10-05-16 CC Agenda Packet (entire)AGENDA
Regular Meeting of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
Wednesday, October 5, 2016
6:30 pm
1.CALL TO ORDER PAGES
A.Pledge of Allegiance
B.Roll Call
C.Board/Commission Oath of Office and Presentation of Certificate of Appointment
2.ADDITIONS AND CORRECTIONS TO AGENDA
3.CONSENT AGENDA
Approval of Consent Agenda - All items listed under this heading are considered to be
routine by the City Council and will be enacted by one motion. There will be no
discussion of these items unless a Council Member so requests in which event the item
will be removed from the general order of business and considered in its normal
sequence on the agenda.
A.Approval of Minutes - City Council Meeting September 20, 2016 3-8
B.Approval of City Check Register 9
C.Licenses:
1. General Business License New/Used Vehicle Dealers 10-11
D.Minutes of Boards and Commissions:
1. Human Rights Commission - June 28, 2016 12-14
2. Human Services Fund - June 13, 2016 15
3. Open Space and Recreation Commission - June 27, 2016 16-17
4. Bassett Creek Watershed Management Commission - June 16, 2016 18-22
E.Approval of One-Year Extension of Zoning Code Variance for 3235 Kyle Avenue 23-28
F.Appointment of Election Judges and Absentee Ballot Board for the General Election
on November 8, 2016 16-56
29-31
G.Approval of Plat - Tralee at Paisley Lane 1st Addition - 26 Paisley Lane 16-57 32-34
H.Authorize Participation in the Metropolitan Council Municipal Publicly Owned
Infrastructure Inflow/Infiltration Grant Program 16-58
35-36
4.PUBLIC HEARINGS
A.Public Hearing - Ordinance #614 - Amendment to City Code Section 11.60 Floodplain
Management Zoning Overlay District
37-90
B.Public Hearing - Special Assessments - 2016 Delinquent Utility Bills 16-59 91-101
C.Public Hearing - Special Assessments - 2016 Miscellaneous Charges 16-60 102-105
5.OLD BUSINESS
6.NEW BUSINESS
A.Authorize the City to enter into a Shared Services Agreement with City of St. Louis
Park for the Central Park West PUD
106-129
B.Announcement of Meetings
1. Future Draft Agendas: Council/Manager October 13, 2016, City Council
October 18, and November 1, 2016
130-132
C.Mayor and Council Communications
7.ADJOURNMENT
UNOFFICIAL MINUTES
CITY COUNCIL MEETING
GOLDEN VALLEY, MINNESOTA
September 20, 2016
1. CALL TO ORDER
Mayor Harris called the meeting to order at 6:30 pm.
1A. Pledge of Allegiance
1B. Roll Call
Present: Mayor Shep Harris, Council Members Joanie Clausen, Larry Fonnest, Andy Snope
and Steve Schmidgall. Also present were: City Manager Cruikshank, City Attorney Garry and
City Clerk Luedke.
1C. Board/Commission Oath of Office and Present Certificate of Appointment
Mayor Harris administered the Oath of Office and presented a Certificate of Appointment to
Ms. Gloria Peck and Ms. Kyle Pettersen-Scott for the Human Rights Commission, Mr. Peder
Hanson for the Human Service Funds and Ms. Amy Blenker for the Planning Commission.
2. ADDITIONS AND CORRECTIONS TO AGENDA
MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to
approve the agenda of September 20, 2016, as revised the addition of 6A1-METRO Blue Line
Extension Update and the motion carried
3. APPROVAL OF CONSENT AGENDA
MOTION made by Council Member Snope, seconded by Council Member Schmidgall to
approve the consent agenda of September 20, 2016, as revised: removal of 3E-Accept for
filing a letter of resignation from Michael Pristash from the Human Rights Commission and the
motion carried.
3A.Approve Minutes of the City Council Meeting of September 6, 2016.
3B. Approve City Check Register and authorize the payment of the bills as submitted.
3C1.Approve a temporary liquor license for the Valley of Peace Lutheran Church for the
Night to Benefit Kids Event on Saturday, October 1, 2016 from 6 pm to 9 pm.
3C2.Receive and file the gambling license exemption and approve the waiver of notice
requirement for PRISM.
3D. Accept for filing the Minutes of Boards and Commissions as follows:
1. Planning Commission - August 22, 2016
2. Open Space and Recreation Commission - May 23, 2016
3. Environmental Commission - May 23, 2016
3E.Letter of Resignation from Michael Pristash from the Human Rights Commission
3F.Receive and file the August 2016 Financial Reports.
3G.Receive and file the Notice of Metropolitan Council Action regarding the General Land
Use Plan Map, Comprehensive Plan Amendment, for 1125 Tyrol Trail North.
3H.Adopt second consideration Ordinance #612, Amendment to the 2016 Master Fee
Schedule for City Utility Bill Rate Fee for Emergency Water Supply.
3I.To set the date of the Truth-in-Taxation public hearing for Tuesday, December 6, 2016,
at 6:30 pm.
Unofficial City Council Minutes -2- September 20, 2016
3. APPROVAL OF CONSENT AGENDA - continued
3J.To reject bid from Meyer Contracting, Inc. for the Glenwood Avenue Sidewalk/Wayzata
Turn Lane Project No. 15-09.
3K.To make the following Board/Commission appointment.
Open Space and Recreation Commission
Cindy Carrow-Schiebe 1 year term - expires May, 2017
3. ITEMS REMOVED FROM THE CONSENT AGENDA
3E. Letter of Resignation from Michael Pristash from the Human Rights Commission
Council thanked Mr. Pristash for his years of service to the City of Golden Valley.
MOTION made by Council Member Clausen, seconded by Council Member Fonnest to receive
and file the Letter of Resignation from Michael Pristash from the Human Rights Commission
and the motion carried.
4. PUBLIC HEARINGS
4A. Public Hearing - Preliminary Plat Approval - Tralee at Paisley Lane 1st Addition -
26 Paisley Lane
Planning Manager Zimmerman presented the staff report and answered questions from
Council. City Engineer Oliver answered questions from Council.
Mayor Harris opened the public hearing.
Ms. Donna Fredkove, 26 Paisley Lane, said she is the property owner so she requests the City
grant the minor subdivision for her property. She said she feels that their lot is and result of the
subdivision will be two very nice homes. She said GreenWood Design Build is a very good
company that has built other homes in Golden Valley. She added that they are not asking for
variances. She said she has tried to work with the neighborhood from the beginning and she
has researched complaints regarding water damage in the area and did not find any problems.
She said GreenWood Design will follow the City’s rules, therefore, she does not think there
would be a reason to warrant denial of the request.
Mr. Scott Loehrer, GreenWood Design Build, Applicant, said his company will be the builder of
the two homes. He said he would do an as-built survey of the property after the homes are built
as required by the City. He said part of the application process is to submit a soil test which
they did and it did not show that the property was wet except maybe the west part of the lot. He
said his company would be happy to work with the neighbors and that they have built six other
homes in Golden Valley.
Kathy Watkins, 112 Paisley Lane, she said she lives on the north side of the purposed
subdivision. She said that the way her lot slopes down to the street is like a basin. She added
that pooling water is usually not a problem except after the snow melt. She said she is worried
because she has seen enough development in their neighborhood where the grade had been
raised to build a home. She said if they raise the grade for this property, her lot could become
a basin. She said she is sad to see the home torn down because it is a nice home and she is
also concerned about the trees on the existing lot.
Mayor Harris closed the public hearing.
Unofficial City Council Minutes -3- September 20, 2016
4A. Public Hearing - Preliminary Plat Approval - Tralee at Paisley Lane - continued
There was Council discussion regarding the Preliminary Plat approval for the property at 26
Paisley Lane.
MOTION made by Council Member Schmidgall, seconded by Council Member Snope to approve
the Preliminary Plat for Tralee at Paisley Lane 1st Addition, 26 Paisley Lane, subject to the
following conditions and the motion carried.
1. Proposed public easements consistent with the subdivision ordinance must be dedicated and
shown on the Final Plat.
2. The City Attorney will determine if a title review is necessary prior to approval of the Final Plat.
3. A park dedication fee of $3,900 shall be paid before release of the Final Plat.
4. A deferred special assessment of $4,900 shall be paid before release of the Final Plat.
6. NEW BUSINESS
6A1. METRO Blue Line Extension Update
Planning Manager Zimmerman updated Council regarding information received from the Blue
Line project office and answered questions.
6A2. Authorizing Issuance, Awarding Sale, and Prescribing and Providing Payment of
$2,620,000 General Obligation Storm Sewer Bonds, Series 2016D
Finance Director Virnig presented the staff report and answered questions from Council.
Mr. Dave MacGillivray, Chairman at Springsted, Inc., presented the bid results for the bonds
that were received on September 20, 2016. He said the winning bid was received from the
Robert W. Baird & Company and answered questions from Council.
MOTION made by Council Member Fonnest, seconded by Council Member Snope to adopt
Resolution 16-53, Authorizing Issuance, Awarding Sale, Prescribing Sale, Prescribing the
Form and Details and Providing for the Payment of $2,620,000 General Obligation
Improvement Bonds, Series 2016D upon a vote being taken the following voted in favor of:
Harris, Fonnest, Clausen, Schmidgall and Snope, the following voted against: none and the
motion carried.
6B. Approve Brookview Community Center Construction Project Bid Packages and
Authorize City Manager to Sign Contracts
Director of Parks and Recreation Birno presented the staff report and answered questions from
Council. Mr. Maher, Brookview Community Center Project Manager, AP Midwest, explained
the bid process used for the construction project packages and answered questions from
Council.
MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to
approve bid packages #1 - #30 and alternate bid packages #1 - #3 by authorizing the City
Manager to sign contracts, contingent on City Attorney review, for the Brookview Community
Center Construction project and the motion carried.
MOTION made by Council Member Schmidgall, seconded by Council Member Fonnest to
reject bid packages #31 and #32 and alternate bids #4, #5 and #6 and the motion carried.
Unofficial City Council Minutes -4- September 20, 2016
6C. Second Consideration - Ordinance #612 - Providing for a Local Lodging Tax
Director of Parks and Recreation Birno presented the staff report.
MOTION made by Council Member Fonnest, seconded by Council Member Clausen to adopt
second consideration Ordinance #612, providing for a Local Lodging Tax upon a vote being
taken the following voted in favor of: Fonnest, Harris and Snope, the following voted against:
and the motion carried.
MOTION made by Council Member Snope, seconded Council Member Clausen to approve
Summary of Ordinance #612 for publication and the motion carried.
6D. Appoint Staff Advisory Member to the Discover St. Louis Park Board of Directors
Director of Parks and Recreation Birno presented the staff report,
MOTION made by Council Member Snope, seconded by Council Member Fonnest to appoint
the City Manager to the Discover St. Louis Park Board of Directors in the capacity of advisory
member and the Park Recreation Director to attend the meetings in his absence and the
motion carried.
6E. Liberty Crossing PUD No. 123, Amendment #2 - 2450 Winnetka Avenue North -
Liberty Crossing Investment Partners, LLC, Applicant
Planning Manager Zimmerman presented the staff report.
MOTION made by Council Member Snope, seconded by Council Member Fonnest to approve
the plans for Liberty Crossing PUD No. 123, Amendment #2 and the motion carried.
6F. Award Contract to Eureka Construction, Inc. for Liberty Crossing Flood Mitigation
Project, City Improvement Project 15-16
City Engineer Oliver presented the staff report and answered questions from Council.
MOTION made by Council Member Snope, seconded by Council Member Fonnest to award a
contract for the Liberty Crossing Flood Mitigation Project, City Improvement Project 15-16, to
Eureka Construction, Inc. in the amount of $4,276,207.98 and the motion carried.
6G. Call for Public Hearing to Vacate Easements at 5301 Woodstock Avenue
City Engineer Oliver presented the staff report and answered questions from Council.
MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to
adopt Resolution 54, Establishing a Public Hearing to Consider Vacation of Easements at
5301 Woodstock Avenue on October 18, 2016, at 6:30 pm upon a vote being taken the
following voted in favor of: Harris, Clausen, Snope, Schmidgall and Fonnest, the following
voted against: none and the motion carried.
Unofficial City Council Minutes -5- September 20, 2016
6H. Authorize Agreement with Short Elliott Hendrickson Inc. for preparation of the
2040 Comprehensive Transportation Plan
City Engineer Oliver presented the staff report.
MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to
enter into a professional services agreement with Short Elliott Hendrickson Inc.(SEH), for
preparation of the Comprehensive Transportation Plan at a not to exceed amount of $60,000
and the motion carried.
6I. Authorize Agreement with Barr Engineering Company for preparation of the 2040
Comprehensive Surface Water Management Plan
City Engineer Oliver presented the staff report and answered questions from Council.
MOTION made by Council Member Clausen, seconded by Council Member Snope to enter
into a professional services agreement with Barr Engineering Company for preparation of the
Comprehensive Surface Water Management Plan at a not to exceed amount of $44,900 and
the motion carried.
6J. Adopting Proposed 2017 Budget and Tax Levies Payable in 2017
Finance Director Virnig presented the staff report and answered questions from Council. City
Manager Cruikshank answered questions from Council.
There was Council discussion regarding the 2017 proposed budget and tax levies payable in
2017.
MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to
adopt Resolution 16-54, for the Proposed 2017 Budget and Proposed Tax Levies Payable in
2017 upon a vote being taken the following voted in favor of: Fonnest, Clausen, Harris,
Schmidgall and Snope, the following voted against: none and the motion carried.
6K. Announcement of Meetings
Some Council Members may attend the Golden Valley Business Council meeting on
September 22, 2016, from 7:30 to 9 am at Second Harvest Heartland.
Some Council Members may attend the Golden Valley Rotary Community Conversations on
September 22, 2016, from 3 to 4 pm in the Council Conference Room.
Some Council Members may attend the Beyond the Yellow Ribbon - 2
nd Annual “Glow Golf” on
September 22, 2016, at 7 pm at the New Hope Golf Course, 8130 Bass Lake Road.
The League of Women Voters Candidate Forum will be held on September 22, 2016, from 7 to
9:30 pm in the Council Chambers.
Some Council Members may attend the New Bohemia Okoberfest on September 24, 2016,
from noon to 10 pm at New Bohemia, 8040 Olson Memorial Parkway.
Some Council Members may attend the Lee Avenue BBQ Festival on September 24, 2016,
starting at noon on Lee Avenue in Golden Valley.
Unofficial City Council Minutes -6- September 20, 2016
6K. Announcements of Meetings - continued
Some Council Members may attend the Market in the Valley on September 25 and October 2,
2016, from 9 am to 1 pm in the City Hall Campus Parking Lot.
Some Council Members may attend the Covenant Village “Little Free Library” dedication on
September 27, 2016, at 2 pm at Covenant Village of Golden Valley, 5800 St. Croix Avenue.
Some Council Members may attend the PRISM Golf Tournament, Happy Hour & Lawn
Bowling on September 30, 2016, from noon to 7 pm at Brookview Golf Course.
Some Council Members may attend the New Brookview Community Center Groundbreaking
on October 5, 2016, at 5:30 pm at Brookview Community Center.
The next City Council Meeting will be held on October 5, 2016, at 6:30 pm.
Some Council Members may attend the Kelly Drive Pumpkin Festival on October 8, 2016,
starting at 11 am at the Kelly Drive/Duluth Street Intersection.
Mighty Tidy Day will be held on October 8, 2016, from 8 am to 1 pm at Brookview Park.
6L. Mayor and Council Communication
Mayor Harris thanked the Golden Valley Music and Arts festival volunteers for putting on a
fantastic event this year and city staff for their assistance on the event. He also thanked the
Golden Valley Lutheran Church for their block party with which he attended.
Mayor Harris said that he and City Manager Cruikshank attended a Mayor and City Manager’s
meeting with MnDOT transportation and four other local cities. He said the focus of the
meeting was on enhanced communication and lessons learned from the Highway 100
construction. He said there was also an emphasis on the upcoming Highway 169 construction
which begin January 2017.
7.ADJOURNMENT
MOTION made by Council Member Clausen, seconded by Council Member Schmidgall and
the motion carried unanimously to adjourn the meeting at 8:57 pm.
_______________________________
Shepard M. Harris, Mayor
ATTEST:
__________________________
Kristine A. Luedke, City Clerk
Executive Summary For Action
Golden Valley City Council Meeting
October 5, 2016
Agenda Item
3. B. Approval of City Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of the check register for various vendor claims against the City of Golden Valley.
Attachments
•Document sent via email
Recommended Action
Motion to authorize the payment of the bills as submitted.
Executive Summary For Action
Golden Valley City Council Meeting
October 5, 2016
Agenda Item
3. C. 1. General Business Licenses
Prepared By
Shannon Dietrich, Administrative Assistant
Summary
As per City Code, some businesses are required to be licensed by the City. Listed below are the
License Number, Applicant, License Type and Fee of those who have submitted an application for
approval.
#8290 Borton Volvo, Inc.New/Used Vehicle Dealer $400.00
905 Hampshire Avenue South
#8344 Jaguar/Landrover Minneapolis New/Used Vehicle Dealer $400.00
8905 Wayzata Boulevard
#8298 Morrie’s GV Cadillac LLC New/Used Vehicle Dealer $400.00
7400 Wayzata Boulevard
#9285 Morrie’s Luxury Auto LLC New/Used Vehicle Dealer $400.00
7300 Wayzata Boulevard
#8299 Jim Lupient Infiniti New/Used Vehicle Dealer $400.00
7200 Wayzata Boulevard
#8300 US Fleet Lease, LLC New/Used Vehicle Dealer $400.00
2420 Nevada Avenue North
#8292 Rudy Luther Toyota New/Used Vehicle Dealer $400.00
8805 Wayzata Boulevard
#8295 Poquet Auto Sales, Inc New/Used Vehicle Dealer $400.00
800 Lilac Drive North
#8294 Golden Valley TCAA, LLC New/Used Vehicle Dealer $400.00
9393 Wayzata Boulevard
#8293 Golden Valley TCAP, LLC New/Used Vehicle Dealer $400.00
9595 Wayzata Boulevard
#8291 Jim Lupient Company New/Used Vehicle Dealer $400.00
7100 Wayzata Boulevard
#8291 ABC Cars and Leasing LLC New/Used Vehicle Dealer $400.00
1200 Mendelssohn Avenue
Recommended Action
Motion to authorize the issuance of licenses as recommended by staff.
MINUTES
t'1t), o{ Human Rights Commission (HRC)
1 Golden Valley City Hall
9/'j 7800 Golden Valley Road
1d 'VV Golden Valley, Minnesota 55427
Manager's Conference Room
June 28, 2016
Commissioners present: Adam Buttress, Co-Chair
Jonathan Burris, Co-Chair
Teresa Martin
Michael Pristash
Andrew Ramlet
Commissioners absent: None
Guest: Eleanor Trenary, PRISM
Staff: Chantell Knauss, Assistant City Manager
The meeting was convened at 6:35 pm by Co-Chair Buttress.
APPROVAL OF AGENDA
Commissioner Martin requested to add under New Business, Sweet Potato Pie Update.
Motion and second to approve the agenda with the addition. Motion carried 5-0.
APPROVAL OF MAY 23, 2016 REGULAR MEETING MINUTES
Motion by Commissioner Burris, second by Commissioner Pristash to approve the May 23,
2016 minutes: Motion carried 5-0.
September 11 Day of Service and Remembrance Event; Eleanor Trenary, PRISM Community
Engagement Manager
Ms. Trenary reviewed PRISM which serves residents of Golden Valley, Crystal, New Hope,
Plymouth, Robbinsdale and the surrounding northwestern suburbs with assistance with food,
clothing, and housing. Clothing assistance is provided through PRISM's thrift shop, which also
helps raise funds for PRISM. PRISM is able to provide rapid rehousing assistance as well as rental
assistance through Hennepin County. PRISM clients are provided opportunities to meet privately
with case staff workers to help connect them with resources.
PRISM accepts donation during open hours. Donations accepted are: gently used clothing,
perishable and non-perishable food, new school supplies in August and Holiday Toy Shop before
the holidays. Monetary donations are preferred since PRISM is able to buy more food with the
money than people are able to purchase it retail.
HRC and Ms. Trenary discussed options for a partnership to provide donations to PRISM. It was
agreed the HRC would staff a booth, to be located adjacent to PRISM's, at the September 11, 2016
Market in the Valley, as that date at the Market has been designated as Family Day. HRC will
promote a produce scavenger hunt with the items to be purchased and donated by participants to
PRISM. Ms. Trenary will provide a list of available items at the Market that PRISM would like to
Human Rights Commission June 28,2016
Meeting Minutes Page 1 of 3
have included in the scavenger hunt and Co-Chair Buttress will develop the scavenger hunt.
Knauss will register HRC for Market in the Valley for September 11.
Knauss will email a sign-up schedule for HRC staffing at the September 11 Market in the Valley:
there will be two shifts for Commissioners to sign up for: 8-1 lam and 11am-1:30pm.
APPROVAL OF PAYMENTS
Motion by Commissioner Martin, second by Commissioner Pristash to approve payment of
invoice from OutFront MN for Pride Festival Honorarium in the amount of$250. Motion
carried 5-0.
COUNCIL UPDATES
Knauss reported the City Council is currently soliciting applicants for the HRC.
OLD BUSINESS
Golden Valley Pride Festival (GVPF) Update
Co-Chair Burris reported there was an informal survey on facebook.com and the comments were
very positive about the GVPF event being successful. There was likely higher attendance at the
Festival than originally anticipated due to the events that occurred in Orlando, FL the Saturday night
immediately prior to the GVPF.
For the 2017 GVPF, the planning committee is considering: more food and food trucks, vendors
that sell items (jewelry, art, etc.), more activities, review walking space around vendor booths, more
GVPF t-shirts available for sale, security/ID badges, and different configuration for how
speakers/presenters are set up. A GVPF wrap-up meeting is scheduled for July 6.
Further Discussion of HRC Work Plan
It was the consensus of the HRC that since they had a booth at the GVPF and will be partnering
with PRISM at the September 11 Market in the Valley, which is the same week as the September
17 Music & Arts Festival, the HRC will forego having a booth at the Music & Arts Festival this year.
Knauss explained the "Town Planner" calendar, which is a free calendar with local business
coupons and includes community events if submitted by the deadline of October 31 of each year.
Their website, www.townplanner.com, receives 3,000 visits per month. If the HRC will be hosting
any "Conversations" in the future and establishes their schedule before October 31 of each year for
the next year, they would be able to utilize this free advertising mechanism.
Commissioners expressed interest in partnering or just learning what the surrounding communities'
(New Hope, Robbinsdale, and Crystal) RRCs are involved with and/or projects they are working on.
It was the consensus of the HRC that for the 2017 Work Plan, they would like to provide tickets to
the General Mills Martin Luther King, Jr. Day Holiday Breakfast, participate in the GV Pride Festival,
sponsor an activity for September 11 Day of Service and Remembrance and continue with getting
educational materials out to residents via articles in the CityNews newsletter and/or other means.
NEW BUSINESS
Municipal Quality Index
Motion by Commissioner Pristash, second by Commissioner Martin to table this discussion
to the July 26, 2016 meeting. Motion carried 5-0.
Bill Hobbs Award Process
Knauss explained the City received an inquiry on the process for submitting a nomination
for the Bill Hobbs Human Rights Award. Historically, nominations were accepted only in
November/December of each year, the HRC would review nominations and select the
Human Rights Commission June 28,2016
Meeting Minutes Page 2 of 3
award recipient. The award would be presented at a Council meeting. Some years have not
had an award recipient. Given the above process, the online nomination form on the HRC's
web page was only available when nominations were being accepted in
November/December each year.
Motion by Commissioner Martin, second by Commissioner Pristash to follow the
process outlined below for the Bill Hobbs Award Nomination Process and
Presentation:
• Nominations via online form accepted through September 30 of each year
• Nominations reviewed October/November of each year and HRC selects a recipient
(during this review period, the online nomination form is disabled and no new
nominations are accepted)
• Recipient is presented with the award on the Council meeting date closest to
December 10, which is Human Rights Day
• Online nomination form is enabled again after the award is presented in Dec of each
year
Motion carried 5-0.
Sweet Potato Pie Update
Commissioner Martin would like the HRC to consider sponsoring a speaker during the Sweet
Potato Pie event to be held Sunday, January 15, 2017 similar to how HRC sponsored speakers at
GVPF.
Motion by Commissioner Martin, second by Commissioner Burris to commit to a speaker
honorarium for the 2017 Sweet Potato Pie Event. Motion carried 5-0.
ADJOURN
Motion by Commissioner Burris, second by Commissioner Martin to adjourn the meeting at
8:45 pm. Motion carried 5-0.
Follow-up Items:
• Ms. Trenary to provide a list of items PRISM would like to have included in the scavenger
hunt.
• Co-Chair Buttress to develop the scavenger hunt.
• Knauss to register HRC for Market in the Valley for September 11.
• Knauss to email a sign-up schedule for HRC staffing at the September 11 Market in the
Valley: two shifts from 8-11 am and 11 am-1:30pm.
Adam Buttress, Co-Chair
ATTEST:
Chantell Knauss, Staff Liaison
Approved by HRC: September 27,2016
Human Rights Commission June 28,2016
Meeting Minutes Page 3 of 3
Golden Valley Human Services Fund (GVHSF) Meeting
Minutes
June 13, 2016
Present: Denise La Mere-Anderson, Aaron Black, Hilmer Erickson, Kathryn Frommer, Sarah
Meyerring, Scott Charlesworth-Seiler, Toots Vodovoz. Also present, Brian Erickson, Staff
Liason.
Not Attending: Elissa Heilicher, Alan Ingber, Andrea Mac Arthur, Peggy Watkins.
Call to Order: La Mere-Anderson called the meeting to order at 6:50 p.m.
Agenda Changes or Additions: No changes or additions to the agenda.
May 9 Minutes: Erickson moved and Frommer seconded the motion to approve the corrected
minutes from May 9. Correction is as follows: Toots Vodovoz was indicated as present and not
present.
Upcoming Events:
Golf Classic and Lawn Bowling Event — Friday July 15
Sponsors: Letters have been sent to last year's sponsors. A few responses have been
submitted.
Door prize solicitation: Members volunteered to contact businesses for prizes for the
tournaments. Members also reviewed what has been received.
Food/Beverages: Black has talked to New Bohemia about supplying lunch for the event. Other
possible sponsors were discussed and some ideas were presented for Breakfast options.
PR/Marketing: A variety of marketing ideas were discussed, using social media and other
sources.
Run the Valley date: Run the Valley will be held on Saturday, April 29, 2017.
Other Business:
Disc Golf Tournament: There was discussion about a possible Disc Golf Tournament in the fall.
It was suggested that a representative from Gotta Go Gotta Throw should come to the next
meeting to ask questions and discuss the possible tournament options. Erickson stated he
would contact them.
The Board and Commission Dinner is set for Wednesday, June 22 at Brookview. Members and
significant others are invited to attend.
Application packet. Packet is being put together by the Communications Department and will be
placed on the city website soon.
Golden Valley Arts and Music Festival: It was mentioned that date for the festival is September
17.
Adjournment: Charlesworth-Seiler moved to adjourn the meeting, Erickson seconded the
motion. The meeting was adjourned at 7:50 p.m.
Respectfully submitted,
Denise La Mere-Anderson, GVHSF Chair Brian Erickson, Staff Liaison
GOLDEN VALLEY OPEN SPACE & RECREATION COMMISSION
Meeting Minutes
June 27, 2016
Present: Commissioners: Roger Bergman, John Cornelius, Kelly Kuebelbeck, Bob
Mattison, Gillian Rosenquist, Kimberly Sanberg, and Dawn Speltz.
Staff: Director of Parks and Recreation, Rick Birno; Recreation Supervisor,
John Stutzman; and Administrative Assistant, Sheila Van Sloun.
Guest: Residents, Win Wood and Lisa Arndt.
Absent: Andy Bukowski.
1. Call to Order
Cornelius called the meeting to order at 6:35 pm.
2. Approval of Minutes — May 23, 2016
MOTION: Moved by Bergman and seconded by Sanberg to approve the May
23, 2016 minutes. Motion carried unanimously.
3. New Recreation Supervisor Introduction —John Stutzman
Stutzman introduced himself. He came from the City of Bloomington where he
worked for five years. Prior to that he was with the City of Chanhassen for four
and a half years. He comes to us with a background in in adult athletics and
youth programs and events. In his role with Golden Valley, he will be working
with youth programs, special events, and adult athletics. Outside of work, he has
coached baseball for 15 years and enjoys skiing, baseball, and hunting.
4. Pickleball Discussion —Win Wood and Lisa Arndt
Wood and Arndt presented a PowerPoint on Pickleball. They talked about
specifics of the game and courts, the benefits of playing and how the game is for
everyone. Because of the growing popularity, they proposed that Golden Valley
install 8-10 permanent courts at Medley or Wesley parks that are fenced in with
wind screens, a social gathering area in the middle, and a lilac boarder around
the outer perimeter of the fence.
5. Metro Blue Line Extension Update
Rosenquist said the Blue Line Extension Community Action Committee meetings
have been suspended.
6. Comprehensive Planning Review (Wesley, Medley, Lakeview, Isaacson,
and Hampshire Parks)
The OSRC reviewed the additions and changes they made to the first five
community parks for what will be the 2018-2028 Comprehensive Park Plan.
7. Comprehensive Park Planning (Goals and Objectives, Scheid, Gearty,
Lions, Brookview)
The OSRC reviewed and provided direction on four more community parks for
what will be the 2018-2028 Comprehensive Park Plan. Due to time, Goals and
Objectives were tabled to the July 25, 2016 meeting.
Minutes of the Open Space and Recreation Commission
June 27, 2016
Page 2
8. Nuisance Wildlife Removal Process Discussion
Birno said the DNR requires a management plan for the removal of geese. He
said the city is in the process of creating a draft. Once the draft plan is created, it
will be reviewed by the OSRC and staff, then public input will be collected, and
finally sent to the Council for approval.
The OSRC supports the plan. They would like the plan to include Brookview and
other areas in the city that become issues.
9. Staff Updates
a. Brookview Parking Lot Vegetation Barrier— Birno said the city has a proposal
to add a natural vegetation buffer along the east side of the Brookview
parking lot, adjacent to neighboring properties.
b. Sochacki Park Conversion/Replacement Park Land — Birno said because of
the LAWCON status of the Sochacki/Mary Hills park area, after the project is
complete, the National Park Service requires the replacement of park land for
every one acre of disturbed land. Birno said Robbinsdale and Golden Valley
are looking at possibilities and areas in Golden Valley for the park land
replacement.
c. Schaper Park— Birno said the project is currently on hold until a funding plan
can be put in place. He is working with Three Rivers and GameTime to create
the funding.
d. Pride Event Update — Birno said everything went very well with no major
issues. He said a wrap up meeting will take place in the near future with the
event coordinators.
e. Pet Exercise Areas Pilot Program — Birno said after Labor Day, the city is
going to implement temporary off-leash pet exercise areas in the hockey rinks
at Medley and Gearty. They will be available until rinks open.
f. Comprehensive Planning Open House — Birno said a public input open house
is scheduled for September 19, 2016.
10. Updates
None.
11. Adjournment
MOTION: Moved by Mattison and seconded by Bergman to adjourn at 9:45
pm. Motion carried unanimously.
John Cornelius, Chair
ATTEST:
Sheila Van Sloun, Administrative Assistant
3 Bassett Creek Watershed Management Commission
Minutes of Regular Meeting
June 16, 2016
Golden Valley City Hall, 8:30 a.m.
Commissioners and Staff Present:
Crystal Commissioner Guy Mueller, Vice Chair Plymouth Commissioner Ginny Black
Golden Valley Commissioner Stacy Hoschka, Robbinsdale Alternate Commissioner Michael
Secretary/Treasurer Scanlan
Medicine Lake Commissioner Clint Carlson St. Louis Park Commissioner Jim de Lambert, Chair
Minneapolis Alternate Commissioner Lisa Goddard Administrator Laura Jester
Minnetonka Absent Attorney Kyle Hartnett, Kennedy& Graven
New Hope Alternate Commissioner Pat Crough Engineer Karen Chandler, Barr Engineering
Technical Advisory Committee (TAC) Members/Other Attendees Present:
Ben Scharenbroich,TAC, City of Plymouth Bob Paschke,TAC, City of New Hope
Erick Francis, TAC, City of St. Louis Park Liz Stout,TAC, City of Minneapolis
Jeff Oliver,TAC, City of Golden Valley Jane McDonald Black, Alternate Commissioner, Golden
Valley
Richard McCoy, TAC, City of Robbinsdale Dave Tobelmann, Alternate Commissioner,Plymouth
Tom Dietrich,TAC, City of Minnetonka
1. CALL TO ORDER AND ROLL CALL
On Thursday, June 16,2016, at 8:34 a.m. in the Council Conference Room at Golden Valley City Hall (7800
Golden Valley Rd.),Cha it de Lambert called to order the meeting of the Bassett Creek Watershed Management
Commission (BCWMC) and asked for roll call to be taken.[ The city of Minnetonka was absent from roll call].
2. CITIZEN FORUM ON NON-AGENDA ITEMS
No comments.
3.AGENDA
MOTION: Commissioner Mueller moved to approve the agenda. Alt. Commissioner Goddard seconded the
motion. Upon a vote,the motion carried 8-0. [The city of Minnetonka was absent from the vote.]
1
BCWMC June 16, 2016, Meeting Minutes
4. CONSENT AGENDA
MOTION: Commissioner Black moved to approve the consent agenda. A1t.Commissione r Mueller seconded the
motion. Upon a vote,the motion carried 8-0. [The city of Minnetonka was absent from the vote.]
[The following items were approved as part of the consent agenda: the May 19, 2016,Com mission Meeting
Minutes,the June 2016 Financial Report,t he payment of invoices,the Theodore Wirth Welcome Center Utilities
Plan.]
The general and construction account balances reported in the May 2016 Financial Report are as follows:
Checking Account Balance $678,522.75
TOTAL GENERAL FUND BALANCE $678,522.75
TOTAL CASH& INVESTMENTS ON-HAND (6/8//16) $3,210,961.71
CIP Projects Levied—Budget Remaining ($4,312,906.12)
Closed Projects Remaining Balance ($1,101,944.41)
2011-2015 Anticipated Tax Levy Revenue $10,213.74
2016 Anticipated Tax Levy Revenue $1,222,000.00
Anticipated Closed Project Balance ($130,269.33)
5. BUSINESS
A. Consider Conditional Approval of Southwest Light Rail Transit(LRT) Project Plans and Extension of
Approval Expiration Date
Commission Engineer Chandler provided an overview of the portion of the proposed Southwest LRT within the
Bassett Creek watershed. She indicated the linear project has three distinct segments spanning two miles within
the watershed. She reminded Commissioners of their action in March allowing a connection to the Bassett Creek
tunnel for stormwater management. She indicated that the Engineer's review of the proposed plans being
considered today include many comments because the consultants were not available to answer questions(they
have been laid off due to lack of funding and inaction by the State legislature). Engineer Chandler also indicated
that Commission approval of project plans expire after two years,however, the SWLRT is requesting an
extension of that date to December 2020 when the project is slated to be complete and service to begin. She also
noted the project plans are still under review by the Federal Transit Authority.
Engineer Chandler went on to describe some of the issues currently in the plans including inconsistency among
different pieces of information submitted for review and that the current plans do not meet Commission
requirements for rate control and water quality(MIDS) in one of the segments. She reported that MIDS may be
difficult to meet in this segment due to contaminated soils, high ground water, and limited space. However,she
noted the SWLRT has not requested a variance from those requirements. She noted that the Commission could
2
BCWMC June 16, 2016, Meeting Minutes
grant conditional approval today and that the final review and approval would happen administratively(unless a
variance is requested which would come back before the Commission). However, she recommended that due to
so many unanswered questions with the plans,that the Commission direct staff to send comments to SWLRT and
bring revised plans back to a future Commission meeting.
There was discussion about the Commission's options and obligations at this point and the ramifications of
different possible actions. There were questions about whether or not the application was complete and how
inaction today would affect the project timeline.
MOTION• Commissioner Black moved to direct staff to submit comments to the project proposer and to bring
revised project plans to the Commission at a future meeting at which time the Commission will also consider
extendingthe he approval expiration date Commissioner Hoschka seconded the motion. Upon a vote the motion
carried unanimously. [City of Minnetonka was absent from the vote.]
B. Receive Update on Main Stem Bassett Creek Erosion Repair Project(2017CR-M)
Administrator Jester noted that the meeting materials include a grant application submitted by the Commission
and the City of Minneapolis to Hennepin County to cover the cost of developing a Response Action Plan(RAP)
that will outline the specific approach to managing contaminated soil during the Main Stem Erosion Repair
Project. She noted that no money will actually come to the Commission with this grant, but that Barr Engineering
would be paid directly by the County. She noted that the RAP must be developed in order to apply for additional
clean up funds through the County's Environmental Response Fund in the future. Administrator Jester reviewed
the timeline for that future grant application. There were no questions from the Commission.
[Alt. Commissioner McDonald Black arrives.]
C. Receive Update on Metro Blooms'Harrison Neighborhood Project
Administrator Jester reported that Metro Blooms is preparing for the boulevard bio-swale installations around the
entire block containing Redeemer Lutheran Church on Glenwood Avenue and that the work will happen July 5-15
with the Conservation Corps Youth Outdoors crews and with Step Up interns based at Redeemer Lutheran. She
indicated the Minneapolis Park and Recreation Board's forestry team is removing all ash trees on the block and
deep grinding all stumps prior to the project start date and that the Redeemer Block Party is scheduled for August
17`h and typically draws 800 residents. She noted Metro Blooms will participate in the block party as it will be an
opportunity to engage the neighborhood and showcase the bio-swale installations.
Administrator Jester further noted that Metro Blooms continues to seek grant funding for the originally envisioned
Harrison Neighborhood project to install BMPs in alleyways and to engage neighborhood youth. She indicated
the $200,000 grant proposal submitted to the Met Council by the Commission on Metro Blooms' behalf is likely
to be funded at$100,000. There were no questions from the Commission.
D. Consider Applying for Clean Water Fund Grants for 2017Projects and Harrison Neighborhood Project
Administrator Jester reported that the request for proposals for the 2017 Clean Water Fund grants from the MN
Board of Water and Soil Resources(BWSR)would be out soon and applications will be due in early August. She
indicated the Commission could apply for funding from the "projects and practices"portion of the grant for one
or both of the 2017 CIP projects(Plymouth Creek Restoration Project and Main Stem Erosion Repair Project)and
that Metro Blooms is requesting the Commission apply for funding on their behalf(as they are not eligible to
apply) for the Harrison Neighborhood project. There was discussion about how the stream projects would rank
and how much staff time is involved with applying for the grants and then managing grants if awarded. Alt.
Commissioner Goddard asked about where in the Harrison Neighborhood the BMPs would be installed as half the
neighborhood is in the Mississippi WMO. Administrator Jester said she didn't know the answer, BMP locations
3
BCWMC June 16, 2016, Meeting Minutes
had not been determined but that was a good thing to consider. Administrator Jester noted the grant application
for the Harrison Neighborhood Project would be developed by Metro Blooms and they would also perform the
bulk of the reporting. She noted the grant application could include funding for Commission staff time in
coordination and reporting as well.
There was consensus that staff should discuss the two stream projects and the Harrison project with BWSR staff
to get a sense of how the different projects would rank and that the Commission should probably apply for
funding for one of the stream projects and the Harrison project and bring draft applications to the July
Commission meeting.
E. Receive Update on Plans for Watershed Tour
Administrator Jester reported that almost 30 people had registered for the tour and she reviewed the tour stops and
presenters. There were no questions from the Commission.
7. COMMUNICATIONS
A. Administrator's Report
Administrator Jester reported that the APM/AIS Committee will hold their first meeting on June 28`'at 8:30
a.m. and that the TAC will also meet on June 28`h, at 1:30 p.m.—both meetings at Golden Valley City Hall.
She also reported the Budget Committee will meet on August 8`h and that all meetings are included on the
online calendar. She further noted the Clean Water Summit in September and reported that she registered the
Commission as an endorsing organization. She noted that Commissioners that wished to attend the
conference could be reimbursed for the registration fee. Finally, she noted she had done a cursory review and
provided comments to the City of Minneapolis on their Stormwater Management Program annual report.
Within the Administrator's report,there was a question about the status of the Four Seasons Mall Project.
Engineer Chandler reported that plans for demolition of the mall were recently approved administratively by
the Commission. However, it was unclear what type of future project was planned for the site and whether or
not additional water quality improvements would be incorporated there.
B. Chair
Chair de Lambert noted that registration is open for the Water Resources Conference in October. He indicated
that he always finds it to be a good conference and reminded Commissioners that they can be reimbursed for
the registration fee.
C. Commissioners -No comments
D. TAC Members—No comments
E. Committees -No comments
F. Legal Counsel—No comments
G. Engineer
Engineer Chandler asked the Commission if in the future, projects that propose only temporary floodplain
impacts should come to a Commission meeting or if they could be approved administratively. After some
questions and discussion, she indicated it was probably more complicated and took the question off the table.
4
BCWMC June 16, 2016, Meeting Minutes
7. INFORMATION ONLY (Available at http://www.bassettereekwmo.org/document/meetine-
materials-minu/meetinfz-materials/bcwme-monthly-meetinL)
A. CIP Project Updates: Now Available Online http://www.bassettcreekwmo.or2/1)rojects
B. Grant Tracking Summary and Spreadsheet
C. Clean Water Summit September 22"d,Minnesota Landscape Arboretum,Register at
http://www.arboretum.umn.eda/2016cleanwatersummit.aso
D. MWMO's "Water Wednesdays"Workshop Series(June 8,July 13,Aug 10):
http://mwm o.org/bioE/i ntrod ucin2-wate r-wednesdays-new-sum m er-workshop-series)
E. WCA Notice of Application,Plymouth Commons,Plymouth
F. WCA Notice of Application,Vrieze Property,Plymouth
G. WCA Notice of Application,St. Barnabas Lutheran Church,Plymouth
8. ADJOURNMENT - Chair de Lambert adjourned the meeting at 9:43 a.m.
Signature/Title Date Signature/Title Date
5
Executive Summary For Action
Golden Valley City Council Meeting
October 5, 2016
Agenda Item
3. E. Approval of One-Year Extension of Zoning Code Variance for 3235 Kyle Avenue North
Prepared By
Jason Zimmerman, Planning Manager
Summary
At the September 29, 2015, Board of Zoning Appeals (BZA) meeting, the Board members approved
a variance for the property at 3235 Kyle Avenue North to allow for the construction of a front
porch/entryway addition. The BZA granted a variance from Section 11.21, Subd. 11(A)(1) front yard
setback requirements to allow the porch/entryway addition to be 3.41 feet off of the required 35
feet to a distance of 31.59 feet at its closest point to the front yard (east) property line.
According to the Zoning Code, a building permit must be applied for within one year of the date of
the final notice of variance approval. The applicant, Mr. Dienst, is requesting a one-year extension
on that requirement which would extend the time available to apply for a building permit to
October 16, 2017.
Attachments
•Location Map (1 page)
•Email from Dennis Dienst (1 page)
•Notice of Final Order (1 page)
•BZA Minutes dated September 29, 2015 (2 pages)
Recommended Action
Motion to approve a one-year extension for an approved Zoning Code variance for 3235 Kyle
Avenue North to October 16, 2017.
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Wittman, Lisa
From: Dienst, Dennis
Sent: Friday, September 23, 2016 9:09 AM
To: Wittman, Lisa
Cc: Dienst, Joy A.;
Subject: Extension of Variance on 3235 Kyle Avenue North
Importance: High
Hello,
Please let me know that you received this email.
Joy and I need another year to get our remodel done. My work has not allowed us to get the quotes in place to be
successful on this project.
Please extend our variance for another year so we can have a great addition to our house. Let me know if there are any
questions.
Thank you.
Dennis K. Dienst
3235 Kyle Avenue North
Golden Valley, MN 55422
This e-mail or the documents accompanying this e-mail contain information that may be confidential and/or privileged. It may also be prohibited
from disclosure under applicable law. The information is intended to be for the use of the individual or entity named on this transmission.If you are
not the intended recipient,be aware that any disclosure,copying,distribution or use of the contents of this information is without authorization and is
prohibited. If you have received this e-mail in error,please notify us immediately so that we can take action to correct the problem.
1
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valley
7800 Golden Valley Road
CITY OF GOLDEN VALLEY Golden valley,MN 55427
Board of Zoning Appeals
Notice of Final Order
October 16, 2015
Petitioner(s): Dennis Dienst
Address: 3235 Kyle Avenue North
Golden Valley, MN 55422
At a regular meeting of the Golden Valley Board of Zoning Appeals held on
September 29, 2015, your petition for the following waiver from the City's Zoning
Code was approved:
Request: Waiver from Section 11.21, Single Family Zoning District, Subd.
11(A)(1) Front Yard Requirements
• 3.41 ft. off of the required 35 ft. to a distance of 31.59 ft. at its closest point to the
front yard (east) property line to allow for the construction of a front porch/entryway
addition.
Attached you will find an unofficial copy of the minutes of the Board.
Staff Liaison
Board of Zoning Appeals
If waiver(s) are not acted upon within one year from the date of this Order in
accordance with statutes, the waiver(s) have expired.
763-593-8000 ra.x 763-593-8109 nY 763-593-3968 www.goidenvalleymii.gov
Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
September 29, 2015
A regular meeting of the Golden V ley Board of Zoning Appeals was held on Tuesday,
ember 29 2015, at City Hall, 00 Golden Valley Road Go Valley, Minnesota.
Chair called the meeting to rder at 7:05 pm.
Those present were bers Max ell ( at 7:15), Nelson, Orenstein Perich and
Planning Commission Rep um. Also present were Associate Planner/Grant
Writer Emily Goellner, and A s ssistant Lisa Wittman.
I. Approval inutes — Aug t 25, 2015 Regu eting
MOV y Nelson, seconded by P rich and motion carried unanimo ly to approve the
A st 25, 2015, minutes as submi ed. Blum abstained from voting.
Il. The Petition(s) are:
3235 Kyle Avenue North
Dennis K. Dienst, Applicant
Request: Waiver from Section 11.21, Single Family Zoning District, Subd.
11(A)(1) Front Yard Requirements
• 3.41 ft. off of the required 35 ft. to a distance of 31.59 ft. at its closest point to
the front yard (east) property line.
Purpose: To allow for the construction of a front porch/entryway addition.
Goellner referred to a survey of the property and explained the applicant's request to
construct an 8 ft. x 10 ft. foot porch/entryway addition on the front of their home. The
proposed addition would be located 31 .59 feet away from the east property line rather
than the required 35 feet. She added that staff is recommending approval of the
requested variance finding that this small addition would not compromise the essential
character of the locality and it is a reasonable location on the home for an entryway.
Dennis Dienst, Applicant, explained that their existing front entryway is only 8 square feet
in size and it opens right into the living room. He added that they also have a fireplace
right by the front entry that they aren't able to use because of the wind that comes in from
the front door.
Perich opened the public hearing. Hearing and seeing no one wishing to speak, Perich
closed the public hearing.
Minutes of the Golden Valley Board of Zoning Appeals
September 29, 2015
Page 2
Nelson noted that there are other houses located on Kyle Avenue that are closer to the
front property line than the required 35 feet. She stated that normally the Board is very
sensitive to front yard setback requirements, but this proposal will improve the look of the
house and it meets all of the criteria the Board considers when granting variances. The
Board agreed.
MOVED by Nelson, seconded by Blum and motion carried unanimously to approve the
variance request for 3.41 ft. off of the required 35 ft. to a distance of 31.59 ft. at its closest
point to the front yard (east) property line to allow for the construction of a front
porch/entryway addition.
45 Golden Valley Road
PaWette Beigarde, Applicant
Requ t: Waiver from Section 11. 1, Single Family Zoning District, Subd.
11(A)(3 ) Side Yard Requiremen
• 6.4 ft. o f the required 12.5 ft. a distance of 6.1 ft. at its close int to the
side yard st) property line.
Purpose: To allo or the construct n of a home office tion.
Goellner referred to a survey the prope and explai he applicant's request to
construct a 6 ft. x 7 ft. addition the nort ast corn f the house. She stated that the
applicants have said their unique 'rcums nces hat there is a limited area on which
to build, there is a steep slope and dri w n the other side of the house, and there
are large trees in the rear yard. She s e t staff is recommending approval of the
requested variance as it will not compro a the essential character of the locality.
Perich asked if the existing fence "g t t side of the property is on the property
line. Goellner said she believes
Blum asked if the property t door to t east (15 Lilac Drive) is a business use.
Goellner said yes, and a ed that the pr erty to th outh is also zoned Business and
Professional Offices.
Maxwell asked if property is also uni a because of its long shape. Goellner said
yes and stated at it is also a steep and arrow property.
Nelsonioned if the proposed locati n of the addition is rea the only place to build
an addiiqu . Goellner said yes, the front st corner or the back ea corner of the house
are re y to the only places to add anyt g onto the house.
K n Vereecke, Studio Bauen, stated th t the homeowner has seven children and every
i h of the home is utilized. He reiterate hat they can't build on the west side of the
ouse because of the driveway and stat that the proposed addition won't affect the
Executive Summary For Action
Golden Valley City Council Meeting
October 5, 2016
Agenda Item
3. F. Appointment of Election Judges and Absentee Ballot Board for the General Election on
November 8, 2016
Prepared By
Kris Luedke, City Clerk
Summary
As required in State Statute 204B.21, Council needs to approve the appointment of the Election
Judges and Absentee Ballot Board for the upcoming General Election. The Absentee Ballot Board
judges will have the responsibility of accepting and rejecting absentee ballots based on the
criteria set by the State.
Hennepin County will appoint Absentee Ballot Board judges that will be responsible for
accepting/rejecting all in person and mail in absentee ballots received at the Hennepin County
Government Center.
Attachments
•Resolution approving the appointment of Election Judges and Absentee Ballot Board for the
General Election on November 8, 2016 (2 pages)
Recommended Action
Motion to adopt Resolution approving the appointment of Election Judges and Absentee Ballot
Board for the General Election to be held on November 8, 2016.
Resolution 16-56 October 5, 2016
Member introduced the following resolution and moved its adoption:
RESOLUTION APPROVING THE APPOINTMENT OF ELECTION
JUDGES AND ABSENTEE BALLOT BOARD FOR THE
GENERAL ELECTION ON NOVEMBER 8, 2016
WHEREAS, Minnesota Election Law 204B.21 requires that persons serving as
election judges be appointed by the Council at least 25 days before the election; and
NOW, THEREFORE, BE IT RESOLVED by the Golden Valley City Council that the
individuals named on Exhibit A, and on file in the city clerk’s office be appointed as the City
of Golden Valley Election Judges and Absentee Ballot Board Judges for the November 8,
2016 General Election; and
BE IT FURTHER RESOLVED the Golden Valley City Council also appoints other
individuals and all members appointed to the Hennepin County Absentee Ballot Board as
authorized under Minn. Stat. 204B.21, subd. 2 under the direction of the Election Manager
to serve as members of the Golden Valley Absentee Ballot Board; and
BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any
substitutions or additions as deemed necessary.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Kristine A. Luedke, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
Resolution 16-56 October 5, 2016
Exhibit A
2016 Election Judges
The following individuals are appointed to serve in the 2016 State General Election:
Ambroe, Leonard
Anderson, Chuck
Anderson, Tracy
Anderson, Susan
Barnard, Andra
Barret, Roger
Bartol, Colin
Berg, David
Bergman, Roger
Bergquist, Lois
Boehne, Andrea
Bona, Richard
Bona, Susan
Browning, Angela
Bucklin, Alison
Burke-Scheffle, Kathleen
Burkholder, John
Carlson, Dennis
Carlson, Philip
Chander L’Enfant, Julia
Christenson, Sandra
Christenson, Thomas
Cohen, Gary
Condon, Marilyn
Cowan, Martin
Cummins, Carol
Day, Kathleen
Day, Fran
Decker, Kay
Decker, Daniel
Dietz, Arlene
Dorn, Brian
Doughty, Beth
Drysdale, Robert
Fortman, Lloyd
George, Janet
George, Teresa
Girard, Pierre
Groth, Michael
Gustafson, Cheryl
Hackbart, Roger
Haggberg-Miller, Susan
Hanson, Gary
Hasselbusch, Cynthia
Henrud, John
Herberg, Suzanne
Hietala, Connie
Hoffman, Jay
Hoffstedt, Diane
Hoyt, Robert
Ihrke, Antoinette
Ipsen, Nancy
Johnson, Maria
Johnson, Kent
Johnson, Todd
Jones, Shirley
Jorgens, Gwen
Kamman, Elizabeth
Kampf, Howard
Kempfelt, James
Kilner, Marilyn
King, Dwayne
Krenn, Barbara
Lang, Robert
Lueck, Christy
Lund, Charles
Magnuson, Pat
Manzano, Sally
Mills, Cynthia
Mitchell, Norman
Moore, Pat
Moore, Tom
Myers, Kay
Olfe, Janet
Osvold, Bruce
Osvold, Dianne
Pagenkopf, Jane
Palmquist, Lois
Parry, Carol
Peters, James
Plager, Jan
Pugh, Laura
Ringsmuth, Lynell
Robinson, Beverly
Sanford, Clare
Scanlon, Thomas
Sell, Glennys
Sell, Mike
Silver, Sarene
Stresemann, Marjorie
Strobel, Nancy
Sunderland, Delphine
Sunderland, Richard
Tenenbaum, Phillip
Thompson, Sylvia
Tiffin, Marie
Tillman, Barb
Tomko, Patricia
Toren, Hilary
Tueting Nelson, Laura
Tvedt, Gordon
Van Heel, Barbara
Van Hook, Mary
Vanheel, Barbara
Vodovoz, Helen
Waffensmith, Connie
Waffensmith, Walter
Webinger, Margaret
Wells, Jackie
Wobschall, Georgeann
Yeager, Carrie
Absentee Ballot Board
Hietala, Connie
Jones, Shirley
Stresemann, Marjorie
Van Hook, Mary
Watson, Sue
Weber, Meagan
Zerull, Carol
Executive Summary For Action
Golden Valley City Council Meeting
October 5, 2016
Agenda Item
3. G. Approval of Plat - Tralee at Paisley Lane 1
st Addition
Prepared By
Jason Zimmerman, Planning Manager
Summary
At the September 20, 2016, City Council meeting, the Council held a public hearing on the
Preliminary Plat for the minor subdivision of Tralee at Paisley Lane 1
st Addition (26 Paisley Lane).
After the hearing, the Council approved the Preliminary Plat which will allow two lots. The Final
Plat has now been presented to the City. Staff has reviewed the Final Plat and finds it consistent
with the approved Preliminary Plat and the requirements of City Code.
Attachments
•Resolution for Approval of Plat - Tralee at Paisley Lane 1
st Addition (1 page)
•Final Plat of Tralee at Paisley Lane 1
st Addition (1 page)
Recommended Action
Motion to adopt Resolution for Approval of Plat 0 Tralee at Paisley Lane 1
st Addition.
Resolution 16-57 October 5, 2016
Member introduced the following resolution and moved its adoption:
RESOLUTION FOR APPROVAL OF PLAT - TRALEE AT PAISLEY LANE 1
ST ADDITION
WHEREAS, the City Council for the City of Golden Valley, pursuant to due notice,
has heretofore conducted a public hearing on the proposed plat to be known as Tralee at
Paisley Lane 1
st Addition covering the following described tracts of land:
Lot 15, Block 5, Tralee
WHEREAS, all persons present were given the opportunity to be heard;
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden
Valley, that said proposed plat be, and the same hereby is, accepted and approved, and
the proper officers of the City are hereby authorized and instructed to sign the original of
said plat and to do all other things necessary and proper in the premises.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Kristine A. Luedke, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
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Executive Summary For Action
Golden Valley City Council Meeting
October 5, 2016
Agenda Item
3. H. Authorize Participation in the Metropolitan Council Municipal Publicly Owned Infrastructure
Inflow/Infiltration Grant Program
Prepared By
Jeff Oliver, City Engineer
R.J. Kakach, E.I.T. Engineer
Summary
The Minnesota Legislature appropriated $2,000,000 in 2014 for the Metropolitan Council
Infrastructure Inflow/Infiltration Grant program. The purpose of this program is to provide
reimbursement to municipalities for capital improvements to public municipal wastewater
collection systems, which reduces the amount of inflow and infiltration into the Metropolitan
Council’s sanitary sewer disposal system. The City of Golden Valley participated in this grant
program in 2012 and staff is recommending pursuing these grant funds for reimbursement on
construction project over the past two years.
This year, the City is eligible for $60,450.47 of the $2,000,000 authorized by the Legislature in 2014
for the grant. This amount has decreased from the 2012 grant due to more Cities participating in the
program and a smaller funding amount available from the State Legislature. Staff recommends
submission for reimbursement of project costs directly related to inflow and infiltration reduction
improvements in the City’s municipal sanitary sewer lines.Some of the work that is eligible for
reimbursement under this program includes lining of public sewermains, joint grouting, and manhole
rehabilitation which are all included in the Golden Valley Inflow and Infiltration Reduction Program.
Attachments
•Resolution Authorizing Participation in the Metropolitan Council Municipal Publicly Owned
Infrastructure Inflow/Infiltration Grant Program (1 page)
Recommended Action
Motion to adopt the Resolution Authorizing Participation in the Metropolitan Council Municipal
Publicly Owned Infrastructure Inflow/Infiltration Grant Program for the Reimbursement of Project
Costs Associated with Inflow/Infiltration Improvements.
Resolution 16-58 October 5, 2016
Member introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING PARTICIPATION IN THE METROPOLITAN COUNCIL
MUNICIPAL PUBLICLY OWNED INFRASTRUCTURE INFLOW/INFILTRATION GRANT
PROGRAM FOR THE REIMBURSEMENT OF PROJECT COSTS ASSOCIATED WITH
INFLOW/INFILTRATION IMPROVEMENTS
WHEREAS, funding is available from the Metropolitan Council Municipal Publicly
Owned Infrastructure Inflow/Infiltration Grant Program for the reimbursement of project
costs associated with inflow/infiltration improvements; and
WHEREAS, the City of Golden Valley has made improvements to the municipal
sanitary sewer system which reduce the amount of inflow and infiltration entering the
Metropolitan Council Environmental Services system.
NOW, THEREFORE, BE IT RESOLVED that the Golden Valley City Council hereby
authorizes the Physical Development Director or her designee to prepare and submit the
Metropolitan Council Inflow/Infiltration Grant Program application on behalf of the City of
Golden Valley.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Kristine A Luedke, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
Executive Summary For Action
Golden Valley City Council Meeting
October 5, 2016
Agenda Item
4. A. Public Hearing - Amendment to City Code Section 11.60 Floodplain Management Zoning
Overlay District
Prepared By
Jeff Oliver, City Engineer
Eric Eckman, Public Works Specialist
Summary
The City of Golden Valley has a floodplain management overlay district that serves to guide and
regulate the orderly development of land within the floodplain of Bassett Creek and its tributaries.
The floodplain management code is a requirement of the City’s participation in the National Flood
Insurance Program which allows property owners in Golden Valley to purchase flood insurance.
The code includes an official flood zone map and profile consisting of the Flood Insurance Rate
Maps and Flood Insurance Study provided by the Federal Emergency Management Agency
(FEMA). FEMA requires that the City update its local floodplain management code whenever the
flood zone maps and profiles are updated by FEMA, approximately every ten years.
FEMA recently completed updates to the maps for Hennepin County with an effective date of
November 4, 2016. Although there are no significant changes to the maps or flood elevations in
Golden Valley in this update, the City must incorporate the new maps into its code and submit the
adopted code to FEMA before the effective date in order to avoid suspension from the National
Flood Insurance Program.
Attached to this memorandum is a strikethrough/underline version and a clean version of the
amended code for your review and consideration.
The draft amendments have been reviewed by the City Attorney, the Minnesota Department of
Natural Resources (MnDNR), and the Bassett Creek Watershed Management Commission
(BCWMC). The MnDNR, which coordinates the National Flood Insurance Program for Minnesota,
issued a conditional letter of approval to the City on August 19, 2016.
An informal public hearing was held at the Planning Commission meeting on September 12, 2016.
No public comments were received.
Along with incorporating the new maps into the City’s floodplain management code, the MnDNR
recommended that a number of definitions be added and sections revised for conformance with
state and federal laws. Additionally, revisions were made to ensure consistency with the recently
adopted BCWMC Watershed Management Plan. Below is a summary of the changes to the code:
1.Subdivision 2. District Established - Incorporating the new flood insurance rate maps and
flood insurance study, effective November 4, 2016
2.Subdivision 3. Definitions - Several definitions were added, deleted, or modified as
recommended by the MnDNR
3.Subdivision 4. General Rules and Prohibitions Affecting Uses and Subdivision 6. Special
Permits - Revisions were made to reflect the BCWMC policies regarding “no net loss in
floodplain storage” and “no increase in flood levels”
4.Subdivision 5. Uses Permitted by Right - Provisions were added to the non-residential
parking areas use
5.Subdivision 7. Variances - Revisions were made for consistency with Minnesota law and
Section 11.90 of City Code and to include language mandated by FEMA.
6.Subdivision 11. Non-Conforming Obstructions, Uses and Structures - Clarified that no new
structures are allowed in the floodplain
7.Subdivision 19. Subdivision of Land - Based on MnDNR recommendation, provisions were
added to ensure that subdivisions and building sites within or near flood prone areas are
suitable for development
Attachments
•Unapproved Planning Commission Minutes dated September 12, 2016 (3 pages)
•Letter from the MnDNR dated August 19, 2016 (2 pages)
•Underlined/overstruck version of Section 11.60: Floodplain Management Zoning Overlay
District (25 pages)
•Ordinance #614, Section 11.60: Floodplain Management Zoning Overlay District (21 pages)
•Summary Ordinance (1 page)
Recommended Action
Motion to adopt Ordinance #614, Amending Section 11.60 of the City Code updating the City’s
Floodplain Management Zoning Overlay District.
Motion to approve Summary of Ordinance #614, for publication.
Regular Meeting of the
Golden Valley Planning Commission
September 12, 2016
A regular meeting of the Planning C mission was held at the Golden Valley City Hall,
ncilChambers, 7800 Golden V ley Road, Golden Valley, Minnesota, on Monday,
Sep ber 12, 2016. Chair Segelb um called the meeting to order at 7 pm.
Those pres ere Planning Co issioners Baker, Blum nson, Kluchka,
Segelbaum, an dhauser. Is present we g anager Jason Zimmerman,
Associate Planner/Gr riter E ill y er, Public Works Specialist Eric Eckman,
and Administrative Assistan man.
1. Approval of ' es
Augu , 2016, Regular lanning Commiss eeting
MO by Kluchka, seconded Johnson and motion carried una ly to approve
t ugust 22, 2016, minutes a submitted.
2. Informal Public Hearing — Zoning Code Text Amendment— Section 11.60:
Floodplain Management Zoning Overlay District—ZO00-108
Applicant: City of Golden Valley
Purpose: To consider updates to the Floodplain Management Zoning Overlay
District.
Eckman stated that the City has a floodplain management code that guides and
regulates the orderly development of land within the floodplain of Bassett Creek and its
tributaries. He stated that the code needs to be updated as a requirement of the City's
participation in the National Flood Insurance Program.
Eckman explained h h
p d t at the code includes an official flood zone map and profile
consisting of the Flood Insurance Rate Map panels and Flood Insurance Study provided
by the Federal Emergency Management Agency (FEMA). FEMA requires that the City
update its floodplain management code whenever the flood zone maps and profiles are
updated which occurs approximately every 10 to 15 years.
Eckman referred to a map of the flood boundaries in Golden Valley and discussed what
the floodplain looks like when there is a 1% annual chance flood which means there is a
1% chance in any given year where there might be inundation equal to or exceeding
what is shown on the map. He added that properties in that area are mandated to get
flood insurance.
Eckman noted that there are no significant changes and that the Bassett Creek
Watershed map boundaries and flood elevations are roughly the same as the existing
map. He stated that no new properties have been added to the 1% annual chance flood
areas, but that there were some new properties added to the .2% annual chance flood
Minutes of the Golden Valley Planning Commission
September 12, 2016
Page 2
area, which will not require flood insurance. He stated that even though there are no
significant changes staff will be sending a letter to adjacent property owners to make
sure they are aware and have advanced warning if they need flood insurance.
Baker asked if the new floodplain map will be on the City's website. Eckman said the
map is not currently on the City's website, but it will be once it becomes effective. He
added that the DNR, the City Attorney, and the Bassett Creek Watershed Commission
have reviewed the proposed revised ordinance and that the proposed changes will be
consistent with Watershed policies.
Segelbaum asked Eckman to highlight some of the more significant changes. Eckman
stated that the spirit and intent of the Code remain the same. However, several
definitions were added, deleted, or modified as recommended by the DNR. Revisions
were made to reflect the Bassett Creek Watershed Management Commission's policies
regarding "no net loss in floodplain storage" and "no increase in floodplain elevations."
Provisions were added allowing non-residential parking lots to be located in a floodplain
area. Language was clarified to state that no new structures are allowed in the
floodplain, and provisions were added to ensure that subdivisions and building sites
within or near flood prone areas are suitable for development.
Segelbaum asked if the Medicine Lake Road/Winnetka Avenue area is in the floodplain.
Eckman said it is not a large enough area to be in the federally mapped floodplain,
which would require property owners to have flood insurance, but it is a known localized
flooding area.
Baker asked Eckman if he knows how many homes are in the floodplain. Eckman said
there are approximately 500 properties, including some public property, in the
floodplain.
Baker noted that there is a definition listed for the 1% annual chance flood, and
questioned why there isn't a definition for the .2% annual chance flood. Eckman said
staff will consider adding that definition.
Kluchka asked if there is a version of the floodplain map showing what the floodplain
used to be compared to what it will be. Eckman said staff can make the 2004 map and
the current map available. He reiterated that the 1% annual chance flood boundary
didn't change and that is where flood insurance is required.
Kluchka referred to a survey done last year in the DeCola ponds area that caused
confusion because it was done at the same time as the Liberty Crossing proposal. He
asked about the communications plan for the floodplain map versus the survey
information. Eckman said staff will be working with homeowners and sending letters to
affected property owners. Baker questioned if the City should add the DeCola ponds
area to the floodplain map. Eckman said that has been a discussion in the past,
however property owners would then be required to purchase flood insurance which is
quite expensive. Baker stated that building in floodplains is a chronic problem and he
thinks it is in the public's interest to point out where these areas are.
Minutes of the Golden Valley Planning Commission
September 12, 2016
Page 3
Segelbaum questioned why manufactured homes have been stricken from the
proposed ordinance. Eckman said it was practical to remove that language because
there are no manufactured homes in Golden Valley.
Waldhauser stated that during public hearing for subdivision proposals the Planning
Commission often hears from residents about water problems being aggravated and
open space being taken away. She questioned if allowing commercial parking lots in the
floodplain which can store water, but won't take water away, is a conflict. Eckman
explained that there is a different section of City Code pertaining to stormwater for
developments.
Segelbaum opened the public hearing. Seeing and hearing no one wishing to comment,
Segelbaum closed the public hearing.
Kluchka said he thinks for the purpose of the overlay district itself the proposed changes
are appropriate but he thinks there is value in having an overlay of properties where
there are different requirements because the City knows there are properties in flood
prone areas that are not on a floodplain map. Baker added that the City could also
present other sources of information about other areas of concern. Kluchka said he is
guessing that the City only studied the DeCola neighborhood because of the
development in the area and that it hasn't studied other areas. Eckman clarified that the
DeCola study was underway before development was proposed in the area, but agreed
that the City could study other areas. He added that the Bassett Creek Watershed has
been working on a watershed-wide model and that maps could be generated to assist in
identifying areas that are at risk of flooding once the modeling effort is complete.
Waldhauser stated that Golden Valley is fully developed so there is some danger and
implications to property values if these maps are imposed on property owners. She
added that the City should provide information for buyers, but it is really a buyer beware
issue. Kluchka stated that providing additional data helps people make decisions and
that he would rather have data on what is actually happening in an area rather than
blaming developers or builders during the subdivision process. Baker suggested
including a disclaimer in the letter to residents, or on the website stating that the
floodplain map doesn't include all areas of the City that are prone to flooding.
MOVED by Kluchka, seconded by Blum and motion carried unanimously to recommend
approval of the proposed updates to the Floodplain Management Zoning Overlay
District.
--Short Recess--
3. Reports on eetings of the H using and Redevelopment Authority, City
uncil, B rd of Z peals and other Meetings
Johnson gave date on the August Board of Zoning Appeals meeting that he and
Commis r KI attended. Zimmerman stated that staff will be working on
pro g an en f ye ummary of all the proposals/projects that have been reviewed.
MINNESOTA DEPARTMENT OF NATURAL RESOURCES
CENTRAL OFFICE
500 LAFAYETTE ROAD, BOX 25
SAINT PAUL,MN 55155
MNDNR 651- 6-6157
888-64646-6367
August 19, 2016
The Honorable Shep Harris
Mayor, City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
CONDITIONAL STATE APPROVAL OF FLOODPLAIN ORDINANCE & REQUIRED NEXT STEPS
Dear Honorable Mayor Harris,
The Department of Natural Resources (DNR) received via email on August 16, 2016, a draft floodplain
management ordinance for the City of Golden Valley from Public Works Specialist Eric Eckman. This
ordinance is being adopted in order to incorporate the Flood Insurance Study, Hennepin County,
Minnesota and Incorporated Areas and the accompanying Flood Insurance Rate Map panels with an
effective date of November 4, 2016.
The draft ordinance will need a couple of minor corrections and additions to meet state and FEMA
standards:
• Consider adding definition for"Flood Insurance Rate Map" consistent with 44 CFR§59.1. While
this definition was not in the model, adding this definition will add clarity when cross
referencing the Flood Insurance Study,
• Please verify that the correct provisions are being referenced in the ordinance. One specific
correction to note is contained in Section 11.60, Subd. 2 (13 & F),which should instead
reference Subd. 2E.
These suggested changes are noted in the relevant pages of the enclosed draft. We apologize for the
first item and are planning to correct the model ordinance accordingly.
Apart from the above items, the draft floodplain management ordinance is in compliance with the
state floodplain management rules (MR 6120.5000 to 6120.6200) and, to the best of my knowledge,
with the floodplain management standards of the Federal Emergency Management Agency.Therefore,
in accordance with Minnesota Statutes, Chapter 103F, I hereby give conditional state approval of the
draft floodplain management ordinance, provided the above - mentioned revisions are made.
This approval is valid upon adoption of the draft ordinance by the city and receipt by this office of one
(1) copy each of the adopted ordinance(signed and stamped with the community seal), the
^ PRINTED ON RECYCLED PAPER CONTAINING A mndnr.gov 500 LAFAYETTE ROAD-SAINT PAUL,MN 55155
14 MINIMUM OF 10%POST-CONSUMER WASTE AN EQUAL OPPORTUNITY EMPLOYER
affidavit of publication, and the completed "Ordinance Certification Checklist"that I have
enclosed. Please forward these documents to Ceil Strauss, the DNR's State NFIP Coordinator in St,
Paul at the address above in the header. Upon receipt and verification, Ms. Strauss will transmit one
copy of these materials to Mr. John Devine at FEMA's Chicago Regional Office.
Please remember, FEMA must receive a signed, certified,and in-effect ordinance no later than
November 4, 2016. To allow sufficient time for processing and transmittal, we request that you
submit the requested materials to the DNR no later than November 1. 2016. If FEMA has not
received the documentation by the map effective date, FEMA will suspend the Cityfrom the
National Flood Insurance Program.
Please be advised that any future amendments of this ordinance or change in the designation of flood
prone areas require prior approval of the Commissioner. In addition,you are required to send copies
of hearing notices and final decisions pertaining to variance, conditional uses, and ordinance
amendments to this agency. Please send those to State NFIP Coordinator Ceil Strauss at the above
address. Should you have any questions on this ordinance or related matters, please contact Ms.
Strauss at(651) 259-5713 or ceil.strauss@state.mn.us.
While our office in St. Paul will continue to be the main contact for the ordinance update,your DNR
Area Hydrologist will continue to be your main contact for day to day assistance with administering
your floodplain management ordinance and questions about other DNR water-related programs and
permits. Your Area Hydrologist is Kate Drewry,who can be contacted at 651-259-5753 or
kate.drewry@state.mn.us.
The DNR greatly appreciates your community's cooperation and initiative in providing for the
reduction of flood damages through the adoption and administration of this ordinance.
Sincerely,
JenniferShillcox
Land Use Section Supervisor
Enclosures: Ordinance Certification Checklist
ec: Eric Eckman, Public Works Specialist- City of Golden Valley
Terri Yearwood, DNR Eco-Waters' Regional Manager
Jeanne Daniels, DNR Eco-Waters' District Manager
Kate Drewry,Area Hydrologist
§ 11.60
Section 11.60: Floodplain Management Zoning
Overlay District
Subdivision 1. Purpose
A. It is found and determined by the Council that the lands within the
floodplains of Bassett Creek and its tributaries are an
invaluable land resource; that lands within the Floodplain are or may be
subject to loss or imprudent alteration through uncoordinated and unplanned
development; that the proper management of development of such lands is
essential to avoid rapid runoff of surface waters, to preserve adequate
ground water infiltration, to protect surface waters, to prevent pollution of
the City's water bodies, to minimize periodic flooding resulting in loss of life
and property, to prevent interruption of governmental services and
extraordinary public expenditures, and to control runoff and impairment of
the tax base, all of which adversely affect the public health, safety and
welfare; and that development within the Floodplain must be regulated on
the basis of and with proper consideration of the impact on tl=�e Bassett Creek
and other water bodies in the City.
B. It is the purpose of this Section to guide and regulate the orderly
development of land within the Floodplain by establishing a system of
management of the Floodplain. It is further the intent of this Section to
promote a uniform Floodplain management program, consistent with the
needs of individual cities having lands within the Floodplain-ef Bassett Creek,,
to maximize the coordinated efforts of all members of the Bassett Creek
Water Management Commission `—tBCWMC„J in Floodplain management, and
to secure for the benefit of the citizens of Golden Valley the benefits of the
National Flood Insurance Act of 1968 as amended.
C. This Section is enacted pursuant to Minnesota Statutes, Chapter 103F, and is
in conformance with the Management Plan for the BCWMC.
D. In addition to the foregoing, this ordinance is adopted to comply with the
rules and regulations of the National Flood Insurance Program, codified as 44
Code of Federal Regulations Parts 59-78, as amended, so as to maintain the
Citk's eligibility in the National Flood Insurance Program.
E._._This._ordinance is also intended tomreserve the natural characteristics-and
functions of watercourses and floodplains in order to moderate flood an
s.ormwater impacts, improve water quality, reduce soil erosion, protect
Golden Valley City Code Page 1 of 25
§ 11.60
-aquatic and riparian habitat provide recrea Tonal opportunities provide
hetic benefits and enhance community and ecQnomic economicdevelopment
Subdivision 2. District Established
A. This Section applies to all lands within the jurisdiction of the City shown on
the Official Zoning Map and/or the attachments to the map as being located
-within the boundaries of the Floodplain and such area shall be referred to as
the "Floodplain Management District" The Floodplain Management District is
an overlay district that is superimposed on all existing zoning districts The
-standards imposed in the overlay district are in addition to any other
requirements in this Chapter. In case of a conflict between this Section and
-any other Section of the City Code the more restrictive standards will apply
B. The Floodplain Management District includes those areas within Zone AE or
Zone A a shown on.the Flood In..sura_n..�.�..._R.a.t.e..._M..ap.....adopted in Subd 2.E.
.....................:........................................................................o....
C� The Fleedplain zenes within the City generally consist ef all Zene AF= lands
Fgienal fleed events. Zone and Zone n t, a •r s aFe s sh,ewn n the
4ft's-ufzi-rfe
elevatiensBase Flood Elevations for regional flood events were deteFFAined by
determined by referencing the Flood Insurance Study, referred to in Subd
2 F below, and hydraulic models developed and maintained by the BCWMC.
This method of identifying flood hazard areas is consistent with the standards
established by the Minnesota Department of Natural Resources.
D. Where.a crifHU exists___between the Floodplain limits illustrated on the Official
Zoning Map and actual field conditions the flood elevations shall be the
QQverning factor. The Administrator shall interpret the boundary location
based on the ground elevations that existed on the site on the date of the
first National Flood Insurance Program map showing the area within the
regulatory floodplain and other available technical data
F A-;-The Official Flood Zone Profile and Map are hereby adopted by reference
and made a part of this Section. The profile and map are on file in the City's
Pt►blie Wf-er(-s hvsical Developmen Department, and are open to inspection
by the public during normal business hours of the City.
F 8-7-The official boundaries of the Floodplain zone shall be determined on the
basis of the criteria set forth above. Copies of the Flood Insurance Rate
Golden Valley City Code Page 2 of 25
§ 11.60
Maps, adopted in Subd. 2.8E, indicating the location of the Floodplain zones,
shall be on file in the City offices for informational purposes. Heweve,--ems
Reed Zene PFefile FefeFFed te above, and the actual ground suF
The
following mans together with all attached material are hereby adopted by
reference and declared to be a part of the Official Zoning-Map—and this
Section The attached material includes the Flood Insurance Study for
Hennepin County_, Minnesota, and Incorporated Areas, dated November 4,
2016 and the Flood Insurance Rate Map panels enumerated below, dated
November 4, 2016, all prepared f .y.::thFe-d- :r. r.9 . :X:::::Maria:9.e_ e.n.t
Agency These materials are on file in the City's Physical Develo men
Department.
Effective Flood Insurance Rate Map=panels:
27053C0194F
27053CO213F
27053CO214F
27053C0332F
27053C0351F
27053C0352F
27053C0354F
Subdivision 3. Definitions
The following terms, as used in this Section, shall have the meanings as stated,
wheth rerrcapita.l ze—d.:
A. Administrator: The City Manager or his/her
designee, who in consultation with the City Engineer, the technical advisors
of the BCWMC, and other staff or outside technical experts as necessary,
shall be responsible for discharging the administrative duties entailed by this
Section.
B. Base Flood: The flood having a one percent chance of being equaled or
exceeded in any given year. This is the regulatory standard also referred to
as the "100-year flood." The base flood is the national standard used by the
National Flood Insurance Program (NFIP) and all Federal agencies for the
purposes of requiring the purchase of flood insurance and regulating new
development. Base Flood Elevations (BFEs) are typically shown on Flood
Insurance Rate Maps (FIRMs).
Golden Valley City Code Page 3 of 25
§ 11.60
C Base Flood Elevation: The elevation of the Regional Flood The term Base
Flood Elevation is used in the flood insurance survey
D.. Basement: Any area of a structure, including crawl spaces having its floor
or base subgrade (below ground level) on all four (4) sides, regardless of the
depth of excavation below ground level.
E. D. BCWMC: The Bassett Creek Wate Watershed Management Commission.
- E—
F__ Development. Any .manmade cha.nae to i.m-proved or unimproved real
estate, includin_ buildins=o.r other m.structures; minid, redging, filling,
gradin,g,_pav n -excavation or drilling operations, or storage of equi ment or
materials.
G. DNR Commissioner: The Commissioner of the Minnesota Department of
Natural Resources.
H. G. Fill: Any material or combination of materials used in filling.
I. M.-Filling: The artificial depositing upon any parcel of property of any soil,
rock, rubble, mulch, vegetation or similar materials except for the depositing
of any such materials in localized depressions for the sole purpose of
landscaping, and except for the deposition of top soil on any particular parcel
for the sole purpose of either gardening or landscaping. It shall be the duty
of the Administrator to determine whether such deposition of materials falls
within one of the exceptions as outlined.
J. -1-.-Flood Fringe: That portion of the Floodplain located outside of the
floodway. The flood fringe shall include those Zone AE areas outside of the
floodway as shown on the Flood Insurance Rate Map panels adopted in Subd.
2.B-.E. For lakes, wetlands and other basins that do not have a floodway
delineated, the Flood Fringe also includes those areas below the 1% annual
-- - --
chance (100-year) flood elevation but above the ordinary high water level as
defined in Minnesota Statutes,_ Section 103G 005, subdivision 14. For those
- - -- - _- --- -
Zone A and Zone AE areas as shown on the Flood Insurance Rate Map panels
adopted in Subd. 2.8E, where floodway/flood fringe boundaries are not
shown in Zone A or Zone AE, an applicant for a Special Permit in the
floodplain must meet the provisions of Subd. 4:B4 of this ordinance.
K Flood Insurance Rate Man (FIRM)• An official man on which the Federal
Insurance Administrator has delineated both the sspecial hazard areas and the
risk premium zQnes applicable to the City A FIRM that has -e-en-made
available digitally is called a Di is tal Flood Insur nce_Rate Map (DFIRM)
Golden Valley City Code Page 4 of 25
§ 11.60
L. Flood Prone Area: Any-land susceptible to being inundated by water from
any source.
M.-__FIQ9d_Pr�Qf n_g_�_A combination of—structural—provision changes, or
ad ustments-.to_.proper ees and structures subject to flooding, primarily for the
r ction or_elimination of flood damages_
N 3—Floodplain: Those areas within the City which include the beds proper and
the areas adjoining Bassett Creek or its tributaries which have been or
hereafter may be covered by thea regional flood. The Floodplain shall be
further divided into the floodway and the flood fringe.
O. Floodplain Management District: The district established by and defined
in Subdivision 2 of this Section.
P. �:Floodway: The channels of Bassett Creek and its tributaries plus those
portions of the Floodplain which are required to convey the regional flood
discharge and store the runoff from the regional flood. The floodway shall
include those floodway areas as shown on the Flood Insurance Rate Map
panels adopted in Subd. 2.8E. For those Zone A and Zone AE areas as shown
on the Flood Insurance Rate Map panels adopted in Subd. 2.8E, where the
floodway/flood fringe boundaries are not shown, an applicant for a Special
Permit in the floodplain must meet the provisions of Subd. 4784 of this
ordinance.
M-T-Lowest Floor: The lowest floor on the lowest enclosed area (including
basement). An unfinished or flood-resistant enclosure, used solely for
parking of vehicles, building access or storage in an area other than a
basement area, is not considered a building's lowest floor..: provided, that
such enclosure is _not built so as to render the structure in violation of the
applicable non-elevation design requirements of 44 Code of Federal
Regulations, Part 60.3.
N. Manufactured transpelrtabl�e H-I
wh h is built en a perma nt chiss-is;-end-+ se with e
w+th et a p e rr a+ieftt-f�).0 n d a _wlief-tattached e-t-h t+ftt+e-s-.
The tte^t° ed h�t�e-- �t +tee 7T
vehli
R. New Construction: Structures, including additions and improvements for
which-the-start of construction commenced on after the effective date of
this-Section, or the effective date of applicable amendments to this_Seetion.
Golden Valley City Code Page 5 of 25
§ 11.60
S. P, Obstruction: Any storage or placement of material or equipment, any
dam, wall, wharf, embankment, levee, road, dike, pile, object, abutment,
projection, excavation, channel rectification, culvert, conduit, nine, building,
wire, fence, stockpile, refuse, fill, deposit, clearing of trees or vegetation,
structure or matter in, along, across, or projecting, in whole or in part, into
any Floodplain.
Q-
T. One Hundred Year Floodplain: Lands inundated by a regional flood.
U. R. Official Flood Zone Profile and Map: The collection of flood profiles
contained in the Flood Insurance Study, Volumes 1 of 2 and 2 of 2, Hennepin
County, Minnesota, all jurisdictions, dated September- 2, .004,November 44,
2016, including the Flood Insurance Rate Maps for the City of Golden Valley,
panels 27053C0194EF, 27053CO213EF, 27053CO214EF, 27053C0332EF,
27053C0351EF, 27053C0352E-and 2, 953,0354E
M a -Reytstef� s d March 07-209..7. the-Fedef-c-fl
a
.Emergency._Management Agency-a-nalong with all
af�Rerded-fleod+nstifanee rate-frn-ap- els-end the amended €lead insur-anc-e
st+rlyepatt the�etn F and 27053C0354F, dated November 4, 2016.
V. S-=Reach: A hydraulic engineering term used to describe a longitudinal
segment of a stream or river influenced by a natural or man-made
obstruction. For example, the segment of a stream or river between two (2)
consecutive bridges would constitute a reach.
W. Recreational Vehicle: A vehicle that is built on a single chassis, is four
hundred (400) square feet or less when measured at the largest horizontal
projection, is designed to be self-propelled or is permanently towable by a
light-duty truck, and is designed primarily not for use as a permanent
dwelling, but as a temporary living quarters for recreational, camping, travel
or seasonal use. For the purposes of this Section, the term recreational
vehicle shall be synonymous with the term travel trailer/travel vehicle.
X. U-.-Regional Flood: A flood which is representative of large floods known to
have occurred generally in Minnesota and reasonably characteristic of what
can be expected to occur on an average frequency in the magnitude of the
1% chance or 100-year recurrence interval. Regional flood is synonymous
with the term "base flood" used in a flood insurance stud
Y. Regulatory Flood Protection Elevation or RFPE: A- Kal An elevation
not less than two (2) feet above the elevation of the Ftoodplaffrregiona.l_..flood.
It is the elevation to which uses regulated by this Section are required to be
elevated or flood-proofed.
Golden Valley City Code Page 6 of 25
§ 11.60
Z Repetitive Loss: Flood related damages sustained by a structure on two
separate occasions during a ten year period for which the cost of repairs at
the time of each such flood event on the average equals or exceeds 25% of
he market value-of-the structure immediately before the damage occurre .
W=
AA Special Flood Hazard Area• A term used for flood insurance
pu p2ses_synony_mous_with_"One-Hundred Year Floodplain."
BB. -St-andard Project Fleed: A flood that eccurs as a result ef the mest
severe cen9b;natien of meteOFelOgieal and hydrological condliti-ens- consider-eel
senably characteristic of the Special Permit. For the purposes_of
this ection,a City Stormwater Manaaeme_nt Permit=meetinq_the
reauirement_s for a_special permit under this Section and for a permit under
Section 4.31 of the City Code and as may be required by the Administrator,
the approval of the BCWMC and DNR Commissioner.
CC. Y—. Structure: Anything that is built or constructed, an edifice or
building of any kind, or some piece of work artificially built up or composed of
parts joined together in some definite manner, whether of a temporary or
permanent character.
D_D. Z—. Substantial Damage: Damage of any origin sustained by a
structure where the cost of restoring the structure to its before damaged
condition would equal or exceed fifty percent (50%) of the market value of
the structure_immediately_ before the damage occurred.
EE.^AA— Substantial Improvement: Within any consecutive three hundred
sixty five (365) day period, any reconstruction, rehabilitation (including
normal maintenance and repair), repair after damage, addition or other
improvement of a structure, the cost of which exceeds fifty percent (50%) of
the market value of the structure immediately before the "start of
construction" of the improvement. This term includes structures that have
incurred "substantial damage," regardless of the actual repair work
performed. The term does not, however, include either:
1. Any project for improvement of a structure to correct existing violations of
state or local health, sanitary or safety code specifications which have
been identified by the local code enforcement official, and which are the
minimum necessary to assure safe living conditions.
2. Any alteration of an 'historic structure," provided that the alteration will
not preclude the structure's continued designation as an "historic
structure." For the purposes of this ordinance, "historic structure" shall be
as defined in Code of Federal Regulations, Part 59.1.
Golden Valley City Code Page 7 of 25
§ 11.60
Subdivision 4. General Rules and Prohibitions Affecting Uses
A. No existing land use, obstruction, or structure within the Floodplain shall be
altered in size or scope, except in accordance with the provisions of this
Section.
B. No temporary or permanent structure, dredge spoil site, sand and gravel
operation, fill for driveways, roads, levees or other purposes; and no deposit,
obstruction, or storage of material or equipment or other use shall be
permitted, which acting alone or in combination with existing or anticipated
uses, would affect the efficiency or the capacity of the
Floodplain or unduly increase flood heights er flood damages. 'Any such use
which ineFeases the
fleedwayr
AC W
capacity ef-ttieeh� r whi-ch will be
determin
pre,cessr
an-+ncf-e�ri Floedfplain e�e,1,Latijj:::1F!1 1:11: I—S th-H 019P half "I Q\ feet
may also in the
Floodplain elevation or flood damages.
C. In connection with any proposed activity or development, or placement of an
obstruction in the Floodplain, i-f-t-be--Rega+ato -y-F4,&edl PreteC_t 19 Elevations
I elevations then I,-;-- used Fefleet f
flood control, including water retention area-s�, hen such elevations shall not
be effect;ve er used in Issuing a speei-&�Fmit unless such measures will
in.-rease flood. In Will , ase the RFPE there must ben__net loss
in Floodplain storage and no increase in Floodplain elevations-used-
,co_nsi len with the
BCWMC._w_atershed ma�ment Plan and-Dii1icies. as may be amended from
time_to..._time.
D. No use shall be permitted by right or by special permit unless the proposed
use conforms to the land use plans and underlying zoning requirements of
the City and the watershed management plan and goals and policies of the
BCWMC.
E. Permit Required. A permit issued by the Administrator in conformity with the
provisions of this Section shall be secured prior to the erection, addition,
modification, rehabilitation (including normal maintenance and repair), or
alteration of any building, structure, or portion thereof; prior to the use or
change of use of a building, structure or land; prior to the construction of a
dam;_o.r fence ; prior to the change, replacement or
extension of a non-conforming use or non-conforming structure; prior to the
Golden Valley City Code Page 8 of 25
§ 11.60
repair of a structure that has been damaged by flood, fire, tornado or any
other source; and prior to the placement of fill, excavation of materials or the
storage of materials or equipment within the Floodplain.
Subdivision 5. Uses Permitted by Right
A. Provided that such uses shall not adversely affect the efficiency or unduly
restrict the capacity of the channels or floodways of any tributary to the main
stream or other drainage facility or system, the following uses are permitted
in the Floodplain to the extent that they are not prohibited by any other City
Code provision and provided they do not uir-ein_volve structures, fill,
fences, dams, storage of materials or equipment.
1. Private and public open space or recreational uses, such as golf courses,
tennis courts, driving ranges, archery ranges, picnic grounds, boat
launching ramps, swimming areas, parks, wildlife habitat, trails, nature
preserves and fishing areas.
2. Residential lawns, gardens, parking areas, and play areas.
3. Parking areas and hell i POFtsNon-residential Darkin_g-areas, provided the
following provisions are met:
a. Anfacilitthat will be._used--b-y employees or the general nubli_c mu
- —
be designed_ with a_ flood_warning system tha rovides adequate time
for evacuation if the area is inundated to a depth and velocity such
that the depth in feet) multiplied by the velocity lin feet per second)
would exceed a product of four upon occurrence of the regional---(10/0- - -.-......._..----- ---- - - --
chan_ce) flood; and
b. Vegetated buffers meeting City requirements must be established
around wetlands streams and water bodies
4. Signs and signals delineating or accessory to parks, trails and other
permitted uses as described above in this Subdivision.
5. Recreational vehicles are allowed on individual lots of record if they meet
the criteria listed in (a) through (c) immediately below, and provided
further that there will be no additions attached to the recreational vehicle,
and no development placed on the parcel of land that would hinder the
removal of the recreational vehicle from the site should flooding occur.
The recreational vehicle must:
a. Have current licenses required for highway use
Golden Valley City Code Page 9 of 25
§ 11.60
b. Be highway ready, meaning on wheels or the internal jacking system;
be attached to the site only by quick-disconnect type utilities
commonly used in campgrounds and recreational vehicle parks; and
must not have any permanent structural type additions attached to it.
c. Be permissible in any pre-existing, underlying zoning use district.
Subdivision 6. Special Permits
A. The following uses may be introduced into the Floodplain upon the issuance
of a special permit in accordance with the provisions of this Section:
1. Filling may be undertaken providedin that the filling is only in the flood
fringe portion of the Floodplain--If� or in Zone A areas and Zone AE areas
where a floodway has not been designated on the Flood Insurance Rate
Map, ii the requirements of Subdivision 4:g n9ust-be4 are met, and
that:
a. All fill materials deposited or stored in the Floodplain shall be protected
from erosion by vegetative cover, mulching, riprap or other acceptable
method, consistent with and in compliance with Subd. 4.B4 and
Section 4.31, City Code. All materials or equipment must be stored
outside the floodway, but within the flood fringe, and shall be elevated
on fill to the RFPE.
b. Dredge spoil sites and sand and gravel operations shall not be allowed
in the floodway.
2. Nonconformities that are in existence in the Floodplain on the effective
date of this Section, or the effective date of applicable amendments to
this_Section, may be redeveloped, altered, enlarged, or reconstructed
upon issuance of a special permit, provided that the requirements of
Subdivision 11 are met and the structure either 1) is located in the flood
fringe portion of the Floodplain; or 2) for Zone A areas and Zone AE areas
where a floodway has not been designated, and__is located in an area
where thh-eat encroachment caused would be consistent with the criteria
in Subd. 4-.-B4 of this Section. No permit shall be granted for the
redevelopment of a parcel of land or for the alteration (except by
removal), enlargement, replacement or reconstruction of any non-
conforming structure or obstruction within the floodway or Zone A or
Zone AE areas where a floodway has not been designated not meeting the
criteria of Subd. 4.8!
3. Structural works for flood control such as dams, levees, dikes and
floodwalls may be erected consistent with the criteria in Subd. 4.8: The
Golden Valley City Code Page 10 of 25
§ 11.60
modification and additions to such works shall assure that the work will
provide a means of decreasing flood damage potential in the area.
4. Public utilities, railroad tracks, streets and bridges may be located
provided they are designed to minimize impactses within the
flood lain n, and are compatible with the Watershed Management
Plan of the BCWMC. These uses can cause no increase in stage to the one
hundred (100)-year flood within the flood I� ain
within Zone A areas and Zene AE areas where a fleedway has net been
designated en the Reed insuranee Rate Map A
apply, Protection to the RFPE shall be provided where
failure or interruption of these public facilities would endanger the public
health or safety or where such facilities are essential to the orderly
functioning of the area. Where failure or interruption of service would not
endanger life or health, a lesser degree of protection may be provided for
minor or auxiliary roads, railroads or utilities.
5. All public utilities and facilities such as gas, electrical, sewer and water
supply systems to be located in the Floodplain shall be flood proofed in
accordance with the State Building Code or elevated to above the RFPE.
New or replacement_utilities and facilities mu�t._be desk ned and
constructed to minimize or_eliminate in_fil ration_
6. Any on-site water supply or sewage treatment system to be replaced in
the Floodplain must be connected to the municipal water supply and
sewage treatment system, respectively.
B. Applications for special permits shall be made to the Administrator by the
owner of the land involved. Five (5) copies of all submittal materials shall be
provided. The application shall be accompanied by a fee in an amount
determined by ordinance of the City Council, and shall include the following
information:
1. When determined necessary by the Administrator, a report, prepared or
signed by a licensed professional engineer, detailing the results of
computer modeling of the impact of the proposed structure or obstruction
on the Floodplain. Information that must be presented in this report shall
include but not necessarily be limited to: a statement of whether, and to
what extent, the proposed structure or obstruction lies within the flood
fringe or floodway; a quantification of any expected in,..-ease in flood
hei chan e in Floodlain__elevations due to the proposed structure or
obstruction; a quantification of the expected impacts of any
€k�� c.hanne in_Floodpla_i_n eleva-tions on any upstream or adjacent
property; and an explanation of any alternative construction options that
Golden Valley City Code Page 11 of 25
§ 11.60
have been investigated. The computer modeling shall assume that there
will be an equal degree of encroachment on both sides of the stream
extending for a significant reach. The computer modeling must be
submitted in a format compatible with the hardware and software used by
the City.
reach,amount in a designated floodway er by Fnere than ene half feet in a
designated Zone 11 or- Zone AE wheFe a floodway has net been designated
per reaches,effect ef several
unduly decrease the capacity of the channel eF I leedplain. n S�1.1� ,
process,
an increase i r14_1-;n--e4eva4,
the permit T-A IIVALIUVIUI Lien el less than e
half (11,121, feet rnay also be found to cause unacceptable increases in fleed
2. Plans and specifications prepared by a Minnesota licensed professional
land surveyor or engineer, showing: the nature, location, dimensions, and
elevation of the lot or plot and existing and proposed structures or
obstructions; the relationship of the lot or plot and existing and proposed
structures or obstructions to the location of the channel; surface water
drainage plans; cross-sections of the Floodplain on both sides of the
stream bed; and longitudinal profiles of the stream bed at sufficient
intervals to determine the impact of the proposed structure or
obstruction.
3. Plans and specifications prepared by a licensed professional architect or
engineer, showing: details of construction and materials, flood proofing,
filling, dredging, grading, channel improvement, storage of materials,
water supply (including withdrawal and discharge of ground and surface
water), and sanitary facilities.
4. Statement of the private and public benefits anticipated from the
proposed structure or obstruction, and any hardship that may be imposed
if the application is denied.
C. The review process shall consist of the following steps:
1. Upon receipt of a fully completed application, it shall be forwarded first to
the City Engineer. The City Engineer or a designated technical assistant
shall be responsible for analyzing the information submitted to determine
whether the subject property is located in the floodway or flood fringe or
is consistent with Subd. 4-.-B4 of this Section. The City Engineer may
recommend a provisional approval to be finalized after review by the DNR
Commissioner and the BCWMC, may request additional information from
the applicant in order to complete the analysis, may request that the
Golden Valley City Code Page 12 of 25
§ 11.60
applicant modify the plans in order to achieve an acceptable outcome, or
may deny the application on the grounds of unacceptable location or
unacceptable increase in flood heights or flood damages.
2. If the application is provisionally recommended for approval by the City
Engineer, the Administrator shall within five (5) business days submit two
(2) copies of the application and the City Engineer's report to the BCWMC,
allowing an interval of up to sixtyfefty-fi= e (604§) days for review and
comment. Another copy shall be submitted to the DNR Commissioner for
review and comment, with a minimum interval of ten (10) business days
being allowed for such review and comment in addition to any time
necessary for the actual transmittal of the application between offices.
3. After receiving the comments of both the DNR Commissioner and the
BCWMC, the Administrator shall route them, if necessary, back to the City
Engineer, who shall repeat as much of subparagraph 1 as necessary in
order to either deny the application or to recommend its approval. If the
application is recommended for approval by the City Engineer, then the
Administrator shall review the entire file for the application, including the
comments submitted by all reviewing parties, and shall prepare and issue
a permit containing all such conditions regulating the construction of the
proposed structure or obstruction as may be deemed necessary to carry
out the purposes of this Section. The permit shall be fully executed within
fifteen (15) business days of the receipt of the last set of comments or
recommendations. A copy of the approved special permit shall be
forwarded by mail to the DNR Commissioner within ten (10) days of
issuance.
4. If at any point in the application process the report of the City Engineer is
that the application must be denied, then the Administrator shall, within
five (5) business days of receiving the report of the City Engineer, prepare
and forward to the applicant a letter explaining that the application is
denied and outlining all reasons for the denial. Once an application has
been denied, it may not be resubmitted in substantially the same form for
a period of at least six (6) months following the date of the
Administrator's letter of explanation.
Subdivision 7. Variances; Board of Zoning Appeals
A. The Board of Zoning Appeals shall hear and decide all appeals where it is
alleged that there is an error in any order, requirement, decision or
determination made by an administrative officer in the enforcement of this
Section. The Board shall hear all such interpretive appeals and all appeals for
variances from the strict application of the terms of this Section in the same
manner and under the same standard as it hears and decides appeals under
Golden Valley City Code Page 13 of 25
§ 11.60
Section 11.90 of this Chapter, except as otherwise provided for herein.-T-hre
8ea-r,d-+-nwa-y--J,ss-u-e- v.-a-r-i-a-ric-e-s--to-4his Seetion w1hen all ef.-t.-he4e44ew-kig-,eenditions
are Wit-:
1. because ef the unique topography eF other conditiens of land invelved, a
liteFal applicatien of the PFOViSiORS hereof would ingpose un.e haidship,
-13, 2—. An-y varianceshall include conditions-are-attaehea that assure compliance
with the requirements of this Section insofar as practical".
-;-- --- o
-his c eel, observed;
3. the purpi: !n- EN91 Z !M -,inl, 'e"Iff 0 11Z
C. 4. theree is noNotwithstandina anything to the contrary in Section 11.90
of this-Chapterer-
avariance may not: (i) allow a use that is not allowed in the
Floodplain Management District; (ii) permit a lower degree of flood protection
than the regulatory flood protection elevation for the particular area; (iii)
permit standards lower than those required by state law- NO permit an
increase in the flood hazard or flood damage potential �-�v�
permit a lower degree of flood protection than the flood protection elevation
established by this Section-)-�--an-d; or (vi) be inconsistent with the_purpose
and intent of this Section.
D. S. The Notwlihsta ncling a nyth i ngin Section 11.90--of-thLis
,
Chapter, ff-or-anY-_v_ariance, the following additional variance criteria of the
Federal Emergency Management Agency (FEMA)-must-bsatisfied:
e
— -
1. Variances shall not be issued within any designated regulatory floodway if
any increase in flood levels during the base flood discharge would result.
2. Variances shall only be issued-by-a--eet �gity upon:
a. a showing of good and sufficient cause,
b. a determination that failure to grant the variance would result in
exceptional hardship to the applicant, and
c. a determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws or
ordinances.
3. Variances shall only be issued upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief.
Golden Valley City Code Page 14 of 25
§ 11.60
E. B.-App4c-at4iaRNotwithstandin-g anything to the contrary in Section 11.90 of
this Chapter, an application for variance shall be made to the Administrator
in the same manner as an application for a special permit under this Section,
and shall include the same required elements. The Administrator shall submit
a copy of the application for review to the BCWMC and the DNR
Commissioner within forty-five (45) days after receipt of the same from the
applicant. The report of the Administrator shall accompany said application
and shall include any other such data as the Administrator deems necessary
for a complete review. There shall be a minimum interval of ten (10) days
allowed for the review and comment by the DNR Commissioner, in addition
to any time necessary for the actual transmittal of the application between
offices, before the Board's hearing can take place.
F. G-:--The Board shall hear and decide upon the application in the same manner
it decides appeals under Section 11.90 of this Chapter. The Board shall take
no action in the appeal unless forty-five (45) days have elapsed from the
submission of the application to the BCWMC and the DNR Commissioner;
provided, however, that if reports or comments have been received from
both the BCWMC and the DNR Commissioner prior to the expiration of the
aforesaid forty-five (45) day period, then the Board is empowered to
thereupon act on said application prior to the end of said forty-five (45) day
period. The recommendations of the BCWMC and the DNR Commissioner, if
any, shall be appended to the application and the Administrator's report and
considered by the Board in making its judgment. No variance shall be
granted without full consideration of the standards, policies and purposes
expressed in this Section and Chapter. The decision of the Board shall be
subject to appeal to the Council in the same manner as other zoning appeals
according to Section 11.90 of this Chapter. A copy of all decisions granting
variances shall be forwarded by mail to the DNR Commissioner within ten
(10) days of such action.
G. D-.-Flood Insurance Notice and Record Keeping. The Administrator shall notify
the applicant for a variance that:
1. the issuance of a variance to construct a structure below the base flood
level will result in increased premium rates for flood insurance up to
amounts as high as twenty-five dollars ($25) for one hundred dollars
($100) of insurance coverage, and
2. such construction below the one hundred (100)-year or regional flood
level increases risks to life and property.
Such notification shall be maintained with a record of all variance actions. A
cemmunit The pity shall maintain a record of all variance actions, including
Golden Valley City Code Page 15 of 25
§ 11.60
justification for their issuance, and report such variances issued in its annual
or biennial report submitted to the Administrator of the National Flood
Insurance Program.
Subdivision 8. Lapse of Variance or Special Permit
If within one (1) year after the issuance or grant of a special permit or variance
under this Section, the owner or occupant shall not have substantially completed
the work authorized by such special permit or variance, then the special permit or
variance shall become null and void unless a petition for extension of time in which
to perform such work has been granted. Such petition to extend time shall be in
writing and filed with the Administrator more than twenty (20) days before the
expiration of one (1) year from the date the original special permit or variance was
issued or granted, shall state facts showing a good-faith attempt to use the special
permit or variance, and shall state the additional time requested to complete such
work. No such extension shall exceed one (1) year. Such petition, if it relates to a
variance, shall be considered in the same manner as the original request for
variance. If the petition relates to a special permit, it shall be heard and decided in
the same manner as the original petition for a special permit. In determining under
this Subdivision whether the petitioner has made a good-faith attempt to complete
such work, such factors as the design, size, expense and type of the proposed work
may be considered.
Subdivision 9. Certified Record Drawings
Upon completion of any work or project pursuant to a special permit or variance
granted in accordance with this Section, and prior to the use or occupancy of the
land or completion thereon of any obstruction permitted by the special permit or
variance, the applicant shall submit a certification, prepared by a licensed
professional engineer or land surveyor (as appropriate) that the permitted work,
including, but not limited to, finished fill and building floor elevations, flood
proofing, or other flood protection measures, has been completed in compliance
with the provisions of this Section and in compliance with conditions contained in
the special permit or variance. This certification shall include five (5) copies of
certified record drawings of the work completed. The certified record drawings shall
also be submitted in digital format compatible with the City's computer hardware
and software. The applicant shall be responsible for submitting an application for a
Letter of Map Amendment to the FEMA, including all costs associated with the
submittal.
Subdivision 10. Method for Determining Floodplain Boundary
Location
All decisions regarding the location of the Floodplain boundary will be based on
elevations of the regional one hundred (100)-year flood profile, the actual ground
elevations on the site and other available technical data. In all cases where
application is made pursuant to this Section for interpretation of the existing
Floodplain zoning elevations and determination of the exact boundaries of the
Golden Valley City Code Page 16 of 25
§ 11.60
Floodplain zone, as established by the Official Flood Zone Profile and Man and Flood
Insurance Rate Maps made a part hereof, the Administrator or a designated
technical advisor shall:
A. Obtain from the applicant, at the applicant's expense, a current survey of the
property in question, signed by a licensed land surveyor. The survey shall
show exact elevations of the property and, if applicable, exact locations and
elevations of any existing or proposed structures or obstructions.
B. Determine the Floodplain zone elevations from the Official Flood Zone Profile
and _Map_or information provided by the applicant, consistent with Subd. 6.B.
C. Land within the Floodplain zone but outside of the floodway shall be
considered flood fringe. The cost of such computation shall be reimbursed by
the applicant.
Subdivision 11. Non-Conforming Obstructions, Uses and Structures
Notwithstanding Section 11.90, Subdivision 2 of this Chapter (Non-
Conforming Uses), the following shall apply to all obstructions,
structures and uses within the Floodplain
A. Continuance. An obstruction or structure, or the use of a structure or
premises, which was lawful before the effective date of this Section, or the
effective date ofalicable_.amendments to this Sectio but which is not in
conformity with the provisions of this Section may be continued subject to
the following conditions:
1. No such obstruction, use or structure shall be replaced, expanded,
changed, enlarged, or altered in any way, nor shall any parcel of land be
redeveloped, without complying, in all respects, with this Section,
including, but not limited to, the obtaining of all required permits and
variances. Any alteration or addition to a non-conforming obstruction,
use, or structure shall be elevated on fill as specified in Subd. 11.D.1, or
adequately flood proofed to the RFPE. Flood proofing shall be done in
accordance with the FP-1 through FP-4 flood proofing classification of the
State Building Code as adopted by the City, provided the cost of the
alteration or addition does not exceed fifty percent (50%) of the market
value of the existing structure prior to the alteration or addition, unless
such alteration or addition includes the elevation on fill or adequate FP-1
or FP-2 flood proofing to the RFPE of the entire obstruction, use, or
structure; and unless all other requirements of this Subdivision are met.
2. If such use of such obstruction or structure, or use of such premises, is
discontinued for six (6) consecutive months, any subsequent use of the
obstruction, structure or premises shall comply, in all respects, with this
Golden Valley City Code Page 17 of 25
§ 11.60
Section, including, but not limited to, the obtaining of all required permits
and variances.
3. If any non-conforming obstruction or structure is destroyed or damaged
by any means, including floods, to the extent that the cost of repairing or
restoring such destruction or damage would be fifty percent (50%) or
more of the current market valuation then it shall not be reconstructed
except in full compliance, in all respects, not limited to, the obtaining of
all required permits and variances.
4. If a substantial improvement occurs,as de ned-iii-Sub d.3.0 o,=is
eFdinanc-e, from any combination of a building addition to the outside
dimensions of the existing building or a rehabilitation, reconstruction,
alteration, or other improvement to the inside dimensions of an existing
non-conforming building, then the building addition and the existing non-
conforming building must meet the requirements of Subd. 11 of this
Section.
B. Certification of Non-Conforming Uses. Upon application and submittal to the
Administrator of an appropriate certification by a licensed professional land
surveyor, the Administrator shall certify to the owners of properties whose
uses were lawful prior to the effective date of this Section, or.the effective.
date of applicable amendments to this_Section, that said properties, the uses
thereof and the structures thereon were and are a legal non-conforming use
which may be continued as specified in said certification and as permitted by
this Chapter.
C. Nuisances. Uses or adjuncts thereof which are or become public nuisances
shall not be entitled to continue as non-conforming uses.
D. Additional Standards for Floodplain Non-Conformities.
1. All new-s-ErueLures,-in-- devel-oiled or reconstructe
structures and additions to structures, that are not being flood proofed in
accordance with this Section, must be elevated on fill so that the lowest
floor, including basement floor, is at or above the RFPE. The finished fill
elevation for structures shall be no lower than one (1) foot below the
RFPE, and the fill shall extend at such elevation at least fifteen (15) feet
beyond the outside limits of the structure erected thereon.
2. The storage of any materials or equipment shall be located outside of the
floodway, and shall be elevated on fill to the RFPE.
Golden Valley City Code Page 18 of 25
§ 11.60
3. Alternative elevation methods other than the use of fill may be used to
elevate a structure's lowest floor above the RFPE. Use of these alternative
methods must receive written authorization from the Floodplain
Administrator and the City Engineer. These alternative methods may
include the use of stilts, pilings, parallel walls, etc., or above-grade,
enclosed areas such as crawl spaces or tuck under garages. The base or
floor of an enclosed area shall be considered above-grade and not a
structure's lowest floor if:
a. the enclosed area is above-grade on at least enetwo (12) side sides. of
the structure;
b. it is designed to internally flood and is constructed with flood-resistant
materials; and
c. it is used solely for parking of vehicles, building access or storage.
d. The above-noted alternative elevation methods are subject to the
following additional standards:
1) Design and certification. The structure's design and as-built
condition must be certified by a licensed professional engineer or
architect as being in compliance with the general design standards
of the State Building Code and, specifically, that all wiring, heating,
ventilation, plumbing and air conditioning equipment and other
service facilities must be at or above the RFPE, or be designed to
prevent flood water from entering or accumulating within the
components during times of flooding.
2) Specific standards for above-grade, enclosed areas - Above-grade,
fully enclosed areas such as crawl spaces or tuck under garages
must be designed to internally flood, and the design plans must
stipulate:
a) A minimum area of openings in the walls where internal flooding
is to be used as a flood proofing technique. There shall be a
minimum of two (2) openings on at least two (2) sides of the
structure, and the bottom of all openings shall be no higher than
one (1) foot above-grade. The automatic openings shall have a
minimum net area of not less than one (1) square inch for every
square foot subject to flooding unless a licensed professional
engineer or architect certifies that a smaller net area would
suffice. The automatic openings may be equipped with screens,
louvers, valves or other coverings or devices provided that they
Golden Valley City Code Page 19 of 25
§ 11.60
permit the automatic entry and exit of flood waters without any
form of human intervention; and,
b) The enclosed area will be designed of flood-resistant materials
in accordance with the FP-3 or FP-4 classifications in the State
Building Code, and shall be used solely for building access,
parking of vehicles or storage.
4. Basements, as defined by this Section, in residential structures, shall not
be allowed below the RFPE. Non-residential basements may be allowed
below the RFPE provided the basement is structurally dry flood proofed in
accordance with Subd. 11.D.76 of this Section.
5. All new principal structures must have vehicular access at or above an
elevation not more than two (2) feet below the RFPE. If a variance to this
requirement is granted, the City must specify limitations on the period of
use or occupancy of the structure for times of flooding, and only after
determining that adequate flood warning time and local flood emergency
response procedures exist.
6. M manufactured homes must be securely andhored to a feundation
sysIE-eng Ith, t resists flotation, eell-apse and lateral movement. Metheds e
aneh--Fi,ng may include, but are net limited 11-o' 11-he use of ever the-tepe�f
frame to greund anchors. This requirement is in addition to app4c�
state or le al andhel-ing Fequ,rements for resisting wi,nd forees.
6. AAs an alternative, all areas of-new--&f substantially improved non-
residential structures, including basements, to be placed below the RFPE
shall be flood proofed in accordance with structurally dry flood proofing
classifications in the State Building Code. Structurally dry flood proofing
must meet the FP-1 or FP-2 flood proofing classification in the State
Building Code, and this shall require making the structure watertight with
the walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and
hydrodynamic loads and the effects of buoyancy. Str-uet±rr-esNon-
residential structures flood proofed to the FP-3 or FP-4 classifications shall
not be permitted.
7. 8—. Commercial use. Accessory land uses, such as yards, railroad tracks
and parking lots, may be at elevations lower than the RFPE. However, a
permit for such facilities to be used by the employees or the general
public shall not be granted in the absence of a flood warning system that
provides adequate time for evacuation.
Golden Valley City Code Page 20 of 25
§ 11.60
8. 9 Manufacturing and industrial uses. Measures shall be undertaken to
minimize interference with normal plant operations, especially along
streams having protracted flood durations. Certain accessory land uses,
such as yards and parking lots, may be at lower elevations subject to
requirements set out in this Section.
campgrounds shall net be allewed within the Fleedplain-.-
Subdivision 12. Obstructions
A. The City shall have the right of reasonable entry upon lands in the Floodplain
for the purpose of ingress and egress to the Floodplain, and the beds, banks
and waters of the creeks, to remove any natural obstructions such as, but
not limited to, trees, debris, litter and silt.
B. It is unlawful for any person, without a special permit obtained pursuant to
this Section, to place any obstruction in Bassett Creek and its tributaries, to
obstruct the passage of watercraft or to interfere with the use by the public
of the beds, banks, waters or channels of said Creek, except obstructions
placed by the appropriate authority and used for Floodplain management, in
which case adequate provision shall be made for portaging and passage of
watercraft.
C. Any artificial obstruction of the beds, banks, waters or channels of Bassett
Creek or the Floodplain made subsequent to February 3, 1981, and without
first obtaining a special permit or variance therefore shall be removed by the
owner of the adjoining land within ten (10) days after mailing to such owner
of a demand to do so by the Administrator. If the owner shall fail or refuse to
remove the obstruction, within said time, or if the owner cannot be found or
determined, the City may remove such obstruction and the cost thereof shall
be paid by the owner on demand, or may be assessed against the land, and
collected in the same manner as prescribed by law for levying and collecting
special assessments for municipal improvements.
Subdivision 13. Unlawful Act
It is unlawful for any person to violate any provision of this Section or fail to comply
with any of its terms or requirements. Each day such violation continues shall be
considered a separate offense. Each obstruction or use placed or maintained in the
Floodplain in violation of this Section is hereby declared to be a public nuisance and
creation thereof may be enjoined and the maintenance thereof abated by
appropriate judicial action. Nothing herein contained shall prevent the City from
taking such other lawful action as is necessary to prevent, remedy or remove any
violation.
Golden Valley City Code Page 21 of 25
§ 11.60
Subdivision 14. Amendments
A. Complete documentation on any proposed amendments to this Section,
including amendments to the Official Flood Zone Profile and Mapand Flood
Insurance Rate Maps, must be submitted to the DNR Commissioner for
review and approval, with a minimum of ten (10) days being allowed for such
review in addition to any time necessary for the actual transmittal of the
documents between offices; no public hearing shall be held by the Council
with regard to the proposed amendment until the approval of the DNR
Commissioner is received. The BCWMC shall also be notified of any proposed
amendment to this Section at least thirty (30) days in advance of the
scheduled public hearing. Amendments that would affect the Floodplain
designation of any area must be approved by the FEMA before being adopted
by the City. With all of these additional requirements incorporated,
amendments to this Section shall be made in the manner provided for all
zoning amendments pursuant to this Chapter and in compliance with state
law.
B. There shall be no change made to the Official Flood Zone Profile and Man or
Flood Insurance Rate Maps that has the effect of removing or reducing the
Floodplain designation of any area unless it can be shown that the
designation is in error or that the area has been filled to or above the
elevation of the RFPE and is contiguous to lands outside of the Floodplain
above the RFPE. Special exceptions to this rule may be permitted by the DNR
Commissioner if it is determined that the area in question is adequately
protected by other measures. Changes affecting the Floodplain designation of
any area must also meet FEMA's Technical Conditions and Criteria.
Subdivision 15. Interpretation
In interpreting and applying the provisions of this Section, they shall be held to be
the minimum requirements for the promotion of the public health, safety,
prosperity and general welfare.
Subdivision 16 Abrogation and Greater Restrictions
It is not the intention of this Section to interfere with, abrogate or annul any
covenant or other City Code provision; provided, however, where this Section
imposes a greater restriction upon the use or improvement of any premises than
those imposed or required by other statutes, City Code provisions, rules,
regulations, or permits of the City, State or the BCWMC, or by covenants or
agreements, the provisions of this Section shall govern.
Subdivision .17. Warning and Disclaimer of Liability
This Section does not imply that areas outside the Floodplain or land uses or
obstructions permitted within the Floodplain will be free from flooding or flood
damages. This Section shall not create liability on the part of the City or any official
Golden Valley City Code Page 22 of 25
§ 11.60
or employee thereof for any flood damages that result from reliance on this Section
or any City action taken or administrative or Council decision lawfully made
hereunder.
Subdivision 18. Severability
If_ony sect on,._clause,.Prov s on_F_or..Do rt-i,.o n _of this ordina_nc_e_.s. ad u
unconstitutional or invalid by a court of law, the remainder of this ordinance shall
not be affected and shallremain in full force.
Subdivision .19. Subdivision of Land
A. InGeneral._-Recognizing that flood prone areas may exist outside of the
designated Floodplain Management District, the requirements of this
Subdi_v_is-ion._.and Section 4.31 Stormwater Management shall apply to_all land
within the Citv.
B. A.-Review Criteria. No land shall be subdivided which is unsuitable for the
reason of flooding, or inadequate drainage, water supply or sewage
treatment facilities. All lots within the Floodplain dist-f4c sManagement District
shall be able to contain a building site consistent with this Section at or
above the RFPE. All subdivisions shall have water and sewage treatment
facilities that comply with the provisions of this Section, and have road
access both to the subdivision and to the individual building sites no lower
than two (2) feet below the RFPE. For all subdivisions in the Floodplain, the
Floodway and Flood Fringe District boundaries, areas of allowable
encroachment for building sites in Zone A areas and Zone AE areas where a
floodway has not been designated, the RFPE and the required elevation of all
access roads shall be clearly labeled on all required subdivisions drawings
and platting documents.
C. 8—Encroachment Studies in Zone A Areas and Zone AE Areas Where a
Floodway Has Not Been Designated. In Zone A areas and Zone AE areas
where a floodway has not been designated, applicants shall provide the
information required in Subd. 6.B of this Section to determine the one
hundred (100)-year flood elevation, the areas suitable for encroachment for
building sites and the RFPE for the subdivision site.
D. C.....,-Removal of Special Flood Hazard Area Designation. FEMA has established
criteria for removing the special flood hazard area designation for certain
structures properly elevated on fill above the one hundred (100)-year flood
elevation. FEMA's requirements incorporate specific fill compaction and side
slope protection standards for multi-structure or multi-lot developments.
These standards should be investigated prior to the initiation of site
Golden Valley City Code Page 23 of 25
§ 11.60
preparation if a change of special flood hazard area designation will be
requested.
E. If a subdivision proposal or other proposed new development is in a flood
prone area, any such proposal must be reviewed to assure that
1. All such proposals are consistent with the need to minimize flood damage
within the flood prone area,
2. All public utilities and facilities, such as sewer, gas, electrical, and water
systems are located and constructed to minimize or eliminate flood
damage, and
3. Adequate drainage is provided to reduce exposure of flood hazard.
D—
F. Building Sites. If a proposed building site is in a flood prone area, all new
construction and substantial improvements must be:
1. Designed (or modified) and adequately anchored to prevent floatation,
collapse, or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy:
2 Constructed with materials and utility equipment resistant to flood
-
3. Constructed by methods and practices that minimize flood damage: and
4. Constructed with electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities that are designed
and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
Subdivision .20.. Additional Administrative Requirements
A. State and Federal Permits. Prior to granting a permit or processing an
application for a Conditional Use Permit (CUP) or variance, the Administrator
shall determine that the applicant has obtained all necessary state and
federal permits.
B. Certification. The applicant shall be required to submit certification by a
licensed professional engineer, architect or land surveyor that the finished fill
and building elevations were accomplished in compliance with the provisions
of this Section. Flood proofing measures shall be certified by a licensed
professional engineer or architect.
Golden Valley City Code Page 24 of 25
§ 11.60
C. Record of Fir-stLowest Floor Elevation. The Administrator shall maintain a
record of the elevation of the lowest floor (including basement) of all new
structures and alterations or additions to existing structures in the
Floodplain. The Administrator shall also maintain a record of the elevation to
which structures or alterations and additions to structures are flood proofed.
D. Notifications for Watercourse Alterations. The Administrator shall notify, in
riverine situations, adjacent communities and the Commissioner of the
Department of Natural Resources, prior to the erutC authorizing
any alteration or relocation of a watercourse. If the applicant has applied for
a permit to work in the beds of public waters pursuant to Minnesota Statute,
Chapter 103G, this shall suffice as adequate notice to the Commissioner of
Natural Resources. A copy of said notification shall also be submitted to the
Chicago Regional Office of FEMA. Applicant must maintain capacity for all
watercourse alterations.
E. Notification to FEMA when Physical Changes Increase or Decrease the
hundred (100) Year Flood Elevation. As soon as is practicable, but not later
than six (6) months after the date such supporting information becomes
available, the Administrator shall notify the Chicago Regional Office of FEMA
of the changes by submitting a copy of said technical or scientific
Golden Valley City Code Page 25 of 25
ORDINANCE NO. 614, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Section 11.60: Floodplain Management Zoning Overlay District
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Section 11.60: Floodplain Management Zoning Overlay District
is deleted in its entirety and replaced as follows:
Section 11.60: Floodplain Management Zoning Overlay District
Subdivision 1. Purpose
A. It is found and determined by the Council that the lands within the floodplains of
Bassett Creek and its tributaries are an invaluable land resource; that lands within
the Floodplain are or may be subject to loss or imprudent alteration through
uncoordinated and unplanned development; that the proper management of
development of such lands is essential to avoid rapid runoff of surface waters, to
preserve adequate ground water infiltration, to protect surface waters, to prevent
pollution of the City’s water bodies, to minimize periodic flooding resulting in loss of
life and property, to prevent interruption of governmental services and extraordinary
public expenditures, and to control runoff and impairment of the tax base, all of
which adversely affect the public health, safety and welfare; and that development
within the Floodplain must be regulated on the basis of and with proper
consideration of the impact on Bassett Creek and other water bodies in the City.
B. It is the purpose of this Section to guide and regulate the orderly development of
land within the Floodplain by establishing a system of management of the
Floodplain. It is further the intent of this Section to promote a uniform Floodplain
management program, consistent with the needs of individual cities having lands
within the Floodplain, to maximize the coordinated efforts of all members of the
Bassett Creek Water Management Commission (BCWMC) in Floodplain
management, and to secure for the benefit of the citizens of Golden Valley the
benefits of the National Flood Insurance Act of 1968 as amended.
C. This Section is enacted pursuant to Minnesota Statutes, Chapter 103F, and is in
conformance with the Management Plan for the BCWMC.
D. In addition to the foregoing, this ordinance is adopted to comply with the rules and
regulations of the National Flood Insurance Program, codified as 44 Code of Federal
Regulations Parts 59-78, as amended, so as to maintain the City’s eligibility in the
National Flood Insurance Program.
E. This ordinance is also intended to preserve the natural characteristics and functions
of watercourses and floodplains in order to moderate flood and stormwater impacts,
improve water quality, reduce soil erosion, protect aquatic and riparian habitat,
Ordinance No. 614 -2-October 5, 2016
provide recreational opportunities, provide aesthetic benefits and enhance
community and economic development.
Subdivision 2. District Established
A. This Section applies to all lands within the jurisdiction of the City shown on the
Official Zoning Map and/or the attachments to the map as being located within the
boundaries of the Floodplain, and such area shall be referred to as the “Floodplain
Management District”. The Floodplain Management District is an overlay district that
is superimposed on all existing zoning districts. The standards imposed in the
overlay district are in addition to any other requirements in this Chapter. In case of a
conflict between this Section and any other Section of the City Code, the more
restrictive standards will apply.
B. The Floodplain Management District includes those areas within Zone AE or Zone A
as shown on the Flood Insurance Rate Map adopted in Subd. 2.E.
C. Base Flood Elevations for regional flood events are determined by referencing the
Flood Insurance Study, referred to in Subd. 2.F below, and hydraulic models
developed and maintained by the BCWMC. This method of identifying flood hazard
areas is consistent with the standards established by the Minnesota Department of
Natural Resources.
D. Where a conflict exists between the Floodplain limits illustrated on the Official Zoning
Map and actual field conditions, the flood elevations shall be the governing factor.
The Administrator shall interpret the boundary location based on the ground
elevations that existed on the site on the date of the first National Flood Insurance
Program map showing the area within the regulatory floodplain, and other available
technical data.
E. The Official Flood Zone Profile and Map are hereby adopted by reference and made
a part of this Section. The profile and map are on file in the City's Physical
Development Department, and are open to inspection by the public during normal
business hours of the City.
F. The official boundaries of the Floodplain zone shall be determined on the basis of
the criteria set forth above. Copies of the Flood Insurance Rate Maps, adopted in
Subd. 2.E, indicating the location of the Floodplain zones, shall be on file in the City
offices for informational purposes. The following maps together with all attached
material are hereby adopted by reference and declared to be a part of the Official
Zoning Map and this Section. The attached material includes the Flood Insurance
Study for Hennepin County, Minnesota, and Incorporated Areas, dated November 4,
2016 and the Flood Insurance Rate Map panels enumerated below, dated
November 4, 2016, all prepared by the Federal Emergency Management Agency.
These materials are on file in the City's Physical Development Department.
Ordinance No. 614 -3-October 5, 2016
Effective Flood Insurance Rate Map panels:
27053C0194F
27053C0213F
27053C0214F
27053C0332F
27053C0351F
27053C0352F
27053C0354F
Subdivision 3. Definitions
The following terms, as used in this Section, shall have the meanings as stated, whether or
not capitalized:
A.Administrator:The City Manager or his/her designee, who in consultation with the
City Engineer, the technical advisors of the BCWMC, and other staff or outside
technical experts as necessary, shall be responsible for discharging the
administrative duties entailed by this Section.
B.Base Flood:The flood having a one percent chance of being equaled or exceeded
in any given year. This is the regulatory standard also referred to as the "100-year
flood." The base flood is the national standard used by the National Flood Insurance
Program (NFIP) and all Federal agencies for the purposes of requiring the purchase
of flood insurance and regulating new development. Base Flood Elevations (BFEs)
are typically shown on Flood Insurance Rate Maps (FIRMs).
C.Base Flood Elevation:The elevation of the Regional Flood. The term Base Flood
Elevation is used in the flood insurance survey.
D.Basement:Any area of a structure, including crawl spaces having its floor or base
subgrade (below ground level) on all four (4) sides, regardless of the depth of
excavation below ground level.
E.BCWMC:The Bassett Creek Watershed Management Commission.
F.Development: Any manmade change to improved or unimproved real estate,
including buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations, or storage of equipment or materials.
G.DNR Commissioner:The Commissioner of the Minnesota Department of Natural
Resources.
H.Fill:Any material or combination of materials used in filling.
I.Filling:The artificial depositing upon any parcel of property of any soil, rock, rubble,
mulch, vegetation or similar materials except for the depositing of any such materials
Ordinance No. 614 -4-October 5, 2016
in localized depressions for the sole purpose of landscaping, and except for the
deposition of top soil on any particular parcel for the sole purpose of either
gardening or landscaping. It shall be the duty of the Administrator to determine
whether such deposition of materials falls within one of the exceptions as outlined.
J.Flood Fringe:That portion of the Floodplain located outside of the floodway. The
flood fringe shall include those Zone AE areas outside of the floodway as shown on
the Flood Insurance Rate Map panels adopted in Subd. 2.E. For lakes, wetlands and
other basins that do not have a floodway delineated, the Flood Fringe also includes
those areas below the 1% annual chance (100-year) flood elevation but above the
ordinary high water level as defined in Minnesota Statutes, Section 103G.005,
subdivision 14. For those Zone A and Zone AE areas as shown on the Flood
Insurance Rate Map panels adopted in Subd. 2.E, where floodway/flood fringe
boundaries are not shown in Zone A or Zone AE, an applicant for a Special Permit in
the floodplain must meet the provisions of Subd. 4 of this ordinance.
K.Flood Insurance Rate Map (FIRM):An official map on which the Federal Insurance
Administrator has delineated both the special hazard areas and the risk premium
zones applicable to the City. A FIRM that has been made available digitally is called
a Digital Flood Insurance Rate Map (DFIRM)
L.Flood Prone Area:Any land susceptible to being inundated by water from any
source.
M.Flood Proofing:A combination of structural provisions, changes, or adjustments to
properties and structures subject to flooding, primarily for the reduction or elimination
of flood damages.
N.Floodplain:Those areas within the City which include the beds proper and the
areas adjoining Bassett Creek or its tributaries which have been or hereafter may be
covered by a regional flood. The Floodplain shall be further divided into the floodway
and the flood fringe.
O.Floodplain Management District: The district established by and defined in
Subdivision 2 of this Section.
P.Floodway:The channels of Bassett Creek and its tributaries plus those portions of
the Floodplain which are required to convey the regional flood discharge and store
the runoff from the regional flood. The floodway shall include those floodway areas
as shown on the Flood Insurance Rate Map panels adopted in Subd. 2.E. For those
Zone A and Zone AE areas as shown on the Flood Insurance Rate Map panels
adopted in Subd. 2.E, where the floodway/flood fringe boundaries are not shown, an
applicant for a Special Permit in the floodplain must meet the provisions of Subd. 4
of this ordinance.
Ordinance No. 614 -5-October 5, 2016
Q.Lowest Floor:The lowest floor on the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, used solely for parking of vehicles,
building access or storage in an area other than a basement area, is not considered
a building’s lowest floor; provided, that such enclosure is not built so as to render the
structure in violation of the applicable non-elevation design requirements of 44 Code
of Federal Regulations, Part 60.3.
R.New Construction:Structures, including additions and improvements for which the
start of construction commenced on or after the effective date of this Section, or the
effective date of applicable amendments to this Section.
S.Obstruction:Any storage or placement of material or equipment, any dam, wall,
wharf, embankment, levee, road, dike, pile, object, abutment, projection, excavation,
channel rectification, culvert, conduit, pipe, building, wire, fence, stockpile, refuse,
fill, deposit, clearing of trees or vegetation, structure or matter in, along, across, or
projecting, in whole or in part, into any Floodplain.
T.One Hundred Year Floodplain:Lands inundated by a regional flood.
U.Official Flood Zone Profile and Map:The collection of flood profiles contained in
the Flood Insurance Study, Volumes 1 of 2 and 2 of 2, Hennepin County, Minnesota,
all jurisdictions, dated November 4, 2016, including the Flood Insurance Rate Maps
for the City of Golden Valley, panels 27053C0194F, 27053C0213F, 27053C0214F,
27053C0332F, 27053C0351F, 27053C0352F and 27053C0354F, dated November
4, 2016.
V.Reach:A hydraulic engineering term used to describe a longitudinal segment of a
stream or river influenced by a natural or man-made obstruction. For example, the
segment of a stream or river between two (2) consecutive bridges would constitute a
reach.
W.Recreational Vehicle:A vehicle that is built on a single chassis, is four hundred
(400) square feet or less when measured at the largest horizontal projection, is
designed to be self-propelled or is permanently towable by a light-duty truck, and is
designed primarily not for use as a permanent dwelling, but as a temporary living
quarters for recreational, camping, travel or seasonal use. For the purposes of this
Section, the term recreational vehicle shall be synonymous with the term travel
trailer/travel vehicle.
X.Regional Flood:A flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be
expected to occur on an average frequency in the magnitude of the 1% chance or
100-year recurrence interval. Regional flood is synonymous with the term "base
flood" used in a flood insurance study.
Ordinance No. 614 -6-October 5, 2016
Y.Regulatory Flood Protection Elevation or RFPE:An elevation not less than two
(2) feet above the elevation of the regional flood. It is the elevation to which uses
regulated by this Section are required to be elevated or flood-proofed.
Z.Repetitive Loss:Flood related damages sustained by a structure on two separate
occasions during a ten year period for which the cost of repairs at the time of each
such flood event on the average equals or exceeds 25% of the market value of the
structure immediately before the damage occurred.
AA.Special Flood Hazard Area:A term used for flood insurance purposes synonymous
with “One Hundred Year Floodplain.”
BB.Special Permit.For the purposes of this Section, a City Stormwater Management
Permit meeting the requirements for a special permit under this Section and for a
permit under Section 4.31 of the City Code and, as may be required by the
Administrator, the approval of the BCWMC and DNR Commissioner.
CC.Structure:Anything that is built or constructed, an edifice or building of any kind, or
some piece of work artificially built up or composed of parts joined together in some
definite manner, whether of a temporary or permanent character.
DD.Substantial Damage:Damage of any origin sustained by a structure where the cost
of restoring the structure to its before damaged condition would equal or exceed fifty
percent (50%) of the market value of the structure immediately before the damage
occurred.
EE.Substantial Improvement:Within any consecutive three hundred sixty five (365)
day period, any reconstruction, rehabilitation (including normal maintenance and
repair), repair after damage, addition or other improvement of a structure, the cost of
which exceeds fifty percent (50%) of the market value of the structure immediately
before the “start of construction” of the improvement. This term includes structures
that have incurred “substantial damage,” regardless of the actual repair work
performed. The term does not, however, include either:
1. Any project for improvement of a structure to correct existing violations of state or
local health, sanitary or safety code specifications which have been identified by
the local code enforcement official, and which are the minimum necessary to
assure safe living conditions.
2. Any alteration of an “historic structure,” provided that the alteration will not
preclude the structure’s continued designation as an “historic structure.” For the
purposes of this ordinance, “historic structure” shall be as defined in Code of
Federal Regulations, Part 59.1.
Ordinance No. 614 -7-October 5, 2016
Subdivision 4. General Rules and Prohibitions Affecting Uses
A. No existing land use, obstruction, or structure within the Floodplain shall be altered
in size or scope, except in accordance with the provisions of this Section.
B. No temporary or permanent structure, dredge spoil site, sand and gravel operation,
fill for driveways, roads, levees or other purposes; and no deposit, obstruction, or
storage of material or equipment or other use shall be permitted, which acting alone
or in combination with existing or anticipated uses, would adversely affect the
efficiency or the capacity of the Floodplain or increase the Floodplain elevation or
flood damages.
C. In connection with any proposed activity or development, or placement of an
obstruction in the Floodplain, there must be no net loss in Floodplain storage and no
increase in Floodplain elevations, consistent with the BCWMC watershed
management plan and policies, as may be amended from time to time.
D. No use shall be permitted by right or by special permit unless the proposed use
conforms to the land use plans and underlying zoning requirements of the City and
the watershed management plan and goals and policies of the BCWMC.
E. Permit Required. A permit issued by the Administrator in conformity with the
provisions of this Section shall be secured prior to the erection, addition,
modification, rehabilitation (including normal maintenance and repair), or alteration
of any building, structure, or portion thereof; prior to the use or change of use of a
building, structure or land; prior to the construction of a dam or fence; prior to the
change, replacement or extension of a non-conforming use or non-conforming
structure; prior to the repair of a structure that has been damaged by flood, fire,
tornado or any other source; and prior to the placement of fill, excavation of
materials or the storage of materials or equipment within the Floodplain.
Subdivision 5. Uses Permitted by Right
A. Provided that such uses shall not adversely affect the efficiency or restrict the
capacity of the channels or floodways of any tributary to the main stream or other
drainage facility or system, the following uses are permitted in the Floodplain to the
extent that they are not prohibited by any other City Code provision and provided
they do not involve structures, fill, fences, dams, storage of materials or equipment.
1. Private and public open space or recreational uses, such as golf courses, tennis
courts, driving ranges, archery ranges, picnic grounds, boat launching ramps,
swimming areas, parks, wildlife habitat, trails, nature preserves and fishing areas.
2. Residential lawns, gardens, parking areas, and play areas.
3. Non-residential parking areas, provided the following provisions are met:
Ordinance No. 614 -8-October 5, 2016
a. Any facility that will be used by employees or the general public must be
designed with a flood warning system that provides adequate time for
evacuation if the area is inundated to a depth and velocity such that the depth
(in feet) multiplied by the velocity (in feet per second) would exceed a product
of four upon occurrence of the regional (1% chance) flood; and
b. Vegetated buffers meeting City requirements must be established around
wetlands, streams, and water bodies.
4. Signs and signals delineating or accessory to parks, trails and other permitted
uses as described above in this Subdivision.
5. Recreational vehicles are allowed on individual lots of record if they meet the
criteria listed in (a) through (c) immediately below, and provided further that there
will be no additions attached to the recreational vehicle, and no development
placed on the parcel of land that would hinder the removal of the recreational
vehicle from the site should flooding occur. The recreational vehicle must:
a. Have current licenses required for highway use
b. Be highway ready, meaning on wheels or the internal jacking system; be
attached to the site only by quick-disconnect type utilities commonly used in
campgrounds and recreational vehicle parks; and must not have any
permanent structural type additions attached to it.
c. Be permissible in any pre-existing, underlying zoning use district.
Subdivision 6. Special Permits
A. The following uses may be introduced into the Floodplain upon the issuance of a
special permit in accordance with the provisions of this Section:
1. Filling may be undertaken provided (i) that the filling is only in the flood fringe
portion of the Floodplain or in Zone A areas and Zone AE areas where a
floodway has not been designated on the Flood Insurance Rate Map, (ii) the
requirements of Subdivision 4 are met, and (iii) that:
a. All fill materials deposited or stored in the Floodplain shall be protected from
erosion by vegetative cover, mulching, riprap or other acceptable method,
consistent with and in compliance with Subd. 4 and Section 4.31, City Code.
All materials or equipment must be stored outside the floodway, but within the
flood fringe, and shall be elevated on fill to the RFPE.
b. Dredge spoil sites and sand and gravel operations shall not be allowed in the
floodway.
Ordinance No. 614 -9-October 5, 2016
2. Nonconformities that are in existence in the Floodplain on the effective date of
this Section, or the effective date of applicable amendments to this Section, may
be redeveloped, altered, enlarged, or reconstructed upon issuance of a special
permit, provided that the requirements of Subdivision 11 are met and the
structure either 1) is located in the flood fringe portion of the Floodplain; or 2) for
Zone A areas and Zone AE areas where a floodway has not been designated,
and is located in an area where any encroachment caused would be consistent
with the criteria in Subd. 4 of this Section. No permit shall be granted for the
redevelopment of a parcel of land or for the alteration (except by removal),
enlargement, replacement or reconstruction of any non-conforming structure or
obstruction within the floodway or Zone A or Zone AE areas where a floodway
has not been designated not meeting the criteria of Subd. 4.
3. Structural works for flood control such as dams, levees, dikes and floodwalls may
be erected consistent with the criteria in Subd. 4. The modification and additions
to such works shall assure that the work will provide a means of decreasing flood
damage potential in the area.
4. Public utilities, railroad tracks, streets and bridges may be located provided they
are designed to minimize impacts within the floodplain, and are compatible with
the Watershed Management Plan of the BCWMC. These uses can cause no
increase in stage to the one hundred (100)-year flood within the floodplain.
Protection to the RFPE shall be provided where failure or interruption of these
public facilities would endanger the public health or safety or where such facilities
are essential to the orderly functioning of the area. Where failure or interruption
of service would not endanger life or health, a lesser degree of protection may be
provided for minor or auxiliary roads, railroads or utilities.
5. All public utilities and facilities such as gas, electrical, sewer and water supply
systems to be located in the Floodplain shall be flood proofed in accordance with
the State Building Code or elevated to above the RFPE. New or replacement
utilities and facilities must be designed and constructed to minimize or eliminate
infiltration.
6. Any on-site water supply or sewage treatment system to be replaced in the
Floodplain must be connected to the municipal water supply and sewage
treatment system, respectively.
B. Applications for special permits shall be made to the Administrator by the owner of
the land involved. Five (5) copies of all submittal materials shall be provided. The
application shall be accompanied by a fee in an amount determined by ordinance of
the City Council, and shall include the following information:
1. When determined necessary by the Administrator, a report, prepared or signed
by a licensed professional engineer, detailing the results of computer modeling of
Ordinance No. 614 -10-October 5, 2016
the impact of the proposed structure or obstruction on the Floodplain. Information
that must be presented in this report shall include but not necessarily be limited
to: a statement of whether, and to what extent, the proposed structure or
obstruction lies within the flood fringe or floodway; a quantification of any
expected change in Floodplain elevations due to the proposed structure or
obstruction; a quantification of the expected impacts of any change in Floodplain
elevations on any upstream or adjacent property; and an explanation of any
alternative construction options that have been investigated. The computer
modeling shall assume that there will be an equal degree of encroachment on
both sides of the stream extending for a significant reach. The computer
modeling must be submitted in a format compatible with the hardware and
software used by the City.
2. Plans and specifications prepared by a Minnesota licensed professional land
surveyor or engineer, showing: the nature, location, dimensions, and elevation of
the lot or plot and existing and proposed structures or obstructions; the
relationship of the lot or plot and existing and proposed structures or obstructions
to the location of the channel; surface water drainage plans; cross-sections of the
Floodplain on both sides of the stream bed; and longitudinal profiles of the
stream bed at sufficient intervals to determine the impact of the proposed
structure or obstruction.
3. Plans and specifications prepared by a licensed professional architect or
engineer, showing: details of construction and materials, flood proofing, filling,
dredging, grading, channel improvement, storage of materials, water supply
(including withdrawal and discharge of ground and surface water), and sanitary
facilities.
4. Statement of the private and public benefits anticipated from the proposed
structure or obstruction, and any hardship that may be imposed if the application
is denied.
C. The review process shall consist of the following steps:
1. Upon receipt of a fully completed application, it shall be forwarded first to the City
Engineer. The City Engineer or a designated technical assistant shall be
responsible for analyzing the information submitted to determine whether the
subject property is located in the floodway or flood fringe or is consistent with
Subd. 4 of this Section. The City Engineer may recommend a provisional
approval to be finalized after review by the DNR Commissioner and the BCWMC,
may request additional information from the applicant in order to complete the
analysis, may request that the applicant modify the plans in order to achieve an
acceptable outcome, or may deny the application on the grounds of
unacceptable location or unacceptable increase in flood heights or flood
damages.
Ordinance No. 614 -11-October 5, 2016
2. If the application is provisionally recommended for approval by the City Engineer,
the Administrator shall within five (5) business days submit two (2) copies of the
application and the City Engineer's report to the BCWMC, allowing an interval of
up to sixty (60) days for review and comment. Another copy shall be submitted to
the DNR Commissioner for review and comment, with a minimum interval of ten
(10) business days being allowed for such review and comment in addition to any
time necessary for the actual transmittal of the application between offices.
3. After receiving the comments of both the DNR Commissioner and the BCWMC,
the Administrator shall route them, if necessary, back to the City Engineer, who
shall repeat as much of subparagraph 1 as necessary in order to either deny the
application or to recommend its approval. If the application is recommended for
approval by the City Engineer, then the Administrator shall review the entire file
for the application, including the comments submitted by all reviewing parties,
and shall prepare and issue a permit containing all such conditions regulating the
construction of the proposed structure or obstruction as may be deemed
necessary to carry out the purposes of this Section. The permit shall be fully
executed within fifteen (15) business days of the receipt of the last set of
comments or recommendations. A copy of the approved special permit shall be
forwarded by mail to the DNR Commissioner within ten (10) days of issuance.
4. If at any point in the application process the report of the City Engineer is that the
application must be denied, then the Administrator shall, within five (5) business
days of receiving the report of the City Engineer, prepare and forward to the
applicant a letter explaining that the application is denied and outlining all
reasons for the denial. Once an application has been denied, it may not be
resubmitted in substantially the same form for a period of at least six (6) months
following the date of the Administrator's letter of explanation.
Subdivision 7. Variances; Board of Zoning Appeals
A. The Board of Zoning Appeals shall hear and decide all appeals where it is alleged
that there is an error in any order, requirement, decision or determination made by
an administrative officer in the enforcement of this Section. The Board shall hear all
such interpretive appeals and all appeals for variances from the strict application of
the terms of this Section in the same manner and under the same standard as it
hears and decides appeals under Section 11.90 of this Chapter, except as otherwise
provided for herein.
B. Any variance shall include conditions that assure compliance with the requirements
of this Section insofar as practical.
C. Notwithstanding anything to the contrary in Section 11.90 of this Chapter, a variance
may not: (i) allow a use that is not allowed in the Floodplain Management District;
(ii) permit a lower degree of flood protection than the regulatory flood protection
elevation for the particular area; (iii) permit standards lower than those required by
Ordinance No. 614 -12-October 5, 2016
state law; (iv) permit an increase in the flood hazard or flood damage potential; (v)
permit a lower degree of flood protection than the flood protection elevation
established by this Section; or (vi) be inconsistent with the purpose and intent of this
Section.
D. Notwithstanding anything to the contrary in Section 11.90 of this Chapter, for any
variance, the following additional criteria of the Federal Emergency Management
Agency (FEMA) must be satisfied:
1. Variances shall not be issued within any designated regulatory floodway if any
increase in flood levels during the base flood discharge would result.
2. Variances shall only be issued upon:
a. a showing of good and sufficient cause,
b. a determination that failure to grant the variance would result in exceptional
hardship to the applicant, and
c. a determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public expense,
create nuisances, cause fraud on or victimization of the public, or conflict with
existing local laws or ordinances.
d. Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
E. Notwithstanding anything to the contrary in Section 11.90 of this Chapter, an
application for variance shall be made to the Administrator in the same manner as
an application for a special permit under this Section, and shall include the same
required elements. The Administrator shall submit a copy of the application for
review to the BCWMC and the DNR Commissioner within forty-five (45) days after
receipt of the same from the applicant. The report of the Administrator shall
accompany said application and shall include any other such data as the
Administrator deems necessary for a complete review. There shall be a minimum
interval of ten (10) days allowed for the review and comment by the DNR
Commissioner, in addition to any time necessary for the actual transmittal of the
application between offices, before the Board's hearing can take place.
F. The Board shall hear and decide upon the application in the same manner it decides
appeals under Section 11.90 of this Chapter. The Board shall take no action in the
appeal unless forty-five (45) days have elapsed from the submission of the
application to the BCWMC and the DNR Commissioner; provided, however, that if
reports or comments have been received from both the BCWMC and the DNR
Commissioner prior to the expiration of the aforesaid forty-five (45) day period, then
Ordinance No. 614 -13-October 5, 2016
the Board is empowered to thereupon act on said application prior to the end of said
forty-five (45) day period. The recommendations of the BCWMC and the DNR
Commissioner, if any, shall be appended to the application and the Administrator's
report and considered by the Board in making its judgment. No variance shall be
granted without full consideration of the standards, policies and purposes expressed
in this Section and Chapter. The decision of the Board shall be subject to appeal to
the Council in the same manner as other zoning appeals according to Section 11.90
of this Chapter. A copy of all decisions granting variances shall be forwarded by mail
to the DNR Commissioner within ten (10) days of such action.
G. Flood Insurance Notice and Record Keeping. The Administrator shall notify the
applicant for a variance that:
1. the issuance of a variance to construct a structure below the base flood level will
result in increased premium rates for flood insurance up to amounts as high as
twenty-five dollars ($25) for one hundred dollars ($100) of insurance coverage,
and
2. such construction below the one hundred (100)-year or regional flood level
increases risks to life and property.
Such notification shall be maintained with a record of all variance actions. The City shall
maintain a record of all variance actions, including justification for their issuance, and report
such variances issued in its annual or biennial report submitted to the Administrator of the
National Flood Insurance Program.
Subdivision 8. Lapse of Variance or Special Permit
If within one (1) year after the issuance or grant of a special permit or variance under this
Section, the owner or occupant shall not have substantially completed the work authorized
by such special permit or variance, then the special permit or variance shall become null
and void unless a petition for extension of time in which to perform such work has been
granted. Such petition to extend time shall be in writing and filed with the Administrator
more than twenty (20) days before the expiration of one (1) year from the date the original
special permit or variance was issued or granted, shall state facts showing a good-faith
attempt to use the special permit or variance, and shall state the additional time requested
to complete such work. No such extension shall exceed one (1) year. Such petition, if it
relates to a variance, shall be considered in the same manner as the original request for
variance. If the petition relates to a special permit, it shall be heard and decided in the
same manner as the original petition for a special permit. In determining under this
Subdivision whether the petitioner has made a good-faith attempt to complete such work,
such factors as the design, size, expense and type of the proposed work may be
considered.
Subdivision 9. Certified Record Drawings
Upon completion of any work or project pursuant to a special permit or variance granted in
accordance with this Section, and prior to the use or occupancy of the land or completion
Ordinance No. 614 -14-October 5, 2016
thereon of any obstruction permitted by the special permit or variance, the applicant shall
submit a certification, prepared by a licensed professional engineer or land surveyor (as
appropriate) that the permitted work, including, but not limited to, finished fill and building
floor elevations, flood proofing, or other flood protection measures, has been completed in
compliance with the provisions of this Section and in compliance with conditions contained
in the special permit or variance. This certification shall include five (5) copies of certified
record drawings of the work completed. The certified record drawings shall also be
submitted in digital format compatible with the City’s computer hardware and software. The
applicant shall be responsible for submitting an application for a Letter of Map Amendment
to the FEMA, including all costs associated with the submittal.
Subdivision 10. Method for Determining Floodplain Boundary Location
All decisions regarding the location of the Floodplain boundary will be based on elevations
of the regional one hundred (100)-year flood profile, the actual ground elevations on the
site and other available technical data. In all cases where application is made pursuant to
this Section for interpretation of the existing Floodplain zoning elevations and determination
of the exact boundaries of the Floodplain zone, as established by the Official Flood Zone
Profile and Map and Flood Insurance Rate Maps made a part hereof, the Administrator or a
designated technical advisor shall:
A. Obtain from the applicant, at the applicant's expense, a current survey of the
property in question, signed by a licensed land surveyor. The survey shall show
exact elevations of the property and, if applicable, exact locations and elevations of
any existing or proposed structures or obstructions.
B. Determine the Floodplain zone elevations from the Official Flood Zone Profile and
Map or information provided by the applicant, consistent with Subd. 6.B.
C. Land within the Floodplain zone but outside of the floodway shall be considered
flood fringe. The cost of such computation shall be reimbursed by the applicant.
Subdivision 11. Non-Conforming Obstructions, Uses and Structures Notwithstanding
Section 11.90, Subdivision 2 of this Chapter (Non-Conforming Uses), the following shall
apply to all obstructions, structures and uses within the Floodplain:
A. Continuance. An obstruction or structure, or the use of a structure or premises,
which was lawful before the effective date of this Section, or the effective date of
applicable amendments to this Section, but which is not in conformity with the
provisions of this Section may be continued subject to the following conditions:
1. No such obstruction, use or structure shall be replaced, expanded, changed,
enlarged, or altered in any way, nor shall any parcel of land be redeveloped,
without complying, in all respects, with this Section, including, but not limited to,
the obtaining of all required permits and variances. Any alteration or addition to a
non-conforming obstruction, use, or structure shall be elevated on fill as specified
in Subd. 11.D.1, or adequately flood proofed to the RFPE. Flood proofing shall
Ordinance No. 614 -15-October 5, 2016
be done in accordance with the FP-1 through FP-4 flood proofing classification of
the State Building Code as adopted by the City, provided the cost of the
alteration or addition does not exceed fifty percent (50%) of the market value of
the existing structure prior to the alteration or addition, unless such alteration or
addition includes the elevation on fill or adequate FP-1 or FP-2 flood proofing to
the RFPE of the entire obstruction, use, or structure; and unless all other
requirements of this Subdivision are met.
2. If such use of such obstruction or structure, or use of such premises, is
discontinued for six (6) consecutive months, any subsequent use of the
obstruction, structure or premises shall comply, in all respects, with this Section,
including, but not limited to, the obtaining of all required permits and variances.
3. If any non-conforming obstruction or structure is destroyed or damaged by any
means, including floods, to the extent that the cost of repairing or restoring such
destruction or damage would be fifty percent (50%) or more of the current market
valuation then it shall not be reconstructed except in full compliance, in all
respects, not limited to, the obtaining of all required permits and variances.
4. If a substantial improvement occurs from any combination of a building addition
to the outside dimensions of the existing building or a rehabilitation,
reconstruction, alteration, or other improvement to the inside dimensions of an
existing non-conforming building, then the building addition and the existing non-
conforming building must meet the requirements of Subd. 11 of this Section.
B. Certification of Non-Conforming Uses. Upon application and submittal to the
Administrator of an appropriate certification by a licensed professional land surveyor,
the Administrator shall certify to the owners of properties whose uses were lawful
prior to the effective date of this Section, or the effective date of applicable
amendments to this Section, that said properties, the uses thereof and the structures
thereon were and are a legal non-conforming use which may be continued as
specified in said certification and as permitted by this Chapter.
C. Nuisances. Uses or adjuncts thereof which are or become public nuisances shall not
be entitled to continue as non-conforming uses.
D. Additional Standards for Floodplain Non-Conformities.
1. All redeveloped or reconstructed structures and additions to structures, that are
not being flood proofed in accordance with this Section, must be elevated on fill
so that the lowest floor, including basement floor, is at or above the RFPE. The
finished fill elevation for structures shall be no lower than one (1) foot below the
RFPE, and the fill shall extend at such elevation at least fifteen (15) feet beyond
the outside limits of the structure erected thereon.
Ordinance No. 614 -16-October 5, 2016
2. The storage of any materials or equipment shall be located outside of the
floodway, and shall be elevated on fill to the RFPE.
3. Alternative elevation methods other than the use of fill may be used to elevate a
structure’s lowest floor above the RFPE. Use of these alternative methods must
receive written authorization from the Floodplain Administrator and the City
Engineer. These alternative methods may include the use of stilts, pilings,
parallel walls, etc., or above-grade, enclosed areas such as crawl spaces or tuck
under garages. The base or floor of an enclosed area shall be considered above-
grade and not a structure’s lowest floor if:
a. the enclosed area is above-grade on at least two (2) sides of the structure;
b. it is designed to internally flood and is constructed with flood-resistant
materials; and
c. it is used solely for parking of vehicles, building access or storage.
d. The above-noted alternative elevation methods are subject to the following
additional standards:
1) Design and certification. The structure’s design and as-built condition must
be certified by a licensed professional engineer or architect as being in
compliance with the general design standards of the State Building Code
and, specifically, that all wiring, heating, ventilation, plumbing and air
conditioning equipment and other service facilities must be at or above the
RFPE, or be designed to prevent flood water from entering or
accumulating within the components during times of flooding.
2) Specific standards for above-grade, enclosed areas - Above-grade, fully
enclosed areas such as crawl spaces or tuck under garages must be
designed to internally flood, and the design plans must stipulate:
a) A minimum area of openings in the walls where internal flooding is to
be used as a flood proofing technique. There shall be a minimum of
two (2) openings on at least two (2) sides of the structure, and the
bottom of all openings shall be no higher than one (1) foot above-
grade. The automatic openings shall have a minimum net area of not
less than one (1) square inch for every square foot subject to flooding
unless a licensed professional engineer or architect certifies that a
smaller net area would suffice. The automatic openings may be
equipped with screens, louvers, valves or other coverings or devices
provided that they permit the automatic entry and exit of flood waters
without any form of human intervention; and,
Ordinance No. 614 -17-October 5, 2016
b) The enclosed area will be designed of flood-resistant materials in
accordance with the FP-3 or FP-4 classifications in the State Building
Code, and shall be used solely for building access, parking of vehicles
or storage.
4. Basements, as defined by this Section, in residential structures, shall not be
allowed below the RFPE. Non-residential basements may be allowed below the
RFPE provided the basement is structurally dry flood proofed in accordance with
Subd. 11.D.6 of this Section.
5. All new principal structures must have vehicular access at or above an elevation
not more than two (2) feet below the RFPE. If a variance to this requirement is
granted, the City must specify limitations on the period of use or occupancy of
the structure for times of flooding, and only after determining that adequate flood
warning time and local flood emergency response procedures exist.
6. As an alternative, all areas of substantially improved non-residential structures,
including basements, to be placed below the RFPE shall be flood proofed in
accordance with structurally dry flood proofing classifications in the State Building
Code. Structurally dry flood proofing must meet the FP-1 or FP-2 flood proofing
classification in the State Building Code, and this shall require making the
structure watertight with the walls substantially impermeable to the passage of
water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and the effects of buoyancy. Non-residential
structures flood proofed to the FP-3 or FP-4 classifications shall not be permitted.
7. Commercial use. Accessory land uses, such as yards, railroad tracks and
parking lots, may be at elevations lower than the RFPE. However, a permit for
such facilities to be used by the employees or the general public shall not be
granted in the absence of a flood warning system that provides adequate time for
evacuation.
8. Manufacturing and industrial uses. Measures shall be undertaken to minimize
interference with normal plant operations, especially along streams having
protracted flood durations. Certain accessory land uses, such as yards and
parking lots, may be at lower elevations subject to requirements set out in this
Section.
Subdivision 12. Obstructions
A. The City shall have the right of reasonable entry upon lands in the Floodplain for the
purpose of ingress and egress to the Floodplain, and the beds, banks and waters of
the creeks, to remove any natural obstructions such as, but not limited to, trees,
debris, litter and silt.
Ordinance No. 614 -18-October 5, 2016
B. It is unlawful for any person, without a special permit obtained pursuant to this
Section, to place any obstruction in Bassett Creek and its tributaries, to obstruct the
passage of watercraft or to interfere with the use by the public of the beds, banks,
waters or channels of said Creek, except obstructions placed by the appropriate
authority and used for Floodplain management, in which case adequate provision
shall be made for portaging and passage of watercraft.
C. Any artificial obstruction of the beds, banks, waters or channels of Bassett Creek or
the Floodplain made subsequent to February 3, 1981, and without first obtaining a
special permit or variance therefore shall be removed by the owner of the adjoining
land within ten (10) days after mailing to such owner of a demand to do so by the
Administrator. If the owner shall fail or refuse to remove the obstruction, within said
time, or if the owner cannot be found or determined, the City may remove such
obstruction and the cost thereof shall be paid by the owner on demand, or may be
assessed against the land, and collected in the same manner as prescribed by law
for levying and collecting special assessments for municipal improvements.
Subdivision 13. Unlawful Act
It is unlawful for any person to violate any provision of this Section or fail to comply with any
of its terms or requirements. Each day such violation continues shall be considered a
separate offense. Each obstruction or use placed or maintained in the Floodplain in
violation of this Section is hereby declared to be a public nuisance and creation thereof
may be enjoined and the maintenance thereof abated by appropriate judicial action.
Nothing herein contained shall prevent the City from taking such other lawful action as is
necessary to prevent, remedy or remove any violation.
Subdivision 14. Amendments
A. Complete documentation on any proposed amendments to this Section, including
amendments to the Official Flood Zone Profile and Map and Flood Insurance Rate
Maps, must be submitted to the DNR Commissioner for review and approval, with a
minimum of ten (10) days being allowed for such review in addition to any time
necessary for the actual transmittal of the documents between offices; no public
hearing shall be held by the Council with regard to the proposed amendment until
the approval of the DNR Commissioner is received. The BCWMC shall also be
notified of any proposed amendment to this Section at least thirty (30) days in
advance of the scheduled public hearing. Amendments that would affect the
Floodplain designation of any area must be approved by the FEMA before being
adopted by the City. With all of these additional requirements incorporated,
amendments to this Section shall be made in the manner provided for all zoning
amendments pursuant to this Chapter and in compliance with state law.
B. There shall be no change made to the Official Flood Zone Profile and Map or Flood
Insurance Rate Maps that has the effect of removing or reducing the Floodplain
designation of any area unless it can be shown that the designation is in error or that
the area has been filled to or above the elevation of the RFPE and is contiguous to
Ordinance No. 614 -19-October 5, 2016
lands outside of the Floodplain above the RFPE. Special exceptions to this rule may
be permitted by the DNR Commissioner if it is determined that the area in question
is adequately protected by other measures. Changes affecting the Floodplain
designation of any area must also meet FEMA's Technical Conditions and Criteria.
Subdivision 15. Interpretation
In interpreting and applying the provisions of this Section, they shall be held to be the
minimum requirements for the promotion of the public health, safety, prosperity and general
welfare.
Subdivision 16. Abrogation and Greater Restrictions
It is not the intention of this Section to interfere with, abrogate or annul any covenant or
other City Code provision; provided, however, where this Section imposes a greater
restriction upon the use or improvement of any premises than those imposed or required by
other statutes, City Code provisions, rules, regulations, or permits of the City, State or the
BCWMC, or by covenants or agreements, the provisions of this Section shall govern.
Subdivision 17. Warning and Disclaimer of Liability
This Section does not imply that areas outside the Floodplain or land uses or obstructions
permitted within the Floodplain will be free from flooding or flood damages. This Section
shall not create liability on the part of the City or any official or employee thereof for any
flood damages that result from reliance on this Section or any City action taken or
administrative or Council decision lawfully made hereunder.
Subdivision 18. Severability.
If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or
invalid by a court of law, the remainder of this ordinance shall not be affected and shall
remain in full force.
Subdivision 19. Subdivision of Land
A. In General. Recognizing that flood prone areas may exist outside of the designated
Floodplain Management District, the requirements of this Subdivision and Section
4.31 Stormwater Management shall apply to all land within the City.
B. Review Criteria. No land shall be subdivided which is unsuitable for the reason of
flooding, or inadequate drainage, water supply or sewage treatment facilities. All lots
within the Floodplain Management District shall be able to contain a building site
consistent with this Section at or above the RFPE. All subdivisions shall have water
and sewage treatment facilities that comply with the provisions of this Section, and
have road access both to the subdivision and to the individual building sites no lower
than two (2) feet below the RFPE. For all subdivisions in the Floodplain, the
Floodway and Flood Fringe boundaries, areas of allowable encroachment for
building sites in Zone A areas and Zone AE areas where a floodway has not been
designated, the RFPE and the required elevation of all access roads shall be clearly
labeled on all required subdivisions drawings and platting documents.
Ordinance No. 614 -20-October 5, 2016
C. Encroachment Studies in Zone A Areas and Zone AE Areas Where a Floodway Has
Not Been Designated. In Zone A areas and Zone AE areas where a floodway has
not been designated, applicants shall provide the information required in Subd. 6.B
of this Section to determine the one hundred (100)-year flood elevation, the areas
suitable for encroachment for building sites and the RFPE for the subdivision site.
D. Removal of Special Flood Hazard Area Designation. FEMA has established criteria
for removing the special flood hazard area designation for certain structures properly
elevated on fill above the one hundred (100)-year flood elevation. FEMA’s
requirements incorporate specific fill compaction and side slope protection standards
for multi-structure or multi-lot developments. These standards should be investigated
prior to the initiation of site preparation if a change of special flood hazard area
designation will be requested.
E. If a subdivision proposal or other proposed new development is in a flood prone
area, any such proposal must be reviewed to assure that:
1. All such proposals are consistent with the need to minimize flood damage within
the flood prone area,
2. All public utilities and facilities, such as sewer, gas, electrical, and water systems
are located and constructed to minimize or eliminate flood damage, and
3. Adequate drainage is provided to reduce exposure of flood hazard.
F. Building Sites. If a proposed building site is in a flood prone area, all new
construction and substantial improvements must be:
1. Designed (or modified) and adequately anchored to prevent floatation, collapse,
or lateral movement of the structure resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy;
2. Constructed with materials and utility equipment resistant to flood damage;
3. Constructed by methods and practices that minimize flood damage; and
4. Constructed with electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities that are designed and/or located so as to
prevent water from entering or accumulating within the components during
conditions of flooding.
Subdivision 20. Additional Administrative Requirements
A. State and Federal Permits. Prior to granting a permit or processing an application for
a Conditional Use Permit (CUP) or variance, the Administrator shall determine that
the applicant has obtained all necessary state and federal permits.
Ordinance No. 614 -21-October 5, 2016
B. Certification. The applicant shall be required to submit certification by a licensed
professional engineer, architect or land surveyor that the finished fill and building
elevations were accomplished in compliance with the provisions of this Section.
Flood proofing measures shall be certified by a licensed professional engineer or
architect.
C. Record of Lowest Floor Elevation. The Administrator shall maintain a record of the
elevation of the lowest floor (including basement) of all new structures and
alterations or additions to existing structures in the Floodplain. The Administrator
shall also maintain a record of the elevation to which structures or alterations and
additions to structures are flood proofed.
D. Notifications for Watercourse Alterations. The Administrator shall notify, in riverine
situations, adjacent communities and the Commissioner of the Department of
Natural Resources, prior to the City authorizing any alteration or relocation of a
watercourse. If the applicant has applied for a permit to work in the beds of public
waters pursuant to Minnesota Statute, Chapter 103G, this shall suffice as adequate
notice to the Commissioner of Natural Resources. A copy of said notification shall
also be submitted to the Chicago Regional Office of FEMA. Applicant must maintain
capacity for all watercourse alterations.
E. Notification to FEMA when Physical Changes Increase or Decrease the hundred
(100) Year Flood Elevation. As soon as is practicable, but not later than six (6)
months after the date such supporting information becomes available, the
Administrator shall notify the Chicago Regional Office of FEMA of the changes by
submitting a copy of said technical or scientific data.
Section 2. City Code Chapter 1 entitled “General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99
entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
Section 3. This Ordinance shall take effect from and after its passage and
publication as required by law.
Adopted by the City Council this 5th day of October, 2016.
/s/Shepard M. Harris
Shepard M. Harris, Mayor
ATTEST:
/s/Kristine A. Luedke
Kristine A. Luedke, City Clerk
SUMMARY OF
ORDINANCE NO. 614, 2
ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Section 11.60 Floodplain Management Zoning Overlay District
This is a summary of the provisions of the above Ordinance which has been approved
for publication by the City Council.
This ordinance amends Section 11.60 Floodplain Management Zoning Overlay District
of the Golden Valley City Code to incorporate the Federal Emergency Management
Agency’s updated Flood Insurance Study and Flood Insurance Rate Maps, add or
modify definitions as required by the Minnesota Department of Natural Resources, and
modify general rules and regulations for consistency with the Bassett Creek Watershed
Management Commission’s Watershed Management Plan. This ordinance shall take
effect upon publication.
A copy of the full text of this ordinance is available from the City Clerk’s Office.
Adopted by the City Council this 5
th day of October, 2016.
/s/Shepard M. Harris
Shepard M. Harris, Mayor
ATTEST:
/s/Kristine A. Luedke
Kristine A. Luedke, City Clerk
Executive Summary For Action
Golden Valley City Council Meeting
October 5, 2016
Agenda Item
4. B. Public Hearing - Special Assessments -2016 Delinquent Utility Bills
Prepared By
Sue Virnig, Finance Director
Summary
The following resolution needs to be approved for certification of special assessments for
delinquent utility bills.
Attachments
•List of delinquent utility bills for certification (8 pages)
•Resolution Adopting and Confirming Assessments for Delinquent Utility Billing (2 pages)
Recommended Action
Motion to adopt Resolution Adopting and Confirming Assessments for Delinquent Utility Billing.
PID SERVICE ADDRESS TOTAL PAYMENTS BALANCE
0411721220018 325 BRUNSWICK AVE S
1,390.28 1,390.28
0411721220056 110 KING CREEK RD 1,119.63 1,119.63
0411721220173 6015 GLENWOOD AVE
101.14 (101.14)0.00
0511721110032 6515 CORTLAWN CIR S 1,256.82 (300.00)956.82
0511721120032 155 LOUISIANA AVE S
1,472.53 1,472.53
0511721210020 170 OREGON AVE S 1,655.81 1,655.81
0511721210057 150 LOUISIANA AVE S
1,100.17 1,100.17
0511721210067 170 MARYLAND AVE S 372.84 372.84
0511721210088 305 PENNSYLVANIA AVE S 62.69 (62.69)0.00
0511721210088 345 PENNSYLVANIA AVE S 1,009.43 (1,009.43)0.00
0511721220071 75 RHODE ISLAND AVE S
537.27 (537.27)0.00
0511721230011 820 RHODE ISLAND AVE S
677.55 677.55
0511721230069 1050 RHODE ISLAND AVE S
952.57 952.57
0611721110064 43 WESTERN TER 1,393.24 1,393.24
0611721110076 401 UTAH AVE S
70.86 70.86
0611721140042 805 HANLEY RD 1,558.89 1,558.89
0611721140043 855 HANLEY RD
155.64 (155.64)0.00
0702924130012 4301 ADELL AVE N 110.10 110.10
0702924130032 3324 LEE AVE N
195.58 (195.58)0.00
0702924130034 3332 LEE AVE N 526.64 526.64
0702924240001 3365 QUAIL AVE N
356.61 356.61
0702924240005 3338 REGENT AVE N 1,169.50 1,169.50
0702924240007 5001 34TH AVE N
1,021.57 1,021.57
0702924240013 4820 LOWRY TER 50.00 (50.00)0.00
0702924240037 3341 NOBLE AVE N
75.00 (75.00)0.00
0702924240067 4807 33RD AVE N 754.60 754.60
0702924240091 3312 REGENT AVE N
1,548.07 1,548.07
0702924240093 3220 REGENT AVE N 658.51 658.51
0702924310035 2925 ORCHARD AVE N 856.20 856.20
0702924310037 2901 ORCHARD AVE N 1,580.00 1,580.00
0702924310042 2940 PERRY AVE N
953.80 953.80
0702924310043 2942 PERRY AVE N 1,411.60 1,411.60
0702924310047 3026 PERRY AVE N
1,561.57 1,561.57
0702924310050 2925 PERRY AVE N 2,649.74 (2,649.74)0.00
0702924310059 2937 CHEROKEE PL
1,117.23 (1,117.23)0.00
0702924310082 3101 ORCHARD AVE N 1,251.52 1,251.52
0702924310121 3125 PERRY AVE N
52.00 52.00
0702924310122 3142 PERRY AVE N 178.14 178.14
0702924320006 2912 REGENT AVE N
1,034.81 1,034.81
0702924320037 5320 TRITON DR 1,061.20 1,061.20
0702924320053 2905 REGENT AVE N
525.67 (525.67)0.00
0702924330056 5325 CULVER RD
977.44 977.44
0702924340026 2775 QUAIL AVE N
1,229.64 1,229.64
0702924340029 2745 QUAIL AVE N 1,390.15 1,390.15
CITY OF GOLDEN VALLEY
2016 DELINQUENT UTILITIES
LEVY 19381
PID SERVICE ADDRESS TOTAL PAYMENTS BALANCE
0702924340097 4901 CULVER RD
221.50 221.50
0702924420005 3049 JUNE AVE N 142.31 (142.31)0.00
0702924420009 3001 JUNE AVE N
145.50 145.50
0702924420017 3134 KYLE AVE N 93.02 93.02
0702924420024 2924 KYLE AVE N
586.48 (143.17)443.31
0702924420039 3100 LEE AVE N 1,178.02 1,178.02
0702924420084 3025 MAJOR AVE N
653.10 (353.10)300.00
0702924420085 3017 MAJOR AVE N 965.39 965.39
0702924420095 2945 MAJOR AVE N
1,121.72 1,121.72
0702924430010 2720 KYLE AVE N 995.38 995.38
0702924430039 2836 NOBLE AVE N
166.88 166.88
0702924430045 2731 MAJOR AVE N 3,022.06 3,022.06
0702924430094 4521 CULVER RD
1,223.24 1,223.24
1702924210003 3100 MANOR DR 361.07 361.07
1702924210051 2506 MERIDIAN DR
1,138.03 1,138.03
1702924210076 3400 MANOR DR
741.94 741.94
1702924220049 3524 MANOR DR
940.69 940.69
1702924220056 3801 26TH AVE N 140.03 140.03
1702924220060 2515 MCNAIR DR
1,441.69 1,441.69
1702924220066 2413 MCNAIR DR 1,349.41 1,349.41
1702924220072 2420 BYRD AVE N
1,714.71 1,714.71
1702924230010 3840 BASSETT CREEK DR 207.05 207.05
1702924240006 2225 XERXES AVE N
189.97 (189.97)0.00
1702924240022 1911 XERXES AVE N 309.65 309.65
1702924240032 1922 GLENWOOD PKWY
345.10 345.10
1702924240033 1918 GLENWOOD PKWY 828.79 828.79
1702924240038 3026 GOLDEN VALLEY RD
1,466.25 1,466.25
1702924240040 3016 GOLDEN VALLEY RD 1,270.84 1,270.84
1702924240047 3115 GOLDEN VALLEY RD
559.06 559.06
1702924310003 1701 XERXES AVE N 108.54 108.54
1702924310012 1814 YORK AVE N
1,723.84 1,723.84
1702924310018 1700 YORK AVE N 80.82 80.82
1702924310020 1703 YORK AVE N 182.66 182.66
1702924310021 1705 YORK AVE N 182.66 182.66
1702924310022 1709 YORK AVE N
182.66 182.66
1702924310023 1717 YORK AVE N 867.29 867.29
1702924310032 1806 ZEPHYR PL
227.12 227.12
1702924310033 1800 ZEPHYR PL 229.54 229.54
1702924310037 1635 XERXES AVE N
262.78 262.78
1702924310054 1831 XERXES AVE N 2,016.63 2,016.63
1802924110011 2311 INDIANA AVE N
1,099.84 1,099.84
1802924110037 2565 KEWANEE WAY 457.65 457.65
1802924120013 4523 HAMPTON RD
124.22 124.22
1802924120013 4523 HAMPTON RD 153.51 153.51
1802924130049 2140 SPRUCE TR
964.58 964.58
1802924140036 4040 WASATCH LN
1,148.52 1,148.52
1802924140065 2211 LEGEND DR
1,475.10 1,475.10
1802924210010 2540 PERRY AVE N 696.04 (696.04)0.00
PID SERVICE ADDRESS TOTAL PAYMENTS BALANCE
1802924210019 4950 BASSETT CREEK DR
899.41 899.41
1802924210024 2540 QUAIL AVE N 1,119.62 1,119.62
1802924220184 2225 REGENT AVE N
2,438.64 2,438.64
1802924230006 2001 REGENT AVE N 256.04 (256.04)0.00
1802924230028 5401 MINNAQUA DR
247.10 247.10
1802924230052 2040 UNITY AVE N 1,109.21 1,109.21
1802924230057 2205 UNITY AVE N
42.74 42.74
1802924240007 4740 GOLDEN VALLEY RD 1,341.21 1,341.21
1802924240033 4955 WESTBEND RD
142.28 142.28
1802924240033 4955 WESTBEND RD 166.01 166.01
1802924240074 2142 PERRY AVE N
1,399.38 1,399.38
1802924240088 2120 WINDSOR WAY 883.11 883.11
1802924310005 1900 REGENT AVE N
625.20 625.20
1802924310006 5000 GOLDEN VALLEY RD 873.49 873.49
1802924310064 4941 SAINT CROIX AVE N
1,154.24 1,154.24
1802924320023 5328 SAINT CROIX AVE N
279.00 (50.61)228.39
1802924320033 5020 SAINT CROIX AVE N
179.85 179.85
1802924320033 0001 NOBLE DR N 83.48 (83.48)0.00
1802924440080 1425 WATERFORD DR
285.92 285.92
1902924220011 1130 WILLS PL 992.39 (992.39)0.00
1902924220055 1130 UNITY AVE N
747.89 747.89
1902924220073 1220 LILAC DR N 623.25 623.25
1902924320031 516 CLOVER LN
597.88 597.88
1902924410071 400 MEADOW LN N 1,011.96 1,011.96
1902924410141 325 FRANCE AVE N
266.98 266.98
1902924420042 328 BURNTSIDE DR 1,318.50 1,318.50
1902924430026 221 WESTWOOD DR N
90.34 90.34
1902924430056 100 ARDMORE DR 698.01 698.01
1902924440045 200 SUNNYRIDGE LN
814.25 (814.25)0.00
1902924440058 234 SUNNYRIDGE LN 304.39 304.39
2811821210047 2345 VALE CREST RD
1,430.71 1,430.71
2811821210074 2260 WINFIELD AVE 1,011.96 1,011.96
2811821210081 2480 WINFIELD AVE 710.63 710.63
2811821220043 2565 LAMPLIGHTER LN 170.64 170.64
2811821220062 2415 BRUNSWICK AVE N
412.82 (125.00)287.82
2811821220090 2415 MANCHESTER DR 1,262.69 1,262.69
2811821220093 2422 DOUGLAS DR N
223.11 223.11
2811821230019 1970 ADAIR AVE N 706.54 706.54
2811821230051 2150 DOUGLAS DR N
598.43 598.43
2811821240015 5825 WESTBROOK RD 591.48 591.48
2811821320032 5925 DULUTH ST
658.91 658.91
2811821320033 6121 SAINT CROIX AVE N 1,147.30 1,147.30
2811821320039 6020 WOLFBERRY LN
1,103.46 1,103.46
2811821320044 6055 WOLFBERRY LN 1,099.11 1,099.11
2811821320051 6050 SAINT CROIX AVE N
929.25 929.25
2811821320066 6120 SAINT CROIX AVE N
1,141.45 1,141.45
2811821330009 1375 OAK GROVE CIR
2,328.71 2,328.71
2811821330018 1520 CONSTANCE DR W 593.21 (593.21)0.00
PID SERVICE ADDRESS TOTAL PAYMENTS BALANCE
2811821330019 1530 CONSTANCE DR W
88.69 (88.69)0.00
2811821340020 1435 XENIA AVE N 871.84 871.84
2811821340028 5840 GOLDEN VALLEY RD
268.40 (268.40)0.00
2811821340040 1608 WELCOME AVE N 880.45 (880.45)0.00
2811821340051 1325 WELCOME AVE N
1,022.13 1,022.13
2811821340067 1437 XENIA AVE N 1,115.02 1,115.02
2811821340070 5732 GOLDEN VALLEY RD
545.91 545.91
2911821110008 2505 FLORIDA AVE N 1,396.34 1,396.34
2911821110020 2429 DOUGLAS DR N
90.48 90.48
2911821110024 6327 MEDICINE LAKE RD 248.85 (248.85)0.00
2911821120008 6825 SANDBURG LA
878.61 878.61
2911821120044 6839 MEDICINE LAKE RD 211.08 (211.08)0.00
2911821220014 2430 WINNETKA AVE N
60.42 60.42
2911821230017 2021 PENNSYLVANIA AVE N 921.30 921.30
2911821230030 2001 QUEBEC AVE N
1,182.04 1,182.04
2911821230037 2000 RHODE ISLAND AVE N
326.13 (326.13)0.00
2911821230053 2021 SUMTER AVE N
1,207.42 1,207.42
2911821230055 1941 SUMTER AVE N 1,169.18 1,169.18
2911821230076 7833 23RD AVE N
1,083.04 1,083.04
2911821240036 2015 KELLY DR 501.99 501.99
2911821310008 1801 MARYLAND AVE N
552.57 552.57
2911821310016 1796 MARYLAND AVE N 620.08 620.08
2911821310032 7205 GREEN VALLEY RD
903.31 903.31
2911821320015 1720 WINNETKA AVE N 1,207.26 1,207.26
2911821320025 1621 RHODE ISLAND AVE N
3,206.18 3,206.18
2911821320050 1566 RHODE ISLAND AVE N 961.27 961.27
2911821320088 1560 WINNETKA AVE N
384.60 384.60
2911821330011 7551 OLYMPIA ST 57.16 57.16
2911821330038 1517 SUMTER AVE N
1,158.34 1,158.34
2911821330075 1438 RHODE ISLAND AVE N 1,467.19 1,467.19
2911821330098 7613 KNOLL ST
1,793.94 1,793.94
2911821330102 7705 KNOLL ST 446.82 446.82
2911821330122 1516 SUMTER AVE N 152.83 152.83
2911821340074 1435 LOUISIANA AVE N 1,491.68 1,491.68
2911821410012 1625 FLORIDA AVE N
1,080.79 1,080.79
2911821420031 1885 HAMPSHIRE LN N 69.08 (69.08)0.00
2911821420037 7080 GREEN VALLEY RD
1,166.94 1,166.94
2911821430010 7035 OLYMPIA ST 1,186.35 1,186.35
2911821430019 6817 OLYMPIA ST
197.37 197.37
2911821430030 6834 WINSDALE ST 283.11 283.11
2911821430041 1430 LOUISIANA AVE N
1,432.67 1,432.67
2911821430073 7054 KNOLL ST 703.07 (150.00)553.07
2911821430091 6738 PLYMOUTH AVE N
89.15 (89.15)0.00
2911821430113 6909 OLYMPIA ST 954.72 (954.72)0.00
2911821440022 6525 OLYMPIA ST
1,046.14 1,046.14
2911821440073 6508 KNOLL ST
892.27 892.27
2911821440087 1336 FLORIDA AVE N
880.83 880.83
2911821440088 1320 FLORIDA AVE N 845.62 845.62
PID SERVICE ADDRESS TOTAL PAYMENTS BALANCE
2911821440125 6528 WINSDALE ST
967.44 967.44
3002924110014 4253 GLENWOOD AVE 163.78 163.78
3002924120018 4521 WESTWOOD LA
888.86 888.86
3002924120050 213 WESTWOOD DR S 1,575.73 1,575.73
3002924130015 4508 SUNSET RIDGE
444.50 444.50
3002924130016 4520 SUNSET RIDGE 52.72 52.72
3002924140021 808 MEADOW LN S
1,003.63 (500.00)503.63
3002924210016 518 NATCHEZ AVE S 712.73 (712.73)0.00
3002924210020 400 NATCHEZ AVE S
1,820.36 1,820.36
3002924210050 5030 COLONIAL DR 509.83 (125.00)384.83
3002924220001 15 TURNPIKE RD
1,925.63 1,925.63
3002924220011 30029 VACANT LAND 166.00 166.00
3002924220021 501 TURNPIKE RD
912.79 912.79
3002924220050 301 TURNPIKE RD 408.40 (408.40)0.00
3002924220054 109 TURNPIKE RD
1,187.48 1,187.48
3002924220085 5160 COLONIAL DR
1,024.14 1,024.14
3002924230053 5201 CIRCLE DOWN
264.81 264.81
3002924310025 1525 PRINCETON AVE S 2,219.59 2,219.59
3002924310026 1515 PRINCETON AVE S
1,166.44 1,166.44
3002924310035 1500 HIGHWAY 100 S 179.15 179.15
3002924410047 1323 JUNE AVE S
783.25 783.25
3002924410084 1504 TYROL TRL 136.90 136.90
3002924410086 1300 FRANCE AVE S
1,020.22 (1,020.22)0.00
3002924420074 4520 DOUGLAS AVE 1,683.08 1,683.08
3011821110004 2415 WINNETKA AVE N
197.05 (197.05)0.00
3011821110013 2445 VALDERS AVE N 1,141.76 (1,141.76)0.00
3011821110017 2440 BIES DR
392.28 392.28
3011821110024 8040 WYNNWOOD RD 971.29 971.29
3011821110028 2445 ORKLA DR
608.19 (608.19)0.00
3011821110042 2360 ORKLA DR 1,381.72 1,381.72
3011821110047 2365 BIES DR
720.94 720.94
3011821110063 8155 WYNNWOOD RD 1,528.80 1,528.80
3011821110085 8181 MEDICINE LAKE RD 691.05 691.05
3011821120006 8555 MEDICINE LAKE RD 921.63 921.63
3011821120045 2340 AQUILA AVE N
253.95 253.95
3011821120052 2365 ZEALAND AVE N 65.17 (40.00)25.17
3011821140006 2041 WINNETKA AVE N
1,069.80 1,069.80
3011821140019 8201 WESTBEND RD 1,110.62 1,110.62
3011821140042 7901 23RD AVE N
170.21 170.21
3011821140057 2130 VALDERS AVE N 1,292.62 1,292.62
3011821140060 2135 VALDERS AVE N
1,269.40 1,269.40
3011821140073 8225 23RD AVE N 45.58 45.58
3011821140085 2155 ORKLA DR
840.15 840.15
3011821140091 2150 ORKLA DR 1,602.45 1,602.45
3011821210018 2545 CAVELL AVE N
188.00 (188.00)0.00
3011821220038 2226 MAYFAIR RD
1,295.40 1,295.40
3011821220045 2228 KINGS VALLEY RD E
908.63 908.63
3011821220049 2220 KINGS VALLEY RD E 1,116.99 1,116.99
PID SERVICE ADDRESS TOTAL PAYMENTS BALANCE
3011821220097 2460 MENDELSSOHN LN
520.23 520.23
3011821220118 2454 MENDELSSOHN LN 205.55 205.55
3011821230006 2116 MARQUIS RD
454.98 454.98
3011821230017 2119 MARQUIS RD 838.67 838.67
3011821230018 2205 KINGS VALLEY RD E
1,438.36 1,438.36
3011821230020 2209 KINGS VALLEY RD E 643.14 643.14
3011821230035 2101 KINGS VALLEY RD W
1,448.36 1,448.36
3011821230054 2111 KINGS VALLEY RD 275.41 (275.41)0.00
3011821230055 2113 KINGS VALLEY RD
199.13 199.13
3011821230068 2141 TAMARIN TR 1,162.78 1,162.78
3011821230071 2100 TAMARIN TR
947.49 947.49
3011821230074 2106 TAMARIN TR 1,045.91 1,045.91
3011821230076 2110 TAMARIN TR
335.56 335.56
3011821230082 2138 TAMARIN TR 827.26 827.26
3011821230088 2129 TAMARIN TR
1,049.49 1,049.49
3011821230102 2101 TAMARIN TR
2,440.44 2,440.44
3011821230104 2202 TAMARIN TR
60.35 60.35
3011821230110 2203 STRODEN CIR 1,029.66 1,029.66
3011821230131 1912 GETTYSBURG AVE N
993.83 993.83
3011821230132 1916 GETTYSBURG AVE N 1,154.41 1,154.41
3011821230139 2013 GETTYSBURG AVE N
934.87 934.87
3011821230146 9200 EARL ST 771.05 771.05
3011821230149 1908 HILLSBORO AVE N
802.89 802.89
3011821230152 2004 HILLSBORO AVE N 1,280.92 1,280.92
3011821230162 1905 HILLSBORO AVE N
789.41 789.41
3011821230165 1902 INDEPENDENCE AVE N 602.42 602.42
3011821230191 2135 TAMARIN TR
875.07 875.07
3011821240039 8945 ELGIN PL 127.20 127.20
3011821320034 1816 INDEPENDENCE AVE N
97.35 (97.35)0.00
3011821320034 1816 INDEPENDENCE AVE N 369.82 (369.82)0.00
3011821320041 1621 FLAG AVE N
747.12 747.12
3011821320066 9200 OLYMPIA ST 802.40 802.40
3011821320076 1633 HILLSBORO AVE N 1,070.18 1,070.18
3011821320078 1625 HILLSBORO AVE N 344.68 344.68
3011821320090 1620 INDEPENDENCE AVE N
1,151.77 1,151.77
3011821320096 1625 INDEPENDENCE AVE N 1,924.43 1,924.43
3011821320110 1628 MENDELSSOHN AVE N
724.28 724.28
3011821320123 1715 GETTYSBURG CT 750.81 750.81
3011821320138 9110 NAPER ST
1,641.32 1,641.32
3011821320139 9100 NAPER ST 2,140.06 2,140.06
3011821330030 1524 INDEPENDENCE AVE N
980.46 980.46
3011821330036 1517 INDEPENDENCE AVE N 799.56 799.56
3011821330074 1316 INDEPENDENCE AVE N
682.71 682.71
3011821330083 1405 GETTYSBURG AVE N 1,065.21 1,065.21
3011821330086 1321 GETTYSBURG AVE N
92.13 92.13
3011821330105 1325 FLAG AVE N
1,627.31 1,627.31
3011821330116 1316 GETTYSBURG AVE N
577.74 577.74
3011821330128 1520 INDEPENDENCE AVE N 859.20 859.20
PID SERVICE ADDRESS TOTAL PAYMENTS BALANCE
3011821410009 8001 WESLEY DR
1,477.98 1,477.98
3011821410013 1512 ORKLA DR 639.55 639.55
3011821410033 1721 VALDERS AVE N
266.18 (266.18)0.00
3011821410065 8210 JULIANNE TER 274.97 (274.97)0.00
3011821410077 1821 WINNETKA AVE N
842.84 842.84
3011821410085 7900 WESLEY DR 1,155.56 1,155.56
3011821420057 8525 PATSY LN
1,116.01 1,116.01
3011821420061 8530 JULIANNE TER 5,088.43 5,088.43
3011821420081 1865 AQUILA AVE N
115.20 115.20
3011821430016 1517 ZEALAND AVE N 1,220.71 1,220.71
3011821430044 1512 BOONE AVE N
52.00 52.00
3011821430076 1315 MANDAN AVE N 1,465.07 1,465.07
3011821430087 1350 BOONE AVE N
688.96 688.96
3111821110014 1120 ORKLA DR 1,048.97 1,048.97
3111821110015 1124 ORKLA DR
943.02 943.02
3111821110030 1031 WINNETKA AVE N
193.85 (193.85)0.00
3111821110033 1010 ORKLA DR
159.98 159.98
3111821110045 1001 ORKLA DR 216.65 216.65
3111821110050 1037 ORKLA DR
518.31 518.31
3111821110065 1101 ORKLA DR 994.16 994.16
3111821310005 423 DECATUR AVE N
45.00 45.00
3111821310029 339 ENSIGN AVE N 1,180.65 1,180.65
3111821310031 347 ENSIGN AVE N
1,176.36 1,176.36
3111821310046 400 DECATUR AVE N 980.70 980.70
3211821110012 6424 PHOENIX ST
799.86 799.86
3211821110018 6620 PHOENIX ST 857.06 857.06
3211821110038 6712 GOLDEN VALLEY RD
1,184.81 1,184.81
3211821110045 1227 HAMPSHIRE AVE N 762.49 762.49
3211821110047 6500 PHOENIX ST
1,782.67 1,782.67
3211821120018 1231 HAMPSHIRE AVE N 614.78 614.78
3211821220016 7701 PLYMOUTH AVE N
327.59 327.59
3211821220046 1224 RHODE ISLAND AVE N 1,055.79 1,055.79
3211821220053 1116 QUEBEC AVE N 1,147.40 1,147.40
3211821220062 1042 QUEBEC AVE N 424.29 424.29
3211821220071 1028 RHODE ISLAND AVE N
533.48 533.48
3211821220074 1035 RHODE ISLAND AVE N 784.87 784.87
3211821220078 1013 RHODE ISLAND AVE N
432.74 432.74
3211821220095 1025 SUMTER AVE N 769.12 769.12
3211821220104 1020 WINNETKA AVE N
1,156.93 1,156.93
3211821310009 7430 HAROLD AVE 231.31 231.31
3211821310036 521 KELLY DR
506.11 506.11
3211821320017 440 WINNETKA AVE N 999.50 999.50
3211821340019 7440 RIDGEWAY RD
322.93 322.93
3211821410008 6489 WESTCHESTER CIR 388.08 388.08
3211821410014 6400 WESTCHESTER CIR
866.24 866.24
3211821420010 525 JERSEY AVE N
480.57 480.57
3211821420046 6810 KINGSTON CIR
3,031.69 3,031.69
3211821420069 350 IDAHO AVE N 820.08 820.08
PID SERVICE ADDRESS TOTAL PAYMENTS BALANCE
3211821430020 6940 WESTERN AVE
1,011.30 1,011.30
3211821430032 6741 GLENWOOD AVE 280.02 280.02
3211821440024 125 EDGEWOOD AVE N
1,143.29 1,143.29
3211821440070 6500 WESTERN AVE 1,589.98 1,589.98
3311821210035 1105 WELCOME CIR
44.38 (44.38)0.00
3311821210040 5615 PHOENIX ST 219.61 (219.61)0.00
3311821310035 5615 WOODSTOCK AVE
145.51 145.51
3311821330049 5924 GLENWOOD AVE 175.20 (132.00)43.20
280,755.28 (21,320.43)259,434.85
Resolution 16-59 October 5, 2016
Member introduced the following resolution and moved its adoption:
RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS
FOR DELINQUENT GOLDEN VALLEY UTILITY BILLING
1. The amount proper and necessary to be specially assessed at this time for
various public improvements:
Project Years Interest Rate First Year Levy Total Assessed
2016
Delinquent
Utility Billing
1 5%2017 $280,755.28
against every assessable lot, piece, or parcel of land affected thereby has been duly
calculated upon the basis of benefits, without regard to cash valuation, in accordance with
the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published, as
required by law that this Council would meet to hear, consider and pass upon all objections,
if any, and said proposed assessment has at all time since its filing been open for public
inspection and an opportunity has been given to all interested persons to present their
objections if any, to such proposed assessments.
2. This Council, having heard and considered all objections so presented, finds that
each of the lots, pieces and parcels of land enumerated in the proposed assessment was
and is specially benefited by the construction of said improvement in not less than the
amount of the assessment set opposite the description of each such lot, piece and parcel of
land respectively, and such amount so set out is hereby levied against each of the
respective lots, pieces and parcels of land therein described.
3. The proposed assessments are hereby adopted and confirmed as the proper
assessments for each of said lots, pieces and parcels of land respectively, and the
assessment against each parcel, together with interest at the rate of five (5) percent per
annum accruing on the full amount thereof unpaid, shall be a lien concurrent with general
taxes upon parcel and all thereof. The total amount of each such assessment not prepaid
shall be payable in equal annual principal installments extending over a period of years, as
indicated in each case. The first of said installments, together with interest on the entire
assessment for the period of January 1, 2017 through December 31, 2017, will be payable
with property taxes collectible in 2017.
4. Prior to certification of the assessment to the County Auditor, the owner of any
lot, piece or parcel of land assessed hereby may at any time pay the whole such
assessment , with interest to the date of payment, to the City Treasurer, but no interest
shall be charged if such payment is made by November 15, 2016.
Resolution No. 16-59 -2-October 5, 2016
5. The City Clerk shall, as soon as may be, prepare and transmit to the County
Auditor a certified duplicate of the assessment roll, with each installment and interest on
each unpaid assessment set forth separately, to be extended upon the proper tax lists of
the County and the County Auditor shall thereafter collect said assessment in the manner
provided by law.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Kristine A. Luedke, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
Executive Summary For Action
Golden Valley City Council Meeting
October 5, 2016
Agenda Item
4. C. Public Hearing - Special Assessments -2016 Miscellaneous Charges
Prepared By
Sue Virnig, Finance Director
Summary
The following resolution needs to be approved for certification of special assessments for
miscellaneous charges.
Attachments
•List of miscellaneous charges for certification (1 page)
•Resolution Adopting and Confirming Assessments for Miscellaneous Charges (2 pages)
Recommended Action
Motion to adopt Resolution Adopting and Confirming Assessments for Miscellaneous Charges.
PID PROPERTY ADDRESS TOTAL CERTIFIED
05-117-21-23-0055 840 PENNSYLVANIA AVE S 566.38
17-029-24-24-0033 1918 GLENWOOD PARKWAY 130.00
18-029-24-24-0033 4955 WESTBEND 834.56
18-029-24-41-0074 1705 BRIDGEWATER RD 280.00
18-029-24-41-0075 1725 BRIDGEWATER RD 597.66
19-029-24-41-0068 312 MEADOW LN 432.28
29-118-21-23-0061 2000 WINNETKA AVE N 130.00
29-118-21-31-0008 1801 MARYLAND AVE N 2,175.50
29-118-21-32-0015 1720 WINNETKA 880.00
29-118-21-34-0098 1510 KELLY DR 130.00
30-029-24-31-0025 1525 PRINCETON AVE S 2,108.45
30-118-21-23-0166 1904 INDEPENDENCE AVE N 1,303.89
30-118-21-32-0066 9200 OLYMPIA ST 130.00
30-118-21-32-0139 9100 NAPER ST 130.00
30-118-21-41-0069 8120 JULIANNE TER 1,380.00
32-118-21-43-0046 110 IDAHO AVE N 280.00
11,488.72
CITY OF GOLDEN VALLEY
2016 MISCELLANEOUS CERTIFICATION
LEVY 19382
Resolution 16-60 October 5, 2016
Member introduced the following resolution and moved its adoption:
RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS
FOR MISCELLANEOUS CHARGES
(WEEDS, FALSE ALARMS, ADMINISTRATIVE CITATIONS, ETC)
1. The amount proper and necessary to be specially assessed at this time for
various public improvements:
Project Years Interest Rate First Year Levy Total Assessed
2016
Miscellaneous
Charges
1 5%2017 $11,488.72
against every assessable lot, piece, or parcel of land affected thereby has been duly
calculated upon the basis of benefits, without regard to cash valuation, in accordance with
the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published, as
required by law that this Council would meet to hear, consider and pass upon all objections,
if any, and said proposed assessment has at all time since its filing been open for public
inspection and an opportunity has been given to all interested persons to present their
objections if any, to such proposed assessments.
2. This Council, having heard and considered all objections so presented, finds that
each of the lots, pieces and parcels of land enumerated in the proposed assessment was
and is specially benefited by the construction of said improvement in not less than the
amount of the assessment set opposite the description of each such lot, piece and parcel of
land respectively, and such amount so set out is hereby levied against each of the
respective lots, pieces and parcels of land therein described.
3. The proposed assessments are hereby adopted and confirmed as the proper
assessments for each of said lots, pieces and parcels of land respectively, and the
assessment against each parcel, together with interest at the rate of five (5) percent per
annum accruing on the full amount thereof unpaid, shall be a lien concurrent with general
taxes upon parcel and all thereof. The total amount of each such assessment not prepaid
shall be payable in equal annual principal installments extending over a period of years, as
indicated in each case. The first of said installments, together with interest on the entire
assessment for the period of January 1, 2017 through December 31, 2017, will be payable
with property taxes collectible in 2017.
4. Prior to certification of the assessment to the County Auditor, the owner of any
lot, piece or parcel of land assessed hereby may at any time pay the whole such
assessment, with interest to the date of payment, to the City Treasurer, but no interest shall
be charged if such payment is made by November 15, 2016.
Resolution 16-60 -2-October 5, 2016
5. The City Clerk shall, as soon as may be, prepare and transmit to the County
Auditor a certified duplicate of the assessment roll, with each installment and interest on
each unpaid assessment set forth separately, to be extended upon the proper tax lists of
the County and the County Auditor shall thereafter collect said assessment in the manner
provided by law.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Kristine A. Luedke, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
Executive Summary For Action
Golden Valley City Council Meeting
October 5, 2016
Agenda Item
6. A. Authorize the City to enter into a Shared Services Agreement with the City of St. Louis Park
for Central Park West PUD
Prepared By
Emily Goellner, Associate Planner/Grant Writer
Summary
In August 2015, the City of St. Louis Park and City of Golden Valley entered into a Shared Services
Agreement to address permitting, plan review, and inspections for the 100-unit residential
building and parking ramp within the Central Park West PUD that straddle the municipal
boundary. At the time, it was not anticipated that any portion of the office building would be
located in Golden Valley. However, the site plans approved by both City Councils on August 16,
2016 show a portion of the office building, skyway, and loading dock area in Golden Valley. In
order for St. Louis Park to issue a building permit for the office building, a new or updated
agreement is required. An agreement has been drafted and it includes the same revenue sharing
formula that is found in the Shared Services Agreement that was executed in 2015. A Shared
Services Agreement allows the cities to provide municipal services with less administrative
complications and stronger customer service.
Terms of Agreements
•St. Louis Park has issued a building permit for the Residential Building on Lot 1 and shared
revenue with Golden Valley
•St. Louis Park will conduct inspections on the Office Building (including skyway and
loading dock area) on Lot 2
•Golden Valley will still conduct inspections on the Parking Ramp on Lot 2
•1 Building Permit and 1 Certificate of Occupancy will be issued for each building
•Both cities will enforce Minnesota State Building and Fire Codes
•Revenue is collected based on building valuation and shared between Cities based on
formula established in original agreement
•All records are kept and shared by both cities
Attachments
•Shared Services Agreement (10 pages)
•Executed Shared Services Agreement, signed by City of Golden Valley and City of St. Louis
Park, dated August 19, 2015 (12 pages)
Recommended Action
Motion to authorize the City to enter into a Shared Services Agreement with the City of St. Louis
Park.
SHARED SERVICES AGREEMENT
(Central Park West—Office/Skyway/Loading Dock)
This Shared Services Agreement (this "Agreement") is made this _ day of
, 2016, by and between the CITY OF ST. LOUIS PARK, a Minnesota municipal
corporation, ("St. Louis Park") and the CITY OF GOLDEN VALLEY, a Minnesota municipal
corporation, ("Golden Valley").
RECITALS
A. Minn. Stat. § 471.59 et seq. authorizes cities to enter into agreements to share
services.
B. St. Louis Park and Golden Valley each approved a planned unit development, as
amended from time to time (collectively, the "PUDs") with respect the real property legally
described on Exhibit A attached hereto (the "Office & Ramp Parcel").
C. The Office & Ramp Parcel is partly within the jurisdiction of St. Louis Park and
partly within the jurisdiction of Golden Valley.
D. The owner of the Office & Ramp Parcel (the "Owner") intends to construct an
office tower (the "Office Tower") and multi-level parking structure (the "Parking Ramp") and
related improvements on the Office & Ramp Parcel, in accordance with the PUDs.
E. As approved in the PUDs, the portion of the Office & Ramp Parcel on which the
Office Tower will be located is entirely within the jurisdiction of St. Louis Park.
F. As approved in the PUDs, the portion of the Office & Ramp Parcel on which the
Parking Ramp will be located is partly within the jurisdiction of St. Louis Park and partly within
the jurisdiction of Golden Valley.
G. The parties entered into a Share Services Agreement dated August 19, 2015
("Existing Shared Services Agreement"), regarding, among other things, the inspection and
permitting of construction, maintenance and other certain regulated activities with respect to
Parking Ramp.
H. Subsequent to the Existing Shared Services Agreement, the PUDs were amended
to allow the Owner to construct a loading dock area and skyway facility located between and
connecting the Office Tower and the Parking Ramp as shown in the amended plans for the PUDs
(collectively, the "Additional Facilities"), with such Additional Facilities located in the area
labelled as the "Loading Dock" on the site plan attached as Exhibit B hereto.
I. As contemplated in the PUDs, a portion of the Additional Facilities will be
located within the jurisdiction of St. Louis Park (the "SLP Part of the Additional Facilities")
and the remaining portion will be located within the jurisdiction of Golden Valley (the "GV Part
of the Additional Facilities").
J. The final plans for the Additional Facilities remain subject to the review and
approval of St. Louis Park and Golden Valley, in accordance with their respective city codes.
K. The site plan attached as Exhibit B attached hereto shows the Office & Ramp
Parcel, the expected location of the Office Tower, the Parking Ramp and Additional Facilities,
and the jurisdictional boundary line between St. Louis Park and Golden Valley.
L. St. Louis Park and Golden Valley have the common power to administer and
enforce state-wide codes applicable to the construction, demolition, replacement, repair,
installation, or maintenance of buildings, structures and related improvements, including without
limitation the Minnesota State Building Code and the Minnesota State Fire Code (collectively,
the "State Codes").
M. The fee schedules under the parties' respective city codes impose or require
substantially similar fee and charge amounts in connection with the administration and
enforcement of the State Codes.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS,
THE PARTIES AGREE AS FOLLOWS:
1. Purpose. The purpose of this Agreement is to increase the efficiency of the parties'
inspection and permitting of construction, maintenance and other certain regulated
activities that Owner will engage in with respect to the Additional Facilities.
2. Additional Facilities.
A. Administration and Enforcement of State Codes.
(i) With respect to the SLP Part of the Additional Facilities, St. Louis Park
shall exercise its powers to administer and enforce the State Codes
applicable to the construction and maintenance of the Additional
Facilities.
(ii) With respect to the GV Part of the Additional Facilities, St. Louis Park
shall exercise on behalf of Golden Valley their common powers to
administer and enforce the State Codes to the same kind and extent St.
Louis Park applies such codes to the SLP Part of the Additional Facilities.
(iii) Pursuant to the foregoing, permit(s) and certificate(s) of occupancy that
apply to or include the Additional Facilities shall be issued by St. Louis
Park, and St. Louis Park shall be responsible for all inspections and
enforcement activities related to the State Codes applicable to the
Additional Facilities. It being the intent of the parties that the Owner need
only coordinate with St. Louis Park for such permits and certificates of
occupancy for the Additional Facilities.
(iv) Notwithstanding anything to the contrary herein, Golden Valley shall have
(a) the right to perform a final walk-through inspection of the Additional
Facilities prior to the issuance of any certificate of occupancy therefor;
and (b) full access to (and copies of, if requested) all records related to St.
Louis Park's administration and enforcement of the State Codes with
respect to the Additional Facilities, including, to the extent applicable,
electronic access to such records.
B. Fees. Any fees, charges or surcharges (including without limitation building
permit fees, building plan review fees, electrical permit fees, mechanical permit
2
fees, plumbing permit fees, and fire permit fees) imposed or required under the
parties' respective city codes with respect to the administration and enforcement
of the State Codes for the development and maintenance of the Additional
Facilities and the Office Tower (collectively, "Fees") shall be imposed, collected
and allocated as follows:
(i) To the extent the St. Louis Park City Code imposes or requires Fees, St.
Louis Park shall impose or require therewith Fees for the entire Additional
Facilities (i.e., both the SLP Part of the Additional Facilities and the GV
Part of the Additional Facilities) in accordance with the fee schedule of the
St. Louis Park City Code, and such fees shall be collected by St. Louis
Park.
(ii) Any Fees collected by St. Louis Park shall be allocated among the parties
as follows:
a. All collected Fees shall belong to St. Louis Park, except GV's
Share which shall belong to Golden Valley.
b. As used herein the term "GV's Share" shall mean the product of
the following formula to the extent such product exceeds $500.00:
The amount of Fees received by St. Louis Park, multiplied
by 0.7%, multiplied by 25%.
c. St. Louis Park shall be responsible for calculating GV's Share and
shall do so for each Business Day it receives one or more payments
of Fees. St. Louis Park's determination of GV's Share shall be
subject to Golden Valley review and approval. For purposes of
applying the foregoing formula, the "amount of Fees received by
St. Louis Park" shall be determined separately for each Business
Day on which Fees are received by St. Louis Park. It being the
intent of the parties to avoid the administrative cost of processing
the payment of GV's Share with respect to relatively small
amounts of Fees received by St. Louis Park; provided that whether
Golden Valley is entitled to any share of Fees shall not impair
Golden Valley's rights under Section 2.A(iv) above. As used
herein the term, "Business Day" shall mean any day Monday
through Friday on which the governmental offices of the parties
are open for normal business.
d. Pursuant to the foregoing, if GV's Share is less than $500.00 on
any Business Day, no payment of Fees collected on that Business
Day shall be made to Golden Valley.
e. If pursuant to the foregoing Golden Valley is to receive any Fees,
St. Louis Park shall pay such amount to Golden Valley within
thirty (30) days of its receipt of such Fees and shall provide to
Golden Valley with such payment documentation evidencing the
total amount of Fees received by St. Louis Park on the applicable
Business Day and the calculation of GV's Share with respect to
such fees received.
3
f. The foregoing 0.7% figure represents the percentage of the
Additional Facility and Office Tower Floor Area that will lie
within Golden Valley's jurisdiction, according to the plans
approved in the PUDs. As used herein, the term "Additional
Facility and Office Tower Floor Area" refers to the total
combined gross floor area of the Additional Facilities and the
Office Tower, according to the PUDs.
(iii) To the extent St. Louis Park's imposition or requirement of any Fees is
based on a valuation of the Office Tower and Additional Facilities set
forth in a permit application, prior to approving such application, St. Louis
Park shall provide Golden Valley a copy of the application and any
documentation it obtains or receives in connection with such valuation.
Within ten (10) Business Days of its receipt of the application and such
documentation, Golden Valley shall indicate to St. Louis Park whether it
agrees or disagrees with the valuation, and if it disagrees the basis for such
disagreement. In the event Golden Valley disagrees with the valuation,
the parties shall cooperate with the property owner to agree upon an
acceptable valuation prior to proceeding with the application.
(iv) To the extent a party performs an inspection of the Additional Facilities
pursuant to its city code or this Agreement and under that party's city code
a separate fee is imposed for such inspection, the foregoing shall not
prevent such party from charging, collecting and retaining such inspection
fee in its entirety.
(v) Except as provided herein, Golden Valley shall not impose or require the
payment of any Fees.
3. Mutual Aid for Public Safety. This Agreement shall not modify or amend any other
agreements between the parties, or to which the parties are a party, regarding fire, police
and other emergency services.
4. Workers Compensation Claims. It is agreed that any and all employees of St. Louis
Park and Golden Valley and all other persons engaged by each respective party in the
performance of any work or services required or provided as contemplated by this
Agreement shall not be considered employees of the other party, and that any and all
claims that may or might arise under worker's compensation laws or unemployment
compensation laws on behalf of said employees while so engaged and any and all claims
made by any third parties as a consequence of any act or omission on the part of said
employees while so engaged on any of the work or services provided as contemplated by
this Agreement shall in no way be the obligation or responsibility of the other party.
5. Retained Authority. Except to the extent expressly provided herein, this Agreement
shall not otherwise alter the municipal powers of the parties.
6. Term. This Agreement may be terminated by either party upon six (6) months advance
written notice to the other party.
7. Amendments. This Agreement may be amended at any time by agreement of the parties.
4
8. Saving Provision. If any provision of this Agreement shall be found invalid or
unenforceable with respect to any entity or in any jurisdiction, the remaining provisions
of this Agreement shall not be affected thereby, and such provisions found to be unlawful
or unenforceable shall not be affected as to their enforcement or lawfulness as to any
other entity or in any other jurisdiction, and to such extent the terms and provisions of
this Agreement are intended to be severable
9. Notices. Any written notice required hereunder shall be hand delivered or by certified
mail at the following addresses unless the other party is given notice of a change of
address by certified mail:
City of St. Louis Park
Attention: City Clerk
5005 Minnetonka Boulevard
St. Louis Park, MN 55416
City of Golden Valley
Attention: City Clerk
7800 Golden Valley Road
Golden Valley, MN 55427
(The remainder of this page is intentionally left blank.)
5
IN WITNESS WHEREOF, the City of St. Louis Park and the City of Golden Valley
have caused this Agreement to be executed by their respective duly authorized officers pursuant
to the authority granted by the attached resolutions adopted by the City Council of St. Louis Park
and the City Council of Golden Valley.
City of St. Louis Park,
a Minnesota municipal corporation
By: Jake Spano, Mayor
By: Tom Harmening, City Manager
CITY OF GOLDEN,
a Minnesota municipal corporation
By: Shepard M. Harris, Mayor
By: Timothy J. Cruikshank, City Manager
6
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 2016, by Jake Spano, the Mayor of the City of St. Louis Park, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its
City Council.
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 2016, by Tom Harmening, the City Manager of the City of St. Louis Park, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority
granted by its City Council.
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 2016, by Shepard M. Harris, the Mayor of the City of Golden Valley, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority
granted by its City Council.
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 2016, by Timothy J. Cruikshank, the City Manager of the City of Golden
Valley, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
Notary Public
7
8
EXHIBIT A
Legal Description of the Office & Ramp Parcel
Lot 2, Block 1, CENTRAL PARK WEST P.U.D. NO. 121, Second Addition, according to the
plat thereof, Hennepin County, Minnesota.
9
EXHIBIT B
Site Plan for the Office & Ramp Parcel
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MY OF ST. LOUIS PARK
SHARED SERVICES AGREEMENT
This Shared Services Agreement (this "Agreement") is made this day of
, 2015, by and between the CITY OF ST. LOUIS PARK, a Minnesota municipal
corporation, ("St. Louis Park") and the CITY ON GOLDEN VALLEY, a Minnesota municipal
corporation, ("Golden Valley").
RECITALS
A. Minn. Stat. § 471.59 et seq. authorizes cities to enter into agreements to share
services.
B. St. Louis Park and Golden Valley each approved a planned unit development
(collectively, the "PVDs") with respect the real property legally described on Exhibit A attached
hereto (the "Central Park West Property"),
C. The owner of Lot 1, Block 1 of the Central Park West Property (the "Phase 1
Property") intends to construct a residential building and related improvements (collectively, the
"Residential Building") on the Phase I Property, in accordance with the PUDs.
D. A portion of the Residential Building, as approved in the PUDs, will be located
within the jurisdiction of St. Louis Park (the "SLP Part of the Residential Building") and the
remaining portion will be located within the jurisdiction of the Golden Valley (the "GV Part of
the Residential Building").
E. The PUDs contemplate that the owner of Outlot A of the Central Park West
Property (the "Outlot A") will construct a multi-level parking structure and related
improvements (collectively, the "Parking Ramp") on a portion of Outlot A (the "Parking
Ramp Property").
F, As contemplated in the PUDs, a portion of the Parking Ramp will be located
within the jurisdiction of St. Louis Park (the "SLP Part of the Parking Ramp") and the
remaining portion will be located within the jurisdiction of Golden Valley (the "GV Part of the
Parking Ramp").
G. The final plans for the Parking Ramp remain subject to the review and approval of
St. Louis Park and Golden Valley, in accordance with their respective city codes.
H. The site plan attached as Exhibit B hereto shows the Central Park West Property,
the expected location of the Residential Building and the Parking Ramp, and the jurisdictional
boundary line between St. Louis Park and Golden Valley.
I. St. Louis Park and Golden Valley have the common power to administer and .
enforce state-wide codes applicable to the construction, demolition, replacement, repair,
installation, or maintenance of buildings, structures and related improvements, including without
limitation the Minnesota State Building Code and the Minnesota State Fire Code (collectively,
the "State Codes").
J. The fee schedules under the parties' respective city codes impose or require
substantially similar fee .and charge amounts in connection with the administration and
enforcement of the State Codes.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANT'S,
THE PARTIES AGREE AS FOLLOWS:
1. Purpose. The purpose of this Agreement is to increase the efficiency of the parties'
inspection and permitting of construction, maintenance and other certain regulated
activities that the owners of the Phase I Property and Outlot A will engage in with
respect to the Residential Building and the Parking Ramp.
2. Residential Building.
A. Administration and Enforcement of State Codes.
(i) With respect to the SLP Part of the Residential Building, St. Louis Park
shall exercise its powers to administer and enforce the State Codes
applicable to the construction and maintenance of the Residential
Building.
(ii) With respect to the GV Part of the Residential Building, St, Louis Park
shall exercise on behalf of Golden Valley their common powers to
administer and enforce the State Codes to the same kind and extent St.
Louis Park applies such codes to the SLP Part of the Residential Building.
(iii) Pursuant to the foregoing, permit(s) and certificate(s) of occupancy for the
Residential Building shall be issued by St. Louis Park, and St. Louis Park
shall be responsible for all inspections and enforcement activities related
to the State Codes applicable to the Residential Building. It being the
intent of the parties that the owner of the Phase I Property need only
coordinate with St. Louis Park for such permits and certificates of
occupancy for the Residential Building.
(iv) Notwithstanding anything to the contrary herein, Golden Valley shall have
(a) the right to perform a final walk-through inspection of the Residential
Building prior to the issuance of any certificate of occupancy therefor; and
(b) full access to (and copies of, if requested) all records related to St.
Louis Park's administration and enforcement of the State Codes with
respect to the Residential Building, including, to the extent applicable,
electronic access to such records,
B. Residential Building Fees. Any fees, charges or surcharges (including without
limitation building permit fees, building plan review fees, electrical permit fees,
mechanical permit fees, plumbing permit fees, and fire permit fees) imposed or
required under the parties' respective city codes with respect to the administration
and enforcement of the State Codes for the Residential Building (collectively,
"Residential Building Fees") shall be imposed, collected and allocated as
follows:
(i) To the extent the St. Louis Park City Code imposes or requires Residential
Building Fees, St. Louis Park shall impose or require such fees with
respect to the entire Residential Building (i.e., both the SLP Part of the
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Residential Building and the GV Part of the Residential Building) in
accordance with the fee schedule of the St. Louis Park City Code, and
such fees shall be collected by St. Louis Park.
Any Residential Building Fees collected by St. Louis Park shall be
allocated among the parties as follows:
a. All collected Residential Building Fees collected shall belong to
St. Louis Park, except GV's Share which shall belong to Golden
Valley.
b. As used herein the term "GV's Share" shall mean the product of
the following formula to the extent such product exceeds $500.00:
The amount of Residential Building Fees received by St.
Louis Park, multiplied by 42.4%, multiplied by 25%.
c. St. Louis Park shall be responsible for calculating GV's Share and
shall do so for each Business Day it receives one or more payments
of Residential Building Fees. St. Louis Park's determination of
GV's Share shall be subject to Golden Valley review and approval.
For purposes of applying the foregoing formula, the "amount of
Residential Building Fees received by St. Louis Park" shall be
determined separately for each Business Day on which Residential
Building Fees are received by St. Louis Park. It being the intent
of the parties to avoid the administrative cost of processing the
payment of GV's Share with respect to relatively small amounts of
Residential Building Fees received by St. Louis Park; provided that
whether Golden Valley is entitled to any share of Residential
Building Fees shall not impair Golden Valley's rights under
Section 2.A(iv) above. As used herein the term, `Business Day"
shall mean any day Monday through Friday on which the
governmental offices of the parties are open for normal business.
d. Pursuant to the foregoing, if GV's Share is less than $500 on any
Business Day, no payment of Residential Building Fees collected
on that Business Day shall be made to Golden Valley.
e. If pursuant to the foregoing Golden Valley is to receive any
Residential Building Fees, St. Louis Park shall pay such amount to
Golden Valley within thirty (30) days of its receipt of such
Residential Building Fees and shall provide to Golden Valley with
such payment documentation evidencing the total amount of
Residential Building Fees received by St. Louis Park on the
applicable Business Day and the calculation of GV's Share with
respect to such fees received.
f. The foregoing 42.4% figure represents the percentage of the
Residential Building Square Footage that will lie within Golden
Valley's jurisdiction, according to the plans approved in the PUDs.
As used herein, the term "Residential Building Square Footage"
refers to the total square footage of the building to be located on
the Phase 1 Property, according to the PUDs.
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(iii) To the extent St. Louis Park's imposition or requirement of any
Residential Building Fees is based on a valuation of the Residential
Building set forth in a permit application, prior to approving such
application, St. Louis Park shall provide Golden Valley a copy of the
application and any documentation it obtains or receives in connection
with such valuation. Within ten (10) Business Days of its receipt of the
application and such documentation, Golden Valley shall indicate to St.
Iaouis Park whether it agrees or disagrees with the valuation, and if it
disagrees the basis for such disagreement. In the event Golden Valley
disagrees with the valuation, the parties shall cooperate with the property
owner to agree upon an acceptable valuation prior to proceeding with the
application.
(iv) To the extent a party performs an inspection of the Residential Building
pursuant to its city code or this Agreement and under that party's city code
a separate fee is imposed for such inspection, the foregoing shall not
prevent such party from charging, collecting and retaining such inspection
fee in its entirety.
(v) Except as provided herein, Golden Valley shall not impose or require the
payment of any Residential Building Fees.
C. Rental Licensing. Notwithstanding anything to the contrary herein, each party
shall administer and enforce their respective rental licensing regulations to the
extent applicable to the Residential Building, but only with respect to those
portions of the Residential Building that lie within each party's jurisdiction.
Any fees or charges imposed or required under such regulations shall be collected
by and belong to the party administering and enforcing such regulations.
3. Parking Ramp.
A. Administration and Enforcement of State Codes.
(i) With respect to the GV Part of the Parking Ramp, Golden Valley shall
exercise its powers to administer and enforce the State Codes applicable to
the construction and maintenance of the Parking Ramp.
(ii) With respect to the SLP Part of the Parking Ramp, Golden Valley shall
exercise on behalf of St. Louis Park their common powers to administer
and enforce the State Codes to the same kind and extent Golden Valley
applies such codes to the GV Part of the Parking Ramp.
(iii) Pursuant to the foregoing, the permit(s) and certificates) of occupancy for
the Parking Ramp shall be issued by Golden Valley, and Golden Valley
shall be responsible for all inspections and enforcement activities related
to the State Codes applicable to the Parking Ramp. It being the intent of
the parties that the owner of the Parking Ramp Property need only
coordinate with Golden Valley for such permits and certificates of
occupancy for the Parking Ramp.
(iv) Notwithstanding anything to the contrary herein, St. Louis Park shall have
(a) the right to perform a final walk-through inspection of the Parking
Ramp prior to the issuance of any certificate of occupancy therefor; and
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(b) full access to (and copies of, if requested) all records related to Golden
Valley's administration and enforcement of the State Codes with respect
to the Parking Ramp, including, to the extent applicable, electronic access
to such records.
B. Parking Ramp Fees. Any fees, charges or surcharges (including without
.limitation building permit fees, building plan review fees, electrical permit fees,
mechanical permit fees, plumbing permit fees, and fire permit fees) imposed or
required under the parties' respective city codes with respect to the administration
and enforcement of the State Codes for the Parking Ramp (collectively, "Parking
Ramp Fees") shall be imposed, collected and allocated as follows:
(i) To the extent the Golden Valley City Code imposes or requires Parking
Ramp Fees, Golden Valley shall impose or require such fees with respect
to the entire Parking Ramp (i.e., both the SLP Part of the Parking Ramp
and the GV Part of the Parking Ramp) in accordance with the fee schedule
of the Golden Valley City Code, and such fees shall be collected by
Golden Valley.
(ii) Any Parking Ramp Fees collected by Golden Valley shall be allocated
among the parties as follows:
a. All collected Parking Ramp Fees collected shall belong to Golden
Valley, except SIaP's Share which shall belong to St. Louis Park.
b. As used herein the term "SLP's Share" shall mean the product of
the following formula to the extent such product exceeds $500.00:
The amount of Parking Ramp Fees received by Golden
Valley, multiplied by the SLP Ramp Percentage, multiplied
by 25%.
c. As used herein the term "SLP Ramp Percentage" shall mean the
percent of the Total Parking Ramp Square Footage that will lie
within the jurisdiction of St. Louis Park, according to the final
construction plans for the Parking Ramp approved by each party in
accordance with their respective city codes (the "Final
Construction Plans"). As used herein, the term "'total Parking
Ramp Square Footage" shall refer to the total square footage of
the parking ramp to be located on Outlot A, according to the
PVDs, with such square footage to be calculated based on the Final
Construction Plans. As of the date hereof, it is anticipated that
approximately 10% of the Total Parking Ramp Square Footage
will be located in St. Louis Park (i.e., the SLP Ramp Percentage
will be 10%). Upon the parties' receipt of the Final Construction
Plans, the SLP Ramp Percentage shall be established by letter
agreement among the parties
d. Golden Valley shall be responsible for calculating SLP's Share and
shall do so for each Business Day it receives one or more payments
of Parking Ramp Fees. Golden Valley's determination of SLP's
Share shall be subject to St. Louis Park's review and approval. For
purposes of applying the foregoing formula, the "amount of
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Parking Ramp Fees received by Golden Valley" shall be
determined separately for each Business Day on which Parking
Ramp Fees are received by Golden Valley. It being the intent of
the parties to avoid the administrative cost of processing the
payment of SLP's Share with respect to relatively small amounts
of Parking Ramp Fees received by Golden Valley; provided that
whether St. Louis Park is entitled to any share of Parking Ramp
Fees shall not impair St Louis Park's rights under Section 3.A iv
above.
e. Pursuant to the foregoing, if SLP's Share is less than $500 on any
Business Day, no payment of Parking Ramp Fees collected on that
Business Day shall be made to St. Louis Park.
f. If pursuant to the foregoing St. Louis Park is to receive any
Parking Ramp Fees, Golden Valley shall pay such amount to St.
Louis Park within thirty (30) days of its receipt of such Parking
Ramp Fees and shall provide to St. Louis Park with such payment
documentation evidencing the total amount of Parking Ramp Fees
received by Golden Valley on the applicable Business Day and the
calculation of SLP's Share with respect to such fees received.
(iii) To the extent Golden Valley's imposition or requirement of any Parking
Ramp Fees is based on a valuation of the Parking Ramp set forth in a
permit application, prior to approving such application, Golden Valley
shall provide St. Louis Park a copy of the application and any
documentation it obtains or receives in connection with such valuation.
Within ten (10) Business Days of its receipt of the application and such
documentation, St. Louis Park shall indicate to Golden Valley whether it
agrees or disagrees with the valuation, and if it disagrees the basis for such
disagreement. In the event St. Louis Park disagrees with the valuation, the
parties shall cooperate with the property owner to agree upon an
acceptable valuation prior to proceeding with the application.
(iv) To the extent a party performs an inspection of the Parking Ramp pursuant
to its city code or this Agreement and under that party's city code a
separate fee is imposed for such inspection, the foregoing shall not prevent
such party from charging, collecting and retaining such inspection fee in
its entirety.
(v) Except as provided herein, St. Lois Park shall not impose or require the
payment of any Parking Ramp Fees,
4. Mutual Aid for Public Safety, This Agreement shall not modify or amend any other
agreements between the parties, or to which the parties are a party, regarding fire, police
and other emergency services.
5. Workers Compensation Claims. It is agreed that any and all employees of St. Louis
Park and Golden Valley and all other persons engaged by each respective party in the
performance of any work or services required or provided as contemplated by this
Agreement shall not be considered employees of the other party, and that any and all
claims that may or might arise under worker's compensation laws or unemployment
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compensation laws on behalf of said employees while so engaged and any and all claims
made by any third parties as a consequence of any act or omission on the part of said
employees while so engaged on any of the work or services provided as contemplated by
this Agreement shall in no way be the obligation or responsibility of the other party.
6. Retained Authority. Except to the extent expressly provided herein, this Agreement
shall not otherwise alter the municipal powers of the parties.
7. Term, This Agreement may be terminated by either party upon six (6) months advance
written notice to the other party.
8. Amendments. This Agreement may be amended at any time by agreement of the
parties; provided, however, that, unless waived, the owner(s) of the Phase 1 Property and
the Parking Ramp Property shall have received three (3) months advance written notice
of the proposed amendment prior to the presentation of the proposed amendment to the
governing bodies of each of Golden Valley and St. Louis Park. For purposes of the
address for notice(s) to such owner(s), the parties shall use the addresses available
through then-current property tax records.
9. Saving Provision. If any provision of this Agreement shall be found invalid or
unenforceable with respect to any entity or in any jurisdiction, the remaining provisions
of this Agreement shall not be affected thereby, and such provisions found to be unlawful
or unenforceable shall not be affected as to their enforcement or lawfulness as to any
other entity or in any other jurisdiction, and to such extent the terms and provisions of
this Agreement are intended to be severable
10. Notices. Any written notice required hereunder shall be hand delivered or by certified
mail at the following addresses unless the other party is given notice of a change of
address by certified mail:
City of St. Louis Park
Attention: City Clerk
5005 Minnetonka Boulevard
St. Louis Park, MN 55416
City of Golden Valley
Attention: City Clerk
7800 Golden Valley Road
Golden Valley, MN 55427
(The remainder of this page is intentionally left blank.)
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IN WITNESS WHEREOF, the City of St. Louis Park and the City of Golden Valley
have caused this Agreement to be executed by their respective duly authorized officers pursuant
to the authority granted by the City Council of St. Louis Park and the City Council of Golden
Valley.
CITY ST. LOUIS PARK
BY:
Its yor
AND
Its nager
CITY OF GOLDEN VALLEY
BY: t
-IVIts ayor
AND
400,
Its City Manager
I;
STATE OF MINNESOTA
COUNTY OF HENNEPIN
_jhis instrument was acknowledged before me on ' 2015, by
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t^d i,Ail vi and TG Y1A jig# t`vt tew, as
n a'a 6 r" er^d Ti`Kt and ( Itu, fia' v—
respectively, of the City of St. Louis Park, a Minnesota municipal coy oration, on behalf of the
City of St. Louis Park.
Notark Public
",- Kay Christine Midura
t' R= Notary Public Printed Name: ^r' t' �' r (4
;fir. Minnesota
' `; My Commission E>tgires January 31,2017 My Commission Ex ices: 1 • t
If
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me on August 11, 2015,by Shepard M. Harris
and Thomas D. Burt, as Mayor and City Manager, respectively, of the City of Golden Valley, a
Minnesota municipal corporation, on behalf of the City of Golden Valley.
airy Public
gm-- JUDITH A. NALLY
� NOTARY PUBUC-MINNESOTA rinted Name: Judith A.Nally
0/�'' My Commission Expires M Commission Expires: Januar 31, 2020
_IF
January 31,2020 y p y
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9
EXHIBIT A
Legal Description of the Central Park West Property
Lots 1, 2, and 3, Block I and Outlot A, CENTRAL PARK WEST 1'.U.D. NO. 121, according to
the plat thereof, Hennepin County, Minnesota.
EXHIBIT B
Site Plan of the Central Park West Property
(Attached)
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�JST LOUIS PARKIGOLMN VAI LEY AIN
LILC RLSIOFNIIAL PLAN
A G E N D A
Council/Manager Meeting
Golden Valley City Hall
7800 Golden Valley Road
Council Conference Room
Thursday, October 13, 2016
6:30 pm or immediately following the HRA Meeting
Pages
1. Public Expenditure Policy (25 minutes)
2. Teen Committee (30 minutes)
3. Legislative Priorities:
a. Fiscal Disparities (20 minutes)
b. Infrastructure (10 minutes)
Council/Manager meetings have an informal, discussion-style format and are designed
for the Council to obtain background information, consider policy alternatives, and
provide general directions to staff. No formal actions are taken at these meetings. The
public is invited to attend Council/Manager meetings and listen to the discussion; public
participation is allowed by invitation of the City Council.
AGENDA
Regular Meeting of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
October 18, 2016
6:30 pm
1.CALL TO ORDER PAGES
A.Pledge of Allegiance
B.Roll Call
2.ADDITIONS AND CORRECTIONS TO AGENDA
3.CONSENT AGENDA
Approval of Consent Agenda - All items listed under this heading are considered to be
routine by the City Council and will be enacted by one motion. There will be no
discussion of these items unless a Council Member so requests in which event the item
will be removed from the general order of business and considered in its normal
sequence on the agenda.
A.Approval of Minutes - City Council Meeting October 5, 2016
B.Approval of City Check Register
C.Licenses:
D.Minutes of Boards and Commissions:
1.
E.Bids and Quotes:
1.
F.Waiver of Public Hearing and Certification of Special Assessments - 2016 PMP
Driveways
G.Waiver of Public Hearing and Certification of Special Assessments - 2016 PMP
Sanitary Sewer Repairs
H.Waiver of Public Hearing and Certification of Special Assessments - Douglas Drive
4.PUBLIC HEARINGS
A.Public Hearing to Vacate Easements at 5301 Woodstock Avenue
5.OLD BUSINESS
6.NEW BUSINESS
A.Receive Community Survey Results
B.Accept Donation and Grant for Ball Field Improvement and Play Structures
C.Approve Purchase of Play Structures for St. Croix and Medley Parks
D.Announcement of Meetings
1. Future Draft Agendas: City Council November 1, 2016, Council/Manager
November 8, 2016 and November 15, 2016
E.Mayor and Council Communications
7.ADJOURNMENT
AGENDA
Regular Meeting of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
November 1, 2016
6:30 pm
1.CALL TO ORDER PAGES
A.Pledge of Allegiance
B.Roll Call
2.ADDITIONS AND CORRECTIONS TO AGENDA
3.CONSENT AGENDA
Approval of Consent Agenda - All items listed under this heading are considered to be
routine by the City Council and will be enacted by one motion. There will be no
discussion of these items unless a Council Member so requests in which event the item
will be removed from the general order of business and considered in its normal
sequence on the agenda.
A.Approval of Minutes - City Council Meeting October 18, 2016
B.Approval of City Check Register
C.Licenses:
1.
D.Minutes of Boards and Commissions:
1. Human Rights Commission - September 27, 2016
E.Bids and Quotes:
1.
4.PUBLIC HEARINGS
A.
5.OLD BUSINESS
6.NEW BUSINESS
A.Announcement of Meetings
1. Future Draft Agendas: Council/Manager November 8, 2016, City Council
November 15 and December 6, 2016
B.Mayor and Council Communications
7.ADJOURNMENT