agenda packet (entire)
AGENDA
Regular Meeting
of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
August 19, 2008
6:30 p.m.
The Council may consider item numbers 1, 2, 3, 4, 6 and 7
prior to the public hearings scheduled at7:00 p.m.
1. CALL TO ORDER
A. Roll Call
B. Board/Commission Oath of Office and Presentation of Certificate of Appointment
C. Presentation of Award for Council Step To It Challenge
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 and Council/Manager
Meeting - August 12, 2008
B. Approval of Check Register
C. Licenses:
1. General Business Licenses
2. Solicitor's License - Metropolitan Marketing Concepts
3. Solicitor's License - Metro Construction
4. Solicitor's License - Minnesota Window and Siding Inc.
5. Solicitor's License - Capstone Bros. Contracting Inc.
6. Gambling License Exemption and Waiver of Notice Requirement - AccessAbility, Inc.
7. Gambling License Exemption and Waiver of Notice Requirement - Rotary Club of
Bloomington Noon
D. Minutes of Boards and Commissions:
1. Planning Commission - June 23, 2008
2. Civil Service Commission - February 4, 2008
3. Human Services Foundation - July 14, 2008
4. Bassett Creek Water Management Commission - June 19, 2008
4. PUBLIC HEARINGS 7:00 PM
5. OLD BUSINESS
A. Second 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
Violation Provisions and Second Consideration - Ordinance #406 - Amendment to
the Master Fee Schedule for Sanitary Sewer Inspections and Compliance Fees
B. Second Consideration - Ordinance #407 - Amending Sections 10.51 Regarding
Lawn Maintenance Notifications and 10.52 Regarding Application of Fertilizers and
Pesticides
alley
M mo du
Planning
763-593-8095/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 19, 2008
Agenda Item
1. C. Presentation of Award for Council Step To It Challenge
Prepared By
Joe Hogeboom, City Planner
Summary
Last spring, the City of Golden Valley participated in Hennepin County's physical fitness-
oriented Step To It Challenge. In the challenge, residents and employees in Golden Valley
were encouraged to compete for the highest number of steps taken with other Hennepin
County cities.
In addition to this community-wide competition, the Golden Valley City Council challenged the
Saint Louis Park City Council to a personal competition. The Golden Valley City Council
claimed victory over Saint Louis Park, averaging a total of 2,491,626 steps. To recognize this
achievement, Hennepin County Commissioner Mark Stenglein will present an award to the
Council.
alley
mora um
Finance
763-593-8013 I 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 19,2008
Agenda Item
3. B. 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.
alley
oran
Inspections
763-593-8090 I 763-593-3997 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 19, 2008
Agenda Item
3. C. 1. General Business Licenses
Prepared By
Kathryn Pepin, Administrative Assistant
Summary
As per City Code, some businesses are required to be licensed by the City. Listed below are
the License Number, Applicant, License Type and Fee of those who have submitted an
application for approval.
#3438
Saturn of Golden Valley
801 Louisiana Avenue South
New/Used Vehicle Dealers
$400.00
#3450
Jaguar/Landrover Mpls.
8905 Wayzata Boulevard
New/Used Vehicle Dealers
$400.00
#3442
Lejeune Investment
d/b/a Carousel Porsche
9191 Wayzata Boulevard
New/Used Vehicle Dealers
$400.00
Recommended Action
Motion to authorize the issuance of licenses as recommended by staff.
alley
Me ora dum
City Administration/Council
763-593-8002 I 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 19, 2008
Agenda Item
3. C. 2. Solicitor's License - Metropolitan Marketing Concepts
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 Metropolitan Marketing Concepts.
;z
.
I
/\107
I\~
~<'~
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
, dCJ
TO: Golden Valley City Council Fee Paid: $ 5D ~
7800 Golden Valley Road Number. of Persons: 7 .- I
Golden Valley, MN 55427 Type of license Requested: ~
Enclose the sum of $ 0~ for c:;- (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.
;4Je-~A)(;'kV\ A..,..k:>.-\i~ {~Ckph
(Business o~ Individual Name to be icensed) I
?lo') ( J-t'" V'4-- P
(Address, including City, State and Zip Cod
'/(~ j... )'fl.s>" '157 J
(Telephone Number, including Area Code)
NOW, THEREFORE, ..- I-!-clhdl hereby makes application for the
i (Applicant Name)
period of $}~/* through 6/30/.cEf' subject to the conditions and provisions of said City Code.
ak~
(Signature of Applicant/Principal Officer)
v/3. 1+ 53 l.{-OOl.ft"-'Id-/ 0'- OJ...
(Photo 10 Verification)
REQUIRED LICENSE INFORMATION
Applicant (if diJe.!ifnt from aboYr): , I
Name ,~\Nl ttc \K?~l
Address Lu 7C-(~ I S~" fRd) Ii?: I{;(J~ l d) ~Cf~
(Include City, State and Zi~ Code)
Telephone Number (including area code)
Date of Birth (if an individual)
Business Name of Applicant
Address
(Include City, State and Zip Code)
Define Business
(Corporatio, roprietorship, Pa~nershjp, etc.; State of Incorporation)
Description of goods or services for sale (include prices) or indicate if soliciting donations. If more
space is needed, attach additional sheets (be specific):
~lI\^< -:rv.,.fV'el~lA:i- 'f'~~ .?~l;+tof~)
NOTE: If the products for sale are changed or modified, you must give the City complete
information regarding such change or modification.
~
f
If the Peddler or Solicitor is so engaged on behalf of an organization, supply:
Name of Organization
~f~~ kvL\,~ {~
tfqo) (In~I~~ityi'2a~iPc!~~c~rL,/~v ~(
Address of Organization
Telephone Number (Including Area Code)
?(p~- "/4(0- q~?S
Define Business
-I,
(Corporation, roprietorship, Partnership, etc.; State of Incorporation)
List the names and addresses of EACH person who will be peddling or soliciting on behalf
of said organization in the City, or, in the alternative, the name, address and telephone
number or numbers where a responsible person of said organization will maintain a list of
names and addresses of all persons engaged in peddling or soliciting in the City:
46-- . LkrvJ.(
:i~t~ 'F~~
l' of I ~f."
~~, t^~+
990') ($~'" ~ Jl/
<fq,,) I ~ A,... :
~io) (~M ~
7'70) otk ~ vi.)
7~tJ} I ~ 1"'" .AI
fl ~)V-t'f;'\, /'1 tA.J tt'"t't {
~~~"^~ ~-v ~'Ii(
f~ ~v. tl., I ~ ~ '1 {
~t~~~: ~
(If more space is needed, attach additional sheets)
STATE OF (hlNtJ1f>4"fl1' )
) ss.
COUNTY OF J-lt1VN1JIV )
I, M~Vv\ ~_[~l
(Officerllndividual)
of J1JY'OO"t.~+-~ ~~~~ ~
(NJrr; 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/Principa'- - !fica,) .
JUDITH A. NALLY
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31,2010
Hey
Mom
City Adm i nistration/Counci I
763-593~8002/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 19, 2008
Agenda Item
3. C. 3. Solicitor's License - Metro Construction
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 Metro Construction.
:.
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 Fee Paid: $ )0
7800 Golden Valley Road Number. of Persons: ~ . . . I
Golden Valley, MN 55427 Type of License Requested: 51) 11uh~
Enclose the sum of $ "2.,0 for { (number) peddlers/solicitors as required by City Code
of the City of Golden ~ have complied with all the requirements of said Code necessary
for obtaining this license.
MeTRo Cc')~cc:r,6rv
(Business or Individual Name to be Licensed)
\'10 OO\JGLA5 ve ~. C;&~ VA-(Ir~ ( fY\~ S-~t\-::4L
(Address, including City, State and lip Code) (
llo3,L{(8...QQ1 g.
(Telephone Number, including Area Code)
NOW, THEREFORE, .".^-n.1:m. 0~ I\.Wv'Q h~erebY makes application for the
. (Applicant Name)
10 f 67 through 6/30/4 subject to the conditions and provisions of said City Code.
(Signature of Applicant/Principal Officer)
F L L IOO-1I3-b ;-/3 (- 0
(Photo 10 Verification)
REQUIRED LICENSE INFORMATION
Applicant (if different from above):
Name
Address } 1 \ () Ucv~lA~ l:>Q.. ~ 5J12; I 00 GOl1>etJ V/h...LCC,lj (Y),J $S1?Z.
(Include City, State and Zip Code) I
Telephone Number (including area code) I ~~ .- 4- '18' - qq 1l(
Date of Birth (if an individual)
Business Name of Applicant Me."T1C.O c...o~Sl1C~T'Od\J
Address
,(Include City, State and Zip Code)
Define Business CD o-<<....~ ~ -r? &J / W YtJ'Ml ~ b
(Corporation, Proprietorship, Pa~nership, 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):
r
CoAJS 77Z v cn-r oAJ
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
V\^-O-hD
~V\.st( J~O~
,
Address of Organization
(Include City, State and Zip Code)
Telephone Number (Including Area ~~~ _ L{1~ __ q C( 7 <t
Define Business
Go{Lrf
(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:
_..rtle.D GIVU--~A ,13bOO Co\lAM.~c..{; fCW'D. ~c7r;11.5 Mill,. '5'537'1
325 -~C:,?- CoISB
(If more space is needed, attach additional sheets)
STATE OF rh tWVUtr1fY )
) ss.
COUNTY OF fH)JrvtP/tJ )
I, Ctlters Love
(Officer/I ndividual)
of fYle-rJeo ~S'"]1Q~-r'CJ.0
(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 i . and belie ,an as to such matters,
he/she believes them to be true.
,2008
JUDITH A. NALLY
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31, 2010
alley
Mem randum
City Administration/Council
763-593-8002/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 19, 2008
Agenda Item
3. C. 4. Solicitor's License - Minnesota Window and Siding Inc.
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 Minnesota Window and Siding Inc.
Fru.: CITY IF 6O.DEH VAllEV
783 513 BUlB
03/14/2001 10:11
1754 P, 0011002
Application and fee must be submitted to the CttyManager's Office the Wednesday prior to the City
Council Meeting. Council Meetings are normally held the ftr8t and third Tuesday of each month.
ON
TO: Golden Valley City Council Fee Paid: $ ~ V
7800 Golden Valley Road Number. of Persons: (fJf/!;i;? d .
Golden Valley, MN 55427 Type of Ucense Requested: .\ b liL~#}:s
2K{)O .'1
Enclose the stirn of $;l V . for --d:::.- (number) peddlers/solicitors as required by City Code
of the City of Golden Valley and have complied with aU the requirements of said Code necessary
for obtaining this l~.
t'vltAA:l~t:Y~v$-.tftlft'J p.)1 ~(){)u) ....,.. S 10 I NC- t: tV C- ~
(Business or.tnannau- '_h_ -- .~, ~
. illO tJl)c)q/2-$ j)r,'v~ >>_..#;l9C!) ~{c(~_" (),fi<ly/ M,v' $S</";J.:L
(Add..., including City,State and ZIp COqe) "
7~ 3-.5l.f~ ,- O-5;<luS . _ - --..,
(Telephone Number, including Area Code)
NOW, THEREFORE, Cl ;e./)-I (t... /Jf!!-.t ~ Q 0 L L hereby makes application for the
i (Applicant Name)
period of ?t 7/ () t. through 6130/0'1. subject to the conditions and provisions of said City Code.
X (~cipaIOfflcer) ~~,!!::!:l,.qb{(P m1l1
REQ~IRED LlCE~SE INFORMATION
Applicant [If different from above):
Name
Address
(Include City, State and Zip Code)
Telephone Number (jnctuding area code)
Date of Birth (if an indMdual)
Business Name of Applicant
Address
(Include City I State and Zip Code)
C()Y{)Mrh~
(Corporation,~i~pa~rshiPI etc.; State of Incorporation)
Description of goods or &erVice8 for sale (include prices) or indicate if soliciting donations. If more
space is needed, attach additional sheets (be specific):
5n/;Ctj'?I)-1't1'V\ p..p -p-x.ffr/-vv repA.,r 5erVtCe, tzt'c;r/A/(-/ cS/J)/PG-I
AfrO W 1/1/ [){) w..r
I
Define Business
NOTE: If the products for sale are changed or modified. you must give the City complete
infotmation AJg8I"ding such change or modtfioation.
7h<C,4C,1()40
01/1</?()()R ??:07
RRr.RTVRO FROM: 7n~~q~Rl0q
#O?44-001
from:CITY OF 60LDEN VALLEY
763 593 8109
03/14/2008 10:11
1154 P.002/002
If the Peddler or Solicitor is so engaged on behalf of an organization, supply:
Name of Organization (VII rJ JA,) 6"$'o-rA w 1 AJ (.:) 0 W J1--IJ n S 1 () t A.J G-
Address of Organization t (' l 0 . D t> t:'Gy l ~$ f) f' ; v-.e.. :::d=;L<t; () G-ofJ eA D ~ Ie '-1/ frl /I\:J
(Include City, State and Zip Code)
Telephone Number (Including Area Code)
7(0::5 -5 cfs-- '0 S 4-~
Define Business W ~ d & v-> S s ~d: f'..
(Corporation, roprietorship, artnership, 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:
Ge..r z..r-J
D~7
(If more space is needed, attach additional sheets)
STATE OF )11 ~ " VI. -€-s 6f' '2.-)
tJ \.. ) ss.
COUNTY OF l~~fl f\) "
z;~ of /"IllY cU{N,OOWIf-,UO ~{/JMJG--:;rA)(!,
(Officerllndlvidual) (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.
~
~ure of AppJicantIPrincipal Officer)
Subscribed and swom to before me this
7 day of A~1(.);f- .200 r-
~~//
(Signature) /-
EVELYN K. GENERAUX
NOTARY PUBLIC. MINNESOTA
My Commission Expires Jan. 31, 2010
763511530110
03/13/2008 22:07
RECEIVED FROM: 7635938109
#02L1L1-002
alley
emora dum
City Administration/Council
763-593-8002 I 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 19,2008
Agenda Item
3. C. 5. Solicitor's License - Capstone Bros. Contracting Inc.
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 Capstone Bros. Contracting Inc.
'~)
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
,
0&
TO: Golden Valley City Council Fee Paid: $ ~ ~
7800 Golden Valley Road Number, of Persons: t I' ..in_
Golden Valley, MN 55427 Type of license Requested: FOlIU10Y:\
Enclose the sum of $ "30 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,
~ ~ .15: a.I~
(Business or Individual Name to be L censed)
~tj5l/Y- f~~~ ~Vr MJ/tlk. filA). 550ft
(A ress including City, State and Zip Code) {
~ -~
lepl1 ne Number, including Area Code)
NOW, THEREFORE, S)4w~ tf..lI/I hereby makes application for the
)?1. (Applicant Name)
period of r;;o ~hrough 6/30/61' subject to the conditions and provisions of said City Code.
he.
Applicant/Principal Officer)
MN fZ?-l ~l ~ 7lT~ 5 y-{ I
(Photo 10 Verification)
REQUIRED LICENSE INFORMATION
Applicant (]f..pjfferent from abo'W~:
Name (2tJ4-vJAJ 8~
Address /5'00 ~ 1-1 f!rpl/e,. .&//e /aAJ.e N.AJ. 5~1 /
(Include City, State and Zip Code)
Telephone Number (including al"!'~.Ile)&.$d W <1-1 ~.;2~
Date of Birth (if an individual) .,;;J/S7...t!.Q' -
Business Name of Applicant C"'fJSIP~e /?~. (1,IU~IrA<J k.
Address;Il/dl/5" ddx;'A"lF, !,4ktA11e #p5'?oVV
(Include City, State and Zip Code)
Define Business ~ b,.J
oration, Proprietorship, Pa~nership, etc.; State of Incorporation)
Description of goods or services for sale (include prices) or 'ndi
space is needed, attach additional sheets (be specific):
8tt.fk~5
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 ~~~ 5~,-') {]d~~ f~
Address of Organization ;It/?15 ~)'AA,;e Uh/h;!k/,Afp 55~'t'1/
(Include City, State and Zip Code) ,
T~~)n~~3b~,f~ding Area Code)
Define Business .. ~et)f2fot.4/- l,();-J
(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:
/3Mv.J;J te#f-
bOO c5et>f4- 6~CJk, &/le &A).e /WN bbCY/1
, /
(If more space is needed, attach additional sheets)
STATE OF 1flfVVN~)
COUNTY OF f/Vv'wr-1 ss.
I, c5h~AJ tf!/fIJl-
(Officerll ndividual)
of
elflY/P~ ,&pS- ~I-/~~t,
(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, an as to such matters,
he/she believes them to be true.
or
,20
JUDITH A. NALLY
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31, 2010
alley
Me ndum
City Administration/Council
763-593-8006/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 19, 2008
Agenda Item
3. C. 6. Gambling License Exemption and Waiver of Notice Requirement - AccessAbility, Inc.
Prepared By
Judy Nally, Administrative Assistant
Summary
AccessAbility, Inc. is a non-profit organization that provides immediate jobs and training for
people that want to work, but due to serious personal challenges, need more support to be
successful. As per State Statute organizations that conduct gambling within the City limits
have to submit an application for a lawful gambling permit to the State after the permit has
been approved or denied by the City. Depending upon the timing of the permit the applicants
may request the City to waive the 30-day waiting period.
Attachments
Application for Exempt Permit (2 pages)
Letter from AccessAbility, Inc. requesting waiver of 30 day waiting period (1 page)
Recommended Action
Motion to receive and file the gambling license exemption and approve the waiver of notice
requirement for AccessAbility, Inc.
Minnesota Lawful Gambling
LG220 Application for Exempt Permit
An exempt permit may be issued to a nonprofit organization that:
. conducts lawful gambling on five or fewer days, and
, · ,awards lessthan$50,000inprizes ~urin~acalendar year.
Fee is $50 for
each event
Page 1 of 2 6/08
For Board Use Only
Check#
$
'.AccessAbility, Inc.
Type of nonprofit organization. Check (""> one.
D Frate.mal D Religious D Veterans
Mailing address City
360 Hoover Street NE Minnea
Name"of'chief executive officer (CEO)
X-33S86
liD Other nonprofit organization
State/Zip Code County
MN 55413 Henne in
Daytime phone number
* Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status.
_ NonprofitArticles of Incorporation OR a current Certificate of Good Standing.
Don't have a copy? This certificate must be obtained each year from:
Secretary of State, Business Services Div., 180 State Office Building, S1. Paul, MN 55155 Phone: 651-296-2803
+ Internal Revenue Service -IRS income tax exemption [501(c)] letter in your organization's name.
J. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer
contact the IRS at 877-829-5500.
_Internal Revenue Service - Affiliate of national, statewide, or international parent nonprofit organization (charter)
If your organization falls under a parent organization, attach copies of QQ!h of the following:
a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and
b. the charter or letter from your parent organization recognizing your organization as a subordinate.
-4-lnternal Revenue Service. proof previously submitted to Gambling Control Board
If you previously submitted proof of nonprofit status from the Internal Revenue Service, no attachment is required.
Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place)
Metropolitian Ballroom
Address (do not use PO box) City
. 541&Ma: zata Blvd. ,Golden Valle
Date(s)(ia6tivity (for raffles, indicate the date of the drawing)
Zip Code
11'; 55416
County
Check th~66xbr boxes that indicate the type of gambling activity your organization will conduct:
D *Bingo Ii] Raffles D *Paddlewheels D *Pull-Tabs D *Tipboards
* Gambling equipment for pull-tabs, bingo paper, tipboards, and paddlewheels must
be obtained from a distributor licensed by the Gambling Control Board.
EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed
from another organization authorized to conduct bingo.
To find a licensed distributor, go to www.gcb.state.mn.us and click on List of Licensed
Distributors, or call 651-639-4076.
LG220 Application for Exempt Permit
Page 2 of 2
6/08
If the gambling premises is within city limits,
the city must sign this application.
Check (..J) the action that the city is taking on
this application.
J The application is acknowledged with no waiting period.
_The application is acknowledged with a 30 day waiting
period, and allows the Board to issue a permit after 30
days (60 days for a 1st class city).
_The application is denied.
Print city name Gd/dell U4' llilt
/
On ehalf of the city, I acknowledge this application.
'igna re of ity pe sonn I ceiving application
Date <t I Jl::.J o?
If the gambling premises is located in a township, both
the county and township must sign this application.
Check (..J) the action that the county is taking on
this application.
_The application is acknowledged with no waiting period.
_The application is acknowledged with a 30 day waiting
period, and allows the Board to issue a permit after 30
days.
_The application is denied.
Print county name
On behalf of the county, I acknowledge this application.
Signature of county personnel receiving application
Title
Date-l_I_
TOWNSHIP: On behalf of the township, I acknowledge that the
organization is applying for exempted gambling activity within the
township limits. [A township has no statutory authority to approve
or deny an application [Minnesota Statute 349.213, subd. 2)]
Print townShip name
Signature of township official acknowledging application
Date
The information provided in this application is complete and ccurate to the best of my knowledge. I acknowledge that
the financial reporl will be completed d returned to the oa withi 30 days of the date of our gambling activity.
Date~ /h cJ) g/
Chiefexecutiveofficer'ssignatu~e .
Complete an application for ea ambing activity:
. one day of gambling activity
. two or more consecutive days of gambling activity
. each day a raffle drawing is held
Send application with:
a copy of your proof of nonprofit status, and
$50 application fee for each event.
Make check payable to "State of Minnesota."
To:
Gambling Control Board
1711 West County Road S, Suite 300 South
Roseville, MN 55113
Dati privacy. This form will be made available
in altemative format (Le. large print, Braille) upon
request. The information requested on this
form (and any attachments) will be used by the
Gambling Control Board (Board) to determine
your qualifications to be involved in lawful
gambling activities in Minnesota. You have the
right to refuse to supply the information
requested; however, if you refuse to supply
this information, the Board may not be able to
determine your qualifications and, as a
consequence, may refuse to issue you a
permit. If you supply the information requested,
Financial report and recordkeeping
required
A financial report form and instructions will be
sent with your permit. Within 30 days of the
activity date, complete and return the financial
report form to the Gambling Control Board.
Questions?
Call the Licensing Section of the Gambling
Control Board at 651-639-4076.
the Board will be able to process your
application. Your name and and your
organization's name and address will be public
information when received by the Board. All
the other information you provide will be private
data until the Board issues your permit. VIttlen
the Board issues your permit, all of the
information provided to the Board will become
public. If the Board does not issue a permit, all
information provided remains private, with the
exception of your name and your organization's
name and address which will remain public.
Private data are available to: Board members,
Board staff whose work requires access to
the information; Minnesota's Department of
Public Safety; Attorney General; Commissioners
of Administration, Finance, and Revenue;
Legislative Auditor, national and intemational
gambling regulatory agencies; anyone pursuant
to court order; other indMduals and agencies
that are specifically authorized by state or
federal law to have access to the information;
indMduals and agencies for which law or legal
order authorizes a new use or sharing of
information after this Notice was given; and
anyone with your consent.
08/12/2008 14:37 FAX 6123312448
ACCES ABILITY
I4l 001
~~
Access:Ability
Incorporated
360 HOOVI~( St(eet NE.
Minneapolis. IVIN 55413"2940
p. 612 331 5958
f. 612 331 2448
August 12, 200S
www.acce.Sl;lbi lity.o (9
Ms. Judy Nally
Administrative Assistant
City of Golden Valley
7800 Golden valley Rd.
Golden valley, MN
Dear Judy:
AccessAbiIil.y, Il1c is hosting a fundraiser to celebrate our 60th Year Anniversary,
Dancing through Decades, at the Metropolitian Ballroom in Golden Valley on Sunday,
September 28tll, 2008. We respectfully request that the City Council waive the customary
3D-day waiting periOd for the exemption for the lawful gambling pennit required for this
type of event.
Thank you.
Siucerely, ,
jdn." 1;'
i/{tLt /) a /l~
an Marso
evelopme Officer
alley
Memorand m
City Administration/Council
763-593-8006 I 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 19, 2008
Agenda Item
3. C. 7. Gambling License Exemption and Waiver of Notice Requirement - Rotary Club of
Bloomington Noon
Prepared By
Judy Nally, Administrative Assistant
Summary
As per State Statute organizations that conduct gambling within the City limits have to submit
an application for a lawful gambling permit to the State after the permit has been approved or
denied by the City. Depending upon the timing of the permit the applicants may request the
City to waive the 30-day waiting period.
Attachments
Application for Exempt Permit (2 pages)
Letter from Rotary Club of Bloomington Noon requesting waiver of 30 day waiting period
(1 page)
Recommended Action
Motion to receive and file the gambling license exemption and approve the waiver of notice
requirement for Rotary Club of Bloomington Noon.
Minnesota Lawful Gambling
LG220 Application for Exempt Permit
An exempt permit may be issued to a nonprofit organization that:
· conducts lawful gambling on five or fewer days, and
· awards less than ~~~,OOO in pri~~~^d~r~n.~,(;lcal~^~~~~]~ar.
Fee is $50 for
each event
~.' > .'.'._,'.'.Mh ~M~."~.','
Page 1 of 2 6/08
For Board Use Only
Check #
$
Previous gambling permit number
- 2- 7D5"2 -Db - 001
0Zf Other nonprofit organization
StatelZip Code County
MN S~I2- D~Co
Daytime phone number
12. -730-(7';)
...
* Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status.
_ NonprofitArticles of Incorporation OR a current Certificate of Good Standing.
Don't have a copy? This certificate must be obtained each year from:
Secretary of State, Business Services Div., 180 State Office Building, Sf. Paul, MN 55155 Phone: 651-296-2803
_ Internal Revenue Service -IRS income tax exemption [501 (c)] letter in your organization's name.
Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer
contact the IRS at 877-829-5500.
_Internal Revenue Service - Affiliate of national, statewide, or international parent nonprofit organization (charter)
If your organization falls under a parent organization, attach copies of both of the following:
a. IRS letter showing your parent organization is a nonprofit 501 (c) organization with a group ruling, and
b. the charter or letter from your parent organization recognizing your organization as a subordinate.
ilnternal Revenue Service - proof previously submitted to Gambling Control Board
If you previously submitted proof of nonprofit status from the Internal Revenue Service, no attachment is required.
Check the box or boxes that indicate the type of gambling activity your organization will conduct:
rp *Bingo ~ Raffles D *Paddlewheels D *Pull-Tabs D *Tipboards
* Gambling equipment for pull-tabs, bingo paper, tipboards, and paddlewheels must
be obtained from a distributor licensed by the Gambling Control Board.
EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed
from another organization authorized to conduct bingo.
To find a licensed distributor, go to www.gcb.state.mn.us and click on List of Licensed
Distributors, or call 651-639-4076.
LG220 Application for Exempt Permit
Page 2 of 2
6/08
If the gambling premises is within city limits,
the city must sign this application.
Check ('oJ) the action that the city is taking on
t this application.
4l-The application is acknowledged with no waiting period.
_The application is acknowledged with a 30 day waiting
period, and allows the Board to issue a permit after 30
days (60 days for a 1 st dass city).
_The application is denied.
Print city name roo/den Ifa/j~
o behalf of the city, acknowledge this application.
ign iure cit p-e n I iving application
Date~/L, O~
If the gambling premises is located in a township, both
the county and township must sign this application.
Check (..J) the action that the county is taking on
this application.
_The application is acknOwledged with no waiting period.
_The application is acknowledged with a 30 day waiting
period, and allows the Board to issue a permit after 30
days.
_The application is denied.
Print county name
On behalf of the county, I acknowledge this application.
Signature of county personnel receiving application
Title
Date---1_'_
TOWNSHIP: On behalf of the township, I acknowledge thatthe
organization is applying for exempted gambling activity within the
township limits. [A township has no statutory authority to approve
or deny an application [Minnesota Statute 349.213, subd. 2)]
Print township name
Signature of township official acknowledging application
Chief executive officer's signature
Complete an application for each gambin
. one day of gambling activity
. two or more consecutive days of gambling
. each day a raffle drawing is held
Send application with:
. a copy of your proof of nonprofit status, and
. $50 application fee for each event.
Make check payable to "State of Minnesota."
To: Gambling Control Board
1711 West County Road B, Suite 300 South
Roseville, MN 55113
Data privacy. This form will be made available
in aIIernative fonnat (i.e. large print, Braille) upon
request The infonnation requested on this
form (and any attachments) will be used by the
Gambling Control Board (Board) to determine
your qualifications to be involved in lawful
gambling activities in Minnesota. You have the
right to refuse to supply the information
requested; however, if you refuse to supply
this information, the Board may not be able to
determine your qualifications and, as a
consequence, may refuse to issue you a
permit. If you supply the information requested,
Financial report and record keeping
required
A financial report form and instructions will be
sent with your permit. Within 30 days of the
activity date, complete and return the financial
report form to the Gambling Control Board.
Questions?
Call the Licensing Section of the Gambling
Control Board at 651-639-4076.
the Board will be able to process your
application. Your name and and your
organization's name and address will be public
information when received by the Board. All
the other information you provide will be private
data until the Board issues your permit. When
the Board issues your permit, all of the
information provided to the Board will become
public. If the Board does not issue a permit, all
information provided remains private, with the
exception of your name and your organization's
name and address whJch will remain public.
Private data are available to: Board members,
Board staff whose work requires access to
the information; Minnesota's Department of
Public Safety; Attorney General; Commissioners
of Administration, Finance, and Revenue;
LegislativeAuditor, national and international
gambling regulatory agencies; anyone pursuant
to oourl order; other individuals and agencies
that are specifically authorized by state or
federal law to have access to the information;
individuals and agencies for which law or legal
order authorizes a new use or sharing of
information after this Notice was given; and
anyone with your oonsent.
July 22, 2008
Ms. Judy Nally
Administrative Assistance
City of Golden Valley
7800 Golden Valley Rd
Golden Valley, MN 55427
Dear Judy:
The Rotary Club of Bloomington Noon will host its annual fundraiser, the Harold Larson
Party at the Golden Valley Golf and Country Club on Saturday. November 15th, 2008.
We respectfully request that the City Council waive the customary 30-day waiting period
for the exemption for lawful gambling permit for this type of event.
Regular Meeting of the
Golden Valley Planning Commission
June 23, 2008
A regular meeting of the Planning Commission was held at the Golden Valley City Hall,
Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, June
23, 2008. Vice Chair Waldhauser called the meeting to order at 7 pm.
Those present were Planning Commissioners Cera, Eck, Kluchka, McCarty, Schmidgall
and Waldhauser. Also present was Director of Planning and Development Mark Grimes,
City Planner Joe Hogeboom, Environmental Coordinator AI Lundstrom and Administrative
Assistant Lisa Wittman. Chair Keysser was absent.
1. Approval of Minutes
June 9, 2008 Regular Planning Commission Meeting
Eck noted several typographical errors.
MOVED by Eck, seconded by Cera and motion carried unanimously to approve the June
9,2008 minutes with the corrections noted by Eck.
2. Continued Item - Minor Subdivision - Lots 11 &12, Block 3, Glen Urban Addition
- SU09-13
Applicant: DiGiacomo Homes
Address: Lots 11 & 12, Block 3, Glen Urban Addition
Purpose: The subdivision would create three separate lots to allow for the
construction of three new homes
Waldhauser reminded the Commission that this subdivision request was tabled at their
May 28, 2008 meeting in order to obtain further information regarding the City's tree
preservation requirements and to get an update on a drainage study that was done in the
area in the past.
Grimes stated that the City's Environmental Coordinator, AI Lundstrom is available to talk
to the Planning Commission about the City's tree preservation requirements. He referred
to the updated drainage study done by SEH Consulting and stated that they don't feel that
the proposed development would cause any significant changes to the existing storm
water issues however, they do recommend that best management practices are followed.
He suggested that a condition of approval be added regarding the requirement of a rain
garden, infiltration basin or some sort of water retention system.
Eck stated that he was disappointed that Lundstrom's memo regarding tree preservation
requirements didn't address the interconnected root issue and how oak wilt could spread
from tree to tree. He said he spoke with Mr. Lundstrom about oak wilt and was told that it
could be an issue in April, Mayor June but that the beetle that causes oak wilt is dormant
Minutes of the Golden Valley Planning Commission
June 23, 2008
Page 2
after June. He stated that at their previous meeting for this proposal there was concern for
the large, old oak trees in this area. He added that those oak trees were there before the
houses that exist there now were built so it has to be possible to build houses without
wiping out all the oak trees.
Waldhauser said she would like more information regarding the tree inventory. Lundstrom
explained that there is no requirement for the applicant to do a tree inventory for this type
of development. He stated that the applicant has provided a very preliminary, informal
tree inventory, but more detailed information will be required when the applicant applies
for building permits.
Waldhauser asked Lundstrom if he could comment on the oak trees in the area and how
many could possibly be removed or damaged with this development. Lundstrom
explained that the amount of trees removed or damaged depends on the footprint and
location of the proposed houses on the lots. He stated that he has had discussions with
the applicant about the potential development and he feels it is feasible to build under the
current tree preservation requirements. There will be impacts, but they can be minimized.
He explained that oak wilt is always a concern in development and redevelopment. He
explained that if a tree is wounded in April, Mayor June it should be treated with wound
dressing to help prevent oak wilt. He added that oak wilt can only spread to like species
for example red oak to red oak or white oak to white oak and that Golden Valley is an
urban forest with a mix of trees. He explained that if the oak trees are close enough
together or their roots are grafted together then the fungus could possibly move up to 50
to 100 feet in a year or two.
Cera asked how the City ensures that tree preservation plans are followed. Lundstrom
explained that a building permit is not issued until the tree preservation permit is
approved.
Waldhauser asked how a tree is a determined to be a "significant tree". Lundstrom stated
that for hardwoods a significant tree is 6 inches in diameter at the base and for softwoods
a significant tree is 12 inches in diameter at the base. He added that for this particular
development the allowable maximum removal of trees before mitigation is required is
20%.
Kluchka asked Lundstrom to discuss his findings regarding the preliminary tree
preservation plan. Lundstrom said it is feasible to build on these proposed lots without
significant mitigation or no mitigation depending of the type of homes built and the
location of the homes on the lots.
McCarty asked Lundstrom if he could estimate the average age of the trees in this area.
Lundstrom said no and that it varies quite a bit. There is a large variety of trees including
some old oaks and some new due to more recent developments.
Kluchka asked if removing trees would affect the surface water drainage issues.
Lundstrom stated that there is no information available regarding trees effect on surface
Minutes of the Golden Valley Planning Commission
June 23, 2008
Page 3
water drainage. He said his inclination is that the removal of 20% of the trees would have
minimal to no affect on storm water issues.
Schmidgall stated that if a developer can remove 20% of the trees and there were 30
trees on these lots the developer could remove 6 trees over the course of developing
these 3 lots. Lundstrom clarified that the threshold for mitigation is 20%. If less than 20%
of the significant trees are removed, the applicant does not have to mitigate. If more than
20% of the significant trees are removed, the applicant would have to mitigate.
Grimes suggested that Waldhauser read aloud the memo from SEH regarding the
requested updated drainage study. Waldhauser read the memo and summarized that
SEH concludes that the proposed changes and development will be insignificant but that
some sort of storm water reduction practice such rain garden or bio-retention basin would
fit nicely in this proposal. Grimes suggested adding a condition of approval stating that the
developer should work with the Public Works Department regarding SEH's
recommendations.
Kluchka referred to the pond in the area and asked how the City could help mitigate the
drainage issues in this neighborhood. Grimes explained that in order to mitigate any
issues with the pond the neighbors could petition the City for an improvement project to
have a pump installed, the cost of which would be assessed to the benefiting property
owners. He explained that the drainage study has been done and updated in order to
make sure that this proposal won't increase or exacerbate the current issues. Waldhauser
added that there are also things homeowners can do themselves to help reduce water
problems.
Mike Schock, 4316 Glencrest Road, stated that in conjunction with his neighbor, Judy
Stinson, they had a tree study done by Rainbow Tree Care. He submitted study for the
record. He stated that it would be difficult to replace the old oaks so he is more concerned
about preservation. He noted that there is no immediate danger to his trees but the
Rainbow Tree Care study suggests that if trees become sick or wounded it can be
destructive to the whole forest. He said he wants the City to be very aggressive regarding
tree preservation requirements and he wants it to be economically painful for people
removing trees.
Brant Pallazza, 4101 Glencrest Road, asked the Planning Commission if they have seen
the topography on these lots. He said based on the topography he doesn't know how
houses could be built there without flattening the lots. He said he is concerned about the
preservation of wildlife. He loves the deer that hang out at the pond and migrate through
these properties and developing these lots will significantly change the deer's migration
paths. He added that he wants to make sure these homes are designed to be
aesthetically pleasing because they will be corner lots and will stick out like a sore thumb
if they are not.
Bobbie Conner, 244 Janalyn Circle, said she's been asked by several neighbors to speak
about a report written by Robert Burke (4223 Glencrest Road). She submitted copies of
Minutes of the Golden Valley Planning Commission
June 23, 2008
Page 4
the report to the Planning Commission. She highlighted the five major points from the
report as follows: 1) In the promotional piece done by Mr. DiGiacomo the "front" of the
home on proposed Lot C is on Janalyn Circle, not on Glencrest Road which is the
narrower side of the lot; 2) The issue of steep slopes occurs in this proposal. The street
drops 30 feet over 170 feet in length; 3) The issue of excessive wetness occurs in this
proposal. People have had wet basements and yards and she has had to drive around
water in the streets to get to her house; 4) A government agency such as the Bassett
Creek Watershed Management Commission has not been included in this review and; 5)
There is a question if Mr. DiGiacomo is legally capable of granting easements because he
is not, at the present time, the owner of all the lots. She submitted a list of 40 names that
support Mr. Burkes' report and asked that the Planning Commission do their job and deny
this request. She added that she needs to see much more detailed plans from Mr.
DiGiacomo.
Gene Hollister, 240 Janalyn Circle, submitted photos of the area and discussed how after
it rains there are streams of water two to three feet in width going down the street. He
said there are only two drains in the street to service the entire area and these proposed
new houses will increase the strain on the sewer system. He stated that these proposed
new homes are supposed to be in the style of the neighborhood and there is no evidence
of that in this case. He stated that many of people have raised environmental concerns
and asked if rain gardens would increase the mosquito population and at what point
environmental issues become feasible. He added that creating four homes where there
were two also increases the population.
Yvonne Fredericks, 300 Janalyn Circle, said she doesn't understand why, when a person
buys a lot, there has to be so many people involved. She said she has lived in this area a
long time and has not seen any of the water problems people have been talking about.
She stated that the applicant has bought a very nice piece of property, full of dead trees
that need to be cleaned up. She said the developer has been very nice and she doesn't
quite understand why there has been so much discussion in the neighborhood because it
is not that big of a deal. She doesn't want this developer blamed for any water problems
in the area because that is something the group in the neighborhood should have taken
care of a long time ago. She reiterated that she thinks a lot of the trees on these lots need
to be taken down and she just wants to see the anxiety in the neighborhood go away.
Joe Mucha, 236 Janalyn Circle, said he does not object to the proposed subdivision as
long as it meets city requirements. He stated that he and his neighbor, Jeff Nordstrom,
have put in about $12,000 worth of water removal equipment at their own expense with
the City Engineer's approval. He feels he has done his part and now the City needs to do
what it's supposed to do when the water comes.
Rich Baker, 224 Janalyn Circle, said that if the comments received are not applied to this
project they should be considered for future action. He said that there were a lot of trees
removed from these lots by builders that preceded this one. He agreed that there should
be a stronger disincentive to remove trees. He referred to the updated drainage study and
said it was disappointing in its scope because it only looked at impervious surface
Minutes of the Golden Valley Planning Commission
June 23, 2008
Page 5
coverage, not compaction, erosion and steep slopes. He said the City is doing a very poor
job in assessing the hydrology report.
Helga Thielen, 400 Janalyn Circle, said she is asking the City to deny this subdivision
request. She said the proposal would increase density and she bought her house
because of the large size of the lots. She said the impact from this development would be
wide reaching because there are several lots in the area that could be subdivided so it
would be wise for the City Council to deny this request.
Judy Stinson, 4308 Glencrest Road, said she has encountered in the neighborhood the
belief that this subdivision is already a done deal because of the applicant's literature.
She said she supports Mr. Burke's report and requested that the items in the report be
addressed because many developers can not be trusted to preserve the trees. She asked
that going forward "more teeth" be put into the City's tree preservation and mitigation
requirements because there is not much of a financial cost involved for people removing
trees.
Brant Pallazza, 4101 Glencrest Road, stated that several trees have been removed from
these properties prior to this developer's request. He asked how those trees are included
in the total tree count.
Seeing and hearing no one else wishing to comment, Waldhauser closed the public
hearing.
Kluchka said from what he has observed it seems that neighborhood covenants might be
a better way to handle issues like density, trees, wildlife and tree mitigation. Grimes
stated that the City doesn't require neighborhoods to have covenants but in this case the
applicant could have the three new homeowners form an association. He reiterated that
there will be a subdivision development agreement to address the issues of grade and
tree preservation among other things.
Waldhauser said it is possible for the neighbors to form an association but there would
have to be 100% buy in with all of the neighbors and in her experience covenants create
more burden on city staff.
Kluchka asked about environmental impact studies. Grimes stated that this proposal does
not meet the threshold to require an environmental impact study. He added that this
proposal also doesn't meet the threshold for the Bassett Creek Water Management
Commission to review but the City does follow their best management practices.
Kluchka asked at what point the grading plans are done. Grimes stated that the grading
plans are done during the building permit process. However, in this case the City has
asked the applicant to show preliminary grading. He added that the elevation of the
foundations will also be set in the subdivision development agreement. Cera clarified that
the grade is set in the subdivision development agreement but the grading plan is done
during the building permit process.
Minutes of the Golden Valley Planning Commission
June 23, 2008
Page 6
Kluchka asked what excessive wetness means. Grimes stated that there are ways to
mitigate wetness on properties. He said excessive wetness is rare unless a property is in
a wetland area. Kluchka asked if wetness refers more to protecting the foundation of
buildings. Grimes said yes.
Waldhauser suggested the Planning Commission take the concerns they have heard and
see what additional support the City can give people to help them solve their own
drainage problems. She said she agrees with the updated drainage study done by SEH
and with staff reports.
Eck stated that this is a "who do you believe" type of situation because the neighbors
think the grade, the drainage and the build-ability of these lots is going to cause severe
problems but there are professional staff and consultants saying these same issues are
manageable. He said he has to accept the professional reliability of city staff.
Cera asked if certain trees can be singled out not to be removed. Grimes stated that the
tree preservation ordinances states that any number of trees can be removed but if more
than 20% of the trees are removed then mitigation has to be done.
DiGiacomo stated that one of the lots has four oak trees which have significant value and
will be saved. He noted that the other lots have elm trees on them that he also wants to
save. He stated that he wants to do whatever it takes to make sure the trees survive.
McCarty said subdivision requests are always difficult because there is a strong turn out
of people against these types of developments but if the proposals meet the City's
requirements they are hard to deny. He referred to a comment made about the aesthetics
of the proposed new houses and stated that Golden Valley does not have any
architectural design standards. However, he thinks that the developer has incentive to
keep the houses within the character of the neighborhood even though there is a large
diversity of house styles in this area. He said he is in support of this proposal.
Schmidgall said he is also inclined to support this proposal. He said he wants to make
sure that the significant trees remain but feels that the tree preservation requirements will
handle it. He said he feels that if these properties provide their own storm water
management they won't add to the existing drainage issues in the area. Grimes reiterated
that storm water management will be a part of the subdivision development agreement.
Kluchka asked that the report written by Mr. Burke be forwarded to the City Council.
Grimes said he and the City Attorney will review the report and forward it to the City
Council.
MOVED by McCarty, seconded by Eck and motion carried unanimously to recommend
approval of the minor subdivision of Lots 11 & 12, Block 3, Glen Urban Addition in order
to create three separate lots to allow for the construction of three new homes subject to
the following conditions:
Minutes of the Golden Valley Planning Commission
June 23, 2008
Page 7
1) The applicant will work with the Public Works Department regarding a run~off retention
system
2) The final plat of this proposed minor subdivision (yet to be named) will be consistent
with the preliminary plan submitted with the minor subdivision application.
3) The recommendations in the memo from City Engineer Jeff Oliver, PE, to Mark
Grimes, Director of Planning and Development and dated May 19, 2008, shall become
a part of this approval.
4) A park dedication fee shall be paid in an amount approved by the City Council at time
of final plat approval.
5) Individual Tree Preservation Plans shall be submitted for the development of each of
the proposed lots at time of building permit application.
6) A Subdivision Agreement will be drafted for review and approval by the City Council
that includes issues found in the City Engineer's memo dated May 19, 2008.
Grimes suggested thatthe neighborhood also work with the Public Works Department
and/or the Environmental Commission regarding the City's tree preservation
requirements.
~~~Short Recess~~-
3. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
No other meetings were discussed.
4. Other Business
No other business was discussed.
5. Adjournment
The meeting was adjourned at 8:45 pm.
Lester Eck, Secretary
alley
POLICE CIVIL SERVICE COMMISSION
7800 Golden Valley Road - Golden Valley,
ANNUAL MEETING
Monday, February 4, 2008 - 4:00 PM
Public Safety Building Conference Room
MINUTES
Call to Order
Attendance/Roll Call
The meeting was called to order by Chair Tanick at 4:15 PM. Present at the meeting were
Commissioners Bruce Peterson and Marshall Tanick; staff members Stacy Altonen, Roger
Johnson, Nate Gove and Amanda Johnson.
Aqenda Review
Peterson requested the addition of two items under Other Business- 1) An update on the
Hixon case outcome and 2) Update on the police officer/sergeant promotion process
outline.
Approval of Minutes
The minutes from the October 24, 2007 meeting were approved by consensus.
Staffinq Proiections for 2008
Altonen reviewed police officer staffing for the department. There are currently two officer
vacancies and two additional sworn staff members who will be eligible to retire in 2008.
Tanick inquired if interns could provide assistance to the police department and Altonen
advised staff will be interviewing a person interested in becoming an intern in the next
couple weeks. Peterson asked if there are any promotions planned for 2008 and Altonen
advised there are none scheduled at this time.
Police Officer Recruitment/Selection Process Report
Altonen reviewed the current officer recruitment process that began in January. There
were 118 applications received and applicants were sent information about the upcoming
written tests, which begin on Friday, February 8th. An optional "practice" fitness test will be
held on Saturday, February 16, 2008 at the Breck School Fieldhouse. This is an optional
test where candidates can participate to determine if additional fitness training is necessary
to pass the final fitness test to be given several weeks later. The scores of candidates who
pass the "practice" fitness test will be recorded and candidates will not be required to take
the test again. Altonen stated the scoring system will be averaged and passing standards
are still considered slightly above-average.
Police Civil Service Commission Meeting Minutes
February 4, 2008 - Page 2
Peterson asked if the police officer recruitment and selection process conducted was
consistent with the currently approved process of the Civil Service Commission. Altonen
stated it was. Peterson inquired if the Police Officer Eligibility Register dated 10/24/07 is
exhausted; Altonen advised it is as there are no viable candidates remaining.
Chiefs Report
2007 Highlights (Handout Distributed)
Altonen distributed a document outlining police department highlights for 2007. Altonen
replaced retiring police chief Bob Hernz in April. The City Council approved an additional
patrol sergeant position for the police department effective 01/01/08. Nate Gove was
promoted to Patrol Commander and Mark Persons and Kyle Toavs were promoted to
Patrol Sergeants. Two CSOs were hired as police officers and have completed field
training.
A property room audit was completed in the Fall of 2007. A Public Safety Summit was held
in the Fall of 2007, and Neighborhood Watch zone meetings have continued to be an
effective way to communicate information to and gather feedback from the community.
Part 1 crimes (serious felonies) rose 6% in 2007 and less-serious crimes dropped 22%
compared to 2006. (Note: Due to a system error that was not discovered until after
printing, the handout distributed shows Part 1 crimes were up 1 %.) Altonen stated the
department is working towards having bi-monthly analysis meetings with patrol and
investigations to have a more proactive role in preventing crime.
A thorough review and update of the department policy manual will be completed in 2008.
A new vehicle idling policy was instituted, resulting in an approximate savings of
$1 ,600.00/month in fuel savings for squad cars.
Two citizens received Citizen Commendation Awards for brave actions in assisting
motorists who were experiencing medical emergencies while operating their vehicles.
2008 Goals (Handout Distributed)
Altonen presented 2008 goals for the police department, including purging old records,
training officers on new rifles, training for squad cameras, producing a recruitment video
and updating the department website, and increasing the number of community education
and crime prevention programs.
Peterson advised commissioners would appreciate the ability to give input into the
recruitment video and Altonen stated she will ensure commissioners are involved in the
final approval.
Altonen stated command staff is considering placing a member in the Hennepin County
Violent Offender Task Force.
Altonen advised the police department will participate in the annual law enforcement
opportunities fair held in April.
Police Civil Service Commission Meeting Minutes
February 4,2008 - Page 3
Hey
Peterson inquired if information gathered from various meetings with community members
contributed to the 2008 department goals. Altonen stated hosting more public education
classes and incorporating directed patrol shifts to develop and maintain community
connections were initiatives derived from community feedback.
Envision Discussion
Peterson summarized past Envision discussions for Altonen and advised he believes the
police department has embraced concepts arising from past discussions and will continue
to embrace them in the future. Tanick advised the police department will be hosting the
quarterly Bridge Builder meeting on March 1st as part of community connection.
Election of Police CSC Officers
In accordance with state law, which states the member in the last year of their term shall be
Chair of the Commission, Bruce Peterson will serve as Chair during the coming year.
Marshall Tanick was elected as secretary by consensus.
Other Business
CSO Feeder Program
Altonen expressed interest in creating an "open application" system for current community
service officers who are enrolled in school to become police officers. Altonen explained
CSO candidates who are not eligible to apply for open officer positions because their
education is not complete are "missed" as the eligibility registers are certified with a two-
year expiration. Within that two-year period many CSOs will complete their education and
may begin looking for positions in other departments. Altonen would like to have a certified
eligibility register in addition to a separate list of eligible community service officer
candidates. As openings arise a candidate could be selected to be hired from either list.
Current by-laws allow for CSO candidates to be added to the eligibility register once their
education is complete, which consequently "bumps" existing candidates from their rank on
the register. Altonen expressed concern that the legality of such a practice could be
challenged by candidates who have already been certified on the register and are moved
further down the register before it expires. Further discussion will ensue at a later date.
Hixon Case Update:
Altonen stated this case has come to conclusion and payment has been made to Mr.
Hixon. The insurance company for the city covered $1 million and the city paid the
remaining approximate $130,000.00.
Police Officer/Sergeant Promotion Process Outline
Altonen presented an overview for the police officer recruitment process to commissioners.
Peterson requested an overview of the sergeant promotion process also be distributed to
commissioners in the near future.
Police Civil Service Commission Meeting Minutes
February 4,2008 - Page 4
Closinq Comments
Tanick stated it was a pleasure serving as chair for 2007. Altonen thanked commissioners
for their service.
Adiournment
The meeting was adjourned at 5:23 PM.
Respectfully submitted,
Amanda Johnson, Administrative Assistant
For Gloria Kumagai, Secretary
Golden Valley Human Services Foundation (GVHSF) Meeting Minutes
July 14, 2008
Present: Daniel Blumb, Shannon Breimhurst, Hilmer Erickson, Bob Hoyt, Chris Monroe,
Diane Nimmer, Steve Schumacher and Toots Vodovoz. Also present Jeanne Fackler, Staff
Liaison.
Not Present: Elissa Heilicher, Teri Holgate, Gloria Johnson and Connie Sandler.
Call to Order: Chairperson Blumb called the meeting to order at 6:40 p.m.
June 9 minutes: Erickson moved and Monroe seconded the motion to approve the
minutes of June 9. The motion passed unanimously.
Golf Tournament: Fackler passed out the list of sponsors for the golf tournament.
Freestyle Productions will be added to the list of sponsors. Holgate is contacting Rudy
Luther Toyota for the hole-in-one car giveaway. If they are not willing to be a sponsor she
will contact Morrie's. Commission members discussed contacting other businesses as
follows:
Blumb - Popp Telecommunications, Buffalo Wild Wings
Breimhurst - Northrup King
Erickson - Brookview Animal Clinic
Monroe - Perfect Machine, Room and Board, Tennant Company
Nimmer - Paquette Auto, MRI Clinic
Vodovoz - Harmon Glass, Knutson Construction
Fackler would like the sponsor information by the end of the week for the brochure and city
newsletter.
New Business:
Taste of Golden Valley: No report.
Sponsorship packet/brochure: Breimhurst and Nimmer have met. They are gathering
information on the HSF events and sponsor opportunities.
Allocation Packet: Fackler reported the packet will be ready before August 1. Monroe
asked if city sponsored programs would be eligible to apply for funding. Several programs
were discussed. Fackler will ask Virnig about the guidelines and if a change can be made
to include government agencies for possible funding.
Old Business:
By-laws review: The information for the by-law change is ready for the August 6th council
meeting. Blumb will attend if needed.
Adjournment: Hoyt moved to adjourn the meeting, Breimhurst seconded the motion. The
meeting was adjourned at 7:45 p.m.
Respectfully submitted,
Jeanne Fackler
GVHSF Staff Liaison
The Bassett Creek Watershed Management Commission (BCWMC) was called to order at 11:30 a.m.,
Thursday, June 19, 2008, at Golden Valley City Hall by Chair Welch. Ms. Herbert conducted roll call.
Roll Call
Crystal
Golden Valley
Medicine Lake
Minneapolis
Minnetonka
New Hope
Plymouth
Robbinsdale
St. Louis Park
Also present:
Commissioner Pauline Langsdorf, Secretary
Commissioner Linda Loomis, Treasurer
Commissioner Cheri Templeman
Commissioner Michael Welch, Chair
Commissioner Kris Sundberg
Commissioner Daniel Stauner
Commissioner Ginny Black, Vice Chair
Not represented
Commissioner Manuel Jordan
Counsel
Engineer
Recorder
Charlie LeFevere
Karen Chandler
Amy Herbert
Laura Adler, BCWMC Technical Advisory Committee, City of St. Louis Park
Derek Asche, BCWMC Technical Advisory Committee, City of Plymouth
Terrie Christian, Association of Medicine Lake Area Citizens (AMLAC)
Lisa Goddard, BCWMC Alternate Commissioner, City of Minneapolis
Lee Gustafson, BCWMC Technical Advisory Committee, City of Minnetonka
Mary Karius, Hennepin County Environmental Services! River Watch
Richard McCoy, BCWMC Technical Advisory Committee, City of Robbinsdale
Mark Nagel, Springsted, Inc.
Jeff Oliver, BCWMC Technical Advisory Committee, City of Golden Valley
Jan Ong, Robbinsdale's Cooper High School
Diane Spector, Wenck Associates
Liz Stout, BCWMC Technical Advisory Committee, City of Minnetonka
Liz Thornton, Alternate Commissioner, City of Plymouth
Ms. Loomis moved to approve the agenda and the consent agenda. Ms. Black seconded the motion.
The motion carried unanimously [City of Robbinsdale absent from vote].
Ms. Terrie Christian, Association of Medicine Lake Area Citizens (AMLAC), extended an invitation to the
BCWMC on behalf of the Environmental Quality Committee of the City of Plymouth to attend a study
session on aquatic invasive species on Wednesday, August 13 at 7:00 p.m. in the Medicine Lake Room at
Plymouth City Hall.
#248905 vI
Page 1
llCWMC June 19, 2008 Meeting Minutes
A. Presentation of the May 22, 2008, BCWMC meeting minutes. The May 22, 2008, meeting minutes
were approved as part of the Consent Agenda.
B. Presentation of the Financial Statement.
The general and construction account balances reported in the June 2008 Financial Report are as
follows:
Checking Account Balance
TOTAL GENERAL FUND BALANCE
551,938.78
551,938.78
Construction Account Balance (cash)
Investment Balance
TOTAL CONSTRUCTION ACCOUNT BALANCE
-Less: Reserved for CIP projects
Construction cash! investments available for projects
2,158,318.76
0.00
2,158,318.76
3,869,418.44
(1,711,099.68)
C. Presentation of Invoices for Payment Approval.
Invoices:
i. Kennedy & Graven - Legal Services through April 30, 2008 - invoice for the
amount of $1,679.22.
ii. Barr Engineering Company - May Engineering Services - invoice for the
amount of $24,669.75.
iii. Barr Engineering Company - Sweeney Lake TMDL Study Services through
May 30, 2008- invoice for the amount of $2,937.50.
iv. Amy Herbert - May Recording Administrator Services - invoice for the
amount of $3,580.25.
v. MMKR - Progress payment for audit for services through April 30, 2008-
invoice for the amount of $2,200.00.
vi. Metropolitan Council Environmental Services - 2008 CAMP (Citizen-Assisted
Monitoring Program) - invoice for the amount of $2,750.00.
vii. SEH, Inc. - Sweeney Lake TMDL Study Phase 2 Services through April 30,
2008 - invoice for the amount of $3,988.50
Ms. Loomis moved to approve the payment of the invoices. Ms. Black seconded the motion. By call of
roll, the motion carried unanimously [City of Robbinsdale absent from vote].
D. Approval of Reimbursement Request to MPCA for Sweeney Lake TMDL Work. Ms. Black moved to
approve send the reimbursement request to the MPCA. Mr. Stauner seconded the motion. The motion
carried unanimously [City of Robbinsdale absent from vote].
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BCWMC June 19, 2008 Meeting Minutes
Page 2
A. Trader Joe's: Minnetonka. Ms. Chandler said the project triggers the Commission's review because it
proposes an underground storm water treatment vault installation. Ms. Chandler said the June 12,
2008 Engineer's Memo recommended four conditions for the project and that three of the four
conditions B, C, and D have since been met by new plans from the developer. Ms. Chandler said the
only remaining recommendation is the emphasis of the importance of a maintenance agreement
between the City of Minnetonka and the property owner to ensure proper maintenance of the vault.
Mr. Stauner asked if the Commission Engineer is recommending the Commission make the approval
conditional upon the development of a maintenance agreement or if the Engineer is recommending the
Commission recommend the maintenance agreement. Ms. Chandler said the Engineer is saying the
Commission should recommend the maintenance agreement because the Commission's requirements
do not include requiring maintenance agreements but the Commission does recognize that the
maintenance agreements are very important. Ms. Stout of the City of Minnetonka said the City does
require maintenance agreements so there will be one. Chair Welch said in the past the member.cities
generally have been diligent in requiring maintenance agreements and so the Commission hasn't
needed to enforce the issue beyond issuing reminders. Ms. Black moved approval of the permit with
condition A listed in the Engineer's Memo. Ms. Loomis seconded the motion. The motion carried
unanimously [City of Robbinsdale was absent from the vote].
A. Minnetonka and Golden Valley Surface Water Management Plan - Diane Spector,
Wenck, to present review fmdings. Ms. Spector stated that the Commission contracted with
Wenck Associates to review the Minnetonka and Golden Valley surface water management plans.
Ms. Spector reported that Wenck Associates have reviewed both plans and have provided to the
Commission their comments in summary reviews and in a requirement.by-requirement review set
forth in tables.
Ms. Spector said she would irrst present the Minnetonka plan review. She said that in Wenck
Associate's opinion the City's plan meets the BCWMC's requirements and there are only a couple
of small issues to talk about. Ms. Spector said the plan does a good job of addressing the
BCWMC's requirements and in some cases goes beyond the BCWMC's requirements and is a
very good plan to manage the water resources over the next ten years.
Ms. Spector reported that the water quality goals set for Crane Lake by the City are similar to but
are not exactly the same as the goals set by the BCWMC. She said the City uses a desired range for
its target water quality goal, with the lowest end of the range being the BCWMC's desired
condition. She said the issue with this difference is that if the BCWMC's desired water quality goal
is 75 micrograms per litre total phosphorus concentration in Crane Lake, the Minnetonka plan
would allow for something greater than that and would still meet the City's goals. Ms. Spector
said right now it is not an issue since Crane Lake's water quality is currently better than the
BCWMC's water quality goal. She said the City's plan does not clarify how the City intends to
manage the area to prevent degradation of the current condition of Crane Lake.
Ms. Spector said the plan does propose modification to the flood storage requirement for those
waterbodies in the Crane Lake subwatershed .and the plan states that the modification would not
cause an increase in downsteam discharge. Ms. Spector said Wenck Associates did not review the
technical merits of that proposal and is not making comments on that particular proposal.
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BCWl\1C June 19, 2008 Meeting Minutes
Page 3
Mr. Gustafson of the City of Minnetonka stated that he would be more than happy to report on
how the City intends to respond to the comments. Mr. Gustafson stated that the City has five
issues stemming from items number 3 and 4 in the Wenck report on Minnetonka's plan. He first
addressed the comment that the City's water quality goals are similar to but are not the same as
the BCWMC's. He asked the Commission to keep in mind that the cities need to review all the
requirements of all their watershed districts. Mr. Gustafson said three of the four watershed
districts that Minnetonka is part of list ranges so for consistency the City listed ranges in its plan
for Crane Lake, which is the only Minnetonka lake in the Bassett Creek Watershed. He said with
regard with how the City plans to protect its water quality resources, the City treats every project
to Levell standards or nondegradation requirements. He commented that the City of Minnetonka
uses Nine Mile CreekWatershed's standards in its plan and Nine Mile's requirements are more
stringent than Bassett Creek with the exception of the BCWMC's nondegradation requirement,
which is more stringent and is used in Minnetonka's plan.
Mr. Gustafson commented that the City of Minnetonka is requiring management to a higher flood
elevation and is actually a higher requirement than the BCWMC requires.
Ms. Spector pointed out that the Ramada Inn project is listed in the City of Minnetonka's CIP for
2009 but is listed in the BCWMC's CIP for 2014.
Ms. Chandler noted that the BCWMC is still waiting for comments on the City's plan from the
Metropolitan Council. Chair Welch said those comments will need to be forwarded to Ms. Spector
and asked that she amend her report if she needs to with regard to the Metropolitan Council's
comments.
Chair Welch asked Ms. Chandler to begin a catalog of information that comes out of these local
water plan reviews to assist the BCWMC when it is time to work on its third generation watershed
management plan.
Ms. Black moved to approve forwarding Wenck Associates' comments on to the City of
Minnetonka and to ask for a response. Ms. Sundberg seconded the motion. Chair Welch made the
friendly amendment that the forwarding of the comments is pending the receipt of Met Council
comments and Wenck's review of the comments and the possible amendment of Wenck's review.
The motion carried unanimously [City of Robbinsdale absent from vote].
Ms. Spector presented Wenck Associates' review of the Golden Valley local water management
plan. Ms. Spector said the Metropolitan Council's comments to the BCWMC on the Golden Valley
plan were that the plan is consistent with the BCWMC's Watershed Management Plan and that
there were no suggested revisions. Ms. Spector said Wenck Associate's review showed that the
City's plan does meet the BCWMC's requirements except for a few issues. She said the City of
Golden Valley has essentially adopted the Bassett Creek standards as its standards.
Ms. Spector said the City has completed an inventory of stream erosion issues along Bassett Creek
and the Minneapolis Park and Recreation Board has completed the inventory within Theodore
Wirth Park. She said one thing to bring to the Commission's attention is that the plan does require
a summary of the inventory findings along with a map and a figure and also does iuclude a capital
project to accomplish some restoration along Bassett Creek; however, she pointed out, the plan
provides no information about what that would entail and how much of the identified erosion
issues within the city would be stabilized or improved by the capital project or how the cost
estimate was prepared and how the cost division between the City and the BCWMC was prepared.
Ms. Spector said the City does have a wetland inventory in place and does intend to continue as
#248905 vI
BCWMC June 19, 2008 Meeting Minutes
Page 4
LGU (local governmental unit) for WCA (Wetland Conservation Act); however, the City does not
have a wetland protection ordinance and the plan does not indicate whether such an ordinance is
being considered.
She said the City does include a capital project to modify the flood control project to refine the
operations of the Wisconsin Avenue control structure. She said the CIP includes a project to
evaluate some options for the operation of that control structure as part of a larger hydrologic and
hydraulic (H and H) study by the City. Ms. Spector said that similar to the Crane Lake issue in
Minnetonka, Wenck Associates has not reviewed any of the operational issues on the Wisconsin
Avenue control structure and does not have an opinion on them.
Ms. Spector said the City of Golden Valley's plan does not specifically acknowledge that the City is
responsible for maintenance of aesthetic-type improvements for the creek.
Mr. Oliver ofthe City of Golden Valley said the City's approach to the wetland protection
ordinance is that the Bassett Creek plan does not require development of an ordinance. He stated
that the City has adopted the Wetland Conservation Act, which is a very comprehensive program.
He said the City has very minimal wetland permitting activity and that a busy year for the City in
terms of wetland permitting is one permit request. He said the City did not see the need to have
redundant ordinances that would duplicate the Wetland Conservation Act. Ms. Black said the
WCA doesn't have any requirement on buffers. Mr. Oliver said the City does recognize that
aspect and the City did commit in its plan to developing a storm water management ordinance.
Chair Welch moved to approve the BCWMC sending Wenck Associates' comments to the City of
Golden Valley and to ask for a response. Ms. Black seconded the motion. The motion carried
unanimously [City of Robbinsdale absent from vote]. Ms. Spector asked if the BCWMC's
expectation is that the Commission will forward the cities responses and Wenck Associates would
modify the memorandums as necessary. Chair Welch asked if review of the responses are witWn
the contract in place with Wenck Associates for the plan reviews. Ms. Spector said yes. Chair
Welch directed Ms. Herbert to forward the responses from the Cities of Minnetonka and Golden
Valley to Ms. Spector upon. receipt.
B. River Watch Presentation. Ms. Mary Karius of Hennepin County Environmental Services
introduced herself and Mr. John Ong, a teacher with Robbinsdale's Cooper High School who has
been working with groups of students to monitor a Bassett Creek site for ten years. Ms. Karius
handed out a fact sheet on River Watch and the Bassett Creek monitoring sites and reminded the
Commission that in the spring she had sent it the comprehensive report "2007 Year in Review:
Bassett Creek." Ms. Karius explained that River Watch started in Hennepin County in 1995 with
six sites and is a program that monitors benthic (bottom-dwelling) macroinvertebrates. Ms. Karius
reported that in 2007, 21 schools monitored 27 sites, which included sites in every Ilennepin
County watershed, and that more than 400 students participated in the monitoring. She stated
that six partners, including the BCWMC, teamed with Hennepin County to fund equipment,
busing and teacher substitute pay, if necessary, for all teams.
Ms. Karius said that River Watch began monitoring Bassett Creek in 1997. She stated that site #13
on Bassett Creek has a continuous record of data since 1998 and is the site that Mr. Ong and
Cooper High School have been monitoring. Ms. Karius said that Site GM #1 was added in 2007
and is located within the General Mill headquarters nature area in Golden Valley. She said tWs
site was monitored by Mr. Dan Trockman and his students from Blake High School.
Ms. Karius reported that in 2007 the results for the two Bassett Creek sites ranked between
"good" and "very good." She explained that the samples collected in the two sites were dominated
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BCWMC June 19,2008 Meeting Minutes
Page 5
by rather sensitive organisms with a tolerance value of 4 on the Hilsenhoff Family Biotic Index,
which has a range of 0 to 10 with 0 being an organism that tolerates the least amount of pollution.
Mr. Ong explained that he originally became involved with the program after Hennepin County
Environmental Services contacted him with the opportunity. Mr. Ong related some of his and his
students' experiences with the program. (Commissioner Jordan departed the meeting.]
C. Discuss Permit Fees and Approve BCWMC's Proposed 2009 Operating Budget and
Assessments. Ms. Chandler stated that line 10 (water quality/ monitoring) of the proposed budget
shows a reduction by $6,000 to the amount of $49,000 because of a modification to the biota
sampling. Chair Welch pointed out that the proposed revisions to the fee schedule, included in the
meeting packet, would increase the 2009 operating budget's line 7 (plat reviews) to $55,000 from
$50,000, which would also affect the budget's sub and grand totals and would change line 54
(estimated 2009 permit fees).
Ms. Loomis commented that it doesn't seem fair to charge cities for permits for city projects and
that the BCWMC had previously discussed the idea of not charging cities permit fees for city
projects. Ms. Thornton remarked that the BCWMC had at the same time discussed not charging
school districts the permit fees. Ms. Black moved to approve the revised permit fee schedule and
for staff to find out how many city and school district projects fall into that category of street!
highway/ utility project! public agency projects and for the Deputy Treasurer to update the
Operating Budget as necessary to reflect the changes in the permit fees. Chair Welch directed Ms.
Herbert to add the topic to the January 2009 meeting agenda. Mr. Stauner seconded the motion.
The motion carried unanimously [City of Robbinsdale absent from vote].
Ms. Chandler mentioned that line 15 (municipal plan review) was reduced to $6,000 in
anticipation of only receiving only one to two plans in 2009. Ms. Black moved to adopt the
proposed 2009 Operating Budget with the amendments discussed. Ms. Langsdorf seconded the
motion. Chair Welch directed Ms. Herbert to send to member-cities a cover letter accompanying
the proposed budget and assessment table. He stated that the letter should communicate that the
BCWMC is in the process of reviewing internal operations but the results of the review would only
potentially reduce line 17 (administrator). The motion carried unanimously [Cities of Robbinsdale
and St. Louis Park were absent from the vote]. Chair Welch directed Ms. Herbert to work with
BCWMC Deputy Treasurer Virnig to update the financial report for 2009 so the budget line labels
match.
D. Discuss Requirements for Improvements and Development Document. Chair Welch directed
Mr. LeFevere to contact the Board of Water and Soil Resources (BWSR) to find out if the
BCWMC needs to go through a public process in order to amend the document and if there is a
required process then Mr. LeFevere should initiate it. Ms. Loomis moved to direct Mr. LeFevere
to contact BWSR and to initiate the public process if necessary. Ms. Black seconded the motion.
The motion carried unanimously [Cities of Robbinsdale and St. Louis Park were absent from the
vote].
E. Discuss Resource Management Plan. Ms. Black stated she would like to see a detailed cost
breakdown for the Resource Management Plan and also details on what information the
Commission has and what information the Commission needs. Chair Welch directed staff to
provide more detail in the Resource Management Plan estimate per Ms. Black's comments and
directed Ms. Herbert to add the item to the July meeting agenda. [Commissioner Templeman
departed the meeting.]
#248905 vI
BCWMC June 19, 2008 Meeting Minutes
Page 6
F. Education and Public Outreach Committee:
i. Pilgrim Lane Elementary Grant Reimbursement Request: Ms. Black explained that the
Commission's education grant contract with Pilgrim Lane Elementary expires on June 30,
2008, but that the Commission has not yet received from the school the final report and the
details on the grant funds expended. Mr. LeFevere stated that the BCWMC could make a
motion to extend the grant by two or three months if it wants. Ms. Black requested that the
Commission extend the Pilgrim Lane Elementary education grant contract through
August 31,2008. Ms. Langsdorf seconded the motion. The motion carried unanimously
[Cities of Robbinsdale, St. Louis Park, and Medicine Lake absent from the vote].
ii. Seed Packet Repacking: Ms. Langsdorf requested up to $250 from the education- exhibits
budget for the printing of seed planting instructions and the printing of envelopes. Chair
Welch moved to approve the funds. Ms. Sundberg seconded the motion. The motion
carried unanimously. Ms. Langsdorf then discovered that the seed planting instructions
are on the inside of the seed packets and she stated that she just needs funds to purchase a
stamp that prints "Planting instructions inside."
G. E. Coli Sampling of Bassett Creek. Chair Welch reported that the Minneapolis Park and
Recreation Board has informed the BCWMC that the Park Board will not be doing the E. Coli
sampling. Ms. Chandler said the Commission has two options:
i. Wait until 2009 to begin sampling and then take three samples per month (June, July,
August, September) at each of six stations in 2009 and and two samples per month (June,
July, August, September) in 2010;
ii. Start the sampling in July 2008 and then also sample in 2009 and in June 2010.
Ms. Chaudler reminded the Commission it already had the money set aside for this sampling in its 2008
budget and that it was going to allocate the costs to its TMDL studies budget. She said the MPCA has
indicated that through an agreement with the Minnesota Department of Health, the MPCA can provide
the analysis ofthe samples. Chair Welch asked if the BCWMC would be in-line with the MPCA's protocol
if the four months of sampling were not in the same year (i.e., July - September 2008, June -September
2009, June 2010). Ms. Chandler said Barr could f'md out. Ms. Black moved to approve starting the
sampling in July 2008 only if the split sampling years schedule meets the MPCA's protocol and if that
schedule does not meet the protocol then the BCWMC would not begin the sampling. Chair Welch
seconded the motion. The motion carried unanimously [Cities of Robbinsdale, St. Louis Park, and
Medicine Lake absent from the vote].
A. Chair:
i. Chair Welch introduced Mr. Mark Nagel of Springsted, Inc. who is working on the team
conducting the BCWMC operational analysis. Mr. Nagel requested that commissioners return
their responses to his questions.
ii. Chair Welch stated that the Minnesota Conservation Corps has Clean Water Legacy money
and staff available to do water quality improvement work and erosion control. He asked the
Commission Engineer to consider whether there are any appropriate projects that the
BCWMC in coordination with a member city could submit for the program.
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BCWMC June 19, 2008 Meeting Minutes
Page 7
iii. Chair Welch said he will pick a date in August for the commissioner training and will have
Ms. Herbert send an e-mail out announcing the date.
B. Commissioners: Mr. Staunermentioned that Derek Asche, BCWMC T AC member from City of
Plymouth, made a great presentation to the Shingle Creek Watershed Management Commission
on shoreline restoration projects and recommended that the Commission request Mr. Asche to
present it to the BCWMC. Chair Welch asked Mr. Asche if he could present it at the September
BCWMC meeting. Mr. Asche said he could.
C. Committees:
i. Education Committee: Ms. Langsdorf announced that the Blake High School education grant
should be in front of the Commission in July.
D. Counsel*
E. Engineer: Ms. Chandler reported that for the Sweeney Lake TMDL, Barr Engineering has
installed equipment and helped Three Rivers Park District collect data and SEH has been doing
some anlysis modeling that looks at the 2007 data. She reported that for the Medicine Lake TMDL
the RFP (request for proposals) has been sent out by the MPCA to the contractors. She stated that
the Wirth Lake RFP should go out in the next month.
Ms. Loomis moved to adjourn the meeting. Ms. Black seconded the motion. The meeting adjourned at
1:54 p.m.
Michael Welch, Chair
Date
Amy Herbert, Recorder
Date
Pauline Langsdorf, Secretary Date
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BCWMC June 19, 2008 Meeting Minutes
Page 8
'I
Hey
M 0
Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 19, 2008
Agenda Item
5. A. 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.
These ordinance amendments were approved on their first consideration on August 6, 2008.
If adopted on second consideration, the amendments will be effective upon publication.
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 second
consideration.
Motion to adopt the Ordinance No. 406, Amendment to the Master Fee Schedule for Sanitary
Sewer Inspections and Compliance Fees on its second 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 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 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, or other building(s)
on the property, is (are) is in compliance with this Chapter, that the licensed
plumber completing the certification was the individual who performed the
inspection, that he or she is licensed to perform such inspections, and that
the videotape of the lateral line is accurate. The date-stamped video record
shall be submitted to the City and reviewed and approved by the City for
assessment of compliance with this section of the Code. Requested actions
shall not be forwarded to City boards or commissions or the City Council for
review until the discharges are in full compliance with this section of City
Code.
C. Every person owning real estate to which sanitary sewer service is provided
shall allow the City or a designated representative of the City to inspect the
buildings, if any, to confirm there is no sump pump or other prohibited
discharge into the sanitary sewer system. In lieu of having the City inspect
such property, the owner may no later than thirty (30) days after mailed
written notice from the City that the property is subject to inspection, furnish
a certificate from a licensed plumber in a form acceptable to the City,
certifying that the property is in compliance with this Chapter. All inspections
and inspection reports must include a date-stamped video record of the
complete lateral line from the property to the sewer main. All inspections
must be performed and reports completed in accordance with City standards
and specifications. In lieu of having the City inspect the property, the owner
may furnish a certificate from a licensed plumber in a form acceptable to the
City, certifying that the inside of the property owner's home is in compliance
with this Chapter, that the licensed plumber completing the certification was
the individual who performed the inspection, that he or she is licensed to
perform such inspections, and that the video record of the lateral line is
accurate. The date-stamped video record shall be submitted to the City and
reviewed and approved by the City for assessment of compliance with this
section of the Code. The City may inspect or re-inspect any buildings to
confirm there is no sump pump or other prohibited discharge into the
sanitary sewer system with a valid warrant.
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
93.30
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 this 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 dollars ($500) per
month, to be imposed on each sewer bill thereafter to that property until the
noncompliance or refusal to allow entry is corrected. All properties found
during any re-inspection to have violated this section shall be subject to a
nonrefundable monthly surcharge that is double the previously charged
surcharge. The nonrefundable surcharge for all properties which are not
single family residential shall be one thousand dollars ($1,000) 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 dollar ($500) monthly non-refundable surcharge in the event the owner
refuses an inspection or has failed to discontinue the discharge into the sanitary
sewer. The non-refundable charge will commence with the April water billing and
continue until the property owner establishes compliance with this section. A
property owner is required to meet at least one (1) of the following criteria in order
to obtain a permit:
A. The freezing of the discharge from the sump pump, footing or foundation
drain is causing a dangerous condition, such as ice buildup or flooding, on
either public or private property.
B. The property owner has demonstrated that there is a danger that the sump
pump, footing or foundation drain pipes will freeze up and result in either
failure or damage to the sump pump unit or the footing or foundation drain
and cause basement flooding.
C. The water being discharged from the sump pump, footing or foundation drain
cannot be readily discharged into a city draintile or storm sewer system or
other acceptable drainage system.
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 3 of 4
9 3.30
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 (1) service may be
connected to the sewer system through one (1) 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 (3) feet of any bearing wall. The depth shall
be sufficient to afford protection from frost. To the extent possible, the sewer
service shall be laid at uniform grade and in straight alignment. If the service is too
low to afford gravity flow, an appropriate device shall be installed for lifting sewage
to the service.
Subdivision 8. 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 of 4
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 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
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, or other building(s)
on the property, is (are) is in compliance with this Chapter, that the licensed
plumber completing the certification was the individual who performed the
inspection, that he or she is licensed to perform such inspections, and that
the videotape of the lateral line is accurate. The date-stamped video record
shall be submitted to the City and reviewed and approved by the City for
assessment of compliance with this section of the Code. Requested actions
shall not be forwarded to City boards or commissions or the City Council for
review until the discharges are in full compliance with this section of City
Code.
C. Every person owning improved real estate th~t disch~rges into thc 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
Golden Valley City Code
Page 2 of 4
9 3.30
compliance upon re-inspection, or any person refusing to allow their property
to be re-inspected within thirty (30) days after receipt of mailed written
notice from the City, or failing to furnish a certificate certifying compliance
with this Chapter from a licensed plumber in a form acceptable to the City as
described in subdivision 3, sections (6) and (C), that property shall be
subject to a nonrefundable surcharge of five hundred dollars ($500) per
month, to be imposed on each sewer bill thereafter to that property until the
noncompliance or refusal to allow entry is corrected. All properties found
during any re-inspection to have violated this section shall be subject to a
nonrefundable monthly surcharge that is double the previously charged
surcharge. The nonrefundable surcharge for all properties which are not
single family residential shall be one thousand dollars ($1,000) 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 dollar ($500) monthly non-refundable surcharge in the event the owner
refuses an inspection or has failed to discontinue the discharge into the sanitary
sewer. The non-refundable charge will commence with the April water billing and
continue until the property owner establishes compliance with this section. A
property owner is required to meet at least one (1) of the following criteria in order
to obtain a permit:
A. The freezing of the discharge from the sump pump, footing or foundation
drain is causing a dangerous condition, such as ice buildup or flooding, on
either public or private property.
6. 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
Golden Valley City Code
Page 3 of 4
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 (1) 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 (1) 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.
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 (1) year of the issue of a certificate of I & I compliance, the
owner named on the certificate of I & I compliance does not agree to an
inspection of the structure's sump pump, footing or foundation drain
discharge, or furnish a certificate from a licensed plumber in a form
acceptable to the City as described in Section 3.30, subdivision 3, sections
(6) and (C), certifying that the property is in compliance with this Chapter,
when required by Section 3.30, subd. 3(6) of this Chapter, the certificate is
immediately void. Such inspections trigger the administrative sanctions found
in Section 3.30, subd. 3 of this Chapter.
Subdivision 5. Correction Notice
If an inspection discloses that use of a property is not in accordance with City
sanitary sewer service regulations, a correction notice may be issued by the City
permitting the transfer of property, providing;
A. An agreement by the owner or owner's representative has been executed
with the City, whereby the owner or owner's representative agrees to
complete corrections to the property necessary to bring it within compliance
of the City sanitary sewer service regulations, Section 3.30 of this Chapter
within sixty (60) days of the transfer of property.
6. A security to ensure completion of any corrections to the property must be
posted with the 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, 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 (1) 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<:lke <:Ipplic<:ltion
gggly for stt€ft 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, ifit is more than one (1) 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 cartific<:lte of I & I compli<:lnce m<:lY only be used for property
tr<:lnsfer by the owner n<:lmed on the certific<:lte or the o'Nner's leg<:ll
represent<:ltive.
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 (1) year of the issue of a certificate of I & I compliance, the
owner named on the certificate of I & I compliance does not agree to an
inspection of the structure's sump pump, footing or foundation drain
discharge, or furnish a certificate from a licensed plumber in a form
acceptable to the City as described in Section 3.30, subdivision 3, sections
(6) and (C), certifying that the property is in compliance with this Chapter,
when required by Section 3.30, subd. 3(e~) 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 s. Correction Notice
If an inspection discloses that use of a property is not in accordance with City
sanitary sewer service regulations, a correction notice may be issued by the City
permitting the transfer of property, providing;
A. An agreement by the owner or owner's representative has been executed
with the City, whereby the owner or owner's representative agrees to
complete corrections to the property necessary to bring it within compliance
of the City sanitary sewer service regulations, Section 3.30 of this Chapter
within sixty (60) days of the transfer of property.
6. A security to ensure completion of any corrections to the property must be
posted with the 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 of3
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, 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 proper 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 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.
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 (1) year of the issue of a certificate of I & I compliance, the owner
named on the certificate of I & I compliance does not agree to an inspection of the
structure's sump pump, footing or foundation drain discharge, or furnish a certificate
from a licensed plumber in a form acceptable to the City as described in Section
3.30, 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 19th day of August, 2008.
IslLinda R. Loomis
Linda R. Loomis, Mayor
ATTEST:
IslSusan 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 19th day of August, 2008.
IslLinda R. Loomis
Linda R. Loomis, Mayor
ATTEST:
IslSusan M. Virnig
Susan M. Virnig, City Clerk
alley
Mem du
Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 19,2008
Agenda Item
5. 8. 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. Of those 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.
These ordinance amendments were approved on their first consideration on August 6, 2008.
If adopted on second consideration, the amendments will be effective upon publication.
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
second 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 enwironment, 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 of 4
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 of 4
9 10.51
a. Statement of intent and purpose in cultivating Native Vegetation;
b. Site plan showing lot lines, buildings, location of proposed Native
Vegetation, the property's legal description, corner visibility
requirements as defined by Section 7.04 of City Code, and right-of-
way requirements as defined by Section 7.05 of City Code.
c. Latin and common names of the species the property owner or
occupant plans to cultivate;
d. Maintenance requirements for said species;
e. Name and address of a Professional Landscaping Company which has
been hired to perform maintenance on the Native Vegetation; or the
name, address, and qualifications of the person(s) who will be
responsible for maintenance of the Native Vegetation.
f. A Maintenance Plan, which shall contain the following:
1) Planting diagram showing the location and mature height of all
specimens of Native Vegetation; and
2) Detailed information on the upkeep of each specimen; and
3) Details of any long-term maintenance required for the Native
Vegetation.
3. Revocation. The City Manager or designee may regularly inspect any
property holding a Native Vegetation Permit for compliance with the
Maintenance Plan on file with the City for the property. For any property
out of compliance with the Maintenance Plan, the City Manager or
designee shall give notice to the holder of the Native Vegetation Permit by
US Mail stating that the property must be in compliance with the
Maintenance Plan within thirty (30) days. Should that period pass without
action by the holder of the Native Vegetation Permit, the City Manager or
designee shall:
a. Revoke the Native Vegetation Permit;
b. Remove all improperly maintained Native Vegetation;
c. Declare the property ineligible for a Native Vegetation Permit, unless
sold, for a period of two (2) years; and
d. Assess the property for all fees associated with inspection of the
property and any removal of improperly maintained Native Vegetation
in accordance with Subdivision 5 of this Section.
Golden Valley City Code
Page 3 of 4
S 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
~ 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 .Iands. 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 10.52
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: Prohi-Bition Regarding
Phosphorous Containing Feffilizers wlication
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 applic\Jtors sholl be p\Jid by the commerci\J1 \Jpplic\Jtors if the
s\Jmple\Jn\Jlysis indic\Jtes th\Jt phosphorous content exceeds the levels
\Juthorized herein.
Golden Valley City Code
Page 1 of 2
9 10.52
C Prohibition RegiJrding Phosphorous Content In Fertilizers. No person shiJlI
iJpply iJny liJwn fertilizer, liquid or griJnuliJr, .....ithin the City of Golden ViJlley
'/v'hich contiJins iJny amount of phosphorous or other compound contiJining
phosphorous, such iJS phosphiJte, except:
1. The niJturiJlly occurring phosphorous in uniJdulteruted niJturiJl or orgiJnic
fertilizing products such iJS 'y'iJrd 'NiJste compost.
2. Or iJS otherwise provided in Subdivision 4 hereof.
fh .12. Impervious Surfaces and Drainage Ways. No person shall apply fertilizer
to impervious surfaces, drainage ditches, or waterways.
s 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.
Subdhrision 4. Exemption To Phosphorous Prohibition
The prohibition iJgiJinst use of fertilizer contiJining iJny qUiJntity of phosphorous
under Subdivision 3 shnll not iJpply to:
-Pro Ne'Nly estiJblished turf iJnd liJ'v'v'n iJreiJS during first gro.....ing seiJson; or,
&- Turf iJnd liJ.....n iJreiJS which have been confirmed by soil testing to be belo'v'v'
phosphorous levels estiJblished by the University of ~1innesotiJ Extension
Services. The liJwn fertilizer iJppliciJtion shiJlI not contiJin an iJmount of
phosphorous in excess of thiJt which is recommended in the soil test
eViJluiJtion.
8 Phosphorous iJpplied ns liJwn fertilizer pursuiJnt to the iJforementioned
exemptions shiJlI be '.\'iJtered into the soil so thiJt it is immobilized iJnd
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(0) 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 19th day of August, 2008.
IslLinda R. Loomis
Linda R. Loomis, Mayor
ATTEST:
IslSusan M. Virniq
Susan M. Virnig, City Clerk