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03-09-10 CM Agenda Packet AGENDA Council/Manager Meeting Golden Valley City Hall 7800 Golden Valley Road Council Conference Room March 9, 2010 6:30 pm or immediately following the Special HRA meeting 1. Proposed Ordinance Amendments: A. Administrative Citations B. Withholding Approvals due to Delinquencies or Defaults C. Penalties for Administrative Citations 2. Hennepin County Youth Sports Program Grant Application Resubmittal 3. Comprehensive Plan Transportation Element: Roadway Functional Classifications 4. Continued Item - Proposed Ordinance Amendment - Curb Cut Restrictions in Single Family Residential Zoning District (R-1) 5. 2009 General Fund Transfer 6. Formation of Housing Improvement Area 7. Support for Community Access Preservation Act 8. City Council Workshop Follow-up Council/Manager meetings have an informal, discussion-style format and are designed for the Council to obtain background information, consider policy alternatives, and provide general directions to staff. No formal actions are taken at these meetings. The public is invited to attend Council/Manager meetings and listen to the discussion; public participation is allowed by invitation of the City Council. This document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (TTV: 763-593-3968) to make a request. Examples of alternate formats may include large print, electronic, Braille, audiocassette, etc. tim alley Mern ran urn City Administration/Council 763-593-8003/763-593-8109 (fax) Executive Summary Golden Valley Council/Manager Meeting March 9, 2010 Agenda Item 1. Proposed Ordinances: A. Administrative Citations B. Withholding Approvals due to Delinquencies or Defaults C. Penalties for Administrative Citations Prepared By Thomas Burt, City Manager Summary Staff is recommending three ordinance amendments that will improve compliance with City Code. Administrative Citations - Staff has reviewed the effectiveness of our current practice with code enforcement and has found administrative citations are an effective method to gain compliance. The attached draft ordinance would expand the use of administrative citations to almost all sections of the Code. Under this ordinance the Council will serve as the appeals board for any citation issued. I recommend that we establish the second Tuesday of each month as the date of the hearings. The meetings would begin at 6 pm and staff would contact Council in advance if there were no hearings scheduled. WithholdinQ Approvals Due To Delinquencies or Defaults - This proposed ordinance would allow withholding of licenses, permits or other City approvals for any unpaid fees, charges, taxes and compliance with all state laws and local ordinances. Penalties for Administrative Citations - If there is support for Administrative Citations the fee resolution will be amended with the recommended fees for violations. The City Attorney will be present at the meeting to address questions. If the Council agrees these ordinances would go to a regular Council meeting in April and the ordinances could take effect by May. Attachments Ordinance on Administrative Citations (12 pages) Ordinance on Withholding Approvals due to Delinquencies or Defaults (1 page) Ordinance on Penalties for Administrative Citations (9 pages) Underlined/Overscored Version of Various Sections of City Code (22 pages) DRAFT 3/4/10 CITY OF GOLDEN VALLEY HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE ON ADMINISTRATIVE CITATIONS THE CITY OF GOLDEN VALLEY ORDAINS: Section 1. Adoption of Administrative Citations. Golden Valley City Code is hereby amended to include the following new Chapter 2, Section 21 entitled "Administrative Citations": Subdivision 1. Purpose The purpose of this section is to provide the public and the City of Golden Valley with an informal, cost effective, and expeditious alternative to traditional criminal charges for misdemeanor violations and petty misdemeanor violations of certain City Code provisions. The City finds that such an alternative will have the effect of reducing nuisance violations within the City, and provide the City's law enforcement officials with an additional, effective enforcement tool. Subdivision 2. Administrative Offense Defined Administrative offense. An administrative offense is a violation of any section, subdivision, paragraph or provision of the Golden Valley City Code or ordinance excluding any misdemeanor or petty misdemeanor which would be subject to the Uniform Traffic Regulations Act in Chapter 169 of the Minnesota Statutes, and is subject to the penalties identified in the City's administrative citations fee schedule, updated from time to time by Council ordinance. An administrative offense is not a crime. Subdivision 3. Enforcement Any sworn police officer, department head, any designated city inspector, public work maintenance supervisor, City Engineer, City Manager or other person employed by the City with authority to enforce City Code may, upon determining that there has been a violation of City ordinance or City Code, issue an order to correct and/or administrative citation to the violator, or party responsible for the violation. The administrative citation shall state the nature, location, date, and time of the violation, provide a citation to the section of the City Code violated, identify the official issuing the administrative citation and the amount of the penalty and where and when it must be paid, state a brief description of the appeal process, and required compliance actions, if applicable. The administrative citation must also include notice that the fme stated in the administrative citation could become a lien on the property if the violator fails to properly and timely respond to the administrative citation. 1 DRAFT 3/4/10 Subdivision 4. Respondine: to an Administrative Citation A party who has received an administrative citation must, within twenty days after the administrative citation is issued, pay the penalty amount set forth on the notice and satisfy any outstanding orders for compliance within the notice of violation except as set forth below in this subdivision 4. The penalty may be paid in person at City Hall or by mail. Payment shall be deemed an admission of the violation and the City shall not bring a criminal charge for such violation. Alternatively, a party who has received an administrative citation may, within twenty days after the administrative citation is issued, contest the administrative citation by following the appeal process set forth in Subdivision 9. Payment of an administrative citation shall not excuse the failure to satisfy any compliance orders referenced in the administrative citation and such payment shall not bar further enforcement activity by the City for a continuing violation. Subdivision 5. Failure to Respond to an Administrative Citation In the event a party who has received an administrative citation fails to pay the penalty specified on the administrative citation or request an appeal as set forth in Section 9 herein within twenty days of issuance of the administrative citation; a separate administrative citation, a misdemeanor or a petty misdemeanor charge may be brought against the party for failure to respond, or alternatively, the City may charge the initial violation as a petty misdemeanor or misdemeanor charge. Upon issuance of a misdemeanor or petty misdemeanor charge for failure to respond to an administrative citation, the administrative offense procedure set forth in this chapter shall terminate. Failure to pay any charge for an administrative offense as set forth in an administrative citation shall constitute grounds for suspending or revoking any license or permit held by the violators. Property owners shall be notified in September of each year by U.S. Mail of any outstanding notices of administrative citations and that the fees contained in the notices, and any associated late fees, will be assessed against the real property, if any, identified in the administrative citation. Thirty days after mailing such letter, the Clerk shall file any outstanding notices of administrative citations and special assessments against each such property which shall become liens on such lots or lands. This shall be an additional remedy and not in lieu of any other penalty provided for in City Code or state law. Subdivision 6. Maximum Penalty. The maximum amount of an administrative offenses penalty charged for a single offense may not exceed the maximum fine authorized by state law for misdemeanor offenses or the maximum fine authorized by state law for an administrative process. Subdivision7. Optional Procedure The City of Golden Valley, in its sole discretion, may choose not to utilize administrative citations and may instead bring criminal charges. In the event a party participates in the administrative citation procedures defined in this Chapter, but does not pay the monetary penalty imposed and the party is not otherwise absolved of the administrative offense, the 2 DRAFT 3/4/10 City of Golden Valley shall seek to collect the costs of the administrative offense procedure including without limitation the City's attorney fees and cost as part of a subsequent criminal sentence in the event the party is charged and is found guilty of the violation. Subdivision 8. Disposition of Penalties All penalties collected pursuant to this section shall be paid to the City of Golden Valley and deposited into the general fund. Subdivision 9. Appeals. 1. Right of appeal. Any person aggrieved by an administrative citation may appeal to the Council. Such appeals must be in writing, must specify the grounds for the appeal, must be accompanied by a filing fee, and must be filed with the Clerk within twenty days after receipt of the administrative citation. The filing fee shall be set by the Council. Failure to file an appeal shall constitute a waiver of rights to contest the administrative citation and the imposition of the administrative penalty or penalties. 2. Decision. Upon at least five business days notice to the appellant of the time and place for hearing the appeal, and within thirty (30) days after said appeal is filed, the Council shall hold a hearing thereon, at which the applicant may appear and present evidence as to why a compliance order or administrative order, consistent with the administrative citation or any portion thereof, should not be issued. The Council may reverse, modify, or affirm, in whole or in part, the administrative citation and shall order return of all or part of the filing fee if the appeal is upheld. The Council may postpone a meeting and hold a hearing at a later date, not to exceed sixty days after the appeal is filed. 3. Any fine paid pursuant to this Section shall be refunded if it is determined, after an appeal hearing, that there was no violation as charged in the administrative citation. The City will not be obligated to reimburse for any costs undertaken pursuant to a compliance order, even if it is determined, after an appeal hearing, that there was no violation as charged in the administrative citation. Subdivision 10. Failure to Pay is Separate Violation. Failure to pay a fee for an administrative offense as set forth in the administrative citation in a timely manner, either by order of the Council, or upon losing an appeal in the appeals process described in Section 9 above, or within the twenty day deadline described in Section 4, shall constitute a separate and additional violation of City Code. 3 DRAFT 3/4/10 Section 2. In order to promote the most effective use of the administrative offense process described above, certain provisions of the City Code need to be modified or amended as set forth below. Subdivision 1. Administrative Offense Processes for Violations of Chanter 1. City Code, Section 1.03 is hereby amended and restated in its entirety as follows: Every person violates a chapter, section, subdivision, paragraph or provision of this City Code when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof shall be punished as for a misdemeanor, a petty misdemeanor, or under the administrative citation provisions provided for in the City Code, except as otherwise stated in specific provisions herein, as set forth in the specific chapter in which the section, subdivision, paragraph or provision violated appears. Upon conviction for a crime, the actor may be convicted of either the crime charged if it is a misdemeanor, or a petty misdemeanor as an included offense necessarily proved if the misdemeanor charge were proved. Subdivision 2. Administrative Offense Processes for Violations of Chanter 2. City Code, Section 2.14 is hereby amended and restated in its entirety as follows: In a situation where there is no administrative citation, if any person shall be aggrieved by any administrative decision of the City Manager or any other City official, or any Board or Commission not having within its structure an appellate procedure, such aggrieved person is entitled to a full hearing before the Council upon serving a written request therefor upon the City Manager at least ten (10) days prior to any regular Council meeting. Such request shall contain a general statement setting forth the administrative decision to be challenged by the appellant. At such hearing the appellant may present any evidence the appellant deems pertinent to the appeal, but the City shall not be required to keep a verbatim record of the proceedings. Subdivision 3. Administrative Offense Processes for Violations of Chanter 3. 1. City Code, Section 3.20, Subdivision 6(D) is hereby amended and restated in its entirety as follows: Unlawful Act. Any violation of any provision of this Subdivision is a petty misdemeanor or an administrative offense subject to the provisions regarding administrative citations set forth in Chapter, Section 21 of the City Code for any Person to violate any provision of this Subdivision. II. City Code, Section 3.30, Subdivision 3(E) is hereby amended and restated in its entirety as follows: 4 DRAFT 3/4/10 Any property with a sump pump found not in compliance with this City Code but subsequently verified as compliant shall be subject to an annual re-inspection to confirm continued compliance. If that property is found not to be in compliance upon re-inspection, or any person refuses to allow their property to be re- inspected within 30 days after receipt of mailed written notice from the City, then that property owner shall have violated the City Code and shall be subject to an administrative citation under the process described at Chapter 2 Section 21 of the City Code captioned "Administrative Citations." III. City Code, Section 3.30, Subdivision 4 is hereby amended and restated in its entirety as follows: The Director of Public Works is authorized to permit a property owner to discharge clear water into the sanitary sewer system. Prior to issuance of the permit the Director of Public Works must verify that the criteria to issue the permit have been satisfied. The fee for this permit shall be in an amount to be fixed by the Council and adopted by ordinance. The permit shall authorize such discharge only from November 15 to March 15, shall require the owner to permit an inspection of the property on March 16 or as soon thereafter as possible to determine that discharge into the sanitary sewer has been discontinued and shall subject the owner to an administrative citation in the event the owner refuses an inspection or has failed to discontinue the discharge into the sanitary sewer. Any fine assessed under the administrative citation provisions set forth in Chapter 2, Section 21 will commence with the April water billing and continue until the property owner establishes compliance with this section. A property owner is required to meet at least one (1) of the following criteria in order to obtain a permit: A. The freezing of the discharge from the sump pump, footing or foundation drain is causing a dangerous condition, such as ice buildup or flooding, on either public or private property. B. The property owner has demonstrated that there is a danger that the sump pump, footing or foundation drain pipes will freeze up and result in either failure or damage to the sump pump unit or the footing or foundation drain and cause basement flooding. C. The water being discharged from the sump pump, footing or foundation drain cannot be readily discharged into a city draintile or storm sewer system or other acceptable drainage system. Following ten (10) days written notice and an opportunity to be heard, the Director of Public Works may require the owners of the property to discharge their sump pump or footing or foundation drain into the sanitary sewer from November 15 to March 15 if the discharge is causing an icy condition on streets. 5 DRAFT 3/4/10 IV. City Code, Section 3.99 is hereby amended and restated in its entirety as follows: Every person violates a section, subdivision, paragraph or provision of this Chapter when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, or aids or abets another person in doing the same, and upon conviction thereof, shall be punished as for a misdemeanor or shall be charged with an administrative offense under the administrative citation process set forth in Chapter 2, Section 21 of the City Code, except as otherwise stated in specific provisions hereof. Subdivision 4. Administrative Offense Processes for Violations of Chapter 4. 1. City Code, Section 4.20, Subdivision 15(A) is hereby amended and restated in its entirety as follows: A. Administrative Citations. A fine for a violation of any provision of this Section may be assessed through an administrative citation under the process described at Chapter 2 Section 21 of the City Code captioned "Administrative Citations". II. City Code, Section 4.31, Subdivision 9(A) is hereby amended and restated in its entirety as follows: A. Violation. Any violation of the provisions of this ordinance or failure to comply with any of its requirements shall constitute a misdemeanor or alternatively shall be charged as an administrative citation set forth in Chapter 2, Section 21 of the City Code. III. City Code, Section 4.60, Subdivision 10(C) is hereby amended and restated in its entirety as follows: C. If the re-inspection reveals the violation has not been corrected as ordered, an administrative citation shall be issued to the offender under Chapter 1, Section 21 of the City Code. A separate, additional violation occurs on each day that an offender is out of compliance with the RPMC. IV. City Code, Section 4.60, Subdivisions 11 and 12 are hereby deleted, and Subdivisions 13 and 14 are hereby amended to renumber said Subdivisions to Subdivisions 11 and 12 respectively. Subdivision 6. Administrative Offense Processes for Violations of Chapter 6. City Code, Section 6.03, Subdivision 4 is hereby amended and restated in its entirety as follows: 6 DRAFT 3/4/10 The Council may, for any reasonable cause, refuse to grant any application, or revoke or suspend any license, or where allowed, levy an administrative fine through an administrative citation in accordance with the procedures described at Chapter 2, Section 2.21. No license shall be granted to a person of questionable moral character or business reputation. Before revocation or suspension of any license or before imposition of an administrative fee through an administrative citation, the Council shall give notice to the licensee and grant such licensee opportunity to be heard. Notice to be given and the exact time of hearing shall be stated in the resolution calling for such hearing. The Department of Public Safety shall provide the Council with a report on compliance and illegal conduct by the applicant. Grounds for revocation or suspension may be, but are not limited to, any of the following: A. That the licensee suffered or permitted illegal acts, or acts prohibited under Chapter 6 of the City Code, upon the licensed premises; B. That the licensee had knowledge of such illegal or prohibited acts but failed to report the same to police; C. That the licensee failed or refused to cooperate fully with police in investigating such alleged illegal or prohibited acts; or, D. That the activities of the licensee created a serious danger to public health, safety, or welfare. Subdivision 7. Administrative Offense Processes for Violations of Chapter 7. I. City Code, Section 7.04, Subdivision 2 is hereby amended and restated in its entirety as follows: Visibility shall be maintained at all street intersections. No person shall erect, construct, plant, nurture or maintain any building, structure or vegetation, except low lying plants and grasses in the comer visibility zone without the appropriate right-of-way permit to do so. Existing trees, shrubs and grasses must be maintained to provide, as determined by the Director, clear lines of sight through the comer visibility zone. This clear line of sight is generally considered to be between thirty (30) inches above the gutter line and eight (8) feet above the gutter line. The comer visibility zone is considered that area between the edge of pavement of intersecting streets and a line adjoining points on such lines forty- five (45) feet distant from their point of intersection, or in the case of a rounded comer, point of intersection of the tangents at the end points of the curve. Upon information that any person is in violation of this Chapter, the Director shall give written notice to have the items restricting visibility removed. If after receiving written notice to remove the items restricting visibility, the person fails to remove the offending object within the time specified in the notice, not less 7 DRAFT 3/4/10 than ten (10) days, the Director shall either remove the offending objects with City forces or cite the property owner for an administrative offense under the administrative citation process set forth in Chapter 2, Section 21 of the City Code. All costs associated with this removal shall be billed to the property owner responsible for the obstruction. If the bill is not paid within thirty (30) days of the invoice date, the unpaid costs may be assessed against the property pursuant to Minnesota Statutes, Chap. 429. II. City Code, Section 7.20, Subdivision 2 is hereby amended and restated in its entirety as follows: Subdivision 2. Written Notice of Breach If the Director determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit, the Director shall make a written demand upon the permittee to remedy such violation and may cite the permittee for an administrative offense under the administrative citation process set forth in Chapter 2, Section 21 of the City Code. The demand shall state that continued violations might be cause for revocation of the permit. A substantial breach, as stated above, will allow the Director, at its discretion, to place additional or revised conditions on the permit to mitigate and remedy the breach. III. City Code, Section 7.29 is hereby amended and restated in its entirety as follows: Section 7.29: Appeal A right-of-way user that: A) has been denied registration; B) has been denied a permit; C) has had a permit revoked; or D) believes that any fees imposed, other than fees assessed under an administrative citation issued under Chapter 2, Section 21 of the City Code are invalid, may have the denial, revocation, or fee imposition reviewed, upon written request, by the City Council. The City Council shall act on a timely written request at its next regularly scheduled meeting. A decision by the City Council affirming the denial, revocation or fee imposition will be in writing, and supported by written findings establishing the reasonableness of the decision. A right-of-way user that wishes to appeal a fee assessed under an administrative citation issued under Chapter 2, Section 21 of the City Code may do so under the process set forth in Chapter 2, Section 21, Subd., 10 of the City Code. Subdivision 8. Administrative Offense Processes for Violations of Chanter 8. I. City Code, Section 8.02, Subdivision 2 is hereby amended and restated in its entirety as follows: 8 DRAFT 3/4/10 Subdivision 2. Unlawful Act. It is a misdemeanor or alternatively an administrative offense, which may be charged under the administrative citation process set forth in Chapter 2, Section 21 of the City Code, for any person to do any exhibition driving on any street, parking lot, or other public or private property, except when an emergency creates necessity for such operation to prevent injury to persons or damage to property. II. City Code, Section 8.10, Subdivision 1 is hereby amended and restated in its entirety as follows: Subdivision 1. Maintaining Visibility Visibility from the street of all street signs and traffic control devices shall be maintained. It is a misdemeanor or alternatively an administrative offense, which may be charged under the administrative citation process set forth in Chapter 2, Section 21 of the City Code, for any person to erect, place, plant, grow, nurture, or maintain, any tree, shrub, vegetation, building, structure, fence, ornament, or other object which obstructs the visibility of any street sign or traffic control device in the sight line running from any point in or along the street within 100 feet of such sign or traffic control device to the sign or traffic control device. III. City Code, Section 8.11, Subdivision 1 is hereby amended and restated in its entirety as follows: Subdivision 1. Permit Required It is a misdemeanor or alternatively an administrative offense, which may be charged under the administrative citation process set forth in Chapter 2, Section 21 of the City Code, to sponsor or participate in a parade or special event for which no permit has been obtained from the City. It is also a misdemeanor or alternatively an administrative offense, which may be charged under the administrative citation process set forth in Chapter 2, Section 21 of the City Code, to obtain a parade or special event permit and not conduct the same in accordance with the permit granted by the City. VII. City Code, Section 8.99 is hereby amended and restated in its entirety as follows: Section 8.99: Violation a Misdemeanor or Petty Misdemeanor Every person violates a section, subdivision, paragraph or proVIsIon of this Chapter when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as follows: 9 DRAFT 3/4/10 Subdivision 1. Where the specific section, subdivision, paragraph or provision specifically makes violation a misdemeanor or an administrative offense, such person shall be punished as for a misdemeanor or for an administrative offense under the administrative citation process set forth in Chapter 2, Section 21 of the City Code; where a violation is committed in a manner or under circumstances so as to endanger or be likely to endanger any person or property, such person shall be punished as for a misdemeanor; where such person stands convicted of violation of any provision of this Chapter, exclusive of violations relating to the standing or parking of an unattended vehicle, within the immediate preceding twelve (12) month period for the third or subsequent time, such person shall be punished as for a misdemeanor. Subdivision 2. As to any violations not constituting a misdemeanor under the provisions of Subdivision 1 hereof, such person shall be punished as for a petty misdemeanor or for an administrative offense under the under the administrative citation process set forth in Chapter 2, Section 21 of the City Code, except as otherwise stated in specific provisions hereof. Subdivision 3. As to any violation of a provision adopted by reference, such person shall be punished as specified in such provision, so adopted. Subdivision 9. Administrative Offense Processes for Violations of Chapter 9. 1. City Code, Section 9.99, Subdivision is hereby amended and restated in its entirety as follows: Every person violates a section, subdivision, paragraph or proVIsIOn of this Chapter when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as follows: Subdivision 1. Where the specific section, subdivision, paragraph or provision specifically makes violation a misdemeanor, such person shall be punished as for a misdemeanor; where a violation is committed in a manner or under circumstances so as to endanger or be likely to endanger any person or property, such person shall be punished as for a misdemeanor; where such person stands convicted of violation of any provision of this Chapter, exclusive of violations relating to the standing or parking of an unattended vehicle, within the immediate preceding twelve (12)- month period for the third or subsequent time, such person shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. 10 DRAFT 3/4/10 Subdivision 2. As to any violation not constituting a misdemeanor under the prOVISIOns of Subdivision 1 hereof, such person shall be punished as for a petty misdemeanor or shall be charged with an administrative offense under the administrative citation process set forth in Chapter 2, Section 21 of the City Code, except as otherwise stated in specific provisions hereof. Subdivision 10. Administrative Offense Processes for Violations of Chanter 10. I. City Code, Section 10.52, Subdivision 4 is hereby amended and restated in its entirety as follows: Any person violating this section shall be guilty of a petty misdemeanor, punishable which shall be punished as for a petty misdemeanor or under the administrative citation process set forth in Chapter 2, Section 21 of the City Code. II. City Code, Section 10.53, Subdivision 7 is hereby amended and restated in its entirety as follows: Administrative Citations. A fine for a violation of any provision of this Section may be assessed through an administrative citation under the process described at Chapter 2 Section 21 of the City Code captioned "Administrative Citations". III. City Code, Section 10.53, Subdivision 8 is hereby amended and restated in its entirety as follows: A. Any violation of this Section by performance of an act thereby prohibited or declared unlawful, or failure to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor or under the administrative citation process set forth in Chapter 2, Section 21 of the City Code, except as otherwise stated in specific provisions hereof. B. This Section is not intended to prohibit a private property owner from seeking additional penalties or remedies. V. City Code, Section 10.70, Subdivision 7 is hereby amended and restated in its entirety as follows: Every person violates a section, subdivision, or provision of this Chapter when such person performs an act thereby prohibited or declared unlawful, or performs an act prohibited or declared unlawful or fails to act when such failure is prohibited or declared unlawful by a Code adopted by reference by this Chapter, and upon conviction thereof, shall be punished as for a misdemeanor or under the 11 DRAFT 3/4/10 administrative citation process set forth in C.hapter 2, Section 21 of the City Code, except as otherwise stated in specific provisions hereof. VI. City Code, Section 10.99 is hereby amended and restated m its entirety as follows: Every person violates a section, subdivision, paragraph or provIsIOn of this Chapter when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, or performs an act prohibited or declared unlawful or fails to act when such failure is prohibited or declared unlawful by a Code adopted by reference by this Chapter, and upon conviction thereof, shall be punished as for a misdemeanor or under the administrative citation process set forth in Chapter 2, Section 21 of the City Code, except as otherwise stated in specific provisions hereof. Subdivision 11. Administrative Offense Processes Generally. City Code, Sections 2.99, 4.99, 5.99, 6.99, 7.99, 11.99, and 12.99 are hereby amended and restated in its entirety as follows: Every person violates a section, subdivision, paragraph or provision of this Chapter when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor or shall be charged with an administrative offense under the administrative citation process set forth in Chapter 2, Section 21 of the City Code, except as otherwise stated in specific provisions hereof. Section 3. This Ordinance is effective on its passage and publication. 12 CITY OF GOLDEN VALLEY HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE ON WITHHOLDING APPROVALS DUE TO DELINQUENCIES OR DEFAULTS THE CITY OF GOLDEN VALLEY ORDAINS: Section 1. Adoption of Administrative Citations. Golden Valley City Code is hereby amended to include the following new Chapter 2, Section 22 entitled "Withholding Approvals Due to Delinquencies Or Defaults" Subdivision 1. Conditions to City Approvals A license, permit, or other City approval or authorization of any kind may be granted only to an applicant who: A. has complied with all applicable statutory and ordinance requirements; B. has paid all fees, charges, taxes, special assessments and other debts or obligations that are due from the applicant and payable to the City regarding any matter; and C. is in compliance with all ordinance requirements and attached conditions regarding other City approvals that have been granted to the applicant for any matter. Subdivision 2. Waiver The requirements of Section 22, Subd. 1 (B) and 1 (C) above may be waived in the following circumstances: A. the applicant, licensee or permittee has provided sufficient safeguards to assure payment of debts or compliance with City requirements within a reasonable time after the City approval; or B. enforcement of the requirements would result in a significant hardship to the applicant through no fault of his/her own or would result in an otherwise unfair situation. Section 2. This Ordinance is effective on its passage and publication. Dated this _ day of ,2010. CITY OF GOLDEN VALLEY HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE ADOPTING PENAL TIES FOR ADMINISTRATIVE CITATIONS WHEREAS, the Golden Valley City Council has adopted Ordinance No. on , 2010, establishing a new Chapter 2, Section 21 of Golden Valley City Code entitled, "Administrative Citations", and WHEREAS, Section 1, Subdivision 2 of said Ordinance provides that penalties be imposed for Administrative Citations according to the City's fee schedule, updated from time to time by Ordinance of the Council; and WHEREAS, it is the desire of the Golden Valley City Council to establish such administrative offense penalty schedule. NOW, THEREFORE, the City of Golden Valley ordains that the City's fee schedule is amended to include the following administrative offense penalty schedule: OFFENSE.DESCRIPTION CODE/STATUTE PENALTY SECTION Violation of Chapter 1 For violations of Chapter I , I"Citation: $100 not specifically listed in this 2nd Citation\: $250 schedule. 301 Citation: $500 4th & Subsequent Citation in 12 month period: $500 Violation of Chapter 2 For violations of Chapter 2, Same as above. not specifically listed in this schedule. Violation of Chapter 3 For violations of Chapter 3, Same as above. not specifically listed in this schedule. Interference or obstruction of a municipal utility Sec. 3.04, Subd. 7(A); Sec. Same as above. 3.20, Subd. 3 Connection without permit Sec. 3.04, Subd. 7(B) Same as above. Connection after turn off for non-payment without permit Sec. 3.04, Subd. 7(C) Same as above. Tampering with municipal utility meter Sec. 3.04, Subd. 7(D) Same as above. Knowing use of unrnetered utilities Sec. 3.04, Subd. 7(E) Same as above. Opening any fire hydrant or attempting to draw water from the Sec. 3.20, Subd. 8 Same as above. same Noncompliance or refusal to allow entry for sump pump Sec. 3.30, Subd. 3(E); Sec. $500 per month until correction for inspection pursuant to Sec. 3.20 3.30 3(F) single family residential; $1,000 per month until correction for non-single family residential; second violation shall be double the previously assessed penalty/surcharge Wltil correction Noncompliance or refusal to allow entry for sump pump Sec. 3.30, Subd. 4 $500 per month until correction inspection related to winter discharge pursuant to Sec. 3.30 Failure to maintain the sanitary sewer service lateral between the Sec. 3.30, Subd. 9 1st Citation: $100 sanitary sewer main within the street and the building being 2nd Citation\: $250 served. 3M Citation: $500 4th & Subsequent Citation in 12 month period: $500 Change in title or property ownership of real property without first Sec. 3.30, Subd. I Same as above. obtaining a certificate of 1&1 compliance from the City or complying with Section 3.31, Subd. 5 Violations of Chapter 4 For violations of Chapter 4, Same as above. not specifically listed in this schedule. Construction, equipment, demolition, etc. without first obtaining Sec. 4.03 Same as above. an appropriate permit. moving a building on any street without a moving permit from the Sec. 4.04, Subd. 5 Same as above. City. moving a building on any highway without a highway moving Sec. 4.04, Subd. 5 Same as above. permit Moving a building without having paid in full all real and personal Sec. 4.04, Subd. 5 Same as above. property taxes, special assessments and mWlicipal utility charges due on the premises of origin and filing written proof of such payment with the City. Failure to install and maintain house numbers in accordance with Sec. 4.06, Subd. 2 Same as above. Sec. 4.06, Subd. 2 Damage or destruction of a building number Sec. 4.06, Subd. 3 Same as above. Construction, demolition of a swimming pool without first Sec. 4.08, Subd. 2 Same as above. obtaining a building permit from the City Prohibited use of signs Sec. 4.20, Subd. 4 Same as above. Violation of Sec. 4.20, Subd. 8; general regulations relatilg to Sec. 4.20, Subd. 8 Same as above. signs. Sign Non-conformance Sec. 4.20, Subd. 12 Same as above. Failure to maintain sign Sec. 4.20, Subd. 13 Same as above. Except as provided in Section 4.31, no person may grade, Sec. 4.31, Subd. 3 Same as above. excavate, dispose, etc. the soil or earth materials or perform any other land-disturbing or land-filling activity without first obtaining a permit from the City. Failure to implement a tree preservation plan prior to and during Sec. 4.32, Subd. 3 Same as above. any construction. Removal of a significant tree(s), specimen tree(s), etc. that was Sec. 4.32, Subd. 3 cash mitigation, calculated per intended to be preserved Wlder a tree preservation plan is removed diameter inch of the without specific permission of the Administrator or damaged so removed/destroyed tree or per total that it is in a state of decline within two (2) years from date of square foot of significant woodlands, project closure. Excavating on private property for the installation or repair of Sec. 4.50, Subd. 1 1st Citation: $100 water or sanitary sewerage services without a permit. 2nd Citation\: $250 3M Citation: $500 4th & Subsequent Citation in 12 month period: $500 Failure to meet or exceed minimum exterior standards. Sec. 4.60, Subd. 5 Same as above. Failure of rental properties or multiple dwelling properties to meet Sec. 4.60, Subd. 6 Same as above. or exceed the minimum exterior standards. Failure of rental properties or multiple dwelling properties to meet Sec. 4.60, Subd. 7 Same as above. or exceed the minimum interior standards. Failure of rental properties or multiple dwelling property to meet Sec. 4.60, Subd. 8 Same as above. or exceed the minimum interior standards. Violations of Chapter 5 For violations of Chapter 5, Same as above. not specifically listed in this schedule. Unlawful consumption of, beer, wine or liquor on licensed Sec. 5m, Subd. 1 Same as above. premises more than thirty (30) minutes after the hour when a sale thereof can legally be made. It is unlawful for any person, other than a licensee or such Sec. 5.07, Subd. 2 Same as above. licensee's bona fide employee actually engaged in the performance of his duties, to be on premises licensed under this Chapter more than thirty (30) minutes after the legal time for making licensed sales, unless the licensed establishment is open to the public for serving food. It is unlawful for any licensee, or agent or employee of a licensee, Sec. 5.10, Subd. 2 Same as above. to hinder or prevent a police officer from making san. inspection to determine whether or not this Chapter and all other laws are being observed. Unlawful consumption but someone less than 21-years old. Sec. 5.14, Subd. I Same as above. Unlawful sales to a person under twenty-one (21) years of age; Sec. 5.14, Subd. 2 Same as above. Unlawful possession with intent to consume by an underage Sec. 5.14, Subd. 3 Same as above. individual. It is unlawful for a person under the age of twenty-one (21) years Sec. 5.14, Subd. 4 Same as above. to enter an establishment licensed for the sale of alcoholic beverages or any municipal liquor store for the purpose of purchasing or having served or delivered any alcoholic beverage. It is unlawful for a person under the age of twenty-one (21) years Sec. 5.14, Subd. 5 Same as above. to claim to be twenty-one (21) years old or older for the purpose of purchasing alcoholic beverages. It is unlawful for any licensee to keep, possess, or operate, or Sec. 5.15 Same as above. permit the keeping, possession, or operation on licensed premises of dice or any other gambling device, or permit raffles to be conducted, except as such devices and raffles are allowed in licensed premises under State Statutes. It is unlawful for any person to consume, or possess in an unsealed Sec. 5.16 Same as above. container, any alcoholic beverage on any 1) City park, 2) street, 3) public property, or 4) private parking lot to which the public has access, except on such premises when and where permission has been specifically granted or licensed by the Council or pursuant to a permit issued under Section 5.81. It is unlawful for any: Sec. 5.18 Same as above. * Person to knowingly induce another to make an illegal sale or purchase of an alcoholic beverage. * Licensee to sell or serve an alcoholic beverage to any person who is obvioosly intoxicated. * Licensee to fail, where doubt could exist, to require adequate proof of age of a person upon licensed premises. * Licensee to sell an alcoholic beverage on any day, or during any hour, when such sales are not permitted by law. * Licensee to allow consumption of an alcoholic beverage on licensed premises on any day, or during any hour, when such consumption is not permitted by law. * Person to purchase any alcohol on any day, or during any hour, when such sales are notpennitted by law. It is unlawful for any person, directly or indirectly, on any Sec. 5.30 Same as above. pretense or by any device, to sell, barter, keep for sale, or otherwise dispose of non-intoxicating malt liquor, as part of a commercial transaction, without a license therefore from the City. It is unlawful for any person, directly or indirectly, on any Sec. 5.40 Same as above. pretense or by any device, to sell, barter, keep for sale, or otherwise dispose of liquor, as part of a commercial transaction, without a license therefore from the City. It is unlawful to sell liquor on Sunday unless such sales are I) Sec. 5.41, Subd. 3 Same as above. licensed in accordance with this Section, 2) in conjunction with the sale of food, md, 3) during hours of pennitted sales. It is unlawful for any person, directly or indirectly, on any Sec. 5.60 Same as above. pretense or by any device, to sell, barter, keep for sale, or otherwise dispose of wine on-sale, as part of a commercial transaction, without a license therefore from the City. It is unlawful for any business establishment or club, not holding Sec. 5.80 Same as above. an on-sale liquor license to directly or indirectly, or on any pretense or by any device, sell, barter, keep for sale, or otherwise dispose of any liquid for the purpose of mixing the same with liquor, or pennit its members to bring and keep a personal supply of liquor in lockers assigned to such members or customers or at any location located in the business establishment or club. It is unlawful to pennit the acts or conduct, described in Section Sec. 5.98, Subd. 2 Same as above. 5.98, on licensed premises, subd. 1. Violations of Chapter 6 For violations of Chapter 6, Same as above. not specifically listed in this schedule. It is unlawful for any applicant to intentionally make a false Sec. 6.02, Subd. 3 Same as above. statement or omission upon any application fonn for a license for business. Any false statement in such application, or any willful omission to state any infonnation called for on such application fonn, shall, upon discovery of such falsehood work an automatic refusal of license, or if already issued, shall render any license or pennit issued pursuant thereto, void, and of no effect to protect the applicant from prosecution for violation of this Chapter or any part hereof. Failure to carry or posta business license in a marmer consistent Sec. 6.05 Same as above. with the City Code It is unlawful for any person to knowingly pennit any real property Sec. 6.06 Same as above. owned or controlled by such person to be used, without a license, for any business for which a license is required by this Chapter. Any applicant or licensee under this Chapter who challenges denial Sec. 6.11, Subd. 3 Same as above. of a license or rates fixed or approved by the Council shall have a right to a hearing before the Council upon written request therefor. Notice of time, place and purpose of such hearing shall be given to such persons and by such means as the Council may detennine in calling the hearing. It is unlawful for any person to have upon premises owned or Sec. 6.30, Subd. 2 Same as above. controlled by such person 1) any amusement device, or 2) operate an arcade, without a license therefor from the City. It is unlawful for any person to be a distributor without a license therefor from the City. It is unlawful for any person to: 1) sell or maintain a machine or Sec. 6.30, Subd. 4 Same as above. device which is for gambling or contains an automatic pay-off device; 2) give any prize, award, menhandise, gift, or thing of value to any person on account of operation of such device; 3) sell or maintain, or pennit to be operated in his/her place of business, any amusement device equipped with an automatic pay-off device; 4) eauiD anv amusement device with an automatic Dav-off device; 5) permit the playing of coin amusement machines between the hours of 1 am and 6 am of any day; or, 6) permit the playing of coin amusement machines within six hundred (600) feet of any church, public or parochial school or playground. Violations of Chapter 7 For violations of Chapter 7, Same as above. not specifically listed in this schedule. It is unlawful for any person to place or maintain courtesy benches, Sec. 7.04, Subd. 4 Same as above. with or without advertising thereon, within a street right-of-way, without registration pursuant to this Chapter and a right-of-way permit from the Director. Interference with the right of way. Sec. 7.05, Subd. 2 Same as above. Except as otherwise provided in this Code, no person may obstruct, Sec. 7.08, Subd. I Same as above. construct retaining walls or landscaping, pave driveways or parking stalls, plant trees or shrubs; place courtesy benches, install irrigation, conduits, wires or other objects, or excavate any right-of- way without first having obtained a right-of-way permit from the Director to do so. Failure to obtain a right of way permit. Sec. 7.18, Subd. 2 Double the s1andard license fee. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit, pay double the normal fee for said permit, pay double all the other fees required by the City Code, deposit with the City the fees necessmy to correct any damage to 1he right-of-way and comply with all of the requirements of this Chapter. Violations of Chapter 8 For violations of Chapter 8, I" Citation: $100 not specifically listed in this 2nd Citation\: $250 schedule. 3rd Citation: $500 4th & Subsequent Citation in 12 month period: $500 Exhibition driving 8.02, Subd. 2 Same as above. Sponsorship or participation in a parade with out a permit for the Section 8.11, Subd. 1 Same as above. parade. Conducting a special event or parade in a manner not in accordance Section 8.11, Subd. 1 Same as above. with the City Permit Section 8.11, Subd. 8(A) Same as above. Obstruction of a parade. Unlawful driving between vehicles comprising a parade, when it is Section 8.11, Subd. 8(8). Same as above. in motion Entering parade without prior authorization of the parade chairman Section 8.11, Subd. 8(C) Same as above. Violations of Chapter 9 Illegal Parking in Public Park Sec. 9.02(S) Same as above. Parking of recreational vehicle in right of way for more than 12 Sec. 9.02, Subd. 2 Same as above. hours, or illegal occUPlllCY of recreational vehicle as IiviIg quarters. Stopping, parking or leaving a stlllding vehicle upon lilY street for a Sec. 9.06, Subd. 1 Same as above. continuous period in excess of 70 Hours. Restricted parking - snow removal Sec. 9.07, Subd. I Same as above. Unlawful vehicle repair on city street. Sec. 9.09 Same as above. Parking without permit Sec. 9.11, Subd. 7 $25 (In City Code) Violations of Chapter 10 For violations of Chapter 10, 1" Citation: $100 not specifically listed in this 2nd Citation\: $250 schedule. 3rd Citation: $500 4th & Subsequent Citation in 12 month period: $500 It is unlawful to park or store any unlicensed, unregistered or Sec. 10.01, Subd. I Same as above. inoperable motor vehicle, household furniture, furnishings or appliances, or parts or components thereof, or scrap metal, wood, glass, paper, rubber, concrete, or other material, whether organic or inorganic, on private property, unless such accumulation is stored within a lawfully operated junk yard, housed within a lawfully erected building, or in a container permitted, and the contents disposed of, under other provisions of the City Code. It is unlawful to permit, on premises to which the public has access Sec. 10.01, Subd. 2 Same as above. or may be exposed, any accumulation of food particles or other material causing discomfort to patrons, or disrepair of seating, floor covering, plumbing, heating or electrical facilities, or failure to maintain a reasonable standard of cleanliness and absence of noxious odors. Unlawful sale, handling, possession, manufacturing of a gun or Sec. 10.20, Subd. I Same as above. dangerous weapon. It is unlawful for any person to fire or discharge any cannon, gun, Sec. 10.20, Subd. 3 Same as above. pistol or other firearm, firecracker, sky rocket or other fireworks, air gun, air rifle, or other similar device commonly referred to as a B-B gun. It is unlawful for any person to sell, possess or have in possession Sec. 10.20, Subd. 5 Same as above. for the purpose of sale, except as allowed in Subdivision 4 of this Section, any firecrackers, sky rockets or other fireworks prohibited by State or F ederallaw. It is unlawful for any person, being the owner or in possession or Sec. 10.20, Subd. 6 Same as above. control thereof, to permit an unused refrigerator, ice box, or other container, sufficiently large to retain any child and with doors which fasten automatically when closed, to expose the same accessible to children, without removing the doors, lids, hinges or latches. It is unlawful for any person to shoot a bow and arrow except in the Sec. 10.20, Subd. 7 Same as above. Physical Education Program in a school supervised by a member of its faculty, a community-wide supervised class or event specifically authorized by the Director of Public Safety, or a bow and arrow range authorized by the Council. Unlawful Possession, Delivery or Purchase Sec. 10.21, Subd. 2 Same as above. Unlawful Procuring, Purchase, Delivery or Possession of a Sec. 10.21, Subd. 4 Same as above. prohibited drug. It is unlawful to intentionally cause death or any bodily harm Sec. 10.31, Subd. I Same as above. whatsoever to a police dog in the custody of a peace officer as defined in Minnesota Statutes, Section 626.84, Subdivision I, Subparagraph (c). It is unlawful to torture, torment, or otherwise and by any means Sec. 10.31, Subd. 2 Same as above. whatsoever, intentionally interfere with a police dog in the custody of or under control of a peace officer, as defined in Minnesota Statutes, Section 626.82, Subdivision I Subparagraph (c). It is unlawful for any person to keep <r harbor any animal, not in Sec. 10.32, Subd. 2 Same as above. transit, except (I) animals kept as part of a show licensed under the City Code, or, (2) animals used in a parade for which a permit has been issued, or, (3) animals kept in a laboratory for scientific or experimental purposes, or, (4) animals kept in an animal hospital or clinic for treatment by a licensed veterinarian. It is unlawful for any pelSon to transport animals unless they are (I) Sec. 10.32, Subd. 3 Same as above. confined within a vehicle, cage or other means of conveyance, or (2) restrained by means of bridles, halters, ropes or other means of individual restraint. It is unlawful for any person to treat any animal as herein defined, Sec. 10.32, Subd. 4 Same as above. or any other animal, in a cruel or inhumane manner. It is unlawful for any person to keep my animal as herein defined, Sec. 10.32, Subd. 5 Same as above. or any other animal, in any structure infested by rodents, vermin, flies or insects, or inadequate for protection against the elements. It is unlawful for any person to herd, drive or ride any animal over Sec. 10.32, Subd. 6 Same as above. and upon any grass, turf, boulevard, City park, cemetery, garden or lot without specific permission therefor from the owner. It is unlawful for any person to, by means of any device or Sec. 10.32, Subd. 7 Same as above. contrivance, catch, trap, snare, or restrain any animal. Provided, however, that the Director of Public Safety or Director of Public Works may waive the prohibition in this Subdivision for the purpose of abating nuisances. It is unlawful for any owner to; Sec. 10.33, Subd. 2 Same as above. A. Suffer or permit an animal to defecate upon public property, or the privlte property of amther, without immediately removing the excrement lIIII disposing of it in a sanitary manner. B. Suffer or permit an animal to be upon public property, or the private property of another, unless such animal is in the custody of a person of suitable age and discretion having in his possession equipment and supplies for excrement removal. It is unlawful for any person who dots not own, occupy, or control a Sec. 10.40, Subd. 2 Same as above. parcel of property within the City to throw or deposit litter, yard waste or woody yard waste on any such property. It is unlawful for any person to permit a public nuisance (i.e. a Sec. 10.50, Subd. 4 Same as above. diseased tree) as defined in Subdivision 3 to remain on any premises owned or controlled by that person within the City. Such nuisances may be abated in the manner prescribed by this Section. It is unlawful for any person to prevail, delay or interfere with the Sec. 10.50. Subd. 5 Same as above. City Tree Inspector or their ageJt(s) while they are engaged in the performance of duties imposed by this ordinance. It is unlawful for any person to lflply Graffiti to any natural or man- Sec. 10.53, Subd. 3(A) Same as above. made surface on any publicly or privately owned property without the owner's permission. Unless otherwise authorized by the owner or occupmt, it is Sec. 10.53, Subd. 3(8) Same as above. unlawful for any person to possess any Graffiti Implement while: 1. Within two hundred (200) feet of any Graffiti located in or on a public facility, park, playground, swimming pool, recreational facility, bridge, or other public building or structure owned or operated by a govermnentaI agen:y; or 2. Within two hundred (200) feet of any Graffiti located in any public place or on private property, between the hours of 10 pm and 5 am. It is unlawful for any person, i1 a public or private place, knowing, Sec. 10.60 Same as above. or having reasonable grounds to know, that it will, or wiD tend to, alarm, anger or disturb others or provoke any assallt or breach of the peace to conduct themselves in amanner which is described as disorderly under Sectim 10.60. Subdivision 1. Unlawful Defacement of Buildings or Grounds Sec. 10.61 Same as above. Subdivision 2. Unlawful Breach of Peace on Groullis Subdivision 3. Unlawful Offensive Language and Conduct Subdivision 4. Unlawful Improper Conduct Subdivision 5. Unlawful Occupying or Entering School Buildings Subdivision 6. Unlawful Loitering on School, Church or Public Property It is unlawful for any person or persms to congregate on lilY private Sec. 10.62, Subd. I Same as above. lands to disturb the peace. It is unlawful for any person or persms to congregate on lilY private Sec. 10.62, Subd. 2 Same as above. lands of another because of, or participate in, any party or gathering of people in the absence of the owner of said private lands being present, without first having obtained written permission from the landowner or other person il lawful possession of such private lands. A. Un]awful loitering by a milor. Sec. 10.63, Subd. 2 Same as above. B. It is unlawful for any parent, guardian, or other person having the legal care or custcdy of any minor to allow cr permit such minor person to be or loiter upm the streets or public places in violation of this Section unless such minor is accompanied by a parent or guardian. C. It is unlawful for any person operatilg, or in charge of, any place of amusement, entertainment or refreshment, or other place of business, to allow or permit any minor to be or loiter in such place in violation of this Section unless such minor is accompanied by a person of]awfu] age havilg such minor in charge. It is un]awful for any person to mlintain, operate, or be present Sec. 10.64 Same as above. upon, premises with knowledge that unlawful sexual intercourse, prostitution, un]awful sales of beer or liquor (as defined in City Code, Chapter 5) or unlawful sales of drugs or cmtrolled substances (as defmed in Minnesota Statutes, Chapter 152) are taking place thereon. It is unlawful for any person to take and carry away any goods, Sec. 10.65 If the purchase price of such goods, wares or merchandise, from any business establishment, with intent wares or merchandise is twenty-five to deprive the true and lawfu] owner thereof, and without paying the ($25.00) dollars or less the defendant, purchase Price therefor. upon conviction, shall be subject to a fine not to exceed two hundred ($200.00) dollars for the first offense. If the defendant has previously been convicted of shoplifting, theft or burglary, or if the purchase price of such goods, wares or merchandise exceeds twenty-five ($25.00) dollars the defendant, upon conviction, shall be punished as for a misdemeanor. It is un]awful for any person to park, keep, place or store, or permit Sec. 10.70, Subd. (2) ]st Citation: $]00 the parking or storage of, any stock car, racing car or junk car on a 2nd Citation\: $250 public street, or on any private lands or premises which such person 3rd Citation: $500 owns, occupies or controls for a period longer than twelve (12) 4th & Subsequent Citation in 12 month hours unless it is within a building on such private premises. period: $500 It is unlawful for any person to service, repair, replace parts, or do Sec. 10.70, Subd. (4) Same as above. any maintenance work on any vehicle on a public street, or on any private lands or premises unless it is within a building on such private premises. It is unlawfu] for any person to drive or operate a stock car or racing Sec. 10.70, Subd. (5) Same as above. car in the City. It is unlawfu] for any person to violate the provisions of Section Sec. 10.80 Same as above. 10.80 It is unlawful for any person to occupy any house trailer or mobile Sec. 10.81, Subd 2. Same as above. home as a dwelling or for sleeping accommodations or quarters. It is unlawful for any person to keep, maintain or operate a hotel or Sec. 10.82, Subd 2. Same as above. lodging house without a license therefor from the City. It is unlawful for any guest to keep, or any operator of a hotel or Sec. 10.82, Subd 5 Same as above. lodging house to permit keening, any wild or domesticated animal in any room therein. This Subdivision does not apply to trained seeing-eye, hearing-ear, or guide dogs, provided, that the guest is responsible for any dllTlage done by the dog. It is unlawful for any person to register in a hotel under a false or Sec. 10.82, Subd 6 Same as above. assumed name or to fraudulently misrepresent the number of persons occupying the accommodation It is unlawful for any person to register at any hotel in such manner Sec. 10.82, Subd 7 Same as above. as to incorrectly designate the number and names of other persons in the party who will also be occupying the room for which registration is being sought. It is unlawful for any person to violate the [City Park] regulations Sec. 10.83, Subd 3 Same as above. set forth in this Section. It is unlawful for any person to violate any provision of Section Sec. 11.60, Subd 13 Same as above. 11.60 - Floodplain Management Zoning Overlay. Violations of Chapter 11 For violations of Chapter II, Same as above. not specifically listed in this schedule. Violations of Chapter 12 For violations of Chapter 12, Same as above. not specifically listed in this schedule. SeeDaRS 2.21 tluaugh 2.29, melusive, Fesened faF future expaRsiaB.Chaoter 2. Section 21 entitled "Administrative Citations": Subdivision 1. PurDose The ouroose of this section is to orovide the oublic and the Citv of Golden Vallev with an informal. cost effective. and exoeditious alternative to traditional criminal chamed for misdemeanor violations and DettY misdemeanor violations of certain City Code orovisions. The City finds that such an alternative will have the effect of reducinQ: nuisance violations within the City. and orovide the City's law enforcement officials with an additional. effective enforcement tool. Subdivision 2. Administrative Offense Defined Administrative offense. An administrative offense is a violation of anv section. subdivision. oaraQ:faoh or orovision of the Golden Vallev City Code or ordinance excludinQ: anv misdemeanor or DettY misdemeanor which would be subiect to the Uniform Traffic Rewations Act in Chaoter 169 of the Minnesota Statutes. and is subiect to the oenalties identified in the City's administrative citations fee schedule. undated from time to time bv Council ordinance. An administrative offense is not a crime. Subdivision 3. Enforcement Any sworn oolice officer. deoartment head. anv desirnated city insoector. oublic work maintenance suoervisor. City EnQ:ineer. City ManaQ:er or other oerson emoloyed bv the City with authority to enforce City Code may. uoon determininQ: that there has been a violation of City ordinance or City Code. issue an order to correct and/or administrative citation to the violator. or oarty resnonsible for the violation. The administrative citation shall state the nature. location. date. and time of the violation. nrovide a citation to the section of the City Code violated. identify the official issuinQ: the administrative citation and the amount of the oenalty and where and when it must be oaid. state a brief descriotion of the aoneal nrocess. and reauired comoliance actions. if aoolicable. The administrative citation must also include notice that the [me stated in the administrative citation could become a lien on the orooertv if the violator fails to orooerlv and timelv resoond to the administratiye citation. Subdivision 4. ResDondinl! to an Administrative Citation A oartv who has received an administratiye citation must. within twenty davs after the administrative citation is issued. oay the oenalty amount set forth on the notice and satisfy anv outstandinQ: orders for comnliance within the notice of violation exceot as set forth below in this subdivision 4. The oenaltv may be oaid in oerson at City Hall or bv mail. PaYment shall be deemed an admission of the + violation and the City shall not brim! a criminal chan!e for such violation. Alternativelv. a DartY who has received an administrative citation may. within twenty davs after the administrative citation is issued. contest the administrative citation bv followimz the anneal Drocess set forth in Subdivision 9. Payment of an administrative citation shall not excuse the failure to satisfy anv comnliance orders referenced in the administrative citation and such navrnent shall not bar further enforcement activity bv the City for a continuim! violation. Subdivision 5. Failure to ResDond to an Administrative Citation In the event a Darty who has received an administrative citation fails to Day the nenaltv snecified on the administrative citation or reauest an anneal as set forth in Section 9 herein within twenty days of issuance of the administrative citation: a senarate administrative citation. a misdemeanor or a Detty misdemeanor charQe may be broulZht aQainst the Darty for failure to resnond. or alternatively. the City may charQe the initial violation as a Dettv misdemeanor or misdemeanor charQe. Unon issuance of a misdemeanor or DettY misdemeanor charQe for failure to resnond to an administrative citation. the administrative offense mocedure set forth in this chanter shall terminate. Failure to nav any charQe for an administrative offense as set forth in an administrative citation shall constitute (!founds for susnendinQ or revokinQ any license or nermit held bv the violators. Pronertv owners shall be notified in Sentember of each year bv U.S. Mail of any outstandinQ notices of administrative citations and that the fees contained in the notices. and any associated late fees. will be assessed aQainst the real monertv. if any. identified in the administrative citation. Thirtv days after mailinQ such letter. the Clerk shall file anv outstandinQ notices of administrative citations and snecial assessments aQainst each such nronertv which shall become liens on such lots or lands. This shall be an additional remedy and not in lieu of any other nenaltv nrovided for in City Code or state law. Subdivision 6. Maximum Penalty. The maximum amount of an administrative offenses nenaltv char Qed for a sinQle offense may not exceed the maximum fine authorized bv state law for misdemeanor offenses or the maximum fine authorized bv state law for an administrative nrocess. Subdivision7 . Ontional Procedure The City of Golden Vallev. in its sole discretion. may choose not to utilize administrative citations and may instead brinQ criminal charQes. In the event a nartv narticinates in the administrative citation nrocedures defined in this Chanter. but does not Day the monetary nenaltv imnosed and the DartY is not otherwise absolved of the administrative offense. the City of Golden Valley shall seek to collect the costs of the administrative offense nrocedure includinQ without limitation the City's attorney fees and cost as Dart of a subseauent criminal sentence in the event the Darty is charQed and is found QUiltv of the violation. 2- Subdivision 8. Disnosition of Penalties All nenalties collected nursuant to this section shall be naid to the City of Golden Vallev and denosited into the I!eneral fund. Subdivision 9. Anneals. 1. Rillht of anneal. Anv nerson al!rneved bv an administrative citation may anneal to the Council. Such anneals must be in writinl!. must snecifv the !!founds for the anneal. must be accomnanied bv a filinl! fee. and must be filed with the Clerk within twenty days after receint of the administrative citation. The filinl! fee shall be set bv the Council. Failure to file an anneal shall constitute a waiver of ril!hts to contest the administrative citation and the imnosition of the administrative nenaltv or nenalties. 2. Decision. Unon at least five business days notice to the annellant of the time and nlace for hearinl! the anneal. and within thirty (30) days after said anneal is filed. the Council shall hold a hearinl! thereon. at which the annlicant may annear and Dresent evidence as to why a comnliance order or administrative order. consistent with the administrative citation or any nortion thereof. should not be issued. The Council may reverse. modify. or affirm. in whole or in nart. the administrative citation and shall order return of all or Dart of the filinl! fee if the anneal is unheld. The Council may nostnone a meetinl! and hold a hearinl! at a later date. not to exceed sixty days after the anneal is filed. 3. Anv fine naid nursuant to this Section shall be refunded if it is determined. after an anneal hearinl!. that there was no violation as chamed in the administrative citation. The City will not be oblil!ated to reimburse for any costs undertaken nursuant to a comnliance order. even if it is determined. after an anneal hearinl!. that there was no violation as chamed in the administrative citation. Subdivision 10. Failure to Pav is Senarate Violation. Failure to nav a fee for an administrative offense as set forth in the administrative citation in a timely manner. either bv order of the Council. or unon losing: an anneal in the anneals nrocess described in Section 9 above. or within the twenty day deadline described in Section 4. shall constitute a senarate and additional violation of City Code. ~ Seetions 2.21 through 2.29, inelusive, reserved for future expansion. Sections 2.21 through 2.29, inclusive, reserved for future (ncpansion. Subdivision 1. Administrative Offense Processes for Violations of Chapter 1. City Code, Section 1.03 is hereby amended and restated in its entirety as follows: Violation a Misdemeanor or Petty Misdemeanor Every person violates a chapter, section, subdivision, paragraph or provision of this City Code when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof shall be punished as for a misdemeanor, ef as for a petty misdemeanor. or under the administrative citation orovisions orovided for in the Citv Code, except as otherwise stated in specific provisions herein, as set forth in the specific chapter in which the section, subdivision, paragraph or provision violated appears. Upon conviction for a crime, the actor may be convicted of either the crime charged if it is a misdemeanor, or a petty misdemeanor as an included offense necessarily proved if the misdemeanor charge were proved. 4 Subdivision 2. Chapter 2. Administrative Offense Processes for Violations of City Code, Section 2.14 is hereby amended and restated in its entirety as follows: Ifin a situation where there is no administrative citation. if any person shall be aggrieved by any administrative decision of the City Manager or any other City official, or any Board or Commission not having within its structure an appellate procedure, such aggrieved person is entitled to a full hearing before the Council upon serving a written request therefor upon the City Manager at least ten (10) days prior to any regular Council meeting. Such request shall contain a general statement setting forth the administrative decision to be challenged by the appellant. At such hearing the appellant may present any evidence the appellant deems pertinent to the appeal, but the City shall not be required to keep a verbatim record of the proceedings. Section 2.99 Every person violates a section, subdivision, paragraph or prOVISIOn of this Chapter when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor or shall be charlZed with an administrative offense under the administrative citation orocess set forth in Chanter 2. Section 21 of the City Code. except as otherwise stated in specific provisions hereof. ~ Subdivision 3. Chapter 3. Administrative Offense Processes for Violations of 1. City Code, Section 3.20, Subdivision 6(D) is hereby amended and restated in its entirety as follows: Unlawful Act. HAnv violation of anv nrovision of this Subdivision is a petty misdemeanor or an administrative offense subject to the nrovisions reQardinQ administrative citations set forth in Chanter. Section 21 of the City Code for any Person to violate any Pro'v'isionorovision of this Subdivision. II. City Code, Section 3.30, Subdivision 3(E) is hereby amended and restated in its entirety as follows: Any property with a sump pump found not in compliance with this~ Code but subsequently verified as compliant shall be subject to an annual re-inspection to confirm continued compliance. If that property is found not to be in compliance upon re-inspection, or any person refusingrefuses to allow their property to be re-inspected within thirty (30) days after receipt of mailed written notice from the City, or failing to furnish a certificate certifying compliance 'vVith this Chapter from a licensod plumber in a form acceptable to the City as described in subdivision 3, sections CD) and (C), that property shall be subject to a nonrefundable surcharge of fi'/e hundred ($500) dollars per month, to be imposed on oaeh se'1\.'er bill thereafter to that propmty until the noncompliance or refusal to allo'\-'.' entry is corrected. All properties found during any re inspection to have '{iolated this section shall be subject to a nonrefundable monthly surcharge that is double the previously charged sureharge. The nonrefundable surcharge for all properties which are not single family residential shall be one thousand ($1,000) dollars per month.then that nronertv owner shall have violated the Citv Code and shall be subject to an administrative citation under the orocess described at Chanter 2 Section 21 of the City Code cautioned "Administrative Citations." III. City Code, Section 3.30, Subdivision 4 is hereby amended and restated in its entirety as follows: The Director of Public Works is authorized to permit a property owner to discharge clear water into the sanitary sewer system. Prior to issuance of the permit the Director of Public Works must verify that the criteria to issue the permit have been satisfied. The fee for this permit shall be in an amount to be fixed by the Council and adopted by ordinance. The permit shall authorize such discharge only from November 15 to March 15, shall require the owner to permit an inspection of the property on March 16 or as soon thereafter as possible to determine that discharge into the sanitary e sewer has been discontinued and shall subject the owner to a five hundred ($500) dollar monthly non refundable surehargean administrative citation in the event the owner refuses an inspection or has failed to discontinue the discharge into the sanitary sewer. The non refundable chargeAnv fine assessed under the administrative citation nrovisions set forth in Chanter 2. Section 21 will commence with the April water billing and continue until the property owner establishes compliance with this section. A property owner is required to meet at least one (1) of the following criteria in order to obtain a permit: A. The freezing of the discharge from the sump pump, footing or foundation drain is causing a dangerous condition, such as ice buildup or flooding, on either public or private property. B. The property owner has demonstrated that there is a danger that the sump pump, footing or foundation drain pipes will freeze up and result in either failure or damage to the sump pump unit or the footing or foundation drain and cause basement flooding. C. The water being discharged from the sump pump, footing or foundation drain cannot be readily discharged into a city draintile or storm sewer system or other acceptable drainage system. Following ten (10) days written notice and an opportunity to be heard, the Director of Public Works may require the owners of the property to discharge their sump pump or footing or foundation drain into the sanitary sewer from November 15 to March 15 if the discharge is causing an icy condition on streets. Section 3.99 Every person violates a section, subdivision, paragraph or provIsion of this Chapter when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, or aids and abets another person in doing the same, and upon conviction thereof, shall be punished as for a misdemeanor or shall be charQed with an administrative offense under the administrative citation nrocess set forth in Chanter 2. Section 21 of the Citv Code. except as otherwise stated in specific provisions hereof. + Subdivision 4. Chapter 4. Administrative Offense Processes for Violations of 1. City Code, Section 4.20, Subdivision 15(A) IS hereby amended and restated in its entirety as follows: A. Administrative citationsCitations. -h- A fme for a violation of any provision of this Section may be assessed through an administrative citation, issued by the City Manager or hislher designee and payable directly to the City. under the nrocess described at Chanter 2 Section 21 of the City Code cantioned "Administrative Citations". 2. The Council shall establish by resolution the amount of the fine to be assessed for all administrative citations. These fines shall not exceed the maximum penalty for a misdemeanor violation under 8tat-e law; 3. Payment of any such fine shall not excuse the failure to correct the violation nor shall it bar further enforcement activity by the City. 1. i\ny fine paid pursuant to this Section shall be refunded if it is determined, after an appeal hearing, that there 'Nas no violation as charged in the administrative citation. 5. Payment for any administrative citation shall be due t\VCnty (20) days after its issuance. II. City Code, Section 4.31, Subdivision 9(A) is hereby amended and restated in its entirety as follows: A. A. Violation. Any violation of the proVIsIOns of this ordinance or failure to comply with any of its requirements shall constitute a misdemeanor or alternative Iv shall be charQed as an administrative citation set forth in Chanter 2. Section 21 of the Citv Code. III. City Code, Section 4.60, Subdivision W(C) IS hereby amended and restated in its entirety as follows: C. If the re-inspection reveals the violation has not been corrected as ordered, an administrative citation shall be issued to the offender. under Chanter 1. Section 21 of the City Code. A separate, additional violation occurs on each day that an offender is out of compliance with the RPMC. & IV. City Code, Section 4.60, Subdivisions 11 and 12 are hereby deleted, and Subdivisions 13 and 14 are hereby amended to renumber said Subdivisions to Subdivisions 11 and 12 respectively. Subdivision 11. AdmiBistrative CitatioBs A. .^...dministrati'le citations. 1. An administrative penalty or penalties [-or a ',iolation of the RPMC may be assessed through an administrative citation aeeording to the enforcement proceduro outlined in Subdi';ision 10 o[the RPMC, issued by the City Manager or designee. Such administrati'le penalty or pennlties shall be payable directly to the City. 2. The Council shall establish by ordinance the amount of the administrative penalty or penalties to be assessed for all administrative citations. These administrative penalty or penalties shall not exceed the maximum penalty for a misdemeanor '/iolation under State la'N. 3. Payment of any such administrative penalty or penalties shall not e~{Cuse the failure to correct tbe ':iolation nor shall it bar further enforcement activity by the City. 1. ,^..ny administratiye penalty or penalties paid pursuant to the RPMC shall be refunded if it is determined, after an appeal hearing, that there was no violation as charged in the administrative citation. 5. Payment for any administrative citation shall be due twenty (20) days after its issuance. B. Content. .'\11 administrative oitations shall contain the follo'lJing: 1. The dat-e of the vio iation; 2. The address or a definite description of the location where the violation occurred; 3. The name, address, and other identifying information for the person being eiteffi , 1. The provisions of the RPMC violated and a description of the ',iolation; 5. The administratiye penalty or penalties schedule for the violation; 9 6. A description of ho\v, when, and .."here the administrative penalty or penalties must be paid; 7. A brief description of the appeal process; 8. Thename and signature of the citing enforcement official. C. Recovery of administrative penalty or penalties resulting from administrative citation. Property ovmers shall be notified yearly by U.S. Mail of any outstanding administrative citations and that such citations v/ill be assessed against the property. Thirty (30) days after mailing such letter, the Clerk shall file any outstanding administrative citations 00 special assessments against eaoh such property 'vYhich shall become liens on such lots or lands. This shall be an additional remedy and not in lieu of any other penalty provided for in City Code or state lav..... D. Failure to pay administrative citation. 1. /\11 Residential Property Owners. Failure to pay any administrative citation shall constitute grounds for suspending or re'v'oking any license or permit held by the offenders. 2. Multiple D'Nelling Properties. Failure to pay an administrative citation shall constitute a se-parate, additional violation of City Code. Subdivision 12. Appeals A. Right of appeal. f..ny person aggrieved by a compliance order or administrative citation may appeal the compliance order or administrative citation to the Council. Such appeals must be in \vriting, must specify the grounds f-or the appeal, must be aocompanied by a filing fee, and must be filed ',,'lith the Clork vv'ithin ten (10) business days after service of the compliance order or administrative citation. The filing fee shall be set by the Council. Failure to file an appeal shall constitute a waiver of rights to contest the compliance order or administrative citation and the imposition of the administrati'/e penalty or penalties. B. Decision. Upon at leMt fi'le (5) business days notice to the appellant of the time and place for the hearing the appeal, and within thirty (30) days after said appeal is filed, the Council shall hold a hearing thoreon, at '1lhich the applicant may appear and present evidence as to why the compliance order or administrative citation, or any portion thereof, should not be issued. The Council may reverse, modify, or affirm, in whole or in part, the administrative order or compliance order and shall order return of all or part of the filing fee if the appeal is upheld. The Council may postpone a meeting and hold a hearing at a later date, not to exceed sixty (60) days after the appeal is filed, .....hen it is necessary to do so. Subdivision 13. Transfer of Ownership .w Anyone securing an interest in the dwelling or dwelling unit which has received a citation or compliance order shall be bound by the same without further service of notice and shall be liable for all penalties and procedures under this Chapter. Subdivision t4.12... No Warranty by City By enacting and undertaking to enforce this Section of the City Code, neither the City nor its Council, agents, or employees warrant or guaranty the safety, fitness or suitability of any dwelling in the City and any representation to the contrary by any person is a misdemeanor. Owners or occupants should take whatever steps they deem appropriate to protect their interests, health, safety and welfare. In the case of licensed rental property, a warning in substantially the foregoing language shall be printed on the face of the license. Section 4.99 Every person violates a section, subdivision, paragraph or proVISIon of this Chapter when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, or perfonTIs an act prohibited or declared unlawful or fails to act when such failure is prohibited or declared unLawful by a Code adopted by reference by this Chapter, and upon conviction thereof, shall be punished as for a misdemeanor or shall be char2:ed with an administrative offense under the administrative citation nrocess set forth in Chanter 2. Section 21 of the City Code. except as otherwise stated in specific provisions hereof. H Subdivision 5. Section 5.99 Every person violates a section, subdivision, paragraph or prOVISIon of this Chapter when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor or shall be char2:ed with an administrative offense under the administrative citation nrocess set forth in Chanter 2. Section 21 of the City Code. except as otherwise stated in specific provisions hereof. +2- Subdivision 6. Chapter 6. Administrative Offense Processes for Violations of City Code, Section 6.03, Subdivision 4 is hereby amended and restated in its entirety as follows: The Council may, for any reasonable cause, refuse to grant any application, or revoke or suspend any license, or where allowed, levy an administrative fme,:, thromrh an administrative citation in accordance with the nrocedures described at Chanter 2. Section 2.21. No license shall be granted to a person of questionable moral character or business reputation. Before revocation or suspension of any license or before imposition of an administrative fee thromrh an administrative citation, the Council shall give notice to the licensee and grant such licensee opportunity to be heard. Notice to be given and the exact time of hearing shall be stated in the resolution calling for such hearing. The Department of Public Safety shall provide the Council with a report on compliance and illegal conduct by the applicant. Grounds for revocation or suspension may be, but are not limited to, any of the following: A. That the licensee suffered or permitted illegal acts, or acts prohibited under Chapter 6 of the City Code, upon the licensed premIses; B. That the licensee had knowledge of such illegal or prohibited acts but failed to report the same to police; C. That the licensee failed or refused to cooperate fully with police in investigating such alleged illegal or prohibited acts; or, D. That the activities of the licensee created a serious danger to public health, safety, or welfare. Section 6.99 Every person violates a section, subdivision, paragraph or provlSlon of this Chapter when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor or shall be chanred with an administrative offense under the administrative citation orocess set forth in Chanter 2. Section 21 of the City Code. except as otherwise stated in specific provisions hereof. H Subdivision 7. Chapter 7. Administrative Offense Processes for Violations of I. City Code, Section 7.04, Subdivision 2 is hereby amended and restated in its entirety as follows: Visibility shall be maintained at all street intersections. No person shall erect, construct, plant, nurture or maintain any building, structure or vegetation, except low lying plants and grasses in the corner visibility zone without the appropriate right-of-way permit to do so. Existing trees, shrubs and grasses must be maintained to provide, as determined by the Director, clear lines of sight through the corner visibility zone. This clear line of sight is generally considered to be between thirty (30) inches above the gutter line and eight (8) feet above the gutter line. The corner visibility zone is considered that area between the edge of pavement of intersecting streets and a line adjoining points on such lines forty-five (45) feet distant from their point of intersection, or in the case of a rounded corner, point of intersection of the tangents at the end points of the curve. Upon information that any person is in violation of this Chapter, the Director shall give written notice to have the items restricting visibility removed. If after receiving written notice to remove the items restricting visibility, the person fails to remove the offending object within the time specified in the notice, not less than ten (10) days, the Director shall either remove the offending objects with City forces or cite the monertv owner for an administrative offense under the administrative citation nrocess set forth in Chanter 2. Section 21 of the Citv Code. All costs associated with this removal shall be billed to the property owner responsible for the obstruction. If the bill is not paid within thirty (30) days of the invoice date, the unpaid costs may be assessed against the property pursuant to Minnesota Statutes, Chap. 429. II. City Code, Section 7.20, Subdivision 2 is hereby amended and restated in its entirety as follows: If the Director determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit, the Director shall make a written demand upon the permittee to remedy such violation and mav cite the nermittee for an administrative offense under the administrative citation mocess set forth in Chanter 2. Section 21 of the City Code. The demand shall state that continued violations might be cause for revocation of the permit. A substantial breach, as stated above, will allow the Director, at its discretion, to place additional or revised conditions on the permit to mitigate and remedy the breach. -l4 III. City Code, Section 7.29 is hereby amended and restated in its entirety as follows: Section 7.29: Appeal A right-of-way user that: A) has been denied registration; B) has been denied a permit; C) has had ~ermit revoked; or D) believes that tlwanv fees imposed. other than fees assessed under an administrative citation issued under Chanter 2. Section 21 of the City Code are invalid, may have the denial, revocation, or fee imposition reviewed, upon written request, by the City Council. The City Council shall act on a timely written request at its next regularly scheduled meeting. A decision by the City Council affirming the denial, revocation or fee imposition will be in writing, and supported by written findings establishing the reasonableness of the decision. A riQht-of-wav user that wishes to anneal a fee assessed under an administrative citation issued under Chanter 2. Section 21 of the Citv Code mav do so under the nrocess set forth in Chanter 2. Section 21. Subd.. 10 of the City Code. Section 7.99 Every person violates a section, subdivision, paragraph or proVIsIon of this Chapter when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor expector shall be charQed with an administrative offense under the administrative citation nrocess set forth in Chanter 2. Section 21 of the City Code. excent as otherwise stated in specific provisions hereof. ~ Subdivision 8. Administrative Offense Processes for Violations of Chapter 8. I. City Code, Section 8.02, Subdivision 2 is hereby amended and restated in its entirety as follows: It is a misdemeanor or alternativelv an administrative offense. which mav be charl!ed under the administrative citation nrocess set forth in Chanter 2. Section 21 of the City Code. for any person to do any exhibition driving on any street, parking lot, or other public or private property, except when an emergency creates necessity for such operation to prevent injury to persons or damage to property. II. City Code, Section 8.10, Subdivision 1 is hereby amended and restated in its entirety as follows: Visibility from the street of all street signs and traffic control devices shall be maintained. It is a misdemeanor or alternativelv an administrative offense. which mav be charl!ed under the administrative citation nrocess set forth in Chanter 2. Section 21 of the City Code. for any person to erect, place, plant, grow, nurture, or maintain, any tree, shrub, vegetation, building, structure, fence, ornament, or other object which obstructs the visibility of any street sign or traffic control device in the sight line running from any point in or along the street within 100 feet of such sign or traffic control device to the sign or traffic control device. III. City Code, Section 8.11, Subdivision 1 is hereby amended and restated in its entirety as follows: Subdivision 1. Permit Required It is a misdemeanor or alternativelv an administrative offense. which mav be charl!ed under the administrative citation nrocess set forth in Chanter 2. Section 21 of the City Code. to sponsor or participate in a parade or special event for which no permit has been obtained from the City. It is also a misdemeanor or alternativelv an administrative offense. which mav be charl!ed under the administrative citation nrocess set forth in Chanter 2. Section 21 of the Citv Code. to obtain a parade or special event permit and not conduct the same in accordance with the permit granted by the City. VII. City Code, Section 8.99 is hereby amended and restated in its entirety as follows: Section 8.99: Violation a Misdemeanor or Petty Misdemeanor -l-6 Every person violates a section, subdivision, paragraph or provision of this Chapter when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as follows: Subdivision 1. Where the specific section, subdivision, paragraph or proVIsIon specifically makes violation a misdemeanor or an administrative offense, such person shall be punished as for a misdemeanor or for an administrative offense under the administrative citation nrocess set forth in Chanter 2. Section 21 of the City Code; where a violation is committed in a manner or under circumstances so as to endanger or be likely to endanger any person or property, such person shall be punished as for a misdemeanor; where such person stands convicted of violation of any provision of this Chapter, exclusive of violations relating to the standing or parking of an unattended vehicle, within the immediate preceding twelve (12) month period for the third or subsequent time, such person shall be punished as for a misdemeanor", Subdivision 2. As to any violations not constituting a misdemeanor under the provisions of Subdivision 1 hereof, such person shall be punished as for a petty misdemeanor or for an administrative offense under the under the administrative citation nrocess set forth in Chanter 2. Section 21 of the City Code. excent as otherwise stated in snecific nrovisions hereof. Subdivision 3. As to any violation of a provision adopted by reference, such person shall be punished as specified in such provision, so adopted. H Subdivision 9. Chapter 9. Administrative Offense Processes for Violations of I. City Code, Section 9.99, Subdivision is hereby amended and restated in its entirety as follows: Every person violates a section, subdivision, paragraph or provision of this Chapter when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as follows: Subdivision 1. Where the specific section, subdivision, paragraph or provlSlon specifically makes violation a misdemeanor, such person shall be punished as for a misdemeanor; where a violation is committed in a manner or under circumstances so as to endanger or be likely to endanger any person or property, such person shall be punished as for a misdemeanor; where such person stands convicted of violation of any provision of this Chapter, exclusive of violations relating to the standing or parking of an unattended vehicle, within the immediate preceding twelve (12)-month period for the third or subsequent time, such person shall be punished as for a misdemeanor excent as otherwise stated in snecific nrovisions hereof. Subdivision 2. As to any violation not constituting a misdemeanor under the provisions of Subdivision 1 hereof, such person shall be punished as for a petty misdemeanor or shall be charQed with an administrative offense under the administrative citation nrocess set forth in Chanter 2. Section 21 of the Citv Code. excent as otherwise stated in snecific nrovisions hereof. Subdivision 10. Chapter 10. Administrative Offense Processes for Violations of 1. City Code, Section 10.52, Subdivision 4 is hereby amended and restated in its entirety as follows: Any person violating this section shall be guilty of a petty misdemeanor", Dunishable which shall be nunished as for a Dettv misdemeanor or under the administrative citation orocess set forth in Chanter 2. Section 21 of the City Code. II. City Code, Section 10.53, Subdivision 7 is hereby amended and restated in its entirety as follows: +& "^... Administrative Citations. -:h-A fine for a violation of any provision of this Section may be assessed through an I\.dministrative Citation, issued by the City Manager's designee and payable directly to the City. 2. The Council shall establish the amount of the fine to be assessed for all Administrative Citations. These fines shall not exceed the maximum penalty f-or a misdemeanor violation under State law. 3. Payment of any such fine shall not excuse the failure to correct the violation nor shall it bar further enforcement acti'/ity by the City. (I. Any fino paid pursuoot to this Section shall be refundod if it is detormined, after an appeal hearing, that there was no violation as charged in the Administrative Citation. 5. Payment for any f~dministrative Citation shall be due twenty (20) days after its issuance. B. Content. "^..ll Admimstrative Citations shall contain the following: 1. The date of the violation; 2. The address or a definite deseriptioFl of the location 'shere the 'Iiolation occurred; 3. The name, address, and other identifying information f-or the person being eited; 4. The provisions of this Section violated and a deseription of the yiolation; 5. The fine schedule f-or the violation; 6. A description of how, \vhen, and ',"",here the fine must be paid; 7. "\ brief deseription of the appeal process; 8. The name and signature of the citing City Manager's designee. C. Reco':ery of fine resulting from f..dministrative Citation. Property owners shall be notified yoarly by U.S. Mail of any outstanding "\dministrative Citations and that such citations '.vill be assessed against the property. Thirty (30) days after mailing such letter, the Clerk shan file any outstanding Administrative Citations as special assessments against each such property '.vhich shall become liens on such lots or -l-9 lands. This shall be an additional remedy and not in lieu of any other penalty provided for in City Code or State law. D. Failure to pay Administratiye Citation. Failure to pay an Administrative Citation shall constitute a separate, additional violation of City Code. E. Cost reoo';ery. The OViller of property on which a nuisance has been abated by the City, or a person who has caused a public nuisance on property not o'.vned by that person, is personally liable to the City for the cost of the abatement, including administratiye costs. As soon as the ,<,;ork has been completed and the cost determined, an appropriate otlicial will prepare a bill for the cost and mail it to the o'.vner or other responsible party. The amount is immediately due and payable to the City.administrative citation under the nrocess described at Chanter 2 Section 21 of the Citv Code cantioned "Administrative Citations". III. City Code, Section 10.53, Subdivision 8 is hereby amended and restated in its entirety as follows: A.-A. Any violation of this Section is a misdemeanor, punishable in accordance '.'lith State lawbv nerformance of an act therebv nrohibited or declared unlawful. or failure to act when such failure is therebv nrohibited or declared unlawful. and unon conviction thereof. shall be nunished as for a misdemeanor or under the administrative citation nrocess set forth in Chanter 2. Section 21 of the Citv Code. excent as otherwise stated in snecific nrovisions hereof. Ih-B. This Section is not intended to prohibit a private property owner from seeking additional penalties or remedies. V. City Code, Section 10.70, Subdivision 7 is hereby amended and restated in its entirety as follows: Every person violates a section, subdivision, or provision of this Chapter when such person performs an act thereby prohibited or declared unlawful, or performs an act prohibited or declared unlawful or fails to act when such failure is prohibited or declared unlawful by a Code adopted by reference by this Chapter, and upon conviction thereof, shall be punished as for a misdemeanor or under the administrative citation nrocess set forth in Chanter 2. Section 21 of the Citv Code. except as otherwise stated in specific provisions hereof. VI. City Code, Section 10.99 is hereby amended and restated in its entirety as follows: Every person violates a section, subdivision, paragraph or provision of this Chapter when such person performs an act thereby prohibited or declared ;w unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, or performs an act prohibited or declared unlawful or fails to act when such failure is prohibited or declared unlawful by a Code adopted by reference by this Chapter, and upon conviction thereof, shall be punished as for a misdemeanor or under the administrative citation nrocess set forth in Chanter 2. Section 21 of the City Code. except as otherwise stated in specific provisions hereof. u Section 11.99 Every person violates a section, subdivision, paragraph or provlSlon of this Chapter when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor or shall be char!!ed with an administrative offense under the administrative citation nrocess set forth in Chanter 2. Section 21 of the City Code. except as otherwise stated in specific provisions hereof. Section 12.99 Every person violates a section, subdivision, paragraph or provlSlon of this Chapter when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor ill: shall be char!!ed with an administrative offense under the administrative citation orocess set forth in Chanter 2. Section 21 of the City Code. except as otherwise stated in specific provisions hereof. C:}J . "Gold alley Memorandum Park and Recreation 763-512-2342/763-512-2344 (fax) Executive Summary Golden Valley Council/Manager Meeting March 9, 2010 Agenda Item 2. Hennepin County Youth Sports Program Grant Application Resubmittal Prepared By Rick Jacobson, Director of Parks and Recreation Summary With the recent release of information regarding applications for the first cycle of the 2010 Hennepin Youth Sports Program Grants totaling $2.4 million, the Open Space and Recreation Commission (OSRC) at its March 1 meeting, unanimously passed a motion recommending to the Council to resubmit the grant proposal which if funded, would allow for the construction of two additional fields at the Honeywell Little League site. Representatives from the OSRC, Little League, and staff will be present to discuss the recommendation with the Council, and the feasibility of having it included in the first grant cycle of 2010, which is due March 29, 2010. Attachments Hennepin County Youth Sports Program Grant Application (17 pages) ~: ~ t t r t.. , r _ ., ~ !, "- i" t ' t' or L Hennepin County Youth Sports Program Grant Application Submitted November 2, 2009 ~j: '\ " .!., '::~ ~'f . : HENNEPIN COUNTY YOUTH SPORTS PROGRAM GRANT t. " ,'" > _ . (. I ~ ~ _ Contents I. Resolution of Support - Golden Valley City Council....................................................................... 2 II. Geographic Location Regional Map..................................................................................................................................... 3 Local Map.......................................................... ........................................................... ......................4 III. Site Plan ...... ... ...... .... ............ ...... ............................... ................. ....... ....... ................... ........... ............5 IV: Environmental Intrusion Statement... ..... ........ ...... ......... .......... ....... .......... ..... ............ ............... ....... 6 Economic Impact V. Agreements and Arrangements.. ....... ..... ............... .......... ....... ............. ..... .......... ............................... 7 VI. Operations and Maintenance Statements ......................... ................................. ............................... 8 VII. Comprehensive Plan Compatibility.......................... ...... ................ ..... ..... ...................... ................. 9 VIII. Estimate of Users .................... ......... ...... ............................ ...... ........................................... ..... .........11 IX. Matching Funds....... .......... ..... ..... .................... ..... ....... .................... ........ ........... ............................ ..12 X. Project Budget.. ................. ............ ...... ....... ....... ............... .......... .................... ....... ........ ................. ..13 XI. Timeline . ...... ....... ... ............ ........ .......... ....... ........ ....... ............ ..... ....... ........ ..... ......... ........ ............. ....15 XII. Application Form ....... ................. ..... ........ .................................... ..................... ...... .................. .......16 Appendix :", , '.:~ ~" CITY 01: GOLDEN VALLEY ....,. GOLDEN VALLEY LITTLE LEAGUE ' , - <, :.",. HENNEPIN COUNTY YOUTH SPORTS PROGRAM GRANT PAGE 2 \i!-, '., ~;.' "" f.~:', . 1. R esoI ution Resolution 09-56 October 20, 2009 Member Pentel introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION FOR HENNEPIN YOUTH SPORTS PROGRAM GRANT WHEREAS, Hennepin County, via its Youth Sports Grant Program, provides for capital funds to assist local government units of Hennepin County for the deveopment of sports or recreation facilities; and WHEREAS, the City of Golden Valley desires to develop the Honeywell Field Expansion for the purposes of construction of ballfields; NOW. THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley: 1. The estimate of the total cost of development the Honeywell Field Expansion shall be $467,500 and the City of Golden Valley is requesting $400,000 from the Hennepin County Legacy Grant program and will assume responsibility for a match requirement of $67,500. 2. The City of Golden Valley agrees to own, assume one hundred (100) percent of operation costs for the Honeywell Field Expansion. and will operate the Honeywell Field Expansion for its intended purpose for the functional life of the facility. 3. The City of Golden Valley agrees to enter into necessary and required agreements with Hennepin County for the specific purpose of constructing a sport or recreational facility and long-term program direction. 4. That the City Manager and/or Director of Parks and Recreation is authorized and directed to execute said application and serve as official liaison with Hennepin County or its authorized representative. X(JM~ 'j(.X~. Linda R. Loomis, Mayor ATTEST: l&Mm lfh. tJ~ Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel and Scanlon; and the following voted against the same: Shaffer, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. ,. ".:' .~,~-.,.. J ' f~: ,~~. ';"~~~,: " CITY OF GOLDEN VALLEY ~ GOLDEN VALLEY LITTLE LEAGUE : , ",1' ~- : ~ , . ~ . ,1' , , . ..'~ .HENNEPIN COUNT'): YOUTH SPORTS PROGRAM GRANT PAGE 3 ~ ~;~'.~.~:~~:'-'.c ;l,~1.1~ . _ ... - " ' .. J . ~ ~;6'~ \ ,\1 r-rJ"dIeY ,; :../, I \ ~ ent\or \ - I J I@!.. -:\ \- - \"' !/: ~~ \." \T';"l' La"ro. . <b# \ ~ \. · 100 \. l. .'~ I '\ . , I r Columbia , ..' " Heights , '-.... I I ~HOOde 169' :42na/",,,N - Crystal Ob~i~Sdal~ ( , : I ~~. \ \ C~~. ; ,~, GelfC~e' I } ~ . '36:h"JW"\ I i "o~ 1 ,,,,'\ \ _ I 11.." (. , 1- 'RjYlT!oulh', · _ f@ . \ M~;:e , _ _F _ \ <., , _ ", - v ~ / '--- L 5~ \-, I '\. Medlclrie I:J> The-odore W6th / .. Lake, Golde(! Vlolcy" s:. Go~,COUn.o "' I '" _ ---.../ '" , Co~ry c,<o ' ~ " _ I ~ 169 . .... /-j "55' :J~ ~ ~ \ ~ A ... r '1~'" ~ ~- ~, ---. ~ ' -.-,- - I " :;X ~ J .6roo."cw ( \ "rh ~ cotY C1U:: . ' t':. Plllk I , X "'Jf~~~,.\ "~rr'.\\ltlw.-d \ /, ~' 12 ~ . - ~ r(~ . :, .. l ./ ~ -~ ,. 52.... "- i -Urneapollll ,) , ,hv;J I j I I c. ~ CILb I , l ,Ceda, U.e ( I I II "/1 .~~ ~ ,. I r100Q)~_L ~~ t' / SI Louisl " / I Calhoun :' " -;, r ...... Park \.; 100, b . I 0.. IWgo ~.- i' . - ... "' '8" j Mn1cahCla N ' , j cO~Y~_ -.;!/. .~ I Go4'Co-.no. ~ ~-- - ~ ,.c.CW' I , Q: /~ Cl,..,r ~--. .....~ ~,.". ~ft _ ---" _ _ II. Cieographic Location - Regional Map .....~... /'.' 1:--'\ . U ) The Honeywell Youth Field Expansion Project ("Project") is located in the City of Golden Valley at 7101 Sandburg Road. Golden Valley is a dynamic community with a population of 20,281 citizens. Golden Valley is a thriving first-ring suburb of Minneapolis bordered by the communities of Robbinsdale, Crystal, Plymouth, New Hope and St. Louis Park. ;' I ,./ b, [Ii , I lLf-,,', " , "\>d',: \ ,!' Maple I Grove '. I ~! T '. 'Ellgle LD~e '1 I ., oOd 47 , " '- - ~ ;--- eaM L.k~ .., a i !> z z ~ \ 0 ~ .%' SCf\,.vd! <. ~;Ra <l~A.....N I New Hope - I I I I - W361l'lSI- I C:, - -lJ ! ""4- /' ./ \.....,-~~.. / t J I ! HIlltop I \ I E 38~ 51 - 1.... ';,' CITY 01: GOLDEN VALLEY .....,.. GOLDEN VALLEY LITTLE LEAGUE : ~.,. r,o; {" , . ;-, < .< :';,H~~r:-:E~IN ~OU~TY YOUTH SPORTS PROGRAM GRANT PAGE 4 ""_ ~ _ j ~ . :t; .. . } 1 Geographic Location - Local Map The Project is located in Honeywell Park ("Park"). The Park was acquired by the City of Golden Valley ("City") from Honeywell, Inc. in 1999 and is approximately 11 acres in size. Along with land still owned by Honeywell, Inc., the Park is bordered by and accessed from Sandburg Road. Highway 169 is 1.5 miles to the west and Highway 100 is less than 1 mile to the east. - - I! ~:'E. ~~, aJ ;:~ ._ ..; ,!:" ~ 1JI .;! r.- _;j :"":'1 _ ~~ ;.,..~ ~ ~~ ; -i, .&=: -.~A .... """ ...,~~-, : ~! I .; I D .1 .-. ( i - tt: . - - ~" ...... .. - - '-i; . .... .... "'1l ..~ !!t' .~ - /1f J'I l;l C . - -:.. - -J '" -,.., = oj "1'J ~ - ~ , . , I Ie -"Ir. - ;'A:f, , ~. '-~11 - . -~ r _ r. . ..... ~_ . "~J ~I ..... .. - -... :I . ... - -~, :t'!! K. ~ - ""1 - r.- iit ........ ~ ,... ~ ~:tl :.1 'C - ...- -=-~ =r ~ . . or. ... ... ... , iii: '"ii~ i:~,. is' ~ .. ..~ co - .. ' ~... .. " ... ... '"' s%I -~ ..... =- .~~ - ...- -- ,. b: wi ... . . - i - .., -';' .!; - ':IE ; .., - "I ... .. -- rr - ~ ;: -r. ,. '""= - - .. ~ "'Yi .. I~ .. .,.. .. <-.t: ~: .. ! . '. CITY OF GOLDEN VALLEY ..,... GOLDEN VALLEY LITTLE I,EAGUE '; ~ . - - . . . l- .' . !.,HENNE~IN COUNTY YOUTH SPORTS PROGRAM GRANT PAGE; ; t1~'~~;\'~:.'~ . '"' ' , , I II. Site Plan Honeywell Youth Field Expansion Project I J Acres (Including existing ballfield) The relocation of the monitoring well and the location of the storm water pond location will be determined in the final site plan. A larger version of this site plan is available in Appendix Section A-I. 6 ~ October 14, 2009 . " . -- ---~.r-- ..~J ... I jROAC r ~ '!!z -~~ }5~": &iClZt u~::: St.. ~s~ i~:: \. a'Wide Paved Pedestrian Path Bullpen ~.,:,1& ~ "- ~ ") ~ $1 Bullpen '. J I Bullpen 12'Wi e Pave Vehicl Path Existing _.{ _' I Trees y--.{" , (t' ~ ]i'lI J '. \: ' I . ..~ ~ .,:.. . . CITY OF GOLDEN VALl.EY ....,... GOLDEN VALl.EY LITTLE LEAGUE : , .' .'. l :.. ,~HENNEPIN COUNTY YOUTH SPORTS PROGRAM GRANT PAGE 6 I .~/'~~~'11~",':~ .~~.t ~ .~ . " .: T',z EnVIlonmental I)ltrusion Statement The proposed Project will result in the construction of two additional youth baseball fields to the south of the Park's existing youth baseball field. The existing field will remain intact and the scope of the Project is limited to construction on the southern portion of the Park property which is currently not being used. This area of the Park is currently consisting of an abandoned parking lot that was once used by Honeywell, Inc. A mixture of vegetation has overgrown this portion of the Park, including tall grasses, various weed mixtures, buckthorn, and various other debris that has accumulated on the site, including chunks of cement, asphalt, and boulders. This portion of the Park is currently not being utilized and the Project can greatly enhance the Park setting. Intrusions for the construction on the portion of the Park subject to the Project will include the following: 1. Site preparation: including grading, soil and brush removal. 2. Installation of an automatic irrigation system. 3. Addition of fencing, including for backstops, outfield, dugouts, and bullpens. 4. Reuse and relocation of the Park's existing batting cages to accommodate a service and pedestrian path within the Park. 5. Service and pedestrian path construction for accessibility to the Park's amenities. 6. Installation of conduit for the Project's future electrical needs. 7. Relocation of monitoring well maintained by Honeywell, Inc.. 8. Construction of a pond to provide a permanent pool allowing for storage of storm water runoft: 9. Parking agreements are being arranged by Little League for long term parking using adjacent parking lots. If such agreements can not be secured, on site parking may need to be addressed. Mitigation statements for each environmental intrusion: 1. The site preparation will be done using all necessary erosion control barriers and will include appropriate draining and soil mixtures. 2. The irrigation system will conform to required industry standards and will provide necessary irrigation to the atWetic fields. 3. Fencing will be minimized to the extent possible using 4 foot high outfield and foul ball fence lines to lessen the visual impact on the Park. 4. The Park's existing batting cages will be relocated and reused with the previous location being re- graded and seeded. 5. The addition of the service and pedestrian path will conform to all required city codes and standards. Along with the addition of this surface and removal of an overgrown parking lot, the Project will include creation of a storm water mitigation pond. This pond will provide for storage of storm water runoff from the Park. The Park currently has no such storm water mitigation measures. The location of this pond will be determined by a licensed engineer with the design of the final site plan. 6. Electrical conduit will be installed during construction of the Project to accommodate any future electrical needs. This installation will be performed in compliance with all applicable state and local codes and standards. 'r~ -.. --... -j~~ ~ ~ -. - . \ . ~ . - . ,." CITY OF GOLDEN VALLEY ~ GOLDEN VALLEY LITTLE LEAGUE .j . . . J A.. .~.-' ., ~\i:-:~' ~....:. ~! t) ~, ,;~{., ':,~, . .;', } ... . . .. r~ ,~ Iff ... - V. Agleements and Alrangements The City and Little League have a 54 year history of providing youth baseball programs, In 2001, the City and Little League entered into a twenty year lease agreement for the special use area affected by this project. The City intends to honor the current agreement, and upon receiving the funds requested for the project, will enter into a new agreement allowing for continued, Jong- term usage of the facility for boys and girls youth baseball programs. A copy of the current lease agreement between the City and Little League is located in Appendix Section A-II. [f;~' ~".: " CITY 01: GOLDEN VALLEY ~. GOLDEN YALLEY LITTLE LEAGUE" , ': ~~ '-;.." .(- ~-' ," ~ ~ J 1;~.; .'~~~~.EPIN COUXTY YOU~H SPORTS PROGRAM GRANT PAGE S : "":.:Ill; .;:.:... "'~'....'~ f . ! \'1. Opel ations and M (1 inteIlance Statements The City will continue its responsibility for the operations and maintenance of the Park during and following the Project's improvements. The Park will be operated under the Parks & Recreation and Public Works Departments and field maintenance will be supervised by the Park Maintenance Supervisor. Ongoing Park maintenance will be done through the Parks Maintenance Department ("Maintenance Department"). Staff time and resources will be allocated to allow for proper mowing, fertilization, irrigation, and other necessary maintenance functions that ensure the long term success of the Parks existing and proposed facilities. Park funds will be provided through the annual operating budget for the Maintenance Department along with long term capital improvement plans. Staff estimates the cost of ongoing maintence, including fertilization, seeding, mowing, etc., to cost approximately $5000 per field annually. These budgets are approved by the Golden Valley City Council. In addition to city staff, the Golden Valley Little League ("Little League") has secured members of its organization to partner with the Maintenance Department in providing Park maintenance when needed or necessary. Such involvement will be at the direction and discretion of the Maintenance Department. It is contemplated that Little League will take a more active role in the maintenance of the Park, including but not limited to weekday evening and weekend maintenance. As is the case with all City of Golden Valley parks, this Park will be available to the public during all hours except those hours that are dedicated to Little League. These fields are expected to be heavily used not only by residents of Golden Valley but by those in the surrounding community from April through October each year. ~, , , . '<,...;' ~\( . f'1l" ',,"" . ' 1 ~t~)~: .:',~_~~~~,\IN CO~.~T.Y YOUTH SPOR!S PROGRAM GRA~~. PAGE 9 j \'11. Conlprehensive Plan COJnpalibility The Project is consistent with the applicable goals and policies of the City's Comprehensive Plan. Specifically, the Comprehensive Plan identifies as a Land Use Goal to "[I]mprove overall health and well-being of the community by incorporating development that embraces active living:' Comprehensive Plan, 3-14, Goal 9. 'Ibe Comprehensive Plan includes within this Goal, objectives which include improvement of "sidewalks and trails to facilitate non-motorized transportation': working "to allocate funds through local grants to incorporate pedestrian-oriented infrastructure in existing development", enhancing "community spirit and connectedness by creating active living opportunities that are neighborhood focused" and supporting "Park and Recreation activities that address actively living life': Id. The Project is located on an existing, under utilized Park. Currently, approximately only one-third of the Park is accessible to and used by Park visitors. The Project's additions to the Park, made possible through the assistance of this Grant, include two new youth baseball fields and a path extending through currently unused portions of the Park. These additions increase pedestrian-oriented traffic throughout the Park and provide Park users of all ages with more opportunities for active living. The Comprehensive Plan also identifies specific areas where park facilities may need to be expanded or have their usage reallocated, including the Park. These areas were identified in part through consultation with Golden Valley's youth associations. The youth associations are program providers working with the city to provide opportunities for young residents in the City as well as surrounding communities. The following is an excerpt from the Comprehensive Plan regarding the feedback it received from these groups. Youth Association Survey The Parks and Open Space Commission sent a questionnaire to five youth associations that use the park facilities: Girls Fastpitch Softball, Girls Slowpitch Softball, Golden Valley Little League, Golden Valley Phoenix Soccer Club, and Robbinsdale Area Youth Baseball (RAYBA). The youth associations provide athletic opportunities to the City's youth. 1be survey contained questions on service provided, overall satisfaction with facilities and city support, and association needs and possible solutions. In general, all of the youth associations are satisfied with City support and the recreation facilities. While RAYBA and Girls Fastpitch do not foresee future grmvth or demand for facilities, Little League anticipates future growth and would like to see an expansion of Honeywell or an upgrade of facilities within Scheid Park and use of other parks for practice and minor league games. ~ ' -,. ~ . ., 1 I." -;..:> ~ '; "-,'. CITY ~F G<!LDEN VALLEY ....,.. GOLDEN VALLEY LITTLE LEAGUE ~ . I ~ ~.. ~ 1: ~ 4 J . -I j. :' :. ~"f' t' ~ / ~/~ ,';'. . ~ ;" ." .~H~N'NEPIN COUNTY YOUTH SPORTS PROGRAM GRANT PAGE 10 ' tt...:"'-:1 ~ f.......{;.f ~ ~..;,II.. " I '~ ~ Vl J Cornplehensive Plan Compatibility - Continued Comprehensive Plan, 6-10. With this feedback and many other considerations in mind, the following relevant goals, objectives and policies were made part of the Comprehensive Plan: 1. Land Acquisition. Facility Development. and Maintenance a. Objective: Develop appropriate park and recreation areas and facilities to serve existing and future community needs. b. Policies: pursue grants from regional, state, and federal agencies to obtain funding assistance for park and recreation planning, administration, acquisition, physical development, and programming efforts. Comprehensive Plan, 6-14, Goal 1. The Project's completion would serve a specifically identified community need. Little League and other youth sports programs are growing within the City. With a projected increase in population by 2030 comes an increased need to fully utilize all of our community assets, including parks. See Comprehensive Plan. 2-3. The Project would provide increased opportunity to fully utilize the Park by residents and community visitors. This Grant Application is made in accordance with and is fully supported by the Comprehensive Plans stated policy to pursue assistance for parks-related efforts. 2. Recreation a. Objective: Deliver a variety of recreational programs that are responsive to the changing needs and interests of the community. b. Policies: Cooperate with and support youth sports organizations; cooperate with public and private entities to provide recreational opportunities; encourage and enable programs provided by other agencies and groups. Comprehensive Plan. 6-14-15. Goal 2. The Project provides exactly with what this Comprehensive Plan contemplates in this Goal. The addition of the Project's facilities to the Park will not only provide needed facilities for youth sports associations regular season play, but will also give these organizations the ability to host regional and state tournaments. The Project will also benefit neighboring communities by providing opportunities for facility use and district tournaments. One one other city in the Little League district is able to host state tournaments. Finally, the Project will provide full access to an under utilized park, not only for those in the community who wish to attend games, but also for those who wish to simply walk through a large community space, enjoy a picnic, play catch, or participate in another recreational activity. ~ ' . ~,' ",'>.': '. ~ ',-',:" CITY 01; GOLDEN VALLEY ....,... :'GOLDEN 'VA~LEY LITTLE LEAGUE . '~'\o' ( . ,...y~. '. ',' . . '. "" .'HENNEPIN COU~T"r,YouTH SPORTS PROGRAM GRANT PAGE 11 'J" ...; ,;-... ' '~ c'}t ,~, r "'Ie.. . J _ ... Vl II. Estimate of Users 1he Park is a special use facility designed for youth baseball. Currently, the programs which utilize the Park include Little League, Golden Valley Park and Recreation T-Ball, Coach Pitch Baseball and Park Baseball. These programs function on a daily basis throughout the spring and summer months. Little League hosts 3 games per night, Monday- Thursday and 7 games per Saturday. Each league team averages approximately 15 players, with a resulting total of 300 youth using this field on a weekly basis. This amounts to 3000 youth Park visitors during the summer season. Little League also has engaged the little league organizations for the cities of Robbinsdale and Crystal to offer inter-league play to those organizations. These neighboring organizations are given the opportunity to play new teams while sharing facilities and encouraging active youth. With the addition of 2 fields at Honeywell Park, there would the capability of hosting regional and state baseball tournaments. The result is that this Project serves not only the Golden Valley residents of Hennepin County, but also the young residents of our neighboring communities that call Hennepin County their home. Beyond Little League's usage, the Golden Valley Park and Recreation Department uses this facility for 3 summer ball programs. These popular programs for boys and girls include T-Ball, Coaches Pitch Baseball, and Park Baseball utilize these fields during the summer season. These programs consist of, on average, 6 teams each with 12 players. During tournament weeks, the Park is home to approximately 216 park and recreation program participants, in addition to the parents and other spectators who are present to watch the games. Finally, although not specifically accounted for in use calculations, there are the users of the Park who are enjoying non-organized sport activities. Although this is a special use facility designed for a specific purpose, anyone may enjoy the Parks many opportunities for recreation. The City anticipates a greater use among members of the community. This increased use is facilitated by the Project's service and pedestrian path as well as the increased ability for all users to access the majority of the Park's 11 acres rather than just a small segment of the Park as is currently the case. ECOll(lIlli.- Intp3ct AnaIyrjf Assumptions: 1 tournament per year 5 teams from outside Hennepin County (20 total teams) 35 total people per team (15 participants per team, including coaches, 20 spectators per team) 2 days, Saturday and Sunday (2 games played each day) 1 meal per person at a nearby restaurant each day . $10 average bill per person $3,500 annual economic impact from non-Hennepin County residents 't.' '-, . ' - -. ' . !',.':': ";',: HENNEPIN COUNTY YOUTH SPORTS PROGRAM GRANT PAGE 12 j.~.~,,~ '~.~t / :~.'~ >~:: ... r .... ., " _ ~ 1 X. Maichillg Funds The estimated total project cost for the construction of the Project is $467,500. This estimate is based upon the proposal of an outside consulting firm. This estimate is inclusive of all planning, site work, utilities, construction and contingency. A detailed budget is included within this application. The following is a breakdown of project funding sources: Hennepin Youth Sports Program Grant......................... ........ ............. .................... ......... $400,000 Golden Valley Little League Baseball................................................................................ $67,500 Golden Valley Little League will provide financing for its committed and guaranteed portion of the Project through reserve funds, participation fees, program grants, in-kind donations, and fundraising drives. The City of Golden Valley will provide in-kind financing to the Project, including participation in the Project supervision, permitting, and on-going Park maintenance to ensure long term viability to the Project. As shown in the site plan, the master plan for the project includes the building of two youth baseball fields, access paths, relocation of existing batting cages, as well as a future concession stand and a future maintenance building. The City will be responsible for soliciting competitive bids and may specify field 1 as the base bid and field 2 as an alternate. ;', '" '. CITy'OF GOLDEN VALI.EY ...,... GOLDEN VALLEY LITTLE LEAGUE , .. :, ';.~\~;~,~~~~~~~ CO~Jl~TY YOUTH SPORTS PROGRAM GRANT . PAGE 13 ' .,." ",,"""". f.:,;~ f,r\- of -: . ,'. , '. . loft;.<' iO\..~!..:..,. .;s:~. . -",. ,,_ X. Project Budget P t Ad . . t t' rOJec minis ra Ion Surveying, Permitting, Plan Development $5,000.00 Engineering & Project Management $18,000.00 Field Construction Supervision/Statf $16,000,00 - TOTAL PROJECT ADMINISTRATION $39,000.00 Site Pre aration/Gradin IField Develo ment Erosion Control Clear and Grub Site Disc Site Strip Topsoil Cut/Fill Sub-Grade & Re-Grade Re-Spread Topsoil & Fine Grade Final Soil Mixture & Final Grading 12" of 85/15 Sand/Peat Soil Mixture Install 200 LF of draintile per field TOTAL SITE PREP/GRADING/CONST $5,500.00 $5,000.00 $1,500.00 $16,000,00 $60,000.00 -- $16,500.00 $22,000.00 $126)500.00 Seedin~ Infield & Outfield & All Disturbed Soils General Site Restoration Athletic Field Seeding/Fertilization TOTAL SEEDING t $6,150.00 $6,880.00 $13,030.00 Infield A~lime Furnish & Install 6" of Aglime Red Ball Diamond Aglime TOTAL AGLIME _ __~,800.00 I $16)800.00 Electrical Conduit Installation of Conduit .- - ---_..~_.-.. - -- .- Install conduit with pull wire for future electrical service TOTAL ELECTRICAL CONDUIT t- $22,000.00 $22)000.00 Irri~ation for Both Fields Design and Installation TOTAL IRRIGATION $36,000.00 $36,000.00 ~ . :, ~ . , CITY OF GOLDEN VALLEY ~ G~LDEN VALLEY LITTLE LEAGUE ' of. .,..,:.~ d:'" V~~-~Jl ~ ~ - .~ '. "~ ~ :~ <_ HEN~EPIN COUNTY YOUTH SPORTS PROGRAM GRANT PAGE 14 ' ~.', ;'. ,~, .' " ' X. ProjPct Budget - Continued F encm~ 2 Backstops & Outfield Fencing $45,000.00 16' High/20' Wings 4 Player Dugouts $6,800.00 4 Player Dugout Tin Roofs $7,200.00 4 Bullpens $8,200.00 4 Foul Poles $3,000.00 TOTAL FENCING $70,200.00 Salvage & Rotate Existing Batting Cage Allow for installation of new pedestrian path Install Double Batting Cage - New Fields 30' Wide x 70' Long X 12' High TOTAL BATTING CAGES $9,000.00 $18,000.00 $27,000.00 Path & Road Construction 8' Wide Walking Path from Existing Field $15,200.00 -- 12' Wide Emergency Vehicle Road $19,200.00 Bituminous Path with 6" Class 5 Base - - TOTAL PATH & ROAD CONSTRUCTION $34,400.00 s Wi M t torm ater ana~emen Design, Engineering & Permitti~g $3,000.00 - - Test Well Mitigation $8,000.00 Connections and Other Structures $10,000.00 - - Pond Construction $19,000.00 TOTAL STORM WATER MANAGEMENT $40,000.00 TOTAL PROJECT COS,! <~~'T!~A,!,E CONTINGENCY -10% _ _ +__ $424,930.0~_ $42,493.00 TOTAL PROJECTED PROJECT COST $467,423.00 : ,. ,f .. - . ' ,CITY 01' GOLDEN VALLEY' ... ~ GO~I)EN VALLEY LITTLE LEAGUE ~ ~~~" . . . . I . , I' . J ; . HENNEPIN COUNTY YOUTH SPORTS PROGRAM GRANT PAGE 15 1 ~ . .:.".:o~~'.~ J_;~"J: \ ~ ~ i ~'_' '1 Xl PlojeC{ Til11eline City Grant Contract Authorization with Hennepin County................................................................ January 2010 City Resolution to Complete Plans and Specifications Authorizing Project to go to Bid ................. February 2010 Advertise Project .............. ..... ..... ........ ............... .................................................. ........... ............. ............... March 2010 Bid Opening ........ ....... .................. ............................. ............... ..................... ...... ....... ............. ...... ............... April 2010 City Council Approval of Bid ................................................... ................................................................. May 2010 Construction Begins .................. ................................................................................................................. June 2010 Construction Completed ...................... ................................................................................. .................... October 2010 Open for Use ................................................................. ....................... ........................................................ April 2011 ~:t"~' '~';:f1' J.~ . '. ~. ~" ~ ~ ,fJ HENNEPIN COUNTY YOUTH SPORTS PROGRAM GRANT ~ :~/~:~~!~~:-~.':;$I~Cti:'Z J,"~' . i Appendix Site Plan.... .......... ..... ..... ..................... ........... ................. ..... .............. ...... ... ..... ................... ............... ... ....... A-I Lease Agreement ... ....... ....... ......... .............. ..... .......... ..... ....... ..... ............... ..... .............. ........... .......... ......... A-II ~.~~.~:>~:;' - '~it.:"; " - er;y OF GOLDEN VALLEY ~ GOLDEN VALLEY LITTLE LEAGUE 1 .-; $: ~ ..~l " ...._, .~ ~ I . alley Me ora du Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary Golden Valley Council/Manager Meeting March 9, 2010 Agenda Item 3. Continued Item - Discussion Regarding Transportation Element of Comprehensive Plan: Roadway Functional Classifications Prepared By Jeannine Clancy, Director of Public Works Eric Eckman, Public Works Specialist Summary At its December 8, 2009 Council/Manager meeting, City Council considered the functional classification of a number of roadways throughout the City. The Council's discussions were based upon information provided by Metropolitan Council staff at a September 2009 meeting, and served to make the City's transportation system map consistent with Metropolitan Council's functional classification system map. After the December 8 Council/Manager meeting, it was brought to the attention of staff that Metropolitan Council staff had made an error in its explanation of the details and the process for designating collector streets. This prompted a meeting between City staff and Metropolitan Council staff in February 2010, in which staff received the corrected information about the designation of minor and major collectors with respect to its Comprehensive Plan and the Transportation Advisory Board (TAB) approved Functional Classification Map, which shows roadways eligible to receive federal funding. The result of the meeting was that the City may designate minor and major collectors however it sees fit in its Comprehensive Plan, and does not have to group them together as "collectors" as previously directed by the Metropolitan Council. To do so would cause Metropolitan Council staff to consider them all maior collectors. Additionally, if the City wants its minor and major collectors to be eligible to receive federal funding, it must make formal change requests for each roadway to be reviewed by Metropolitan Council staff, the TAB and its Technical Advisory Committee (TAC), and the TAC Planning Committee so that these roadways are included on the TAB approved map. Given this new information, staff analyzed and separated the collector streets into minor and major collectors, and recommends the following: 1. Approval of the proposed functional classifications highlighted in yellow on the attached spreadsheet and shown on the attached map. This will allow staff to complete the Transportation Element of the Comprehensive Plan (most likely as an amendment to the final plan). 2. Approval to make formal change requests to the TAB for each minor and major collector not currently shown on its map, so that these roadways may become eligible for federal funding. (In anticipation of future stimulus dollars, the change request forms for Zane Avenue and Lindsay Street have been completed and are ready to be sent upon approval.) The City's consulting traffic engineer, Mike Kotila, will be in attendance to review the recommended classifications, and the process required by the Metropolitan Council TAB to change a functional classification. Attachments Golden Valley Roadway Functional Classification Review, dated March 3, 2010 (1 page) Proposed Functional Classification Changes (1 page) ~::kr-- _-L~F NEW flOPE rr' J I l'~- I..... JL . ! I l ::-,_\' c:_ v_ _ ._.. i l >0"._' ,_. p", ." 1-" ' I I I 1 . ,... ,~- -~~ 'J " i I \ ! --, L i -S' I............ '~ i'tl t ~, I ......~ . I ',' I ."- . 1- -j'b=:'1 ==. ~/; ~ -........l. ~....~ - .....- , I c/. f I -. l ". I i 1"".....,.. 1, .. ". '.....,. i . I i , j ~-- i . j"-- -. 00......... .........".,. .~ , . 1 --J ..!_." - p", , , , i I ,- ,..... 1/ ! ' l I' /......""". Ptlllt. ~ ,/ i i I -:-_! 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I .i--- ~2 \ 8fowniff , Lak~ \ / Hey PROPOSED FUNCTIONAL CLASSIFICATION CHANGES Changes to Consider - major collector to local street - local street to minor collector - minor collector to major collector 'J> .J o '- Streets with no changes proposed Private Streets Other Agency's Jurisdiction Dale: MarcIJ 2010 Print Date: 03103110 Sources: Hennepin County Surveyors Omce lor Propefty Une. (2010). City 01 Go/den VeI/ey lor e/l otIJ., /eyers. <: '" Z Z :; '" ,0 ~,. ~t: u IClO ..... ,.., N A "'00 ... Golden Valley Roadway Functional Classification Review 31312010 Considerations From To Trip Typellength High RegIonal Current Recommended Comments Street Segment MSA 2005 Predominant Classification Classification Route? ADT Land Use Truck system Local Regional Usage connections Chanae From Malor Collector to Local Plymouth Avenue Winnetka A venue Douglas Drive No NA Residential X Major Collector Local Street Currently in the Met Council Plan as a Major Collector Chanae From Local Street to Minor Collector Regent A venue Golden Valley Road 34th A venue No 2,000 Residential X Minor Arterial Local Street Minor Collector Consistent with Draft Comp Plan Existing Minor Collectors - Consider Chanae to Malor Collector Current Recommended Mendelssohn A venue Medicine Lake Road Plymouth Avenue Yes 2,750 Residential X X Indirectly to Minor Collector Major Collector Principal Arterial Mendelssohn A venue, Golden Commercial & Indirectly to Valley Rnad! Decatur Avel Plymouth A venue Boone A venue Yes 6,300 Industrial X X Yes Principal Arterials Minnr Collectnr Major Collector 7th Ave Golden Valley Road Boone Avenue Winnetka A venue Yes Commercial X X Yes Minor Arterial Minor Collector Major Collector 10th A venue Mendelssohn A venue Winnetka A venue Yes 3,850 Industrial X X Yes Minor Arterial Minor Collector Major Collector Duluth Street Mendelssohn A venue Winnetka A venue Yes 730 Residential X Minor Arterial Minor Collector Minor Collector Proposed as continuous Minor Collector in Draft Comp Plan Wisconsin Avenue 10th A venue TH 55 Yes 2,450 Commercial X X Principal Arterial Minor Collector Major Collector Rhode Island! 23rd Avenues Winnetka A venue Medicine Lake Road Yes 1,300 Residential X Minor Arterial Minor Collector Minor Collector Nevada A velSandburg Rd Medicine Lake Road Douglas Drive Yes 3,000 Industrial X X Yes Minor Arterial Minor Collector Major Collector Olympia Street Winnetka A venue Douglas Drive Yes 1,400 Residential X Minor Arterial Minor Collector Minor Collector Rhode Island A venuell Oth Winnetka Avenue TH55 Yes 7,600 Commercial X X Principal Arterial Minor Collector Major Collector Ave Country Club Drive Rhode Island A venue Douglas Drive Yes 2,200 Commercial & X X Minor Arterial Minor Collector Minor Collector Residential General Mills Boulevard Wayzata Boulevard Betty Crocker Drive Yes 7,200 Commercial X X Yes Principal Arterial Minor Collector Major Collector Draft Cnmp Plan proposed uoorade to Maor Collector Harold Avenue Winnetka Avenue Glenwood A venue Yes 960 Residential X Minor Arterial Minor Collector Minor Collector Western A venue Winnetka A venue Jersey A venue Yes 950 Residential X Minor Arterial Minor Collector Minor Collector Jersey A venue Glenwood A venue Laurel Avenue Yes 1,700 Residential X X Minor Arterial Minor Collector Minor Collector Laurel A venue Winnetka A venue Xenia A venue Yes 7,300 Industrial X X Yes Minor Arterial Minor Collector Major Collector Louisiana A venue Laurel Avenue 1-394 Yes 11,400 Commercial X X Yes Principal Arterial Minor Collector Major Collectnr Market StlWayzata Louisiana A venue Xenia A venue Partial 5,300 Commercial X X Yes Minor Collector Major Collector Blvd!Golden Hills Dr Florida A venue Laurel Avenue Wayzata Boulevard Yes 1,100 Commercial X X Yes Minor Collector Major Collector Golden Hills Drive Xenia A venue Turners Crossroad No 3,750 Commercial X X Minor Cnllector Minor Cnllector Douglas Drive Zane A venue Yes 3,250 North TH 55 Frontage Rd and Zane A venue Lilac Drive No NA Commercial and X X Yes Minor Arterial Minor Collector Major Collector Lilac Drive (West ofTH 100) Industrial North TH 55 Frontage Rd Golden Valley Road No NA Zane A venue Golden Valley Road North TH 55 Frontage Rd Yes 1,600 Industrial X X Yes Minor Collector Major Collector Lindsay Street lane Avenue Lilac Drive Yes 270 Industrial & X X Yes Minor Collector Major Collectnr Residential Snuth TH 55 Frontage Rd & TH 55/Douglas Drive Glenwood Avenue Yes 1900- Institutional & X X Minor Arterial Minor Collector Major Collector Turners Crossroad 2900 Residential Lilac Drive and South TH 55 Turners Crossroad (under TH Schaper RoadITH 55 No NA Residential & X Principal Arterial Minor Collector Minor Cnllector Frontage Road 100) Commercial Schaper Road, N TH 55 TH 100 Underpass (N of UP Frontage Rd and Lilac Dr (E TH 55 No 1,065 Commercial X X Yes Principal Arterial Minor Collector Major Collector ofTH 100) RR) Lilac Drive (E ofTH 100) TH 100 Underpass Golden Valley Road No NA Residential X Minor Collector Minor Collector Gnlden Valley Rnad Lilac Drive CSAH 66 (DuluthlGV Rd) No 420 Residential X Minor Arterial Minor Collector Minor Collector Wayzala Boulevard Park Place France A venue No 4,300 Commercial & X X Minor Collector Major Collector Residential Quentin A venue Douglas A venue Wayzata Boulevard No 4,300 Residential X X Minor Collector Major Collector Meadow Lane TH 55 Glenwood A venue Yes 620 Residential X Principal Arterial Minor Collectnr Minor Collector Zenith A venue 26th A venue Theodore Wirth Parkway Yes 2,150 Residential X X Minor Collector Minor Collector Culver Road Lilac Drive Noble Avenue Yes 380 Residential X Minor Collector Minor Collector Existlna Malor Collectors - Confirm retaining existing classification Current Recommended Plymouth Avenue US 169 Winnetka A venue Yes 6,000 Commercial & X X Yes Principal Arterial Major Collectnr Majnr Collector Residential Boone Avenue Plymouth Avenue TH 55 Yes 8,200 Commercial X X Yes Principal Arterial Major Collector Major Collector Betty Crocker Drive US 169 General Mills Boulevard Yes 4,450 Commercial X X Yes Principal Arterial Major Collector Major Collector General Mills Boulevard TH 55 Betty Crocker Drive Yes 7,200 Commercial X X Yes Principal Arterial Major Collector Major Collector Commercial & Previnusly considered to Golden Valley Road Winnetka A venue Lilac Drive Yes 8,000 Residential X X Yes Minor Arterial Major Collector Major Collector change from Major Collector to Collector Lilac Drive Golden Valley Road Duluth Street No NA Commercial & X X Minor Arterial Major Collector Major Collector Residential Noble A venue Golden Valley Road 34th Avenue Yes 4,200 Residential X X Minor Arterial Major Collector Major Collector Theodore Wirth Parkway Glenwood Avenue ICily Xerxes A venue No NA Park X X Principal Arterial Major Collectnr Major Collector limits Plymouth Avenue Theodore Wirth Parkway Xerxes A venue No NA Park X X Collector Major Collector Major Collector Xenia A venue 1-394 Glenwood A venue Yes 13,700 Commercial X X Yes Principal Arterial Major Collector Major Collector Previously considered for upgrade to Minor Arterial NA = ADT Not Available P:\FJ\G\GoIdv\980100\Functlonat 0... Re'IIew\GV Func CllI.. Change lie' 03.03.10.llIu alley M m n m Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary Golden Valley Council/Manager Meeting March 9, 2010 Agenda Item 4. Proposed Ordinance Amendment - Curb Cut Restrictions in Single Family Residential Zoning District (R-1) Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Summary At its January 12, 2010 Council/Manager meeting, the City Council considered modifications to the Zoning Code restricting the number of curb cuts, or driveway access points, within the Single Family Zoning District (R-1). This proposed modification is included in Section 11.21, Subdivision 19, D., of City Code. The proposed modification includes limiting properties to one curb cut unless one of three exceptions is met. As shown on the attached draft code, these exceptions include: 1. A lot that contains two (2) legally constructed garages. 2. A physical disability of a person residing on the property requires additional driveway access. 3. A lot that contains an existing horseshoe driveway. Following discussion, the Council directed staff to provide clarification on Item 2, including a definition of a qualifying physical disability. Based upon this direction, staff requested that JQP, Inc., the City's Americans with Disabilities Act (ADA) consultant, provide a definition that utilizes Minnesota State Statutes and criteria for obtaining a permanent "disability parking permit." Based upon this direction, the proposed modification to the code is attached to this memorandum for reference. Also attached to this memorandum is the proposed language from JQP that includes specific statutory references. Attachments Underlined/Overscored Version - City Code Section 11.21 Subdivision 19 (1 page) Proposed language and MN Statute 169.345, Subd. 2 (1 page) 9 11.21 *Subdivision 19. Paved Area, Drivewavs and Street ~ccess Requirements Paved areas in the Single Family (R-l) Zoning District, include those constructed of concrete, bitumiuous pavement, or pavers, and are governed by the following provisions: A. Driveways built or reconstructed on or after January 1, 2005, shall be paved. B. Setbacks. Paved areas shall be setback three (3) feet from a side yard property line, except for shared driveways used by multiple property owners pursuant to a private easement. Source: Ordinance No. 415, 2nd Series Effective Date: 02-13-09 C. Coverage. No more than forty percent (400/0) of the front yard may be covered with concrete, bituminous pavement, or pavers. Source: Ordinance No. 382, 2nd Series Effective Date: 3-28-08 *Renumbering Source Ordinance No. 382, 2nd Series Effective Date: 3-28-08 D. Street Access. Each lot may have only one (1) street curb cut access. Lots with the following situations may have up to two (2) street curb cut accesses (cost for the additional street curb cut access point shall be assessed to the prooerty owner) : 1. A lot that contains two (2) legally constructed garages. 2. A person residing on the property that requires additional driveway access to accommodate a physical disability that qualifies for a 'disability parking permit' as defined by MN Statute 169.345A physical disability of a person residing on the ~f6~erty requires addltleRal access. 3. A lot that contains an existing horseshoe driveway. Proposed language for: Subdivision 19. Paved Area, Driveways and Street Access Requirements: A... B... C... D. Street Access. Each lot may... 1. A lot that contains... 2. A person residing on the property that requires additional driveway access to accommodate a physical disability that qualifies for a 'disability parking permit' as defined by MN Statute 169.345. 3. A lot that contains... Below is the definition used by the state, for the entire statute, go to the website listed at the bottom: 169.345 MN Statute, 2009 Subd. 2. Definitions. (f) "Physically disabled person" means a person who: (1) because of disability cannot walk without significant risk of falling; (2) because of disability cannot walk 200 feet without stopping to rest; (3) because of disability cannot walk without the aid of another person, a walker, a cane, crutches, braces, a prosthetic device, or a wheelchair; (4) is restricted by a respiratory disease to such an extent that the person's forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter; (5) has an arterial oxygen tension (PA02) of less than 60 mm/Hg on room air at rest; (6) uses portable oxygen; (7) has a cardiac condition to the extent that the person's functional limitations are classified in severity as class 1\1 or class IV according to standards set by the American Heart Association; (8) has lost an arm or a leg and does not have or cannot use an artificial limb; or (9) has a disability that would be aggravated by walking 200 feet under normal environmental conditions to an extent that would be life threatening. https:/Iwww.revisor.mn.gov/statutesl?id= 169.345 Hey M ora urn Finance 763-593-8013/763-593-8109 (fax) Executive Summary Golden Valley Council/Manager Meeting March 9, 2010 Agenda Item 5.2009 General Fund Transfer Prepared By Sue Virnig, Finance Director Summary Staff would like to discuss the transfer of 2009 general funds (unaudited) to one area. The recommendation would be to transfer $500,000 to the Street Debt Service Fund. This transfer will stabilize future levies from debt. A resolution will have to be adopted at the March 16 meeting. Attachment Resolution Authorizing the Transfer of $500,000 from the General Fund to the Street Debt Service Fund ($500,000) (1 page) Resolution 10- March 16, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE TRANSFER OF $500,000 FROM THE GENERAL FUND TO THE STREET DEBT SERVICE FUND ($500,000) WHEREAS, the transfer of $500,000 to the Street Debt Service Fund would finance future debt service payments as outlined in the City's Capital Improvement Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley to authorize the transfer of $500,000 from the General Fund to the Street Debt Service Fund ($500,000). 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. hlley o Planning 763-593-8095 / 763-593-8109 (fax) Executive Summary Golden Valley Council/Manger Meeting March 9, 2010 Agenda Item 6. Formation of Housing Improvement Area Prepared By Mark Grimes, Director of Planning and Development Summary The property manager for Briarwood Townhomes on Unity Avenue approached staff about government financing programs for improvements to common areas within Briarwood. In researching the question, staff spoke to both the Minnesota Housing Finance Agency (MHFA) and the City of St. Louis Park. The MHFA told me that there were no state programs for the financing of common area improvements to townhome or condominium developments. However, the staff person at the MHFA said that State Statute provides for creation of a Housing Improvement Area (HIA). I was told that St. Louis Park has used this technique to help homeowner associations finance improvements. Cathy Larson, Housing Programs Coordinator for St. Louis Park, provided me with information about HIA. I am attaching the information that gives a great description of them and how they can be used to maintain housing quality. Basically, the HIA is an area defined by the City where housing improvements can be made. In the case of a town home association, the improvements would be paid for by bonds sold by the City and repaid through assessments made by the owners within the HIA. Staff would like to be given the go ahead to explore the creation of Housing Improvement Areas within Golden Valley. The City has a number of townhome and condominium developments that are 30 or more years old that may be in need of improvement. In the cas~ of Briarwood, the units are very affordable, most in the $120,000 range. It is important for thj City to maintain as much of the affordable housing as possible as outlined in the City's Housing Chapter of the Comprehensive Plan. At this time, there are few, if any, private I financing options available to townhome associations. The creation of the HIA may be the only option available to affordable town home developments. In the research needed to go forward, the staff will fully examine the cost to the City of going forward with the HIA. At this time, the staff is going on the assumption that the costs for the HIA will be entirely paid for by the assessment to the homeowner's association. Staff time would be the only cost to the City. Attachment City of St. Louis Park Housing Improvement Area Information (8 pages) City of St. Louis Park Community Development Department Housing Improvement Area Finance Tool for Townhome and Condo Association Improvements. A Housing Improvement Areas (HIA) is a defined area within a city where housing improvements are made and the cost of the improvements are paid in whole or in part from fees imposed on the properties within the area. Basically, the Association borrows low interest money from the City; . Permanent, common area improvements are completed; and . Unit owners repay the loan through fees imposed on their properties, and collected with property tax payments. This tool can assist with the preservation of the city's existing housing stock. Townhouses and condominiums were constructed primarily in the 1970's and 80's, and comprise 12% ofthe City's housing stock. The City's Comprehensive Plan notes that "there is a concern that maintenance may be underfunded for some townhouse associations and maintenance issues may arise in the future." As most of the buildings are going on 30 years, deferred maintenance issues are becoming a concern. Highlights of the HIA . Associations must initiate the request. Improvements must be common area improvements. . This is last resort financing, used when associations have no other viable options for raising money for improvements. . Over 50% of the owners must sign a petition requesting the City Council to conduct a public hearing to consider implementing the housing improvement area. . A veto period exists where 35% ofthe owners can stop the process. The average market value for units must be at or less than the value of homes in the first time homebuyer programs, in 2008, this is $269,000. If your Association is interested in learning more about this finance tool, please review the application procedure and policy and call Kathy Larsen, Housing Programs Coordinator at 952-924-2196. City of St. Louis Park Community Development Dept. APPLICATION PROCEDURES FOR ESTABLISHING A HOUSING IMPROVEMENT AREA 1. Meet with appropriate City staff to discuss the scope ofthe project, member participation, time schedule and other information as may be necessary. 2 Complete Preliminary Application for the Establishment of a Housing Improvement Area. This form should be submitted to the Housing Programs Coordinator along with the other required documents. 3. The request shall be reviewed by City staff on a preliminary basis as to the feasibility of the project. 4. Staff will prepare a report for the City Council and the applicant which will include a financial and legal analysis of the project. 5. If the proposal receives a favorable review by City Council, the association must then submit the required petitions (minimum of 50% of owners must sign petition form.) At the time the petitions are received, the City must have the final Association Financial Plan which identifies how both maintenance and operation ofthe common elements will be paid for and a long-range plan to conduct and finance capital improvements. 6. Upon receipt of an adequate number of valid petitions, the City will have prepared the Plan for the HIA and the proposed Development Agreement. 7. City will schedule public hearings on the creation of the district and the setting of the fees (two separate public hearings may be required.) 8. City Council will approve or deny the creation ofthe HIA and the associated fees. If approved, the Development Agreement will be executed subject to the successful passage of the veto period. (If 35% or more of the owners file a written obiection within the veto period, the City cannot provide financing through a Housing Improvement Area.) 9. It is understood that City Staff or City Council may from time to time determine that a different process which is outlined is more appropriate, given the circumstances of each individual request. City of St. Louis Park Community Development Dept. CITY OF ST. LOUIS PARK PRELIMINARY APPLICATION HOUSING IMPROVEMENT AREA FINANCING Legal Name of Association Mailing Address Name of Contact Person: Phone: Name of Management Firm/Agent (if different than contact person) Phone Legal Description of the Project Site: REQUESTED INFORMA nON Addendum shall be attached hereto addressing in detail the following: 1. Give a general description of the project. 2. Explain how the project will meet the goals of the City council as identified in Section 3.01 of the City of St. Louis Park HIA Policy. 3. Provide a proposed timeline for the project including the dates of membership meetings to discuss a project, submittal of required petitions, public hearings, construction start, submission of first draw request and project completion. 4. List of improvements and estimated project budget. 5. Explain why Housing Improvement Area financing is necessary to undertake the project. Attach any documentation regarding efforts to secure private financing. 6. Explain the process used to determine the scope of the proposed project and the desire for HIA financing among the association members. Provide any documentation regarding owner meetings discussing project. City of St. Louis Park Community Development Dept. Attach a copy of the following: _Association Bylaws _Audited financial statements for the last two years _Association Financial Plan which identifies how both maintenance and operation of the common elements will be paid for and a long-range plan to conduct and finance capital improvements. What is the proposed term of the HIA? Years. How do you propose the fee to be charged to the affected property owners? _Equally among all properties _Other: for example-based on unit size, percent interest in association or value. Please identify: Amount of loan anticipated: $ Are there any properties within the HIA which should be exempt from the fee? _No _Yes-Explain REQUIREMENTS FOR HOUSING IMPROVEMENT AREA (HIA) FINANCING To apply for HIA financing, the owners within the association must agree to the following: 1. Must use City's choice of Bond Counsel and Financial Advisor(s). 2. Disbursements of bond /loan proceeds must be made through an escrow agent to be selected by the City of 8t. Louis Park. 3. Payment of an administrative fee to the City of one half percent of the bond issue (if City issues bonds) or flat fee of $5,000, which ever is greater. 4. City staff or its agents will review the performance and level of outstanding debt of previous HIAs before recommending the approval of additional HIA debt. 5. The bond (s) shall be for an issue not less than $250,000, other City sources may be used, and the City determines if bonds are to be used. City of St. Louis Park Community Development Dept. By signing this application hereby agree to the following: 1. I have read and will abide by all the requirements of the City for taxable bond financing. I will also commit all contractors, subcontractors, and any other major contributors to the project to all segments applicable to them. 2. The above information is true and correct. 3. The Association will pay all costs involved in the legal and fiscal review of this project. These costs include the Bond Counsel, Financial Advisor and City Attorney, and all costs involved in the issuance of the bonds to finance the project. 4. I understand that the City reserves the right to deny final approval, regardless of preliminary approval of the application. Signature of Representative Date City of St. Louis Park Community Development Dept. CITY OF ST. LOUIS PARK HOUSING IMPROVEMENT AREA POLICY 1. PURPOSE 1.01 The purpose ofthis policy is to establish the City's position relating to the use of Housing Improvement Area (HIA) financing for private housing improvements. This policy shall be used as a guide in processing and reviewing applications requesting HIA financing. 1.02 The City shall have the option of amending or waiving sections of this policy when determined necessary or appropriate. 2. AUTHORITY 2.01 The City of St. Louis Park has the authority to establish HIAs under 1994 Minnesota Laws, Chapter 587, Article 9, Section 22 through 3 1, and extended in 2000, M.S. 428A.21 2.02 Within a HIA, the City has the authority to: A. Make housing improvements B. Levy fees and assessments C. Issue bonds to pay for improvements 2.03 The City Council has the authority to review each HIA petition, which includes scope of improvements, association's finances, long term financial plan, and membership support. 3. ELIGIBLE USES OF HIA FINANCING 3.01 As a matter of adopted policy, the City of St. Louis Park will consider using HIA financing to assist private property owners only in those circumstances in which the proposed private projects address one or more of the following goals: A. To promote neighborhood stabilization and revitalization by the removal of blight and/or the upgrading ofthe existing housing stock in a neighborhood. B. To correct housing or building code violations as identified by the City Building Official. C. To maintain or obtain FHA mortgage eligibility for a particular condominium or townhome association or single family home within the designated HIA. D. To increase or prevent the loss of the tax base of the City in order to ensure the long-term ability of the City to provide adequate services for its residents. E. To stabilize or increase the owner-occupancy level within a neighborhood or association. F. To meet other uses of public policy, as adopted by the City of 8t. Louis Park from time to time, including promotion of quality urban design, quality architectural design, energy conservation, decreasing the capital and operating costs of local government, etc. 4. HIA APPROVAL CRITERIA 4.01 All HIA financed through the City of 8t. Louis Park should meet the following minimum approval criteria. However, it should not be presumed that a project meeting these criteria would automatically be approved. Meeting these criteria creates no contractual rights on the part of any association. A. The project must be in accordance with the Comprehensive Plan and Zoning Ordinances, or required changes to the Plan and Ordinances must be under active consideration by the City at the time of approval. B. The HIA financing shall be provided within applicable state legislative restrictions, debt limit guidelines, and other appropriate financial requirements and policies. C. The project should meet one or more of the above adopted HIA Goals of the City of 8t. Louis Park. D. The term of the HIA should be the shortest term possible while still making the annual fee affordable to the association members. The term of any bonds or other debt incurred for the area should mature in 20 years or less. E. The association in a HIA should provide adequate financial guarantees to ensure the repayment of the HIA financing and the performance of the administrative requirements of the development agreement. Financial guarantees may include, but are not limited to the pledge ofthe association's assets including reserves, operating funds and/or property. F. The proposed project, including the use of HI A financing, should be supported by a majority ofthe owners within the association. The association should include the results of a membership vote along with the petitions to create the area. G. The Association must have adopted a financial plan that provides for the Association to finance maintenance and operation of the common elements within the Association and a long-range plan to conduct and finance capital improvements therein, which does not rely upon the subsequent use of the HIA tool. H. HIA financial assistance is last resort financing and should not be provided to projects that have the financial feasibility to proceed without the benefit of HIA financing. Evidence that the association has sought other financing for the project should be provided and should include an explanation and verification that an assessment by the association is not feasible along with letters from private lenders or other evidence indicating a lack of financing options. I. The homeowner's association must be willing to enter into a development agreement, which may include, but is not limited to, the following terms: establishment of a reserve fund staffing requirements annual reporting requirements conditions of disbursement required dues increases notification to new owners of levied fees J. The improvements financed through the HIA should primarily be exterior improvements and other improvements integral to the operation of the project, e.g. boilers. . In the case of a homeowner's association, the improvements should be restricted to common areas. The improvements must be of a permanent nature. The association must have a third party conduct a facility needs assessment to determine and prioritize the scope of improvements. K. HIA financing should not be provided to those projects that fail to meet good public policy criteria as determined by the Council, including: poor project quality; projects that are not in accord with the Comprehensive Plan, zoning, redevelopment plans, and the City policies; projects that provide no significant improvement to the neighborhood and/or the City; and projects that do not provide a significant increase in the tax base and/or prevent the loss of tax base. L. The financial structure of the project should receive a favorable review by the City's Financial Advisor and Bond Counsel. The review will include a review of performance and level of outstanding debt of previous HIAs. M. The average market value of units in the association should not exceed the maximum home purchase price for existing homes under the State's first time homebuyer program. (In 2001, the metro amount is $175,591) N. The association is to submit an application along with application fee as set from time to time by resolution of the City Council. Adopted by the City of St. Louis Park on the 16th day of July 2001. alley e ra m City Administration/Council 763-593-8014/763-593-8109 (fax) Executive Summary Golden Valley Council/Manager Meeting March 9, 2010 Agenda Item 7. Support for Community Access Preservation Act Prepared By Jeanne Andre, Assistant City Manager Summary At the last meeting of the Northwest Suburbs Cable Communications Commission the Commission suggested that member cities may wish to adopt a resolution in support of the Community Access Preservation Act (HR 3745), which makes clear the definition of cable service and ensures access to Public, Educational and Government (PEG) channels. Staff would like direction on whether or not to place the resolution on an upcoming City Council Meeting agenda. Attachment Draft Resolution Stating Support for the Community Access Preservation Act (HR 3745) (2 pages) RESOLUTION NO. A RESOLUTION OF THE CITY OF , MINNESOTA STATING SUPPORT FOR THE COMMUNITY ACCESS PRESERVATION ACT (HR 3745) WHEREAS, the City Council of , Minnesota is the official governing body elected to preserve and protect the best welfare and interest of the City and its citizens; and WHEREAS, public, educational and government (PEG) channels playa significant role in ; and WHEREAS, PEG channels are a unique and valuable resource for local information and discourse for the residents of ; and WHEREAS, PEG channels televise local government meetings, including City Council, Planning Commission, city board and school board meetings, so that citizens are informed about the actions taken by local elected officials; and WHEREAS, PEG channels contribute to the democratic process by providing opportunities for candidates and others, such as the League of Women Voters, to discuss local issues during election campaigns; and WHEREAS, PEG channels provide a window through which residents can view the diversity of cultures, recreational activities and artistic endeavors in their local community; and WHEREAS, PEG channels reflect the unique identity of the communities they serve; and WHEREAS, City of hereby vigorously opposes any federal legislation that will reduce the right of local governments to establish benefit requirements including public, educational, and governmental access channels, including funding, facilities, and equipment for such channels; and to require dedicated capacity or institutional network systems for educational and governmental purposes; and WHEREAS, City of will support efforts directed against legislative change to ensure that all persons residing in the City will have unfettered access to all forms of information resources in the broadest range of rights and interests to ensure that those that use public rights-of-way and benefit from the use of public rights-of-way are continued to be obligated to provide compensation in the form of public, educational, and governmental access channels and funding, and other support services for PEG Access Channels as well as ongoing community needs requirements notwithstanding technological changes or advancements; and WHEREAS, the intent of the Act is to make clear that the definition of "cable service" under the Cable Act is applicable to all forms of technologies that make video programming available by land lines to subscribers enabling the rightful authority of local governments to ensure uniform treatment of providers of video services within their community; and WHEREAS, it is important to ensure that PEG Access channels continue to be available to the entire community to serve the residents of ; and WHEREAS, HR 3745, the Community Access Preservation Act, addresses critical and immediate threats to PEG Access. NOW, THEREFORE, BE IT RESOLVED: The City Council supports immediate passage of HR 3745; and The City Council calls on our Congressional delegation to take all possible actions in support of the passage of HR 3745, including, but not limited to, endorsing, co-sponsoring and voting for HR 3745, and to work for its rapid passage. This Resolution becomes effective upon approval and adoption by the City Council of , Minnesota ADOPTED in a regular session of the City Council meeting this ,2010. day of , Chairman City Council Attest: , Clerk alley m City Administration/Council 763-593-8014/763-593-8109 (fax) Executive Summary Golden Valley Council/Manager Meeting March 9, 2010 Agenda Item 8. City Council Workshop Follow-up Prepared By Jeanne Andre, Assistant City Manager Summary A list of items discussed at the February 6 Council Workshop is attached. It has been modified from the previous list by 1) dropping two items; 2) placing asterisks by items that the City Manager and individual Council Members flagged for further discussion; and 3) through reorganization by departmental units to facilitate future Council discussion with staff. At the March 9 Council/Manager Meeting the Council should discuss the list considering the following: . Give special attention to items with asterisks. The Council may want to further describe or clarify these items or delete them entirely. . Consider the City Manager's suggestions about priorities and order of consideration of items. As the Council goes forward with further consideration of the items, we have discussed working with staff at Council/Manager Meetings to gather information and insight on the identified topics. There are both long- and short-term priorities on the list, and some are pertinent to the budgeting process. All of these factors could influence the order and speed of further discussions. Staff would also like direction on a follow-up process to evaluate items brought up at the Council Workshop. Attachment February 6 City Council Workshop Follow-up, dated March 9, 2010 (1 page) February 6 City Council Workshop Follow-up Planning and Engineering 1. Do planning and traffic studies in-house. 2. Consider Plan for Highway 55/Douglas area (NE quadrant) - corporate campus. . Place moratorium on development. . Do internal study (without outside consultants) on rezoning, relocating service road. 3. Look at north and south options for the road serving the MnDOT property (3.9.4 project). *4. Study traffic issues related to up-zoning SE quadrant of Harold and Highway 55. *5. Study options for major transit oriented development (TOO) related to Bottineau LRT through redevelopment of adjacent properties. 6. Consider options if car dealers downsize. *7. Work with school district on reuse of Olson School. *8. Breck Traffic - have shuttle buses from Ice Arena. *9. Encourage local business organization (outside of Twin West) to promote local business, look at business improvement district. - Bob, Paula and DeDe want to participate Human Resources 1. Review structure/number of City Boards and Commissions. 2. Continue to explore ways to recognize employees. 3. Look at creative ways to provide employee raises in future. *4. Develop "Great Team" cards for employee recognition. Parks, Recreation and Public Works 1. Consider reducing number of park concerts, pass bucket requesting donations. *2. Consider movie night at the park. 3. Review extent of recreational program subsidy, overlap of programs with other entities. 4. Try to reduce extent of deer management in 2011. 5. Review 3rd Lair agreement -look at number of residents served. 6. Review athletic association charges - compare to other communities. 7. Park equipment - look at repairing to maintain safety and accessibility - delay regular redos. *8. Look at using hockey rinks for dog park. *9. Consider promoting citizens to identify ash trees on their own property to create private property inventory. 10. Continue responding to basic building needs - less proactive with upgrades. Engineering, Inspections and Public Works *1. Consider extending PMP program - start with 2011 program, coordinate with MCES. 2. Continue zoning enforcement at current level. 3. Consider adding administrative fines for code compliance. 4. Continue CEE contract focused on residents in need. Public Safety 1. Review booking data to consider need for overnight CSOs, consider weekends vs. weekdays bookings. 3-9-1 0