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2006-04-24 EC Agenda PacketAGENDA GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting Golden Valley City Hall, 7800 Golden Valley Road Council Conference Room Monday, April 24, 2006 7:00 P.M. I. Call to Order II. 1/1 Study Presentation (SEH) III. Approval of Minutes — March 27, 2006 IV. Living Green Expo (attachment, for information) V. Election of New Vice Chair VI. Recycling Motion (attendance at May 9 Council/Manager meeting) VII. Annual Report (attachment, review of revised draft) VIII. Property Maintenance Code (discussion) IX. Program/Project Updates — Sunnyridge Lane Soil Contaminants Three Rivers Park District Trail (Regional Bicycle Plan) 10, Ad Hoc Deer Task Force Lighting Plan/Ordinance 10, Proposed Developments X. Commission Member Council Reports XI. Other Business XII. Adjourn GAEnvironmental Commission\Agendas\2006\042406.doc GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting Minutes April 24, 2006 Present: Tracy Anderson, Richard Baker, Dawn Hill, Christopher Kaisershot, Jon Pawluk, Siah St. Clair, Alva Rankin and Kirby Van Note of SEH Absent: Mauno Silpala City Staff: Jeannine Clancy, Director of Public Works; Al Lundstrom, Environmental Coordinator; Jeff Oliver, City Engineer; Tracy Pharr, Administrative Assistant Call to Order Pawluk called the meeting to order at 7:02 pm. 11. 1/1 Study Presentation (SEH) Public Works Director Clancy introduced herself. She then introduced Alva Rankin and Kirby Van Note of Short Elliott Hendrickson (SEH), who were in attendance to give a presentation on inflow and infiltration (1/1). Clancy stated 1/1 is likely to be the most challenging issue the city will be dealing with in the foreseeable future. She continued that City and SEH staff will be developing a work plan (to include ordinances and programs), which will be provided to the Commission for comment. A copy of SEH's Inflow and Infiltration Study was given to each Commission Member. Rankin defined "inflow" as direct connection of clear water into the wastewater collection system. He defined "infiltration" as indirect connection of clear water into the wastewater collection system. Rankin said that inflow and infiltration should be dealt with differently, and no system is comprised of just one of these. Inflow, a direct connection, happens immediately, occurs as a spike and is usually a result of a rain event. Infiltration, an indirect connection, happens more slowly, does not spike and is continuous. He further explained how inflow and infiltration occur and how they affect the sewer system. 1/1 comes from public property and private property. Public property sources include leaking manholes, leaking mainline sewers and cross -connections of storm and sanitary sewers. Private property sources include sump pumps, foundation drains, leaking service laterals, roof leaders and area drains. Private property is one of the biggest sources of inflow. Rankin stated that he is aware of two communities, North Fond du Lac, Wisconsin and Downers Grove, Illinois, which televise residents' service laterals when performing street reconstruction projects. If the service lateral is in poor condition, the resident must repair it, or they will not be permitted to reconnect to the City's sanitary sewer system. Reasons 1/1 is a problem for communities: ➢ Health and safety issues ➢ Loss of capacity for future development ➢ Infrastructure and equipment wear and tear ➢ Metropolitan Council Environmental Services' (MCES) surcharge program Why is Golden Valley taking action now? MCES has a new policy which limits the amount of wastewater discharge it will accept from each community. Communities that have excessive wastewater will be required to eliminate it. MCES will not provide additional capacity to accommodate the excess, as they believe they have sufficient capacity until 2030. MCES will initiate a five-year 1/1 financial assistance surcharge program" in 2007, where communities will be required to develop 1/1 programs in which the amount spent to reduce 1/1 is equal to or greater than the surcharge amount. This program has to be agreed upon, via written agreement, in advance. Beginning in 2013, the surcharge becomes a demand charge. Golden Valley's current surcharge amount is $1,900,500 (spread out over five years at $380,100/annually). This surcharge amount can increase if the city experiences more inflow. Clancy noted that the present surcharge amount is based on one rain event in 2005, which was an atypical dry year. Golden Valley normally exceeds its 1/1 goal between three and five times per year. Van Note described in detail the Inflow and Infiltration Study performed by SEH. He explained that the city was divided into 19 different sewer districts. Van Note further explained that SEH had installed six groundwater monitoring wells throughout the city to monitor the height of groundwater, which is directly tied to the amount of inflow and infiltration. SEH staff also installed a rain gauge in the city. Rankin, Van Note and City staff fielded several questions about inflow and infiltration. The presentation concluded with recommendations from the consulting firm on how to reduce inflow and infiltration. Following are their recommendations: Develop funding strategy for 1/1 activities Focus on cleaning and televising areas of the city with peak 1/1 flow rates (reference Figure 4, Inflow and Infiltration Study, SEH), specifically Districts 9, 10, 13, 16 and 17 ➢ Develop strategy for private property inspections ➢ Expand drain tile program ➢ Develop service lateral rehabilitation program ➢ Continue dialogue with MCES about the Bassett Creek Interceptor Clancy indicated staff would bring copies of the draft 1/1 work plan to the Environmental Commission meeting in May, if available. Clancy asked Pharr to provide copies of the recent CityNews article on 1/1 at the May meeting. 2 III. Approval of Minutes - March 27, 2006 Kaisershot asked to have the third paragraph under Item V - Property Maintenance Code, Page 2, stricken from the March 27, 2006 minutes. Baker agreed with the recommendation. MOVED by Baker, seconded by Kaisershot, and the motion carried unanimously to approve the minutes of the March 27, 2006 meeting as amended. IV. Living Green Expo (attachment, for information) An attachment was provided in the agenda packets regarding the upcoming Living Green Expo. The Expo will be held on May 6 and 7 from 10 am to 5 pm at the State Fairgrounds in St. Paul. V. Election of New Vice Chair Pawluk asked if anyone was interested in serving as the Commission's Vice Chair. Discussion ensued about the position. Anderson volunteered. MOVED by Kaisershot, seconded by Hill, and the motion carried unanimously to elect Anderson as Vice Chair for the Environmental Commission. VI. Recycling Motion (attendance at May 9 Council/Manager meeting) Lundstrom stated that an Executive Summary regarding the Commission's motion on recycling containers (installed at each park entrance) had been prepared for the City Council's discussion at the May 9 Council/Manager meeting. Staff will e-mail (or make copies of) the summary for the Commission. Clancy stated that staff is interested in observing the results of St. Louis Park's grant project. Hill asked if this meant Clancy would recommend against the Commission's motion. Clancy answered no, and said the recommendation would be that staff wait and observe this year. Kaisershot asked about the portion of the motion that recommended installation of trash receptacles in nature areas. Lundstrom said this is also up to the Council. Baker stated he would like the Council to move ahead with this. Clancy said that trash receptacles are in many of the nature areas, and she would need to check with Public Works maintenance staff to understand why receptacles are not installed at certain nature area locations. Baker asked if the Commission could receive a map illustrating where the receptacles are located at each nature area entrance. Staff will provide this in the next agenda packet. 3 Pawluk asked about Member attendance at the Council/Manager meeting on May 9. He suggested Kaisershot attend and take the lead on this, as he had championed the effort behind the motion. Kaisershot replied that he would need to check his calendar, and will notify Pawluk as to his availability. Clancy stated that the agenda had not been formalized, and if the Commission was unable to send a representative to the May 9 meeting, the motion could be postponed until the June Council/Manager meeting. Pawluk requested feedback on this topic at the May 22 Environmental Commission meeting, and postponement of the motion until the June Council/Manager meeting. VII. Annual Report (attachment, review of revised draft) Baker distributed a revised annual report, and noted the revisions made. He will present the report at the May 16 Council meeting at 6:30 pm. VIII. Property Maintenance Code (discussion) Lundstrom said the City Manager has recommended to the City Council that a public participation process be held to receive comments on the property maintenance code. The Environmental Commission can provide input at that time. This item will be added to Program/Project Updates. IX. Program/Prosect Updates Sunnyridge Lane Soil Contaminants — No new information. Three Rivers Park District Trail (Regional Bicycle Plan) — No new information. Ad Hoc Deer Task Force — The task force's second meeting was held on April 6. Additional data, including deer/vehicle collisions, 2006 aerial survey and a breakdown of environmental management units, was reviewed. Two presentations will take place at the next (May 15) meeting. A public participation meeting will be held on July 13. Lighting Plan/Ordinance — No new information. Proposed Developments — At their April 24 meeting, the Planning Commission will be discussing a proposed lot split at 621 Turner's Crossroad South. Staff will be soliciting bids for the Twin Lake water quality pond and wetland restoration at 5222 Minnaqua Drive. VIII. Commission Member Council Reports No Council reports were given. Pawluk did not assign the May Council agendas for review. 2 IX. Other Business Items of Other Business: ➢ Clancy noted that at one of the April Council meetings, a resident spoke about Xcel Energy's ability to install a night watch light in resident's yards. The light installed in one resident's yard is spilling over into this resident's yard. The Council will be discussing this at the May Council/Manager meeting. Clancy continued that she believes the Council will refer this matter to staff for review and comment (as part of the lighting ordinance). ➢ Clancy said staff is amending the Comp Plan. The Environmental Commission will be able to work with staff on several issues specific to Public Works, including natural resources, the 1/1 Study, the City's water system, transportation elements and storm water. Clancy has suggested to Parks & Recreation Director Jacobson that there be a joint meeting between the Environmental, Planning and Parks & Open Space Commissions to discuss the parks and open space plan. ➢ Lundstrom commented that the weed wrench loan program (for removal of buckthorn) has been a big success. ➢ Lundstrom said the Minneapolis Clinic of Neurology has received the grant from the MnDNR for creation of a buffer zone around Sweeney Lake. A University of Minnesota graduate student has asked to be able to plant, on a volunteer basis, the bulrush portion of the buffer zone. She will be using this information as part of her school research project. ➢ May agenda items include review of the trash receptacles (in parks) data, assignment of a Commission Member to attend the June Council/Manager meeting (for feedback on the recycling and trash receptacles motion), report on the Commission's annual report presentation (by Rich Baker) to the Council and review of the 1/1 work plan, if available. ➢ Property Maintenance Code will be added to Program/Project Updates on the May agenda. No additional business was addressed. X. Adjourn The next scheduled meeting will be on May 22, 2006 at 7:00 pm. The meeting was adjourned at 9:10 pm. Respectfully submitted, Tracy E. Pharr Administrative Assistant Department of Public Works 5 -12 Mt(; I -(-� 4-0 R ��,t/yMc a -f /ter/o �w-1 www. cz.golden-valley. mn. us April 7, 2006 FY Park and Recreation 200 Brookview Parkway Golden Valley, MN 55426-1364 763-512-2345 763-4--2344 (fax) 762 968 (TDD) G:\Environmental Commission\Correspondence\Letters\2006\TransmitC-MAgendaReRPMCToComm.doc Dear Environmental Commission Members: City Hall re din the City of Golden Valley's Please find enclosed information ar regarding `r y 7800 Golden Valley Road Golden Valley, MN 55427-4588 proposed property maintenance code revisions discussed at the March 763-593-8000 27, 2006 Environmental Commission meeting. 763-593-8109 (fax) 763-593-3968 (TDD) The Council will be reviewing the enclosed information at the April 11, Mayor and Council 2006 Council/Manager meeting at City Hall. The enclosed packet includes 763-593-8006 the agenda for the meeting, executive summaries and proposed new ordinances and ordinance changes. City Manager 763-593-8002 At the Council/Manager meeting, the City Manager will be recommending Public Safety the Council consider a public participation process prior to adoption of the Police: 763-593-8079 proposed residential property maintenance code changes. Fire: —3-593-8055 76: 1098 (fax) Please feel free to contact me if you have any further questions at Public Works 763-593-8046. 763-593-8030 763-593-3988 (fax) Sincerely, Inspections 763-593-8090 763-593-3997 (fax) Al Lundstrom Motor Vehicle Licensing Environmental Coordinator 763-593-8101 Planning and Zoning Enclosure 763-593-8095 C: Tom Burt, City Manager Finance Jeff Oliver, City Engineer 763-593 8013 Jeannine Clancy, Director of Public Works Assessing 763-593-8020 Park and Recreation 200 Brookview Parkway Golden Valley, MN 55426-1364 763-512-2345 763-4--2344 (fax) 762 968 (TDD) G:\Environmental Commission\Correspondence\Letters\2006\TransmitC-MAgendaReRPMCToComm.doc Citv Vall,�PIT Memorandum City Administration/Council 763-593-8003 / 763-593-8109 (fax) Executive Summary Golden Valley Council/Manager Meeting April 11, 2006 Agenda Item 1. Perpich Center for Arts Education Presentation Prepared By Thomas D. Burt, City Manager Summary Council Member Freiberg has invited representatives from the Perpich Center for Arts Education to review their plans for the High School. AGENDA Council/Manager Meeting Golden Valley City Hall 7800 Golden Valley Road Council Conference Room April 11, 2006 6:30 p.m. or immediately following the HRA meeting 1. Perpich Center for Arts Education Presentation 2A. Proposed Ordinance Amendments: Residential Property Maintenance Code Solid Waste Collection Storage of Garbage Firewood Graffiti Shade Tree Disease Junk Cars, Stock Cars, Racers House and Building Numbering Public Participation Process 2B. Home Rehab Assistance 3 Request from Environmental Commission to Review Residential Property Maintenance Code 4. Planning Commission Annual Report Recommendations 5. Proposed Ordinance Amendments - Accessory Structures in Commercial, Light Industrial, Industrial, Business and Professional Office and Institutional Zoning Districts 6. Review Calendar for Preparation of 2007 Budget Citv Golden Val1ev 01" r a n d u H Planning 763-593-8095 / 763-593-8109 (fax) Executive Summary Golden Valley Council/Manager Meeting April 11, 2006 Agenda Item 2. A. Proposed Ordinance Amendments: Residential Property Maintenance Code, Solid Waste Collection, Storage of Garbage, Firewood, Graffiti, Shade Tree Disease, Junk Cars, Stock Cars, Racers, House and Building Numbering and Public Participation Process Prepared By Angela Obert, Property Maintenance Inspector Aaron Hanauer, Planning Intern Summary At Council's direction, staff prepared a residential property maintenance code (RPMC) for single -and two-family homes (R-1 and R-2 zoning districts). The RPMC has provisions solely for exterior maintenance. In addition, staff prepared two new ordinances and proposes changes to six existing ordinances that deal with property maintenance. Before a first hearing is conducted on these ordinances, staff proposes to conduct public participation meetings this summer to gain additional input and provide education on these issues as well as learn about other property maintenance concerns residents may have. In 2004, the City Council identified as a goal the preservation of the housing stock. A property maintenance code is a common way for cities to ensure homes are maintained to a certain level. Developing standards is important for Golden Valley because 70 percent of homes were built prior to 1970 and a significant percentage of these homes are showing signs of age. Staff has identified common exterior maintenance issues through resident complaints and by conducting an exterior housing inventory. Approximately 45 percent of the housing stock has now been inventoried and the results show that two percent of homes have major defects with their exterior walls, roofs, and gutters. Minor defects were more prominent: chimney (22 percent), garage doors (17 percent), roofs (16 percent), gutters (13 percent), exterior walls (12 percent), doors (11 percent) and windows (9 percent). It is expected that property conditions will deteriorate and residential complaints increase without the adoption of standards. 'his RPMC would help meet the City Council's goal of maintain the housing stock in two ways. First, the ordinance would bring awareness to residents about the importance of property maintenance. Second, it would allow staff to take a proactive approach in maintaining community standards. The RPMC has been reviewed by the City Attorney. Staff has also identified frequent complaint issues and community concerns. Two issues, graffiti and firewood storage are not addressed in City Code. Staff has prepared ordinances to address these issues. Staff also prepared changes to the following ordinances because they are either missing important information or inadequate: Section 10.50 Shade Tree Disease, Section 10.40 Collection and Conveyance of Garbage, Section 9.08 Truck, Bus and Equipment Parking, Section 10.70 Junk Cars, Stock Cars, Racers, Section 4.06 House and Building Numbering. At Council direction Section 6.35 Collection and Conveyance of Garbage was modified in order to coordinate residential garbage pickup. Staff plans to conduct public participation and explain the importance of a residential property maintenance code and edits to the City Code. Attachments New Section 4.61 Residential Property Maintenance Code (7 pages) Underlined/Overscored Version of Section 6.35 Collection and Conveyance of Garbage, Refuse, Yard Waste, and Recyclables (5 pages) Underlined/Overscored Version of Section 10.40 Collection and Disposal of Garbage, Refuse, Yard Waste, and Recyclables (5 pages) New Section 10.24 Firewood Storage (2 pages) New Section 10.63 Graffiti (6 pages) Replacement Section 10.50 Shade Tree Diseases (3 pages) Underlined/Overscored Version of Section 10.70 Junk Cars, Stock Cars, Racers (7 pages) Underlined/Overscored Version of Section 9.08 Truck and Bus Parking (2 pages) Underlined/Overscored Version of Section 4.06 House and Building Numbers (1 page) 2 NEW SECTION 4.61. RESIDENTIAL PROPERTY MAINTENANCE CODE 3 4 Subdivision 1. Title. This Section 4.61 of City Code _shall be s known as the Residential Property Maintenance Code ("RPMC") of Golden 6 Valley. 7 8 Subdivision 2. Scope. In order to insure the health, safety, and 9 welfare of the residents of Golden Valley, the RPMC requires certain minimum 10 property maintenance standards for all residential properties within the R-1 and 1 1 R-2 zoning district. The standards set forth in the RPMC shall apply to the 12 exterior of all existing residential buildings and accessory structures within the R- 13 1 and R-2 zoning districts and, as appropriate, the grounds of the residential 14 properties. The RPMC standards shall not apply to new construction unless it is is associated with the renovation or remodeling of an existing residential or 16 accessory structure. 17 18 Subdivision 3. Definitions. For the purposes of the RPMC, the 19 following terms are defined as set forth below. Other terms not defined in this 20 Section shall have the meanings provided in Chapter 11 of the City Code: 21 22 A. "Accessory Use or Structure" A use or structure 23 subordinate to the principle use of the land or a building on the same lot and 24 serving a purpose customarily incidental to the principle use or structure except 25 as provided for essential services. 26 27 B. "Administrative Citation" — An official notification of a 28 violation of any provision of the RPMC. Such citations require correction of the 29 violation and may impose fines upon the responsible party. 30 31 C. "Bedroom" — A habitable room used or intended to be 32 used by human beings for sleeping purposes. 33 34 D. "Compliance Order" — An official notification of violation of 35 any provision of the RPMC. Such orders shall require correction of the violation 36 but shall not impose administrative fines upon the responsible party. 37 38 E. "Dwelling Unit" — Dwelling or a single, secure dwelling 39 space providing independent living facilities for one or more persons, including 40 permanent provisions for sleeping, eating, cooking, and sanitation. 41 42 F. "Good repair" or "repair" - To maintain in a sound and 43 healthy state of operation, serviceability or appearance. A 45 G. "Habitable room" — Any room or enclosed floor space for 46 sleeping or living purposes, excluding such closed places as closets, water closet 47 compartments, common areas, attics, or spaces used exclusively for storage. 48 49 50 H. "Owner" — The person or entity that owns residential 51 property in the R-1 or R-2 zoning district and/or a Residential or Accessory 52 Structure on such property. 53 54 I. "Pest and Rodent Harborages" — Any location in which 55 pests or rodents are predisposed to or would be able to live, nest, or seek 56 shelter. In all instances, an insect shall be considered a pest. 57 58 J. "Property" — Residential property in the R-1 or R-2 zoning 59 district. 60 61 K. "Residential Structure" — The primary residential 62 structure on property in the R-1 or R-2 zoning district. 63 64 65 Subdivision 4. Responsibility. 66 67 A. The owner shall be responsible for all provisions 68 contained in the RPMC insofar as he/she has ready access, or legal access 69 pursuant to agreement, to the property or structures on the property . 70 71 B. The owner shall be responsible for preventing the 72 accumulation of garbage and debris on the property. 73 74 C. The owner shall be solely responsible for the prevention 75 of pest and rodent harborage throughout the entire property. 76 77 78 Subdivision 5. Minimum Exterior Standards. All properties shall 79 meet or exceed the following minimum exterior standards.- 80 tandards:80 81 A. Residential Structures. The foundation, exterior walls, 82 exterior roof, and all appurtenances thereto of all residential structures shall be 83 kept in sound condition and repair. The foundation must adequately support the 84 building at all points. Exterior walls shall be maintained and kept free from decay, 85 dilapidation by cracks, tears or breaks from deteriorated plaster, stucco, brick, 86 wood, or other material that is extensive and shows evidence of neglect. The 87 protective surface on exterior walls of a building above ground level must be 88 maintained in good repair so as to provide a sufficient covering and protection of 89 the structural surface underneath against its deterioration. Without limiting the 90 generality of this Subdivision, a protective surface of a building shall also be 91 deemed to be out of repair if: 92 93 1. The protective surface is paint which is blistered to 94 an extent of more than 15 (fifteen) percent of the area of any plane or wall or 95 other area including windows, trims, cornices, railings, and other such areas; 96 97 2. More than 10 (ten) percent of the pointing of any 98 chimney or 15 (fifteen) percent of the pointing of any brick or stone wall is loose 99 or has fallen out; or 100 101 3. More than 15 (fifteen) percent of the finish coat of 102 a stucco wall is worn through, chipped away, broken, or damaged, revealing the 103 metal lathe or any part of the underlying structure. 104 105 B. Accessory Structures. Accessory structures must be 106 structurally sound, securable, and maintained in good repair and appearance. 107 Exterior walls, doors, and windows of accessory structures must be maintained in 108 accordance with the standards set forth for residential structures in Subdivision 109 5.A. 110 11 C. Windows and entries. Windows, exterior doors, and 112 basement hatchways of residential structures shall be reasonably weather tight, 113 watertight, and rodent proof; and kept in sound working condition and good 114 repair. Any operable window shall be provided with a screen to prevent the entry 115 of insects and rodents. 116 117 D. Walks, drives, lawn steps and stoops. Walks, driveways, 118 lawn steps, and stoops on the property shall be maintained in good repair. 119 120 E. Stairways, decks, porches and balconies. Every exterior 121 stairway, deck, porch and balcony, and all appurtenances attached thereto, of 122 residential structures shall be maintained structurally sound and in good repair, 123 with proper anchorage and capable of supporting the imposed loads. 124 125 F. Handrails and guards. Every handrail and guard on the 126 property shall be firmly fastened and capable of supporting normally imposed 127 loads and shall be maintained in good condition. 128 129 G. Gutters and downspouts. Existing gutters, leaders and 13o downspouts of residential and accessory structures must be maintained in good 131 working condition as to provide proper drainage of storm water. In no case may 132 storm water be channeled into the sanitary sewer system. Storm water, ice, or 33 snow may not be directed into, or channeled across walkways or streets where it 134 is likely to be a hazard to life or health. 135 136 H. Landscaping requirements. The owner shall be 137 responsible for maintaining landscaping on all parts of the property not used for a 138 structure, parking, or circulation except for those areas specifically set aside as 139 natural areas. 140 141 I. Driveways and Parking Area. The owner shall be 142 responsible for providing a driveway and parking area in accordance with 143 Chapter 11 of the City Code. Any such driveway or parking area shall at all times 144 be maintained in good repair. 145 146 J. Decorative features. All decorative features of residential 147 and accessory structures shall be maintained in good repair with proper 148 anchorage and in a safe condition. 149 150 K. Signs and awnings. All signs and awnings on the property 151 or attached to a structure on the property shall be maintained in good repair. It 152 shall be the responsibility of the owner to repair, replace, or remove any sign or 153 awning deemed not to be in good repair by the City Manager or designee. 154 155 L. Retaining walls. All retaining walls, or similar structures 156 shall be maintained in good repair with proper anchorage and in safe condition 157 and shall not be leaning or have missing blocks or slates. It shall be the 158 responsibility of the owner to repair or replace any retaining wall deemed not to 159 be in good repair by the City Manager or designee. 160 161 M. Sanitation. All exterior property and premises shall be 162 maintained in a clean, safe and sanitary condition. The occupant shall keep that 163 part of the exterior property which such occupant occupies or controls in a clean 164 and sanitary condition. 165 166 N. Renovations, Remodeling, and Maintenance Projects. All 167 exterior renovations, remodeling, or maintenance projects shall be completed in 168 a timely manner, but in no event later than twelve (12) months after the date of 169 commencement of the work or the issuance of a building permit for such work. 170 171 O. Property Identification. Owner shall be responsible for 172 providing property identification in accordance with Section 4.06 of the City Code. 173 174 P. Storage, Collection and Disposal of Garbage, Refuse, 175 Yard Waste and Recyclables. Owner or tenant shall be responsible for storage, 176 collection and disposal of garbage and refuse, yard waste, and recyclables in 177 accordance with Section 10.40 of the City Code. 178 179 Q. Woodpiles. Owner shall be responsible for storage of 1 so firewood in accordance with Section ... of the City Code. 181 182 183 Subdivision 6. Enforcement. 184 185 A. A The City Manager or designee shall enforce all 186 provisions of the RPMC for all R-1 and R-2 zoning district properties. The City 187 Manager shall ultimately be responsible for the enforcement of the RPMC. 188 189 B. Whenever the City Manager or designee determines that 190 a property, structure, or dwelling unit is out of compliance with one of more of the 191 provisions of the RPMC, the City Manager or designee shall issue a compliance 192 order setting forth the violations and ordering the owner, occupant, operator, or 193 agent to correct such violations. The compliance order shall: 194 195 1. Be in writing; 196 2. Describe the location and nature of the violations of 197 the RPMC; 198 3. Establish a reasonable time for the correction of 199 such violations; and 200 4. Be served upon the owner or the owner's agent. 201 Notice shall be deemed to be properly served upon such owner or agent if a copy 202 thereof is: 03 204 a. Served upon him/her personally; 205 b. Sent by regular mail to his/her last known 206 address; or 207 c. Upon failure to effect notice through a and b 208 above, posted at a conspicuous place in or about the property, structure, or 2o9 dwelling unit which is affected by the notice. 210 211 C. The owner shall have fifteen (15) days to comply with any 212 compliance order, starting on the date the compliance order was served. If the 213 City Manager or designee determines on the basis of reinspection that the 214 violation has not been corrected as ordered, the City Manager or designee shall 215 issue an administrative citation to the offender. A separate, additional violation 216 occurs on each day that an offender is out of compliance with the RPMC. 217 218 D. In emergency situations where an imminent threat to the 219 health, safety, or welfare of residents arises due to a violation of the RPMC, the 220 City Manager or designee may require immediate compliance. 221 222 Subdivision 7. Administrative Citations. 223 '124 A. Administrative citations. :5 226 1. A fine for a violation of any provision of the RPMC 227 may be assessed through an administrative citation according to the procedure 228 outlined in subdivision 6 of the RPMC, issued by the City Manager or designee. 229 Such fine shall be payable directly to the City. 230 231 2. The Council shall establish by resolution the 232 amount of the fine to be assessed for all administrative citations. These fines 233 shall not exceed the maximum penalty for a misdemeanor violation under State 234 law. 235 236 3. Payment of any such fine shall not relieve the 237 offender of its obligation to correct the violation nor shall it bar further 238 enforcement of the RPMC against the offender by the City. 239 240 4. Any fine paid pursuant to the RPMC shall be 241 refunded if it is determined, after an appeal hearing, that there was no violation 242 as charged in the administrative citation. 243 244 5. Payment for any administrative citation shall be due 245 twenty (20) days after its issuance. 246 247 B. Content. All administrative citations shall contain the 248 following: 249 250 1. The date of the violation; 251 2. The address or a definite description of the location 252 where the violation occurred; 253 3. The name, address, and other identifying 254 information for the person being cited; 255 4. The provisions of the RPMC violated and a 256 description of the violation; 257 5. The fine schedule for the violation; 258 6. A description of how, when, and where the fine 259 must be paid; 260 7. A brief description of the appeal process,- 261 rocess;261 8. The name and signature of the citing City Manager 262 or designee. 263 264 C. Recovery of fine resulting from administrative citation. 265 Owners shall be notified yearly by U.S. Mail of any outstanding administrative 266 citations and that such citations will be assessed against the property. Thirty (30) 267 days after mailing such letter, the Clerk shall file any outstanding administrative 268 citations as special assessments against each such property which shall become 269 liens on such lots or lands. This shall be an additional remedy and not be in lieu 270 of any other penalty provided for in City Code or state law. 271 272 D. Failure to pay administrative citation. 273 274 1. Failure to pay an administrative citation shall 275 constitute a separate, additional violation of City Code. 276 277 Subdivision 8. Appeals. 278 279 A. Right of appeal. Any person aggrieved by a 280 compliance order or administrative citation may appeal the compliance order or 281 administrative citation to the Council. Such appeals must be in writing, must 282 specify the grounds for the appeal, must be accompanied by a filing fee, and 283 must be filed with the Clerk within 10 (ten) business days after service of the 284 compliance order or administrative citation. The filing fee shall be set by the 285 Council. Failure to file an appeal shall constitute a waiver of rights to contest the 286 compliance order or administrative citation and the imposition of the fine. 287 288 B. Decision. Upon at least five business days notice 289 to the appellant of the time and place for the hearing the appeal, and within 30 290 (thirty) days after said appeal is filed, the Council shall hold a hearing thereon, at 291 which the applicant may appear and present evidence as to why the compliance 292 order or administrative citation, or any portion thereof, should not be issued. The 293 Council may reverse, modify, or affirm, in whole or in part, the administrative 294 order or compliance order and shall order return of all or part of the filing fee if >.95 the appeal is upheld. The Council may postpone a meeting and hold a hearing at 296 a later date, not to exceed 60 (sixty) days after the appeal is filed, when it is 297 necessary to do so. 298 299 Subdivision 9. Transfer of Ownership. Anyone securing an 300 interest in the dwelling or dwelling unit which has received a compliance order 301 shall be bound by the same without further service of notice and shall be liable 302 for all penalties and procedures under the RPMC. 303 304 Subdivision 10. No Warranty by City. By enacting and 305 undertaking to enforce the RPMC, neither the City nor its Council, agents, or 306 employees warrant or guaranty the safety, fitness or suitability of any dwelling in 307 the City and any representation to the contrary by any person is a misdemeanor. 308 Owners or occupants should take whatever steps they deem appropriate to 309 protect their interests, health, safety and welfare. 310 311 312 (Sections 4.62 through 4.98, inclusive, reserved for future 313 expansion.) 314 315 316 #4239911 1 I SECTION 6.35. SOLID WASTE COLLECTION AND CONVEYANCE OF 2 GARBAGE, REFUSE, YARD WASTE AND RECYCLABLES. March 15, 2006 3 4 Source: Ordinance No. 296, 2nd Series 5 Effective Date: 5-28-04 6 7 Subdivision 1. Definitions. The following terms, as used in this 8 Section, shall have the meanings stated: 9 Source: Ordinance No. 87, 2nd Series 10 Effective Date: 3-12-92 11 12 A. "DiFeGt9F meaRs-the DiFeGteF of PubliGSafety, 13 SGdFGe—QFdinaRGeNe. 152, 2nd eFmes 14 EffeGtiye Date: 11z8-96 15 16 B. "Garbage" means animal and vegetable wastes resulting 17 from the handling, preparation, cooking and consumption of food. 18 19 C. "Hauler" means any person who shall offer to, or engage 20 in the collection and/or transportation of garbage, refuse, yard waste or recycling 21 from any house, apartment, public or private institution, or commercial 22 establishment within the City, including all activities up to the time when the 23 waste is delivered to a waste facility. 24 25 D. "Litter" means garbage, recyclables and refuse. 26 27 E. "Recyclables" means items of refuse designated by the 28 Hennepin County Department of Environment and Energy to be part of an 29 authorized recycling program and which are intended for processing and 30 remanufacture or reuse. 31 32 F. "Refuse" means all wastes (except body wastes), 33 including but not limited to rubbish, paper, cardboard, ashes, rocks and 34 construction material, normally resulting from the operation of a household or 35 business establishment, but not including garbage, recylables or yard waste. 36 37 Source: Ordinance No. 87, 2nd Series 38 Effective Date: 3-12-92 39 40 G. "Yard Waste". Grass/lawn clippings, leaves, weeds, 41 garden waste (tomato vines, carrot tops, cucumber vines, etc.) softbodied plants 42 (flower and vegetable plants), shrub or tree trimmings and twigs (1/4 inch 43 diameter maximum), pine cones and needles. 44 Source: Ordinance No. 296, 2nd Series 45 Effective Date: 5-28-04 46 47 H. "Woody Yard Waste." Hedge or tree trimmings and twigs 48 (1/4 inch diameter or greater) or Christmas trees which can be hauled to a 49 commercial compost facility. 50 Source: Ordinance No. 92, 2nd Series 51 52 53 54 55 56 57 58 59 Effective Date: 6-25-92 I. "Rear Yard." A yard extending across the full width of the property and lying between the rear line of the lot and the nearest line of the principal building. J "Zone." A residential area in which garbage, other refuse, special waste and yard waste is collected on the same day, the boundaries and day of collection of which are established by the City Manager. 60 61 62 Subdivision 2. Garbage, Recyclables and Refuse Collection - 63 License Required. It is unlawful for any person to collect or transport garbage, 64 recyclables or refuse for hire without having first secured a license t-herefe from 65 the City. 66 67 Subdivision 3. Application and Fees. Any person desiring a 68 license to collect garbage, recyclables or refuse shall make application for the 69 1 same to the City Manager's designee Slerk upon a form prescribed by the 70 Council. The application shall set forth the name of the business, the owner's 71 name, the number of vehicles to be used in the City, a description of the vehicles 72 as to physical characteristics, year and name of manufacturer, approximate 73 number of customers served, schedule of charges which will be made for 74 hauling, a schedule of collection routes, and the location of proposed dumping 75 area, the telephone number where the applicant can be conveniently reached. 76 The applicant shall accompany such application with proof that the applicant has 77 public liability insurance in the amount of at least $100,000.00 for injuries, 78 including accidental death, to any one person and in an amount not less than 79 $300,000.00 on account of one accident, and property damage insurance in an 8o amount of not less than $50,000.00. In addition, the applicant shall provide proof 81 that applicant has obtained worker's compensation insurance in compliance with 82 the laws of the State of Minnesota. The application shall include a statement that 83 the person making application has paid all license fees and taxes required 84 therefore. A license fee in the amount set forth by resolution of the Council shall 85 be charged for each vehicle to be operated within the City by such applicant 86 garbage, recyclable and refuse hauler, during any part of the license year, shall 87 accompany the application, and upon grant of the license, the fees shall be depo- 88 sited in the General Fund. No license issued hereunder shall be for a longer 89 period than one year, and all licenses shall expire on April 1 st of each year. The 90 91 GeunGil. The Chief of Fire and InSPeGtiGRS shall GOMplete the investigatioR and 92 Fepert within a peried Of teR days and shall advise the City Glerk wheR SUGh. -- The QeFk shall then set • - been - 96 97 Subdivision 4. Granting of License. If the City finds that the 98 applicant is responsible and has proper equipment for such collection, and that a 99 need exists for additional garbage, recyclables or refuse service and that no too nuisance is liable to be created by the granting of said license, the Council may 101 grant the applicant a license for the collection of garbage, recyclables and/or 102 refuse. 103 104 Subdivision 5. Vehicles. los 106 A. Vehicles used to collect and transport garbage over the 107 streets and alleys of the City shall have a fully enclosed metal body which is los tightly sealed and properly maintained, and operated to prevent offensive odors log escaping therefrom, and solids or liquids from leaking, spilling, dropping, or 110 blowing from the vehicle. 112 B. Vehicles used to collect and transport refuse over the 113 streets and alleys of the City shall completely contain said refuse in a tightly 114 sealed unit, to prevent the refuse, solid or liquid, from leaking, spilling, dropping, 115 or blowing from the vehicle. 116 117 C. Vehicles must be kept in good repair and in clean and i 18 sanitary condition and are subject to periodic inspection by the Sanitarian or 119 other Inspectors of the City. Vehicles shall be equipped with brooms and shovels 120 for use in sweeping up all garbage, recyclables, yard wastes and refuse spilled 121 during collection or hauling thereof. 122 123 Subdivision 6. Disposal. Disposal of any garbage, recyclables, 124 refuse, yard waste or woody yard waste collected by any private hauler, shall not 125 be made except at places specifically authorized by the Minnesota Pollution 126 Control Agency and the Hennepin County Board. 127 128 Subdivision 7. Scattering of Garbage, Recyclables, Yard 129 Waste, Woody Yard Waste or Refuse. It is unlawful for any person to, and no 130 licensed collector shall, permit or allow any of the employees of such collector to 131 cast, spill_, place, sweep, or deposit anywhere within the City any garbage, 132 recyclables, yard waste, woody yard waste or refuse in such a manner that it 133 may be carried or deposited by the elements upon any street, sidewalk, alley, 134 sewer, parkway or other public place, or into any other premises within the City. 135 Any citizen participating in a City sponsored program to remove such wastes 136 shall be exempt from these provisions for a period of 40 days prior to the 137 scheduled date of pick-up. 138 139 Subdivision B. Hours of Collection. 140 I A. Residential and Multiple Dwelling Districts 141 1. The City shall be divided into zones by the City 142 Manager for solid waste collection from residential dwellings Solid waste from 143 those residential dwellings within each zone shall be collected on the same day. 144 145 2. Collection of garbage, recyclables, yard waste, 146 woody yard waste and refuse in a residential or multiple dwelling zone shall be 147 only between 7:00 A.M. and 6:00 P.M. Collection at times other than the 148 prescribed hours and days shall constitute a misdemeanor; provided, however, 149 that upon a proper showing being made to the Ciy 150 Manager's designee that an emergency exists, the C-hfef City Manager's 151 designee may issue a permit for collection at a time or times other than as 152 specified in this Section; no such special permit shall extend for a period of more 153 1 than 14 days from date of its issuance. 154 B. All other Zoning Districts. Collection of garbage, 155 recyclables, yard waste, woody yard waste, and refuse in all zoning districts not 156 included in Section A of this subdivision shall be prohibited between 10:00 PM 157 and 6:00 AM. Collection at times other than the prescribed hours and days shall 158 constitute a misdemeanor; provided, however, that upon a proper showing being 159 1 made to the Chief City Manager's designee that an emergency exists, the Ghief 160 City Manager's designee may issue a permit for collection at a time or times 161 other than as specified in this Section; no such special permit shall extend for a 162 period of more than 14 days from date of its issuance. 163 164 Subdivision 9. Conditions of Licensing. Licensees engaged in 165 residential collection shall furnish a full class of residential services for pickup of 166 garbage and refuse. Licensees engaged in recycling collection from multifamily 167 dwellings in excess of four units shall furnish a full class of services for pickup of 168 recyclables, accepting at a minimum, all materials collected in the City's curbside 169 recycling program as outlined in the current curbside recycling contract. 17o Licensing of garbage, refuse, and recycling haulers by the City shall not preclude 171 the City from contracting with a hauler for the exclusive pickup of residential 172 garbage, recyclables, yard waste, and refuse for the City. 173 174 Subdivision 10. Revocation of License. Any license issued 75 hereunder may be revoked or suspended by the Council if false statements have 176 been made in the application therefor and may be revoked upon failure of a 177 licensee to comply with the requirements of the provisions of the City Code. 178 179 Subdivision 11. Recycling Program. The City shall maintain a 18o recycling program designed to reduce the amount of recyclables generated 181 within the City for disposal. Reports providing information on generation, 182 collection and disposal of garbage, recyclables, refuse, yard waste and woody 183 yard waste within the City shall be submitted to Hennepin County as prescribed 184 by its Department of Environment and Energy. The Gity MaRager 9F designee 185 1 City Manager's designee shall establish administrative program guidelines for 186 each program and fees shall be established by resolution of the Council. 187 Elements of the recycling program shall consist of: 188 189 A. Curbside Recycling. The City shall contract for curbside 190 recycling to all single and multiple family residences of four units or less. Cost of 191 said program will be billed on a quarterly basis to all recipients, based on the cost 192 of providing the service less any subsidy provided by Hennepin County. 193 194 B. Commercial and Institutional Recycling. Commercial and 195 institutional entities within the City shall contract for recycling collection to meet 196 their needs, the cost of which shall be paid by said commercial or institutional 197 entity. The City will provide information on resources and guidance for setting up 198 such programs. 199 200 C. Multifamily Recycling. Owners of multifamily dwellings 201 containing more than four dwelling units shall provide a recycling collection 202 service for their residents with a designated on-site collection area. Owners shall 203 contract for weekly collection of the recyclables from the on-site collection area, 204 the cost of which shall be paid by the multifamily dwelling owner. Such collection los shall include, at a minimum, all materials collected in the City's curbside recycling 206 program maintained in accordance with this Section and shall meet applicable 207 Hennepin County requirements. 208 209 D. Special Collection and Drop-off Programs. Licensed 210 residential haulers operating within the City shall provide yard waste and woody 211 yard waste pick-up in the spring and fall as part of their collection service. The 212 City may from time to time collect or provide drop-off sites for yard waste or 213 recyclables. I 215 Subdivision 12. Enforcement and Warnings. The Chief of Fire 216 217 City Manager's designee has have responsibility for the 218 enforcement of the provisions of this Section. The City or any of its haulers may 219 issue a warning notice to any person observed not in compliance with any 220 provisions of this Section. Such warning may serve as the basis to reject 221 noncompliant waste materials for collection. 222 223 Source: Ordinance No. 296, 2nd Series 1 2 1 SECTION 10.40. STORAGE, COLLECTION, AND DISPOSAL OF GARBAGE, 3 REFUSE, YARD WASTE, AND RECYCLABLES. March 22, 2006 4 Subdivision 1. Definitions. The following terms, as used in this s Section, shall have the meanings stated: 7 A. "Compost." A mixture of decayed organic matter. a B. "Composting." An above ground microbial process that 9 converts yard waste to organic soil or mulch by decomposition of material 10 through an aerobic process providing adequate oxygen and moisture. 1 1 C. "Container" means a container designed to hold either 12 garbage, litter, refuse, yard waste, or recyclables. 14 E. "Garbage" means animal and vegetable wastes resulting 15 from the handling, preparation, cooking and consumption of food. 16 F. "Hauler' means any person who shall offer to, or engage 17 in the collection and/or transportation of garbage, refuse, yard waste or recycling 18 from any house, apartment, public or private institution, or commercial t9 establishment within the City, including all activities up to the time when the 20 waste is delivered to a waste facility. 21 G. "Litter' means garbage, recyclables and refuse. 22 H. "Recyclables" means items of refuse designated by the 23 Hennepin County Department of Environment and Energy to be part of an 24 authorized recycling program and which are intended for processing and 25 remanufacture or reuse. 26 I. "Refuse" means all wastes (except body wastes), including 27 but not limited to rubbish, paper, cardboard, ashes, rocks and construction 28 material, normally resulting from the operation of a household or business 29 establishment, but not including garbage, recyclables or yard waste. 30 J. "Woody Yard Waste." Hedge or tree trimmings and twigs 31 (1/4 inch diameter or greater) or Christmas trees which can be hauled to a 32 commercial compost facility. 33 K. "Yard Waste". Grass/lawn clippings, leaves, weeds, 34 garden waste (tomato vines, carrot tops, cucumber vines, etc.) softbodied plants 35 (flower and vegetable plants), hedge or tree trimmings and twigs (1/4 inch 36 diameter maximum), pine cones and needles. 37 38 Subdivision 2. Littering Prohibited. It is unlawful for any person 39 who does not own, occupy, or control a parcel of property within the City to throw 40 or deposit litter, yard waste or woody yard waste on any such property. 41 Subdivision 3. Owner to Maintain Premises Free of Litter - 42 Disposal Required. The owner, occupant, and/or person in control of any 43 private property, whether occupied or vacant, shall at all times maintain the 44 premises free of litter; provided, however, that this Section shall not prohibit the 45 storage of litter in receptacles which meet the requirements of this Section. 46 Except to the extent permitted as composting under this Section, every such 47 person shall also provide for the regular disposal of garbage, recyclables, refuse, 48 yard waste, and woody yard waste, which may accumulate upon such private 49 property, including garbage, recyclables, refuse, yard waste and woody yard 50 waste stored in receptacles which comply with this Section, which disposal shall 51 be accomplished in a sanitary manner. 52 Subdivision 4. Garbage, Recyclables and Refuse Storage. The 53 owner, occupant, and/or person in control of any private property, business 54 establishment, or industry, shall be responsible for the satisfactory storage of all 55 garbage, recyclables and refuse accumulated at the premises, business 56 establishment, or industry. 57 A. Garbage shall be stored in durable, rust -resistant, 58 nonabsorbent, watertight, rodent -proof, and easily cleanable containers, with 59 close -fitting, fly -tight covers. 60 B. Refuse shall be stored in durable containers or as 61 otherwise provided in this Section. Where garbage is stored in combination with 62 refuse, containers for the storage of the mixture shall meet the requirements for 63 garbage containers. 64 C. Toxic or hazardous wastes shall be stored in the proper 65 containers which are adequately labeled in a safe location and in compliance 66 with the regulations of Federal, State and City governments, and their regulatory 67 agencies. 68 D. All containers for the storage of garbage, recyclables and 69 refuse shall be maintained in such a manner as to prevent the creation of a 7o nuisance or menace to public health. Containers that are broken or otherwise fail 71 to meet requirements of this Section shall be replaced with acceptable 72 containers. 73 E. Garbage, recyclables, refuse, yard waste or woody yard waste 74 objects or materials too large or otherwise unsuitable for storage containers shall 75 be stored in a sanitary manner, in compliance with the regulations of Federal and 76 State government and their regulatory agencies, and in compliance with the City 77 Code. The owner, occupant and/or person in charge of the premises, business 78 establishment, or industry shall arrange the disposal of such garbage, 79 recyclables, refuse, yard waste or woody yard waste objects or materials as soon 8o as practically possible; provided, however, that, except for yard waste and woody 81 yard waste which shall be accomplished in 30 days, in all other cases such 82 disposal shall be accomplished within ten (10) days of the date on which such 83 materials were first stored on such premises, business establishment, or 84 industry, unless a longer period of storage is specified by the regulations of a 85 Federal or State government, or their regulatory agencies, or unless such owner, 86 occupant, and/or person in charge of such premises, business establishment, or 87 industry obtains a permit to store such garbage, recyclables, refuse, yard waste 88 I or woody yard waste objects or materials for a longer period from the Ghief City 89 Manager or designee. The Ghief City Manager or designee shall issue a permit go for a longer period of storage only upon a showing of need for such storage and 91 satisfactory evidence that such storage will not endanger the health or safety of 92 any person or create a nuisance. 93 Subdivision 5. Location of Containers _Residential Zoning 94 Districts. Containers shall be stored no more than three (3) feet from the primary 95 or accessory structure and shall at all times be located behind the front of the 96 primary structure. Containers may be placed at the curb n^ cG„neF than 24 hoi irc 97 98 99 steFed within 24 h. -,, from 5pm the day prior to collection to 9pm the day of 100 collection 101 Subdivision 6. Location of Containers- Commercial 102 Establishments and Multiple Dwelling Units. Any bulk or box type container 103 used for the storage of solid waste or recyclables must be fully screened from 104 view of the public right-of-way, public park, or residential area. In no event shall 105 containers be placed next to the street or be placed or maintained in such a way 106 as to unreasonably interfere with the use of adjoining property. Recycling 107 containers less than one (1) cubic yard in capacity do not need to be screened 108 from view of the public right-of-way, but must be placed on a paved surface. tog Baled recyclables must be stored out of view from the public right-of-way other 110 than a 24 hour time period before a scheduled collection. 111 Subdivision 7 Composting. Composting is permitted only on 112 residential properties having up to four (4) dwelling units provided that all of the 113 following conditions are met:: 14 A. Permitted Composting Materials. Only yard waste, straw, 115 fruit and vegetable scraps, coffee grounds or egg shells generated from the site 116 on which the compost is located are permitted composting materials. In addition, 117 commercially available ingredients specifically designed to speed or enhance 118 decomposition can be placed in the composting structure. 119 B. Prohibited Composting Materials. The following materials 120 shall not be placed in the composting structure: woody yard waste, meat, bones, 121 fat oils, whole eggs, dairy products, unshredded branches or logs, weeds heavily 122 loaded with seeds, plastics, synthetic fibers, human or pet wastes, diseased 123 plants, or any other garbage or refuse except for those permitted above in "A." 124 C. Composting Structure. All composting materials must be 125 contained in a bin which may be constructed of wood, wire mesh, a combination 126 of wood and wire or in commercially fabricated compost bins designed to contain 127 composting materials. Maximum of one structure is allowed per lot. 128 D. Composting Structure Size. Composting shall be 129 conducted within an enclosed structure not to exceed a total of five hundred 130 (500) cubic feet (for example, 10'x10'x5') in volume. Maximum height of the 131 composting structure shall be five (5) feet. 132 E. Location. The composting structure shall be located in the 133 rear yard of the property, and be at least five (5) feet from the property line, or 134 thirty-five (35) feet if the property line is also a street line, and no closer than 135 twenty (20) feet to any habitable building, other than the residents' own home. 136 F. Maintenance. The compost shall be managed in keeping 137 with standard compost practices which include providing adequate air circulation 138 to prevent combustion and objectionable odors to adjacent properties. 139 G. Nuisance. The operation of composting in a manner that 14o results in objectionable odors and/or the placing of prohibited materials in a 141 composting structure to create a health hazard is considered a public nuisance. 142 1 Subdivision 8. Enforcement. The 143 144 1 Offise-FTCity Manager or designee have responsibility for the enforcement of 145 provisions of this Section. 146 A. Warnings. The City er aRy of its haulers may issue a 147 warning notice to any person observed not in compliance with any provisions of 148 this Section. Such warning may serve as the basis to reject noncompliant waste 149 materials for collection. 150I B. Inspections. The City Manager or designee shall inspect or investigate as necessary to determine 152 whether an immediate health hazard exists as a result of a violation to this 153 Section. Such official may enter upon any land without the consent of the owner 154 and without being subject to any action for trespass. However, if entry into 155 enclosed buildings is necessary, such official shall obtain the consent of the 156 owner, occupant, or person in control of such premises beforehand. If such 157 permission cannot be obtained, such official shall obtain a warrant to enter said 158 building based upon probable cause to believe that a violation of this Section 159 1 exists. The Chief and represeRta+;City Manager's designee shall carry 160 identification, in a form approved by the Council, and produce it at the request of 161 any owner, occupant, or person in control of said premises. 162 C. City Removal. 163 1. If the owner of private property fails to maintain the 164 property free of litter, refuse, yard waste or woody yard waste as required under 165 this Section, the City may remove the same and assess the cost for said 166 removal. 167 168 2. Prior to City removal of litter, refuse, yard waste or 169 woody yard waste, the head of the Department of PubliG Safety, E)F his OF he 170 1 des+gRee Citi Manager's designee, shall prepare and serve the property owner 171 with a notice: a) describing the property and the violation; b) setting forth a date 172 by which the litter or waste must be removed (which in no event shall be earlier 73 than 30 days from the date of notice); c) providing the option for a hearing before 174 the Council (and setting forth the procedure for obtaining said hearing); and d) 175 warning that cost of City removal may be assessed against the property. 176 3. If the property owner desires a Council hearing, the 177 hearing must be initiated by the property owner before the City commences 178 abatement, and upon owner's request for a hearing the City Staff shall take no 179 action to abate the alleged violation. 180 4. If a Council hearing is conducted, the Council may 181 hear evidence from any interested party. If the Council determines a violation 182 exists, it shall order a time period within which removal is required of the property 183 owner and if said order is not fully complied with, then the City Staff shall proceed 184 to abate the violation and assess the costs therefore against the property. 185 5. If no hearing before the Council is required 186 1 requested by the owner of the property and at least 30 days have lapsed since 187 the notice date, the City may enter the property, remove the litter, refuse, yard 188 waste or woody waste and assess the cost of removal against the property 189 owner. If the City has removed said materials from property one or more time in 190 the past 2 (two) years, the notice as stated herein and in item 2 shall be reduced 191 to a period of not more than 10 days. NEW SECTION 10.24 FIREWOOD STORAGE. 3 Subdivision 1. Purpose. The City Council finds that the use of 4 wood for home heating is common and that to protect the public health and s safety, woodpiles on residential properties must be located and maintained in a 6 safe and orderly fashion. 7 Subdivision 2. Definitions. The following terms, as used in this 8 Section, shall have the meanings stated: 9 A. "Accessory Structure" - A structure subordinate to the 10 principal use of the land or a building on the same lot and serving a purpose 11 customarily incidental to the principal use or structure except as provided for 12 essential services. 13 B. "Cord of Firewood" — Means a unit of cut fuel wood, equal 14 to 128 cubic feet in a stack. 15 C. "Firewood" - Wood or wood product used or intended for 16 heating fuel in a residence or for recreational fire. Painted or treated wood shall 17 not be considered firewood. 18 E. "Neat, Secure Stack" - A stack of firewood that is piled in 19 a regular, orderly arrangement that is stable and reasonably resistant to collapse. 20 Subdivision 3. Outdoor Storage. The following are conditions for 21 outdoor firewood storage. 22 A. Except for firewood and construction materials necessary 23 for on-site work, no wood or wood product shall be kept or stored upon a 24 residential premises. 25 B. Firewood may be stored upon a residential premises 26 solely for use on the premises and not for resale. 27 C. Except as provided below, all firewood located upon a 28 residential premises shall be stored as follows: 29 1. The firewood shall be cut/split to a uniform shape 30 thirty inches in length or less, stored in neat, secure stacks, and prepared for 31 use. 32 2. Each stack cannot exceed a cord of firewood. The 33 height of a woodpile over three feet shall be no more than twice its width, but in 34 no event shall the height exceed five feet; 35 3. Firewood stacks must have at least 10 feet of 36 space from each other 37 4. The firewood shall be stored on an impervious 38 surface or a minimum of six inches off the ground; 39 5. No firewood shall be stored within three feet of any 40 side or five feet of any rear property line; except that if the wood is stored in an 41 accessory structure the accessory structure shall meet all zoning setback 42 requirements; 43 6. No firewood shall be stored in the front yard; 44 Subdivision 4 Existing Woodpiles. 45 A. All existing woodpiles shall be brought into compliance 46 with the provisions of this ordinance within thirty days of notification by U.S. Mail. 1 2 NEW SECTION 10.63 GRAFFITI 3 4 Subdivision 1. Purpose. 5 A. The City Council finds that it is necessary to adopt 6 regulations to prevent the spread of graffiti vandalism and to establish a program 7 for the removal of graffiti from public and private property. 8 B. The Council finds that graffiti is a public nuisance and 9 destructive of the rights and values of property owners as well as the entire 10 community. 11 Subdivision 2. Definitions The following terms, as used in this 12 Section, shall have the meanings stated: 13 A. "Aerosol Paint Container." Any aerosol container that is 14 adapted or made for the purpose of applying spray paint or other substances 15 capable of defacing property. 16 B. "Administrative Citation" — An official notification of a 17 violation of any provision of this Section. Such citations require correction of the 18 violation and may impose fines upon the responsible party. 19 C. "Broad -Tipped Marker." Any felt tip indelible marker or 20 similar implement with a flat or angled writing surface that, at its broadest width, 21 is greater than one-fourth of an inch, containing ink or other pigmented liquid that 22 is not water soluble. 23 D. "Etching Equipment." Any tool, device, or substance that 24 can be used to make permanent marks on any natural or man-made surface. 25 E. "Graffiti." Any unauthorized inscription, word, figure, 26 painting, symbol, or other defacement that is written, marked, etched, scratched, 27 sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of 28 public or private property by any graffiti implement. 29 F. "Graffiti Implement." An aerosol paint container, a broad - 30 tipped marker, gum label, paint stick or graffiti stick, etching equipment, brush or 31 any other device capable of scarring or leaving a visible mark on any natural or 32 man-made surface. 33 G. "Paint Stick or Graffiti Stick." Any device containing a 34 solid form of paint, chalk, wax, epoxy, or other similar substance capable of being 35 applied to a surface by pressure and leaving a mark of at least one-fourth of an 36 inch in width. 37 Subdivision 3. Prohibited Acts. 38 A, Defacement. It is unlawful for any person to apply graffiti 39 to any natural or man-made surface on any publicly or privately owned property 40 B. Possession of Graffiti Implements. Unless otherwise 41 authorized by the owner or occupant, it is unlawful for any person to possess any 42 graffiti implement while: 43 1. Within 200 feet of any graffiti located in or on a 44 public facility, park, playground, swimming pool, recreational facility, bridge, or 45 other public building or structure owned or operated by a governmental agency; 46 or 47 2. Within 200 feet of any graffiti located in any public 48 place or on private property, between the hours of 10:00 p.m. and 5:00 a.m. 49 Subdivision 4. Graffiti as Nuisance. 50 A. Declaration. The existence of graffiti on public or private 51 property in violation of this Section is expressly declared to be a public nuisance 52 and, therefore, is subject to the removal and abatement provisions specified in 53 this Section. 54 B. Duty of property owner. It is the duty of both the owner of 55 the property to which the graffiti has been applied and any person who may be in 56 possession or who has the right to possess such property to at all times keep the 57 property clear of graffiti. 58 C. Repeat violations. If a property is subject to three or more 59 occurrences of graffiti within a year, application of anti -graffiti material of a type 60 and nature that is acceptable to the City may be required for each of the publicly 61 viewable surfaces after notification by the City, or imposed during improvements 62 or construction activities to the site as determined by the City. 63 Subdivision 5. Removal of Graffiti. 64 65 A. By perpetrator. The City may require any person applying 36 graffiti on public or private property to pay for all costs for removal of the graffiti 67 within 24 hours after notice by the City or property owner. The removal must be 68 performed in a manner prescribed by the City, with materials and colors 69 compatible with existing surfaces, and to a comparable or improved condition 70 before the graffiti application as determined by the City. Where graffiti is applied 71 by a person under 18 years old, the parents or legal guardian will also be 72 responsible for such payment for the costs of removal. Failure of any person to 73 remove graffiti or pay for the removal will constitute an additional violation of this 74 Section. 75 B. By property owner or City. In lieu of the procedure set 76 forth in Subdivision 5A, the City may order that the graffiti be removed by the 77 property owner or any person who may be in possession or who has the right to 78 possess such property, pursuant to the nuisance abatement procedure herein. 79 Graffiti removal and corrections must be performed within ten (10) days of being 80 notified by the City. The abatement shall be with materials and colors compatible 81 with existing surfaces and to a comparable or improved condition before the 82 graffiti application as determined by the City. If the property owner or responsible 83 party fails to remove offending graffiti within the time specified by the City, the 84 City may commence abatement and cost recovery proceedings for the graffiti 85 removal in accordance with this Section. 86 Subdivision 6. Abatement Procedure 87 A. Abatement by City. If the owner, occupant, or other 88 responsible party does not comply with the notice within the time specified, the 89 City may abate the public nuisance. 90 B. Notice and Hearing. The following notification must be 91 conducted prior to City abatement of the public nuisance. Whenever it is 92 determined that a public nuisance is being maintained or exists on a property, the 93 City Manager's designee must give ten day's written notice through service by 94 mail, by posting a notice on the property, or by personal delivery to the owner of 95 or person in control of the property on which the public nuisance is located. 96 When the property is occupied, service upon the occupant is deemed service 97 upon the owner. Where the property is unoccupied or abandoned, service may 98 be by mail to the last known owner of record of the property or by posting on the 99 property. The notice must state.- 100 tate: 100 1. A description of the public nuisance; 101 2. That the public nuisance must be corrected within 102 ten days of the service of the notice; 103 3. That if the public nuisance is not properly removed 104 or corrected as ordered, the public nuisance will be abated by the City and the 105 costs of abatement will be specially assessed to the property taxes; 106 4. That the owner of or person in control of the 107 property on which the public nuisance is located may in writing request a hearing 108 before the City Council. 109 C. Hearing, action. If a hearing is requested during the ten - 110 day period, the City Manager's designee must promptly schedule the hearing, 111 and no further action on the abatement of the public nuisance may be taken until 112 the City Council is rendered. At the conclusion of the scheduled hearing, the City 113 Council may cancel the notice to remove or correct the public nuisance, modify 114 the notice, or affirm the notice to remove or correct the public nuisance. If the 115 notice is modified or affirmed, the public nuisance shall be disposed of in 116 accordance with the City's written order. 117 D. Summary abatement. The enforcing officer may provide 118 for abating a public nuisance without following the procedure required in 119 Subdivision 6B when: 120 1. There is an immediate threat to the public health or 121 safety, 122 .23 damage; 124 125 2. There is an immediate threat of serious property 3. A public nuisance has been caused by private parties on public property; or 126 4. Any other condition exists that violates state or 127 local law and that is a public health or safety hazard. A reasonable attempt must 128 be made to notify the owner, occupant, or other responsible party of the intended 129 action and the right to appeal the abatement and cost recovery at the next 130 regularly scheduled City Council meeting. 131 Subdivision 7. Administrative Citations and Cost Recovery 132 133 A. Administrative Citations. 134 135 1. A fine for a violation of any provision of this Section 136 may be assessed through an administrative citation, issued by the City 137 Manager's designee and payable directly to the City. 138 139 2. The Council shall establish by resolution the 140 amount of the fine to be assessed for all administrative citations. These fines 41 shall not exceed the maximum penalty for a misdemeanor violation under State 42 law. 143 144 3. Payment of any such fine shall not excuse the 145 failure to correct the violation nor shall it bar further enforcement activity by the 146 City. 147 148 4. Any fine paid pursuant to this Section shall be 149 refunded if it is determined, after an appeal hearing, that there was no violation 150 as charged in the administrative citation. 151 152 5. Payment for any administrative citation shall be due 153 twenty (20) days after its issuance. 154 155 B. Content. All administrative citations shall contain the 156 following: 157 158 1. The date of the violation; 159 2. The address or a definite description of the location 160 where the violation occurred; 161 3. The name, address, and other identifying 162 information for the person being cited; 163 4. The provisions of this Section violated and a 164 description of the violation; 165 5. The fine schedule for the violation, 166 6. A description of how, when, and where the fine 167 must be paid; 168 7. A brief description of the appeal process; 169 8. The name and signature of the citing City 170 Manager's designee . 171 172 C. Recovery of fine resulting from administrative citation. 173 Property owners shall be notified yearly by U.S. Mail of any outstanding 174 administrative citations and that such citations will be assessed against the 175 property. Thirty (30) days after mailing such letter, the Clerk shall file any 176 outstanding administrative citations as special assessments against each such 177 property which shall become liens on such lots or lands. This shall be an 178 additional remedy and not in lieu of any other penalty provided for in City Code or 179 State law. 180 181 D. Failure to pay administrative citation. 182 183 1. Failure to pay an administrative citation shall 184 constitute a separate, additional violation of City Code. 185 E. Cost recovery. The owner of property on which a 186 nuisance has been abated by the City, or a person who has caused a public 187 nuisance on property not owned by that person, is personally liable to the City for 188 the cost of the abatement, including administrative costs. As soon as the work 189 has been completed and the cost determined, an appropriate official will prepare 190 a bill for the cost and mail it to the owner or other responsible party. The amount 191 is immediately due and payable to the City. 192 Subdivision 8. Penalties 193 A. Any violation of this Section is a misdemeanor, 194 punishable in accordance with State law. 195 B. This Section is not intended to prohibit a private property 196 owner from seeking additional penalties or remedies. 197 1 2 REPLACEMENT SECTION 10.50 SHADE TREE DISEASES 3 4 5 6 7 Subdivision 1. Purpose. The City Council has determined that the 8 health of the trees within the city limits is threatened by tree diseases and pests. It has 9 further determined that the loss of trees growing upon public and private property would 10 substantially depreciate the value of property within the City and impair the safety, good 11 order, general welfare, and convenience of the public. It is the intention of the City 12 Council to control and prevent the spread of these conditions, and this Section is 13 enacted for that purpose, and to conform to the policies and procedures embodied in 14 Minnesota Statutes, Chapter 18G, as amended, and rules promulgated thereunder. 15 16 Subdivision 2. Tree Inspection Program. The City Manager shall 17 designate a tree inspector or tree inspectors, certified by the Minnesota Commissioner 18 of Agriculture, who shall administer the Shade Tree Pest Control Program for Dutch elm 19 disease, oak wilt, and other pests for the City in accordance with the City ordinances 2o and Minnesota Statutes, Chapter 18G —Plant and Animal Pest Control, and Minnesota 21 Rules, Chapter 1505 — Department of Agriculture Pest and Disease Control and 22 subsequent amendments thereto. 23 24 Subdivision 3. Shade Tree Nuisances Declared. The following are 25 declared to be public nuisances whenever and wherever they may be found within the 26 City on private and public property: 27 28 A. Any standing or living tree or part thereof infected to any degree 29 with the Dutch elm disease fungus, Ophiostoma ulmi (Busiman) Nannf. and Ophiostoma 3o novo-ulmi Brasier or which harbors any of the elm bark beetles, Scolytus multistriatus 31 (Marsham) or Hylurgopinus rufipes (Eichoff). And also, any dead or dying elm tree, 32 arising from any cause, or part thereof with bark intact including logs, branches, stumps, 33 or firewood which has not been disposed of properly. 34 35 B. Any living or standing tree or part thereof in the red oak group 36 (red oak, pin oak, scarlet oak, black oak) infected to any degree with the oak wilt 37 fungus, Ceratocystis fagacearum (Bretz) Hunt. 38 39 C. Also, any living or standing tree in the white oak group (white 40 oak, bur oak, bicolor oak) that poses a threat of transmission of the oak wilt fungus to 41 other trees of the same species through interconnected or grafted root systems. 42 43 D. Any tree or shrub that in the opinion of the tree inspector has 44 become or threatens to become a hazard so as to adversely affect the public health, 45 safety or welfare, whether such tree or shrub shall be on public or private property 46 47 E. Any trees or shrubs with epidemic diseases or pests. 48 49 Subdivision 4. Abatement. It is unlawful for any person to permit a 50 public nuisance as defined in Subdivision 3 to remain on any premises owned or 51 controlled by that person within the City. Such nuisances may be abated in the manner prescribed by this Section. 53 54 Subdivision 5. Inspection and Investigation. 55 56 A. Annual Inspection: The certified tree inspector so designated by 57 the City manager shall inspect all premises and places within the City as many times as 58 practical or necessary to determine whether any conditions described in Subdivision 3 59 exist. The tree inspector shall investigate all reported incidents of infection or infestation 6o by Dutch elm disease or elm bark beetles, oak wilt disease, other shade tree disease(s) 61 or pest problem(s), and hazardous trees and shrubs. 62 63 B. Entry upon Private Premises: The tree inspector may enter and 64 inspect any private or public property at any reasonable time for the purpose of carrying 65 out the assigned duties specified under this Section. Such inspections will be preceded 66 by a legal notice published once annually in the City's local (legal) newspaper informing 67 all property owners within the City to destroy and dispose of tree materials declared a 68 nuisance by Subdivision 3. 69 70 C. Diagnosis: The tree inspector shall, upon finding indications of 71 Dutch elm disease or oak wilt, take such appropriate steps for diagnosis, including 72 analysis of twig samples from actively wilting branches by the Minnesota Department of 7Agriculture Shade Tree Laboratory, or other diagnostic laboratories capable of performing such services approved by the Minnesota Commissioner of Agriculture. 75 Whenever possible, diagnosis will be based upon accepted field (onsite) symptoms. 76 77 D. Hazard Tree Evaluation: The tree inspector shall assess 78 potential hazardous trees according to the following guidelines as established by the 79 Minnesota Department of Natural Resources: 1) dead trees and branches, 2) cracks, 3) 80 weak branch unions, 4) decay, 5) poor tree architecture, 6) root problems, and 7) 81 cankers. A hazard tree has a mechanical defect that is likely to cause a tree or a part 82 thereof, to fail and said failure has the potential to adversely affect a target. A target 83 includes, but is not limited to, people, vehicles, buildings, and property, etc. Trees 84 without targets are not considered hazards even if they are likely to fail and can be 85 considered beneficial in habitat protection. 86 87 Subdivision 6. Interference Prohibited. It is unlawful for any person to 88 prevent, delay or interfere with the City Tree Inspector or their agent(s) while they are 89 engaged in the performance of duties imposed by this ordinance. 90 91 Subdivision 7. Procedure for Abatement and Removal. 92 93 A. Abatement of Shade Tree Disease Nuisances. In abating the 94 nuisances defined in this Section, the City Tree Inspector shall cause the infected tree, 9shrub or wood to be removed, burned, debarked, and trenched (buried) or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of 97 disease. Such abatement procedures shall be carried out in accordance with current 98 technical and expert opinions and procedures as may be established by the 99 Commissioner of Agriculture. 100 101 B. Procedure for Removal of Infected Trees and Wood. Findings: 102 Whenever the tree inspector finds with reasonable certainty that the infestation defined 103 in this Section exists in any tree, shrub or wood in any public or private place in the City, 104 the inspector shall proceed as follows: If the tree inspector finds that danger of 105 infestation of other trees is imminent, or a potentially hazardous condition is identified, lob the property owner shall be notified by mail that the nuisance shall be abated 20 107 (twenty) days after notification. After the expiration of the time limited by the notice, the los City may abate the nuisance, the costs of which will be assessed against the benefiting log property. 110 ill C. Assessment. The City may assess the charges or any portion 112 thereof against the property involved as a special assessment under pertinent State 113 statutes for certification to the County Auditor and collection the following year along 114 with current taxes. 115 115 Subdivision B. Transporting Elm and Oak Wood Prohibited. 117 Whenever the City Tree Inspector finds with reasonable certainty that wood being 118 transported in the City is infested and/or infected, and constitutes a hazard to the public, 119 the tree inspector shall have the authority to prohibit such transporting. 120 Commercial Vehicles, Junk Cars, Stock Cars, Racers, 2 Etc. 4 5 SECTION 10.70. JUNK CARS, STOCK CARS, RACERS, ETC. 6 7 Subdivision 1. Definitions. For the purposes of this Section the 8 following terms shall have the meanings given: 9 10 1. "Abandoned Motor Vehicle" means a motor vehicle that 11 has remained for a period of more than 48 hours on public property illegally or 12 lacking vital component parts, or has remained for a period of more than 48 13 hours on private property without the consent of the person in control of such 14 property or in an inoperable condition such that it has no substantial potential 15 further use consistent with its usual functions, unless it is kept in an enclosed 16 garage or storage building. It shall also mean a motor vehicle voluntarily 17 surrendered by its owner to and accepted by the City. A classic car or pioneer 18 car, as defined in Minnesota Statutes, Section 168.10, shall not be considered an ,9 abandoned motor vehicle. Vehicles on the premises of junkyards and automobile 20 graveyards, which are defined, maintained and licensed in accordance with 21 Minnesota Statutes, Section 161.242, or which are licensed and/or maintained in 22 accordance with the City Code, shall not be considered abandoned motor 23 vehicles within the meaning of this definition. 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 2. "Bus" means a vehicle designed for carrying more than fourteen passengers or having a seating capacity of more than fourteen persons. 3. "Motor TFUGk, TFUGk TraGtGF, Commercial Vehicle or " mo n a vohinlo or piono of egUinmon+ haViRg oith ity of rneFe than One "I teR er a weight of mere than 7,000 Pounds gFoss E) A motor vehicle is a Commercial Vehicle if: a. The vehicle is a dumptruck, a step van, a tow truck, a construction vehicle or equipment an earth -moving vehicle or equipment, a van or pickup with a manufacturer's nominal rated carrying capacity of more than one ton, or anv other vehicle which is used in connection with commercial activities b. Commercial equipment has been added to the vehicle such as winches or snow plows; c. Commercial racks have been added to the vehicle for the purpose of holding equipment or materials; 45 d The vehicle is a pickup with a nonstandard pickup 46 box: or 47 48 e. The vehicle is a trailer loaded with another 49 Commercial Vehicle or commercial equipment. 50 51 52 53 4 nDmro WF" means the Diron+nr of Public Cafo4y 54 55 F=ffeet*ve Date� 6-30 88 56 57 5. "Junk Car" means any motor vehicle which is not in 58 operable condition, or which is partially dismantled, or which is used for sale of 59 parts or as a source of repair or replacement parts for other vehicles, or which is 6o kept for scrapping, dismantling, or salvage of any kind, or which is not properly 61 licensed for operation. 62 63 6. "Racing Car" means any motor vehicle designed or 64 intended for operation on a speedway, racetrack, or other facility used or 65 designed for high speed contests between two or more vehicles or for timing of 66 speed. 67 68 7. "Stock Car" means any motor vehicle of standard design 69 and construction which is modified, adapted or altered in any manner to increase 70 its speed or safety, and designed or intended for operation on a speedway, 71 racetrack, or other facility used or designed for high speed contests between two 72 or more vehicles or for timing of speed. 73 74 8. "Vital Component Parts" means those parts of a motor 75 vehicle that are essential to the mechanical functioning of the vehicle, including, 76 but not limited to, the motor, drive train, and wheels. 77 78 9. "Vehicle" shall mean those vehicles and that equipment 79 defined in numbers 1, 2, 3, 4 and 5 of this Subdivision. 80 Source: Ordinance No. 69, 2"d Series 81 Effective Date: 6-13-91 82 83 Subdivision 2. Parking or Storing of Junk Car, Stock Car, 84 Racing Car. It is unlawful for any person to park, keep, place or store, or permit 85 the parking or storage of, any stock car, racing car or junk car on a public street, 86 or on any private lands or premises which such person owns, occupies or 87 controls for a period longer than 12 hours unless it is within a building on such 88 private premises. 89 Source: City Code 90 Effective Date: 6-30-88 91 92 I Subdivision 3. Parking or Storing of Commercial Vehicles of 93 and Equipment in Residential Districts. , 94 95 , 96 97 nromicoc where paFked or Lori 98 99 A. No bus, Commercial Vehicle equipment or trailer shall be loo permitted to park in any residential district outside of an enclosed building except 101 for the purpose of loading or unloading which exceeds any of the following 102 103 1. Eight (8) feet in height measured from the ground to 104 the highest point on the vehicle at recommended tire pressure For the purpose 105 of measuring height, all accessories attachments and materials carried upon a 106 vehicle shall be considered part of the vehicle. 107 108 2. Twenty-two (22) feet in length measured at the 109 longest point of the vehicle or, if a trailer, the horizontal distance between the 1 to front and rear edges of the trailer bed. For the purpose of measuring length all 111 accessories, attachments, and materials carried upon a vehicle shall be 12 considered part of the vehicle or trailer bed; or 113 114 3. 7,000 pounds gross vehicle weight rating if the 115 vehicle is a licensed or 7,000 pounds empty weight if it is an unlicensed vehicle 116 117 118 B. Only Commercial Vehicles which do not exceed any of the size 119 requirements under Subdivision 3A of this section and are designed exclusively 120 for on -street use can be parked on residential lots outside an enclosed building 121 122 123 C. Exceptions 124 125 1. Any vehicle being used in conjunction with a temporary 126 service benefiting the property. 127 128 2. Vehicles actively used in conjunction with authorized 129 construction, remodeling, or contract work while the work is underway. For 130 purposes of this code, active is considered a vehicle not left idle for than 72 131 hours. 132 133 3. Vehicles used in conjunction with authorized state county 14 or city public works construction 135 136 137 Subdivision 4. Repairs. It is unlawful for any person to service, 138 repair, replace parts, or do any maintenance work on any vehicle on a public 139 street, or on any private lands or premises unless it is within a building on such 140 private premises. 141 Source: Ordinance No. 69, 2"d Series 142 Effective Date: 6-13-91 143 144 Subdivision 5. Operate. It is unlawful for any person to drive or 145 operate a stock car or racing car in the City. 146 147 Subdivision 6. Removal and Impoundment of Vehicles. 148 149 A. Abandoned Motor Vehicles. TheDffireGt9_City Manager's 15o designee may order the immediate removal and impoundment of any abandoned 151 motor vehicle found within the City in violation of Subdivision 2 of this Section or 152 Minnesota Statutes, Section 16813.03. 153 Source: City Code 154 Effective Date: 6-30-88 155 156 157 B. Illegally Parked or Stored Vehicles 158 159 1. Streets or Alleys. The Darestef City Manager's 160 designee may order the immediate removal and 161 impoundment of any vehicle found stopped, standing, parked or otherwise placed 162 on any public street in violation of Subdivisions 2, 3, or 4 of this Section. 163 164 2. Private Property. 165 166 (a) If the Direste,t City Manager's designee 167 determines that a vehicle is parked, kept, placed or stored on any private lands 168 or premises in violation of Subdivisions 2, 3, or 4, the Digester City Manager's 169 designee may (1) prepare and serve a notice of violation or (2) prepare a report 170 of the violation to be referred to the City Attorney for issuance of a complaint. 171 Source: Ordinance No. 69, 2nd Series 172 Effective Date: 6-13-91 173 174 (b) Any person receiving a notice of such 175 violation may correct the violation within the period provided in the notice to avoid 176 any civil liability for the costs of inspection and abatement, including towing and 177 storage charges, as provided herein. Such person shall advise the Westar City 178 Manager's designee of the correction and the B+reste City Manager's designee 179 may inspect the premises to verify the correction. If, upon inspection, the B+reete 180 City Manager's designee determines the violation continues to exist the 9+rester 181 City Manager's designee shall proceed as provided in this Subparagraph. 182 (c) If a notice of a violation as above is served 183 by the Directer City Manager's designee any person aggrieved by the 184 determination of a violation may, within the period set forth in the notice, request 185 a hearing before the Council to review such determination. The request shall be 186 made by filing a written notice of appeal with the person specified in the notice. 187 The appeal shall be set on the next feasible public hearing agenda of a regularly 188 scheduled meeting of the Council by the City Manager. 189 190 (d) Pending the hearing and final determination 191 by the Council with respect to such appeal, the D;r-ester City Manager's designee 192 shall take no further action to abate the alleged violation. 193 194 (e) At the hearing the Council may hear evi- 195 dence presented by the person appealing the determination, by the 9+reeter City 196 Manager's designee, and from any other interested person. The Council shall 197 make its determination as to whether a violation of this Section exists based 198 solely upon the testimony, documents and other evidence presented at the 199 hearing. If the Council determines that a violation of this Section exists it shall 200 order a time period within which removal by the person responsible shall occur 201 and if said order is not fully complied with then the 9+rester City Manager's 202 designee shall proceed to abate the violation in accordance with the provisions of '.03 this Subdivision. The determination by the Council may be appealed to any Court 204 with appropriate jurisdiction. 205 206 207 208 (f) If the violation has not been corrected within 209 the applicable notice period provided by this Subdivision, or within the time 210 ordered by the Council after it has determined that a violation exists, then the 211 B+rester City Manager's designee may immediately order the removal and 212 impoundment of such vehicle in accordance with the City Code. 213 214 (g) Upon the Court conviction of any person for 215 a violation of Subdivision 2 of this Section, the 9+rester City Manager's designee 216 shall immediately determine whether such violation continues to exist, and if so 217 may commencing 48 hours after said conviction proceed to abate said violation 218 in accordance with the provisions of this Subdivision except that in such case the 219 notice and hearing provisions of this Subdivision shall not apply. 220 221 3. Notice of Violation. 222 223 (a) If a notice of violation is required, the 224 1 B+rester City Manager's designee shall prepare a notice of violation which shall 15 contain the following information: 226 227 (1) The location of the premises where 228 the violation exists, by street address; 229 Source: City Code 230 Effective Date: 6-30-88 231 232 (2) The year, make, model and serial 233 number of the vehicle alleged to be in violation, if such information can be 234 reasonably obtained by the D+rester City Manager's designee; 235 Source: Ordinance No. 69, 2"d Series 236 Effective Date: 6-13-91 237 238 (3) A short description of the violation, 239 including a reference to the applicable provisions of the City Code; 240 241 (4) A statement of the actions necessary 242 to remedy such violation; 243 244 (5) The date by which the violation must 245 be remedied to avoid removal and impoundment of the vehicle as provided in this 246 Subdivision, provided that such date shall be no earlier than ten (10) business 247 days after the notice is served; 248 249 (6) A statement that the City will remove 25o and impound the vehicle if the violation is not remedied within the time specified 251 in the notice; 252 253 (7) An address, telephone number and 254 name of the person to be contacted to: (a) request a hearing regarding the 255 determination of a violation; (b) answer questions regarding the notice; or (c) 256 arrange an inspection to verify that the violation has been remedied. 257 Source: City Code 258 Effective Date: 6-30-88 259 260 (b) The notice shall be served by the D+rester 261 City Manager's designee_by certified mail or by personal service, upon the 262 registered owner of the vehicle, if any, upon the owner of the equipment, upon 263 the owner of the premises, and, if other than the owner, the occupant or person 264 in charge of the premises. If it is impossible for the DiFeGte City Manager's 265 designee to determine with reasonable certainty the identity and address of the 266 registered owner of the vehicle, the owner of the equipment, or the owner of the 267 premises, the notice shall be published once in the newspaper of general 268 circulation in the City, and shall also be Posted upon the premises. 269 270 Subdivision 7. Violation a Misdemeanor. Every person violates a 271 section, subdivision, paFagraph or provision of this Chapter when such person 272 performs an act thereby prohibited or declared unlawful, or performs an act 273 prohibited or declared unlawful or fails to act when such failure is prohibited or 274 declared unlawful by a Code adopted by reference by this Chapter, and upon 275 conviction thereof, shall be punished as for a misdemeanor except as otherwise 276 stated in specific provisions hereof. 277 Source: Ordinance No. 69, 2nd Series 278 Effective Date: 6-13-91 279 280 281 282 283 284 285 286 287 288 289 290 291 1 I SECTION 9.08. COMMERCIAL VEHICLE TRUCK, AND BUS AND 2 EQUI MENIT PARKING. 4 5 6 Subdivision 1. Definitions. 7 8 1. "Commercial Vehicle" A motor vehicle is a commercial 9 vehicle if: 10 a. The vehicle is a dumptruck, a step van, a tow truck, 11 a construction vehicle or equipment an earth -moving vehicle or equipment, a 12 van or pickup with a manufacturer's nominal rated carrying capacity of more than 13 one ton or any other vehicle which is used in connection with commercial 14 activities; 15 16 b. Commercial equipment has been added to the 17 vehicle such as winches or snow plows; 18 19 c. Commercial racks have been added to the vehicle 20 for the purpose of holding equipment or materials; 21 22 d. The vehicle is a pickup with a nonstandard pickup 23 box; or 24 25 The vehicle is a trailer loaded with another commercial vehicle or commercial 26 equipment. 27 28 Subdivision 2. It is unlawful to park a detached semi -trailer or 29 trailer upon any street, City -owned parking lot, or other public property except as 3o authorized by the PubliG Works DiFeGt9F City Manager's designee. 31 32 Source: City Code 33 Effective Date: 6-30-88 34 35 Subdivision 3. Parking or Storing of Commercial Vehicles and 36 Equipment on Residential Streets. 37 38 than E)Re (1) ton er a gress vehqGle weight of 7,000 PG — 1- '-.,--pt a FeGre ti9Ral 39 , 40 41 42 43 44 papked. 45 1 46 A. No bus, Commercial Vehicle equipment or trailer shall be 47 permitted to park on any street in a district zoned for residential uses except for 48 the purpose of loading or unloading which exceeds any of the following 49 50 1. Eight (8) feet in height measured from the ground to 51 the highest point on the vehicle at recommended tire pressure For the purpose 52 of measuring height, all accessories attachments and materials carried upon a 53 vehicle shall be considered part of the vehicle 54 55 2. Twenty-two (22) feet in length measured at the 56 longest point of the vehicle or, if a trailer, the horizontal distance between the 57 front and rear edqes of the trailer bed For the purpose of measuring length all 58 accessories, attachments and materials carried upon a vehicle shall be 59 considered part of the vehicle or trailer bed; or 60 61 3. 7,000 pounds gross vehicle weight rating if the 62 vehicle is a licensed or 7,000 pounds empty weight if it is an unlicensed vehicle 63 64 65 B. Only Commercial Vehicles which do not exceed any of the size 66 requirements under Subdivision 3A of this section and are designed exclusively 67 for on -street use can be parked on residential streets 68 69 70 C. Exceptions 71 72 1. Any vehicle being used in conjunction with a temporary 73 service benefiting the property. 74 75 2. Vehicles actively used in conjunction with authorized 76 construction, remodeling or contract work while the work is underway. For 77 purposes of this code, active is considered a vehicle not left idle for than 72 78 hours. 79 80 3. Vehicles used in conjunction with authorized state countv 81 or city public works construction 82 83 84 1 SECTION 4.06. HOUSE AND BUILDING NUMBERING 2 11 4 5 6 Subdivision 1. Assignment. It is the duty of the City Building 7 Official to prepare and maintain a system of house and building numbering for s the City and to assign specific numbers to all houses and other buildings. 9 10 Source: Ordinance No. 179, 2nd Series 11 Effective Date: 6-11-98 12 13 Subdivision 2. Installation. The owners of all houses and other 14 buildings, after assignment, shall install and maintain a number 15 GIE) e proximity thefetG; in accordance with such assignment, which numbers 16 shall be no less than three inches high, permanent in nature, of contrasting color 17 to the backqround, and clearly visible from the street. The numbers shall be 18 Arabic numbers and in no case shall script design be permitted. 19 20 Subdivision 3. Unlawful Act. It is unlawful for any person, not the 21 owner of the property, to remove, damage, destroy or obliterate a building 22 number. 23 24 Source: City Code 25 Effective Date: 6-30-88 26 Citv Golden Valley iemam Planning 763-593-8095 / 763-593-8109 (fax) Executive Summary Golden Valley Council/Manager Meeting April 11, 2006 Agenda Item 2. B. Home Rehab Assistance Prepared By Aaron Hanauer, Planning Intern Summary As a property maintenance code (PMC) for single- and two-family homes moves forward, staff realizes some homeowners may need financial and technical assistance to correct housing maintenance issues. Staff has identified the financial assistance currently available to Golden Valley residents, identified two non-profit agencies that provide technical assistance to other cities and their residents, and examined how other cities provide additional financial assistance. Currently, there are five rehabilitation loan programs available to Golden Valley residents through the Minnesota Housing Finance Agency (MHFA) and Hennepin County. Of these programs, four have income -based qualifications (see attachment Rehab Programs/Loans Available). Other cities in the region provide additional resources for housing rehabilitation. These cities partnered with a non-profit organization to provide technical assistance on home maintenance, help broker loans and grants, and assist in promoting the financial assistance available. The Housing Resource Center (HRC) and Center for Energy and Environment (CEE) are the two primary non-profit agencies that have filled this role. CEE and HRC provide services to and are recommended by Saint Louis Park, (CEE), Roseville and Crystal (HRC). In addition to the partnering with the non -profits, these cities allocate additional city funds to rehabilitation loan programs. Attachments Rehab Programs/Loans Available (1 page) Non -Profit Organizations (1 page) Other City Programs (2 pages) -jiscussion Issues Does the Council support appropriating money to provide technical and additional financial assistance for housing rehabilitation? 0 0O 0 0 0 00 0 O O Lo CV O O L CJ O « CO cfl Cp ` a) E 3 N 0 0 0 5 O c L N O 0 ' o a) cn C 0 U U U a) N N (v (n � C C C C p O p O p L N (v 7 O 0 L o O U .O O E in a) v0) a) 7 N o O C p c O = C z 7 2 = co Q 63 , O O a) o O N 0 O _ ° EN Eo _ cv 0 c0i� c O� a) : ti QE c �EN :•x a) a" 3 a) 'x 'X ° TN cn cn L c c s (a 0 N LO �: C m` a ti C (v w Co c c a) min Cl N N N Q (v 0 0 C C E ca O � E 0 O 0� a N C Q) c a) L a) >, O �O w > o C a)L EO >� EO P EO (v EO oC,, O 0 M E ` mOLo N (vO (v N co a) a) (0O O co c mo N N E $ 0 o T3 ° a cv o c0 ca o_ E _° (v L6 >' a) cv LO Cv o c O .m tri = c a) O f"'� c p N° O N J (H C J 69 CN C — J tR T ►— O i N N U C m O C E° N 3 � N c I 0 :r , 3 E c) 'N 7 0 X- L (0 N U) C= a) T (0 cr O O E E a) E a) =3 L c O 'a N -o o a) ° ° L a �•E L 3 E`o > N ° cvo L o T N o.� L •C C o f a) a c N ,, N w N O O N > U T C Ca Q cv E L O �-' c (0 c (B , a) c•« -U0 (v p m c3 0 (Q L p 0 a N N c U p O .0 o 0 — C am — c (B E � C U)i o •= in N (L) 'in U o N (B _0 a`p C O (L) Q C O Ncu'NO— O aU) O U Ca) OU N °° OO 3 a) C O a) v O 0) (D-0 O a)� O (' NC N UN rnU E N p) O a p > p a) cv O >E p E > CL O > O N 0 0 O C z E n- E n E O �� n ,E 3 UO d L L cu a`aE�n m T !n C a O (3) C T C U CCS Q a) 'o o n_ m -0aa=Qpa)U o �L C: C) (1) c wU c a)-0 �•� c M Q u ° E�.n D- E a) _ _ _ _ QU o mc O Un.Cf) UW a) -o cv= 2 c rn L LL _T •C N J N 0- a) E O E E c >'c 0 X_ Q) � J 0 cu z E c cm= mLL 00 a o E UN Co LL LU LLE � E =E co oa) , a)� a)cuaM Ea)t° c� E � �L E 0 rn 0) X O E E c L o a) 4 ) CO C O Co Of O =n Li- a 0 0 U=n Of 0- Non -Profit Organizations Two local, non-profit organizations that have helped suburban cities and their residents with home improvement assistance (technical and financial) are the Housing Resource Center (HRC) and Center for Energy and Environment (CEE). Similarities • Assist cities and residents with MHFA loan grant applications • Provide technical assistance and advice to home owners and multiple -dwelling owners • Provide site visits and inspect home owner's property • Provide advice on home improvements, construction, building codes and permits • Prepare scope of work, bid packages, and assists with homeowner review of bids and construction monitoring • Provide extra technical assistance for the elderly and disabled population • Provide list of contractors to residents • Provide materials about their programs for city distribution • Provide a monthly progress report of services provided in the community Differences There are a few differences between the CEE and HRC including their original missions. HRC is a -off of the Greater Metropolitan Housing Corporation which was formed in 1970 with the primary p. ,pose to improve the availability and quality of affordable housing for low- and moderate -income families in Minneapolis. CEE started out in 1979 as a non-profit organization to help businesses conserve energy in Minneapolis. The following are other differences: Advantages to Partnership In conversations with other cities they have praised the services of both organizations. Three similar advantages that city representatives shared about their experience with CEE and HRC: • An independent third party partner help residents feel city is not coming down on them • Saves staff time addressing building code and permit information • Increases the number of residents that take advantage of state rehabilitation funding. HRC CEE Past agreements with Paid on annual retainer for Paid on per client basis (follow up cities services visits at no -charge) Location/Consultations Have HRC location North Located downtown Minneapolis. Minneapolis and do on-site Primarily do on-site consultation consultations Loans/Mortgage Created more city- tailored Administer state -funded energy loan Programs rehab loans and programs program (CEE Home Energy Loan (see Roseville and Crystal Program) write up) Advantages to Partnership In conversations with other cities they have praised the services of both organizations. Three similar advantages that city representatives shared about their experience with CEE and HRC: • An independent third party partner help residents feel city is not coming down on them • Saves staff time addressing building code and permit information • Increases the number of residents that take advantage of state rehabilitation funding. Other City Programs Saint Louis Park: Pilot Rehab Program Approach In 2001, Saint Louis Park adopted a property maintenance code (PMC) and staff conducted a systematic exterior housing survey of the 13,000 single and two-family homes. The survey identified units that were in need of major improvements and not in compliance with their PMC. During this process, staff identified 200 homes (1.5 percent of housing stock) having significant exterior maintenance violations. In 2002, the City Council leveraged $300,000 of city funding through a tax levy to provide these 200 residential home owners with discount loan opportunities. Saint Louis Park used leveraged dollars to write down Minnesota Housing Finance Agency loans (MHFA) from 6.5% to 3 and 4% depending on income. City funding also went to cover technical assistance for home improvements. The city partnered with an independent non-profit, the Center for Energy and Environment (CEE), to provide the residents the technical assistance. CEE also helped administer the discount loans. All residential home owners that the city identified were eligible for a free consultation with CEE and those households with an income at or below 115% of median area income (MAI) were eligible for the discount loans. However, in order to receive low-interest financing, residents were required to meet with CEE. Results and Findings 200 homes were identified as needing exterior improvements • 93 percent voluntarily complied with rehab orders. • 2 blighted homes were demolished, 11 chronic complaint homes improved, 13 homes had significant remodeling work. • Homeowners went beyond code compliance and had additional work done. The estimated average cost of improvements was $8,900 per home; the average loan was $20,677. • For every $1 spent by city $3.50 was spent by residents. • Income was not the major factor with deteriorated properties. Overall, 21 percent of those that accessed loans were low -or very -low-income. • Additional reasons property owners did not do improvements: Low priority Unaware of needs of aging home Mental health and physical limitations Additional Saint Louis Park Conclusions • The programmatic aspect of addressing violations presents a sense that this is a concerted city effort for all residents and not just an enforcement effort aimed at a few individuals. • Program implementation was staff intensive. Meeting with residents, tracking progress over the 18 month process, and coordinating with the city attorney and CEE involved staff from both the Community Development and Inspections Departments. • The use of a third party rehab advisor provides a neutral party that leads to a collaborative attitude, rather than an adversarial relationship between residents and city staff. Roseville Approach In 2000, Roseville's HRA began a partnership with the independent non-profit organization, the Housing Resource Center (HRC), a spin-off of the Greater Metropolitan Housing Corporation (GHMC) to help residents with rehabilitation projects (2,200 residents have received assistance since 2000). The HRC has served three primary roles: provide technical assistance, assist the city with housing rehab programs, and broker the city and MHFA loans. Recently, Roseville's HRA appropriated $250,000 from an HRA levy to create a loan pool that provides 4% interest loans (up to $10,000) to assist families with young children with interior and exterior remodeling. Household income must be at or below 120% regional median household income. Crystal Approach The City of Crystal partnered with the Housing Resource Center, like Roseville, to provide a clearinghouse of financial and technical information for residents and help administer a rehabilitation program. The HRC that serves the Crystal area is located in north Minneapolis. The City of Crystal allocates $130,000 a year for their Rehab Incentive Program ($10,000 to HRC for administration fee). The city, through this program, provides approximately 100 rebates a year. Golden galley Public Works 763-593-8030 1763-593-3988 (fax) Executive Summary Golden Valley Council/Manager Meeting April 11, 2006 Agenda Item 3. Receive and File a Request from the Environmental Commission Regarding the Review of the Draft Residential Property Maintenance Code Prepared By Jeannine Clancy, Director of Public Works Al Lundstrom, Environmental Coordinator Summary The Environmental Commission held its regular monthly meeting on March 27, 2006. The agenda included a summary of the draft City's Residential Property Maintenance Code. The summary highlighted the proposed new ordinances and changes to existing ordinances. After reviewing the summary, the Environmental Commission passed the following motion: The Environmental Commission would like to "petition the City Council to be included in the review processes of the draft residential property maintenance code in advance of the public hearing process." "Golden Valley Memorandum Planning 763-593-8095 / 763-593-8109 (fax) Executive Summary Golden Valley Council/Manager Meeting April 11, 2006 Agenda Item 4. Planning Commission Annual Report Recommendation Prepared By Mark Grimes, Director of Planning and Development Summary At the March 21, 2006 City Council meeting, Planning Commission Chair Don Keysser reviewed the Commission's annual report. The Council decided that at the April 11, 2006 "ouncil/Manager meeting they would review the following issues: Design Guidelines, Subdivisions and In -Fill and Density. Attachments Planning Commission 2005 Annual Report (3 pages) 11ey www. ca.go[den-valley. mn. us February 27, 2006 Mayor and Council TO: The Honorable Linda Loomis, Mayor 763-593-8006 Council Member Freiberg City Hall Council Member Pentel 7800 Golden Valley Road Council Member Scanlon Golden Valley, MN 55427-4588 Council Member Shaffer 763-593-8000 serving Commissioners attended a MnAPA seminar on the Supreme Court's 763-593-8109 (fax) 763-593-3968 (TDD) RE: Planning Commission Annual Report for 2005 Mayor and Council The Planning Commission is pleased to present this Annual Report for 763-593-8006 2005 to the Mayor and City Council. City Manager 763-593-8002 1) The Planning Commission met nineteen times during the year. Three Golden Valley, MN 55426-1364 of our meetings were held jointly with the City Council, and included topic - Public Safety specific meetings on design guidelines. Police: 763-593-8079 serving Commissioners attended a MnAPA seminar on the Supreme Court's Fire: 763-593-8055 763-593-8098 (fax) We also instituted this year the idea of periodic joint meetings with the Environmental Commission, both on specific topics of mutual interest, and Public Works an annual meeting to explore a general range of topics. This year, we met 763-593-8030 jointly with the Environmental Commission on the issues of lighting 1 y 763-593-3988 (fax) standards, the Envision process, and general land use principles. It was Inspections agreed to continue working with them collaboratively as land -use issues 763-593-8090 with environmental considerations come before us. 763-593-3997 (far) Motor Vehicle Licensing The Vice Chair of the Planning Commission, Cathy Waldhauser, 763-593-8101 continued the existing practice of serving as Planning Commission representative to the Board of Zoning Appeals. Planning and Zoning 763-593-8095 Chair Keysser and Vice Chair Waldhauser were part of the 1-394 Study Finance Group, and met several times during the year with the consultants (URS) 763-593-8013 and other City participants on this Study. Assessing Chair Keysser, Vice Chair Waldhauser, and Commissioner Les Eck met 763-593-8020 several times with the Sidewalk Committee. Park and Recreation 200 Brookview Parkway Vice Chair Waldhauser attended the MnAPA (Minnesota Chapter of the Golden Valley, MN 55426-1364 American Planning Association) annual conference and she has also 763-512-2345 begun on the Citizen Planner Committee for the MnAPA. Several 763-512-2344 (fax) serving Commissioners attended a MnAPA seminar on the Supreme Court's 763-593-3968 (TDD) "Kelo" decision, and Vice Chair Waldhauser and Commissioner Cera attended a one -day conference on sustainable development. February 27, 2006 Page 2 2) The Planning Commission conducted seventeen public hearings, on topics that included: the PRISM development; establishment of a new zoning code ordinance on Sexually Oriented Businesses; the expansion of the Allianz property; the expansion of the Lupient Infinity property; the redevelopment of the Luther Toyota property; the Applebee restaurant development; several rezonings (including one permitting the 85 - unit rental building constructed on Turnpike); several subdivisions (including on Lawn Terrace, Douglas, and Cutacross), and the proposed housing development on Xenia, at the site of the former tree farm operation. 3) The Planning Commission participated in one amendment to the Zoning Code during the year, a new section limiting Sexually Oriented Businesses. Other elements of the Zoning Code on which we worked included: a Lighting Ordinance establishing standards of outdoor lighting in commercial/industrial areas; revisions to the Parking Ordinance; revisions to the Accessory Structures ordinance; and revisions to the Multi -Family Ordinance. 4) The Planning Commission lost one member during 2005, Kevin McAleese, and gained one new member, David Cera, joining us from his previous tenure on the Board of Zoning Appeals. 5) As we consider our on-going role in working with the City Council to guide the development and land -use within the City, we want to point out several issues that we think will continue to require our focus and attention: A) Design Guidelines. We have discussed the feasibility and usefulness of establishing design guidelines in commercial/industrial developments. While there are good arguments both for and against this concept, it is an area that we think needs continued discussion and review, particularly as we consider some of the larger -scale developments coming into the City (e.g., Colonnade 2, Olympic site, 1-394 corridor). We recommend that this be a specific topic of discussion early in 2006 between the Planning Commission and the City Council, including a joint session, with the goal of reaching a consensus on whether or not to implement design guidelines, and if so, to begin drafting them. B) Subdivisions and In -Fill: We saw a number of cases this year (in particular, Lawn Terrace, Cutacross Road, and Xenia tree farm) where the question of subdividing large existing residential lots into smaller housing sites, and in -filling vacant lots with new residential developments, has become visible and politically charged. The reality is that we are a first -ring suburb, and considered a very desirable place to live. Development pressures will continue and most likely increase in the future, and we will have more of these subdivision, in -fill (and tear -down) issues to resolve. February 27, 2006 Page 3 We recommend that the City Council and Planning Commission look at this issue, to determine if our current standards and practices (e.g., minimum lot size, minimum lot width, maximum lot coverage ratio, maximum height) are appropriate and sufficient to achieve a reasonable balance between the need and goal by the City to accommodate more residential growth and the desire by existing plopert_y ow�ers—to_maintain the existing charm and style of their community. We may find that our current system is appropriate and that there is no reason to change our ordinances. But given the repeated and political nature of this issue, it merits another review, and we think that this would be an appropriate task for the Planning Commission in 2006. C) Density: We are all aware of several potential projects that are likely to emerge in the near future, and that will again challenge us to think creatively about the need to participate in accommodating the region's growth, while recognizing the issues of traffic congestion and neighborhood resistance to denser development. We do not have any specific proposal to offer here, other than our observation that this will continue to be one of the most challenging issues facing our City and its leadership, and an issue to which the Planning Commission will continue to be sensitive. We would like to express our appreciation to the City Council for its continued strong support of the Planning Commission's role as a significant and pro -active participant in guiding the City's development. We also want to express our appreciation to the City staff for their outstanding work and support of our mission, especially Mark Grimes and Lisa Wittman. Respectfully submitted, r Don K ysser, Chair Cathy aldhauser, Vice Chair David Cera, Commissioner Les Eck, Commissioner Gregg Hackett, Commissioner John Kluchka, Commissioner Steve Schmidgall, Commissioner Cit Valley Memorandum Planning 763-593-8095 / 763-593-8109 (fax) Executive Summary Golden Valley City Council Meeting April 11, 2006 Agenda Item 5. Proposed Ordinance Amendments - Accessory Structures in Commercial, Light Industrial, Industrial, Business and Professional Office and Institutional Zoning Districts Prepared By Mark Grimes, Director of Planning and Development Summary At the February 27, 2006 Planning Commission meeting, the Commission held an informal oublic hearing on various amendments to the zoning code to permit accessory structures in ,he Commercial, Light Industrial, Industrial, Business and Professional Office and Institutional Zoning Districts. After the hearing, the Planning Commission voted to recommend the amendments to allow accessory structures in those zoning districts. Prior to taking this matter to the City Council for a public hearing, staff is bringing the amendments to the City Council at the April 11, 2006 Council/Manager meeting for discussion. Attachments Memo to Planning Commission from Mark Grimes dated November 11, 2005 (2 pages) Proposed Ordinances permitting accessory structures in Commercial, Light Industrial, Industrial, Business and Professional Office and Institutional Zoning Districts (10 pages) Date: November 11, 2005 To: Golden Valley Planning Commission Planning 763-593-80951763-593-8109 (fax) From: Mark W. Grimes, Director of Planning and Development Subject: Changes to Zoning Code to Permit Accessory Structures in the Business and Professional Offices, Commercial, Light Industrial, Industrial and Institutional Zoning Districts At the current time, the Zoning Code permits accessory structures only in the residential zoning districts. They are not addressed in the non-residential districts of the Zoning Code. It is the policy of the City to allow only uses that are listed in the Zoning Code as a permitted use, accessory use or conditional use. The staff has had requests in the past for accessory structures in the non-residential zoning districts. These requests have had to be denied. The staff has been giving thought to the reasonableness of permitting accessory structures in the non-residential zoning districts. Under certain guidelines, the staff now believes that it is in the City's best interest to permit accessory structures. In most cases, the requests the City has had for accessory buildings in the non-residential districts have been for storage. It has been one of the goals of the Zoning Code to screen storage outside by fencing or landscaping or by having items stored inside a building. One example of a good reason for a storage building is for the keeping of property maintenance equipment such as lawnmowers and snow blowers. In all non-residential zoning districts, there has also been the desire to have outside shelter buildings for employees or customers to use as weather permits. An example of this is the gazebo that was recently approved by the City by the amendment of the PUD for the Westwood offices on Wayzata Blvd. just east of General Mills Blvd. In this case, the accessory building was allowed by the PUD process. If it was not a PUD, the gazebo would not have been allowed. It was the consensus of both the Planning Commission and City Council that this type of accessory building for the enjoyment of employees is a good thing. Both the American Legion and the VFW have approached the City to construct a gazebo or shelter for customers and employees. In both cases, the City has told the organizations that a shelter or gazebo could not be used for the service of food or drink unless the liquor license is changed. In addition, smoking could not occur in such a shelter if it is located less than 25 ft. from an exit or entrance or if food or drink is permitted and there are employees working in the gazebo or shelter. Both organizations have said that they want a shelter that would be as least 25 ft. from an exit or entrance and not be used for the consumption of food or liquor. Also, no employees of the organizations would work in the shelter when the VFW or Legion would be open. The staff has drafted changes to the Zoning Code that would permit accessory structures in the non-residential zoning districts. There are several conditions that must be met for the construction of such accessory structures including a limitation on the overall size, height, design, and the need for a building permit. Attachments Proposed additional Subdivision to the Commercial, Institutional, Business and Professional Offices, Light Industrial and Industrial sections of the Zoning Code (10 pages) Requested Action Review proposed Zoning Code changes and direct staff to proceed or not to proceed with amendments. K ORDINANCE NO. , 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendments Regarding Accessory Structures in the Commercial Zoning District The City Council of the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 11, Section 11.30, is hereby amended by adding a new Subdivision 10, entitled "Accessory Uses" reading as follows: Subdivision 10. Accessory Uses. The following are permitted accessory uses in the Commercial Zoning District: A. Essential Services — Class I B. Accessory Structures. The following regulations and setbacks shall be required for accessory structures in the Commercial Zoning District: 1. Location. A Detached accessory structure shall be located completely to the rear of the principal structure, unless it is built with frost footings. In that case, an accessory structure may be built no closer to the front setback as the principal structure. If an addition is built on to an existing principal structure that would create a situation where an existing garage or accessory structure would not be completely to the rear of the addition to the principal structure, the addition to the principal structure may be built and the existing garage or accessory structure may remain and be considered conforming as long as there is at least 10 feet of separation between the existing principal structure with the addition and the existing garage or accessory structure. Additions may be made to the existing garage or accessory structure as long as the 10 feet of separation can be met. 2. Front setback. Accessory structures shall be located no less than the required setback for the Commercial Zoning District from the front property line along a street right-of-way line. 3. Side and rear setbacks. Accessory structures shall be located no less than the required setback for principal structures in the Commercial Zoning District from a side or rear yard property line. 4. Separation between structures. Accessory structures shall be located no less than 10 feet from any principal structure and from any other accessory structure. 5. Alley setback. Accessory structures shall be located no less than 10 feet from an alley. 6. Height limitations. No accessory structure shall be erected in the Commercial Zoning District to exceed a height of one story. One story may not exceed 10 feet from the floor to the top plate. Attic space in accessory structures shall be used only for storage and/or utility space. 7. Cornices and eaves. Cornices and eaves may not project more than 30 inches into a required setback. 8. Size of accessory structures. No accessory structure shall be larger in size than the principal structure. Each property is limited to a total of 1000 sq. ft. of accessory structures. Accessory structures include storage buildings, detached sheds, greenhouses, gazebos and other shelters. 9. Design. All accessory structures constructed after the construction of the principal structure -must be designed and constructed of similar materials as determined by the City Manager or his designee. 10. Building Permits. All accessory buildings located in the Commercial Zoning District require a building permit. 11. Parking structures and garages. In the Commercial Zoning District, parking structures and garages shall not be considered accessory structures if they are used to meet the required number of parking spaces. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation", Section 11.03 entitled "Definitions", and Section 11.99 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 day of , 2006. /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/Susan M. Virnig Susan M. Virnig, City Clerk ORDINANCE NO. , 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendments Regarding Accessory Structures in the Light Industrial Zoning District The City Council of the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 11, Section 11.35, is hereby amended by adding a new Subdivision 13, entitled "Accessory Uses" reading as follows: Subdivision 13. Accessory Uses. The following are permitted accessory uses in the Light Industrial Zoning District: A. Essential Services — Class II B. Accessory Structures. The following regulations and setbacks shall be required for accessory structures in the Light Industrial Zoning District: 1. Location. A Detached accessory structure shall be located completely to the rear of the principal structure, unless it is built with frost footings. In that case, an accessory structure may be built no closer to the front setback as the principal structure. If an addition is built on to an existing principal structure that would create a situation where an existing garage or accessory structure would not be completely to the rear of the addition to the principal structure, the addition to the principal structure may be built and the existing garage or accessory structure may remain and be considered conforming as long as there is at least 10 feet of separation between the existing principal structure with the addition and the existing garage or accessory structure. Additions may be made to the existing garage or accessory structure as long as the 10 feet of separation can be met. 2. Front setback. Accessory structures shall be located no less than the required setback for the Light Industrial Zoning District from the front property line along a street right-of-way line. 3. Side and rear setbacks. Accessory structures shall be located no less than the required setback for principal structures in the Light Industrial Zoning District from a side or rear yard property line. 4. Separation between structures. Accessory structures shall be located no less than 10 feet from any principal structure and from any other accessory structure. 5. Alley setback. Accessory structures shall be located no less than 10 feet from an alley. 6. Height limitations. No accessory structure shall be erected in the Light Industrial Zoning District to exceed a height of one story. One story may not exceed 10 feet from the floor to the top plate. Attic space in accessory structures shall be used only for storage and/or utility space. 7. Cornices and eaves. Cornices and eaves may not project more than 30 inches into a required setback. 8. Size of accessory structures. No accessory structure shall be larger in size than the principal structure. Each property is limited to a total of 1000 sq. ft. of accessory structures. Accessory structures include storage buildings, detached sheds, greenhouses, gazebos and other shelters. 9. Design. All accessory structures constructed after the construction d -the principal structure must be designed and constructed of similar materials as determined by the City Manager or his designee. 10. Building Permits. All accessory buildings located in the Light Industrial Zoning District require a building permit. 11. Parking structures and garages. In the Light Industrial Zoning District, parking structures and garages shall not be considered accessory structures if they are used to meet the required number of parking spaces. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation", Section 11.03 entitled "Definitions", and Section 11.99 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 day of , 2006. /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/Susan M. Virniq Susan M. Virnig, City Clerk ORDINANCE NO. , 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendments Regarding Accessory Structures in the Industrial Zoning District The City Council of the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 11, Section 11.36, is hereby amended by adding a new Subdivision 13, entitled "Accessory Uses" reading as follows: Subdivision 13. Accessory Uses. The following are permitted accessory uses in the Industrial Zoning District: A. Essential Services — Class II B. Accessory Structures. The following regulations and setbacks shall be required for accessory structures in the Industrial Zoning District: 1. Location. A Detached accessory structure shall be located completely to the rear of the principal structure, unless it is built with frost footings. In that case, an accessory structure may be built no closer to the front setback as the principal structure. If an addition is built on to an existing principal structure that would create a situation where an existing garage or accessory structure would not be completely to the rear of the addition to the principal structure, the addition to the principal structure may be built and the existing garage or accessory structure may remain and be considered conforming as long as there is at least 10 feet of separation between the existing principal structure with the addition and the existing garage or accessory structure. Additions may be made to the existing garage or accessory structure as long as the 10 feet of separation can be met. 2. Front setback. Accessory structures shall be located no less than the required setback for the Industrial Zoning District from the front property line along a street right-of-way line. 3. Side and rear setbacks. Accessory structures shall be located no less than the required setback for principal structures in the Industrial Zoning District from a side or rear yard property line. 4. Separation between structures. Accessory structures shall be located no less than 10 feet from any principal structure and from any other accessory structure. 5. Alley setback. Accessory structures shall be located no less than 10 feet from an alley. 6. Height limitations. No accessory structure shall be erected in the Industrial Zoning District to exceed a height of one story. One story may not exceed 10 feet from the floor to the top plate. Attic space in accessory structures shall be used only for storage and/or utility space. 7. Cornices and eaves. Cornices and eaves may not project more than 30 inches into a required setback. 8. Size of accessory structures. No accessory structure shall be larger in size than the principal structure. Each property is limited to a total of 1000 sq. ft. of accessory structures. Accessory structures include storage buildings, detached sheds, greenhouses, gazebos and other shelters. 9. Design. All accessory structures constructed after the construction oft the principal structure must be designed and constructed of similar materials as determined by the City Manager or his designee. 10. Building Permits. All accessory buildings located in the Industrial Zoning District require a building permit. 11. Parking structures and garages. In the Industrial Zoning District, parking structures and garages shall not be considered accessory structures if they are used to meet the required number of parking spaces. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation", Section 11.03 entitled "Definitions", and Section 11.99 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 day of, 2006. ATTEST: /s/Susan M. Virnig Susan M. Virnig, City Clerk /s/Linda R. Loomis Linda R. Loomis, Mayor ORDINANCE NO. , 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendments Regarding Accessory Structures in the Business and Professional Offices Zoning District The City Council of the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 11, Section 11.45, is hereby amended by adding a new Subdivision 10, entitled "Accessory Uses" reading as -follows: Subdivision 10. Accessory Uses. The following are permitted accessory uses in the Business and Professional Offices Zoning District: A. Essential Services — Class I B. Accessory Structures. The following regulations and setbacks shall be required for accessory structures in the Business and Professional Offices Zoning District: 1. Location. A Detached accessory structure shall be located completely to the rear of the principal structure, unless it is built with frost footings. In that case, an accessory structure may be built no closer to the front setback as the principal structure. If an addition is built on to an existing principal structure that would create a situation where an existing garage or accessory structure would not be completely to the rear of the addition to the principal structure, the addition to the principal structure may be built and the existing garage or accessory structure may remain and be considered conforming as long as there is at least 10 feet of separation between the existing principal structure with the addition and the existing garage or accessory structure. Additions may be made to the existing garage or accessory structure as long as the 10 feet of separation can be met. 2. Front setback. Accessory structures shall be located no less than the required setback for the Business and Professional Offices Zoning District from the front property line along a street right-of-way line. 3. Side and rear setbacks. Accessory structures shall be located no less than the required setback for principal structures in the Business and Professional Offices Zoning District from a side or rear yard property line. 4. Separation between structures. Accessory structures shall be located no less than 10 feet from any principal structure and from any other accessory structure. 5. Alley setback. Accessory structures shall be located no less than 10 feet from an alley. 6. Height limitations. No accessory structure shall be erected in the Business and Professional Offices Zoning District to exceed a height of one story. One story may not exceed 10 feet from the floor to the top plate. Attic space in accessory structures shall be used only for storage and/or utility space. 7. Cornices and eaves. Cornices and eaves may not project more than 30 inches into a required setback. 8. Size of accessory structures. Noaccessorystructure shall be larger in size than the principal structure. Each property is limited to a total of 1000 sq. ft. of accessory structures. Accessory structures include storage buildings, detached sheds, greenhouses, gazebos and other shelters. 9. Design. All accessory structures constructed after the construction of the principal structure must be designed and constructed of similar materials as determined by the City Manager or his designee. 10. Building Permits. All accessory buildings located in the Business and Professional Offices Zoning District require a building permit. 11. Parking structures and garages. In the Business and Professional Offices Zoning District, parking structures and garages shall not be considered accessory structures if they are used to meet the required number of parking spaces. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation", Section 11.03 entitled "Definitions", and Section 11.99 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 day of , 2006. ATTEST: /s/Susan M. Virniq Susan M. Virnig, City Clerk /s/Linda R. Loomis Linda R. Loomis, Mayor ORDINANCE NO. , 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendments Regarding Accessory Structures in the Institutional Zoning District The City Council of the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 11, Section 11.46, is hereby amended by adding a new Subdivision 10, entitled "Accessory Uses" reading as follows: Subdivision 10. Accessory Uses. The following are permitted accessory uses in the Institutional Zoning District (all sub -districts): A. Essential Services — Class I B. Accessory Structures. The following regulations and setbacks shall be required for accessory structures in the Institutional Zoning District: 1. Location. A Detached accessory structure shall be located completely to the rear of the principal structure, unless it is built with frost footings. In that case, an accessory structure may be built no closer to the front setback as the principal structure. If an addition is built on to an existing principal structure that would create a situation where an existing garage or accessory structure would not be completely to the rear of the addition to the principal structure, the addition to the principal structure may be built and the existing garage or accessory structure may remain and be considered conforming as long as there is at least 10 feet of separation between the existing principal structure with the addition and the existing garage or accessory structure. Additions may be made to the existing garage or accessory structure as long as the 10 feet of separation can be met. 2. Front setback. Accessory structures shall be located no less than the required setback for the Institutional Zoning District from the front property line along a street right-of-way line. 3. Side and rear setbacks. Accessory structures shall be located no less than 25 feet from a side or rear yard property line. 4. Separation between structures. Accessory structures shall be located no less than 10 feet from any principal structure and from any other accessory structure. 5. Alley setback. Accessory structures shall be located no less than 10 feet from an alley. 6. Height limitations. No accessory structure shall be erected in the Institutional Zoning District to exceed a height of one story. One story may not exceed 10 feet from the floor to the top plate. Attic space in accessory structures shall be used only for storage and/or utility space. 7. Cornices and eaves. Cornices and eaves may not project more than 30 inches into a required setback. 8. Size of accessory structures. No accessory structure shall be larger in size than the principal structure. Each property is limited to a total of 1000 sq. ft. of accessory structures. Accessory structures include storage buildings, detached sheds, greenhouses, gazebos and other shelters. 9. Design. All accessory structures constructed after the construction of the principal structure must be designed and constructed of similar materials as determined by the City Manager or his designee. 10. Building Permits. All accessory buildings located in the Institutional Zoning District require a building permit. 11. Parking structures and garages. In the Institutional Zoning District, parking structures and garages shall not be considered accessory structures if they are used to meet the required number of parking spaces. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation", Section 11.03 entitled "Definitions", and Section 11.99 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 day of , 2006. /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/Susan M. Virni-q Susan M. Virnig, City Clerk itv 'Golden ValIev ,rnu Finance 763-593-8013 / 763-593-8109 (fax) Executive Summary Golden Valley Council/Manager Meeting April 11, 2006 Agenda Item 6. Review Calendar for Preparation of 2007 Budget Prepared By Sue Virnig, Finance Director Summary Staff has prepared a calendar outlining the 2007 Budget process based on current statutory requirements. Once again this legislative session may change limited market values, levy limits, process and additional mandates which may lead to further meetings. The budget workshops are set to review all program needs recommended by staff. Council should determine service areas that they would like to review in detail. The following areas will involve budget impacts: Components of the Comprehensive Plan where assistance may be needed in areas of storm water, wastewater, water supply, land use, housing and parks. The total plan needs to be submitted by 2008 to the Metropolitan Council. Inflow and Infiltration mandates. This year staff will present a 10 -year Capital Improvement Program but formally publish a 5 -year program. Attachment 2007 Budget Calendar - Based on Current Statutory Requirements (1 page) 2007 BUDGET CALENDAR— BASED ON CURRENT STATUTORY REQUIREMENTS 2006 Date(s): April 11 Initial meeting on 2007 Budget. May 1 Budget workpapers for All Funds (General, Enterprise, Internal Service) will be given to staff. Mid -May Staff meeting to determine the 2007- Equipment, Buildings and Parks projects to be included in the 2007 Proposed Budget. May 22 Staff returns Proposed 2007 Budgets for General Fund Divisions, Internal Service and Enterprise except Brookview Golf Course. May 23 through Meetings with City Manager and Department / Division Heads to finalize staff's June 26 Proposed 2007 General Fund Budget. June 30 Proposed 2007 General Fund Budget to be distributed to the City Council. July 11 Council/Manager Meeting - budget workshop. August 7 Staff returns Proposed 2007 Budgets for the Golf Course to Finance. August 8 Council/Manager Meeting - budget workshop. August 8 through Meetings with City Manager and Department / Division Heads to finalize staffs September 4 2007 Proposed Budgets for the Enterprise & Other Funds. September 5 City Council certifies 2007 Proposed Property Tax Levy and sets date for public hearing(s) on 2007 General Fund Budget and tax levy. September 8 Proposed 2007 Budgets for the Enterprise and Other Funds distributed to the City Council. September 13 Council/Manager Meeting - budget workshop. October 10 Council/Manager Meeting - budget workshop. November 14 Council/Manager Meeting - budget workshop. Mid -November Truth In Taxation notices sent by County to all property owners in the City. Early December Truth in Taxation public hearing(s) on 2007 General Fund Budget and tax levy. December 19 City Council adopts 2007 General Fund Budget, 2007 Tax Levy and 2007 Budgets of the Enterprise & Other Funds. The 2007-2011 Capital Improvement Program will be adopted. Golden Valley Public Works 763-593-8030 / 763-593-3988 (fax) Executive Summary - Golden Valley Council/Manager Meeting April 11, 2006 Agenda Item 3. Receive and File a Request from the Environmental Commission Regarding the Review of the Draft Residential Property Maintenance Code Prepared By Jeannine Clancy, Director of Public Works Al Lundstrom, Environmental Coordinator Summary The Environmental Commission held its regular monthly meeting on March 27, 2006. The agenda included a summary of the draft City's Residential Property Maintenance Code. The summary highlighted the proposed new ordinances and changes to existing ordinances. After reviewing the summary, the Environmental Commission passed the following motion: The Environmental Commission would like to "petition the City Council to be included in the review processes of the draft residential property maintenance code in advance of the public hearing process."