07-08-08 CM Minutes
Council/Manager Meeting Minutes
July 8, 2008
Present: Mayor Loomis and Council Members Pentel, Scanlon and Shaffer. City
Manager Tom Burt, Senior Coordinator Jeanne Fackler, Public Works Director Jeannine
Clancy, Director of Planning and Development Mark Grimes, Police Chief Stacy
Altonen, City Attorney Allen Barnard and Assistant City Manager Jeanne Andre.
The meeting began at 6:55 pm in the Council Conference Room.
5 Cities Transportation Program
5 Cities Transportation Coordinator Rita DeBruyn and Golden Valley Seniors Sylvia
Nelson and Sophia Buegen were at the meeting to explain the program and how it
benefits seniors and provides opportunities for social interaction and transportation that
allows them to live independently. They distributed a sample schedule of trips and a
brochure explaining how the program works. They asked the Council to continue its
financial contributions to the program.
Proposed Ordinance Amendments - Private Contractors Permitted to Perform
Sanitary Sewer Service Inspections and Related Fee Schedule
Allen Barnard provided background on the proposed amendment to Sections 3.30 and
3.31 of the City Code, Rules and Regulations Relating to Sanitary Sewer Service and
Contractual Contents. The Council, after its first consideration of the amendment
allowing private contractors to undertake required inspections, asked the staff to
prepare further changes to the scope of permitted regulations. Allen Barnard suggested
reasons why the Council might wish to maintain certain regulations even if there is not
staff time or Council desire to enforce the regulations except for special cases. Tom
Burt noted that if Golden Valley is unable to meet the threshold of reduced inflow and
infiltration (I & I) set by the Metropolitan Council, the City may have to expand the scope
of enforcement of regulations on this issue. He suggested that the Council could
determine the level of staff enforcement each year during budget discussions. The
Council requested a copy of the flow data that the Metropolitan Council sends to its
communities. Allen Barnard reported that the revised ordinance may also clarify
language related to aiding and abetting circumvention of the ordinance and clarifying
the requirement to repair of lateral services. Staff will prepare ordinance amendments,
circulate them to the Council and set consideration of the ordinance amendment for an
upcoming Council Meeting.
Enforcement of Inflow and Infiltration Regulations
Jeannine Clancy reported that staff is aware of a number of properties which have not
complied with regulations related to repair of sewers prior to sale of the property. The
ordinance stipulates that the seller, realtor and buyer are all responsible for assuring
that the regulations have been followed. The City's prosecuting attorney will initiate
prosecution on the identified cases. This misdemeanor infraction calls for a fine of up to
$750 in additional to compliance with necessary inspections and repairs.
Extension of Subdivision Development Agreement - 4736 Glenwood Avenue
Mark Grimes reported that the subdivision for this property was approved around two
years ago, subject to a Development Agreement. The agreement, following state law,
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July 8, 2008 - Page 2
provides that the property owner is grandfathered to allow development under zoning
laws in effect at the time of subdivision approval, for a period of two years. Since this
subdivision was approved, the applicable zoning provisions of the City Code have been
amended. On August 1 the grandfathered provisions of the Development Agreement
will expire and the property owner will be required to follow current code provisions
regarding lot development. The owner has been unable to sell the lot and has asked for
an indefinite extension to the provision allowing for development under the zoning
provisions in effect at the time the subdivision was approved. The owners believe that
the size and shape of the lot would be difficult to develop under the current zoning
provisions. After some discussion the Council directed staff to draft an amendment to
the Subdivision Agreement allowing for a two-year extension to the grandfathered
provisions (only for the new, vacant lot), to be presented for formal consideration at an
upcoming Council Meeting.
Proposed Ordinance Amendment - Lawn Maintenance Violations and
Phosphorous Fertilizers
Jeannine Clancy explained that recent changes in state law banning fertilizer with
phosphorous have made obsolete provisions in City Code Section 10.52, Prohibition
Regarding Phosphorous Containing Fertilizers. She recommends rescinding this section
of the City Code. Also, in administering City Code Section 10.51, Lawn Maintenance,
her staff has developed suggested amendments to the ordinance that would allow staff
to address complaints about overgrown lawns in a more timely way. Staff recommends
a five-day period for compliance from the date of the notice instead of seven and that
staff be allowed to mitigate a confirmed complaint at a property without further notice
after two notices in a twelve month period.
Council discussed these recommendations and suggested that Section 10.52 be
retained with a focus on correct application of fertilizers and pesticides, removing the
reference to fertilizers with phosphorous. Regarding lawn maintenance, they
recommended retaining the seven-day notice for the initial compliance letter, and
reducing it to five for the second violation in a twelve-month period. Council Members
supported discontinuing individual notice after the second violation in a twelve-month
period and suggested that the fee be doubled for the third and any additional violations
in a twelve-month period. Staff recommended that changes in the fee structure be part
of the fee resolution for 2009.
2008 Building Maintenance Projects
At a previous Council Meeting the Council requested further information regarding
building improvements for the Brookview Community Center recommended by staff.
Jeannine Clancy introduced Chuck Lane of Environmental Process, Inc., who was hired
to help prioritize building improvement projects recommended in the 2006 Wold Facility
Analysis. He noted that his prioritization emphasized municipal buildings to which the
public is invited and those items which address life and safety and ADA (American's
with Disabilities Act) requirements.
The Council suggested that the best approach to correcting deficiencies at Brookview
would be to replace the building. They requested staff to keep improvements to
Brookview to those minimal life safety issues that could not be deferred. They requested
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July 8, 2008 - Page 3
staff to report to them on possible financing options for replacing Brookview at its
current size and scope of activities, with the possible addition of youth meeting space.
Crime Free Housing
Council Member Scanlon has investigated tools used by nearby communities such as
St. Louis Park, Brooklyn Center and Brooklyn Park undertaken as Crime Free Housing
initiatives. Stacy Altonen reviewed some of the options included in the agenda packet,
such as mandatory training for landlords, required background checks for tenants, and
required lease provisions related to eviction of tenants convicted of felony crimes.
Another option she highlighted is a three-strikes lease provision that allows eviction
after police calls for three nuisance violations, with various interim steps to allow the
tenant to improve offending behaviors. An alternative approach is to revoke the rental
license when there are three strikes. She noted that some of these provisions could be
adopted by Golden Valley with minimal additional cost due to the existing framework of
landlord meetings. The main issue would be refining police call records to adequately
identify those calls that impede livability. After some discussion the Council suggested
that staff first try to work with existing Code provisions for nuisance calls and determine
if additional regulatory tools are needed.
2009 General Fund Proposed Budget
Staff addressed Council questions regarding the Mayor/Council, City Manager,
Transfers Out, Administrative Services, Legal and Insurance budgets. He reported that
staff from other departments would be at the next Council/Manager Meeting to review
the rest of the budget. He noted that staff is still researching whether Golden Valley is
eligible to special levy for police and fire services under the current levy-limit provisions.
Staff will recommend additional cuts to the Council before the maximum levy is set by
the Council in September.
The meeting adjourned at 9:45 pm.
Jeanne Andre
Administrative City Manager