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11-10-86 PC Agenda , j _. __._ .__. __ _ _—�. ____..._ �� ax � /�. . ; Golden Valley Planning Commission : � Civic Center, 7800 Golden Valley Road � NOVEMBER 10, 1986 � 6:30 P.M. . AGENDA � I. REPORT FROM CHAIRMAN OF RECREATION ANQ OPEN SPACE COMMISSION ON POOL PLANS II. APPROVAL OF MINUTES - OCTOBER 27, 1986 III. SET DATE FOR INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT APPLICANT: KARE-TV LOCATION: 8811 Olson Memorial Highway � REQUEST: Approval of a Conditional Use Permit to Allow for a Heliport in a Business and Professional `i Offices Zoning District IV. INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT ' � APPLICANT: Animal Humane Society � LOCATION: 845 Meadow Lane North REQUEST: Approval of a Conditional Use Permit to Allow for , Expansion of the Animal Humane Society Building i V. REPORT ON NOVEMBER 5, 1986 CITY COUNCIL MEETING VI. YEAR 2010 PLANNING WORKSHOP: DISCUSSION OF CITY DOCUMENT READABILITY AND CITY PLANNING PROCESS � I i � ; ; :I , � ,, ; ; � � MINUTES OF THE GOLDEN VALLEY QPLANNING COMMISSION October 27, 1986 A regular meeting of the Planning Commission was held in the Manager's Conference Room of the Civic Center, 7800 Golden Valley Road, Golden Valley, Minnesota. Chairman Prazak called the meeting to order at 7:05 P.M. Those present were Commissioners Kapsner, Leppik, Lewis, McAleese, McCracken-Hunt, Prazak and Russell . Also present were Mark Grimes, Director of Planning and Development, and Alda Wilkinson, City Planner. I. APPROVAL OF MINUTES - OCTOBER 15, 1986 It was moved by Commissioner McAleese, seconded by Commissioner Lewis and carried unanimously to approve the minutes of the October 15, 1986 meeting. II. WAIUER OF THE PLATTING ORDINANCE APPLICANT: Roland and Barbara Menk and James and Jil Carlson LOCATION: 1605 and 1625 Zealand Avenue North REQUEST: Waiver of Platting Ordinance to Allow for � Adjustment of Lot Line Chairman Prazak introduced this agenda item and requested a summary of the staff report. City Planner Alda Wilkinson gave a brief summary of the staff recommendation. Mr. Roland Menk, Mr. James Carlson and Mrs. Jil Carlson were present as proponents. Mr. Menk explained that he recently considered constructing an addition to the side of his house and discovered at that time that his house does not have the minimum setback required from the side property line. The proposed lot line adjustment corrects the nonconforming setback, but does not provide space for addition to the side of the house. Mr. Menk does not plan to add to his house at this time, but may consider adding to the back of the house in the future. It was moved by Commissioner Leppik, seconded by Commissioner Russell and carried unanimously to recommend City Council approval of the request for Waiver of the Platting Ordinance to allow for adjustment of the lot line for property located at 1605 and 1625 Zealand Avenue North. III. REPORT ON CITY COUNCIL, HRA AND BZA MEETINGS The following reports were given: October 7 and 21, 1986 City Council Meetings -- Commissioner McAleese Q October 14, 1986 HRA Meeting _- Commissioner McCracken-Hunt October 14, 1986 BZA Meeting - Commissioner Leppik , _ Minutes of the Golden Valley Planning Commission - October 27, 1986 Page 2 • IV. CENTENNIAL TOWN MEETING WORKSHOP Commissioner McAleese gave a report on the October 16, 1986 meeting of the Centennial Town Meeting Committee. Planning Commissioners reviewed the Centennial Town Meeting tabloid cover design prepared by Post Publishing staff and gave comments to Planning staff for transmittal to the Post. Planning Commissioners reviewed demographic information compiled by Planning staff for potential use in the Centennial Town Meeting tabloid. The Commission selected information items for inclusion in the tabloid, determined method of presentation for each item, and drafted statements and questions to accompany various tables and charts. Ms. Sue Webber, Post Publications, arrived at the meeting during this discussion and participated in the workshop. Commissioner McAleese provided a description of content of the message from the Planning Commission which he is in the process of drafting for the tabloid. V. YEAR 2010 REVIEW SCHEDULE The Planning Commission received materials from Commissioner McAleese suggesting the following two Planning Commission projects: • 1. Readability of the City Code 2. City Planning Process The Planning Commission agreed to place these two projects on upcoming meeting agendas. The meeting was adjourned at 9:00 P.M. Gary Prazak, Chairman Linda McCracken-Hunt, Secretary � � November 5, 1986 T0: Golden Valley Planning Commission FROM: Alda Wilkinson, City Planner SUBJECT: Set Date for Informal Public Hearing - Conditional Use Permit - Heliport in a Business and Professional Offices Zoning District - KARE TV 11 - 8811 Olson Memorial Highway 1CARE TV 11 requests a Conditional Use Permit for a heliport at the KARE site located at 8811 Olson Memorial Highway. The proposed heliport is partially on KARE property and partially on adjacent property to the south leased from General Mills for heliport purposes. The KARE site and the General Mills property both are zoned Business and Professional Offices. Planning staff suggests that the Planning Commission set an informal public hearing date of November 24, 1986 for consideration of the proposed KARE heliport. The City Council previously set a public hearing date of December 9, 1986 for consideration of the required Conditional Use Permit in order to place a time deadline on KARE submittal of an application. • � November 5, 1986 � T0: Golden Valley Planning Commission FROM: Mark W. Grimes, Director of Planning and Development SUBJECT: Conditional Use Permit for Addition to Animal Humane Society of Hennepin County Introduction and Reason for Conditional Use Permit The Animal Humane Society has requested a Conditional Use Permit to allow for the expansion of their facility at 845 Meadow Lane North in the North Wirth Redevelopment District. Currently their use of the property is non-conforming. In order to bring the use into conformity in the Light Industrial District and allow the expansion of the Animal Humane Society building, a Conditional Use Permit must be obtained. Within the Light Industrial Zone, animal care facili- ties are permitted only with a Conditional Use Permit. The Animal Humane Society has operated at this location since 1926 and in the existing building since 1966. Therefore, the Animal Humane Society building and operation predated the current Zoning Code and is a legal non-conforming use. Expansion of a non-conforming use is not permitted. Therefore, the Animal Humane Society has decided to apply for a Conditional Use Permit to bring their total operation � into conformity with the Zoning Code. Explanation of Proposed Addition The Animal Humane Society has hired Carlson Mjorud Architecture, Ltd. to prepare the necessary site plans and information for the Conditional Use Permit application. The information that they have submitted to the staff and will be presenting at the Planning Commission meeting is more than adequate to give the Planning Commission an idea of the Animal Humane Society plans. Currently the Animal Humane Society building is a total of 24,100 square feet in area on a 2.96 acre site. The plan is to add an additional 21,800 square feet of area. As indicated in the attached "Narrative for Golden Valley Conditional Use Permit Application by the Animal Humane Society of Hennepin County", the reason for expansion is not to handle more animals but to strengthen its present programs it runs from the building. As indicated on the site plan, the addition to the building will add space on the northwest and southeast side of the building. One of the features of the addition will be to provide a new entrance to the building that will be identi- fiable from Meadow Lane. Currently, the front of the building is oriented to France Avenue which is no longer used. A representative from Carlson Mjorud Architecture will be at the Planning Commission meeting to explain in detail the proposed uses of the addition and how the building will be re-oriented. Also, the architect will have a rendering of the building for the meeting on November 10. • .� � - Golden Valley Planning Commission � November 5, 1986 • Page 2 Parkin One of the concerns that has been addressed by the Animal Humane Society and the staff with regard to this addition has been parking. The Animal Humane Society has met with the staff several times to determine how much parking is needed on the site after the new addition is completed. As shown on the attached "Zoned Parking Requirements Analysis" prepared by Carlson Mjorud Architecture and dated December 9, 1985 and revised on January 28, 1986, the total parking spaces required for the new Animal Humane Society building will be 110 spaces. This amount assumes a parking ratio of one space per 250 square feet of office area and one space per 500 square feet of educa- tion/training space and kennel/ward, storage, and garage spaces. The Animal Humane Society can provide 120 spaces on their property as shown on the site plan indicating maximum parking. However, the Animal Humane Society is proposing to build only 80 of those parking spaces because they believe they only need 80 spaces for their business. The Animal Humane Society has promised that as part of the Conditional Use Permit, additional parking up to the 120 spaces will be built if necessary. The Animal Humane Society has analyzed their parking demand and they believe that the 80 spaces will be more than adequate. In 1985, the Animal Humane � Society counted the cars parked in their lot over a several week period. The count indicated that the 80 spaces would be adequate even with the 21,000 square foot addition. The Animal Humane Society has also made arrangements with Graco, Inc. to use their parking lot on weekends and evenings if there are special events. This would happen rarely. This agreement with Graco is only good as long as Graco is in the Mortenson complex so this parking cannot be "officially" counted. In addition, the Animal Humane Society uses old France Avenue for parking. The old street still remains and is maintained and plowed by the Animal Humane Society. Oderall , the staff has evaluated the parking proposed by the Animal Humane Society and believes that the 80 spaces are adequate with the condition that other spaces would be built if the need arises. Other Site Considerations Access to the site will be improved with the new addition. Persons coming to the building will now primarily use the south parking lot. Access to the north part of the building off Sunnyridge Lane will be only for dropoff and pickup of animals at the receiving entrance, service entrance and staff parking. The proposed building and driveways on the site meet all setback and zoning code requirements except for proposed setback of the driveway that parallels � - - Golden Valley Planning Commission ' November 5, 1986 • Page 3 � Sunnyridge Lane. This driveway gives access to the receiving entrance. Technically, this driveway should be setback 35 feet from Sunnyridge Lane. The proposed setback is about 10 feet. However, this setback is the same as the existing fenced-in storage area along Sunnyridge Lane. It should be noted that Sunnyridge Lane serves only two houses and the Animal Humane Society. There is discussion that when the North Wirth Redevelopment area is further developed, the two homes along the west side of Sunnyridge will be removed. After the houses are removed, Sunnyridge Lane could be vacated (except for utility easements) or left to serve only the Animal Humane Society. It appears that the effect of the setback at the driveway from Sunnyridge Lane will not be detrimental on the future development of the area or the site itself. Carlson Mjorud Architecture has prepared a landscape plan for the area that is enclosed. The plan appears to do a good job in enhancing the building and the appearance of the area as a whole. As stated before, the Animal Humane Society is in the North Wirth Redevelopment District. The Animal Humane Society is committed to staying at this location and is not interested in relocating. The City staff and M. A. Mortenson have been meeting over the past year to discuss the further redevelopment of the area. It has been agreed that the Animal Humane Society can fit in well with any redevelopment plans and can be an asset to the redevelopment district. The � staff believes that the plans submitted by the Animal Humane Society show a commitment to their own needs and the needs of the community and the redevelop- ment district. Recommendation The staff recommends approval of a Conditional Use Permit to allow the Animal Humane Society to operate at 845 Meadow Lane and expand by 21,800 square feet as shown on the attached plans with the conditions stipulated below. The staff considered the ten factors found in Chapter 20 of the Zoning Code when making its recommendation on the Conditional Use Permit. The proposed use does not have a negative effect on any of the ten factors. The conditions that should be made part of the Conditional Use Permit are as follows: 1. The site plans dated August 8, 1986 and November 10, 1986 become a part of the permit. 2. The Animal Humane Society shall be permitted to provide only 80 spaces as shown on the plan dated August 8, 1986 (Needed Parking). However, if it is determined by the Director of Inspections that additional parking is needed, the Director shall bring this to the attention of the City Council who may order up to an additional 40 spaces be built as shown on the plan dated November 10, 1986 (Maximum Parking). � •V Golden Valley Planning Commission ` � November 5, 1986 � Page 4 � 3. The Landscape Plan shall become a part of the permit. The plan shall be completed as per the direction of the Director of Inspections. 4. Any drainage or utility plans shall be approved by the City Engineer. • . .� � NARRATIVE FOR GOLDEN VALLEY CONDITIONAL USE PERMIT APPLICATION BY THE ANIMAL HUMANE SOCIETY OF HENNEPIN COUNTY The Animal Humane Society of Hennepin County is requesting a Conditional Use Permit to allow the Society continued use and the ability to construct an addition to its facility located at 845 Meadow Lane North in a Light Industrial Zoning District. Following a Feasibility Study completed by Carlson Mjorud Architecture Ltd (CMA) in December, 1984, a committee of the Board of Directors of the Animal Humane Society has studied the question of whether the Society's facilities should be expanded. The decision to pursue a building expansion has compelled the Society to formally request this permit because the original building pre-dated the existing zoning designation and it has operated under this status since that time. The Society, a non-profit organization which has been in existence for over 100 years, has been located at its present site in Golden Valley since 1926 and have been in the same building since 1966. This location is convenient for serving the entire Hennepin County area and the Society is strongly committed to it. Approximately 21,800 square feet of new building area is planned for the addi- tion to the �xisting 24,100 square foot Animal Humane Society headquarters � building, for a total building area of 45,860 square feet. This represents a 21 percent coverage by building of the 2.96 acre site. The Society's expansion philosophy is based on the idea that its main objectives are to strengthen the present programs located within the shelter. Programs that promote public education regarding sterilization and control of animals are most important. Also important are such emerging programs as Pet Facilitated Therapy (PFT) for the elderly. The new addition is not planned with the idea that more animals will be housed within its walls. National trends, discussed in the previously mentioned Feasibility Study, indicate that the Animal Humane Society of Hennepin County need not pl an to handl e a si gni fi cant i ncrease i n animal s even though a modest increase is expected in the human population of Hennepin County. In order to comply with currently zoned parking requirements, the Society has taken several steps which follow the advice of Golden Valley's City Planning Department. They include: - Appropriation of a cross-parking agreement with neighbor Graco, Inc. This agreement applies only to the Society while the Society and Graco, Inc. occupy their present locations and acts as a provision for over- flow parking on rare occasions three to four weekends a year. . �` • NARRATIVE FOR GOLDEN VALLEY CONDITIONAL USE PERMIT APPLICATION Page Two � � - Conformance to setback requirements and provision of the number of parking spaces required by the zoning code for this site. This is based on the parking requirements interpreted by the City Planner and Director of the Department of Zoning (outlined in attached CMA Memo #27) , the attached Zoned Parking Requirements Analysis dated December 9, 1985 and revised January 28, 1986, and an updated site plan dated November 10, 1986 showing these required spaces. This plan demonstrates to the City how conforming parking can be achieved should it ever become necessary. - Analysis of the actual use of the parking spaces within the site. The Society has documented the actual usage and need for spaces between the periods of May 1 through October 27, 1985. This data covers some of the most active months of the Society's business and shows that the heaviest use of parking facilities occurs on Saturdays and Sundays. It shows that the number of actual needed spaces for the Society at most times totals a maximum of 80 spaces, as shown on the site plan submitted with the Conditional Use Permit Application. The Animal Humane Society of Hennepin County is interested in continuing to be a good neighbor in its present location. The addition planned and designed by CMA carries the theme of the existing architecture and tries to improve the existing site by adding landscaping to previously unused spaces. It is the Society's intention to maintain the standards set by developments in the Golden Valley � area and to conform to the requirements of the Zoning Ordinance. � � CARLSON MJORUD ARCHITECTURE LTD. Addition and Remodeling for the A�IMAL HUMANE SOCIETY OF HENNEPIN COUNTY 845 Meadow Lane North Minneapolis, Minnesota 55422 ZONED PARKING REQUIREMENTS ANALYSIS December 9, 1985 Revised: January 28, 1986 Total Building Space: 46,340 SF Office Areas: Main Administration Offices 5,220 SF Adoption Area Administration Office 110 SF Education Office 594 SF P.F.T. Office 255 SF Volunteer Coordinator Office 96 SF Adoption/Sales Counter 420 SF Exam Office 115 SF Kennel Office 110 SF • Field and Cruelty Office 225 SF Receiving 230 SF Employees Toilet and Lockers 750 SF Employees Lounge 355 SF Office Areas Sub-Total 8,480 SF Parking Required (1 space per 250 SF): 34 Spaces Education/Training Space 3,780 SF Kennel , Ward, Storage, Garage and _ Mechanical Space 34,080 SF Other Areas Sub-Total (Net) 37,860 SF Parking Required (1 space per 500 SF): 76 Spaces Total Parking Spaces Required: 110 Spaces Total Parking Spaces Provided: 120 Spaces � ,'�I: . �� ':;l. - ,�� • Garlson Mjorud Architecture Ltd. 1�0 Shelard Parkway Minneapolls,Minnesota 55426 612/546-3337 PROJECT #85107 DATE: November 1, 1985 PROJECT MEMO: #27 PROJECT: Addition and Remodeling for the ANIMAL HUMANE SOCIETY 4F HENNEPIN COUNTY 845 Meadow Lane North Minneapolis, Minnesota 55422 SUBJECT: Meeting with City Officials RE: Parking Requirements � PRESENT: Cit of Golden Valle Mark Grimes, L oyd Becker Animal Humane Society A1 Stensrud Carlson Mjorud Architecture Ltd. �oru , . nn azzare a BY: Ann Mazzarella A meeting was held at the offices of the City of Golden Valley to discuss how the Animal Humane Society could best meet zoned parking requirements for its building use and present site. 1. The Architect described how the present number of parking spaces (66 ordinance conforming spaces) falls short of the previously interpreted zoning requirement for 120 cars at the Society's site. • ' PROJECT MEMO: #27 � Date: November 1, 1985 Page Two 2. A1 Stensrud distributed reports showing the actual usage and need for parking spaces at the Animal Humane Society. This documentation covers the time from May 1 through October 27, 1985. It lists the numbers and averages of cars in the Society parking lots per hour per day and also the most and least cars in the lots per hour per day. According to Mr. Stensrud, this data covers some of the most active months of the Society's business and shows that the heaviest use of parking facilities occurs on Saturdays and Sundays. 3. The parking agreement between the Animal Humane Society and Graco, Inc. was mentioned. This agreement applies only to the Society while the Society and Graco, Inc. occupy their present locations and acts as a provision for over-flow parking on rare occasions three to four times a year. 4. The Architect stressed that the Animal Humane Society has been in existence for almost 100 years and is strongly committed to its present location in Golden Valley. The location is convenient for serving the entire Hennepin County area. The Society building itself is designed for a specific use (warehousing animals) that is not easily converted to other uses. There is no perceived intention to ever use the building or � site for any other purpose other than as an Animal Humane Society. 5. According to Mr. Grimes and Mr. Becker, parking requirements can be calculated as follows: a. Kennels: 1 parking space per 500 square feet of area. b. Administration: 1 parking space per 250 square feet of area. c. Adoption & Receiving: 1 parking space per 500 square feet of area. d. Education & Training Space: 1 parking space per 500 square feet of area. 6. Following the requirements, the Architect has been directed to design a site plan including the new building area showing proof of the ability to include all required parking on-site, conforming to present setback requirements. (Only the parking considered necessary for Society use would be built initially.) 7. If the Society is able to fit all parking on-site, then appearance before the Board of Zoning Appeals will not be necessary. The Society would then be in conformance with the Zoning Ordinance. However, Mr. Grimes said that a conditional use permit must be obtained if the Society intends to construct any new building additions. 8. Mr. Grimes said that the City of Golden Valley is interested in even- • tually providing a good gateway to the Animal Humane Society site. However, he said the City knows of no development being planned in the vicinity of the Humane Society at this time. • PROJECT MEMO: #27 Date: November 1, 1985 • Page Three 9. The City has had no contact with Chester Yanick of M.A. Mortenson Co. for three to four months. M.A. Mortenson Company does not have a contract with the City of Golden Valley to develop the North Wirth Development area. Other developers would be considered if they had worthwhile development plans for this area. BAM/mcp 11/1/85 cc: A1 Stensrud (3) Barbara Koch Bill Hines Len Olson Cheryl Bazinet Ackman Francis Knoblauch Dr. William Maher Lloyd Becker Mark Grimes Wentz (2) � BKBM CMA (2) � .: ( Z400� . I I , Crtti oi Mpls. i t • � I i i - ' i I . (iZ�� ,I . M N � 5 R.R. 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''r,� ' � t:�ca>ec� b,',�/�� o_ a� �' aa ' a a 60 �s 5 a o �s ' ;r J �'rio`°:,a y.a �,.� ee ' ,, � ti .n 4:'4.� �`'� 8. �LSnN '° #4FM[)RtAI a.IWY � �' ' '°�" a�so su3� �oon •� • November 5, 1986 T0: Golden Valley Planning Commission FROM: Alda Wilkinson, City Planner SUBJECT: Discussion of City Document Readability and City Planning Process Attached is a memorandum prepared by Commissioner McAleese suggesting Planning Commission projects aimed at improving readability of City documents and at clarifying the City planning process. The Planning Commission received this memorandum at the October 27, I986 Planning Commission meeting and directed staff to schedule discussion at the next meeting. Also attached as background to discussion of language used in City documents is a proposal for recodifica- tion of the City Code. The budget allocation for recodification was based on the attached proposal . � Attachments: 1. October 23, 1986 Memorandum from Kevin McAleese 2. July 24, 1986 Proposa7 from Municipal Ordinance Codifiers, Inc. • October 23. 1986 � Toa Planninq Commission and 8taff • F�omo Kevin McAleese Subjecta Revisio� of 2010 Review Schedule Because we hope for publ3c input at the Novembe� 20 Town Meeting� the Planning Commission's 2010 project is effectively stalled until after that date. It seems unrealiatic to expect much progress during the month of December. Accordingly, I suggest we suspend the formal continuation of the 2014 process until our first meeting in January. I believe the Town Meeting w311 keep us occupied throughout Octobe� and November. I also wish to propose two interim project�. �itv Code My fir$t proposai relates to makinp city document� more readabie <item J4 of our 2010 liat) . I wi�h to remove this item from our �410 agenda for immediste consideration. � The recently approved city budget contains #20�000 for recodification of the Golden Vaily City Code. Th� purpose of �ecodifying is to simplif y the structure of the code. I believe, however, that recodification aiso offers a perfect opportunity f or simplifying the language of the cod�. I hope you agree. I request that the Planning Commission f ormally recommend to the Council impiementation of a plain language policy f or the cod� revision. I suggest the foliowing actionsa i. Give me a thumbs up o� thumbs down at our October 27 meeting. 2. Set a date f or Planninq Commission discussion of a plain language policy. Even if you do not believe the Planning Commission should act on this matter, I would be interested in your idess regarding the scope of a plain language policy, and the ways such a policy might b� implemented. Also, do you believe the Planning Commission $hould have any role in �evi�ion of th� zoning code� etc, portions of the code? � -i- Plannina Process ! 8ecause of our �Oia project and my participation on the Town Meeting Committe�. I have had the opportunity to do a• qreat deai of thinkinq ebout pianninp. This has led to a chronic headache� and a vague feeling of unease. I desperately need answers to the f ollowing questionss 1. What is the �ole of the Planning Commission as we perceive it? 2. What is the Council's view of the Commission? 3. Are we fulfilling our role? 4. What is the purpose of the comprehensive plan? 5. I� the plan fulfillinq its purpose? 6. What structu�ai or procedurai changes� if any, should be made to improve our performance? I wouid like to address the�e questions in a �tudy meeting. Do you agree? ###**##**###*# CONGRATULATIONS! ###**###�#*#*# � Congratulations� Alda, on the completion of your master� degree � -2- �.� - 9-3-86 , CITY OF GOLDEN UALLEY PLANNING COMMISSION BRAINSTORMING SESSION � GOLDEN VALLEY IN 2010 July 14, 1986 A. Identity *A1. Create Golden Valley identity A2. Corporate and business identities say Golden Valley *A3. Golden Valley school system within city limits *A4. "Valleydale" B. Beautification *B1. Encourage city-wide beautification *62. Underground utilities, i.e. power, telephone 63. Benches, flowerbeds and landscaping, especially Valley Square and creek 64. Beautification of Bassett Creek C. Land Use *C1. �lending of uses vs. separation of uses C2. Low city-scape profile C3. Well planned I-394 C4. Buy gasoline, get car repaired and get dry cleaning done � *C5. Preserve existing undeveloped open space (quantity) (zero balance) • D. Housin9 *D1. Minimum of 10% of homes on the market made available to first time homeowners *D2. Neighborhood scale daycare D3. Accessory housing (inter-generational) D4. Maintain quality of housing stock D5. Approved list of contractors, subcontractors *D6. Neighborhood scale congregate elderly housing E. Recreation *E1. Full and balanced range of activities (outdoor pool , community center, movie theater, etc. ) *E2. Safe pedestrian network and bikeways . E3. Public access to Sweeney Lake and Twin Lake E4. Horse stable at Brookview with bridle paths E5. Horse manure turned into energy, heat, electricity, fertilizer (Relates to E4) E6. Open season on geese at Brookview E7. Give us Wirth Park back E8. Sell Wirth Park for $ . _� F. Transportation • *F1. Efficient, local public transit system intra-city and inter-city F2. No new major arteries and bridge across major arteries to maintain neighborhood � F3. Improve north-south access F4. Easing of traffic on Winnetka by relocation of Post Office and McDonald's within Valley Square area G. Utilities/Services G1. Infrastructure (utilities, etc. ) well maintained ' G2. Improve quality of drinking water G3. Curb and gutter on every street G4. Handicap accessibility to all sidewalks and public buildings *G5. Curb-side pickup of recyclables and hazardous waste (regular pickup) G6. Snow removal by snow melt system *G7. Localize social services *G8. Day care facilities adequate to meet demand H. Public Safety H1. All houses covered by "Crime Watch" H2. Investigate crimes and analyze - no plea bargains H3. Establish criminal justice diversion system *H4. Establish neighborhood dispute resolution system (mediation board) H5. Eliminate or control hazardous wastes and subsequent dangers • *H6. Valley Square area amendable to pedestrian traffic through use of stop lights and zig-zagging streets to discourage through auto traffic, sidewalks on all streets, walkways between shopping centers and major free-standing stores, and access to linear shopping center stores from two directions I. Economy I1. 35,000 jobs by Year 2000 I2. Reduce property taxes by 50% - 75% J. City Government J1. Double citizen participation in government and increase citizen access J2. Annual town meetings J3. Enhance neighborhood communication *J4. City documents readable K. Miscellaneous K1. Continuing education facility • • 7400 lyndale Avenue South MUNICIPAL ORDINANCE CODIFIERS, INC. Minneapolis, Minnesota 55423 6P8CIAL15T5 IN CMARTBR REVISION AND ♦re,a �OJe GI1 i� u v s ORDINANC!COOIFICATION[KCLUSIVELY ROR MINNH60TA 60VERNMRNTAL UNIT8 869-2403 July 24, 1986 Ms. Judy Nally Deputy City Clerk City Hall 7800 Golden Valley Road Golden Valley, MN 55427 Dear Ms. Nally: Thank you for taking the time to discuss codification with me on July 18. We enclose our Proposal, in duplicate. We also enclose names of references whom you may wish to contact. • As stated in our conversation your choice of a codifier should be based on the objectives you seek to accomplish. A number of firms simply rearrange present ordinance provisions, remove over- lapping, eliminate the obsolete, and term the service "codifica- tion". We have recodified cities where the work was done in this manner and it has ultimately been found unsatisfactory and a wasted investment. Over the years we have refused to succumb to such procedures although they are much less difficult and time- consuming. Our Proposal includes two day-long face-to-face conferences involving City administration, staff, and Council representation in both laying the foundation for drafting and making final decisions as to matters to be included. These conferences are absolutely essential to success for, after all, who are the people in the best position to determine the neec]s of the City. The conferences also afford us an opportunity to submit provi- sions which the City presently does not have but which are both desirable and authorized by Minnesota statutes. You may recall my statement that you could obtain less expensive proposals. We make no apology for we know there is no shortcut to producing a quality Code. Only by r7iligently following the procedure outlined in our Proposal can we assure you that, with a minimum of normal maintenance, you will have a workable Code that • never requires recodification. • Ms. Judy Nally -2- July 24, 1986 If our Proposal is accepted will you please insert the title of the person with whom we are to correspond and have one of the enclosed documents executed and returned to us. In the meantime, if we can provide you with any additional information feel free to call upon us. Very truly yours, MUNICIPAL ORDINANCE CODIFIERS, INC. , Rodger . Jensen, Counsel REJ/ag Encls. • • • 7400 Lyndale Avenue South MIINICIPAI ORDINANCE CODIFIERS, INC. Minneapolis, Minnesota 55423 6pHC1/�LIBTS IN CMARTER 11EY1810N AND A�ea Code 612 ORDINANCE CODIFICATON H%CLUBIV6L� iOR MiNNHSOTA 60VHRNMFNTAL UNiTB 869-2403 The following are references that you may wish to contact to inquire with reference to our firm: AUSTIN: Darrell Stacy City Administrator 500 Fourth Avenue Northeast Austin MN 55912 Phone: (507) 437-7671 EAGAN: Thomas Aedges City Administrator City Hall � 3830 Pilot Rnob Road Eagan, MN 55122 Phone: (612) 454-5100 (Mr. Hedges was City Administrator of St. Peter when we codified that City. When he moved to Eagan he again called upon us for codification of that City. ) RED WING: Burton C. Will City Clerk-Treasurer City Hall Box 34 Red Wing, MN 55065 Phone: (612) 388-6734 SHAKOPEE: Mrs. Judith S. Cox City Clerk City Hall 129 East First Avenue Shakopee, MN 55379 Phone: (612) 445-3650 OIf you wish to have additional references we will be happy to provide them upon request. . ORDINANCE CODIFICATION PROPOSAL * � * t TO THE CITY OF GOLDEN VALLEY, MINNESOTA ici�r) � � * ,� * FROM MUNICIPAL ORDINANCE CODIFIERS, INC. (CODIFIER) • � Introduction The Codifier hereby proposes to revise, rearrange and codify the ordinances of the City with such additions and deletions as may be necessary or desirable to provide a workable and current City Code. Upon acceptance of this Proposal by the City a copy of all present ordinances will be furnished to the Codifier, and codification will proceed as set forth below. Part 1 Codification and Procedure The Codifier shall first study the City's present ordinances and prepare a list of Code or Chapter topics, designation and sequence for approval. When approved Codifier shall review and catalog all present ordinances, list and categorize the ordinances required by law to be retained and perpetuated, together with those which it would be desirable to retain uncodified. Codifier shall then arrange for and hold a pre-draft conference in the City. This conference is ver important to a successful codi- fication. It shall be limited to one day and department heads should be on-call to discuss the topics of interest to their departments. Council members should also be notified and, if possible, participate. The purposes of the conference will be to review the City's present ordinances, to afford Codifier an opportunity to make suggestions for � updating and revising them, and to suggest new legislation that the City may wish to adopt and include in the City Code. This conference will provide Codifier with an outline for subsequent drafting. Thereafter, each Chapter shall be drafted by Codifier , type- written, and a copy forwarc]ed to the City upon completion. Drafts of individual Chapters may be forwarded, but not necessarily in sequence. A memorandum shall accompany each Chapter indicating sources of the provisions and calling attention to new provisions requested at the pre-draft conference. Zoning and subdivision ordinances shall not be prepared in draft form, but Codifier shall revise the format to con- form with the City Code and incorporate their provisions (and any amendments) into the Master Copy. Drafts may be photocopies. After City staff inembers have been afforded sufficient time for review and study of each Chapter and the draft as a whole, the Codifier shall arrange for and hold the post-draft conference in the City. This conference is, again, most important to success, limited to one day, and includes the same participants as the pre-draft conference. Its purpose is to make final revisions in the draft. Conference time will not permit a line-by-line consideration of the entire draft. However, it should afford an adequate opportunity to discuss problems, suggestions, changes and explanation of specific provisions as noted by reviewers. City participants in post-c7raft conference shall make all decisions and instruct Codifier as to final Qrevisions in the Code draft, and also decide at that time the size of the printed pages. -2- . • � . t � Draftin new or review and substantive revision of an zonin and 9 Y 9 subdivision ordinances are not included in this Proposal. However, the Codifier shall include specifically requested changes, but shall not be required to participate in necessary hearings. Codifier shall prepare a Foreword for the City Code with appro- priate historical notes. The text of the Foreword shall be submitted to the City for approval. Part 2 Time Lapse and Interim Ordinances Between the time that drafting is commenced and the Master Copy is clelivered to the City, time is considered of the essence and neither the City nor the Codifier shall cause any unreasonable delay. Such delay could cause the Code to become "stale". Accordingly, the project should move forward expeditiously but not without reasonable time being afforded to complete the work then to be performec7. Copies of all ordinances adopted by the City before the pre-draft conference shall immediately be forwarded to the Codifier for inclu- sion in the draft. Between the pre-draft and post-draft conferences only essential ordinances shall be adopted but those, too, shall be forwarded to Codifier and included. Between the post-draft conference � and the effective date of the City Code (generally no more than 60 days) no ordinance shall be adopted by the City unless it is to be repealed by adoption of the City Code, or unless satisfactory arrange- ments can be made between the City and the Codifier. Part 3 Completion and Printing A draft of an adopting ordinance required by Minnesota law shall be prepared by the Codifier anc7 furnished the City with appropriate instructions. Codifier shall print a Master Copy of the entire City Code, as revised at the post-draft conference, including a topical Analysis and Sub-Analysis, on 8-1/2 x 11 inch paper camera-ready for offset printing, and forward it to the City via first class mail or Unitea Parcel Service. The City shall provide the Codifier, without charge, two bound copies of the Code upon completion. Coclifier shall furnish City staff with suggestions as to form and procedure for amending the City Code by making changes or additions. � -3- . , . Part 4 Price and Egpiration The contract price is $17,500.00, due on delivery of the Master Copy to the City. Provided, that payment shall not, in any event, be due before July l, 1987. This Proposal expires on October 1, 1986 unless previously accepted or extended by Codifier in writing. DATED: July 24, 1986. Rodger E ensen, President and Counsel MUNICIPAL RDINANCE CODIFIERS, INC. 7400 Lyndale Avenue South Minneapolis, Minnesota 55423 Designation and Acceptance • The (title) is hereby designated to correspond with Codifier, receive arafts and consider and approve Code topics and sequence, and approve the Foreword. THE FOREGOING PROPOSAL is hereby accepted by the City this day of , 19 Mayor (Title) � -4- , � SAMPLE ATTACHED TO PROPOSAL • Title Page • CEAPTER 11 LAND DSE REGIILATION (ZONING) 173 Section 11.01 Purpose. . . . . . . . . . . . . . . . . 173 r 11.02 Def initions. . . . . . . . . . . . . . . 173 .. ::: 11.03 General Provisions . . . . . . . . . . . 186 Subd. 1 Application . . . . . . . . . . . . . 186 Subd. 2 Non-Conforming Uses and Structures. . 186 Subd. 3 Lot Provisions. . . . . . . . . . . . 187 Subd. 4 Accessory Buildings . . . . . . . . . 187 Subd. 5 Required Yards and Open Space . . . . 188 Subd. 6 Annexec3 Territory . . . . . . . . . . 190 Subd. 7 Farming Operations. . . . . . . . . . 190 Subd. 8 Land Reclamation. . . . . . . . . . . 190 Subd. 9 Mining. . . . . . . . . . . . . . . . 191 Subd. 10 Soil Processing . . . . . . . . . . . 191 Subd. 11 Vacated Streets . . . . . . . . . . . 191 Subd. 12 Dwelling Units Prohibited . . . . . . 191 Subd. 13 Relocated Structures. . . . . . . . . 191 Subd. 14 Planned Unit Development. . . . . . . 191 Subd. 15 Townhouses. . . . . . . . . . . . . . 192 O Subd. 16 Single Family Homes . . . . . . . . . 193 Subd. 17 Fences. . . . . . . . . . . . . . . . 193 Subd. 16 Bulk Storage (Liquid} . . . . . . . . 194 Subd. 19 Zoning and Comprehensive Plan . . . . 194 Subd. 20 Apartments. . . . . . . . . . . . . . 194 Subd. 21 Floodway and Flood Plain District . . 195 Subd. 22 Residential Structures. . . . . . . . 195 11.04 Administration and Enforcement . . . . . 195 Subd. 1 Administrator . . . . . . . . . . . . 195 Subd. 2 Appeals . . . . . . . . . . . . . . . 195 Subd. 3 Variances . . . . . . . . . . . . . . 196 Subd. 4 Conditional Uses. . . . . . . . . . . 197 Subd. 5 Amendments. . . . . . . . . . . . . . 198 Subd. 6 Fees. . . . . . . . . . . . . . . . . 200 Subd. 7 Variances Recorded. . . . . . . . . . 200 11.05 Zoning Districts and Map . . . . . . . . 200 Subd. 1 Districts . . . . . . . . . . . . . . 200 Subd. 2 Map . . . . . . . . . . . . . . . . . 200 Suba. 3 Boundaries. . . . . . . . . . . . . . 200 Subd. 4 "R-1" One and Two Family Residential Distr ict. . . . . . . . . . . . . . . 201 Subd. 5 "R-2" One and Two Family Residential Distr ict. . . . . . . . . . . . . . . 203 • Subd. 6 "R-3" Multiple Family Residential Distr ict. . . . . . . . . . . . . . . 203 ; (5-20-65� Title Page � Section 11.05 Zoning Districts and Map Subd. 7 "R-4" Mobile Homes Residential Distr ict. . . . . . . . . . . . . . . 205 Subd. 8 "B-1" Limited Business District . . . 206 Subd. 9 "B-2" General Business District . . . 207 •� Subd. 10 "B-3" Freeway Business District .�. . 208 Subd. 11 "I-1" Industrial District (Light) . . 209 Subd. 12 "I-2" Industrial District (Heavy) . . 210 - Subcl. 13 All Permitted Uses, Etc . . . . . . . 211 11.06 Performance Standards. . . . . . . . . . 211 11.07 Special Provisions . . . . . . . . . . . 214 Subd. 1 Off-Street Parking and Loading Space s. . . . . . . . . . . . . . . . 214 5ubd. 2 Motor Fuel Stations . . . . . . . . . 221 Subd. 3 Drive-In Establishments . . . . . . . 223 Subd. 4 Planned Unit Development. . . . . . . 223 Subd. 5 Fall-Out and Blast Shelters . . . . . 225 Subd. 6 Access Driveways. . . . . . . . . . . 225 Subcl. 7 Additional Requirements, Exceptions and Modif ications . . . . . . . . . . 226 11.08 Mobile Home Requirements - General • Provisions . . . . . . . . . . . . . . . 228 11.09-11.49 Reserved 11.50 Flood Plain Management . . . . . . . . . 234 11.51 Statutory Authorization, Findings of Fact and Purpose. . . . . . . . . . . 234 11.52 General Provisions . . . . . . . . . . . 234 11.53 Establishment of Zoning Districts. . . . 237 11.54 Floodway District (FW) . . . . . . . . . 237 11.55 Flood Fringe District (FF) . . . . . . . 239 11.56 General Flood Plain District . . . . . . 241 11.57 Subdivisions . . . . . . . . . . . . . . 241 11.58 Public Utilities, Railroads, Roads, and Br idges. . . . . . . . . . . . . . . 241 11.59 Mobile Homes and Mobile Home Parks . . . 242 11.60 Administration . . . . . . . . . . . . . 242 11.61 Nonconforming Uses . . . . . . . . . . . 247 11.62 Amendments . . . . . . . . . . . . . . . 24g 11.63-11.98 Reserved 11.99 Violation a Misdemeanor. . . . . . . . . 250 • ii (5-20-85) CHAPTER 11 � LAND IISE REGIILATION (ZONING) � SECTION 11.01. PQRPOSE. These zoning provisions are adopted for the purpose of: (1) protecting the public health, safety, morals, comfort, convenience and general welfare; (2) dividing the City into zones and districts restricting and regu�.ating therein the location, construction, reconstruction, alteration, and use of structures anc] land; (3) promoting orderly development of the residential, business, industrial, recreational and public areas; (4) providing for adequate light, air, and convenfence of access to property by regulating the use of land and buildings and the bulk of buildings in relation to surrounding properties; (5) limiting congestion in the public rights-of-way; (6) providing for the - compatibility of different land uses and the most appropriate use of land throughout the City; (7) providing for the administration of this Chapter and amendments thereto; (8� defining the powers and duties of the administrative officers and bodies as provided hereinafter; and, (9) prescribing penalties for the violation of the provisions of this Chapter thereto. SEC. 11.02. DEFINITIONS. Unless the language or context clearly indicates that a different meaning is intended, the following words, terms anc3 phrases, for the purpose of this Chapter shall have the meanings and inclusions subjoined to them: 4 Subd. 1. The term "Administrator" means the person appointed as Zoning Administrator by the Council as provided by this Chapter. Subd. 2. The term "agricultural, rural" means an area in excess of ten (10) contiguous acres which is used for the production of farm crops such as vegetables, fruit trees, grain, and other crops and their storage on the area, as well as for the raising thereon of farm poultry, domestic pets, and domestic farm animals. The term °farming" includes the operating of such area for one or more of the above uses, including dairy farms with the necessary accessory uses for treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the farming activity, and provided further that farming does not include commercial pen feeding (feed lots) or the commercial feeding of garbage to swine or other animals. Subd. 3. The term "agricultural, urban" means an area less than ten (10) contiguous acres, which is used for the purpose of growing produce including crops, fruit trees, shrubs, plants and f lowers, vegetables and the like provided such produce is intended solely for the use of residents on the property or sale away from the property. It may include the raising of domestic pets. It shall not include roadside stand for sale of products processing or packaging operations, or similar uses. 173 (5-20-85) � � 11.02 � Subd. 4. The terms "airport" or "heliport" mean only land or structure, which is used or inten8ed for use, for the landing and take-off of aircraft, and any appurtenant land or structure used or intended for use for port buildings or other port stxuctures or rights-of-way. .. :� Subd. 5. The term "alley" means a public right-of-way which affords secondary means of access to abutting property. Subd. 6. The term "animals" means: A. Domestic Pets: Fish, dogs, cats, birds, and similar animals. B. Domestic Farm Animals: Cattle, hogs, horses, bees, sheep, goats, chickens, and other commonly known farm animals. Subd. 7. The term "apartment" means a room or suite of rooms with cooking facilities available which is occupied as a residence by a single family, and including buildings with three (3) or more dwelling units. Subd. 8. The term "automobile repair, major" means the general repairable building or reconditioning of engines, motor vehicles or trailers, including body work, framework, welding and � major painting service. Subd. 9. The term "automobile repair, minor" means the replacement of any part or repair of any part which does not require the removal of the engine head or pan, engine, transmission or differential; incidental body and fender work, minor painting and upholstering service when said service above stated is applied to passenger automobiles and trucks not in excess of seven thousand (7,000) pounds gross vehicle weight. Subd. 10. The term "auto or motor vehicle reduction yard" means a lot or yard where one (1) or more licensed motor vehicles, or the remains thereof, are kept for more than seven (7� days for the purpose of dismantling, wrecking, crushing, repairing, rebuilding, sale of parts, sale as scrap, storage, or abandonment. Subd. 11. The term "basement" means a portion of a building located partly underground and having one-half (1/2) or less of its floor to ceiling height below the average grade of the adjoining ground. Subd. 12. The term "boardinghouse" means a building other than a motel or hotel where, for compensation and by pre- arrangement for definite periods, meals, or lodgings are provided for three (3) or more persons, but not to exceed eight (8) persons. � � 174 (5-20-85) S 11.02 �' Suba. 13. The term "building" means any structure having a roof which may provide shelter or enclosure of persons, animals � or chattel. When said structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building. SubB. 14. The term "builaing height" means the vertical distance from (a) the average elevation of the adj�?ining ground level, or (b) the establishea grade adjacent to the building, whichever is lower to the top of the cornice of a flat zoof, to the r7eck line of a mansard roof, to a point of the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch type roof, to the highest gable on a pitched or hip roof. Subd. 15. The term "business" means any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials, or where services are offered for compensation. Subd. 16. The term "carport" means an automobile shelter having one or more sides open. Subd. 17. The term "cellar" means that portion of a building having more than one-half (1/2) of the floor to ceiling height below the average grade of the adjoining ground. 4 Subd. 18. The term "church" means a building together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. Subd. 19. The terms "club" or "lodge" mean a non-profit association of persons who are bona fide members paying annual dues, use of premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises providing adequate dining room space and kitchen facilities are available. Subd. 20. The term "commercial feed lot" means an area where fifteen (15) or more animals per acre are fed solely for purpose of wholesale or retail sale. Subd. 21. The term "commercial kennel" means any premises where three (3) or more dogs, at any one time, over six (6) months of age, are owned, boarded, bred or offered for sale. Subd. 22. The term "commercial recreation" means bowling alley, cart track, jump center, golf, pool hall, vehicle racing for amusement, dance hall, skating, tavern, theatre, firearms range, and similar uses. � 175 (5-2Q-85) , CHAPTER 5 ' CONSTRUCTION LICENSING, PERMITS AND REGULATIONS � 1 BOILDING CODE ADOPTSD. The Minnesota State SECTION 5.0 . Bu3lding Code (SBC) , including Appendix C-Technical Organizations, and, (1) Flood Proofing Regulations, Sections 201.2-208.2; (2) 1982 Un�form Building Code, Chapter 1-Life Safety Requirements for Existing Buildings, Chapter 38-Basement Pipe Inlets for Sprinkler Systems, Chapter 55-Membrane Structures (Air-inflated structures) , and Chapter 70-Excavation and Grac]ing; (3) Minnesota Plumbing Code Appendix C-Guide for Sizing the Water Supply System, Appendix D- Sizing the Builc7ing Water Supply System; and, (4) 6 MCAR, Sec. 4.8040-Individual Sewage Treatment Standards by the Minnesota Po2lution Control Agency, are hereby adopted by reference as though set forth verbatim herein. One copy of said Code shall be marked � CITY OF LITTLE FALLS - OFFICIAL COPY and kept on file in the office of the City Administrator and open to inspection and use by the public. S$C. 5.02. BDILDING PERMITS REQOIRED. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, impzove, remove, convert, or de molish any building or structure, or any part or portion thereof, including, but not limited to, the plumbing, electrical, ventilating, heating or air conditioning systems therein, or cause the same to be done, without first obtaining a separate building or mechanical permit for each such building, � structure or mechanical components from the City. SEC. 5.03. PERMIT FEES. Fees for permits under this Chapter, which may include a surcharge, shall be determined by the Council and fixed by its resolution, a copy of which shall be in the office of the City Administrator and uniformly enforced. SEC. 5.04. PERMITS AND SPECIAL REQUIREMENTS FOR MOVING BIIILDINGS. Subd. 1. Def inition. "Street" or "Streets" as used in this Section means all streets and highways in the City which are not State trunk highways, County State-aid highways, or County roads. . Subd. 2. Moving Permit Required and Application. A. It is unlawful for any person to move a building on any street without a moving permit from the City. B. The application for a moving permit shall state the approximate size and weight of the structure or building proposed to be moved, together with the places from and to which it is proposed to move the same, and proposed route to be followed, proposed dates and times of moving and parking, and the name and address of the proposed mover. Such application shall also state � any municipal utility, street, and public property repairs or alterations that will be required by reason of such movement. 73 (5-20-85) b � § 5.04 . Subd. 3. Permit and Fee. The moving permit shall state � date or c7ates of moving, hours, routing, movement and parking. Permits shall be issued only for moving buildings by building movers licensed by the State of Minnesota. Fees to be charged shall be separate for each of the following: (1) a moving permit fee to cover use of streets and route approval, ana (2) a fee equal to . the anticipated amount required to compensate the City for any municipal utility and public property (other than stY-eets) repairs or alterations occasioned by such movement. The latter shall be paid in advance. Subd. 4. Building Mover Requirements. The building mover shall: A. Use Designated Streets. Move the building over those streets only, which are designated for such use in the permit. B. Notify of Revised Moving Time. Notify the City in writing of any desired change in the date or times of moving the building from that indicated in the application and conduct moving operations only on the date and at the times designated in the application or approved in writing by the City and notify the Police Department at least 24 hours prior to commencing movement of the building. C. Notify of Damage. Notify the City in writing of � damage caused to property belonging to the City within 24 hours af ter the damage or injury has occurred. D. Display Lights. Cause warning lights or signals to be displayed during all times on each s.ide of the building; while situated on a public street, in such manner as to warn the public of an obstruction, and at all times erect and maintain barricades across such streets as shall be necessary and in such manner as to protect the public from damage or injury by reason of the presence, movement or removal of the building. E. No Parking. Not park the building on any City street at any time during the moving process. F. Comply With Governing Law. Comply with the Building Code, the provisions of the City Code and all other laws. G. Pay Expense of Officer. Pay to the City the expense of any traffic officer ordered by the City Administrator to accompany the movement of the building to protect the public from injury. Subd. 5. Owner 's Permit Required and Application. A. It is unlawful for any owner of land in the City Q to or from which a building is to be moved to per mit such movement without an owner's permit. � (5-20-85) 74 � . § 5.04 � B. Application. A person seeking issuance of an � ` owner's permit shall file a written application with the City. If no moving permit is required under this Section, the application e shall also inclu8e the address and legal description of the land on which the building is situatec7, and if within the City, to which it is proposed to be moved, the route, including identification of streets or roads over which it is to be movec7, the distance, the proposed date of movement, and such other information as the City sh�all require for the determination to be made he�eunder. The application shall not be accepted for filing unless accompanied by the following: l. Evidence that all real estate taxes and special assessments against the building and land from which it is to be removed are paid in full. 2. A written statement, bill of sale or other written evidence that the applicant is entitled to move the building. 3. Written evidence of arrangements with all public utility companies whose wires, lamps or poles are required to be removed, for the removal thereof by the applicant. 4. Payment of the permit fee. 5. If the building is to be located within the City after its movement, a survey by a licensed surveyor of the land to which the building is to be movec7, including the location of the building in relation to the boundaries of the land. � 6. If the building is to be located within the City after its movement, photographs of (1) two or more views of the building to be moved; (2) the lot on which the building is to be located; and, (3) the lands, and structures thereon, adjacent to the lot on which the building is to be located. C. Council - Public Hearing. 1. Where applicant requests the moving of a building to a location within the City, the Council shall hold a public hearing on whether a permit shall be issuec3 not later than 60 days after the application has been accepted for filing. Notice, including the time, date, place and purpose of the hearing shall be given by publication and by mailing to the owners of real property situated within 300 feet of the land to which the building is to be moved at least ten days pr ior to the date of the hear ing. Notice containing the same information shall be post�d at the City Aaministrative Offices not less than 10 days prior to the date of the hearing. Failure to give mailed notice or any defect in the notice shall not invalidate the hearing or any proceedings taken thereat. 2. Not later than five days after conclusion of the hearing the Council shall either deny the permit in writing stating one or more of the grounds stated in Subdivision' 9 of this Section, or authorize issuance of a perinit. 75 (5-20-85)