09-15-09 CC Agenda Packet
AGENDA
Regular Meeting
of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
September 15,2009
6:30 p.m.
The Council may consider item numbers 1, 2, 3, 5 and 6
prior to the public hearings scheduled at 7:00 p.m.
1. CALL TO ORDER
A. Roll Call
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 - August 18, 2009 and Council/Manager
Meeting - September 8, 2009
B. Approval of Check Registers:
1. City
2. Housing and Redevelopment Authority
C. Licenses:
1. Solicitor's License - Minnesota Public Interest Research Group (MPIRG)
2. Gambling License Exemption and Waiver of Notice Requirement - Greater
Minneapolis Crisis Nursery
3. Gambling License Exemption and Waiver of Notice Requirement - Edina
Realty Foundation
D. Minutes of Boards and Commissions:
1. Board of Zoning Appeals - July 28, 2009
* E. I\uthorization to Sign Amended Agreement with Motropolit::m Council for Park and
Ride and I 394 Fronbge Road Rehabilitation
F. Requesting MnDOT Municipal Agreement Funds for Roadway Improvements on
Glenwood Avenue Between Trunk Highway 100 and Natchez Avenue North 09-45
G. Authorization to Sign Minnesota Department of Human Rights Grant Agreement for
Promotion of 2010 U.S. Census
4. PUBLIC HEARINGS 7:00 PM
5. OLD BUSINESS
6. NEW BUSINESS
A. First Consideration - Ordinance #423 - Amending Section 10.30, Regarding
Registration of Dangerous Dogs
B. Announcements of Meetings
C. Mayor and Council Communications
7. ADJOURNMENT
I< Amended
Regular Meeting
of the
City Council
August 18, 2009
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said
City on August 18, 2009 at 6:30 p.m.
The following members were present: Freiberg, Loomis, Pentel, Scanlon and Shaffer. Also
present were: Thomas Burt, City Manager, Allen Barnard, City Attorney; and Judy Nally,
Administrative Assistant.
Approval of Aaenda
MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve the
agenda of August 18, 2009 as submitted.
Approval of Consent Aaenda
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
agenda of August 18, 2009 as submitted.
*Approval of Minutes - City Council Meetina - July 21, 2009 and Council/Manaaer
Meetina - Auaust 11, 2009
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
City Council Meeting minutes of July 21, 2009 and Council/Manager Meeting minutes of
August 11,2009 as submitted.
*Bills and Claims
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the
payment of the City bills as submitted.
*Solicitor's License - Books are Fun
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
solicitor's license for Books are Fun.
*Minutes of Boards and Commissions
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and
file the minutes as follows:
Civil Service Commission - March 21, 2009
Human Services Foundation - July 13, 2009
Regular Meeting of the City Council
August 18, 2009
Page 2
*Quotes - Playground Equipment - Seeman Park
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the
purchase and installation of playground equipment at Seeman Park from the lowest
responsible bidder, Play Power/Flanagan Sales for $35,213.46. The bids are as follows:
Earl F. Andersen, Inc.
Play Power/Flanagan Sales
$37,660.00
35,213.46
*Board/Commission Appointments
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously make the
following appointments:
Open Space and Recreation Commission:
Daniel Steinberg 3 year term term expires - 5/1/12
Civil Service Commission
Ben Peterson 3 year term
term expires - 51/12
Continued Public Hearing - Ordinance #421 - Conditional Use Permit 09-67-
Amendment #1 - 9405 Medicine lake Road - George Kabalan, Applicant
The following ordinance was MOVED by Shaffer, seconded by Pentel, as amended:
ORDINANCE NO. 421, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Approval of Amended Conditional Use Permit No. 09-67, Amendment NO.1
9405 Medicine Lake Road
George Kabalan, Applicant
George Kabalan, Applicant, reviewed his conditional use permit and answered questions
from the Council.
Mark Grimes, Director of Planning and Development, introduced the agenda item and
answered question from the Council. Allen Barnard answered questions from the Council.
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon. Hearing and seeing no one, the
Mayor closed the public hearing.
MOVED by Shaffer, seconded by Pentel and motion carried unanimously to approve
Ordinance #421, 2nd Series, as amended: Condition 3. All signage on the site will meet the
requirements of the City's sign code by no later than August 31, 2009. The signage shall
remain in compliance thereafter.
Regular Meeting of the City Council
August 18, 2009
Page 3
Continued Public Hearina - Ordinance #421 - Conditional Use Permit 09-67-
Amendment #1 - 9405 Medicine Lake Road - Georae Kabalan. Applicant - Continued
4. "No parking" signs shall be installed per the Fire Marshal along the west side of the
shared driveway adjacent to TH 169 by no later than August 31,2009. If, however, the
shared driveway access is vacated by the agreement of the two property owners, parking
may occur along the west side of the driveway. If the shared driveway access is eliminated
by the agreement of both parties, a permanent fence or other barrier shall be constructed
along the property line between the two properties. The design of the fence and a barrier
shall be approved by the Director of Planning and Development.
6. Compliance will be reviewed by the Staff in six months after issuance of the permit.
Upon a roll call vote, the vote was as follows:
FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES
Announcements of Meetinas
A Bassett Creek Watershed Commission will be held on August 20, 2009 at 11 :30 am.
Some Council Members may attend the Retirement Party for Lyle Johnson on August 27,
2009 at 9:30 am in the vehicle maintenance garage.
The next City Council meeting will be held on September 1, 2009 at 6:30 pm.
The City Offices are closed on Monday, September 7,2009 in observance of Labor Day.
Some Council Members may attend the Douglas Drive Corridor Study Committee meeting
on September 8,2009 at 7:30 am.
The next Council/Manager meeting will be held on September 8 at 6:30 pm.
Mayor and Council Communications
No action and/or discussion took place.
Adiournment
The Mayor adjourned the meeting at 7: 13 pm.
Linda R. Loomis, Mayor
ATTEST:
Judy Nally, Administrative Assistant
Council/Manager Meeting Minutes
September 8,2009
Present: Mayor Loomis and Council Members Freiberg, Pentel, Scanlon and Shaffer, City
Manager Tom Burt, Finance Director Sue Virnig, Park and Recreation Director Rick
Jacobson, Golf Operations Manager Ben Disch, Recreation Supervisor Jeanne Fackler, City
Planner Joe Hogeboom, Public Works Director Jeannine Clancy, City Engineer Jeff Oliver
and Assistant City Manager Jeanne Andre.
The meeting began at 6:30 pm in the Council Conference Room.
2010-2011 Proposed Budget Other Funds
The Council reviewed the proposed budgets for enterprise funds including Storm Sewer,
Brookview Golf Course, the Human Services Foundation, Recycling and Motor Vehicle
Licensing. Staff addressed Council questions, but no changes were directed by the Council.
The Council asked staff to assess the reserve levels for the various funds and identify how
to address fund balances that are declining.
Transit for Livable Communities Funding Opportunity - Douglas Drive
Joe Hogeboom provided background information on the grant project proposed by Transit
for Livable Communities (TLC) for improvements in the Douglas Drive corridor.
Although the City proposal only provided for a sidewalk on the east side of Douglas Drive,
from the Luce Line Trail to Duluth Street., TLC has expanded the scope of the project and
allocated additional funds. However the additional funds will not cover the cost of the
expanded project, which would include converting the street to three vehicle lanes, two on-
street bike lanes and a new sidewalk on the east side.TLC has also requested the City to
pursue a speed limit of 30-35 mph on Douglas Drive from Golden Valley Road to Medicine
Lake Road. The County Engineer has recommended a speed study to review speeds and is
sending a letter to outline the process. Staff is ready to meet with TLC to further define the
project, identify potential impediments and determine if the City should proceed with an
interim project as proposed by TLC. Staff informed the Council that it is working with the
Hennepin County Transportation Department to pursue the complete rebuild of Douglas
Drive from Highway 55 to Medicine Lake Road through the county's Capital Improvement
Program, sometime after 2015.
With some discussion the Council directed staff to pursue a consulting agreement to design
the project to a 30 percent level in order to better identify the costs, timing and construction
issues related to this project. They also asked staff to identify possible funding sources the
City could tap to compliment the grant funds and go forward with the project as
recommended by TLC now. The Council vision for this interim project includes: street mill
and overlay to convert the street to three vehicle lanes and two bike lanes, a permanent
concrete sidewalk on the east side of the street with new concrete curbs, undergrounded
private utility lines, and permanent railroad and creek crossings. The mill and overlay would
be from Golden Valley Road to Medicine Lake Road, while the new sidewalk would be from
the Luce Line Trail to Duluth Street. The Council definitely wants to pursue underground
private utilities under the new sidewalk and would also like to know the cost of additionally
undergrounding utilities between Duluth Street and Medicine Lake Road as part of this
project. Tom Burt explained that the Council would also need to consider a policy regarding
the cost allotment for private utility connections that would be needed to connect to new
underground trunk lines. Also, some easements might be necessary to build the sidewalk.
Council/Manager Meeting Minutes
September 8, 2009 - Page 2
The Council expressed an interest in working with Hennepin County to reduce the speed
limit but noted concerns about a TLC caveat that the construction be done by August 10,
2010, which would be a difficult timeline to meet. Council directed staff to negotiate the
project parameters, as discussed at the meeting, with TLC to see if the grant requirements
can be adjusted in keeping with the Council direction.
2010 Pavement Management Program - Project Issues
Jeannine Clancy and Jeff Oliver reviewed some of the issues that staff has been studying
and consulting about with the neighborhood in preparation for the Public Hearing for the
Project.
. Enhanced green space (and reduced roadway) at Meander Road near Paisley Lane-
A concept for native plantings was presented. The Council supported the approach
but asked that some of the area include no-mow turf in order to create an area where
neighbors could congregate.
. Water Main - Watermains will be replaced in the vicinity of Paisley and Meander
Lane as part of this project.
. Surmountable Curbs - An initial request to consider surmountable curbs in the
Paisley/Meander portion of the project has been withdrawn.
. Harold Avenue Cul-de-Sac - This portion of the street was built to standards in 1992-
93. Staff is recommending storm drainage improvements and a mill and overlay as
part of this project. Since City policy does not assess a mill and overlay, the
assessments to properties served by the cul-de-sac will be modified.
. Traffic Concerns on Westchester Circle, Edgewood and Georgia Avenues - The
neighborhood expressed concerns about cut-through traffic and traffic speeds on
these streets. Staff studied the traffic and determined that about 25 percent of the
traffic did not originate on these streets, but most was from adjacent neighborhoods.
A speed study showed that speeds were slightly above the posted limit. To respond
to these concerns staff is considering signs to promote speed enforcement. Staff is
also recommending a T- intersection at Georgia Avenue and Glenwood. Changes to
street widths are also under consideration. Options are 24 feet, 26 feet, or 28 feet
with 24-foot choker segments. Staff would prefer narrower streets to choker
segments, in order to provide the best level of maintenance in all seasons. These
options will be discussed with residents at a September 10th neighborhood meeting.
. Sidewalks on Georgia and Edgewood Avenues and Winchester Circle - No
sidewalks were proposed for these streets, but neighborhood residents are
circulating a petition to request sidewalks. Since these sidewalks are not on the City's
Sidewalk Plan residents have been informed that an assessment may be required if
sidewalks are constructed. If a petition with more than 50 percent support is
submitted, staff requested that the Council allow staff to bring the petition directly to
the Sidewalk Committee in order to keep the project on schedule for bidding. The
Council agreed with this approach.
Comprehensive Plan Transportation Element - Functional Classification
Designations - Jeannine Clancy reported that staff has identified some City streets that
Golden Valley has classified differently than the Metropolitan Councilor the City of St. Louis
Park. Staff is looking for direction from the City Council on resolving these incompatibilities.
Council/Manager Meeting Minutes
September 8,2009 - Page 3
Mike Kotila of SEH distributed information compiled in response to a meeting earlier in the
day with staff from the Metropolitan Council. He outlined some of the incompatibilities.
. Plymouth Avenue is classified by Golden Valley as a local street and by the
Metropolitan Council as a major collector. Changes to Plymouth Avenue constructed
many years ago did not get into the City's Comprehensive Plan and therefore were
not communicated to the Metropolitan Council. The Council agreed to start a process
with Met Council to reclassify Plymouth as a local street in keeping with its current
use.
. Other streets such as General Mills Boulevard, Regent Avenue, and Duluth Street
are classified as Minor Collectors in Golden Valley, which is not a classification the
Met Council uses in inner ring suburbs.
. Xenia Avenue is classified as a Major Collector in Golden Valley and a Minor Arterial
in S1. Louis Park.
Jeannine Clancy suggested that if the above-noted classifications for minor and major
collectors are upgraded there may be more funding options to improve the streets. The
Council requested staff to provide a detailed definition of each classification and a list of
streets where changes should be considered, including the termini for each proposed
classification. With this information the Council will review the status of the streets and
consider reclassifying them at a future Council/Manager Meeting.
Residential Zoning District (R-1) Accessory Structures Setback Requirements
Council Member Pentel reported that she has had a complaint from a resident regarding an
accessory structure constructed three feet from the side-yard setback of another residence,
which is permitted under the City Code. Mayor Loomis noted that she had asked the
Planning Commission to review this type of situation to see if setbacks to side-yard should
be different than those to rear yards. Council Member Shaffer asked for clarification on
requirements for fences in rear yards and whether an eight-foot fence is considered a fence
or a structure in the City Code.
Building Board of Review
Council Member Shaffer reported that he would like to revisit previous discussions about
disbanding the Building Board of Review (BBR). He stated that the current BBR
consideration of a project after all Planning Commission and City Council approvals is
problematical to applicants and their consultants and contractors. He suggested that this
type of review should be built into the planning process, perhaps through an early Building
Official review and submission of comments to the Planning Commission. Another
alternative would be site plan review. The Council agreed with this approach. Tom Burt
indicated he would seek suggestions from staff on the best way to incorporate landscaping
and building review earlier in the process. He will then initiate dissolving the BBR.
The meeting adjourned at 9:25 pm.
Jeanne Andre
Assistant City Manager
Hey
m
Finance
763-593-8013/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
September 15, 2009
Agenda Item
3. B. 1. Approval of City Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of check register for various vendor claims against the City of Golden Valley.
Attachments
Loose in agenda packet.
Recommended Action
Motion to authorize the payment of the bills as submitted.
alley
Mom
Finance
763-593-8013 I 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
September 15, 2009
Agenda Item
3. B. 2. Approval of Housing and Redevelopment Authority Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of check register for various vendor claims against the Housing and Redevelopment
Authority.
Attachments
Loose in agenda packet.
Recommended Action
Motion to authorize the payment of the bills as submitted.
alley
City Administration/Council
763-593-8002 I 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
September 15, 2009
Agenda Item
3. C. 1. Solicitor's License - Minnesota Public Interest Research Group (MPIRG)
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 Public Interest Research Group
(MPIRG).
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: $ SO
7800 Golden Valley Road Number. of Persons: 'S
Golden Valley, MN 55427 Type of License Requested: ,5)1 \~ tl..s,
Enclose the sum of $ 50 for S (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.
H \ ~ k)e~TA Y u 8ue.... \ ~Te'{2.8~T '~~~f)(2.(M G, ~O t ) P Ct.-fPi)2..b:I)
(Business or Individual Name to be Licensed)
l?l13 fiFTH Sf J2.ggr ~g 6U'T~ H\ ~'t.)N~POt.tS J...\tJ 65'-l1.:1
(Address, including City, State and Zip Code)
,at";;') f.o~( Lfb36
(Telephone Number, including Area Code)
H P I j2 G-, hereby makes application for the
(Applicant Name;)
h 6/30/ oq , subject to the conditions and provisions of said City Code.
NOW, THEREFORE,
REQUIRED LICENSE INFORMATION
Applicant (if different from above):
f'4lq}e 'DAViD J. Ut "-BLOdL,
Address 31;}", 1l'"A~Ef:S. fv\lN(Vt?A-rCLl<'::'" MlU bb'10"
(Incfude City, State and Zip 'Code)
Telephone Number (including area code) ((,0 \a.") 810 -z.c:e9
Date of Birth (if an individual) lO I '4/l4 e Y
Business Name of Applicant M n..a..> e-:.so~ 'PUlbL\ L \tST~r '\2.-e-<SE"f\(U..ti 61200 P
Address \Dl~ F\~\i ~~~ &g, &uiTe \ t\ J M\\...)f~mfOLtS (Vlf...,) SiS414
(Include City, State and Zip Code)
Define Business ~}.J .. \>~F \T
(Corporation, Proprietorship, Partnership, etc.; State of Incorporation)
Description of goods or services for sale (include prices) or indicate if soliciting donations. If more
space is needed, attach additional sheets (be specific):
Sct..\c...n,lVC:n UOt0A-'\\c~S 1=0\2- \'we 1>u~pc~e Dr=~l2-t'\~-~OOT'5.
"POLi.T\tPrL C\tf\NtsJe. f
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 t---\llVlV{ffio~ '?06l,lBt H..JT€lZ-6T U5m\1Ztit ~l2.ouP
Address of Organization \3i''?J F\ ~TJ.l 5,. GB" SUIT~ 111 I uP~ 1 M ~ ~tj,c.l
(Include City, State and Zip Code)
Telephone Number (Includin[ Area Code)
to\ ;;l lp~ -f ttoO'S
Define Business
tv01\.J ..1> e.-of-\,
(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:
'R.a5-PolV~\'e:)l.E ~I":>:
~(-\Gt-\eL D5LA~o I-.;)
131~ f\FTH ST. sa-- Surnf H\
~ltVrvmfC>L.lS~ M~ 5~414
W: lDlri.. (D~T 4035
e. ~ tot;,;) aq b btJ LHo
(If il'IO}:-e space is needed, attach additional sheets)
STATE oFfJ7/IUNf.fltJ1fr )
) ss.
COUNTY OF Hf,l/Jllri!ItV)
I, pp,.\Jl nue:. 6Loc-te-..
(Officer/Individual)
of
fv\ P I {2-Gl
(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 a I. b.be)ili1, a a.s ~..iWh matter..~..
he/she beheves them to be true. 0'/,;// h /
~.
(Signature of Ap cant/Principal Officer)
Subscribed and sworn to before me this
qJ1-daYOf ~~ ,200'1
~~.iUl (;. 7t~/
(Signature)
JUDITH A. NALLY
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31,2010
I
alley
M 0 U
City Administration/Council
763-593-8006/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
September 15, 2009
Agenda Item
3. C. 2. Gambling License Exemption and Waiver of Notice Requirement - Greater
Minneapolis Crisis Nursery
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 Greater Minneapolis Crisis Nursery 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 the Greater Minneapolis Crisis Nursery.
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 $50,000 in prizes during a calendar year.
Page 1 of 2 7/09
Application fee
If a Iication ostmarked or received:
less than 30 days more than 30 days
before the event before the event
$100 $50
ORGANIZA liON INFORMATION
Check #
Organization name
C; reA.,~--\f fC\ 1 h Y\!to.: 0 \ \ S ~ \ ~ j 5
Type of nonprofit organization. Check one.
I 0 I Fraternal I 0 I Religious ) 0' Veterans J gJ I Other nonprofit organization
Mailing address City State Zip Code
S4pc Cle.Y\wood ~ GV' SSLJ~l
Name of chief executive officer (CEO) Daytime phone number Email address
rnO.f th...+ Lee:. 7b3~;).;).k,-J6~{ kmant\IIS~GrISI.fnl.t
Attach a copy of ONE of the following for proof of nonprofit status. Check one.
Previous gambling permit number
Nut&-R to
County
~\el\Y\ ~
r,
Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofi~ '1] 62728<.
I 0 I Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. 0/'))
Don't have a copy? This certificate must be obtained each year from: !V. . .. n
Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 /i!,b'one: 65~-~~"
C\I . ((S
~ IRS income tax exemption [501(c)] letter in your organization's name. ~. 2. . it.
~ Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an 0 izatio,Xh:{ij'~ COmR e;,
contact the IRS at 877-829-5500. ~ ,! BOP\f\P ~
\ '\~19. <0
g IRS - Affiliate of national, statewide, or international parent nonprofit organization (chartin ~$J~l ,~O~
If your organization falls under a parent organization, attach copies of both of the following: eL ~" "
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.
[g
IRS - proof previously submitted to Gambling Control Board
If you previously submitted proof of nonprofit status from the IRS, no attachment is required.
GAMBLING PREMISES INFORMATION
Name of premises where gambling activity will be conducted (for raffles, list the site wh~re the drawing will take place)
5 /<6
Date(s) of activity (for ra
I
ty
l)Q 2Ct~ ct 81l; b6ldA i, Va lla
es, indicate the date of the drawing)
County
~5/"ILL
<5 c-\: <1, d.001
Check the box or boxes that indicate the type of gambling activity your organization will conduct:
o Bingo. ~ Raffles 0 Paddlewheels. 0 Pull-Tabs. o Tipboards.
* G..mbling 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.
Also complete
Page 2 ofthis form.
I FilHn&;Pi'int,Form I
I Reset Form I
LG220 Application for Exempt Permit
LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT
If the gambling premises is within city limits,
a city official must check the action that the city is
taking on this application and sign the application.
bhe application is acknowledged with no waiting period.
:...2....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.
0p/de
Date q /~J!L
CHIEF EXECUTIVE OFFICER'S SIGNATURE
Page 2 of 2
7/09
If the gambling premises is located in a township, a
county official must check the action that the county is taking
on this application and sign the application.
A township official is not required to sign the 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 official receiving application
Title
Date~-I_
(Optional) TOWNSHIP: On behalf of the township, I
acknowledge that the organization is applying for exempted gambling
activity within township limits. [A township has no statutory authority
to approve or deny an application [Minnesota Statute 349.166))
Print township name
Signature of township official acknowledging application
Title
Date-l-l_
Chief executive officer's signature
Complete a separate application for each gam
- 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
- 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
best of my knowledge. I acknowledge that the
of the date f our gambling activity.
Date ~ c9/_
Financial report and recordkeeping required
A financial report form and instructions will be sent with
your permit, or use the online fill-in form available at
www.gcb.state.mn.us. 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.
IFill-in & Print Forml
Reset Form "I
Data privacy. This form will be made available in
alternative format (i.e. 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,
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 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 international
gambling regulatory agencies; anyone pursuant
to court 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 consent.
GMCM
Fax:7635458421
Sep 2 2009 11:13
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September 1, 2009
Judy Nally
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
Dear Judy:
Greater Minneapolis Crisis Nursery will host our Harvesting Hope Wine
Tasting fundraising event at the Metropolitan Ballroom on Friday, October
9,2009. We are requesting permission for a raffle at this event and
respectfully request that the City Council waive the customary 30-day
waiting period for the exemption for lawful gambling permit required for
this type of event.
Thank you for your consideration.
Sincerely,
i'~/?/tI~
K~t~l~n Manning [.J
Annual Fund Manager
Golden Valley Shl:ltcr i1nd Adrninislrlltive omces . 5400 Glenwood Avenue, GOloen valley, Minnegcl.!l 55422
Trent Blain,
Mary Zimmer,
Melellh Follen.
Carol Shaw,
Brian Wtlrpinski,
Marthil Burnett Pellee
l;rj(; J. Bu:;:;
Sean T. Fa~lh
Wendy L Fnl2
Oebr~ K. M~rlMs
MJ Hauser
Andrea I(melZ-S~eehy
Dawn Larsen
Karen McKenna
Patty Murphy
LiSll O'Brien
Lisa Walker
David W. Wright
Mary ~at L~
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City Administration/Council
763-593-8006 I 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
September 15, 2009
Agenda Item
3. C. 3. Gambling License Exemption and Waiver of Notice Requirement - Edina Realty
Foundation
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 Edina Realty Foundation 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 Edina Realty Foundation.
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 $50,000 in prizes during a calendar year.
Page 1 of2 7/09
Application fee
If a lication ostmarked or received:
less than 30 days more than 30 days
before the event before the event
$100 $50
ORGANIZA liON INFORMA liON
Check #
$
Organization name
Edina Realty Foundation
Type of nonprofit organization. Check one.
D Fraternal D Religious D Veterans
Mailing address City
6800 France Ave. 5., Ste. 600 Edina
Previous gambling permit number
X-05309-08-002
[g] Other nonprofit organization
State Zip Code
MN 55435
County
Hennepin
Name of chief executive officer (CEO)
Robert S. Peltier
Daytime phone number
952-928-5715
Email address
Attach a copy of ONE of the following for proof of nonprofit status. Check one.
Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status.
~
Nonprofit Articles 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, St. Paul, MN 55155 Phone: 651-296-2803
D
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.
D
IRS. 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.
D
IRS - proof previously submitted to Gambling Control Board
If you previously submitted proof of nonprofit status from the IRS, no attachment is required.
GAMBLINGPREMIS.ES1NFORMAlION
Ni:lI1'1eofprernises where gambling activity will be conducted (for raffles, lisfthe site where the drawil1gwill take place)
Edina Realty Title, Inc.
Address (do not use PO box)
4800 Olson Memorial Hwy.
City
Golden Valley
Zip Code
55422
County
Hennepin
Date(s) of activity (for raffles, indicate the date of the drawing)
Wednesday, November 11,2009
heck the box or boxes that indicate the type of gambling activity your organization will conduct:
D Bingo* IZI Raffles D Paddlewheels* D Pull- T abs* 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.
Also complete
Page 2 of this form.
LG220 Application for Exempt Permit
Page 2 of2
7/09
LQCAL..UNITQFGOVERN.MENTAO.KNOWLEDGMEN'J"
If the gambling premises is within city limits,
a city official must check the action that the city is
taking on this application and sign the application.
~e 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
On behalf of the city, I acknowledge this ap
Oate~/}lI1fL
CHIEF EXECUTIVE OFFICER'S SIGNATURE
If the gambling premises is located in a township, a
county official must check the action that the county is taking
on this application and sign the application.
A township official is not required to sign the 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 official receiving application
Title
Oate---1_I_
(Optional) TOWNSHIP: On behalf of the township, I
acknowledge that the organization is applying for exempted gambling
activity within township limits. [A township has no statutory authority
to approve or deny an application [Minnesota Statute 349.166)]
Print township name
Signature of township official acknowledging application
Title
Date
The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the
financial reporl will be completed and returned to the Bo ithin '-tjambling activi y.
Chief executive officer's signature
Complete a separate application for each gambing activO
- 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
- 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
Date
Financial report and recordkeeping required
A financial report form and instructions will be sent with
your permit, or use the online fill-in form available at
www.gcb.state.mn.us. 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.
Data privacy. This form will be made available
in alternative format (i.e. 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,
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. lNhen
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 slaff 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 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 consent.
"'E~O\MDM~~
September 3,2009
Judy Nally
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
Re: Permission to Hold Raffle Event
Dear Ms. Nally:
I am writing to request permission for our non-profit organization to hold a raffle in
Golden Valley on November 11,2009.
Each year we host a raffle fundraiser for the Edina Realty Foundation to raise money for
local homeless and homeless prevention charities. Last year we held our raffle event at
our Edina Realty Title office located at 4800 Olson Memorial Highway, Golden Valley,
MN 55422. We are respectfully asking your permission again this year for this
worthwhile event.
I have enclosed an Application for Exempt Permit, along with a self-addressed return
envelope.
If you have any questions, please feel free to contact me at 952-928-5492.
Thank you for your consideration.
Sincerely,
~a. f.pw~
Kim A. Lewis
Edina Realty Foundation Representative
952-928-5492
BUILDING A BETTER TOMORROW FOR HOMELESS FAMILIES 6800 France Ave S, Suite 670 Edina, MN 55435
telephone: (952) 928-5356 fax: (952) 928-5299
Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
July 28,2009
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
July 28, 2009 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair
Segelbaum called the meeting to order at 7 pm.
Those present were Members Kisch, Nelson, Segelbaum, Sell and Planning Commission
Representative McCarty. Also present were City Planner Joe Hogeboom and
Administrative Assistant Lisa Wittman.
I. Approval of Minutes - June 23, 2009
MOVED by Sell, seconded by Kisch and motion carried unanimously to approve the June
23,2009 minutes as submitted.
II. The Petitions are:
1221 Pennsylvania Avenue North (09-07-09)
David and Cindy Berg/Sicora Inc., Applicants
Request: Waiver from Section 11.21, Subd. 11 (A)(1) Front Yard Setback
Requirements
. 4.8 ft. off the required 35 ft. to a distance of 30.2 ft. at its closest
point to the front yard (north) property line.
Purpose: To allow for the construction of an addition to the home and a new
two-stall garage.
Request: Waiver from Section 11.21, Subd. 11(A)(2) Rear Yard Setback
Requirements
. 3.3 ft. off the required 28.7 ft. to a distance of 25.4 ft. at its closest
point to the rear yard (west) property line.
Purpose: To allow for the construction of an addition to the home and a new
two-stall garage.
Hogeboom stated that the applicants are proposing to construct an addition to their
home and new two-stall garage. He stated that it is difficult for the applicants to meet
the setback requirements because this property is a corner lot and the west property
line is considered the rear property line rather than a side yard property line. He noted
that the neighboring property to the west (1228 Quebec Ave. N.) is located closer to
Minutes of the Golden Valley Board of Zoning Appeals
July 28, 2009
Page 2
Plymouth Avenue than the applicants' home would be if they build the proposed new
addition and garage. He said he believes the applicant's meet the hardship
requirements and that staff is recommending approval of these variance requests.
Cindy Berg, Applicant, stated that they moved into this home in 1975 and have always
had dreams of expanding it. She stated that the house is too small and they have never
been able to keep both cars in the garage along with lawn and snow equipment and
other storage and they would rather not build an accessory structure. She said they
want to "age in place" and stay in Golden Valley and all of the neighbors are excited
about their proposal.
David Berg, Applicant, referred to an aerial photo of the area and noted how close other
nearby homes are to the property line along Plymouth Ave. He reiterated that their
home will be further away from Plymouth Ave. than these neighboring homes even after
their proposed addition is constructed.
Tom Sicora, Contractor for the Project, referred to a survey of the property and
explained that they have condensed everything as much as they could in order to stay
within the setback requirements. He stated that this is an oversized lot and the rear yard
setback requirement of 20% of the lot depth is causing the problem because this lot is
143 feet in depth.
McCarty asked about the size of the existing garage. Sicora said the existing garage is
20 ft. x 20 ft.
Segelbaum asked how much closer the proposed new garage would be to the west
property line compared to the existing garage. Kisch noted that the new garage would
be 7.7 ft. closer to the west property line compared to the existing garage.
Nelson asked how much closer the proposed new garage would be to the north
property line along Plymouth Ave. Sicora stated that the existing garage is parallel with
the front of the home and the new garage will be 14.67 ft. closer to Plymouth Ave. He
reiterated that even with the proposed addition, the home will be set back further from
Plymouth Ave. than the neighboring properties.
McCarty asked Sicora if he considered designs that would meet the setback
requirements. Sicora stated that they thought the west side of the property would be
considered a side yard so now the proposed design isn't working. He said he knows the
neighboring property owners received a variance so they thought this design would be
ok.
Segelbaum opened the public hearing. Seeing and hearing no one wishing to comment,
Segelbaum closed the public hearing.
Minutes of the Golden Valley Board of Zoning Appeals
July 28, 2009
Page 3
McCarty said he is having a difficult time seeing a hardship with this property. He noted
that the applicants already have a two-stall garage and that the proposed new garage is
noticeably bigger.
Nelson said she sees a hardship in the fact that this is a corner lot and the property line
along Plymouth Ave. is very long which is making the rear yard setback greater. She
added that if this wasn't a corner lot the applicant wouldn't need a variance. Kisch
agreed and added that the west side of this property acts and looks more like a side
yard than a rear yard. He said he thinks the construction of a shed in this case would be
more imposing on the neighboring properties.
Sell said he thinks that when this home was originally built the west side of the lot would
have been considered a side yard, not a rear yard for setback purposes. He agreed that
the west side of this property looks and acts more like a side yard than a rear yard. He
added that he supports this request because the neighboring homes are closer to
Plymouth Ave. than this one would be after the construction is complete.
Nelson asked if this lot were smaller if they'd be dealing with different numbers.
Hogeboom said yes and explained that the rear yard setback is figured by taking 20%
of the lot depth.
McCarty said he thinks the applicants could meet the rear yard setback requirement
and would only need a variance from the front yard setback requirement.
Segelbaum stated that the Board has been strict about following code requirements in
regard to front yard setbacks and making sure that houses line up with each other
visually. He stated that he doesn't think the Board would be compromising its principles
by granting the front yard variance in this case because the neighboring properties are
closer to the front along Plymouth Ave. than this one would be.
Kisch said he feels this proposal meets the intent of the zoning code and reiterated that
the west side of the property feels more like a side yard than a rear yard.
MOVED by Sell, seconded by Segelbaum and motion carried 4 to 1 to approve the
variance request for 3.3 ft. off the required 28.7 ft. to a distance of 25.4 ft. at its closest
point to the rear yard (west) property line to allow for the construction of an addition to
the home and a new two-stall garage. McCarty voted no.
MOVED by Sell, seconded by Nelson and motion carried unanimously to approve the
variance request for 4.8 ft. off the required 35 ft. to a distance of 30.2 ft. at its closest
point to the front yard (north) property line to allow for the construction of an addition to
the home and a new two-stall garage.
McCarty asked that the hardship be noted for the record. Sell stated that a similar
variance for the neighboring property was granted. Nelson stated that she thinks a
corner lot with two front yard setbacks is a hardship. Segelbaum stated that he sees
Minutes of the Golden Valley Board of Zoning Appeals
July 28, 2009
Page 4
this request as a balance between having a hardship, having no negative impact to
surrounding properties and being a reasonable request.
1518 Valders Avenue North (09-07-10)
Vernon Berglund, Applicant
Request: Waiver from Section 11.21, Subd. 11(A)(3)(a) Side Yard Setback
Requirements
. 7.5 ft. off the required 12.5 ft. to a distance of 5 ft. at its closest
point to the side yard (north) property line.
Purpose: To allow for the construction of an addition to the home and a new
two-stall garage.
Request: Waiver from Section 11.21, Subd. 11(A)(3)(d) Articulation
Requirements
. The wall of the addition along the north property line will be 35 ft. in
length without articulating
Purpose: To allow for the construction of an addition to the home and a new
two-stall garage.
Hogeboom explained the applicant's request to construct a two-stall garage with living
space behind it. He stated that when the applicant's paperwork was submitted it showed
that the proposed garage/addition would be located a distance of 5 feet at its closest point
to the north property line, however the applicant has since stated that the garage/addition
will actually be located 5.7 feet away from the north property line. He noted that the
applicants are also requesting a variance from the articulation requirements for the north
side of the proposed garage/addition. He stated that the neighboring property to the north
received a variance in the past to do an addition along the property line in question. He
added that staff supports these variance requests.
Segelbaum asked if there is a rule requiring a certain distance between homes.
Hogeboom said there is not a rule regarding distance between homes but City staff likes
there to be at least 10 feet of space between homes.
Kisch asked if eaves and overhangs are considered when looking at articulation
requirements. Hogeboom stated that staff considers the foundation when looking at
articulation. Kisch suggested that the intent of the articulation requirements be clarified.
McCarty said he thinks the intent is for the entire structure to articulate.
Minutes of the Golden Valley Board of Zoning Appeals
July 28, 2009
Page 5
Beth Malmberg, Vujovich Design Build, explained that the two-stall garage and addition
behind it logically fits on the north side of the home. She referred to a plan of the proposed
addition and stated that the outside dimension of the proposed new garage is 21.5 feet.
She said they are willing to make changes to their proposal but articulating the foundation
of the north wall will bring the addition further into the setback area. She added that the
concept is to cantilever the space, not the foundation which she feels meets the intent of
the articulation requirements.
Kisch referred to an exterior door shown on the side of the garage and asked if there will
be stairs leading from it. Malmberg said there will be a 3 ft. x 3 ft. stoop in that location.
Hogeboom stated that up to 25 square feet of stairs and landings can be located in a
setback area.
Kisch asked to see the interior plans for proposed addition. Malmberg showed the Board
the interior plans and discussed the proposed addition. McCarty asked about the depth of
the proposed new garage. Malmberg said the depth of the garage will be 24 feet. McCarty
asked about the size of the proposed addition. Malmberg explained that part of the new
addition is a mudroom and is approximately 9 ft. x 12 ft. in size.
Sell discussed possible alternatives for the location of the service door in the garage.
Kisch showed the applicants a sketch and noted that if the proposed addition was
"stepped in" slightly they would meet the articulation requirements. Malmberg stated that
they have worked hard to make sure the applicants will get the space they need to make
proposed addition function properly. She noted that the back line of the house is not
changing.
Malmberg explained that the proposed garage addition would be 6'2" away from the
property line in the front and 5'7" away from the property line in the back because the
house isn't exactly parallel with property line. Sell suggested changing the variance
request to 7 ft. off the required 12.5 ft. to a distance of 5.5 ft. at its closest point to the side
yard (north) property line.
Segelbaum asked the applicants what they consider the hardship to be. Vernon (Chip)
Berglund, Applicant, stated that the hardships are that there is currently a single-stall
garage and that it is important to him not to infringe further on the neighbor to the north.
He added that he doesn't want there to be a "tunnel" between the two houses. He added
that they have really tried to expand the use of the house without expanding the footprint.
Segelbaum asked the applicant if he intends to do any landscaping on the north side of
the home after the addition is built. Berglund said yes.
Segelbaum asked the applicant if he has any safety concerns about having only 5.7 feet
of space on the north side of the house. Sell noted that there is 20 feet of space on the
south side of the house which is more than enough room for emergency vehicles.
Minutes of the Golden Valley Board of Zoning Appeals
July 28, 2009
Page 6
Segelbaum opened the public hearing. Seeing and hearing no one wishing to speak,
Segelbaum closed the public hearing.
McCarty said he is in support of this proposal. He thinks the plans are nicely done and a
one-stall garage is a hardship.
Kisch said he is in favor of granting the variance request for the side yard, but he can see
other ways of building the proposed addition that would not require a variance from the
articulation requirements. Nelson agreed. Segelbaum said he agrees that having a single
stall garage is a hardship and that the proposed addition behind the garage seems
reasonable. He added that the articulation being proposed, even though the foundation
isn't articulating seems to be meeting the intent of the code.
MOVED by Sell, seconded by McCarty and motion carried unanimously to approve the
variance request for 7 ft. off the required 12.5 ft. to a distance of 5.5 ft. at its closest
point to the side yard (north) property line to allow for the construction of an addition to
the home and a new two-stall garage.
MOVED by McCarty, seconded by Sell and motion carried 4 to 1 to approve the variance
request to allow the wall of the addition along the north property line will be 35 ft. in length
without articulating to allow for the construction of an addition to the home and a new two-
stall garage. Kisch voted no.
7100 Madison Avenue West (09-07-11)
Richard Storlien, Applicant
Request: Waiver from Section 11.70, Subd. 3 Minimum Number of
Required Parking Spaces
. 3 parking spaces off the required 36 parking spaces for a total of
33 parking spaces
Purpose: To allow for the construction of a new parking lot.
Request: Waiver from Section 11.36, Subd. 6(C)(4) Yard Requirements
. 10ft. off the required 10ft. to a distance of 0 ft. of landscaping
along the west side yard property line
Purpose: To bring the existing driveway on the property into conformance with City
Code requirements.
Minutes of the Golden Valley Board of Zoning Appeals
July 28, 2009
Page 7
Hogeboom stated that this is an industrial property and the applicant is proposing to
construct a parking lot to the rear of the existing building with 3 fewer spaces than
required. He explained that the applicant is also requesting a variance from the
landscaping requirements in order to bring the existing driveway into conformance with
zoning code requirements.
Hogeboom explained that 3 feet of the existing driveway is located on the neighboring
property to the west. He stated that the City Attorney has recommended that there be a
condition placed on the approval of the variance regarding the yard requirements that
requires the applicant to prove to the City that an easement exists for the part of the
existing driveway that is located on the neighboring property. He added that the Board
cannot grant a variance allowing anything to be constructed on someone else's property
and if the variance is approved, the Board would only be approving the driveway to be
located 0 feet to the property line without any landscaping. He stated that staff is in
support of the requested variances because the fire code requires the driveway to be 20
feet in width which would be difficult on this lot.
Kisch asked if there are setback requirements for driveways in the Industrial zoning
district. Hogeboom said no. Kisch asked if there are impervious surface requirements in
the Industrial zoning district and noted that currently approximately 70% of the property is
impervious surface. Hogeboom stated there are no impervious surface requirements in the
Industrial zoning district but there are lot coverage requirements. He added that those
issues will be dealt with when the applicant applies for a grading, drainage and erosion
control permit.
Segelbaum asked why the Board doesn't have to address the same driveway issue with
the neighboring property owner. Hogeboom explained that if the neighboring property
owner wants to do any improvements to his property the City would address the driveway
issue with him at that point.
Sell asked how this property is being utilized. Rick Storlien, RDS Architects, stated that
this building was constructed in the early 1970s and is currently being used as office
space. He stated that the area behind the building has a parking area that has never been
maintained and is the area they now want to pave. He stated that the hardship for this
variance request is the location of the building on the lot. It was placed directly in the
center of the property. He referred to the survey of the property and noted that it states
there is an easement for the driveway and he has his surveyor researching to find out if
that easement was ever filed with Hennepin County.
Sell asked if the driveway in question is a shared driveway. Storlien said no.
Nelson asked what will happen if there is not an easement agreement filed at the County
for the driveway. Storlien said the easement issue will be taken care of properly.
Segelbaum asked Storlien why he needs to have three fewer parking spaces than
required. Storlien stated that if the lot were 20 feet wider he wouldn't need a variance. He
Minutes of the Golden Valley Board of Zoning Appeals
July 28, 2009
Page 8
stated that he designed the parking so as to maintain all of the other setbacks which
leaves him three spaces short.
Sell asked how many people use the parking lot. Storlien said there are about 30 people
who park on the property. Segelbaum asked if there will be cars parked along the side of
the building. Storlien said no.
Segelbaum opened the public hearing.
Rod Ogrezovich, 7140 Madison Avenue West, stated that when he bought his property he
knew part of the neighboring driveway was on his lot, but he is not aware of any
easements on the property. He said he is supportive of the applicant's plans but he would
like the driveway issue to be resolved and would like the driveway to be located completely
on the applicant's property.
Hogeboom explained that granting the variance requested for the driveway would only be
allowing the driveway to go right to the property line, not over the property line onto the
neighboring property. He added that if an easement does exist it is between the two
property owners and not the City.
Nelson asked if the driveway would be wide enough if the applicant removed the three feet
from the neighboring property. Storlien said they would be willing to remove the three feet
of driveway on the neighboring property but that would leave them with a 15-foot wide
driveway and the Fire Department is requesting a 20-foot wide driveway.
McCarty asked Ogrezovich if he is open to obtaining an easement if one doesn't already
exist. Ogrezovich said he hasn't pursued it yet and he does not know the ramifications of
an easement on his property at this point.
Seeing and hearing no one else wishing to comment, Segelbaum closed the public
hearing.
Sell questioned if the fire requirements or setback requirements have changed since this
building was constructed because when this building was constructed it received a
building permit so the City allowed the building to be built the way it was.
Segelbaum questioned if the Board has the authority to add a condition regarding the
easement paperwork since it is an issue between the property owners and not the City.
Hogeboom added that if the applicant ever wants to re-pave or maintain the driveway the
City would need both property owners approval. Kisch said he would support granting the
variance with the condition that the applicant must show the City proof of the easement.
McCarty said he is also in favor of granting the variance requests but he doesn't think the
City needs proof of the easement agreement because it is an issue between the two
property owners, not the City. Sell questioned if the City would require proof of the
easement agreement at the time when the grading permit is issued.
Minutes of the Golden Valley Board of Zoning Appeals
July 28, 2009
Page 9
McCarty referred to the request for three fewer parking spaces and said he thinks cities
require too much parking so he is in favor of granting the variance especially since there is
on street parking available. Kisch said he is also in favor of less parking and less
pavement. Ogrezovich said the on street parking in this area is bad because they often
have 53-foot long trailers that need to turn.
MOVED by Kisch, seconded by McCarty and motion carried unanimously to approve the
following variance requests:
. 3 parking spaces off the required 36 parking spaces for a total of 33 parking
spaces to allow for the construction of a new parking lot.
. 10ft. off the required 10ft. to a distance of 0 ft. of landscaping along the west side
yard property line to bring the existing driveway into conformance. This only
applies for the distance of the existing driveway and 10ft. beyond the rear wall of
the building as shown on the plans submitted.
III. Other Business
No other business was discussed.
IV. Adjournment
The meeting was adjourned at 9:26 pm.
alley
e n
Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
September 15, 2009
Agenda Item
3. E. Authorize Agreement with Metropolitan Council for 2009 Asphalt Overlay Project, City
Improvement Project No. 09-11
Prepared By
Jeannine Clancy, Director of Public Works
Ron Nims, Public Works Project Coordinator
Summary
At their August 5,2009 meeting, the City Council authorized an agreement with the
Metropolitan Council (Met Council) for rehabilitation of their Park and Ride facility on the 1-394
south frontage road just east of General Mills Boulevard in conjunction with the City's 2009
Asphalt Overlay Project. However, after the City Council authorized the agreement, which
had been provided by the Met Council, Met Council legal staff requested revisions to the
agreement. The new agreement is attached for Council consideration. Requested revisions to
the document include:
1. Appointment of the City for obtaining bids for the work and awarding contracts on the
Met Council's behalf for work on their facilities.
2. Designating the authorized personnel from each agency for coordination of the project.
3. More clearly establishing the cost participation and reimbursement procedure.
4. Limits for extra work without Met Council pre-approval.
5. Responsibilities are established for each agency for work on the project.
6. Language was added to establish ownership of the completed projects.
7. Establishing liability for each agency.
8. General provisions for administering the contract for the work.
In accordance with the agreement, the City will be reimbursed for all costs expended for work
related to the Park and Ride facility by the Met Council including costs for design and
construction administration.
Attachments
Location map ( 1 page)
Joint Powers Agreement Relating to the Allocation of Costs for the Park and Ride Facility
(9 pages)
Recommended Action
Motion to authorize entering into a Joint Powers Agreement with the Metropolitan Council for
rehabilitating the existing Park and Ride facilities just east of General Mills Boulevard on the
south frontage road of 1-394.
DOUGLAS AVE
,- 11 e
WORKS Y
2009 ASPHALT OVERLAY
Print Date: 7/20/09
Sources:
Hennepin County Surveyors Office for
Property Lines (2008].
~
1-394 South Frontage Road (West) from General Mills Blvd to Texas Ave
1-394 South Frontage Road (East) from City limits to TH 100 East Frontage Road &
TH 100 East Frontage Road/l-394 South Frontage Road from Douglas Ave to France Ave South
JOINT POWERS AGREEMENT
RELATING TO THE CONSTRUCTION AND ALLOCATION OF COSTS
FOR PARK-AND-RIDE FACILITY
THIS AGREEMENT is made and entered into this day of ,
2009, by and between the Metropolitan Council, a public corporation and political
subdivision of the State of Minnesota, 506 Sixth Avenue North, Minneapolis, Minnesota
("Met Council"), and the City of Golden Valley, a political subdivision of the State of
Minnesota, 7800 Golden Valley Road, Golden Valley, Minnesota 55427 ("City").
WITNESSETH:
WHEREAS, the City and Met Council have deemed it beneficial to both parties to
enter into a joint powers agreement for the construction of certain improvements along a
portion of the south frontage road of Interstate Highway 394, located in the City of
Golden Valley, County of Hennepin, State of Minnesota ("Joint Powers Agreement"),
which improvements include the following: rehabilitation of the existing roadway within
Golden Valley from approximately General Mills Boulevard to the east City limits at
France Avenue South and rehabilitation of a park-and-ride facility consisting of two
separate parking lots (hereinafter collectively "Improvements");
WHEREAS, the City has prepared certain plans and specifications to construct
the Improvements, which plans are referred to as City Project 09-11;
WHEREAS, the plans and specifications for Golden Valley City Project No. 09-11
include the mill and overlay rehabilitation of a park-and-ride facility located near the
intersection of the frontage road and General Mills Boulevard;
WHEREAS, the City has authorized its consultant to evaluate the need for a
pedestrian signal system on the frontage road at the park-and-ride facility's crosswalk
for an estimated cost of Four thousand three hundred forty six dollars and seventy cents
($4,346.70);
WHEREAS, the Joint Powers Agreement provides that the parties thereto would
allocate the costs of the Improvements to the appropriate party;
WHEREAS, the Met Council and the City have entered into this joint powers
agreement for the purpose setting forth the responsibilities of the parties with respect to
construction of the Improvements and of allocation of certain costs incurred by the City
relating to the Improvements; and
WHEREAS, Minn. Stat. S 471.59 authorizes political subdivisions of the State of
Minnesota to enter into joint powers agreements for the joint exercise of powers
common to each.
1
NOW, THEREFORE, for valuable consideration the sufficiency and receipt of
which is hereby acknowledged, the parties mutually agree as follows:
I.
PURPOSE OF AGREEMENT
1. The City and Met Council have executed this Agreement for the purpose
of delineating each party's responsibility with regard to the construction, ownership and
cost of the Improvements. The Council hereby appoints the City as its agent to obtain
bids and to construct the Improvements in accordance with the construction documents
for the Improvements as provided below in this Agreement. .
2. For purposes of this Agreement, the Improvements are as follows:
a. Rehabilitation of the existing roadway within Golden Valley from
approximately General Mills Boulevard to the east City limits at France Avenue
South; and
b. Rehabilitation of a park and ride facility consisting of two separate
parking lots.
3. The location of the Improvements is shown on Exhibit A attached hereto
and made a part hereof.
II.
CONSTRUCTION DOCUMENTS
1. As of August 24, 2009, the City has prepared the necessary detailed
construction documents for the Improvements herein referred to as "Documents". The
Documents contains plans and specifications for construction of the Council Project.
City has prepared a construction cost estimate for the Improvements, which
construction cost estimate is attached hereto as Exhibit B.
2. The Documents prepared by the City have been reviewed by the Council
and, found acceptable
III.
EASEMENTS AND PERMITS
1. Any federal, state or local permits necessary for construction of the
Improvements will be acquired by the City, or the City's Contractor.
IV.
ACCEPTANCE OF BIDS
1. Met Council, in connection with the construction of the Improvements, has
appointed the City as its agent to advertise for bids for the work and construction of the
2
Improvements, receive and open bids, pursuant to said advertisement and enter into a
contract with a successful bidder for the Improvements.
2. As of August 24, 2009 The City has advertised, received and opened bids for
the work and construction of the aforesaid City Road Project, including the Council
Project. The City shall enter into a contract with the successful bidder at the unit prices
specified in the bid of such bidder, in accordance with applicable law. If the City decides
not to award the construction contract, this contract shall become null and void.
3. The construction contract entered into by the City for the city road project
will include the Documents prepared and submitted to the City by Met Council and
approved by the City in accordance with Section II of this Agreement, and provide that
Improvements shall be constructed according to the Documents.
V.
CONSTRUCTION AND CONTRACT ADMINISTRATION
1. The City will administer the aforesaid contract and provide construction
staking of the contract work included in the Improvements. The Met Council will
periodically inspect the construction of the contract work included in the Improvements
The Met Council, through the Council's Authorized Representative "CAR", will notify the
City immediately of the contractor's failure to comply with the Documents during the
performance of the Improvements work. Upon completion of the Improvements, Met
Council will inform the City in writing either that the Improvements have been
constructed and conform to the Documents and are fully operational, or that
Improvements have not been constructed in accordance with the Documents and are
not operational.
2. Met Council will further inform the City of the specific reasons for non-
conformance to the Documents and what steps, in the opinion of Met Council, must be
taken by the City to make Improvements conform to the Documents. The City will take
necessary steps to insure that the construction is in accordance with the Documents
and that Improvements become fully operational. The final decision on conformance of
Improvements to the Documents will be made by adherence to the current version of
the Minnesota Department of Transportation's Standard Specifications for Construction.
3. Not less than one (1) days prior to commencement of Improvements on
Met Council property by the City, the City will give written notice to Met Council of its
intention to commence construction, said notice be directed as follows:
VI.
MODIFICATIONS TO CONSTRUCTION DOCUMENTS
1. City will submit any amendments to or material changes in the Documents
provided by the City to Met Council for review and approval that exceed a cost of
$10,000, which approval will not be unreasonably withheld. Such amendments or
3
material changes to the approved final Documents must be submitted to the CAR at
least seven (7) days prior to the implementation of such change. City agrees that it will
not proceed with amendment to or changes in the approved final Documents of the
Improvements until Met Council has consented to such change in accordance with its
procedures and has approved such change in writing as evidenced by letter to City from
the CAR.
2. Through written request, Met Council may require the City to make
changes to or modifications in the scope of the Improvements and the City hereby
agrees to have its contractor construct the required modifications or changes, provided,
however, that the cost of such changes or modifications shall be borne by Met Council.
VII.
ENTRY ONTO EASEMENTS
The City hereby grants to Met Council the right to enter onto its property and any
easements and right-of-way that it may have obtained for construction of the
Improvements for the purpose of Met Council fulfilling its obligations under this
Agreement.
VIII.
COST PARTICIPATION
1. Council shall reimburse the City for construction of the Improvements. An
estimated itemization of reimbursement of the construction costs is set forth in Exhibit B
attached hereto and, as more fully provided below:
A. Construction Improvements:
1. The cost of removal of the existing crosswalk and construction of
proposed new crosswalk improvements shall be deemed the responsibility of Met
Council in accordance with Exhibit A, the 1-394 Mill & Overlay Preliminary Cost
Estimate.
2. The cost of all rehabilitation of the Park & Ride Facility listed under
Alternate Bid #1 (MTC Park and Ride) of Exhibit A shall also be deemed the
responsibility of Met Council.
3. All other costs, with the exception of those deemed the
responsibility of the Minnesota Department of Transportation in accordance with
Exhibit A, shall be considered the responsibility of the City.
B. Indirect Costs:
1. The Met Council shall pay to the City, eighteen percent (18%) of
the actual construction costs of the improvements, deemed the responsibility of
the Met Council as described above, for indirect costs including, but not limited to,
4
project design, construction observation, legal fees and contract administration
(the "Indirect Costs").
2. The Met Council shall also pay to the City the costs, estimated at
$4,346.70, for the evaluation of the need for a pedestrian signal system at the
park-and-ride facility crosswalk.
IX.
PAYMENT
Upon award of a contract by the City, Exhibit B will be modified using the bid
prices received to reflect the new estimated construction cost. The City will invoice the
Met Council for 95% of the estimated construction cost. Within 30 days after receipt of
the invoice from the City, the Met Council shall pay the City ninety-five percent (95%) of
the estimated construction cost. UpoOn completion of the Improvements and after
receipt of a written statement documenting the actual cost of construction of the
Improvements, the Met Council shall pay to the City the difference between the actual
construction cost and the estimated construction cost. If Met Council fails to timely pay
for such invoice, it shall be responsible for all of the City's cost of collection and
attorneys' fees.
X.
DISBURSEMENT OF FUNDS
All funds disbursed by any of the parties to this Agreement shall be disbursed by
each party pursuant to the method provided by law.
XI.
CONTRACTS AND PURCHASES
All contracts let and purchases made pursuant to this Agreement shall be made
in conformance to state laws.
XII.
OWNERSHIP OF THE IMPROVEMENTS
1. Upon completion of the construction of the Improvements in accordance
with the terms of this Agreement, Met Council shall become the owner of the
Improvements and shall have the responsibility for operation and maintenance of the
Improvements. City shall transfer all contractor warranties and guarantees for the
Improvements to Met Council.
2. Upon completing construction of the Improvements in accordance with the
terms of this Agreement, Met Council shall have the responsibility to obtain any permits
or licenses for operation and maintenance of the Improvements.
5
XIII.
AFFIRMATIVE ACTION
In accordance with the City and the Met Council's Affirmative Action policies, no
person shall illegally be excluded from full-time employment, income or be denied the
benefits of, or be otherwise subjected to discrimination in the program which is the
subject of this Agreement on the basis of race, creed, color, sex, marital status, public
assistance status, age, disability or national origin.
XIV.
LIAS I L1TY
1. Each party agrees that it will be responsible for its own acts and the
results thereof to the extent authorized by law, and shall not be responsible for the acts
of the other party and the results thereof. The City's and Met Council's liability is
governed by the provisions of Minnesota Statutes, Chapter 466.
2. The City and Met Council each warrant that they are able to comply with
the afor~mentioned indemnity requirements through an insurance or self-insurance
program and have at least minimum coverage consistent with the liability limits
contained in Minnesota Statutes, Chapter 466.
3. The City further agrees that any contract let by the City for the
performance of Met Council's Improvements as provided herein shall include clauses
that will: 1) Require the Contractor to defend, indemnify, and save harmless Met
Council, its officers, agents and employees from claims, suits, demands, damages,
judgments, costs, interest, expenses (including, without limitation, reasonable attorneys'
fees, witness fees and disbursements incurred in the defense thereof) arising out of or
by reason of the negligence of the said Contractor, its officers, employees, agents or
subcontractors; 2) Require the Contractor to provide and maintain insurance as
provided on Exhibit C naming Met Council as additional insured; and 3) Require the
Contractor to be an independent contractor for the purposes of completing the work
provided for in this Agreement..
XV.
GENERAL PROVISIONS
1. All records kept by the City and Met Council with respect to the
Improvements shall be subject to examination by the representatives of each party
hereto. All data collected, created, received, maintained or disseminated for any
purpose by the activities of the City and Met Council pursuant to this Agreement shall
be governed by Minnesota Statutes, Chapter 13, as amended, and the Minnesota Rules
implementing such Act now in force or hereafter adopted.
2. Applicable provisions of Minnesota State law, federal law and of any
applicable local ordinances shall be considered a part of this Agreement as though fully
6
set forth herein. Specifically, the City agrees to comply with all federal, state and local
applicable laws and ordinances relating to nondiscrimination, affirmative action, public
purchases, contracting, employment, including workers' compensation and surety
deposits required for construction contracts. The City agrees to request payment of
state labor wage information from its contractor and provide such information to Met
Council, if requested by Met Council. The provisions of Minnesota Statutes 181.59 and
of any applicable local ordinance relating to civil rights and discrimination and the
Affirmative Action Policy statement of the City shall be considered a part of this
Agreement as though fully set forth herein.
3. Any and all employees of each of the respective parties hereto, and all
other persons engaged by each respective party in the performance of any work or
services required or provided herein to be performed by the respective party shall not
be considered employees of any of the other parties hereto, and that any and all claims
that mayor might arise under the Worker's Compensation Act or the Minnesota
Economic Security Law of the State of Minnesota on behalf of said employees while so
engaged, and any and all claims made by any third parties as a consequence of any act
or omission of the part of said employees while so engaged , on any work or services
provided to be rendered herein, shall in no way be the obligation or responsibility of
other respective party hereto.
4. In order to coordinate the services of the City with the activities of Met
Council so as to accomplish the purposes of this Agreement, the City's Director of
Public Works, or a designated representative, shall manage this Agreement on behalf of
the City and serve as liaison between the City and Met Council.
5. In order to coordinate the services of Met Council with the activities of the
City so as to accomplish the purposes of this Agreement, CAR shall manage this
Agreement on behalf of Met Council and serve as liaison between Met Council and the
City.
6. It is understood and agreed that the entire Agreement between the parties
is contained herein and that this Agreement supersedes all oral agreements and
negotiations between the parties relating to the subject matter hereof. All items referred
to in this Agreement are incorporated or attached and are deemed to be part of this
Ag reement.
7. The Background Recitals are incorporated herein and are hereby made a
part of this Agreement.
8. The provisions of this Agreement shall be deemed severable. If any part
of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not
affect the validity and enforceability of the remainder of this Agreement unless the part
or parts which are void, invalid or otherwise unenforceable shall substantially impair the
value of the entire Agreement with respect to the parties. One or more waivers by said
7
party of any provision, term, condition or covenant shall not be construed by the other
party as a waiver of a subsequent breach of the same by the other party.
9. Any alterations, variations, modifications or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing as an
amendment to this Agreement signed by the Parties hereto.
10. The covenants of this Agreement shall be binding upon and inure to the
benefit of the parties hereto, their successors and assigns.
11. This contract is entered into in and under the laws of the State of
Minnesota and shall be interpreted in accordance therewith.
12. Any notice or demand, which mayor must be given or made by a party
hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing
and shall be sent certified mail or delivered in person to the other party addressed as
follows:
Metro Transit
c/o Brian Lamb, General Manager
560 Sixth Avenue North
Minneapolis, MN 55411-4398
City of Golden Valley
c/o Thomas D. Burt, City Manager
7800 Golden Valley Road
Golden Valley, MN 55427
8
IN TESTIMONY WHEREOF, the parties have caused this Agreement to be executed by
their duly authorized officers as of the day and year first above written:
In witness whereof, the parties hereto have set their hands on the dates indicated.
CITY OF GOLDEN VALLEY
METROPOLITAN COUNCIL
By:
Thomas D. Burt, City Manager
By:
Thomas Weaver, Regional Administrator
Dated:
Dated:
By:
Linda Loomis, Mayor
Dated:
ATTEST
ATTEST
By:
By:
Its:
Its:
Dated:
Dated:
9
alley
Mom
Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
September 15, 2009
Agenda Item
3. F. Resolution Requesting Minnesota Department of Transportation Municipal Agreement
Funds for Roadway Improvements on Glenwood Avenue Between Trunk Highway 100 and
Natchez Avenue North
Prepared By
Jeannine Clancy, Director of Public Works
Jeff Oliver, PE, City Engineer
Summary
Each year the Minnesota Department of Transportation (Mn/DOT) solicits for its Municipal
Agreement Program, which provides funding to local improvement projects that impact the
trunk highway system. The projects that are funded typically improve safety and reduce
congestion.
The City of Golden Valley is currently in the process of preparing an application for the
FY 2011 Municipal Agreement Program for improvements on Glenwood Avenue between
Trunk Highway 100 and Natchez Avenue North, which includes the intersection of Ottawa
Avenue North. Ottawa Avenue North serves as the primary entrance to Breck School and is
subject to heavy traffic as school begins and ends. The beginning of school each morning
coincides with morning rush hour, which frequently results in traffic congestion down the
ramp from northbound TH 100 and onto the highway. This congestion results in accidents on
the highway and on Glenwood Avenue, even with a Police Department traffic control detail at
the intersection of Glenwood Avenue and Ottawa Avenue.
City staff has been working with Hennepin County, as well as Breck School and its consulting
traffic engineer, on potential improvements to improve the congestion and reduce accidents
on Glenwood Avenue and TH 100. The potential improvements include through traffic lanes
on Glenwood Avenue, turn lanes on Glenwood Avenue and Ottawa Avenue, as well as a
traffic signal at Ottawa Avenue. Sidewalk is also proposed along the south side of Glenwood
Avenue to improve pedestrian safety in this area.
The Hennepin County Transportation Department will be providing a letter of support to the
City for these improvements that will be included in the Mn/DOT application.
The application process also requires a City resolution requesting funding for the proposed
improvements. The resolution is attached to this memorandum.
Attachments
Resolution Requesting Mn/DOT Municipal Agreement FY 2011 Program Funding for
Roadway Improvements on Glenwood Avenue Between TH 100 and Natchez Avenue North
(1 page)
Recommended Action
Motion to adopt Resolution Requesting MN/DOT Municipal Agreement FY 2011 Program
Funding for Roadway Improvements on Glenwood Avenue Between TH 100 and Natchez
Avenue North.
Resolution 09-45
September 15, 2009
Member
introduced the following resolution and moved its adoption:
RESOLUTION REQUESTING MN/DOT MUNICIPAL AGREEMENT
FY 2011 PROGRAM FUNDING FOR ROADWAY IMPROVEMENTS ON
GLENWOOD AVENUE BETWEEN TH 100 AND NATCHEZ AVENUE NORTH
WHEREAS, traffic conditions on Glenwood Avenue between TH 100 and Natchez
Avenue experience long delays and long queues resulting in safety issues along Glenwood
Avenue and on TH 100 northbound and southbound exit ramps; and
WHEREAS, police traffic control is necessary to effectively manage congestion and
safety issues at Glenwood Avenue intersections with TH 100 northbound exit and at
Glenwood Avenue and Ottawa Avenue; and
WHEREAS, the City of Golden Valley desires to improve capacity and safety along
Glenwood Avenue through addition of traffic lanes on Glenwood Avenue, addition of traffic
lanes on Ottawa Avenue and addition of a traffic control signal system at the Glenwood
and Ottawa intersection, addition of a sidewalk along the south side of Glenwood Avenue;
and
WHEREAS, Hennepin County staff supports the City's pursuit of Mn/DOT
Cooperative Agreement funding for capacity and safety improvements; and
WHEREAS, the City of Golden Valley plans to lead design and construction efforts
for improvements, and will work with Hennepin County to fund the local share of
improvements; and
NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Golden
Valley that:
1. The recitals set forth above are incorporated herein; and
2. The City requests Mn/DOT cost participation for capacity and safety improvements
through the Metro District FY 2011 Municipal Agreements Program.
Linda R. Loomis, Mayor
ATTEST:
Susan M. Virnig, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
m n
Police Department
763-593-8079 I 763-593-8098 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
September 15, 2009
Agenda Item
3. G. Authorization to Sign Minnesota Department of Human Rights Grant Agreement for
Promotion of 2010 U.S. Census
Prepared By
Stacy Altonen, Chief of Police
Summary
At its June 11, 2009 meeting the Human Rights Commission discussed various ways to
promote participation in the 2010 U.S. Census. Subsequently, commissioners are sponsoring
the "We All Count" competition open to high school students, who are encouraged to design
and create posters or produce a one-minute public service announcement informing,
educating, and encouraging residents to participate in the U.S. Census.
To aid these efforts, the Minnesota Department of Human Rights Commission has awarded
$1,500 in grant money to the Human Rights Commission. A grant agreement must be signed
by the City Manager to complete the grant approval process.
Recommended Action
Motion to authorize the City Manager to sign the Minnesota Department of Human Rights
Local Human Rights Commissions Project Grant Agreement.
em n
Police Department
763-593-8079 I 763-593-8098 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
September 15, 2009
Agenda Item
6. A. First Consideration - Ordinance #423 - Amending Section 10.30, Regarding Registration
of Dangerous Dogs
Prepared By
Stacy A. Altonen, Chief of Police
Summary
Beginning in August 2008 Hennepin County discontinued its registration of dangerous dogs
and responsibility for registration was deferred to municipalities. Accordingly, City Code
Section 10.30 should be amended to define "dangerous dog" and "potentially dangerous dog"
and to outline procedures for declaring a dog "dangerous" and registering a dangerous dog
with the Police Department.
If adopted, dog owners whose dog meets the definition of "dangerous" according to the City
Code would be required to register the dog with the City and abide by requirements
prescribed by the Code.
Attachments
Underline/Overstrike version of Section 10.30, Animal Control (17 pages)
Ordinance No. 423, Amending Section 10.30, Regarding Registration of Dangerous Dogs
(16 pages)
Recommended Action
Motion to adopt on First Consideration, Ordinance No. 423, Amending Section 10.30,
Regarding Registration of Dangerous Dogs.
9 10.30
Section 10.30: Animal Control
Subdivision 1. Definitions
As used in this Chapter:
A-;--Owncr: me;:lns ;:lny person o'Nning, h;:lrboring or keeping ;:l dog or C;:lt,
except veterin;:lry hospit;:lls o'/med ;:lnd oper;:lted under the provisions of the
Veterin;:lry Pr;:lctice Act of the St;:lte of ~1innesot;:l ;:lnd the Anim;:ll Hum;:lne
Society of Hennepin County.
A. Animal Control: means an agency of the state, county, municipality, or
other governmental subdivision of the state which is responsible for animal
control operations in a jurisdiction.
B. At Large: means off the premises of the eOwner and not under the control
of the eOwner or other competent person, either by leash or otherwise.
C. Dangerous Dog means anv dog that:
1. Has without provocation, inflicted Substantial Bodily Harm on a human
being on public or private property.
2. Has killed a domestic animal with provocation while off the Owner's
property.
3. Has been found to be potentially dangerous, and after the Owner has
noticed that the dog is potentially dangerous, the dog aggressively bites,
attacks, or endangers the safety of humans or domestic animals.
D. Dog: means both the male and female of the canine species, commonly
accepted as domesticated household pets.
E. Great Bodily Harm: means bodily injury which creates a high probability of
death, or which causes serious permanent disfigurement, or which causes a
permanent or protracted loss or impairment of the function of any bodily
member or organ or other serious bodily harm.
F. Owner: means any person or persons, firm, corporation, organization,
department, or association owning, possessing, harboring, keeping, having
an interest in, or having care, custody or control of a dog, except veterinary
hospitals owned and operated under the provisions of the Veterinary Practice
Act of the State of Minnesota and the Animal Human Society of Hennepin
County.
Golden Valley City Code
Page 1 of 17
9 10.30
G. Potentially Dangerous Dog means any dog that:
1. When unprovoked, inflicts or bites on a human or domestic animal on
public or private property;
2. When unprovoked, chases or approaches a person, including a person on
a bicycle, upon the streets, sidewalks or any public or private property,
other than the dog Owner's property, in an apparent attitude of attack; or
3. Has a known propensity, tendency, or disposition to attack unprovoked,
causing injury or otherwise threatening the safety of humans or domestic
animals.
H. Proper Enclosure: means securely confined indoors or in a securely
enclosed and locked pen or structure suitable to prevent the animal from
escaping and providing protection from the elements for the dog. A proper
enclosure does not include a porch, patio, or any part of a house, garage, or
other structure that would allow the dog to exit of its own volition, or any
house or structure in which windows are open or in which door or window
screens are the only obstacles that prevent the dog from exiting. The
enclosure shall not allow the egress of the dog in any manner without human
assistance. A pen or kennel shall meet the following minimum specifications:
1. A minimum overall floor size of thirty-two (32) square feet.
2. Sidewalls shall have a minimum height of five (5) feet and be constructed
of 11-gauge or heavier wire. Openings in the wire shall not exceed two
(2) inches, support post shall by one and one-fourth inch (1 V4") or larger
steel pipe buried in the ground eighteen (18) inches or more. When a
concrete floor is not provided, the sidewalls shall be buried a minimum of
one (1) inch in the ground.
3. A cover over the pen or kennel shall be provided. The cover shall be
constructed of the same gauge wire or heavier as the sidewall and
openings in the wire shall not exceed two (2) inches.
4. An entrance/exit gate shall be provided and be constructed of the same
material as the sidewalls and openings in the wire shall not exceed two
(2) inches. The gate shall be self-closing and self-locking. The gate shall
be closed at all times when the dog is in the pen or kennel.
1. Substantial Bodily Harm: means bodily injury which involves a temporary
but substantial disfigurement, or which causes a temporary but substantial
loss or impairment of the function of any bodily member or organ, or which
causes a fracture of any bodily member.
J. Unprovoked: means the condition in which the dog is not excited,
stimulated, agitated or disturbed into action.
Golden Valley City Code
Page 2 of 17
9 10.30
Subdivision 2. City Veterinarian
The Council may appoint a qualified veterinarian, for such term as it shall
designate, as City Veterinarian. The City Veterinarian shall act as an advisor to the
Council, City Staff and City Health Officer on matters pertaining to animal and
human health relationships. It shall be the responsibility of said veterinarian to
insure that qualified veterinary care is available at all times for any injured or
diseased animal apprehended by members of the Police Public 5<Jfcty Department.
Subdivision 3. Dog Licenses
A. License Required. It is unlawful to keep any dog of more than one hundred-
fifty (150) days of age unless a license therefor has been first secured.
Licenses shall be issued by the Police Public 5<Jfcty Department. The license
fee shall be set annually by Council resolution based upon the City's cost
experience during the preceding twelve (12) months. Applicants shall certify
that the dog to be licensed has been vaccinated against rabies, effective for
the license year, by a qualified veterinarian. Licenses shall expire on the 31st
day of December next following their issuance. For purposes of this
Subdivision, a vaccination with a killed rabies vaccine shall be deemed
effective for twelve (12) months, and a vaccination with a live rabies vaccine
shall be deemed effective for twenty-four (24) months.
B. Date of Payment. It shall be the duty of each owner of a dog to pay the
license fee imposed hereunder to the Police Department of Public 5<Jfcty
during the month of January in each year, or upon acquiring ownership or
possession of any unlicensed dog or upon establishing residence in the City.
C. Receipts and Tags. Upon payment of the license fee, the Police Department
of Public 5<Jfcty shall execute a receipt in duplicate. The original receipt,
along with the tag, shall be delivered to the applicant. The duplicate copy
shall be retained by the Police Department of Public 5<Jfcty. License tags shall
be different from year to year.
D. Affixing Tags. Upon purchase of a license the owner shall cause said tag to
be affixed by a permanent metal fastening to the collar of the dog so licensed
in such a manner that the tag may be easily seen by the officers of the City.
The eOwner shall see that the tag is constantly worn by such dog.
E. Duplicate Tags. In case any dog tag is lost, a duplicate shall be issued by the
Police Department of Public 5<Jfcty upon presentation of a receipt showing
payment of the license fee for the current year. The charge for each such
duplicate tag shall be set annually by Council resolution.
Source: City Code
Effective Date: 6-30-88
Golden Valley City Code
Page 3 of 17
S 10.30
Subdivision 4. Dog and Cat Impounding
A. Impounding.
1. The Police Department of Public S<lfcty shall take up and impound any
dogs found in the City without the tag provided for in this Section, or
found in the City at large while injured or diseased, and at such other
occasion as may be necessary to enforce this Section. Said City personnel
are empowered and instructed to enter upon any private premises where
they have reasonable cause to believe there is an unlicensed dog.
2. It is unlawful for the eOwner of any cat more than six (6) months of age
to fail to have such cat vaccinated for rabies each twelve (12) months and
to have evidence of such vaccination permanently attached to a collar
kept around the neck of such cat. Any cat found off the eOwner's
premises without such evidence of valid and current immunization shall
be impounded.
B. Notice of Impounding. Upon taking up and impounding any dog or cat as
provided in this Section, the Police Department of Public S<lfcty shall
promptly prepare a record describing said impounded dog or cat and retain a
copy of said record during the period of impoundment and during a period of
ninety (90) days thereafter.
C. Redemption. Any dog or cat may be redeemed from the Police Department ef
Public S<lfcty by the eOwner within five (5) days of the impounding by the
payment to the Police Department of Public S<lfcty of the license fee (for
dogs only) for the current year, and additional fee if applicable, together with
an impounding fee, a boarding fee for each day or portion thereof that the
dog or cat is confined, and reasonable charges for medical treatment of said
dog or cat, if required. The amount of the fees shall be established annually
by Council resolution based upon the City's cost experience during the
preceding twelve (12) months.
D. Release. Upon proof of ownership and payment of all fees and charges as
provided herein to the Police Department of Public S<lfcty, the Police
Department of Public S<lfcty shall release to any eOwner the dog or cat
claimed by such eOwner. In any event, all eOwners who refuse the return of
a dog or cat, or whose dog or cat shall die during impoundment, shall be
liable for all reasonable charges and fees for the impoundment, care and
treatment, board, and disposal of said dog or cat.
E. Unclaimed Dogs or Cats. Any dog or cat which is not claimed as provided in
this Section, within five (5) days after impounding may be sold for not less
than total charge provided in this Section, to any desiring to purchase the
dog or cat. Any dog or cat which is not claimed by the owner or sold may be
disposed of by the Police Department of Public S<lfcty.
Golden Valley City Code
Page 4 of 17
9 10.30
Source: Ordinance No. 11, 2nd Series
Effective Date: 11-24-88
Subdivision S. Power to Contract
The Council may, from time to time, and upon such terms and conditions as it
deems proper, contract with any qualified person to act as its agent to effectuate
the purposes of this Section.
Subdivision 6. Confinement of Certain Dogs
Any female dog in heat, and any dog who annoys or threatens persons passing on
or using public streets, and any dog which habitually chases automobiles shall be
confined or effectively restrained by its eOwner. In addition to issuing a citation,
the Police Department of Public S<:lfety may take up and impound any dog found at
large in violation of this provision, and release it only upon order of the Police
Department of Public S<:lfety after payment of the fees provided for herein.
Subdivision 7. Vicious Dogs Reaistration of Danaerous Dogs
-Pro It is unl<:l'/l,'ful to keep, h<:lrbor or m<:lint<:lin <:l vicious dog <:lS defined herein.
Any dog which h<:ls <:ltt<:lcked or bitten <:lny person 'Nithout provoc<:ltion on
more th<:ln one occ<:lsion sh<:lll be deemed <:l vicious dog for the purposes of
this Section. Any person m<:l'y' sign <:l compl<:lint on beh<:llf of the City st<:lting
the <:lcts subject to this Section committed by the dog, the d<:ltes the <:lcts
occurred, the n<:lme <:lnd <:lddress of the person owning or h<:lrboring the dog,
<:lnd the n<:lme <:lnd <:lddress of the compl<:linant. The Court sh<:lll issue <:l
summons directed to the owner or persons h<:lrboring the dog, comm<:lnding
them to <:lppe<:lr before S<:lid Court <:lnd sho'v\' C<:luse '.vhy such dog should not
be killed by the Dep<:lrtment of Public S<:lfety or otherwise disposed of or
confined <:lS pro'v'ided by this Section. Such summons sh<:lll be return<:lble not
less th<:ln 5 d<:lYs nor more th<:ln 14 d<:lYs from the d<:lte thereof <:lnd sh<:lll be
served <:It le<:lst 3 d<:l'y's before the time of <:lppe<:lr<:lnce mentioned therein.
Upon such he<:lring <:lnd finding the f<:lcts true <:lS compl<:lined of, the Court
sh<:lll find the <:lnim<:ll <:l public nuis<:lnce <:lnd order s<:lid <:lnim<:ll killed, removed
from the City, or securely confined. The Court, in its order, m<:l'y' further
provide th<:lt if the owner or person h<:lrboring the <:lnim<:ll disobeys such
order, such o'y'mer or person sh<:lll be in viol<:ltion of this Section <:lnd the
Anim<:ll Control Officer or <:lny police officer m<:lY impound <:lnd destroy any
<:lnim<:ll described in such order of the Court. The provisions of this
Subdivision <:lre in <:lddition to <:lnd supplement<:ll to other pen<:llty provisions.
&;, In <:lddition to the <:lbove misdeme<:lnor prosecution <:lnd Court proceedings,
<:In)' person ch<:lrged 'y\'ith <:l viol<:ltion of this Subdivision sh<:lll immedi<:ltely
effectively confine the dog subject to the compl<:lint within <:l building or <:l
tot<:llly secure enclosure, except when securely muzzled <:lnd controlled on <:l
le<:lsh by <:l competent person, pending fin<:ll judici<:ll disposition of the m<:ltter.
{;-;- In <:lddition to other requirements of this Section, the Dep<:lrtment of Public
S<:lfety may t<:ll<e up <:lnd impound <:lny dog found <:It l<:lrge in 'v'iol<:ltion of this
Golden Valley City Code
Page 5 of 17
9 10.30
provision, ond releose it only upon order of the Deportment of Public Sofety
ofter complionce '.\'ith 011 the requirements of this Subdivision os well os
poyment of the fees provided in this Section.
Source: City Code
Effective Date: 6-30-88
A. Adoption by Reference. Except as otherwise provided in this chapter. the
regulatory and procedural provisions of Minnesota Statutes, Sections 347.51
through 347.515 (a part of the law commonly referred to as the "Dangerous
Dog Regulations") as amended through Laws 2001. are hereby incorporated
herein and adopted by reference. subject however to adoption by the City of
any administrative penalties related to violations of this City Code Section
10.30. Subd. 7.
B. Declaration of Potentially Dangerous or Dangerous Dogs.
1. A Golden Valley police officer, police officer. community service officer, or
animal control officer may declare a dog to be potentially dangerous or
dangerous. when the officer has probable cause to believe that the dog is
potentially dangerous or dangerous as defined herein. The following
factors will be considered in determining a dangerous or potentially
dangerous dog:
a. Whether any injury or damage to a person by the dog was caused
while the dog was protecting or defending a person or the dog's
offspring within immediate vicinity of the dog from an unjustified
attack or assault;
b. The size and strength of the dog, including jaw strength, and the
animal's propensity to bite humans or other domesticated animals;
c. Whether the dog has wounds. scarring. is observed in a fight. or has
other indications that the dog has been or will be used. trained or
encouraged to fight with another animal or whose Owner is in
possession of any training apparatus. paraphernalia or drugs used to
prepare such dogs to fight with other animals.
2. Beginning one hundred and eighty (180) days from the date a dog is
declared potentially dangerous or dangerous; the Owner may request
annually that the City review the designation. The Owner shall provide
clear and convincing evidence to the hearing officer that the dog's
behavior has changed due to the dog's age; neutering; environment:
completion of obedience training that includes modification of aggressive
behavior; or other factors rendering the dog no longer dangerous or
potentially dangerous. The hearing officer shall review the evidence
without hearing. and if the hearing officer finds sufficient evidence that
the dog's behavior has changed. and the dog is no longer potentially
dangerous or dangerous. the hearing officer may rescind the dangerous
Golden Valley City Code
Page 6 of 17
9 10.30
dog designation. For purposes of this ordinance, the hearing officer is the
Chief of Police, or his/her designee.
3. Exceptions.
a. The provisions of this Subdivision do not apply to dogs used by law
enforcement.
b. Dogs may not be declared dangerous or potentially dangerous if the
threat, injury or danger was sustained by a person who was:
1.) Committing a willful trespass or other tort upon the premises
occupied by the Owner of the dog;
2.) Provoking, tormenting, abusing or assaulting the dog, or who can
be shown to have a history of repeatedly provoking, tormenting,
abusing or assaulting the dog; or
3.) Committing or attempting to commit a crime.
C. License Required. The Owner must annually license dangerous and
potentially dangerous dogs with the City and must license a newly declared
dangerous or potentially dangerous dog within fourteen (14) days after
notice that a dog has been declared dangerous or potentially dangerous.
Regardless of any appeal that may be requested, the Owner must comply
with the requirements of Minnesota Statutes, Section 347.52(a) and (c)
regarding Proper Enclosures and notification to the City upon transfer or
death of the dog, until and unless a hearing officer or court of law reverses
the declaration.
1. Process for Dangerous Dogs. The City will issue a license to the Owner of
a dangerous dog if the Owner presents clear and convincing evidence
that:
a. There is a Proper Enclosure, as defined herein;
b. That there is a surety bond by a surety company authorized to conduct
business in Minnesota in the sum of at least three hundred thousand
dollars ($300,000), payable to any person injured by a dangerous dog,
or receipt of a copy of a policy of liability insurance issued by an
insurance company authorized to do business in Minnesota in the
amount of at least three hundred thousand dollars ($300,000),
insuring that Owner for any personal injuries inflicted by the
dangerous dog. Such surety bond or insurance policy shall provide that
no cancellation of the bond or policy will be made unless the City is
notified in writing by the surety company or the insurance company at
least ten (10) days prior to such cancellation and written proof shall be
submitted that shows that the Owner's insurance provider has been
Golden Valley City Code
Page 7 of 17
9 10.30
notified, in writing, of the declaration of the potentially dangerous or
dangerous dog;
c. The Owner has paid the annual license fee;
d. The Owner has had a microchip identification implanted in the
dangerous dog. The name of the microchip manufacturer and
identification number of the microchip must be provided to the City. If
the microchip is not implanted by the Owner at the Owner's expense,
it may be implanted by the City at the Owner's expense; and
e. The Owner provides proof that the dog has been sterilized. If the
Owner does not sterilize the dog within thirty (30) days, the City shall
seize the dog and sterilize it at the Owner's expense.
2. Process for Potentially Dangerous Dogs. The City will issue a license to the
Owner of a potentially dangerous dog if the Owner presents clear and
convincing evidence that:
a. There is a Proper Enclosure, as defined herein:
b. The Owner has paid the annual license fee; and
c. The Owner has had a microchip identification implanted in the
dangerous dog. The name of the microchip manufacturer and
identification number of the microchip must be provided to the City. If
the microchip is not implanted by the Owner at the Owner's expense,
it may be implanted by the City at the Owner's expense.
3. Inspection. A pre-license inspection of the premises to ensure compliance
with the City Code is required. If the City issues a license to the Owner of
a dangerous or potentially dangerous dog, the City shall be allowed at any
reasonable time to inspect the dog, the Proper Enclosure and all places
where the animal is kept.
4. Warning Symbol. The Owner of a dangerous dog licensed under this
Subdivision must post a sign with the uniform dangerous dog warning
symbol on the property in order to inform children that there is a
dangerous dog on the property. The sign will be provided upon issuance
of the license.
5. Tags. A dangerous dog licensed under this Subdivision must wear a
standardized, easily identifiable tag at all times that contains the uniform
dangerous dog symbol, indentifying the dog as dangerous. The tag shall
be provided by the City upon issuance of the license.
6. License Fee. The City will charge the Owner an annual license fee for a
dangerous or potentially dangerous dog.
Golden Valley City Code
Page 8 of 17
9 10.30
D. Properly Restrained in Proper Enclosure or Outside of Proper Enclosure. While
on the Owner's property, an Owner of a dangerous or potentially dangerous
dog must keep it in a Proper Enclosure. Inside a residential home, there must
be a secured area maintained where the dog will stay when persons other
than family members are present. If the dog is outside the Proper Enclosure,
the dog must be muzzled and restrained by a substantial chain or leash no
longer than six (6) feet and under the physical restraint by an adult. The
muzzle must be made in a manner that will prevent the dog from biting any
person or animal but that will not cause injury to the dog or interfere with its
vision or respiration.
E. Notification Requirements to City.
1. Relocation or Death. The Owner of the dog that has been declared
dangerous or potentially dangerous must notify the City Clerk in writing if
the dog is to be relocated from its current address or if the dog has died.
The notification must be given in writing within thirty (30) days of the
relocation or death. The notification must include the current Owner's
name and address, and the new Owner's name and the relocation
address. If the relocation address is outside the City, the City may notify
the local law enforcement agency of the transfer of the dog into its
jurisdiction.
2. Renter's Obligations. A person who owns or possess a dangerous or
potentially dangerous dog and who will rent property from another where
the dog will reside must disclose to the property owner prior to entering
the lease agreement and at the time of any lease renewal periods that the
person owns or possesses a dangerous or potentially dangerous dog that
will reside at the property. A dog Owner, who is currently renting
property, must notify the property owner within fourteen (14) days of City
notification if the owned dog is newly declared as dangerous or potentially
dangerous and that the dog Owner keeps the dog on the property.
3. Transfer of Ownership into the City. No dog that has been previously
determined to be dangerous or potentially dangerous by another
jurisdiction shall be kept, owned or harbored in the City unless the dog's
Owner complies with the requirements of this Subdivision prior to bringing
the dog into the City. Dogs in violation of this subsection are subject to
impoundment and destruction.
F. Seizure. Animal control may immediately seize any dangerous or potentially
dangerous dog if:
1. After fourteen (14) days after the Owner has notice that the dog is
declared dangerous or potentially dangerous. the dog is not validly
licensed and no appeal has been filed;
Golden Valley City Code
Page 9 of 17
9 10.30
2. After fourteen (14) days after the Owner has notice that the dog is
dangerous. the Owner does not secure the proper liability insurance or
surety coverage as required or such required insurance is cancelled:
3. The dog is not maintained in a Proper Enclosure:
4. The dog is outside the Proper Enclosure and not under proper restraint, as
required by City Code Section 10.30, subd. 7(D):
5. After thirty (30) days after the Owner has notice that the dog is
dangerous, the dog is not sterilized, as required by City Code Section
10.30, subd. 7(C)(1)(e): or
6. The dog's microchip has been removed.
G. Reclamation. A dog seized under Subdivision 7(F) above, may be reclaimed
by the Owner of the dog upon payment of Maintenance Costs, and presenting
proof to animal control that the requirements of this Subdivision have been
met. A dog not reclaimed under this subdivision within seven (7) days may
be disposed of and the Owner will be liable to the City for Maintenance Costs.
A person claiming an interest in a seized dog may present disposition of the
dog by posting a security in an amount sufficient to provide for the dog's
Maintenance Costs. The security must be posted with the City within seven
(7) days of the seizure inclusive of the date seized.
H. Subsequent Offenses: Seizure. If a person has been convicted of violating a
provision of this Subdivision, and the person is charged with a subsequent
violation relating to the same dog, the dog must be seized. If the Owner is
convicted of the crime for which the dog was seized, the court may order
that the dog be destroyed in a proper and humane manner and the Owner
pay the Maintenance Costs. If the Owner is not convicted and the dog is not
reclaimed by the Owner within seven (7) days after the Owner has been
notified that the dog may be reclaimed, the dog may be disposed of, used for
researched, or destroyed.
1. Notice, Hearings.
1. Notice. After a dog has been declared dangerous or potentially dangerous
or has been seized for destruction, the City shall give notice by delivering
or mailing the notice to the Owner of the dog, or by posting a copy of the
notice at the place where the dog is kept, or by delivering it to a person of
suitable age and discretion residing on the property. The officer shall
provide a copy of the notice served upon the dog Owner, along with an
affidavit of service, to the City Clerk.
2. Content of Notice The notice described above must include:
Golden Valley City Code
Page 10 of 17
9 10.30
a. a description of the seized dog, the authority for and purpose of the
declaration and seizure: the time, place, and circumstances under
which the dog was declared: and the telephone number and contact
person where the dog is kept;
b. a statement that the Owner of the dog may request a hearing
concerning the declaration and that failure to do so within fourteen
(14) days of the date of the notice will terminate the Owner's right to a
hearing;
c. a statement that if an appeal request is made within fourteen (14)
days of the notice, the Owner must immediately comply with the
requirements of Minnesota Statutes, Section 9347.52, paragraphs (a)
and (c) regarding Proper Enclosures and notification to the City upon
transfer or death of the dog, until such time the hearing officer issues
an opinion;
d. a statement that if the hearing officer affirms the dangerous dog
declaration, the Owner will have fourteen (14) days from receipt of
that decision to comply with all other requirements of Minnesota
Statutes, Section &9 347.51, 347.515 and 347.52;
e. a form to request a hearing; and
f. a statement that if the dog has been seized, all Maintenance Costs of
the care, keeping, and disposition of the dog pending the outcome of
the hearing are the responsibility of the Owner. unless a court or
hearing officer finds that the seizure or impoundment was not
substantially justified by law.
3. Hearing.
a. After a dog has been declared dangerous, potentially dangerous or has
been seized for destruction. the Owner may appeal in writing to the
City within fourteen (14) days after notice of the declaration or
seizure. Failure to do so within fourteen (14) days of the date of the
notice will terminate the Owner's right to a hearing. The Owner must
pay a one hundred dollar ($100) fee for an appeal hearing.
b. The appeal hearing will be held within fourteen (14) days of the
request. The hearing officer must be an impartial employee of the City
or an impartial person retained by the City to conduct the hearing. The
appeal hearing shall be in an informal manner, and the Minnesota
Rules of Civil Procedure and Rules of Evidence shall not be strictly
applied. The hearing need not be transcribed, but may be transcribed
at the sole expense of the party who requests the transcription.
Golden Valley City Code
Page 11 of 17
9 10.30
c. If the declaration or destruction is upheld by the hearing officer, actual
expenses of the hearing up to a maximum of one thousand dollars
($1.000), as well as all Maintenance Costs, will be the responsibility of
the dog's Owner. The hearing officer shall issue a decision on the
matter within ten (10) days after the hearing. The decision shall be
delivered to the dog's Owner by hand delivery or registered mail as
soon as practical and a copy shall be provided to the City. The decision
of the hearing officer is final.
d. An Owner's right to appeal or otherwise contest a potentially
dangerous or dangerous dog declaration shall be deemed waived if the
Owner fails to serve a written request for appeal, as required herein,
or fails to appear at the scheduled appeal hearing date.
J. Destruction of Certain Dogs. The Police Chief and/or hearing officer are
authorized to order the destruction or other disposition of any dog, after
proper notice is given pursuant to Subdivision 7(1) and upon finding that:
1. The dog has habitually destroyed property or habitually trespassed in a
damaging manner on property of persons other than the Owner:
2. The dog has been declared dangerous, the Owner's right to appeal
hereunder has been exhausted or expired, and the Owner has failed to
comply with the provisions of this Subdivision:
3. It is determined that the dog is infected with rabies;
4. The dog inflicted Substantial or Great Bodily Harm on a human on public
or private property without provocation:
5. The dog inflicted multiple bites on a human on public or private property
without provocation;
6. The dog bit multiple human victims on public or private property in the
same attack without provocation:
7. The dog bit a human on public or private property without provocation in
an attack where more than one (l)dog participated in the attack: or
8. The dog poses a danger to the public's health, safety or welfare. In
determining whether the dog poses a danger to the public's health, safety
or welfare, the following factors may be considered:
a. The dog weighs more than twenty (20) pounds:
b. The strength of the dog, including as strength;
c. The dog's tolerance for pain:
Golden Valley City Code
Page 12 of 17
9 10.30
d. The dog's tendency to refuse to terminate an attack;
e. The dog's propensity to bite humans or other domestic animals:
f. The dog's potential for unpredictable behavior:
g. The dog's aggressiveness;
h. The likelihood that a bite by the dog will result in serious injury.
K. Concealing of Dogs. Any person that may harbor, hide or conceal a dog that
the City has the authority to seize or that has been ordered into custody for
destruction or other proper disposition shall be guilty of a misdemeanor.
L. Dog Ownership Prohibited.
1. Except as provided below, a person shall not own a dog if the person has
been:
a. Convicted of a 3rd or subsequent violation of City Code Section 10.30.
Subdivision 7(D). (E) or (F) or Minnesota Statutes 9 347.51. 347.515
or 347.52:
b. Convicted of 2nd degree manslaughter due to negligent or intentional
use of a dog under Minnesota Statutes q 609.205(4): or
c. Convicted of Gross Misdemeanor harm caused by a dog under
Minnesota Statutes 9 609.226. Subd. 1.
M. Dog Ownership Prohibition Review. Beginning three years after a conviction
under City Code Section 10.30. Subdivision 7(L)(1) that prohibits a person
from owning a dog. and annually thereafter. the person may request in
writing to the Police Chief that any limitations imposed by the City review the
prohibition. The City may consider such facts as the seriousness of the
violation or violations that led to the prohibition. any criminal convictions. or
other facts that the City deems appropriate. The City may rescind the
prohibition entirely or rescind it with limitations. The City also may establish
conditions a person must meet before the prohibition is rescinded. including,
but not limited to. successfully completing dog training or dog handling
courses. If the City rescinds a person's prohibition and the person
subsequently fails to comply with any limitations imposed by the City or the
person is convicted of any animal violation including unprovoked bites or dog
attacks. the City may permanently prohibit the person from owning a dog in
this state.
N. Penalties. Unless stated otherwise. any person who violates a provision of
this Subdivision is guilty of a misdemeanor or alternatively, any
Golden Valley City Code
Page 13 of 17
9 10.30
administrative penalties related to violations of this City Code Section 10.30.
subd. 7
Subdivision 8. Dogs or Cats Disturbing the Peace
It is unlawful for any person to keep or harbor a dog or cat which barks, cries,
squeals, howls or meows, excessively, continuously or in an untimely manner. The
phrase "barks, cries, squeals, howls or meows, excessively, continuously or in an
untimely manner" includes, but is not limited to, the creation of any noise by any
dog or cat which can be heard by any person, including a law enforcement officer or
animal control officer, from a location outside of the building or premises where the
dog or cat is being kept, and which noise occurs repeatedly over at least a five (5)
minute period of time, with a thirty (30) second or less lapse of time between each
animal noise during the five (5) minute period.
Source: Ordinance No. 90, 2nd Series
Effective Date: 5-21-92
Subdivision 9. Interference With Officers
It is unlawful for any person to take or attempt to take from any person authorized
under the terms of this Section, any dog or cat taken up in compliance with this
Section or in any manner to interfere with or hinder such person in the discharge of
his duties under this Section.
Source: Ordinance No. 11, 2nd Series
Effective Date: 11-24-88
Subdivision 10. Offenses; Tags
It is unlawful to counterfeit, attempt to counterfeit or alter the tags provided for in
this Section or to give false information concerning vaccination requirements under
this Section, or take from any dog a tag legally placed upon it by its owner with the
intent to place it upon another dog, or to place such tag upon another dog.
Subdivision 11. Quarantine of Dogs and Cats
A. Whenever any person owning, harboring or maintaining a dog or cat sftaH
learn~that such animal has bitten any human being, such person shall
immediately impound said animal at such person's expense in a licensed
veterinary hospital of such person's choice and shall also immediately notify
the Police Public S~fcty Department. If, however, such person submits
unequivocal proof to the Police Public S~fcty Department that said animal
was effectively vaccinated in accord with this Section or approved veterinary
practice at the time of said bite, the animal shall be securely quarantined at
the residence of the eOwner or in such other manner as the Police
Department of Public S~fcty, in its discretion, may direct.
B. The Police Public S~fcty Department when informed that a dog or cat has
bitten any human being shall ascertain the identity of such animal and the
Golden Valley City Code
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9 10.30
person owning, controlling, or harboring it and shall immediately direct such
person to immediately quarantine such animal in the manner set forth above.
In the case of stray animals, or in the cases of animals whose ownership is
not known, such quarantine shall be at a shelter designated by the Police
Department of Public S<:lfcty.
C. Any dog or cat which has bitten a human being shall be securely quarantined
continuously for ten (10) days in the manner described above and shall not
be released from such quarantine except by written permission of the Police
Department of Public S<:lfcty. The eOwner or person harboring such animal
during confinement shall immediately notify the Police Public S<:lfcty
Department of any evidence of sickness or disease in the animal during its
period of confinement.
D. Upon demand made by the Police Department of Public S<:lfcty as
contemplated above, the eOwner or person harboring said dog or cat shall
immediately comply with any such demand. Said animal may be reclaimed or
released from quarantine by to the eOwner or possessor of the animal if it is
adjudged free of rabies by a licensed veterinarian, and upon payment of the
license fee authorized by this Section7~ and compliance with all other stated
requirements.
Subdivision 12. Muzzling of Dogs
Whenever the prevalence of rabies renders such action necessary to protect the
public health and safety, the Mayor shall issue a proclamation ordering every
person owning or keeping a dog to confine it securely on the premises of such
person unless it is muzzled so that it cannot bite. No person shall violate such
proclamation, and any unmuzzled dog running at large during the time fixed in the
proclamation shall be destroyed by the police either with or without notice to the
owner, such notice to be at the discretion of the police.
Subdivision 13. Leashing
No person having the custody or control of any dog or animal of the dog kind shall
at any time permit the same to be on or in other than land owned, leased, or
occupied by the person having the custody or control of such dog or animal of the
dog kind, without being effectively restrained by leash or command control as
herein set forth, from going beyond such unfenced area or lot; nor shall any person
having the custody or control of any dog or animal of the dog kind permit the same
at any time to be on any street or public place without being effectively restrained
by chain or leash not exceeding six (6) feet in length, unless accompanied by and
under the control and direction of the person having control or custody so as to be
as effectively restrained by command as by a leash.
Source: City Code
Effective Date: 6-30-88
Golden Valley City Code
Page 15 of 17
9 10.30
Subdivision 14. Running at Large
The Police Department of Public S<:lfcty shall take up and impound any dog or cat or
animal of the dog kind running at large in violation of this Section.
Subdivision 15. Limit on Number of Dogs and Cats
Not more than three (3) dogs and three (3) cats are to be maintained on any lot or
in any residence except that one ffilitter of pups or kittens in excess of the above
number may be kept up to an age of ninety (90} days.
Subdivision 16. Kennels
A. Defined. For the purpose of this Subdivision, the term "kennels means any
place, building, tract of land, abode or vehicle, wherein or whereon three ill
or more dogs or cats, over ninety (90) days of age, are kept, kept for sale, or
boarded.
B. License Required. It is unlawful for any person to operate or maintain a
kennel without a license therefor from the City.
C. License Fee. The annual fee for a kennel license is ten dollars (.110.00)
doll<:lrs.
D. Exception. Hospitals and clinics operated by licensed veterinarians exclusively
for the care and treatment of animals and the Hennepin County Humane
Society are exempt from the provisions of this Subdivision.
Subdivision 17. Humane Treatment of Dogs and Cats
Every person shall provide any dog or cat of which such person has control suf-
ficient and proper food, water, shelter and veterinarian care. No person shall
poison, overwork or mistreat or in any way further any act or cruelty to any dog or
cat whether belonging to such person or another. No person shall abandon any dog
or cat of which such person has control. Any unwanted dogs or cats may be given
to the Police Department of Public S<:lfcty which shall humanely deal with said dog
or cat; provided that such giving of a dog or cat shall not affect the liability of the
eOwner for any impoundment and charges and fees incurred prior to such giving,
as provided for in this Section. (In addition, Minnesota Statutes Chapters 346 and
347 are hereby adopted by reference in their entirety.)
Source: Ordinance No. 11, 2nd Series
Effective Date: 11-24-88
Subdivision 18. Mediation
In addition, but not to the exclusion, of any criminal prosecution by reason of
violations of this Section, either party involved in an alleged violation may request a
mediation meeting with all other affected parties and a representative of the Police
Department of Public S<:lfcty. Such a request shall be addressed to, and said
meeting shall be arranged by, the Police Department of Public S<:lfcty.
Golden Valley City Code
Page 16 of 17
9 10.30
Source: City Code
Effective Date: 6-30-88
Subdivision 19. Restrictions on Dogs and Cats
No eOwner shall permit such eOwner's dog or cat to damage or foul any lawn,
garden or other property.
Source: Ordinance No. 90, 2nd Series
Effective Date: 5-21-92
Subdivision 20. Enforcement
Licensed peace officers, reserve officers, and community service officers, employed
by the Police Department of Public S~fct'y' are authorized to issue citations for the
violation of this Section.
Golden Valley City Code
Page 17 of 17
ORDINANCE NO. 422, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Section 10.30, Regarding Registration of Dangerous Dogs
The City Council for the City of Golden Valley hereby ordains:
Section 1. City Code Section 10.30 is hereby amended by deleting the
existing language and replacing in its entirety with a new Section 10.30. Animal
Control.
Section 10.30: Animal Control
Subdivision 1. Definitions
As used in this Chapter:
A. Animal Control: means an agency of the state, county, municipality, or
other governmental subdivision of the state which is responsible for animal
control operations in a jurisdiction.
B. At Large: means off the premises of the Owner and not under the control of
the Owner or other competent person, either by leash or otherwise.
C. Dangerous Dog means any dog that:
1. Has without provocation, inflicted Substantial Bodily Harm on a human
being on public or private property.
2. Has killed a domestic animal with provocation while off the Owner's
property.
3. Has been found to be potentially dangerous, and after the Owner has
noticed that the dog is potentially dangerous, the dog aggressively bites,
attacks, or endangers the safety of humans or domestic animals.
D. Dog: means both the male and female of the canine species, commonly
accepted as domesticated household pets.
E. Great Bodily Harm: means bodily injury which creates a high probability of
death, or which causes serious permanent disfigurement, or which causes a
permanent or protracted loss or impairment of the function of any bodily
member or organ or other serious bodily harm.
F. Owner: means any person or persons, firm, corporation, organization,
department, or association owning, possessing, harboring, keeping, having
an interest in, or having care, custody or control of a dog, except veterinary
hospitals owned and operated under the provisions of the Veterinary Practice
Act of the State of Minnesota and the Animal Humane Society of Hennepin
County.
G. Potentially Dangerous Dog means any dog that:
1. When unprovoked, inflicts or bites on a human or domestic animal on
public or private property;
2. When unprovoked, chases or approaches a person, including a person on
a bicycle, upon the streets, sidewalks or any public or private property,
other than the dog Owner's property, in an apparent attitude of attack; or
3. Has a known propensity, tendency, or disposition to attack unprovoked,
causing injury or otherwise threatening the safety of humans or domestic
animals.
H. Proper Enclosure: means securely confined indoors or in a securely
enclosed and locked pen or structure suitable to prevent the animal from
escaping and providing protection from the elements for the dog. A proper
enclosure does not include a porch, patio, or any part of a house, garage, or
other structure that would allow the dog to exit of its own volition, or any
house or structure in which windows are open or in which door or window
screens are the only obstacles that prevent the dog from exiting. The
enclosure shall not allow the egress of the dog in any manner without human
assistance. A pen or kennel shall meet the following minimum specifications:
1. A minimum overall floor size of thirty-two (32) square feet.
2. Sidewalls shall have a minimum height of five (5) feet and be constructed
of 11-gauge or heavier wire. Openings in the wire shall not exceed two
(2) inches, support post shall by one and one-fourth inch (1%") or larger
steel pipe buried in the ground eighteen (18) inches or more. When a
concrete floor is not provided, the sidewalls shall be buried a minimum of
one (1) inch in the ground.
3. A cover over the pen or kennel shall be provided. The cover shall be
constructed of the same gauge wire or heavier as the sidewall and
openings in the wire shall not exceed two (2) inches.
4. An entrance/exit gate shall be provided and be constructed of the same
material as the sidewalls and openings in the wire shall not exceed two
(2) inches. The gate shall be self-closing and self-locking. The gate shall
be closed at all times when the dog is in the pen or kennel.
1. Substantial Bodily Harm: means bodily injury which involves a temporary
but substantial disfigurement, or which causes a temporary but substantial
loss or impairment of the function of any bodily member or organ, or which
causes a fracture of any bodily member.
J. Unprovoked: means the condition in which the dog is not excited,
stimulated, agitated or disturbed into action.
Subdivision 2. City Veterinarian
The Council may appoint a qualified veterinarian, for such term as it shall
designate, as City Veterinarian. The City Veterinarian shall act as an advisor to the
Council, City Staff and City Health Officer on matters pertaining to animal and
human health relationships. It shall be the responsibility of said veterinarian to
insure that qualified veterinary care is available at all times for any injured or
diseased animal apprehended by members of the Police Department.
Subdivision 3. Dog Licenses
A. License Required. It is unlawful to keep any dog of more than one hundred-
fifty (150) days of age unless a license therefor has been first secured.
Licenses shall be issued by the Police Department. The license fee shall be
set annually by Council resolution based upon the City's cost experience
during the preceding twelve (12) months. Applicants shall certify that the
dog to be licensed has been vaccinated against rabies, effective for the
license year, by a qualified veterinarian. Licenses shall expire on the 31st day
of December next following their issuance. For purposes of this Subdivision, a
vaccination with a killed rabies vaccine shall be deemed effective for twelve
(12) months, and a vaccination with a live rabies vaccine shall be deemed
effective for twenty-four (24) months.
B. Date of Payment. It shall be the duty of each owner of a dog to pay the
license fee imposed hereunder to the Police Department during the month of
January in each year, or upon acquiring ownership or possession of any
unlicensed dog or upon establishing residence in the City.
C. Receipts and Tags. Upon payment of the license fee, the Police Department
shall execute a receipt in duplicate. The original receipt, along with the tag,
shall be delivered to the applicant. The duplicate copy shall be retained by
the Police Department. License tags shall be different from year to year.
D. Affixing Tags. Upon purchase of a license the Owner shall cause said tag to
be affixed by a permanent metal fastening to the collar of the dog so licensed
in such a manner that the tag may be easily seen by the officers of the City.
The Owner shall see that the tag is constantly worn by such dog.
E. Duplicate Tags. In case any dog tag is lost, a duplicate shall be issued by the
Police Department upon presentation of a receipt showing payment of the
license fee for the current year. The charge for each such duplicate tag shall
be set annually by Council resolution.
Subdivision 4. Dog and Cat Impounding
A. Impounding.
1. The Police Department shall take up and impound any dogs found in the
City without the tag provided for in this Section, or found in the City at
large while injured or diseased, and at such other occasion as may be
necessary to enforce this Section. Said City personnel are empowered and
instructed to enter upon any private premises where they have
reasonable cause to believe there is an unlicensed dog.
2. It is unlawful for the Owner of any cat more than six (6) months of age to
fail to have such cat vaccinated for rabies each twelve (12) months and to
have evidence of such vaccination permanently attached to a collar kept
around the neck of such cat. Any cat found off the Owner's premises
without such evidence of valid and current immunization shall be
impounded.
B. Notice of Impounding. Upon taking up and impounding any dog or cat as
provided in this Section, the Police Department shall promptly prepare a
record describing said impounded dog or cat and retain a copy of said record
during the period of impoundment and during a period of ninety (90) days
thereafter.
C. Redemption. Any dog or cat may be redeemed from the Police Department
by the Owner within five (5) days of the impounding by the payment to the
Police Department of the license fee (for dogs only) for the current year, and
additional fee if applicable, together with an impounding fee, a boarding fee
for each day or portion thereof that the dog or cat is confined, and
reasonable charges for medical treatment of said dog or cat, if required. The
amount of the fees shall be established annually by Council resolution based
upon the City's cost experience during the preceding twelve (12) months.
D. Release. Upon proof of ownership and payment of all fees and charges as
provided herein to the Police Department, the Police Department shall
release to any Owner the dog or cat claimed by such Owner. In any event, all
Owners who refuse the return of a dog or cat, or whose dog or cat shall die
during impoundment, shall be liable for all reasonable charges and fees for
the impoundment, care and treatment, board, and disposal of said dog or
cat.
E. Unclaimed Dogs or Cats. Any dog or cat which is not claimed as provided in
this Section, within five (5) days after impounding may be sold for not less
than total charge provided in this Section, to any desiring to purchase the
dog or cat. Any dog or cat which is not claimed by the owner or sold may be
disposed of by the Police Department.
Subdivision 5. Power to Contract
The Council may, from time to time, and upon such terms and conditions as it
deems proper, contract with any qualified person to act as its agent to effectuate
the purposes of this Section.
Subdivision 6. Confinement of Certain Dogs
Any female dog in heat, and any dog who annoys or threatens persons passing on
or using public streets, and any dog which habitually chases automobiles shall be
confined or effectively restrained by its Owner. In addition to issuing a citation, the
Police Department may take up and impound any dog found at large in violation of
this provision, and release it only upon order of the Police Department after
payment of the fees provided for herein.
Subdivision 7. Registration of DanCJerous Doas
A. Adoption by Reference. Except as otherwise provided in this chapter, the
regulatory and procedural provisions of Minnesota Statutes, Sections 347.51
through 347.515 (a part of the law commonly referred to as the "Dangerous
Dog Regulations") as amended through Laws 2001, are hereby incorporated
herein and adopted by reference, subject however to adoption by the City of
any administrative penalties related to violations of this City Code Section
10.30, subd. 7.
B. Declaration of Potentially Dangerous or Dangerous Dogs.
1. A Golden Valley police officer, police officer, community service officer, or
animal control officer may declare a dog to be potentially dangerous or
dangerous, when the officer has probable cause to believe that the dog is
potentially dangerous or dangerous as defined herein. The following
factors will be considered in determining a dangerous or potentially
dangerous dog:
a. Whether any injury or damage to a person by the dog was caused
while the dog was protecting or defending a person or the dog's
offspring within immediate vicinity of the dog from an unjustified
attack or assault;
b. The size and strength of the dog, including jaw strength, and the
animal's propensity to bite humans or other domesticated animals;
c. Whether the dog has wounds, scarring, is observed in a fight, or has
other indications that the dog has been or will be used, trained or
encouraged to fight with another animal or whose Owner is in
possession of any training apparatus, paraphernalia or drugs used to
prepare such dogs to fight with other animals.
2. Beginning one hundred and eighty (180) days from the date a dog is
declared potentially dangerous or dangerous; the Owner may request
annually that the City review the designation. The Owner shall provide
clear and convincing evidence to the hearing officer that the dog's
behavior has changed due to the dog's age; neutering; environment;
completion of obedience training that includes modification of aggressive
behavior; or other factors rendering the dog no longer dangerous or
potentially dangerous. The hearing officer shall review the evidence
without hearing, and if the hearing officer finds sufficient evidence that
the dog's behavior has changed, and the dog is no longer potentially
dangerous or dangerous, the hearing officer may rescind the dangerous
dog designation. For purposes of this ordinance, the hearing officer is the
Chief of Police, or his/her designee.
3. Exceptions.
a. The provisions of this Subdivision do not apply to dogs used by law
enforcement.
b. Dogs may not be declared dangerous or potentially dangerous if the
threat, injury or danger was sustained by a person who was:
1) Committing a willful trespass or other tort upon the premises
occupied by the Owner of the dog;
2) Provoking, tormenting, abusing or assaulting the dog, or who can
be shown to have a history of repeatedly provoking, tormenting,
abusing or assaulting the dog; or
3) Committing or attempting to commit a crime.
C. License Required. The Owner must annually license dangerous and
potentially dangerous dogs with the City and must license a newly declared
dangerous or potentially dangerous dog within fourteen (14) days after
notice that a dog has been declared dangerous or potentially dangerous.
Regardless of any appeal that may be requested, the Owner must comply
with the requirements of Minnesota Statutes, Section 347.52(a) and (c)
regarding Proper Enclosures and notification to the City upon transfer or
death of the dog, until and unless a hearing officer or court of law reverses
the declaration.
1. Process for Dangerous Dogs. The City will issue a license to the Owner of
a dangerous dog if the Owner presents clear and convincing evidence
that:
a. There is a Proper Enclosure, as defined herein;
b. That there is a surety bond by a surety company authorized to conduct
business in Minnesota in the sum of at least three hundred thousand
dollars ($300,000), payable to any person injured by a dangerous dog,
or receipt of a copy of a policy of liability insurance issued by an
insurance company authorized to do business in Minnesota in the
amount of at least three hundred thousand dollars ($300,000),
insuring that Owner for any personal injuries inflicted by the
dangerous dog. Such surety bond or insurance policy shall provide
that no cancellation of the bond or policy will be made unless the City
is notified in writing by the surety company or the insurance company
at least ten (10) days prior to such cancellation and written proof shall
be submitted that shows that the Owner's insurance provider has been
notified, in writing, of the declaration of the potentially dangerous or
dangerous dog;
c. The Owner has paid the annual license fee;
d. The Owner has had a microchip identification implanted in the
dangerous dog. The name of the microchip manufacturer and
identification number of the microchip must be provided to the City. If
the microchip is not implanted by the Owner at the Owner's expense,
it may be implanted by the City at the Owner's expense; and
e. The Owner provides proof that the dog has been sterilized. If the
Owner does not sterilize the dog within thirty (30) days, the City shall
seize the dog and sterilize it at the Owner's expense.
2. Process for Potentially Dangerous Dogs. The City will issue a license to the
Owner of a potentially dangerous dog if the Owner presents clear and
convincing evidence that:
a. There is a Proper Enclosure, as defined herein;
b. The Owner has paid the annual license fee; and
c. The Owner has had a microchip identification implanted in the
dangerous dog. The name of the microchip manufacturer and
identification number of the microchip must be provided to the City. If
the microchip is not implanted by the Owner at the Owner's expense,
it may be implanted by the City at the Owner's expense.
3. Inspection. A pre-license inspection of the premises to ensure compliance
with the City Code is required. If the City issues a license to the Owner of
a dangerous or potentially dangerous dog, the City shall be allowed at any
reasonable time to inspect the dog, the Proper Enclosure and all places
where the animal is kept.
4. Warning Symbol. The Owner of a dangerous dog licensed under this
Subdivision must post a sign with the uniform dangerous dog warning
symbol on the property in order to inform children that there is a
dangerous dog on the property. The sign will be provided upon issuance
of the license.
5. Tags. A dangerous dog licensed under this Subdivision must wear a
standardized, easily identifiable tag at all times that contains the uniform
dangerous dog symbol, indentifying the dog as dangerous. The tag shall
be provided by the City upon issuance of the license.
6. License Fee. The City will charge the Owner an annual license fee for a
dangerous or potentially dangerous dog.
D. Properly Restrained in Proper Enclosure or Outside of Proper Enclosure. While
on the Owner's property, an Owner of a dangerous or potentially dangerous
dog must keep it in a Proper Enclosure. Inside a residential home, there must
be a secured area maintained where the dog will stay when persons other
than family members are present. If the dog is outside the Proper Enclosure,
the dog must be muzzled and restrained by a substantial chain or leash no
longer than six (6) feet and under the physical restraint by an adult. The
muzzle must be made in a manner that will prevent the dog from biting any
person or animal but that will not cause injury to the dog or interfere with its
vision or respiration.
E. Notification Requirements to City.
1. Relocation or Death. The Owner of the dog that has been declared
dangerous or potentially dangerous must notify the City Clerk in writing if
the dog is to be relocated from its current address or if the dog has died.
The notification must be given in writing within thirty (30) days of the
relocation or death. The notification must include the current Owner's
name and address, and the new Owner's name and the relocation
address. If the relocation address is outside the City, the City may notify
the local law enforcement agency of the transfer of the dog into its
jurisdiction.
2. Renter's Obligations. A person who owns or possess a dangerous or
potentially dangerous dog and who will rent property from another where
the dog will reside must disclose to the property owner prior to entering
the lease agreement and at the time of any lease renewal periods that the
person owns or possesses a dangerous or potentially dangerous dog that
will reside at the property. A dog Owner, who is currently renting
property, must notify the property owner within fourteen (14) days of City
notification if the owned dog is newly declared as dangerous or potentially
dangerous and that the dog Owner keeps the dog on the property.
3. Transfer of Ownership into the City. No dog that has been previously
determined to be dangerous or potentially dangerous by another
jurisdiction shall be kept, owned or harbored in the City unless the dog's
Owner complies with the requirements of this Subdivision prior to bringing
the dog into the City. Dogs in violation of this subsection are subject to
impoundment and destruction.
F. Seizure. Animal control may immediately seize any dangerous or potentially
dangerous dog if:
1. After fourteen (14) days after the Owner has notice that the dog is
declared dangerous or potentially dangerous, the dog is not validly
licensed and no appeal has been filed;
2. After fourteen (14) days after the Owner has notice that the dog is
dangerous, the Owner does not secure the proper liability insurance or
surety coverage as required or such required insurance is cancelled;
3. The dog is not maintained in a Proper Enclosure;
4. The dog is outside the Proper Enclosure and not under proper restraint, as
required by City Code Section 10.30, subd. 7(0);
5. After thirty (30) days after the Owner has notice that the dog is
dangerous, the dog is not sterilized, as required by City Code Section
10.30, subd. 7(C)(1)(e); or
6. The dog's microchip has been removed.
G. Reclamation. A dog seized under Subdivision 7(F) above, may be
reclaimed by the Owner of the dog upon payment of Maintenance
Costs, and presenting proof animal control that the requirements of
this Subdivision have been met. A dog not reclaimed under this
subdivision within seven (7) days may be disposed of and the Owner
will be liable to the City for Maintenance Costs. A person claiming an
interest in a seized dog may present disposition of the dog by posting
a security in an amount sufficient to provide for the dog's Maintenance
Costs. The security must be posted with the City within seven (7) days
of the seizure inclusive of the date seized.
H. Subsequent Offenses; Seizure. If a person has been convicted of violating a
provision of this Subdivision, and the person is charged with a subsequent
violation relating to the same dog, the dog must be seized. If the Owner is
convicted of the crime for which the dog was seized, the court may order
that the dog be destroyed in a proper and humane manner and the Owner
pay the Maintenance Costs. If the Owner is not convicted and the dog is not
reclaimed by the Owner within seven (7) days after the Owner has been
notified that the dog may be reclaimed, the dog may be disposed of, used for
researched, or destroyed.
1. Notice, Hearings.
1. Notice. After a dog has been declared dangerous or potentially dangerous
or has been seized for destruction, the City shall give notice by delivering
or mailing the notice to the Owner of the dog, or by posting a copy of the
notice at the place where the dog is kept, or by delivering it to a some
person of suitable age and discretion residing on the property. The officer
shall provide a copy of the notice served upon the dog Owner, along with
an affidavit of service, to the City Clerk.
2. Content of Notice. The notice described above must include:
a. a description of the seized dog, the authority for and purpose of the
declaration and seizure; the time, place, and circumstances under
which the dog was declared; and the telephone number and contact
person where the dog is kept;
b. a statement that the Owner of the dog may request a hearing
concerning the declaration and that failure to do so within fourteen
(14) days of the date of the notice will terminate the Owner's right to a
hearing;
c. a statement that if an appeal request is made within fourteen (14)
days of the notice, the Owner must immediately comply with the
requirements of Minnesota Statutes, Section S347.52, paragraphs (a)
and (c) regarding Proper Enclosures and notification to the City upon
transfer or death of the dog, until such time at the hearing officer
issues an opinion;
d. a statement that if the hearing officer affirms the dangerous dog
declaration, the Owner will have fourteen (14) days from receipt of
that decision to comply with all other requirements of Minnesota
Statutes, Section SS 347.51, 347.515 and 347.52;
e. a form to request a hearing; and
f. a statement that if the dog has been seized, all Maintenance Costs of
the care, keeping, and disposition of the dog pending the outcome of
the hearing are the responsibility of the Owner, unless a court or
hearing officer finds that the seizure or impoundment was not
substantially justified by law.
3. Hearing.
a. After a dog has been declared dangerous, potentially dangerous or has
been seized for destruction, the Owner may appeal in writing to the
City within fourteen (14) days after notice of the declaration or
seizure. Failure to do so within fourteen (14) days of the date of the
notice will terminate the Owner's right to a hearing. The Owner must
pay a one hundred dollar ($100) fee for an appeal hearing.
b. The appeal hearing will be held within fourteen (14) days of the
request. The hearing officer must be an impartial employee of the City
or an impartial person retained by the City to conduct the hearing. The
appeal hearing shall be in an informal manner, and the Minnesota
Rules of Civil Procedure and Rules of Evidence shall not be strictly
applied. The hearing need not be transcribed, but may be transcribed
at the sole expense of the party who requests the transcription.
c. If the declaration or destruction is upheld by the hearing officer, actual
expenses of the hearing up to a maximum of one thousand dollars
($1,000), as well as all Maintenance Costs, will be the responsibility of
the dog's Owner. The hearing officer shall issue a decision on the
matter within ten (10) days after the hearing. The decision shall be
delivered to the dog's Owner by hand delivery or registered mail as
soon as practical and a copy shall be provided to the City. The decision
of the hearing officer is final.
d. An Owner's right to appeal or otherwise contest a potentially
dangerous or dangerous dog declaration shall be deemed waived if the
Owner fails to serve a written request for appeal, as required herein,
or fails to appear at the scheduled appeal hearing date.
J. Destruction of Certain Dogs. The Police Chief and/or hearing officer are
authorized to order the destruction or other disposition of any dog, after
proper notice is given pursuant to Subdivision 7(1) and upon finding that:
1. The dog has habitually destroyed property or habitually trespassed in a
damaging manner on property of persons other than the Owner;
2. The dog has been declared dangerous, the Owner's right to appeal
hereunder has been exhausted or expired, and the Owner has failed to
comply with the provisions of this Subdivision;
3. It is determined that the dog is infected with rabies;
4. The dog inflicted Substantial or Great Bodily Harm on a human on public
or private property without provocation;
5. The dog inflicted multiple bites on a human on public or private property
without provocation;
6. The dog bit multiple human victims on public or private property in the
same attack without provocation;
7. The dog bit a human on public or private property without provocation in
an attack where more than one (1) dog participated in the attack; or
8. The dog poses a danger to the public's health, safety or welfare. In
determining whether the dog poses a danger to the public's health, safety
or welfare, the following factors may be considered:
a. The dog weighs more than twenty (20) pounds;
b. The strength of the dog, including as strength;
c. The dog's tolerance for pain;
d. The dog's tendency to refuse to terminate an attack;
e. The dog's propensity to bite humans or other domestic animals;
f. The dog's potential for unpredictable behavior;
g. The dog's aggressiveness;
h. The likelihood that a bite by the dog will result in serious injury.
K. Concealing of Dogs. Any person that may harbor, hide or conceal a dog that
the City has the authority to seize or that has been ordered into custody for
destruction or other proper disposition shall be guilty of a misdemeanor.
L. Dog Ownership Prohibited.
1. Except as provided below, a person shall not own a dog if the person has
been:
a. Convicted of a 3rd or subsequent violation of City Code Section 10.30,
Subdivision 7(D), (E) or (F) or Minnesota Statutes 9 347.51, 347.515
or 347.52;
b. Convicted of 2nd degree manslaughter due to negligent to intentional
use of a dog under Minnesota Statutes 9 609.205(4); or
c. Convicted of Gross Misdemeanor harm caused by a dog under
Minnesota Statutes 9 609.226, Subd. 1.
M. Dog Ownership Prohibition Review. Beginning three years after a conviction
under City Code Section 10.30, Subdivision 7(L)(1) that prohibits a person
from owning a dog, and annually thereafter, the person may request in
writing to the Police Chief that any limitations imposed by the City review the
prohibition. The City may consider such facts as the seriousness of the
violation or violations that led to the prohibition, any criminal convictions, or
other facts that the City deems appropriate. The City may rescind the
prohibition entirely or rescind it with limitations. The City also may establish
conditions a person must meet before the prohibition is rescinded, including,
but not limited to, successfully completing dog training or dog handling
courses. If the City rescinds a person's prohibition and the person
subsequently fails to comply with any limitations imposed by the City or the
person is convicted of any animal violation including unprovoked bites or dog
attacks, the City may permanently prohibit the person from owning a dog in
this state.
N. Penalties. Unless stated otherwise, any person who violates a provision of
this Subdivision is guilty of a misdemeanor or alternatively, any
administrative penalties related to violations of this City Code Section 10.30,
Subd. 7
Subdivision 8. Dogs or Cats Disturbing the Peace
It is unlawful for any person to keep or harbor a dog or cat which barks, cries,
squeals, howls or meows, excessively, continuously or in an untimely manner. The
phrase "barks, cries, squeals, howls or meows, excessively, continuously or in an
untimely manner" includes, but is not limited to, the creation of any noise by any
dog or cat which can be heard by any person, including a law enforcement officer or
animal control officer, from a location outside of the building or premises where the
dog or cat is being kept, and which noise occurs repeatedly over at least a five (5)
minute period of time, with a thirty (30) second or less lapse of time between each
animal noise during the five (5) minute period.
Subdivision 9. Interference With Officers
It is unlawful for any person to take or attempt to take from any person authorized
under the terms of this Section, any dog or cat taken up in compliance with this
Section or in any manner to interfere with or hinder such person in the discharge of
his duties under this Section.
Subdivision 10. Offenses; Tags
It is unlawful to counterfeit, attempt to counterfeit or alter the tags provided for in
this Section or to give false information concerning vaccination requirements under
this Section, or take from any dog a tag legally placed upon it by its owner with the
intent to place it upon another dog, or to place such tag upon another dog.
Subdivision 11. Quarantine of Dogs and Cats
A. Whenever any person owning, harboring or maintaining a dog or cat learns
that such animal has bitten any human being, such person shall immediately
impound said animal at such person's expense in a licensed veterinary
hospital of such person's choice and shall also immediately notify the Police
Department. If, however, such person submits unequivocal proof to the
Police Department that said animal was effectively vaccinated in accord with
this Section or approved veterinary practice at the time of said bite, the
animal shall be securely quarantined at the residence of the Owner or in such
other manner as the Police Department, in its discretion, may direct.
B. The Police Department when informed that a dog or cat has bitten any
human being shall ascertain the identity of such animal and the person
owning, controlling, or harboring it and shall immediately direct such person
to immediately quarantine such animal in the manner set forth above. In the
case of stray animals, or in the case of animals whose ownership is not
known, such quarantine shall be at a shelter designated by the Police
Department.
C. Any dog or cat which has bitten a human being shall be securely quarantined
continuously for ten (10) days in the manner described above and shall not
be released from such quarantine except by written permission of the Police
Department. The Owner or person harboring such animal during confinement
shall immediately notify the Police Department of any evidence of sickness or
disease in the animal during its period of confinement.
D. Upon demand made by the Police Department as contemplated above, the
Owner or person harboring said dog or cat shall immediately comply with any
such demand. Said animal may be reclaimed or released from quarantine to
the Owner or possessor of the animal if it is adjudged free of rabies by a
licensed veterinarian, and upon payment of the license fee authorized by this
Section, and compliance with all other stated requirements.
Subdivision 12. Muzzling of Dogs
Whenever the prevalence of rabies renders such action necessary to protect the
public health and safety, the Mayor shall issue a proclamation ordering every
person owning or keeping a dog to confine it securely on the premises of such
person unless it is muzzled so that it cannot bite. No person shall violate such
proclamation, and any unmuzzled dog running at large during the time fixed in the
proclamation shall be destroyed by the police either with or without notice to the
owner, such notice to be at the discretion of the police.
Subdivision 13. Leashing
No person having the custody or control of any dog or animal of the dog kind shall
at any time permit the same to be on or in other than land owned, leased, or
occupied by the person having the custody or control of such dog or animal of the
dog kind, without being effectively restrained by leash or command control as
herein set forth, from going beyond such unfenced area or lot; nor shall any person
having the custody or control of any dog or animal of the dog kind permit the same
at any time to be on any street or public place without being effectively restrained
by chain or leash not exceeding six (6) feet in length, unless accompanied by and
under the control and direction of the person having control or custody so as to be
as effectively restrained by command as by a leash.
Subdivision 14. Running at Large
The Police Department shall take up and impound any dog or cat or animal of the
dog kind running at large in violation of this Section.
Subdivision 15. Limit on Number of Dogs and Cats
Not more than three (3) dogs and three (3) cats are to be maintained on any lot or
in any residence except that one (1) litter of pups or kittens in excess of the above
number may be kept up to an age of ninety (90) days.
Subdivision 16. Kennels
A. Defined. For the purpose of this Subdivision, the term "kennels means any
place, building, tract of land, abode or vehicle, wherein or whereon three (3)
or more dogs or cats, over ninety (90) days of age, are kept, kept for sale, or
boarded.
B. License Required. It is unlawful for any person to operate or maintain a
kennel without a license therefor from the City.
C. License Fee. The annual fee for a kennel license is ten dollars ($10.00).
D. Exception. Hospitals and clinics operated by licensed veterinarians exclusively
for the care and treatment of animals and the Hennepin County Humane
Society are exempt from the provisions of this Subdivision.
Subdivision 17. Humane Treatment of Dogs and Cats
Every person shall provide any dog or cat of which such person has control suf-
ficient and proper food, water, shelter and veterinarian care. No person shall
poison, overwork or mistreat or in any way further any act or cruelty to any dog or
cat whether belonging to such person or another. No person shall abandon any dog
or cat of which such person has control. Any unwanted dogs or cats may be given
to the Police Department which shall humanely deal with said dog or cat; provided
that such giving of a dog or cat shall not affect the liability of the owner for any
impoundment and charges and fees incurred prior to such giving, as provided for in
this Section. (In addition, Minnesota Statutes Chapters 346 and 347 are hereby
adopted by reference in their entirety.)
Subdivision 18. Mediation
In addition, but not to the exclusion, of any criminal prosecution by reason of
violations of this Section, either party involved in an alleged violation may request a
mediation meeting with all other affected parties and a representative of the Police
Department. Such a request shall be addressed to, and said meeting shall be
arranged by, the Police Department.
Subdivision 19. Restrictions on Dogs and Cats
No Owner shall permit such Owner's dog or cat to damage or foul any lawn, garden
or other property.
Subdivision 20. Enforcement
Licensed peace officers, reserve officers, and community service officers, employed
by the Police Department are authorized to issue citations for the violation of this
Section.
Section 2. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted
in its entirety, by reference, as though repeated verbatim herein.
Section 3. This ordinance shall take effect from and after its passage and
publication as required by law.
Adopted by the City Council this day of , 2009.
Is/Linda R. Loomis
Linda R. Loomis, Mayor
A TIEST:
Is/Susan M. Virnig
Susan M. Virnig, City Clerk