07-07-15 - City Council Agenda Packet (entire) AGENDA
Regular Meeting
of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
July 7, 2015
6:30 pm
The Council may consider item numbers 1, 2, 3, 5 and 6
prior to the public hearings scheduled at 7 pm
1. CALL TO ORDER PAGES
A. Roll Call
B. Pledge of Allegiance
C. Board/Commission Oath of Office and Presentation of Certificate of Appointment:
Roger Bergman, Northwest Suburbs Cable Communications Commission
2. ADDITIONS AND CORRECTIONS TO AGENDA
3. CONSENT AGENDA
Approval of Consent Agenda - All items listed under this heading are considered to be
routine by the City Council and will be enacted by one motion. There will be no
discussion of these items unless a Council Member or citizen so requests in which
event the item will be removed from the general order of business and considered in its
normal sequence on the agenda.
A. Approval of Minutes
1. Special Council/Manager Meeting - June 16, 2015 3
2. City Council Meeting - June 16, 2015 4-10
3. Special Council/Manager Meeting - June 29, 2015 11
4. Council/Manager Meeting - June 9, 2015 12-15
B. Approval of Check Register
1. City 16
2. Housing and Redevelopment Authority 17
C. Licenses:
1. Solicitor's License - LTO Enterprises Inc. d/b/a Approved Exteriors 18-20
2. Gambling License Exemption and Waiver of Notice Requirement - Edina Rotary 21-23
Foundation
D. Minutes of Boards and Commissions:
1. Planning Commission - June 8, 2015 24-30
2. Board of Zoning Appeals - May 20, 2015 31-38
3. Human Rights Commission - May 26, 2015 39-41
4. Joint Water Commission - March 12, 2015 42-44
5. Bassett Creek Watershed Management Commission - April 16, 2015 45-53
E. Bids and Quotes:
1. Award Contract for Schaper Pond Division Project 54-55
2. Award Contract for Fire Alarm System and Monitoring Project 56-57
3. Award Contract for 2015 Sandburg Learning Center Athletic Field Irrigation 58-59
Installation
4. Award Contract for 2015 Sandburg Learning Center Athletic Field Fencing 60-61
Installation
3. CONSENT AGENDA - CONTINUED
F. Approve Requests for Beer and/or Wine at Brookview Park 62-63
G. Authorize Agreement with WSB & Associates for Final Design and Construction 64-77
Services for Honeywell Pond Project
H. Acceptance of Donation from Golden Valley Federated Women's Club 15-60 78-79
I. Authorize Statement of Work Requested with Xcel Energy for Power Line Burial on 80-86
Douglas Drive Corridor Reconstruction Project
J. Authorization to Sign School Resource Officer Agreement with Independent School 87-90
District 281
K. Receipt of Notice of Metropolitan Council Action Comprehensive Plan Amendment - 91-92
9000 and 9050 Golden Valley Road
4. PUBLIC HEARINGS 7 PM
A. Public Hearing to Vacate Easement at 6161 Golden Valley Road 15-61 93-96
B. Public Hearing - Ordinance #562 - Amending Section 11.04 Temporary Uses 97-120
regarding Mobile Food Vendors
C. Continue Public Hearing - Amending Chapter 11: Land Use Regulation regarding 121
Cocktail Rooms, Distilleries and Micro-Distilleries
5. OLD BUSINESS
6. NEW BUSINESS
A. First Consideration - Ordinance #563 - Amendment to City Code Regarding the 122-236
Golden Valley Property Maintenance Code
B. First Consideration - Ordinance #564 - Amendment to City Code Regarding 237-270
Licensing of Rental Housing
C. First Consideration - Ordinance #565 - Amendment to City Code Regarding 271-313
Administrative Citations
D. First Consideration - Ordinance #566 - Mobile Food Vending and Administrative 314-319
Citation Fee Schedule
E. Approval of Plat - Golden Valley CenterPoint Addition PUD No. 122 15-62 320-323
F. Announcements of Meetings
G. Mayor and Council Communications
7. ADJOURNMENT
City of UNOFFICIAL MINUTES
goldbi SPECIAL COUNCIL/MANAGER MEETING MINUTES
valleyCOUNCIL CONFERENCE ROOM
GOLDEN VALLEY, MINNESOTA
June 16, 2015
Mayor Harris called the meeting to order at 5:05 pm
The following members were present: Mayor Harris, Council Members Clausen, Fonnest,
Schmidgall and Snope. Also present were: Springsted Inc. Sr. Vice President Dave
Unmacht, City Manager Burt and Assistant City Manager Knauss
Mr. Unmacht reported Springsted, Inc. had received 22 applications for the Golden Valley
City Manager position as of this afternoon.
The Council discussed the process for hiring the City Manager position and came to the
consensus on the following timeline and participants:
Monday, July 13, 2015 from Noon - 8 pm
Semi-finalists interview with a subcommittee made up of Council Members Clausen
and Snope, Dave Unmacht and Chantell Knauss
Wednesday, July 22 from 6:30 - 8 pm
Finalist Open House for Board/Commission members, public and staff
Thursday, July 23 from 1 - 7 pm
Finalist interviews with the full City Council and the Management Team
The meeting adjourned at 5:51 pm.
Chantell Knauss
Assistant City Manager
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1. CALL TO ORDER
Mayor Harris called the meeting to order at 6:30 pm.
1 A. Roll Call
UNOFFICIAL MINUTES
CITY COUNCIL MEETING
GOLDEN VALLEY, MINNESOTA
June 16, 2015
Present: Mayor Harris, Council Members Clausen, Fonnest, Schmidgall and Snope. Also
present were: City Manager Burt, Acting City Attorney Garry and Administrative Assistant
Nally.
1 B. Pledge of Allegiance
1 C. Presentation of Certificate of Recognition - Representative Ryan Winkler
Mayor Harris presented a Certificate of Recognition to Representative Winkler. Council
thanked Representative Winkler for his years of service.
1 D. Receipt of Community Partnership Grant from CenterPoint Energy
Fire Chief Crelly and Battalion Chief Bence introduced the agenda item.
Mr. Dave Long, CenterPoint Energy, presented the City with a $2,500 Community
Partnership Grant to be used towards the purchase firefighter protective equipment including
hoods, safety vests and multi -gas meters.
The Council thanked CenterPoint Energy for their grant.
MOTION made by Council Member Clausen, seconded by Council Member Snope to adopt
Resolution 15-54, accepting donation from CenterPoint Community Partnership Grant upon
a vote being taken the following voted in favor: Clausen, Fonnest, Harris, Schmidgall and
Snope; and the following voted against: none, and the motion carried.
2. ADDITIONS AND CORRECTIONS TO AGENDA
MOTION made by Council Member Fonnest, seconded by Council Member Clausen to
approve the agenda of June 16, 2015, as submitted and the motion carried.
3. APPROVAL OF CONSENT AGENDA
MOTION made by Council Member Fonnest, seconded by Council Member Clausen to
approve the consent agenda of June 16, 2015, as revised: removal of 3H -Approve Natural
Resource Management Plan and the motion carried.
3A. Approve Minutes of the City Council Meeting - June 2, 2015
31131. Approve City Check Register and authorize the payments of the bills as submitted.
31132. Approve Housing and Redevelopment Authority Check Register and authorize the
payments of the bills as submitted.
3C1. Receive and file the gambling license exemption and approve the waiver of notice
requirement for Children's Health Care Foundation.
3C2. Approve solicitor's license for R G Enterprises Inc.
3C3. Approve solicitor's license for North Country Food Alliance.
Unofficial City Council Minutes -2- June 16, 2015
3. APPROVAL OF CONSENT AGENDA - continued
3D. Accept for filing the Minutes of Boards and Commissions as follows:
1. Planning Commission - May 27, 2015
2. Open Space and Recreation Commission - March 23, 2015
3. Human Service Fund - May 11, 2015
4. Teen Committee - February 23, 2015
3E. Award Contract for the 2015 Asphalt Microsurface Project to the lowest responsible bidder,
Asphalt Surface Technologies Corporation, in the amount of $95,289.34.
3F. Receive and file the May 2015 Financial Reports.
3G. Approve requests for beer and/or wine at Brookview Park as recommended by staff.
Comprehensive Plan update.
31. Approve the issuance of an On -Sale Wine (including strong beer) and Non -Intoxicating
Malt Liquor License to New Bohemia GV, Inc. d/b/a New Bohemia Wurst & Bier Haus,
located at 8040 Olson Memorial Drive for the license period of July 1, 2015, through
June 30, 2016.
3J. Approve the Revised Bylaws for the Human Services Fund.
3K. Approve the renewal of the respective liquor licenses for the applicants listed below for
the license period of July 1, 2015, through June 30, 2016.
Club On -Sale and Sunday Sale: American Legion 523 d/b/a Chester Bird American
Legion Post 523 and VFW 7051/Golden Valley Post d/b/a Golden Valley VFW Post
7051.
31L. Adopt Resolution 15-55, Amending Resolution 15-01 Designating Depository for City
Funds.
3. ITEMS REMOVED FROM THE CONSENT AGENDA
3H. Approve Natural Resources Management Plan
Council Member Fonnest acknowledged receipt of the plan for the public.
MOTION made by Council Member Fonnest, seconded by Council Member Clausen to
approve the Natural Resources Management Plan and incorporate it into the 2018
Comprehensive Plan update and the motion carried.
4. PUBLIC HEARING
4A. MS4 General Permit, Storm Water Pollution Prevention Program, 2014 Annual
Report to the Minnesota Pollution Control Agency
Water Resources Technician Hoffman reviewed the staff report and answered questions from
Council.
Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the
public hearing.
MOTION made by Council Member Fonnest, seconded by Council Member Snope to adopt
Resolution 15-56, issuing a Negative Declaration of Need for Revisions to the Storm Water
Pollution Prevention Program upon a vote being taken the following voted in favor: Clausen,
Fonnest, Harris, Schmidgall and Snope; and the following voted against: none, and the
motion carried.
Unofficial City Council Minutes -3- June 16, 2015
4113. Public Hearing - Final PUD Plan CenterPoint Energy PUD No. 122 - 6161 Golden
Valley Road - CenterPoint Energy, Applicant
Associate Planner Goellner presented the staff report and answered questions from Council.
Mayor Harris opened the public hearing.
Mr. Dale Bates, 6140 Golden Valley Road, had questions regarding the building footprint size.
Mayor Harris closed the public hearing.
There was Council discussion regarding the Final PUD Plan for CenterPoint Energy located
at 6161 Golden Valley Road.
MOTION made by Council Member Fonnest, seconded by Council Member Clausen to adopt
Ordinance #559, Approval of Final PUD Plan, CenterPoint Energy PUD No. 122, CenterPoint
Energy, Applicant upon a vote being taken the following voted in favor: Clausen, Fonnest,
Harris, Schmidgall and Snope; and the following voted against: none, and the motion carried.
4C. Public Hearing - Preliminary PUD Plan for Cornerstone Creek PUD No. 124 - 9300
and 9310 Golden Valley Road - CHDC Cornerstone Creek LLC, Applicant
Planning Manager Zimmerman presented the staff report and answered questions from
Council. Acting City Attorney Garry and City Manager Burt answered questions from Council.
Ms. Elizabeth Flannery, President of Community Housing Development Corporation and Ms.
Anne Hope, Executive Director of Jewish Housing and Programming, answered questions
from Council. Mr. Todd Elkins and Mr. Scott Beckman, UrbanWorks Architecture, answered
questions from Council.
Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the
public hearing.
There was Council discussion regarding the Preliminary PUD Plan for Cornerstone Creek
LLC located at 9300 and 9310 Golden Valley Road.
MOTION made by Council Member Fonnest, seconded by Council Member Clausen to
approve the Preliminary Plan for Cornerstone Creek PUD No. 124 subject to the following
conditions and the addition of a ninth condition and the motion carried:
1. The plans prepared by UrbanWorks Architecture, submitted April 24, 2015, shall become
a part of this approval.
2. The recommendations and requirements outlined in the memo from the Fire Department,
dated May 18, 2015, shall become a part of this approval.
3. The recommendations and requirements outlined in the memo from the Engineering
Division, dated May 18, 2015, shall become a part of this approval.
4. All signage must meet the requirements of the City's Sign Code (Section 4.20).
5. The City Attorney will determine if a title review is necessary prior to approval of the Final
Plat.
6. The Final Plat shall include "P.U.D. No. 124" in its title.
7. A park dedication fee of $9,740, or 2% of the land value, shall be paid before release of
the Final Plat.
8. This approval is subject to all other state, federal, and local ordinances, regulations, or
laws with authority over this development.
Unofficial City Council Minutes -4- June 16, 2015
4C. Public Hearing - Preliminary PUD Plan for Cornerstone Creek - continued
9. To work with City Staff to explore safety options or considerations for residents on the
second floor.
In addition the Council makes the following findings pursuant to City Code Section 11.55,
Subd. 5(E):
1. Quality Site Planning. The PUD plan is tailored to the specific characteristics of the site
and achieves a higher quality of site planning and design than generally expected under
conventional provisions of the ordinance. By utilizing the PUD process, the applicant has
been able to accommodate three distinct but complementary uses on the site. Staff
believes this standard has been met.
2. Preservation. The PUD plan preserves and protects substantial desirable portions of the
site's characteristics, open space and sensitive environmental features including steep
slopes, trees, scenic views, creeks, wetlands, and open waters. The proposed project
protects 65 feet of undeveloped wooded area at the rear of the lot. Staff believes this
standard has been met.
3. Efficient - Effective. The PUD plan includes efficient and effective use (which includes
preservation) of the land. As a redevelopment of underutilized properties, the proposal
would make better use of existing infrastructure and help the area transition into a more
mixed use and pedestrian friendly environment. Staff believes this standard has been met.
4. Compatibility. The PUD Plan results in development compatible with adjacent uses and
is consistent with the Comprehensive Plan and redevelopment plans and goals. The
redevelopment of these two underutilized properties for affordable, life -cycle, multifamily
housing is consistent with the goals of the Comprehensive Plan. Staff believes this
standard has been met.
5. General Health. The PUD plan is consistent with preserving and improving the general
health, safety and general welfare of the people of the City. By providing a new and
innovative housing model, this proposal helps address a community, regional, and
statewide need. Staff believes this standard has been met.
6. Meets Requirements. The PUD plan meets the PUD Intent and Purpose provision and
all other PUD ordinance provisions. The flexibility provided by the PUD allows for a mix of
uses within the site and creates the opportunity for the establishment of a new multi-
purpose community space. Staff believes this standard has been met.
4D. Continued Public Hearing - Zoning Code Text Amendments Regarding Single
Family Residential (R-1) Side Setback Requirements
Planning Manager Zimmerman presented the staff report and answered questions from
Council.
Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the
public hearing.
There was Council discussion regarding the Zoning Code text amendment regarding Single
Family Residential (R1) Side Setback Requirements.
MOTION made by Council Member Schmidgall, seconded by Council Member Snope to adopt
Ordinance #560, Amending Chapter 11: Land Use Regulation (Zoning), Regarding Single
Family Residential (R-1) Side Setback Requirements upon a vote being taken the following
voted in favor: Fonnest, Harris, Schmidgall and Snope; and the following voted against:
Clausen, and the motion carried.
Unofficial City Council Minutes -5- June 16, 2015
6. NEW BUSINESS
6A. Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and
Providing for the Payment of:
1. $1,870,000 General Obligation Improvement Bonds Series 2015A.
2. $800,000 General Obligation Equipment Certificates of Indebtedness Series
2015B.
3. $6,695,000 General Obligation Improvement Refunding Bonds Series 2015C.
Finance Director Virnig introduced the item and Springsted Inc. President Kathy Aho who
reviewed the bids and answered questions from the Council.
MOTION made by Council Member Clausen, seconded by Council Member Snope to adopt
Resolution 15-57, authorizing issuance, awarding sale, prescribing sale, prescribing the form
and details and providing for the payment of $1,870,000 General Obligation Improvement
Bonds, Series 2015A upon a vote being taken the following voted in favor: Clausen, Fonnest,
Harris, Schmidgall and Snope; and the following voted against: none, and the motion carried.
MOTION made by Council Member Schmidgall, seconded by Council Member Snope to
adopt Resolution 15-58, authorizing issuance, awarding sale, prescribing sale, prescribing
the form and details and providing for the payment of $800,000 General Obligation
Equipment Certificates of Indebtedness, Series 2015B upon a vote being taken the following
voted in favor: Clausen, Fonnest, Harris, Schmidgall and Snope; and the following voted
against: none, and the motion carried.
MOTION made by Council Member Fonnest, seconded by Council Member Schmidgall to
adopt Resolution 15-59, authorizing issuance, awarding sale, prescribing sale, prescribing
the form and details and providing for the payment of $6,695,000 General Obligation
Improvement Bonds, Series 2015C upon a vote being taken the following voted in favor:
Clausen, Fonnest, Harris, Schmidgall and Snope; and the following voted against: none, and
the motion carried.
6B. Proposed Code Amendment to Section 7.28: Right -of -Way Management
Undergrounding
Public Works Specialist Eckman presented the staff report and answered questions from
Council. City Manager Burt answered questions from Council.
There was Council discussion regarding the proposed amendment to the Right -of -Way
Management Undergrounding ordinance.
MOTION made by Council Member Clausen, seconded by Council Member Fonnest to adopt
upon first consideration Ordinance #561, amending Section 7.28: Right -of -Way Management
of the City Code upon a vote being taken the following voted in favor: Clausen, Fonnest,
Harris, Schmidgall and Snope; and the following voted against: none, and the motion carried.
6C. Authorization to Sign PUD Permit and PUD Development Agreement -
CenterPoint Energy PUD No. 122
Planning Manager Jason Zimmerman presented the staff report and answered questions
from Council.
Unofficial City Council Minutes -6- June 16, 2015
6C. Authorization PUD Permit and PUD Development Agreement - continued
MOTION made by Council Member Fonnest, seconded by Council Member Snope to
authorize the Mayor and City Manager to sign the PUD Permit and Development Agreement
for CenterPoint Energy PUD No. 122 and the motion carried.
6D. METRO Blue Line Extension Update
Planning Manager Zimmerman presented the staff report and answered questions from
Council.
MOTION made by Council Member Clausen, seconded by Council Member Snope to receive
and file METRO Blue Line Extension Update and the motion carried.
6E. Announcement of Meetings
The Public Safety Open House will be held on June 17, 2015, from 6 pm to 9 pm at the
Golden Valley Police and Fire Stations.
Some Council Members may attend a Bottineau LRT Hennepin County Community Works
Committee meeting on June 18, 2015, at 1 pm at North Hennepin Community College.
The first Water Day at Scheid Park will be held on June 19, 2015, at 12:30 pm.
The quarterly Coffee with a Cop will be held on June 19, 2015, from 8:30 to 10:30 am at the
Courage Kenny Rehabilitation Institute.
The Golden Valley Fire Relief Street Dance will be held on June 20, 2015, from 5 pm to
midnight at the Chester Bird American Legion.
A Concert in the Park featuring the Plymouth Concert Band will be held on June 22, 2015, at
7 pm at Brookview Park.
Some Council Members may attend the Sochacki Park Partnership Kick off on June 25,
2015, from 6 to 8 pm at Sochacki Park.
Some Council Members may attend a neighborhood meeting regarding DeCola Ponds on
June 25, 2015, from 6:30 to 8:30 pm in the Council Chambers.
The Police Bike A -Long will be held on June 28, 2015, from 12:30 to 4:30 pm and will begin
at the Golden Valley Police Department.
A Special Council/Manager Meeting regarding the new City Manager Search will be held on
June 29, 2015, starting at 4 pm in the Council Conference Room.
A Concert in the Park featuring the Gypsy Mania Hot Club Quartet will be held on June 29,
2015, at 7 pm at Brookview Park.
The City Offices are closed on July 3, 2015, in observance of Independence Day.
Unofficial City Council Minutes -7- June 16, 2015
6E. Announcement of Meetings - continued
A Concert in the Park featuring Wendinger Band will be held on July 6, 2015, at 7 pm at
Brookview Park.
The City Council meeting will be held on July 7, 2015, at 6:30 pm.
6F. Mayor and Council Communication
Council discussed the status of the Capital Budget requests that were submitted to the
House Bonding tour for DeCola Ponds and Intersection of TH 55 and CSAH 102
improvements.
7. ADJOURMENT
MOTION made by Council Member Clausen, seconded by Council Member Snope and the
motion carried to adjourn the meeting at 8:59 pm.
Shepard Harris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
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��,;,;��� UNOFFICIAL MINUTES
t' SPECIAL COUNCIL/MANAGER MEETING MINUTES
all COUNCIL CONFERENCE ROOM
GOLDEN VALLEY, MINNESOTA
June 29, 2015
Present: Mayor Harris and Council Members Clausen, Fonnest, Schmidgall and Snope.
Also, present Springsted Inc. Sr. Vice President Dave Unmacht, Springsted Inc.
Management Consulting Services Sara Haselbauer, and Assistant City Manager Chantell
Knauss
Mayor Harris called the meeting to order at 4:05 pm.
Mr. Unmacht reported Springsted, Inc. received 46 applications for the Golden Valley City
Manager position. He reviewed the 12 candidates that were most highly qualified and told
the Council he was very impressed with the quality of applicants showing interest in Golden
Valley.
After further discussion, it was the Council consensus to move forward seven candidates.
All seven candidates had three or four Council Members that indicated they wanted to
learn more about them and one person refrained from weighing-in.
The meeting was recessed at 4:59 pm and reconvened at 5:02 pm.
The semi-finalist interviews with the seven candidates will be held on July 13, 2015.
The meeting adjourned at 5:12 pm.
Shepard M. Harris, Mayor
ATTEST:
Chantell Knauss, Assistant City Manager
Council/Manager Meeting Minutes
June 9, 2015
Present: Mayor Harris and Council Members, Clausen, Fonnest, Schmidgall and Snope,
City Manager Tom Burt, Physical Development Director Marc Nevinski, Finance Director
Sue Virnig, Fire Chief John Crelly, Planning Manager Jason Zimmerman, Attorney Office
Tom Garry, Administrative Assistant Judy Nally.
The meeting began at 6:30 pm in the Council Conference Room.
2014 Comprehensive Annual Financial Reports
Bill Lauer from the auditing firm Malloy Montague Karnowski Radosevich & Co. was in
attendance to review the 2014 Comprehensive Annual Financial Report, Management
Report and Special Purpose Audit Reports. He stated that they have issued an
unqualified, "clean" opinion on the City's financial statements.
Lauer reviewed highlights from the Management Report and noted that one on-going
finding is the limited segregation of duties in certain areas due to the small size of the
City's office staff.
There was one audit adjustment for an additional payable for $40,000 for engineering
costs for a street project for a 2015 project and work was done in 2014.
Single Family Residential (R-1) Side Setback Zoning Text Amendment
Planning Manager Jason Zimmerman reviewed a PowerPoint presentation which
highlighted the following areas: side yard setback, building envelope, side wall articulation,
proposed amended language, overview of previous amendments, side yard setbacks in
neighboring cities, concerns raised by City Council: restricted blockage of light and air,
simplify the City Code for better comprehension and administration, including diagrams;
allow attractive and functional home design, map showing properties in the R-1 zoning
district with a lot width at 35 foot setback, showed sample slides with graphs of homes and
setback requirements for lot width of 100, 80, 65 and 40 foot lot setbacks.
At the June 2, 2015 meeting the City Council continued discussion of the zoning text
amendment to the June 16, 2015 City Council meeting.
Administrative Citations
Burt reviewed the proposal to expand the use of administrative fines for all sections of the
City Code. The amendment also includes the use of an Administrative Hearing Officer for
any citation appeal.
Fire Chief John Crelly outlined the current process for use of citations in conjunction with
the residential property maintenance section of the City Code. Garry reviewed the
Administrative Hearing Officer appeal process.
The Council had questions regarding how the citations will apply to other sections of the
City Code, how will it be used in a non-discriminate manner, and process for working with
the residents on difficult issues.
Council/Manager Meeting Minutes
June 9, 2015 — Page 2
The consensus of the Council was to place the proposed amendments on a future City
Council meeting for consideration.
Adoption of the 2012 International Property Maintenance Code (IPMC)
Burt reviewed the history of the current maintenance code and how this will help in dealing
with residential and commercial property issues.
Fire Chief John Crelly reviewed a PowerPoint presentation which highlighted the following
areas: IPMC vs City Code, showed slides of residential, multiple-dwelling and commercial
properties where problems exist, reviewed rental property and licensing requirements,
residential property maintenance, international property maintenance code, how
department works with residents and commercial property owners, policing and zoning
elements.
The Council inquired about conflict with code, level of enforcement, no point of sale
inspections (other than for sanitary sewer) and conflict resolution.
After discussion the consensus of the Council was support for the ordinance amendments
and to place the items on a future City Council meeting agenda for approval.
Peddler/Solicitor Licenses
Burt outlined the current City Code regulations, the current process for obtaining a license,
and regulations in surrounding cities. Burt stated the Police Department would issue the
licenses and recommended January 2016 effective date.
The Council discussed amending the City Code to clarify the language regarding
permitted hours for soliciting, requiring background checks, license requirements for profit
and non-profit organizations, wearing of badges, fees, license term, respect for "no
peddler/solicitor signs" and fine for police action required with the Police Department
issuing licenses.
Staff was requested to research and prepare an ordinance amendment for consideration
at a future City Council meeting.
Redevelopment of Winnetka/Highway 55 Intersection
Planning Manager Jason Zimmerman reviewed the history of the two southerly quadrants
at the intersection.
Burt stated that the southwest property was purchased with Federal LAWCON funds and
the property has to be preserved for open space forever.
Burt stated that if the Council wants to change the vision of the southeast property a public
engagement process should be conducted. If the Council wants to study the area funds
have to be put into the budget in 2016 or 2017.
Council/Manager Meeting Minutes
June 9, 2015 — Page 3
After discussion by the Council the consensus was to review during the 2016 budget
process, adding funds to conduct a public engagement process and study for TH 55 from
Winnetka to Glenwood.
Planning Commission attend Government Training Service (GTS) Training
Council Member Fonnest proposed that the City provide training in zoning and planning
issues for the Planning Commission.
After discussion by the Council, staff was directed to contact GTS and/or the League of
Minnesota Cities to gather information for conducting training sessions. The training would
be available to Council, Planning Commission, Board of Zoning Members and Staff. Some
of the issues for consideration are: cost of training, location, days, times and length of
training, and making training available to surrounding cities/staff to keep costs down.
Recognition of Diversity
Council Member Fonnest reviewed information in the community survey regarding the
diversity within the City and suggested the City discuss ways to inform and educate the
community about the changing demographics within the City. Staff prepared information
about the diversity in the community which was distributed to the Council.
The Council discussed various ways to educate the community about the demographics of
the city including articles in the city newsletter, website, requesting the Human Rights
Commission and/or Global Golden Valley to provide educational programs for the
community. The Council directed staff to request the Human Rights Commission explore
topics about educating, ideas to help celebrate the diverse demography in the community
in order to make the city a more welcoming.
Nice Ride Minnesota
Council Member Schmidgall reviewed his discussions with Nice Ride Minnesota to provide
locations within the City. Schmidgall stated they are expanding locations this season but
roll out new locations in the spring.
The Council discussed supporting locations within the City. Staff was directed to contact
the City of St. Louis Park and Nice Ride to discuss the possibility of a joint city effort to
provide future locations within both cities. The Council also discussed future expansions in
conjunction with trails, METRO Blue Line connections, parks, downtown business districts
and local companies.
Living In The Valley Events (LIVE)
At a previous Open Forum a representative from LIVE requested the Council consider
allowing their organization to advertise their events in the newsletter and website and
requested signage and traffic crossing assistance.
The Council discussed providing support for a non-city event and the consensus was to
not provide support for any of the events. The Council encouraged LIVE to contact the
TwinWest Chamber of Commerce and/or Golden Valley Business Council for support.
The City will place information about upcoming events on the Community Bulletin Board.
Council/Manager Meeting Minutes
June 9, 2015 — Page 4
Board/Commission Vacancies
Tom Burt provided an updated list of the various board and commission vacancies and a
list of applicants available to fill them. The Council consensus was to appoint the
representatives to the Northwest Suburbs Cable Communications Commission and the
Northwest Community TV Board of Directors at the next Council Meeting.
Staff was directed to contact the applicant interested in the Open Space and Recreation
Commission to see if he was still interested. The Council requested staff to place
information on the City website regarding the vacancies on the Human Services Fund and
Open Space and Recreation Commission if needed.
Staff informed the Council that since the City now has a liquor license at the Community
Center our insurance does not permit groups supplying their own alcohol. As a result, the
Mayor/Council can no longer provide beer and wine at the Recognition Dinner. A cash bar
will be available. The Council consensus was not to donate toward any purchase of
alcohol or pop.
Upcoming Meetings
Special Council/Manager Meeting - June 16, 2015 - 5 pm
City Council Meeting - June 16, 2015 - 6:30 pm
Police and Fire Open House - June 17, 2015 - 6 pm
Fire Relief Association Street Dance - June 20, 2015 - 5 pm
Special Council/Manager Meeting - June 29, 2015 - 4 pm
Special Council/Manager Meeting - July 13, 2015 - noon
Concert in the Park and Ice Cream Social - July 13, 2015 - 7 pm
The meeting adjourned at 9:42 pm.
Judy Nally
Administrative Assistant
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golden'MEMORANDUM
vale Administrative Services Department
763-593-80131763-593-3969 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 7, 2015
Agenda Item
3. B. 1. Approval of City Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of the check register for various vendor claims against the City of Golden Valley.
Attachments
• Document sent via email
Recommended Action
Motion to authorize the payment of the bills as submitted.
city 0
golden'EOA[v11 Administrative Services Department
763-593-84113 1753-593-3969 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 7, 2015
Agenda Item
3. B. 2. Approval of Housing and Redevelopment Authority Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of the check register for various vendor claims against the Housing and Redevelopment
Authority.
Attachments
• Document sent via email
Recommended Action
Motion to authorize the payment of the bills as submitted.
city of
goldval��
Y
MEMORANDUM
City Administration/ Council
763-593-39911763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 7, 2015
Agenda Item
3. C. 1. Solicitor's License - LTO Enterprises Inc. d/b/a Approved Exteriors
Prepared By
Judy Nally, Administrative Assistant
Summary
As per City Code, any individual or group intending to go door-to-door within the City selling
products, taking orders or soliciting for business or donations must be licensed by the City to do
SO.
Attachments
• Peddler/Solicitor License Application (2 pages)
Recommended Action
Motion to approve the solicitor's license for LTO Enterprises Inc. d/b/a Approved Exteriors.
Application and fee must be submitted to the City Manager's Office the Wednesday prior to
the City Council Meeting. Council Meetings are normally held the first and third Tuesday of
each month.
PEDDLERISOLICITOR LICENSE APPLICATION .�
TO: Golden Valley City Council Fee Paid: $
7800 Golden Valley Road Number of Persons: U
Golden Valley, MN 55427 Type of License: Peddlerolicit
(circle one)
Q�
Enclose the sum of $ for (number) peddlers/solicitors as required by
City Code of the City o Golden Valley and have complied with all the requirements of said
Code necessary for obtaining this license.
(Business or Individual Name`or'Organizatio- 6 to be Licensed
MN B anus ess ID Federal Business ID (FEIN)
Define Business
(Corporation, Proprietorship, Partnership, Non -Profit, State of Incorporation or Individual)
e z /")l l ri ✓%G% 2Cfl
(Address)
City, State and Zip Code)
91-
2— - 2- 5�0
(Telephone Number, including Area Code)
NOW, THEREFORE, r hereby makes application for
Applicant Name)
period of 6 l (through 12/31/x, subject to the conditions and provisions of said
City Code.
Signature of Applicant/ cipal O icer)
Description of goods or services for sale (include prices) or indicate if soliciting donations.
If more space is needed, attach additional sheets (be specific):
NOTE: If the products for sale are changed or modified, you must give the City complete
....-tion .uuo
n regarding such change or modification.
v
List the names and addresses of EACH person who will be peddling or soliciting on behalf
of said organization in the City, or, in the alternative, the name, address and telephone
number or numbers where a responsible person of said organization will maintain a list of
names and addresses of all persons engaged in peddling or soliciting in the City:
OPW K— ZqZ —
(If more space is needed, attach additional sheets)
i
STATE OF
) ss.
COUNTY OF NC11 /l' T' ti ) X,'2�) e'7,
(Office r/I nd ividualf( me of Organization)
being first duly sworn, depose and say that all the foregoing information is true to his/her
own knowledge except as to matters therein stated on information and belief, and as to
such matters, he/she believes them to be true.
Subscribed and sworn to before me this
l
r day of9a�'�, 20 / S
��ko -,A
(Signature)
Signature of pplican incipal Officer)
JUDITH A. NA"y
NOTARY PusW . MWNESOTA
My Commission Expires
January 31, 2020
r
K
city of
goldval��
Y
MEMORANDUM
City Administration/ Council
763-593-39911763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 7, 2015
Agenda Item
3. C. 2. Gambling License Exemption and Waiver of Notice Requirement - Edina Rotary
Foundation
Prepared By
Judy Nally, Administrative Assistant
Summary
As per State Statute organizations that conduct gambling within the City limits have to submit an
application for a lawful gambling permit to the State after the permit has been approved or
denied by the City. Depending upon the timing of the permit the applicants may request the City
to waive the 30 -day waiting period.
Attachments
• Application for Exempt Permit (2 pages)
Recommended Action
Motion to receive and file the gambling license exemption and approve the waiver of notice
requirement for Edina Rotary Foundation.
MINNESOTA LAWFUL GAMBLING
LG220 Application for Exempt Permit
5/15
Page 1 of 2
An exempt permit may be issued to a nonprofit Application Fee (non-refundable)
organization that: Applications are processed in the order received. If the application
• conducts lawful gambling on five or fewer days, and is postmarked or received 30 days or more before the event, the
• awards less than $50,000 in prizes during a calendar application fee is $100; otherwise the fee is $150.
year.
If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of
$1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite
your county by calling 651-539-1900. service, nor are telephone requests for expedited service accepted.
ORGANIZATION INFORMATION
Organization Edina Rotary Foundation Previous Gambling
Name: Permit Number:
Minnesota Tax ID 41334 Federal Employer ID 41-1456869
Number, if any: Number (FEIN), if any:
Mailing 4801 West 50th Street
Address:
City: Edina State: MN Zip: 55424 County: Hennepin
Name of Chief Executive Officer (CEO): Jennifer Lynn Bennerotte
Daytime Phone: (612) 201-3467 Email: Jbennerotte@edinarotary.org
NONPROFIT STATUS
Type of Nonprofit Organization check one): IZI
= Fraternal = Religious Veterans Other Nonprofit Organization
Attach a copy of Qpg of the following showing proof of nonprofit status:
(DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.)
FV -1A current calendar year Certificate of Good Standing
Don't have a copy? Obtain this certificate from:
MN Secretary of State, Business Services Division Secretary of State website, phone numbers:
60 Empire Drive, Suite 100 www.sos.state.mn.us
St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767
aIRS income tax exemption (501(c)) letter in your organization's name
Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the
IRS toll free at 1-877-829-5500.
IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter)
If your organization falls under a parent organization, attach copies of both of the following:
1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and
2. the charter or letter from your parent organization recognizing your organization as a subordinate.
GAMBLING PREMISES INFORMATION
Name of premises where the gambling event will be conducted Metropolitan Ballroom
(for raffles, list the site where the drawing will take place):
Address (do not use P.O. box): 5418 Wayzata Boulevard
City Golden Valle 55416 Hennepin
Township: y Zip: County:
Date(s) of activity (for raffles, September 26, 2015
indicate the date of the drawing):
Check each type of gambling activity that your organization will conduct:
Bingo* = Paddlewheels* Pull -Tabs* =Tipboards*
Raffle (total value of raffle prizes awarded for the calendar year: $ $2500.00 )
* Gambling equipment for bingo paper, paddlewheels, pull -tabs, and tipboards must be obtained from a distributor licensed by
the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed
from another organization authorized to conduct bingo. To find a licensed distributor, go to www.mn.gov/gcb and click on
Distributors under LIST OF LICENSEES, or call 651-539-1900.
LG220 Application for Exempt Permit
5/15
Page 2 of 2
LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to
the Minnesota Gambling Control Board)
CITY APPROVAL
COUNTY APPROVAL
for a gambling premises
for a gambling premises
located within city limits
located in a township
XThe application is acknowledged with no waiting period.
The application is acknowledged with no waiting period.
The application is acknowledged with a 30 -day waiting
The application is acknowledged with a 30 -day waiting
period, and allows the Board to issue a permit after 30 days
period, and allows the Board to issue a permit after
(60 days for a 1st class city).
30 days.
The application is denied.
The application is denied.
Print City Name:Cv-lden a/lei-1
Print County Name:
Signature Pe nnel:
,!:� l
Signature of County Personnel:
fle
X
to the information; individuals and agencies for
Title: Date:
Title: Date:
which law or legal order authorizes a new use or
TOWNSHIP (if required by the county)
address which will remain public. Private data
On behalf of the township, I acknowledge that the organization
as a consequence, may refuse to issue a permit.
is applying for exempted gambling activity within the township
limits. (A township has no statutory authority to approve or
given; and anyone with your written consent.
The city or county must sign before
members, Board staff whose work requires
requested, the Board will be able to process the
access to the information; Minnesota's Depart -
deny an application, per Minn. Statutes, section 349.213.)
This form will be made available in alternative format (i.e. large print, braille) upon request.
submitting application to the
Gambling Control Board.
Print Township Name:
Signature of Township Officer:
Title: Date:
CHIEF EXECUTIVE OFFICER'S SIGNATURE (required)
The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial
report will be completed and returned to the Board within 30 days of the event date.
Chief Executive Officer's Signature: r)']4 - ,-)�l . �li Date: July 1, 2015
(i nature m(At be CEO's signature; designee may not sign)
Print Name: Jennifer Lynn Bennerotte
REQUIREMENTS
MAIL APPLICATION AND ATTACHMENTS
Complete a separate application for:
Mail application with:
• all gambling conducted on two or more consecutive days, or
a copy of your proof of nonprofit status, and
• all gambling conducted on one day.
application fee (non-refundable). If the application is
Only one application is required if one or more raffle drawings are
postmarked or received 30 days or more before the event,
conducted on the same day.
the application fee is $100; otherwise the fee is $150.
Financial report to be completed within 30 days after the
Make check payable to State of Minnesota.
gambling activity is done:
To: Gambling Control Board
A financial report form will be mailed with your permit. Complete
1711 West County Road B, Suite 300 South
and return the financial report form to the Gambling Control
Roseville, MN 55113
Board.
Questions?
Your organization must keep all exempt records and reports for
Call the Licensing Section of the Gambling Control Board at
3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)).
651-539-1900.
Data privacy notice: The information requested
application. Your organization's name and
ment of Public Safety; Attorney General;
on this form (and any attachments) will be used
address will be public information when received
Commissioners of Administration, Minnesota
by the Gambling Control Board (Board) to
by the Board. All other information provided will
Management & Budget, and Revenue; Legislative
determine your organization's qualifications to
be private data about your organization until the
Auditor, national and international gambling
be Involved in lawful gambling activities in
Board issues the permit. When the Board issues
regulatory agencies; anyone pursuant to court
Minnesota. Your organization has the right to
the permit, all information provided will become
order; other Individuals and agencies specifically
refuse to supply the information; however, if
public. If the Board does not issue a permit, all
authorized by state or federal law to have access
your organization refuses to supply this
information provided remains private, with the
to the information; individuals and agencies for
information, the Board may not be able to
exception of your organization's name and
which law or legal order authorizes a new use or
determine your organization's qualifications and,
address which will remain public. Private data
sharing of information after this notice was
as a consequence, may refuse to issue a permit.
about your organization are available to Board
given; and anyone with your written consent.
If your organization supplies the information
members, Board staff whose work requires
requested, the Board will be able to process the
access to the information; Minnesota's Depart -
This form will be made available in alternative format (i.e. large print, braille) upon request.
Regular Meeting of the
Golden Valley Planning Commission
June 8, 2015
A regular meeting of the Planning Commission was held at the Golden Valley City Hall,
Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday,
June 8, 2015. Chair Cera called the meeting to order at 7 pm.
Those present were Planning Commissioners Baker, Blum, Cera, Johnson, Kluchka,
Segelbaum, and Waldhauser. Also present was Associate Planner/Grant Writer Emily
Goellner, and Administrative Assistant Lisa Wittman.
1. Approval of Minutes
May 27, 2015, Regular Planning Commission Meeting
MOVED by Waldhauser, seconded by Segelbaum and motion carried unanimously to
approve the May 27, 2015, as submitted. Commissioners Cera and Kluchka abstained.
2. Informal Public Hearing — Zoning Code Text Amendment — Mobile Food
Vending — ZO00-100
Applicant: City of Golden Valley
Purpose: To consider adding language in the Zoning Code regarding mobile
food vending (food trucks).
Goellner stated that food trucks are a growing trend in the Twin Cities and with the
recently approved Zoning Code text amendments regarding breweries it is a good time
to consider allowing mobile food vending as they are a common partner for taprooms.
She stated that the City's Parks and Recreation Department currently issues permits to
food vendors wishing to locate in the City's parks. She added that five permits were
issued in 2014 and one permit has been issued so far in 2015. The permits cost $40 per
day and are granted for a maximum of three days. She explained that staff is
recommending the permits issued through the Planning Division would be for a
maximum of seven days rather than the three days allowed by Parks and Recreation.
Kluchka noted that the underlined/overstruck Zoning Code language in the agenda
packet states that permits would be granted for a maximum of three days. Goellner said
she would change the language to allow a maximum of seven days for the permits
issues through the Planning department and keep the three day requirement for the
Parks and Recreation permit.
Goellner referred to the potential impact of mobile vendors and stated that staff is
recommending the following: mobile food vendors must obtain a license either from
Hennepin County or the State of Minnesota, the hours of operation are 8 am to 10 pm
unless otherwise limited or extended by the City, the removal of trash is required,
Minutes of the Golden Valley Planning Commission
June 8, 2015
Page 2
mobile food vendors would only be allowed to park on an impervious surface, no
parking is allowed on sidewalks, driveways, or streets, no overnight parking is allowed,
mobile food vendors are not allowed to use parking spaces that are needed to meet the
minimum parking requirement, and permission from the property owner is required. She
added that staff is also recommending that mobile food vendors be located more than
100 feet from another food -serving establishment (with the exception of other mobile
food vendors) and more than 1,000 feet from schools while they are in session unless
permission is granted by the school principal.
Kluchka noted that the language allowing other mobile food vendors to be located within
100 feet from another food -serving establishment needs to be added to Subdivision
3(A)(10). Goellner agreed.
Segelbaum suggested discussing the definition of eating establishments.
Cera asked about creating one ordinance instead of having one for the Parks and
Recreation Department and one for Planning. Goellner said there is a difference in staff
expertise. The Parks and Recreation Department are experts in the operations and use
of the parks and Planning has more expertise in the other zoning districts and land
uses.
Cera asked why seven is the suggested maximum amount of days for a food vendor
license rather than three like the Parks Department allows. Goellner stated that it could
become a heavy administrative commitment if a new permit has to be issued every day
for three days. Cera asked if Minneapolis charges a seasonal fee. Goellner said
Minneapolis requires mobile food vendors to have a brick and mortar, commercial
kitchen in Minneapolis. Cera suggested that Golden Valley offer seasonal licenses.
Kluchka agreed and said it would encourage trucks to come back. Goellner said she
would do more research regarding seasonal licenses.
Baker asked if a permit would be revocable. Goellner said yes.
Baker said if the code is defining where mobile food vendors can park, he doesn't see
the sense is calling out impervious surface requirements in the ordinance because there
might be circumstances where an unpaved parking area might be the only place for
them to park. He said he thinks that could be addressed in the permit application.
Waldhauser said the City probably doesn't want food trucks parking on the only grassy
landscaped area on a property.
Baker said it isnot clear in the ordinance language if the mobile food vendor would have
to provide written permission from the property owner before they are issued a permit.
Goellner stated the staff would get the property owner's permission as part of the permit
application review process.
Waldhauser referred to the language in the Parks and Recreation application regarding
events held by a recognized Golden Valley neighborhood group. Goellner noted that
that language only pertains to the Parks and Recreation permit. The Commissioners
Minutes of the Golden Valley Planning Commission
June 8, 2015
Page 3
discussed the differences in food trucks versus private catering trucks and suggested
the mobile food vending license specify that catering trucks provide food only for the
people at a private party, and not for the public.
Segelbaum said he would like a provision added to allow mobile food vendors to park
during a business's off hours. Goellner said she would add language allowing the
applicant and property owner to demonstrate that they won't need their required number
of parking spaces.
Kluchka asked how commercially zoned properties are currently allowing food trucks.
Goellner said they are allowing them without a permit.
Baker said he wants food trucks to come to Golden Valley and he doesn't want to be
over -regulatory. Waldhauser questioned the costs and said she doesn't want to put any
local restaurants out of business.
Johnson asked for clarification on where a food truck would be able to park. Goellner
explained that an applicant would have to demonstrate on a site plan where they will be
parking as part of the application process.
Kluchka asked if food trucks will be able to serve beer and wine. Goellner said that is
permitted only at Brookview Park.
Blum said he would like the language in the code and the application to be clear that
food truck hours would be extended until 2 am for food trucks located at taprooms.
Segelbaum asked about the motivation of Subdivision 2(B) regarding events located in
the public right-of-way. Goellner explained that that language is already in the Code
pertaining to temporary uses, she is just proposing it be moved to this location.
Johnson referred to the Parks and Recreation permit application and asked if there is
supposed to be a privacy notice on the application if credit card information is required.
Goellner said she would further research that.
Baker noted that the staff report states that schools would need to get permission from
their superintendent, but that the ordinance language states that they would need
permission from the school principal. Goellner clarified that staff is recommending
permission be obtained from the school principal.
Johnson suggested language be added stating that trash must also be removed from
the property. Goellner agreed. Cera suggested language also be added about requiring
recycling receptacles.
Cera opened the public hearing. Seeing and hearing no one wishing to comment, Cera
closed the public hearing.
Minutes of the Golden Valley Planning Commission
June 8, 2015
Page 4
Baker asked if a permit would have to be renewed every day for up to seven days.
Goellner said no, a permit would be issues for a seven day period. Baker asked if a
vendor will be able to renew their permit. Goellner said yes. Baker said this is the kind of
activity that will encourage business in Golden Valley and he wants vendors to be able
to renew their permit for as long as they want. Segelbaum said he thinks issuing a
permit for seven days makes sense. Kluchka suggested that the code language say
seven "consecutive" days. He said he would also like to allow seasonal permits. Cera
stated that the section of code is titled "temporary uses" and questioned if a seasonal
permit would really mean "temporary." Waldhauser added that food trucks would be
operated year-round. Segelbaum said he is less inclined to offer seasonal permits
because they could impact existing restaurants more than they realize. He said if
seasonal permits are allowed he would want food trucks to be located further away from
restaurants than currently proposed.
Cera asked about the differences in the state license versus the county license.
Goellner stated that if someone has state license they don't need a county license.
Kluchka asked if a liquor license could be granted for a non -park property. Goellner said
she doesn't think the City's liquor laws would allow that.
Johnson questioned if there needs to be more discussion about competition and which
zoning districts mobile food vendors would be allowed in. Waldhauser asked if private
company events would be handled differently. Kluchka said he would welcome
competition.
Segelbaum reiterated that he thinks mobile food vendors should be required to be
further than 100 feet away from a restaurant. Baker asked Goellner if she did any
analysis of different buffer areas. Goellner said she did and said requiring 500 feet
would be limiting. She said she would do some further analysis before this item goes to
the City Council. Kluchka said he is comfortable with the 100 foot requirement. Johnson
said he'd like there to be a larger distance between restaurants and mobile food
vendors. Segelbaum said he thinks 200 feet would provide a balance.
Segelbaum asked if eating establishment should be defined. Waldhauser suggested
that the language say "public" eating establishment.
Segelbaum asked if the language regarding where mobile food vendors need to park
has to say asphalt or concrete, or if it could say impervious surface instead. Baker said
he thinks that would be up to the person issuing the permit.
Johnson referred to the Parks and Recreation policy regarding special events and
stated that basing the fee on 20% of gross revenue seems high.
Segelbaum asked if the language in the Code should be restricted to only food.
Goellner stated that a mobile food vendor wouldn't be able to sell anything they don't
have a license to sell.
Minutes of the Golden Valley Planning Commission
June 8, 2015
Page 5
Kluchka asked where the residential requirements are articulated. Goellner stated that
mobile food vendors won't be allowed in residential zoning districts. Kluchka noted that
the Parks and Recreation policy talks about neighborhood groups. Waldhauser clarified
that the neighborhood group language in the park policy is referring to events held in a
park. Baker said it is important that the two policies be reconciled.
Waldhauser asked about catering a private party in a residential area. Cera stated that
catering trucks would not be considered mobile food vendors because mobile food
vendors serve food to the public. Kluchka asked the Commissioners if they think mobile
food vendors should be allowed in residential areas. The consensus of the Planning
Commission was to not allow mobile vendors in residential areas at this time.
MOVED by Baker, seconded by Segelbaum and motion carried unanimously to
recommend approval of the proposed Zoning Code amendment regarding mobile food
vendors with the amendments discussed.
3. Informal Public Hearing — Zoning Code Text Amendment — Distilleries —
Z000-101
Applicant: City of Golden Valley
Purpose: To consider adding language in the Zoning Code regarding
distilleries.
Goellner stated that craft distilleries and cocktail rooms are a growing trend and many
communities are starting to allow them. She stated that staff is proposing language similar
to the recently adopted brewery ordinance. She discussed the distilling process and the
definitions of a distillery, a micro -distillery and a cocktail room. She referred to the state
statutes regarding cocktail rooms and stated that there are limits of the amount of alcohol
that can be served. The amount may not exceed .5 ounces per variety per person and no
more than 1.5 ounces may be samples by any person on any day.
Goellner stated that staff is proposing that distilleries be a permitted use in the Industrial
zoning district only and that micro -distilleries be a permitted use in the Light Industrial and
Industrial zoning districts, and a conditional use in the Mixed -Use zoning district. She
stated that staff is also proposing that cocktail rooms smaller than 50% of the floor area
be permitted uses in the Light Industrial and Industrial zoning districts and conditional
uses in the Mixed -Use zoning district. Cocktail rooms that are larger than 50% of the floor
area would be conditional uses in the Light Industrial, Industrial, and Mixed -Use zoning
districts. She added that a cocktail room would require parking similar to that of a Class III
restaurant so staff is recommending 1 space per 60 square feet plus 1 space per 25
square feet of bar area.
Waldhauser questioned why micro -distilleries would be allowed in the Mixed -Use zoning
district at all. Goellner said she thinks they could be a good economic development tool.
Minutes of the Golden Valley Planning Commission
June 8, 2015
Page 6
Baker stated that brewpubs and taprooms don't limit consumption and questioned why
consumption is limited for craft distilleries and cocktail rooms. Goellner said she is not
sure why the state limits consumption. Blum referred to the state statute and said the way
he reads it is that the amount of consumption is limited if there is just a micro -distillery
without a cocktail room, but if there is a cocktail room the amount is not limited.
Segelbaum said he believes there are also requirements about micro -distilleries selling
bottles of liquor. Goellner agreed and explained the on -sale and off -sale rules. She
clarified that Blum was correct in that there are no consumption limits for cocktail rooms in
state statute.
Segelbaum referred to the proposed definition of cocktail room and stated that "micro -
distillery" should be added to the definition as well. Baker stated that everywhere in the
ordinance where the word distillery is used, the word micro -distillery should be added.
Goellner said she would have the City Attorney review the proposed ordinance before it
goes to the City Council.
Segelbaum asked Goellner if she has a sense of the size of a distillery and a micro -
distillery. Goellner said staff used the same language in regard to the size of a cocktail
room that was used in the brewery/taproom ordinance language.
Cera opened the public hearing. Seeing and hearing no one wishing to comment, Cera
closed the public hearing.
Blum said they may never come up with a perfect number regarding the size of the
cocktail room but he wants to encourage investment in Golden Valley and make it easier
for business to invest in this type of facility.
Johnson stated that there are a lot of things that go into a cocktail that aren't distilled
spirits and that is where the competition will come in. Baker said micro -distilleries would
only able to sell what they produce so they wouldn't be able to sell mixed cocktails with
alcohol products they don't make. Goellner clarified that the state statute is what limits
what distilleries are allowed to sell. Blum stated that since the proposed ordinance will
incorporate the state statute by reference the City doesn't need to have the conversation
about what distilleries are allowed to sell.
Baker referred to the uses that are permitted versus the ones that are conditional and
questioned why all the uses couldn't be conditional, then the language regarding 50% of
the floor space being used for a cocktail room wouldn't need to be in the ordinance at all
because it could be added as a condition of approval. Blum agreed and asked about the
rationale of limiting the floor space of a cocktail room. Goellner stated that if there were a
really large distillery it could be more impactful on an area.
Blum referred to proposed definition number 21.5 (cocktail room) and suggested that the
language regarding state statute also be added to the end of definition number 31.5
(distillery).
Minutes of the Golden Valley Planning Commission
June 8, 2015
Page 7
Baker asked if the proper metric to determine parking is floor space as proposed, or if it
should be based on seating. Goellner said it is easier to measure the floor area. She
stated that if 1 space per 60 square feet of floor area isn't enough, or is too much, the
code language could be amended in the future.
MOVED by Waldhauser, seconded by Segelbaum and motion carried unanimously to
recommend approval of the proposed Zoning Code amendment regarding distilleries
and cocktail rooms with the amendments discussed.
--Short Recess --
4. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
Baker reported on the final Bottineau station area planning open house held on June 4
at the Harrison Community Center. Goellner stated that staff will be bringing the station
area plans to the Commission for review soon.
5. Other Business
Council Liaison Report
Council Member Schmidgall gave the Commission an update on some of the current
projects in the City and thanked them for their work.
Baker asked for an update on the Comprehensive Plan process. Goellner stated that
staff is starting to do the scope of work.
6. Adjournment
The meeting was adjourned at 9:07 pm.
John Kluchka, Secretary Lisa Wittman, Administrative Assistant
Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
May 20, 2015
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Wednesday,
May 20, 2015, at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair
Perich called the meeting to order at 7 pm.
Those present were Members, Nelson, Orenstein, Perich, and Planning Commission
Representatives Johnson and Segelbaum. Also present were Associate Planner/Grant
Writer Emily Goellner, and Administrative Assistant Lisa Wittman. Member Maxwell was
absent.
I. Approval of Minutes — April 28, 2015 Regular Meeting
MOVED by Nelson, seconded by Orenstein and motion carried unanimously to approve
the April 28, 2015, minutes as submitted.
II. The Petition(s) are:
125 Meadow Lane North (continued item)
LeeAnn Bell & Paul Romslo, Applicants
Request: Waiver from Section 11.21, Single Family Zoning District, Subd.
11(A)(3) Side Yard Setback Requirements
• 14.2 ft. off of the required 21.5 ft. to a distance of 7.3 ft. at its closest point to
the side yard (south) property line.
Purpose: To allow for the construction of a garage addition.
Goellner reminded the Board that this request was tabled at their last meeting in order
to have a full Board present. She referred to the survey of the property and explained
the applicants' request to expand their existing two -stall garage 11 feet toward the side
yard (south) property line in order to allow for the construction of third garage stall.
Goellner noted that the applicants have stated that the unique circumstances with their
property are that the home was built with a two -stall garage near the minimum setback
line, they feel there is no place on their property to build a detached garage, and that
any garage construction will require pilings because of poor soils.
Goellner stated that staff recommends denial of the requested variance because a third
garage stall this far into the setback area is not reasonable and the extent of the
request would compromise the character of the locality. There are other homes in the
area with three garage stalls, but they did not require variances to be built. Also, the
applicants can continue to use the extended driveway in place of a third garage stall,
Minutes of the Golden Valley Board of Zoning Appeals
May 20, 2015
Page 2
and staff has concerns about setting precedent and remaining consistent with variance
requests.
Segelbaum asked if the side yard setback requirement is larger in this case because of
the height of the house. Goellner said yes, and explained that the side yard setback for
this property started at 15 feet and increased to 21.5 feet because of the height.
Segelbaum referred to the recently discussed "tent -shaped" method for determining
setbacks and asked if that method would have helped in this case. Goellner said no,
this proposal would require a variance using either method.
Segelbaum asked if there would be any limitations in extending the proposed garage
toward the rear of the lot. Goellner noted that there is a deck and windows on the rear
of the house.
Segelbaum asked if there are soil issues on the entire property. Goellner said yes.
Johnson asked how far forward a garage addition could be built. Goellner stated that
the front yard setback requirement is 35 feet and that the existing garage is located 47
feet from the front property line.
Nelson noted that the applicants could build a tandem garage. She said she realizes
that would not be ideal, but it is an option.
Johnson asked if a detached garage could built on the north side of the house instead
of the south side as proposed. Goellner said yes.
LeeAnn Bell, Applicant, said they did consider building a garage on the north side of the
property but there are six evergreens located on that side of the house and their roots
are close to the surface so she doesn't want to build there and endanger the trees. She
added that a detached garage is not allowed to be located in front of the house so
putting it in that location would also require a variance. She stated that a tandem
garage wouldn't work because the roof lines wouldn't match and there is a four season
porch and a gas vent behind the existing garage that would cause problems. She said
she has spent a lot of time trying to figure out other options and they just don't have
another option. She stated that she reviewed the state statute and thinks her proposal
meets the criteria used in granting a variance because a three -stall garage is
reasonable and new houses in the area are being built with three -stall garages. She
said they don't have any place else to build additional garage space and that the only
access to the property is in the front because there are no alleys. She noted that the
outside of the garage appears reasonably wide, but inside there are stairs and a closet
that jut into the space. She said she has tried all kinds of different configurations and
that anything she comes up with would need a variance. She stated that this proposal
makes sense and the proposed garage will be consistent with the neighborhood. She
said that they didn't cause the issues with the property and that they bought the house
because they love the neighborhood and truly want to improve the house and bring
their house up to the level of the other houses in the neighborhood. She stated that
Minutes of the Golden Valley Board of Zoning Appeals
May 20, 2015
Page 3
there is nothing about a three -stall garage that is inherently against the character of the
neighborhood and that an enclosed stall is more aesthetically pleasing than items
stored outside. She stated that the house isn't perfectly centered on the lot and that the
neighborhood is unique because all of the houses are different and no house is situated
the same way on any lot. She said her proposed garage will have no impact on the
neighbor's privacy and there would still be 30 feet between their garage and the
neighboring garage. She stated that having a 7.3 foot setback will not negatively impact
the neighborhood and added that the Board of Zoning Appeals has granted variances
in the past for garages to be located closer to a side yard property line than the 7.3 foot
variance she is asking for, so this wouldn't be the smallest setback variance the Board
has granted.
Nelson explained that most of the properties that were granted variances to be that
close the property line probably had smaller setback requirements to begin with and
were asking to go from a one -stall garage to a two -stall garage. Bell said is doesn't
matter if the proposal is for a one -stall or two -stall garage, the question is if a three -stall
garage is a reasonable use and if the proposal negatively impacts the character of the
neighborhood. She said a variance for a three -stall garage doesn't harm the character
of a neighborhood any more than a two -stall garage would. She stated that portions of
their house are two -stories and portions are one story and in this case the one story
portion of the house is the garage and isn't imposing on the neighbor. She said the
purpose of setbacks is to provide a feeling of openness and the feeling of space in the
community and all landowners are asked to donate a portion of their property in order to
make those feelings in the community. She said they have donated 75.7 feet to the
community when all of the setbacks are taken into account. She said she truly believes
she has met all of the criteria considered when reviewing variances and that they are
not negatively impacting the neighborhood.
Segelbaum asked about some of the other options explored and why a garage couldn't
be built on the other side of the house. Bell stated that a garage can't be located in front
of the house and to build it the same depth as the house would not be deep enough to
park a car in. Goellner noted that the depth would be 28 feet and that the typical size of
a two -stall garage is 22 fee. x 22 feet. Bell said a garage would not have enough depth
with the location of the sport court and the six pine trees that are in that area.
Segelbaum asked about the ability to build a tandem garage addition onto the existing
garage. Bell said there is a retaining wall and four trees behind the existing garage so
they can't move the garage further back at all. She said she could build the garage 12
feet further forward, toward the front, but it still would not be deep enough to park a car
in. Paul Romslo, Applicant, added that bringing the garage 12 feet forward would look
bad. He reiterated that they can build onto the back of the garage because the roof
lines won't work.
Perich asked the applicants if they had considered building a side -loading garage. Bell
said there is not enough depth to be able to turn 90 degrees into a side -loading garage.
Minutes of the Golden Valley Board of Zoning Appeals
May 20, 2015
Page 4
Johnson asked about the standard depth of a tandem garage. Goellner reiterated that
22 feet x 22 feet is the standard size for a two stall garage. Bell said the neighbors are
not enthused about the idea of a tandem garage and neither are they.
Perich opened the public hearing. Seeing and hearing no one wishing to comment,
Perich closed the public hearing.
Johnson said he doesn't understand why 32 feet or 36 feet in depth is not enough
depth to be able to park two cars in tandem.
Nelson said she appreciates that the applicant has considered other alternatives and
that it is one thing to go from one garage stall to two, but she doesn't ever recall
granting a variance for a third garage stall. Johnson agreed and said he doesn't think all
of the alternatives have been exhausted. Perich said it is a large variance request for a
third garage stall and there are other options. He said he would consider a smaller
variance but he would not support the current proposal. Segelbaum said he thinks
three -stall garages are the norm in this neighborhood but he doesn't see how they can
take two-thirds of the side yard for this proposed garage addition. He said he wants to
see homes improved, but this proposal does seem to impact the character of the
neighborhood. Orenstein agreed.
MOVED by Nelson, seconded by Johnson and motion carried unanimously to deny the
variance request for 14.2 ft. off of the required 21.5 ft. to a distance of 7.3 ft. at its
closest point to the side yard (south) property line to allow for the construction of a
garage addition. Bell said she is disappointed and that taking down six trees on the
north side of their property is not a good idea for this neighborhood.
1319 Tyrol Trail
Dan & Sheila Broughton, Applicants
Request: Waiver from Section 11.21, Single Family Zoning District, Subd.
11(A)(1) Front Yard Setback Requirements
• 6 ft. off of the required 17 ft. to a distance of 11 ft. at its closest point to the
side yard (south) property line.
Purpose: To allow for the construction of a garage and house addition.
Request: Waiver from Section 11.21, Single Family Zoning District, Subd.
11(A)(3) Yard Setback Requirements
• 2.3 ft. off of the required 17 ft. to a distance of 14.7 ft. at its closest point to
the side yard (southeast) property line.
Purpose: To allow for the construction of a porch addition.
Minutes of the Golden Valley Board of Zoning Appeals
May 20, 2015
Page 5
Goellner referred to a survey of the property and explained the applicant's request to
build a new garage with living space above on the front of the home and a new porch
addition on the rear of the home. She explained that the applicants have stated that the
unique circumstances in this case are that the home was built with a small one -stall
garage, the property is a corner lot with a small buildable area, and is triangular in
shape.
Nelson referred to the proposed porch addition and asked if it would be located further
away from the south property than the back corner of the existing house currently is.
Goellner said yes. She explained that the southeast corner of the house is located 14
feet from the south property line and the proposed new porch would be 14.7 feet from
the south property line.
Segelbaum asked if the front corner of the proposed garage will be in the same place
as the existing garage. Goellner said the applicant could explain the proposed new
garage dimensions and placement.
Segelbaum asked Goellner if she has explored other options with the applicant.
Goellner said the proposed porch could be built smaller in size, but the garage seems
reasonable due to the shape of the lot.
Segelbaum asked if the potential changes in the Code language regarding side yard
setbacks would affect this proposal. Goellner said no and explained that due to the
height of the existing home the side yard setback is 17 feet.
Jennifer Christiaansen, U + B Architecture and Design, representing the applicant,
referred to the criteria the Board uses when considering variances. She stated that the
applicants are proposing to use their property in a reasonable manner and the size of
the existing garage was not caused by the current landowner. She explained that the
buildable footprint on this property is small and their goal is to maintain the home and
keep it within the character of the existing neighborhood. She referred to photos of the
existing garage and noted that the interior height is only 5.5 feet. She added that she
showed the applicants four proposals and that the proposal they chose is the least
intrusive and won't negatively impact the neighborhood.
Johnson asked if the existing concrete beam inside the garage will be removed.
Christiaansen said it will be replaced with a steel beam
Segelbaum asked when the house was built. Christiaansen said the house was built in
1937.
Perich opened the public hearing. Seeing and hearing no one wishing to comment,
Perich closed the public hearing.
Nelson said she is in favor of granting both requested variances. She said she is
sympathetic to allowing a second garage stall, the proposal is reasonable, and the
Minutes of the Golden Valley Board of Zoning Appeals
May 20, 2015
Page 6
shape of the lot is unique. She added that the proposed addition will improve the
character of the neighborhood and that she is comfortable with the proposed porch
addition because it will be further away from the property line than the existing home.
Segelbaum said he thinks the variance requests are minor and that work has been
done to keep the addition within the existing character of the neighborhood. Perich
agreed and added that with the uniqueness of the property itself, the proposal makes
sense. Orenstein agreed that the proposal is reasonable.
MOVED by Nelson, seconded by Perich and motion carried unanimously to approve the
following variance requests:
• 6 ft. off of the required 17 ft. to a distance of 11 ft. at its closest point to the side yard
(south) property line. To allow for the construction of a garage and house addition.
• 2.3 ft. off of the required 17 ft. to a distance of 14.7 ft. at its closest point to the side
yard (southeast) property line to allow for the construction of a porch addition.
413 Rhode Island Ave. N.
Travis Kierstead, Applicant
Request: Waiver from Section 11.72, Fences, Subd. 3(A)(1) Front, Side and
Rear Yard Regulations
• 4 ft. taller than the allowed 4 ft. for a total height of 8 ft. for a fence along the
front (north) property line.
• 2 ft. taller than the allowed 6 ft. for a total height of 8 ft. for a fence along the
rear (west) property line.
• 2 ft. taller than the allowed 4 ft. for a total height of 6 ft. for a fence along the
front (east) property line.
Goellner referred to a site plan of the property and explained the applicant's request to
build an 8 foot tall fence along the north and west sides of the property, rather than the
allowed 6 feet, and a 6 foot tall fence along the east side of the property, rather than the
allowed 4 feet. She noted that the applicant has stated that the unique circumstances
with this property are its proximity to Highway 55, it is a corner lot, and Highway 55 and
the neighboring property to the west are at a higher elevation than their property. She
showed the Board a photo of the property submitted by the applicant illustrating how
much lower their property is compared to Highway 55.
Nelson asked what fence height would be allowed if Highway 55 was not considered a
front yard. Goellner said a fence could be 6 feet tall if it were a side yard. She said she
Minutes of the Golden Valley Board of Zoning Appeals
May 20, 2015
Page 7
thinks a 6 foot tall fence along the west, south and east sides of the property, and a 7
foot tall fence along the north, adjacent to Highway 55 would be appropriate, given that
this property is lower than the other properties around it.
Perich asked if variances have been granted for other properties along Highway 55.
Goellner said no.
Orenstein asked if there are any other fenced -in areas nearby. Goellner said there is a
fenced area to the east with plantings to help with screening Highway 55.
Segelbaum asked if the development to the south has limited ability to build fences.
Goellner said no.
Travis Kierstead, applicant, referred to the photo he submitted and explained that a 6
foot tall fence along Highway 55 would not work because they would still see a lot of
traffic and headlights, and would hear a lot of noise. He stated that he doesn't think an
8 foot tall fence along the west side of his property would negatively impact the
neighbor because they are quite a bit higher than his property. He added that the
neighbors to the west and south have given their support to the proposal. He reiterated
that the uniqueness of the property is that this is the only property on Highway 55 that is
below the grade of Highway 55 and his yard is directly next to the highway. He gave
examples of other 8 foot tall fences in the community and said he understands that the
City doesn't want compounds, but he thinks his property is unique.
Nelson asked the applicant when he bought the property. Kierstead said he bought it 3
years ago.
Nelson asked about the proposed fence material. Kierstead said cedar or pressure
treated wood.
Segelbaum asked the applicant if he has plans for landscaping outside of the proposed
fence area. Kierstead said there is a gully with quite a bit of greenery between the
highway and his yard and there are three existing maple trees that help keep noise
down from the house. He said if he replaced those trees with a row of evergreens he
would be trading one problem for another.
Perich asked the applicant if he would be open to building a 7 foot tall fence along the
north side of the property. Kierstead said yes.
Perich opened the public hearing. Seeing and hearing no one wishing to comment,
Perich closed the public hearing.
Segelbaum said he is sensitive to the noise issues from the highway, but he is
concerned the property will look like a compound. He said he is supportive of a 7 or 8
foot tall fence along the north property line and a 6 foot tall fence along the other
property lines.
Minutes of the Golden Valley Board of Zoning Appeals
May 20, 2015
Page 8
Johnson said he thinks an 8 foot fence along Highway 55 is reasonable especially
because of the low grade. He said he would be in favor of allowing an 8 foot tall fence
along the north and a 6 foot tall fence along the other sides. Perich agreed and added
that he doesn't think the proposed fencing will alter the character of the neighborhood.
Orenstein agreed.
Kierstead asked the Board if they would entertain allowing a 7 foot tall fence along the
west property line. Nelson said she would not support that. Segelbaum said he doesn't
see as much of a need for a taller fence along the west side of the property. Orenstein
agreed and added that an additional foot or two won't help with noise issues, it would
be more of a visual thing.
MOVED by Johnson, seconded by Segelbaum and motion carried unanimously to
approve a variance requests for 4 ft. taller than the allowed 4 ft. for a total height of 8 ft.
for a fence along the front (north) property line, 2 ft. taller than the allowed 4 ft. for a
total height of 6 ft. for a fence along the front (east) property line, and to deny the
variance request for 2 ft. taller than the allowed 6 ft. for a total height of 8 ft. for a fence
along the rear (west) property line.
III. Other Business
No other business was discussed.
IV. Adjournment
The meeting was adjourned at 8:43 pm.
David Perich, Chair
Lisa Wittman, Administrative Assistant
Human Rights Commission (HRC)
Covenant Village
5800 St. Croix Ave. North
Golden Valley, Minnesota 55422
May 26, 2015
Commissioners present: Teresa Martin, Chair
Carla Johnson, Vice Chair
Jonathan Burris
Payton Perkins
Susan Phelps
Andrew Ramlet
Commissioners absent Adam Buttress
Simon Gottlieb
Michael Pristash
Guest: 13 residents of Covenant Village
Staff: Chantell Knauss, Assistant City Manager
The meeting was convened at 6:40 pm by Chair Martin.
Introductions
Commissioners, guests and staff introduced themselves.
Motion by Commissioner Burris, second by Commissioner Johnson to open the meeting for
comments and questions from guests.
Guests inquired as to what Human Rights issues the Commission is dealing with/focusing on, HRC
relations with the Golden Valley Police Department, Joint Water Commission, Blue Line Corridor
and made suggestions for future HRC considerations: gap in education and employment due to
socioeconomic factors — possible contact at First Covenant Church of Minneapolis (downtown);
possible speaker/contact for upcoming Human Sex Trafficking Conversations Event is the wife of
the pastor at First Covenant Church of Bloomington as she is active in social justice issues; future
essay contests in conjunction with local schools; cultural awareness event.
Residents of Covenant Village did not believe there were any senior issues for the HRC to address.
They stated everything in Golden Valley and Covenant Village is very close, convenient and well -
located within easy walking distance. The strip mall is well-maintained, offering services they utilize
frequently.
Covenant Village residents also expressed their appreciation for Golden Valley Police Department
staff, citing the excellent response and service to Covenant Village. They also stated how
impressed they are with the "City News" publication and stated it was very easy to read and full of
information containing everything they need to know about what was going on in the City.
Approval of April 28, 2015, Regular Meeting Minutes
Motion by Commissioner Burris, second by Commissioner Phelps to approve the April 28,
2015, minutes. Motion carried 6-0.
Human Rights Commission May 26, 2015
Meeting Minutes Page 1 of 3
Commissioner Perkins excused himself from the meeting.
Council Updates
Knauss updated the HRC on the City Council's action to approve the revised HRC Bylaws as
recommended by the HRC and distributed revised copies of the Bylaws to Commissioners.
October 22 2015 HRC Conversations Planning — Sergeant Grant Snyder, Minneapolis Police
Department
Sergeant Snyder was not available to attend this evening's meeting due to a family emergency. No
further updates were available as Commissioner Pristash is the contact for Sergeant Snyder and he
was not in attendance.
Motion by Chair Martin, second by Commissioner Burris to move item VI, A - Election of
Chair and Vice Chair as the next item of business. Motion carried 5-0.
Suggestions for speaker/organization for the October 22 HRC Conversation event on Human Sex
Trafficking were:
• Dave Nuckles, No Wrong Door at Hennepin County — Vice Chair Burris
• The Bridge for Runaway Youth — Commissioner Phelps
• Breaking Free — Chair Johnson
• Family Partnership — contact?
• First Covenant Church of Bloomington — Commissioner Martin
Designated Commissioners will make initial contact with the speakers/organization and report back
at the June meeting.
Election of Chair and Vice Chair
Motion by Commissioner Burris, second by Chair Martin to nominate Commissioner
Johnson as Chair. There were no further nominations. Motion carried 5-0.
Motion by Chair Johnson, second by Commissioner Phelps to nominate Commissioner
Burris as Vice Char. There were no further nominations. Motion carried 5-0.
Chair Johnson began presiding over the meeting and thanked Commissioner Martin for her service
to the HRC as Chair. The meeting returned to the next item of Old Business.
May 14, 2015 HRC Conversations Event Review — Blank Slate Theatre production of "bottom"
Commissioners agreed that the production was fantastic and really well done. They were
disappointed there wasn't a better turn out, as there were a total of 12 people in attendance. The
attendees included: 5 Golden Valley HRC members, a Golden Valley City Council member, and 2
HRC members from the City of New Hope. Commissioners felt the event was very well advertised
using all the City's resources and discussed how they could be better at outreach as Commission
members.
Suggestions for Commission outreach were:
• Golden Valley Day event sponsor — Commissioner Martin
• Market in the Valley (Farmer's Market) — Chair Johnson
Designated Commissioners will gather information and report back at the June meeting.
Human Rights Commission May 26, 2015
Meeting Minutes Page 2 of 3
HRC Brochure Update
Knauss will work with Communications staff to bring a draft HRC brochure for the Commission to
review at their regular meeting in June.
Human Rights Magnet
Commissioner Martin requested to have this discussion delayed to another meeting.
Authorize Payment of Claims
Motion by Commissioner Burris, second by Chair Martin to authorize payment of $1,000 to
Blank Slate Theatre for the balance remaining for the production of "bottom." Motion carried
5-0.
Adiourn
Motion by Commissioner Martin, second by Vice Chair Burris to adjourn the meeting at 7:59
pm. Motion carried 8-0.
Follow-up Items:
• Designated Commissioners will make initial contact with the speakers/organization and
report back at the June meeting.
o Dave Nuckles, No Wrong Door at Hennepin County — Vice Chair Burris
o The Bridge for Runaway Youth — Commissioner Phelps
o Breaking Free — Chair Johnson
o Family Partnership — contact?
o First Covenant Church of Bloomington — Commissioner Martin
• Designated Commissioners will gather information on potential outreach opportunities and
report back at the June meeting.
o Golden Valley Day event sponsor — Commissioner Martin
o Market in the Valley (Farmer's Market) — Chair Johnson
• Knauss will work with Communications staff to bring a draft HRC brochure for the
Commission to review at their regular meeting in June.
ATTEST:
Chantell Knauss, Staff Liaison
Carla Johnson, Chair
Approved by HRC: , 2015
Human Rights Commission May 26, 2015
Meeting Minutes Page 3 of 3
JOINT WATER COMMISSION MINUTES
Golden Valley - Crystal - New Hope
Meeting of March 12, 2015
The Golden Valley — Crystal — New Hope Joint Water Commission (JWC) meeting was
called to order at 1:36 p.m. in the City of Golden Valley Council Conference Room.
Commissioners Present
Tom Burt, City Manager, Golden Valley
Anne Norris, City Manager, Crystal
Kirk McDonald, City Manager, New Hope
Staff Present
Wayne Houle, Interim City Engineer, Crystal
Randy Kloepper, Utilities Superintendent, Crystal
Bob Paschke, Director of Public Works, New Hope
Bernie Weber, Operations Manager, New Hope
Sue Virnig, Finance Director, Golden Valley
Jeff Oliver, City Engineer, Golden Valley
Bert Tracy, Public Works Maintenance Supervisor, Golden Valley
Kelley Janes, Utilities Supervisor, Golden Valley
Mark Ray, Street Maintenance Supervisor, Golden Valley
R.J. Kakach, Engineer, Golden Valley
Pat Schutrop, Administrative Assistant, Golden Valley
Others Present
Bill Blonigan, Council Member, Robbinsdale
Marcia Glick, City Manager, Robbinsdale
Steve Nelson, Bolton & Menk, Inc.
Brian Simmons, Bolton & Menk, Inc.
Jim Curme, Golden Valley Resident
Minutes of February 11, 2015 Meeting
Sue Virnig pointed out that on page 2, the motion made approving the Preliminary Design
Technical Memorandum was not necessary. The only action needed was to receive and file
the memorandum.
MOVED by Norris and seconded by McDonald to approve the minutes of the February 11,
2015 meeting as corrected. Motion carried.
Tri -City Council Meeting Agenda (March 31, 2015)
The goal of the meeting will be to communicate the status of the 36 -inch watermain
emergency repair and to obtain agreement for each city to pass a resolution for the
emergency repair project. The agenda will include the draft resolution; presentation on the
36 -inch watermain emergency repair project, including project cost; a communications plan
and a conservation plan; and discussion of the overall JWC distribution system. Bolton &
Menk, Inc. will provide a draft of the presentation by March 26 to the Technical Advisory
Committee (TAC) for review.
Joint Water Commission
March 12, 2015
Page 2 of 3
36 -Inch Watermain Emergency Repair and Emergency Backup Water Supply Proiect
Update
A bid opening for the JWC Emergency Supply Pumps/Piping/Electrical/Chemical project
was held on March 10, 2015, and the following two bids were received:
* Includes a $60,000 allowance.
This bid includes the piping to the Golden Valley well. After review of the bids received,
Bolton & Menk, Inc. recommended awarding the contract to Municipal Builders in the
amount of $1,524,900 (base bid with alternate vertical turbine pump (Goulds)).
MOVED by McDonald and seconded by Norris to award the contract to Municipal Builders
in the amount of $1,524,900 for the JWC Emergency Supply
Pumps/Piping/Electrical/Chemical project. Motion carried.
County Road 9 Proiect Update
Jeff Oliver has been talking with Paul Backer, Hennepin County Construction Division, to
discuss the portion of the 36 -inch PCCP repair that will cut into the new County Road 9
roadway. A technical solution has been submitted to the County for discussion and
approval.
Other Business
A discussion of funding and projects listed on the current Capital Improvement Program
(CIP) were discussed. Until the 36 -inch PCCP repair and replacement project is completed,
no additional projects will be added to the CIP except for the analysis of the overall
distribution system. When the final project cost for the 36 -inch PCCP repair and
replacement project is known, Virnig will bring the CIP back to the JWC for discussion after
the TAC has reviewed the CIP.
LUMP SUM ITEMS
Bidders
1 a
1 b
1 c
Total
Crystal
Golden Valley
New Hope
1a + 1b + 1c +
$60,000
Builders
$676,300
$406,300
$382,300
$1,524,900
-Municipal
Magney
$711,500
$622,500
$444,700
$1,838,700
Construction
* Includes a $60,000 allowance.
This bid includes the piping to the Golden Valley well. After review of the bids received,
Bolton & Menk, Inc. recommended awarding the contract to Municipal Builders in the
amount of $1,524,900 (base bid with alternate vertical turbine pump (Goulds)).
MOVED by McDonald and seconded by Norris to award the contract to Municipal Builders
in the amount of $1,524,900 for the JWC Emergency Supply
Pumps/Piping/Electrical/Chemical project. Motion carried.
County Road 9 Proiect Update
Jeff Oliver has been talking with Paul Backer, Hennepin County Construction Division, to
discuss the portion of the 36 -inch PCCP repair that will cut into the new County Road 9
roadway. A technical solution has been submitted to the County for discussion and
approval.
Other Business
A discussion of funding and projects listed on the current Capital Improvement Program
(CIP) were discussed. Until the 36 -inch PCCP repair and replacement project is completed,
no additional projects will be added to the CIP except for the analysis of the overall
distribution system. When the final project cost for the 36 -inch PCCP repair and
replacement project is known, Virnig will bring the CIP back to the JWC for discussion after
the TAC has reviewed the CIP.
Joint Water Commission
March 12, 2015
Page 3 of 3
Next Meeting
The next meeting is scheduled for Wednesday, April 1, 2015, at 1:30 p.m.
Adjournment
Chair Burt adjourned the meeting at 2:19 p.m.
Thomas D. Burt, Chair
ATTEST:
Pat Schutrop, Recording Secretary
Item 4A
BCWMC 5-21-15
Bassett Creek Watershed Management Commission
Minutes of Regular Meeting
April 16, 2015
Golden Valley City Hall, 8:30 a.m.
Commissioners and Staff Present:
Crystal Commissioner Guy Mueller, Vice Chair Robbinsdale Alternate Commissioner Michael
Scanlan
Golden Valley
Medicine Lake
Commissioner Stacy Hoschka, Treasurer St. Louis Park Commissioner Jim de Lambert, Chair
Commissioner Clint Carlson Administrator Laura Jester
Minneapolis Alternate Commissioner Lisa Goddard Attorney Charlie LeFevere, Kennedy &
Graven
Minnetonka Commissioner Jacob Millner, Secretary Engineer Karen Chandler, Barr Engineering
Co.
New Hope Commissioner John Elder Recorder Amy Herbert
Plymouth Commissioner Ginny Black
Technical Advisory Committee (TAC) Members/ Other Attendees Present.
Derek Asche, TAC, City of Plymouth Jim Prom, Plymouth City Council
Marge Beard, Plymouth City Council Mark Ray, TAC, City of Crystal
Erick Francis, TAC, City of St. Louis Park Scott Reed, HDR
Christopher Gise, Golden Valley Resident Wayne Sicora, Commissioner, City of Robbinsdale
Shawn Markham, City of New Hope Liz Stout, TAC, City of Minnetonka
Richard McCoy, TAC, City of Robbinsdale Jim Toulouse, Metro Transit- Blue Line LRT Extension
Jane McDonald Black, Alternate Commissioner, City Scott Wylie, Golden Valley Resident
of Golden Valley
Kathryn O'Brien, Metro Transit, BPO
1. CALL TO ORDER AND ROLL CALL
On Thursday, April 16, 2015, at 8:35 a.m. in the Council Conference room at Golden Valley City Hall, Chair de
Lambert called to order the meeting of the Bassett Creek Watershed Management Commission (BCWMC) and
asked for roll call to be taken.
1
BCWMC April 16, 2015, Meeting Minutes
2. CITIZEN FORUM ON NON -AGENDA ITEMS
Mr. Scott Wylie spoke about the Theodore Wirth Park redevelopment master plan that the Minneapolis Parks and
Recreation Board (MPRB) has been developing. Mr. Wylie indicated his concern about the proposal to include
three miles of mountain bike racing trails. He said that the proposed trails would be approximately four to six feet
wide and the construction of the trails would disturb 79,000 square feet of vegetation and soil in the park. Mr.
Wylie distributed a map where the trails are proposed to be located within the park, and he reported that the trails
and design have been approved by the MPRB. He pointed out that the proposed trails will be adjacent to Bassett
Creek along each side.
Mr. Wylie provided information on the proposed design of the trails and said that they are not sustainable and do
not conform to U.S. Forest Service standards. He said that the area of the proposed trails is designated as an
important birding habitat through the National Audubon Society and is labeled in the redevelopment master plan as
an ecologically sensitive area. Mr. Wylie said that there is a location within the park that would be more suitable
for mountain bike trails, and he pointed out the area on the map.
Mr. Wylie noted that the City of Golden Valley could require an Environmental Assessment Worksheet (EAW) as
part of its permit process for the construction of this project in the park. The Commission briefly discussed the
topic, and Commissioner Hoschka requested that this issue be added to the agenda of an upcoming BCWMC
meeting.
3. AGENDA
Administrator Jester requested the addition to the agenda item 5F — appointment of Alternate Commissioner Jane
McDonald Black to the Budget Committee and item 5G — submission of abstract on the Wirth Lake Outlet project
to the Water Resources Conference. Commissioner Black moved to approve the agenda as amended.
Commissioner Elder seconded the motion. Upon a vote, the motion carried 9-0.
4. CONSENT AGENDA
Commissioner Goddard requested the removal of item 4E — Approval of France -Indiana Avenue Reconstruction,
Robbinsdale — from the Consent Agenda. Administrator Jester added to the Consent Agenda payment of the
invoice to Southwest Newspapers in the amount of $142.50 for publication of the BCWMC's public hearing
notice. Commissioner Black moved to approve the Consent Agenda as amended. Alternate Commissioner
Goddard seconded the motion. Upon a vote, the motion carried 9-0. [The following items were approved as part
of the Consent Agenda: the March 19, 2015, Commission Meeting minutes, the monthly financial report, the
payment of the invoices, and Set TAC Meeting for May 5, 2015]. The general and construction account balances
reported in the Fiscal Year 2015 Financial Report prepared for the April 16, 2015, meeting are as follows:
Checking Account Balance $805,871.51
TOTAL GENERAL FUND BALANCE $805,871.51
TOTAL CASH & INVESTMENTS ON -HAND (4/8/15) $3,403,742.93
CIP Projects Levied — Budget Remaining ($4,163,285.52)
BCWMC April 16, 2015, Meeting Minutes
Closed Projects Remaining Balance
$759,542.59
2012-2014 Anticipated Tax Levy Revenue
$9,634.81
2015 Anticipated Tax Levy Revenue
$1,000,000.00
Anticipated Closed Project Balance
$250,092.22
4E. Approval of France -Indiana Avenue Reconstruction, Robbinsdale
Alternate Commissioner Goddard stated two concerns about the information in the memo on this item. She said
her first concern was that the outlet velocities listed in the Commission Engineer's report seemed extremely high
and she recommends that the wording be revised to be more prescriptive. She said her other concern was in the
third bullet under item four in the April 81h Engineer's Memo; she would like verification on whether under the
NPDES permit the timeframe is seven days or fourteen days for stabilizing exposed soil areas. Alternate
Commissioner Goddard said that the timeframe would depend on the project's proximity to the creek.
Engineer Chandler responded that the Commission Engineer's intent is that the velocities need to be reduced to a
point that they won't create erosion problems. Additionally, she stated that she can reword the memo language to
state that if the work is within one mile of the creek, the timing needs to be shortened to seven days to stabilize
exposed soils.
There was discussion about the language that should be included about the outlet velocities. Engineer Chandler
recommended modifying the language in the memo's recommendation number 2 to state "to six feet per second"
and to include in recommendation number 4 bullet three the parenthetical language "(or seven days if within one
mile of Bassett Creek)."
Commissioner Black moved to approve the project with the Engineer's recommendations including the two
language modifications described by Engineer Chandler. Commissioner Hoschka seconded the motion.
Commissioner Sicora noted that specifying "to six feet" doesn't leave room for the City Engineer and
Commission Engineer to prescribe what would work best at this site. Engineer Chandler recommended modifying
the language to state "to prevent downstream erosion as agreed to by Commission Engineer" instead of "to six
feet per second" Commissioner Black made the friendly amendment to the motion so that the language states
velocities to minimize the downstream erosion. Commissioner Hoschka approved the friendly amendment. Upon
a vote, the motion carried 9-0.
5. BUSINESS
A. Receive Update on Blue Line (Bottineau) LRT (Light Rail Transit) Project
Engineer Chandler reminded the Commission that it had directed staff to provide assistance, as needed on the
LRT project and had set an interim cap of $5,000 for that involvement. She said that the budget spent to -date
on that work is about $4,100 so staff would like direction on staff's future involvement. Engineer Chandler
reported that the next big project phase in which she sees Commission involvement is regarding floodplain
issues and design review.
Engineer Chandler introduced Jim Toulouse, Engineering Manager with the Metro Transit for the Blue Line
LRT. He summarized the 13 -mile light rail extension project, which will run from downtown Minneapolis at
the Target Field station to the northwest suburbs, ending just north of Highway 610 in Brooklyn Park. Mr.
BCWMC April 16, 2015, Meeting Minutes
Toulouse described the project timeline, explaining that currently the project is in the project development
phase, which started in August 2014. He stated that this phase needs to be complete within two years,
meaning that by August 2016 the project needs to be in final engineering. Mr. Toulouse said that within the
next 15 to 18 months the project needs to get through the final environmental impact statement and municipal
consent process with its partner agencies.
Mr. Toulouse shared that in 2017 the project would be in final design and would be in construction in 2018
through 2020 with service commencing in 2021. He reported that the draft environmental impact statement
identified 15 technical issues, and he handed out a map that identified the issues. He noted that an issue in this
watershed is technical issue number 5, Golden Valley alignment, and the sub -issues to number 5, including
Bassett Creek floodplain impacts and some poor soils adjacent.
Mr. Toulouse went through the map in more detail, explaining that the project is in process of identifying
flood plain impacts and mitigation areas, such as in the Grimes pond area and in the areas of North Rice Lake
and South Rice Lake. Lisa Goddard offered comments based on her role with SRF on this project.
Kathryn O'Brien introduced herself and her role with Metro Transit and on this project. She discussed the
environmental assessment analysis. Ms. O'Brien said that the plan is to have some technical documentation
and findings on wetlands and floodplains ready to bring to various decision-making bodies later this fall. She
reported that the final EIS (Environmental Impact Statement) would be prepared for publication later in 2016.
Scott Reed of HDR introduced himself and described his role in the project. He provided an update on the
process of completing the Environmental Impact Statement. Ms. Goddard described the project work that has
been done to identify flood plain impacts and mitigation. She noted areas identified for mitigation and said
that the City of Golden Valley and the MPRB are amenable to the location identified. She described concepts
presented to the cities of Robbinsdale and Golden Valley. There was discussion of the project's technical
evaluation panel, and Ms. O'Brien said that she believes this group will be part of that panel.
There was discussion, and Ms. Goddard, Ms. O'Brien, Mr. Reed, Mr. Toulouse, and Engineer Chandler
responded to questions. Commissioner Hoschka voiced her concern about timing and asked that the
BCWMC be given the time it needs to make decisions and provide input throughout the project's progress.
Administrator Jester said that staff is asking for Commission approval to continue working with Metro Transit
and its consultants. Commissioner Hoschka moved to have this work as a standing agenda item and for staff
to continue to be involved in the project and to continue to keep the Commission updated on the project and
staff involvement. Commissioner Black added, "based on the dollars in the budget right now." Commissioner
Hoschka agreed to the friendly amendment to her motion. Commissioner Mueller seconded the motion. Upon
a vote, the motion carried 9-0.
Mr. Reed stated that wetland delineation work will occur in the next four to six weeks. He noted that also in
the next four to six weeks there will be a kick-off meeting with the Army Corps of Engineers and technical
representatives from along the corridor including the BCWMC. He said that there will be technical reports
available in June, which the BCWMC will receive for review. Mr. Reed noted that in September the
discussion will start about wetland mitigation but pen -nits won't be needed until 2017-2018.
Commissioner Black remarked that she would like to attend the technical evaluation panel meetings including
the kick-off meeting with the Army Corps. She asked to be forwarded the meeting information.
Commissioner Carlson raised the topic of the Commission's XP-SWMM model and the idea of partnering on
any aspect of the XP-SWMM model as possible through this LRT extension project. He advocated that the
Blue Line use XP-SWMM modeling, instead of a different type of modeling, in its project and that the
BCWMC April 16, 2015, Meeting Minutes
BCWMC and the Blue Line project work together as possible on the XP-SWMM model.
[Commissioner Elder departs the meeting.]
B. Receive Update on Development of Watershed Management Plan
Administrator Jester reported that the 60 -day review period for the Commission's draft watershed plan ended
at the end of January. She announced that the Commission received comments from multiple agencies and a
few commissioners. Administrator Jester reminded the Commission that it needs to respond in writing to all
of those different agencies. She said that the Commission needs to approve the responses to comments and
that the draft responses are included the meeting packet. She noted that the Plan Steering Committee had
reviewed, discussed, and helped to develop these responses over the course of two meetings.
Administrator Jester said that all of the draft comments are open for discussion. She described the comments
received from Commissioner Mueller and Alternate Commissioners Goddard and Crough. She went through
the draft responses included in the meeting packet and that were highlighted in gray.
There was discussion about leaving Turtle Lake, Grimes, North, and South Rice Ponds off the list of priority
waterbodies. Administrator Jester walked through the Plan Steering Committee's discussions and thought
processes, noting that these waterbodies are classified by the State as wetlands. She noted that because they
are all part of the BCWMC Trunk System, they would still be eligible for capital improvements and
monitoring through CAMP. Mr. McCoy stated he is generally okay with leaving these waterbodies off the
priority waterbody list and would certainly advocate for any projects that would come up there. It was noted
the Commission should, over the life of this plan, learn more about significant wetlands throughout the
watershed.
There was lengthy discussion on the response to comment number 13 from the Association of Medicine Lake
Area Citizens (AMLAC). The Commission agreed to change the proposed response to include
acknowledgement that Medicine Lake water levels were a key issue of area residents. The Commission also
agreed to remove the proposed language in the response related to Section 5.2.1.1.
Commissioner Black requested the inclusion into Section 3.2, as referenced in comment 13, reports of the
relationship between precipitation and lake levels as provided to AMLAC by Barr Engineering Company.
Alternate Commissioner Goddard moved to adopt the responses to comments as modified in today's
discussion. Commissioner Mueller seconded the motion. Upon a vote, the motion carried 7-0 [Commissioner
Carlson abstained from the vote. Commissioner Elder absent from the vote.]
C. Review Budget and Timeline for XP-SWMM Phase II Project and Determine Next Steps
As per direction given at the March Commission meeting, Engineer Chandler presented a memo from Barr
Engineering detailing the proposed project timeline and budget.
Engineer Chandler went through the portion of the memo identifying the proposed revisions to the model,
including new proposed revisions about incorporating Atlas 14 precipitation depths and the MN MSE3 storm
distribution and ensuring vertical datum consistency throughout the model.
Engineer Chandler discussed Table 1 in the memo, noting the estimated cost of $261,000. She highlighted the
fact that the Commission could use Plymouth Creek flow monitoring data collected by the Three Rivers Park
District assuming the City of Plymouth is willing to share that information with the Commission.
Engineer Chandler said that Phase 11 would begin in 2015 with Plymouth Creek, the Medicine Lake direct
watershed, and would hopefully include the North Branch of Bassett Creek flow monitoring in 2015. She
5
BCWMC April 16, 2015, Meeting Minutes
described options for funding the project, including spreading the cost over two years with the 2015 portion
being $103,000 and the 2016 portion being $158,000. She went into further details about possible funding
options. Engineer Chandler reported on a meeting she and Administrator Jester had with the Department of
Natural Resources to talk about possible FEMA (Federal Emergency Management Agency) funds available
for this project. She said that there could be $50,000 to $70,000 available through FEMA, which would pass
through the DNR, for the mapping of 1 I miles of Bassett Creek. She also noted the FEMA funding would
require some additional work not included in the work plan and budget but that funding from FEMA would
more than offset these additional tasks and their associated costs.
There was discussion. Alternate Commissioner Goddard moved that the Commission begin the XP-SWMM
Phase 11 project in 2015 on the schedule outlined in the Commission Engineer memo, using the BCWMC's
Flood Control Long-term Maintenance funds for the first year of work, and directing the Budget Committee
to determine a source of funding for 2016 work, and continuing to look for funding from other sources.
Commissioner Hoschka seconded the motion.
Commissioner Black said that she will not support the motion because she thinks there are other ways to
complete the model over time and that costs for maintenance of the model should also be considered. There
was discussion. Commissioner Hoschka moved to cut off discussion. Alternate Commissioner Scanlan
seconded the motion. By call of roll, the motion to cut off discussion carried 7-1 [City of New Hope absent
from vote].
BCWMC Representative
Ay
Nay
Muller (Crystal)
X
Hoschka (Golden Valley)
X
Carlson (Medicine Lake)
X
Goddard (Minneapolis)
X
Millner (Minnetonka)
X
Black (Plymouth)
X
Scanlan (Robbinsdale)
X
de Lambert (St. Louis Park)
X
Administrator Jester reiterated the original motion, which directs the Commission Engineer to complete this
project within the timeframe presented in Table 1 of the memo in the meeting packet, approve the use of
$103,000 in Flood Control Project Long-term Maintenance funds for work in fiscal year 2015, direct the
BCWMC Budget Committee to determine a source of funding for the fiscal year 2016 project costs, and to
direct Commission staff to continue seeking project funding from other sources. By call of roll, the motion
carried 6-2 [City of New Hope absent from vote].
BCWMC April 16, 2015, Meeting Minutes
BCWMC Representative
Ay
Nay
Muller (Crystal)
X
X
Hoschka (Golden Valley)
X
Carlson (Medicine Lake)
X
Goddard (Minneapolis)
X
X
Millner (Minnetonka)
X
Black (Plymouth)
X
X
Scanlan (Robbinsdale)
X
de Lambert (St. Louis Park)
X
[Commissioner Millner and Alternate Commissioner Goddard depart the meeting.]
D. Consider Approval of Contract with HDR for Website Redesign Project
Commissioner Black moved that the Commission not approve the contract and stop work on the website
redesign project and instead use the funds budgeted for the website project to defray the cost of the XP-
SWMM model update. Alternate Commissioner Scanlan seconded the motion. There was discussion about
the motion. Commissioner Hoschka moved to cut off discussion. Alternate Commissioner Scanlan seconded
the motion. By call of roll, the motion carried 5-1 [Cities of Minneapolis, Minnetonka, and New Hope absent
from vote].
BCWMC Representative
Ay
Nay
Muller (Crystal)
X
Hoschka (Golden Valley)
X
Carlson (Medicine Lake)
X
Black (Plymouth)
X
Scanlan (Robbinsdale)
X
de Lambert (St. Louis Park)
X
BCWMC April 16, 2015, Meeting Minutes
Commissioner Hoschka moved to approve entering into contract with HDR for the BCWMC website redesign
project. Alternate Commissioner Scanlan seconded the motion. By call of roll, the motion carried 5-1 [Cities
of Minneapolis, Minnetonka, and New Hope absent from vote].
BCWMC Representative
Ay
Nay
Muller (Crystal)
X
Hoschka (Golden Valley)
X
Carlson (Medicine Lake)
X
Black (Plymouth)
X
Scanlan (Robbinsdale)
X
de Lambert (St. Louis Park)
X
E. Consider Approval of Technical Advisory Committee Recommendations
Commissioner Black moved to table the rest of the agenda items. Administrator Jester said that the TAC
recommendations could be deferred to the next Commission meeting but there needed to be action on the two
items that were added to the agenda. The Commission agreed to defer the TAC recommendations to the
Commission's May meeting.
F. Appoint Alternate Commissioner Jane McDonald Black to BCWMC Budget Committee
Alternate Commissioner Scanlan moved to appoint Jane McDonald Black to the BCWMC Budget
Committee. Commissioner Mueller seconded the motion. Upon a vote, the motion carried 6-0.
G. Authorize Inclusion of Wirth Lake Outlet Project in Water Resources Conference Abstract
Submission
The Commission indicated approval of the inclusion of the Wirth Lake Outlet Project in a Water Resources
Conference abstract submission to be prepared by Barr Engineering Company at no cost to the Commission.
6. COMMUNICATIONS
A. Administrator: No Administrator Communications
B. Chair: No Chair Communications
C. Commissioners:
Commissioner Hoschka reported that she received an email from a resident regarding erosion
along Bassett Creek along Golden Valley Road and just north of the recent creek restoration
project area. She said that she has forwarded the communication to the City of Golden Valley.
D. TAC Members: No TAC Communications
E. Committees: No Committee Communications
F. Legal Counsel: No Legal Communications
G. Engineer: No Engineer Communications
7. INFORMATION ONLY (Available at
http://www. bassettcreekwmo.o rg/Meetings/2015/2015-
Ap ril/2015AprilMeetingPacket. htm)
A. CIP Project Update Chart
B. Grant Tracking Summary and Spreadsheet
8. ADJOURNMENT
Chair de Lambert adjourned the meeting at 11:30 a.m.
Amy Herbert, Recorder Date
Secretary
Date
BCWMC April 16, 2015, Meeting Minutes
E
city 0
golden MEMORANDUM
valleyPhysical Development Department
7453-593-80301763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 7, 2015
Agenda Item
3. E. 1. Award Contract for Schaper Pond Diversion Project, City Improvement Project No. 13-28
Prepared By
Jeff Oliver, PE City Engineer
Tom Hoffman, Water Resource Technician
Summary
Sweeney Lake is among the water bodies in Minnesota that the Minnesota Pollution Control
Agency (MPCA) lists as impaired waters. Based upon monitoring performed over many years, the
lake is impaired by excess nutrients, specifically phosphorus that is discharged into the lake with
storm water runoff. Excess phosphorus in a water body can result in algae blooms.
Due to Sweeney Lake's status as an impaired water, the Bassett Creek Watershed Management
Commission (BCWMC) prepared a Total Maximum Daily Load Study (TMDL) for the lake that was
formally adopted in 2011. The study identified the internal and external phosphorus loading to the
lake and identified potential methods of reducing the phosphorus loading and improving the
water quality. The modification of Schaper Pond, located immediately to the south of the lake, was
specifically identified in the TMDL study as a project that could significantly benefit Sweeney Lake.
In 2012, on behalf of the BCWMC, the City retained Barr Engineering Co. to prepare a feasibility
report for the modification of Schaper Pond. The preferred alternative identified in this feasibility
report was the diversion of more storm water into the deepest part of Schaper Pond to maximize
water quality treatment. Furthermore, the feasibility report determined that up to 100 pounds of
phosphorus could be removed from runoff entering Sweeney Lake as a result of these
improvements.
The City retained Barr Engineering Co. to prepare plans and specifications for the water quality
improvement project. Bids were solicited for the Schaper Pond Diversion Project. Three Bids were
received and opened on June 11, 2015, with the following bid submitted:
Sunram Construction, Inc. $112,455.00
GF Jedlicki, Inc. $161,535.00
BD Construction $190,840.00
Staff has reviewed the bids and found them to be in order.
The BCWMC has $380,005.10 in its 2015 Capital Improvement Program for construction of this
project. As with all BCWMC projects, the City will be reimbursed for its expenditures.
Recommended Action
Motion to award a contract for the Schaper Pond Diversion Project to the lowest responsible
bidder, Sunram Construction, Inc. in the amount of $112,455.00.
city 0
olden M E WO R A N D U M
valleyPhysical Development D artment
76:3-593-80301 763-593-3988 ifaxl
Executive Summary For Action
Golden Valley City Council Meeting
July 7, 2015
Agenda Item
3. E. 2. Award Contract for Fire Alarm System and Monitoring Project, City Improvement Project
No. 15-23
Prepared By
Al Lundstrom, Park Maintenance Supervisor
R.J. Kakach, EIT, Engineer
Summary
The fire alarm system at City Hall has been experiencing hardware issues for several years and is
more susceptible to false alarms. The equipment is approaching 15 years old and maintenance on
the system is getting more difficult because the parts are no longer in production for the old fire
alarm panel. Used parts are currently being used for repairs.
The current system is not to code and, with the recent fire suppression projects in the Utility
Maintenance and Street Maintenance garages, cannot accommodate the monitoring of these
new fire suppression systems. By upgrading the monitoring system and adding small monitoring
panels in the three garage buildings, the City will save approximately $1,500 each year on current
monitoring costs.
Staff solicited quotes for the Fire Alarm System and Monitoring Project (City Hall/Vehicle
Maintenance Garage/Utilities Garage/Streets-Parks Garage), City Improvement Project No. 15-23.
The following bids were received:
Company Quote
Life Safety Systems $20,595
Minnesota Conway $23,750
Funding for the Fire Alarm System Replacement will be included in the Building Operations
Budget 1180-6960.
Staff has reviewed the bids and found them to be in order.
Recommended Action
Motion to award a contract for the Fire Alarm System Monitoring Project to the lowest
responsible bidders, Life Safety Systems, in the amount of$20,595.
city oaf
go Idvalley
MEMORANDUM
Physical Development Depart ent
76:3-593-80301 763-593-3988 ifaxl
Executive Summary For Action
Golden Valley City Council Meeting
July 7, 2015
Agenda Item
3. E. 3. Award Contract for the 2015 Sandburg Learning Center Athletic Field Irrigation Installation
Project No. 15-18A.
Prepared By
Al Lundstrom, Park Maintenance Supervisor
Rick Birno, Director of Parks and Recreation
Summary
The City has partnered with School District #281, Golden Valley Youth Athletic Associations and
the Hennepin County Youth Sports Grant Program to renovate the existing athletic fields at
Sandburg Learning Center located at 2400 Sandburg Lane.
The shared use of the athletic complex has changed significantly and existing fields are in poor
condition including significant grade issues that leave portions unplayable after rain events. The
project will include improving grades were necessary, installation of turf irrigation and fencing,
concrete mow strips, dugouts and bleacher pads and improved accessibility. The overall project
will provide a more centralized location for multiple athletic uses.
Staff solicited bids for the 2015 Sandburg Learning Center Athletic Field Irrigation Installation
Project No. 15-18A. The bid consisted of a base bid of the main soccer fields east of Sandburg
School, bid alternate #1 baseball fields and bid alternate #2 soccer area north of Sandburg
School. Golden Valley maintenance staff will be completing the soccer area north of Sandburg
School. The following bids were received for the base bid and bid alternate #1:
Company Base Bid and Bid Alternate #1
Aqua Engineering, Inc. $117,291
Advanced irrigation $137,000
Staff has reviewed the bids and found them to be in order and determined that the
recommendation of awarding the base bid and bid alternate #1 is within budget.
Funding for the 2015 Sandburg Learning Center Athletic Field Irrigation Installation Project will
come from the Hennepin County Youth Sports Program Grant, Golden Valley Parks CIP Fund and
fiscal partnership support from Golden Valley Youth Athletic Associations and Robbinsdale School
District.
Recommended Action
Motion to award a contract for the 2015 Sandburg Learning Center Athletic Field Irrigation
Installation Project No. 15-18A to the lowest responsible bidder, Aqua Engineering, Inc. in the
amount of $117,291.00.
city�f 0 r
MEMORANDUM
goldM-.4le Ph sisal Development Department
7$3-593-803 01763-59a-ag$8 llf-ax)
Executive Summary For Action
Golden Valley City Council Meeting
July 7, 2015
Agenda Item
3. E. 4. Award Contract for the 2015 Sandburg Learning Center Athletic Field Fencing Installation
Project No. 15-1813.
Prepared By
Al Lundstrom, Park Maintenance Supervisor
Rick Birno, Director of Parks and Recreation
Summary
The City has partnered with School District #281, Golden Valley Youth Athletic Associations and
the Hennepin County Youth Sports Grant Program to renovate the existing athletic fields at
Sandburg Learning Center located at 2400 Sandburg Lane.
The shared use of the athletic complex has changed significantly and existing fields are in poor
condition including significant grade issues that leave portions unplayable after rain events. The
project will include improving grades were necessary, installation of turf irrigation and fencing,
concrete mow strips, dugouts and bleacher pads and improved accessibility. The overall project
will provide a more centralized location for multiple athletic uses.
Staff solicited bids for the 2015 Sandburg Learning Center Athletic Field Fencing Installation
Project No. 15-1813. The following bids were received:
Company Quote
Fenc-co $154,598
Midwest Fence $185,535
Staff has reviewed the bids and found them to be in order and determined that the
recommendation of awarding the base bid and bid alternate #1 is within budget.
Funding for the 2015 Sandburg Learning Center Athletic Field Fencing Installation Project No. 15-
18A will come from the Hennepin County Youth Sports Program Grant, Golden Valley Parks CIP
Fund and fiscal partnership support from Golden Valley Youth Athletic Associations and
Robbinsdale School District.
Recommended Action
Motion to award a contract for the 2015 Sandburg Learning Center Athletic Field Fencing
Installation Project No. 15-18B to the lowest responsible bidder, Fenc-co in the amount of
$154,598.
city 0
golden'EOA[v11 Administrative Services Department
763-593-8013 1763-593-3969 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 7, 2015
Agenda Item
3. F. Approve Requests for Beer and/or Wine at Brookview Park
Prepared By
Kris Luedke, City Clerk
Summary
As per City Code Section 10.83, Subd. 2 I. "No person shall possess, display, consume or use
alcoholic beverages on any City park property, unless permission is granted by the Council." As
part of the application process for a Facilities Use Permit to use the large and small picnic shelters
at Brookview Park the applicant has the option to pay an additional $25 to be able to serve beer
and/or wine. Attached is a list of the individuals and/or organizations who have requested that
option.
Attachments
• Beer and/or wine request list (1 page)
Recommended Action
Motion to approve the requests for beer and/or wine at Brookview Park as recommended by
staff.
BEER AND/OR WINE REQUEST LIST
INDIVIDUAL OR ORGANIZATION
CC DATE
DATE
TIME
SHELTER
APPROVED
Bobbie Clausen
07-12
11 am
- 4 pm
Small
07-07-15
Sallie Best
07-19
11 am
- 4 pm
Small
07-07-15
Jody King
08-09
5 pm -
10 pm
Small
07-07-15
Karen Waibel - Liberty Mutual
08-13
11 am
-4 pm
Small
07-07-15
Cassie Wells
08-14
5 pm -
10 pm
Large
07-07-15
Brittany Anderson - Holy Nativity Childcare
08-26
5 pm -
10 pm
Large
07-07-15
Diane Choukalas
09-04
5 pm -
10 pm
Large
07-07-15
Sarah Roozen
09-25
5 pm -
10 pm
Large
07-07-15
Stacy Sommers - Allianz
08-19
11 am
- 4 pm
Small
07-07-15
Eric Overguard
07-11
11 am
- 4 pm
Small
07-07-15
Steve Hatfield
07-09
11 am
- 4 pm
Large
07-07-15
Precious Zelee
07-19
5 pm -
10 pm
Small
07-07-15
Kate Semelhack
09-05
11 am
- 4 pm
Small
07-07-15
Justin Dass - Epicor
08-21
11 am
- 4 pm
Large
07-07-15
city of
golden,valley
MEMORANDUM
Public Works Department
763-593-8030 / 763-593-3968 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 7, 2015
Agenda Item
3. G. Authorize Agreement with WSB & Associates, Inc. for Final Design and Construction
Administration Services for the Honeywell Pond Project No. 14-20.
Prepared By
Jeff Oliver, PE, City Engineer
Eric Seaburg, EIT, Engineer
Summary
The Bassett Creek Watershed Management Commission (BCWMC) has determined that it is in
the best interest of its member communities and the watershed to expand the stormwater pond
located West of Douglas Drive at Duluth Street. A feasibility report was prepared by WSB and
accepted by the BCWMC in October of 2014. In an effort to streamline construction of the pond
and include the project with the Douglas Drive Reconstruction Project, a BCWMC major plan
amendment was required. The plan amendment was necessary so that the project could be
expedited. The Honeywell Pond project has been on hold since the acceptance of the feasibility
report and commencement of the major plan amendment process. The amendment process is
expected to be completed in August 2015 at which time a cooperative agreement with the
BCWMC for this project will be brought before the City Council for consideration.
The Honeywell Pond Project feasibility report calls for an increase in the size and depth of
Honeywell Pond, thus creating additional water quality and flood volumes. An increase in water
quality volume will increase phosphorus removal, suspended solid removal, and increase overall
treatment of local water runoff before it enters Bassett Creek. The feasibility report also calls for
a large natural buffer strip around the pond to act as a filter for water runoff and enhance natural
habitat. Lastly, the feasibility report includes a water reuse system that will pump water from
Honeywell Pond to the irrigation system at the Sandburg School athletic fields, where the City is
currently working to convert the fields to a soccer complex. The estimated cost of the Honeywell
Pond is $1,202,000.
Staff has received the attached proposal from WSB for final design services on this project. The
proposal, in the amount of $141,212, includes a schedule that is condensed to the extent possible
so that the project can be bid within the Douglas Drive Reconstruction Project, which is expected
to be bid in January or February of 2016. The proposal includes professional services that will
cover preliminary and final design, permitting, construction plan and specification preparation,
and construction staking and inspection.
Attachments
• Work Plan for Final Design Services (12 pages)
Recommended Action
Motion to authorize agreement with WSB & Associates, Inc. in the amount not to exceed
$141,212 for final design and construction administration services for the Honeywell Pond
Project No. 14-20.
A
WSB
&& Assoc engineering • planning • environmental • construction
January 13, 2015
Mr. Jeff Oliver, City Engineer
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
Re: Honeywell Pond Enhancement and Improvement Project
City of Golden Valley, MN
Dear Mr. Oliver:
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
Attached for your review and approval is our proposed scope of services, fee, and schedule for providing
professional engineering services to complete a final design services for the Honeywell Pond
Enhancement and Improvement Project. The related feasibility study was completed on October 7, 2014.
We are excited to continue to work with you on this project. If you are in agreement with this proposal,
please sign where indicated and return one copy to me. Please do not hesitate to contact Jake at 763-231-
4861 with any questions.
Sincerely,
WSB & Associates Inc.
Jake Newhall, PE
Water Resource Project Manager
Attachment
ACCEPTED BY:
City of Golden Valley, MN
Signature:
Name/Title: Thomas D. Burt, City Manager
Date:
Signature:
Name/Title: Shepard M. Harris, Mayor
Date:
Equal Opportunity Employer
wsbeng.com
Pete Willenbring, PE
Principal
W:\Proposals%G Iden Valley\LTR PROP-jotiver-011315-Honeywe0.doe
Work Plan for Final Design Services:
Honeywell Pond Enhancement and Improvement Project
December 15, 2014
PROJECT UNDERSTANDING
It is our understanding that the City of Golden Valley is requesting a work plan to provide
preliminary and final design services for the Honeywell Pond Enhancement and Improvement
Project. It is also understood that the proposed improvements should be generally consistent with
the feasibility report for the Honeywell Pond Enhancement and Improvement Project dated
October 7, 2014. The work needed will generally include the following activities:
Gathering and analyzing additional background information for the area as needed and
preparing a Preliminary Plan.
Permit applications and supportive exhibits will need to be prepared and submitted to:
1. Clean Water Act Section 404 permit from the USCAE, and Section 401 Certification
from the Minnesota Pollution Control Agency (MPCA)
2. Compliance with the Minnesota Wetland Conservation Act
3. Minnesota Pollution Control Agency National Pollution Discharge Elimination
(NPDES) System Construction Storm water Permit
4. Bassett Creek Watershed Management Commission Permit
5. City of Golden Valley Storm water Permit
6. City of Golden Valley ROW Permit
7. DNR Water Appropriation Permit.
These activities will also require responding to questions and providing follow up
information as requested.
Additional Environmental Assessment work may be required due to the possible
existence of contaminated materials; however, if necessary, this effort will be an extra to
the scope of work.
Tree removal and tree planting plan shall be incorporated into the plans and
specifications.
An extended warranty (3 years) on vegetation, including maintenance. may be required to
be incorporated into the plans and specifications unless this warranty concern is
addressed as part of another program.
Proposed improvements are identified in the feasibility report. Additional improvements
may also be added to those currently shown in the feasibility report. If significant
additional design effort is required, this work will be an extra to the scope of work.
Construction Observation Services are included as part of this work plan and an estimate
for the time required has been provided. Actual costs will be based on the actual time
required by the contractor to complete the work, and the corresponding time required to
provide these services.
PROJECT APPROACH/WORK PLAN
The tasks and scope of work outlined below have been specifically developed to provide
preliminary and final design, permitting, construction, and other related services needed to allow
for the successful completion of the project.
Task]: Gather Background Information
WSB will gather background information about the pond and the surrounding areas as needed to
complete this design work. Although some of this information has been developed as part of the
feasibility report for this project, this effort will include:
Gathering GIS data and record drawing information of the properties and existing utilities
within the project area.
Completing inspection and developing photographic record of the area to further identify
and locate eroded areas, existing utilities, and infrastructure within the project area.
Generally defining size and location of trees in areas where work is proposed.
Developing contact database of residents, agencies, and organizations that will be
stakeholders of the project.
Incorporating property owner input into the design.
Providing a project kickoff meeting.
Deliverables:
Base map, containing information gathered as part of Task 1 activities.
Contacts database of agencies/organization and provide list to City
Hold project kickoff meeting
Task 2: Complete Review and Analysis of Background Information
WSB will review the information collected in Task 1 in the following manner:
Analyze GIS data, record drawings, and preliminary survey data information to the extent
needed to verify accuracy and suitability for use in final design.
Define the extent to which tree removals will be required to allow for pond expansion
and access to provide desired improvements to the pond bed and banks.
Review the design concepts for the project with City staff to determine sustainability and
short and long term maintenance requirements.
Evaluate permitting agency policies to determine the permits required and time line to
initiate the project.
Review and update hydrologic and water quality models as needed to estimate the
hydrologic and water quality benefits of the project.
Deliverables:
Meeting with stakeholders to review and discuss findings from data collection and review
and analysis effort
Memorandum outlining findings including information on permits required to complete
the project and an approximate schedule to obtain permits
Task 3: Develop Preliminary Construction Plan
Based on the information developed as part of Tasks 1 and 2, a preliminary construction plan
will be developed and will include:
Estimated project limits.
Proposed project access routes.
Estimated tree removal quantities.
Grading plan outlining the location and extent of excavation and grading proposed within
the project area along with other selected improvements.
Preliminary estimate of project cost.
The preliminary plans will not be suitable for bidding purposes. However, they will be adequate
to define the project scope, tree removals, project costs, further define access routes, and will be
suitable to support permit submittals.
Deliverables:
Preliminary plan
Preliminary cost estimate for the project
Timeline for scheduling public meetings, obtaining permits, completion of final plans,
bidding, and construction timeline.
Task 4: Define Right of Way and Easement Acquisition Needs
Once the preliminary plan is prepared, the options for site access and construction will be
coordinated with Honeywell. This task includes coordination with the Douglas Drive project and
the associated Right of Entry and Easement needs.
Deliverables:
Right of entry
Task 5: Review Preliminary Plan with Stakeholders
This task will include:
Reviewing preliminary plan with the City.
Holding up to two meetings to review and discuss the project with the adjacent land
owners.
Preparing up to two informational presentations to discuss the project.
Updating preliminary plan to reflect stakeholder comments.
Upon completion of this review and receipt of comments, the 50% preliminary plans will be
completed.
Deliverables:
Meetings as described above to review the preliminary plan with the City staff, public,
and BCWMC staff and Board if needed.
Task 6: Submit Permit Applications
As part of this task, WSB will complete and submit formal permit applications, supportive
exhibits, and the preliminary plans as needed to the following permitting agencies:
Bassett Creek Watershed Management Commission, plan review
Minnesota Department of Natural Resources, Work in Public Waters Permit
Minnesota Pollution Control Agency, NPDES Construction Stormwater Permit
U.S. Army Corps of Engineers, Section 404 of the Clean Water Act
Wetland Conservation Act, Administered by Local Governing Unit
Deliverables:
Submittal of permit applications to regulatory agencies
Task 7: Provide Permit Application Follow Up
WSB will follow up with all of the permitting agencies to assure the following occurs:
Timely posting of plans for public comment period.
Response to comments received from the permitting agencies during the public comment
period. Continued dialog with permitting agencies has been proven to expedite the
permitting process.
Deliverables:
Submittal and posting of the plans for public comment
Response to comments received from permitting agencies
Request additional meetings with regulatory agencies, if needed
Task 8: Develop Final Plans and Specifications
Once permitting agencies have responded to our permit applications, we have replied to their
comments, we have received a response, and if it appears that no significant issues have come up
that would question the ability of the project to receive permits in the future then WSB will
initiate work to complete final plans and specifications for the project. The final plans and
specifications may likely reflect changes based on the comments received from the permitting
agencies. This work will include preparation of the following:
Finalized construction limits and access routes
Storm Water Pollution Prevention Plan
Native vegetation restoration plan
Construction plans based on the preliminary plans and revised to reflect comments from
stakeholders
Project specifications, front-end documentation, and prequalification of contractor
information
Cost estimates
Estimated construction timeline
Deliverables:
Final plans and specifications for the project
Construction cost estimate
Construction schedule
Task 9: Submit Final Plans and Specifications for Approval
WSB will:
Submit final plans and specifications to the City of Golden Valley, Permit Agencies, and
Bassett Creek Watershed for approval.
Submit final project cost estimate.
Submit final project schedule.
Deliverables:
Submittals of finalized plans, specifications, cost estimate, schedule, and attendance at
meetings for City Council and other stakeholder approval of the project.
Task 10: Complete Bid Process and Award Project
WSB will coordinate the bidding and award of the project in conjunction with the Douglas Drive
project. This includes the following (contained in the Douglas scope of services):
Preparing an Advertisement for Bids for the project.
Opening the project for bidding.
Holding a pre-bid meeting where WSB staff will be available to answer contractor
questions. This non -mandatory pre-bid meeting is important to discuss the bidding
requirements and project approach.
Sending out any necessary addendums.
Preparing recommendation for award.
Deliverables:
Ad for bid
Hold pre-bid meeting
Typical contract management documents
Meeting for pre- and post -bid bidder review and final recommendation meetings
Attendance at City Council meeting for the contract award
Task 11: Provide Construction Services
As part of this task, WSB will provide construction services for the project, which will include
the following:
Finalizing contact documents and conduct pre -construction meeting.
Providing field staking.
o Providing construction observation and project management services.
Conducting progress meetings.
Preparing contractor payments, preferably using RT Vision and OneOffice software.
Preparing record drawings upon project completion of the project.
Completing project closeout.
Deliverables:
Hold construction progress meetings with contractor and staff
Process pay vouchers
Provide final record drawings for the project.
PROJECT TIMELINE
Complete 50% plans:
Submit Permit Applications
Complete Final Plans:
Receive Bids:
Construction:
Substantial Completion:
KEY PERSONNEL
August, 2015
August/Sept., 2015
October, 2015
Jan/Feb, 2016
2016/2017
Summer, 2017
Pete Willenbring, PE
Project Manager/Day-to-Day Contact
Pete will serve as the Project Manager and Day -to -Day Contact. His extensive experience
working on a broad spectrum of water resource and environmental engineering projects, and his
specific expertise in Storm water Pond design will be used to manage this project, direct WSB
staff, and communicate with City staff while completing the erosion control project.
Pete is a principal and co-founder of WSB & Associates, Inc. Since starting the firm in 1995, he
has developed and managed the Water Resources and Environmental Engineering group and
selected day-to-day operations of the firm. Prior to starting WSB, he worked for two other water
resource consulting engineering firms. Pete is a registered professional engineer, with 30 years of
experience providing consulting services to more than 100 city, county, state, and federal clients.
He has expertise in most aspects of civil engineering, but is widely recognized to have developed
special expertise in water resource and environmental engineering, project management, design,
and planning. Pete received national recognition in 2010 as the "Water Resource Manager of the
Year" by the American Public Works Association.
Over the course of his career, he has managed water resource related projects or regulatory
programs for more than 50 cities or watershed districts within the Twin Cities metropolitan area.
Pete has reviewed, analyzed, designed, or managed the construction of more than 1,000 projects
that were built to manage stormwater runoff rates, volumes, or quality in lakes, streams, or
drainage systems throughout Minnesota.
Joseph Abramson
Engineer/Construction Inspector
Joey will be a design engineer and primary construction observer for the project. He will
provide appropriate direction for the contractor to implement the improvements in a manner
consistent with the plans and specifications.
He has experience in stream restoration, storm water pond maintenance, water quality and
quantity monitoring, chemical surface water treatment, and vegetation management. He has
experience in project permitting, including the U.S. Army Corps of Engineers, Department of
Natural Resources, Pollution Control Agency, and local watersheds. He also has experience in
construction observation, and has technical skills in AutoCAD and GIS programs.
Ed Youngquist
Project Designer
In addition to Joseph, Ed will also serve as a designer preparing the CADD drawings needed for
the erosion control project. He has more than 15 years of civil engineering design experience,
including an extensive background in grading design, street and utility plans, SWPPP and MPCA
permits, specifications, and construction administration. Ed has managed CADD technicians and
worked directly with clients to maintain clear and thorough communications for all projects. He
has worked with both the public and private sector on site design, roadway reconstruction, and
construction staging. Ed is very proficient on the use of current CADD technology, including
Autodesk Land Desktop/Civil 3D and Micro Station/GeoPAK.
Andi Moffatt, PWS
Permitting
Andi's regulatory expertise and good working relationships with permitting agencies will help
the team design the project is designed so that permits can be obtained. She leads WSB's
environmental and natural resource group and has more than 16 years of experience in
environmental assessment, wetland delineations and assessment, natural resource management
plans, permitting, mitigation plans, and wind energy projects. Andi thoroughly understands the
State and Federal environmental review process through MEPA and NEPA. She has extensive
experience with state and federal wetland and stormwater management rules such as the Wetland
Conservation Act, Section 404 of the Clean Water Act, and the NPDES Storm Water Rules.
Ryan Spencer
Environmental and Remediation Scientist
Ryan has seven years of experience in the environmental consulting and engineering industry
and will assist our team with remediation if soils are encountered during excavation that requires
special handling. He is proficient in Phase I & II Environmental Site Assessments, tank removal
documentation, hazardous materials building surveys, asbestos and lead-based paint building
inspections, radon sampling, and mold sampling. Ryan also has been involved in numerous
rehabilitation projects involving the U.S. Housing and Urban Development (HUD) and MPCA
Brownfield, Petroleum Tank Release Cleanup Fund (Petro fund), and Voluntary Investigation
and Cleanup (VIC) programs. In addition, he has experience in various biological stream
monitoring data collection and wildlife management techniques.
Cost Estimate for Engineering, Construction Observation, and Project Management
Services for the Honeywell Pond Enhancement and Improvement Project
City of Golden Valley
Approximate
Task Estimated Hours Billing Rate Subtotal
Principal
8
$147
$1,176
Project Manager
6
$119
$714
Graduate Engineer
12
$87
$1,044
GIS Specialist
8
$83
$664
Survey Crew
8
$155
$1,240
Ziubtotai
1 42 r $4,838
2. Complete Review and Analysis of Background Information
W—
Principal
12
$147
$1,764
Project Manager
20
$119
$2,380
Hydrologic Modeling
140
$119
$16,660
CAD Technician
8
$113
$904
GIS Specialist
24
$83
$1,992
Subtotal 204
$23,700
Develop3. Preliminary Construction Plan
Principal
8
$147
$1,176
Project Manager
24
$119
$2,856
Landscape Architect
8
$107
$856
Graduate Engineer
30
$87
$2,610
CAD Technician
60
$113
$6,780
GIS Specialist
8
$83
$664
Subtotal
138
$14,942
ses"
Principal
2
$147
$294
Project Manager
4
$119
$476
Graduate Engineer
4
$87
$348
GIS Specialist
4
$83
$332
Subtotal
14
$1,450
5. Review Preliminary Plan with Stake .. A
.qenciesland
Other Affected
•..
Principal
24
$147
$3,528
Project Manager
40
$119
$4,760
Graduate Engineer
24
$87
$2,088
CAD Technician
8
$113
$904
GIS Specialist
8
$83
$664
u Nto a T 1 104
1 1 $11,944
Applications6. Submit Permit
Principal
16
$147
$2,352
Project Manager
8
$119
$952
Graduate Engineer
60
$87
$5,220
GIS Specialist
8
$83
$664
Subtotal 92 $9,188
Provide7. ..
Principal
40
$147
$5,880
Project Manager
40
$119
$4,760
Hydrologic, Water Quality Analysis
65
$87
$5,655
GIS Specialist
16
$83
$1,328
Subtotal
161
$17,623
Please note the costs for construction services will be dependent on the contractors schedule and will be estimated
at 150 hours using the fee schedule identified above until a schedule can be finalized.
*In the event that contaminated materials are encountered during construction any Environmental Assessment
investigation work will be considered an extra to the project and the costs for the assessment work will be evaluated
at that time.
Principal
40
$147
$5,880
Project Manager
8
$119
$952
Graduate Engineer
60
$87
$5,220
GIS Specialist
40
$83
$3,320
Subtotal
148
$15,372
Submit9. .. .
Principal
40
$147
$5,880
Project Manager
8
$119
$952
Graduate Engineer
8
$87
$696
GIS Specialist
16
$83
$1,328
Subtotal
72
$8,856
10. Complete Bid Process and Award Project
Principal
2
$147
$294
Project Manager
8
$119
$952
Graduate Engineer
4
$87
$348
GIS Specialist
0
$83
$0
Subtotal
14
$1,594
TOTAL91 -•JECT HOURS & COST09
,507
Please note the costs for construction services will be dependent on the contractors schedule and will be estimated
at 150 hours using the fee schedule identified above until a schedule can be finalized.
*In the event that contaminated materials are encountered during construction any Environmental Assessment
investigation work will be considered an extra to the project and the costs for the assessment work will be evaluated
at that time.
city 0
guta valley
= M EM 0 M O"k W& M a 0 V% 0 0 = M
LW1KNU
Park and Recreation Department
7 63 -51 2-2345 1763- 512-2344 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 7, 2015
Agenda Item
3. H. Acceptance of Donation from Golden Valley Federated Women's Club
Prepared By
Rick Birno, Director of Parks & Recreation
Summary
As adopted in the Donation/Gift Policy, a gift of real or personal property must be accepted by
the City Council by resolution and be approved by a two-thirds majority of the Council. A cash
donation must be acknowledged and accepted by motion with a simple majority. We have
prepared the following resolution detailing the specific donor and their fiscal gift for your
consideration.
Attachments
• Resolution Accepting Donation from Golden Valley Federated Women's Club for the Summer
Concert Series (1 page)
Recommended Action
Motion to adopt Resolution accepting Donation from the Golden Valley Federated Women's Club
for the Summer Concert Series.
Resolution 15-60 July 7, 2015
Member introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING DONATION FROM
GOLDEN VALLEY FEDERATED WOMEN'S CLUB FOR THE SUMMER
CONCERT SERIES
WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004 which
established a policy for the receipt of gifts; and
WHEREAS, the Resolution states that a gift of real or personal property must be
accepted by the City Council by resolution and be approved by a two-thirds majority of the
Council. A cash donation must be acknowledged and accepted by motion with a simple
majority.
NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following
donation:
$100 from Golden Valley Federated Women's Club for support of the summer
concert series.
Shepard M. Harris, Mayor
ATTEST:
Kristine A. Luedke, 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 his signature attested by the City Clerk.
city of
golden,valley
MEMORANDUM
Public Works Department
763-593-8030 / 763-593-3968 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 7, 2015
Agenda Item
3. I. Authorize Statement of Work requested with Xcel Energy for Power Line Burial on Douglas
Drive Corridor Reconstruction Project
Prepared By
Jeff Oliver, PE, City Engineer
Eric Seaburg, EIT, Engineer
Summary
Since the conception of the Douglas Drive Corridor (CSAH 102) Reconstruction Project in 2009,
beautification of the corridor has been a primary objective of the Douglas Drive Advisory
Committee, City officials, and City staff. Specifically, burial of the overhead utilities and removal
of the aged power poles along the length of the corridor has been one of the top priorities of the
project.
City staff has been working with Xcel Energy officials for over three years on the coordination and
funding necessary to bury the overhead power lines. Per State Statute, the City has the right to
require Xcel Energy, at Xcel Energy's sole expense, to move facilities in connection with a public
infrastructure project. However, because the power lines are currently overhead, Xcel Energy is
only required to pay the costs associated with an overhead to overhead relocation. In order to
have Xcel Energy relocate their lines underground, the City is required to pay the cost difference
from an overhead relocation to an underground relocation. For this project, the Xcel Energy
estimated costs are as follows:
Xcel Overhead to Overhead Relocation Costs: $ 561,148.46
Xcel Overhead to Underground Relocation Costs: $ 3,260.695.91
City's Financial Obligation $ 2,699,547.45
Hennepin County realizes the difficulties that first ring and other suburban municipalities face
when challenged with beautifying a large County Road during a reconstruction project. As such,
the County has developed the Roadside Enhancement Partnership Program (REPP) in an effort to
help cities fund beautification improvements. The County has granted the City's request for the
maximum allowable REPP funding for the burial of overhead power lines on the Douglas Drive
reconstruction project. Therefore, the estimated funding splits for the undergrounding work are
as follows:
Xcel Required Payment for Overhead to Underground Conversion: $ 2,699,547.45
Hennepin County REPP Contribution: $ 875,000.00
City of Golden Valley Contribution: $ 1,824,547.45
Xcel Energy staff has presented the City with the attached Statement of Work requested form
(SOW) that the City must execute prior to commencement of the undergrounding work. This
SOW is the culmination of over a year of work and negotiations between the Suburban Rate
Authority and Xcel Energy officials. In June, the SOW was formally approved at the PUC for use by
Minnesota cities. As part of this agreement, the City must pay 50% of the estimated construction
costs up front. Upon completion of the project, the City will pay the remaining construction costs
after Xcel has provided the necessary cost accounting documentation. Project costs are included
in the Douglas Drive section of the 2015-2019 Capital Improvement Program (DD -001, page 104).
Attachments
• Statement of Work requested with Xcel Energy (5 pages)
Recommended Action
Motion to authorize City Manager to sign the Statement of Work requested between the City of
Golden Valley and Xcel Energy.
Xce1 Energy
June 12, 2015
City of Golden Valley
Attention: Jeff Oliver
7800 Golden Valley Rd
Golden Valley, MN 55427
Re: Douglas Drive Reconstruction Project
Dear Jeff Oliver,
Thank you for the opportunity to respond to your request for a cost estimate regarding the
Douglas Drive Reconstruction Project - The relocation of existing overhead facilities, to be
installed underground.
Your request is for Xcel Energy to relocate/replace existing overhead distribution lines and
install new underground facilities on Douglas Drive from Highway 55 to Medicine Lake Rd.
The cost to remove overhead distribution facilities and install new underground facilities for this
project would be $2,699,547.45. The cost was derived at by calculating the total cost to install the
new underground system ($3,260,695.91) and subtract the cost to relocate the pole lines only
($561,148.46). The following is a breakdown for both the relocation and new underground system:
Relocation Costs; New Underground Installation Costs;
Labor - $208,532.68 Labor - $1,161,183.33
Material - $300,803.12 Material - $1,844,332.93
Transportation - $51,812.66 Transportation - $255,179.65
Total - $561,148.46 Total - $3,260,695.91
This requires that the City of Golden Valley, Hennepin County and the State of Minnesota
approve the permit applications for relocation of facilities. The customer is required to provide any
easements needed in order to replace/relocate existing overhead electrical equipment.
Xcel Energy will require one half of the total payment, $1,349,773.73 prior to the work in 2015.
The other half of the total payment, 1,349,773.72 will be due at the completion of work in 2016.
The City of Golden Valley is responsible for any costs exceeding this estimate after actual costs have
been determined, and would be reimbursed any costs less than estimated.
The primary cost elements included in this cost are as follows:
A) The installation of 1,600' of a 9 -way duct and manhole system
B) The installation of (2) underground casings for railroad crossings
C) Directional bore of new 750AL, 1/OAL and #2AL feeder and primary conductors
-2—
June 12, 2015
D) Installation of switch gear centers, load break centers, padmount capacitor banks and
padmount transformers necessary to maintain system integrity and services to existing
customers.
E) Removal of the existing overhead system
Please note that these costs are excluded from this estimate:
1) Removal of cable television, telephone, or telecommunications equipment attached to poles.
2) Removal of poles not belonging to Xcel Energy.
3) Rewiring of customer secondary services to new connection points or to accept underground service. It is the
requestor's responsibility to contact customers regarding any needed rewiring of their services.
4) XceI Energy requires that a licensed, qualified survey group verifies that all chosen locations for the Xcel
Energy underground facilities will be within an established easement or road tight of way area prior to their
installation.
5) Winter Construction charges
Should the City of Golden Valley choose to proceed with this project, please have the
appropriate party sign and date the "Statement of Work Requested" contract. Return all copies to
me at 1518 Chestnut Ave. N, Minneapolis, MN, 55403. A signed copy will be returned to you at a
later date.
This cost is good for 90 days from the date of this letter. Any agreement reached after this date
would be subject to a review of the estimate, which could include a change to the above stated cost.
If you have any questions, please contact me at (612) 630-4127.
Sincerely,
David Fitch
Designer
Xcel Energy Inc.
�} Xce►Energyv
RESPONSIBLE BY !MATURES
STATEMENT OF WORK REQUESTED
BY COUNTY, CITY, TOWN OR TOWNSHIP
FOR PROJECTS WITH ESTIMATED
CONSTRUCTION COSTS OVER $25,000
DATE: June 12, 2015
WORK REQUESTED BY: City of Golden Valley
WORK LOCATION: Douglas Drive (Highway 55 to Medicine Lake Rd)
ADDRESS: 7800 Golden Valley Rd
Golden Valley, MN 55427
CONSISTING OF:
The following shall constitute the "Work" to be performed by Xcel Energy:
The City of Golden Valley has requested that Xcel Energy relocatelreplace the existing overhead facilities with a new
underground system along Douglas Drive, from Highway 55 to Medicine Lake Rd. The cost to remove overhead distribution
facilities and install new underground facilities for this project would be $2,699,547.45.
The primary cost elements included in this cost are as follows:
A) The installation of 1,600' of a 9 -way duct and manhole system
B) The installation of (2) underground casings for railroad crossings
C) Directional bore of new 750AL, 110AL and #2AL feeder and primary conductors
D) Installation of switch gear centers, load break centers, padmount capacitor banks and padmount transformers
necessary to maintain system integrity and services to existing customers.
E) Removal of the existing overhead system
Municipality agrees to pay Xcel Energy for Xcel Energy's actual total cost of the Work, subject to the
Municipality's right of cost review in accordance with the terms of this Statement of Work
("Statement"). The current estimate for the Work is $
2,B99,547.45 ("Estimate").
The estimate is compromised of the following major components:
Component Sub -estimate
A) The installation of 1,600' of a 9 -way duct and manhole system
B) The installation of (2) underground casings for railroad crossings
Q Directional bore of new 750AL, 1/OAL and #2AL feeder and primary conductors
D) Installation of switch gear centers, load break centers, padmount capacitor banks and padmount transformers
necessary to maintain system integrity and services to existing customers.
E) Removal of the existing overhead system
Total:
The undersigned herby requests and authorizes Xcel Energy to perform the Work. In consideration
thereof and in lieu of a City Requested Facilities Sucharge, the City agrees to pay Xcel Energy on the
("Statement"). The current estimate for the Work is ($ 1,349,773.73 ) which is
fifty (50) percent of the Estimate ("Down Payment").
All Work shall be performed pursuant to good utility practice (as that term is generally understood in
the utility industry) utilizing Xcel Energy's commercially reasonable efforts to complete the Work
within the Estimate under Xcel Energy's then current design standards, operating procedures, and
safety procedures. The facillities installed or removed by Xcel Energy shall be the property of Xcel
Energy and any payment by Municipality shall not entitle Municipality to any ownership interest or
right therin. Municipality's and Xcel Energy's rights and obligations with respect to the facillities and
services provided through the facilities are subject to the terms of this Statement, as well as the
additional terms and conditions provided in the Xcel Energy Electric Rate Book, as now exists or may
hereafter be changed, on file with the Minnesota Public Utilities Commision.
In advance of the Work, Muncipality agrees to inform Xcel Energy of any Municipality -related or other
projects that may affect the Work. During the Work, Xcel Energy agrees to provide the Muncipality
notice of any proposed change orders increasing the cost of the Work. Municipality acknowledges that
change orders that result from request of Municipality with respect to the performance of the Work or
the scope of the Work may increase Xcel Energy's acutal cost of the Work. Upon Completion of the
Work, Xcel Energy agrees to provide Municipality with final detal of the actual work performed and the
actual costs of such work performed. Xcel Energy will identify any information included in such
information that is non-public pursuant to Minn. Stat. Ch. 13. Upon request by Muncipality, Xcel
Energy shall provide Muncipality the opportunity to review more detailed documentation of the Work
performed and related costs.
Xcel Energy agrees to keep Municipality reasonably informed with respect to Xcel Energy's
performance of the Work, consistent with good utility practice and will, at minimum, apprise
Municipality when half of the Estimate has been spent and when ninety percent of the Estimate has
been spent. Xcel Energy also agrees to timely nortify the Municipality when the Work is substantially
complete.
Upon receipt of the invoice for the cost balance, the City shall have the right to require that Xcel
Energy provide reasonable cost support documentation, including change orders, for its actual total
cost of the Work. The Municipality shall pay the balance of cost not subject to reasonable dispute
within the timeframe set forth in the Minnesota Municipal Prompt Payment Act, Minn. Stat. 471-425.
Xcel Energy and Municipality shall reasonably try to resolve any disputes with respect to costs incurred
in performance of the Work in good faith. In the event Xcel Energy and Municipality are unable to
resolve any such disputes, the parties may seek redress in a forum with jurisdiction over the dispute.
This Statement of Work is agreed to by Xcel Energy and Muncipality and receipt of the above Down
Payment of $ 1,349,773.73 is herby acknowledged on behalf of Xcel Energy.
Northern States Power Company
a Minnesota corporation ("Xcel Energy")
James P. Carlson - Design Manager
Print Full Name and Title
Signature
Address: 1518 Chestnut Avenue N. F! 1
Minneapolis, MN 55403
Phone: 612-630-4124
E-mail: 'aures. .carison xcelener .corn
Xcel Energy Work Order #
Estimated Construction $ 2,699.547.45
Estimated Total $ 2,699,547.45
Form 17-7012
[Municipality]
Print Full Name and Title (if applicable)
Signature of Authorized Representative
Address:
Phone:
E-mail:
Estimated Removal $
city of
goldveni!.Af"'l
Y
MEMORANDUM
Police Department
763-593-80791763-593-8098 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 7, 2015
Agenda Item
3. J. Authorization to Sign School Resource Officer Service Agreement with Independent School
District 281
Prepared By
Stacy A. Carlson, Chief of Police
Summary
Independent School District 281 and the Police Department desire to participate in providing
specialized security services at the facility located at 2400 Sandburg Lane. A school resource
officer program is needed to improve understanding and promote mutual respect between
police, school, staff, counselors, parents and students.
An agreement has been drafted, stating the City will provide the services of one half time (.50)
police officer and related support services and supplies for the term of July 1, 2015, through June
30, 2016. The related costs for these services will be billed to School District 281 in an amount
not to exceed $32,691, depending on the number of student school days covered. All training,
supervision and records will be the responsibility of the City.
Attachments
• School Resource Officer Services Agreement for District #281 (3 pages)
Recommended Action
Motion to authorize the Mayor and City Manager to sign the School Resource Officer Service
Agreement with Independent School District 281.
SCHOOL RESOURCE OFFICER AGREEMENT BY AND BETWEEN THE
INDEPENDENT SCHOOL DISTRICT 281 AND THE CITY OF GOLDEN VALLEY
THIS AGREEMENT made this day of 1 st day of July, 2015 by and between the
INDEPENDENT SCHOOL DISTRICT 281, a school district, (hereinafter "School District")
and the CITY OF GOLDEN VALLEY, a public corporation and political subdivision of the
State of Minnesota, (hereinafter "City").
Recitals
1. The City and the School District desire to deter and prevent crime and violence
within Sandburg Learning Center in the City of Golden Valley by engaging in the
services of a school resource officer ("Program").
2. The Safe Schools Levy provides monetary funds to school districts to hire school
resource officers to address violence, crime and safety related issues within schools.
3. To that end, the City and the School District desire to collaboratively provide safe
school services.
NOW, THEREFORE, the City and the School District agree as follows:
Terms
4. TERM OF AGREEMENT AND TERMINATION.
4.1 The Term of this Agreement shall be for a twelve month period from July 1,
2015 to June 30, 2016.
4.2 Either Party may terminate this agreement upon a sixty (60) day written notice
to the other of such termination. In the event of a termination, any payments
due shall be prorated.
5. LEVY. The School District will levy the maximum amount permitted by law to the
property tax payers in the Robbinsdale School District to help fund the school
resource officer position(s).
6. PROGRAM FUNDING. By May 1 of each year the School District will meet with
the Chief Law Enforcement Officers of each community providing liaison services
to the School District to allocate available funds to support the cost for the officers
for the next school year. The City will invoice the School District for the first half of
the payment on January 1 and for the second half of the payment on June 30. The
funding provided for the 2015-2016 school year will be $65,382 per FTE.
7. SCHOOL SERVED. The Sandburg Learning Center at 2400 Sandburg Lane,
Golden Valley, MN will receive school resource officer services under this
Agreement.
S. OFFICER SELECTIONS. The City will, depending on staffing levels, employ or
assign, in accordance with all applicable state laws, the police officers that will
participate in or serve as employees in the School Resource Officer program. The
City will employ or assign one half (0.50) FTE officer to serve as school resource
officer during the regular school year (170 student days) covered by the term of this
agreement and payment of $32,691 for Sandburg Learning Center pursuant to
paragraph 6 of this Agreement. The number of police officers serving in the school
resource officer position at Sandburg Learning Center may be modified upon the
written agreement of the City and the School District.
9. OFFICER COMPENSATION. The City will be responsible for all payments
regarding compensation, benefits, pension plans and withholdings for the officers
serving in the school resource officer capacity.
10. DUTIES OF THE OFFICER. The list of duties and work schedule of the school
resource officer(s) shall be developed and agreed upon by the City and the School
District. The School Resource Officer position is a designated "school official" with
regard to the Family Educational Rights and Privacy Act while under contract and
providing School Resource Officer services to the School District. The law
enforcement services provided to the School District will be at the sole discretion of
the City. Officer standards of performance, conduct and discipline of the officer,
performance reviews and other internal matters related to enforcement services shall
be under the authority of the City. The School District shall provide the City with a
written appraisal of the services rendered by the school resource officer at the end of
each contract term. The School District shall immediately notify the City in writing
of any performance deficiencies or inappropriate conduct of the liaison. All
disciplinary action shall be under the authority of the City. Time spent in excess of
eight (8) hours will be on a specific, case-by-case basis and requiring the advance
approval of the City and the School District.
11. ADDITIONAL OFFICER DUTIES. The school resource officer will respond to
emergency calls, attend police training, and any other special duties as assigned by
the City while fulfilling the school resource officer requirements under this
Agreement.
12. OFFICER SUPPLIES AND EQUIPMENT. The City shall provide any required
clothing, uniforms and vehicles, necessary to perform required duties as outlined
pursuant to section 10 of this Agreement.
13. INDEMNIFICATION. Except for claims arising out of the willful acts of
malfeasance in office, willful neglect of duty or bad faith of the other party or its
representatives, each party shall indemnify and defend the other party against all
claims, expenses, and liabilities incurred, including reasonable attorney fees, related
to claims for loss of life, personal injury, and/or damage to property arising out of
any occurrence in upon or at Sandburg Learning Center in accordance with the
execution of the school resource officer duties under this Agreement. Neither party
waives any defenses or immunities available under Minnesota Statutes Chapter 466.
14. NOTICE. Any notice, demand, request or other communication that may or shall
be given or served by the parties, shall be deemed to have been given or served on
the date the same is deposited in the United States mail, registered or certified
postage prepaid and addressed as follows: If to the City: Attn: Police Chief,
Golden Valley Police Department, 7800 Golden Valley Road, Golden Valley, MN
55427; If so to the School District, Attn. Director of Finance, Business Office, 4148
Winnetka Avenue N., New Hope, MN 55427.
15. ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the
entire agreement between the parties and no other agreement prior to this agreement
or contemporaneous herewith shall be effective except as expressly set forth or
incorporated herein. Any purported amendment shall not be effective unless it shall
be set forth in writing and executed by both parties.
IN WITNESS WHEREOF, the City of Golden Valley and the Independent School District
4281 have caused this Agreement to be executed by their respective duly authorized
officers.
CITY OF GOLDEN VALLEY
By
Mayor
By
City Manager
Date
INDEP NDENT SCHOOL DISTRICT 281
By
Board Chair
By
Superintendent
Date 6�lzs—
city 0
olden E ORA N
valleyPhysical Development Department
7,63-.593-8095 f 763r593-4�1 09 ffaw
Executive Summary For Action
Golden Valley City Council Meeting
July 7, 2015
Agenda Item
3. K. Receipt of Notice of Metropolitan Council Action - Comprehensive Plan Amendment - 9000
and 9050 Golden Valley Road
Prepared By
Emily Goellner, Associate Planner/Grant Writer
Summary
To accommodate residential development at 9000 and 9050 Golden Valley Road, the City Council
voted to amend the Comprehensive Plan to designate the properties as "High Density Residential."
Following the City's action, the Metropolitan Council reviewed the amendment, and ultimately
approved it. As a final step in this process, the City must now receive and file the Notice of
Metropolitan Council Action.
Attachments
• Letter from the Metropolitan Council dated June 9, 2015 (1 page)
Recommended Action
Motion to receive and file Notice of Metropolitan Council Action regarding the General Land Use
Plan, Comprehensive Plan Amendment for 9000 and 9050 Golden Valley Road.
June 9, 2015
Emily Goellner, Associate Planner/Grant Writer
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
RE: City of Golden Valley, 9000 & 9050 Golden Valley Road Comprehensive Plan Amendment—
Administrative Review
Metropolitan Council Review File No. 20585-6
Metropolitan Council District 6
Dear Ms. Goellner:
The Metropolitan Council received the City's 9000 and 9050 Golden Valley Road comprehensive plan amendment
(CPA) on May 21, 2015. The CPA reguides approximately 2.9 acres of land from Commercial Retail/Service to High
Density Residential. The amendment is intended to position the properties in question for future redevelopment that
may include senior housing, or a similar high-density use that is consistent with the City's vision for the Golden Valley
Road corridor as a pedestrian -friendly, mixed-use environment.
Council staff finds the CPA meets the Comprehensive Plan Amendment Administrative Review Guidelines revised by
the Council on July 28, 2010. The proposed CPA does not affect official forecasts or the City's ability to accommodate
its share of the region's affordable housing need. It does, however, contribute to meeting the City's life -cycle housing
goal of 100 to 200 units. Therefore, the Council will waive further review and action, and the City may place this CPA
into effect.
In addition, staff offers the following advisory comments for your consideration.
Water Resources (Lanya Ross, 651-602-1803)
The project area is located within the City of Saint Louis Park Drinking Water Supply Management Area, which
has been designated as being highly vulnerable to contamination by the City of Saint Louis Park and the MN
Department of Health. The City should consult the City of Saint Louis Park Wellhead Protection Plan to ensure
that any proposed development is consistent with the City's drinking water protection strategies.
The CPA, explanatory materials, and the information submission form will be appended to the City's Update in the
Council's files. If you have any questions please contact Ryan Garcia, Principal Reviewer, at 651-602-1832.
LislaBeth Barajasanager
Local Planning Assistance,
CC: Crystal Sheppeck, Minnesota Housing
Tod Sherman, Development Reviews Coordinator, MnDOT Metro Division
Gail Dorfman, Metropolitan Council District 6
Michael Larson, AICP, Sector Representative
Raya Esmaeili, Reviews Coordinator
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Physical Development Department
763-593-8095/763-593-8109-8"109(fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 7, 2015
Agenda Item
4. A. Public Hearing to Vacate Easement at 6161 Golden Valley Road
Prepared By
Marc Nevinski, Director of Physical Development
Eric Eckman, Public Works Specialist
Summary
The property owner has proposed the construction of a new building located at 6161 Golden
Valley Road. As part of the development, the owner will be making modifications to its water
supply system that serves the site. Since the water system will be owned and maintained by the
property owner, the public watermain easement that is currently located on the site will need to
be vacated.
An agreement outlining the owner's responsibility for inspection, maintenance, and reporting on
the hydrants, watermains, and related facilities will be executed before the issuance of building
and site permits.
A notice of public hearing regarding the proposed easement vacation was published and posted
and letters were sent to the affected property owners along with the proposed resolution. Staff
sent a letter to all private utility companies requesting their review and comment. Since the
easements are not adjacent to public waters, Notice to the Commissioner of Natural Resources is
not required. There have been no objections to this easement vacation.
Consideration of this easement vacation was supported by resolution of the Council at the City
Council meeting on June 2, 2015, and therefore in accordance with state statutes requires a
four-fifths majority vote in favor of the resolution.
Attachments
• Easement Location Map (showing easement to be vacated) (1 page)
• Resolution Vacating Easement at 6161 Golden Valley Road (2 pages)
Recommended Action
Motion to adopt Resolution Vacating Easement at 6161 Golden Valley Road.
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Resolution 15-61 July 7, 2015
Member introduced the following resolution and moved its adoption:
RESOLUTION VACATING EASEMENT
AT 6161 GOLDEN VALLEY ROAD
WHEREAS, the City Council of the City of Golden Valley, pursuant to due notice,
has heretofore conducted a public hearing on the vacation of the easement created in
Document Number 1133773, located in the property legally described as follows:
That part of the Northwest Quarter of the Northwest Quarter of Section 33,
Township 118, North, Range 21 West of the 5th Principal Meridian lying South of the
center line of County Road No. 6, also known as Watertown Road and West of the
100 foot right of way of the Minneapolis, Northfield and Southern Railway, the center
line of which right of way is described as follows: Commencing at the Northwest
corner of said Section 33, thence running East on the North line of said Section 33 a
distance of 550 feet to an intersection with said center line, which point shall be
considered as the true point of beginning. Thence after turning a deflection angle of
78 degrees 10 minutes to the right, running on a straight line in a Southeasterly
direction a distance of 1347 feet more or less along said center line to an
intersection with the South line of the Northwest Quarter of the Northwest Quarter of
said Section 33, distant 815.5 feet more or less, East from the Southwest corner of
the Northwest Quarter of the Northwest Quarter of said Section 33: except that part
thereof lying North of the North line of Golden Valley Road as described in deed
Doc. No. 578491 , Files of the Registrar of Titles; also excepting therefrom the West
50 feet thereof (the "Subject Property").
WHEREAS, all persons present were given the opportunity to be heard; and
WHEREAS, the Subject Property is proposed to be developed as shown in the
approved plans titled, CenterPoint Energy Warehouse, located in the Physical
Development Department office of Golden Valley City Hall; and
WHEREAS, the easement in the Subject Property will be vacated to accommodate
the proposed development; and
WHEREAS, the City has evaluated its interest and use of the property; and
WHEREAS, the Council has determined that the vacation will benefit the public
interest because the vacation is predicted to foster economic growth in the City of Golden
Valley and, on a greater scale, the State of Minnesota benefits by the projected
measurable increase in tax revenue and general prosperity.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden
Valley that said easement located in the Subject Property legally described below be
vacated:
Resolution 15-61 - continued
A 15.0 foot perpetual Watermain easement over, under and across the Subject
Property, the centerline of said easement is described as follows:
Commencing at the Northwest Corner of said Section 33; thence South along West
line of said Section 33 a distance of 1007.53 feet thence Easterly, deflecting to the
left 90 degrees 4 minutes 15 seconds a distance of 50.00 feet to the beginning of
the center line of said easement to be described; thence Easterly along the
prolongation of the above described line, a distance of 234.51 feet; thence
deflecting to the left 12 degrees 7 minutes 15 seconds a distance of 250.0 feet, and
said center line there termination.
Together with a 15.0 foot perpetual Watermain Easement over, under and across
the first above described property, the centerline of said easement is described as
follows:
Beginning at a point in the above described centerline a distance of 208.0 feet East
of the point of beginning thereof; thence running North perpendicular to said
centerline a distance of 24.0 feet, and said centerline there terminating.
Shepard M. Harris, Mayor
ATTEST:
Kristine A. Luedke, 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 his signature attested by the City Clerk.
city 0
golden MEMORANDUM
valley Physical Development Department
763-593-8095/763-593-8109(fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 7, 2015
Agenda Item
4. B. Public Hearing- Ordinance #562 - Amending Section 11.04 Temporary Uses regarding
Mobile Food Vendors
Prepared By
Emily Goellner, Associate Planner/Grant Writer
Background
The City Council has recently adopted policy to allow breweries and taprooms to locate in various
parts of the city. Since food cannot be served in a taproom according to state law, food trucks
(more formally called mobile food vendors) have become a common partner for taprooms. The
food vendors typically park in the taproom parking lot for a portion of the day or night.
Mobile Food Vending has grown considerably in recent years. In Downtown Minneapolis, dozens
of food trucks line up on Marquette Avenue to serve people on their lunch breaks. Mobile food
vendors have also become a popular option for corporate events, festivals, farmers' markets, and
wedding receptions. The City's Parks and Recreation Department currently issues permits to food
vendors interested in locating in any of the city parks for a specific event. Staff recommends
amending section 11.04 of the Zoning Code to allow mobile food vendors to be located
temporarily in specified areas outside of City parks.
Mobile Food Vendor Permits for Golden Valley Parks
The Golden Valley Parks and Recreation Department began issuing permits to mobile food
vendors in 2014. Five permits were issued in 2014 and one permit has been issued so far in 2015.
With this permit, food vendors can be located in a city park for up to three consecutive days at a
fee of$40 per day. So far, all of the permits have been issued for a one-day event. The most
common events accommodating mobile food vendors have been corporate employee
appreciation events in the summer.
Potential Impacts
First and foremost, mobile food vendors must be evaluated by Hennepin County or State of
Minnesota for conformance with sanitation and food safety requirements. All applicants for a
mobile food vending permit must provide a copy of the mobile food license received by Hennepin
County or State of Minnesota and the license must be posted with the vendor's mobile
operation. The vendor must provide trash receptacles for customer use and keep the site in a
neat and orderly fashion, free from litter, refuse, debris,junk, or other waste which results in
offensive odors or unsightly conditions.
Since mobile vendors have the ability to move around the city easily, the exact location of the
vending unit should be determined in the issuance of the permit. It is crucial that the mobile unit
does not impede pedestrian or vehicular traffic by blocking streets, driveways, sidewalks, or
necessary parking spaces. The unit should be located on an impervious surface.
Staff recommends that the vendor be required to provide written permission from the property
owner of the site in which the vendor would like to locate and the property must be located in a
non-residential zoning district. A Zoning Permit for Mobile Food Vendors would be allowed in the
following non-residential zoning districts: Commercial, Light Industrial, Industrial, Business and
Professional Offices, 1-394 Mixed Use, and Institutional. If the vendor would like to locate in a
Golden Valley Park, the vendor would file an application with the Parks and Recreation
Department.
Some additional locational restrictions should be placed on mobile food vendors in order to
reduce their impacts on the community. First, mobile food vendors should not be located within
1,000 feet of a school when the school is in session unless written permission is granted from the
principal. Also, mobile food vendors should not be located within 200 feet of an eating
establishment (with the exception of other mobile food vendors). Many brick-and-mortar
restaurant owners have been concerned about the unfair locational advantage that mobile food
vendors possess. A restriction in the distance between mobile food vendors and brick-and-mortar
restaurants has been considered a reasonable solution in other Minnesota cities. These
dimensional restrictions of 200 feet and 1,000 feet were analyzed by Planning staff and do not
appear to significantly limit the available space for mobile food vendors in the City.
Lastly, vendors would be granted a daily permit with no overnight parking permitted. Hours of
operation would be limited to 8 am to 10 pm unless otherwise limited or extended by the City
Manager or his/her designee. These are the hours of operations permitted by the Parks and
Recreation department for mobile food vendors, which match the hours of operation for city
parks. Staff predicts that taprooms will be the most common partner for mobile food vendors.
Taprooms may apply for an intoxicating liquor license, which allows the taproom to be open until
2 am. Staff suggests that the City Manager be granted the ability to extend food vending hours to
match taproom hours in order to ensure that those drinking alcohol have access to food.
Zoning Permit for Mobile Food Vendors
A Zoning Permit for Mobile Food Vendors would be similar to the Parks and Recreation
Department permit in the following ways:
• Permit costs $40/day
• A permit can be granted for up to 7 consecutive days (currently, Parks and Recreation
allows up to 3 consecutive days, but Parks and Recreation staff recommends allowing up
to 7 days as shown in the proposed fee schedule)
• Applicant may apply for a renewal of the license
• Proof of Mobile Food License from the Hennepin County or State of Minnesota required
• Liquor License is not included with the permit
• Hours of operation limited to 8 am-10 pm unless otherwise limited or extended by City
Manager or his/her designee
• In order to locate on properties owned by the City, vendor must provide an insurance
rider listing the City as an additional insured on the policy for the permitted dates of
operation
• Vendor responsible for trash removal, clean-up, and any damages generated by operation
• Permits will be limited by area as determined by City Manager or his/her designee
• Must park in a designated parking lot, must not impede traffic flow or pedestrian
walkways, and cannot park on grass unless permitted by City Manager of his/her designee
The Zoning Permit for Mobile Food Vendors would di er from the Parks and Recreation
Department's permit in the following ways:
• Zoning Permit is not eligible to vendors looking to locate in the Golden Valley Park system
• Eligible locations are zoned and currently used for Non-Residential Uses including
Commercial, Light Industrial, Industrial, Business and Professional Offices, 1-394 Mixed
Use, and Institutional (with the exception of City Parks)
• Vendors may not be located 200 feet (at its closest point) from the entrance or from the
outdoor seating area of another food-serving establishment (with the exception of other
mobile food vendors that have received a permit) unless that establishment provides
written permission with the vendor's application
• Vendor cannot occupy parking spaces needed to meet the minimum parking requirement
unless the property owner can demonstrate that the spaces are not needed during the
vendor's hours of operation
• Vendors may not be located within 1,000 feet of schools while they are in session unless
written permission is granted by the school principal
Mobile Medical Uses
At this time, the proposed changes to the zoning code do not include language to allow mobile
medical uses in the City for humans and pets. Mobile medical uses typically include services such
as vaccinations, diagnostics, and bloodmobiles. These uses are offered in a mobile format in
order to serve the less mobile residents of the community at a reduced cost. Staff will continue to
conduct research on this topic.
Attachments
• Memo to Planning Commission dated June 8, 2015 (3 pages)
• Planning Commission Minutes dated June 8, 2015 (4 pages)
• Underlined/Overstruck Version of Section 11.04: Temporary Uses (4 pages)
• Clean Version of Section 11.04: Temporary Uses (4 pages)
• Parks and Recreation Department Mobile Food Vendor Permit Fact Sheet (2 pages)
• Parks and Recreation Department Mobile Food Vendor Application (1 page)
• Ordinance #562 - Amending Chapter 11: Land Use Regulations (Zoning) Regarding Mobile
Food Vendors (3 pages)
Recommended Action
Motion to adopt Ordinance #562, Amending Section 11.04 Temporary Uses regarding Mobile
Food Vendors.
city of,
goldcnMEMORANDUM*ey
11
I1sical Devela ment�. Ph Department y P
763-593-8095 1763-593-8109 (fax)
Date: June 8, 2015
To: Golden Valley Planning Commission
From: Emily Goellner, Associate Planner/Grant Writer
Subject: Zoning Code Text Amendment — Mobile Food Vendors
Background
The City Council has recently adopted policy to allow breweries and taprooms to locate in various
parts of the city. Since food cannot be served in a taproom according to state law, food trucks
(more formally called mobile food vendors) have become a common partner for taprooms. The
food vendors typically park in the taproom parking lot for a portion of the day or night.
Mobile Food Vending has grown considerably in recent years. In Downtown Minneapolis, dozens
of food trucks line up on Marquette Avenue to serve people on their lunch breaks. Mobile food
vendors have also become a popular option for corporate events, festivals, farmers' markets, and
wedding receptions. The City's Parks and Recreation Department currently issues permits to food
vendors interested in locating in any of the city parks for a specific event. Staff recommends
amending section 11.04 of the Zoning Code to allow mobile food vendors to be located
temporarily in specified areas outside of City parks.
Mobile Food Vendor Permits for Golden Valley Parks
The Golden Valley Parks and Recreation Department began issuing permits to mobile food
vendors in 2014. Five permits were issued in 2014 and one permit has been issued so far in 2015.
With this permit, food vendors can be located in a city park for up to three consecutive days.
Each day requires a separate $40 permit. So far, all of the permits have been issued for a one-day
event. The most common events accommodating mobile food vendors have been corporate
employee appreciation events in the summer.
Potential Impacts
First and foremost, mobile food vendors must be evaluated by Hennepin County or State of
Minnesota for conformance with sanitation and food safety requirements. All applicants for a
mobile food vending permit must provide a copy of the mobile food license received by Hennepin
County or State of Minnesota and the license must be posted with the vendor's mobile
operation. The vendor must provide trash receptacles for customer use and keep the site in a
neat and orderly fashion, free from litter, refuse, debris, junk, or other waste which results in
offensive odors or unsightly conditions.
Since mobile vendors have the ability to move around the city easily, the exact location of the
vending unit should be determined in the issuance of the permit. It is crucial that the mobile unit
does not impede pedestrian or vehicular traffic by blocking streets, driveways, sidewalks, or
necessary parking spaces. The unit should be located on an impervious surface.
Staff recommends that the vendor be required to provide written permission from the property
owner of the site in which the vendor would like to locate and the property must be located in a
non-residential zoning district. A Zoning Permit for Mobile Food Vendors would be allowed in the
following zoning districts: Commercial, Light Industrial, Industrial, Business and Professional
Offices, 1-394 Mixed Use, and Institutional. If the vendor would like to locate in a Golden Valley
Park, the vendor would file an application with the Parks and Recreation Department.
Some additional locational restrictions should be placed on mobile food vendors in order to
reduce their impacts on the community. First, mobile food vendors should not be located within
1,000 feet of a school when the school is in session unless written permission is granted from the
superintendent. Also, mobile food vendors should not be located within 100 feet of an eating
establishment (with the exception of other mobile food vendors). Many brick-and-mortar
restaurant owners have been concerned about the unfair locational advantage that mobile food
vendors possess. A restriction in the distance between mobile food vendors and brick-and-mortar
restaurants has been considered a reasonable solution in other Minnesota cities. These
dimensional restrictions of 100 feet and 1,000 feet were analyzed by Planning staff and do not
appear to significantly limit the available space for mobile food vendors in the City.
Lastly, vendors would be granted a daily permit with no overnight parking permitted. Hours of
operation would be limited to 8 am to 10 pm unless otherwise limited or extended by the City
Manager or his/her designee. These are the hours of operations permitted by the Parks and
Recreation department for mobile food vendors, which match the hours of operation for city
parks. Staff predicts that taprooms will be the most common partner for mobile food vendors.
Taprooms may apply for an intoxicating liquor license, which allows the taproom to be open until
2 am. Staff suggests that the City Manager be granted the ability to extend food vending hours to
match taproom hours in order to ensure that those drinking alcohol have access to food.
Zoning Permit for Mobile Food Vendors
A Zoning Permit for Mobile Food Vendors would be similar to the Parks and Recreation
Department permit in the following ways:
• Permit is granted on a per-day basis and costs $40/day
• A permit can be granted for up to 3 consecutive days
• Proof of Mobile Food License from the Hennepin County or State of Minnesota required
• Liquor License is not included with the permit
• Hours of operation limited to 8 am-10 pm
• Must provide an insurance rider listing the property owner as an additional insured on the
policy for the permitted dates of operation
• Vendor responsible for trash removal, clean-up, and any damages generated by operation
• Permits will be limited by area as determined by City Manager or his/her designee
• Must park in a designated parking lot, must not impede traffic flow or pedestrian
walkways, and cannot park on grass unless permitted by City Manager of his/her designee
The Zoning Permit for Mobile Food Vendors would di er from the Parks and Recreation
Department's permit in the following ways:
• Zoning Permit is not eligible to vendors looking to locate in the Golden Valley Park system
• Eligible locations are zoned and currently used for Commercial, Light Industrial, Industrial,
Business and Professional Offices, 1-394 Mixed Use, and Institutional (with the exception
of City Parks)
• Vendors may not be located 100 feet (at its closest point) from the entrance or from the
outdoor seating area of another food-serving establishment (with the exception of other
mobile food vendors that have received a permit)
• Vendor cannot occupy parking spaces needed to meet the minimum parking requirement
unless the property owner can demonstrate that the spaces are not needed during the
vendor's hours of operation
• Vendors may not be located within 1,000 feet of schools while they are in session unless
written permission is granted by the school principal
Mobile Medical Uses
At this time, the proposed changes to the zoning code do not include language to allow mobile
medical uses in the City for humans and pets. Mobile medical uses typically include services such
as vaccinations, diagnostics, and bloodmobiles. These uses are offered in a mobile format in
order to serve the less mobile residents of the community at a reduced cost. Staff will continue to
conduct research on this topic.
Recommendation
Staff recommends amending section 11.04 of the Zoning Code to allow for mobile food vendors.
Attachments
Underlined/Overstruck Version of Section 11.04: Temporary Events and Uses (2 pages)
Parks and Recreation Department Mobile Food Vendor Permit Fact Sheet (2 pages)
Parks and Recreation Department Mobile Food Vendor Application (1 page)
Regular Meeting of the
Golden Valley Planning Commission
June 8, 2015
A lar meeting of the Planning sion was held at the Golden Valley City Hall,
Council mbers, 7800 Golden Valley Comm .Goad, Golden Valley, Minneso a, on Monday,
June 8, 2015.'�tiair Cera called the meting to order at 7 pm.
Those resent were Planning Cornmissl' Johnson, Kluchka,
p g � goners Baker, glum, Cera,
Segelbaum, and Waldhauser. Also pr ent was Associate Planner/Grant Writer Emily
Goellner, and Administrative Assista . ' Wittman.
1. Approval of Minute ' `
May 27,.2 5, Regular Planning Commission Meeting
MOV y Waldhauser, seconded y Segelbaum and motion carried unanimously-to
a ove the May 27, 2015, as subm tted. Commissioners Cera and Kluchka abstained.
2. Informal Public Hearing — Zoning Code Text Amendment— Mobile Food
Vending — ZO00-100
Applicant: City of Golden Valley
Purpose: To consider adding language in the Zoning Code regarding mobile
food vending (food trucks).
Goellner stated that food trucks are a growing trend in the Twin Cities and with the
recently approved Zoning Code text amendments regarding breweries it is a good time
to consider allowing mobile food vending as they are a common partner for taprooms.
She stated that the City's Parks and Recreation Department currently issues permits to
food vendors wishing to locate in the City's parks. She added that five permits were
issued in 2014 and one permit has been issued so far in 2015. The permits cost $40 per
day and are granted for a maximum of three days. She explained that staff is
recommending the permits issued through the Planning Division would be for a
maximum of seven days rather than the three days allowed by Parks and Recreation.
Kluchka noted that the underlined/overstruck Zoning Code language in the agenda
packet states that permits would be granted for a maximum of three days. Goellner said
she would change the language to allow a maximum of seven days for the permits
issues through the Planning department and keep the three day requirement for the
Parks and Recreation permit.
Goellner referred to the potential impact of mobile vendors and stated that staff is
recommending the following: mobile food vendors must obtain a license either from
Hennepin County or the State of Minnesota, the hours of operation are 8 am to 10 pm
unless otherwise limited or extended by the City, the removal of trash is required,
Minutes of the Golden Valley Planning Commission
June 8, 2015
Page 2
mobile food vendors would only be allowed to park on an impervious surface, no
parking is allowed on sidewalks, driveways, or streets, no overnight parking is allowed,
mobile food vendors are not allowed to use parking spaces that are needed to meet the
minimum parking requirement, and permission from the property owner is required. She
added that staff is also recommending that mobile food vendors be located more than
100 feet from another food-serving establishment (with the exception of other mobile
food vendors) and more than 1,000 feet from schools while they are in session unless
permission is granted by the school principal.
Kluchka noted that the language allowing other mobile food vendors to be located within
100 feet from another food-serving establishment needs to be added to Subdivision
3(A)(10). Goellner agreed.
Segelbaum suggested discussing the definition of eating establishments.
Cera asked about creating one ordinance instead of having one for the Parks and
Recreation Department and one for Planning. Goellner said there is a difference in staff
expertise. The Parks and Recreation Department are experts in the operations and use
of the parks and Planning has more expertise in the other zoning districts and land
uses.
Cera asked why seven is the suggested maximum amount of days for a food vendor
license rather than three like the Parks Department allows. Goellner stated that it could
become a heavy administrative commitment if a new permit has to be issued every day
for three days. Cera asked if Minneapolis charges a seasonal fee. Goellner said
Minneapolis requires mobile food vendors to have a brick and mortar, commercial
kitchen in Minneapolis. Cera suggested that Golden Valley offer seasonal licenses.
Kluchka agreed and said it would encourage trucks to come back. Goellner said she
would do more research regarding seasonal licenses.
Baker asked if a permit would be revocable. Goellner said yes.
Baker said if the code is defining where mobile food vendors can park, he doesn't see
the sense is calling out impervious surface requirements in the ordinance because there
might be circumstances where an unpaved parking area might be the only place for
them to park. He said he thinks that could be addressed in the permit application.
Waldhauser said the City probably doesn't want food trucks parking on the only grassy
landscaped area on a property.
Baker said it is not clear in the ordinance language if the mobile food vendor would have
to provide written permission from the property owner before they are issued a permit.
Goellner stated the staff would get the property owner's permission as part of the permit
application review process.
Waldhauser referred to the language in the Parks and Recreation application regarding
events held by a recognized Golden Valley neighborhood group. Goellner noted that
that language only pertains to the Parks and Recreation permit. The Commissioners
Minutes of the Golden Valley Planning Commission
June 8, 2015
Page 4
Baker asked if a permit would have to be renewed every day for up to seven days.
Goellner said no, a permit would be issues for a seven day period. Baker asked if a
vendor will be able to renew their permit. Goellner said yes. Baker said this is the kind of
activity that will encourage business in Golden Valley and he wants vendors to be able
to renew their permit for as long as they want. Segelbaum said he thinks issuing a
permit for seven days makes sense. Kluchka suggested that the code language say
seven "consecutive" days. He said he would also like to allow seasonal permits. Cera
stated that the section of code is titled "temporary uses" and questioned if a seasonal
permit would really mean "temporary." Waldhauser added that food trucks would be
operated year-round. Segelbaum said he is less inclined to offer seasonal permits
because they could impact existing restaurants more than they realize. He said if
seasonal permits are allowed he would want food trucks to be located further away from
restaurants than currently proposed.
Cera asked about the differences in the state license versus the county license.
Goellner stated that if someone has state license they don't need a county license.
Kluchka asked if a liquor license could be granted for a non-park property. Goellner said
she doesn't think the City's liquor laws would allow that.
Johnson questioned if there needs to be more discussion about competition and which
zoning districts mobile food vendors would be allowed in. Waldhauser asked if private
company events would be handled differently. Kluchka said he would welcome
competition.
Segelbaum reiterated that he thinks mobile food vendors should be required to be
further than 100 feet away from a restaurant. Baker asked Goellner if she did any
analysis of different buffer areas. Goellner said she did and said requiring 500 feet
would be limiting. She said she would do some further analysis before this item goes to
the City Council. Kluchka said he is comfortable with the 100 foot requirement. Johnson
said he'd like there to be a larger distance between restaurants and mobile food
vendors. Segelbaum said he thinks 200 feet would provide a balance.
Segelbaum asked if eating establishment should be defined. Waldhauser suggested
that the language say "public" eating establishment.
Segelbaum asked if the language regarding where mobile food vendors need to park
has to say asphalt or concrete, or if it could say impervious surface instead. Baker said
he thinks that would be up to the person issuing the permit.
Johnson referred to the Parks and Recreation policy regarding special events and
stated that basing the fee on 20% of gross revenue seems high.
Segelbaum asked if the language in the Code should be restricted to only food.
Goellner stated that a mobile food vendor wouldn't be able to sell anything they don't
have a license to sell.
Minutes of the Golden Valley Planning Commission
June 8, 2015
Page 5
Kluchka asked where the residential requirements are articulated. Goellner stated that
mobile food vendors won't be allowed in residential zoning districts. Kluchka noted that
the Parks and Recreation policy talks about neighborhood groups. Waldhauser clarified
that the neighborhood group language in the park policy is referring to events held in a
park. Baker said it is important that the two policies be reconciled.
Waldhauser asked about catering a private party in a residential area. Cera stated that
catering trucks would not be considered mobile food vendors because mobile food
vendors serve food to the public. Kluchka asked the Commissioners if they think mobile
food vendors should be allowed in residential areas. The consensus of the Planning
Commission was to not allow mobile vendors in residential areas at this time.
MOVED by Baker, seconded by Segelbaum and motion carried unanimously to
recommend approval of the proposed Zoning Code amendment regarding mobile food
vendors with the amendments discussed.
Informal Public Hearing —Zonin Code Text Amendment— Distilleries —
Z000-101
Ap ant: City of Golden Valley
Purpose To consider adding laiguage in the Zoning Code regarding
tilleries.
rt
Goellner stated that craft disteries and cocktail rooms are a growing trend and many
communities are starting to all6w�tth..em. Shy stated that staff is proposi language similar
to the recently adopted brewery or pance.,$he discussed the dis g process and the
definitions of a distillery, a micro-distills acid a cocktail room e referred to the state
statutes regarding cocktail rooms and s that there _ " imits of the amount of alcohol
that can be served. The amount may not ex` ed .5..1 "races per variety per person and no
more than 1.5 ounces may be samples by artiy. on any day.
Goellner stated that staff is proposing h-gf d �' tillerie"e a permitted use in the Industrial
zoning district only and that micro-diiiiiiieries.Pe a pen4tted use in the Light Industrial and
Industrial zoning districts, and.,,a conditionalase in the IVIi ,d-Use zoning district. She
stated that staff is also propdsing that cockta;j�l rooms smaiieohan 50% of the floor area
be permitted uses in thelight Industrial and Industrial zoning a tricts and conditional
uses in the Mixed- e zoning district. Cocktal rooms that are lar`gr than 50% of the floor
area would be nditional uses in the Light Industrial, Industrial, ari'` . axed-Use zoning
districts. Sh dded that a cocktail room would require parking similar that of a Class III
/ua
so staff is recommending 1 space er 60 square feet plus 1 space per 25
et of bar area.er questioned why micro-distilleries, ould be allowed in the Mixed-Use zoning
all. Goellner said she thinks they co i Id be a good economic development tool.
§ 11.04
Section 11.04: Temporary Uses and Events
Subdivision 1. Purpose and Effect
The purpose of this Section is to provide conditions under which certain temporary
uses and events may be allowed while ensuring a minimum negative impact to
neighboring land uses.
Subdivision 2. Authorized Temporary Uses Events
A. The City Council may permit in any nonresidential use zoning district for a
temporary period not to exceed one hundred eighty (180) days temporary
uses such as carnivals, circuses, farmers' markets, festivals and promotional
events, including art fairs, upon the following:
1. Review of site plan for conformance to zoning regulations including, but
not limited to: parking, signage, lighting, sound and landscaping;
2. Plans for vehicle and pedestrian access, parking and traffic control;
3. Provision of appropriate utilities including, but not limited to: sewer,
water, waste disposal, organic recovery, recycling, surface water
drainage, and power;
4. Provision of appropriate public safety measures, including, but not limited
to, adequate steps to ensure fire protection and security of the site;
5. A cleanup plan;
6. Other conditions to address the public health, safety, welfare and
community impacts from the use event.
7. A proposed maximum time period not to exceed one hundred eighty
(180) days.
B. Such temporary rues events shall be permitted within the required front
yard, side yard, or rear yard; except where prohibited under Section 7.04 of
this Code. They shall not be allowed within the public right-of-way or other
public property unless such right-of-way will be closed for the event by the
City.
Subdivision 3. Authorized Temporary Uses
A. The City Manager or his/her designee may issue a permit for a mobile food
vending operation in any nonresidential zoning district to operate for a
temporary_period not to exceed seven (7) days. The permit application shall
be on a form promulgated by the City Manager or his/her designee and shall
include any information needed to establish compliance with this Subdivision.
Golden Valley City Code Page 1 of 4
Any application shall include the application fee amount established by the
City Council in the master fee schedule and such fee shall be not refundable
if the permit is denied or the applicant withdraws or otherwise ceases
operation or use of the permit All mobile food vending permit applications
and permits shall be subject to the following conditions:
1. With the permit implication the applicant shall provide written proof that
the applicant is the current holder of all license(s) required by Hennepin
County and the State of Minnesota, as applicable, with respect to a mobile
food vending operation and the vendor shall maintain such license(s) in
good standing for the duration of the permit.
2. The vendor shall comply with all other applicable provisions of the City
Code including, but not limited to, those regulations regarding parking,,
signage, lighting, and sound.
3. A permit is valid for only one (1) mobile vending vehicle, trailer, or cart.
4. The permitted days of operation shall be set forth in the permit. A vendor
that has obtained a permit under this Subdivision, upon the expiration
thereof, may apply for another permit under this Subdivision.
5. The permit implication shall contain a signed statement that the applicant
shall hold harmless the City, and their officers and employees, and shall
indemnify the City, and their officers and employees for any claims for
damage to property or injury to persons which may be occasioned by any
activity carried on under the terms of the permit.
6. If the application seeks to operate a vending operation in a City Park and
and/or on the public right-of-way, the application shall include
documentation satisfactory to the City Manager or his/her designee
evidencing the applicant's public liability, food products liability, and
property damage insurance and that the City is or will be named as an
additional insured on such insurance for all the permitted days of
operation Such insurance shall be maintained without change for the
duration of the permitted days of operation.
7. The permit shall set forth the location() where the vending operation
may operate and it shall be a violation of this Section for any vendor to
engage in vending operations in any location in the City other than the
location(s) set forth in the permit.
8. Overnight parking and storage by the vendor is prohibited at the
permitted location(s). The vendor must vacate the permitted location
when not engaging in vending operations. Hours of vending operation are
limited to 8 am to 10 pm unless otherwise limited or extended by the City
Manager or his/her designee, as set forth in the permit.
9. With the permit application, the applicant shall provide written proof
permission from the owner() of the property(ies) at the permitted
location(s) to engage in vending operations at those location(s). If the
permitted location is located in a Golden Valley City Park, the issuance of
the permit by the Parks and Recreation Department shall constitute such
permission.
1O.The vendor must keep a copy of the permit with the vending unit and
demonstrate compliance with the permit and the permit conditions set
forth in this Subdivision upon inspection.
11.The vending operation may not block sidewalks or drive aisles, impede
pedestrian or vehicular traffic, or interfere with public safety.
12.The vending operation shall be located on an impervious surface unless
unique circumstances cause the City Manager or his/her designee to
permit the operation to be located on a pervious surface.
13.No vending operation may occupy accessible parking spaces or parking
spaces used to fulfill any property's minimum parking requirements under
this Code, unless the applicable property owner can demonstrate that
parking would be adequately supplied during the vending operations.
14. The vendor must provide and remove trash and recycling receptacles for
customer use and keep the site in a neat and orderly fashion. The
permitted location(s) must be kept free from litter, refuse, debris, junk or
other waste which results in offensive odors or unsightly conditions. The
vendor shall be responsible for all litter and garbage left by customers.
15. No vending operation may be located within one hundred (200) feet at its
closest point to the main entrance of a public eating establishment or any
outdoor dining area with the exception of other mobile food vendors and
except with the written consent of the proprietor of the establishment or
dining area. No person shall either pay or accept payment for such written
consent. With the permit application, the applicant shall provide written
permission from the proprietor when applicable.
16. No vending operation may be located within one thousand (1,000) feet at
its closest point to a school while the school is in session unless written
permission from the school principal is provided in the permit application.
With the permit application, the applicant shall provide written permission
from the principal when applicable.
17. If while holding a permit granted under this Subdivision, a vendor violates
any provision of this Subdivision, in addition to any other remedy
provided under this Code, the City Manager or his/her designee may
revoke the permit and/or prohibit such vendor from obtaining a new
permit under this Subdivision for a period not exceeding thirty (30) days
from the date of such violation.
B. Such temporary uses shall be permitted within the required front yard, side
yard, or rear yard; except where prohibited under Section 7.04 of this Code.
They shall not be allowed within the public right-of-way or other public
property, except a City Park as allowed under this Subdivision, unless such
right-of-way will be closed for the event by the City_
§ 11.04
Section 11.04: Temporary Uses and Events
Subdivision 1. Purpose and Effect
The purpose of this Section is to provide conditions under which certain temporary
uses and events may be allowed while ensuring a minimum negative impact to
neighboring land uses.
Subdivision 2. Authorized Temporary Events
A. The City Council may permit in any nonresidential zoning district for a
temporary period not to exceed one hundred eighty (180) days temporary
uses such as carnivals, circuses, farmers' markets, festivals and promotional
events, including art fairs, upon the following:
1. Review of site plan for conformance to zoning regulations including, but
not limited to: parking, signage, lighting, sound and landscaping;
2. Plans for vehicle and pedestrian access, parking and traffic control;
3. Provision of appropriate utilities including, but not limited to: sewer,
water, waste disposal, organic recovery, recycling, surface water
drainage, and power;
4. Provision of appropriate public safety measures, including, but not limited
to, adequate steps to ensure fire protection and security of the site;
5. A cleanup plan;
6. Other conditions to address the public health, safety, welfare and
community impacts from the event.
7. A proposed maximum time period not to exceed one hundred eighty
(180) days.
B. Such temporary events shall be permitted within the required front yard, side
yard, or rear yard; except where prohibited under Section 7.04 of this Code.
They shall not be allowed within the public right-of-way or other public
property unless such right-of-way will be closed for the event by the City.
Subdivision 3. Authorized Temporary Uses
A. The City Manager or his/her designee may issue a permit for a mobile food
vending operation in any nonresidential zoning district to operate for a
temporary period not to exceed seven (7) days. The permit application shall
be on a form promulgated by the City Manager or his/her designee and shall
include any information needed to establish compliance with this Subdivision.
Any application shall include the application fee amount established by the
City Council in the master fee schedule, and such fee shall be not refundable
if the permit is denied or the applicant withdraws or otherwise ceases
Golden Valley City Code Page 1 of 4
§ 11.04
operation or use of the permit. All mobile food vending permit applications
and permits shall be subject to the following conditions:
1. With the permit application, the applicant shall provide written proof that
the applicant is the current holder of all license(s) required by Hennepin
County and the State of Minnesota, as applicable, with respect to a mobile
food vending operation and the vendor shall maintain such license(s) in
good standing for the duration of the permit.
2. The vendor shall comply with all other applicable provisions of the City
Code including, but not limited to, those regulations regarding parking,
signage, lighting, and sound.
3. A permit is valid for only one (1) mobile vending vehicle, trailer, or cart.
4. The permitted days of operation shall be set forth in the permit. A vendor
that has obtained a permit under this Subdivision, upon the expiration
thereof, may apply for another permit under this Subdivision.
5. The permit application shall contain a signed statement that the applicant
shall hold harmless the City, and their officers and employees, and shall
indemnify the City, and their officers and employees for any claims for
damage to property or injury to persons which may be occasioned by any
activity carried on under the terms of the permit.
6. If the application seeks to operate a vending operation in a City Park and
and/or on the public right-of-way, the application shall include
documentation satisfactory to the City Manager or his/her designee
evidencing the applicant's public liability, food products liability, and
property damage insurance and that the City is or will be named as an
additional insured on such insurance for all the permitted days of
operation. Such insurance shall be maintained without change for the
duration of the permitted days of operation.
7. The permit shall set forth the location(s) where the vending operation
may operate and it shall be a violation of this Section for any vendor to
engage in vending operations in any location in the City other than the
location(s) set forth in the permit.
8. Overnight parking and storage by the vendor is prohibited at the
permitted location(s). The vendor must vacate the permitted location
when not engaging in vending operations. Hours of vending operation are
limited to 8 am to 10 pm unless otherwise limited or extended by the City
Manager or his/her designee, as set forth in the permit.
9. With the permit application, the applicant shall provide written proof
permission from the owner(s) of the property(ies) at the permitted
location(s) to engage in vending operations at those location(s). If the
Golden Valley City Code Page 2 of 4
§ 11.04
permitted location is located in a Golden Valley City Park, the issuance of
the permit by the Parks and Recreation Department shall constitute such
permission.
10. The vendor must keep a copy of the permit with the vending unit and
demonstrate compliance with the permit and the permit conditions set
forth in this Subdivision upon inspection.
11. The vending operation may not block sidewalks or drive aisles, impede
pedestrian or vehicular traffic, or interfere with public safety.
12. The vending operation shall be located on an impervious surface unless
unique circumstances cause the City Manager or his/her designee to
permit the operation to be located on a pervious surface.
13. No vending operation may occupy accessible parking spaces or parking
spaces used to fulfill any property's minimum parking requirements under
this Code, unless the applicable property owner can demonstrate that
parking would be adequately supplied during the vending operations.
14. The vendor must provide and remove trash and recycling receptacles for
customer use and keep the site in a neat and orderly fashion. The
permitted location(s) must be kept free from litter, refuse, debris, junk or
other waste which results in offensive odors or unsightly conditions. The
vendor shall be responsible for all litter and garbage left by customers.
15. No vending operation may be located within one hundred (200) feet at its
closest point to the main entrance of a public eating establishment or any
outdoor dining area with the exception of other mobile food vendors and
except with the written consent of the proprietor of the establishment or
dining area. No person shall either pay or accept payment for such written
consent. With the permit application, the applicant shall provide written
permission from the proprietor when applicable.
16. No vending operation may be located within one thousand (1,000) feet at
its closest point to a school while the school is in session unless written
permission from the school principal is provided in the permit application.
With the permit application, the applicant shall provide written permission
from the principal when applicable.
17. If while holding a permit granted under this Subdivision, a vendor violates
any provision of this Subdivision, in addition to any other remedy
provided under this Code, the City Manager or his/her designee may
revoke the permit and/or prohibit such vendor from obtaining a new
permit under this Subdivision for a period not exceeding thirty (30) days
from the date of such violation.
Golden Valley City Code Page 3 of 4
§ 11.04
B. Such temporary uses shall be permitted within the required front yard, side
yard, or rear yard; except where prohibited under Section 7.04 of this Code.
They shall not be allowed within the public right-of-way or other public
property, except a City Park as allowed under this Subdivision, unless such
right-of-way will be closed for the event by the City.
Golden Valley City Code Page 4 of 4
city 0
olden
valley
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Mobile Food Vendor Vehicle Permits
Food Trucks in Golden Valley Park Locations
The Golden Valley Parks and Recreation Department allows licensed food truck operators' to apply for
one day permits(up to three consecutive days)to operate in designated areas within the Golden Valley
Park System.
The cost of a permit is $40 per day, Monday-Sunday.
Exceptions:
• Holiday programs and special events sponsored by the City of Golden Valley will need to be
approved by event and fee will be based on 20%of gross revenues.
• Food truck operation and concession trailers participating in the annual Valley Days Celebration
will work directly with the Celebration Committee on permit and fee requirements.
• Food truck participation at an event sponsored by a recognized Golden Valley neighborhood
group will require a permit however no fee will be charged.
The locations listed below are the approved locations within the City of Golden Valley Park System
where food trucks are allowed. Number of food trucks allowed per-location will dependent on the site
selected.
Food Truck Operation Locations:
Brookview Park
Gearty Park
Hampshire Park
Lakeview Park
Lion's Park
Medley Park
Scheid Park
Wesley Park
(Other locations may be approved/please list preferred park)
Food Truck Permit Information
For those planning to operate a food truck within the City of Golden Valley Park System, please carefully
review the following rules:
• A city approved permit(from the Parks & Recreation Department) is required to park a food
truck anywhere within the Golden Valley Parks System
• All food truck operators must be inspected by an authorized agency and possess a current mobile
food vendor vehicle license and/or a catering license from the Minnesota Department of Health
(temporary food stand certificate), Hennepin County, City of Minneapolis or the City of St. Paul
to be allowed to sell/distribute food and beverages in Golden Valley parks. If you are not a
licensed food truck operator you must first obtain the necessary licenses before a permit will be
granted. A copy of your vendor and caterers license must be attached to the permit application
• All food truck operators must provide the City of Golden Valley an insurance rider listing the city
as an additional insured on the policy for the permitted dates of operation
• No refunds will be given for any reason once the permit has been issued
• Permits are only valid for one to three calendar days and are valid only for the dates specified
• Operators are responsible for clean-up and trash removal generated from their operation in the
immediate area
• Food trucks must park in a designated parking lot and must not impede normal traffic flow
• Food trucks may not park on the grass or pathways (unless special permission authorized)
• Permits will be limited by area
• Generally alcoholic beverages are not allowed in Golden Valley parks. A beer and wine permit
can be obtained for Brookview Park only for an additional daily fee of$25.00
• Permits are valid only during park hours of 8 AM-10 PM.
• Food truck operators will be assessed for all damages or extra trash clean-up within the park
generated by their operation (if required)
• Food trucks found operating without a permit or in areas not designated in the list above will be
subject to a citation
Please call the Golden Valley Parks & Recreation Department at 763-512-2345 or email
kwiinikainen( jzoldenvalleymn.gov or SVanSloun@goldenvalleymn.gov for additional Food Truck
permitting information.
City of Golden Valley
Parks & Recreation Department
200 Brookview Parkway
Golden Valley, MN 55426
763-512-2345 (Mon-Fri 8:00 AM - 4:30 PM)
Golden Valley Mobile Food Vendor Application
Clay f Brookview Community Center
Zoo Brookview Parkway
golden'l .. ..4'
Golden Valley, Minnesota 55426
763-53-2-2345
ZTa. ��
www.goldenvalleymn.gov
Food Sales Hours: 8:0o AM —so:oo PM, Monday— Sunday
$40 (Per-Day)
Park: ❑Brookview ❑Gearty []Hampshire []Lakeview Qions [Medley [$cheid QJesley ❑
Date(s): Start Time: End Time:
Description:
Applicant Name:
Email:
Address: City: State: ZIP:
Cell Phone: Other Phone:
Please attach insurance rider listing City of Golden Valley as an additional insured and copy of Minnesota food sales license
to application. Permit will not be processed without current license and insurance certificate.
I have read the Mobile Food Truck Permit information packet and agree to the conditions outlined in the packet. I understand that any
agreement granted would be subject to the information outlined in the packet. I hereby agree that these rules shall be strictly observed.
I accept entire responsibility for the enforcement of these rules and agree to protect the Parks and Recreation facilities and indemnify
the City of Golden Valley of any damage due to the use of the facility covered by this agreement. I also understand that this agreement
may be revoked or canceled at any time,with or without cause,and that in the event of such revocation or cancellation,there shall be no
claim or right to damages or reimbursement on account of any loss, damage or expense whatsoever. I further agree to protect,
indemnify, save and hold harmless the City of Golden Valley and its officers and employees from any and all claims, liabilities, damages
or rights of action directly or indirectly growing out of the use of the facilities requested in this application. I understand that the Parks
and Recreation Department often take pictures of facilities that are used for brochures and marketing in which I grant permission.
Signature of Permit Holder: Date:
Fee $ Check# Cash Visa/MC Date Paid Rec'd By
Visa/MS Account# Expires
Signature
ORDINANCE NO. 562, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Chapter 11: Land Use Regulation (Zoning) Regarding Mobile Food Vendors
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Section 11.04 is amended by changing the title to Temporary
Uses and Events.
Section 2. City Code Section 11.04, Subdivision 2 is amended by changing the title
to Authorized Temporary Events.
Section 3. City Code Section 11.04, Subdivision 2(A) is amended by deleting the
word "use" in the first sentence and replacing it with the word "zoning."
Section 4. City Code Section 11.04, Subdivision 2(A)(6) is amended by deleting the
word "use" and replacing it with the word "event."
Section 5. City Code Section 11.04, Subdivision 2(B) is amended by deleting the
word "uses" in the first sentence and replacing it with the word "events."
Section 6. City Code Section 11.04 is amended by adding Subdivision 3 as follows:
Subdivision 3. Authorized Temporary Uses
A. The City Manager or his/her designee may issue a permit for a mobile food vending
operation in any nonresidential zoning district to operate for a temporary period not
to exceed seven (7) days. The permit application shall be on a form promulgated by
the City Manager or his/her designee and shall include any information needed to
establish compliance with this Subdivision. Any application shall include the
application fee amount established by the City Council in the master fee schedule,
and such fee shall be not refundable if the permit is denied or the applicant
withdraws or otherwise ceases operation or use of the permit. All mobile food
vending permit applications and permits shall be subject to the following conditions:
1. With the permit application, the applicant shall provide written proof that the
applicant is the current holder of all license(s) required by Hennepin County and
the State of Minnesota, as applicable, with respect to a mobile food vending
operation and the vendor shall maintain such license(s) in good standing for the
duration of the permit.
2. The vendor shall comply with all other applicable provisions of the City Code
including, but not limited to, those regulations regarding parking, signage,
lighting, and sound.
3. A permit is valid for only one (1) mobile vending vehicle, trailer, or cart.
4. The permitted days of operation shall be set forth in the permit. A vendor that has
obtained a permit under this Subdivision, upon the expiration thereof, may apply
for another permit under this Subdivision.
Ordinance No. 562 - continued
5. The permit application shall contain a signed statement that the applicant shall
hold harmless the City, and their officers and employees, and shall indemnify the
City, and their officers and employees for any claims for damage to property or
injury to persons which may be occasioned by any activity carried on under the
terms of the permit.
6. If the application seeks to operate a vending operation in a City Park and and/or
on the public right-of-way, the application shall include documentation
satisfactory to the City Manager or his/her designee evidencing the applicant's
public liability, food products liability, and property damage insurance and that
the City is or will be named as an additional insured on such insurance for all the
permitted days of operation. Such insurance shall be maintained without change
for the duration of the permitted days of operation.
7. The permit shall set forth the location(s) where the vending operation may
operate and it shall be a violation of this Section for any vendor to engage in
vending operations in any location in the City other than the location(s) set forth
in the permit.
8. Overnight parking and storage by the vendor is prohibited at the permitted
location(s). The vendor must vacate the permitted location when not engaging in
vending operations. Hours of vending operation are limited to 8 am to 10 pm
unless otherwise limited or extended by the City Manager or his/her designee, as
set forth in the permit.
9. With the permit application, the applicant shall provide written proof permission
from the owner(s) of the property(ies) at the permitted location(s) to engage in
vending operations at those location(s). If the permitted location is located in a
Golden Valley City Park, the issuance of the permit by the Parks and Recreation
Department shall constitute such permission.
10. The vendor must keep a copy of the permit with the vending unit and
demonstrate compliance with the permit and the permit conditions set forth in this
Subdivision upon inspection.
11. The vending operation may not block sidewalks or drive aisles, impede
pedestrian or vehicular traffic, or interfere with public safety.
12. The vending operation shall be located on an impervious surface unless unique
circumstances cause the City Manager or his/her designee to permit the
operation to be located on a pervious surface.
13. No vending operation may occupy accessible parking spaces or parking spaces
used to fulfill any property's minimum parking requirements under this Code,
unless the applicable property owner can demonstrate that parking would be
adequately supplied during the vending operations.
14. The vendor must provide and remove trash and recycling receptacles for
customer use and keep the site in a neat and orderly fashion. The permitted
Ordinance No. 562 - continued
location(s) must be kept free from litter, refuse, debris, junk or other waste which
results in offensive odors or unsightly conditions. The vendor shall be responsible
for all litter and garbage left by customers.
15. No vending operation may be located within one hundred (200) feet at its closest
point to the main entrance of a public eating establishment or any outdoor dining
area with the exception of other mobile food vendors and except with the written
consent of the proprietor of the establishment or dining area. No person shall
either pay or accept payment for such written consent. With the permit
application, the applicant shall provide written permission from the proprietor
when applicable.
16. No vending operation may be located within one thousand (1,000) feet at its
closest point to a school while the school is in session unless written permission
from the school principal is provided in the permit application. With the permit
application, the applicant shall provide written permission from the principal when
applicable.
17. If while holding a permit granted under this Subdivision, a vendor violates any
provision of this Subdivision, in addition to any other remedy provided under this
Code, the City Manager or his/her designee may revoke the permit and/or
prohibit such vendor from obtaining a new permit under this Subdivision for a
period not exceeding thirty (30) days from the date of such violation.
B. Such temporary uses shall be permitted within the required front yard, side yard, or
rear yard; except where prohibited under Section 7.04 of this Code. They shall not
be allowed within the public right-of-way or other public property, except a City Park
as allowed under this Subdivision, unless such right-of-way will be closed for the
event by the City.
Section 7. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99
entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
Section 8. This Ordinance shall take effect from and after its passage and
publication as required by law.
Adopted by the City Council this 7th day of July, 2015.
/s/Shepard M. Harris
Shepard M. Harris, Mayor
ATTEST:
/s/Kristine A. Luedke
Kristine A. Luedke, City Clerk
city 0
golden! MEMORANDUM
valley Ph Development Department
ey Y sical DeveloP P
JJ 763-593-8095/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 7, 2015
Agenda Item
4. C. Continue Public Hearing - Amending Chapter 11: Land Use Regulation (Zoning) regarding
Cocktail Rooms, Distilleries, and Micro-Distilleries
Prepared By
Emily Goellner, Associate Planner/Grant Writer
Summary
At its June 8, 2015, regular meeting, the Planning Commission recommended approval to amend
the Zoning Code related to Cocktail Rooms, Distilleries, and Micro-Distilleries.
In order to have the Zoning Code amendments coincide with liquor license amendments, staff is
recommending the Public Hearing be continued to the July 21, 2015, City Council Meeting.
Recommended Action
Motion to continue Public Hearing to the July 21, 2015, City Council Meeting.
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763-593-8079/763-593-8098(fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 7, 2015
Agenda Item
6. A. First Consideration -Amendment to City Code Regarding the Golden Valley Property
Maintenance Code
Prepared By
John Crelly, Fire Chief
Rick Hammerschmidt, Deputy Fire Chief
Summary
At the June 9, 2015, Council/Manager meeting, staff presented Council with amendments to the
City Code to adopt the International Property Maintenance Code (IPMC) by reference. Council
requested that staff proceed with the amendment changes.
Currently, Chapter 4, Section 4.60 of City Code, titled Residential Property Maintenance Code,
contains regulations pertaining to minimum exterior standards of all residential properties, rental
and multiple dwelling exterior standards, rental and multiple dwelling interior standards, rental
and multiple dwelling mechanical standards and licensing of rental dwellings. The intertwining of
these large scoping code elements are confusing, not comprehensive, not based on any model
codes and it contains rental licensing requirements that should be in Chapter 6 of City Code.
Staff recommends the adoption of the 2012 IPMC which is produced by the International Code
Council (ICC). The ICC also coordinates and produces all the other model codes that the City of
Golden Valley has adopted including the Fire Code, Building Code, Residential Code, Plumbing
Code and Mechanical Code. These model codes are developed through a public process and are
coordinated between them to eliminate conflicting language. These model codes are widely
adopted and used around the metropolitan area.
Attachments
• International Property Maintenance Code Underline/Overscored version (49 pages)
• International Property Maintenance Code clean version (38 pages)
• Section 4.60 Residential Property Maintenance Code Underline/Overscored version (13
pages)
• Section 4.60 International Property Maintenance Code Adopt clean version (6 pages)
• Ordinance#563 -Amending Chapter 4: Buildings and Signs, Adoption of 2012 International
Property Maintenance Code (6 pages)
Recommended Action
Motion to adopt First Consideration, Ordinance #563, amending City Code Regarding the Golden
Valley Property Maintenance Code.
SECTION 4.60:
ADOPTION OF INTERNATIONAL PROPERTY MAINTENANCE CODE
Subdivision 1. Code Adopted
The International Property Maintenance Code, 2012 Edition, ("IPMC") published by the International Code
Council, Inc., is hereby adopted by reference for the City as modified and amended by Subdivisions 2 below.
The IPMC, as modified and amended by Subdivisions 2 below, shall be considered a part of this Section as if
set out in full herein and shall be referred to as the Golden Valley Property Maintenance Code.
Subdivision 2. Amendments to the IPMC
The IPMC adopted by reference in Subdivision 1 is hereby amended in the following respects for application
within the City:
(a) Section 101.1. This Section is revised in its entirety to read as follows: "These regulations shall
be known as the Golden Valley Property Maintenance Code, hereinafter referred to as "this
code.
(b) Section 102.1. The following sentence is added at the end of this Section. "When there is a
conflict between this code and any other section of the City Code, the more restrictive shall
govern."
(c) Section 102.3. In the first sentence, the terms: "International Building Code, International
Energy Conservation Code, International Fire Code, International Fuel Gas Code, International
Mechanical Code, International Residential Code, International Plumbing Code and NFPA 70"
are deleted and replaced with "Minnesota State Building Code, the Minnesota State Fire Code,
the Minnesota Plumbing Code, the Minnesota Residential Code, the Minnesota Fuel Gas Code,
the Minnesota Mechanical Code, the Minnesota Electrical Code, the Minnesota Residential
Energy Code and the Minnesota Commercial Energy Code". In the second sentence the term
"International Zoning Code" is deleted and replaced with "City Zoning Code as set forth in
Chapter 11 of the City Code".
(d) Section 102.7 . This first sentence of this Section is revised in its entirety to read as follows:
"The codes and standards referenced in this code shall be those that are listed in the Minnesota
State Building Code, the Minnesota State Fire Code, the Minnesota Plumbing Code, the
Minnesota Residential Code, the Minnesota Fuel Gas Code, the Minnesota Mechanical Code,
the Minnesota Electrical Code, the Minnesota Residential Energy Code and the Minnesota
Commercial Energy Code and considered part of the requirements of this code to the
prescribed extent of each such reference and as further regulated in Sections 102.7.1 and
102.7.2."
(e) Section 103. The title of this Section is revised in its entirety to read as follows: "Administration
of this Property Maintenance Code."
(f) Section 103.1. This Section is revised in its entirety to read as follows: "The City Manager shall
administer this code."
(g) Section 103.2. This Section is revised in its entirety to read as follows: "The City Manager or the
City Manager's designee shall designate the code official responsible for the administration and
enforcement of this code."
(h) Section 103.4 The term " member of the board of appeals " is deleted and replaced with the
term "administrative hearing officer".
(i) Section 103.5. This Section is revised to add at the end of the existing language: "the City's
master fee schedule adopted by the City Council from time to time."
(j) Section 106.3. This first sentence of this Section is revised in its entirety to read as follows:
"Any person failing to comply with a notice of violation or order served in accordance with
Section 107 shall be deemed guilty of a misdemeanor or a civil offense punishable by
administrative citation in accordance with the City Code, and the violation shall be deemed a
strict liability offense."
(k) Section 109.6: The second sentence of this Section is revised in its entirety to read as follows:
"Any affected person shall thereafter, be entitled to an administrative hearing as set forth in
Section 2.91 of the City Code."
(1) Section 111.1 This Section is revised in its entirety to read as follows: "Any person directly
affected by a decision of the code official or a notice or order issued under this code shall have
the right to appeal to a hearing officer in an administrative hearing as provided in Section 2.91
of the City Code, provided that a written application for appeal is filed within 20 days after the
day the decision, notice or order was served. In the case of an appeal from a notice issued to
vacate pending elimination of imminent dangers, the appeal shall be heard as soon as possible
after the time of filing. In the case of appeals from other notices, the appeal shall be heard at
such time as may be established under Section 2.91 of the City Code. An application for appeal
shall be based on a claim that the true intent of this code or the rules legally adopted
thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or
the requirements of this code are adequately satisfied by other means."
(m) Sections 111.2 through Section 111.7, inclusive, are deleted in their entirety.
(n) Section 112.4. This Section is revised in its entirety to read as follows: "Any person who shall
continue any work after having been served with a stop work order, except such work as that
person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine
set forth in the schedule referred to in Section 103.5 hereof."
(o) Section 201.3 This Section is revised in its entirety to read as follows: "Where terms are not
defined in this code and are defined in the Minnesota State Building Code, the Minnesota State
Fire Code, the Minnesota Plumbing Code, the Minnesota Residential Code, the Minnesota Fuel
Gas Code, the Minnesota Mechanical Code, the Minnesota Electrical Code, the Minnesota
Residential Energy Code, the Minnesota Commercial Energy Code and the City of Golden Valley
City Code, such terms shall have the meanings ascribed to them as stated in those codes."
(p) Section 202. The following definition is added: "CORD OF FIREWOOD. Means a unit of cut fuel
wood, equal to one hundred twenty-eight (128) cubic feet in a stack."
(q) Section 202. The following definition is added: "FIREWOOD. Wood or wood product used or
intended for heating fuel in a dwelling or for recreational fire. Painted or treated wood shall not
be considered firewood."
(r) Section 202. The following definition is added: "NEAT, SECURED STACK. Means a stack of
firewood that is piled in a regular, orderly arrangement that is stable and reasonably resistant
to collapse."
(s) Section 202. The following definition is added: "RECYCLABLES. Means items of refuse
designated by the Hennepin County Department of Environment and Energy to be part of an
authorized recycling program and which are intended for processing and remanufacture or
reuse."
(t) Section 202. The definition of "Rubbish" is revised in its entirety to read: "Combustible and
noncombustible waste materials, except garbage; the term shall include the residue from the
burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral
matter, glass, discarded furniture (including unusable/unsafe outdoor furniture), crockery and
dust and other similar materials."
(u) Section 202. The following definition is added: "YARD WASTE. Grass/lawn clippings, leaves,
weeds, garden waste (tomato vines, carrot tops, cucumber vines, etc.) soft bodied plants
(flower and vegetable plants), hedge or tree trimmings and twigs (1/4 inch diameter
maximum), pine cones and needles."
(v) Section 302.4. The words appearing in the brackets in the first sentence are deleted and the
words "8 inches" are inserted therein, and the brackets are deleted.
(w) Section 304.1.1. The phrase "International Building Code or the International Existing Building
Code" is deleted and the term "Minnesota State Building Code" is inserted in its place.
(x) Section 304.3. The following sentence is added at the end of this Section: "For a building
existing prior to the adoption of this code by the City, the owner shall be responsible for
providing building numbering in accordance with Section 4.06 of the City Code until
replacement of such numbers is required during a remodeling, residing, or rebuilding of the
exterior of the building, or in the event of loss or damage to some or all of such existing
numbers."
(y) Section 304.14. The date "May 1" replaces the word "DATE" in the first set of brackets and the
date "August 1" replaces the word "DATE" in the second set of brackets, and the brackets are
deleted.
(z) Section 305.1.1. The phrase "International Building Code or the International Existing Building
Code" is deleted and the term "Minnesota State Building Code" is inserted in its place.
(aa) Section 306.1.1. The term "International Building Code" is deleted and the term "Minnesota
State Building Code" is inserted in its place.
(bb) Section 308.1. This Section is revised in its entirety to read as follows: "All exterior property and
premises, and the interior of every structure, shall be free from any accumulation of rubbish,
garbage, recyclables, and / or yard waste and disposed of in accordance with Section 10.40 of
the City Code."
(cc) Sections 308.3.3. A new Section is added to read: "RENTAL GARBAGE FACILITIES. All rental
property owners shall be responsible for providing garbage pickup and water and sewer
services."
(d d) Section 310. A new Section is added entitled: "SECTION 310 OUTDOOR WOOD STORAGE."
(ee) Sections 310.1. A new Section is added to read: "310.1. General. The following are
conditions for outdoor wood storage."
(ff) Sections 310.1.1, 310.1.2, and 310.1.3. New Sections 310.1.1, 310.1.2, and 310.1.3 are added
to read:
"310.1.1
Except for firewood and construction materials necessary for on-site work, no wood or wood
product shall be kept or stored upon a residential premises.
310.1.2
Firewood may be stored upon a residential premises solely for use on the premises and not for
resale.
310.1.3
All firewood located upon a residential premises shall be stored as follow:
1. The firewood shall be cut/split to a uniform shape thirty (30) inches in length or less,
stored in neat, secure stacks, and prepared for use;
2. Each stack cannot exceed a cord of firewood. The height of a woodpile over three (3)
feet shall be no more than twice its width, but in no event shall the height exceed
five (5) feet;
3. Firewood stacks must have at least ten (10) feet of space from each other;
4. The firewood shall not be in a deteriorating state;
5. No firewood shall be stored within three (3) feet of any side or five (5) feet of any
rear property line, except that if the wood is stored in an accessory structure the
accessory structure shall meet all zoning setback requirements; and
6. No firewood shall be stored in the front yard."
(gg) Section 401.3. The term "International Building Code" is deleted and replaced with the term
"Minnesota State Building Code".
(h h) Section 403.5. This Section is revised in its entirety to read as follows: "Clothes dryer exhaust
systems shall be independent of all other systems and shall be exhausted outside the structure
in accordance with the manufacturer's instructions and the Minnesota Mechanical Code."
(ii) Sections 502.5 and 505.1. The term "International Plumbing Code" is deleted and replaced with
the term "Minnesota State Plumbing Code".
(jj) Section 602.3. The date "October 1" replaces the word "DATE" in the first set of brackets and
the date "May 1" replaces the word "DATE" in the second set of brackets, and the brackets are
deleted.
(kk) Section 602.4. The date "October 1" replaces the word "DATE" in the first set of brackets and
the date "May 1" replaces the word "DATE" in the second set of brackets, and the brackets are
deleted.
(II) Section 604.3.1.1. The term "International Building Code" is deleted and replaced with the term
"Minnesota State Building Code".
(mm) Section 604.3.2.1. The term "International Building Code" is deleted and replaced with the term
"Minnesota State Building Code".
(nn) Section 606.1. This first sentence of this Section is revised to read in entirety as follows:
"Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17 and
Chapter 1307 of the Minnesota State Building Code."
(oo) Section 702.1. The term "International Fire Code" is deleted and the term "Minnesota State Fire
Code" is inserted in its place.
(pp) Section 702.2. The term "International Fire Code" is deleted and the term "Minnesota State Fire
Code" is inserted in its place.
(q q) Section 702.3. The term "International Building Code" is deleted and the term "Minnesota State
Building Code" is inserted in its place.
(r r) Section 704.1. The term "International Fire Code" is deleted and the term "Minnesota State Fire
Code" is inserted in its place.
(ss) Section 704.2. The term "International Fire Code" is deleted and the term "Minnesota State Fire
Code" is inserted in its place.
(tt) Section 705. A new Section is added entitled: "SECTION 705 CARBON MONOXIDE ALARMS."
(u u) Section 705.1. A new Section is added to read: "705.1 General. Carbon monoxide alarms shall
be installed in accordance with Minnesota Statute 299F.50-51."
(vv) Chapter 8. The following sentence in Chapter 8 is deleted in its entirety: "The application of
the referenced standards shall be as specified in Section 102.7."
(ww) Chapter 8. In the table regarding the American Society of Mechanical Engineers in Chapter 8,
the standard reference number "A17.1/CSA B44-2007" cited therein is changed to:
"A17.1/CSA B44-2010".
(xx) Chapter 8. The table regarding the International Code Council is deleted in its entirety.
Subdivision 3. IPMC on File
At least one copy of the IPMC shall be marked CITY OF GOLDEN VALLEY - OFFICIAL COPY and kept on file in the
office of the City Clerk and open to inspection and use by the public.
Source: Ordinance No. xx, x Series
Effective Dote:xx-xx-xx
2012 - INTERNATIONAL PROPERTY MAINTENANCE CODE
CHAPTER 1 — SCOPE AND ADMINISTRATION
PART 1 — SCOPE AND APPLICATION
SECTION 101 GENERAL
[A] 101.1 Title.
These regulations shall be known as the i tienGlGolden Valley Property Maintenance Code of [INIAME n[
lJRI T! , hereinafter referred to as "this code."
[A] 101.2 Scope.
The provisions of this code shall apply to all existing residential and nonresidential structures and all existing
premises and constitute minimum requirements and standards for premises, structures, equipment and
facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from
fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and
occupants;the occupancy of existing structures and premises, and for administration, enforcement and
penalties.
[A] 101.3 Intent.
This code shall be construed to secure its expressed intent, which is to ensure public health, safety and
welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises.
Existing structures and premises that do not comply with these provisions shall be altered or repaired to
provide a minimum level of health and safety as required herein.
[A] 101.4 Severability.
If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional,
such decision shall not affect the validity of the remaining portions of this code.
SECTION 102 APPLICABILITY
[A] 102.1 General.
Where there is a conflict between a general requirement and a specific requirement, the specific requirement
shall govern. Where differences occur between provisions of this code and the referenced standards, the
provisions of this code shall apply. Where, in a specific case, different sections of this code specify different
requirements, the most restrictive shall govern. When there is a conflict between this code and any other
section of the City Code,the more restrictive shall govern.
[A] 102.2 Maintenance.
Equipment, systems, devices and safeguards required by this code or a previous regulation or code under
which the structure or premises was constructed, altered or repaired shall be maintained in good working
order. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required
under this section to be removed from or shut off from or discontinued for any occupied dwelling, except for
such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this
code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and
devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent
shall be responsible for the maintenance of buildings, structures and premises.
[A] 102.3 Application of other codes.
Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the
procedures and provisions of the c=0GGiMel, ,,, ( „r,ef+U ,^„ ( ede
(�O--e, ifl[eFfwti I one!Fuel Gigs Gede; ipter-PGtieRGi A4ec-hGPieG! Code, inter-nGtiepGl Re�-,ideptie�
Code L ter-p ,ti-ep ,1 OI&fImbi Code aAd ninon 70 Minnesota State Building Code, the Minnesota State Fire
Code, the Minnesota Plumbing Code, the Minnesota Residential Code, the Minnesota Fuel Gas Code, the
Minnesota Mechanical Code, the Minnesota Electrical Code, the Minnesota Residential Energy Code and the
Minnesota Commercial Enerav Code_. Nothing in this code shall be construed to cancel, modify or set aside any
provision of the CLivy Zoning Code as set forth in Chapter 11 of the City Code.
[A] 102.4 Existing remedies.
The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or
its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and
insanitary.
[A] 102.5 Workmanship.
Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the
enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance
with the manufacturer's instructions.
[A] 102.6 Historic buildings.
The provisions of this code shall not be mandatory for existing buildings or structures designated as historic
buildings when such buildings or structures are judged by the code official to be safe and in the public interest
of health, safety and welfare.
[A] 102.7 Referenced codes and standards.
The codes and standards referenced in this code shall be those that are listed in the Minnesota State
Building Code, the Minnesota State Fire Code, the Minnesota Plumbing Code, the Minnesota Residential Code,
the Minnesota Fuel Gas Code,the Minnesota Mechanical Code, the Minnesota Electrical Code, the Minnesota
Residential Energy Code and the Minnesota Commercial Energy Code and considered part of the requirements
of this code to the prescribed extent of each such reference and as further regulated in Sections 102.7.1 and
102.7.2.
Exception: Where enforcement of a code provision would violate the conditions of the listing of the
equipment or appliance, the conditions of the listing shall apply.
[A] 102.7.1 Conflicts.
Where conflicts occur between provisions of this code and the referenced standards, the provisions of
this code shall apply.
[A] 102.7.2 Provisions in referenced codes and standards.
Where the extent of the reference to a referenced code or standard includes subject matter that is
within the scope of this code, the provisions of this code, as applicable, shall take precedence over the
provisions in the referenced code or standard.
[A] 102.8 Requirements not covered by code.
Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or
equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be
determined by the code official.
[A] 102.9 Application of references.
References to chapter or section numbers, or to provisions not specifically identified by number, shall be
construed to refer to such chapter, section or provision of this code.
[A] 102.10 Other laws.
The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.
PART 2 — ADMINISTRATION AND ENFORCEMENT
SECTION 103 nFERARTnnrniTADMINISTRATION OF THIS PROPERTY MAINTENANCE INISPECTIGAI
[Al 103 1 General
th.,Feef shall be L.,.,.. Y s the .-.,de „ff;,.,,,ICCIDE
[Al 103.1 General.
The City Manager shall administer this code.
[A] 103.2 Appointment.
The City Manager or the City Manager's designee shall designate the code official shall be appeiRted by the
chief-,.,.,,,Rung thGFity of the ;uFisdietiG.,responsible for the administration and enforcement of this code.
[A] 103.3 Deputies.
In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing
authority, the code official shall have the authority to appoint a deputy(s). Such employees shall have powers
as delegated by the code official.
[A] 103.4 Liability.
The code official, rnember ef the beaFd of appealsadministrative hearing officer or employee charged with the
enforcement of this code, while acting for the jurisdiction, in good faith and without malice in the discharge of
the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable
personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as
a result of an act or by reason of an act or omission in the discharge of official duties. Any suit instituted
against any officer or employee because of an act performed by that officer or employee in the lawful
discharge of duties and under the provisions of this code shall be defended by the legal representative of the
jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be
liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code.
[A] 103.5 Fees.
The fees for activities and services performed by the department in carrying out its responsibilities under this
code shall be as indicated in the following schedule: the City's master fee schedule adopted by the City Council
from time to time.
[jURISPICTION TO INSERT ^ooQnoRI TE SCHEI) ii G 1
SECTION 104 DUTIES AND POWERS OF THE CODE OFFICIAL
[A] 104.1 General.
The code official is hereby authorized and directed to enforce the provisions of this code. The code official
shall have the authority to render interpretations of this code and to adopt policies and procedures in order to
clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance
with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving
requirements specifically provided for in this code.
[A] 104.2 Inspections.
The code official shall make all of the required inspections, or shall accept reports of inspection by approved
agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible
officer of such approved agency or by the responsible individual. The code official is authorized to engage such
expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval
of the appointing authority.
[A] 104.3 Right of entry.
Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code
official has reasonable cause to believe that there exists in a structure or upon a premises a condition in
violation of this code, the code official is authorized to enter the structure or premises at reasonable times to
inspect or perform the duties imposed by this code, provided that if such structure or premises is occupied the
code official shall present credentials to the occupant and request entry. If such structure or premises is
unoccupied, the code official shall first make a reasonable effort to locate the owner or other person having
charge or control of the structure or premises and request entry. If entry is refused, the code official shall have
recourse to the remedies provided by law to secure entry.
[A] 104.4 Identification.
The code official shall carry proper identification when inspecting structures or premises in the performance of
duties under this code.
[A] 104.5 Notices and orders.
The code official shall issue all necessary notices or orders to ensure compliance with this code.
[A] 104.6 Department records.
The code official shall keep official records of all business and activities of the department specified in the
provisions of this code. Such records shall be retained in the official records for the period required for
retention of public records.
SECTION 105 APPROVAL
[A] 105.1 Modifications.
Whenever there are practical difficulties involved in carrying out the provisions of this code, the code official
shall have the authority to grant modifications for individual cases upon application of the owner or owner's
representative, provided the code official shall first find that special individual reason makes the strict letter of
this code impractical and the modification is in compliance with the intent and purpose of this code and that
such modification does not lessen health, life and fire safety requirements. The details of action granting
modifications shall be recorded and entered in the department files.
[A] 105.2 Alternative materials, methods and equipment.
The provisions of this code are not intended to prevent the installation of any material or to prohibit any
method of construction not specifically prescribed by this code, provided that any such alternative has been
approved. An alternative material or method of construction shall be approved where the code official finds
that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that
the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in
this code in quality, strength, effectiveness, fire resistance, durability and safety.
[A] 105.3 Required testing.
Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a
material or method does not conform to the requirements of this code, or in order to substantiate claims for
alternative materials or methods, the code official shall have the authority to require tests to be made as
evidence of compliance at no expense to the jurisdiction.
[A] 105.3.1 Test methods.
Test methods shall be as specified in this code or by other recognized test standards. In the absence of
recognized and accepted test methods, the code official shall be permitted to approve appropriate
testing procedures performed by an approved agency.
[A] 105.3.2 Test reports.
Reports of tests shall be retained by the code official for the period required for retention of public
records.
[A] 105.4 Used material and equipment.
The use of used materials which meet the requirements of this code for new materials is permitted. Materials,
equipment and devices shall not be reused unless such elements are in good repair or have been
reconditioned and tested when necessary, placed in good and proper working condition and approved by the
code official.
[A] 105.5 Approved materials and equipment.
Materials, equipment and devices approved by the code official shall be constructed and installed in
accordance with such approval.
[A] 105.6 Research reports.
Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided
for in this code, shall consist of valid research reports from approved sources.
SECTION 106 VIOLATIONS
[A] 106.1 Unlawful acts.
It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the
provisions of this code.
[A] 106.2 Notice of violation.
The code official shall serve a notice of violation or order in accordance with Section 107.
[A] 106.3 Prosecution of violation.
Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be
deemed guilty of a misdemeanor or civil :nfraetien as determi^^d by the local m Ricipalityoffense punishable
by administrative citation in accordance with the City Code, and the violation shall be deemed a strict liability
offense. If the notice of violation is not complied with, the code official shall institute the appropriate
proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or
termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the
order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such
premises shall be charged against the real estate upon which the structure is located and shall be a lien upon
such real estate.
[A] 106.4 Violation penalties.
Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the
requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a
violation continues after due notice has been served shall be deemed a separate offense.
[A] 106.5 Abatement of violation.
The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from
instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a
building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building,
structure or premises.
SECTION 107 NOTICES AND ORDERS
[A] 107.1 Notice to person responsible.
Whenever the code official determines that there has been a violation of this code or has grounds to believe
that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the
person responsible for the violation as specified in this code. Notices for condemnation procedures shall also
comply with Section 108.3.
[A] 107.2 Form.
Such notice prescribed in Section 107.1 shall be in accordance with all of the following:
1. Be in writing.
2. Include a description of the real estate sufficient for identification.
3. Include a statement of the violation or violations and why the notice is being issued.
4. Include a correction order allowing a reasonable time to make the repairs and improvements
required to bring the dwelling unit or structure into compliance with the provisions of this code.
5. Inform the property owner of the right to appeal.
6. Include a statement of the right to file a lien in accordance with Section 106.3.
[A] 107.3 Method of service.
Such notice shall be deemed to be properly served if a copy thereof is:
1. Delivered personally;
2. Sent by certified or first-class mail addressed to the last known address; or
3. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a
conspicuous place in or about the structure affected by such notice.
[A] 107.4 Unauthorized tampering.
Signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed or tampered with, or
removed without authorization from the code official.
[A] 107.5 Penalties.
Penalties for noncompliance with orders and notices shall be as set forth in Section 106.4.
[A] 107.6 Transfer of ownership.
It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or
upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of
such dwelling unit or structure to another until the provisions of the compliance order or notice of violation
have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a
true copy of any compliance order or notice of violation issued by the code official and shall furnish to the
code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee,
acknowledging the receipt of such compliance order or notice of violation and fully accepting the
responsibility without condition for making the corrections or repairs required by such compliance order or
notice of violation.
SECTION 108 UNSAFE STRUCTURES AND EQUIPMENT
[A] 108.1 General.
When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit
for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of
this code.
[A] 108.1.1 Unsafe structures.
An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the
public or the occupants of the structure by not providing minimum safeguards to protect or warn
occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged,
decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that
partial or complete collapse is possible.
[A] 108.1.2 Unsafe equipment.
Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring
or device, flammable liquid containers or other equipment on the premises or within the structure
which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety
of the public or occupants of the premises or structure.
[A] 108.1.3 Structure unfit for human occupancy.
A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe,
unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is
insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination,
sanitary or heating facilities or other essential equipment required by this code, or because the
location of the structure constitutes a hazard to the occupants of the structure or to the public.
[A] 108.1.4 Unlawful structure.
An unlawful structure is one found in whole or in part to be occupied by more persons than permitted
under this code, or was erected, altered or occupied contrary to law.
[A] 108.1.5 Dangerous structure or premises.
For the purpose of this code, any structure or premises that has any or all of the conditions or defects
described below shall be considered dangerous:
1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform
to the approved building or fire code of the jurisdiction as related to the requirements for
existing buildings.
2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so
warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of
egress.
3. Any portion of a building, structure or appurtenance that has been damaged by fire,
earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause
to such an extent that it is likely to partially or completely collapse, or to become detached or
dislodged.
4. Any portion of a building, or any member, appurtenance or ornamentation on the exterior
thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened
in place so as to be capable of resisting natural or artificial loads of one and one-half the
original designed value.
5. The building or structure, or part of the building or structure, because of dilapidation,
deterioration, decay, faulty construction, the removal or movement of some portion of the
ground necessary for the support, or for any other reason, is likely to partially or completely
collapse, or some portion of the foundation or underpinning of the building or structure is likely
to fail or give way.
6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy.
7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as
to become an attractive nuisance to children who might play in the building or structure to
their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons
to resort to the building or structure for committing a nuisance or an unlawful act.
8. Any building or structure has been constructed, exists or is maintained in violation of any
specific requirement or prohibition applicable to such building or structure provided by the
approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent
as to present either a substantial risk of fire, building collapse or any other threat to life and
safety.
9. A building or structure, used or intended to be used for dwelling purposes, because of
inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement,
inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by
the code official to be unsanitary, unfit for human habitation or in such a condition that is likely
to cause sickness or disease.
10. Any building or structure, because of a lack of sufficient or proper fire-resistance-rated
construction, fire protection systems, electrical system, fuel connections, mechanical system,
plumbing system or other cause, is determined by the code official to be a threat to life or
health.
11. Any portion of a building remains on a site after the demolition or destruction of the
building or structure or whenever any building or structure is abandoned so as to constitute
such building or portion thereof as an attractive nuisance or hazard to the public.
[A] 108.2 Closing of vacant structures.
If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural
collapse, the code official is authorized to post a placard of condemnation on the premises and order the
structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises
within the time specified in the order, the code official shall cause the premises to be closed and secured
through any available public agency or by contract or arrangement by private persons and the cost thereof
shall be charged against the real estate upon which the structure is located and shall be a lien upon such real
estate and may be collected by any other legal resource.
[A] 108.2.1 Authority to disconnect service utilities.
The code official shall have the authority to authorize disconnection of utility service to the building,
structure or system regulated by this code and the referenced codes and standards set forth in Section
102.7 in case of emergency where necessary to eliminate an immediate hazard to life or property or
when such utility connection has been made without approval. The code official shall notify the serving
utility and, whenever possible, the owner and occupant of the building, structure or service system of
the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner
or occupant of the building structure or service system shall be notified in writing as soon as practical
thereafter.
[A] 108.3 Notice.
Whenever the code official has condemned a structure or equipment under the provisions of this section,
notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on
the owner or the person or persons responsible for the structure or equipment in accordance with Section
107.3. If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice
shall be in the form prescribed in Section 107.2.
[A] 108.4 Placarding.
Upon failure of the owner or person responsible to comply with the notice provisions within the time given,
the code official shall post on the premises or on defective equipment a placard bearing the word
"Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment
or removing the placard.
[A] 108.4.1 Placard removal.
The code official shall remove the condemnation placard whenever the defect or defects upon which
the condemnation and placarding action were based have been eliminated. Any person who defaces or
removes a condemnation placard without the approval of the code official shall be subject to the
penalties provided by this code.
[A] 108.5 Prohibited occupancy.
Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code
official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any
owner or any person responsible for the premises who shall let anyone occupy a placarded premises or
operate placarded equipment shall be liable for the penalties provided by this code.
[A] 108.6 Abatement methods.
The owner, operator or occupant of a building, premises or equipment deemed unsafe by the code official
shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation,
demolition or other approved corrective action.
[A] 108.7 Record.
The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of
the structure and the nature of the unsafe condition.
SECTION 109 EMERGENCY MEASURES
[A] 109.1 Imminent danger.
When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or
structure which endangers life, or when any structure or part of a structure has fallen and life is endangered
by the occupation of the structure, or when there is actual or potential danger to the building occupants or
those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of
toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby
authorized and empowered to order and require the occupants to vacate the premises forthwith. The code
official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure
Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to
enter such structure except for the purpose of securing the structure, making the required repairs, removing
the hazardous condition or of demolishing the same.
[A] 109.2 Temporary safeguards.
Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent
danger due to an unsafe condition, the code official shall order the necessary work to be done, including the
boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein
described has been instituted; and shall cause such other action to be taken as the code official deems
necessary to meet such emergency.
[A] 109.3 Closing streets.
When necessary for public safety, the code official shall temporarily close structures and close, or order the
authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures,
and prohibit the same from being utilized.
[A] 109.4 Emergency repairs.
For the purposes of this section, the code official shall employ the necessary labor and materials to perform
the required work as expeditiously as possible.
[A] 109.5 Costs of emergency repairs.
Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the
jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is
or was located for the recovery of such costs.
[A] 109.6 Hearing.
Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person
shall thereafter, be
entitled to an administrative hearing as set forth in Section 2.91 of the City Code.
SECTION 110 DEMOLITION
[A] 110.1 General.
The code official shall order the owner of any premises upon which is located any structure, which in the code
official judgment after review is so deteriorated or dilapidated or has become so out of repair as to be
dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is
unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of
being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or
to demolish and remove at the owner's option; or where there has been a cessation of normal construction of
any structure for a period of more than two years, the code official shall order the owner to demolish and
remove such structure, or board up until future repair. Boarding the building up for future repair shall not
extend beyond one year, unless approved by the building official.
[A] 110.2 Notices and orders.
All notices and orders shall comply with Section 107.
[A] 110.3 Failure to comply.
If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official
shall cause the structure to be demolished and removed, either through an available public agency or by
contract or arrangement with private persons, and the cost of such demolition and removal shall be charged
against the real estate upon which the structure is located and shall be a lien upon such real estate.
[A] 110.4 Salvage materials.
When any structure has been ordered demolished and removed, the governing body or other designated
officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable
materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such
demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the
items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a
court. If such a surplus does not remain to be turned over, the report shall so state.
SECTION 111 MEANS OF APPEAL
[A] 111.1 Application for appeal.
Any person directly affected by a decision of the code official or a notice or order issued under this code shall
have the right to appeal to the heaFd of appe34a hearing, officer in an administrative hearing as provided in
Section 2.91 of the City Code, provided that a written application for appeal is filed within 20 days after the
day the decision, notice or order was served. In the case of an appeal from a notice issued to vacate pendine
elimination of imminent dangers, the appeal shall be heard as soon as possible after the time of filing. In the
case of appeals from other notices, the appeal shall be heard at such time as may be established under Section
2.91 of the City Code. An application for appeal shall be based on a claim that the true intent of this code or
the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully
apply, or the requirements of this code are adequately satisfied by other means.
[Al 111.2 AAembeFShip of -hoard
[A1 1311.2.1- Alternate members
The chief appeiRtiRg awtheFity shall apPE)iRt a miRimum ef twe altemate Ime.m.-heirs whe shall be called
mnmhnrc shall e ecc the qualific-,+ieRc r ncl fnr he-aryl membership-.
fAl 111.2.2 Chairman
The hn-.rrl shall aRRually celert n of its members to ceFve as eh-,irm-,r
[Al 111-2.3 Disqualification of member.
ie�t.
[Al 111.2.4 Ce.•retar.,
The chief administrative efficeF shall desigRate a qualified peFseR te seFve as seepetaFy te the be
^fvrfrt'cncrr.
[Al 111.2.5 Compensation of miambers
Cemr,er,c-,+inr, of members shall he .de+ermir,e.d by law.
[Al 111.3 Notice of meeting.
T-hp- -hp--Ard- shall meet UpeR Retice fFem the chairmaR, WithiR 20 days of the filiRg ef aR appeal, eF at stated
periecl'r• m e+'Rnc
[A] 111-4 Open heaFir.e
shallGeRSiSt Of ef tvve-thirds efthe mherchir,
[Al 111.44 Procedure
The beaFd shall adept aAd make availa-ble te the public threugh the secFetaFy pFeceduFes undeF whic-h
but shall m R date that er.ly rele r,+ ipfnrm-,tier, he r e.d
[Al 111.5 Postponed he+rir.g
shall have the Fight ter est a ectp9RemeRt of the he-.rir, ,
[Al 111.6 Beard .derisier,
the tetal r, mher of pte,d heard m mherc
[Al 111,664 Records and
i
[Al 111.6.2 A.dministratioR
The eeele 6qWeiG!shall t;4kp ArAiAR aGGeFdaRee with the deemsmeR ef the beaFd. [Al 3:11 7 Court
*moi r
[A] 111. 7 Stays of enforcement.
Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice
and order until the appeal is heard by the appeals board.
SECTION 112 STOP WORK ORDER
[A] 112.1 Authority.
Whenever the code official finds any work regulated by this code being performed in a manner contrary to the
provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work
order.
[A] 112.2 Issuance.
A stop work order shall be in writing and shall be given to the owner of the property, to the owner's agent, or
to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The
stop work order shall state the reason for the order and the conditions under which the cited work is
authorized to resume.
[A] 112.3 Emergencies.
Where an emergency exists, the code official shall not be required to give a written notice prior to stopping
the work.
[A] 112.4 Failure to comply.
Any person who shall continue any work after having been served with a stop work order, except such work as
that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of-.^,^*�s
set forth in the schedule referred to in Section 103.5
hereof.
CHAPTER 2 — DEFINITIONS
SECTION 201 GENERAL
201.1 Scope.
Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings
shown in this chapter.
201.2 Interchangeability.
Words stated in the present tense include the future; words stated in the masculine gender include the
feminine and neuter; the singular number includes the plural and the plural, the singular.
201.3 Terms defined in other codes.
Where terms are not defined in this code and are defined in the .
,
Minnesota
State Building Code. the Minnesota State Fire Code. the Minnesota Plumbing Code, the Minnesota Residential
Code. the Minnesota Fuel Gas Code, the Minnesota Mechanical Code, the Minnesota Electrical Code, the
Minnesota Residential Energy Code, the Minnesota Commercial Energy Code and the City of Golden Valley
City Code,such terms shall have the meanings ascribed to them as stated in those codes.
201.4 Terms not defined.
Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily
accepted meanings such as the context implies.
201.5 Parts.
Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house," "rooming unit,"
"housekeeping unit" or "story" are stated in this code, they shall be construed as though they were followed
by the words "or any part thereof."
SECTION 202 GENERAL DEFINITIONS
ANCHORED. Secured in a manner that provides positive connection.
[A] APPROVED. Approved by the code official.
BASEMENT. That portion of a building which is partly or completely below grade.
BATHROOM. A room containing plumbing fixtures including a bathtub or shower.
BEDROOM. Any room or space used or intended to be used for sleeping purposes in either a dwelling or
sleeping unit.
[A] CODE OFFICIAL. The official who is charged with the administration and enforcement of this code, or any
duly authorized representative.
CONDEMN. To adjudge unfit for occupancy.
CORD OF FIREWOOD. Means a unit of cut fuel wood, equal to one hundred twenty-eight (128) cubic feet in a
stack.
DETACHED. When a structural element is physically disconnected from another and that connection is
necessary to provide a positive connection.
DETERIORATION. To weaken, disintegrate, corrode, rust or decay and lose effectiveness.
[B] DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons,
including permanent provisions for living, sleeping, eating, cooking and sanitation.
[Z] EASEMENT. That portion of land or property reserved for present or future use by a person or agency
other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or
above a said lot or lots.
EQUIPMENT SUPPORT. Those structural members or assemblies of members or manufactured elements,
including braces, frames, lugs, snuggers, hangers or saddles, that transmit gravity load, lateral load and
operating load between the equipment and the structure.
EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners
or operators of such premises.
FIREWOOD. Wood or wood product used or intended for heating fuel in a dwelling or for recreational fire.
Painted or treated wood shall not be considered firewood.
GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption
of food.
[B] GUARD. A building component or a system of building components located at or near the open sides of
elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.
[B] HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms,
closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
HOUSEKEEPING UNIT. A room or group of rooms forming a single habitable space equipped and intended to
be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory
and bathtub or shower.
IMMINENT DANGER. A condition which could cause serious or life-threatening injury or death at any time.
INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other
pests.
INOPERABLE MOTOR VEHICLE. A vehicle which cannot be driven upon the public streets for reason including
but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved
under its own power.
[A] LABELED. Equipment, materials or products to which have been affixed a label, seal, symbol or other
identifying mark of a nationally recognized testing laboratory, inspection agency or other organization
concerned with product evaluation that maintains periodic inspection of the production of the above-labeled
items and whose labeling indicates either that the equipment, material or product meets identified standards
or has been tested and found suitable for a specified purpose.
LET FOR OCCUPANCY or LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit,
rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof,
pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded
agreement of contract for the sale of land.
NEGLECT. The lack of proper maintenance for a building or structure.
NEAT. SECURED STACK. Means a stack of firewood that is piled in a regular, orderly arrangement that is stable
and reasonably resistant to collapse.
[A] OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied.
OCCUPANT. Any individual living or sleeping in a building, or having possession of a space within a building.
OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and
which opens directly to the outdoors.
OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for
occupancy.
[A] OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the
property; or recorded in the official records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the guardian of the estate of any such person,
and the executor or administrator of the estate of such person if ordered to take possession of real property
by a court.
PERSON. An individual, corporation, partnership or any other group acting as a unit.
PEST ELIMINATION. The control and elimination of insects, rodents or other pests by eliminating their
harborage places; by removing or making inaccessible materials that serve as their food or water; by other
approved pest elimination methods.
[A] PREMISES. A lot, plot or parcel of land, easement or public way, including any structures thereon.
[A] PUBLIC WAY. Any street, alley or similar parcel of land essentially unobstructed from the ground to the
sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
RECYCLABLES. Means items of refuse designated by the Hennepin County Department of Environment and
Energy to be part of an authorized recycling program and which are intended for processing and
remanufacture or reuse.
ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and
not occupied as a one- or two-family dwelling.
ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be
occupied for sleeping or living, but not for cooking purposes.
RUBBISH. Combustible and noncombustible waste materials, except garbage; the term shall include the
residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass,
discarded furniture (including unusable-unsafe outdoor furniture), crockery and dust and other similar
materials.
[B] SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for
living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part
of a dwelling unit are not sleeping units.
STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove
criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was
prohibited, or failed to do an act which the defendant was legally required to do.
[A] STRUCTURE. That which is built or constructed or a portion thereof.
TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a
building or portion thereof as a unit.
TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower.
ULTIMATE DEFORMATION. The deformation at which failure occurs and which shall be deemed to occur if the
sustainable load reduces to 80 percent or less of the maximum strength.
[M] VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or
removing such air from, any space.
WORKMANLIKE. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and
without marring adjacent work.
[Z] YARD. An open space on the same lot with a structure.
YARD WASTE. Grass/lawn clippings, leaves, weeds, garden waste (tomato vines, carrot tops, cucumber vines,
etc.) soft bodied plants (flower and vegetable plants), hedge or tree trimmings and twigs (1/4 inch diameter
maximum), pine cones and needles.
CHAPTER 3 — GENERAL REQUIREMENTS
SECTION 301 GENERAL
301.1 Scope.
The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for
maintenance of structures, equipment and exterior property.
301.2 Responsibility.
The owner of the premises shall maintain the structures and exterior property in compliance with these
requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or
permit another person to occupy premises which are not in a sanitary and safe condition and which do not
comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit
are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit,
housekeeping unit or premises which they occupy and control.
301.3 Vacant structures and land.
All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and
sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public
health or safety.
SECTION 302 EXTERIOR PROPERTY AREAS
302.1 Sanitation.
All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant
shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary
condition.
302.2 Grading and drainage.
All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of
stagnant water thereon, or within any structure located thereon.
Exception:
Approved retention areas and reservoirs.
302.3 Sidewalks and driveways.
All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of
repair, and maintained free from hazardous conditions.
302.4 Weeds.
All premises and exterior property shall be maintained free from weeds or plant growth in excess of
jj RISPICTION TO INSERT HEIGHT IN INC4c48_inches. All noxious weeds shall be prohibited. Weeds shall be
defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term
shall not include cultivated flowers and gardens.
Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a
notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by
the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized
employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the
property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be
paid by the owner or agent responsible for the property.
302.5 Rodent harborage.
All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents
are found, they shall be promptly exterminated by approved processes which will not be injurious to human
health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent
reinfestation.
302.6 Exhaust vents.
Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors
or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of
another tenant.
302.7 Accessory structures.
All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound
and in good repair.
302.8 Motor vehicles.
Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept
or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in
the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an
approved spray booth.
Exception:
A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such
work is performed inside a structure or similarly enclosed area designed and approved for such
purposes.
302.9 Defacement of property.
No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or
building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the
responsibility of the owner to restore said surface to an approved state of maintenance and repair.
SECTION 303 SWIMMING POOLS, SPAS AND HOT TUBS
303.1 Swimming pools.
Swimming pools shall be maintained in a clean and sanitary condition, and in good repair.
303.2 Enclosures.
Private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth shall be
completely surrounded by a fence or barrier at least 48 inches (1219 mm) in height above the finished ground
level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-
closing and self-latching. Where the self-latching device is a minimum of 54 inches (1372 mm) above the
bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-
latching gates shall be maintained such that the gate will positively close and latch when released from an
open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced
or changed in a manner that reduces its effectiveness as a safety barrier.
Exception:
Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the
provisions of this section.
SECTION 304 EXTERIOR STRUCTURE
304.1 General.
The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose
a threat to the public health, safety or welfare.
304.1.1 Unsafe conditions.
The following conditions shall be determined as unsafe and shall be repaired or replaced to comply
with the '^*.PrPGti.PgGi Building Gede „r the into-. atie Gl&istinyMinnesota State Building Code as
required for existing buildings:
1. The nominal strength of any structural member is exceeded by nominal loads, the load
effects or the required strength;
2. The anchorage of the floor or roof to walls or columns, and of walls and columns to
foundations is not capable of resisting all nominal loads or load effects;
3. Structures or components thereof that have reached their limit state;
4. Siding and masonry joints including joints between the building envelope and the perimeter
of windows, doors and skylights are not maintained, weather resistant or water tight;
5. Structural members that have evidence of deterioration or that are not capable of safely
supporting all nominal loads and load effects;
6. Foundation systems that are not firmly supported by footings, are not plumb and free from
open cracks and breaks, are not properly anchored or are not capable of supporting all nominal
loads and resisting all load effects;
7. Exterior walls that are not anchored to supporting and supported elements or are not plumb
and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or
are not capable of supporting all nominal loads and resisting all load effects;
8. Roofing or roofing components that have defects that admit rain, roof surfaces with
inadequate drainage, or any portion of the roof framing that is not in good repair with signs of
deterioration, fatigue or without proper anchorage and incapable of supporting all nominal
loads and resisting all load effects;
9. Flooring and flooring components with defects that affect serviceability or flooring
components that show signs of deterioration or fatigue, are not properly anchored or are
incapable of supporting all nominal loads and resisting all load effects;
10. Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not
properly anchored or that are anchored with connections not capable of supporting all nominal
loads and resisting all load effects;
11. Overhang extensions or projections including, but not limited to, trash chutes, canopies,
marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or
that are anchored with connections not capable of supporting all nominal loads and resisting all
load effects;
12. Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto,
including guards and handrails, are not structurally sound, not properly anchored or that are
anchored with connections not capable of supporting all nominal loads and resisting all load
effects; or
13. Chimneys, cooling towers, smokestacks and similar appurtenances not structurally sound or
not properly anchored, or that are anchored with connections not capable of supporting all
nominal loads and resisting all load effects.
Exceptions:
1. When substantiated otherwise by an approved method.
2. Demolition of unsafe conditions shall be permitted when approved by the code
official.
304.2 Protective treatment.
All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim,
balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-
resistant woods, shall be protected from the elements and decay by painting or other protective covering or
treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and
masonry joints, as well as those between the building envelope and the perimeter of windows, doors and
skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion
shall be coated to inhibit such rust and corrosion, and all surfaces with rust or corrosion shall be stabilized and
coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces
designed for stabilization by oxidation are exempt from this requirement.
[F] 304.3 Premises identification.
Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the
street or road fronting the property. These numbers shall contrast with their background. Address numbers
shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) in height with
a minimum stroke width of 0.5 inch (12.7 mm). For buildings existing prior to the adoption of this code by the
City, the owner shall be responsible for providing building numbering in accordance with Section 4.06 of the
City Code until replacement of such numbers is required during a remodeling, residing, or rebuilding of the
exterior of the building, or in the event of loss or damage to some or all of such existing numbers.
304.4 Structural members.
All structural members shall be maintained free from deterioration, and shall be capable of safely supporting
the imposed dead and live loads.
304.5 Foundation walls.
All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such
condition so as to prevent the entry of rodents and other pests.
304.6 Exterior walls.
All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof
and properly surface coated where required to prevent deterioration.
304.7 Roofs and drainage.
The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be
adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains,
gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not
be discharged in a manner that creates a public nuisance.
304.8 Decorative features.
All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be
maintained in good repair with proper anchorage and in a safe condition.
304.9 Overhang extensions.
All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes,
standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in
a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the
elements and against decay or rust by periodic application of weather-coating materials, such as paint or
similar surface treatment.
304.10 Stairways, decks, porches and balconies.
Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained
structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
304.11 Chimneys and towers.
All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe
and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements
and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface
treatment.
304.12 Handrails and guards.
Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall
be maintained in good condition.
304.13 Window, skylight and door frames.
Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight.
304.13.1 Glazing.
All glazing materials shall be maintained free from cracks and holes.
304.13.2 Openable windows.
Every window, other than a fixed window, shall be easily openable and capable of being held in
position by window hardware.
304.14 Insect screens.
During the period from IPATT 1st to rn�October 11, every door, window and other outside opening
required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where
products to be included or utilized in food for human consumption are processed, manufactured, packaged or
stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25
mm), and every screen door used for insect control shall have a self-closing device in good working condition.
Exception:
Screens shall not be required where other approved means, such as air curtains or insect repellent
fans, are employed.
304.15 Doors.
All exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good
condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on
means of egress doors shall be in accordance with Section 702.3.
304.16 Basement hatchways.
Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage
water.
304.17 Guards for basement windows.
Every basement window that is openable shall be supplied with rodent shields, storm windows or other
approved protection against the entry of rodents.
304.18 Building security.
Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with
devices designed to provide security for the occupants and property within.
304.18.1 Doors.
Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or
let shall be equipped with a deadbolt lock designed to be readily openable from the side from which
egress is to be made without the need for keys, special knowledge or effort and shall have a minimum
lock throw of 1 inch (25 mm). Such deadbolt locks shall be installed according to the manufacturer's
specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall
not be considered an acceptable deadbolt lock.
304.18.2 Windows.
Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a walking
surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented,
leased or let shall be equipped with a window sash locking device.
304.18.3 Basement hatchways.
Basement hatchways that provide access to a dwelling unit, rooming unit or housekeeping unit that is
rented, leased or let shall be equipped with devices that secure the units from unauthorized entry.
304.19 Gates.
All exterior gates, gate assemblies, operator systems if provided, and hardware shall be maintained in good
condition. Latches at all entrances shall tightly secure the gates.
SECTION 305 INTERIOR STRUCTURE
305.1 General.
The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in
a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean
and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a
dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean
and sanitary condition, the shared or public areas of the structure and exterior property.
305.1.1 Unsafe conditions.
The following conditions shall be determined as unsafe and shall be repaired or replaced to comply
with the iPte,,PGtiePGi amid ng Gede ^r the into-pGtienei E)4s;i4^Minnesota State Building Code as
required for existing buildings:
1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the
required strength;
2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is
not capable of resisting all nominal loads or load effects;
3. Structures or components thereof that have reached their limit state;
4. Structural members are incapable of supporting nominal loads and load effects;
5. Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not
structurally sound, not properly anchored or are anchored with connections not capable of supporting
all nominal loads and resisting all load effects;
6. Foundation systems that are not firmly supported by footings are not plumb and free from open
cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and
resisting all load effects.
Exceptions:
1. When substantiated otherwise by an approved method.
2. Demolition of unsafe conditions shall be permitted when approved by the code official.
305.2 Structural members.
All structural members shall be maintained structurally sound, and be capable of supporting the imposed
loads.
305.3 Interior surfaces.
All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition.
Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster,
decayed wood and other defective surface conditions shall be corrected.
305.4 Stairs and walking surfaces.
Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound
condition and good repair.
305.5 Handrails and guards.
Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall
be maintained in good condition.
305.6 Interior doors.
Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed
by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the
attachment hardware.
SECTION 306 COMPONENT SERVICEABILITY
306.1 General.
The components of a structure and equipment therein shall be maintained in good repair, structurally sound
and in a sanitary condition.
306.1.1 Unsafe conditions.
Where any of the following conditions cause the component or system to be beyond its limit state, the
component or system shall be determined as unsafe and shall be repaired or replaced to comply with
the Minnesota State Building Code as required for existing buildings:
1. Soils that have been subjected to any of the following conditions:
1.1. Collapse of footing or foundation system;
1.2. Damage to footing, foundation, concrete or other structural element due to soil expansion;
1.3. Adverse effects to the design strength of footing, foundation, concrete or other structural
element due to a chemical reaction from the soil;
1.4. Inadequate soil as determined by a geotechnical investigation;
I.S. Where the allowable bearing capacity of the soil is in doubt; or
1.6. Adverse effects to the footing, foundation, concrete or other structural element due to the
ground water table.
2. Concrete that has been subjected to any of the following conditions:
2.1. Deterioration;
2.2. Ultimate deformation;
2.3. Fractures;
2.4. Fissures;
2.5. Spalling;
2.6. Exposed reinforcement; or
2.7. Detached, dislodged or failing connections.
3. Aluminum that has been subjected to any of the following conditions:
3.1. Deterioration;
3.2. Corrosion;
3.3. Elastic deformation;
3.4. Ultimate deformation;
3.5. Stress or strain cracks;
3.6. Joint fatigue; or
3.7. Detached, dislodged or failing connections.
4. Masonry that has been subjected to any of the following conditions:
4.1. Deterioration;
4.2. Ultimate deformation;
4.3. Fractures in masonry or mortar joints;
4.4. Fissures in masonry or mortar joints;
4.5. Spalling;
4.6. Exposed reinforcement; or
4.7. Detached, dislodged or failing connections.
5. Steel that has been subjected to any of the following conditions:
5.1. Deterioration;
5.2. Elastic deformation;
5.3. Ultimate deformation;
5.4. Metal fatigue; or
5.5. Detached, dislodged or failing connections.
6. Wood that has been subjected to any of the following conditions:
6.1. Ultimate deformation;
6.2. Deterioration;
6.3. Damage from insects, rodents and other vermin;
6.4. Fire damage beyond charring;
6.5. Significant splits and checks;
6.6. Horizontal shear cracks;
6.7. Vertical shear cracks;
6.8. Inadequate support;
6.9. Detached, dislodged or failing connections; or
6.10. Excessive cutting and notching.
Exceptions:
1. When substantiated otherwise by an approved method.
2. Demolition of unsafe conditions shall be permitted when approved by the code official.
SECTION 307 HANDRAILS AND GUARDRAILS
307.1 General.
Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the
stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is
more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less
than 30 inches (762 mm) in height or more than 42 inches (1067 mm) in height measured vertically above the
nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than
30 inches (762 mm) in height above the floor of the landing, balcony, porch, deck, or ramp or other walking
surface.
Exception:
Guards shall not be required where exempted by the adopted building code.
SECTION 308 RUBBISH AND GARBAGE
308.1 Accumulation of rubbish or garbage.
All exterior property and premises, and the interior of every structure, shall be free from any accumulation of
rubbish, arbae, recvclables, and / or yard waste and disposed of in accordance with Section
10.40 of the City Code.
308.2 Disposal of rubbish.
Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such
rubbish in approved containers.
308.2.1 Rubbish storage facilities.
The owner of every occupied premises shall supply approved covered containers for rubbish, and the
owner of the premises shall be responsible for the removal of rubbish.
308.2.2 Refrigerators.
Refrigerators and similar equipment not in operation shall not be discarded, abandoned or stored on
premises without first removing the doors.
308.3 Disposal of garbage.
Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage
in an approved garbage disposal facility or approved garbage containers.
308.3.1 Garbage facilities.
The owner of every dwelling shall supply one of the following: an approved mechanical food waste
grinder in each dwelling unit; an approved incinerator unit in the structure available to the occupants in
each dwelling unit; or an approved leakproof, covered, outside garbage container.
308.3.2 Containers.
The operator of every establishment producing garbage shall provide, and at all times cause to be
utilized, approved leakproof containers provided with close-fitting covers for the storage of such
materials until removed from the premises for disposal.
308.3.3 RENTAL GARBAGE FACILITIES. All rental property owners shall be responsible for providing
garbage pickup and water and sewer services.
SECTION 309 PEST ELIMINATION
309.1 Infestation.
All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents
are found shall be promptly exterminated by approved processes that will not be injurious to human health.
After pest elimination, proper precautions shall be taken to prevent reinfestation.
309.2 Owner.
The owner of any structure shall be responsible for pest elimination within the structure prior to renting or
leasing the structure.
309.3 Single occupant.
The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for
pest elimination on the premises.
309.4 Multiple occupancy.
The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a
nonresidential structure shall be responsible for pest elimination in the public or shared areas of the structure
and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area
occupied, the occupant and owner shall be responsible for pest elimination.
309.5 Occupant.
The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the
structure.
Exception:
Where the infestations are caused by defects in the structure, the owner shall be responsible for pest
elimination.
SECTION 310 OUTDOOR WOOD STORAGE.
310.1. General.
The following are conditions for outdoor wood storage.
310.1.1
Except for firewood and construction materials necessary for on-site work, no wood or wood product
shall be kept or stored upon a residential premises.
310.1.2
Firewood may be stored upon a residential premises solely for use on the premises and not for resale.
310.1.3
All firewood located upon a residential premises shall be stored as follow:
1. The firewood shall be cut/split to a uniform shape thirty (30) inches in length or less, stored
in neat, secure stacks, and prepared for use:
2. Each stack cannot exceed a cord of firewood. The height of a woodpile over three (3)feet
shall be no more than twice its width, but in no event shall the height exceed five (51 feet:
3. Firewood stacks must have at least ten (10)feet of space from each other:
4. The firewood shall not be in a deteriorating state;
5. No firewood shall be stored within three (3)feet of any side or five (5)feet of any rear
property line, except that if the wood is stored in an accessory structure the accessory
structure shall meet all zoning setback requirements: and
6. No firewood shall be stored in the front yard.
CHAPTER 4 — LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS
SECTION 401 GENERAL
401.1 Scope.
The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and
space for occupying a structure.
401.2 Responsibility.
The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance
with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy,
any premises that do not comply with the requirements of this chapter.
401.3 Alternative devices.
In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation
complying with the � aTMinnesota State Building Code shall be permitted.
SECTION 402 LIGHT
402.1 Habitable spaces.
Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a
court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such
room. Wherever walls or other portions of a structure face a window of any room and such obstructions are
located less than 3 feet (914 mm) from the window and extend to a level above that of the ceiling of the room,
such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as
contributing to the required minimum total window area for the room.
Exception:
Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining
room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of
the interior room or space, but a minimum of 25 square feet (2.33 m2). The exterior glazing area shall
be based on the total floor area being served.
402.2 Common halls and stairways.
Every common hall and stairway in residential occupancies, other than in one- and two-family dwellings, shall
be lighted at all times with at least a 60-watt standard incandescent light bulb for each 200 square feet (19 m2)
of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30
feet (9144 mm). In other than residential occupancies, means of egress, including exterior means of egress,
stairways shall be illuminated at all times the building space served by the means of egress is occupied with a
minimum of 1 footcandle (11 lux) at floors, landings and treads.
402.3 Other spaces.
All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of
sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and
403.1 Habitable spaces.
Every habitable space shall have at least one openable window. The total openable area of the window in
every room shall be equal to at least 45 percent of the minimum glazed area required in Section 402.1.
Exception:
Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room,
the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the
interior room or space, but a minimum of 25 square feet (2.33 M2). The ventilation openings to the
outdoors shall be based on a total floor area being ventilated.
403.2 Bathrooms and toilet rooms.
Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as
required by Section 403.1, except that a window shall not be required in such spaces equipped with a
mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet
room shall discharge to the outdoors and shall not be recirculated.
403.3 Cooking facilities.
Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or
dormitory unit, and a cooking facility or appliance shall not be permitted to be present in the rooming unit or
dormitory unit.
Exceptions:
1. Where specifically approved in writing by the code official.
2. Devices such as coffee pots and microwave ovens shall not be considered cooking appliances.
403.4 Process ventilation.
Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust
ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted
to the exterior and not be recirculated to any space.
403.5 Clothes dryer exhaust.
Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted outside the
structure in accordance with the manufacturer's instructions and with the Minnesota Mechanical Code.
Exception:
Listed and labeled condensing (ductless) clothes dryers.
SECTION 404 OCCUPANCY LIMITATIONS
404.1 Privacy.
Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide
privacy and be separate from other adjoining spaces.
404.2 Minimum room widths.
A habitable room, other than a kitchen, shall be a minimum of 7 feet (2134 mm) in any plan dimension.
Kitchens shall have a minimum clear passageway of 3 feet (914 mm) between counterfronts and appliances or
counterfronts and walls.
404.3 Minimum ceiling heights.
Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas
shall have a minimum clear ceiling height of 7 feet (2134 mm).
Exceptions:
1. In one- and two-family dwellings, beams or girders spaced a minimum of 4 feet (1219 mm) on center
and projecting a maximum of 6 inches (152 mm) below the required ceiling height.
2. Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or
recreation purposes, having a minimum ceiling height of 6 feet 8 inches (2033 mm) with a minimum
clear height of 6 feet 4 inches (1932 mm) under beams, girders, ducts and similar obstructions.
3. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over
all or part of the room, with a minimum clear ceiling height of 7 feet (2134 mm) over a minimum of
one-third of the required minimum floor area. In calculating the floor area of such rooms, only those
portions of the floor area with a minimum clear ceiling height of 5 feet (1524 mm) shall be included.
404.4 Bedroom and living room requirements.
Every bedroom and living room shall comply with the requirements of Sections 404.4.1 through 404.4.5.
404.4.1 Room area.
Every living room shall contain at least 120 square feet (11.2 mZ) and every bedroom shall contain a
minimum of 70 square feet (6.5 mZ) and every bedroom occupied by more than one person shall
contain a minimum of 50 square feet (4.6 mZ) of floor area for each occupant thereof.
404.4.2 Access from bedrooms.
Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and
shall not serve as the only means of egress from other habitable spaces.
Exception: Units that contain fewer than two bedrooms.
404.4.3 Water closet accessibility.
Every bedroom shall have access to at least one water closet and one lavatory without passing through
another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and
lavatory located in the same story as the bedroom or an adjacent story.
404.4.4 Prohibited occupancy.
Kitchens and nonhabitable spaces shall not be used for sleeping purposes.
404.4.5 Other requirements.
Bedrooms shall comply with the applicable provisions of this code including, but not limited to, the
light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing
facilities and water-heating facilities requirements of Chapter 5; the heating facilities and electrical
receptacle requirements of Chapter 6; and the smoke detector and emergency escape requirements of
Chapter 7.
404.5 Overcrowding.
Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of
Table 404.5.
TABLE 404.5 MINIMUM AREA REQUIREMENTS
MINIMUM AREA IN SQUARE FEET
1-2 3-5 6 or more
SPACE occupants occupants occupants
Living 120 120 150
rooma�b
Dining No 80 100
room a,b requiremen
t
Bedrooms Shall comply with Section 404.4.1
For SI: 1 square foot = 0.093 m2.
a. See Section 404.5.2 for combined living room/dining room spaces.
b. See Section 404.5.1 for limitations on determining the minimum occupancy area for sleeping purposes.
404.5.1 Sleeping area.
The minimum occupancy area required by Table 404.5 shall not be included as a sleeping area in
determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with
Section 404.4.
404.5.2 Combined spaces.
Combined living room and dining room spaces shall comply with the requirements of Table 404.5 if the
total area is equal to that required for separate rooms and if the space is located so as to function as a
combination living room/dining room.
404.6 Efficiency unit.
Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements:
1. A unit occupied by not more than one occupant shall have a minimum clear floor area of 120 square
feet (11.2 m2). A unit occupied by not more than two occupants shall have a minimum clear floor area
of 220 square feet (20.4 m2). A unit occupied by three occupants shall have a minimum clear floor area
of 320 square feet (29.7 m2). These required areas shall be exclusive of the areas required by Items 2
and 3.
2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each
having a minimum clear working space of 30 inches (762 mm) in front. Light and ventilation conforming
to this code shall be provided.
3. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub
or shower.
4. The maximum number of occupants shall be three.
404.7 Food preparation.
All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store,
prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary
disposal of food wastes and refuse, including facilities for temporary storage.
CHAPTER 5 — PLUMBING FACILITIES AND FIXTURE REQUIREMENTS
SECTION 501 GENERAL
501.1 Scope.
The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to
be provided.
501.2 Responsibility.
The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in
compliance with these requirements. A person shall not occupy as owner-occupant or permit another person
to occupy any structure or premises which does not comply with the requirements of this chapter.
SECTION 502 REQUIRED FACILITIES
[P] 502.1 Dwelling units.
Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall
be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the
water closet or located in close proximity to the door leading directly into the room in which such water closet
is located. A kitchen sink shall not be used as a substitute for the required lavatory.
[P] 502.2 Rooming houses.
At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units.
[P] 502.3 Hotels.
Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one
bathtub or shower having access from a public hallway shall be provided for each ten occupants.
[P] 502.4 Employees' facilities.
A minimum of one water closet, one lavatory and one drinking facility shall be available to employees.
[P] 502.4.1 Drinking facilities.
Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable cups
next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms.
[P] 502.5 Public toilet facilities.
Public toilet facilities shall be maintained in a safe sanitary and working condition in accordance with the
Minnesota State Plumbing Code. Except for periodic maintenance or cleaning, public access and
use shall be provided to the toilet facilities at all times during occupancy of the premises.
SECTION 503 TOILET ROOMS
[P] 503.1 Privacy.
Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or
other space, or to the exterior. A door and interior locking device shall be provided for all common or shared
bathrooms and toilet rooms in a multiple dwelling.
[P] 503.2 Location.
Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall
have access by traversing a maximum of one flight of stairs and shall have access from a common hall or
passageway.
[P] 503.3 Location of employee toilet facilities.
Toilet facilities shall have access from within the employees' working area. The required toilet facilities shall be
located a maximum of one story above or below the employees' working area and the path of travel to such
facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities
or combined employee and public facilities.
Exception:
Facilities that are required for employees in storage structures or kiosks, which are located in adjacent
structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet
(152 m) from the employees' regular working area to the facilities.
[P] 503.4 Floor surface.
In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent
surface to permit such floor to be easily kept in a clean and sanitary condition.
SECTION 504 PLUMBING SYSTEMS AND FIXTURES
[P] 504.1 General.
All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from
obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures
are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition.
[P] 504.2 Fixture clearances.
Plumbing fixtures shall have adequate clearances for usage and cleaning.
[P] 504.3 Plumbing system hazards.
Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure
by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation,
deterioration or damage or for similar reasons, the code official shall require the defects to be corrected to
eliminate the hazard.
SECTION 505 WATER SYSTEM
505.1 General.
Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be
properly connected to either a public water system or to an approved private water system. All kitchen sinks,
lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running
water in accordance with the ipteFnGtiepaiMinnesoto State Plumbing Code.
[P] 505.2 Contamination.
The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall
be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose
bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-
type vacuum breaker or an approved permanently attached hose connection vacuum breaker.
505.3 Supply.
The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures,
devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function
properly, safely, and free from defects and leaks.
505.4 Water heating facilities.
Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount
of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a minimum
temperature of 1107 (43'C). A gas-burning water heater shall not be located in any bathroom, toilet room,
bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An
approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly
installed and maintained on water heaters.
SECTION 506 SANITARY DRAINAGE SYSTEM
[P] 506.1 General.
All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private
sewage disposal system.
[P] 506.2 Maintenance.
Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions,
leaks and defects.
[P] 506.3 Grease interceptors.
Grease interceptors and automatic grease removal devices shall be maintained in accordance with this code
and the manufacturer's installation instructions. Grease interceptors and automatic grease removal devices
shall be regularly serviced and cleaned to prevent the discharge of oil, grease, and other substances harmful
or hazardous to the building drainage system, the public sewer, the private sewage disposal system or the
sewage treatment plant or processes. All records of maintenance, cleaning and repairs shall be available for
inspection by the code official.
SECTION 507 STORM DRAINAGE
[P] 507.1 General.
Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be
discharged in a manner that creates a public nuisance.
CHAPTER 6 — MECHANICAL AND ELECTRICAL REQUIREMENTS
SECTION 601 GENERAL
601.1 Scope.
The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to
be provided.
601.2 Responsibility.
The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in
compliance with these requirements. A person shall not occupy as owner-occupant or permit another person
to occupy any premises which does not comply with the requirements of this chapter.
SECTION 602 HEATING FACILITIES
602.1 Facilities required.
Heating facilities shall be provided in structures as required by this section.
602.2 Residential occupancies.
Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68'F (20'C) in
all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the
locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used, nor
shall portable unvented fuel-burning space heaters be used, as a means to provide required heating.
Exception:
In areas where the average monthly temperature is above 307 (-1'C), a minimum temperature of 657
(18°C) shall be maintained.
602.3 Heat supply.
Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units
on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the
period from InOctober 11' to [I)ATE]Ma)t to maintain a minimum temperature of 68'F (20'C) in all
habitable rooms, bathrooms and toilet rooms.
Exceptions:
1. When the outdoor temperature is below the winter outdoor design temperature for the locality,
maintenance of the minimum room temperature shall not be required provided that the heating
system is operating at its full design capacity. The winter outdoor design temperature for the locality
shall be as indicated in Appendix D of the International Plumbing Code.
2. In areas where the average monthly temperature is above 30'F (-1°C) a minimum temperature of
657 (18'C) shall be maintained.
602.4 Occupiable work spaces.
Indoor occupiable work spaces shall be supplied with heat during the period from rn�October 1St to
[DATE 1st to maintain a minimum temperature of 657 (18°C) during the period the spaces are occupied.
Exceptions:
1. Processing, storage and operation areas that require cooling or special temperature conditions.
2. Areas in which persons are primarily engaged in vigorous physical activities.
602.5 Room temperature measurement.
The required room temperatures shall be measured 3 feet (914 mm) above the floor near the center of the
room and 2 feet (610 mm) inward from the center of each exterior wall.
SECTION 603 MECHANICAL EQUIPMENT
603.1 Mechanical appliances.
All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating
appliances shall be properly installed and maintained in a safe working condition, and shall be capable of
performing the intended function.
603.2 Removal of combustion products.
All fuel-burning equipment and appliances shall be connected to an approved chimney or vent.
Exception:
Fuel-burning equipment and appliances which are labeled for unvented operation.
603.3 Clearances.
All required clearances to combustible materials shall be maintained.
603.4 Safety controls.
All safety controls for fuel-burning equipment shall be maintained in effective operation.
603.5 Combustion air.
A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning
equipment shall be provided for the fuel-burning equipment.
603.6 Energy conservation devices.
Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply
line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such
purpose and the installation is specifically approved.
SECTION 604 ELECTRICAL FACILITIES
604.1 Facilities required.
Every occupied building shall be provided with an electrical system in compliance with the requirements of
this section and Section 605.
604.2 Service.
The size and usage of appliances and equipment shall serve as a basis for determining the need for additional
facilities in accordance with NFPA 70. Dwelling units shall be served by a three-wire, 120/240 volt, single-
phase electrical service having a minimum rating of 60 amperes.
604.3 Electrical system hazards.
Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the
structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets,
improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require
the defects to be corrected to eliminate the hazard.
604.3.1 Abatement of electrical hazards associated with water exposure.
The provisions of this section shall govern the repair and replacement of electrical systems and
equipment that have been exposed to water.
604.3.1.1 Electrical equipment.
Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible
cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit breakers,
low-voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication
equipment that have been exposed to water shall be replaced in accordance with the provisions of the
inter-PGNePeMinnesota State Building Code.
Exception:
The following equipment shall be allowed to be repaired where an inspection report from the
equipment manufacturer or approved manufacturer's representative indicates that the
equipment has not sustained damage that requires replacement:
1. Enclosed switches, rated a maximum of 600 volts or less;
2. Busway, rated a maximum of 600 volts;
3. Panelboards, rated a maximum of 600 volts;
4. Switchboards, rated a maximum of 600 volts;
5. Fire pump controllers, rated a maximum of 600 volts;
6. Manual and magnetic motor controllers;
7. Motor control centers;
8. Alternating current high-voltage circuit breakers;
9. Low-voltage power circuit breakers;
10. Protective relays, meters and current transformers;
11. Low- and medium-voltage switchgear;
12. Liquid-filled transformers;
13. Cast-resin transformers;
14. Wire or cable that is suitable for wet locations and whose ends have not been
exposed to water;
15. Wire or cable, not containing fillers, that is suitable for wet locations and whose
ends have not been exposed to water;
16. Luminaires that are listed as submersible;
17. Motors;
18. Electronic control, signaling and communication equipment.
604.3.2 Abatement of electrical hazards associated with fire exposure.
The provisions of this section shall govern the repair and replacement of electrical systems and
equipment that have been exposed to fire.
604.3.2.1 Electrical equipment.
Electrical switches, receptacles and fixtures, including furnace, water heating, security system and
power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the
provisions of theMinnesota State Building Code.
Exception:
Electrical switches, receptacles and fixtures that shall be allowed to be repaired where an
inspection report from the equipment manufacturer or approved manufacturer's
representative indicates that the equipment has not sustained damage that requires
replacement.
SECTION 605 ELECTRICAL EQUIPMENT
605.1 Installation.
All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and
approved manner.
605.2 Receptacles.
Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every
laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit
interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall
have ground fault circuit interrupter protection. All receptacle outlets shall have the appropriate faceplate
cover for the location.
605.3 Luminaires.
Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace
room shall contain at least one electric luminaire. Pool and spa luminaries over 15 V shall have ground fault
circuit interrupter protection.
605.4 Wiring.
Flexible cords shall not be used for permanent wiring, or for running through doors, windows, or cabinets, or
concealed within walls, floors, or ceilings.
SECTION 606 ELEVATORS, ESCALATORS AND DUMBWAITERS
606.1 General.
Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17.1.17.1 and Chapter
1307 of the Minnesota State Building Code. The most current certificate of inspection shall be on display at all
times within the elevator or attached to the escalator or dumbwaiter, be available for public inspection in the
office of the building operator or be posted in a publicly conspicuous location approved by the code official.
The inspection and tests shall be performed at not less than the periodic intervals listed in ASME A17.1,
Appendix N, except where otherwise specified by the authority having jurisdiction.
606.2 Elevators.
In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all
times when the building is occupied.
Exception:
Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of
service for testing or servicing.
SECTION 607 DUCT SYSTEMS
607.1 General.
Duct systems shall be maintained free of obstructions and shall be capable of performing the required
function.
CHAPTER 7 — FIRE SAFETY REQUIREMENTS
SECTION 701 GENERAL
701.1 Scope.
The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to
structures and exterior premises, including fire safety facilities and equipment to be provided.
701.2 Responsibility.
The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance
with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy
any premises that do not comply with the requirements of this chapter.
SECTION 702 MEANS OF EGRESS
[F] 702.1 General.
A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure
to the public way. Means of egress shall comply with the Minnesota State Fire Code.
[F] 702.2 Aisles.
The required width of aisles in accordance with the inter-pGtieRGiMinnesoto State Fire Code shall be
unobstructed.
[F] 702.3 Locked doors.
All means of egress doors shall be readily openable from the side from which egress is to be made without the
need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by
the Minnesota State Building Code.
[F] 702.4 Emergency escape openings.
Required emergency escape openings shall be maintained in accordance with the code in effect at the time of
construction, and the following. Required emergency escape and rescue openings shall be operational from
the inside of the room without the use of keys or tools. Bars, grilles, grates or similar devices are permitted to
be placed over emergency escape and rescue openings provided the minimum net clear opening size complies
with the code that was in effect at the time of construction and such devices shall be releasable or removable
from the inside without the use of a key, tool or force greater than that which is required for normal operation
of the escape and rescue opening.
SECTION 703 FIRE-RESISTANCE RATINGS
[F] 703.1 Fire-resistance-rated assemblies.
The required fire-resistance rating of fire-resistance-rated walls, fire stops, shaft enclosures, partitions and
floors shall be maintained.
[F] 703.2 Opening protectives.
Required opening protectives shall be maintained in an operative condition. All fire and smokestop doors shall
be maintained in operable condition. Fire doors and smoke barrier doors shall not be blocked or obstructed or
otherwise made inoperable.
SECTION 704 FIRE PROTECTION SYSTEMS
[F] 704.1 General.
All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any
combination thereof shall be maintained in an operable condition at all times in accordance with the
Minnesota State Fire Code.
[F] 704.1.1 Automatic sprinkler systems.
Inspection, testing and maintenance of automatic sprinkler systems shall be in accordance with NFPA
25.
[F] 704.2 Smoke alarms.
Single- or multiple-station smoke alarms shall be installed and maintained in Group R or 1-1 occupancies,
regardless of occupant load at all of the following locations:
1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.
2. In each room used for sleeping purposes.
3. In each story within a dwelling unit, including basements and cellars but not including crawl spaces
and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door
between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent
lower level provided that the lower level is less than one full story below the upper level.
Single- or multiple-station smoke alarms shall be installed in other groups in accordance with the
Minnesota State Fire Code.
[F] 704.3 Power source.
In Group R or 1-1 occupancies, single-station smoke alarms shall receive their primary power from the building
wiring provided that such wiring is served from a commercial source and shall be equipped with a battery
backup. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a
disconnecting switch other than as required for overcurrent protection.
Exception:
Smoke alarms are permitted to be solely battery operated in buildings where no construction is taking
place, buildings that are not served from a commercial power source and in existing areas of buildings
undergoing alterations or repairs that do not result in the removal of interior wall or ceiling finishes
exposing the structure, unless there is an attic, crawl space or basement available which could provide
access for building wiring without the removal of interior finishes.
[F] 704.4 Interconnection.
Where more than one smoke alarm is required to be installed within an individual dwelling unit in Group R or
1-1 occupancies, the smoke alarms shall be interconnected in such a manner that the activation of one alarm
will activate all of the alarms in the individual unit. Physical interconnection of smoke alarms shall not be
required where listed wireless alarms are installed and all alarms sound upon activation of one alarm. The
alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed.
Exceptions:
1. Interconnection is not required in buildings which are not undergoing alterations, repairs or
construction of any kind.
2. Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do
not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an
attic, crawl space or basement available which could provide access for interconnection without the
removal of interior finishes.
SECTION 705 CARBON MONOXIDE ALARMS
705.1 General.
Carbon monoxide alarms shall be installed in accordance with Sections 299F.50-51 of the Minnesota Statutes.
CHAPTER 8— REFERENCED STANDARDS
This chapter lists the standards that are referenced in various sections of this document. The standards are
listed herein by the promulgating agency of the standard, the standard identification, the effective date and
title and the section or sections of this document that reference the standard.
American Society of Mechanical Engineers
Three Park Avenue
ASME New York, NY 10016-5990
Standard Referenced
reference in code
number Title section number
A17.1/CSA
B44— Safety Code for Elevators and Escalators 606.1
,072010
ASTM International
100 Barr Harbor Drive
ASTM West Conshohocken, PA 19428-2959
Standard Referenced
reference in code
number Title section number
Performance Specifications for Safety Covers
F 1346-91 and Labeling Requirements
(2003) for All Covers for Swimming Pools, Spas and
Hot Tubs 303.2
489 INeOV 1eFsey Ave R u e, 61
eeF
W.0 WaS ,TgteR, DC 220001
"Fe eFeRee &-tedQ
RAF T Ile.
!Bc--i2 BUildiRg 1C)2.3, 291.34()1�' :7()-)�
iEBr=a IRteFRatiORal EXiStiRg R„ildirR 85.1.1 x-1.1
CAde'
IFE—i2 !Rte RatieRal Fire Cade' ?02.1, :794.1,
704 2
!FGC_i2 Wprp;# ARal Fuel Gas Code'
ERc_i2 !Rte Rati, Ral PIuF: biRg Gede„ 201.3, 505.1, 602.2, r.m 3
mac !Rte FRati. Ral Resi.deRtial CAPIPL �01 R
National Fire Protection Association
1 Batterymarch Park
NFPA Quincy, MA 02269
Standard Referenced
reference in code
number Title section number
25-11 Inspection, Testing and Maintenance of 704.1.1
Water-Based Fire Protection Systems
70-11 National Electrical Code 102.4, 201.3, 604.2
Appendix A Boarding Standard
A101 GENERAL
A101.1 General.
All windows and doors shall be boarded in an approved manner to prevent entry by unauthorized persons and
shall be painted to correspond to the color of the existing structure.
Document comparison by Workshare Compare on Tuesday, June 02, 2015 6:13:35 PM
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Document 1 ID Powerpocs://DOCS/2137580/12
Description DOCS-#2137580-v12-Adoption_of_IPMC
Document 2 ID Powerpocs://DOCS/2137580/13
Description DOCS-#2137580-v13-Adoption_of_IPMC
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Total changes 159
2012- INTERNATIONAL PROPERTY MAINTENANCE CODE
CHAPTER 1-SCOPE AND ADMINISTRATION
PART 1 -SCOPE AND APPLICATION
SECTION 101 GENERAL
[A] 101.1 Title.
These regulations shall be known as the Golden Valley Property Maintenance Code hereinafter referred to as
"this code."
[A] 101.2 Scope.
The provisions of this code shall apply to all existing residential and nonresidential structures and all existing
premises and constitute minimum requirements and standards for premises, structures, equipment and
facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from
fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and
occupants; the occupancy of existing structures and premises, and for administration, enforcement and
penalties.
[A] 101.3 Intent.
This code shall be construed to secure its expressed intent, which is to ensure public health, safety and
welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises.
Existing structures and premises that do not comply with these provisions shall be altered or repaired to
provide a minimum level of health and safety as required herein.
[A] 101.4 Severability.
If a section, subsection, sentence, clause or phrase of this code is,for any reason, held to be unconstitutional,
such decision shall not affect the validity of the remaining portions of this code.
SECTION 102 APPLICABILITY
[A] 102.1 General.
Where there is a conflict between a general requirement and a specific requirement,the specific requirement
shall govern. Where differences occur between provisions of this code and the referenced standards, the
provisions of this code shall apply. Where, in a specific case, different sections of this code specify different
requirements,the most restrictive shall govern. When there is a conflict between this code and any other
section of the City Code,the more restrictive shall govern.
[A] 102.2 Maintenance.
Equipment, systems, devices and safeguards required by this code or a previous regulation or code under
which the structure or premises was constructed, altered or repaired shall be maintained in good working
order. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required
under this section to be removed from or shut off from or discontinued for any occupied dwelling, except for
such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this
code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and
devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent
shall be responsible for the maintenance of buildings, structures and premises.
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[A] 102.3 Application of other codes.
Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the
procedures and provisions of the Minnesota State Building Code, the Minnesota State Fire Code, the
Minnesota Plumbing Code, the Minnesota Residential Code, the Minnesota Fuel Gas Code, the Minnesota
Mechanical Code, the Minnesota Electrical Code, the Minnesota Residential Energy Code and the Minnesota
Commercial Energy Code. Nothing in this code shall be construed to cancel, modify or set aside any provision
of the City Zoning Code as set forth in Chapter 11 of the City Code.
[A] 102.4 Existing remedies.
The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or
its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and
insanitary.
[A] 102.5 Workmanship.
Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the
enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance
with the manufacturer's instructions.
[A] 102.6 Historic buildings.
The provisions of this code shall not be mandatory for existing buildings or structures designated as historic
buildings when such buildings or structures are judged by the code official to be safe and in the public interest
of health, safety and welfare.
[A] 102.7 Referenced codes and standards.
The codes and standards referenced in this code shall be those that are listed in the Minnesota State Building
Code, the Minnesota State Fire Code, the Minnesota Plumbing Code, the Minnesota Residential Code, the
Minnesota Fuel Gas Code, the Minnesota Mechanical Code, the Minnesota Electrical Code, the Minnesota
Residential Energy Code and the Minnesota Commercial Energy Code and considered part of the requirements
of this code to the prescribed extent of each such reference and as further regulated in Sections 102.7.1 and
102.7.2.
Exception: Where enforcement of a code provision would violate the conditions of the listing of the
equipment or appliance, the conditions of the listing shall apply.
[A] 102.7.1 Conflicts.
Where conflicts occur between provisions of this code and the referenced standards, the provisions of this
code shall apply.
[A] 102.7.2 Provisions in referenced codes and standards.
Where the extent of the reference to a referenced code or standard includes subject matter that is within
the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions
in the referenced code or standard.
[A] 102.8 Requirements not covered by code.
Requirements necessary for the strength, stability or proper operation of an existing fixture,structure or
equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be
determined by the code official.
2
[A] 102.9 Application of references.
References to chapter or section numbers, or to provisions not specifically identified by number, shall be
construed to refer to such chapter, section or provision of this code.
[A] 102.10 Other laws.
The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.
PART 2 -ADMINISTRATION AND ENFORCEMENT
SECTION 103 ADMINISTRATION OF THIS PROPERTY MAINTENANCE CODE
[A] 103.1 General.
The City Manager shall administer this code.
[A] 103.2 Appointment.
The City Manager or the City Manager's designee shall designate the code official responsible for the
administration and enforcement of this code.
[A] 103.3 Deputies.
In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing
authority, the code official shall have the authority to appoint a deputy(s). Such employees shall have powers
as delegated by the code official.
[A] 103.4 Liability.
The code official, administrative hearing officer or employee charged with the enforcement of this code, while
acting for the jurisdiction, in good faith and without malice in the discharge of the duties required by this code
or other pertinent law or ordinance, shall not thereby be rendered liable personally, and is hereby relieved
from all personal liability for any damage accruing to persons or property as a result of an act or by reason of
an act or omission in the discharge of official duties. Any suit instituted against any officer or employee
because of an act performed by that officer or employee in the lawful discharge of duties and under the
provisions of this code shall be defended by the legal representative of the jurisdiction until the final
termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action,
suit or proceeding that is instituted in pursuance of the provisions of this code.
[A] 103.5 Fees.
The fees for activities and services performed by the department in carrying out its responsibilities under this
code shall be as indicated in the following schedule: the City's Master Fee Schedule adopted by the City
Council from time to time.
SECTION 104 DUTIES AND POWERS OF THE CODE OFFICIAL
[A] 104.1 General.
The code official is hereby authorized and directed to enforce the provisions of this code. The code official
shall have the authority to render interpretations of this code and to adopt policies and procedures in order to
clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance
with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving
requirements specifically provided for in this code.
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[A] 104.2 Inspections.
The code official shall make all of the required inspections, or shall accept reports of inspection by approved
agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible
officer of such approved agency or by the responsible individual. The code official is authorized to engage such
expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval
of the appointing authority.
[A] 104.3 Right of entry.
Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code
official has reasonable cause to believe that there exists in a structure or upon a premises a condition in
violation of this code,the code official is authorized to enter the structure or premises at reasonable times to
inspect or perform the duties imposed by this code, provided that if such structure or premises is occupied the
code official shall present credentials to the occupant and request entry. If such structure or premises is
unoccupied, the code official shall first make a reasonable effort to locate the owner or other person having
charge or control of the structure or premises and request entry. If entry is refused,the code official shall have
recourse to the remedies provided by law to secure entry.
[A] 104.4 Identification.
The code official shall carry proper identification when inspecting structures or premises in the performance of
duties under this code.
[A] 104.5 Notices and orders.
The code official shall issue all necessary notices or orders to ensure compliance with this code.
[A] 104.6 Department records.
The code official shall keep official records of all business and activities of the department specified in the
provisions of this code. Such records shall be retained in the official records for the period required for
retention of public records.
SECTION 105 APPROVAL
[A] 105.1 Modifications.
Whenever there are practical difficulties involved in carrying out the provisions of this code,the code official
shall have the authority to grant modifications for individual cases upon application of the owner or owner's
representative, provided the code official shall first find that special individual reason makes the strict letter of
this code impractical and the modification is in compliance with the intent and purpose of this code and that
such modification does not lessen health, life and fire safety requirements. The details of action granting
modifications shall be recorded and entered in the department files.
[A] 105.2 Alternative materials, methods and equipment.
The provisions of this code are not intended to prevent the installation of any material or to prohibit any
method of construction not specifically prescribed by this code, provided that any such alternative has been
approved. An alternative material or method of construction shall be approved where the code official finds
that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that
the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in
this code in quality, strength, effectiveness, fire resistance, durability and safety.
4
[A] 105.3 Required testing.
Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a
material or method does not conform to the requirements of this code, or in order to substantiate claims for
alternative materials or methods,the code official shall have the authority to require tests to be made as
evidence of compliance at no expense to the jurisdiction.
[A] 105.3.1 Test methods.
Test methods shall be as specified in this code or by other recognized test standards. In the absence of
recognized and accepted test methods, the code official shall be permitted to approve appropriate testing
procedures performed by an approved agency.
[A] 105.3.2 Test reports.
Reports of tests shall be retained by the code official for the period required for retention of public
records.
[A] 105.4 Used material and equipment.
The use of used materials which meet the requirements of this code for new materials is permitted. Materials,
equipment and devices shall not be reused unless such elements are in good repair or have been
reconditioned and tested when necessary, placed in good and proper working condition and approved by the
code official.
[A] 105.5 Approved materials and equipment.
Materials, equipment and devices approved by the code official shall be constructed and installed in
accordance with such approval.
[A] 105.6 Research reports.
Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided
for in this code, shall consist of valid research reports from approved sources.
SECTION 106 VIOLATIONS
[A] 106.1 Unlawful acts.
It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the
provisions of this code.
[A] 106.2 Notice of violation.
The code official shall serve a notice of violation or order in accordance with Section 107.
[A] 106.3 Prosecution of violation.
Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be
deemed guilty of a misdemeanor or civil offense punishable by administrative citation in accordance with the
City Code, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied
with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate
such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation
of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the
authority having jurisdiction on such premises shall be charged against the real estate upon which the
structure is located and shall be a lien upon such real estate.
5
[A] 106.4 Violation penalties.
Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the
requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a
violation continues after due notice has been served shall be deemed a separate offense.
[A] 106.5 Abatement of violation.
The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from
instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a
building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building,
structure or premises.
SECTION 107 NOTICES AND ORDERS
[A] 107.1 Notice to person responsible.
Whenever the code official determines that there has been a violation of this code or has grounds to believe
that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the
person responsible for the violation as specified in this code. Notices for condemnation procedures shall also
comply with Section 108.3.
[A] 107.2 Form.
Such notice prescribed in Section 107.1 shall be in accordance with all of the following:
1. Be in writing.
2. Include a description of the real estate sufficient for identification.
3. Include a statement of the violation or violations and why the notice is being issued.
4. Include a correction order allowing a reasonable time to make the repairs and improvements
required to bring the dwelling unit or structure into compliance with the provisions of this code.
5. Inform the property owner of the right to appeal.
6. Include a statement of the right to file a lien in accordance with Section 106.3.
[A] 107.3 Method of service.
Such notice shall be deemed to be properly served if a copy thereof is:
1. Delivered personally;
2. Sent by certified or first-class mail addressed to the last known address; or
3. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in
a conspicuous place in or about the structure affected by such notice.
[A] 107.4 Unauthorized tampering.
Signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed or tampered with, or
removed without authorization from the code official.
[A] 107.5 Penalties.
Penalties for noncompliance with orders and notices shall be as set forth in Section 106.4.
6
[A] 107.6 Transfer of ownership.
It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or
upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of
such dwelling unit or structure to another until the provisions of the compliance order or notice of violation
have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a
true copy of any compliance order or notice of violation issued by the code official and shall furnish to the
code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee,
acknowledging the receipt of such compliance order or notice of violation and fully accepting the
responsibility without condition for making the corrections or repairs required by such compliance order or
notice of violation.
SECTION 108 UNSAFE STRUCTURES AND EQUIPMENT
[A] 108.1 General.
When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for
human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this
code.
[A] 108.1.1 Unsafe structures.
An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public
or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in
the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed,
dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or
complete collapse is possible.
[A] 108.1.2 Unsafe equipment.
Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or
device, flammable liquid containers or other equipment on the premises or within the structure which is in
such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public
or occupants of the premises or structure.
[A] 108.1.3 Structure unfit for human occupancy.
A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe,
unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary,
vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or
heating facilities or other essential equipment required by this code, or because the location of the
structure constitutes a hazard to the occupants of the structure or to the public.
[A] 108.1.4 Unlawful structure.
An unlawful structure is one found in whole or in part to be occupied by more persons than permitted
under this code, or was erected, altered or occupied contrary to law.
[A] 108.1.5 Dangerous structure or premises.
For the purpose of this code, any structure or premises that has any or all of the conditions or defects
described below shall be considered dangerous:
1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the
approved building or fire code of the jurisdiction as related to the requirements for existing
buildings.
7
2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped,
worn loose,torn or otherwise unsafe as to not provide safe and adequate means of egress.
3. Any portion of a building,structure or appurtenance that has been damaged by fire, earthquake,
wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an
extent that it is likely to partially or completely collapse, or to become detached or dislodged.
4. Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof
that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so
as to be capable of resisting natural or artificial loads of one and one-half the original designed
value.
5. The building or structure, or part of the building or structure, because of dilapidation,
deterioration, decay, faulty construction, the removal or movement of some portion of the ground
necessary for the support, or for any other reason, is likely to partially or completely collapse, or
some portion of the foundation or underpinning of the building or structure is likely to fail or give
way.
6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy.
7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to
become an attractive nuisance to children who might play in the building or structure to their
danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort
to the building or structure for committing a nuisance or an unlawful act.
8. Any building or structure has been constructed, exists or is maintained in violation of any specific
requirement or prohibition applicable to such building or structure provided by the approved
building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present
either a substantial risk of fire, building collapse or any other threat to life and safety.
9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate
maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light,
ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be
unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or
disease.
10. Any building or structure, because of a lack of sufficient or proper fire-resistance-rated
construction, fire protection systems, electrical system,fuel connections, mechanical system,
plumbing system or other cause, is determined by the code official to be a threat to life or health.
11. Any portion of a building remains on a site after the demolition or destruction of the building or
structure or whenever any building or structure is abandoned so as to constitute such building or
portion thereof as an attractive nuisance or hazard to the public.
[A] 108.2 Closing of vacant structures.
If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural
collapse, the code official is authorized to post a placard of condemnation on the premises and order the
structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises
within the time specified in the order, the code official shall cause the premises to be closed and secured
through any available public agency or by contract or arrangement by private persons and the cost thereof
shall be charged against the real estate upon which the structure is located and shall be a lien upon such real
estate and may be collected by any other legal resource.
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[A] 108.2.1 Authority to disconnect service utilities.
The code official shall have the authority to authorize disconnection of utility service to the building,
structure or system regulated by this code and the referenced codes and standards set forth in Section
102.7 in case of emergency where necessary to eliminate an immediate hazard to life or property or when
such utility connection has been made without approval. The code official shall notify the serving utility
and, whenever possible,the owner and occupant of the building, structure or service system of the
decision to disconnect prior to taking such action. If not notified prior to disconnection the owner or
occupant of the building structure or service system shall be notified in writing as soon as practical
thereafter.
[A] 108.3 Notice.
Whenever the code official has condemned a structure or equipment under the provisions of this section,
notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on
the owner or the person or persons responsible for the structure or equipment in accordance with Section
107.3. If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice
shall be in the form prescribed in Section 107.2.
[A] 108.4 Placarding.
Upon failure of the owner or person responsible to comply with the notice provisions within the time given,
the code official shall post on the premises or on defective equipment a placard bearing the word
"Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment
or removing the placard.
[A] 108.4.1 Placard removal.
The code official shall remove the condemnation placard whenever the defect or defects upon which the
condemnation and placarding action were based have been eliminated. Any person who defaces or
removes a condemnation placard without the approval of the code official shall be subject to the penalties
provided by this code.
[A] 108.5 Prohibited occupancy.
Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code
official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any
owner or any person responsible for the premises who shall let anyone occupy a placarded premises or
operate placarded equipment shall be liable for the penalties provided by this code.
[A] 108.6 Abatement methods.
The owner, operator or occupant of a building,premises or equipment deemed unsafe by the code official
shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation,
demolition or other approved corrective action.
[A] 108.7 Record.
The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of
the structure and the nature of the unsafe condition.
SECTION 109 EMERGENCY MEASURES
[A] 109.1 Imminent danger.
When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or
structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by
the occupation of the structure, or when there is actual or potential danger to the building occupants or those
9
in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic
fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby
authorized and empowered to order and require the occupants to vacate the premises forthwith.The code
official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure
Is Unsafe and Its Occupancy Has Been Prohibited by the Code official." It shall be unlawful for any person to
enter such structure except for the purpose of securing the structure, making the required repairs, removing
the hazardous condition or of demolishing the same.
[A] 109.2 Temporary safeguards.
Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent
danger due to an unsafe condition, the code official shall order the necessary work to be done, including the
boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein
described has been instituted; and shall cause such other action to be taken as the code official deems
necessary to meet such emergency.
[A] 109.3 Closing streets.
When necessary for public safety,the code official shall temporarily close structures and close, or order the
authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures,
and prohibit the same from being utilized.
[A] 109.4 Emergency repairs.
For the purposes of this section, the code official shall employ the necessary labor and materials to perform
the required work as expeditiously as possible.
[A] 109.5 Costs of emergency repairs.
Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the
jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is
or was located for the recovery of such costs.
[A] 109.6 Hearing.
Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person
shall thereafter, be entitled to an administrative hearing as set forth in Section 2.91 of the City Code.
SECTION 110 DEMOLITION
[A] 110.1 General.
The code official shall order the owner of any premises upon which is located any structure, which in the code
official judgment after review is so deteriorated or dilapidated or has become so out of repair as to be
dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is
unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of
being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or
to demolish and remove at the owner's option; or where there has been a cessation of normal construction of
any structure for a period of more than two years, the code official shall order the owner to demolish and
remove such structure, or board up until future repair. Boarding the building up for future repair shall not
extend beyond one year, unless approved by the building official.
[A] 110.2 Notices and orders.
All notices and orders shall comply with Section 107.
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[A] 110.3 Failure to comply.
If the owner of a premises fails to comply with a demolition order within the time prescribed,the code official
shall cause the structure to be demolished and removed, either through an available public agency or by
contract or arrangement with private persons, and the cost of such demolition and removal shall be charged
against the real estate upon which the structure is located and shall be a lien upon such real estate.
[A] 110.4 Salvage materials.
When any structure has been ordered demolished and removed, the governing body or other designated
officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable
materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such
demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the
items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a
court. If such a surplus does not remain to be turned over, the report shall so state.
SECTION 111 MEANS OF APPEAL
[A] 111.1 Application for appeal.
Any person directly affected by a decision of the code official or a notice or order issued under this code shall
have the right to appeal to a hearing officer in an administrative hearing as provided in Section 2.91 of the City
Code, provided that a written application for appeal is filed within 20 days after the day the decision, notice or
order was served. In the case of an appeal from a notice issued to vacate pending elimination of imminent
dangers, the appeal shall be heard as soon as possible after the time of filing. In the case of appeals from other
notices, the appeal shall be heard at such time as may be established under Section 2.91 of the City Code. An
application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted
thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the
requirements of this code are adequately satisfied by other means.
[A] 111.2 Stays of enforcement.
Appeals of notice and orders (other than Imminent danger notices) shall stay the enforcement of the notice
and order until the appeal is heard by the appeals board.
SECTION 112 STOP WORK ORDER
[A] 112.1 Authority.
Whenever the code official finds any work regulated by this code being performed in a manner contrary to the
provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work
order.
[A] 112.2 Issuance.
A stop work order shall be in writing and shall be given to the owner of the property, to the owner's agent, or
to the person doing the work. Upon issuance of a stop work order,the cited work shall immediately cease. The
stop work order shall state the reason for the order and the conditions under which the cited work is
authorized to resume.
[A] 112.3 Emergencies.
Where an emergency exists, the code official shall not be required to give a written notice prior to stopping
the work.
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[A] 112.4 Failure to comply.
Any person who shall continue any work after having been served with a stop work order, except such work as
that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine set forth
in the schedule referred to in Section 103.5 hereof.
CHAPTER 2- DEFINITIONS
SECTION 201 GENERAL
201.1 Scope.
Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings
shown in this chapter.
201.2 Interchangeability.
Words stated in the present tense include the future; words stated in the masculine gender include the
feminine and neuter; the singular number includes the plural and the plural, the singular.
201.3 Terms defined in other codes.
Where terms are not defined in this code and are defined in the Minnesota State Building Code, the Minnesota
State Fire Code, the Minnesota Plumbing Code, the Minnesota Residential Code, the Minnesota Fuel Gas Code,
the Minnesota Mechanical Code, the Minnesota Electrical Code, the Minnesota Residential Energy Code, the
Minnesota Commercial Energy Code and the City of Golden Valley City Code, such terms shall have the
meanings ascribed to them as stated in those codes.
201.4 Terms not defined.
Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily
accepted meanings such as the context implies.
201.5 Parts.
Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house," "rooming unit,"
"housekeeping unit" or "story" are stated in this code, they shall be construed as though they were followed
by the words "or any part thereof."
SECTION 202 GENERAL DEFINITIONS
ANCHORED. Secured in a manner that provides positive connection.
[A] APPROVED.Approved by the code official.
BASEMENT. That portion of a building which is partly or completely below grade.
BATHROOM. A room containing plumbing fixtures including a bathtub or shower.
BEDROOM. Any room or space used or intended to be used for sleeping purposes in either a dwelling or
sleeping unit.
[A] CODE OFFICIAL. The official who is charged with the administration and enforcement of this code, or any
duly authorized representative.
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CONDEMN. To adjudge unfit for occupancy.
CORD OF FIREWOOD. Means a unit of cut fuel wood, equal to one hundred twenty-eight (128) cubic feet in a
stack.
DETACHED. When a structural element is physically disconnected from another and that connection is
necessary to provide a positive connection.
DETERIORATION. To weaken, disintegrate, corrode, rust or decay and lose effectiveness.
[B] DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons,
including permanent provisions for living, sleeping, eating, cooking and sanitation.
[Z] EASEMENT.That portion of land or property reserved for present or future use by a person or agency
other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or
above a said lot or lots.
EQUIPMENT SUPPORT. Those structural members or assemblies of members or manufactured elements,
including braces, frames, lugs, snuggers, hangers or saddles, that transmit gravity load, lateral load and
operating load between the equipment and the structure.
EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners
or operators of such premises.
FIREWOOD. Wood or wood product used or intended for heating fuel in a dwelling or for recreational fire.
Painted or treated wood shall not be considered firewood.
GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption
of food.
[B] GUARD. A building component or a system of building components located at or near the open sides of
elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.
[B] HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms,
closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
HOUSEKEEPING UNIT. A room or group of rooms forming a single habitable space equipped and intended to
be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory
and bathtub or shower.
IMMINENT DANGER. A condition which could cause serious or life-threatening injury or death at any time.
INFESTATION.The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other
pests.
INOPERABLE MOTOR VEHICLE. A vehicle which cannot be driven upon the public streets for reason including
but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved
under its own power.
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[A] LABELED. Equipment, materials or products to which have been affixed a label, seal, symbol or other
identifying mark of a nationally recognized testing laboratory, inspection agency or other organization
concerned with product evaluation that maintains periodic inspection of the production of the above-labeled
items and whose labeling indicates either that the equipment, material or product meets identified standards
or has been tested and found suitable for a specified purpose.
LET FOR OCCUPANCY or LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit,
rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof,
pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded
agreement of contract for the sale of land.
NEGLECT.The lack of proper maintenance for a building or structure.
NEAT, SECURED STACK. Means a stack of firewood that is piled in a regular, orderly arrangement that is stable
and reasonably resistant to collapse.
[A] OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied.
OCCUPANT. Any individual living or sleeping in a building, or having possession of a space within a building.
OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and
which opens directly to the outdoors.
OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for
occupancy.
[A] OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the
property; or recorded in the official records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the guardian of the estate of any such person,
and the executor or administrator of the estate of such person if ordered to take possession of real property
by a court.
PERSON. An individual, corporation, partnership or any other group acting as a unit.
PEST ELIMINATION.The control and elimination of insects, rodents or other pests by eliminating their
harborage places; by removing or making inaccessible materials that serve as their food or water; by other
approved pest elimination methods.
[A] PREMISES. A lot, plot or parcel of land, easement or public way, including any structures thereon.
[A] PUBLIC WAY. Any street, alley or similar parcel of land essentially unobstructed from the ground to the
sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
RECYCLABLES. Means items of refuse designated by the Hennepin County Department of Environment and
Energy to be part of an authorized recycling program and which are intended for processing and
remanufacture or reuse.
ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and
not occupied as a one- or two-family dwelling.
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ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be
occupied for sleeping or living, but not for cooking purposes.
RUBBISH. Combustible and noncombustible waste materials, except garbage; the term shall include the
residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass,
discarded furniture (including unusable/unsafe outdoor furniture),-crockery and dust and other similar
materials.
[B] SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for
living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part
of a dwelling unit are not sleeping units.
STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove
criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was
prohibited, or failed to do an act which the defendant was legally required to do.
[A] STRUCTURE. That which is built or constructed or a portion thereof.
TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a
building or portion thereof as a unit.
TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower.
ULTIMATE DEFORMATION. The deformation at which failure occurs and which shall be deemed to occur if the
sustainable load reduces to 80 percent or less of the maximum strength.
[M] VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or
removing such air from, any space.
WORKMANLIKE. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and
without marring adjacent work.
[Z] YARD. An open space on the same lot with a structure.
YARD WASTE. Grass/lawn clippings, leaves, weeds, garden waste (tomato vines, carrot tops, cucumber vines,
etc.) soft bodied plants (flower and vegetable plants), hedge or tree trimmings and twigs (1/4 inch diameter
maximum), pine cones and needles.
CHAPTER 3-GENERAL REQUIREMENTS
SECTION 301 GENERAL
301.1 Scope.
The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for
maintenance of structures, equipment and exterior property.
301.2 Responsibility.
The owner of the premises shall maintain the structures and exterior property in compliance with these
requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or
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permit another person to occupy premises which are not in a sanitary and safe condition and which do not
comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit
are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit,
housekeeping unit or premises which they occupy and control.
301.3 Vacant structures and land.
All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and
sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public
health or safety.
SECTION 302 EXTERIOR PROPERTY AREAS
302.1 Sanitation.
All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant
shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary
condition.
302.2 Grading and drainage.
All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of
stagnant water thereon, or within any structure located thereon.
Exception:
Approved retention areas and reservoirs.
302.3 Sidewalks and driveways.
All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of
repair, and maintained free from hazardous conditions.
302.4 Weeds.
All premises and exterior property shall be maintained free from weeds or plant growth in excess of 8-inches.
All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation,
other than trees or shrubs provided; however,this term shall not include cultivated flowers and gardens.
Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a
notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by
the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized
employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the
property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be
paid by the owner or agent responsible for the property.
302.5 Rodent harborage.
All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents
are found, they shall be promptly exterminated by approved processes which will not be injurious to human
health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent
reinfestation.
302.6 Exhaust vents.
Pipes, ducts, conductors,fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors
or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of
another tenant.
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302.7 Accessory structures.
All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound
and in good repair.
302.8 Motor vehicles.
Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept
or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in
the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an
approved spray booth.
Exception:
A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such
work is performed inside a structure or similarly enclosed area designed and approved for such
purposes.
302.9 Defacement of property.
No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or
building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the
responsibility of the owner to restore said surface to an approved state of maintenance and repair.
SECTION 303 SWIMMING POOLS, SPAS AND HOT TUBS
303.1 Swimming pools.
Swimming pools shall be maintained in a clean and sanitary condition, and in good repair.
303.2 Enclosures.
Private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth shall be
completely surrounded by a fence or barrier at least 48 inches (1219 mm) in height above the finished ground
level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-
closing and self-latching. Where the self-latching device is a minimum of 54 inches (1372 mm) above the
bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-
latching gates shall be maintained such that the gate will positively close and latch when released from an
open position of 6 inches (152 mm)from the gatepost. No existing pool enclosure shall be removed, replaced
or changed in a manner that reduces its effectiveness as a safety barrier.
Exception:
Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the
provisions of this section.
SECTION 304 EXTERIOR STRUCTURE
304.1 General.
The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose
a threat to the public health, safety or welfare.
304.1.1 Unsafe conditions.
The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with
the Minnesota State Building Code as required for existing buildings:
1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or
the required strength;
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2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is
not capable of resisting all nominal loads or load effects;
3. Structures or components thereof that have reached their limit state;
4. Siding and masonry joints including joints between the building envelope and the perimeter of
windows, doors and skylights are not maintained,weather resistant or water tight;
5. Structural members that have evidence of deterioration or that are not capable of safely supporting
all nominal loads and load effects;
6. Foundation systems that are not firmly supported by footings, are not plumb and free from open
cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads
and resisting all load effects;
7. Exterior walls that are not anchored to supporting and supported elements or are not plumb and
free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not
capable of supporting all nominal loads and resisting all load effects;
8. Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate
drainage, or any portion of the roof framing that is not in good repair with signs of deterioration,
fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all
load effects;
9. Flooring and flooring components with defects that affect serviceability or flooring components
that show signs of deterioration or fatigue, are not properly anchored or are incapable of
supporting all nominal loads and resisting all load effects;
10. Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not
properly anchored or that are anchored with connections not capable of supporting all nominal
loads and resisting all load effects;
11. Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees,
signs, awnings,fire escapes, standpipes and exhaust ducts not properly anchored or that are
anchored with connections not capable of supporting all nominal loads and resisting all load
effects;
12. Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including
guards and handrails, are not structurally sound, not properly anchored or that are anchored with
connections not capable of supporting all nominal loads and resisting all load effects; or
13. Chimneys, cooling towers, smokestacks and similar appurtenances not structurally sound or not
properly anchored, or that are anchored with connections not capable of supporting all nominal
loads and resisting all load effects.
Exceptions:
1. When substantiated otherwise by an approved method.
2. Demolition of unsafe conditions shall be permitted when approved by the code official.
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304.2 Protective treatment.
All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim,
balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-
resistant woods, shall be protected from the elements and decay by painting or other protective covering or
treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and
masonry joints, as well as those between the building envelope and the perimeter of windows, doors and
skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion
shall be coated to inhibit such rust and corrosion, and all surfaces with rust or corrosion shall be stabilized and
coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces
designed for stabilization by oxidation are exempt from this requirement.
[F] 304.3 Premises identification.
Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the
street or road fronting the property. These numbers shall contrast with their background. Address numbers
shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) in height with
a minimum stroke width of 0.5 inch (12.7 mm). For buildings existing prior to the adoption of this code by the
City, the owner shall be responsible for providing building numbering in accordance with Section 4.06 of the
City Code until replacement of such numbers is required during a remodeling, residing, or rebuilding of the
exterior of the building, or in the event of loss or damage to some or all of such existing numbers.
304.4 Structural members.
All structural members shall be maintained free from deterioration, and shall be capable of safely supporting
the imposed dead and live loads.
304.5 Foundation walls.
All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such
condition so as to prevent the entry of rodents and other pests.
304.6 Exterior walls.
All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof
and properly surface coated where required to prevent deterioration.
304.7 Roofs and drainage.
The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be
adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains,
gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not
be discharged in a manner that creates a public nuisance.
304.8 Decorative features.
All cornices, belt courses, corbels,terra cotta trim, wall facings and similar decorative features shall be
maintained in good repair with proper anchorage and in a safe condition.
304.9 Overhang extensions.
All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes,
standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in
a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the
elements and against decay or rust by periodic application of weather-coating materials, such as paint or
similar surface treatment.
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304.10 Stairways, decks, porches and balconies.
Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained
structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
304.11 Chimneys and towers.
All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe
and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements
and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface
treatment.
304.12 Handrails and guards.
Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall
be maintained in good condition.
304.13 Window, skylight and door frames.
Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight.
304.13.1 Glazing.
All glazing materials shall be maintained free from cracks and holes.
304.13.2 Openable windows.
Every window, other than a fixed window, shall be easily openable and capable of being held in position by
window hardware.
304.14 Insect screens.
During the period from May 1St to October 1St, every door, window and other outside opening required for
ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be
included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be
supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every
screen door used for insect control shall have a self-closing device in good working condition.
Exception:
Screens shall not be required where other approved means, such as air curtains or insect repellent fans,
are employed.
304.15 Doors.
All exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good
condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on
means of egress doors shall be in accordance with Section 702.3.
304.16 Basement hatchways.
Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage
water.
304.17 Guards for basement windows.
Every basement window that is openable shall be supplied with rodent shields, storm windows or other
approved protection against the entry of rodents.
304.18 Building security.
Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with
devices designed to provide security for the occupants and property within.
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304.18.1 Doors.
Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let
shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is
to be made without the need for keys, special knowledge or effort and shall have a minimum lock throw of
1 inch (25 mm). Such deadbolt locks shall be installed according to the manufacturer's specifications and
maintained in good working order. For the purpose of this section, a sliding bolt shall not be considered an
acceptable deadbolt lock.
304.18.2 Windows.
Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a walking
surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented,
leased or let shall be equipped with a window sash locking device.
304.18.3 Basement hatchways.
Basement hatchways that provide access to a dwelling unit, rooming unit or housekeeping unit that is
rented, leased or let shall be equipped with devices that secure the units from unauthorized entry.
304.19 Gates.
All exterior gates, gate assemblies, operator systems if provided, and hardware shall be maintained in good
condition. Latches at all entrances shall tightly secure the gates.
SECTION 305 INTERIOR STRUCTURE
305.1 General.
The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in
a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean
and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a
dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean
and sanitary condition,the shared or public areas of the structure and exterior property.
305.1.1 Unsafe conditions.
The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with
the Minnesota State Building Code as required for existing buildings:
1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or
the required strength;
2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is
not capable of resisting all nominal loads or load effects;
3. Structures or components thereof that have reached their limit state;
4. Structural members are incapable of supporting nominal loads and load effects;
5. Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not
structurally sound, not properly anchored or are anchored with connections not capable of
supporting all nominal loads and resisting all load effects;
6. Foundation systems that are not firmly supported by footings are not plumb and free from open
cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads
and resisting all load effects.
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Exceptions:
1. When substantiated otherwise by an approved method.
2. Demolition of unsafe conditions shall be permitted when approved by the code official.
305.2 Structural members.
All structural members shall be maintained structurally sound, and be capable of supporting the imposed
loads.
305.3 Interior surfaces.
All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition.
Peeling, chipping,flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster,
decayed wood and other defective surface conditions shall be corrected.
305.4 Stairs and walking surfaces.
Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound
condition and good repair.
305.5 Handrails and guards.
Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall
be maintained in good condition.
305.6 Interior doors.
Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed
by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the
attachment hardware.
SECTION 306 COMPONENT SERVICEABILITY
306.1 General.
The components of a structure and equipment therein shall be maintained in good repair, structurally sound
and in a sanitary condition.
306.1.1 Unsafe conditions.
Where any of the following conditions cause the component or system to be beyond its limit state, the
component or system shall be determined as unsafe and shall be repaired or replaced to comply with the
Minnesota State Building Code as required for existing buildings:
1. Soils that have been subjected to any of the following conditions:
1.1. Collapse of footing or foundation system;
1.2. Damage to footing, foundation, concrete or other structural element due to soil expansion;
1.3. Adverse effects to the design strength of footing,foundation, concrete or other structural
element due to a chemical reaction from the soil;
1.4. Inadequate soil as determined by a geotechnical investigation;
1.5. Where the allowable bearing capacity of the soil is in doubt; or
1.6. Adverse effects to the footing, foundation, concrete or other structural element due to the
ground water table.
2. Concrete that has been subjected to any of the following conditions:
2.1. Deterioration;
2.2. Ultimate deformation;
2.3. Fractures;
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2.4. Fissures;
2.5. Spalling;
2.6. Exposed reinforcement; or
2.7. Detached, dislodged or failing connections.
3. Aluminum that has been subjected to any of the following conditions:
3.1. Deterioration;
3.2. Corrosion;
3.3. Elastic deformation;
3.4. Ultimate deformation;
3.5. Stress or strain cracks;
3.6. Joint fatigue; or
3.7. Detached, dislodged or failing connections.
4. Masonry that has been subjected to any of the following conditions:
4.1. Deterioration;
4.2. Ultimate deformation;
4.3. Fractures in masonry or mortar joints;
4.4. Fissures in masonry or mortar joints;
4.5. Spalling;
4.6. Exposed reinforcement; or
4.7. Detached, dislodged or failing connections.
5. Steel that has been subjected to any of the following conditions:
5.1. Deterioration;
5.2. Elastic deformation;
5.3. Ultimate deformation;
5.4. Metal fatigue; or
5.5. Detached, dislodged or failing connections.
6. Wood that has been subjected to any of the following conditions:
6.1. Ultimate deformation;
6.2. Deterioration;
6.3. Damage from insects, rodents and other vermin;
6.4. Fire damage beyond charring;
6.5. Significant splits and checks;
6.6. Horizontal shear cracks;
6.7. Vertical shear cracks;
6.8. Inadequate support;
6.9. Detached, dislodged or failing connections; or
6.10. Excessive cutting and notching.
Exceptions:
1. When substantiated otherwise by an approved method.
2. Demolition of unsafe conditions shall be permitted when approved by the code official.
SECTION 307 HANDRAILS AND GUARDRAILS
307.1 General.
Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the
stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is
more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less
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than 30 inches (762 mm) in height or more than 42 inches (1067 mm) in height measured vertically above the
nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than
30 inches (762 mm) in height above the floor of the landing, balcony, porch, deck, or ramp or other walking
surface.
Exception:
Guards shall not be required where exempted by the adopted building code.
SECTION 308 RUBBISH AND GARBAGE
308.1 Accumulation of rubbish or garbage.
All exterior property and premises, and the interior of every structure, shall be free from any accumulation of
rubbish, garbage, recyclables, and/or yard waste and disposed of in accordance with Section 10.40 of the City
Code.
308.2 Disposal of rubbish.
Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such
rubbish in approved containers.
308.2.1 Rubbish storage facilities.
The owner of every occupied premises shall supply approved covered containers for rubbish, and the
owner of the premises shall be responsible for the removal of rubbish.
308.2.2 Refrigerators.
Refrigerators and similar equipment not in operation shall not be discarded, abandoned or stored on
premises without first removing the doors.
308.3 Disposal of garbage.
Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage
in an approved garbage disposal facility or approved garbage containers.
308.3.1 Garbage facilities.
The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder
in each dwelling unit; an approved incinerator unit in the structure available to the occupants in each
dwelling unit; or an approved leakproof, covered, outside garbage container.
308.3.2 Containers.
The operator of every establishment producing garbage shall provide, and at all times cause to be utilized,
approved leakproof containers provided with close-fitting covers for the storage of such materials until
removed from the premises for disposal.
308.3.3 RENTAL GARBAGE FACILITIES. All rental property owners shall be responsible for providing
garbage pickup and water and sewer services.
SECTION 309 PEST ELIMINATION
309.1 Infestation.
All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents
are found shall be promptly exterminated by approved processes that will not be injurious to human health.
After pest elimination, proper precautions shall be taken to prevent reinfestation.
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309.2 Owner.
The owner of any structure shall be responsible for pest elimination within the structure prior to renting or
leasing the structure.
309.3 Single occupant.
The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for
pest elimination on the premises.
309.4 Multiple occupancy.
The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a
nonresidential structure shall be responsible for pest elimination in the public or shared areas of the structure
and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area
occupied, the occupant and owner shall be responsible for pest elimination.
309.5 Occupant.
The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the
structure.
Exception:
Where the infestations are caused by defects in the structure, the owner shall be responsible for pest
elimination.
SECTION 310 OUTDOOR WOOD STORAGE.
310.1. General.
The following are conditions for outdoor wood storage.
310.1.1
Except for firewood and construction materials necessary for on-site work, no wood or wood product shall
be kept or stored upon a residential premises.
310.1.2
Firewood may be stored upon a residential premises solely for use on the premises and not for resale.
310.1.3
All firewood located upon a residential premises shall be stored as follow:
1. The firewood shall be cut/split to a uniform shape thirty (30) inches in length or less, stored in neat,
secure stacks, and prepared for use;
2. Each stack cannot exceed a cord of firewood. The height of a woodpile over three (3) feet shall be
no more than twice its width, but in no event shall the height exceed five (5)feet;
3. Firewood stacks must have at least ten (10) feet of space from each other;
4. The firewood shall not be in a deteriorating state;
5. No firewood shall be stored within three (3) feet of any side or five (5)feet of any rear property
line, except that if the wood is stored in an accessory structure the accessory structure shall meet
all zoning setback requirements; and
6. No firewood shall be stored in the front yard.
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CHAPTER 4- LIGHT,VENTILATION AND OCCUPANCY LIMITATIONS
SECTION 401 GENERAL
401.1 Scope.
The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and
space for occupying a structure.
401.2 Responsibility.
The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance
with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy,
any premises that do not comply with the requirements of this chapter.
401.3 Alternative devices.
In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation
complying with the Minnesota State Building Code shall be permitted.
SECTION 402 LIGHT
402.1 Habitable spaces.
Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a
court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such
room. Wherever walls or other portions of a structure face a window of any room and such obstructions are
located less than 3 feet (914 mm)from the window and extend to a level above that of the ceiling of the room,
such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as
contributing to the required minimum total window area for the room.
Exception:
Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining
room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of
the interior room or space, but a minimum of 25 square feet (2.33 m2). The exterior glazing area shall
be based on the total floor area being served.
402.2 Common halls and stairways.
Every common hall and stairway in residential occupancies, other than in one- and two-family dwellings, shall
be lighted at all times with at least a 60-watt standard incandescent light bulb for each 200 square feet (19 m2)
of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30
feet (9144 mm). In other than residential occupancies, means of egress, including exterior means of egress,
stairways shall be illuminated at all times the building space served by the means of egress is occupied with a
minimum of 1 footcandle (11 lux) at floors, landings and treads.
402.3 Other spaces.
All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of
sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and
fixtures.
SECTION 403 VENTILATION
403.1 Habitable spaces.
Every habitable space shall have at least one openable window. The total openable area of the window in
every room shall be equal to at least 45 percent of the minimum glazed area required in Section 402.1.
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Exception:
Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room,
the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the
interior room or space, but a minimum of 25 square feet (2.33 mz). The ventilation openings to the
outdoors shall be based on a total floor area being ventilated.
403.2 Bathrooms and toilet rooms.
Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as
required by Section 403.1, except that a window shall not be required in such spaces equipped with a
mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet
room shall discharge to the outdoors and shall not be recirculated.
403.3 Cooking facilities.
Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or
dormitory unit, and a cooking facility or appliance shall not be permitted to be present in the rooming unit or
dormitory unit.
Exceptions:
1. Where specifically approved in writing by the code official.
2. Devices such as coffee pots and microwave ovens shall not be considered cooking appliances.
403.4 Process ventilation.
Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust
ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted
to the exterior and not be recirculated to any space.
403.5 Clothes dryer exhaust.
Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted outside the
structure in accordance with the manufacturer's instructions and with the Minnesota Mechanical Code.
Exception: Listed and labeled condensing(ductless) clothes dryers.
SECTION 404 OCCUPANCY LIMITATIONS
404.1 Privacy.
Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide
privacy and be separate from other adjoining spaces.
404.2 Minimum room widths.
A habitable room, other than a kitchen, shall be a minimum of 7 feet (2134 mm) in any plan dimension.
Kitchens shall have a minimum clear passageway of 3 feet (914 mm) between counterfronts and appliances or
counterfronts and walls.
404.3 Minimum ceiling heights.
Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas
shall have a minimum clear ceiling height of 7 feet (2134 mm).
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Exceptions:
1. In one- and two-family dwellings, beams or girders spaced a minimum of 4 feet (1219 mm) on
center and projecting a maximum of 6 inches (152 mm) below the required ceiling height.
2. Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or
recreation purposes, having a minimum ceiling height of 6 feet 8 inches (2033 mm) with a
minimum clear height of 6 feet 4 inches (1932 mm) under beams, girders, ducts and similar
obstructions.
3. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over
all or part of the room, with a minimum clear ceiling height of 7 feet (2134 mm) over a minimum of
one-third of the required minimum floor area. In calculating the floor area of such rooms, only
those portions of the floor area with a minimum clear ceiling height of 5 feet (1524 mm) shall be
included.
404.4 Bedroom and living room requirements.
Every bedroom and living room shall comply with the requirements of Sections 404.4.1 through 404.4.5.
404.4.1 Room area.
Every living room shall contain at least 120 square feet (11.2 m2) and every bedroom shall contain a
minimum of 70 square feet (6.5 m2) and every bedroom occupied by more than one person shall contain a
minimum of 50 square feet (4.6 m2) of floor area for each occupant thereof.
404.4.2 Access from bedrooms.
Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall
not serve as the only means of egress from other habitable spaces.
Exception: Units that contain fewer than two bedrooms.
404.4.3 Water closet accessibility.
Every bedroom shall have access to at least one water closet and one lavatory without passing through
another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and
lavatory located in the same story as the bedroom or an adjacent story.
404.4.4 Prohibited occupancy.
Kitchens and nonhabitable spaces shall not be used for sleeping purposes.
404.4.5 Other requirements.
Bedrooms shall comply with the applicable provisions of this code including, but not limited to, the light,
ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing facilities
and water-heating facilities requirements of Chapter 5; the heating facilities and electrical receptacle
requirements of Chapter 6; and the smoke detector and emergency escape requirements of Chapter 7.
404.5 Overcrowding.
Dwelling units shall not be occupied by more occupants than permitted by the minimum area
requirements of Table 404.5.
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TABLE 404.5 MINIMUM AREA REQUIREMENTS
MINIMUM AREA IN SQUARE FEET
1-2 occupants 3-5 6 or more
SPACE occupants occupants
Living 120 120 150
rooma,b
Dining No 80 100
room,,b requirement
Bedrooms Shall comply with Section 404.4.1
For SI: 1 square foot = 0.093 m2.
a. See Section 404.5.2 for combined living room/dining room spaces.
b. See Section 404.5.1 for limitations on determining the minimum occupancy area for sleeping purposes.
404.5.1 Sleeping area.
The minimum occupancy area required by Table 404.5 shall not be included as a sleeping area in
determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with
Section 404.4.
404.5.2 Combined spaces.
Combined living room and dining room spaces shall comply with the requirements of Table 404.5 if the
total area is equal to that required for separate rooms and if the space is located so as to function as a
combination living room/dining room.
404.6 Efficiency unit.
Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements:
1. A unit occupied by not more than one occupant shall have a minimum clear floor area of 120
square feet (11.2 m2). A unit occupied by not more than two occupants shall have a minimum clear
floor area of 220 square feet (20.4 m2). A unit occupied by three occupants shall have a minimum
clear floor area of 320 square feet (29.7 m2). These required areas shall be exclusive of the areas
required by Items 2 and 3.
2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each
having a minimum clear working space of 30 inches (762 mm) in front. Light and ventilation
conforming to this code shall be provided.
3. The unit shall be provided with a separate bathroom containing a water closet, lavatory and
bathtub or shower.
4. The maximum number of occupants shall be three.
404.7 Food preparation.
All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store,
prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary
disposal of food wastes and refuse, including facilities for temporary storage.
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CHAPTER 5- PLUMBING FACILITIES AND FIXTURE REQUIREMENTS
SECTION 501 GENERAL
501.1 Scope.
The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to
be provided.
501.2 Responsibility.
The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in
compliance with these requirements. A person shall not occupy as owner-occupant or permit another person
to occupy any structure or premises which does not comply with the requirements of this chapter.
SECTION 502 REQUIRED FACILITIES
[P] 502.1 Dwelling units.
Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall
be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the
water closet or located in close proximity to the door leading directly into the room in which such water closet
is located. A kitchen sink shall not be used as a substitute for the required lavatory.
[P] 502.2 Rooming houses.
At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units.
[P] 502.3 Hotels.
Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one
bathtub or shower having access from a public hallway shall be provided for each ten occupants.
[P] 502.4 Employees' facilities.
A minimum of one water closet, one lavatory and one drinking facility shall be available to employees.
[P] 502.4.1 Drinking facilities.
Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable cups next
to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms.
[P] 502.5 Public toilet facilities.
Public toilet facilities shall be maintained in a safe sanitary and working condition in accordance with the
Minnesota State Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be
provided to the toilet facilities at all times during occupancy of the premises.
SECTION 503 TOILET ROOMS
[P] 503.1 Privacy.
Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or
other space, or to the exterior. A door and interior locking device shall be provided for all common or shared
bathrooms and toilet rooms in a multiple dwelling.
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[P] 503.2 Location.
Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall
have access by traversing a maximum of one flight of stairs and shall have access from a common hall or
passageway.
[P] 503.3 Location of employee toilet facilities.
Toilet facilities shall have access from within the employees' working area. The required toilet facilities shall be
located a maximum of one story above or below the employees' working area and the path of travel to such
facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities
or combined employee and public facilities.
Exception:
Facilities that are required for employees in storage structures or kiosks, which are located in adjacent
structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet
(152 m)from the employees' regular working area to the facilities.
[P] 503.4 Floor surface.
In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent
surface to permit such floor to be easily kept in a clean and sanitary condition.
SECTION 504 PLUMBING SYSTEMS AND FIXTURES
[P] 504.1 General.
All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from
obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures
are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition.
[P] 504.2 Fixture clearances.
Plumbing fixtures shall have adequate clearances for usage and cleaning.
[P] 504.3 Plumbing system hazards.
Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure
by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation,
deterioration or damage or for similar reasons,the code official shall require the defects to be corrected to
eliminate the hazard.
SECTION 505 WATER SYSTEM
505.1 General.
Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be
properly connected to either a public water system or to an approved private water system. All kitchen sinks,
lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running
water in accordance with the Minnesota State Plumbing Code.
[P] 505.2 Contamination.
The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall
be located above the flood-level rim of the fixture. Shampoo basin faucets,janitor sink faucets and other hose
bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-
type vacuum breaker or an approved permanently attached hose connection vacuum breaker.
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505.3 Supply.
The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures,
devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function
properly, safely, and free from defects and leaks.
505.4 Water heating facilities.
Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount
of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a minimum
temperature of 110°F (430C). A gas-burning water heater shall not be located in any bathroom, toilet room,
bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An
approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly
installed and maintained on water heaters.
SECTION 506 SANITARY DRAINAGE SYSTEM
[P] 506.1 General.
All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private
sewage disposal system.
[P] 506.2 Maintenance.
Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions,
leaks and defects.
[P] 506.3 Grease interceptors.
Grease interceptors and automatic grease removal devices shall be maintained in accordance with this code
and the manufacturer's installation instructions. Grease interceptors and automatic grease removal devices
shall be regularly serviced and cleaned to prevent the discharge of oil, grease, and other substances harmful
or hazardous to the building drainage system,the public sewer,the private sewage disposal system or the
sewage treatment plant or processes. All records of maintenance, cleaning and repairs shall be available for
inspection by the code official.
SECTION 507 STORM DRAINAGE
[P] 507.1 General.
Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be
discharged in a manner that creates a public nuisance.
CHAPTER 6- MECHANICAL AND ELECTRICAL REQUIREMENTS
SECTION 601 GENERAL
601.1 Scope.
The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to
be provided.
32
601.2 Responsibility.
The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in
compliance with these requirements. A person shall not occupy as owner-occupant or permit another person
to occupy any premises which does not comply with the requirements of this chapter.
SECTION 602 HEATING FACILITIES
602.1 Facilities required.
Heating facilities shall be provided in structures as required by this section.
602.2 Residential occupancies.
Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in
all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the
locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used, nor
shall portable unvented fuel-burning space heaters be used, as a means to provide required heating.
Exception:
In areas where the average monthly temperature is above 30'F (-1*C), a minimum temperature of 65'F
(18'C) shall be maintained.
602.3 Heat supply.
Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units
on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the
period from October 1St to May 1St to maintain a minimum temperature of 68`F (20°C) in all habitable rooms,
bathrooms and toilet rooms.
Exceptions:
1. When the outdoor temperature is below the winter outdoor design temperature for the locality,
maintenance of the minimum room temperature shall not be required provided that the heating
system is operating at its full design capacity. The winter outdoor design temperature for the
locality shall be as indicated in Appendix D of the International Plumbing Code.
2. In areas where the average monthly temperature is above 30°F (-1'C) a minimum temperature of
65°F (18'C) shall be maintained.
602.4 Occupiable work spaces.
Indoor occupiable work spaces shall be supplied with heat during the period from October 1St to May 1st to
maintain a minimum temperature of 65'F (18'C) during the period the spaces are occupied.
Exceptions:
1. Processing, storage and operation areas that require cooling or special temperature conditions.
2. Areas in which persons are primarily engaged in vigorous physical activities.
602.5 Room temperature measurement.
The required room temperatures shall be measured 3 feet (914 mm) above the floor near the center of the
room and 2 feet (610 mm) inward from the center of each exterior wall.
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SECTION 603 MECHANICAL EQUIPMENT
603.1 Mechanical appliances.
All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating
appliances shall be properly installed and maintained in a safe working condition, and shall be capable of
performing the intended function.
603.2 Removal of combustion products.
All fuel-burning equipment and appliances shall be connected to an approved chimney or vent.
Exception:
Fuel-burning equipment and appliances which are labeled for unvented operation.
603.3 Clearances.
All required clearances to combustible materials shall be maintained.
603.4 Safety controls.
All safety controls for fuel-burning equipment shall be maintained in effective operation.
603.5 Combustion air.
A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning
equipment shall be provided for the fuel-burning equipment.
603.6 Energy conservation devices.
Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply
line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such
purpose and the installation is specifically approved.
SECTION 604 ELECTRICAL FACILITIES
604.1 Facilities required.
Every occupied building shall be provided with an electrical system in compliance with the requirements of
this section and Section 605.
604.2 Service.
The size and usage of appliances and equipment shall serve as a basis for determining the need for additional
facilities in accordance with NFPA 70. Dwelling units shall be served by a three-wire, 120/240 volt, single-
phase electrical service having a minimum rating of 60 amperes.
604.3 Electrical system hazards.
Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the
structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets,
improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require
the defects to be corrected to eliminate the hazard.
604.3.1 Abatement of electrical hazards associated with water exposure.
The provisions of this section shall govern the repair and replacement of electrical systems and equipment
that have been exposed to water.
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604.3.1.1 Electrical equipment.
Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable,flexible
cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit breakers, low-
voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment
that have been exposed to water shall be replaced in accordance with the provisions of the Minnesota
State Building Code.
Exception:
The following equipment shall be allowed to be repaired where an inspection report from the
equipment manufacturer or approved manufacturer's representative indicates that the equipment has
not sustained damage that requires replacement:
1. Enclosed switches, rated a maximum of 600 volts or less;
2. Busway, rated a maximum of 600 volts;
3. Panelboards, rated a maximum of 600 volts;
4. Switchboards, rated a maximum of 600 volts;
5. Fire pump controllers, rated a maximum of 600 volts;
6. Manual and magnetic motor controllers;
7. Motor control centers;
8. Alternating current high-voltage circuit breakers;
9. Low-voltage power circuit breakers;
10. Protective relays, meters and current transformers;
11. Low- and medium-voltage switchgear;
12. Liquid-filled transformers;
13. Cast-resin transformers;
14. Wire or cable that is suitable for wet locations and whose ends have not been exposed to
water;
15. Wire or cable, not containing fillers,that is suitable for wet locations and whose ends have not
been exposed to water;
16. Luminaires that are listed as submersible;
17. Motors;
18. Electronic control, signaling and communication equipment.
604.3.2 Abatement of electrical hazards associated with fire exposure.
The provisions of this section shall govern the repair and replacement of electrical systems and equipment
that have been exposed to fire.
604.3.2.1 Electrical equipment.
Electrical switches, receptacles and fixtures, including furnace, water heating, security system and power
distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of
the Minnesota State Building Code.
Exception:
Electrical switches, receptacles and fixtures that shall be allowed to be repaired where an inspection
report from the equipment manufacturer or approved manufacturer's representative indicates that
the equipment has not sustained damage that requires replacement.
SECTION 605 ELECTRICAL EQUIPMENT
35
605.1 Installation.
All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and
approved manner.
605.2 Receptacles.
Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every
laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit
interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall
have ground fault circuit interrupter protection. All receptacle outlets shall have the appropriate faceplate
cover for the location.
605.3 Luminaires.
Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace
room shall contain at least one electric luminaire. Pool and spa luminaries over 15 V shall have ground fault
circuit interrupter protection.
605.4 Wiring.
Flexible cords shall not be used for permanent wiring, or for running through doors, windows, or cabinets, or
concealed within walls,floors, or ceilings.
SECTION 606 ELEVATORS, ESCALATORS AND DUMBWAITERS
606.1 General.
Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A 17.1 and Chapter 1307
of the Minnesota State Building Code. The most current certificate of inspection shall be on display at all times
within the elevator or attached to the escalator or dumbwaiter, be available for public inspection in the office
of the building operator or be posted in a publicly conspicuous location approved by the code official. The
inspection and tests shall be performed at not less than the periodic intervals listed in ASME A17.1, Appendix
N, except where otherwise specified by the authority having jurisdiction.
606.2 Elevators.
In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all
times when the building is occupied.
Exception:
Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of
service for testing or servicing.
SECTION 607 DUCT SYSTEMS
607.1 General.
Duct systems shall be maintained free of obstructions and shall be capable of performing the required
function.
CHAPTER 7- FIRE SAFETY REQUIREMENTS
SECTION 701 GENERAL
36
701.1 Scope.
The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to
structures and exterior premises, including fire safety facilities and equipment to be provided.
701.2 Responsibility.
The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance
with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy
any premises that do not comply with the requirements of this chapter.
SECTION 702 MEANS OF EGRESS
[F] 702.1 General.
A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure
to the public way. Means of egress shall comply with the Minnesota State Fire Code.
[F] 702.2 Aisles.
The required width of aisles in accordance with the Minnesota State Fire Code shall be unobstructed.
[F] 702.3 Locked doors.
All means of egress doors shall be readily openable from the side from which egress is to be made without the
need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by
the Minnesota State Building Code.
[F] 702.4 Emergency escape openings.
Required emergency escape openings shall be maintained in accordance with the code in effect at the time of
construction, and the following. Required emergency escape and rescue openings shall be operational from
the inside of the room without the use of keys or tools. Bars, grilles, grates or similar devices are permitted to
be placed over emergency escape and rescue openings provided the minimum net clear opening size complies
with the code that was in effect at the time of construction and such devices shall be releasable or removable
from the inside without the use of a key, tool or force greater than that which is required for normal operation
of the escape and rescue opening.
SECTION 703 FIRE-RESISTANCE RATINGS
[F] 703.1 Fire-resistance-rated assemblies.
The required fire-resistance rating of fire-resistance-rated walls, fire stops, shaft enclosures, partitions and
floors shall be maintained.
[F] 703.2 Opening protectives.
Required opening protectives shall be maintained in an operative condition. All fire and smokestop doors shall
be maintained in operable condition. Fire doors and smoke barrier doors shall not be blocked or obstructed or
otherwise made inoperable.
SECTION 704 FIRE PROTECTION SYSTEMS
[F] 704.1 General.
All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any
combination thereof shall be maintained in an operable condition at all times in accordance with the
Minnesota State Fire Code.
37
[F] 704.1.1 Automatic sprinkler systems.
Inspection, testing and maintenance of automatic sprinkler systems shall be in accordance with NFPA 25.
[F] 704.2 Smoke alarms.
Single or multiple-station smoke alarms shall be installed and maintained in Group R or 1-1 occupancies,
regardless of occupant load at all of the following locations:
1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.
2. In each room used for sleeping purposes.
3. In each story within a dwelling unit, including basements and cellars but not including crawl spaces
and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening
door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the
adjacent lower level provided that the lower level is less than one full story below the upper level.
Single-or multiple-station smoke alarms shall be installed in other groups in accordance with the
Minnesota State Fire Code.
[F] 704.3 Power source.
In Group R or 1-1 occupancies, single-station smoke alarms shall receive their primary power from the building
wiring provided that such wiring is served from a commercial source and shall be equipped with a battery
backup. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a
disconnecting switch other than as required for overcurrent protection.
Exception:
Smoke alarms are permitted to be solely battery operated in buildings where no construction is taking
place, buildings that are not served from a commercial power source and in existing areas of buildings
undergoing alterations or repairs that do not result in the removal of interior wall or ceiling finishes
exposing the structure, unless there is an attic, crawl space or basement available which could provide
access for building wiring without the removal of interior finishes.
[F] 704.4 Interconnection.
Where more than one smoke alarm is required to be installed within an individual dwelling unit in Group R or
1-1 occupancies, the smoke alarms shall be interconnected in such a manner that the activation of one alarm
will activate all of the alarms in the individual unit. Physical interconnection of smoke alarms shall not be
required where listed wireless alarms are installed and all alarms sound upon activation of one alarm. The
alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed.
Exceptions:
1. Interconnection is not required in buildings which are not undergoing alterations, repairs or
construction of any kind.
2. Smoke alarms in existing areas are not required to be interconnected where alterations or repairs
do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is
an attic, crawl space or basement available which could provide access for interconnection without
the removal of interior finishes.
38
SECTION 705 CARBON MONOXIDE ALARMS
705.1 General.
Carbon monoxide alarms shall be installed in accordance with Sections 299F.50-51 of the Minnesota Statutes.
CHAPTER 8 - REFERENCED STANDARDS
This chapter lists the standards that are referenced in various sections of this document. The standards are
listed herein by the promulgating agency of the standard, the standard identification, the effective date and
title and the section or sections of this document that reference the standard.
American Society of Mechanical Engineers
Three Park Avenue
ASME New York, NY 10016-5990
Standard reference Referenced in code
number Title section number
A17.1/CSA B44-2010 Safety Code for Elevators and Escalators 606.1
ASTM International
ASTM 100 Barr Harbor Drive
West Conshohocken, PA 19428-2959
Standard reference Title Referenced in code
number section number
Performance Specifications for Safety Covers and
F 1346-91 (2003) Labeling Requirements for All Covers for
Swimming Pools, Spas and Hot Tubs 303.2
National Fire Protection Association
NFPA 1 Batterymarch Park
Quincy, MA 02269
Standard reference Title Referenced in code
number section number
25-11 Inspection, Testing and Maintenance of Water- 704.1.1
Based Fire Protection Systems
70-11 National Electrical Code 102.4, 201.3, 604.2
Appendix A Boarding Standard
A101 GENERAL
A101.1 General.
All windows and doors shall be boarded in an approved manner to prevent entry by unauthorized persons and
shall be painted to correspond to the color of the existing structure.
39
§ 4.60
Section 4.60:
Residential Property Maintenance Code
CrC
"RPMC") of Coldcn ValIcy.
- - - - - - - - - -, _ ty, and welfare oft- - - - - - - _ - - . _ . , -
•
dwellings or dwclling units.
Subdivision 3 Definitions
• - -- - A - - - - •- - - -
principal use or structurc cxccpt as providcd for essential scrviccs.
B. strati-ve Citation: An official notification of a violation of any provision of
this Section. Such citations rcquirc correction of the violation and may impose
slccping purposcs.
m.
all renters or owncrs of individual dwclling units within said structurc.
E. Ce Eia-iiee Order:: An official notification of violation of any provision of this
Section. Such ordcrs shall rcquirc corr- - - . . . . . - .. -
F G ireweed Means a unit of cut fucl wood, equal to one hundred twcnty
eight (128) cubic fcct in a stack.
C. Dwelling or Dwelling Unit: A singlc, sccurc dwclling spacc providing
- - _ - - . - ore persons, including perman
provisions for slccping, cating, cooking, and sanitation.
H. . Wood or wood product uscd or intcndcd for hcating fucl in a
- - - -
fircwood.
I. Habitable Room: Any room or cncloscd floor spacc for slccping or living
purposcs, cxcluding such closcd places as closcts, water closct compartmcnts,
common areas, attics, or spaccs uscd cxclusivcly for storage.
.
Golden Valley City Code Page 1 of 13
§ 4.60
K. Neat, See: we Stack. A stack of fircwood that is pilcd in a rcgular, ordcrly
L. Oeetrpant Any person living or slccping in a building, or having posscssions of a
a building.
- - - - -- • • - - -
prcdisposcd to or would bc ablc to livc, ncst, or scck shcltcr. In all instanccs, an
inscct shall bc considcrcd a pcst.
- - - •- -- - - .
- - -- •- - - - •- -- : -•- : -
P. Residential Activitics within land arcas uscd prcdominantly for housing.
Q. Water Cleset Cee}partnient: Any spacc containing a wash basin and a watcr
closct. It may also, but is not rcquircd to includc a bathtub, a showcr, or both.
hc/shc has acccss thcrcto.
B. With rcspcct to rcntal propertics:
and dcbris in all common arcas. The owncr and/or occupant shall be
privatc, sccurcd rcsidcnccs.
2. No person shall occupy any dwclling unit which docs not comply with the
minimum standards providcd in this Scction.
watcr and scwcr scrviccs.
D. No person shall occupy any dwclling unit which docs not comply with the
minimum standards providcd in this Scction.
standards:
Golden Valley City Code Page 2 of 13
§ 4.60
and kcpt frcc from dccay, dilapidation by cracks, tcars or brcaks from
dctcrioratcd plastcr, stucco, brick, wood, or othcr matcrial that is cxtcnsivc and
dctcrioration. Without limiting thc gcncrality of this Subdivision, a protcctivc
arcv including windows, trims, corniccs, railings, and othcr such arcas;
- -- -- • - - - -•-- - •out; or
through, chippcd away, brokcn, or damagcd, rcvcaling thc mctal lathc or any
B. Acccssory structurcs. Acccssory structurcs must bc structurally sound, sccurablc,
. - - - - - --- -- - - - -- - - - - - , - -- -
standards sct forth for principal structurcs in Subdivision 5.A.
C. Windows and cntrics. Windows, cxtcrior doors, and bascmcnt hatchways shall be
rcasonably wcathcr tight, watcrtight, rodcnt proof and sccurablc; and kcpt in
D. Guttcrs and downspouts. Existing guttcrs, lcadcrs and downspouts must be
watcr. In no casc may storm watcr bc channcicd into thc sanitary scwcr systcm.
E. Walks, drivcs, lawn stcps and stoops. Walks, drivcways, lawn stcps, and stoops
F. Landscaping rcquircmcnts. Landscaping maintcnancc on all parts of thc property
H. Rctaining Walls. All rctaining walls, or similar structurcs shall bc maintaincd in
good rcpair with proper anchoragc and in safc condition. It shall bc the
Golden Valley City Code Page 3 of 13
§ 4.60
•- - --- -- - - - • - - - - - - - - -
I. Signs. Thc owncr or occupant of any structurc or property shall bc responsible
- - - - - IV IP -
K. Sanitation. All cxtcrior property and prcmiscs shall bc maintained in a cican, safe
and sanitary condition. Thc occupant and/or owncr shall kccp that part of the
cxtcrior property which such occupant occupics or controls in a cican and
unitary condition.
L. Extcrior Construction. All cxtcrior construction shall bc completed within thc time
1. Projects up to a value of two hundred fifty thousand dollars ($250,000):
. _ _ . ... •
fiftccn (15) months.
—For purposes of this Subdivision "Value" sh =- - - - -- - - -- = - -
-- -
- -- - -- . - - - -
•: - -- •- :
- - - - - - - - - - - - - - - - -- - - - -
- - - - - - - - - - - - - - -- -- - -- --- -
- - -- - - - - - - - -- - - -- - - - -
(30) days prior to thc expiration date.
M. Property Idcntification. Thc owncr shall bc responsible for providing property
. _
- - - - - - - -- - - - - _
--
- - - - - - - -
Scction 11.72 of thc City Codc.
- - - - - - - - - - - - -structures including corniccs, bclt courscs, corbcls, tcrra cotta trim, wall facings,
Golden Valley City Code Page 4 of 13
§ 4.60
e. - - -
1. Exccpt for fircwood and construction materials necessary for on sitc work, no
wood or wood product shall bc kcpt or storcd upon a rcsidcntial prcmiscs.
2. Fircwood may bc storcd upon a rcsidcntial prcmiscs solely for usc on the
prcmiscs and not for resale.
3. All fircwood locatcd upon a rcsidcntial prcmiscs shall bc storcd as follows:
length or lcss, storcd in ncat, sccurc stacks, and prcparcd for usc;
b. Each stack cannot cxcccd a cord of fircwood. The height of a woodpile
rcquircmcnts;
f. No fircwood shall bc storcd in the front yard.
(30) days of notification.
minimum cxtcrior standards:
lock shall bc maintained in good rcpair.
C. Extcrior lighting. All circulation and parking areas of any structurc shall be
- - --- -- •- -
-- - - -
watcr and scwcr scrviccs.
Golden Valley City Code Page 5 of 13
§ 4.60
minimum intcrior standards:
in good rcpair. Floors shall bc free of any loosc, warped, protruding or rotted
in-atcrials. Intcrior walls and ccilings shall b- -- . . - . . - . , :. -
plastcr, and blistcrcd paint, and shall bc kcpt in good rcpair.
B. Stairs. Evcry stairway shall bc kcpt in a safc condition and in good rcpair. Evcry
- - - - . - - . . . . - d. A stairway a n: • - --- -- . - . - -
C. Intcrior doors. Evcry intcrior door shall fit reasonably well within its framc and
shall bc capable of bcing opcncd and closcd by bcing properly and sccurcly
ottachmcnt hardware.
D. Bcdroom rcquircmcnts. Evcry bcdroom shall contain at (cast scvcnty (70) square
- -- - - --- -- - - - - - - - - -
onothcr bcdroom.
E. Kitchcn rcquircmcnts. A kitchcn in . .• _ . •- . . - -
1. An operable sink conncctcd to thc public water and public scwcr systcm and
cquipmcnt, and dining utcnsils. Such cabincts and shclvcs shall be
maintained in good rcpair; and
3. Countcrtops madc of an impervious, cleanable surface; and
'I. A kitchcn range and refrigerator, properly installed in a stationary manner for
. , . - "-- . . . 'en. In no instanc . . - -- - - - .
GtOvC.
- - - - -
-- - --- - - - - - -- - - - - - - - - - - - --
kcy or any special knowlcdgc or cffcct.
C. Pcst and Rodcnt Control. It shall bc thc responsibility of thc occupant to prcvcnt
Golden Valley City Code Page 6 of 13
§ 4.60
mcchanical standards:
- - --
thc window.
B. Watcr systcm.
1. Evcry dwclling unit shall contain its own bathtub or showcr, lavatory, watcr
- , . - : • - -- •- - -- .intaincd in a sanitary, safc worki-n-g
condition. Evcry such bathtub, showcr, lavatory, watcr closct, and kitchcn
sink shall bc conncctcd to a public watcr and public scwcr systcm.
2. Watcr hcating facilitics shall bc properly installcd, maintaincd and capablc of
lavatory, bathtub, showcr and laundry facility at a tcmperaturc of not IcsJ
C. Hcating systcm. In all dwclling units, hcating facilitics shall rcmain in operation
- - - - --- - - - - - - - - - - - - -- -
-- - -- - - - - - - - - - -
givcn priority by the owncr of any such unit.
D. Elcctricity and Light.
- - - - - - - -- - -- - -- - - - - -
- - - - - - -- - - - -- - - - - - - --
outicts. Any cicctric outict within fivc (5) fcct of a watcr sourcc or outict shall
with a ground fault circuit intcrruptcr.
E. Elcvators. In buildings cquippcd with passcngcr cicvators, at (cast one cicvator
Golden Valley City Code Page 7 of 13
§ 4.60
period cxcccding cight (8) hours.
- - - - - - - - - - -- - -- - - -
•
- • - - - -
- - - -- .
- - - - - - - - - - -- - - - -- - - -
covcrcd by this Scction conforms to thc provisions of this Scction, thc City Code
•- - - - - ,4•- - -
•
• - • • • - - - - -- • - - - • - - - - -- • -artmcnt. The applica- . . - - - - .
. - -, _ .. - , . . - :nc numbcr of th- - .• _ - - ; ._ - - - _
- - -- - - - -- - - - -- - - --
2Namc, address, and tcicphonc nu - - - - - - .. . . - -
information
-information providcd.
- - - - - - - - --- - --- - - - - -- - - -- - -
- - - - - -- - - - - - - - - - -- - - -
financial institution holding mortgagc).
Golden Valley City Code Page 8 of 13
§ 4.60
'I. Lcgal dcscription and address of dwclling.
bcdroom, two (2) bcdroom, ctc.) within cach of such dwcllings.
parking spaccs, cxtcrior parking spaccs, and handicap parking spaccs).
- - - - - - -
bc proccsscd.
- - - - - - -
residcnt agcnt.
- - • „ - - - • -- - - -
- - - - - - - - - - -- - -- •--
- - - - - - - - -- - - -- - - --- -- - - - - - - - --
or othcr person in chargc of a rcntal dwclling fails or rcfuscs to permit frcc
-- - - - - - - - - - - - - - - - - - -
owncr or property with thc costs thcrcof.
*G. No operating liccnsc shall bc transfcrablc to anothcr person or to anothcr rcntal
. -- - - • „ -•
H. Liccnsc Suspcnsion or Rcvocation.
1. Notification. Prior to suspcnsion or rcvocation, thc liccnscc (or his/hcr
dcsignatcd agcnt) and all occupants of units potcntially subjcct to suspcnsion
or rcvocation, shall bc notificd in writing thcrcof by personal scrvicc or first
• - - - - - -
Golden Valley City Code Page 9 of 13
§ 4.60
- - - - - - - -- - -- - - - - - - - -
and occupant's duc proccss rights, including:
a
b. Making a complctc rccord of all procccdings, including findings of fact and
conclusions of law.
-- - -
- - - - - - - -- - - • - • -- - - - - - - -
. . . - . -- _ _ nits, by thc City _ . • , _ _ . - - • -- --
- - - "•-
-
A•- - -
rcasons:
- - • -- - _ . . . • --• prcscntation of matcrial facts, by fraud,
by dcccit, or by bad faith.
thc application.
a scrious dangcr to thc public hcalth, safcty, or wclfarc.
hcalth, morals, comfort, or rcposc of any mcmbcr of thc public.
I. `"'wee; airy dwelling u+t h-as been dcnicd a liccnsc, has had its operating
occupancy. No person, othcr than thc City Managcr or his/hcr dcsigncc, shall
-- - - - • „ -•
- -
- - - - -
- - - - - - - - - -- - - - - - - - -
occupancy.
J. If it is dctcrmincd that a rcntal dwclling unit is bcing operatcd without a valid
owncr, dcsignatcd agcnt or operator, aftcr noticc scnt first class mail, to
Golden Valley City Code Page 10 of 13
§ 4.60
continuc operation of a rcntal dwclling unit without submitting an application for
. - - • - -- - .- -, • shall be unlawfu - - . - ,
authorizcd agcnt, to permit any new occupancics of vacant, or thcrcaftcr
Subdivision
i En forccmcnt
A - - • u -• - - • -- -- - • - - • k4
all rcsidcntial propertics.
-- . - - - , -, - - .• . u-n+t o-ut of c -ce w4h enc of
- - - - - . . 1/ - - „ - - - • --
- - - - - - - - - - - - - -
occupant, operator, or agcnt to addrcss such violations by cithcr corrccting thcm
- - - - - - -- - - - - - - - • - - -
his/hcr dcsigncc. This compliancc ordcr shall:
1. Bc in writing;
- - - - -
- - - - - - - - - - - - - -
a�
A . _ - . . .. - - . r or his/hcr agcnt. No • - - - = ---- -= - =-
a. Scrvcd upon him/hcr personally;
b. Scnt by rcgular mail to his/hcr last known addrcss; or
c. Upon failurc to cffcct noticc through a and b as sct out in this Subdivision,
- - - - - - -- • -- - - - - - -- - -- •- -
- - • : -- : •. - - - - - • k4
D. In cmcrgcncy situations whcrc an immincnt thrcat to the hcalth, safcty, or
- - - • - -• - - - •
Golden Valley City Code Page 11 of 13
§ 4.60
A. Administrativc citations.
- - - --- - --- - - - - - - --
asscsscd through an administrativc citation according to thc enforcement
- - - e _ _ . . 1, - -
- - -- - -- -- - - - -- - - - -
to thc City.
a misdcmcvnor violation undcr Statc law.
- - - - - - --- - --- -
the City.
'I. Any administrativc pcnalty or pcnaltics paid pursuant to thc RPMC shall be
issuancc.
B. Contcnt. All administrativc citations shall contain thc following:
1. The date of thc violation;
occurrcd;
citcd;
- - - --- - --- -- - -
must be paid;
7. A bricf dcscription of thc appeal proccss;
C. Rccovcry of administrativc pcnalty or pcnaltics resulting from administrative
citation. Property owncrs shall be notified ycarly by U.S. Mail of any outstanding
property. Thirty (30) days after mailing such letter, thc Clcrk shall filc any
Golden Valley City Code Page 12 of 13
§ 4.60
additional rcmcdy and not in licu of any othcr penalty providcd for in City Code
or statc law.
D. Failurc to pay administrativc citation.
All Residential Property Owncrs. Failurc to pay any administrativc citation
shall constitutc grounds for suspcnding or rcvoking any license or permit hcld
by thc offenders.
. „ . . - e - = : . - . . . to pay an administrativc citati
A. Right of appeal. Any person aggrieved by a compliancc ordcr or administrative
within tcn (10) busincss days after scrvicc of thc compliancc ordcr or
penalties.
administrativc citation, or any portion thcrcof, should not be issued. The Council
may rcvcrsc, modify, or affirm, in wholc or in part, thc administrativc ordcr or
- - - -- • • -- - - -
to do so.
- - - - - -- - - - - - - - -
nor its Council, agents, or employees warrant or guaranty thc safcty, fitncss or
person is a misdcmcanor. Owncrs or occupants should take whatever stcps thcy dccm
appropriate to protcct thcir intcrcsts, hcalth, safcty and welfare. In thc case of liccnscd
the face of the license:
Golden Valley City Code Page 13 of 13
§ 4.60
Section 4.6o: International Property
Maintenance Code Adopted
Subdivision 1. Code Adopted
The International Property Maintenance Code, 2012 Edition, ("IPMC") published by
the International Code Council, Inc., is hereby adopted by reference for the City as
modified and amended by Subdivisions 2 below. The IPMC, as modified and
amended by Subdivisions 2 below, shall be considered a part of this Section as if
set out in full herein and shall be referred to as the Golden Valley Property
Maintenance Code.
Subdivision 2. Amendments to the IPMC
The IPMC adopted by reference in Subdivision 1 is hereby amended in the following
respects for application within the City:
(a) Section 101.1. This Section is revised in its entirety to read as follows:
"These regulations shall be known as the Golden Valley Property Maintenance
Code, hereinafter referred to as "this code."
(b) Section 102.1. The following sentence is added at the end of this Section.
"When there is a conflict between this code and any other section of the City
Code, the more restrictive shall govern."
(c) Section 102.3. In the first sentence, the terms: "International Building Code,
International Energy Conservation Code, International Fire Code,
International Fuel Gas Code, International Mechanical Code, International
Residential Code, International Plumbing Code and NFPA 70" are deleted and
replaced with "Minnesota State Building Code, the Minnesota State Fire Code,
the Minnesota Plumbing Code, the Minnesota Residential Code, the Minnesota
Fuel Gas Code, the Minnesota Mechanical Code, the Minnesota Electrical
Code, the Minnesota Residential Energy Code and the Minnesota Commercial
Energy Code". In the second sentence the term "International Zoning Code"
is deleted and replaced with "City Zoning Code as set forth in Chapter 11 of
the City Code".
(d) Section 102.7. This first sentence of this Section is revised in its entirety to
read as follows: "The codes and standards referenced in this code shall be
those that are listed in the Minnesota State Building Code, the Minnesota
State Fire Code, the Minnesota Plumbing Code, the Minnesota Residential
Code, the Minnesota Fuel Gas Code, the Minnesota Mechanical Code, the
Minnesota Electrical Code, the Minnesota Residential Energy Code and the
Minnesota Commercial Energy Code and considered part of the requirements
of this code to the prescribed extent of each such reference and as further
regulated in Sections 102.7.1 and 102.7.2."
Golden Valley City Code Page 1 of 6
§ 4.60
(e) Section 103. The title of this Section is revised in its entirety to read as
follows: "Administration of this Property Maintenance Code."
(f) Section 103.1. This Section is revised in its entirety to read as follows: "The
City Manager shall administer this code."
(g) Section 103.2. This Section is revised in its entirety to read as follows: "The
City Manager or the City Manager's designee shall designate the code official
responsible for the administration and enforcement of this code."
(h) Section 103.4 The term "member of the board of appeals" is deleted and
replaced with the term "administrative hearing officer."
(i) Section 103.5. This Section is revised to add at the end of the existing
language: "the City's master fee schedule adopted by the City Council from
time to time."
(j) Section 106.3. This first sentence of this Section is revised in its entirety to
read as follows: "Any person failing to comply with a notice of violation or
order served in accordance with Section 107 shall be deemed guilty of a
misdemeanor or a civil offense punishable by administrative citation in
accordance with the City Code, and the violation shall be deemed a strict
liability offense."
(k) Section 109.6. The second sentence of this Section is revised in its entirety
to read as follows: "Any affected person shall thereafter, be entitled to an
administrative hearing as set forth in Section 2.91 of the City Code."
(I) Section 111.1. This Section is revised in its entirety to read as follows: "Any
person directly affected by a decision of the code official or a notice or order
issued under this code shall have the right to appeal to a hearing officer in an
administrative hearing as provided in Section 2.91 of the City Code, provided
that a written application for appeal is filed within 20 days after the day the
decision, notice or order was served. In the case of an appeal from a notice
issued to vacate pending elimination of imminent dangers, the appeal shall
be heard as soon as possible after the time of filing. In the case of appeals
from other notices, the appeal shall be heard at such time as may be
established under Section 2.91 of the City Code. An application for appeal
shall be based on a claim that the true intent of this code or the rules
legally adopted thereunder have been incorrectly interpreted, the
provisions of this code do not fully apply, or the requirements of this
code are adequately satisfied by other means."
(m) Sections 111.2 through Section 111.7, inclusive, are deleted in their
entirety.
Golden Valley City Code Page 2 of 6
§ 4.60
(n) Section 112.4. This Section is revised in its entirety to read as follows:
"Any person who shall continue any work after having been served
with a stop work order, except such work as that person is directed to
perform to remove a violation or unsafe condition, shall be liable to a
fine set forth in the schedule referred to in Section 103.5 hereof."
(o) Section 201.3. This Section is revised in its entirety to read as follows:
"Where terms are not defined in this code and are defined in the Minnesota
State Building Code, the Minnesota State Fire Code, the Minnesota Plumbing
Code, the Minnesota Residential Code, the Minnesota Fuel Gas Code, the
Minnesota Mechanical Code, the Minnesota Electrical Code, the Minnesota
Residential Energy Code, the Minnesota Commercial Energy Code and the
City of Golden Valley City Code, such terms shall have the meanings ascribed
to them as stated in those codes."
(p) Section 202. The following definition is added: "CORD OF FIREWOOD.
Means a unit of cut fuel wood, equal to one hundred twenty-eight (128) cubic
feet in a stack."
(q) Section 202. The following definition is added: "FIREWOOD. Wood or wood
product used or intended for heating fuel in a dwelling or for recreational fire.
Painted or treated wood shall not be considered firewood."
(r) Section 202. The following definition is added: "NEAT, SECURED STACK.
Means a stack of firewood that is piled in a regular, orderly arrangement that
is stable and reasonably resistant to collapse."
(s) Section 202. The following definition is added: "RECYCLABLES. Means items
of refuse designated by the Hennepin County Department of Environment
and Energy to be part of an authorized recycling program and which are
intended for processing and remanufacture or reuse."
(t) Section 202. The definition of"Rubbish" is revised in its entirety to read:
"Combustible and noncombustible waste materials, except garbage; the term
shall include the residue from the burning of wood, coal, coke and other
combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber,
leather, tree branches, yard trimmings, tin cans, metals, mineral matter,
glass, discarded furniture (including unusable/unsafe outdoor furniture),
crockery and dust and other similar materials."
(u) Section 202. The following definition is added: "YARD WASTE. Grass/lawn
clippings, leaves, weeds, garden waste (tomato vines, carrot tops, cucumber
vines, etc.) soft bodied plants (flower and vegetable plants), hedge or tree
trimmings and twigs (1/4 inch diameter maximum), pine cones and needles."
(v) Section 302.4. The words appearing in the brackets in the first sentence are
deleted and the words "8 inches" are inserted therein, and the brackets are
deleted.
Golden Valley City Code Page 3 of 6
§ 4.60
(w) Section 304.1.1. The phrase "International Building Code or the International
Existing Building Code" is deleted and the term "Minnesota State Building
Code" is inserted in its place.
(x) Section 304.3. The following sentence is added at the end of this Section:
"For a building existing prior to the adoption of this code by the City, the
owner shall be responsible for providing building numbering in accordance
with Section 4.06 of the City Code until replacement of such numbers is
required during a remodeling, residing, or rebuilding of the exterior of the
building, or in the event of loss or damage to some or all of such existing
numbers."
(y) Section 304.14. The date "May 1" replaces the word "DATE" in the first set of
brackets and the date "August 1" replaces the word "DATE" in the second set
of brackets, and the brackets are deleted.
(z) Section 305.1.1. The phrase "International Building Code or the International
Existing Building Code" is deleted and the term "Minnesota State Building
Code" is inserted in its place.
(aa) Section 306.1.1. The term "International Building Code" is deleted and the
term "Minnesota State Building Code" is inserted in its place.
(bb) Section 308.1. This Section is revised in its entirety to read as follows: "All
exterior property and premises, and the interior of every structure, shall be
free from any accumulation of rubbish, garbage, recyclables, and / or yard
waste and disposed of in accordance with Section 10.40 of the City Code."
(cc) Sections 308.3.3. A new Section is added to read: "RENTAL GARBAGE
FACILITIES. All rental property owners shall be responsible for providing
garbage pickup and water and sewer services."
(dd) Section 310. A new Section is added entitled: "SECTION 310 OUTDOOR
WOOD STORAGE."
(ee) Sections 310.1. A new Section is added to read: "310.1. General. The
following are conditions for outdoor wood storage."
(ff) Sections 310.1.1, 310.1.2, and 310.1.3. New Sections 310.1.1, 310.1.2, and
310.1.3 are added to read:
310.1.1 Except for firewood and construction materials necessary for on-site
work, no wood or wood product shall be kept or stored upon a residential
premises.
310.1.2 Firewood may be stored upon a residential premises solely for use on
the premises and not for resale.
Golden Valley City Code Page 4 of 6
§ 4.60
310.1.3 All firewood located upon a residential premises shall be stored as
follow:
1. The firewood shall be cut/split to a uniform shape thirty (30) inches in
length or less, stored in neat, secure stacks, and prepared for use;
2. Each stack cannot exceed a cord of firewood. The height of a woodpile
over three (3) feet shall be no more than twice its width, but in no event
shall the height exceed five (5) feet;
3. Firewood stacks must have at least ten (10) feet of space from each
other;
4. The firewood shall not be in a deteriorating state;
5. No firewood shall be stored within three (3) feet of any side or five (5)
feet of any rear property line, except that if the wood is stored in an
accessory structure the accessory structure shall meet all zoning
setback requirements; and
6. No firewood shall be stored in the front yard."
(gg) Section 401.3. The term "International Building Code" is deleted and
replaced with the term "Minnesota State Building Code."
(hh) Section 403.5. This Section is revised in its entirety to read as follows:
"Clothes dryer exhaust systems shall be independent of all other systems
and shall be exhausted outside the structure in accordance with the
manufacturer's instructions and the Minnesota Mechanical Code."
(ii) Sections 502.5 and 505.1. The term "International Plumbing Code" is deleted
and replaced with the term "Minnesota State Plumbing Code".
(jj) Section 602.3. The date "October 1" replaces the word "DATE" in the first set
of brackets and the date "May 1" replaces the word "DATE" in the second set
of brackets, and the brackets are deleted.
(kk) Section 602.4. The date "October 1" replaces the word "DATE" in the first set
of brackets and the date "May 1" replaces the word "DATE" in the second set
of brackets, and the brackets are deleted.
(II) Section 604.3.1.1. The term "International Building Code" is deleted and
replaced with the term "Minnesota State Building Code".
(mm) Section 604.3.2.1. The term "International Building Code" is deleted and
replaced with the term "Minnesota State Building Code".
Golden Valley City Code Page 5 of 6
§ 4.60
(nn) Section 606.1. This first sentence of this Section is revised to read in entirety
as follows: "Elevators, dumbwaiters and escalators shall be maintained in
compliance with ASME A17 and Chapter 1307 of the Minnesota State Building
Code."
(oo) Section 702.1. The term "International Fire Code" is deleted and the term
"Minnesota State Fire Code" is inserted in its place.
(pp) Section 702.2. The term "International Fire Code" is deleted and the term
"Minnesota State Fire Code" is inserted in its place.
(qq) Section 702.3. The term "International Building Code" is deleted and the
term "Minnesota State Building Code" is inserted in its place.
(rr) Section 704.1. The term "International Fire Code" is deleted and the term
"Minnesota State Fire Code" is inserted in its place.
(ss) Section 704.2. The term "International Fire Code" is deleted and the term
"Minnesota State Fire Code" is inserted in its place.
(tt) Section 705. A new Section is added entitled: "SECTION 705 CARBON
MONOXIDE ALARMS."
(uu) Section 705.1. A new Section is added to read: "705.1 General. Carbon
monoxide alarms shall be installed in accordance with Minnesota Statute
299F.50-51."
(vv) Chapter 8. The following sentence in Chapter 8 is deleted in its entirety: "The
application of the referenced standards shall be as specified in Section
102.7."
(ww) Chapter 8. In the table regarding the American Society of Mechanical
Engineers in Chapter 8, the standard reference number "A17.1/CSA B44-
2007" cited therein is changed to: "A17.1/CSA B44-2010."
(xx) Chapter 8. The table regarding the International Code Council is deleted in its
entirety.
Subdivision 3. IPMC on File
At least one copy of the IPMC shall be marked CITY OF GOLDEN VALLEY - OFFICIAL
COPY and kept on file in the office of the City Clerk and open to inspection and use
by the public.
Golden Valley City Code Page 6 of 6
ORDINANCE NO. 563, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Chapter 4: Buildings and Signs, Adoption of 2012 International
Property Maintenance Code
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Section 4.60, entitled "Residential Property Maintenance Code"
is amended by deleting it in its entirety and replacing it with the 2012 International Property
Maintenance Code by reference with the following changes:
Section 4.60:
International Property Maintenance Code
Subdivision 1. Code Adopted
The International Property Maintenance Code, 2012 Edition, ("IPMC") published by the
International Code Council, Inc., is hereby adopted by reference for the City as modified
and amended by Subdivisions 2 below. The IPMC, as modified and amended by
Subdivisions 2 below, shall be considered a part of this Section as if set out in full herein
and shall be referred to as the Golden Valley Property Maintenance Code.
Subdivision 2. Amendments to the IPMC
The IPMC adopted by reference in Subdivision 1 is hereby amended in the following
respects for application within the City:
(a) Section 101.1. This Section is revised in its entirety to read as follows: "These
regulations shall be known as the Golden Valley Property Maintenance Code,
hereinafter referred to as "this code."
(b) Section 102.1. The following sentence is added at the end of this Section. "When
there is a conflict between this code and any other section of the City Code, the
more restrictive shall govern."
(c) Section 102.3. In the first sentence, the terms: "International Building Code,
International Energy Conservation Code, International Fire Code, International Fuel
Gas Code, International Mechanical Code, International Residential Code,
International Plumbing Code and NFPA 70" are deleted and replaced with
"Minnesota State Building Code, the Minnesota State Fire Code, the Minnesota
Plumbing Code, the Minnesota Residential Code, the Minnesota Fuel Gas Code, the
Minnesota Mechanical Code, the Minnesota Electrical Code, the Minnesota
Residential Energy Code and the Minnesota Commercial Energy Code". In the
second sentence the term "International Zoning Code" is deleted and replaced with
"City Zoning Code as set forth in Chapter 11 of the City Code".
(d) Section 102.7. This first sentence of this Section is revised in its entirety to read as
follows: "The codes and standards referenced in this code shall be those that are
listed in the Minnesota State Building Code, the Minnesota State Fire Code, the
Minnesota Plumbing Code, the Minnesota Residential Code, the Minnesota Fuel
Ordinance No. 563 - continued
Gas Code, the Minnesota Mechanical Code, the Minnesota Electrical Code, the
Minnesota Residential Energy Code and the Minnesota Commercial Energy Code
and considered part of the requirements of this code to the prescribed extent of each
such reference and as further regulated in Sections 102.7.1 and 102.7.2."
(e) Section 103. The title of this Section is revised in its entirety to read as follows:
"Administration of this Property Maintenance Code."
(f) Section 103.1. This Section is revised in its entirety to read as follows: "The City
Manager shall administer this code."
(g) Section 103.2. This Section is revised in its entirety to read as follows: "The City
Manager or the City Manager's designee shall designate the code official
responsible for the administration and enforcement of this code."
(h) Section 103.4 The term "member of the board of appeals" is deleted and replaced
with the term "administrative hearing officer."
(i) Section 103.5. This Section is revised to add at the end of the existing language:
"the City's master fee schedule adopted by the City Council from time to time."
(j) Section 106.3. This first sentence of this Section is revised in its entirety to read as
follows: "Any person failing to comply with a notice of violation or order served in
accordance with Section 107 shall be deemed guilty of a misdemeanor or a civil
offense punishable by administrative citation in accordance with the City Code, and
the violation shall be deemed a strict liability offense."
(k) Section 109.6. The second sentence of this Section is revised in its entirety to read
as follows: "Any affected person shall thereafter, be entitled to an administrative
hearing as set forth in Section 2.91 of the City Code."
(I) Section 111.1. This Section is revised in its entirety to read as follows: "Any person
directly affected by a decision of the code official or a notice or order issued under
this code shall have the right to appeal to a hearing officer in an administrative
hearing as provided in Section 2.91 of the City Code, provided that a written
application for appeal is filed within 20 days after the day the decision, notice or
order was served. In the case of an appeal from a notice issued to vacate pending
elimination of imminent dangers, the appeal shall be heard as soon as possible after
the time of filing. In the case of appeals from other notices, the appeal shall be heard
at such time as may be established under Section 2.91 of the City Code. An
application for appeal shall be based on a claim that the true intent of this code or
the rules legally adopted thereunder have been incorrectly interpreted, the
provisions of this code do not fully apply, or the requirements of this code are
adequately satisfied by other means."
(m) Sections 111.2 through Section 111.7, inclusive, are deleted in their entirety.
Ordinance No. 563 - continued
(n) Section 112.4. This Section is revised in its entirety to read as follows: "Any person
who shall continue any work after having been served with a stop work order, except
such work as that person is directed to perform to remove a violation or unsafe
condition, shall be liable to a fine set forth in the schedule referred to in Section
103.5 hereof."
(o) Section 201.3. This Section is revised in its entirety to read as follows: "Where terms
are not defined in this code and are defined in the Minnesota State Building Code,
the Minnesota State Fire Code, the Minnesota Plumbing Code, the Minnesota
Residential Code, the Minnesota Fuel Gas Code, the Minnesota Mechanical Code,
the Minnesota Electrical Code, the Minnesota Residential Energy Code, the
Minnesota Commercial Energy Code and the City of Golden Valley City Code, such
terms shall have the meanings ascribed to them as stated in those codes."
(p) Section 202. The following definition is added: "CORD OF FIREWOOD. Means a
unit of cut fuel wood, equal to one hundred twenty-eight (128) cubic feet in a stack."
(q) Section 202. The following definition is added: "FIREWOOD. Wood or wood product
used or intended for heating fuel in a dwelling or for recreational fire. Painted or
treated wood shall not be considered firewood."
(r) Section 202. The following definition is added: "NEAT, SECURED STACK. Means a
stack of firewood that is piled in a regular, orderly arrangement that is stable and
reasonably resistant to collapse."
(s) Section 202. The following definition is added: "RECYCLABLES. Means items of
refuse designated by the Hennepin County Department of Environment and Energy
to be part of an authorized recycling program and which are intended for processing
and remanufacture or reuse."
(t) Section 202. The definition of"Rubbish" is revised in its entirety to read:
"Combustible and noncombustible waste materials, except garbage; the term shall
include the residue from the burning of wood, coal, coke and other combustible
materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree
branches, yard trimmings, tin cans, metals, mineral matter, glass, discarded furniture
(including unusable/unsafe outdoor furniture), crockery and dust and other similar
materials."
(u) Section 202. The following definition is added: "YARD WASTE. Grass/lawn
clippings, leaves, weeds, garden waste (tomato vines, carrot tops, cucumber vines,
etc.) soft bodied plants (flower and vegetable plants), hedge or tree trimmings and
twigs (1/4 inch diameter maximum), pine cones and needles."
(v) Section 302.4. The words appearing in the brackets in the first sentence are deleted
and the words "8 inches" are inserted therein, and the brackets are deleted.
Ordinance No. 563 - continued
(w) Section 304.1.1. The phrase "International Building Code or the International
Existing Building Code" is deleted and the term "Minnesota State Building Code" is
inserted in its place.
(x) Section 304.3. The following sentence is added at the end of this Section: "For a
building existing prior to the adoption of this code by the City, the owner shall be
responsible for providing building numbering in accordance with Section 4.06 of the
City Code until replacement of such numbers is required during a remodeling,
residing, or rebuilding of the exterior of the building, or in the event of loss or
damage to some or all of such existing numbers."
(y) Section 304.14. The date "May 1" replaces the word "DATE" in the first set of
brackets and the date "August 1" replaces the word "DATE" in the second set of
brackets, and the brackets are deleted.
(z) Section 305.1.1. The phrase "International Building Code or the International
Existing Building Code" is deleted and the term "Minnesota State Building Code" is
inserted in its place.
(aa) Section 306.1.1. The term "International Building Code" is deleted and the term
"Minnesota State Building Code" is inserted in its place.
(bb) Section 308.1. This Section is revised in its entirety to read as follows: "All exterior
property and premises, and the interior of every structure, shall be free from any
accumulation of rubbish, garbage, recyclables, and / or yard waste and disposed of
in accordance with Section 10.40 of the City Code."
(cc) Sections 308.3.3. A new Section is added to read: "RENTAL GARBAGE
FACILITIES. All rental property owners shall be responsible for providing garbage
pickup and water and sewer services."
(dd) Section 310. A new Section is added entitled: "SECTION 310 OUTDOOR WOOD
STORAGE."
(ee) Sections 310.1. A new Section is added to read: "310.1. General. The following are
conditions for outdoor wood storage."
(ff) Sections 310.1.1, 310.1.2, and 310.1.3. New Sections 310.1.1, 310.1.2, and 310.1.3
are added to read:
"310.1.1 Except for firewood and construction materials necessary for on-site work,
no wood or wood product shall be kept or stored upon a residential premises.
310.1.2 Firewood may be stored upon a residential premises solely for use on the
premises and not for resale.
310.1.3 All firewood located upon a residential premises shall be stored as follow:
Ordinance No. 563 - continued
1. The firewood shall be cut/split to a uniform shape thirty (30) inches in length or
less, stored in neat, secure stacks, and prepared for use;
2. Each stack cannot exceed a cord of firewood. The height of a woodpile over
three (3) feet shall be no more than twice its width, but in no event shall the
height exceed five (5) feet;
3. Firewood stacks must have at least ten (10) feet of space from each other;
4. The firewood shall not be in a deteriorating state;
5. No firewood shall be stored within three (3) feet of any side or five (5) feet of
any rear property line, except that if the wood is stored in an accessory
structure the accessory structure shall meet all zoning setback requirements;
and
6. No firewood shall be stored in the front yard."
(gg) Section 401.3. The term "International Building Code" is deleted and replaced with
the term "Minnesota State Building Code."
(hh) Section 403.5. This Section is revised in its entirety to read as follows: "Clothes dryer
exhaust systems shall be independent of all other systems and shall be exhausted
outside the structure in accordance with the manufacturer's instructions and the
Minnesota Mechanical Code."
(ii) Sections 502.5 and 505.1. The term "International Plumbing Code" is deleted and
replaced with the term "Minnesota State Plumbing Code".
(jj) Section 602.3. The date "October 1" replaces the word "DATE" in the first set of
brackets and the date "May 1" replaces the word "DATE" in the second set of
brackets, and the brackets are deleted.
(kk) Section 602.4. The date "October 1" replaces the word "DATE" in the first set of
brackets and the date "May 1" replaces the word "DATE" in the second set of
brackets, and the brackets are deleted.
(II) Section 604.3.1.1. The term "International Building Code" is deleted and replaced
with the term "Minnesota State Building Code".
(mm) Section 604.3.2.1. The term "International Building Code" is deleted and replaced
with the term "Minnesota State Building Code".
(nn) Section 606.1. This first sentence of this Section is revised to read in entirety as
follows: "Elevators, dumbwaiters and escalators shall be maintained in compliance
with ASME A17 and Chapter 1307 of the Minnesota State Building Code."
(oo) Section 702.1. The term "International Fire Code" is deleted and the term
"Minnesota State Fire Code" is inserted in its place.
Ordinance No. 563 - continued
(pp) Section 702.2. The term "International Fire Code" is deleted and the term
"Minnesota State Fire Code" is inserted in its place.
(qq) Section 702.3. The term "International Building Code" is deleted and the term
"Minnesota State Building Code" is inserted in its place.
(rr) Section 704.1. The term "International Fire Code" is deleted and the term
"Minnesota State Fire Code" is inserted in its place.
(ss) Section 704.2. The term "International Fire Code" is deleted and the term
"Minnesota State Fire Code" is inserted in its place.
(tt) Section 705. A new Section is added entitled: "SECTION 705 CARBON MONOXIDE
ALARMS."
(uu) Section 705.1. A new Section is added to read: "705.1 General. Carbon monoxide
alarms shall be installed in accordance with Minnesota Statute 299F.50-51."
(vv) Chapter 8. The following sentence in Chapter 8 is deleted in its entirety: "The
application of the referenced standards shall be as specified in Section 102.7."
(ww) Chapter 8. In the table regarding the American Society of Mechanical Engineers in
Chapter 8, the standard reference number "A17.1/CSA B44-2007" cited therein is
changed to: "A17.1/CSA B44-2010."
(xx) Chapter 8. The table regarding the International Code Council is deleted in its
entirety.
Subdivision 3. IPMC on File
At least one copy of the IPMC shall be marked CITY OF GOLDEN VALLEY - OFFICIAL
COPY and kept on file in the office of the City Clerk and open to inspection and use by the
public.
Section 2. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 6.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though
repeated verbatim herein.
Section 3. This Ordinance shall take effect from and after its passage and
publication as required by law.
Adopted by the City Council this 7th day of July, 2015.
/s/Shepard M. Harris
Shepard M. Harris, Mayor
ATTEST:
/s/Kristine A. Luedke
Kristine A. Luedke, City Clerk
city 0f
golden!'Af'
MEMORANDUM
valley Fire Department
763-593-8079/763-593-8098 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 7, 2015
Agenda Item
6. B. First Consideration -Amendment to City Code Regarding Licensing of Rental Housing
Prepared By
John Crelly, Fire Chief
Rick Hammerschmidt, Deputy Fire Chief
Summary
At the June 9, 2015, Council/Manager meeting, staff presented Council with amendments to the
City Code to move rental licensing requirements to Chapter 6 of City Code. Council requested
that staff proceed with the amendment changes.
Currently, Chapter 4, Section 4.60 of City Code, titled Residential Property Maintenance Code,
currently contains regulations for property maintenance and licensing of rental dwellings. The
intertwining of these large scoping elements is confusing. Rental licensing requirements should
be in Chapter 6 of City Code.
Staff recommends that the requirements for licensing of rental housing be relocated to Chapter
6, Section 6.29 of City Code.
Attachments
• Underline/Overscored version Section 6.29 Licensing of Rental Houses (11 pages)
• Clean copy of Section 6.29 Licensing of Rental Housing (11 pages)
• Ordinance #564 - Amending Chapter 6 with addition of Section 6.29: Licensing of Rental
Housing (11 pages)
Recommended Action
Motion to adopt First Consideration, Ordinance #564, Amendment to Chapter 6 regarding
Licensing of Rental Housing.
Section 6.29
Licensing of Rental Housing
Subdivision 1. Purpose
It is the purpose of this Section to provide minimum standards to safeguard life, limb, health,
property and public welfare by regulating and controlling the use and occupancy, construction and
maintenance of all residential rental units, buildings and structures within the City. The provisions
contained herein are in addition to other applicable provisions of the City Code and not in lieu
thereof.
Subdivision 2. Scope
The provisions of this Section shall apply to all rental dwellings, including rented single-family
homes, rented duplexes and rental dwellings within owner-occupied buildings, as well as to rented
condominiums, rented townhouses and leasehold cooperative dwelling units, as those terms are
defined in Minnesota Statutes Section 273.124, Subd. 6, Minnesota Statutes, Chapter 515A, and
this Section.
Subdivision 3. Definitions
For the purposes of this Section, the following terms are defined as follows:
A. Annual Renewal Date. The date each year by when a rental license must be renewed,
according to the schedule of fiscal years for rental licenses and fees established by the City
Council pursuant to City Code, Section 6.04. The City Council may establish a different
annual renewal date for different types of rental dwellings and/or types of building in which
rental dwellings may be located (e.g., single-family homes, duplexes, townhomes,
condominiums, homes with services, etc.).
B. Apartment Building: A building in which four of more rental dwellings are located and all
such rental dwellings are owned by the same owner.
C. Code Official: The City Manager or the City Manager's designee.
D. Disorderly Conduct: Shall have the meaning given such term in Subdivision 5 of this
Section.
E. Dwelling Unit: A single dwelling space providing independent living facilities for one or
more persons, including permanent provisions for sleeping, eating, cooking, and sanitation.
F. Operate: To charge a rental charge or other form of compensation for the use of a rental
dwelling.
G. Owner: The person owning or holding title to a rental dwelling as determined by an
examination of record title to the property at the office of the Hennepin County Recorder—
Registrar of Titles. If more than one person owns or holds title to an individual rental
dwelling, such persons shall collectively be an owner for purposes of this Section.
H. Qualifying Relative: Spouse, parent, child, sibling, grandparent, grandchild, aunt, uncle,
niece or nephew. The relationship may be either by blood or marriage. The code official
may require sufficient written proof to establish whether someone is a qualifying relative.
I. Person. A natural person or legal entity.
J. Property Manager: A person authorized to manage and/or operate a rental dwelling on
behalf of an owner.
K. Renewal License: A rental license that is a renewal of an existing rental license granted
under this Section, which renewal is granted to the same owner and for the same rental
dwelling as the existing rental license.
L. Rental License: The license required under this Section, including any renewal thereof.
M. Rental Dwelling: A dwelling unit in the City to which a tenant has been granted the right to
use. A rental dwelling includes accessory structures such as garages and storage buildings
and appurtenances such as sidewalks and retaining walls which are on the premises on
which a rental dwelling is located.
N. Tenant: Any person granted temporary use of a rental dwelling, other than the owner of
the dwelling unit and/or qualifying relative(s) of that owner, pursuant to a lease or other
agreement, whether or not reduced to writing.
Subdivision 4. License Required
A. When required. No person shall operate a rental dwelling unless the owner thereof shall
have first obtained a rental license for such rental dwelling as provided for in this Section.
Any rental license received under this Section shall commence upon the date of issuance
and, unless revoked or suspended, shall remain valid until the next applicable annual
renewal date, provided no rental license shall extend for more than a twelve (12) month
period. A person who is operating a rental dwelling after the rental license has expired is
operating an unlicensed rental dwelling.
(i) Exceptions:
(a) A rental dwelling is not subject to this Section if it is within a hotel, motel,
hospital or a nursing homes, assisted living, and other residential facilities or
portions thereof licensed and inspected by the state for compliance with
state building or fire codes or the City of Golden Valley Property
Maintenance Code. A rental dwelling within any of the
following types of facilities is subject to this Section unless the facility has a
facility license issued by the state and is inspected by the state for
compliance with state building or fire codes or the City of Golden Valley
Property Maintenance Code: group homes, independent living
fac+l+ yfacilities, assisted living #a£ facilities. board and lodging homes, and
other residential facilities or portions thereof
with state h1A64Rg „r firs, et-A- s; er the Cit .,f GeldeR Valley PFep FVV
MaiR+,,.,aRee reale ; subject to this Seeti R, including those facilities that
provide support services for their residents or that receive program
reimbursement or financial assistance.
Lb {+4A room temporarily leased to a natural person within a dwelling unit
while the owner of that dwelling unit resides in the dwelling unit shall not be
subject to this Section, provided no more than three persons shall so lease a
room within a dwelling unit at one time.
B. What the rental license covers. There shall be one (1) rental license for each rental
dwelling, provided when a building or buildings on a single premises contain two or more
rental dwellings and all the rental dwellings within such building(s) are owned by the same
owner, only one rental license shall be required for such building(s). The City shall have
authority to exercise its licensing powers under this Section, including the power to issue,
renew, deny, revoke, and suspend rental licenses, with respect to an entire building or only
a portion of a building.
C. Fees. There shall be annual license fee for each rental license. Such fee shall be in the
amount established by the City Council pursuant to City Code, Section 6.04. There shall be
no proration of rental license fees for a rental license that extends for less than twelve (12)
months. The amount of the rental license fee may vary based on the type of rental
dwelling, the type of building in which the rental dwelling is located, and/or the number of
rental dwellings located in the building(s) that is the subject of a rental license. There shall
be no fee charged for an initial inspection to determine the existence of any violations of
the City Code at a rental dwelling. The City Council shall establish a fee for any
reinspections necessary to determine whether identified violations have been corrected, to
restore a rental license that has been revoked or suspended, or for any other reason a
reinspection may be required under this Section. The code official may waive the
reinspection fee in event of an error or other reasonable cause determined by the code
official, including extension of time granted for compliance.
D. Application. Application for a rental license shall be made in writing on forms promulgated
by the City Manager and accompanied by the fee amount. In the case of a license renewal,
such application shall be submitted at least thirty (30) days prior to the expiration date of
the then existing rental license. If the application for a license renewal is not received by
the City at least thirty (30) days prior to the expiration date of the existing rental license, the
applicant shall pay a late fee in the amount established by the City Council. The code official
may waive the late fee in event of an error or other reasonable cause determined by the
code official.
All applications shall specify the following:
1. Name, address, and telephone number of the owner of the rental dwelling, including
name of the contact person if the owner is a legal entity.
2. Name, address, and telephone number of any property manager actively managing said
rental dwelling.
3. Name and address of the vendee if the rental dwelling is owned or being sold on a
contract for deed.
4. Legal address of the rental dwelling.
5. Number of rental dwellings that are the subject of the application if the application
involves a building in which two or more rental dwellings are located and all such rental
dwellings are owned by the same owner.
6. Name, address and telephone number of on-site operating manager, if any.
7. Any other information requested by the code official to establish compliance under this
Section.
If the owner identified in the application is a legal entity, the applicant shall submit, upon
request of the code official, the name and address of all partners, shareholders or interest
holders.
E. Inspections required. Each rental license application and rental license is at all times subject
to the code official's right to inspect the affected rental dwelling to determine whether it is
in compliance with the City Code and state law. The code official shall determine the
schedule of periodic inspections. Inspections may include all common areas, utility and
mechanical rooms, garages, exterior of structures and exterior property areas.
F. Access for Inspection. No rental license shall be issued under this Section unless the owner
of the rental dwelling agrees to permit inspections, upon reasonable notice from the code
official to the owner, to determine compliance with the City Code and state law. The
submission of a rental license application or the possession of a rental license issued by the
City shall constitute such agreement by the owner identified in the application or on the
rental license.
Each tenant shall grant access to any part of its rental dwelling at reasonable times for the
purpose of effecting inspection, maintenance, repairs or alterations as are necessary to
comply with the provisions of this Section. If any owner, owner's agent, property manager
or tenant fails or refuses to permit entry to a rental dwelling under its control for an
inspection pursuant to this Section, the code official may pursue any remedy at law or
under the City Code, including, but not limited to, securing an administrative search warrant
for the rental dwelling, issuing an administrative citation, denying a rental license
application, revoking or suspending a rental license, or denying a renewal license. Without
limiting the foregoing, should an owner, owner's agent, or property manager fail to keep a
scheduled inspection without reasonable cause or refuse to permit entry to the rental
dwelling, a reinspection fee may be charged.
G. Resident Agent Required. No rental license shall be issued for a rental dwelling unless (i)
the owner thereof resides within the counties of Hennepin, Ramsey, Anoka, Carver, Dakota,
Scott, Washington, Sherburne or Wright or (ii) the owner designates in writing an agent or
property manager residing or located within such counties who is responsible for
maintenance and upkeep of the rental dwelling and who is authorized to provide the code
official access to the rental dwelling, to receive service of notice of violations of the City
Code, to receive orders from the code official and to institute remedial action to effect such
orders and to accept all service of process pursuant to law.
H. Crime Free Training. An owner or property manager who owns or manages more than one
rental dwelling in the City must complete a Crime Free Training program (or similar
program) approved by the City's police department. No renewal license shall be granted
unless the owner (and property manager, if any) identified on the rental license application
has completed such training within the three-year period immediately preceding the date of
such application. If a rental dwelling owned by a person who is not required to complete
this training pursuant to the foregoing and that rental dwelling is the subject of three or
more events of disorderly conduct within a 365-day period, that person must complete the
training before a renewal license may be granted for that rental dwelling.
I. Crime Free/ Drug Free Lease Addendum Requirements.
a) Subject to any preemptory state and federal laws, all signed tenant leases, including any
lease renewal, for a rental dwelling executed after January 1, 2017, shall contain the
following crime free addendum language or equivalent language:
1. Tenant, any members of the tenant's household or a guest or other person affiliated
with the tenant shall not engage in illegal activity, including drug-related illegal
activity, on or near the premises.
2. Tenant, any member of the tenant's household or a guest or other person affiliated
with the tenant shall not engage in any act intended to facilitate illegal activity,
including drug-related illegal activity, on or near the premises.
3. Tenant, any member of the tenant's household or a guest or other person affiliated
with the tenant shall not permit the rental dwelling to be used for, or to facilitate
illegal activity, including drug-related illegal activity, regardless of whether the
individual engaging in such activity is a member of the household or a guest.
4. Tenant, any member of the tenant's household or a guest, or other person affiliated
with the tenant shall not engage in the unlawful manufacturing, selling, using,
storing, keeping, or giving of a controlled substance (as defined in Section 102 of the
Controlled Substance Act [21 U.S.C. 802]) on or near the premises.
5. Violation of the above provisions shall be a material and irreparable violation of the
lease and good cause for immediate termination of tenancy.
6. The term "drug related illegal activity" means the illegal manufacture, sale,
distribution, use, or possession with intent to manufacture, sell, distribute, or use of
a controlled substance (as defined in Section 102 of the Controlled Substance Act
[21 U.S.C. 802]).
b. Non-exclusive remedies. The crime free / drug free addendum is in addition to all other
terms of the lease and do not limit or replace any other provisions.
J. Posting. All apartment buildings shall post the rental license issued for that building. The
rental license shall be conspicuously posted (in a frame with a glass covering), in a common
area, hallway or lobby. All other rental dwellings shall have a copy of the rental license on
the premises.
K. Applicable Laws. Rental licenses shall be subject to the applicable provisions of the City
Code and state law relating to rental dwellings.
L. Transfer of License. No rental license under this Section is transferable. If(i) any owner
holding a rental license transfers ownership or legal control of the rental dwelling that is the
subject of the rental license, (ii) appoints or changes the agent required under Subdivision
+.G. in this Section, and/or (iii) authorizes a property manager to manage the rental
dwelling (other than a property manager identified in the application for the rental license),
then the owner shall provide the code official written notice of such event within 72 hours
thereafter. Such notice shall include, as applicable, (i) the name and address of the person
succeeding to the ownership or control of such rental dwelling, (ii) the name and address of
the appointed agent; and (iii) the name and address of the authorized property manager.
Any new owner shall apply for a new rental license within 3 days after its acquisition of the
rental dwelling.
Subdivision 5. Conduct On Licensed Premises
It shall be the responsibility of an owner holding a rental license to take appropriate action to
prevent conduct at the licensed rental dwelling by tenants or their guests constituting disorderly
conduct. A violation of any of the following statutes or ordinances shall be deemed disorderly
conduct:
A. Minnesota Statutes, Sections 609.75 through 609.76, and City Code Section 10.66, which
prohibit gambling;
B. Minnesota Statutes, Sections 609.321 through 609.324, which prohibits prostitution and
acts relating thereto;
C. Minnesota Statutes, Sections 152.01 through 152.025, and Section 152.027, Subdivisions 1
and 2, which prohibit the unlawful sale or possession of controlled substances;
D. Minnesota Statutes, Section 340A.401, which prohibits the unlawful sale of alcoholic
beverages;
E. Minnesota Statutes, Section 340A.503, which prohibits the underage use of alcoholic
beverages;
F. Minnesota Statutes, Section 609.72 and City Code 10.60, 10.62, and 10.85 which prohibits
disorderly conduct when the violation disturbs the peace and quiet of the occupants of at
least one unit on the licensed premises or other premises, other than the unit occupied by
the person(s) committing the violation; and
G. Minnesota Statutes, Sections 97B.021, 9713.045, 609.66 through 609.67 and 624.712
through 624.716 which prohibit the unlawful possession, transportation, sale or use of a
weapon.
Subdivision 6. Disorderly Conduct Violations
A. Disorderly conduct at a rental dwelling shall be determined and handled by the police
department.
B. A determination that disorderly conduct has occurred at a rental dwelling shall be made
upon substantial evidence to support such a determination and shall be subject to
Minnesota Statutes, Section 504B.205, subd. 3. It shall not be necessary that criminal
charges be brought to support a determination of disorderly conduct, nor shall the fact of
dismissal or acquittal of such a criminal charge operate as a bar to adverse license action
under this Section based on such disorderly conduct.
C. Upon notification from the police department to the code official that there have been
three or more events of disorderly conduct at a rental dwelling with a thirty-six (36) month
period, the code official shall send a written warning to the owner of such rental dwelling,
notifying the owner that:
(i) If there is an additional event of disorderly conduct at the identified rental
dwelling within the twelve (12) month period following the date of the
warning, such disorderly conduct shall constitute a violation of this Section
and shall entitle the City to the remedies set forth herein, including the
revocation, suspension, non-renewal or denial of a rental license;
(ii) Within ten (10) days after the code official's issuance of the written warning,
the owner shall submit to the code official and the police department, a
written management plan detailing the actions taken and proposed to be
taken by the owner to prevent further disorderly conduct at the identified
rental dwelling;
(iii) Within twenty (20) days after the acceptance of the management plan by the
code official and the police department, the owner shall implement all the
provisions of the management plan; and
(iv) If the owner fails to submit or implement a management plan as required,
such failure shall constitute a violation of this Section and shall entitle the
City to the remedies set forth herein, including the revocation, suspension,
non-renewal or denial of a rental license.
D. If the owner fails to provide or implement a management plan within the period required,
or there is an event of disorderly conduct at the rental dwelling within twelve (12) months
after the written warning, such failure shall be a violation under this Section.
Subdivision . Revocation or Suspension of Rental License
A. In addition to its powers under City Code, Section 6.03, the City Council may revoke,
suspend, deny or decline to renew any rental license applied for or issued under this Section
based on any of the following circumstances:
1. The rental license was procured by misrepresentation of material facts with regard to a
rental dwelling or the ownership of a rental dwelling.
2. The applicant, or one acting in the applicant's behalf, made oral or written
misstatements accompanying the application.
3. The applicant has failed to comply with any condition set forth in any other
permits/license granted by the City.
4. The activities of the owner create or have created a danger to the public health, safety
or welfare.
5. The rental dwelling, the building of which such dwelling is a part, or any portion thereof,
contains conditions that might injure, or endanger the safety, health or welfare of any
member of the public.
6. Failure to correct violations of the City of Golden Valley Property Maintenance Code in
the time period specified in the notice of violation and correction.
7. Failure to continuously comply with any condition required of the applicant for the
approval or maintenance of the rental license.
8. Failure to include the crime free/ drug free lease addendum in all leases as required by
Subdivision 4.1. of this Section.
9. A violation under Subdivision 6.D. of this Section.
10. Any other violation of this Section.
B. Prior to any revocation, suspension, denial or declination by the City Council under this
Section, the code official shall send written notice to the owner specifying the ordinance or
law violations with which they are accused and the affected rental dwelling. The notice
shall also specify the date for the hearing before the City Council, which shall not be less
than ten (10) days from the date of the notice. At the hearing before the City Council, the
owner or their representative may submit and present evidence on their behalf. After the
hearing, the City Council may revoke, suspend, deny or decline to renew the rental license.
C. If the affected rental dwelling is within a building containing more than one rental dwelling
owned by the same owner, the revocation, suspension, denial or declination may apply to
one or more rental dwellings within that building, at the discretion of the City Council.
D. If a rental license is suspended, revoked or not renewed pursuant to this Section, then until
such time as a valid rental license has been restored it shall be unlawful for the owner to
thereafter permit any occupancy of the formerly licensed rental dwelling by a tenant. The
affected rental dwelling shall be vacated by all tenants, giving tenants a reasonable time to
arrange new housing and to move their possessions.
E. Rental licenses may be suspended for up to 120 days and may, after the period of
suspension, be reinstated subject to compliance with this Section and any conditions
imposed by the City at the time of suspension. Rental licenses that are revoked shall not be
reinstated for a period of up to 120 days and until the owner has applied for and secured a
new rental license and complied with all conditions imposed at the time of revocation and
all applicable sections of the City Code.
Subdivision 8. Maintenance Standards
Every rental dwelling shall be maintained in accordance with the minimum standards set forth in
state law and the City Code, in addition to any other permits issued by the City or by the state.
Subdivision 9. Conflicts
Where there are conflicts between this Section and any other provision of the City Code or other
state or federal laws, regulations, or rules, the more restrictive shall govern.
Subdivision 1.0. Enforcement
The code official is hereby authorized and directed to enforce all of the provisions of this Section
and all the provisions of the City of Golden Valley Property Maintenance Code with respect to
rental dwellings.
Subdivision 1-0.11. Owner and Tenant Responsibilities
A. Owner.
1. Owners of rental dwellings shall construct and maintain said dwellings in accordance
with the requirements of the City Code.
2. No person shall lease to another for occupancy any rental dwelling which does not
comply with the applicable fire prevention provisions of the City Code.
B. Tenants.
1. Each tenant of a rental dwelling shall keep in a clean and sanitary condition that part of
the dwelling and related premises which that person occupies or controls.
2. No person shall occupy any rental dwelling which does not comply with the applicable
fire prevention provisions of the City Code.
Subdivision 12. Notices and Orders of Code Official
A. Notice. Whenever the code official determines that a rental dwelling, a building of which
such dwelling is a part, or any portion thereof violates any section of the City Code or that
there are reasonable grounds to believe that a violation exists, notice shall be given in the
manner set forth in Section 107 of the City of Golden Valley Property Maintenance Code,
provided in all instances such notice shall also be provided to the applicable owner, if such
Section 107 does not require such notice to be sent to the owner.
B. Emergency Orders. Whenever the code official finds that an emergency exists in relation to
the enforcement of the provisions of this Section which requires immediate action to
protect the health, safety or welfare of occupants of any rental dwelling, a building of which
such dwelling is a part, or any portion thereof, the code official may issue an order reciting
the existence of such emergency and requiring that such action be taken as deemed
necessary to meet the emergency, notwithstanding any other provision of this Section.
Subdivision 13. Administrative Citation
The code official may issue one or more administrative citations under City Code, Section 2.90, to
enforce any provision in this Section and, in addition to imposing monetary fines, such citations
may require corrective actions.
Subdivision 14. Appeal Process
Any person directly affected by an administrative citation, decision or order issued by the code
official pursuant to this Section shall have the right to appeal to a hearing officer in an
administrative hearing as provided for in City Code, Section 2.91. The City Council may establish by
ordinance a fee that must accompany any such appeal under this Section.
Subdivision 15. 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 rental
dwelling or dwelling unit in the City and any representation to the contrary by any person is a
misdemeanor. Owners, their agents, property managers and tenants should take whatever steps
they deem appropriate to protect their interests, health, safety and welfare.
Subdivision 16. Violation a Misdemeanor
Every person who violates a subdivision, paragraph or provision of this Section 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 except as otherwise stated in specific provisions hereof.
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§ 6.29
Section 6.29: Licensing of Rental Housing
Subdivision 1. Purpose
It is the purpose of this Section to provide minimum standards to safeguard life, limb,
health, property and public welfare by regulating and controlling the use and
occupancy, construction and maintenance of all residential rental units, buildings and
structures within the City. The provisions contained herein are in addition to other
applicable provisions of the City Code and not in lieu thereof.
Subdivision 2. Scope
The provisions of this Section shall apply to all Rental Dwellings, including rented
single-family homes, rented duplexes and Rental Dwellings within Owner-occupied
buildings, as well as to rented condominiums, rented townhouses and leasehold
cooperative Dwelling Units, as those terms are defined in Minnesota Statutes Section
273.124, Subd. 6, Minnesota Statutes, Chapter 515A, and this Section.
Subdivision 3. Definitions
For the purposes of this Section, the following terms are defined as follows:
A. Annual Renewal Date: The date each year by when a Rental License must be
renewed, according to the schedule of fiscal years for Rental Licenses and fees
established by the City Council pursuant to City Code, Section 6.04. The City
Council may establish a different Annual Renewal Date for different types of
Rental Dwellings and/or types of building in which Rental Dwellings may be
located (e.g., single-family homes, duplexes, townhomes, condominiums, homes
with services, etc.).
B. Apartment Building: A building in which four (4) or more Rental Dwellings are
located and all such Rental Dwellings are owned by the same Owner.
C. Code Official: The City Manager or the City Manager's his/her designee.
D. Disorderly Conduct: Shall have the meaning given such term in Subdivision 5
of this Section.
E. Dwelling Unit: A single dwelling space providing independent living facilities for
one (1) or more persons, including permanent provisions for sleeping, eating,
cooking, and sanitation.
F. Operate: To charge a rental charge or other form of compensation for the use
of a Rental Dwelling.
G. Owner: The person owning or holding title to a Rental Dwelling as determined
by an examination of record title to the property at the office of the Hennepin
County Recorder - Registrar of Titles. If more than one (1) person owns or holds
title to an individual Rental Dwelling, such persons shall collectively be an Owner
for purposes of this Section.
Golden Valley City Code Page 1 of 11
§ 6.29
H. Qualifying Relative: Spouse, parent, child, sibling, grandparent, grandchild,
aunt, uncle, niece or nephew. The relationship may be either by blood or
marriage. The Code Official may require sufficient written proof to establish
whether someone is a Qualifying Relative.
I. Person: A natural person or legal entity.
I Property Manager: A person authorized to manage and/or operate a Rental
Dwelling on behalf of an Owner.
K. Renewal License: A Rental License that is a renewal of an existing Rental
License granted under this Section, which renewal is granted to the same Owner
and for the same Rental Dwelling as the existing Rental License.
L. Rental License: The license required under this Section, including any renewal
thereof.
M. Rental Dwelling: A Dwelling Unit in the City to which a Tenant has been
granted the right to use. A Rental Dwelling includes accessory structures such as
garages and storage buildings and appurtenances such as sidewalks and
retaining walls which are on the premises on which a Rental Dwelling is located.
N. Tenant: Any person granted temporary use of a Rental Dwelling, other than the
Owner of the Dwelling Unit and/or Qualifying Relative(s) of that Owner,
pursuant to a lease or other agreement, whether or not reduced to writing.
Subdivision 4. License Required
A. When required. No person shall operate a Rental Dwelling unless the Owner
thereof shall have first obtained a Rental License for such Rental Dwelling as
provided for in this Section. Any Rental License received under this Section shall
commence upon the date of issuance and, unless revoked or suspended, shall
remain valid until the next applicable Annual Renewal Date, provided no Rental
License shall extend for more than a twelve (12) month period. A person.who is
operating a Rental Dwelling after the Rental License has expired is operating an
unlicensed Rental Dwelling.
1. Exceptions:
a. A Rental Dwelling is not subject to this Section if it is within a hotel,
motel, hospital or a nursing home, assisted living, and other residential
facilities or portions thereof licensed and inspected by the state for
compliance with state building or fire codes or the City of Golden Valley
Property Maintenance Code. A Rental Dwelling within any of the following
types of facilities is subject to this Section unless the facility has a facility
license issued by the state and is inspected by the state for compliance
with state building or fire codes or the City's Property Maintenance Code:
group homes, independent living facilities, assisted living facilities, board
and lodging homes, and other residential facilities or portions thereof,
including those facilities that provide support services for their residents
or that receive program reimbursement or financial assistance.
Golden Valley City Code Page 2 of 11
§ 6.29
b. A room temporarily leased to a natural person within a Dwelling Unit while
the Owner of that Dwelling Unit resides in the Dwelling Unit shall not be
subject to this Section, provided no more than three (3) persons shall so
lease a room within a Dwelling Unit at one time.
B. What the Rental License Covers. There shall be one (1) Rental License for each
Rental Dwelling, provided when a building or buildings on a single premises
contain two (2) or more Rental Dwellings and all the Rental Dwellings within
such building(s) are owned by the same Owner, only one (1) Rental License
shall be required for such building(s). The City shall have authority to exercise
its licensing powers under this Section, including the power to issue, renew,
deny, revoke, and suspend Rental Licenses, with respect to an entire building or
only a portion of a building.
C. Fees. There shall be annual license fee for each Rental License. Such fee shall be
in the amount established by the City Council pursuant to City Code, Section
6.04. There shall be no proration of Rental License fees for a Rental License that
extends for less than twelve (12) months. The amount of the Rental License fee
may vary based on the type of Rental Dwelling, the type of building in which the
Rental Dwelling is located, and/or the number of Rental Dwellings located in the
building(s) that is the subject of a Rental License. There shall be no fee charged
for an initial inspection to determine the existence of any violations of the City
Code at a Rental Dwelling. The City Council shall establish a fee for any
reinspections necessary to determine whether identified violations have been
corrected, to restore a Rental License that has been revoked or suspended, or
for any other reason a reinspection may be required under this Section. The
Code Official may waive the reinspection fee in event of an error or other
reasonable cause determined by the Code Official, including extension of time
granted for compliance.
D. Application. Application for a Rental License shall be made in writing on forms
promulgated by the City Manager or his/her designee and accompanied by the
fee amount. In the case of a license renewal, such application shall be submitted
at least thirty (30) days prior to the expiration date of the then existing Rental
License. If the application for a license renewal is not received by the City at
least thirty (30) days prior to the expiration date of the existing Rental License,
the applicant shall pay a late fee in the amount established by the City Council.
The Code Official may waive the late fee in event of an error or other reasonable
cause determined by the Code Official. All applications shall specify the
following:
1. Name, address, and telephone number of the Owner of the Rental Dwelling,
including name of the contact person if the Owner is a legal entity.
2. Name, address, and telephone number of any property manager actively
managing said Rental Dwelling.
3. Name and address of the vendee if the Rental Dwelling is owned or being
sold on a contract for deed.
Golden Valley City Code Page 3 of 11
§ 6.29
4. Legal address of the Rental Dwelling.
5. Number of Rental Dwellings that are the subject of the application if the
application involves a building in which two (2) or more Rental Dwellings are
located and all such Rental Dwellings are owned by the same Owner.
6. Name, address and telephone number of on-site operating manager, if any.
7. Any other information requested by the Code Official to establish compliance
under this Section.
8. If the Owner identified in the application is a legal entity, the applicant shall
submit, upon request of the Code Official, the name and address of all
partners, shareholders or interest holders.
E. Inspections Required. Each Rental License application and Rental License is at all
times subject to the Code Official's right to inspect the affected Rental Dwelling
to determine whether it is in compliance with the City Code and state law. The
Code Official shall determine the schedule of periodic inspections. Inspections
may include all common areas, utility and mechanical rooms, garages, exterior
of structures and exterior property areas.
F. Access for Inspection. No Rental License shall be issued under this Section
unless the Owner of the Rental Dwelling agrees to permit inspections, upon
reasonable notice from the Code Official to the Owner, to determine compliance
with the City Code and state law. The submission of a Rental License application
or the possession of a Rental License issued by the City shall constitute such
agreement by the Owner identified in the application or on the Rental License.
Each Tenant shall grant access to any part of its Rental Dwelling at reasonable
times for the purpose of effecting inspection, maintenance, repairs or alterations
as are necessary to comply with the provisions of this Section. If any Owner,
Owner's agent, property manager or Tenant fails or refuses to permit entry to a
Rental Dwelling under its control for an inspection pursuant to this Section, the
Code Official may pursue any remedy at law or under the City Code, including,
but not limited to, securing an administrative search warrant for the Rental
Dwelling, issuing an administrative citation, denying a Rental License
application, revoking or suspending a Rental License, or denying a renewal
license. Without limiting the foregoing, should an Owner, Owner's agent, or
property manager fail to keep a scheduled inspection without reasonable cause
or refuse to permit entry to the Rental Dwelling, a reinspection fee may be
charged.
G. Resident Agent Required. No Rental License shall be issued for a Rental Dwelling
unless:
1. The Owner thereof resides within the counties of Hennepin, Ramsey, Anoka,
Carver, Dakota, Scott, Washington, Sherburne or Wright or
2. The Owner designates in writing an agent or property manager residing or
located within such counties who is responsible for maintenance and upkeep
Golden Valley City Code Page 4 of 11
§ 6.29
of the Rental Dwelling and who is authorized to provide the Code Official
access to the Rental Dwelling, to receive service of notice of violations of the
City Code, to receive orders from the Code Official and to institute remedial
action to effect such orders and to accept all service of process pursuant to
law.
H. Crime Free Training. An Owner or property manager who owns or manages
more than one (1) Rental Dwelling in the City must complete a Crime Free
Training program (or similar program) approved by the City's Police
Department. No renewal license shall be granted unless the Owner (and
property manager, if any) identified on the Rental License application has
completed such training within the three (3) year period immediately preceding
the date of such application. If a Rental Dwelling owned by a person who is not
required to complete this training pursuant to the foregoing and that Rental
Dwelling is the subject of three (3) or more events of Disorderly Conduct within
a three hundred and sixty-five (365) day period, that person must complete the
training before a renewal license may be granted for that Rental Dwelling.
I. Crime Free/Drug Free Lease Addendum Requirements.
1. Subject to any preemptory state and federal laws, all signed Tenant leases,
including any lease renewal, for a Rental Dwelling executed after January 1,
2017, shall contain the following crime free addendum language or
equivalent language:
a. Tenant, any members of the Tenant's household or a guest or other
person affiliated with the Tenant shall not engage in illegal activity,
including drug-related illegal activity, on or near the premises.
b. Tenant, any member of the Tenant's household or a guest or other person
affiliated with the Tenant shall not engage in any act intended to facilitate
illegal activity, including drug-related illegal activity, on or near the
premises.
C. Tenant, any member of the Tenant's household or a guest or other person
affiliated with the Tenant shall not permit the Rental Dwelling to be used
for, or to facilitate illegal activity, including drug-related illegal activity,
regardless of whether the individual engaging in such activity is a member
of the household or a guest.
d. Tenant, any member of the Tenant's household or a guest, or other
person affiliated with the Tenant shall not engage in the unlawful
manufacturing, selling, using, storing, keeping, or giving of a controlled
substance (as defined in Section 102 of the Controlled Substance Act [21
U.S.C. 802]) on or near the premises.
e. Violation of the above provisions shall be a material and irreparable
violation of the lease and good cause for immediate termination of
tenancy.
Golden Valley City Code Page 5 of 11
§ 6.29
f. The term "drug related illegal activity" means the illegal manufacture,
sale, distribution, use, or possession with intent to manufacture, sell,
distribute, or use of a controlled substance (as defined in Section 102 of
the Controlled Substance Act [21 U.S.C. 802]).
2. Non-exclusive remedies. The crime free/drug free addendum is in addition to
all other terms of the lease and do not limit or replace any other provisions.
J. Posting. All Apartment Buildings shall post the Rental License issued for that
building. The Rental License shall be conspicuously posted (in a frame with a
glass covering), in a common area, hallway or lobby. All other Rental Dwellings
shall have a copy of the Rental License on the premises.
K. Applicable Laws. Rental Licenses shall be subject to the applicable provisions of
the City Code and state law relating to Rental Dwellings.
L. Transfer of License. No Rental License under this Section is transferable.
1. If any Owner holding a Rental License transfers ownership or legal control of
the Rental Dwelling that is the subject of the Rental License,
2. If appoints or changes the agent required under Subdivision 4(G) in this
Section, and/or
3. If authorizes a property manager to manage the Rental Dwelling (other than
a property manager identified in the application for the Rental License), then
the Owner shall provide the Code Official written notice of such event within
seventy-two (72) hours thereafter. Such notice shall include, as applicable:
a. The name and address of the person succeeding to the ownership or
control of such Rental Dwelling,
b. The name and address of the appointed agent; and
c. The name and address of the authorized property manager. Any new
Owner shall apply for a new Rental License within three (3) days after its
acquisition of the Rental Dwelling.
Subdivision S. Conduct On Licensed Premises
It shall be the responsibility of an Owner holding a Rental License to take appropriate
action to prevent conduct at the licensed Rental Dwelling by Tenants or their guests
constituting Disorderly Conduct. A violation of any of the following statutes or
ordinances shall be deemed Disorderly Conduct:
A. Minnesota Statutes, Sections 609.75 through 609.76, and City Code Section
10.66, which prohibit gambling;
B. Minnesota Statutes, Sections 609.321 through 609.324, which prohibits
prostitution and acts relating thereto;
Golden Valley City Code Page 6 of 11
§ 6.29
C. Minnesota Statutes, Sections 152.01 through 152.025, and Section 152.027,
Subdivisions 1. and 2., which prohibit the unlawful sale or possession of
controlled substances;
D. Minnesota Statutes, Section 340A.401, which prohibits the unlawful sale of
alcoholic beverages;
E. Minnesota Statutes, Section 340A.503, which prohibits the underage use of
alcoholic beverages;
F. Minnesota Statutes, Section 609.72 and City Code 10.60, 10.62, and 10.85
which prohibits Disorderly Conduct when the violation disturbs the peace and
quiet of the occupants of at least one (1) unit on the licensed premises or other
premises, other than the unit occupied by the person(s) committing the
violation; and
G. Minnesota Statutes, Sections 9713.021, 97B.045, 609.66 through 609.67 and
624.712 through 624.716 which prohibit the unlawful possession,
transportation, sale or use of a weapon.
Subdivision 6. Disorderly Conduct Violations
A. Disorderly Conduct at a Rental Dwelling shall be determined and handled by the
Police Department.
B. A determination that Disorderly Conduct has occurred at a Rental Dwelling shall
be made upon substantial evidence to support such a determination and shall be
subject to Minnesota Statutes, Section 504B.205, subd. 3. It shall not be
necessary that criminal charges be brought to support a determination of
Disorderly Conduct, nor shall the fact of dismissal or acquittal of such a criminal
charge Operate as a bar to adverse license action under this Section based on
such Disorderly Conduct.
C. Upon notification from the Police Department to the Code Official that there
have been three (3) or more events of Disorderly Conduct at a Rental Dwelling
with a thirty-six (36) month,period, the Code Official shall send a written
warning to the Owner of such Rental Dwelling, notifying the Owner that:
1. If there is an additional event of Disorderly Conduct at the identified Rental
Dwelling within the twelve (12) month period following the date of the
warning, such Disorderly Conduct shall constitute a violation of this Section
and shall entitle the City to the remedies set forth herein, including the
revocation, suspension, non-renewal or denial of a Rental License;
2. Within ten (10) days after the Code Official's issuance of the written warning,
the Owner shall submit to the Code Official and the Police Department, a
written management plan detailing the actions taken and proposed to be
taken by the Owner to prevent further Disorderly Conduct at the identified
Rental Dwelling;
Golden Valley City Code Page 7 of 11
§ 6.29
3. Within twenty (20) days after the acceptance of the management plan by the
Code Official and the Police Department, the Owner shall implement all the
provisions of the management plan; and
4. If the Owner fails to submit or implement a management plan as required,
such failure shall constitute a violation of this Section and shall entitle the
City to the remedies set forth herein, including the revocation, suspension,
non-renewal or denial of a Rental License.
D. If the Owner fails to provide or implement a management plan within the period
required, or there is an event of Disorderly Conduct at the Rental Dwelling
within twelve (12) months after the written warning, such failure shall be a
violation under this Section.
Subdivision 7. Revocation or Suspension of Rental License
A. In addition to its powers under City Code, Section 6.03, the City Council may
revoke, suspend, deny or decline to renew any Rental License applied for or
issued under this Section based on any of the following circumstances:
1. The Rental License was procured by misrepresentation of material facts with
regard to a Rental Dwelling or the ownership of a Rental Dwelling.
2. The applicant, or one acting in the applicant's behalf, made oral or written
misstatements accompanying the application.
3. The applicant has failed to comply with any condition set forth in any other
permits/licenses granted by the City.
4. The activities of the Owner create or have created a danger to the public
health, safety or welfare.
5. The Rental Dwelling, the building of which such dwelling is a part, or any
portion thereof, contains conditions that might injure, or endanger the
safety, health or welfare of any member of the public.
6. Failure to correct violations of the City's Property Maintenance Code in the
time period specified in the notice of violation and correction.
7. Failure to continuously comply with any condition required of the applicant
for the approval or maintenance of the Rental License.
8. Failure to include the crime free/drug free lease addendum in all leases as
required by Subdivision 4(I) of this Section.
9. A violation under Subdivision 6(D) of this Section.
10. Any other violation of this Section.
B. Prior to any revocation, suspension, denial or declination by the City Council
under this Section, the Code Official shall send written notice to the Owner
Golden Valley City Code Page 8 of 11
§ 6.29
specifying the ordinance or law violations with which they are accused and the
affected Rental Dwelling. The notice shall also specify the date for the hearing
before the City Council, which shall not be less than ten (10) days from the date
of the notice. At the hearing before the City Council, the Owner or their
representative may submit and present evidence on their behalf. After the
hearing, the City Council may revoke, suspend, deny or decline to renew the
Rental License.
C. If the affected Rental Dwelling is within a building containing more than one (1)
Rental Dwelling owned by the same Owner, the revocation, suspension, denial
or declination may apply to one (1) or more Rental Dwellings within that
building, at the discretion of the City Council.
D. If a Rental License is suspended, revoked or not renewed pursuant to this
Section, then until such time as a valid Rental License has been restored it shall
be unlawful for the Owner to thereafter permit any occupancy of the formerly
licensed Rental Dwelling by a Tenant. The affected Rental Dwelling shall be
vacated by all Tenants, giving Tenants a reasonable time to arrange new
housing and to move their possessions.
E. Rental Licenses may be suspended for up to one hundred twenty (120) days and
may, after the period of suspension, be reinstated subject to compliance with
this Section and any conditions imposed by the City at the time of suspension.
Rental Licenses that are revoked shall not be reinstated for a period of up to one
hundred twenty (120) days and until the Owner has applied for and secured a
new Rental License and complied with all conditions imposed at the time of
revocation and all applicable sections of the City Code.
Subdivision S. Maintenance Standards
Every Rental Dwelling shall be maintained in accordance with the minimum standards
set forth in state law and the City Code, in addition to any other permits issued by the
City or by the state.
Subdivision 9. Conflicts
Where there are conflicts between this Section and any other provision of the City
Code or other state or federal laws, regulations, or rules, the more restrictive shall
govern.
Subdivision 10. Enforcement
The Code Official is hereby authorized and directed to enforce all of the provisions of
this Section and all the provisions of the City's Property Maintenance Code with respect
to Rental Dwellings.
Subdivision 11. Owner and Tenant Responsibilities
A. Owner.
1. Owners of Rental Dwellings shall construct and maintain said dwellings in
accordance with the requirements of the City Code.
Golden Valley City Code Page 9 of 11
§ 6.29
2. No person shall lease to another for occupancy any Rental Dwelling which
does not comply with the applicable fire prevention provisions of the City
Code.
B. Tenant.
1. Each Tenant of a Rental Dwelling shall keep in a clean and sanitary condition
that part of the dwelling and related premises which that person occupies or
controls.
2. No person shall occupy any Rental Dwelling which does not comply with the
applicable fire prevention provisions of the City Code.
Subdivision 12. Notices and Orders of Code Official
A. Notice. Whenever the Code Official determines that a Rental Dwelling, a building
of which such dwelling is a part, or any portion thereof violates any Section of
the City Code or that there are reasonable grounds to believe that a violation
exists, notice shall be given in the manner set forth in Section 107 of the City's
Property Maintenance Code, provided in all instances such notice shall also be
provided to the applicable Owner, if such Section 107 does not require such
notice to be sent to the Owner.
B. Emergency Orders. Whenever the Code Official finds that an emergency exists in
relation to the enforcement of the provisions of this Section which requires
immediate action to protect the health, safety or welfare of occupants of any
Rental Dwelling, a building of which such dwelling is a part, or any portion
thereof, the Code Official may issue an order reciting the existence of such
emergency and requiring that such action be taken as deemed necessary to
meet the emergency, notwithstanding any other provision of this Section.
Subdivision 13. Administrative Citation
The Code Official may issue one (1) or more administrative citations under City Code,
Section 2.90, to enforce any provision in this Section and, in addition to imposing
monetary fines, such citations may require corrective actions.
Subdivision 14. Appeal Process
Any person directly affected by an administrative citation, decision or order issued by
the Code Official pursuant to this Section shall have the right to appeal to a hearing
officer in an administrative hearing as provided for in City Code, Section 2.91. The
City Council may establish by ordinance a fee that must accompany any such appeal
under this Section.
Subdivision 15. 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 Rental Dwelling or Dwelling Unit in the City and any representation to
the contrary by any person is a misdemeanor. Owners, their agents, property
managers and Tenants should take whatever steps they deem appropriate to protect
their interests, health, safety and welfare.
Golden Valley City Code Page 10 of 11
§ 6.29
Subdivision 16. Violation a Misdemeanor
Every person who violates a subdivision, paragraph or provision of this Section 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 except as otherwise stated in specific
provisions hereof.
Golden Valley City Code Page 11 of 11
ORDINANCE NO. 564, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Addition of Section 6.29: Licensing of Rental Housing
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code, Chapter 6 is hereby amended by adding a new Section 6.29,
entitled "Licensing of Rental Housing," reading as follows:
Section 6.29: Licensing of Rental Housing
Subdivision 1. Purpose
It is the purpose of this Section to provide minimum standards to safeguard life, limb,
health, property and public welfare by regulating and controlling the use and occupancy,
construction and maintenance of all residential rental units, buildings and structures within
the City. The provisions contained herein are in addition to other applicable provisions of
the City Code and not in lieu thereof.
Subdivision 2. Scope
The provisions of this Section shall apply to all Rental Dwellings, including rented single-
family homes, rented duplexes and Rental Dwellings within Owner-occupied buildings, as
well as to rented condominiums, rented townhouses and leasehold cooperative Dwelling
Units, as those terms are defined in Minnesota Statutes Section 273.124, Subd. 6,
Minnesota Statutes, Chapter 515A, and this Section.
Subdivision 3. Definitions
For the purposes of this Section, the following terms are defined as follows:
A. Annual Renewal Date: The date each year by when a Rental License must be
renewed, according to the schedule of fiscal years for Rental Licenses and fees
established by the City Council pursuant to City Code, Section 6.04. The City
Council may establish a different Annual Renewal Date for different types of Rental
Dwellings and/or types of building in which Rental Dwellings may be located (e.g.,
single-family homes, duplexes, townhomes, condominiums, homes with services,
etc.).
B. Apartment Building: A building in which four (4) or more Rental Dwellings are
located and all such Rental Dwellings are owned by the same Owner.
C. Code Official: The City Manager or the City Manager's his/her designee.
D. Disorderly Conduct: Shall have the meaning given such term in Subdivision 5 of
this Section.
E. Dwelling Unit: A single dwelling space providing independent living facilities for one
(1) or more persons, including permanent provisions for sleeping, eating, cooking,
and sanitation.
F. Operate: To charge a rental charge or other form of compensation for the use of a
Rental Dwelling.
Ordinance No. 564 - continued
G. Owner: The person owning or holding title to a Rental Dwelling as determined by an
examination of record title to the property at the office of the Hennepin County
Recorder - Registrar of Titles. If more than one (1) person owns or holds title to an
individual Rental Dwelling, such persons shall collectively be an Owner for purposes
of this Section.
H. Qualifying Relative: Spouse, parent, child, sibling, grandparent, grandchild, aunt,
uncle, niece or nephew. The relationship may be either by blood or marriage. The
Code Official may require sufficient written proof to establish whether someone is a
Qualifying Relative.
I. Person: A natural person or legal entity.
J. Property Manager: A person authorized to manage and/or operate a Rental
Dwelling on behalf of an Owner.
K. Renewal License: A Rental License that is a renewal of an existing Rental License
granted under this Section, which renewal is granted to the same Owner and for the
same Rental Dwelling as the existing Rental License.
L. Rental License: The license required under this Section, including any renewal
thereof.
M. Rental Dwelling: A Dwelling Unit in the City to which a Tenant has been granted the
right to use. A Rental Dwelling includes accessory structures such as garages and
storage buildings and appurtenances such as sidewalks and retaining walls which
are on the premises on which a Rental Dwelling is located.
N. Tenant: Any person granted temporary use of a Rental Dwelling, other than the
Owner of the Dwelling Unit and/or Qualifying Relative(s) of that Owner, pursuant to a
lease or other agreement, whether or not reduced to writing.
Subdivision 4. License Required
A. When required. No person shall operate a Rental Dwelling unless the Owner thereof
shall have first obtained a Rental License for such Rental Dwelling as provided for in
this Section. Any Rental License received under this Section shall commence upon
the date of issuance and, unless revoked or suspended, shall remain valid until the
next applicable Annual Renewal Date, provided no Rental License shall extend for
more than a twelve (12) month period. A person who is operating a Rental Dwelling
after the Rental License has expired is operating an unlicensed Rental Dwelling.
1. Exceptions:
a. A Rental Dwelling is not subject to this Section if it is within a hotel, motel,
hospital or a nursing home, assisted living, and other residential facilities or
portions thereof licensed and inspected by the state for compliance with state
building or fire codes or the City of Golden Valley Property Maintenance
Code. A Rental Dwelling within any of the following types of facilities is
subject to this Section unless the facility has a facility license issued by the
state and is inspected by the state for compliance with state building or fire
Ordinance No. 564 - continued
codes or the City's Property Maintenance Code: group homes, independent
living facilities, assisted living facilities, board and lodging homes, and other
residential facilities or portions thereof, including those facilities that provide
support services for their residents or that receive program reimbursement or
financial assistance.
b. A room temporarily leased to a natural person within a Dwelling Unit while the
Owner of that Dwelling Unit resides in the Dwelling Unit shall not be subject to
this Section, provided no more than three (3) persons shall so lease a room
within a Dwelling Unit at one time.
B. What the Rental License Covers. There shall be one (1) Rental License for each
Rental Dwelling, provided when a building or buildings on a single premises contain
two (2) or more Rental Dwellings and all the Rental Dwellings within such building(s)
are owned by the same Owner, only one (1) Rental License shall be required for
such building(s). The City shall have authority to exercise its licensing powers under
this Section, including the power to issue, renew, deny, revoke, and suspend Rental
Licenses, with respect to an entire building or only a portion of a building.
C. Fees. There shall be annual license fee for each Rental License. Such fee shall be
in the amount established by the City Council pursuant to City Code, Section 6.04.
There shall be no proration of Rental License fees for a Rental License that extends
for less than twelve (12) months. The amount of the Rental License fee may vary
based on the type of Rental Dwelling, the type of building in which the Rental
Dwelling is located, and/or the number of Rental Dwellings located in the building(s)
that is the subject of a Rental License. There shall be no fee charged for an initial
inspection to determine the existence of any violations of the City Code at a Rental
Dwelling. The City Council shall establish a fee for any reinspections necessary to
determine whether identified violations have been corrected, to restore a Rental
License that has been revoked or suspended, or for any other reason a reinspection
may be required under this Section. The Code Official may waive the reinspection
fee in event of an error or other reasonable cause determined by the Code Official,
including extension of time granted for compliance.
D. Application. Application for a Rental License shall be made in writing on forms
promulgated by the City Manager or his/her designee and accompanied by the fee
amount. In the case of a license renewal, such application shall be submitted at least
thirty (30) days prior to the expiration date of the then existing Rental License. If the
application for a license renewal is not received by the City at least thirty (30) days
prior to the expiration date of the existing Rental License, the applicant shall pay a
late fee in the amount established by the City Council. The Code Official may waive
the late fee in event of an error or other reasonable cause determined by the Code
Official. All applications shall specify the following:
1. Name, address, and telephone number of the Owner of the Rental Dwelling,
including name of the contact person if the Owner is a legal entity.
2. Name, address, and telephone number of any property manager actively
managing said Rental Dwelling.
Ordinance No. 564 - continued
3. Name and address of the vendee if the Rental Dwelling is owned or being sold
on a contract for deed.
4. Legal address of the Rental Dwelling.
5. Number of Rental Dwellings that are the subject of the application if the
application involves a building in which two (2) or more Rental Dwellings are
located and all such Rental Dwellings are owned by the same Owner.
6. Name, address and telephone number of on-site operating manager, if any.
7. Any other information requested by the Code Official to establish compliance
under this Section.
8. If the Owner identified in the application is a legal entity, the applicant shall
submit, upon request of the Code Official, the name and address of all partners,
shareholders or interest holders.
E. Inspections Required. Each Rental License application and Rental License is at all
times subject to the Code Official's right to inspect the affected Rental Dwelling to
determine whether it is in compliance with the City Code and state law. The Code
Official shall determine the schedule of periodic inspections. Inspections may include
all common areas, utility and mechanical rooms, garages, exterior of structures and
exterior property areas.
F. Access for Inspection. No Rental License shall be issued under this Section unless
the Owner of the Rental Dwelling agrees to permit inspections, upon reasonable
notice from the Code Official to the Owner, to determine compliance with the City
Code and state law. The submission of a Rental License application or the
possession of a Rental License issued by the City shall constitute such agreement
by the Owner identified in the application or on the Rental License. Each Tenant
shall grant access to any part of its Rental Dwelling at reasonable times for the
purpose of effecting inspection, maintenance, repairs or alterations as are necessary
to comply with the provisions of this Section. If any Owner, Owner's agent, property
manager or Tenant fails or refuses to permit entry to a Rental Dwelling under its
control for an inspection pursuant to this Section, the Code Official may pursue any
remedy at law or under the City Code, including, but not limited to, securing an
administrative search warrant for the Rental Dwelling, issuing an administrative
citation, denying a Rental License application, revoking or suspending a Rental
License, or denying a renewal license. Without limiting the foregoing, should an
Owner, Owner's agent, or property manager fail to keep a scheduled inspection
without reasonable cause or refuse to permit entry to the Rental Dwelling, a
reinspection fee may be charged.
G. Resident Agent Required. No Rental License shall be issued for a Rental Dwelling
unless:
1. The Owner thereof resides within the counties of Hennepin, Ramsey, Anoka,
Carver, Dakota, Scott, Washington, Sherburne or Wright or
Ordinance No. 564 - continued
2. The Owner designates in writing an agent or property manager residing or
located within such counties who is responsible for maintenance and upkeep of
the Rental Dwelling and who is authorized to provide the Code Official access to
the Rental Dwelling, to receive service of notice of violations of the City Code, to
receive orders from the Code Official and to institute remedial action to effect
such orders and to accept all service of process pursuant to law.
H. Crime Free Training. An Owner or property manager who owns or manages more
than one (1) Rental Dwelling in the City must complete a Crime Free Training
program (or similar program) approved by the City's Police Department. No renewal
license shall be granted unless the Owner (and property manager, if any) identified
on the Rental License application has completed such training within the three (3)
year period immediately preceding the date of such application. If a Rental Dwelling
owned by a person who is not required to complete this training pursuant to the
foregoing and that Rental Dwelling is the subject of three (3) or more events of
Disorderly Conduct within a three hundred and sixty-five (365) day period, that
person must complete the training before a renewal license may be granted for that
Rental Dwelling.
I. Crime Free/Drug Free Lease Addendum Requirements.
1. Subject to any preemptory state and federal laws, all signed Tenant leases,
including any lease renewal, for a Rental Dwelling executed after January 1,
2017, shall contain the following crime free addendum language or equivalent
language:
a. Tenant, any members of the Tenant's household or a guest or other person
affiliated with the Tenant shall not engage in illegal activity, including drug-
related illegal activity, on or near the premises.
b. Tenant, any member of the Tenant's household or a guest or other person
affiliated with the Tenant shall not engage in any act intended to facilitate
illegal activity, including drug-related illegal activity, on or near the premises.
c. Tenant, any member of the Tenant's household or a guest or other person
affiliated with the Tenant shall not permit the Rental Dwelling to be used for,
or to facilitate illegal activity, including drug-related illegal activity, regardless
of whether the individual engaging in such activity is a member of the
household or a guest.
d. Tenant, any member of the Tenant's household or a guest, or other person
affiliated with the Tenant shall not engage in the unlawful manufacturing,
selling, using, storing, keeping, or giving of a controlled substance (as defined
in Section 102 of the Controlled Substance Act [21 U.S.C. 802]) on or near
the premises.
e. Violation of the above provisions shall be a material and irreparable violation
of the lease and good cause for immediate termination of tenancy.
Ordinance No. 564 - continued
f. The term "drug related illegal activity" means the illegal manufacture, sale,
distribution, use, or possession with intent to manufacture, sell, distribute, or
use of a controlled substance (as defined in Section 102 of the Controlled
Substance Act [21 U.S.C. 802]).
2. Non-exclusive remedies. The crime free/drug free addendum is in addition to all
other terms of the lease and do not limit or replace any other provisions.
J. Posting. All Apartment Buildings shall post the Rental License issued for that
building. The Rental License shall be conspicuously posted (in a frame with a glass
covering), in a common area, hallway or lobby. All other Rental Dwellings shall have
a copy of the Rental License on the premises.
K. Applicable Laws. Rental Licenses shall be subject to the applicable provisions of the
City Code and state law relating to Rental Dwellings.
L. Transfer of License. No Rental License under this Section is transferable.
1. If any Owner holding a Rental License transfers ownership or legal control of the
Rental Dwelling that is the subject of the Rental License,
2. If appoints or changes the agent required under Subdivision 4(G) in this Section,
and/or
3. If authorizes a property manager to manage the Rental Dwelling (other than a
property manager identified in the application for the Rental License), then the
Owner shall provide the Code Official written notice of such event within seventy-
two (72) hours thereafter. Such notice shall include, as applicable:
a. The name and address of the person succeeding to the ownership or control
of such Rental Dwelling,
b. The name and address of the appointed agent; and
c. The name and address of the authorized property manager. Any new Owner
shall apply for a new Rental License within three (3) days after its acquisition
of the Rental Dwelling.
Subdivision 5. Conduct On Licensed Premises
It shall be the responsibility of an Owner holding a Rental License to take appropriate
action to prevent conduct at the licensed Rental Dwelling by Tenants or their guests
constituting Disorderly Conduct. A violation of any of the following statutes or ordinances
shall be deemed Disorderly Conduct:
A. Minnesota Statutes, Sections 609.75 through 609.76, and City Code Section 10.66,
which prohibit gambling;
B. Minnesota Statutes, Sections 609.321 through 609.324, which prohibits prostitution
and acts relating thereto;
Ordinance No. 564 - continued
C. Minnesota Statutes, Sections 152.01 through 152.025, and Section 152.027,
Subdivisions 1. and 2., which prohibit the unlawful sale or possession of controlled
substances;
D. Minnesota Statutes, Section 340A.401, which prohibits the unlawful sale of alcoholic
beverages;
E. Minnesota Statutes, Section 340A.503, which prohibits the underage use of
alcoholic beverages;
F. Minnesota Statutes, Section 609.72 and City Code 10.60, 10.62, and 10.85 which
prohibits Disorderly Conduct when the violation disturbs the peace and quiet of the
occupants of at least one (1) unit on the licensed premises or other premises, other
than the unit occupied by the person(s) committing the violation; and
G. Minnesota Statutes, Sections 9713.021, 97B.045, 609.66 through 609.67 and
624.712 through 624.716 which prohibit the unlawful possession, transportation,
sale or use of a weapon.
Subdivision 6. Disorderly Conduct Violations
A. Disorderly Conduct at a Rental Dwelling shall be determined and handled by the
Police Department.
B. A determination that Disorderly Conduct has occurred at a Rental Dwelling shall be
made upon substantial evidence to support such a determination and shall be
subject to Minnesota Statutes, Section 5048.205, subd. 3. It shall not be necessary
that criminal charges be brought to support a determination of Disorderly Conduct,
nor shall the fact of dismissal or acquittal of such a criminal charge Operate as a bar
to adverse license action under this Section based on such Disorderly Conduct.
C. Upon notification from the Police Department to the Code Official that there have
been three (3) or more events of Disorderly Conduct at a Rental Dwelling with a
thirty-six (36) month period, the Code Official shall send a written warning to the
Owner of such Rental Dwelling, notifying the Owner that:
1. If there is an additional event of Disorderly Conduct at the identified Rental
Dwelling within the twelve (12) month period following the date of the warning,
such Disorderly Conduct shall constitute a violation of this Section and shall
entitle the City to the remedies set forth herein, including the revocation,
suspension, non-renewal or denial of a Rental License;
2. Within ten (10) days after the Code Official's issuance of the written warning, the
Owner shall submit to the Code Official and the Police Department, a written
management plan detailing the actions taken and proposed to be taken by the
Owner to prevent further Disorderly Conduct at the identified Rental Dwelling;
3. Within twenty (20) days after the acceptance of the management plan by the
Code Official and the Police Department, the Owner shall implement all the
provisions of the management plan; and
Ordinance No. 564 - continued
4. If the Owner fails to submit or implement a management plan as required, such
failure shall constitute a violation of this Section and shall entitle the City to the
remedies set forth herein, including the revocation, suspension, non-renewal or
denial of a Rental License.
D. If the Owner fails to provide or implement a management plan within the period
required, or there is an event of Disorderly Conduct at the Rental Dwelling within
twelve (12) months after the written warning, such failure shall be a violation under
this Section.
Subdivision 7. Revocation or Suspension of Rental License
A. In addition to its powers under City Code, Section 6.03, the City Council may revoke,
suspend, deny or decline to renew any Rental License applied for or issued under
this Section based on any of the following circumstances:
1. The Rental License was procured by misrepresentation of material facts with
regard to a Rental Dwelling or the ownership of a Rental Dwelling.
2. The applicant, or one acting in the applicant's behalf, made oral or written
misstatements accompanying the application.
3. The applicant has failed to comply with any condition set forth in any other
permits/licenses granted by the City.
4. The activities of the Owner create or have created a danger to the public health,
safety or welfare.
5. The Rental Dwelling, the building of which such dwelling is a part, or any portion
thereof, contains conditions that might injure, or endanger the safety, health or
welfare of any member of the public.
6. Failure to correct violations of the City's Property Maintenance Code in the time
period specified in the notice of violation and correction.
7. Failure to continuously comply with any condition required of the applicant for the
approval or maintenance of the Rental License.
8. Failure to include the crime free/drug free lease addendum in all leases as
required by Subdivision 4(I) of this Section.
9. A violation under Subdivision 6(D) of this Section.
10. Any other violation of this Section.
B. Prior to any revocation, suspension, denial or declination by the City Council under
this Section, the Code Official shall send written notice to the Owner specifying the
ordinance or law violations with which they are accused and the affected Rental
Dwelling. The notice shall also specify the date for the hearing before the City
Council, which shall not be less than ten (10) days from the date of the notice. At the
hearing before the City Council, the Owner or their representative may submit and
Ordinance No. 564 - continued
present evidence on their behalf. After the hearing, the City Council may revoke,
suspend, deny or decline to renew the Rental License.
C. If the affected Rental Dwelling is within a building containing more than one (1)
Rental Dwelling owned by the same Owner, the revocation, suspension, denial or
declination may apply to one (1) or more Rental Dwellings within that building, at the
discretion of the City Council.
D. If a Rental License is suspended, revoked or not renewed pursuant to this Section,
then until such time as a valid Rental License has been restored it shall be unlawful
for the Owner to thereafter permit any occupancy of the formerly licensed Rental
Dwelling by a Tenant. The affected Rental Dwelling shall be vacated by all Tenants,
giving Tenants a reasonable time to arrange new housing and to move their
possessions.
E. Rental Licenses may be suspended for up to one hundred twenty (120) days and
may, after the period of suspension, be reinstated subject to compliance with this
Section and any conditions imposed by the City at the time of suspension. Rental
Licenses that are revoked shall not be reinstated for a period of up to one hundred
twenty (120) days and until the Owner has applied for and secured a new Rental
License and complied with all conditions imposed at the time of revocation and all
applicable sections of the City Code.
Subdivision 8. Maintenance Standards
Every Rental Dwelling shall be maintained in accordance with the minimum standards set
forth in state law and the City Code, in addition to any other permits issued by the City or by
the state.
Subdivision 9. Conflicts
Where there are conflicts between this Section and any other provision of the City Code or
other state or federal laws, regulations, or rules, the more restrictive shall govern.
Subdivision 10. Enforcement
The Code Official is hereby authorized and directed to enforce all of the provisions of this
Section and all the provisions of the City's Property Maintenance Code with respect to
Rental Dwellings.
Subdivision 11. Owner and Tenant Responsibilities
A. Owner.
1. Owners of Rental Dwellings shall construct and maintain said dwellings in
accordance with the requirements of the City Code.
2. No person shall lease to another for occupancy any Rental Dwelling which does
not comply with the applicable fire prevention provisions of the City Code.
B. Tenant.
Ordinance No. 564 - continued
1. Each Tenant of a Rental Dwelling shall keep in a clean and sanitary condition
that part of the dwelling and related premises which that person occupies or
controls.
2. No person shall occupy any Rental Dwelling which does not comply with the
applicable fire prevention provisions of the City Code.
Subdivision 12. Notices and Orders of Code Official
A. Notice. Whenever the Code Official determines that a Rental Dwelling, a building of
which such dwelling is a part, or any portion thereof violates any Section of the City
Code or that there are reasonable grounds to believe that a violation exists, notice
shall be given in the manner set forth in Section 107 of the City's Property
Maintenance Code, provided in all instances such notice shall also be provided to
the applicable Owner, if such Section 107 does not require such notice to be sent to
the Owner.
B. Emergency Orders. Whenever the Code Official finds that an emergency exists in
relation to the enforcement of the provisions of this Section which requires
immediate action to protect the health, safety or welfare of occupants of any Rental
Dwelling, a building of which such dwelling is a part, or any portion thereof, the Code
Official may issue an order reciting the existence of such emergency and requiring
that such action be taken as deemed necessary to meet the emergency,
notwithstanding any other provision of this Section.
Subdivision 13. Administrative Citation
The Code Official may issue one (1) or more administrative citations under City Code,
Section 2.90, to enforce any provision in this Section and, in addition to imposing monetary
fines, such citations may require corrective actions.
Subdivision 14. Appeal Process
Any person directly affected by an administrative citation, decision or order issued by the
Code Official pursuant to this Section shall have the right to appeal to a hearing officer in
an administrative hearing as provided for in City Code, Section 2.91. The City Council may
establish by ordinance a fee that must accompany any such appeal under this Section.
Subdivision 15. 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
Rental Dwelling or Dwelling Unit in the City and any representation to the contrary by any
person is a misdemeanor. Owners, their agents, property managers and Tenants should
take whatever steps they deem appropriate to protect their interests, health, safety and
welfare.
Subdivision 16. Violation a Misdemeanor
Every person who violates a subdivision, paragraph or provision of this Section 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 except as otherwise stated in specific provisions hereof.
Ordinance No. 564 - continued
Section 2. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 6.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though
repeated verbatim herein.
Section 3. This Ordinance shall take effect from and after its passage and
publication as required by law.
Adopt by the City Council this 7th day of July, 2015.
/s/Shepard M. Harris
Shepard M. Harris, Mayor
ATTEST:
/s/Kristine A. Luedke
Kristine A. Luedke, City Clerk
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763-593-8079/763-593-8098(fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 7, 2015
Agenda Item
6. C. First Consideration -Amendment to City Code Regarding Administrative Citations
Prepared By
John Crelly, Fire Chief
Rick Hammerschmidt, Deputy Fire Chief
Summary
At the June 9, 2015, Council/Manager meeting, staff presented Council with amendments to the
City Code to expand the use of administrative fines. Council requested that staff proceed with the
amendment changes.
Currently administrative fines are used effectively with the enforcement of the Housing
Maintenance code and the amendments would expand it to all sections of the City Code. Under
the new ordinance, staff recommended that the City use an Administrative Hearing Officer for
any appeals to a citations.
Attachments
• City Code Section 2.90 Administrative Citations Underlined/Overscored Version (5 pages)
• City Code Section 2.90 Administrative Citations Clean Version (5 pages)
• City Code Section 2.91 Administrative Hearing Procedures Underlined/Overscored Version (3
pages)
• City Code Section 2.91 Administrative Hearing Procedures Clean Version (3 pages)
• City Code Section 2.14 Administrative Appeal Underlined/Overscored Version (1 page)
• City Code Section 2.14 Administrative Appeal Clean Version (1 page)
• City Code Section 4.20 Sign Permits and Regulations Underlined/Overscored Version (2 pages)
• City Code Section 4.20 Sign Permits and Regulations Clean Version (1 page)
• City Code Section 5.02 Applications and Licenses Under this Chapter- Procedure and
Administration Underlined/Overscored Version (2 pages)
• City Code Section 5.02 Applications and Licenses Under this Chapter- Procedure and
Administration Clean Version (2 pages)
• City Code Section 6.03 Action on Applications, Transfer, Termination, and Duplicate Licenses
Underlined/Overscored Version (1 page)
• City Code Section 6.03 Action on Applications, Transfer, Termination, and Duplicate Licenses
Clean Version (1 page)
• City Code Section 6.34 Tobacco Underlined/Overscored Version (1 page)
• City Code Section 6.34 Tobacco Clean Version (1 page)
• City Code Section 10.53 Graffiti Underlined/Overscored Version (2 pages)
• City Code Section 10.53 Graffiti Clean Version (1 page)
• Ordinance#565, addition of New Sections 2.90: Administrative Citations and 2.91
Administrative Hearing Procedures and Amending Sections 2.14: Right to Administrative
Appeal, 4.20: Sign Permits and Regulations, 5.02: Applications and Licenses - Procedure and
Administration, 6.03: Action on Application, Transfer, Termination, and Duplicate License,
6.34: Tobacco and Section 10.53: Graffiti (9 pages)
Recommended Action
Motion to adopt first consideration Ordinance#565, amending the City Code regarding
Administrative Citations.
§ 2.90
Section 2.90: Administrative Citations
Subdivision 1. Purpose
The City Council finds that there is a need for alternative methods of enforcing the
City Code. While criminal fines and penalties have been the most frequent
enforcement mechanism, there are certain negative consequences for both the City
and the accused. The delay inherent in that system does not ensure prompt
resolution. The higher burden of proof and the potential of incarceration do not appear
appropriate for most Code violations; and the criminal process does not always regard
City Code violations as being important. Accordingly, the City Council finds that the
use of administrative citations and the imposition of civil penalties is a legitimate and
necessary alternative method of enforcement that will be a cost effective and
expeditious alternative to traditional criminal fines and penalties. Administrative
citations are in addition to any other legal remedy which may be pursued for City
Code violations and the City, in its discretion, may choose not to initiate the
administrative citation and procedures set forth in this Section, and may bring criminal
charges or seek any other remedy or penalty_permitted under the City Code or other
applicable law in the first or succeeding instances.
Subdivision 2. Scope
A. The administrative procedures and penalties in this Section may be used for
any violation of the City Code, or any violation of the terms and conditions of a
City approval, including permits and licenses, required and granted under the
City Code. Except as expressly_provided in this Section, the provisions of this
Section may be used concurrently with or in addition to any other procedure or
remedy, criminal or civil, the City may pursue under City Code, state law, or
federal law. Nothing herein restricts the right of the City to enter property
immediately or to seek other remedies in emergency or other situations as
authorized by City Code, state law, or federal law. Where differences occur
between provisions of this Section and other applicable City Code Sections, this
Section controls to the extent of such differences. No provision of the City Code
that provides a criminal procedure or penalty, or an administration or civil
procedure or penalty, for a violation of the City Code shall preclude the
application of this Section in its entirety to such violation.
B. The penalties and procedures provided in this Section shall be applicable to
every Section and chapter of the City Code, the same as though this Section
were a part of each separate Section and chapter.
C. It is the intention of the City Council that the penalties and procedures provided
by this Section shall apply to any amendment of the City Code, whether or not
such penalty is reenacted in the amendatory ordinance, unless otherwise
provided in the amendatory ordinance.
D. Section 2.12, Subdivision 3, of the City Code shall not apply to this Section.
Golden Valley City Code Page 1 of 5
§ 2.90
Subdivision 3. General Provisions
A. A violation of a provision of the City Code, or a violation of the terms and
conditions of a City approval, including permits and licenses, required and
granted under the City Code, is an administrative offense that may be subject
to an administrative citation and civil penalties set forth herein; provided an
administrative offense shall not include any such violation subject to the
Uniform Traffic Regulations Act in Chapter 169 of the Minnesota Statutes.
B. Unless expressly provided otherwise in the City Code, each day a violation
exists constitutes a separate administrative offense.
C. The City Council shall adopt by ordinance a schedule of penalties for offenses
that may be initiated by administration citation.
D. The City Council may adopt by resolution a schedule of fees to be paid to
administrative hearing officers for his or her services.
E. The maximum monetary penalty for a single administrative offense may not
exceed the maximum monetary fine authorized by state law for misdemeanor
offenses or the maximum monetary_penalty authorized by state law for an
administrative process; provided for purposes of determining the amount of the
monetary_penalty the cost of any required compliance actions and any
consequences of a revoked or suspended license shall not be included.
F. The City Manager or his/her designee is authorized to promulgate rules and
forms to implement the procedures herein.
Subdivision 4. Administrative Citation.
A. Any person with authority to enforce the City Code may, upon a reasonable
belief that there has been a violation thereof (or a violation of the terms and
conditions of a City approval, including permits and licenses, required and
granted under the City Code) issue an administrative citation to the violator or
party responsible for the violation in one of the following ways:
1. By personal service upon the owner of the property or an occupant of
suitable age residing at the property where the violation occurred, or in the
case of a business or corporation, the citation may be served upon a
manager on the premises or to a corporate officer;
2. By first class mail to a person identified in Subdivision 4(A)(1);
3. By posting the citation in a conspicuous place on or near the main entrance
when it reasonably appears the property is occupied but the occupants are
not available or willing to accept personal service, and where the property is
not a licensed rental dwelling;
Golden Valley City Code Page 2 of 5
§ 2.90
4. By posting the citation in a conspicuous place on or near the main entrance
and mailing by first class mail a notice of the citation to the owner of record
where it reasonably appears the property is vacant or abandoned; or
5. By posting the citation in a conspicuous place on or near the main entrance
and mailing by first class mail notice of the citation to the licensee when the
property is a rental dwelling licensed by the City
B. 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
person issuing the administrative citation, the civil penalty, where when and
in what manner any fine must be paid, a brief description of the process to
contest required compliance or abatement actions (if applicable) and any other
information the City Manager or his/her designee deems applicable.
C. If the City seeks to impose more than one penalty for a continuing violation, a
separate citation shall be issued for each violation date.
Subdivision 5. Responding to an Administrative Citation
A. A party who has received an administrative citation must, within twenty (20)
days after the administrative citation is issued, pay the amount of any fine set
forth therein or, if the party desires to contest the administrative citation,
request a hearing as set forth in Subdivision 9 of this Section.
B. Any fine may be paid in person at City Hall, by mail or by other method set
forth in the administrative citation.
C. Payment of any fine shall be deemed a final admission of the violation and
thereafter the City shall not bring a criminal charge for the same violation.
D. Payment of any fine 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, including
without limitation the issuance of additional administrative citations.
Subdivision 6. Recovery of Civil Fines
A. If a fine imposed by an administrative citation is not paid within the time
specified, it constitutes:
1. A personal obligation of the violator; and
2. A lien upon the real property upon which the violation occurred if the
property or improvements on the property were the subject of the violation
and the property owner was responsible for that violation.
B. A lien may be assessed against the property and collected in the same manner
as taxes. The lien may include the administrative and legal costs incurred by
the City in connection with collecting the unpaid administrative penalty.
Golden Valley City Code Page 3 of 5
§ 2.90
C. A personal obligation may be collected by any appropriate legal means
D. A late payment fee of ten percent (10%) of the fine amount will be assessed for
each thirty (30) day period, or part thereof, that the fine remains unpaid after
the due date.
E. During the time that a fine remains unpaid, no City approval will be granted for
a license, permit, or other City approval sought by the violator or for property
under the violator's ownership or control.
F. Failure to pay a fine is grounds for suspending, revoking, denying, or not
renewing a license or permit associated with the violation.
G. mon failure to pay the fine within the time specified, the City may elect to
charge the initial violation as a petty misdemeanor or misdemeanor charge, and
the administrative offense procedure set forth in this Section shall no longer
apply to such violation.
H. This foregoing of this Subdivision 6 shall be an additional remedy and not in lieu
of any other penalty_provided for in City Code or state law.
Subdivision 7. Optional Procedure
The City, in its sole discretion, may choose not to utilize the administrative citations
and procedures provided for under this Section for any violation of the City Code and
may instead bring criminal charges or any other remedy (including civil fines)
permitted by the City Code, state law or federal law. In the event a party participates
in the administrative citation procedures set forth in this Section, but does not comply
with the civil penalty imposed and the party is not otherwise absolved of the
administrative offense, the City mak 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 S. Disposition of Penalties
All civil fines collected pursuant to this Section shall be paid to the City and deposited
into the general fund.
Subdivision 9. ADDeal Process.
A. Any person directly affected by an administrative citation issued pursuant to
this Section shall have the right to appeal to a hearing officer as provided for in
Section 2.91 of the City Code.
B. The failure to pay the fine or request a hearing within twenty (20) days after
the citation along with the appeal processing fee, or the failure to attend the
hearing, constitutes a waiver of the violator's rights to an administrative
hearing and is an admission of the violation. A hearing officer may waive this
result upon good cause shown. Examples of "good cause": death or
incapacitating illness of the accused; a court order requiring the accused to
Golden Valley City Code Page 4 of 5
§ 2.90
appear for another hearing at the same time; and lack of proper service of the
citation or notice of the hearing. "Good cause" does not include forgetfulness
and intentional delay.
C. If the final adjudication of the administrative citation under the appeal
procedure is a finding of no violation, then the City may not prosecute a
criminal violation based on the same set of facts. This does not preclude the
City from pursuing a criminal conviction for a violation of the same provision
based on a different set of facts. A different date of violation will constitute a
different set of facts.
D. 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.
The following are separate violations of the City Code, punishable as misdemeanors in
accordance with state law:
A. Unless a notice of appeal has been timely filed, failure to pay the civil fine
within the time required after issuance of an administrative citation.
B. Failure, without good cause, to appear at a hearing which was scheduled
under Subdivision 9; and
C. Failure to pay a fine imposed by a hearing officer within thirty (30) days after
it was imposed, or such other time as may be established by the hearing
officer, unless the judicial review has been sought for the matter in
accordance with state law.
Golden Valley City Code Page 5 of 5
§ 2.90
Section 2.90: Administrative Citations
Subdivision 1. Purpose
The City Council finds that there is a need for alternative methods of enforcing the
City Code. While criminal fines and penalties have been the most frequent
enforcement mechanism, there are certain negative consequences for both the City
and the accused. The delay inherent in that system does not ensure prompt
resolution. The higher burden of proof and the potential of incarceration do not appear
appropriate for most Code violations; and the criminal process does not always regard
City Code violations as being important. Accordingly, the City Council finds that the
use of administrative citations and the imposition of civil penalties is a legitimate and
necessary alternative method of enforcement that will be a cost effective and
expeditious alternative to traditional criminal fines and penalties. Administrative
citations are in addition to any other legal remedy which may be pursued for City
Code violations and the City, in its discretion, may choose not to initiate the
administrative citation and procedures set forth in this Section, and may bring criminal
charges or seek any other remedy or penalty permitted under the City Code or other
applicable law in the first or succeeding instances.
Subdivision 2. Scope
A. The administrative procedures and penalties in this Section may be used for
any violation of the City Code, or any violation of the terms and conditions of a
City approval, including permits and licenses, required and granted under the
City Code. Except as expressly provided in this Section, the provisions of this
Section may be used concurrently with or in addition to any other procedure or
remedy, criminal or civil, the City may pursue under City Code, state law, or
federal law. Nothing herein restricts the right of the City to enter property
immediately or to seek other remedies in emergency or other situations as
authorized by City Code, state law, or federal law. Where differences occur
between provisions of this Section and other applicable City Code Sections, this
Section controls to the extent of such differences. No provision of the City Code
that provides a criminal procedure or penalty, or an administration or civil
procedure or penalty, for a violation of the City Code shall preclude the
application of this Section in its entirety to such violation.
B. The penalties and procedures provided in this Section shall be applicable to
every Section and chapter of the City Code, the same as though this Section
were a part of each separate Section and chapter.
C. It is the intention of the City Council that the penalties and procedures provided
by this Section shall apply to any amendment of the City Code, whether or not
such penalty is reenacted in the amendatory ordinance, unless otherwise
provided in the amendatory ordinance.
D. Section 2.12, Subdivision 3, of the City Code shall not apply to this Section.
Golden Valley City Code Page 1 of 5
§ 2.90
Subdivision 3. General Provisions
A. A violation of a provision of the City Code, or a violation of the terms and
conditions of a City approval, including permits and licenses, required and
granted under the City Code, is an administrative offense that may be subject
to an administrative citation and civil penalties set forth herein; provided an
administrative offense shall not include any such violation subject to the
Uniform Traffic Regulations Act in Chapter 169 of the Minnesota Statutes.
B. Unless expressly provided otherwise in the City Code, each day a violation
exists constitutes a separate administrative offense.
C. The City Council shall adopt by ordinance a schedule of penalties for offenses
that may be initiated by administration citation.
D. The City Council may adopt by resolution a schedule of fees to be paid to
administrative hearing officers for his or her services.
E. The maximum monetary penalty for a single administrative offense may not
exceed the maximum monetary fine authorized by state law for misdemeanor
offenses or the maximum monetary penalty authorized by state law for an
administrative process; provided for purposes of determining the amount of the
monetary penalty the cost of any required compliance actions and any
consequences of a revoked or suspended license shall not be included.
F. The City Manager or his/her designee is authorized to promulgate rules and
forms to implement the procedures herein.
Subdivision 4. Administrative Citation.
A. Any person with authority to enforce the City Code may, upon a reasonable
belief that there has been a violation thereof (or a violation of the terms and
conditions of a City approval, including permits and licenses, required and
granted under the City Code) issue an administrative citation to the violator or
party responsible for the violation in one of the following ways:
1. By personal service upon the owner of the property or an occupant of
suitable age residing at the property where the violation occurred, or in the
case of a business or corporation, the citation may be served upon a
manager on the premises or to a corporate officer;
2. By first class mail to a person identified in Subdivision 4(A)(1);
3. By posting the citation in a conspicuous place on or near the main entrance
when it reasonably appears the property is occupied but the occupants are
not available or willing to accept personal service, and where the property is
not a licensed rental dwelling;
Golden Valley City Code Page 2 of 5
§ 2.90
4. By posting the citation in a conspicuous place on or near the main entrance
and mailing by first class mail a notice of the citation to the owner of record
where it reasonably appears the property is vacant or abandoned; or
5. By posting the citation in a conspicuous place on or near the main entrance
and mailing by first class mail, notice of the citation to the licensee when the
property is a rental dwelling licensed by the City
B. 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
person issuing the administrative citation, the civil penalty, where, by when and
in what manner any fine must be paid, a brief description of the process to
contest, required compliance or abatement actions (if applicable) and any other
information the City Manager or his/her designee deems applicable.
C. If the City seeks to impose more than one penalty for a continuing violation, a
separate citation shall be issued for each violation date.
Subdivision S. Responding to an Administrative Citation
A. A party who has received an administrative citation must, within twenty (20)
days after the administrative citation is issued, pay the amount of any fine set
forth therein or, if the party desires to contest the administrative citation,
request a hearing as set forth in Subdivision 9 of this Section.
B. Any fine may be paid in person at City Hall, by mail or by other method set
forth in the administrative citation.
C. Payment of any fine shall be deemed a final admission of the violation and
thereafter the City shall not bring a criminal charge for the same violation.
D. Payment of any fine 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, including
without limitation the issuance of additional administrative citations.
Subdivision 6. Recovery of Civil Fines
A. If a fine imposed by an administrative citation is not paid within the time
specified, it constitutes:
1. A personal obligation of the violator; and
2. A lien upon the real property upon which the violation occurred if the
property or improvements on the property were the subject of the violation
and the property owner was responsible for that violation.
B. A lien may be assessed against the property and collected in the same manner
as taxes. The lien may include the administrative and legal costs incurred by
the City in connection with collecting the unpaid administrative penalty.
Golden Valley City Code Page 3 of 5
§ 2.90
C. A personal obligation may be collected by any appropriate legal means.
D. A late payment fee of ten percent (10%) of the fine amount will be assessed for
each thirty (30) day period, or part thereof, that the fine remains unpaid after
the due date.
E. During the time that a fine remains unpaid, no City approval will be granted for
a license, permit, or other City approval sought by the violator or for property
under the violator's ownership or control.
F. Failure to pay a fine is grounds for suspending, revoking, denying, or not
renewing a license or permit associated with the violation.
G. Upon failure to pay the fine within the time specified, the City may elect to
charge the initial violation as a petty misdemeanor or misdemeanor charge, and
the administrative offense procedure set forth in this Section shall no longer
apply to such violation.
H. This foregoing of this Subdivision 6 shall be an additional remedy and not in lieu
of any other penalty provided for in City Code or state law.
Subdivision 7. Optional Procedure
The City, in its sole discretion, may choose not to utilize the administrative citations
and procedures provided for under this Section for any violation of the City Code and
may instead bring criminal charges or any other remedy (including civil fines)
permitted by the City Code, state law or federal law. In the event a party participates
in the administrative citation procedures set forth in this Section, but does not comply
with the civil penalty imposed and the party is not otherwise absolved of the
administrative offense, the City may 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 civil fines collected pursuant to this Section shall be paid to the City and deposited
into the general fund.
Subdivision 9. Appeal Process.
A. Any person directly affected by an administrative citation issued pursuant to
this Section shall have the right to appeal to a hearing officer as provided for in
Section 2.91 of the City Code.
B. The failure to pay the fine or request a hearing within twenty (20) days after
the citation along with the appeal processing fee, or the failure to attend the
hearing, constitutes a waiver of the violator's rights to an administrative
hearing and is an admission of the violation. A hearing officer may waive this
result upon good cause shown. Examples of"good cause": death or
incapacitating illness of the accused; a court order requiring the accused to
Golden Valley City Code Page 4 of 5
§ 2.90
appear for another hearing at the same time; and lack of proper service of the
citation or notice of the hearing. `Good cause" does not include forgetfulness
and intentional delay.
C. If the final adjudication of the administrative citation under the appeal
procedure is a finding of no violation, then the City may not prosecute a
criminal violation based on the same set of facts. This does not preclude the
City from pursuing a criminal conviction for a violation of the same provision
based on a different set of facts. A different date of violation will constitute a
different set of facts.
D. 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.
The following are separate violations of the City Code, punishable as misdemeanors in
accordance with state law:
A. Unless a notice of appeal has been timely filed, failure to pay the civil fine
within the time required after issuance of an administrative citation.
B. Failure, without good cause, to appear at a hearing which was scheduled
under Subdivision 9; and
C. Failure to pay a fine imposed by a hearing officer within thirty (30) days after
it was imposed, or such other time as may be established by the hearing
officer, unless the judicial review has been sought for the matter in
accordance with state law.
Golden Valley City Code Page 5 of 5
§ 2.91
Section 2.91: Administrative Hearing Procedures
Subdivision 1. Administrative Hearings
A. Where the City Code entitles a person to an administrative hearing this Section
shall apply and Section 2.14 of the City Code shall not apply.
B. A person wishing to exercise their right to an administrative hearing shall file a
notice of appeal with the City Clerk. The notice of appeal must be filed with the
City Clerk on the form prescribed by the City Manager or his/her designee
within (20) days after issuance of the administrative citation, notice or order
that is to be the subject of the hearing. If required by the Section of the City
Code granting the right to the administrative hearing or the City's master fee
schedule, the notice shall be accompanied by the applicable filing fee.
C. The City Council shall periodically approve a list of persons, from which the City
Manager or his/her designee will randomly select a hearing officer to hear and
determine a matter for which a hearing is requested.
D. The appellant has the right to request, no later than ten (10) days before the
date of the hearing, that the assigned hearing officer be removed from the
case. One (1) such request for each case will be granted automatically by the
City Manager or his/her designee. A subsequent request must be directed to the
assigned hearing officer who will decide whether the hearing officer can fairly
and objectively review the case. If such a finding is made, the City Manager or
his/her designee must assign another hearing officer. The hearing officer is not
a judicial officer but is a public officer as defined by Minnesota Statutes, Section
609.415. The hearing officer must not be an employee of the City. The City
Manager or designated agent must establish a procedure for evaluating the
competency of hearing officers, including comments from citizens and City staff.
E. mon the hearing officer's own initiative or upon written request of an
interested party demonstrating the need, the officer may issue a subpoena for
the attendance of a witness or the production of books papers, records or other
documents that are material to the matter being heard. The party requesting
the subpoena is responsible for serving the subpoena in the manner provided
for civil actions and for paying the fees and expenses of any witness. A person
served with a subpoena may file an objection with the hearing officer promptly
but no later than the time specified in the subpoena for compliance. The officer
may cancel or modify the subpoena if it is unreasonable or oppressive. A person
who, without just cause, fails or refuses to attend and testify or to produce the
required documents in obedience to a subpoena is guilty of a misdemeanor.
Alternatively, the party requesting the subpoena may seek an order from
district court directing compliance.
F. The City shall schedule the hearing to occur within 30 days of the City receiving
a request for a hearing in the form prescribed by the City Manager. Notice of
Golden Valley City Code Page 1 of 3
§ 2.91
the hearing must be served on the person responsible for the violation at least
14 days in advance of the hearing, unless a shorter time is accepted by all
parties Service of the notice will be by first class mail and will be complete
upon mailing At the hearing, the parties will have the opportunity to present
testimony and question any witnesses, but strict rules of evidence will not
apply. The hearing officer must record the hearing and receive testimony and
exhibits, and keep a record of documentary evidence submitted. The officer
must receive and give weight to evidence, including hearsay evidence that
possesses probative value commonly accepted by reasonable and prudent
people in the conduct of their affairs.
G. The hearing officer must:
1. determine whether the City has established by a preponderance of the
evidence that, as applicable, a violation of the City Code, or a violation of
the terms and conditions of a City approval, including permits and licenses,
required and granted under the City Code, has occurred;
2. determine whether the corrective action and/or administrative decision
resulting from the alleged violation is reasonable; and
3: affirm, vacate or modify the City's administrative decision regarding the
alleged violation and/or corrective action.
H. The hearing officer has the authority to reduce, stay, or waive a scheduled
penalty either unconditionally or upon compliance with appropriate conditions
The hearing officer may increase the scheduled fine when the actual costs of
enforcement are shown by a preponderance of the evidence to be greater than
the amount of the scheduled fine.
I. When imposing a penalty for a violation the hearing officer may consider any
or all of the following factors:
1. The duration of the violation;
2. The frequency or recurrence of the violation;
3. The seriousness of the violation;
4. The history of the violation;
5. The violator's conduct after issuance of the notice of hearing;
6. The good faith effort by the violator to comply;
7. The economic impact of the penalty on the violator;
8. The impact of the violation upon the community; and
Golden Valley City Code Page 2 of 3
§ 2.91
9. Any other factors appropriate to a just result.
J. The hearing officer may exercise discretion to impose a fine for more than one
(1) day of a continuing violation, but only upon a finding that the violation
caused a serious threat of harm to the public health, safety, or welfare or that
the accused intentionally and the unreasonably refused to comply with the City
Code requirement.
K. The hearing officer's decision and supporting reasons must be in writing, and
shall include: the hearing officer's decision, the factual and legal basis for the
determination; the corrective action required, if any; the date and time by
which corrective action must be taken; and the penalty assessed, if any. The
hearing officer shall mail a copy of the decision to the appellant.
Subdivision 2. Appeal from an Administrative Hearing
The decision of the hearing officer is final without any further right of administrative
appeal. An aggrieved party may obtain judicial review of the decision of the hearing
officer in accordance with state law.
Golden Valley City Code Page 3 of 3
§ 2.91
Section 2.91: Administrative Hearing Procedures
Subdivision 1. Administrative Hearings
A. Where the City Code entitles a person to an administrative hearing this Section
shall apply and Section 2.14 of the City Code shall not apply.
B. A person wishing to exercise their right to an administrative hearing shall file a
notice of appeal with the City Clerk. The notice of appeal must be filed with the
City Clerk on the form prescribed by the City Manager or his/her designee
within (20) days after issuance of the administrative citation, notice or order
that is to be the subject of the hearing. If required by the Section of the City
Code granting the right to the administrative hearing or the City's master fee
schedule, the notice shall be accompanied by the applicable filing fee.
C. The City Council shall periodically approve a list of persons, from which the City
Manager or his/her designee will randomly select a hearing officer to hear and
determine a matter for which a hearing is requested.
D. The appellant has the right to request, no later than ten (10) days before the
date of the hearing, that the assigned hearing officer be removed from the
case. One (1) such request for each case will be granted automatically by the
City Manager or his/her designee. A subsequent request must be directed to the
assigned hearing officer who will decide whether the hearing officer can fairly
and objectively review the case. If such a finding is made, the City Manager or
his/her designee must assign another hearing officer. The hearing officer is not
a judicial officer but is a public officer as defined by Minnesota Statutes, Section
609.415. The hearing officer must not be an employee of the City. The City
Manager or designated agent must establish a procedure for evaluating the
competency of hearing officers, including comments from citizens and City staff.
E. Upon the hearing officer's own initiative or upon written request of an
interested party demonstrating the need, the officer may issue a subpoena for
the attendance of a witness or the production of books, papers, records or other
documents that are material to the matter being heard. The party requesting
the subpoena is responsible for serving the subpoena in the manner provided
for civil actions and for paying the fees and expenses of any witness. A person
served with a subpoena may file an objection with the hearing officer promptly
but no later than the time specified in the subpoena for compliance. The officer
may cancel or modify the subpoena if it is unreasonable or oppressive. A person
who, without just cause, fails or refuses to attend and testify or to produce the
required documents in obedience to a subpoena is guilty of a misdemeanor.
Alternatively, the party requesting the subpoena may seek an order from
district court directing compliance.
F. The City shall schedule the hearing to occur within 30 days of the City receiving
a request for a hearing in the form prescribed by the City Manager. Notice of
the hearing must be served on the person responsible for the violation at least
Golden Valley City Code Page 1 of 3
§ 2.91
14 days in advance of the hearing, unless a shorter time is accepted by all
parties. Service of the notice will be by first class mail and will be complete
upon mailing. At the hearing, the parties will have the opportunity to present
testimony and question any witnesses, but strict rules of evidence will not
apply. The hearing officer must record the hearing and receive testimony and
exhibits, and keep a record of documentary evidence submitted. The officer
must receive and give weight to evidence, including hearsay evidence that
possesses probative value commonly accepted by reasonable and prudent
people in the conduct of their affairs.
G. The hearing officer must:
1. determine whether the City has established by a preponderance of the
evidence that, as applicable, a violation of the City Code, or a violation of
- the terms and conditions of a City approval, including permits and licenses,
required and granted under the City Code, has occurred;
2. determine whether the corrective action and/or administrative decision
resulting from the alleged violation is reasonable; and
3. affirm, vacate or modify the City's administrative decision regarding the
alleged violation and/or corrective action.
H. The hearing officer has the authority to reduce, stay, or waive a scheduled
penalty either unconditionally or upon compliance with appropriate conditions.
The hearing officer may increase the scheduled fine when the actual costs of
enforcement are shown by a preponderance of the evidence to be greater than
the amount of the scheduled fine.
I. When imposing a penalty for a violation, the hearing officer may consider any
or all of the following factors:
1. The duration of the violation;
2. The frequency or recurrence of the violation;
3. The seriousness of the violation;
4. The history of the violation;
5. The violator's conduct after issuance of the notice of hearing;
6. The good faith effort by the violator to comply;
7. The economic impact of the penalty on the violator;
8. The impact of the violation upon the community; and
9. Any other factors appropriate to a just result.
Golden Valley City Code Page 2 of 3
§ 2.91
J. The hearing officer may exercise discretion to impose a fine for more than one
(1) day of a continuing violation, but only upon a finding that the violation
caused a serious threat of harm to the public health, safety, or welfare or that
the accused intentionally and the unreasonably refused to comply with the City
Code requirement.
K. The hearing officer's decision and supporting reasons must be in writing, and
shall include: the hearing officer's decision, the factual and legal basis for the
determination; the corrective action required, if any; the date and time by
which corrective action must be taken; and the penalty assessed, if any. The
hearing officer shall mail a copy of the decision to the appellant.
Subdivision 2. Appeal from an Administrative Hearing
The decision of the hearing officer is final without any further right of administrative
appeal. An aggrieved party may obtain judicial review of the decision of the hearing
officer in accordance with state law.
Golden Valley City Code Page 3 of 3
§ 2.14
Section 2.14: Right to Administrative Appeal
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. This Section shall not apply if the aggrieved
person has the right to an administrative hearing under Section 2.91 of the City
Code.
Golden Valley City Code Page 1 of 1
§ 2.14
Section 2.14: Right to Administrative Appeal
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. This Section shall not apply if the aggrieved
person has the right to an administrative hearing under Section 2.91 of the City
Code.
Golden Valley City Code Page 1 of 1
§ 4.20
Section 4.20: Sign Permits and Regulations
Subdivision 14. Permit Penalties
Any sign constructed or erected without the required permit shall be subject to
removal, if necessary, or subject to a double fee if in compliance with all other
applicable requirements of this Section.
Subdivision . Administrative Citations
designee and payable diFeetly te the City.
2. The Geuneil shall establish by Feselutien the aFneunt of the fine te be
assessed feF all adMiI9iStFative dtatmens. These fines shall net exeeed the
3. Payment ef any sueh fine shall not excuse the failUFe to COFFeet the vielatien
4. Any fine paid PUFSuant te this Seetien shall be refunded if it is deteffnin-ezwi
administrative eitatoerr-.
S. Payment for any administFative citation shall be due twenty (20) days afte
1. The date ef the vielation;
eCCUFFed;
name,3. The /
cited
,
5. The fine sehedule feF the vielatien;
/ when, and where the fine must be /
,
Golden Valley City Code Page 1 of 2
§ 4.20
notified yeaHy by U.S. Mau' of any outstanding administffative citatiens and t
sueh dtatiens woll be assessed against the pFepeFty. ThiFtY (30) days afteF
as special assessments against eaeh sueh pFepeFty whieh shall beeeme liens on
sueh IetS eF lands. This shall be an additional Femedy and net in lieu ef any etheF
penalty pFevided for in City Cede OF state law.
D. Failure to pay adminiStFative eitatieF�.
suspending OF revoking any license OF peffnit held by the effenders.
,
appeal the adminiStFative eitation to the Counem'. Such appeals FAUst be On
filing fee, and must be filed with the GIeFk within 10 (ten) business days a
seFV*ee ef the adminiStFatuve e9tatien. The filing fee shall be set by the
Geuncil. Failure te file an appeal shall eenstitute a waiveF ef Fights te contest
2. Deeisien. Upen at 'east five (5) business days netbee te the appellant ef the
time and p'aee feF the hearing the appeal, and within thiFty (30) days aftef
said appeal us filed, the Geuncil shall he'd a hearing thereon, at whieh the
applicant may appear and present evidence as te why the administFative
shall eFdeF retum ef all er- part ef the filing fee if the appeal is upheld. The
exeeed sixty (60) days after the appeal is filed, when it is neeessaFy te de se.
Golden Valley City Code Page 2 of 2
§ 4.20
Section 4.20: Sign Permits and Regulations
Subdivision 14. Permit Penalties
Any sign constructed or erected without the required permit shall be subject to
removal, if necessary, or subject to a double fee if in compliance with all other
applicable requirements of this Section.
Golden Valley City Code Page 1 of 1
§ 5.02
Section 5.02: Applications and Licenses Under
This Chapter - Procedure and Administration
*Subdivision 5. Action
F. Revocation or Suspension. In addition to any criminal penalty provided by
State Statute or this Code, the following civil penalties shall apply to
violations of this Chapter or the conditions of any license issued hereunder:
1. Revocation on the first violation for the following types of offenses:
a. Commission of a felony related to the licensed activity;
b. Sale of alcoholic beverages while license is under suspension.
2. The following matrix applies to these violations:
a. Sale to underage person;
b. Sale after/before hours;
c. Consumption after hours;
d. Illegal gambling, prostitution, adult entertainment on premises;
e. Sale to obviously intoxicated person;
f. Sale of liquor that is not permitted by the license;
g. Licensee permits illegal acts upon the licensed premises;
h. Licensee has knowledge of illegal acts upon the licensed premises, but
failed to report same to police;
i. Licensee fails to cooperate fully with Police in investigating illegal acts
upon licensed premises;
j. Activities of licensee creates a serious danger to public health, safety
or welfare.
Golden Valley City Code Page 1 of 2
§ 5.02
License Type 1ST Violation 2ND Violation 3RD Violation 4T" Violation
On-sale Liquor $500 plus $1,000 plus $2,000 plus Revocation
1 day suspension 3 days 10 days
suspension suspension
Off-sale Liquor $750 $1,500 plus $2,000 plus Revocation
1 day 6 days
suspension suspension
On-sale $350 plus $700 plus $1,500 plus Revocation
Non-intoxicating 1 day suspension 3 days 10 days
malt liquor/wine suspension suspension
Off-sale $250 plus $500 plus $1,000 plus Revocation
Non-intoxicating 1 day suspension 3 days 10 days
malt liquor suspension suspension
Violations will be counted over a period of three (3) years.
No Any of the foregoing civil penalties may be imposed by an administrative
citation under City Code, Section 2.90, or in the alternative by action of the
Council. If one (1) of the foregoing penalties is imposed by an action of the
Council, no fine, suspension or revocation shall take effect until the licensee
has been afforded an opportunity for a hearing before the Council; or a
committee of the Council,
as may be determined by the Council in action calling the hearing. Such
hearing shall be called by the Council upon written notice to the licensee
served in person or by certified mail not less than fifteen (15) nor more than
thirty (30) days prior to the hearing date, stating the time, place and
purpose thereof. The licensee may agree to such fine, suspension or
revocation imposed by an action of the Council without a hearing by
providing the City Manager with a written notice of hearing waiver and
acceptance of penalty.
In lieu of the civil penalties and license suspensions imposed above, the
whether imposed by administrative citation or an action of the Council, the
licensee may choose to surrender the license to sell alcohol for a minimum
period of twelve (12) months from the date of license surrender.
Golden Valley City Code Page 2 of 2
§ 5.02
Section 5.02: Applications and Licenses Under
This Chapter - Procedure and Administration
*Subdivision 5. Action
F. Revocation or Suspension. In addition to any criminal penalty provided by
State Statute or this Code, the following civil penalties shall apply to
violations of this Chapter or the conditions of any license issued hereunder:
1. Revocation on the first violation for the following types of offenses:
a. Commission of a felony related to the licensed activity;
b. Sale of alcoholic beverages while license is under suspension.
2. The following matrix applies to these violations:
a. Sale to underage person;
b. Sale after/before hours;
c. Consumption after hours;
d. Illegal gambling, prostitution, adult entertainment on premises;
e. Sale to obviously intoxicated person;
f. Sale of liquor that is not permitted by the license;
g. Licensee permits illegal acts upon the licensed premises;
h. Licensee has knowledge of illegal acts upon the licensed premises, but
failed to report same to police;
i. Licensee fails to cooperate fully with Police in investigating illegal acts
upon licensed premises;
j. Activities of licensee creates a serious danger to public health, safety
or welfare.
Golden Valley City Code Page 1 of 2
§ 5.02
License Type 1ST Violation 2ND Violation 3RD Violation 4T" Violation
On-sale Liquor $500 plus $1,000 plus $2,000 plus Revocation
1 day suspension 3 days 10 days
suspension suspension
Off-sale Liquor $750 $1,500 plus $2,000 plus Revocation
1 day 6 days
suspension suspension
On-sale $350 plus $700 plus $1,500 plus Revocation
Non-intoxicating 1 day suspension 3 days 10 days
malt liquor/wine suspension suspension
Off-sale $250 plus $500 plus $1,000 plus Revocation
Non-intoxicating 1 day suspension 3 days 10 days
malt liquor suspension suspension
Violations will be counted over a period of three (3) years.
Any of the foregoing civil penalties may be imposed by an administrative
citation under City Code, Section 2.90, or in the alternative by action of the
Council. If one (1) of the foregoing penalties is imposed by an action of the
Council, no fine, suspension or revocation shall take effect until the licensee
has been afforded an opportunity for a hearing before the Council or a
committee of the Council as may be determined by the Council in action
calling the hearing. Such hearing shall be called by the Council upon written
notice to the licensee served in person or by certified mail not less than
fifteen (15) nor more than thirty (30) days prior to the hearing date, stating
the time, place and purpose thereof. The licensee may agree to such fine,
suspension or revocation imposed by an action of the Council without a
hearing by providing the City Manager with a written notice of hearing waiver
and acceptance of penalty.
In lieu of the civil penalties and license suspensions imposed above, whether
imposed by administrative citation or an action of the Council, the licensee
may choose to surrender the license to sell alcohol for a minimum period of
twelve (12) months from the date of license surrender.
Golden Valley City Code Page 2 of 2
§ 6.03
Section 6.03: Action on Application, Transfer,
Termination, and Duplicate License
Subdivision 4. Refusal and Revocation
The Council may, for any reasonable cause, refuse to grant any application, or
revoke or suspend any license, eF wheFe allewed, levy an administFative f . No
license shall be granted to a person of questionable moral character or business
reputation. Before revocation or suspension of any license
an adminiStFative fee, 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 Police Department
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.
Golden Valley City Code Page 1 of 1
§ 6.03
Section 6.03: Action on Application, Transfer,
Termination, and Duplicate License
Subdivision 4. Refusal and Revocation
The Council may, for any reasonable cause, refuse to grant any application, or
revoke or suspend any license. No license shall be granted to a person of
questionable moral character or business reputation. Before revocation or
suspension of any license, 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 Police
Department 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.
Golden Valley City Code Page 1 of 1
§ 6.34
Section 6.34: Tobacco
Subdivision 13. Violations and Penalty
C. Administrative Penalty Procedures.
Notwithstanding anything to the contrary in this Subdivision 13:
1. Any of the administrative civil penalties set forth in this Subdivision 13
that may be imposed by the Council, may in the alternative be imposed
by an administrative citation under City Code, Section 2.90.
2. If one (1) of the foregoing penalties is imposed by an action of the
Council, no penalty shall take effect until the licensee or person has
received notice (served personally or by mail) of the alleged violation and
of the opportunity for a hearing before the
by the Gity to canduet the heaFing. k, and such notice that a vielatien has
oma„ed must be in writing and must provide that a right to a hearing
before the Council must be requested within ten (10) business days of
receipt of the notice or it such right shall terminate.
Golden Valley City Code Page 1 of 1
§ 6.34
Section 6.34: Tobacco
Subdivision 13. Violations and Penalty
C. Administrative Penalty Procedures. Notwithstanding anything to the
contrary in this Subdivision 13:
1. Any of the administrative civil penalties set forth in this Subdivision 13
that may be imposed by the Council, may in the alternative be imposed
by an administrative citation under City Code, Section 2.90.
2. If one (1) of the foregoing penalties is imposed by an action of the
Council, no penalty shall take effect until the licensee or person has
received notice (served personally or by mail) of the alleged violation and
of the opportunity for a hearing before the, and such notice must be in
writing and must provide that a right to a hearing before the Council must
be requested within ten (10) business days of receipt of the notice or such
right shall terminate.
Golden Valley City Code Page 1 of 1
§ 10.53
Section 10.53: Graffiti
Subdivision 7. Administrative Citations and Cost Recovery
!.—A fine feF a vielatien ef any pi=evisien ef this Section may be assessed
thFeugh an AdministFative Citatien, issued by the City ManageF's designee
and payable diFeetly to the City.
2.-The Ceunem' shall establwsh the ameunt ef the fine te be assessed fer all it
B.—
!.—The date of the elatien;
2—
eecuffed;
3.—The narne, /
este f
4.—
5.—The fine seh....1..le fO the eI titin.
6— deSEFiptwOn of hew, when, and wheFe the fine must be paid;
7— /
The— of the eiting City ' .
C.—
Golden Valley City Code Page 1 of 2
§ 10.53
and that sweh 6tatiens will be assessed against the PFepeFty. ThiFty (30)
days afteF maHing sueh letteF, the GleFk shall file any outstanding
wh*eh sha" beeeme liens en sueh lets OF lands. This sha" be an additional
taxa
E).-
E- Cost Recovery. The owner of property on which a nuisance has been abated
by the City, or a person who has caused a public nuisance on property not
owned by that person, is personally liable to the City for the cost of the
abatement, including administrative costs. As soon as the work has been
completed and the cost determined, an appropriate official will prepare a bill
for the cost and mail it to the owner or other responsible party. The amount
is immediately due and payable to the City.
Golden Valley City Code Page 2 of 2
§ 10.53
Section 10.53: Graffiti
Subdivision 7. Administrative Citations and Cost Recovery
Cost Recovery. The owner of property on which a nuisance has been abated by the
City, or a person who has caused a public nuisance on property not owned by that
person, is personally liable to the City for the cost of the abatement, including
administrative costs. As soon as the work has been completed and the cost
determined, an appropriate official will prepare a bill for the cost and mail it to the
owner or other responsible party. The amount is immediately due and payable to
the City.
Golden Valley City Code Page 1 of 1
ORDINANCE NO. 565, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE REGARDING
ADMINISTRATIVE CITATIONS
Addition of New Sections 2.90: Administrative Citations
and 2.91 Administrative Hearing Procedures
Amending Sections 2.14: Right to Administrative Appeal, 4.20: Sign Permits
and Regulations, 5.02: Applications and Licenses - Procedure and Administration,
6.03: Action on Application, Transfer, Termination, and Duplicate License,
6.34: Tobacco and 10.53: Graffiti
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code, Chapter 2 is hereby amended by adding a new Section 2.90,
entitled "Administrative Citations," reading as follows:
Section 2.90: Administrative Citations
Subdivision 1. Purpose
The City Council finds that there is a need for alternative methods of enforcing the City Code.
While criminal fines and penalties have been the most frequent enforcement mechanism,
there are certain negative consequences for both the City and the accused. The delay
inherent in that system does not ensure prompt resolution. The higher burden of proof and
the potential of incarceration do not appear appropriate for most Code violations; and the
criminal process does not always regard City Code violations as being important.
Accordingly, the City Council finds that the use of administrative citations and the imposition
of civil penalties is a legitimate and necessary alternative method of enforcement that will be
a cost effective and expeditious alternative to traditional criminal fines and penalties.
Administrative citations are in addition to any other legal remedy which may be pursued for
City Code violations and the City, in its discretion, may choose not to initiate the
administrative citation and procedures set forth in this Section, and may bring criminal
charges or seek any other remedy or penalty permitted under the City Code or other
applicable law in the first or succeeding instances.
Subdivision 2. Scope
A. The administrative procedures and penalties in this Section may be used for any
violation of the City Code, or any violation of the terms and conditions of a City
approval, including permits and licenses, required and granted under the City Code.
Except as expressly provided in this Section, the provisions of this Section may be
used concurrently with or in addition to any other procedure or remedy, criminal or
civil, the City may pursue under City Code, state law, or federal law. Nothing herein
restricts the right of the City to enter property immediately or to seek other remedies in
emergency or other situations as authorized by City Code, state law, or federal law.
Where differences occur between provisions of this Section and other applicable City
Code Sections, this Section controls to the extent of such differences. No provision of
the City Code that provides a criminal procedure or penalty, or an administration or
civil procedure or penalty, for a violation of the City Code shall preclude the application
of this Section in its entirety to such violation.
B. The penalties and procedures provided in this Section shall be applicable to every
Section and chapter of the City Code, the same as though this Section were a part of
each separate Section and chapter.
Ordinance No. 565 - continued
C. It is the intention of the City Council that the penalties and procedures provided by this
Section shall apply to any amendment of the City Code, whether or not such penalty is
reenacted in the amendatory ordinance, unless otherwise provided in the amendatory
ordinance.
D. Section 2.12, Subdivision 3, of the City Code shall not apply to this Section.
Subdivision 3. General Provisions
A. A violation of a provision of the City Code, or a violation of the terms and conditions of
a City approval, including permits and licenses, required and granted under the City
Code, is an administrative offense that may be subject to an administrative citation and
civil penalties set forth herein; provided an administrative offense shall not include any
such violation subject to the Uniform Traffic Regulations Act in Chapter 169 of the
Minnesota Statutes.
B. Unless expressly provided otherwise in the City Code, each day a violation exists
constitutes a separate administrative offense.
C. The City Council shall adopt by ordinance a schedule of penalties for offenses that
may be initiated by administration citation.
D. The City Council may adopt by resolution a schedule of fees to be paid to
administrative hearing officers for his or her services.
E. The maximum monetary penalty for a single administrative offense may not exceed
the maximum monetary fine authorized by state law for misdemeanor offenses or the
maximum monetary penalty authorized by state law for an administrative process;
provided for purposes of determining the amount of the monetary penalty the cost of
any required compliance actions and any consequences of a revoked or suspended
license shall not be included.
F. The City Manager or his/her designee is authorized to promulgate rules and forms to
implement the procedures herein.
Subdivision 4. Administrative Citation.
A. Any person with authority to enforce the City Code may, upon a reasonable belief that
there has been a violation thereof (or a violation of the terms and conditions of a City
approval, including permits and licenses, required and granted under the City Code)
issue an administrative citation to the violator or party responsible for the violation in
one of the following ways:
1. By personal service upon the owner of the property or an occupant of suitable age
residing at the property where the violation occurred, or in the case of a business
or corporation, the citation may be served upon a manager on the premises or to a
corporate officer;
2. By first class mail to a person identified in Subdivision 4(A)(1);
3. By posting the citation in a conspicuous place on or near the main entrance when it
reasonably appears the property is occupied but the occupants are not available or
willing to accept personal service, and where the property is not a licensed rental
dwelling;
Ordinance No. 565 - continued
4. By posting the citation in a conspicuous place on or near the main entrance and
mailing by first class mail a notice of the citation to the owner of record where it
reasonably appears the property is vacant or abandoned; or
5. By posting the citation in a conspicuous place on or near the main entrance and
mailing by first class mail, notice of the citation to the licensee when the property is
a rental dwelling licensed by the City
B. 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 person
issuing the administrative citation, the civil penalty, where, by when and in what
manner any fine must be paid, a brief description of the process to contest, required
compliance or abatement actions (if applicable) and any other information the City
Manager or his/her designee deems applicable.
C. If the City seeks to impose more than one (1) penalty for a continuing violation, a
separate citation shall be issued for each violation date.
Subdivision 5. Responding to an Administrative Citation
A. A party who has received an administrative citation must, within twenty (20) days after
the administrative citation is issued, pay the amount of any fine set forth therein or, if
the party desires to contest the administrative citation, request a hearing as set forth in
Subdivision 9 of this Section.
B. Any fine may be paid in person at City Hall, by mail or by other method set forth in the
administrative citation.
C. Payment of any fine shall be deemed a final admission of the violation and thereafter
the City shall not bring a criminal charge for the same violation.
D. Payment of any fine 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, including without limitation
the issuance of additional administrative citations.
Subdivision 6. Recovery of Civil Fines
A. If a fine imposed by an administrative citation is not paid within the time specified, it
constitutes:
1. A personal obligation of the violator; and
2. A lien upon the real property upon which the violation occurred if the property or
improvements on the property were the subject of the violation and the property
owner was responsible for that violation.
B. A lien may be assessed against the property and collected in the same manner as
taxes. The lien may include the administrative and legal costs incurred by the City in
connection with collecting the unpaid administrative penalty.
C. A personal obligation may be collected by any appropriate legal means.
Ordinance No. 565 - continued
D. A late payment fee of ten percent (10%) of the fine amount will be assessed for each
thirty (30) day period, or part thereof, that the fine remains unpaid after the due date.
E. During the time that a fine remains unpaid, no City approval will be granted for a
license, permit, or other City approval sought by the violator or for property under the
violator's ownership or control.
F. Failure to pay a fine is grounds for suspending, revoking, denying, or not renewing a
license or permit associated with the violation.
G. Upon failure to pay the fine within the time specified, the City may elect to charge the
initial violation as a petty misdemeanor or misdemeanor charge, and the administrative
offense procedure set forth in this Section shall no longer apply to such violation.
H. This foregoing of this Subdivision 6 shall be an additional remedy and not in lieu of any
other penalty provided for in City Code or state law.
Subdivision 7. Optional Procedure
The City, in its sole discretion, may choose not to utilize the administrative citations and
procedures provided for under this Section for any violation of the City Code and may instead
bring criminal charges or any other remedy (including civil fines) permitted by the City Code,
state law or federal law. In the event a party participates in the administrative citation
procedures set forth in this Section, but does not comply with the civil penalty imposed and
the party is not otherwise absolved of the administrative offense, the City may 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 civil fines collected pursuant to this Section shall be paid to the City and deposited into the
general fund.
Subdivision 9. Appeal Process
A. Any person directly affected by an administrative citation issued pursuant to this
Section shall have the right to appeal to a hearing officer as provided for in Section
2.91 of the City Code.
B. The failure to pay the fine or request a hearing within twenty (20) days after the
citation, or the failure to attend the hearing, constitutes a waiver of the violator's rights
to an administrative hearing and is an admission of the violation. A hearing officer may
waive this result upon good cause shown. Examples of"good cause": death or
incapacitating illness of the accused; a court order requiring the accused to appear for
another hearing at the same time; and lack of proper service of the citation or notice of
the hearing. "Good cause" does not include forgetfulness and intentional delay.
C. If the final adjudication of the administrative citation under the appeal procedure is a
finding of no violation, then the City may not prosecute a criminal violation based on
the same set of facts. This does not preclude the City from pursuing a criminal
conviction for a violation of the same provision based on a different set of facts. A
different date of violation will constitute a different set of facts.
Ordinance No. 565 - continued
D. 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.
The following are separate violations of the City Code, punishable as misdemeanors in
accordance with state law:
A. Unless a notice of appeal has been timely filed, failure to pay the civil fine within the
time required after issuance of an administrative citation.
B. Failure, without good cause, to appear at a hearing which was scheduled under
Subdivision 9; and
C. Failure to pay a fine imposed by a hearing officer within thirty (30) days after it was
imposed, or such other time as may be established by the hearing officer, unless the
judicial review has been sought for the matter in accordance with state law.
Section 2. City Code, Chapter 2 is hereby amended by adding a new Section 2.91,
entitled "Administrative Hearing Procedures," reading as follows:
Section 2.91 : Administrative Hearing Procedures
Subdivision 1. Administrative Hearings
A. Where the City Code entitles a person to an administrative hearing this Section shall
apply and Section 2.14 of the City Code shall not apply.
B. A person wishing to exercise their right to an administrative hearing shall file a notice
of appeal with the City Clerk. The notice of appeal must be filed with the City Clerk on
the form prescribed by the City Manager or his/her designee within twenty (20) days
after issuance of the administrative citation, notice or order that is to be the subject of
the hearing. If required by the Section of the City Code granting the right to the
administrative hearing or the City's master fee schedule, the notice shall be
accompanied by the applicable filing fee.
C. The City Council shall periodically approve a list of persons, from which the City
Manager or his/her designee will randomly select a hearing officer to hear and
determine a matter for which a hearing is requested.
D. The appellant has the right to request, no later than ten (10) days before the date of
the hearing, that the assigned hearing officer be removed from the case. One (1) such
request for each case will be granted automatically by the City Manager or his/her
designee. A subsequent request must be directed to the assigned hearing officer who
will decide whether the hearing officer can fairly and objectively review the case. If
such a finding is made, the City Manager or designated agent must assign another
hearing officer. The hearing officer is not a judicial officer but is a public officer as
defined by Minnesota Statutes, Section 609.415. The hearing officer must not be an
employee of the City. The City Manager or his/her designee must establish a
procedure for evaluating the competency of hearing officers, including comments from
citizens and City staff.
Ordinance No. 565 - continued
E. Upon the hearing officer's own initiative or upon written request of an interested party
demonstrating the need, the officer may issue a subpoena for the attendance of a
witness or the production of books, papers, records or other documents that are
material to the matter being heard. The party requesting the subpoena is responsible
for serving the subpoena in the manner provided for civil actions and for paying the
fees and expenses of any witness. A person served with a subpoena may file an
objection with the hearing officer promptly but no later than the time specified in the
subpoena for compliance. The officer may cancel or modify the subpoena if it is
unreasonable or oppressive. A person who, without just cause, fails or refuses to
attend and testify or to produce the required documents in obedience to a subpoena is
guilty of a misdemeanor. Alternatively, the party requesting the subpoena may seek an
order from district court directing compliance.
F. The City shall schedule the hearing to occur within thirty (30) days of the City receiving
a request for a hearing in the form prescribed by the City Manager. Notice of the
hearing must be served on the person responsible for the violation at least fourteen
(14) days in advance of the hearing, unless a shorter time is accepted by all parties.
Service of the notice will be by first class mail and will be complete upon mailing. At
the hearing, the parties will have the opportunity to present testimony and question
any witnesses, but strict rules of evidence will not apply. The hearing officer must
record the hearing and receive testimony and exhibits, and keep a record of
documentary evidence submitted. The officer must receive and give weight to
evidence, including hearsay evidence that possesses probative value commonly
accepted by reasonable and prudent people in the conduct of their affairs.
G. The hearing officer must:
1. determine whether the City has established by a preponderance of the evidence
that, as applicable, a violation of the City Code, or a violation of the terms and
conditions of a City approval, including permits and licenses, required and granted
under the City Code, has occurred;
2. determine whether the corrective action and/or administrative decision resulting
from the alleged violation is reasonable; and
3. affirm, vacate or modify the City's administrative decision regarding the alleged
violation and/or corrective action.
H. The hearing officer has the authority to reduce, stay, or waive a scheduled penalty
either unconditionally or upon compliance with appropriate conditions. The hearing
officer may increase the scheduled fine when the actual costs of enforcement are
shown by a preponderance of the evidence to be greater than the amount of the
scheduled fine.
I. When imposing a penalty for a violation, the hearing officer may consider any or all of
the following factors:
1. The duration of the violation;
2. The frequency or recurrence of the violation;
Ordinance No. 565 - continued
3. The seriousness of the violation;
4. The history of the violation;
5. The violator's conduct after issuance of the notice of hearing;
6. The good faith effort by the violator to comply;
7. The economic impact of the penalty on the violator;
8. The impact of the violation upon the community; and
9. Any other factors appropriate to a just result.
J. The hearing officer may exercise discretion to impose a fine for more than one (1) day
of a continuing violation, but only upon a finding that the violation caused a serious
threat of harm to the public health, safety, or welfare or that the accused intentionally
and the unreasonably refused to comply with the City Code requirement.
K. The hearing officer's decision and supporting reasons must be in writing, and shall
include: the hearing officer's decision, the factual and legal basis for the determination;
the corrective action required, if any; the date and time by which corrective action must
be taken; and the penalty assessed, if any. The hearing officer shall mail a copy of the
decision to the appellant.
Subdivision 2. Appeal from an Administrative Hearing
The decision of the hearing officer is final without any further right of administrative appeal.
An aggrieved party may obtain judicial review of the decision of the hearing officer in
accordance with state law.
Section 3. City Code Section 2.14 is hereby amended and restated in its entirety as
follows:
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. This Section shall not apply if the aggrieved person has the right to an
administrative hearing under Section 2.91 of the City Code.
Section 4. City Code Section 4.20 Subdivision 15 is hereby deleted in its entirely:
Section 5. City Code Section 5.02 Subdivision 5(F) is hereby amended and restated in
its entirety as follows:
Ordinance No. 565 - continued
Any of the foregoing civil penalties may be imposed by an administrative citation under
City Code, Section 2.90, or in the alternative by action of the Council. If one (1) of the
foregoing penalties is imposed by an action of the Council, no fine, suspension or
revocation shall take effect until the licensee has been afforded an opportunity for a
hearing before the Council or a committee of the Council, as may be determined by
the Council in action calling the hearing. Such hearing shall be called by the Council
upon written notice to the licensee served in person or by certified mail not less than
fifteen (15) nor more than thirty (30) days prior to the hearing date, stating the time,
place and purpose thereof. The licensee may agree to such fine, suspension or
revocation imposed by an action of the Council without a hearing by providing the City
Manager with a written notice of hearing waiver and acceptance of penalty.
In lieu of the civil penalties and license suspensions imposed above, whether
imposed by administrative citation or an action of the Council, the licensee may
choose to surrender the license to sell alcohol for a minimum period of twelve
(12) months from the date of license surrender.
Section 6. 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. No license shall be granted to a person of questionable moral
character or business reputation. Before revocation or suspension of any license, 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 Police Department 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 7. City Code Section 6.34 Subdivision 13(C) is hereby amended and restated
in its entirety as follows:
C. Administrative Penalty Procedure. Notwithstanding anything to the contrary in
this Subdivision 13:
1. Any of the administrative civil penalties set forth in this Subdivision 13 that may
be imposed by the Council, may in the alternative be imposed by an
administrative citation under City Code, Section 2.90.
Ordinance No. 565 - continued
2. If one of the foregoing penalties is imposed by an action of the Council, no
penalty shall take effect until the licensee or person has received notice (served
personally or by mail) of the alleged violation and of the opportunity for a
hearing before the Council, and such notice must be in writing and must provide
that a right to a hearing before the Council must be requested within ten (10)
business days of receipt of the notice or such right shall terminate.
Section 8. City Code Section 10.53 Subdivision 7 is hereby amended and restated in
its entirety as follows:
Cost Recovery. The owner of property on which a nuisance has been abated by the City, or a
person who has caused a public nuisance on property not owned by that person, is
personally liable to the City for the cost of the abatement, including administrative costs. As
soon as the work has been completed and the cost determined, an appropriate official will
prepare a bill for the cost and mail it to the owner or other responsible party. The amount is
immediately due and payable to the City.
Section 9. City Code Chapter 1 entitled "General Provisions and Definitions Applicable
to the Entire City Code Including Penalty for Violation" and Section 2.99, Section 4.99,
Section 5.99, Section 6.99 and Section 10.99 entitled "Violation a Misdemeanor" are hereby
adopted in their entirety, by reference, as though repeated verbatim herein.
Section 10. This Ordinance shall take effect from and after its passage and publication
as required by law.
Adopt by the City Council this 7th day of July, 2015.
/s/Shepard M. Harris
Shepard M. Harris, Mayor
ATTEST:
/s/Kristine A. Luedke
Kristine A. Luedke, City Clerk
city 0f {
golden 1W MEMORANDUM
alleyAdministrative Services Department
763-593-8013/763-593-3969(fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 7, 2015
Agenda Item
6. D. First Consideration - Amendment to the 2015 Master Fee Schedule for Administrative Fines,
Citations and Term on length for Food Truck License
Prepared By
Sue Virnig, Finance Director
John Crelly, Fire Chief
Emily Goellner, Assistant Planner/Grant Writer
Summary
First consideration of Ordinance#566 will provide amendments to the 2015 Master Fee
Schedule.
With the approval to the ordinance change for Mobile Food Vending, language changes need to
be considered. The following changes are to be considered:Term Food Trucks needs to be
changed to Mobile Food Vending and the length of the current fee to seven days instead of three.
With the approval of Administrative Citations, Licensing of Rental Housing and International
Property maintenance ordinances the below chart will be added to the 2015 Mater Fee Schedule.
OFFENSE DESCRIPTION CODE SECTION PENALTY
Any violation of Chapter 1 through For any violation 1St Citation: $100.00
12 of the City Code, inclusive not of the City Code, 2nd Citation within 12 month period: $250.00
specifically listed in this schedule. not otherwise 3rd Citation within 12 month period: $500.00
listed in this 4th & Subsequent Citations within 12 month
schedule period: $500.00
A violation of City Section 3.30, Sec. 3.30, Subd. The penalties set forth in Section 3.30,
Subdivision 3.E., regard sump 3.E. Subdivision 3.E., of the City Code.
pumps.
OFFENSE DESCRIPTION CODE SECTION PENALTY
An owner refuses an inspection or Sec. 3.30, Subd. 4 The penalties set forth in Section 3.30,
fails to discontinue permitted Subdivision 4, of the City Code.
discharge of clean water into the
sanitary sewer system as required
under City Code, Section 3.30,
Subdivision 4.
Any violation of City Code, Section Sec. 4.32, Subd. The penalties set forth in Section 4.32,
4.32, Subdivision 3.1.2., regarding 312. Subdivision 3.1.2. of the City Code.
tree preservation plans.
Any violation of Chapter 5 of the Chapter 5. The penalties set forth in Subdivision S.F. of
City Code regarding alcoholic Section 5.02 of the City Code.
beverages.
Any violation of City Code, Section Sec. 6.34. The penalties set forth in Subdivision 13 of
6.34, regarding tobacco. Section 6.34 of the City Code.
Any violation of City Code, Section Sec. 7.18, Subd. 2. The penalties set forth in Subdivision 2 of
7.18, Subdivision 2, regarding Section 7.18 of the City Code.
right-of-way permits.
Parking without permit. Sec. 9.11, Subd. 7. $25
Attachments
• Master Fee Schedule for Food Trucks underline/strikeout version (1 page)
• Master Fee Schedule for Mobile Food Vending clean version (1 page)
• Ordinance#566, Amendments to the 2015 Master Fee Schedule for by adopting Penalties
for Administrative Fines and Citations and Length for Mobile Food Vending (2 pages)
Recommended Action
Motion to adopt on First Consideration, Ordinance#566, Amendments to the 2015 Master Fee
Schedule by adopting Penalties for Administrative Fines and Citation, and length for Mobile Food
Vending.
Park&Recreation Fees(continued)
(A Non-Resident fee of$5.00 is recommended to be added to Youth,Adult and Senior Activities.)
Cancellations would incur a$5 adminstrative fee.
Other Park&Recreation Fees
Small Park Shelter
Resident(up to 50 people) 95.00
Non-resident 110.00
Large Park Shelter
Resident(up to 100 people) 125.00
Non-resident 145.00
Beer/Wine Permit(only with Picnic Shelter rental) 25.00
Feed C-k Mobile Food Vending per day-7 day maximum 40.00
Brookview Community Center
Resident(over 75 people; 12 hours) 560.00
Non-resident(over 75 people; 12 hours) 645.00
Resident(up to 75 people;5 hours max) 25 per hour
Non-resident(up to 75 people;5 hours max) 35 per hour
Private Industry or Commercial Use-Resident/Non-Resident 55-65 per hour
Non-Profit/Community Organization-Resident/Non-Resident 0-35 per hour
Brookview Community Center-Deck(0-4 hours) 100.00
Davis Community Center Gym 25 per hour
Sand Volleyball Court(per court) 20.00/hour
Tennis Court
Tournament-per day/per court 40.00
Court/hr/wkday 6.00
Picnic Kit 15.00
Athletic Field
Per hour 40.00
W/Lights per hour 55.00
Prep per field(extra drag) 35.00
Chalking per field 6.00
General Park Usage-Non-Brookview per hour 35.00
Commercial Use of Park per hour 100.00-125.00
Park Building per hour 40.00
Hockey Rink per hour 35.00
Youth Athletic Association per player
Maintenance Fee-Resident per player 6.00
Maintenance Fee-Non-Resident per player 11.00
Invitational Tournament per field per day 50.00
1
Park&Recreation Fees(continued)
(A Non-Resident fee of$5.00 is recommended to be added to Youth,Adult and Senior Activities.)
Cancellations would incur a$5 adminstrative fee.
Other Park&Recreation Fees
Small Park Shelter
Resident(up to 50 people) 95.00
Non-resident 110.00
Large Park Shelter
Resident(up to 100 people) 125.00
Non-resident 145.00
Beer/Wine Permit(only with Picnic Shelter rental) 25.00
Mobile Food Vending per day-7 day maximum 40.00
Brookview Community Center
Resident(over 75 people; 12 hours) 560.00
Non-resident(over 75 people; 12 hours) 645.00
Resident(up to 75 people;5 hours max) 25 per hour
Non-resident(up to 75 people;5 hours max) 35 per hour
Private Industry or Commercial Use-Resident/Non-Resident 55-65 per hour
Non-Profit/Community Organization-Resident/Non-Resident 0-35 per hour
Brookview Community Center-Deck(0-4 hours) 100.00
Davis Community Center Gym 25 per hour
Sand Volleyball Court(per court) 20.00/hour
Tennis Court
Tournament-per day/per court 40.00
Court/hr/wkday 6.00
Picnic Kit 15.00
Athletic Field
Per hour 40.00
W/Lights per hour 55.00
Prep per field(extra drag) 35.00
Chalking per field 6.00
General Park Usage-Non-Brookview per hour 35.00
Commercial Use of Park per hour 100.00-125.00
Park Building per hour 40.00
Hockey Rink per hour 35.00
Youth Athletic Association per player
Maintenance Fee-Resident per player 6.00
Maintenance Fee-Non-Resident per player 11.00
Invitational Tournament per field per day 50.00
1
ORDINANCE NO. 566, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending the 2015 Master Fee Schedule by adopting Penalties
For Administrative Fines, Citations and Length for Mobile Food Vending
The City Council for the City of Golden Valley hereby ordains:
Section 1. The 2015 Master Fee Schedule in Chapter 25 of the City Code is
hereby amended by adding the following new Administrative Citation Penalties fees:
OFFENSE DESCRIPTION CODE SECTION-: PENALTY`
Any violation of Chapter 1 For any violation of 1St Citation: $100.00
through 12 of the City Code, the City Code, not 2nd Citation within 12 month period: $250.00
inclusive not specifically listed in otherwise listed in 3rd Citation within 12 month period: $500.00
this schedule. this schedule 4th & Subsequent Citations within 12 month
period: $500.00
A violation of City Section 3.30, Sec. 3.30, Subd. The penalties set forth in Section 3.30,
Subdivision 3.E., regard sump 3.E. Subdivision 3.E., of the City Code.
pumps.
An owner refuses an inspection Sec. 3.30, Subd. 4 The penalties set forth in Section 3.30,
or fails to discontinue permitted Subdivision 4, of the City Code.
discharge of clean water into the
sanitary sewer system as
required under City Code,
Section 3.30, Subdivision 4.
Any violation of City Code, Sec. 4.32, Subd. The penalties set forth in Section 4.32,
Section 4.32, Subdivision 3.J.2., 3.J.2. Subdivision 3.J.2. of the City Code.
regarding tree preservation
plans.
Any violation of Chapter 5 of the Chapter 5. The penalties set forth in Subdivision 5.F. of
City Code regarding alcoholic Section 5.02 of the City Code.
beverages.
Any violation of City Code, Sec. 6.34. The penalties set forth in Subdivision 13 of
Section 6.34, regarding tobacco. Section 6.34 of the City Code.
Any violation of City Code, Sec. 7.18, Subd. 2. The penalties set forth in Subdivision 2 of
Section 7.18, Subdivision 2, Section 7.18 of the City Code.
regarding right-of-way permits.
Parking without permit. Sec. 9.11, Subd. 7. $25
Section 2. The 2015 Master Fee Schedule in Chapter 25 of the City Code is
hereby amended by revising the following:
Mobile Food Vending per day - 7 day maximum $40.00
Ordinance No. 566 - continued
Section 3. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted in its
entirety, by reference, as though repeated verbatim herein.
Adopted by the City Council this 7th day of July, 2015.
/s/Shepard M. Harris
Shepard M. Harris, Mayor
ATTEST:
/s/Kristine A. Luedke
Kristine A. Luedke, City Clerk
city 0f
goldeni".v .'ArMEMORANDUM
Physical Development Department
763-593-80951763-593-8109(fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 7, 2015
Agenda Item
6. E. Approval of Plat- Golden Valley CenterPoint Addition P.U.D. No. 122
Prepared By
Emily Goellner, Associate Planner/Grant Writer
Summary
At the May 27, 2015, City Council meeting, the Council held a public hearing on the Final PUD Plan
for CenterPoint Energy. After the hearing, the Council approved the Final Plan. The Final Plat has
been prepared for consideration. City staff has reviewed the document and finds it to be consistent
with the approved Final PUD Plan and the requirements of City Code.
Attachments
• Resolution for Approval of Plat - Golden Valley CenterPoint Addition P.U.D. No. 122 (1 page)
• Final Plat - Golden Valley CenterPoint Addition P.U.D. No. 122 (2 pages)
Recommended Action
Motion to adopt Resolution for Approval of Plat- Golden Valley CenterPoint Addition P.U.D. No.
122.
Resolution 15-62 July 7, 2015
Member introduced the following resolution and moved its adoption:
RESOLUTION FOR APPROVAL OF PLAT - GOLDEN VALLEY CENTERPOINT
ADDITION P.U.D. NO. 122
WHEREAS, the City Council for the City of Golden Valley, pursuant to due notice,
has heretofore conducted a public hearing on the proposed plat to be known as Golden
Valley CenterPoint Addition P.U.D. No. 122 covering the following described tracts of land:
That part of the Northwest Quarter of the Northwest Quarter of Section 33, Township 118,
Range 21 West of the 5th Principal Meridian lying South of center line of County Road No.
6, also known as Watertown Road and West of the 100 foot right of way of the Minneapolis,
Northfield and Southern Railway, the center line of which right-of- way is described as
follows:
Commencing at the Northwest corner of said Section 33, thence running East on the North
line of said Section 33 a distance of 550 feet to an intersection with said center line, which
point shall be considered as the true point of beginning. Thence after turning a deflection
angle of 78 degrees 10 minutes to the right, running on a straight line in a Southeasterly
direction a distance of 1347 feet more or less along said center line to an intersection with
the South line of the Northwest Quarter of the Northwest Quarter of said Section 33, distant
815.5 feet more or less, east from the Southwest corner of the Northwest Quarter of the
Northwest Quarter of said Section 33; except that part thereof lying North of the North line
of Golden Valley Road as described in deed Doc. No. 578491.
WHEREAS, all persons present were given the opportunity to be heard;
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden
Valley, that said proposed plat be, and the same hereby is, accepted and approved, and
the proper officers of the City are hereby authorized and instructed to sign the original of
said plat and to do all other things necessary and proper in the premises.
Shepard M. Harris, Mayor
ATTEST:
Kristine A. Luedke, 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 his signature attested by the City Clerk.
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