virnig, City Clerk
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Fire Department
763-593-8079 I 763-593-8098 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 6, 2008
Agenda Item
6. B. Declaration of Hazardous Building - 4032 Wayzata Boulevard
Prepared By
Mark Kuhnly, Chief of Fire & Inspections
Summary
The single residential house located at 4032 Wayzata Boulevard is abandoned as a result of
a fire on December 26,2007. The fire destroyed the garage and caused extensive damage to
the exterior and interior of the house. As a result of the damage to the house it is
uninhabitable. Minnesota Statute 463.15 subdivision 3 states that "a hazardous building or
property, which because of inadequate maintenance, dilapidation, physical damage,
unsanitary conditions or abandonment, constitutes a fire hazard or a hazard to public safety
or health." The building meets the criteria of a hazardous building. Upon Council approval the
property owner will be served this order and enforcement of this order will be made to the
District Court of Hennepin County unless corrective action is taken.
All costs of this proceeding and the removal of the hazardous condition will be charged to the
owners or assessed against the real estate pursuant to Minnesota Statute 463.21.
Attachment
Order for Removal of Hazardous Building (3 pages)
Recommended Action
Motion to order removal of the hazardous building at 4032 Wayzata Boulevard.
ORDER OF THE CITY COUNCIL
OF THE
CITY OF GOLDEN VALLEY,
HENNEPIN COUNTY, MINNESOTA
TO: BIMINIT A BERZINA
AND ANY AND ALL OTHER
PERSONS OWNING, CLAIMING A LIEN UPON,
OCCUPYING OR HAVING ANY INTEREST
WHATSOEVER IN THE PREMISES LEGALLY
DESCRIBED AS
Street Address: 4032 Wayzata Boulevard
Golden Valley, Minnesota 55422
Legal Description: Lot 12, Block 11, West Tyrol Hills
Golden Valley, Hennepin County, Minnesota
Property ID: 30-029-24-14-0045
RE:
HAZARDOUS BUILDING REMOVAL
FROM:
CITY COUNCIL, CITY OF GOLDEN VALLEY
HENNEPIN COUNTY, MINNESOTA
You and each of you are hereby ordered pursuant to the provisions of Minnesota Statutes,
Sections 463.15 to 463.261, inclusive, to take the following action with respect to the above-
described property, upon which the City Council of the City of Golden Valley has determined
there exists a hazardous building within the meaning of the aforesaid Minnesota Statutes.
REMOVAL OF HAZARDOUS BUILDING
By this Order, pursuant to Minnesota Statutes, Section 463.16, the City orders the owner
ofthe property to correct or remove the hazardous condition of the building and property.
Removal of the hazardous condition includes the following actions:
1. Remove the building/structure now located on the above-described premises.
2. Seal the sanitary sewer line, water line, and other utilities leading from the premises.
3. Fill to grade and cover any excavation remaining after the removal hereinabove ordered.
FINDINGS OF FACT
The foregoing Order is based upon the finding by the City Council of the City of Golden
Valley that the property is a hazardous building defined by Minnesota Statutes, Section 463.15
due to its "inadequate maintenance, dilapidation, physical damage, unsanitary condition, or
abandonment" and the following findings of fact based on the report of the City's Building
Inspector.
A. Inadequate Maintenance and Physical Damage:
This house was seriously damaged as a result of a fire on December 26, 2007. The fire
destroyed the garage and caused extensive damage to the exterior and interior of the house. The
house is uninhabitable.
B. Unsanitary Conditions:
The drinking water has been shut off at the street and the meter removed.
C. AbandonmentN acant Property:
This property has been abandoned since the fire on December 26, 2007.
D. Fire Hazard and Public Hazard
Due to the extensive damage to the structure, it continues to be a fire hazard and public hazard.
Due to the extensive damage and loosened plywood coverings, the building is unsecured.
IT IS FURTHER ORDERED by the City Council of the City of Golden Valley that you
have thirty (30) days from the service of this order upon you within which to comply with the
terms of this order. You are hereby notified that a motion for summary enforcement of this order
will be made to the District Court of Hennepin County, State of Minnesota, unless corrective
action is taken by the aforesaid compliance date, or unless an answer to this Order is served upon
the City of Golden Valley within twenty (20) days from the date of the service of this Order upon
000090/280006/968029_1
2
you, in the manner for service of such Answer as is provided in Minnesota Statutes, Section
463.18.
IT IS FURTHER ORDERED that all costs of this proceeding and the removal of the
hazardous condition be charged to the owners or assessed against the real estate pursuant to
Minnesota Statutes, Section 463.21.
IN WITNESS WHEREOF, pursuant to the action duly ordered by the City Council of
the City of Golden Valley on this 6th day of August, 2008, the Mayor and the City Clerk
hereunto set their hands and the seal of the City of Golden Valley, Minnesota.
Linda R. Loomis, Mayor
ATTEST:
Susan M. Virnig, City Clerk
This document drafted by:
Best & Flanagan, LLP (KXD)
225 South 6th Street, #4000
Minneapolis, MN 55402
000090/280006/968029~1
3
Hey
M morandum
Planning
763-593-8095 I 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 6, 2008
"60 Days" Deadline: September 17,2008
Agenda Item
6. C. Authorization to Sign Amended PUD Permit - North Wirth Parkway/Mortenson PUD
NO.33 - Amendment NO.1
Prepared By
Joe Hogeboom, City Planner
Summary
Mortenson Construction has requested a minor PUD amendment to allow for several
improvements to their site, located at Meadow Lane and Olson Memorial Highway. The
improvements are a result of Mortenson Construction's growth in the construction industry
and its need for improved facilities at its headquarters.
Mortenson Construction has proposed to complete six structural improvements to its facilities.
These improvements, as explained in the attached letter from the applicant, reflect
improvements to be made to building entrances, signage, and functionality. PUD No. 33 was
approved by the City Council on April 20, 1982. The purpose of the PUD was to allow for
three office buildings and one parking ramp structure. Because Mortenson Construction is
located within a PUD, all development must be consistent with the PUD permit and the plans
attached to the PUD permit. In order to allow new improvements to be made to the site, the
PUD permit must be amended.
In addition to onsite improvements, Mortenson Construction will construct a public sidewalk
along the east side of Meadow Lane, connecting to the existing sidewalk south of TH 55.
Mortenson Construction will also, in coordination with the Minnesota Department of
Transportation (MnDOT), construct a sidewalk connecting Wirth Parkway to Meadow Lane
along the north side of TH 55. These improvements will greatly improve pedestrian access
and safety in the North Wirth area.
In this case, the staff has determined that the proposed amendment may be considered as a
minor amendment to the PUD. In order to qualify as a minor amendment, the minor
amendment has to meet an eight point test. As per the qualifications of the test, the proposed
minor PUD amendment shall not:
A. Eliminate, diminish or be disruptive to the preservation and protection of sensitive site
features.
B. Eliminate, diminish or compromise the high quality of site planning, design, landscaping or
building materials.
C. Alter significantly the location of buildings, parking areas or roads.
D. Increase or decrease the number of residential dwelling units by more than five percent.
E. Increase the gross floor area of non-residential buildings by more than three percent or
increase the gross floor area of any individual building by more than five percent.
F. Increase the number of stories of any building.
G. Decrease the amount of open space by more than three percent or alter it in such a way
as to change its original design or intended function or use.
H. Create non-compliance with any special condition attached to the approval of the Final
PUD Plan.
The City Council has the right to approve the amendment by a simple majority vote without a
public hearing or to refer the matter to the Planning Commission for their input and
recommendation. The letter from Linda Morrissey, dated July 18, 2008 describes the
proposed improvements to the Mortenson Construction facilities. City Engineer Jeff Oliver,
PE, and Deputy Fire Marshal Ed Anderson have reviewed Mortenson Construction's proposal
and are comfortable with its content.
Attachments
Location Map ( 1 page)
Letter from Linda Morrissey dated July 18, 2008 (4 pages)
Memo from City Engineer Jeff Oliver dated July 31,2008 (2 pages)
Memo from Deputy Fire Marshal Ed Anderson dated July 24,2008 (1 page)
Amended PUD Permit (4 pages)
Photos of the parking ramp dated January 7,2008 through February 5,2008 (23 pages,
loose in agenda packet)
Site Plans of Mortenson Construction proposed improvements (7 oversized pages, loose in
agenda packet)
Recommended Action
Motion to authorize the Mayor and City Manager to sign the amended PUD permit for North
Wirth Parkway/Mortenson PUD No. 33, Amendment NO.1.
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July 18, 2008
Mr. Mark Grimes, AICP
Director of Planning and Development
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
M. A. Mortenson Company
700 Meadow Lane North
Minneapolis, MN 55422
main 763.522.2100
fax 763.287.5430
www.mortenson.com
Re: Minor PUD Amendment Application (PUD #33)
Dear Mr. Grimes,
As you are aware, M. A. Mortenson Company would like to make a series of improvements to our
office development located at Olson Memorial Highway and Meadow Lane North. This site was
originally developed in 1982 as Planned Urban Development #33. Our proposed improvements
require City Council approval of a minor amendment to the current PUD. We are hereby
submitting our amendment application and the required supporting documentation, and are
requesting that this issue be included on the agenda for the City Council meeting scheduled for
Tuesday, August 5, 2008. Following is a brief explanation of our proposed project and our
objectives.
When Mortenson constructed the North Wirth campus in 1982, we were a small construction
company working only in the local Twin Cities market. Since that time, we have grown into a
nationally-recognized builder with sales of over $2 billion annually. We have regional
construction offices in five major U.S. cities, and rank 2ih on Engineering News - Record's 2008
list of national contractors, based on annual revenue. We originally occupied approximately
50,000 gross square feet of space on campus, and now occupy nearly 155,000 GSF.
We have recently recognized that our current facilities are no longer representative of our position
in our industry. Also, after more than twenty-five years of use, we are finding that both the site
and the buildings themselves are in need of upgrading. As a result, we are proposing a number
of improvements that are not only functional in nature, but are also more visual or experiential.
Our objective is to create a campus that serves our team members better, improves our
customers' experience, and contributes to the surrounding neighborhood.
We are proposing several key improvements to our site:
Main Entry/On-Grade Link: Currently, the majority of external visitors coming to Mortenson are
visiting divisions of our company that are housed in 4000 Olson Memorial Highway. However,
our main entrance lobby is located in 700 Meadow Lane. Most visitors arrive at the 700 building
entrance, check-in with our receptionist and then walk to the 4000 building via the outside
sidewalk. During inclement weather, the route between buildings goes through a below-grade
tunnel, across the basement parking area, and into the lower level elevator lobby. As part of our
proposed work, we will be relocating our main entry and lobby to the 4000 building and
constructing an on-grade link between the buildings. The construction of the link will increase the
amount of enclosed space on campus by approximately 850 square feet.
Relocation of Deliveries: At this time, all deliveries to Mortenson, including U.S. mail, office
supplies and UPS/FedEx, arrive at the 700 building and travel through our main entry lobby.
Given the growth of the company, the volume of materials is significant, and traversing the main
lobby is no longer effective. We would like to reroute all incoming deliveries to the lower level
dock area of the 4000 building. In order to support this new function, we need to expand and
improve the area directly outside the building to provide short term parking for delivery vehicles.
Additionally, we are proposing to build a new mailroom inside the lower level of the 4000 building.
The exterior work associated with this change will add a few parking spaces, but the interior work
will reduce the number of parking spaces currently located inside. (See attached parking
summary.)
Team Member Amenities: As corporations work harder to attract and retain the best
employees, the ability to provide on-site amenities becomes critical. Our proposed work includes
adding an employee fitness center and locker rooms in the lower level of the 4000 building, both
of which will further reduce inside parking currently located in this area. (See attached parking
summary.)
Olson Memorial Highway Plaza and Signage: We currently have an outside plaza space along
the south side of the 4000 building, facing Olson Memorial Highway. This plaza has been
deteriorating over the past few years, primarily due to subsurface instability. We are proposing to
demolish the existing patio in its entirety and replace it with an updated patio that is simpler in
nature and better suited for the site conditions in this area. This revision will reduce the amount
of hard surface on site. Additionally, we are proposing to use aggregate-set stone paving, which
will improve the perviousness of the new hardscaped areas. Along with the plaza work, we would
like to install an upgraded signage wall that better identifies this as our office location. (This
signage will be developed in compliance with the zoning ordinance.)
New Entry/Site Landscaping: When our campus was developed in the early eighties, there was
less significance placed on the value of green space, plantings, entry sequence, and other
characteristics that are now considered valuable property assets. Accordingly, our development
effectively "turned its back" on our parks ide setting. With the relocation of our main entrance to
the 4000 building, we are proposing to provide a heavily-landscaped area between the existing
parking ramp and our new front door. This area will not only contribute to a more pleasant entry
sequence, but is also intended to bring some of the parkside features to the front of our building
and break up the current stretch of parking lot. In addition to these qualitative improvements, the
introduction of a pedestrian zone and the removal of parking at the front door should also serve to
reduce and/or slow down the traffic in this immediate area. The paving in this area will include
aggregate-set pavers. We are also proposing to add tree islands in the existing parking lot to
further break up the area and introduce more green space. These landscaped areas will reduce
the current number of parking spaces on site. (See attached parking summary.)
New Entry Feature: We also studied options to upgrade the exterior aesthetic of our buildings.
However, these options proved economically infeasible, so we have elected to add a feature
external to the building itself, highlighting our new main entry. This entry feature includes a new
vestibule outside of the current building envelope. This increases our enclosed space by
approximately 100 square feet.
The original PUD used the "proof of parking" concept. As you know, the current parking ramp is
structured to support one additional level, should it be determined that we need to provide
additional parking spaces. When completed, the entire scope of our proposed work will decrease
the number of parking spaces on campus by a total of fifty-nine, or approximately seven percent.
(See attached parking summary.) We are still able to meet the required space count by
expanding the ramp, if needed. Based on this, our current work does not materially alter this
aspect of our current PUD.
Additionally, our ongoing parking demand has not yet exceeded our supply. Although our
employee counts have increased over the years, we have continued to grow into space that has
been vacated by our tenants, so that our overall campus population has not changed significantly.
To demonstrate this point, we have included photos of our parking areas in our submittal. These
photos were taken each day for a month during January and. February, 2008. The photos
illustrate that we have unused parking spaces, on a consistent basis, in excess of our proposed
parking reduction.
The attached application further explains the proposed impact to our current PUD. The
application has also been signed by an authorized representative of the adjacent property owner
(4050 Olson Memorial Highway), as this parcel was included in the original PUD.
We look forward to sharing more about our project at the City Council meeting. Please confirm
that we will be included on the agenda for the August 5 meeting. In the meantime, if you or
others with the City require additional information, please don't hesitate to get in touch. Thanks
for your continued assistance.
,Sin;r~Y,_ ~
~~~ana ~
MORTENSON CONSTRUCTION
PUD #33
PARKING SUMMARY
July 18. 2008
EXISTING PARKING TOTALS
Ramp 454
Surface parking 327
4050 building (enclosed) 28
4000 building (enclosed) 31
840
PROPOSED PARKING TOTALS
Ramp 452
Surface parking 280
4050 building (enclosed) 28
4000 building (enclosed) 13
Loading dock (4000 area) --1!
781
alley
emorandum
Public Works
763.593.8030 I 763.593.3988 (fax)
Date:
July 31,2008
From:
Mark Grimes, Director of Planning and Development
Jeff Oliver, PE, City Engineec4
REVISED Planned Unit oev~t No. 33, Amendment 1
North Wirth Parkway, Mortenson
To:
Subject:
Public Works staff has reviewed the proposed minor Planned Unit Development (PUD)
amendment tor the North Wirth 1 sl Addition, PUD 33. The PUD is located north of Trunk
Highway 55, west of Wirth Parkway, and east of Meadow Lane North.
Mortenson Construction has proposed connecting two of the buildings that it owns,
creating an entrance plaza, modifying an existing patio area, and performing a mill and
overlay on the surface parking lots.
The proposed PUD amendment does not include any significant modifications to the
site circulation, traffic generation or municipal utilities.
The properties in this PUD amendment must comply with the City's inflow and infiltration
ordinance. Therefore, inspection of the buildings sanitary sewer systems must be
performed and any defects to the services must be corrected, as outlined in citycode.
As part of this PUD amendment, the developer will be required to provide pedestrian
connections between its building, the existing sidewalk on Meadow Lane/Dahlberg
Drive, the Metro Transit bus stop at Highway 55, and the existing trail system at Wirth,.
Parkway. The developer must submit a revised site plan that includes the locations of
the sidewalks to be constructed with the PUD.
The pedestrian connections within public right-ot-way must be constructed to City
standards and will be maintained by the City. All pedestrian facilities outside the public
right-of-way will be maintained by the developer.
This PUD is within the main stem sub-district of the Bassett Creek Watershed. The PUD
must comply with the Bassett Creek Watershed Management Commission's (BCWMC)
Requirements for Improvements and Development Proposals. Therefore, the grading
G:\Developments - Privale\Mortenson PUD 33\MinorAmend 072908.doc
and erosion control plans for the project must be submitted to the BCWMC for review
and comment.
This development is also subject to the City's Grading, Drainage and Erosion Control
Ordinance. Therefore, the developer will be required to submit a Grading, Drainage and
Erosion Control Plan, prepared to the City's specifications, for review and comment.
Following approval of the grading plan by City staff, the proposal can be submitted to
the BCWMC for its review. The City will not issue its permit for the project until the
BCWMC has approved the submittal.
Summarv and Recommendations:
Public Works staff recommends approval of this proposed minor PUD amendment
based upon the following conditions:
1. The applicant must submit a revised site plan illustrating the pedestrian
connections discussed in this review.
2. The applicant must comply with the City's Grading, Drainage and Erosion Control
Ordinance, including submittal of a grading plan as discussed in this review.
3. Approval is subject to the review and comments of the Bassett Creek Watershed
Management Commission.
4. Subject to the developer having inflow and infiltration inspections performed, and
receiving certificates of compliance for both buildings.
5. Approval is also subject to the review of other City staff.
Please feel free to call me if you have any questions.
C: Jeannine Clancy, Director of Public Works
Mark Kuhnly, Chief of Fire and Inspections
Gary Johnson, Building Official
AI Lundstrom, Environmental Coordinator
Eric Eckman, Public Works Specialist
G:\Developments . Private\Mortenson PUD 33\MinorAmend 072908.doc
~lley
Memorandum
Fire Department
763-593-8079 I 763-593-8098 (fax)
To:
Mark Grimes, Director of Planning & Zoning
From:
Ed Anderson, Deputy Fire Marshal
Subject: PUD-33 Minor Amendment #1, North Wirth Parkway
Date: July 24, 2008
cc: Mark Kuhnly, Chief of Fire & Inspections
The Golden Valley Fire Department staff has reviewed the application packet for the PUD-33 Minor
Amendment #1 North Wirth Parkway located at 700 Meadow lane and 4000 Olson Memorial
Highway. The plan review comments for this minor amendment will be focusing on the site for the re-
construction and remodeling of the front entrance of the building and the adjacent parking lot and
roadway.
1. The fire department apparatus access road through the parking lot shall be a minimum of 20'
in unobstructed width.
2. The turning radius for the fire apparatus access road shall be in accordance with the
Minnesota State Fire Code.
3. The installation of 'No Parking Fire lane" signs with stationary posts shall be in accordance
with the City of Golden Valley city ordinance.
4. landscaping materials shall not obstruct any fire hydrant, fire department connection or any
other fire protection system control valves in a manner that would prevent such equipment or
fire hydrants from being immediately used. The fire department should not be deterred or
hindered from gaining immediate access to the fire protection equipment or fire hydrant.
5. The proposed road surface for the proposed site shall be designed and maintained to support
the imposed loads of fire apparatus and shall be surface so as to provide all-weather driving
ca pa bilities.
If you have any questions, please contact me at 763-593-8065 or eanderson@ci.Qolden-vallev.mn.us.
North Wirth Parkway PUD No. 33
City Council Approval: April 20, 1982
Amendment #1 City Council Approval: AUQust 6. 2008
City of Golden Valley, Minnesota
Use Permit
for
Planned Unit Development
Project Name:
North Wirth Parkway PUD No. 33
Location:
650 and 700 Meadow Lane North and 4000 and 4050 Olson
Memorial Highway
Lot 1, Block 1, North \^!irth Parkway 1st Addition
North Wirth Parkway 2nd Addition PUD No. 33. Block 1, Lots 1-5
Legal Description:
Applicant:
M.A. Mortenson Company Mortenson Construction
Address:
700 Meadow Lane North
Golden Valley, MN 55440
Owner:
M./\. Mortenson Company Mortenson Construction
Address:
700 Meadow Lane North
Golden Valley, MN 55440
Zoning District:
Business and Professional Offices
Permitted Uses:
The following uses are allowed in the development:
A. Three (3) office building structures comprising a total of 286,739 square feet of office
space.
B. One (1) parking ramp structure up to 3 levels accommodating 734 cars.
Components:
A. land Use Component:
1. Land uses within P.U.D. #33 shall be limited to those uses indicated on the
approved Site Plan prepared by Armstrong, Torsoth, Skold and Rydeen. Incl. dated
January 13. 1982 and revised January 25, 1982. RSP Architects dated July 8, 2008
(Site Plan -A001). Principal uses shall be two four-story and one eight-story office
buildings and a three-level parking ramp.
Use Permit - P.U.D. #33
Page 2
2. Parking for P.U.D. #33 shall consist of 734 UP to 730 parking ramp spaces in a three
level ramp, W 49 building basement parking spaces, and ~ 280 on-site parking
spaces for a total of ~ 1059 parking spaces as shown on the approved Site Plan
prepared by Armstrong, Torseth, Skold and Rydeen, Inc., dated January 13, 1982
and revised January 25, 1982. RSP Architects dated July 7. 2008 (Site Plan-A001 ).
3. Landscaping, as shown on the approved Landscape Plan prepared by Robert A.
Close, dated June 29, 1981 and revised March 1, 1982, shall be completed within
210 days follO\\'ing completion and occupancy of tho third building. The revised
landscape plan prepared by RSP Architects and dated July 8. 2008 (PlantinQ Plan
L0001) shall become a part of this approval.
11. /\ landscape bond has been posted in the amount of $115,000 and shall run for t'.\'o
(2) full grO\ving seasons after planting and until released by the Golden Valley
Inspection Department.
&: 1. Special precautions shall be taken during and after construction to protect against
erosion, silting, excessive grading, or any other conditions detrimental to the area.
Grading and excavation for footings and other construction needs shall be done in a
manner so as to avoid dirt storage, disturbing of trees, or other activities beyond the
prescribed construction limits. All public utilities must be protected during
construction or removed and replaced.
B. Circulation Component:
1. Interior sidewalks and concrete curb and gutter shall be located where shown on the
approved Site Plan prepared by Armstrong, Torseth, Skold and Rydeen, Inc., dated
January 13, 1982 and revised January 25, 1982.
2. Interior concrete curbs shall be constructed within the property lines to separate
driving and parking surfaces from landscaped areas. Interior curbs shall not be less
than six (6) inches in height. Sidewalks and curbs shall be designed to
accommodate the handicapped.
3. Mortenson will provide a sidewalk alonQ the east side of Meadow Lane North from.
TH55 to DahlberQ Drive; and a sidewalk alonQ TH55 from Wirth Parkway to Meadow
Lane North. The sidewalk plans shall be approved by the City EnQineer and
constructed by July 2009.
C. Subdivision Component:
1. The described property shall be platted in accordance with the approved Preliminary
Plat prepared by Schoell and Madson, Inc., dated December 1, 1981 and revised
March 1,1982, and the plat name shall include "P.U.D. #33".
2. The Final Plan shall be filed within six (6) months after the date of the Council action
giving final approval to the PUD Permit.
Use Permit - P.U.D. #33
Page 3
D. Services and Facilities Component:
1. Water and sanitary sewer service lines shall be installed, owned and maintained by
the owner or owners.
2. All utilities shall be underground.
3. All mechanicals on roof or ground shall be screened with Inspection Department
approval.
4. The structure and grading shall meet all the requirements of the Golden Valley Fire
Marshal, Engineering Department and Sanitarian.
5. All waste generated by the occupancy shall be stored internally until removed from
the premises.
6. The Developer shall comply with the recommendations found in the memo to Mark
Grimes from City Enqineer Jeff Oliver, PE dated July 31, 2008.
7. The Developer shall comply with the recommendations found in the memo to Mark
Grimes from Deputy Fire Marshal. Ed Anderson dated July 24. 2008.
8. All applicable state. local and federal requirements shall be met including the City's
building. landscapinq and fire codes.
9. All siqns must meet the requirements of the City's siqn ordinance.
E. Construction Order Component:
Development shall be completed in two phases as follows:
1. Phase 1 construction shall include a first building two stories in height, a second
building six stories in height, a third building four stories in height and a two-level.
parking ramp.
2. Phase 2 construction shall include expansion of the first building from two to four
stories, expansion of the second building from six to eight stories, and expansion of
the parking ramp from two to three levels, with the third building remaining at the
Phase 1 height of four stories.
F. Maps and Reports:
1. The architect or engineer in charge of the project, who shall be registered in the
State of Minnesota, shall provide as a minimum monthly written reports for each
phase of the construction process.
Use Permit - P.U.D. #33
Page 4
2. The architect or engineer in charge of the project, who shall be registered in the
State of Minnesota, shall inspect the site during construction. When the project is
completed, the registered architect or engineer shall certify in writing to the Building
Department of the City of Golden Valley that the project has been constructed in
conformity with all approved plans applicable to the subject PUD.
It is hereby understood and agreed that this Use Permit is a part of the City Council
approvals granted on March 2, 1982 and AUQust 6. 2008 relative to Planned Unit
Development #33.
MORTENSON CONSTRUCTION
Witness:
By:
Title:
Date:
CITY OF GOLDEN VALLEY
Witness:
By:
Linda R. Loomis, Mayor
Date:
Witness:
By:
Thomas D. Burt, City Manager
Date:
Warning: This permit does not exempt you from all other City Code provisions,
regulations and ordinances.
alley
Memo urn
Planning
763-593-8095/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 6, 2008
Agenda Item
6. D. First Consideration - Ordinance #404 - Amendment to Section 4.20 - Adding Language
Regarding 1-394 Mixed Use Zoning District Signage
Prepared By
Joe Hogeboom, City Planner
Summary
With the creation of the 1-394 Mixed Use Zoning District, a corresponding ordinance must be
adopted to establish a sign code specific to the 1-394 Corridor. A sign code has been created
to reflect the mixed use vision and language used in the 1-394 Mixed Use Zoning District.
The proposed sign code allows signage specific to various land uses to coexist within the
1-394 Corridor. Once adopted, a signage plan must be submitted and approved at the time of
site plan review. Existing signage in the 1-394 Corridor will be allowed to remain in place as a
non-conforming use. Properties may not be rezoned into the 1-394 Mixed Use Zoning District
prior to the adoption of this sign code ordinance.
Attachments
Ordinance No. 404, Amendment to Section 4.20 - Adding Language Regarding 1-394 Mixed
Use Zoning District Signage (5 pages)
Recommended Action
Motion to adopt on First Consideration, Ordinance No. 404, Amendment to Section 4.20 -
Adding Language Regarding 1-394 Mixed Use Zoning District Signage.
ORDINANCE NO. 404, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amendment to Section 4.20 - Adding Language Regarding
1-394 Mixed Use Zoning District Signage
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Section 4.20, subd. 9, is amended by adding a new paragraph
J as follows:
J. 1-394 Mixed Use Zoning District
1. A signage plan must be submitted and approved at the time of site plan review or
consideration for a conditional use permit as provided in the City Code Section
11.48. The approved signage plan shall determine all future sign installation until
and unless the site plan is amended with a new and approved signage plan that
is in conformance with the sign ordinance in effect at the time of submission of
the amended plan.
2. Temporary signs.
a. Real estate signs. The following limits apply:
32 s
64 s
b. Construction signs. The following limits apply:
1 Single-use 164 s~. ft.
Mixed-use . 96 s _' ft
c. Garage Sale signs are permitted for single-use Multiple Dwellings.
d. The sign surface area shall not exceed seventy-five percent (75%) of the
permanent sign surface area allowed.
3. Permanent signs. (See permanent sign total allowance chart)
Single use
1 public or private street
frontage = 50 sq. ft.
2 public or private street
frontages = 100 sq. ft.
3 public or private street
frontages = 150 sq. ft.
4 public or private street
Total Maximum = 50 sq. ft. if there is frontages = 200 sq. ft.
Residential at least 6 lots or dwelling units Total Maximum = 200 sq. ft.
Institutional
1 public street frontage = 50 sq. ft.
2 public street frontages = 82 sq. ft.
3 public street frontages = 114 sq. ft.
4 public street frontages = 136 sq. ft.
Total maximum = 136 s . ft.
1 public street frontage = 50 sq. ft.
2 public street frontages = 82 sq. ft.
3 public street frontages = 114 sq. ft.
4 public street frontages = 136 sq. ft.
Total maximum = 136 s . ft.
Commercial,
Office, Hotel,
and Industrial
Mixed use
1 public street frontage = 50 sq. ft.
2 public street frontages = 82 sq. ft.
3 public street frontages = 114 sq. ft.
4 public street frontages = 136 sq. ft.
Total maximum = 136 s . ft.
Total Maximum = 64 sq. ft.
Wall signs are allowed on up to
four elevations.
Total Maximum = 300 sq. ft.
Wall signs are allowed on up to
four elevations. No one sign
can exceed 100 s . ft.
Maximum of 200 sq. ft. of wall
sign surface area for anyone
tenant.
Ground level: 2 sq. ft. per
linear ft. Maximum of one sign
per building elevation occupied
by the tenant.
Above ground level:
Maximum of two signs per
elevation. Maximum sign
surface is the same as is
allowed for the occupying use
as a sin Ie use.
a. Additional design standards applicable to all uses.
1) Signs shall be integrated with the architectural elements of a building.
2) Illuminated signs shall utilize indirect lighting.
b. Freestanding Identification Signs. Freestanding identification signs are
allowed for all permitted and conditional uses.
1) Types permitted.
a) Monument signs are permitted for all uses. Monument signs must be of
compatible design and materials as the principal building on the lot.
b) Pylon signs are permitted only within four hundred (400) feet of 1-394.
One (1) pylon sign per property is allowed. Pylon signs cannot exceed
twenty-five (25) feet in height.
2) Minimum Setbacks.
a) Front. The minimum setback for any portion of a freestanding sign is
ten (10) feet from any public street right-of-way. No portion of a
freestanding sign is allowed in a right-of-way or easement.
b) Side and Rear. No portion of a freestanding identification sign may be
located closer than five (5) feet from a side or rear property line.
3) Maximum Sign Surface Area and Number of Signs. The total amount of
freestanding sign surface area and number of signs allowed is calculated
and distributed in the following way:
a) Fifty (50) sq. ft. of sign surface is allowed for the first public street
frontage.
b) Thirty-two (32) sq. ft. of sign surface area is allowed for each additional
public street frontage.
c) The total sign surface area can be divided between any number of
freestanding signs on the property. No one (1) sign can exceed fifty
(50) sq. ft.
4) Minimum separation. The minimum separation between two (2)
freestanding identification signs is one hundred (100) feet.
c. Building Signs. (signs attached to the building)
1) General regulations.
a) Building signs are allowed for permitted, accessory, and conditional
uses.
b) The total amount of building sign surface area allowed for each use is
to include an accumulation of all wall, projecting, suspended awning,
and canopy signs.
c) The amount of sign surface area for projecting, suspended, awning,
canopy, or window signs will be subtracted from the amount of sign
surface area allocated for wall signs.
d) Multiple tenant buildings:
1) Ground level tenants may locate signs only on the ground level.
2) All other tenants may locate signs only on the top level.
3) Signs should be primarily located in the top quadrant of the
prescribed level.
d. Wall Signs.
1) General Regulations.
a) The linear measurement of any wall sign must not exceed eighty
percent (80%) of the linear frontage of the applicable fagade of the
building.
b) All wall signs on a building must be of similar design including wall
signs on different elevations.
c) Signs located on a window may occupy no more than fifty percent
(50%) of the total area of the window.
2) Single Uses
a) Residential Uses (Uses permitted in the Residential Zoning District).
One (1) wall sign of up to fifty (50) square feet is allowed.
b) Institutional Uses (Uses permitted in the Institutional Zoning District).
Single use institutional properties are allowed a total of sixty-four (64)
sq. ft. of sign surface area. Wall signs are allowed on up to four (4)
elevations.
c) Commercial, Office, Hotel, and Industrial/Light Industrial uses (Uses
permitted in the Commercial, Business and Professional Office,
Industrial, and Light Industrial Zoning Districts). A total of three
hundred (300) sq. ft. of sign surface area is allowed. Wall signs are
allowed on up to four (4) elevations. No one (1) wall sign may exceed
one hundred (100) sq. ft. There is a maximum of two (2) signs per
building elevation.
3) Other Uses Including Accessory Retail and Service Uses Mixed with
Residential, Institutional, Hotel, Office, Industrial, or Light Industrial Uses.
a) The maximum sign surface area allowed for residential, institutional,
hotel, or office uses when combined with other uses is the same as
prescribed for single uses. A maximum of two (2) signs per elevation
above the ground level is allowed.
b) The ground level of a mixed use building is allowed a total wall sign
surface area not to exceed two (2) square feet for each linear foot per
building elevation. Each tenant on the ground level is allowed one (1)
wall sign per building elevation occupied by the tenant. A maximum of
two hundred (200) sq. ft of wall sign surface area for anyone (1) tenant
on the ground level is allowed.
e. Projecting and Suspended Signs.
1) One (1) pedestrian oriented projecting or suspended sign with up to twelve
(12) square feet of sign surface area is permitted per exterior public
entrance to a building.
2) Projected or suspended signs must be at least eight (8) feet above the
walking surface.
3) Projecting or suspended signs must not project more than five (5) feet
from the building or structure.
f. Awning and Canopy Signs.
1) The linear measurement of the sign on the awning or canopy must not
exceed eighty percent (80%) of the linear frontage of the awning or
canopy.
2) No awning or canopy is allowed above the first floor of the building or
twelve (12) feet above grade, whichever is lower.
3) Awnings or canopies must clear sidewalks by at least eight (8) feet and
may extend to within one (1) foot of the vertical plane formed by the curb
or the right-of-way line.
g. Window Signs. Window signs are permitted for all uses.
Section 2. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 4.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though
repeated verbatim herein.
Section 3. This Ordinance shall take effect after its publication as required by law.
Adopted by the City Council this _ day of August, 2008.
IslLinda R. Loomis
Linda R. Loomis, Mayor
ATTEST:
IslSusan M. VirniQ
Susan M. Virnig, City Clerk
Hey
ora dum
Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 6, 2008
Agenda Item
6. E. Proposed Revisions to City Code, Sections 3.30 and 3.31, Allowing Private Inspections,
and Clarifying Rules and Regulations Relating to Sanitary Sewer Service
Prepared By
Jeannine Clancy, Director of Public Works
Summary
It is recommended that the following revisions be made to the City Code Sections 3.30 and
3.31, Inflow and Infiltration Ordinance:
1. That infiltration is called out as an unlawful discharge; and
2. That private contractors are permitted to perform inspections of sanitary sewer
services; and
3. That a property owner who disconnects an illegally connected foundation drain provide
a sump basket and pump that is discharged outside of the building structure so that
damage to the building foundation does not occur; and
4. That fees are established for the review of the video record completed by a private
licensed plumber. The fee for reviewing the residential video record will be $100 and
review for non-residential video record will be $375.
It is also recommended that the following be adopted as part of the ordinance revision:
1. Amendment of City Code Chapter 1 entitled, General Provision and Definitions
Applicable to the Entire City Code Including Penalty for Violation, and Section 3.99,
"Violation a Misdemeanor", to include language declaring it unlawful for another
person to aid and abet another person to violate the City Code; and
2. Adopting Chapter 1 of the Code declaring it a misdemeanor to make false or untruthful
statements when making an application or certification relevant to the City Code.
Attachments
Section 3.30: Rules and Regulations Relating to Sanitary Sewer Service (4 pages)
Section 3.30: Rules and Regulations Relating to Sanitary Sewer Service, marked up version
(3 pages)
Section 3:31: Contractual Contents (3 pages)
Section 3:31: Contractual Contents, marked up version (3 pages)
Ordinance No. 405, Amendment to Chapter 1 Providing Penalties for Fraudulent Statements
and Amendments to Chapter 3 Regarding Private Contractors Permitted to Perform Sanitary
Sewer Service Inspections and Violations Provision (3 pages)
Ordinance No. 406, Amendment to the Master Fee Schedule for Sanitary Sewer Inspections
and Compliance Fees (1 page)
Recommended Action
Motion to adopt No. 405, Amendment to Chapter 1 Providing Penalties for Fraudulent
Statements and Amendments to Chapter 3 Regarding Private Contractors Permitted to
Perform Sanitary Sewer Service Inspections and Violations Provision on its first
consideration.
Motion to adopt the Ordinance No. 406, Amendment to the Master Fee Schedule for Sanitary
Sewer Inspections and Compliance Fees on its first consideration.
9 3.30
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 or infiltrate into the sanitary sewer system as a
result of defective plumbing or a defective lateral sewer service. Dwellings,
buildings and structures with sump pumps or footing tiles or drains shall have a
permanently installed discharge line which shall not at any time discharge water
into the sanitary sewer system, except as provided herein. A permanent installation
shall be one which provides for year-round discharge capability to either the outside
of the dwelling, building or structure, or is connected to a city storm sewer or
draintile. It shall consist of a rigid discharge line without valving or quick
connections for altering the path of discharge or a system otherwise approved by
the Director of Public Works.
A. Any person, firm or corporation having a roof surface, ground water sump
pump, footing tile or drain, swimming pool, cooling water or unpolluted
industrial process water now connected and/or discharging into the sanitary
sewer system shall disconnect or remove the same. Any disconnects ef,
openings, or defects in the sanitary sewer system shall be closed or repaired
in an effective, workmanlike manner with the proper permits and inspected
by a representative of the City. If a City draintile or storm sewer system is
available to the property these discharges may be connected to it. If a public
system is not utilized, these discharges must be accommodated on the
owner's property.
B. Any property owner or consumer applying for a plumbing permit (excluding
permits for water heaters), variance, minor subdivision or other action from
the City shall agree to an inspection of the structure's sump pump, footing or
foundation drain discharge for compliance with this code. All inspections and
Golden Valley City Code
Page 1 of4
9 3.30
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 thirty (30) days after mailed
written notice from the City that the property is subject to inspection, furnish
a certificate from a licensed plumber in a form acceptable to the City,
certifying that the property is in compliance with this Chapter. All inspections
and inspection reports must include a date-stamped video record of the
complete lateral line from the property to the sewer main. All inspections
must be performed and reports completed in accordance with City standards
and specifications. In lieu of having the City inspect the property, the owner
may furnish a certificate from a licensed plumber in a form acceptable to the
City, certifying that the inside of the property owner's home is in compliance
with this Chapter, that the licensed plumber completing the certification was
the individual who performed the inspection, that he or she is licensed to
perform such inspections, and that the video record of the lateral line is
accurate. The date-stamped video record shall be submitted to the City and
reviewed and approved by the City for assessment of compliance with this
section of the Code. The City may inspect or re-inspect any buildings to
confirm there is no sump pump or other prohibited_discharge into the
sanitary sewer system with a valid warrant.
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 thirty (30) days after receipt of mailed written
Golden Valley City Code
Page 2 of 4
9 3.30
notice from the City, or failing to furnish a certificate certifying compliance
with is Chapter from a licensed plumber in a form acceptable to the city as
described in subdivision 3, sections (B) and (C), that property shall be
subject to a nonrefundable surcharge of five hundred (500) dollars per
month, to be imposed on each sewer bill thereafter to that property until the
noncompliance or refusal to allow entry is corrected. All properties found
during any re-inspection to have violated this section shall be subject to a
nonrefundable monthly surcharge that is double the previously charged
surcharge. The nonrefundable surcharge for all properties which are not
single family residential shall be one thousand (1,000) dollars per month.
F. In the event a foundation drain is connected to the sanitary sewer service it
shall not only be disconnected but the property owner shall install a sump
basket and pump properly discharged outside the structure to provide
adequate drainage from the foundation drain system.
Subdivision 4. Winter Discharge
The Director of Public Works is authorized to permit a property owner to discharge
clear water into the sanitary sewer system. Prior to issuance of the permit the
Director of Public Works must verify that the criteria to issue the permit have been
satisfied. The fee for this permit shall be in an amount to be fixed by the Council
and adopted by ordinance. The permit shall authorize such discharge only from
November 15 to March 15, shall require the owner to permit an inspection of the
property on March 16 or as soon thereafter as possible to determine that discharge
into the sanitary sewer has been discontinued and shall subject the owner to a five
hundred (500) dollar monthly non-refundable surcharge in the event the owner
refuses an inspection or has failed to discontinue the discharge into the sanitary
sewer. The non-refundable charge will commence with the April water billing and
continue until the property owner establishes compliance with this section. A
property owner is required to meet at least one 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.
Golden Valley City Code
Page 30f4
93.30
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.
Golden Valley City Code
Page 4 of4
9 3.30
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
syste m.
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 or infiltrate into the sanitary sewer system as a
result of defective plumbing or a defective lateral sewer service. Dwellings,
buildings and structures with sump pumps or footing tiles or drains shall have a
permanently installed discharge line which shall not at any time discharge water
into the sanitary sewer system, except as provided herein. A permanent installation
shall be one which provides for year-round discharge capability to either the outside
of the dwelling, building or structure, or is connected to a city storm sewer or
draintile. It shall consist of a rigid discharge line without valving or quick
connections for altering the path of discharge or a system otherwise approved by
the Director of Public Works.
A. Any person, firm or corporation having a roof surface, ground water sump
pump, footing tile or drain, swimming pool, cooling water or unpolluted
industrial process water now connected and/or discharging into the sanitary
sewer system shall disconnect or remove the same. Any disconnects 6f,
openings, or defects in the sanitary sewer system shall be closed or repaired
in an effective, workmanlike manner with the proper permits and inspected
by a representative of the City. If a City draintile or storm sewer system is
available to the property these discharges may be connected to it. If a public
system is not utilized, these discharges must be accommodated on the
owner's property.
B. Any property owner or consumer applying for a plumbing permit (excluding
permits for water heaters), variance, minor subdivision or other action from
the City shall agree to an inspection of the structure's sump pump, footing or
foundation drain discharge for compliance with this code. All inspections and
Golden Valley City Code
Page 1 of 4
S 3.30
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 improved real estate th<lt disch<lrgcs into the City's to
which sanitary sewer system service is provided shall allow the City or a
designated representative of the City to inspect the buildings, if any, to
confirm there is no sump pump or other prohibited discharge into the
sanitary sewer system. In lieu of having the City inspect such property, the
owner may no later than thirty (30) days after mailed written notice from the
City that the property is subject to inspection, furnish a certificate from a
licensed plumber in a form acceptable to the City, certifying that the property
is in compliance with this Chapter. All inspections and inspection reports
must include a date-stamped video record of the complete lateral line from
the property to the sewer main. All inspections must be performed and
reports completed in accordance with City standards and specifications. In
lieu of having the City inspect the property, the owner may furnish a
certificate from a licensed plumber in a form acceptable to the City, certifying
that the inside of the property owner's home is in compliance with this
Chapter, that the licensed plumber completing the certification was the
individual who performed the inspection, that he or she is licensed to perform
such inspections, and that the video record of the lateral line is accurate. The
date-stamped video record shall be submitted to the City and reviewed and
approved by the City for assessment of compliance with this section of the
Code. The City may inspect or re-inspect any buildings to confirm there is no
sump pump or other prohibited discharge into the sanitary sewer system
with a valid warrant.
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
Golden Valley City Code
Page 2 of4
9 3.30
to be re-inspected within thirty (30) days after receipt of mailed written
notice from the City, or failing to furnish a certificate certifying compliance
with is Chapter from a licensed plumber in a form acceptable to the city as
described in subdivision 3. sections (B) and (C), that property shall be
subject to a nonrefundable surcharge of five hundred (500) dollars per
month, to be imposed on each sewer bill thereafter to that property until the
noncompliance or refusal to allow entry is corrected. All properties found
during any re-inspection to have violated this section shall be subject to a
nonrefundable monthly surcharge that is double the previously charged
surcharge. The nonrefundable surcharge for all properties which are not
single family residential shall be one thousand (1,000) dollars per month.
E. 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 five
hundred (500) dollar monthly non-refundable surcharge in the event the owner
refuses an inspection or has failed to discontinue the discharge into the sanitary
sewer. The non-refundable charge will commence with the April water billing and
continue until the property owner establishes compliance with this section. A
property owner is required to meet at least one 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.
Golden Valley City Code
Page 3of4
93.31
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
Golden Valley City Code
Page 1 of 3
9 3.31
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 (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.
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.
B. A security to ensure completion of any corrections to the property must be
posted with the closing agent in the form of an escrow, or with the City when
a closing agent is not involved, at the time of property transfer or closing.
The security shall be in an amount at least equal to one hundred twenty-five
percent (125) of the retail value of the work necessary for compliance with
this Section. The escrow must be fully maintained until a certificate of 1&1
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.
Golden Valley City Code
Page 2 of 3
9 3.31
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 1&1 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.
Golden Valley City Code
Page 3 of 3
9 3.31
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;:lkc application
.9.QQ.1y for Stt€l9- 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 requesting 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. The certificate of I & I compli;:lnce m;:ly only be used for property
tr;:lnsfer by the owner n;:lmed on the ccrtific;:lte or the owner's leg;:ll
representative.
Golden Valley City Code
Page 1 of 3
9 3.31
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 (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.
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.
B. A security to ensure completion of any corrections to the property must be
posted with the closing agent in the form of an escrow, or with the City when
a closing agent is not involved, at the time of property transfer or closing.
The security shall be in an amount at least equal to one hundred twenty-five
percent (125) of the retail value of the work necessary for compliance with
this Section. The escrow must be fully maintained until a certificate of 1&1
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.
Golden Valley City Code
Page 2 of 3
93.31
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 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 1&1 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.
Golden Valley City Code
Page 3 of 3
ORDINANCE NO. 405, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amendment to Chapter 1 Providing Penalties for Fraudulent Statements
and Amendments to Chapter 3 Regarding Private Contractors Permitted to
Perform Sanitary Sewer Service Inspections and Violations Provision
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, Subdivision 3, is amended by adding the following to the
first sentence thereof:
... .or infiltrate into the sanitary sewer system as a result of defective plumbing or a
defective lateral sewer service.
Section 3. Section 3.30, Subdivision 3, subpart A, is amended by changing the
second sentence to read:
Any disconnects, openings or defects in the sanitary sewer system shall be closed
or repaired in an effective, workmanlike manner with the property permits and inspected by
a representative of the City.
Section 4. 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 5. 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 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.
Section 6. 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 7. Section 3.30 of the City Code, Subdivision 2, subpart F, is added as
follows:
F. In the event a foundation drain is connected to the sanitary sewer service it
shall not only be disconnected but the property owner shall install a sump
basket and pump properly discharged outside the structure to provide
adequate drainage from the foundation drain system.
Section 8. 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 9. 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
entire property and all buildings on the property shall be made available for
inspection.
Section 10. Section 3.31, Subdivision 4, subpart B, is amended by deleting the
second sentence thereof.
Section 11. 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 12. Section 3.31, Subdivision 4, subpart D, 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 13. 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 14. Section 3.99 is amended by changing it to read as follows:
Section 3.99. Violation a Misdemeanor. Every person violates a section, subdivision,
paragraph or provision of this Chapter when such person performs an act thereby
prohibited or declared unlawful, or fails to act when such failure is thereby prohibited
or declared unlawful, or aids and abets another person in doing the same, and upon
conviction thereof, shall be punished as for a misdemeanor except as otherwise
stated in specific provisions hereof.
Section 15. 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 16. This Ordinance shall take effect from and after its passage and
publication as required by law.
Adopted by the City Council this _ day of August, 2008.
Is/Linda R. Loomis
Linda R. Loomis, Mayor
ATTEST:
Is/Susan M. Virnig
Susan M. Virnig, City Clerk
ORDINANCE NO. 406, 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 August, 2008.
IslLinda R. Loomis
Linda R. Loomis, Mayor
ATTEST:
IslSusan M. Virnig
Susan M. Virnig, City Clerk
alley
em randum
Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 6, 2008
Agenda Item
6. F. Proposed Revisions to City Code, Sections 10.51 and 10.52, Weeds and Long Grass
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 parcel of land. This year alone, staff has issued 64 notices of
violations to Section 10.51 regarding lawn maintenance. Ofthose noticed, 19 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 the following revisions be made to Sections 10.51 and 10.52 of
the City Code:
1. Reference Section 10.51 Subdivision 58: That the following language be included:
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 violation without providing specific notice of violation.
Please note that Council suggested that language be included to double the fee
assessed to mow properties upon their second violation in a mowing season. That fee
will be placed in the fee ordinance for consideration by Council in December 2008. If
approved, it would be effective in 2009.
2. Reference Section 10.52, Prohibition Regarding Phosphorous Containing Fertilizers: it
is proposed that portions of 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. Furthermore, this section has been revised to refer to application of fertilizers
and pesticides, which remains a water quality concern.
Attachments
Section 10.51: Lawn Maintenance (4 pages)
Section 10.51: Lawn Maintenance, marked up version (1 pages)
Section 10.52: Application of Fertilizers and Pesticides (2 pages)
Section 10.52: Application of Fertilizers and Pesticides, marked up version (2 pages)
Ordinance No. 407, Amending Section 10.51 Regarding Lawn Maintenance Notifications and
10.52 Regarding Application of Fertilizers and Pesticides (1 page)
Recommended Action
Motion to adopt the Ordinance No. 407, Amending Section 10.51 Regarding Lawn
Maintenance Notifications and 10.52 Regarding Application of Fertilizers and Pesticides on
first consideration.
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.
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 of4
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 3of4
9 10.51
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. For properties for which there have been two (2) or
more notices issued within the prior twelve (12) month period, a mailed
notice is not required. For those properties, the second notice issued within a
twelve (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.
Golden Valley City Code
Page 4 of 4
9 10.51
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. For properties for which there have been two (2) or
more notices issued within the prior twelve (12) month period, a mailed
notice is not required. For those properties, the second notice issued within a
twelve (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.
Golden Valley City Code
Page 4 of4
9 10.52
Section 10.52: Application of Fertilizers and
Pesticides
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. Impervious Surfaces and Drainage Ways. No person shall apply fertilizer to
impervious surfaces, drainage ditches, or waterways.
C. 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.
Golden Valley City Code
Page 1 of 2
Subdivision 4. Penalty
Any person violating this section shall be guilty of a petty misdemeanor.
Golden Valley City Code
9 10.52
Page 2 of 2
9 10.52
Section 10.52: Prol=libition Regarding
Phosphorous Containing Fertilizers Alwlication
of Fertilizers and Pesticides
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. 5<Jmple An<Jlysis Cost. The cost of <In<Jlyzing fertilizer s<Jmples t<Jken from
commerci<J1 <Jpplic<Jtors shall be p<Jid by the commerci<J1 Zlpplic<Jtors if the
s<Jmple <In<Jlysis indic<Jtes th<Jt phosphorous content exceeds the levels
authorized herein.
Golden Valley City Code
Page 1 of 2
9 10.52
C Prohibition Reg<Jrding Phosphorous Content In Fertilizers. No person sh<J1I
<Jpply <Jny 1<J'lin fertilizer, liquid or gr<Jnul<Jr, .....ithin the City of Colden V<Jlley
which cont<Jins <Jny <Jmount of phosphorous or other compound cont<Jining
phosphorous, such <JS phosph<Jte, except:
1. The n<Jtur<Jlly occurring phosphorous in un<Jdulter<Jted n<Jtur<J1 or org<Jnic
fertilizing products such <JS 'y'<Jrd '''~<Jste compost.
2. Or <JS otherwise provided in Subdivision 4 hereof.
S;- .6.. Impervious Surfaces and Drainage Ways. No person shall apply fertilizer
to impervious surfaces, drainage ditches, or waterways.
E-;- .c. 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.
Subdhfision 4. Exemption To I'hespherotls Prohibition
The prohibition <Jg<Jinst use of fertilizer cont<Jining <In)' qU<Jntity of phosphorous
under Subdivision 3 sh<J11 not <Jpply to:
k--Ne'v\'ly est<Jblished turf <Jnd l<Jwn <Jre<Js during first growing sC<Json; or,
-8-; Turf <Jnd l<Jwn <Jre<Js which h<Jve been confirmed by soil testing to be belo'vV
phosphorous levels est<Jblished by the University of ~1innesot<J Extension
Services. The l<Jwn fertilizer <Jpplic<Jtion sh<J1I not cont<Jin <In <Jmount of
phosphorous in excess of th<Jt '....hich is recommended in the soil test
eV<Jlu<Jtion.
~rhosphorous <Jpplied <JS l<Jwn fertilizer pursu<Jnt to the <Jforementioned
exemptions sh<J1I be '....<Jtered into the soil so th<Jt it is immobilized <Jnd
protected from loss by runoff.
Subdivision 54. Penalty
Any person violating this section shall be guilty of a petty misdemeanor.
Golden Valley City Code
Page 2 of 2
ORDINANCE NO. 407, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Section 10.51 Regarding Lawn Maintenance Notifications and
10.52 Regarding Application of Fertilizers and Pesticides
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Section 10.51, sub. 5(8) is amended by adding the following
sentence to the end of the paragraph:
"For properties for which there have been two or more notices issued within
the prior twelve (12) month period, a mailed notice is not required. For those
properties, the second notice issued within a twelve (12) month period shall
contain a general notice that the City may abate future violations without
providing additional specific notice of violation."
Section 2. City Code Section 10.52 is amended hereby by changing the title to read
as follows:
"SECTION 10.52. APPLICATION OF FERTILIZERS AND PESTICIDES"
Section 3. City Code Section 10.52, subds. 3(8) and 3(C) are amended by deleting
these subsections and renumbering 3(D) and 3(E) to 3(8) and 3(C) respectively.
Section 4. City Code Section 10.52, subd. 4 is amended by deleting this subdivision
and renumbering Subdivision 5 to Subdivision 4.
Section 5. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 10.99
entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
Adopted by the City Council this _ day of August, 2008.
IslLinda R. Loomis
Linda R. Loomis, Mayor
ATTEST:
IslSusan M. Virniq
Susan M. Virnig, City Clerk