10-02-19 CC Agenda packet (entire)7800 Golden Valley Road I Golden Valley, MN 55427 City o
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City Council Y
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REGULAR MEETING AGENDA Wednesday, October 2, 2019 — 6:30 pm
Council Chambers
Golden Valley City Hall
7800 Golden Valley Road
1. Call to Order
A. Pledge of Allegiance Pages
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:
1. City Council Meeting — September 17, 2019
3-7
B. Approval of City Check Register
8
C. Licenses:
1. Approve New/Used Vehicle Dealer License
9
D. Minutes of Boards and Commissions:
1. Rising TIDES Task Force —July 9 and August 13, 2019
10-14
2. Special Board of Zoning Appeals — September 9, 2019
15-17
3. Bassett Creek Water Management Commission — August 12, 2019
18-23
E. Accept Resignation from the Environmental Commission
24
F. Receipt of August 2019 Financial Reports
25-38
G. Board/Commission Appointments
39
H. Approval of Nine Month Extension for Conditional Use Permit 161— Retro Companies, Inc.
40-48
I. Approve Memorandum of Understanding & License Agreement with the Golden Valley
49-55
Garden Club
4. Public Hearing
A. Public Hearing — Special Assessments — 2019 Delinquent Utility Bills 19-54 56-65
B. Public Hearing —Special Assessments-2019 Miscellaneous Charges 19-55 66-69
5. Old Business
6. New Business
All Ordinances listed under this heading are eligible for public input.
A. Endorsing Pollinator Protection and Promoting Pollinator Habitat 19-56 70-73
This document is available in alternate formats upon a 72-hour request. Please call
763-593-8006 (TTY: 763-593-3968) to make a request. Examples of alternate formats
may include large print, electronic, Braille, audiocassette, etc.
City of Golden Valley
October 2, 2019 — 6:30 pm
6. New Business - continued
City Council Regular Meeting
B. Central Park West PUD No. 121, Amendment #4 — 10 West End
C. First Consideration — Ordinance 670 - Tobacco Licensing and Regulation
D. Review of Council Calendar
E. Mayor and Council Communications
7. Adjournment
74-130
131-169
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City Council Y
REGULAR MEETING MINUTES September 17, 2019 — 6:30 pm
Council Chambers
Golden Valley City Hall
7800 Golden Valley Road
1. Call to Order
The meeting was called to order at 6:30 pm by Mayor Harris.
1A. Pledge of Allegiance
1113. Roll Call
Present: Mayor Shep Harris, Council Members Joanie Clausen, Larry Fonnest, Gillian
Rosenquist and Steve Schmidgall
Staff present: City Manager Cruikshank, City Attorney Cisneros and City Clerk Luedke
2. Additions and Corrections to Agenda
MOTION made by Council Member Fonnest, seconded by Council Member Clausen to approve
the agenda of September 17, 2019, as submitted and the motion carried.
3. Approval of Consent Agenda
MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to
approve the consent agenda of September 17, 2019, as revised: removal of 3E-Appointment of
the Election Judges and Absentee Ballot Board for the November 5, 2019, General Election and
31-Restricting Parking on Glenwood Avenue between Highway 100 and Xerxes Avenue North and
Supporting the Improvements to the Corridor and the motion carried.
3A. Approval of Minutes:
1. Council/Manager Meeting — August 13, 2019
2. City Council Executive Session — August 20, 2019
3. City Council Meeting — September 3, 2019
313. Approve City Check Register and authorize the payments of the bills as submitted.
3C. Licenses:
1. Approve the new manager application for Mr. Mandel for Chester Bird American
Legion Post No. 523 located at 200 North Lilac Drive.
2. Receive and file the gambling license exemption and approve the waiver of notice
requirement for The Retreat.
3. Receive and file the gambling license exemption and approve the waiver of notice
requirement for Chester Bird American Legion Post No. 523.
3D. Minutes of the Boards and Commissions:
1. Environmental Commission Minutes —July 22, 2019
2. Board of Zoning Appeals Minutes —July 23, 2019
3€ AppFeving appointment ef the Election judges and Absentee Ballet BeaFd f0F the Gen
Election te be held en NevembeF 5, 2019.
3F. Call for a Special Meeting to canvass the November 5, 2019, Municipal Election results
for November 12, 2019, at 6:30 pm.
3
Ili
City of Golden Valley City Council Regular Meeting Minutes
September 17, 2019 — 6:30 pm
Approval of Consent Agenda — continued
3G. Adopt Resolution 19-50, 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.
3H. Adopt Resolution 19-51, establishing parking restrictions on Lilac Drive North between
Turners Crossroad and Trunk Highway 100.
34-. Restricting Parking en Glenweed Avenue between Highway 100 and XeF)(es Avenue
Items Removed From the Consent Agenda:
3E. Appointment of Election Judges and Absentee Ballot Board for the General Election on
November 5, 2019
Council Member Rosenquist thanked the Golden Valley Election Judges for their service.
MOTION made by Council Member Rosenquist, seconded by Council Member Schmidgall to
adopt Resolution 19-49, approving the appointment of the Election Judges and Absentee Ballot
Board for the General Election to be held on November 5, 2019. Upon a vote being taken the
following voted in favor of: Clausen, Fonnest, Harris, Rosenquist and Schmidgall, the following
voted against: none and the motion carried.
31. Restricting Parking on Glenwood Avenue between Highway 100 and Xerxes Avenue
North and Supporting the Additional Improvements to the Corridor
Physical Development Director Nevinski provided a brief description of the project and
answered questions from Council. City Manager Cruikshank answered questions from Council.
P)
Ms. Emily Kettell, Hennepin County Bike/Ped Planner, provided information on the Glenwood
2020 repaving project including the background, the goals and the community outreach that the
County and City had done. She also provided the recommended improvements along with the
anticipated benefits and answered questions from Council.
Mr. David Allen, 4409 Glenwood Avenue, said he was representing a group of Glenwood
residents that met to discuss the proposed parking restrictions. He said some residents had
canvassed the neighborhood between Highway 100 and Theodore Wirth Parkway and received
over 35 signatures on a petition expressing concern about the parking ban.
Mr. Bruce Pappas, 20 Ardmore Drive, said he was on the Glenwood Repaving Committee and
was not for or against parking but concerned about safety. He said he did not feel safe walking
his kids to the park on Glenwood. He said he supported the parking ban because he heard not
many people parked on it and added that Glenwood could not have both bike lanes and parking.
Ms. Lynn Argetsinger, 4333 Glenwood Avenue, said she was one of the canvassers. She said that
Glenwood Avenue only has eight streetlights on it. She said she has many meetings at her home
and wanted to know where her guests could safely park.
City of Golden Valley City Council Regular Meeting Minutes 3
September 17, 2019 — 6:30 pm
31. Restricting Parking on Glenwood Avenue - continued
Mr. Brent Reichow, 3902 Glenwood Avenue, asked if it is the County's minimum requirement to
have five feet for bike lanes because it seemed very generous. He also answered how many of
the study participants were Glenwood residents.
Ms. Joyce Orback, 3920 Glenwood Avenue, said she has lived in her home for over 50 years and
when she first moved in, she felt it was important to have sidewalks for the kids walking to
school. She said she worked with the City to have them installed but that it does not appear that
any repair work has been done to them since then. She said sidewalk repairs should be done in
the short-term goals not the long-term.
Mr. Peter Grant, 210 Sunnyridge Circle, said at first he was in favor of the bike lanes but after
listening to his neighbors, he decided that parking was a privilege the residents of Glenwood
Avenue deserve and added the speed limit on Glenwood should be lowered.
Ms. Barb Busick, 4736 Glenwood Avenue, said she felt the data collected by the study group was
incomplete because only two participants were residents from the neighborhood. She said this
was because the neighborhood thought the project was only an improvement to Glenwood and
did not include parking restrictions. She has spoken to some residents west of Highway 100 and
said they did not know that parking was being taken away. She also said there are concerns from
residents on the side streets that people attending events on Glenwood would park in front of
their homes.
Mr. Paul Klass, 309 Meadow Lane South, said he was on the study group and the Bicycle and
Pedestrian Task Force. He said when the Task Force started, the members were given data on
Golden Valley's most dangerous streets for bike/ped/car accidents and Glenwood was either
first or second on the list. He said there is not enough room for both biking and parking safely.
Mr. Michael Johnson, 6101 Glenwood Avenue, said he rides his bike downtown every day and
feels the City is doing a good job on bike lanes. He said five feet is a wide lane for biking and he
did not realize parking was available on Glenwood because in the morning, there are very few
cars parked on it.
The was much Council discussion regarding restricting parking on Glenwood Avenue between
Highway 100 and Xerxes Avenue North and the proposed bike lanes.
MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to adopt
Resolution 19-52, restricting parking on Glenwood Avenue between Highway 100 and Xerxes
Avenue North and supporting the timely completion of additional improvements to the corridor.
Upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist
and Schmidgall, the following voted against: none and the motion carried.
4. Public Hearing
S. Old Business
City of Golden Valley City Council Regular Meeting Minutes 4
September 17, 2019 — 6:30 pm
6. New Business
6A. Valley Creek PUD No. 71 Third Addition, Amendment #3 — 8301, 8401, 8501 Golden
Valley Road
Planning Manager Zimmerman presented the staff report and answered questions from Council.
MOTION made by Council Member Fonnest, seconded by Council Member Schmidgall to
approve Valley Creek PUD No. 71 Third Addition, Amendment #3, and to authorize the Mayor
and City Manager to sign the amended PUD Permit and the motion carried.
6B. Adopting Proposed 2020 Budget and Proposed Tax Levies Payable in 2020
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 proposed 2020 budget and proposed Tax Levies
payable in 2020 and Fiscal Disparities. The Council thanked staff for their work on the budget.
MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to adopt
Resolution 19-53, for Proposed 2020 Budget and Proposed Tax Levies Payable in 2020. Upon a
vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist and
Schmidgall, the following voted against: none and the motion carried.
6C. Review of Council Calendar
Some Council Members may attend the Market in the Valley on September 29 and October 6,
2019, from 9 am to 1 pm in the City Hall Campus Parking Lot.
Some Council Members may attend the Golden Valley Human Rights Commission Outreach
Program on September 25, 2019, at 7 pm at Brookview located at 316 Brookview Parkway.
Some Council Members may attend the Golden Valley Business Council meeting on September
26, 2019, from 7:30 to 8 am at Brookview located at 316 Brookview Parkway.
The next City Council meeting will be held on October 2, 2019, at 6:30 pm.
Some Council Members may attend the League of Women Voter's City Council Candidate
Forum on October 3, 2019, at 7 pm in the Council Chambers.
The Golden Valley Fire Department Donut Day will be held on October 5, 2019, from 8 to 10 am
at all three fire stations.
Mighty Tidy Day will be held on October 5, 2019, from 8 am to 1 pm in Brookview Park.
Some Council Members may attend the Kelly Drive Pumpkin Festival on October 5, 2019,
starting at 11 am located at the Kelly Drive and Duluth Street Intersection.
City of Golden Valley City Council Regular Meeting Minutes 5
September 17, 2019 — 6:30 pm
6C. Review of Council Calendar - continued
The next Council/Manager meeting will be held on October 10, 2019, at 6:30 pm.
Some Council Members may attend the Unity Minneapolis 100th Anniversary Celebration on
October 12, 2019, from 6 to 10:30 pm located at The Metropolitan Ballroom located 5418
Wayzata Boulevard.
Some Council Members may attend the Rising TIDES Task Force meeting on October 15, 2019,
from 5:15 to 6:15 pm in the Council Conference Room.
The next Housing and Redevelopment Authority meeting will be held on October 15, 2019, at
6:30 pm.
The next City Council meeting will be held on October 15, 2019, immediately following the HRA
meeting.
61). Mayor and Council Communication
Council Member Clausen thanked the Golden Valley Arts and Music Festival and the Greens
Classic event committee members, city staff and volunteers for making both of the events
successful and fun. She said that she had an event at Brookview over the weekend and
Brookview staff did a great job.
Council Member Rosenquist said that September 8 it was Minnesota Women's Suffrage Day
honoring the 1001" Anniversary of Minnesota's Ratification of the 19t" Amendment. She
attended an event honoring women's history at the State Capital and said to watch for other
events over the next year.
Mayor Harris said the Minnesota League of Cities has recognized one of the City's State
Senators, Ann Rest, as a 2019 "Legislator of Distinction" during the legislative session.
7. Adjourn
MOTION made by Council Member Schmidgall, seconded by Council Member Clausen and the
motion carried to adjourn the meeting at 9:10 pm.
Shepard M. Harris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
ciQ0 EXECUTIVE SUMMARY
�� � , .golden Administrative Services
va 763-593-8013 / 763-593-3969 (fax)
Golden Valley City Council Meeting
October 2, 2019
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.
Financial Or Budget Considerations
The check register has a general ledger code as to where the claim is charged. At the end of the
register is a total amount paid by fund.
Recommended Action
Motion to authorize the payment of the bills as submitted.
Supporting Documents
Document is located on city website at the following location:
httD://webIink.ci.Laolden-vaIIev.mn.us/Public/Browse.asDx?startid=717279&dbid=2
The check register for approval:
o 09/20/2019 Check Register
city of EXECUTIVE SUMMARY
lden
walle Citygo .� - Administration
763-593-8006 / 763-593-8109 (fax)
Golden Valley City Council Meeting
October 2, 2019
Agenda Item
3. C. 1. Approve New/Used Vehicle Dealer License
Prepared By
Kris Luedke, City Clerk
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.
License # Applicant License Type Fee
#8344 Jaguar/Landrover Minneapolis New/Used Vehicle Dealer $400
8905 Wayzata Blvd
Financial Or Budget Considerations
Fees received for new/used vehicle dealer license renewals are budgeted and defray the costs the City
incurs to administer the licensing.
Recommended Action
Motion to authorize the renewal of the above new/used vehicle dealer licenses for the 2019-2020
license period.
7800 Golden Valley Road I Golden Valley, MN 55427 CltJ of
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Rising TIDES Task Force
July 9, 2019 — 5:15 pm
Conference Room
REGULAR MEETING MINUTES Council
Golden Valley City Hall
7800 Golden Valley Road
Call to Order
The meeting was called to order at 5:20 pm by Vice Chair Harris.
Roll Call
Members present: Amber Alexander, Tanveer Gulzar, Ajani Woodson, Ruth Paradise, Melissa
Johnson, Millicent Flowers, Maurice Harris, Joelle Allen (arrived at 5:37 pm)
Members absent: Sheri Hixon and Sam Powers
Staff present: Tim Cruikshank, City Manager, Kirsten Santelices, Human Resources Director,
and Maria Cisneros, City Attorney
Approval of Agenda
MOTION by Member Alexander to approve agenda. Seconded by Member Paradise. Motion
carried.
Approval of Minutes
MOTION by Member Paradise to approve the May 14 and June 11, 2019 regular meeting
minutes as submitted. Seconded by Member Johnson. Motion carried.
Public Input and Communication Process Discussion
Vice Chair Harris provided a recap of the June meeting where members of the Task Force discussed
communicating the Task Force initiatives and the equity plan with the community. Commissioners
discussed whether or not it would be too early to get feedback from the community because there
haven't been any official recommendations made by the task force. Member Johnson shared that the
current structure of asking for feedback afterward, rather than now, that some communities may feel
that they have not been heard, which is traditionally how marginalized groups have felt. Member
Johnson posed the question, "How does the City flip it so that communities feel included from the
beginning?"
Members discussed whether or not the Task Force wants input on particular topics, or the entire equity
plan. Further discussion took place on why it may be important to get community input sooner in the
process rather than later. Member Flowers asked what tools of communication have been successful for
the City in the past. The City Manager provided an overview of the tools the City traditionally uses to
communicate, including social media, website, CCX media and other media sources, newsletters,
postcards, etc.
Chair Allen responded to questions about the direction of the Task Force and clarified for members that
the goal is to ensure that they provides deliverables and specific recommendations for the City Council.
Chair Allen shared a template for recommendations based on the topics discussed at the last meeting.
MEETING MINUTES — Rising TIDES Task Force
July 9, 2019
Chair Allen moved the topic into New Business to discuss part of those recommendations, a new meeting
structure. Chair Allen proposed that the Task Force members re -assign themselves to be owners of
meeting topics. Furthermore, in lieu of a team building activity an assigned Task Force member would
present recommendations from the previous meeting to the full Task Force. To formulate
recommendations, the "topic owner" would use their own expertise, the meeting minutes, and any
other sources of information. Each recommendation would be voted on by the Task Force to include in
the final report presented to City Council.
Chair Allen clarified for the group that each topic memo would become part of the final report that the
Task Force would review and vote on in its entirety before submitting to City Council. Furthermore, Chair
Allen shared that this was the recommendation phase, and there would be an implementation phase,
which should also be part of the final recommendation to Council.
Chair Allen passed around a sign-up sheet for members to sign up for a topic. The Commission agreed
that more than one member could sign up for a topic and work together. Chair Allen then distributed
proposed/draft recommendations memo with the Task Force on communicating equity with the
community (document) and opened up the floor for discussion.
The group discussed one of the recommendations, to host an open forum for community members to
come and give input on the work of the Task Force and each topic. Member Alexander proposed that
advertising and messages about the open forum be reviewed by the Task Force, or at least the topic
owners (Chair Allen and Member Johnson).
Another recommendation that was discussed was an opportunity to highlight members of the Task Force
through a "Why I Serve" campaign. Chair Allen showed the group an example of what the campaign
could look like. This campaign could eventually be extended beyond just the Task Force members.
It was clarified that the recommendations posed by Chair Allen were more immediate, unlike
recommendations for the other topics, which would go to Council as part of the final report.
Commissioners asked that part of each topic recommendations memo include timing so there is
flexibility to implement items sooner than the end of Phase I.
Further discussion took place around Task Force Members connecting with the community through
attending community events, sharing publications/materials that the City help to create, and reaching
out to their own communities to share the equity plan and the work of the Task Force.
MOTION by Vice Chair Harris to approve the recommendations memo presented by Chair
Allen with addition of "preview publication materials for open forums," and "create
marketing materials for the Task Force," and to approve the "Why I Serve" campaign to
start in August. Seconded by Member Paradise. Motion carried 8-0.
The Task Force will spend the August meeting hearing recommendations on the topics of "Eliminating
Bias in Reviewing RFP and Contracting" and "Diversifying Boards, Commissions, and City Council."
Adjournment
Meeting adjourned by Chair Allen at 6:21 pm.
MEETING MINUTES — Rising TIDES Task Force
July 9, 2019
Joelle Allen, Chair
ATTEST:
Kirsten Santelices, Human Resources Director
7800 Golden Valley Road I Golden Valley, MN 55427 CltJ of
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Rising TIDES Task Force
August 13, 2019 — 5:15 pm
Conference Room
REGULAR MEETING MINUTES Council
Golden Valley City Hall
7800 Golden Valley Road
Call to Order
The meeting was called to order at 5:25 pm by Vice Chair Harris.
Roll Call
Members present: Amber Alexander, Sheri Hixon, Ajani Woodson, Ruth Paradise, Melissa
Johnson, Maurice Harris, Sam Powers (arrived at 5:29 pm)
Members absent: Joelle Allen and Tanveer Gulzar
Staff present: Tim Cruikshank, City Manager and Kirsten Santelices, Human Resources
Director
Approval of Agenda
Staff proposed an amendment to the agenda adding: 5. Appointments; 6. Staff Employment Update
MOTION by Member Johnson to approve agenda as amended. Seconded by Member
Paradise. Motion carried 6-0.
Approval of Minutes
MOTION by Member Paradise to approve the July 13, 2019 regular meeting minutes as
submitted. Seconded by Member Woodson. Motion carried 7-0.
Task Force Appointments
Staff shared the resignation of a member of the Task Force and asked the group if they would like to
replace the two open seats. The group discussed whether or not to request individuals to fill the two
open positions, and members were supportive of adding members. City Manager Cruikshank shared that
should the Task Force approve staff would bring it to Council for approval.
MOTION by Member Johnson to appoint two new members to the Task Force as soon as
possible after Council approval. Seconded by Member Powers. Motion carried 7-0.
Staff Employment Update
Staff shared with the Task Force a proposal to add an employee to the Human Resources department to
focus on equity, inclusion, and diversity work, as well as volunteer coordination for the City. Members
agreed that this was a great idea and would be very beneficial. The members shared that the title of the
position did not fully represent the role and asked how the time would be split between equity,
inclusion, and diversity work, and volunteer coordination. The members were also interested in the long
term funding plans for this position. City Manager Cruikshank shared that the position is considered and
funded just as all positions within the City. Santelices shared that there is a lot of work to be done, and
that this person will have a lot to do upon starting, including supporting Rising TIDES initiatives, and staff
training. Members agreed and suggested that to attract the right candidates the job advertisement
should be very clear about the two roles of this one position. Members were encouraged to share any
additional feedback with Santelices.
MEETING MINUTES — Rising TIDES Task Force
August 13, 2019
Communicating Equity with the Community Update
Staff shared the brochure that the Communications department came up with and stated that it can be
used at events and activities for members to share RT. Staff will also send the PDF version to members,
and they can share at coffee shops, libraries, and social media, etc.
Recommendations: Process of Reviewing City Contracts and RFP's, to Eliminate Potential Bias
Member Powers did not provide written recommendations but shared a verbal recommended that the
City host learning/informational sessions to inform businesses about the City's RFP process, current
landscape of work, and future opportunities. The City would use this opportunity to explain any
qualifications and requirements of doing business with the City, which will help eliminate barriers.
Furthermore, the City should invite the National Society for Minority Contractors, and the National
Society for Women Contractors. Member Powers also offered to support the planning and execution of
these sessions if the Council approve.
MOTION by Member Alexander to recommend that the City host learning sessions, in
particular with the National Societies of Minority and Women Contractors to discuss how to
engage in -business with the City. Seconded by Member Paradise. Motion carried 7-0.
Recommendations: Diversifying Boards, Commissions, and City Council
Vice Chair Harris shared that one of the first challenges of diversifying boards and commissions is getting
people to know more about their existence. Some recommendations include making the website more
visible and easily accessible, highlighting success stories of commissioners and board members and the
benefits of serving, advertising in local papers and high school civics classes, using technology at public
events to sign people up for board and commission updates, and making documents visible in multiple
languages. Other suggestions from members included using Night to Unite as a platform and working
with the City's potential new staff member to focus on recruitment efforts.
Santelices suggested that Members Harris and Powers send their written recommendations to staff to
disseminate to the Task Force. The Task Force will then vote on the official recommendations at the
September meeting.
Adjournment
MOTION to adjourn by Member Powers, seconded by Member Hixon. Motion Carried.
Meeting adjourned at 6:21 pm.
Maurice Harris, Vice Chair
ATTEST:
Kirsten Santelices, Human Resources Director
7800 Golden Valley Road I Golden Valley, MN 55427 CltJ 0J
763-593-3992 1 TTY 763-593-3968 1 763-593-8109 (fax) I www.goldenvalleymn.gov goldienii,, Board of Zoning Appeals va
September 9, 2019 — 6:30 pm
Council Chambers
SPECIAL MEETING MINUTES Golden Valley City Hall
7800 Golden Valley Road
Call to Order
The meeting was called to order at 6:30 pm.
Roll Call
Board Members present: Kade Arms-Regenold, Nancy Nelson, David Perich, and Planning
Commissioner Lauren Pockl
Board Members absent: Richard Orenstein and Andy Snope
Staff present: Planning Manager Jason Zimmerman and Administrative Assistant Lisa
Wittman
Approval of Agenda
MOTION made by Perich, seconded by Pockl to approve the agenda of September 9, 2019, as submitted
and the motion carried unanimously.
Approval of Minutes
MOTION made by Perich, seconded by Pockl to approve the minutes of August 27, 2019, as submitted
and the motion carried unanimously.
Tabled Item - 8805 and 8905 Wayzata Blvd
Luther Auto, Applicant
Request: Waiver from Section 113-153, Outdoor Lighting Subd. (i)(2) Outdoor Lighting
• 3.5 footcandles more than the allowed 0.5 footcandles for a total of 4 footcandles along the north
property line.
• 3.4 footcandles more than the allowed 0.5 footcandles for a total of 3.9 footcandles along the east
property line.
• 4.1 footcandles more than the allowed 0.5 footcandles for a total of 4.6 footcandles along the south
property line.
• 2.7 footcandles more than the allowed 0.5 footcandles for a total of 3.2 footcandles along the west
property line.
Purpose: To allow for more than the maximum amount of illumination allowed at the property lines.
Zimmerman reminded the Board that this item was tabled at their August 27, 2019, meeting in order to
provide an updated notice to adjacent property owners.
This document is available in alternate formats upon a 72-hour request. Please call
763-593-8006 (TTY: 763-593-3968) to make a request. Examples of alternate formats
may include large print, electronic, Braille, audiocassette, etc. 9
City of Golden Valley BZA Special Meeting
September 9, 2019 — 7 pm
Zimmerman referred to a location map of the properties and explained the Code requirements regarding
outdoor lighting. He stated that the Code has three key criteria that apply to lighting in auto sales lots.
The maximum amount of light anywhere on the lot is 20 footcandles, the maximum to minimum light
ratio must not exceed 30:1, and the light trespass at the property lines must be 0.5 footcandles or less.
Zimmerman added that the definition for footcandle is a unit of illumination equivalent to the light
produced by one candle at a distance of one foot.
Zimmerman stated that the applicant has submitted an amended lighting plan that meets the 30:1
min/max ratio, and meets the 20 footcandle maximum, but exceeds the light trespass amount on all of
the property lines rather than just the north property line as originally requested. He stated that the
applicant has asked for amended variances as follows:
• 3.5 footcandles more than the allowed 0.5 footcandles for a total of 4.0 footcandles along the
north property line.
• 3.4 footcandles more than the allowed 0.5 footcandles for a total of 3.9 footcandles along the
east property line.
• 4.1 footcandles more than the allowed 0.5 footcandles for a total of 4.6 footcandles along the
south property line.
• 2.7 footcandles more than the allowed 0.5 footcandles for a total of 3.2 footcandles along the
west property line.
Zimmerman referred to the staff analysis and said that adequate lighting in an auto lot is a reasonable
use and due to the location the essential character of the area will not be altered. Also, the unique
circumstances include that the PUD allowed parking to directly abut the north property line and that
minimal separation between the property lines and the parking areas to the east, south and west
provide additional challenges. He stated that staff is recommending approval of the requested variances.
Linda McGinty, Luther Auto, Applicant thanked staff and the Board for recognizing the importance of
following protocol and for having a special meeting for their proposal.
Nelson opened the public hearing. Seeing and hearing no one wishing to comment, Nelson closed the
public hearing.
Zimmerman stated that the lighting in this proposed plan is vastly reduced from what was originally
approved with the PUD.
Perich said he agrees with the staff analysis and that he thinks the proposal meets all the criteria the
Board uses when considering variance requests.
Pock agreed with Perich and added that the Board had a robust discussion about the applicant's
proposal at their last meeting and she agrees with the staff analysis.
City of Golden Valley BZA Special Meeting
September 9, 2019 — 7 pm
MOTION made by Perich, seconded by Pock) to approve the following variance requests to allow
for more than the maximum amount of illumination allowed at the property lines at 8805 and
8905 Wayzata Blvd. and the motion carried unanimously.
• 3.5 footcandles more than the allowed 0.5 footcandles for a total of 4.0 footcandles along the
north property line.
• 3.4 footcandles more than the allowed 0.5 footcandles for a total of 3.9 footcandles along the
east property line.
• 4.1 footcandles more than the allowed 0.5 footcandles for a total of 4.6 footcandles along the
south property line.
• 2.7 footcandles more than the allowed 0.5 footcandles for a total of 3.2 footcandles along the
west property line.
Adjournment
MOTION made by Nelson, seconded by Perich and the motion carried unanimously to adjourn the
meeting at 6:42 pm.
Nancy Nelson, Chair
Lisa Wittman, Administrative Assistant
Bassett Creek Watershed Management Commission
Minutes of Regular Meeting
Thursday, August 15, 2019
8:30 a.m.
Golden Valley City Hall, Golden Valley MN
1. CALL TO ORDER and ROLL CALL
On Thursday, August 15, 2019 at 8:33 a.m. in the Council Conference Room at Golden Valley City Hall (7800 Golden Valley
Rd.), Chair Prom called the meeting of the Bassett Creek Watershed Management Commission (BCWMC) to order.
Commissioners and city staff present:
City
Commissioner
Alternate Commissioner
Technical Advisory Committee
Members (City Staff)
Crystal
Dave Anderson
Vacant Position
Absent
Golden Valley
Stacy Harwell (Treasurer)
Jane McDonald Black
Eric Eckman
Medicine Lake
Clint Carlson
Gary Holter
Susan Wiese
Minneapolis
Michael Welch (Vice Chair)
Vacant Position
Absent
Minnetonka
Mike Fruen
Absent
Absent
New Hope
Absent
Pat Crough
Megan Hedstrom
Plymouth
Jim Prom (Chair)
Catherine Cesnik
Ben Scharenbroich
Robbinsdale
Vacant
Absent
Marta Roser, Richard McCoy
St. Louis Park
Jim de Lambert (Secretary)
Absent
Erick Francis
Administrator
Laura Jester, Keystone Waters
Engineer
Karen Chandler, Barr Engineering
Recorder
Absent
Legal Counsel
Dave Anderson, Kennedy & Graven
Presenters/
Guests/Public
2. CITIZEN FORUM ON NON -AGENDA ITEMS
No citizens present.
BCWMC August 15, 2019 Meeting Minutes
3. APPROVAL OF AGENDA
MOTION: Commissioner de Lambert moved to approve the agenda. Commissioner Welch seconded the motion. Upon a
vote, the motion carried 8-0. [city of Robbinsdale was absent from the vote.]
4. CONSENT AGENDA
The following items were approved as part of the consent agenda: July 18, 2019 Commission meeting minutes, acceptance
of the August 2019 financial report, payment of invoices
The general and construction account balances reported in the August 2019 Financial Report are as follows:
Checking Account Balance $ 628,988.23
TOTAL GENERAL FUND BALANCE
$ 628,988.23
TOTAL CASH & INVESTMENTS ON -HAND (08/07/19)
$ 4,301,843.44
CIP Projects Levied — Budget Remaining
$ (4,634,246.12)
Closed Projects Remaining Balance
$371,977.55
2012-2017 Anticipated Tax Levy Revenue
$7,330.29
2018 Anticipated Tax Levy Revenue
$8,770.47
Anticipated Closed Project Balance
$388,078.31
MOTION: Commissioner de Lambert moved to approve the consent agenda. Commissioner Carlson seconded the motion.
Upon a vote, the motion carried 8-0. [City of Robbinsdale was absent from the vote.]
S. BUSINESS
A. Consider Approval of Proposal to Prepare Feasibility Study for Mt. Olivet Stream Stabilization Project and Parkers Lake
Drainage Improvement Project (2021 CIP Projects ML20 & PL-7)
Commission Engineer Chandler reminded commissioners that the 5-year CIP approved in April includes three projects scheduled
to start in 2021 including the Parkers Lake Drainage Improvement Project and the Mt. Olivet Stream Restoration Project. She
noted that feasibility studies for these projects should begin this fall. Ben Scharenbroich, from the City of Plymouth, noted that
both of these projects are in Plymouth and that they are both identified as city CIP projects for implementation in 2021/2022. He
noted the projects will address water quality as well as flooding concerns.
Commissioner Welch asked if there is a change in protocol. Scharenbroich replied no. Engineer Chandler added that both
projects have stream restoration components. Specifically, she noted the Mt. Olivet project is straightforward, although it may
have considerable impact on trees. She noted the Parkers Lake project also looks beyond drainage improvement to reducing
chlorides, improving ponds and/or using stormwater reuse. She noted there are more options to research with the Parkers Lake
project. Engineer Chandler also reported that chloride levels are very high in Parkers Lake and that there is significant loading
from the subwatershed where this project will take place.
Page 2 of 6
BCWMC August 15, 2019 Meeting Minutes
Engineer Chandler walked through the proposal to develop the feasibility study, noting it would include: wetland delineations, a
desktop environmental review, a stream survey, topography and utility surveys, and a tree survey.
There was discussion about how the Mt. Olivet project has some private property in the project area and that an easement
would be needed and that there is already a partial easement for drainage and utility. It was noted the Mt. Olivet project is in
Chair Prom's city council ward.
Staff noted that separate public meetings and open houses would be held for each project. Mr. Scharenbroich stated that the
city plans to get a lot of input from residents early in the process and will include before and after pictures of the Plymouth Creek
and the Elm Creek Restoration Projects.
[Alternate Commissioner McDonald Black arrives.]
Commissioner Welch added that this would be a good opportunity to engage and educate Mt. Olivet and adjacent apartments
about chloride management. Mr. Scharenbroich agreed and added that it is standard practice for the city to talk about chlorides
during projects like these.
Engineer Chandler clarified that chloride reduction options will be researched with the Parkers Lake project rather than the Mt.
Olivet project. There was some discussion about possible capital projects to address chlorides, such as winter maintenance
equipment. Commissioner Welch noted that it still makes sense to try to address chlorides near Mt. Olivet since the Commission
will be working in the area.
MOTION: Alternate Commissioner Crough moved to approve the preparation of a feasibility study for the Mt. Olivet Stream
Stabilization Project and Parkers Lake Drainage Improvement Protect (2021 CIP Projects ML20 & PL-7). Commissioner Carlson
seconded the motion. Upon a vote, the motion carried 8-0. [City of Robbinsdale was absent from the vote.]
B. Review 2019 Operating Budget Status
Administrator Jester reviewed current expenses and expected future expenses for the second half of the year, noting the
Commission is in good financial standing and is likely to remain within the budget overall and within most budget lines. She
noted the exception is work in the "non-fee/preliminary reviews" line item, which includes larger non -fee review projects such as
Southwest LRT, Blue Line LRT, and when developers or cities request information or get questions answered about
pending/possible development before an application and review fee is submitted. She noted that much of that budget line is
offset by revenues from agreements with the Met Council for reimbursement on work regarding the light rail projects. It also
includes the Commission Engineer's costs for the Bassett Creek Valley study, most of which will be reimbursed by the City of
Minneapolis.
C. Set 2020 Operating Budget
Administrator Jester noted that at the June meeting, the Commission approved a proposed 2020 operating budget of $669,450
which included a 4.5% increase in city assessments over 2019 levels, assumed $7,500 in MAWD dues, and included funds to fully
fund development of the 2025 Watershed Plan over the next 6 years. She reported the proposed budget was sent to cities on
June 21" for review and comment by August 1't and that no comments were received from cities. Administrator Jester reported
that in July the MAWD Board set 2020 member dues for WMOs at $500 rather than the anticipated $7,500. She further
reviewed her recommended revised 2020 budget noting that the total budget was reduced to $662,450 and the "extra" $7,000
was split by lowering total city assessments by $3,500 (to 3.9% over 2019 levels) and lowering the amount of fund balance used
by $3,500.
MOTION: Commissioner Prom moved to approve the 2020 operating budget as presented. Commissioner Welch seconded the
motion. Upon a vote, the motion carried 8-0. [City of Robbinsdale was absent from the vote.]
Page 3 of 6
BCWMC August 15, 2019 Meeting Minutes
D. Consider 2020 Capital Improvement Implementation Options
Administrator Jester noted that typically, the Commission enters agreements with member cities for the implementation (design,
construction, on -going maintenance) of its capital improvement projects after the Commission holds a public hearing and
officially orders the project. She noted that as in typical years, the hearing will be held at the September meeting and then a
resolution ordering the projects will be considered for approval. She reported that for three of the four 2020 CIP projects, the
Commission is being asked to consider a few different circumstances regarding implementation:
Bryn Mawr Meadows Water Quality Improvement Project: MPRB to Implement; Consider Applying for Clean Water
Fund Grant
Administrator Jester reported that the City of Minneapolis and the Minneapolis Park and Recreation Board (MRPB)
believe that since there will be close coordination between this CIP project and the park's reconstruction project, the
MPRB is the appropriate agency to enter into an agreement with BCWMC. She noted that the Commission's legal
counsel agrees that the Joint Powers Agreement allows the Commission to enter into such an agreement. She further
noted that the City and MPRB would enter into a separate agreement for the long-term operations and maintenance
of the BCWMC's CIP project.
Administer Jester recommended approval to proceed with agreement negotiations with the MPRB for this project.
Commissioner Welch remarked it is a good idea to contract with the MPRB, but the project may need more oversight
of the design and construction and changes that may come up. He further added that the Commission's standard
agreement may need to be bolstered to anticipate more engagement and oversight by the Commission during design
and construction. Commissioner Welch further recommended that the maintenance agreement between the city and
the MPRB clearly outline maintenance obligations and that the agreement should be secured before the BCWMC
enters into an agreement with the MPRB. He noted that any change orders to construction plans should come to the
commission engineer.
There was further discussion about language in the agreement regarding changes to the design or construction
specifications. It was noted that perhaps the MPRB would not be reimbursed for work resulting from unapproved
change orders and that the Commission's "eligible project costs" are already set in policy.
Engineer Chandler communicated that construction change orders are typically minor—e.g., changes in quantities,
and that big design changes should be caught by the 90% plan designs. She noted the Commission won't want to see
every change order because it would just burden the process.
Alternate Commissioner Cesnik suggested that one way to address this may be to have skin in the game and
contribute to cost sharing. For instance, Elm Creek Watershed Management Commission only covers 25% of project
costs.
Administrator Jester understood there was consensus to move ahead with contracting with the MPRB and that staff,
including legal counsel, should make changes to the agreement language regarding change orders. There was further
discussion on various ideas for levels of change orders and the person(s) to sign off on changes, the language needed
in the agreement, construction oversight, and the Commission's relationship with the MRPB.
Welch clarified that he agreed with Eckman. We don't have to review every change, the BCWMC just needs to make
sure we get what we set out to build and pay for. This is public money and we need to be very careful.
MOTION: Commissioner Welch moved to enter into an agreement directly with the Minneapolis Park and Rec Board
(MPRB) and engage with the City of Minneapolis on timing of the maintenance agreement with the MPRB and for the
facilities to be constructed. Administrator Jester was directed to work with the BCWMC Attorney to add language for
Commission oversight on materials and design changes. Commissioner Prom seconded the motion. Upon a vote, the
motion carried 8-0. [City of Robbinsdale was absent from the vote.l
BCWMC staff recommended that the BCWMC apply for Clean Water Fund grant money for this project because it will
likely score well due to the partnerships involved, water quality improvements expected, a completed feasibility
Page 4 of 6
BCWMC August 15, 2019 Meeting Minutes
study, and the educational opportunities. Grant application materials are attached. Grant applications are due
September 9th. There was consensus to apply for the grant.
Sweeney Lake Water Quality Improvement Project: Request for Commission to Implement
Administrator Jester noted that because this project doesn't include any structural components that would require
long-term maintenance, and given the Commission Engineer's experience with the Schaper Pond carp study and the
Twin Lake alum treatment, she and Golden Valley staff recommend that the Commission implement this project
rather than entering into an agreement with the city.
MOTION: Commissioner Carlson moved that the Commission implement the Sweeney Lake Water Quality
Improvement project. Commissioner Harwell seconded the motion. Upon a vote, the motion carried 8-0. [City of
Robbinsdale was absent from the vote.]
iii. Jevne Park Water Quality Improvement Project: Requests from City of Medicine Lake
Administrator Jester reported that she attended the August 5th Medicine Lake City Council meeting where the city's
consultant gave an overview of the project (with the same slides and information as previously presented by the
Commission Engineer to the council), and presented the concerns of the city's Public Works Superintendent, Chris Klar
(a member of the CIP Project Team). She noted that residents attending the meeting also weighed in with their
concerns about impacts of the project on roads and adjacent properties. She noted the council passed a motion to
proceed with negotiation of the Jevne Park project contract with the BCWMC with the goal of having the project be
"cost neutral" to the city (meaning no costs to the city, including buffer maintenance, for at least 10 years).
There was some discussion on timing of agreements. Administrator Jester reported that typically, the agreement is
approved at the September Commission meeting, after the public hearing and along with officially ordering the
project. Commissioner Welch noted that the project could still be ordered at the September meeting and an
agreement approved later.
Commissioner Carlson commented that the Medicine Lake City Council voted 4-1 in favor of moving ahead with the
project. There was discussion about discrepancies between the feasibility study estimates for buffer maintenance
expenses and estimates calculated by Mr. Klar. Mr. Scharenbroich added that the City of Plymouth does a lot of
contracting for vegetation maintenance and it's possible there could be a joint contract with the City of Medicine Lake
to bring down costs. Mr. Eckman added that there are economies of scale with larger contracts and that Golden
Valley pays about $1,500/acre for vegetation maintenance.
Commissioner Welch remarked that it is fundamentally problematic to force a project onto a city and that
representation from the city is needed to alleviate concerns. It was suggested that Commissioners Prom, Welch, and
de Lambert, along with Mr. Scharenbroich could help with negotiations. Chair Prom had concerns about the
Commission's liability and impacts to residents and he wished to better understand the city's concerns.
There was further discussion about buffer maintenance options. There was general consensus that maintenance for
this project should not be considered differently than other Commission CIP projects.
Commission staff was directed to continue negotiating with the city.
E. Discuss Request for Resolutions from Minnesota Association of Watershed Districts
[Harwell departs. McDonald Black becomes Golden Valley voting member.]
Administrator Jester noted that at the July meeting, the Commission considered this request from MAWD for possible
resolutions. The Commission asked for time to think about resolutions and for this item to be revisited at this meeting.
Resolutions are due September 1st. Neither staff not commissioners had recommended resolutions to submit.
Page 5 of 6
BCWMC August 15, 2019 Meeting Minutes
F. Discuss Holding Monitoring Workshop vs. Having Monitoring Committee
Administrator Jester stated that because the monitoring budget is a large part of the overall budget, it makes sense to examine
and better understand the reasons for the Commission's monitoring program, where gaps in monitoring exist, etc. She reviewed
options for performing a review of the Commission's monitoring program including holding a three-hour workshop with the
whole Commission, creating a committee (3 two-hour meetings estimated), or requesting TAC review first.
Commissioner de Lambert said he does a lot of monitoring professionally and that he could participate. He noted that it is a very
technical topic and a workshop may not work, noting he is leaning toward developing a committee, although they take time and
commitment. Commissioner Welch recommended the TAC should look at it first and then possibly hold a two-hour workshop for
the Commission. Alternate Commissioner McDonald Black remarked that it makes sense to address this from a budget
perspective and to invite de Lambert to the TAC meeting.
Commissioner de Lambert and Chair Prom supported Welch's idea for the TAC to review the topic first. Chair Prom further stated
that it is an important budget matter and that Commission members should understand it as well as they can.
6. COMMUNICATIONS
A. Administrator's Report
i. The Bassett Creek Valley Study is continuing. A design charrette was held a couple weeks ago; meeting notes
are available if anyone is interested.
ii. Volunteers are needed for two Golden Valley events. Commissioner Welch indicated he could staff the display
at the Arts and Music Festival.
iii. Former Chair Linda Loomis asked for the Commission to be present at Sustainability Day which is held in
conjunction with the farmers' market on Sunday September 29th.
B. Chair
The alum treatment on Bass Lake [in the Shingle Creek watershed] worked great at first, but then plants grew
quickly and died off, so the algae is back. A harvester may be needed to remove plants. Sweeney Lake may
have similar conditions.
C. Commissioners
i. Commissioner Welch reported that carnivorous plants (bladderwort) were discovered in Wirth Lake. He also
reported that MAWD is strategizing to address anti -watershed district lobbying.
ii. Alternate Commissioner Crough requested adding commission positions (chair, vice chair, etc.) to minutes.
iii. Commissioner Carlson shared that Medicine Lake is celebrating their 751" anniversary on September 8 from 2-4
p.m. at the Hutton house. Susan Wiese will send the invitations to Administrator Jester so she can forward
them on to commissioners.
D. TAC Members
Mr. Scharenbroich reported that Plymouth plans to complete a full survey of the Medicine Lake dam. They are
also coordinating high water and no wake times.
E. Committees -Nothing to report
F. Legal Counsel — Nothing to report
G. Engineer
i. MTD update: working on revising requirements documents and project review application.
7. INFORMATION ONLY (Information online only)
A. Administrative Calendar
B. CIP Project Updates http://www.bassettcreekwmo.org/projects
C. Grant Tracking Summary and Spreadsheet
D. Letter to MPCA on Manufactured Treatment Devices
8. ADJOURNMENT
The meeting adjourned at 10:23 a.m.
Signature/Title Date
Page 6 of 6
city of EX1:C1-,JT1111P SUMMARY
ldengo .� Administration
wall� City
763-593-8006 / 763-593-8109 (fax)
Golden Valley City Council Meeting
October 2, 2019
Agenda Item
3. E. Accept Resignation from Environmental Commission
Prepared By
Tim Cruikshank, City Manager
Summary
Commissioner Lynn Gitelis has submitted her resignation from the Environmental Commission.
Financial Or Budget Considerations
Not applicable
Recommended Action
Motion to accept the resignation of Lynn Gitelis from the Environmental Commission.
ciQ0 EXECUTIVE SUMMARY
golden, Administrative Services
vaii-
763-593-8013 / 763-593-3969 (fax)
Golden Valley City Council Meeting
October 2, 2019
Agenda Item
3. F. Receipt of August 2019 Financial Reports
Prepared By
Sue Virnig, Finance Director
Summary
The monthly financial report provides a progress report of the following funds:
General Fund Operations
Conservation/Recycling Fund (Enterprise Fund)
Water and Sewer Utility Fund (Enterprise Fund)
Brookview Golf Course (Enterprise Fund)
Motor Vehicle Licensing (Enterprise Fund)
Storm Utility Fund (Enterprise Fund)
Equipment Replacement Fund (Capital Projects Fund)
Brookview Center (Special Revenue Fund)
Human Services Commission (Special Revenue Fund)
Building Improvement Fund (Capital Projects Fund)
Park Improvement Fund (Capital Projects Fund)
Financial Or Budget Considerations
As of August 2019, the City of Golden Valley General Fund has used $1,654,939 of fund balance to
balance the General Fund Budget.
Recommended Action
Motion to receive and file the August 2019 Financial Reports.
Supporting Documents
• August 2019 General Fund (2 pages)
• August 2019 Conservation/Recycling Fund (1 page)
• August 2019 Water and Sewer Utility Fund (1 page)
• August 2019 Brookview Golf Course (1 page)
• August 2019 Motor Vehicle Licensing (1 page)
• August 2019 Storm Utility Fund (1 page)
• August 2019 Equipment Replacement Fund (1 page)
• August 2019 Brookview Center Fund (1 page)
City Council Regular Meeting Executive Summary
City of Golden Valley
October 2, 2019
August 2019 Human Services Commission (1 page)
August 2019 Building Improvement Fund (1 page)
August 2019 Park Improvement Fund (1 page)
City of Golden Valley
Monthly Budget Report - General Fund Expenditures
Auaust 2019 (unaudited)
Over
%
2019
August
YTD
(Under)
Of Budget
Division
Budget
Actual
Actual
Budget
Expend.
001
Council
$384,145
16,150
212,950
($171,195)
55.43%
003
City Manager
921,015
66,659
478,261
(442,754)
51.93%
004
Transfers Out
2,207,580
0
2,207,580
0
100.00% (1)
005
Admin. Services
2,076,945
401,064
1,401,864
(675,081)
67.50% (3)
006
Legal
183,340
15,238
114,464
(68,876)
62.43%
007
Risk Management
310,000
4,718
242,726
(67,274)
78.30% (4)
011
General Gov't. Bldgs.
728,980
72,285
475,082
(253,898)
65.17%
016
Planning
421,025
25,970
215,074
(205,951)
51.08% (3)
018
Inspections
917,925
72,989
553,206
(364,719)
60.27%
022
Police
6,545,850
413,014
3,663,688
(2,882,162)
55.97%
023
Fire
1,579,315
88,811
882,466
(696,849)
55.88% (2)
035
Physical Dev Admin
316,110
22,367
188,674
(127,436)
59.69%
036
Engineering
774,905
56,266
428,366
(346,539)
55.28%
037
Streets
1,849,530
159,723
1,340,227
(509,303)
72.46% (2)
066
Park & Rec. Admin.
815,695
61,777
505,105
(310,590)
61.92%
067
Park Maintenance
1,312,805
106,062
782,148
(530,657)
59.58% (2)
068
Recreation Programs
404,850
43,143
199,091
(205,759)
49.18%
TOTAL Expenditures
$21,750,015
$1,626,236
$13,890,972
($7,859,043)
63.87%
(1) Transfers were made in June, 2019
(2) 2019 Budget Adjustment-$13,440-Fire $5,440; Street-$4,000; Park-$4,000 3-19-19
(3) 2018 Positive Performance Amended-$35,000 Planning- Downtown Study Scope; IT-$10,000 Scanning
(4) Dividend will be sent in December.
City of Golden Valley
Monthly Budget Report - General Fund Revenues
Auaust 2019 (unaudited)
Percentage Of Year Completed
66.67%
Over
%
2019
August
YTD
(Under)
of Budget
Type
Budget
Actual
Actual
Budget
Received
Ad Valorem Taxes
$18,450,845
0
9,579,291
($8,871,554)
51.92% (1)
Licenses
212,030
19,360
240,220
$28,190
113.30%
Permits
887,960
108,769
870,838
($17,122)
98.07%
State Grants/Aid
15,190
85,260
113,406
$98,216
746.58% (2)
Charges For Services:
General Government
25,250
2,860
16,929
($8,321)
67.05%
Public Safety
163,500
17,088
179,811
$16,311
109.98%
Public Works
167,300
14,736
141,895
($25,405)
84.81 %
Park & Rec
416,500
44,738
258,291
($158,209)
62.01 %
Other Funds
691,500
77,783
517,804
($173 696)
74.88%
Fines & Forfeitures
340,000
21,981
157,217
($182,783)
46.24% (3)
Interest On Investments
100,000
0
0
($100,000)
0.00% (4)
Miscellaneous Revenue
191,500
16,928
140,331
($51,169)
73.28%
Transfers In
30,000
2,500
20,000
($10,000)
66.67% (5)
TOTAL Revenue
$21,691,575
$412,003
$12,236,033
($9,455,542)
56.41%
Notes:
(1) Payments are received in July, December, and January (delinquencies). This does not include
any petition settlements.
(2) Police Training will be paid in August. Safe and Sober is billed on time spent.
No LGA in 2019. Fire Grants were available. Most grants are reeived in other funds.
(3) Fines/Forfeitures are thru for July 2019.
(4) Investment income is allocated at year end.
(5)Transfers are monthly.
City of Golden Valley
Monthly Budget Report - Conservation/Recycling Enterprise Fund
August 2019 (unaudited)
Over
2019
August
YTD
(Under)
Budget
Actual
Actual
Budget
Current
Revenue
Hennepin County Recycling Grant 41,545
0
41,375
(170)
99.59%
(4)
Recycling Charges
409,105
28,787
234,402
(174,703)
57.30%
(2)
Miscellaneous Revenues
8,000
35
141
(7,859)
(5)
Interest on Investments
4,000
0
0
(4,000)
0.00%
(1)
Total Revenue
462,650
59.64%
28,822
275,918
(186,732)
Expenses:
Recycling
501,695
50,389
280,029
(221,666)
55.82%
(3)
Total Expenses
501,695
55.82%
50,389
280,029
(221,666)
(1) Interest Earnings are allocated at year-end.
(2) Includes utility billings thru August 2019.
(3) This includes the recycling services thru July 2019.
(4) Grant reduced due to no compost program.
(5) Includes Home Good curbside pickup rebate thru June.
Further information about projects and financing are located in the 2019-2023 CIP and 2019-2020 Budget.
Revenue
Expenses:
City of Golden Valley
Monthly Budget Report - Water and Sewer Utility Enterprise Fund
August 2019 (unaudited)
Water Charges
Emergency Water Supply
Sewer Charges
Meter Sales
Penalties
Charges for Other Services
State Water Testing Fee Pass Through
Sale of Assets
Franchise Fees
Certificate of Compliance
Interest Earnings
Total Revenue
Utility Administration
Sewer Maintenance
Water Maintenance
Over
2019 August YTD (Under) %
Budget Actual Actual Budget Current
5,081,725
543,005
2,996,897
(2,084,828)
58.97%
183,080
23,636
130,003
(53,077)
71.01%
3,910,000
399,497
2,685,079
(1,224,921)
68.67%
20,000
1,800
12,670
(7,330)
63.35%
130,000
16,511
124,756
(5,244)
95.97%
100,000
15,466
213,037
113,037
213.04%
46,000
4,059
31,502
(14,498)
68.48%
10,000
0
0
(10,000)
0.00%
1,500,000
0
0
(1,500,000)
0.00%
75,000
6,900
48,700
(26,300)
64.93%
25,000
0
0
(25,000)
0.00%
11,080,805
1,010,874
6,242,644
(4,838,161)
56.34%
3,260,675 216,131 1,448,125 (1,812,550) 44.41% (1)
3,340,720 421,716 2,511,057 (829,663) 75.17%
4,799,400 384,218 2,626,658 (2,172,742) 54.73%
Total Expenses 11,400,795 1,022,065 6,585,840 (4,814,955) 57.77%
(1) Depreciation is allocated at year-end.
Further information about projects and financing are located in the 2019-2023 CIP and 2019-2020 Budget.
City of Golden Valley
Monthly Budget Report - Brookview Golf Course Enterprise Fund
August 2019 (unaudited) Course opened April 4
Over
2019
August
YTD
(Under)
%
Budget
Actual
Actual
Budget
Current
Revenue
Green Fees
900,000
164,080
674,930
(225,070)
74.99%
Driving Range Fees
170,000
27,754
144,733
(25,267)
85.14%
Par 3 Fees
155,000
34,392
142,622
(12,378)
92.01%
Lawn Bowling
80,000
20,532
65,587
(14,413)
81.98%
Pro Shop Sales
80,000
12,968
69,158
(10,842)
86.45%
Pro Shop Rentals
300,000
57,991
225,213
(74,787)
75.07%
Concession Sales
1,570,000
241,753
1,110,750
(459,250)
70.75%
Other Revenue
122,000
12,648
102,637
(19,363)
84.13%
Interest Earnings
5,000
0
0
(5,000)
0.00% (1)
Less: Credit Card Charges/Sales Tax
0
0
0
Total Revenue
3,382,000
572,118
2,535,630
(846,370)
74.97%
Expenses:
Golf Operations
755,010
83,763
477,310
(277,700)
63.22% (2)
Course Maintenance
850,740
72,242
524,941
(325,799)
61.70%
Pro Shop
122,500
13,696
107,989
(14,511)
88.15%
Grill
1,349,800
168,921
945,216
(404,584)
70.03%
Driving Range
51,590
7,158
46,705
(4,885)
90.53%
Par 3 Course
35,710
5,150
22,436
(13,274)
62.83%
Lawn Bowling
15,400
4,023
12,104
(3,296)
78.60%
Total Expenses
3,180,750
354,953
2,136,701
(1,044,049)
67.18%
(1) Interest Earnings are allocated at year-end.
(2) Depreciation is allocated at year-end.
Further information about projects and financing are located in the 2019-2023 CIP and 2019-2020 Budget.
Fund Balance should be a minimum of $1,693,550 (6 months reserve).
Revenue
City of Golden Valley
Monthly Budget Report - Motor Vehicle Licensing Enterprise Fund
August 2019 (unaudited)
Interest Earnings
State Aid -MNLARS
Charges for Services
Total Revenue
Expenses:
Motor Vehicle Licensing
Total Expenses
(1) Interest Earnings are allocated at year-end.
Over
2019
August
YTD
(Under)
%
Budget
Actual
Actual
Budget
Current
3,000
0
0
(3,000)
0.00% (1)
0
0
126,926
126,926
464,515
42,558
323,532
(140,983)
69.65%
467,515
42,558
450,458
(17,057)
96.35%
446,080
33,825
267,949
(178,131)
60.07%
446,080
33,825
267,949
(178,131)
60.07%
City of Golden Valley
Monthly Budget Report - Storm Utility Enterprise Fund
August 2019 (unaudited)
Over
2019 August YTD (Under) %
Budget Actual Actual Budget Current
Revenue
Interest Earnings
50,000
0
0
(50,000)
0.00%
(1)
Interest Earnings -Other
0
0
0
0
Henn County Grant-Decola
0
0
670,000
670,000
(6)
State DNR Grant
2,300,000
115,903
115,903
(2,184,097)
(6)
Storm Sewer Charges
2,475,000
209,446
1,595,054
(879,946)
64.45%
Hennepin County
500,000
0
0
Bassett Creek Watershed
1,031,500
0
41,207
(990,293)
(5)
Miscellaneous Receipts
330,830
0
0
(330,830)
Sale or Loss of Assets
0
0
0
0
Total Revenue
6,687,330
325,349
2,422,164
(4,265,166)
36.22%
Expenses:
Storm Utility
5,913,815
105,967
915,769
(4,998,046)
15.49% (2) (3)
Street Cleaning
130,815
6,363
58,471
(72,344)
44.70%
Environmental Control
402,605
18,428
179,598
(223,007)
44.61%
Debt Service Payments
63,950
0
63,500
(450)
0.00%
(3)
Total Expenses
6,511,185
130,758
1,217,338
(5,293,847)
18.70%
(4)
(1) Interest Earnings are allocated at year-end.
(2) Depreciation is allocated at year-end and.
(3) Debt service payments and Medicine Lake Rd Improvements will be reimbursed by TIF.
(4) Reserves are being used that were planned.
(5) Bassett Creek Watershed Coomission reimbursed the City for a 2019 projects.
(6) DNR Grant for Decola Ponds B/C.
Further information about projects and financing are located in the 2019-2023 CIP and 2019-2020 Budget.
2019 Equipment Replacement Fund (CIP) - Fund 5700
2019
August
YTD
Budget
Total
Actual
Remaining
Revenues:
Sale of Assets
35,000
49,049
148,689
113,689
General Fund Transfer
100,000
0
100,000
0
VOTF Transfer
10,000
0
10,000
0
Miscellaneous Receipts
0
27,645
27,645
Interest Earnings (allocated at year end)
23,538
0
0
(23,538)
Total Revenues
168,538
49,049
286,334
117,796
Expenditures:
Program #
Project Number
Project Name
5701
V&E-001
Marked Squad Cars (Police)
80,000
0
0
80,000
5702
V&E-002
Computers and Printers (Finance)
95,000
5,415
90,982
4,018
5703
V&E-003
Drone (Police)
10,000
0
10,449
(449)
5720
Fire Hose
0
0
12,480
(12,480)
5760
Fire Apparatus (2018 Approved)
0
0
47,168
(47,168)
5772
V&E-033
Skylift
40,000
0
11,004
28,996
5791
V&E-022
Pickup Truck (Fire)
40,000
0
34,352
5,648
5742
V&E-106
Polaris 6 X 6 (Fire)
15,000
24,328
24,328
(9,328)
5768
V&E-107
Utility Truckster (Park)
55,000
0
54,947
53
V&E-109
Single Axle Dump Truck (Street)
230,000
0
0
230,000
5768
V&E-116
Bobcat Toolcat
4,500
54,049
54,050
(49,550)
5741
V&E-133
800 MHZ Radios (Public Works Maintenance)
100,000
0
115,285
(15,285)
V&E-135
Body Cameras/Dash Cams/Software (Police)
24,070
0
0
24,070
5715
V&E-141
Pickup Truck (Park)
35,000
0
37,100
(2,100)
5754
V&E-116
Skid Steer Loader (Street)
5,000
0
52,445
(47,445)
V&E-156
Trailer (Fire)
5,000
0
0
5,000
Total Expenditures
738,570
83,792
544,590
236,425
(1) Computers are replaced every 4-5 years and purchased throughout the year based on available time.
(2) In 2019, monies were transferred for a purchase of a drone from the VOTF Fund.
Further information about projects and financing are located in the 2019-2023 CIP and 2019-2020 Budget.
(3) Selling the Fire Engine at more than expected allowed the Fire Department to purchase hose.
(4) The trade-in is included in Sale of Assets for $47,945.
(5) The trade-in is included in Sale of Assets for $49,049.
(3)
(2)
City of Golden Valley
Monthly Budget Report - Brookview Center Special Revenue Fund
August 2019 (unaudited)
Over
2019
August
YTD
(Under)
Budget
Actual
Actual
Budget
Current
Revenue
Brookview CC Rentals
158,000
30,092
156,139
(1,861)
98.82%
Backyard Play Area
230,000
11,131
156,831
(73,169)
68.19%
Miscellaneous Revenues
1,500
0
0
(1,500)
0.00%
Interest on Investments
0
0
0
0
(1)
Total Revenue
389,500
41,223
312,970
(76,530)
80.35%
Expenses:
General Area Rooms
327,780
24,047
196,833
(130,947)
60.05% (2)
Indoor Play Area
74,620
1,651
28,164
(46,456)
37.74%
Total Expenses
402,400
25,698
224,997
(177,403)
55.91%
(1) Interest Earnings are allocated at year-end.
(2) Staff Time/Supplies for Brookview Rental
City of Golden Valley
Monthly Budget Report - Human Services Commission
August, 2019 (unaudited)
Revenue
Pull Tab (10%) Revenues
Fundraisers
Interest on Investments
Total Revenue
Expenses:
Supplies
Allocations
Total Expenses
Over
2019 August YTD (Under)
Budget Actual Actual Budget Current
30,000
2,879
25,101
(4,899)
83.67%
(3)
30,000
2,580
26,871
(3,129)
89.57%
(4)
700
0
0
(700)
0.00%
(1)
85.62%
60,700
5,459
51,972
(8,728)
17,100
0
7,225
(9,875)
42.25%
(4)
75,000
6,225
54,168
(20,832)
72.22%
(2)
66.66%
92,100
6,225
61,393
(30,707)
(1) Interest Earnings are allocated at year-end.
(2) Allocations in 2019 are $75,000.
(3) Pull Tab revenues are thru July.
(4) Solicitation Letters-$6,371-YTD; should be allocated to designation
(4) Run/Walk-10,495 YTD (net)
(4) Golf Tourney/Lawn Bowling -September-$2780
Fund Balance at 12/31/18 was $213,624.
2019 Building Improvement Fund (CIP) - Fund 5200
Revenues:
Transfer from General Fund
Interest Earnings (allocated at year end)
Total Revenues
Expenditures:
Project Name
5210 Replace Co -Vac Heating
5215 Installation of Building Security Systems
5208 Council Chambers Remodeling
5202 Public Buildings Roof Replacement
Total Expenditures
(1) Transfer was made in June.
2019 August YTD
Budget Total Actual Remaining
400,000 0 400,000 0 (1)
7,754 0 0 (7,754)
407,754 0 400,000 (7,754)
175,000
685
4,045
170,955
10,000
78
4,070
5,930
300,000
0
0
300,000
150,000
8,856
21,965
128,035
635,000
9,619
30,080
604,920
Revenues:
2019 Park Improvement Fund (CIP) - Fund 5600
2019
August
YTD
Budget
Total
Actual
Remaining
Transfer from General Fund
325,000
0
325,000
0
Park Dedication Fee
0
0
20,844
0
Hennepin County Youth Sports Grant
96,000
0
0
(96,000)
Little League/Youth Associations/Play Eq Grants
20,000
0
0
(20,000)
Other Donations
0
0
0
0
Interest Earnings (allocated at year end)
2,832
0
0
(2,832)
Total Revenues
443,832
0
345,844
(118,832)
Expenditures:
Project Name
5601
Bleacher, Etc Replacement
5602
Park Trail and Parking Lot Improvements
5603
Play Structure Replacement
5614
Ball Field Lighting
5615
Outdoor Basketball and Hoop Replacement
5620
Park Signage Replacement
5621
Tennis & Pickle Ball Court Resurfacing
Community Gardens
5608
Relamp Athletic Field and Rink Lights
5607
Dugout, Fence and Field Replacement
5622
Scoreboard Update/Replacement
Total Expenditures
25,000
0
25,688
(688)
90,000
0
0
90,000
60,000
21,119
59,802
198
0
0
3,480
(3,480)
23,000
2,395
11,960
11,040
10,000
1,399
10,471
(471)
15,000
0
13,867
1,133
30,000
0
0
30,000
25,000
1,822
24,393
607
55,000
7,066
34,650
20,350
25,000
0
30,906
(5,906)
358,000
33,801
215,217
142,783
Further information about projects and financing are located in the 2019-2023 CIP.
city of EX1:C1-JT11►F SUMMARY
ldengo .� Administration
wall� City
763-593-8006 / 763-593-8109 (fax)
Golden Valley City Council Meeting
October 2, 2019
Agenda Item
3. G. Board/Commission Appointments
Prepared By
Tim Cruikshank, City Manager
Summary
As opening in board and/or commissions and task forces arise, the City Council conducts interviews
with individuals who have applied to serve on them. After tonight's interviews are conducted, the
Council may decide to make appointments.
Financial Or Budget Considerations
Not applicable
city of EXECUTIVE SUMMARY
goldenio,Ph sical Develo ment
val e y P
763-593-8030 / 763-593-8109 (fax)
Golden Valley City Council Meeting
October 2, 2019
Agenda Item
3. H. Approval of Nine Month Extension for Conditional Use Permit 161— Retro Companies, Inc.
Prepared By
Jason Zimmerman, Planning Manager
Summary
On October 2, 2018, the City Council approved Conditional Use Permit 161 which authorized the
construction of a 24-hour comprehensive care Residential Facility for 22 individuals at 2429 Douglas Drive.
Delays in working with the contractor have triggered issues with the finance company. Additional time is
needed to resolve these issues and work is expected to commence in the late fall of 2019 or early spring of
2020.
Per City Code, construction and all other pertinent implementation relating to an approved conditional use
permit must begin within 12 months of the date that the permit is approved or the permit shall be deemed
null and void. The City Code also allows the City Council to grant an extension for a period of up to 12
months.
Staff recommends a 9-month extension to July 2, 2020, with the added condition that all site clean-up
remaining under the demolition permit issued on December 22, 2017, and extended on June 20, 2019,
must be completed by November 2, 2019. If the applicant does not comply with this condition, the City
Council may suspend or revoke the Conditional Use Permit under City Code § 113-30(I) ("The City Council
shall have the right to revoke or suspend any conditional use permit whenever the terms or conditions of
such permit have been violated or broken. All such action by the City Council to revoke or suspend
a conditional use permit shall be by means of a majority affirmative vote of City Council Members.")
Financial or Budget Considerations
Not applicable
Recommended Action
Motion to approve an extension until July 2, 2020, for Conditional Use Permit 161— 2429 Douglas Drive
North with the following condition:
1. All outstanding items documented in the letter sent to Retro Companies, Inc., by Joe Kauth,
Building Official, and dated May 10, 2019, shall be resolved prior to November 2, 2019.
City Council Regular Meeting Executive Summary
City of Golden Valley
October 2, 2019
Supporting Documents
• Location map (1 page)
• Letter from TCO Design dated September 11, 2019 (1 page)
• Conditional Use Permit 161 (2 pages)
• Order to Abate Nuisance and Notice of Intention to Abate (3 pages)
70
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2530
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2520
2511
2425 Douglas Dr N
2508
485
2
2510
m
2502 2501
2455
c�
c[3
2430 2445
2425
2435
Sandburg 2415
Athletic
2425
Facility
2410
2415
2400 6150
6140
P.O. Box 41790, Plymouth, MN 55441
Office 763-424-3676 cell 952-994-8276
todd@tcodesign.net
September 11, 2019
Re: Conditional Use Permit Extension for CUP-161
2425 Douglas Drive N (Formally 2429 Douglas Drive N)
Golden Valley, MN 55427
City of Golden Valley
Physical Development Department
7800 Golden Valley Road
Golden Valley, MN 55427
RETRO COMPANIES, INC.: Request for Conditional Use Permit Extension
On behalf of Retro Companies Inc., I am requesting an extension of their approved Conditional Use Permit to
build a new Residential Facility serving up to 22 persons at 2425 Douglas Drive N (formally 2429 Douglas
Drive N). They were slightly delayed in making progress with this project as they were involved with other
projects. Once they turned their focus back to this project, they decided to go with a different Contractor than
they were thinking originally. This delay and change of Contractor triggered issues with the finance company
they were considering. They are currently looking at a second option for their financing which has caused an
additional delay. They expect to resolve these issues this fall. This should then allow them to begin
construction either late fall or early spring.
I thank you in advance for your patience and understanding. Please let me know if you need anything else
from me or them.
Todd Ofsthun
TCO Design, 952-994-8276
Retro Companies Development Schedule
Fall, 2019 — Settle on financing and Contractor
Fall, 2019 — Building Permit Application
Fall, 2019 or Spring, 2020 — Begin Construction
Covu,vu,eraiaL Dra:KLW avol Ftovwe Desjgw
DedtcatwvL to exeei.l,ewae
(Top 3 inches reserved for recording data)
CITY OF GOLDEN VALLEY
CONDITIONAL USE PERMIT
No. 161
Date of Approval: October 2, 2018, by the City Council in accordance with
Sec. 11.10, Subd. 2 and Section 11.22 of City Code
Issued To: Retro Companies, Inc.
Approved Location: 2425 Douglas Drive North, Golden Valley, MN
Approved Conditional
Use: To allow for a 22 unit Senior and Transitional Care Facility in
the Moderate Density (R-2) Zoning District
Legal Description: The South 99.8 feet of the East 276.07 feet of the North Half
of Northeast Quarter of the Northeast Quarter of Section 29,
Township 118. Range 21, Hennepin County, Minnesota
Check here if all or part of the described real property is Registered (Torrens) ❑
Conditions of Approval:
1. The facility may serve up to 22 persons and shall maintain appropriate licensure
from the State of Minnesota.
2. All vehicle deliveries shall take place inside the boundaries of the property and
shall not take place on the street. Deliveries shall occur only between 8 am and 5
pm on weekdays and weekends.
3. The exterior dumpster shall be screened from view. The screening shall be made
of material compatible with the building.
4. The applicant shall submit an overflow parking plan to the City and no building
permit shall be issued until City staff has approved the parking plan.
5. All other applicable City rules and regulations must be followed.
This permit does not exempt the property owner or occupant from compliance
with all provisions of city code, or any other applicable regulations, laws, and
ordinances.
Page 2 of 2 Conditional Use Permit
City of Golden Valley, a Minnesota municipal corporation
M
n Zimr),rman, Planning Manager
State of Minnesota
ss
County of Hennepin
This instrument was acknowledged before me on ZZ- , 2018, by
Jason Zimmerman Planning Manager of the City of Golden Valley, a municipal
corporation.
(Stamp)
SUE SCHWALBE
Notary Public
Minnesota
My Commission Expires
Jan 31, 2022
THIS INSTRUMENT WAS DRAFTED BY:
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
(763) 593-8000
My commission expires: ( " 3/ c) (),Q
(month/day/year)
ORDER TO ABATE NUISANCE
AND
NOTICE OF INTENTION TO ABATE
May 10, 2019
Retro Companies, Inc. Village Bank
9705 45". Ave. N. Unit #421176 3530 Bridge Street NW
Plymouth, MN 55422-2529 St. Francis, MN 55070
Retro Companies, Inc. Village Bank
7434 93rd Street SW 9298 Central Avenue NE
Howard Lake, MN 55349 Blaine, MN 55434
Retro Companies, Inc.
2843 801h Street SW
Montrose, MN 55363
RE: 2425 Douglas Drive N., Golden Valley, MN
PID: 29-118-21-11-0020
Legal Description: The South 99.8 feet of the East 276.07 feet of the North
Half of Northeast Quarter of the Northeast Quarter of
Section 29, Township 118, Range 21, Hennepin County,
Minnesota.
NOTICE is hereby given that the following public nuisance conditions exist on the premises
described above in violation of Golden Valley City Code, sections 10-27 through 10-34:
• Abandoned motor vehicle. Exhibits A and C.
• Abandoned storage shed. Exhibit B.
• Abandoned refuse and recycling containers. Exhibit C.
• Abandoned kitchen appliance. Exhibit D.
• Concrete rubble and general refuse. Exhibits E, G and H.
• Unfilled and restored excavation. Exhibit F.
Required Corrective Action(s): Remove and lawfully dispose of any and all residual items
remaining from demolition activities (with all required permits, approvals, and inspections)
within 20 days of the date of this notice. Your permit (GV083552) has expired, therefore, you
must apply for a new permit. Permit applications are available online at
www.goidenvalleymn.gov or at our service counter in the lower level of City Hall at 7800
Golden Valley Road.
Please Take Further Notice that:
If you do not respond to this Notice of Public Nuisance and Intention to Abate with the
proscribed time period, the City may issue you an administrative citation under City
Code § 1-9 et seq. or
City employees, representatives or contract agents may abate these public nuisance
conditions, activities, or uses in the manner contained in the Notice if you do not
perform the required corrective or preventative actions in a timely or proper manner
with all required approval, permits, and inspections of the City and other appropriate
public agencies. In such instances, the City shall seek recovery of all abatement costs,
fees and expenses (incidental or otherwise) as allowed by Chapter 10 of the Golden
Valley City Code, or by applicable State laws, in any manner allowed by law. On such
occasions, all costs of the abatement, including, but not limited to, those stated in
Section 10 of the Golden Valley City Code, may be assessed against the responsible
person(s) and/or subject property, as a lien or as a special assessment
• The City may record a Notice of Substandard Property with the Hennepin County
Recorder's Office against the premises if the public nuisance is not fully abated or
corrected (with all required approval, permits, and inspections), as determined by the
City, in the manner and time set forth in this notice or abatement and provided that a
timely appeal therefrom has not been made.
• In the event of abatement by the City, all personal property constituting a public
nuisance may be removed from the subject premises of from public property and
destroyed or disposed of, without regard to its actual or salvage value.
You may appeal this Notice of Public Nuisance and Intention to Abate by filing an appeal with
the City Clerk's office (located at Golden Valley City Hall, 7800 Golden Valley Road, Golden
Valley, Minnesota) within twenty (20) calendar days of service of this notice. Failure of the City
Clerk to receive a timely appeal constitutes a waiver of your right to any further administrative
appeal and renders the Notice of Public Nuisance and Intention to Abate with City Personnel
final and binding.
A written request for an appeal shall contain the following information:
1. Name, address, and telephone number of each responsible party who is appealing the
Notice of Abatement (hereinafter, "appellant").
2. Address and description of real property upon which the City intends to enter and abate
a public nuisance.
3. Date of Notice of Abatement being appealed.
4. Specific action or decision being appealed.
5. Grounds for appeal I sufficient detail to enable the Hearing Office to understand the
nature of the controversy.
6. The signature of at least one appellant.
Following appeal, in the case of a final decision by the City, judicial review of this decision is
subject to the provisions and time limits set forth in Minnesota law. You may direct any
inquires of this notice to Maria Cisneros, City Attorney at 763-593-8096.
Joe N. Kauth, Building Official
City of Golden Valley
Enclosures.
pity°f EXECUTIVE SUMMARY
olden
Physical Develo ment
valle y P
763-593-8030 / 763-593-8109 (fax)
Golden Valley City Council Meeting
October 2, 2019
Agenda Item
3. I. Approve Memorandum of Understanding & License Agreement with the Golden Valley Garden
Club
Prepared By
Eric Eckman, Development and Assets Supervisor
Summary
The attached memorandum of understanding outlines roles and responsibilities and formalizes the
existing arrangement and the good work the Garden Club has been providing to the community for
many years.
The Garden Club is a volunteer organization whose mission is to educate its members and the public
about horticultural matters and to serve the community of Golden Valley.
Financial or Budget Considerations
Not applicable
Recommended Action
Motion to approve Memorandum of Understanding & License Agreement with the Golden Valley
Garden Club.
Supporting Documents
Memorandum of Understanding & License Agreement Regarding Gardening and Community
Engagement (6 pages)
Memorandum of Understanding & License Agreement
Regarding Gardening and Community Engagement
This Memorandum of Understanding ("MOU") is made by and between the City of Golden Valley,
a Minnesota Municipal Corporation (the "City") and the Golden Valley Garden Club (the "Garden
Club") a 501c3 nonprofit organization under the laws of the state of Minnesota (collectively, the
"Parties").
RECITALS
1. The Garden Club is a volunteer organization whose mission is to educate its members and the
public about horticultural matters and to serve the community of Golden Valley. Its members
are not required to have any expertise or knowledge beyond that of any other resident of
Golden Valley.
2. The Garden Club and its subcommittees, like People for Pollinators Golden Valley, seek to
share their enthusiasm and knowledge of gardening, better the community and promote the
conservation of our natural resources through a formalized relationship with the City.
3. The City believes a citizen garden club serves an important purpose in the community. The
City recognizes that the Garden Club's work improves the general health and welfare of the
Golden Valley community, reduces the administrative and financial burden on City
government, and results in delivery of services to the community that the City may not
otherwise have the resources or capacity to deliver.
4. The City appreciates the desire of the Garden Club to strive to have an even greater impact
in Golden Valley for the overall good and well-being of the community, residents, and
businesses.
5. The Garden Club's activities help fulfill the following goals and objectives identified in the
City's 2040 Comprehensive Plan and Greenstep Cities program:
a. Facilitate relationship -building between members of the community across age, ethnicity,
income, and other demographic differences.
b. Support and promote opportunities for public engagement in sustainability efforts.
c. Distribute information to residents from recognized expert organizations and sources.
d. Support community efforts to improve the natural environment.
e. Involve community members in hands-on volunteer activities.
6. The Parties wish to reinforce their positive and collaborative relationship by entering into this
Memorandum of Understanding.
TERMS OF UNDERSTANDING
1. The City's Role and Responsibilities. The City agrees to assume the following roles and
responsibilities:
a. Real Estate License. The City hereby grants to the Garden Club a license to use the space
listed in paragraph (1)(a)(i) below (the "Licensed Space") for the purposes described
therein.
15 square feet (measured at 6 ft x 2.5 ft) of floor area with storage rack for a total
of 45 square feet of storage space at the City Hall Campus Verizon Storage Building
at no charge. The 2019 annual market value of this storage space is $22.49/sqft or
a total of $1,012.05.
The license hereby granted shall begin as of the date of this Agreement and continue
until terminated in writing by either party. In consideration of this license, the Garden
Club shall provide those services listed in paragraph 2 below (the "Services"). This
agreement creates neither a lease nor a bailment, but merely gives permission for the
Garden Club to store certain equipment in certain spaces under the conditions specified.
Neither the City nor its agents or contractors shall be liable for theft, damage, loss of
property, injuries or death. The Garden Club expressly agrees to repair, replace or
otherwise restore any part or item of real or personal property that is damaged, lost or
destroyed as a result of the Garden Club's operations. Should the Garden Club fail to
repair, replace or otherwise restore such real or personal property, the Garden Club
expressly agrees to reimburse the City for the full cost it incurs to repair, replace or
restore the damaged property.
b. Additional Space. In addition to the Licensed Space, the City shall make the following
space available to the Garden Club at no cost for the purposes hereafter described:
One conference room space at Brookview Community Center for one meeting per
month. The 2019 rate to reserve this conference room is $25.00 per hour or about
$300.00 per year. No outside food or beverage may be brought in and therefore
any food or beverage service would be required to be purchased from Brookview
or one of its authorized vendors.
ii. If requested by the Garden Club, the Large Shelter at Brookview once annually for
the Garden Club annual plant sale. The 2019 rate to reserve this shelter is $150.
c. Communications. The City shall support the Garden Club by promoting and drawing
attention to the Garden Club and its community education activities in the City's
newsletter, on its website and social media pages, and through other means upon request
to the City's Communications Department as follows:
Include a link to the Garden Club website on the "Pollinator" page of the City's
website.
ii. Include links to community education activities hosted by the Garden Club
("Education Activities") and planting activities on City property or City right of way
("Planting Activities") on the City website's "Community Events" page and on the
City's online City Calendar.
iii. Promote Education Activities and Planting Activities hosted by the Garden Club on
the City website's home page news feed at least twice prior to each such event.
Each such promotion shall consist of a brief description of the event followed by
a link to the Garden Club website. If the Garden Club hosts a plant sale, the City
will promote such plant sale as set forth in this paragraph.
iv. The City Facebook page will "Like" and "Follow" the Garden Club Facebook page.
V. The City Facebook page will share Garden Club Facebook posts regarding
Education Activities and Planting Activities hosted by the Garden Club at least
twice before each event and share Garden Club Facebook posts regarding
pollinator activities as they occur.
vi. Subject to the City's Electronic Billboard Policy, the City will promote Garden Club
Education Activities and Planting Activities on the City electronic billboard on the
City Hall campus. Each event shall be promoted for one month prior to the event.
The Garden Club may request that the City promote additional events on the
electronic billboard.
vii. List Education Activities and Planting Activities hosted by the Garden Club, with
links to the Garden Club website, on the City website's "Community Events" page
and in the edition of Golden Valley CityNews that immediately precedes each
event. During the first year of this agreement, the City will provide one news story
about the agreement in the CityNews as space allows. The City may occasionally
publish additional articles about the Garden Club and its Education Activities and
Planting Activities as space allows.
viii. Provide space in the City's Recreation Activities Catalog to promote Education
Activities and Planting Activities in the issue immediately preceding each event.
Promotions will be sized as space allows, and the Garden Clubs shall provide
finished artwork.
ix. Include on its website and in its publications a link to membership and volunteer
opportunities for the purposes of promoting participation in the Garden Club.
All promotions must comply with any applicable City policies, including but not limited to the
Social Media Policy, Electronic Billboard Policy, and the Guidelines for City Communication
Outlets.
2. The Garden Club's Role and Responsibilities. The Garden Club agrees to the following roles
and responsibilities as Garden Club resources allow (the "Services"):
a. Celebrate Pollinator Day and National Pollinator Week in June of each year by setting up
and staffing an informational tent at Market in the Valley. Materials to hand out may
include native/pollinator plant seed packets.
b. Set up and staff an informational tent at Market in the Valley at various other times
throughout summer, as determined by the Garden Club.
c. Set up and staff an informational table/booth at the PRIDE festival.
d. Set up and staff an informational booth at the Golden Valley Arts and Music Festival.
e. Host a variety of activities at various locations in the City, including Brookview, the
Hennepin County (Golden Valley) Library, and other locations as determined by the
Garden Club.
f. Plant, care for, and maintain five (5) circular median planters on Winnetka Avenue west
of the water tower and three (3) circular arbor planters at the intersection of Winnetka
Avenue and Golden Valley Road.
g. Disseminate information and educational materials to the public from other recognized
expert resources, which may include native species lists and guides for planting pollinator
friendly yards and gardens.
h. Provide input on City designed signage for public spaces. The Garden Club may design
signage for private spaces with input from the City.
3. Consideration. The parties acknowledge that, if not for the Garden Club's agreement to
provide the Services, the City would provide the Services and the cost to the City of doing so
would exceed the fair market value of providing the Licensed Space, Additional Space and
Marketing Services to the Garden Club.
4. Condition of City Property. The City makes all City property, including the public way,
available to the Garden Club in "as is" condition and makes no representations or warranties
concerning its condition or its suitability for use by the Garden Club. The City assumes no
duty to warn either the Garden Club or its volunteers concerning conditions that exist now
or may arise in the future.
5. Safety and Personal Protective Equipment. The Garden Club shall establish and follow
procedures to protect its volunteers from injury or death. All Garden Club volunteers shall
wear personal protective equipment, including warning vests or other suitable garments
marked with or made of reflectorized or high -visibility materials, when working in or near
the road or other vehicle traffic. When working in or near the road for 15 minutes or more,
the Garden Club shall use advance warning road signs. The City shall provide all required
personal protective equipment and 2 roll up advance warning signs, and shall provide
training about the use of advance warning signs upon request.
6. Insurance. All Garden Club volunteers engaged in Planting Activities shall register as
volunteers with the City so as to be covered by the City's insurance policies applicable to
individual volunteers. Volunteers shall submit all required documentation to the City prior
to engaging in the Planting Activities and preferably no later than 1 week before
volunteering.
7. Limitation of Liability. The City assumes no liability for loss or damage to the Garden Club's
property or for damages to any third -party or the property of another arising out of or in any
way relating to or resulting from the Garden Club's operations. The City shall not be
responsible for providing security at any location where the Garden Club's property is stored
or located. The Garden Club hereby waives any claim against the City in the event the Garden
Club's property is lost or damaged.
8. Independent Contractor. The City and the Garden Club agree that the Garden Club is a
volunteer organization and as such, its members are volunteers. Neither the Garden Club
nor its members are employees of the City. The Garden Club shall retain the sole and
exclusive right to control the manner and means by which the Services are performed under
this MOU. The Garden Club shall be solely and entirely responsible for its acts and for the
acts of its employees, agents, and subcontractors in connection with its provision of Services.
9. Term. This MOU shall commence on , 2019, (the "Commencement Date")
and shall continue indefinitely until terminated.
10. Termination. Either party may terminate this MOU, upon 60 days' written notice to the
other party. Upon termination of this MOU, the Garden Club shall, at its sole cost and
expense, immediately remove all of its property from the Licensed Space.
11. Amendment. The parties may amend this MOU by mutual written agreement. Any such
amendment shall only be effective if duly executed by the authorized representatives of
each party.
12. Severability. In the event any provision of thie Agreement shall be held invalid and
unenforceable, the remaining provisions shall be valid and binding upon the parties unless
such invalidity or non -enforceability would cause the Agreement to fail its purpose. One or
more waivers by either party of any provision, term, condition, or covenant shall not be
construed by the other party as a waiver of a subsequent breach of the same by the other
party.
[Remainder of page intentionally blank. Signature page follows.]
Executed the day and year first above written, by the parties as follows:
GOLDEN VALLEY GARDEN CLUB: CITY OF GOLDEN VALLEY:
LIM
Name:
Title:
0
M
Shepard M. Harris, Mayor
Timothy J. Cruikshank, City Manager
ciQ0 EXECUTIVE SUMMARY
golden, Administrative Services
vaii-
763-593-8013 / 763-593-3969 (fax)
Golden Valley City Council Meeting
October 2, 2019
Agenda Item
4. A. Public Hearing — Special Assessments —2019 Delinquent Utility Bills
Prepared By
Sue Virnig, Finance Director
Summary
The following resolution should be considered to Adopt and Confirm Assessments for 2019 delinquent
utility bills.
Financial Or Budget Considerations
The Resolution will give the City authority to certify delinquent city utility bills. Payment will be made
through 2020 property taxes if not paid in full by November 15.
Recommended Action
Motion to approve Resolution Adopting and Confirming Assessments for 2019 Delinquent Utility
Billing.
Supporting Documents
• List of delinquent utility bills for certification (7 pages)
• Resolution Adopting and Confirming Assessments for 2019 Delinquent Utility Billing (2 pages)
CITY OF GOLDEN VALLEY
2019 DELINQUENT UTILITIES
LEVY 20257
CERTIFIED
PID
SERVICE ADDRESS
CERTIFIED
PAYMENTS
BALANCE
0411721210029
115 KING CREEK RD
1,635.59
1,635.59
0411721220018
325 BRUNSWICK AVE S
1,369.69
1,369.69
0511721110010
*6445 CORTLAWN CIR S
365.21
(85.94)
279.27
0511721120032
155 LOUISIANA AVE S
1,045.27
1,045.27
0511721210020
170 OREGON AVE S
1,472.35
1,472.35
0511721220035
500 RHODE ISLAND AVE S
920.88
920.88
0511721230057
7570 WAYZATA BLVD
313.41
(313.41)
0.00
0511721230069
1050 RHODE ISLAND AVE S
1,13S.9S
1,13S.9S
0511721230072
1041 SUMTER AVE S
271.47
(271.47)
0.00
0611721110063
135 HANLEY RD
378.07
378.07
0611721110064
45 WESTERN TER
291.81
(291.81)
0.00
0611721140042
805 HANLEY RD
1,200.43
1,200.43
0702924130072
3317 MAJOR AVE N
515.38
515.38
0702924130091
*3216 NOBLE AVE N
293.09
293.09
0702924230049
3210 SCOTT AVE N
374.58
(374.58)
0.00
0702924240001
3365 QUAIL AVE N
1,362.91
1,362.91
0702924240005
3338 REGENT AVE N
195.99
195.99
0702924240067
4807 33RD AVE N
1,360.84
1,360.84
0702924240088
3315 QUAIL AVE N
178.72
178.72
0702924240091
3312 REGENT AVE N
1,887.79
1,887.79
0702924240093
3220 REGENT AVE N
1,615.64
1,615.64
0702924310035
2925 ORCHARD AVE N
1,457.17
1,457.17
0702924310042
2940 PERRY AVE N
1,512.07
1,512.07
0702924310043
2942 PERRY AVE N
2,002.32
2,002.32
0702924310071
*4921 TRITON DR
159.75
(159.75)
0.00
0702924310082
3101 ORCHARD AVE N
1,392.12
1,392.12
0702924320003
*2933 QUAIL AVE N
476.02
476.02
0702924320003
2933 QUAIL AVE N
202.81
202.81
0702924320006
2912 REGENT AVE N
1,269.22
1,269.22
0702924320037
5320 TRITON DR
1,651.16
(1,000.00)
651.16
0702924320053
2905 REGENT AVE N
251.72
251.72
0702924330002
2800 SCOTT AVE N
1,715.76
1,715.76
0702924340026
2775 QUAIL AVE N
1,549.60
1,549.60
0702924340029
2745 QUAIL AVE N
2,188.56
2,188.56
0702924420005
3049 JUNE AVE N
117.38
(117.38)
0.00
0702924420039
3100 LEE AVE N
1,367.34
1,367.34
0702924420060
4520 ELMDALE RD
1,389.94
1,389.94
0702924420074
2912 MAJOR AVE N
204.24
204.24
0702924420083
3101 MAJOR AVE N
252.94
252.94
CERTIFIED
PID
SERVICE ADDRESS
CERTIFIED
PAYMENTS
BALANCE
0702924420085
3017 MAJOR AVE N
1,302.95
1,302.95
0702924420095
2945 MAJOR AVE N
1,757.35
1,757.35
0702924420098
2925 MAJOR AVE N
67.22
67.22
0702924430010
2720 KYLE AVE N
717.36
717.36
0702924430094
4521 CULVER RD
1,575.04
1,575.04
1702924210015
3227 26TH AVE N
135.72
135.72
1702924210033
2330 YORK AVE N
1,367.96
1,367.96
1702924210070
2405 ZENITH AVE N
861.40
861.40
1702924210076
3400 MANOR DR
1,574.07
1,574.07
1702924220032
*2417 PARKVIEW BLVD
64.27
(64.27)
0.00
1702924220045
3508 MANOR DR
564.83
564.83
1702924220049
3524 MANOR DR
1,232.38
1,232.38
1702924220066
2413 MCNAIR DR
1,659.99
1,659.99
1702924220072
2420 BYRD AVE N
1,883.32
1,883.32
1702924240006
2225 XERXES AVE N
418.09
418.09
1702924240038
3026 GOLDEN VALLEY RD
1,463.83
1,463.83
1702924310008
1725 XERXES AVE N
122.84
122.84
1702924310012
1814 YORK AVE N
1,987.99
1,987.99
1702924310037
1635 XERXES AVE N
117.78
117.78
1702924310040
1696 YORK AVE N
177.13
177.13
1702924310049
1628 YORK AVE N
85.44
85.44
1702924310054
1831 XERXES AVE N
806.32
806.32
1702924310056
1801 XERXES AVE N
1,467.11
1,467.11
1702924310057
1631 XERXES AVE N
117.78
117.78
1802924110011
2311 INDIANA AVE N
1,572.16
1,572.16
1802924130049
2140 SPRUCE TR
1,074.46
1,074.46
1802924130063
1940 KYLE PL
176.61
176.61
1802924140027
4001 WASATCH LN
1,007.92
1,007.92
1802924140036
4040 WASATCH LN
1,050.91
1,050.91
1802924140065
2211 LEGEND DR
2,468.69
2,468.69
1802924210024
2540 QUAIL AVE N
1,093.70
(26.00)
1,067.70
1802924220184
2225 REGENT AVE N
870.76
870.76
1802924230048
2145 UNITY AVE N
365.74
(365.74)
0.00
1802924240007
4740 GOLDEN VALLEY RD
1,585.84
1,585.84
1802924240021
4975 SORELL AVE
751.72
751.72
1802924240052
2131 WINDSOR WAY
298.40
298.40
1802924240088
2120 WINDSOR WAY
1,457.10
1,457.10
1802924320036
1871 TOLEDO AVE N
979.15
979.15
1802924420023
1910 MAJOR DR
270.36
270.36
1802924440080
1425 WATERFORD DR
2,209.64
2,209.64
1902924240027
4800 OLSON MEMORIAL HWY
106.18
(106.18)
0.00
1902924240027
4800 OLSON MEMORIAL HWY
254.47
(254.47)
0.00
CERTIFIED
PID
SERVICE ADDRESS
CERTIFIED
PAYMENTS
BALANCE
1902924310003
4725 OLSON MEMORIAL HWY
115.94
115.94
1902924320007
5201 OLSON MEMORIAL HWY
221.10
(221.10)
0.00
1902924320010
534 CLOVERLEAF DR
1,761.72
1,761.72
1902924320012
540 CLOVERLEAF DR
555.44
555.44
1902924320023
501 CLOVER LN
710.71
710.71
1902924410041
*4205 OLSON MEMORIAL HWY
247.50
247.50
1902924410041
4205 OLSON MEMORIAL HWY
215.80
215.80
1902924410050
512 INDIANA AVE N
1,485.98
1,485.98
1902924410071
400 MEADOW LN N
650.29
650.29
1902924420027
311 BURNTSIDE DR
610.63
610.63
1902924420042
328 BURNTSIDE DR
1,031.61
1,031.61
1902924420046
300 BURNTSIDE DR
1,166.55
1,166.55
1902924430035
200 BURNTSIDE DR
324.81
(324.81)
0.00
1902924430056
100 ARDMORE DR
1,117.35
1,117.35
1902924440009
3902 GLENWOOD AVE
219.42
219.42
1902924440058
234 SUNNYRIDGE LN
892.68
892.68
2002924230002
1301 THEODORE WIRTH PKWY
110.12
110.12
2811821210047
2345 VALE CREST RD
991.43
991.43
2811821220027
2510 LAMPLIGHTER LN
325.22
325.22
2811821220097
*2560 DOUGLAS DR N
112.84
112.84
2811821240012
5755 WESTBROOK RD
384.28
(384.28)
0.00
2811821320032
5925 DULUTH ST
2,127.37
2,127.37
2811821320033
6121 SAINT CROIX AVE N
1,856.33
1,856.33
2811821320051
6050 SAINT CROIX AVE N
1,190.46
1,190.46
2811821320066
6120 SAINT CROIX AVE N
1,263.52
1,263.52
2811821330009
1375 OAK GROVE CIR
1,142.28
1,142.28
2811821330018
1520 CONSTANCE DR W
1,235.47
1,235.47
2811821340010
5540 GOLDEN VALLEY RD
926.75
926.75
2811821340011
5530 GOLDEN VALLEY RD
1,350.15
1,350.15
2811821340020
1435 XENIA AVE N
1,198.44
1,198.44
2811821340028
5840 GOLDEN VALLEY RD
1,733.30
(300.00)
1,433.30
2811821340055
1255 WELCOME AVE N
1,536.53
1,536.53
2811821340067
*1437 XENIA AVE N
176.43
176.43
2811821340070
5732 GOLDEN VALLEY RD
342.04
342.04
2911821110008
2505 FLORIDA AVE N
1,681.91
1,681.91
2911821110020
2425 DOUGLAS DR N
171.93
171.93
2911821120008
6825 SANDBURG LA
858.80
858.80
2911821230017
2021 PEN NSYLVANIA AVE N
1,063.57
1,063.57
2911821230037
2000 RHODE ISLAND AVE N
441.09
441.09
2911821230055
1941 SUMTER AVE N
1,443.47
1,443.47
2911821230075
7851 23RD AVE N
338.50
(338.50)
0.00
2911821230076
7833 23RD AVE N
1,326.11
1,326.11
CERTIFIED
PID
SERVICE ADDRESS
CERTIFIED
PAYMENTS
BALANCE
2911821240036
2015 KELLY DR
879.42
879.42
2911821240050
7200 DULUTH ST
218.94
218.94
2911821240054
*1900 MARYLAND AVE N
98.72
(98.72)
0.00
2911821310005
1800 MARYLAND AVE N
1,075.37
1,075.37
2911821310030
7125 GREEN VALLEY RD
356.32
356.32
2911821310032
7205 GREEN VALLEY RD
1,174.69
1,174.69
2911821320003
*1801 SUMTER AVE N
295.71
295.71
2911821320015
1720 WIN NETKA AVE N
1,152.95
1,152.95
2911821320050
1566 RHODE ISLAND AVE N
1,253.87
1,253.87
2911821320060
7501 DULUTH ST
587.65
(400.00)
187.65
2911821320068
1601 PEN NSYLVANIA AVE N
222.24
(222.24)
0.00
2911821320070
1559 PEN NSYLVANIA AVE N
63.21
63.21
2911821330020
1540 RHODE ISLAND AVE N
1,233.27
1,233.27
2911821330032
1540 SUMTER AVE N
303.99
(100.00)
203.99
2911821330038
1517 SUMTER AVE N
2,044.10
2,044.10
2911821330075
1438 RHODE ISLAND AVE N
1,502.15
1,502.15
2911821330085
1432 QUEBEC AVE N
1,151.62
1,151.62
2911821330107
7728 PLYMOUTH AVE N
136.33
136.33
2911821340074
1435 LOUISIANA AVE N
652.64
652.64
2911821340087
7205 OLYMPIA ST
68.06
68.06
2911821410012
1625 FLORIDA AVE N
1,205.72
1,205.72
2911821420004
*1676 HAMPSHIRE LN N
295.39
295.39
2911821420037
7080 GREEN VALLEY RD
1,590.68
1,590.68
2911821430010
7035 OLYMPIA ST
1,638.76
1,638.76
2911821430030
6834 WINSDALE ST
671.33
671.33
2911821430056
6747 WINSDALE ST
1,011.96
1,011.96
2911821430073
7054 KNOLL ST
81.90
(81.90)
0.00
2911821430091
6738 PLYMOUTH AVE N
686.66
686.66
2911821430097
1309 JERSEY AVE N
1,326.63
1,326.63
2911821440022
6525 OLYMPIA ST
1,406.00
1,406.00
2911821440037
6424 WINSDALE ST
650.30
650.30
2911821440068
*6418 KNOLL ST
127.89
127.89
2911821440068
6418 KNOLL ST
253.54
(100.00)
153.54
2911821440073
6508 KNOLL ST
961.69
961.69
2911821440086
1335 FLORIDA AVE N
1,000.21
1,000.21
2911821440087
1336 FLORIDA AVE N
1,062.85
1,062.85
2911821440088
1320 FLORIDA AVE N
2,676.09
2,676.09
2911821440092
1309 FLORIDA AVE N
1,021.76
1,021.76
3002924110014
4253 GLENWOOD AVE
175.02
175.02
3002924140021
808 MEADOW LN S
322.15
322.15
3002924140045
4102 WAYZATA BLVD
223.24
223.24
3002924140059
1125 TYROL TRAIL
174.35
174.35
CERTIFIED
PID
SERVICE ADDRESS
CERTIFIED
PAYMENTS
BALANCE
3002924210007
309 OTTAWA AVE S
383.21
383.21
3002924210012
501 OTTAWA AVE S
369.26
369.26
3002924210020
400 NATCHEZ AVE S
1,788.04
1,788.04
3002924210021
316 NATCHEZ AVE S
737.49
737.49
3002924210050
5030 COLONIAL DR
320.86
(125.00)
195.86
3002924220001
15 TURNPIKE RD
1,620.16
1,620.16
3002924220021
501 TURNPIKE RD
1,309.85
1,309.85
3002924220054
109 TURNPIKE RD
1,850.92
1,850.92
3002924230050
5223 CIRCLE DOWN
152.91
152.91
3002924310026
1S1S PRINCETON AVE S
1,781.77
1,781.77
3002924420067
4349 AVONDALE RD
1,035.64
1,035.64
3002924420074
4520 DOUGLAS AVE
1,878.09
1,878.09
3011821110017
2440 BIES DR
427.62
427.62
3011821110024
8040 WYNNWOOD RD
1,144.29
1,144.29
3011821110042
2360 ORKLA DR
1,369.93
1,369.93
3011821110063
8155 WYNNWOOD RD
1,870.71
1,870.71
3011821110070
8015 WYNNWOOD RD
574.64
574.64
3011821120006
8555 MEDICINE LAKE RD
506.42
(50.00)
456.42
3011821130072
1950 ZEALAND AVE N
135.09
135.09
3011821130089
1940 AQU I LA AVE N
994.17
994.17
3011821140006
2041 WIN NETKA AVE N
1,245.46
1,245.46
3011821140019
8201 WESTBEND RD
1,210.53
1,210.53
3011821140042
7901 23RD AVE N
158.18
158.18
3011821140085
2155 ORKLA DR
205.49
205.49
3011821140091
2150 ORKLA DR
1,283.78
1,283.78
3011821140110
7925 VALDERS CT
207.22
(207.22)
0.00
3011821210029
8805 MEDICINE LAKE RD
78.09
78.09
3011821210053
8845 MEDLEY LN N
783.53
783.53
3011821220038
2226 MAYFAIR RD
1,743.04
1,743.04
3011821220054
2210 KINGS VALLEY RD E
305.85
305.85
3011821220097
2460 MENDELSSOHN LN
241.79
241.79
3011821220112
*2436 MENDELSSOHN LN
120.71
(120.71)
0.00
3011821230018
2205 KINGS VALLEY RD E
352.92
352.92
3011821230035
2101 KINGS VALLEY RD W
976.80
976.80
3011821230063
2209 KINGS VALLEY RD
212.92
212.92
3011821230068
2141 TAMARIN TR
1,133.32
1,133.32
3011821230074
2106 TAMARIN TR
1,109.65
1,109.65
3011821230082
2138 TAMARIN TR
998.44
998.44
3011821230088
2129 TAMARIN TR
997.76
997.76
3011821230102
2101 TAMARIN TR
2,113.69
2,113.69
3011821230110
2203 STRODEN CIR
863.44
863.44
3011821230126
1905 FLAG AVE N
725.29
725.29
CERTIFIED
PID
SERVICE ADDRESS
CERTIFIED
PAYMENTS
BALANCE
3011821230131
1912 GETTYSBURG AVE N
795.10
795.10
3011821230132
1916 GETTYSBURG AVE N
1,261.32
1,261.32
3011821230146
9200 EARL ST
214.64
214.64
3011821230152
2004 HILLSBORO AVE N
1,194.99
1,194.99
3011821230162
1905 HILLSBORO AVE N
1,093.29
1,093.29
3011821230165
1902 INDEPENDENCE AVE N
85.57
85.57
3011821230191
2135 TAMARIN TR
876.65
876.65
3011821240061
9025 23RD AVE N
868.31
868.31
3011821320049
1612 GETTYSBURG AVE N
250.94
250.94
3011821320066
*9200 OLYMPIA ST
981.78
981.78
3011821320076
1633 HILLSBORO AVE N
1,042.00
1,042.00
3011821320078
1625 HILLSBORO AVE N
889.52
889.52
3011821320096
1625 INDEPENDENCE AVE N
1,662.38
1,662.38
3011821320114
1624 MENDELSSOHN AVE N
167.84
167.84
3011821320125
1735 GETTYSBURG CT
105.00
105.00
3011821320138
9110 NAPER ST
1,553.36
1,553.36
3011821320139
9100 NAPER ST
2,511.56
2,511.56
3011821330016
1530 GETTYSBURG AVE N
1,385.63
1,385.63
3011821330040
9450 WINSDALE ST
447.60
447.60
3011821330054
1313 INDEPENDENCE AVE N
821.69
(450.00)
371.69
3011821330074
1316 INDEPENDENCE AVE N
913.93
913.93
3011821330083
1405 GETTYSBURG AVE N
1,419.78
1,419.78
3011821330086
1321 GETTYSBURG AVE N
240.72
240.72
3011821330105
1325 FLAG AVE N
1,471.31
1,471.31
3011821330128
1520 INDEPENDENCE AVE N
3,002.71
3,002.71
3011821410009
8001 WESLEY DR
1,573.32
1,573.32
3011821410048
8104 JULIANNE TER
494.67
494.67
3011821410061
8161 DULUTH ST
464.01
464.01
3011821410065
8210 JULIANNE TER
610.10
(610.10)
0.00
3011821410077
1821 WIN NETKA AVE N
1,774.05
1,774.05
3011821410085
7900 WESLEY DR
1,159.61
1,159.61
3011821420057
8525 PATSY LN
1,105.31
1,105.31
3011821420061
8530 J U LIAN N E TER
1,269.92
1,269.92
3011821430043
1508 BOONE AVE N
1,018.45
1,018.45
3011821430076
1315 MANDAN AVE N
732.00
(121.00)
611.00
3011821440002
* 1513 WINNETKA AVE N
124.64
124.64
3111821110016
1130 ORKLA DR
214.06
214.06
3111821110033
1010 ORKLA DR
928.28
928.28
3111821310029
339 ENSIGN AVE N
171.89
171.89
3111821310031
347 ENSIGN AVE N
843.92
843.92
3111821310046
400 DECATUR AVE N
1,443.13
1,443.13
3211821110009
6316 PHOENIX ST
1,354.32
1,354.32
CERTIFIED
PID
SERVICE ADDRESS
CERTIFIED
PAYMENTS
BALANCE
3211821110012
6424 PHOENIX ST
777.47
(777.47)
0.00
3211821110032
6432 GOLDEN VALLEY RD
270.74
270.74
3211821110038
6712 GOLDEN VALLEY RD
1,080.24
1,080.24
3211821110045
1227 HAMPSHIRE AVE N
860.19
860.19
3211821110047
6500 PHOENIX ST
625.34
625.34
3211821220016
7701 PLYMOUTH AVE N
764.70
764.70
3211821220035
1125 QUEBEC AVE N
949.19
949.19
3211821220046
1224 RHODE ISLAND AVE N
1,025.90
1,025.90
3211821220053
1116 QUEBEC AVE N
1,065.95
1,065.95
3211821220062
1042 QUEBEC AVE N
537.20
537.20
3211821220063
1037 QUEBEC AVE N
1,595.73
1,595.73
3211821220074
1035 RHODE ISLAND AVE N
1,014.58
1,014.58
3211821220104
1020 WIN NETKA AVE N
1,548.11
1,548.11
3211821220122
1013 SUMTER AVE N
1,000.53
1,000.53
3211821310009
7430 HAROLD AVE
242.29
(242.29)
0.00
3211821320017
440 WINNETKA AVE N
981.67
981.67
3211821320018
424 WINNETKA AVE N
180.83
180.83
3211821320020
7840 HAROLD AVE
563.31
563.31
3211821410014
6400 WESTCHESTER CIR
278.16
278.16
3211821420010
525 JERSEY AVE N
912.17
912.17
3211821430004
6800 GLENWOOD AVE
75.75
75.75
3211821430020
6940 WESTERN AVE
990.51
990.51
3211821430039
6900 GLENWOOD AVE
72.52
72.52
3211821430047
*40 IDAHO AVE N
144.19
144.19
3211821440004
319 EDGEWOOD AVE N
460.50
460.50
3211821440070
6500 WESTERN AVE
1,027.16
1,027.16
3311821210035
1105 WELCOME CIR
50.98
50.98
3311821210041
5540 LINDSAY ST
698.39
698.39
3311821310065
5600 WOODSTOCK AVE
1,050.44
1,050.44
3311821330003
217 PAISLEY LN
338.64
338.64
3311821330049
5924 GLENWOOD AVE
214.92
(214.92)
0.00
3311821330054
50 BRUNSWICK AVE N
378.44
378.44
3311821330063
*245 SKI HILL RD
636.43
(636.43)
0.00
246,429.85 (9,557.69) 236,872.16
*FINAL BILLING
RESOLUTION NO. 19-54
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
2019
1
5%
2020
$246,429.85
Delinquent
Utility Billing
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, 2020 through December 31, 2020, will be payable
with property taxes collectible in 2020.
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, 2019.
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.
Resolution 19-54 -2- October 2, 2019
Adopted by the City Council of Golden Valley, Minnesota on the 2nd day of October, 2019.
Shepard M. Harris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
ciQ0 EXECUTIVE SUMMARY
�� � , .golden Administrative Services
va 763-593-8013 / 763-593-3969 (fax)
Golden Valley City Council Meeting
October 2, 2019
Agenda Item
4. B. Public Hearing — Special Assessments —2019 Delinquent Miscellaneous Charges
Prepared By
Sue Virnig, Finance Director
Summary
The following resolution should be considered to Adopt and Confirm Assessments for 2019
Miscellaneous Charges.
Financial Or Budget Considerations
The Resolution will give the City authority to certify delinquent miscellaneous charges. Payment will be
made through 2020 property taxes if not paid in full by November 15.
Recommended Action
Motion to approve Resolution Adopting and Confirming Assessments for Delinquent 2019
Miscellaneous Charges.
Supporting Documents
• List of delinquent miscellaneous charges for certification (1 page)
• Resolution Adopting and Confirming Assessments for 2019 Miscellaneous Charges (2 pages)
CITY OF GOLDEN VALLEY
MISCELLANEOUS ASSESSMENTS
LEVY 20258
CERTIFIED
PID
SERVICE ADDRESS
CERTIFIED
PAYMENTS
BALANCE
1702924240045
1849 ZEPHYR PL
1,380.00
1,380.00
1702924240045
1849 ZEPHYR PL
433.22
433.22
1802924140027
4001 WASATCH LN
730.00
730.00
1902924130038
4600 OLSON MEM HWY
460.12
460.12
1902924230025
604 LILAC DR N
1,380.00
1,380.00
2811821210047
2345 VALE CREST RD
130.00
130.00
2811821330063
6046 GOLDEN VALLEY RD
890.21
(890.21)
0.00
2811821340010
5540 GOLDEN VALLEY RD
633.22
633.22
2811821340011
5530 GOLDEN VALLEY RD
633.22
633.22
2811821340067
1437 XENIA AVE N
433.22
433.22
2911821210055
2445 NEVADA AVE N
460.12
(460.12)
0.00
2911821220001
2550 WINNETKA AVE N
880.00
880.00
2911821440073
6508 KNOLL ST
505.00
505.00
3002924210012
501 OTTAWA AVE S
433.22
433.22
3002924220021
501 TURNPIKE RD
1,280.00
1,280.00
3002924220047
417 TURNPIKE RD
380.00
380.00
3002924220085
5160 COLONIAL DR
130.00
130.00
3011821220004
2520 HILLSBORO
230.00
(230.00)
0.00
3011821320066
9200 OLYMPIA ST
1,480.00
1,480.00
3111821110016
1130 ORKLA DR
380.00
380.00
3111821110016
1130 ORKLA DR
433.22
433.22
3111821110033
1010 ORKLA DR
1,080.00
1,080.00
3111821130003
800 BOONE AVE N
530.00
530.00
3211821230055
7600 GOLDEN VALLEY RD
137.53
137.53
3211821320055
7724 OLSON MEM HWY
137.53
137.53
3211821320055
7726 OLSON MEM HWY
245.06
245.06
3311821220011
6212 GOLDEN VALLEY RD
1,380.00
1,380.00
17,204.89
(1,580.33)
15,624.56
RESOLUTION NO. 19-55
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
2019
Miscellaneous
1
5%
2020
$17,204.89
Charges
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, 2020 through December 31, 2020, will be payable
with property taxes collectible in 2020.
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, 2019.
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.
Resolution 19-55 -2- October 2, 2019
Adopted by the City Council of Golden Valley, Minnesota on the 2nd day of October, 2019.
Shepard M. Harris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
pity°f EXECUTIVE SUMMARY
olden
Physical Develo ment
valle y P
763-593-8030 / 763-593-8109 (fax)
Golden Valley City Council Meeting
October 2, 2019
Agenda Item
6. A. Endorsing Pollinator Protection and Promoting Pollinator Habitat
Prepared By
Eric Eckman, Development and Assets Supervisor
Summary
The Environmental Commission's 2018-2019 Work Plan included the drafting of a city-wide pollinator
protection resolution. The resolution summarizes the City's current efforts with respect to pollinators,
habitat, and education/awareness, and expands on these efforts to include new policies and actions
established in the 2040 Comprehensive Plan and additional input and guidance from the Commission.
As part of this process, staff met with the People for Pollinators Golden Valley citizen group, which is a
subcommittee of the Golden Valley Garden Club. The Garden Club is a volunteer organization whose
mission is to educate its members and the public about horticultural matters and to serve the
community of Golden Valley. The People for Pollinators group provided valuable input and feedback
and reviewed the resolution prior to consideration by the Commission and Council.
The Environmental Commission approved the draft resolution on April 22, 2019 and recommended
forwarding it to the City Council for consideration. If adopted, progress on the actions contained in the
resolution will be guided by the Commission and measured and tracked through the City's GreenStep
Cities program which is available for viewing at https://greenstep.pca.state.mn.us/city-detai1/12069.
The resolution includes the opportunity for partnership with a non-profit or citizen group to work with
the City to help provide education, awareness, and citizen engagement that may not otherwise be
possible. During the drafting of the resolution, the City and the Golden Valley Garden Club began
working on the details of such a partnership.
Financial or Budget Considerations
Not applicable
Recommended Action
Motion to adopt Resolution Endorsing Pollinator Protection and Promoting Pollinator Habitat.
Supporting Documents
0 Resolution Endorsing Pollinator Protection and Promoting Pollinator Habitat (3 pages)
RESOLUTION NO. 19-56
RESOLUTION ENDORSING POLLINATOR PROTECTION AND
PROMOTING POLLINATOR HABITAT
WHEREAS, pollinators, including bees, butterflies, and other beneficial insects
and wildlife species, are an indispensable component of a healthy and resilient
ecosystem. Pollinators support Minnesota's economies, providing food for humans and
wildlife and sustaining plants which improve water and air quality, prevent soil erosion,
and store carbon; and
WHEREAS, scientific research has shown that pollinator populations are in
rapid decline in the State of Minnesota, and across the United States; and
WHEREAS, research has shown that the decline is a result of multiple,
interacting factors, including loss of food and habitat, pathogens and parasites, and the
exposure to pesticides, including neonicotinoids; and
WHEREAS, neonicotinoids are a class of systemic chemical insecticides that
have been shown to impair pollinators at low doses and kill them at higher doses; and
WHEREAS, Minnesota state law preempts municipalities' ability to regulate
pesticides, but does not restrict a municipality's treatment of the land it manages; and
WHEREAS, Golden Valley citizens are concerned about the well-being of
pollinators; and
WHEREAS, the City's Comprehensive Plan includes goals, policies and
implementation actions that protect and improve pollinator health, increase pollinator
habitat, reduce the use of chemicals such as pesticides, and lower maintenance inputs and
costs; and
WHEREAS, we find these actions to be in the public interest and demonstrates the
City's commitment to a safe and healthy environment for people, pollinators, and other
wildlife.
NOW, THEREFORE BE IT RESOLVED by the CityCounalofGolden Valleythat:
1. The City of Golden Valley is hereby declared a Pollinator Friendly Community.
2. The City celebrates its existing policies, practices, and actions that protect and
promote pollinator health, including but not limited to:
a. Adopting a Natural Resources Management Plan and a Resilience and
Sustainability Plan.
b. Protecting, enhancing, restoring, and creating new pollinator and wildlife
habitat through the construction of public projects and private
developments.
c. Creating a pollinator garden within a landscape island in the City Hall
parking lot with educational signage.
Resolution 19-56 -2- October 2, 2019
d. Managing an annual contract with a native vegetation company to monitor
and maintain over 30 native vegetation buffer areas in the City utilizing an
integrated plant management strategy which uses chemicals as a last resort.
e. Employing adaptive management strategies within City nature areas and
open spaces including the removal of invasive species and planting more
diverse and resilient native species.
f. Converting non -programmed spaces within City parks and golf course
areas from high -maintenance turf to low -maintenance turf alternatives,
and naturalizing shoreline areas along creeks and ponds.
g. Refraining from using insecticides containing neonicotinoids to treat City
property.
h. Applying phosphorus -free fertilizer and herbicide on high -use turf areas
(athletic fields, Brookview park, city campuses) on a limited, as -needed
basis and utilizing technology to more efficiently and effectively target and
apply product.
i. Staff overseeing chemical application are trained and certified by the
Minnesota Department of Agriculture and all products are applied according
to state and federal law and label recommendations.
j. The City retains Hennepin County Sentencing to Service crews to perform
tasks including weeding rain gardens, planters, and medians, and controlling
buckthorn and other non-native plants within nature areas and open spaces,
reducing the need for chemical treatment in these areas.
k. A significant amount of milkweed growing in public spaces and along rights -
of -ways is retained and has been planted in planters, medians and along
roadways.
I. Encouraging developers and contractors, through codes, permits, and
development plan reviews, to plant more diverse native species and
pollinator habitat.
m. Working with the City's Environmental Commission to provide education
and awareness about pollinators, habitat, and sustainable yards and
gardens via articles, social media, workshops, and other community
events.
3. The City shall undertake its best efforts to promote healthy environments including food
sources, dean water and habitat for pollinators through existing programs and new
opportunities, including:
a. Increasing the amount of native vegetation cover and pollinator habitat
throughout the City, including parks and open spaces, along streets, and in
City campuses and parking lots.
b. Preserving and protecting natural areas and open spaces to maintain and
attract pollinators and other desired wildlife species.
c. Reviewing its current land management practices with respect to pollinator
health and habitat.
d. Continuing to reduce and better target the application of chemicals, such as
fertilizers, herbicides, and pesticides while providing high quality turf in its
high -use areas.
e. Undertaking its best efforts to avoid application of chemicals in City parks and
campuses when such spaces are in use by the public.
Resolution 19-56 -3- October 2, 2019
f. Taking inventory of the chemicals used on City property and making that list
available to the public.
g. Establishing land management standards and best management practices
that lower inputs and cost and maximize resilience (i.e. utilize low
maintenance turf alternatives, replace turfgrasses with native and resilient
species wherever possible)
h. Undertaking its best efforts to purchase plants, directly or through contract,
that have not been pre-treated with pesticides, specifically neonicotinoids.
i. Educating residents about the importance of creating and maintaining
pollinator friendly habitat and encourage residents and businesses to use
pollinator friendly practices.
j. Encouraging residents to participate in City volunteer programs that improve
pollinator habitat and contribute to a safe environment.
k. Coordinate pollinator efforts with County, State, and Federal and other
governmental agencies as appropriate.
4. The City may work with a non-profit or citizen group to help accomplish its goals
involving education, awareness, and outreach, including hosting community events
and workshops. When necessary to comply with the public purpose rule under
Minnesota law, the City may require the non-profit organization or citizen group to
enter into a memorandum of understanding or other agreement with the City.
5. The City shall post a copy of this resolution on the City website and provide
information and a link to the website in the CityNews.
6. The City shall transmit copies of this resolution to the Minnesota Department of
Agriculture, the Minnesota Pollution Control Agency, the Minnesota Department of
Natural Resources, the Governor of Minnesota, State Representatives and
Senators, U.S. Representatives and Senators, U.S. Department of Agriculture, U.S.
Environmental Protection Agency, and other appropriate agencies.
Adopted by the City Council of Golden Valley, Minnesota on this 2nd day of October, 2019.
Shepard M. Harris, Mayor
ATTEST:
Kristine A Luedke, City Clerk
pity°f EXECUTIVE SUMMARY
olden
Physical Develo ment
valle y P
763-593-8030 / 763-593-8109 (fax)
Golden Valley City Council Meeting
October 2, 2019
Agenda Item (Include Section and Agenda Numbers)
6. B. Central Park West PUD No. 121, Amendment #4 —10 West End
a. Amended PUD Permit
b. Amended Development Agreement
c. Assumption of Development Agreement
Prepared By
Jason Zimmerman, Planning Manager
Maria Cisneros, City Attorney
Summary
The fourth phase of development within the Central Park West PUD is an 11 story office building (located in
St. Louis Park) and a seven story parking ramp (located within Golden Valley). The City Councils of St. Louis
Park and Golden Valley approved this project in 2016 but the commencement of construction has been
delayed until 2019
As part of the preparations for the issuance of site and building permits, both City Councils have been asked
to approve Assumptions of the Development Agreements in order to transfer rights and responsibilities to
new entities. Staff is recommending the Golden Valley City Council also approve other modifications to the
PUD Permit and to the Development Agreement in order to clarify the timing and responsibilities of certain
elements of the project.
Background
The parking structure that was approved in 2016 contains approximately 1,400 parking spaces. As part
of that approval and as a condition of development, public art is required to be incorporated into or
onto the north face of the parking ramp. The current PUD Permit conditions issuance of a building
permit on the property owner and the City entering into a maintenance agreement outlining the
owner's responsibility for the maintenance of the public art.
While the parking structure has been designed and reviewed by the City's Inspections Division, the
public art design process — which includes community engagement on the part of Golden Valley and St.
Louis Park — has not been initiated. Absent the detailed design of the art, a maintenance plan cannot
be established.
As it would be in the interest of all parties to begin construction of the parking structure this year, staff
has recommended amending the PUD Permit to shift the timing of the maintenance agreement until
City Council Regular Meeting Executive Summary
City of Golden Valley
October 2, 2019
later in the process. The public art would be designed and approved while construction is underway
and the maintenance agreement would be required prior to the issuance of a Certificate of
Completion.
Further, the City Attorney has identified this opportunity to revise and simplify other aspects of the
PUD Permit and the Development Agreement, including the removal of all provisions that relate to the
development process from the PUD and instead including them within the Development Agreement.
The result would be an amended PUD Permit that contains only those conditions that survive the
Development Agreement. Additionally, this action would allow the parties to amend the Development
Agreement and remove all requirements that have already been satisfied and to add any unsatisfied
development process related items from the PUD Permit.
Finally, the current owner of the land on which the parking ramp will be built (OP4 SLP, LLC) plans to
transfer the land to a new entity called 10 West End, LLP. OP4 has asked the City to consent to 10 West
End's assumption of the obligations under the Development Agreement that relate to the parking
ramp parcel. If the City approves the Assumption 10 West End will be obligated to abide by the terms
of the Development Agreement, as will all of the previous signatories to the agreement.
Financial or Budget Considerations
N/A
Recommended Actions
Motion to approve Central Park West PUD No. 121, Amendment #4, and to authorize the Mayor and
City Manager to sign the amended PUD Permit.
Motion to approve the First Amended Development Agreement for Central Park West PUD No. 121.
Motion to approve the Assumption of Development Agreement and Consent to Assumption for Central
Park West PUD No. 121.
Supporting Documents
• Location map (1 page)
• PUD Permit — Central Park West PUD No. 121, Amendment #4 (2 pages)
• Redline PUD Permit — Central Park West PUD No. 121 (5 pages)
• First Amended Development Agreement for Central Park West PUD No. 121 (15 pages)
• Redline Development Agreement for Central Park West PUS No. 121 (23 pages)
• Assumption of Development Agreement for Central Park West PUD No. 121 (7 pages)
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Central Park West P.U.D. No. 121
City Council Approval: April 7, 2015
City Council Approval Amendment #2: August 16, 2016
Amendment #3: January 7, 2019
City Council Approval Amendment #4: October 2, 2019
City of Golden Valley, Minnesota
Use Permit
for
Planned Unit Development
Amendment #4
Project Name: 10 West End - Central Park West P.U.D. No. 121
Location: Residential Phase One building (GV half): 1513 Utica Ave S
Hotel parking lot: 5073 Wayzata Blvd
Office parking ramp: 1603 Utica Ave S
Outlot for future parking ramp: 1653 Utica Ave S
Legal Description: Lot 3, Block 1, Central Park West P.U.D. No. 121 and Lots 1
and 2, Block 1 and Outlot A, Central Park West P.U.D. No. 121,
Second Addition, Hennepin County, Minnesota.
Applicant: OP4 SLP, LLC
Address: 1660 HWY 100 S, Ste. 400, Saint Louis Park, MN 55416
Owners: RISLP, LLC; Central Park West SPE, LLC; OP4 SLP, LLC; 10
West End, LLC
Zoning District: Office
Permitted Uses: To allow two six- story multiple family residential buildings, a six
story hotel, two 11- story office buildings, a parking ramp and a
linear park in both St. Louis Park and Golden Valley. A portion
of the Residential Phase One building, a portion of the parking
ramp, and the entire hotel surface parking lot will be located in
Golden Valley.
A. Conditions
1. The plans prepared by DLC Residential, LLC, dated February 2, 2015, and
March 20, 2015; the plans prepared by Colberg Tews and Cities Edge
Architects submitted Mach 1, 2016; and the plans prepared by Ryan
Companies submitted on June 28, 2016 (the "Final Plans"), shall become a part
of this approval.
Central Park West P.U.D. No. 121, Amendment #3 Page 2
2. After the site is completely built -out, no snow shall be stored on the site.
3. The City of St. Louis Park approves that portion of the PUD within its jurisdiction.
4. The recommendations and requirements of the Development Agreement
Central Park West P.U.D. #121, as amended, shall become part of this
approval. Owner consents and agrees to be bound by the applicable terms and
conditions in the previously established Development Agreement between the
City and Central Park West, LLC, executed on May 8, 2015, and amended and
restated on October 2, 2019.
5. The east -west driveway located along the south side of the proposed office and
ramp property (Lot 2) shall allow only one-way access in the westward
direction.
6. The previously approved hotel shuttle service plan shall be subject to periodic
review and approval by City staff.
7. If there are complaints from hotel users or the hotel owner, located on Lot 3,
Block 1, Central Park West P.U.D. No. 121 that overflow parking in the parking
ramp is not convenient or available, the City reserves the right to require that up
to 110 parking spaces be signed and/or striped to designate hotel parking
within the office ramp located on Lot 2 Block 1, Central Park West P.U.D. No.
121, Second Addition.
8. The property owners of any parcel in the Central Park West PUD No. 121 shall
adhere to the Travel Demand Management Plan approved for the West End
Redevelopment, which will serve to reduce traffic congestion. Based on the
monitoring of traffic conditions, the owner will be required to update the plan or
submit a new plan to the Golden Valley and St. Louis Park 1-394 Joint Task
Force in the future as needed.
9. Owner consents and agrees to be bound by the applicable terms and
conditions in the previously established Easement, Maintenance and Cost -
Sharing Agreement between Central Park West, LLC and OP4 SLP,LLC
executed on May 8, 2015.
10. This permit is subject to all other state, federal, and local ordinances,
regulations, or laws with authority over this development.
It is hereby understood and agreed that this P.U.D. Permit is a part of the City Council
approval granted on October 2, 2015, March 15, 2016, August 16, 2016, and October
2, 2019. Any changes to the PUD Permit for Central Park West P.U.D. No. 121 shall
require an amendment.
Central Park West P.U.D. No. 121, Amendment #3
Page 3
CITY OF GOLDEN VALLEY
a Minnesota municipal corporation
Witness: By:
Witness:
Witness:
-31
Shepard M. Harris, Mayor
Date:
Timothy J. Cruikshank, City Manager
Date:
RISLP, LLC
a Minnesota limited liability company
By: _
Name:
Title:
Date:
Central Park West P.U.D. No. 121, Amendment #3
Page 4
Witness:
Witness:
Witness:
CENTRAL PARK WEST, LLC
a Minnesota limited liability company
By: Central Park West Partners, LLC
a Delaware limited liability company
Its: Sole Member
By: Providian Holdings, LLC
a Florida limited liability company
Its: Managing Member
By:
Ruslan Krivoruchko
as Managing Member
Date:
10 WEST END, LLC
a Delaware limited liability company
By:
Name:
Title:
Date:
OP4 SLP, LLP
a Minnesota limited liability company
By: The Excelsior Group LLC, its Sole
Member
By: _
Name:
Title:
Date:
Central Park West P.U.D. No. 121
City Council Approval: April 7, 2015
City Council Approval Amendment #2: August 16, 2016
Amendment #3: January 7. 2019
City Council Approval Amendment #4: October 2. 2019
City of Golden Valley, Minnesota
Use Permit
for
Planned Unit Development
Amendment #24
Project Name: Location:
Central Park West P.U.D. No. 121, Amendment #3 Page 22
10 West End - Central Park West P.U.D. No. 121 Address Unassigned
Location: Residential Phase One building (GV half): 1513 Utica Ave S
Hotel parking lot: 5073 Wayzata Blvd
Office parking ramp: 1603 Utica Ave S
Outlot for future parking ramp: 1653 Utica Ave S
Legal Description: Lot 3, Block 1, Central Park West P.U.D. No. 121 and Lots 1
and 2, Block 1 and Outlot A. Central Park West P.U.D. No. 121,
Second Addition ennepin County, Minnesota.
Central Park West P.U.D. No. 121. Amendment #3 Page _33
10111-Street, Suite inn Min„eapelis MN 554 OP4 SLP, LLC
Address: 1660 HighwayHWY 100 Se�S, Su4eSta 400, St -.Saint Louis
Park, MN 55416
Owners: RISLP, LLC: Central Park West SPE, LLC: OP4 SLP. LLC: 10
West End. LLC
Zoning District: B Sires and DrofeSSOORal Office fO fice
Permitted Uses: Amendment -1 2 allows for anTo allow two six- story ple
family residential buildings, a six story hotel. two 11- story office
buildings, a parking ramp and a linear park in both St. -Louis -
Park and Golden Valley. A portion of the Residential Phase One
building aR d 7-lees'. a portion of the parking ramp n th
entire hotel surface ap rkina lot will be located in Golden Valley.
GOMPORe RtS:
A. Conditions
The plans prepared by DLC Residential. LLC. dated February 2, 2015, and
March 20. 2015: the Ip ans rye arp ed by Colbera Tews and Cities Edge
Architects submitted Mach 1. 2016; and the plans prepared by Ryan
Companies submitted on June 28, 2016 (the "Final Plans"), shall become a part
of this approval.
2. After the site is completely built -out, no snow shall be stored on the site.
3. The City of St. Louis Park approves that portion of the PUD within its jurisdiction.
4- The recommendations and requirements outlined in the memo fFem the Fire -
Department
of this appreva4
Central Park West P.U.D. No. 121. Amendment #3 Page 4
Engineering Divisien te the Plann ng Manager•
..
ement Central Park West P.U.D. #121, as amen
become oart of this apuroval. Omer consents and agrees to be bound by the
Agreement between the CitV and Central Park West,-• • 2
2015, and amended and restated on October
1 •
The east -west driveway located along the south side of the proposed office and
ramp property (Lot 2) mils+ be modified to i,,,,ludeshall allow only one-way
access in the westward direction.
- 0• ffillp
- • .•• • -• • - -M-0
•- • - • •- •• • .•• • . •
Z- 6-.If there are complaints from hotel users or the hotel owner, located on Lot 3-
of PB Block 1. Central Park West P.U.D. No. 121; that overflow parking in the
parking ramp is not convenient or available, the City reserves the right to
require that up to 110 parking spaces be signed and/or striped to designate
hotel parking.
• ..
Central Park West P.U.D. No. 121. Amendment #3 Page 55
04.
13.The parking rarnp shall include seGuritY Garneras as well as interier lighting
with aR average herizental illuminatieR ef a least GRe feetGandle on order
within the office ram-oi located on Lot 2 Block 1. Central Park West
P.U.D. No. 121, Second Addition
$- The property owners of any parcel in the Central Park West PUD No. 121
shall adhere to the Travel Demand Management Plan approved for the West
End Redevelopment, which will serve to reduce traffic congestion. The-
mi�_�_ iyst reGeiye staff approval prier totheissuance of a building per Based on
the monitoring of traffic conditions, the owner will be required to update the plan
or submit a new plan to the Golden Valley and St. Louis Park 4-1-394 Joint Task
Force in the future as needed.
i�:TT.�GT.Td:E1iNUMRf:MMrT:■K:IP."r.T.M
YAM-
9- 7 The owner wn r consents and agrees to be bound by the applicable terms
and conditions in the previously established Easement, Maintenance and Cost -
Sharing Agreement between Central Park West, LLC and OP4 SLP,LLC
executed on May 8, 2015.
10- This permit is subject to all other state, federal, and local ordinances.
regulations, or laws with authority over this development.
First Amended and Restated Development Agreement
This First Amended Development Agreement (this "Agreement") is entered into this
day of , 2019, by and between the City of Golden Valley, a Minnesota
municipal corporation (the "City"), RISLP, LLC, a Minnesota limited liability company ("RISLP");
Central Park West SPE, LLC, a Delaware limited liability company ("CPW"); OP4 SLP, LLC, a
Minnesota limited liability company ("OP4"); and 10 West End, LLC, a Delaware limited liability
company ("10 West End"). RISLP Central Park West, OP4, and 10 West End are collectively
referred to herein as "Developer."
WHEREAS, the City and CPW entered into that certain Development Agreement, Central
Park West P.U.D. #121, dated May 8, 2015, recorded on May 8, 2015, as Document No.
T05254071 (the "Development Agreement"), which was subsequently assigned and assumed by
OP4 as Developer, by the unrecorded Assumption of Development Agreement (Central Park West
P.U.D. NO. 121) dated December 5, 2016, between OP4 and the City (the "First Assumption");
and
WHEREAS, the Development Agreement related to that property legally described as
Lotw 1, 2, and 3, Block 1 and Outlot A, Central Park West P.U.D. No. 121, Hennepin County,
Minnesota (the "Development Property"); and
WHEREAS, a portion of the Development Property was subsequently replated and the
Development Property is now legally described on the attached Exhibit A; and
WHEREAS, by its terms, the Development Agreement runs with the Development
Property, and is binding on CPW and OP4's successors -in -interest in the Development Property;
and
WHEREAS, RISLP is the fee owner of the real property legally described as Lot 3, Block 1,
Central Park West PUD No 121; and
WHEREAS, CPW is the fee owner of real property legally described as Lot 1, Block 1,
Central Park West P.U.D. No. 121 Second Addition; and
1
WHEREAS, OP4 is the fee owner of the real property legally described as Outlot A, Central
Park West P.U.D. No. 121 Second Addition; and
WHEREAS, 10 West End is the fee owner of the real property legally described as Lot 2,
Block 1, Central Park West P.U.D. 121 Second Addition; and
WHEREAS, OP4 desires to assign certain of its obligations, rights and interests in, to and
under the Development Agreement to 10 West End and has asked the City to consent to a second
assumption of the Development Agreement by 10 West End; and
WHEREAS, Developer and the City wish to make certain changes to the Development
Agreement as set forth herein;
NOW, THEREFORE, in consideration of the foregoing, and in consideration of the mutual
terms and conditions contained herein, the parties agree as follows:
1. Second Assumption Agreement. The OP4, 10 West End and the City shall execute the Second
Assumption Agreement attached hereto as Exhibit B.
2. Obligations of Developer.
a. Developer shall comply with all requirements of the Planned Unit Development Permit
Amendment #4 (the "PUD Permit") approved by the Golden Valley City Council on
October 2, 2019.
b. Developer shall construct the Project in accordance with the plans prepared by DLC
Residential, LLC, dated February 2, 2015, and March 20, 2015; the plans prepared by
Colberg Tews and Cities Edge Architects submitted Mach 1, 2016; and the plans prepared
by Ryan Companies submitted on June 28, 2016 (the "Final Plans").
c. Developer shall record, at Developer's sole cost, all declarations, easements and
agreements by or between the private property owners that are within or part of the
PUD. Copies of these documents must be submitted to the City prior to the issuance of
permits.
d. Developer shall install ADA accessible curb ramps at all street and driveway crossings, and
replace or reconstruct any portions of the City's sidewalk on Wayzata Boulevard that are
impacted during construction.
e. Developer shall enter into a maintenance agreement (the "Public Art Maintenance
Agreement") with the City for the maintenance of the public art (the "Public Art") to be
installed on the ramp located at Lot 2 Block 1, Central Park West P.U.D. No. 121, Second
Addition (the "Parking Ramp") before the issuance of the Certificate of Completion for
the Parking Ramp. The Public Art Maintenance Agreement shall be developed after the
Public Art has been selected pursuant to the process described in paragraph 5(a) herein
and shall be in a form acceptable to the City Attorney. The Public Art Maintenance
2
Agreement shall specifically identify the Public Art to be installed and detail Developer's
responsibilities for maintaining the Public Art.
f. Developer shall install a minimum of two electric vehicle -charging stations in a
convenient location within the Parking Ramp.
g. Developer shall install security cameras as well as interior lighting with an average
horizontal illumination of a least one footcandle in the Parking Ramp in order to ensure
safety of ramp users.
h. Developer's plans shall comply with all of the requirements of the current Travel
Demand Management Plan prior to the issuance of a building permit. Compliance with
the Travel Demand Management Plan shall be determined by the City in its sole
discretion.
3. Installation by Developer. Developer shall install or cause to be installed and pay for the
following improvements on the site in the manner shown on the Final Plans (the "Site
Improvements").
a. Setting of Lot and Block Monuments.
b. Surveying and staking of work required to be performed by Developer.
c. Installation of gas, electric, communications, and cable lines prior to building occupancy.
Developer must place these facilities underground.
d. Installation of lighting to serve the PUD as shown on Final Plans.
e. Installation of any sanitary sewer services and water services to the buildings.
f. Installation of fire lines and hydrants as shown on the Final Plans.
g. Installation of all storm sewer and storm water quality treatment facilities as shown on
the Final Plans or as otherwise approved by the Minnehaha Creek Watershed District.
h. Installation of sidewalk and pedestrian facilities as shown on the Final Plans.
i. Installation of driveway aprons that meet City standards.
j. Grading, erosion control and landscaping in accordance with Final Plans.
5. Deposits and Payment for Public Art.
a. Securities for Public Art. Developer shall submit a cash deposit in the amount of $50,000
for the Public Art pursuant to the terms of a deposit agreement in a form acceptable to
the City Attorney. Developer shall develop more specific plans and specifications for the
Public Art with input from the public according to the following process:
i. Developer shall engage community members in the design process for the Public Art
by forming a committee (the "Committee") consisting of:
1. One member from the Golden Valley Community Foundation
icj
2. One Golden Valley Planning Commissioner
3. Two residents of the South Tyrol/Kennedy Addition neighborhood of Golden
Valley
4. One St. Louis Park resident
5. Two members from Ryan Companies or Excelsior Group
6. One member from the Golden Valley City Planning Staff
7. One member from the St. Louis Park City Planning Staff
ii. Developer shall develop the Public Art, with the input of the Committee according to
the following process:
1. Golden Valley and St. Louis Park Planning staff meet with Ryan Companies and
artist to discuss overall timeline, the execution process, and plans for community
input
2. Committee meets to review precedence images and provide input to artist and
landscape architects on the design direction
3. Committee meets a second time to show 2 to 3 concept alternatives
4. Committee meets a third time to discuss enhanced final concept
5. Developer installs Public Art
6. Developer hosts a Community Engagement Day with and community members
after installation of Public Art is complete.
iii. The City shall not issue the Certificate of Occupancy for the Parking Ramp or release
the Public Art Security until the Public Art is installed and the parties have entered
into and recorded a Public Art Maintenance Agreement.
b. Securities for Site Improvements related to Phase 1 (apartment building and linear park). As
of the date hereof, the CPW has submitted a Cash Deposit or Stand-by Irrevocable Letter of
Credit issued by a local banking institution and in a form acceptable to the City Attorney for
the following:
i. 125% of the estimated cost to furnish and install all materials identified in the Landscape
Plan for PUD 121 (calculated at $50,140 x 125% _ $62,675) on file in the Physical
Development Department. The landscape security required herein may be reduced by
66% following installation of landscape materials per the approved plan and upon
acceptance bythe City. The remaining balance of the landscape security will be retained
by the City for a warranty period of two years following installation and acceptance by
the City to ensure survival of the plant materials. The remaining balance will be released
to the Developer following the City's acceptance of the two-year warranty inspection.
ii. 125% of the estimated cost to furnish and install all park amenities identified in the
Linear Park Site Plan (calculated at $15,000 x 125% _ $18,750) within the City of Golden
Valley on file in the Physical Development Department. Park amenities include but are
rI
not limited to the monument sign and benches. The security for parka men ities required
herein will be released following installation of the amenities and inspection and
acceptance by the City.
c. 10 West End shall pay all required fees and costs incurred by the City related to the review
and processing of this Agreement and the PUD Permit Amendment #4, and the Public Art
Maintenance Agreement (as that term is defined below) including legal and professional
consulting costs. As of the date hereof, the Developer has submitted a deposit for these
fees.
6. Developer's Default. In the "Event of Default" by the Developer as to any of the work to be
performed by it hereunder, the City may, at its option, perform the work and the Developer
shall promptly reimburse the City for any expense incurred by the City, provided the
Developer is first given notice of the work in default, not less than 48 hours in advance.
Developer grants the City the full authority and license to act pursuant to any default that is
not cured by the Developer within six weeks, provided, however, that if the Event of Default
is one that cannot be cured within six weeks, the City shall afford Developer a reasonable
amount of additional time to cure. It shall not be necessary for the City to seek a court order
for permission to enter the land. When the City does any such work, the City may, in addition
to its other remedies, levy the cost in whole or in part as a special assessment against the
Subject Property. The Developer waives its right to notice of hearing and hearing on such
assessments and waives the right to appeal such assessments pursuant to Minnesota
Statutes, Section 429.081. The following shall be an "Event of Default" under this Agreement:
(i) Failure by the Developer to pay any amount required to be paid under any provision of this
Agreement within 30 days after the date said payment is due; or (ii) failure by the Developer
to observe and substantially perform any covenant, condition or obligation on its part to be
observed or performed under this Agreement.
7. Hold Harmless and Indemnification. The Developer shall indemnify and hold the City and its
officers, employees and agents harmless from claims made by Developer for damages
sustained or costs directly incurred resulting from development of the Project, construction
and operation, except for such damages or costs resulting from the negligence, intentional
misconduct or intentional violation of this Agreement or applicable laws and ordinance by
the City, or its officers or employees.
8. License. The Developer, and its successors and assigns, hereby grant the City, its agents,
employees, officers and contractors a license to enter the Subject Property during the site
development, including construction, and all times thereafter, to perform all work and
inspections applicable thereto and contemplated under this Agreement.
9. Miscellaneous Provisions
a. This first Amended Development Agreement shall become effective as of October 2, 2019
and shall supersede and replace the prior Development Agreement Central Park West
0
P.U.D. #121 between the parties dated May 8, 2015 and recorded as Document No.
T05254071 in the office of the Hennepin County Registrar of Titles.
b. Each developer represents to the City that the development of its respective portion of the
Subject Property as contemplated herein complies with all City, county, metropolitan, state
and federal laws and regulations including, but not limited to: subdivision ordinances,
zoning ordinances and environmental regulations. The Applicant and all development
within the PUD shall comply with all other Golden Valley, state, federal, and local
ordinances, regulations, or laws with authority over this development.
c. Third parties shall have no recourse against the City under this Agreement.
d. In addition to any other remedies available to the City, breach of any term of this
Agreement by the Developer shall be grounds for denial of building permits, including lots
sold to third parties.
e. If any portion, section, subsection, sentence, clause, paragraph or phase of this
Agreement is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Agreement.
f. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Agreement. To be binding, amendments or waivers shall be in writing,
signed by the parties and approved by written resolution of the City Council. The City's
failure to promptly take legal action to enforce this Agreement shall not be a waiver or
release.
g. This Agreement, any amendments hereto, and conditions of the PUD Permit Ordinances
are binding on all successors and assigns of the Developer, shall run with the land and
shall be recorded against the title to the property. This Agreement must be recorded in
the appropriate Hennepin County land records at the expense of the Developer and a
copy of the recorded executed Agreement provided by the Developer to the City.
h. Developer, its successors and assigns, agree to provide the execution of amendments to
this Agreement, as are necessary to effect the recording hereof. After Developer has
completed the work required of it under this Agreement, at Developer's request, the City
will execute and deliver a release to the Developer as for the obligations related to such
work.
Each right, power or remedy herein conferred upon the City is cumulative and in addition
to every other right, power or remedy, express or implied, now or hereafter arising,
available to the City, at law or in equity, or under any other agreement, and each and
every right, power and remedy herein set forth or otherwise so existing may be exercised
from time to time as often and in such order as may be deemed expedient by the City and
shall not be a waiver of the right to exercise at any time thereafter any other right, power
or remedy.
j. Developer may not assign this Agreement without the written consent of the City, which
consent shall not be unreasonably withheld.
[1
k. Developer represents to the City that, with respect to itself (and with respect to thirds
parties, to its actual knowledge,) no material misrepresentations have been or will be
made, nor has any materially inaccurate information was or will be provided to the City
by the Developer during the City's review process.
Notwithstanding any provision of this Agreement to the contrary, to the full extent
permitted by State laws, any further development or construction of new improvements
and any additions or alterations to existing improvements not expressly approved under
this Agreement shall require additional approvals from the City, as required by City
ordinances, and in full compliance with any amendments to the City's Comprehensive
Plan or Zoning Ordinance requirements enacted after the date of this Agreement.
10. Notices. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by registered
mail at the following addresses:
Russ Krivor
c/o DLC Residential, LLC
21500 Biscayne Boulevard, 4th Floor - Suite 402
Aventura, Florida 33180
Central Park West SPE, LLC
RISLP, LLC
OP4 SLP, LLC
VA
10 West End, LLC
Notices to the City shall be in writing and shall be either hand delivered to the City Manager,
or mailed to the City by registered mail in care of the City Manager at the following address:
City Manager
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
[Remainder of page intentionally left blank. Signature page follows.]
E:3
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above
written.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY OF GOLDEN VALLEY
a Minnesota municipal corporation
Shepard M. Harris, Mayor
Timothy J. Cruikshank, City Manager
The foregoing instrument was acknowledged before me this day of ,
2015, by Shepard M. Harris, Mayor, and Timothy J. Cruikshank, 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
iO
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CENTRAL PARK WEST SPE, LLC
a Delaware limited liability company
By: Central Park West Partners, LLC
a Delaware limited liability company
Its: Sole Member
By: Providian Holdings, LLC
a Florida limited liability company
Its: Managing Member
Ruslan Krivoruchko
as Managing Member
The foregoing instrument was acknowledged before me this day of
2019, by , as of
, on behalf of the company.
Notary Public
10
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
RISLP, LLC
a Minnesota limited liability company
IN
Name:
Title:
The foregoing instrument was acknowledged before me this day of ,
2019, by
as , of
on behalf of the company.
11
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
10 WEST END, LLC
a Delaware limited liability company
L32
Name:
Title:
The foregoing instrument was acknowledged before me this day of ,
2019, by
as , of
on behalf of the company.
12
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
OP4 SLP, LLP
a Minnesota limited liability company
By: The Excelsior Group LLC, its Sole Member
ag
Name:
Title:
The foregoing instrument was acknowledged before me this day of ,
2019, by as , of
, on behalf of the company.
Notary Public
13
EXHIBIT A
The Development Property
Lot 3, Block 1, Central Park West P.U.D. No. 121 Hennepin County, Minnesota
and
Lots 1 and 2, Block 1 and Outlot A, Central Park West P.U.D. No. 121, Second Addition,
Hennepin County, Minnesota.
14
EXHIBIT B
Assumption Agreement
15
First Amended and Restated Development Agreement
This First Amended Development Agreement (this "Agreement'1 is entered into this
day off , 2- 2019, by and between the City of Golden Valley, a
Minnesota municipal corporation (the "City"), -ard- Co„+ral Park West RISLP LLC, a Minnesota
Liability r-,,,,, paRylimited liability company (fie-"^^ll lepeF''i
-1-.oI;4nnp d I Inet Development iawe.,aI UP RISLP'): Central Park West SPE. LLC. a
Delaware limited liability company ("CPW"); OP4 SLP. LLC. a Minnesota limited
liability company ("OP4'1: and 10 West End. LLC. a Delaware limited liability
company ("10 West End'). RISLP Central Park West, OP4, and 10 West End are
collectively referred to herein as "Developer."
WHEREAS. the City and CPW entered into that certain Development Agreement,
Central Park West P.U.D. #121, dated May 8. 2015, recorded on May 8. 2015. as Document No.
T05254071 (the "Development Agreement'), which was subsequently assigned and assumed by
OP4 as Developer, by the unrecorded Assumption of Development Agreement (Central Park
West P.U.D. NO. 121) dated December 5. 2016. between OP4 and the City (the "First
Assumption' : and
WHEREAS. the Development Agreement related to that property legally described as
Lotw 1. 2. and 3. Block 1 and Outlot A. Central Park West P.U.D. No. 121, Hennepin County.
Minnesota (the "Development Propert " :and
WHEREAS, a portion of the Development Property was subsequently replated and the
Development Property is now legally described on the attached Exhibit A; and
WHEREAS, by its terms. the Development Agreement runs with the Development
Property, and is binding on CPW and OP4's successors -in -interest in the Development Property:
and
4
WHEREAS. RISLP is the fee owner of the real property legally_ described as Lot 3, Block 1.
Central Park West PUD No 121; and
WHEREAS. CPW is the fee owner of real property legally described as Lot 1. Block 1.
Central Park West P.U.D. No. 121 Second Addition: and
WHEREAS. OP4 is the fee owner of the real property legally described as Outlot A.
Central Park West P.U.D. No. 121 Second Addition: and
WHEREAS. 10 West End is the fee owner of the real rrooperty legally described as Lot 2.
Block 1, Central Park West P.U.D. 121 Second Addition: and
WHEREAS. OP4 desires to assign certain of its obligations, rights and interests in, to and
under the Development Agreement to 10 West End and has asked the City to ae—a-
°i,r,no,� consent to a second assumption of the Development (PUD 12' kPA-y"A ^,;
Eentra1 ° ,r�, �n�y ,.,�i, �, i� ,,� ,��„ ,� �, rih ,,� P 4++-,,.h,.,.,,,A+ nn Agreement
by 10 West End: and
WHEREAS. Developer and the City wish to make certain changes to the Development
Agreement as set forth herein:
NOW. THEREFORE, in consideration of the foregoing, and in consideration of the
mutual terms and conditions contained herein, the parties agree as follows:
L Second Assumption Agreement. The OP4. 10 West End and the City shall execute the
Second Assumption Agreement attached hereto a-44„ereby made a part- hereef
27, 2015, shaf h0r--A-F e a part of this appreya4
' 01.
MI
P-. T ho Ci At r,-,�h. I1 0PeI--d-e 'b 1 1 D. nlr. 121A i t:rt fleas Exhibit B.
2- Obligations of Develo eer.
a. Developer shall comply with all reauirements of the Planned Unit Development Permit
Amendment #4 (the "PUD Permit'l approved by the Golden Valley City Council on
h. Developer shall construct the Proms in accordance with City
f lA park der ir--atien foe of $70 568 (2 of the er+irv.-terl .'And value) shall he paid
prier +ethe City'S rigRinn and release of+he Final Plat -.nr- the ir-sulaRre of any
M . ing permits.
(4,32:7.90)
of the
Demand
1l
5.4anagernent
1Fees
asseGiated
•
Dist The applicant er
any future
ewner
shall
te the Travell
-Fir -A.
Deemandd Management Plan
preperty
submittedMarch
-Addhelre
•
•the ent•
\ •
1
Applicant
DI Ilk
1
1
•
that
the final
ark appFeves
PGFtmeR
ef
plaRned
unit
1
• ■
1
1
The Deyeleper it required +e f-I.,.J the publie infr +ri +i r � iw.r re"ew.er.+
(turn lanes - Y,.d -, teal w erlo -,++he in+eroere+ien of Mula yzata Qeulevard
Quentin e discussed +h C 'neerii,
and�ae�lrFFl��li��a3--i-rrriTc-�i rb`-'nTccrrrrs�—'Tcv d
memeranplum datedMarch 2:7, 2015, and descFib e dh-re re+r}th a Ian s
prepared by DLC Residential. LLC, dated February 2. 2015, and March 20.
2015; the plans prepared by Colberg Tews and Cities Edge Architects
submitted Mach 1. 2016; and the plans prepared by Ryan Com ap Hies
submitted on June 28. 2016 (the "Final Plans").
c. b.The Developer 4a-u-Ashall record. at Developer's sole cost. all declarations, easements;
and agreements by or between the private property owners that are within or part of
the (men+rnl Dnrli West planned „n;+ le.,elenmen+pUD. Copies of these documents
must be submitted to the City prior to the issuance of permits.
d_ s.TThe—E+t���--o;=vviueiA Valley must he party te--aTea-seiMeRts dedicated by the
Develeper feF publie use ef the Linear Park PAP] PPrtAOA rndPWAlks and trails ler-A
be e—and—euts+de e# the LipeaF Park epeeace, within the Gity „f Gel n
ei Eepies,"''ust be submitted to the rcrt�'.
d The Developer +Developer shall install ADA accessible curb ramps at all
street and driveway crossings, and replaced or reconstruct any portions of
the City's sidewalk on Wayzata Boulevard that are impacted during
construction.
e. T4e-Developer must ehtnin City Right _ef_\A ay Management Permit fer. -ill nrepese d
drvewalk enter remain ancterrrm cei�ier renctr��r+ien
eiA�y,-S-iC�c�vurrr=vPcr , rn�r�c.vcrcv�rrrm�ccrvrr.
parcel within the City of Gelyden Valley, hefere each phase of renc+ri,r+ien
eaR begin.
n The Developer must eht-min a Tree Dreceryatien Permit fer enrh
phase of RStF +ien in G_A_I drmn Valley hefere e nc+ru +ien can
The De„^leper m„�shall enter into a maintenance agreement (the "Public Art
Maintenance Agreement'1 with the City—,befeKejD1the issua
of building permits, u dining the Developer's r r-ihili+iec fer the
fell
public `i. ey.4-,lk -,leng Wayzata Be u1eyard
. nn-r ra i n t .pann c--e-e tip alb afi fire line }lam` v�zr+ h cm c-vet ;i
f-U+PUre he+el site (Let 2)i0i MaiRten-mnre of rer+nin amenities
vPTE'F11Tnr-the it ear D_r IK deem n��hlir -ice rird em inl �tr;;o
approved plane original copies of which are n file with the City' Physical
rm Development DepaFtme+. rt (the "Public Art'1 to be installed on the ramp located
at Lot 2 Block 1, Central Park West P.U.D. No. 121. Second Addition (the "Parking-
Ramp'1 before the issuance of the Certificate of Completion for the Parking Ramp.
The Public Art Maintenance Agreement shall be developed after the Public Art has
been selected pursuant to the process described in paragraph 5(a) herein and shall
be in a form acceptable to the City Attorney. The Public Art Maintenance
Agreement shall specifically identify the Public Art to be installed and detail
Developer's responsibilities for maintaining the Public Art.
f. Developer shall install a minimum of two electric vehicle -charging stations in a
convenient location within the Parking Ramp.
g_ Developer shall install security cameras as well as interior lighting with an average
horizontal illumination of a least one footcandle in the Parking Ramp in order to ensure
safety of ramp users.
h. Developer's plans shall comply with all of the requirements of the current Travel
Demand Management Plan prior to the issuance of a building permit. Compliance with
the Travel Demand Management Plan shall be determined by the City in its sole
discretion.
3. Installation by Developer.
a.5ite IMPFe ements. T6,., Developer shall install or cause to be installed and pay
for the following, heFeinaf+r.r referred +^ improvements on the site in the
manner shown on the Final Plans (the "Site Improvements- he secur;+;^�
reg sired fr.r Site Irv. nts are dis ed- this
a_ Setting of Lot and Block Monuments.
h. + Surveying and staking of work required to be performed by 4eDeveloper.
c. Instaiiiition of gas, electric, communications, and cable lines prior to building
occupancy. Developer must place these facilities underground.
d. InsJvltion of lighting to serve the deve1^^meR-WLJD as shown on Final Plans.
V.
e- Installation of any sanitary sewer services and water services to the buildings.
L Installation of fire lines and hydrants as shown on the Final Plans.
g� Installation of all storm sewer and storm water quality treatment facilities as shown on
the Final Plans or as otherwise approved by the Minnehaha Creek Watershed District.
b- Installation of sidewalk and pedestrian facilities as shown on the Final Plans.
L Installation of driveway aprons that meet City standards.
Thegrading Grading, erosion control and landscaping, all „f which -;hall he madde in
accordance with Final Plans.
5. 6. Art.
a. Securities for Public Art. Developer shall submit a C-aSh�es+t feTthe public
as '!3epes+tfer Publie I�voF-^Trtc ." The hlie Hmpivveimei�ris -he
GenctruGto
bycash deposit in the amount of $50,000 for the Public Art pursuant to the
terms of a deposit agreement in a form acceptable to the City Attorney. Developer shall
develop more specific plans and specifications for the Public Art with input from the
public according to the following process:
i. Developer shall engage community members in the design process for the Public Art
by forming a committee (the "Committee') consisting of:
1. One member from the City e Golden Valley and eempr;l^ ; Rtc to
r�to rcorti�r• Af Wayzata RAylp�gpr(I pncl Quentin v ue South AR tho
therrccrrcccrvrr-vr-vva�ca ca�vaTcv-ara--crrra�ae�-1 c�rrrcPe�i
Part- sipip Af Tr--nl, Highway 'Inn the c nstrur-tien Af turp 1;4npr ;4pel
retair,ir im,-iRStallati^crvA vrStGP SigR @Ad- Fei t-epd ,yA—rk �� fit r
the rcerseetFAn ifflPFevements. The DevelOpel' Will ., ide conceptual plans that
define the sGepe o f the p r e i e`A Vhat are aGEeptable te the City E R g i R T-h-e-
seepe the p ct i subject to cemment-S -and revisiens by the Mir,r eseta
Department r,f Trar,cpertat*en,The -P.`rtH:Aated GASfeF publiG imprevemeRts-
is It as ntieipated that ticiese i pts v.;ill be cempleted-
by the City iR 701
Community Foundation
2. One Golden Valley Planning Commissioner
3. Two residents of the South Tyrol/Kennedy Addition neighborhood of Golden
Valley
4. One St. Louis Park resident
5- Two members from Rvan Companies or Excelsior Groua
& One member from the Golden Valley City Planning Staff
Z. One member from the St. Louis Park City Planning Staff
iL Developer shall develop the Public Art, with the input of the Committee according
to the following process:
L Golden Valley and St. Louis Park Planning staff meet with Ryan Companies and
artist to discuss overall timeline, the execution process, and plans for
communit�ut
2. Committee meets to review precedence images and provide input to artist and
landscape architects on the design direction
3-
Committee
meets
a second time to show 2 to 3 concept alternatives
4.
Committee
meets
a third time to discuss enhanced final concept
5-
Developer
installs
Public Art
6-
Developer
hosts
a Community Engagement Day with and community members
after installation of Public Art is com Ip ete.
iii. The City shall t.re the depesitas a separat-e-acceunt en itTb��. "— ', interest
ON GIM
._
OWN
i
---
--
-- - -- - -- - - -- -- -
- - - - -- ---- --
._
.... .......
. M.''N.
-"-I
a Park fled 0catin4Cee
The Devdepe�-assessed a Pad, Dediaten Pee-9f7Q568 perCityCede.
Payment in fell is required prier +e the ri+.i s signing and release of the
Final DID+ and the issuance of any building permits
h T-FaffiG Management A—MinijUntian Coe
The DeMeper is assessed a Traffic Management A.dminis+ aNen Fee of
$4,327.9n-r�v(payment of half of the fee) fer the f4s_ �_ham.as`e_-eef censtr{ac�vnrprcirpra-
Us r it prier e r se of e final INat The emmainin fen
TJT��Tr"�-fi�7TfPrtOT e�7CVr 1. �GTI7LlI"fffT C�
(4327— 0) A recluked t e be paFd W h the submittal e fa b uii d Fng-p f m# -
nlieatep The rdeyAeper of any PUD amendment fer future phacnc of
MRSMAOR shaH pay the Traffic Management AdministFatiGR Fees, as Outlined iR-
the Cnity c 1_394 Overlay Zen inrt ni&+ri-+.not issue the Certificate of Occu ap ncv_
for the Parking Ramp or release the Public Art Security until the Public Art is
installed and the parties have entered into and recorded a Public Art
Maintenance Agreement.
b- Securities for Site Improvements_. The —Developer shall submit related to Phase 1
(apartment buildina and linear park). As of the date hereof. the CPW has submitted a
Cash Deposit or Stand-by Irrevocable Letter of Credit OR form acceptable and issued by
a local banking institution and in a form acceptable to the City Attorney for the following:
i. a.125% of the estimated cost to furnish and install all materials identified in the
Landscape Plan for PUD 121 (calculated at $50,140 x 125% = $62,675) on file in the
Physical Development Department. The landscape security required herein may be
reduced by 66% following installation of landscape materials per the approved plan
and upon acceptance by the City. The remaining balance of the landscape security will
be retained by the City for a warranty period of two years following installation and
acceptance by the City to ensure survival of the plant materials. The remaining
balance will be released to the Developer following the City's acceptance of the
two-year warranty inspection.
ii. b-.125% of the estimated cost to furnish and install all park amenities identified in the
Linear Park Site Plan (calculated at $15,000 x 125% = $18,750) within the City of
Golden Valley on file in the Physical Development Department. Park amenities include
but are not limited to the monument sign and benches. The security for park
amenities required herein will be released following installation of the amenities and
inspection and acceptance by the City.
c- 10 West End shall pay all required fees and costs incurred brelated to the
review and processing of this Agreement and the PUD Permit Amendment #4, and the
Public Art Maintenance Agreement as that term is defined below including legal and
professional consulting costs. As of the date hereof. the Developer has submitted a
deposit for these fees.
L Developer's Default. In the "Event of Default" by the Developer as to any of the work to
be performed by it hereunder, the City may, at its option, perform the work and the
Developer shall promptly reimburse the City for any expense incurred by the City, provided
the Developer is first given notice of the work in default, not te§sless than 48 hours in
advance. Developer grants the City the full authority and license to act pursuant to any
default that is not cured by the Developer within six weeks, and-iturovided, however, that
if the Event of Default is one that cannot be cured within six weeks. the City shall afford
Developer a reasonable amount of additional time to cure. It shall not be necessary for the
City to seek a court order for permission to enter the land. When the City does any such
work, the City may, in addition to its other remedies, levy the cost in whole or in part as a
special assessment against the Subject Property. The Developer waives its right to notice of
hearing and hearing on such assessments and waives the right to appeal such assessments
pursuant to Minnesota Statutes, Section 429.081. The following shall be an "Event of
Default" under this Agreement: (i) Failure by the Developer to pay �• -,
;"^^ ^'--^ nP .. ;n^".^,1
the-ar�tv amount sanrequired to be paid by Deyelep - under any provision of this
Agreement within 30 days after the date said payment is due; or (ii) failure by the
Developer to observe and substantially perform any covenant, condition or obligation on
its part to be observed or performed under this Agreement.
7- 1I.Respensibeinty fGF (4sUl-loldl Harmless n Indemnification. The Developer shall
indemnify and hold the City and its officers, employees and agents harmless from claims
made by Developer for damages sustained or costs directly incurred resulting from
development of the Project, construction and operation, except for such damages or costs
resulting from the -greys negligence, intentional misconduct or intentional violation of this
Agreement or applicable laws and ordinance by the City, or its officers or employees.
8- License. The Developer, and its successors and assigns, hereby grant the City, is agents.
employees, officers and contractors a license to enter the Subject Property during the site
development. including construction, and all times thereafter, to perform all work and
inspections applicable thereto and contemplated under this Agreement.
•
This first A11-Id-. Develooment AgmementI. become effective as of October1 •
and shall sugersecle and reulace the prior Development Agreement Central Park West
P.U.D. #121 between the uarties dated May 8, 2015 and- recorded as Document No.
T05254071 I the office of I- ■-II-• I County Registrar QLRtLeL
b_ - T"o no��^�^^^ Each develo�e_r represents to the City that the development of its
respective portion of the Subject Property as contemplated herein complies with all City,
county, metropolitan, state and federal laws and regulations including, but not limited to:
subdivision ordinances, zoning ordinances and environmental regulations. The Applicant
N.
and all development within the PUD shall comv with all other Golden Valley. state.
federal, and local ordinances, regulations, or laws with authority over this development.
e. Third parties shall have no recourse against the City under this Agreement.
_d_ ��In addition to any other remedies available to the City, r ch of any
term of this Agreement by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
e-. 4-.If any portion, section, subsection, sentence, clause, paragraph or phase of this
Agreement is for any reason held invalid, such decision shall not affect the validity of
the remaining portion of this Agreement.
L e-The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Agreement. To be binding, amendments or waivers shall be in writing,
signed by the parties and approved by written resolution of the City Council.
The City's failure to promptly take legal action to enforce this Agreement shall not be a
waiver or release.
gfL.This Agreement, any amendments hereto, and conditions of the ^rdocP10—
Permit Ordinances are binding on all successors and assigns of the Developer, shall run
with the land and shall be recorded against the title to the property. This Agreement
must be recorded in the appropriate Hennepin County land records at the expense of
the Developer and a copy of the recorded executed Agreement provided by the
Developer to the City.
h. gDeveloper, its successors and assigns, agree to provide the execution of amendments
to this Agreement, as are necessary to effect the recording hereof. After the -Developer
has completed the work required of it under this Agreement, at—t4e Developer's
request, the City will execute and deliver a release to the Developer as for the
obligations related to such work.
i. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter
arising, available to the City, at law or in equity, or under any other agreement, and
each and every right, power and remedy herein set forth or otherwise so existing may
be exercised from time to time as often and in such order as may be deemed expedient
by the City and shall not be a waiver of the right to exercise at any time thereafter any
other right, power or remedy.
�1 Developer may not assign this Agreement without the written perm iss-sienconsent of
the City, which consent shall not be unreasonably withheld.
k_ 'Developer represents to the City that, with respect to itself (and with respect to
thirds parties, to its actual knowledge,) no material misrepresentations have been or
will be made, nor has any materially inaccurate information was or will be provided to
the City by the Developer during the City's review process.
10
10
I. Notwithstanding any provision of this Agreement to the contrary, to the full extent
permitted by State laws, any further development or construction of new
improvements and any additions or alterations to existing improvements not expressly
approved under this Agreement w+a-ishall require additional approvals from the City, as
required by City ordinances, and in full compliance with any amendments to the City's
Comprehensive Plan or Zoning Ordinance requirements enacted after the date of this
Agreement.
10-3-3-.Notices. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by
registered mail at the following addresses:
Russ Krivor
c/o DLC Residential, LLC
21500 Biscayne Boulevard, 4th Floor - Suite 402
Aventura, Florida 33180
Central Park West SPE, LLC
10 West End. LLC
u
Notices to the City shall be in writing and shall be either hand delivered to the City
Manager, or mailed to the City by registered mail in care of the City Manager at the
following address:
City Manager
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
[Remainder of paae intentionally heft blank. Sianature paae ollows.l
12
44
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above
written.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
0
epard M. HaFd , Maye
49a-D--B-4T Ma R a g e r
• Coo of+oohed for Devehner
• Ciivna;t ire -nd
:By:
• ---------------------
CITY OF GOLDEN VALLEY
a Minnesota municipal corporation
B
13
By:
Shepard M. Harris, Mayor
By:
Timothy J. Cruikshank, City Manager
'C
The foregoing instrument was acknowledged before me this day of _
2015, by Shepard M. Harris, Mayor, and Q 4Timothy
Cruikshank, 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.
-N f-Ru
OF nnINNESOTn COUNTY nF---4 ii iDITH A. NA i v
N OTniw i O irO it
s s:
■
14
-1-4
nf
15
3§
Notary Public
CENTRAL PARK WEST SPE, LLC
a Delaware limited liability companv
Bv: Central Park West Partners. LLC
a Delaware limited liability company
Its: Sole Member
By: Providian Holdings. LLC
a Florida limited liability company
Its: Managing Member
Bv:
Ruslan Krivoruchko
as Managing Member
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of 2019, by
. as of
on behalf of the companv.
NotaryPublic
ublic
16
16
RISLP,LLC
a Minnesota limited liability companv
Name:
Title:
STATE OF MINNESOTA 1
SS.
COUNTY OF HENNEPIN 1
The foregoing instrument was acknowledged before me this day of
2019, by as of
on behalf of the company.
Notary Public
17
17
10 WEST END. LLC
a Delaware limited liability company
Name:
Title:
STATE OF MINNESOTA 1
SS.
COUNTY OF HENNEPIN 1
The foregoing instrument was acknowledged before me this day of
2019, by as of
on behalf of the company.
Notary Public
M:
OP4 SLP, LLP
a Minnesota limited liability companv
By: The Excelsior Group LLC. its Sole Member
Name:
Title:
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
2019, by as . of
. on behalf of the companv.
Notary Public
19
19
EXHIBIT A
The Development Agr-eemenPr r
Lot 3, Block 1, Central Park West P.U.D. #4-24
CENTRAL T PARK D TI WEST, LT !`,
eNo. 121 Hennepin County. Minnesota-
M
SS:
:COUNTY_QF_ Ip
rMl z E:
er.*�sssMrrs:.:��.:�
■
O\. .*aR E B € EG A sP E S S 0 L A N 0
05ti g Expigis
T
.OudEd Ti fu 8yd; i �!e ay wfryicze
— in
21
ITIMIMMMM . MIA
Lots 1 and 2. Block 1 and Outlot A. Central Park West P.U.D. No. 121, Second Addition.
Hennepin County, Minnesota.
22
24
EXHIBIT B
Assumption Agreement
23
ASSUMPTION OF DEVELOPMENT AGREEMENT
AND CONSENT TO ASSUMPTION
THIS ASSUMPTION OF DEVELOPMENT AGREEMENT AND CONSENT TO
ASSUMPTION (this "Agreement") dated as of the day of October, 2019, is made and entered into
by and between OP4 SLP, LLC, a Minnesota limited liability company ("OP4"), 10 WEST END, LLC, a
Delaware limited liability company ("10 West End"), and the City of Golden Valley, a Minnesota
municipal corporation (the "City"). 10 West End, OP4 and the City maybe referred to as the "parties".
WITNESSETH:
WHEREAS, the City and Central Park West, LLC, a Minnesota limited liability company
("CPW") entered into that certain Development Agreement, Central Park West P.U.D. #121, dated May
8, 2015, recorded on May 8, 2015, as Document No. T05254071 (the "Development Agreement"); and
WHEREAS, the Development Agreement was assigned to and assumed by OP4 SLP, LLC, as
Developer (as that term is defined in the Development Agreement), by the unrecorded Assumption of
Development Agreement (Central Park West P.U.D. No. 121) dated December 5, 2016, between OP4
SLP, and the City (the "Assumption"); and
WHEREAS, the Development Agreement was amended by the First Amended Development
Agreement, approved by the City on October 2, 2019 (the "First Amended Development Agreement");
and
WHEREAS, by its terms, the First Amended Development Agreement runs with the
Development Property (as that term is defined in the Development Agreement), and is binding on OP4's
successors -in -interest in the Development Property; and
WHEREAS, OP4 is the fee owner of the real property, legally described in Exhibit A attached
hereto (the "OP4 Property"), and by Limited Warranty Deed to be executed simultaneously herewith is
conveying said OP4 Property to 10 West End (the "Transfer Date"); and
WHEREAS, OP4 is retaining that certain real property legally described on Exhibit B, attached
hereto (the "Retained Property"), and all of the rights and obligations of OP4 as relates to this Retained
Property; and
WHEREAS, OP4 desires to assign certain of its obligations, rights and interest in, to and under
the Development Agreement and Assumption to 10 West End, effective as of the Transfer Date, and 10
West End desires to accept the assignment thereof and assume certain of OP4's obligations under the
Development Agreement and Assumption from and after the Transfer Date, all as more particularly
hereinafter set forth (the "Assumed Obligations");
WHEREAS, any assignment of the Development Agreement requires the consent of the City; and
WHEREAS, the City desires to consent to 10 West End's assumption of the Development
Agreement and OP4 desires to document its assumption of the rights and obligations under the
Development Agreement to the extent that they apply to the OP4 Property.
NOW, THEREFORE, in consideration of the foregoing and the covenants and agreements
contained herein, OP4, 10 West End and the City hereby covenant and agree as follows:
Any capitalized term used herein and not otherwise defined herein shall have the meaning
ascribed to such term in the First Amended Development Agreement and Assumption.
2. As of the Transfer Date, 10 West End hereby assumes certain of the rights and obligations of OP4
under the Development Agreement and Assumption but only to the extent that such rights and
obligations apply to the OP4 Property, and, specifically, those rights and obligations as set forth
herein.
Except as expressly identified in this Section 2, 10 West End assumes no rights or obligations of
OP4 and shall not be liable for payment or performance of obligations under the Development
Agreement or Assumption that apply to any other portion of the Development Property (as that
term is defined in the Development Agreement). OP4 shall only be liable for payment or
performance of obligations under the Development Agreement or Assumption as they may apply
to the OP4 Property.
3. The City hereby acknowledges that the rights and obligations under Sections 5(b) of the First
Amended Development Agreement do not apply to the OP4 Property.
4. Notwithstanding the foregoing or anything else to the contrary contained herein or in the First
Amended Development Agreement and Assumption, OP4 and 10 West End agree that 10 West
End is not hereby assuming or agreeing to keep and perform any of the covenants, obligations
and agreements to be kept and performed by the Developer under the Development Agreement
other than the Assumed Obligations from and after the Transfer Date.
5. The City hereby consents to the assumption by 10 West End of the rights and obligations of OP4
as the Developer under the First Amended Development Agreement and Assumption as set forth
in Sections 2 and 3 above.
6. This Agreement shall be binding on and inure to the benefit of the parties hereto and their
successors and assigns.
7. This Agreement shall be governed by and construed in accordance with the laws of the State of
Minnesota.
8. This Agreement may be executed in counterparts, which counterparts when considered together
shall constitute a single, binding, valid and enforceable agreement.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS]
2
IN WITNESS WHEREOF, OP4 and 10 West End have executed and delivered this Agreement
and Assumption of Development Agreement as of the date first above written.
10 WEST END:
10 WEST END, LLC,
a Delaware limited liability company
By:
Its:
[.YI17:1 "syl
ss.
COUNTY OF
On 2019, before me, , Notary Public,
personally appeared , who proved to me on the basis of satisfactory evidence to
be the person whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
(Seal)
WITNESS my hand and official seal.
Notary Public
[Signature Page to Assignment and Assumption of Development Agreement]
3
OP4:
OP4 SLP, LLC,
a Minnesota limited liability company
By: The Excelsior Group LLC, its Sole Member
By: _
Name:
Its:
STATE OF )
ss.
COUNTY OF )
On 2019, before me, , Notary Public,
personally appeared , who proved to me on the basis of satisfactory evidence to
be the person whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
(Seal)
WITNESS my hand and official seal.
Notary Public
[Signature Page to Assignment and Assumption of Development Agreement]
C!
CITY:
CITY OF GOLDEN VALLEY,
a Minnesota municipal corporation
Liz
Shepard M. Harris, Mayor
Timothy J. Cruikshank, City Manager
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 2015, by
Shepard M. Harris, Mayor, and Timothy J. Cruikshank, 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.
WITNESS my hand and official seal.
(Seal)
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Stinson LLP (CLE)
50 South Sixth Street, Suite 2600
Minneapolis, MN 55402
612-335-1500
[Signature Page to Assignment and Assumption of Development Agreement]
5
Exhibit A
OP4PROPERTY
Lot 2, Block 1, Central Park West P.U.D. No. 121 Second Addition, Hennepin County, Minnesota.
Exhibit B
RETAINED PROPERTY
Outlot A, Central Park West P.U.D. No. 121 Second Addition, Hennepin County, Minnesota.
cityf EXECUTIVE SUMMARY
goldenl!,.Cit Administration
valley y
J 763-593-8006 / 763-593-8109 (fax)
Golden Valley City Council Meeting
October 2, 2019
Agenda Item
6. C. First Consideration of Tobacco Licensing and Regulation Ordinance
Prepared By
Maria Cisneros, City Attorney
Kris Luedke, City Clerk
Summary
The City of Golden Valley has the authority to license the sale of tobacco and related products in the
City. As part of the 2019 goal setting process, the City Council directed staff to study the issue of
tobacco sales regulation and present options for amending the tobacco licensing ordinance. (See City
Code, Art. VI.)
Staff has spent the last several months studying tobacco sales regulation, discussing the topic with the
City's Public Health Department (Hennepin County Public Health), engaging local tobacco retailers, and
gathering input from residents and other community members.
The City Manager's Office coordinated several community engagement efforts to gather feedback from
the community on this topic. Research and engagement activities included:
• Social media outreach through the City's Facebook and Twitter accounts
• An online survey that gather responses from 684 community members
An interactive community forum held at Brookview Community Center on August 5 and
livestreamed online
• Letters, emails, phone calls, and face-to-face meetings with local tobacco retailers
• Emails, phone calls, and face-to-face meetings with non-smoking advocates
• A continuing legal education course hosted by the Public Health Law Center
• Consultation with local school district staff
• Consultation with Hennepin County Public Health, the City's public health department
Through this public input process, the City received extensive input from the community, which is
summarized in a Community Input Report prepared by the Communications Department. The
Community Input Report, Council/Manager meeting agendas and survey results are all available on the
City's website (click here).
At the August 13 Council/Manager meeting, the Golden Valley City Council reviewed the community
input and directed staff to draft a proposed ordinance. The Council discussed the topic again at the
City Council Regular Meeting Executive Summary
City of Golden Valley
October 2, 2019
September 10 Council/Manager meeting. At Council's direction, staff prepared the proposed ordinance
incorporating the following new policies:
• Updating the definitions to encompass new technologies, nicotine products, and tobacco and
nicotine delivery devices
• Prohibiting the sale of flavored tobacco, including menthol, at all retailers
• Prohibiting the sale of tobacco at pharmacies
• Prohibiting the sale of tobacco to people under 21 and requiring retailers to post signs stating
the legal age requirements
• Capping the amount of tobacco licenses issued by the City at 8
• Increasing the minimum price for certain tobaccoproducts from $2.00 to $3.00
• Prohibiting free samples
• Requiring liquid nicotine products to be sold in child proof packaging
• Allowing additional compliance checks to ensure compliance with the new legal age
requirements
• Updating the licensing requirements, grounds for denial and penalties for violation to more
closely match similar requirements in other licensing sections of City Code
• Updating the license application and background check processes to more closely match similar
requirements in other licensing sections of City Code
The Council also directed staff to begin studying possible changes to the City's zoning ordinances to
limit the density of tobacco retailers, prohibit the sale of tobacco near schools and parks, and update
regulations related to exterior signage. On August 20, 2019, the Council passed a six-month
moratorium on new tobacco licenses while the planning department studies these issues.
Financial or Budget Considerations
The new regulations in the proposed ordinance will increase the cost of enforcing tobacco sales
regulations in the City. Specifically, the Police Department will conduct additional compliance checks to
ensure tobacco is not sold to people between 18 and 20 and to ensure no prohibited products (such as
flavored tobacco) are offered for sale. Staff recommends increasing the license fee from $275 to $450
to cover these increased enforcement costs. This increase will be reflected in the proposed 2020 fee
schedule, which is scheduled for consideration at the October 15 and November 6 Council Meetings.
Recommended Action
Motion to adopt first consideration Ordinance #670, Repealing in its Entirety Article VI. Tobacco and
Adding a New Article VI. Tobacco Licensing and Regulation.
Supporting Documents
• Appendix D to Community Input Report containing community input received since August 13,
2019 (11 pages)
• Ordinance #670, Repealing in its Entirety Article VI. Tobacco and Adding a New Article VI. Tobacco
Licensing and Regulation (11 pages)
• Comparison of Current Tobacco Licensing Ordinance and Proposed Tobacco Licensing Ordinance
(15 pages)
APPENDIX D
Comments Received After
Publication Of Draft Ordinance
city of
golden�`�
valley
Page 152
Email Comments
City proposed ordinance regulating tobacco
We fully support the City Council effort to establish ordinance to regulate the sale of tobacco in Golden Valley.
Marketing techniques and convenient retail outlets should be regulated, especially as they promote use of
tobacco/nicotine to people under 21 years of age. We support the prohibitions and restrictions listed in "City
News" September -October 2019.
Thank You.
Bill and Pat Harwell
8925 Medley Lane No
Golden Valley, MN 55427
Tobacco ordinance public comment
Hello,
I'm writing to express my support for new tobacco ordinances that restrict access to tobacco as much as
possible. I am in favor of prohibiting the sale of all flavored tobacco in all stores, raising the smoking age to 21,
restricting the density of and capping the number of tobacco licenses as much as possible, and increasing the
price of tobacco and decreasing the pack size.
Thank you,
Sarah Bhimani
3218 Lee Ave N
Golden Valley, MN 55422
Comment for Tobacco Ordinance
City Council Members:
Sale and use of tobacco products have sickened and otherwise impeded our citizens, for centuries. It is a
good development to limit the sale of tobacco to all citizens, and especially those citizens under 21 years of
age.
No case can be made for health benefits of tobacco use. Only the continuity of business, related to the sale
and use of tobacco, is at risk, if you enact the regulations, proposed in the September - October issue of City
News. Savvy business people, whose livelihood is "threatened" by those regulations, will figure out a different
way to earn income; it doesn't have to result from selling tobacco products.
Jim Curme
Golden Valley resident
Tobacco prevention -letter of support
Dear Mayor Harris and Members of the City Council:
Please see attached letter of support regarding the proposed Golden Valley tobacco sales ordinance. If you
have any questions or need additional information, please don't hesitate to contact me.
Sincerely,
Ruth Tripp
Ruth Tripp, MPH, RN
Principal Health Promotion Specialist
Hennepin County Public Health 1525 Portland Ave., MC 9631 Minneapolis, MN 55415
Phone: 612-348-53671 E-Mail: Ruth.Tripp@hennepin.us
Regulation of Tobacco Sales Community Input Report
Resident Response to Proposed Golden Valley Tobacco
Ordinance. Please accept this input with respect to the proposed tobacco
ordinance at this URL: https://www.goldenvalleymn.gov/council/pdf/Manager-Agendas/council-manager-
agenda-sep-10-19.pdf
Smoking is a dangerous habit. I am not a smoker.
It is incumbent upon each adult to be well informed and manage their behavior, including use of
tobacco/vaping and providing to underage people.
Vaping is dangerous as well. Regulation (or re -regulation) should be done only after careful and thorough
research. As of this email the CDC has not determined a cause of recent health emergencies.
https://www.cdc.gov/media/releases/2019/s0916-eoc-lung-injury.html
Sec. 16-159. - License. Retailers have made significant investments to purchase and operate their businesses.
Aside from a possible alignment to other city licensing procedures, it is not clear how the public interest is
served by requiring additional disclosure. For example, a death of a member in a family owned business or
franchise not only affects that family, but this ordinance causes further harm by denying them a source of
revenue previously allowed.
The unintended consequence of this proposed ordinance is reduced revenue to a business. When revenue is
reduced, there is a risk to upkeep and maintenance. This decrease not only lowers the property value (and
therefore city tax revenue) but also is a threat to public safety as well as other nearby businesses. Additionally,
this change of rules midstream can mean that the sale of the business would be for a lesser value since the
business model now yields lower revenues.
Sec. 16-161. -- Ineligibility and Basis for Denial of License. The unintended consequence of this proposed
change is that if the non -Golden Valley license suspension is found to be invalid, the business owner is further
harmed in Golden Valley for no fault of his/her own. This is a direct impact on their livelihood and should be
taken very seriously.
Another unintended, and more likely, consequence of this proposal is that customers will make these same
purchases outside of Golden Valley, further harming the business owner by losing market share and revenue to
competitors.
Some alternatives to this proposal are much more frequent compliance checks, which will drive owner
behavior to ensure that product is not sold to underage users, and more visible enforcement of signage.
For a change of this magnitude that directly impacts the livelihood of business owners, the affect on their
business should be a major consideration. Simply proposing this ordinance change and exposing to the public
domain does not foster a productive discussion to address the health risks to underage users of tobacco
products. It will most likely shift purchases to other nearby locales.
Instead, let's be a leader in this effort to reduce underage use of tobacco products by partnering with business
owners and increasing oversight. That could very well become a model for other nearby cities.
Andy Johnson
Candidate - Golden Valley City Council
763.222.4276
www.andyjohnsongv.com
Regulation of Tobacco Sales Community Input Report
Minnesota Medical Association - Letter of Support - Tobacco Efforts
Dear Mayor Harris and Members of the Golden Valley City Council:
Good afternoon. Attached, please find a letter from the Minnesota Medical Association in support of efforts
by the City of Golden Valley to raise the minimum legal sale age for tobacco products to 21, and to restrict all
flavored tobacco, including menthol.
On behalf of the Minnesota Medical Association, thank you for the opportunity to provide this letter of
support, and if there are any questions, please feel free to contact me.
Regards,
Juliana Milhofer, JD
Public Health and Policy Engagement Manager, Minnesota Medical Association
jmilhofer@mnmed.org
mnmed.org I Twitter @mnmed
612-362-3735 office 1 612-396-2980 mobile
Dear Golden Valley Council members,
I am a resident of Golden Valley and have two kids ages 11 and 8 years old, and I support the new Tobacco
Ordinance. Kid have enough on their plate with school, sports, family, and friends. What our kids do not need is Big
Tobacco selling flavored tobacco products that are easily accessible to our youth. Menthol flavoring is incredibility
additive and the fact that Big Tobacco combines this with nicotine to hook kids when they are young is disgusting. All of
these flavors used to hook kids should be banned or at least restricted to adult only shops.
In addition, if we do not raise the age to 21 then all of our efforts are null and void as kids will look to older peers to buy
it for them. We must protect our kids from the availability of tobacco products and the horrible health consequences
that follow. Therefore, I fully support the new Tobacco Ordinance.
Thanks for time and energy on this issue,
Dan Taylor
7551 Winnetka Heights Dr.
Regulation of Tobacco Sales Community Input Report
American
Heart
Association.
September 24, 2019
Dear Mayor Harris and members of the Golden Valley City Council:
I am writing on behalf of the American Heart Association to express our support for the proposed
ordinance that would raise the minimum sales age for tobacco products from 18 to 21, prohibit the sale
of flavored tobacco products including menthol, prohibit the sale of tobacco products at pharmacy's,
increase the minimum price of cigars and place a cap on the number of tobacco retailers in Golden Valley.
The tobacco industry uses cheap prices, appealing flavors and targeted advertising to attract youth.
We've seen an increase in youth tobacco use for the first time in 17 years. This spike is mainly attributed
to the popularity of e-cigarettes and cheap cigars. According to the Centers for Disease Control, seven out
of ten middle and high school students who currently use tobacco have used a flavored product. Flavored
cigarettes including Menthol are peddled to our nation's youth with the intent of addicting a new
generation, luring them into a deadly habit and sets them on the road to early hardening of the arteries
and coronary artery disease in adulthood.
The National Academy of Medicine reports that there would be a 25 percent reduction in smoking
initiation among 15-to-17-year-olds if the age to purchase tobacco was raised to 21. Preventing youth
from starting to smoke is essential to reducing smoking prevalence, considering that almost 95 percent of
addicted adult smokers started before age 21. Increasing the age gap between kids and those who can
legally buy tobacco will help remove access to tobacco products from the high-school environment and
stop the start.
Removing the sale of flavored tobacco products including menthol, increasing the age gap between kids
and those who can legally buy tobacco, prohibiting the sale of all flavored tobacco products and
increasing the minimum prices of cigars will help decrease the appeal and access to youth from
purchasing these deadly products.
We need to continue to do everything we can to protect the health of our young people. Golden Valley
has the opportunity to help prevent another generation from becoming lifelong tobacco users. Thank
you for your consideration.
Sincerely,
Jess Nolan
Community Advocacy Director
Jess.Nolan@heart.org
5 ; �__ �/_� //
Justin Bell
Vice President of Health Strategies
Justin.bell@Heart.org
American Heart Association 1 2750 Blue Water Road I Suite 250 1 Eagan I Minnesota 155121
HEN NEPIN COUNTY
MINNESOTA
September 27, 2018
Mayor Shep Harris
Golden Valley City Council
7800 Golden Valley Road
Golden Valley, MN 55427
Dear Mayor Harris and Members of the City Council:
On behalf of Hennepin County Public Health, I commend you for the comprehensive approach
you are taking to limit access to tobacco in your city. Tobacco use is still the No. 1 preventable
cause of death and disease. One in seven deaths in Hennepin County is tobacco -related
resulting in $585 million in excess medical costs annually, a tax burden of $753 per household.
For years, adolescent tobacco use has been declining. Unfortunately, this progress is being
undone by the use of e-cigarettes. Fifteen percent of 111" grade students in school districts
serving Golden Valley use some form of tobacco, with many of them using menthol, mint, and
other flavored products (MN Student Survey -Hopkins and Robbinsdale Districts, 2016).
The package of prevention strategies being considered will greatly reduce the availability and
exposure to these products, thereby preventing youth initiation, supporting those who want to
quit, and decreasing health inequities associated with tobacco use.
Hennepin County Public Health, through funding from the Minnesota Department of Health's
Statewide Health Improvement Partnership, works to decrease tobacco's harm and tobacco -
related disparities. Please consider us as a resource, as you consider and implement tobacco
prevention measures.
Thank you for your leadership on this important public health issue. Please feel free to contact
me if you have questions or would like additional information.
Sincerely,
��o
Ruth Tripp, MPH, RN
Principal Health Promotion Specialist
Hennepin County Public Health
525 Portland Avenue South, Minneapolis, MN 55415
612-348-5367 1 Ruth.Tripp@hennepin.us
i
Hennepin
DEPARTMENT
rk 4F HEALTH
Protecting, Maintaining and Improving the Health of All Minnesotans
September 20, 2019
Shep Harris, Mayor
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427-4508
Dear Mayor Harris and Council Members:
As Commissioner of Health, I strongly support Council's proposal to increase the minimum tobacco sales age to 21, a
strategy known as Tobacco 21. Nearly all tobacco users start before the age of 21. Tobacco 21 will have a powerful
deterrent effect on youth initiation, will reduce youth tobacco use, and protect youth from a lifetime of addiction.
I am very concerned about the dramatic increases in youth use of e-cigarettes, cigars, and other tobacco products. As
shown by the Minnesota Youth Tobacco Survey, tobacco use among high-school students spiked to 26 percent in
2017; the first increase in 17 years. This dramatic increase is driven in part by a surge in e-cigarette and cigar use.
Among high school students, e-cigarette use increased by 50 percent since 2014, with nearly 1 in 5 high school
students reporting use. This is likely the result of wide availability and proliferation of flavored tobacco products that
are designed to attract and addict youth.
Young smokers report choosing flavored tobacco products because they taste better and are perceived to be safer.
This is quite alarming as nearly all e-cigarettes contain nicotine, which we know is highly addictive. Research shows
youth who use e-cigarettes are four times more likely to start smoking combustible cigarettes.
In September 2018, the Minnesota Department of Health issued a health advisory on nicotine and the escalating risk
of addiction for youth. No amount is safe for youth as there are negative implications for learning, memory,
attention, and future addiction. Teens are especially susceptible to nicotine addiction and the harmful effects it has
on the brain as they grow. Raising the minimum tobacco sales age to 21 would limit youth access to tobacco until the
portion of the brain responsible for rational decision -making is more fully developed.
I applaud Golden Valley for considering this bold action to protect youth from a lifetime of addiction.
For more information, contact Laura Oliven, Tobacco Prevention Control Program Manager, at 651-201-5442.
Sincerely,
Jan K. Malcolm
Commissioner
P.O. Box 64975
St. Paul, MN 55164-0975
www.health.state.mn.us
An equal opportunity employer.
M INNESOTA 1300 Godward Street NE, Suite 2500
ON MEDICAL Minneapolis, Minnesota 55413
612-378-1875 1 800-342-5662
ASSOCIATION mnmed.org
September 26, 2019
City of Golden Valley
7800 Golden Valley Rd.
Golden Valley, MN 55427
Dear Mayor Harris and Members of the Golden Valley City Council:
I am pleased to provide this letter of support on behalf of the Minnesota Medical Association
(MMA) for efforts by the City of Golden Valley to (1) raise the minimum legal sale age for
tobacco products to 21; and (2) restrict the sale of all flavored tobacco products (including
menthol).
The MMA represents more than 10,000 physicians, medical residents, and medical students
throughout Minnesota. In our efforts to help make Minnesotans the healthiest in the nation,
preventing death and disease caused by tobacco and secondhand smoke has long been an
MMA goal. The MMA proudly and actively supported passage of the Freedom to Breathe Act in
2007, and strongly supports restricting the sale of tobacco products to individuals under the
age of 21.
As of September 18, 2019, eighteen states (Arkansas, California, Connecticut, Delaware,
Hawaii, Illinois, Maine, Maryland, Massachusetts, New Jersey, New York, Ohio, Oregon, Texas,
Utah, Vermont, Virginia and Washington) and over 5001ocalities in 25 states, the District of
Columbia and the U.S. territory of Guam, have raised the minimum legal sale age for tobacco
products to 211. Benton County, Beltrami County, Hennepin County, Isanti County, Olmsted
County, Otter Tail County, Pope County, Stevens County, Wilkin County, Wright County, and
the cities of Albert Lea, Arden Hills, Austin, Bemidji, Bloomington, Byron, Brooklyn Center,
Duluth, Eden Prairie, Edina, Excelsior, Falcon Heights, Forest Lake, Hermantown, Lauderdale,
Lilydale, Little Canada, Mankato, Mendota Heights, Minneapolis, Minnetonka, Mounds View,
New Brighton, North Mankato, North Oaks, Plymouth, Richfield, Robbinsdale, Roseville,
Shoreview, St. Louis Park, St. Peter and Waseca are now counted in the growing list of
localities that have taken action to protect our youth from the harms of tobacco, and it is our
hope that the City of Golden Valley and the rest of Minnesota will follow suit.
1 Campaign for Tobacco Free Kids, States and Localities that Have Raised the Minimum Legal Sale Age for Tobacco
Products to 21, available at:
https://www.tobaccofreekids.org/content/what we do/state local issues/sales 21/states localities MLSA 21.pdf
In regard to flavored tobacco products, cigarettes with specific characterizing flavors were
prohibited in the U.S., as part of the Family Smoking Prevention and Tobacco Control Act.z
Despite this ban, the market for flavored tobacco products continues to grow, and tobacco
companies have increased their marketing of other flavored tobacco products (e.g., electronic
cigarettes, cigars, smokeless tobacco and hookah.) Colorful packaging and sweet flavors have
enticed new users, particularly kids, and this new market for flavored tobacco products is
hindering efforts to reduce youth tobacco use.
Furthermore, according to the American Lung Association, 75% of youth choose flavored
tobacco (35% smoke menthol and 40% smoke other flavors).3 A 2017 report issued by five
leading public health organizations found that flavoring, such as that in menthol cigarettes,
increases experimentation among youth, and young people who initiate using menthol
cigarettes are more likely to become addicted and become long-term daily smokers.4 There
are also concerns that menthol is creating and sustaining health disparities in our African
American communities. Data shows that 85% of all African American smokers use menthol
cigarettes and seven out of ten African -American youth smokers use menthol cigarettes.5 We
all must do what is needed to put an end to the tobacco industry's lure on our youth and
communities of color.
Cigarette smoking remains the leading preventable cause of death in the United States6, and
while there are many strategies already in place to reduce the use of tobacco, strategies are
still needed to ensure that adolescents and young adults to do not start to smoke. Raising the
minimum legal sale age for tobacco products, as well as placing restrictions on the sale of all
flavored tobacco products, will play a key role in delaying initiation rates of tobacco use by
adolescents - and will help ensure that our progress in reducing youth tobacco use continues.
Z Campaign for Tobacco -Free Kids, Flavored Tobacco Products Attract Kids, available at:
https://www.tobaccofreekids.org/assets/factsheets/0383.pdf
3 American Lung Association in Minnesota, Fact Sheet, available at: https://Iethallure.org/wp-
content/uploads/2017/04/WhoWhatWhy Lethal Lure-8x11.pdf
4 The Flavor Trap - How Tobacco Companies Are Luring Kids with Candy -Flavored E-Cigarettes and Cigars, Report issued
by Campaign for Tobacco -Free Kids, American Academy of Pediatrics, American Cancer Society Cancer Action Network,
American Heart Association and American Lung Association, available at:
https://www.tobaccofreekids.org/microsites/flavortrap/full report.pdf
S Id.
6 Centers for Disease Control and Prevention (CDC), Health Effects of Smoking, available at:
https://www.cdc.gov/tobacco/data statistics/fact sheets/health effects/effects cig smoking/
On behalf of the MMA, I urge you to acknowledge the long-term effects of tobacco use on the
adolescent brain and adopt an ordinance to protect this community's children.
Sincerely,
Keith Stelter, MD
MMA President
tAMERICAN LUNG ASSOCIATION®
IN MINNESOTA
Board of Directors
Chair
Heidi Larson
Directors
Carin Anderson
Ken Bence
Gail Brottman, MD
Angie Carlson, PhD
Steven Christopher
James Ehlen, MD
Catherine Erickson, RN
Vicki Klasell
Susan Kratz
Audrene Lojovich
David Midthun, MD
Lin Nelson
Sara Ratner
Arnel Rillo
Richard Sveum, MD
Dave Tjaden
Richard Woellner, MD
Sept. 27, 2019
Dear Golden Valley Council Members and Mayor Harris:
On behalf of the American Lung Association, I am writing to express our strong support for
your efforts to strengthen Golden Valley's tobacco ordinance. Raising the sale of tobacco to
age 21, putting a cap on the number of tobacco licenses, banning the sale of tobacco in
pharmacies, while banning flavored tobacco products and the availability of cheap cigars,
will go a long way toward addressing the current epidemic and help to reduce youth access
and addiction. We know the key to addressing this epidemic is to prevent youth from
starting —we save lives and lower healthcare costs.
The Mission of the Lung Association is to prevent lung disease and promote lung health.
This ordinance would go a long way toward supporting that Mission and set a strong public
health standard for Golden Valley and the State.
The tobacco industry relies on cheap prices, flavors (including menthol), and targeted
advertising to attract youth. Approximately 95% of current adult smokers started before
they were 21.
Earlier this year, Minnesota Department of Health reported an increase in youth tobacco
use for the first time in 17 years with more than 26% of high-school students using tobacco
products. This is especially concerning as the adolescent brain is still developing and the
impact of nicotine use and a lifetime of addiction is a real threat. More recently, the
hundreds of lung injuries and 12 deaths across the country linked to vaping make
supporting this ordinance and urgent matter.
I congratulate you on these efforts.
Sincerely,
Pat McKone, Senior Director
Health Promotion and Advocacy
424 W Superior St, Ste 202 1 Duluth, MN 55802
Ph:218-726-4721 F:218-726-4722
Please remember the American Lung Association in your will or trust.
490 Concordia Ave I St. Paul, MN 55103
Ph: 651-227-8014 F: 651-227-5459 Info@LungMN.org
PROPOSED TOBACCO
LICENSING ORDINANCE
ORDINANCE NO. 670
AN ORDINANCE AMENDING THE CITY CODE
Repealing in its Entirety Article VI. Tobacco and Adding a New Article VI. Tobacco
Licensing and Regulations
The City Council of the City of Golden Valley ordains as follows:
Section 1. City Code, Article VI entitled "Tobacco" is hereby repealed in its entirety.
Section 2. City Code, Article VI is hereby amended by adding a new Article VI. Tobacco
Licensing and Regulation reading as follows:
ARTICLE VI. — TOBACCO
Sec. 16-157. - Purpose and Intent.
Because the City recognizes that the sale of commercial tobacco, tobacco -related devices,
electronic delivery devices, and nicotine or lobelia delivery products to persons under the age of
18 violates both state and federal laws; and because studies, which the City accepts and adopts,
have shown that youth use of any commercial tobacco product has increased to 26.4% in
Minnesota; and because nearly 90% of smokers begin smoking before they have reached the
age of 18 years, and that almost no one starts smoking after age 25; and because marketing
analysis, public health research, and commercial tobacco industry documents reveal that
tobacco companies have used menthol, mint, fruit, candy, and alcohol flavors as a way to target
youth and young adults and that the presence of such flavors can make it more difficult to quit;
and because studies show that youth and young adults are especially susceptible to commercial
tobacco product availability, advertising, and price promotions at tobacco retail environments;
and because commercial tobacco use has been shown to be the cause of many serious health
problems which subsequently place a financial burden on all levels of government, this ordinance
is intended to regulate the sale of commercial tobacco, tobacco -related devices, electronic
delivery devices, and nicotine or lobelia delivery products for the purpose of enforcing and
furthering existing laws, to protect youth and young adults against the serious health effects
associated with tobacco use and initiation, and to further the official public policy of the state to
prevent young people from starting to smoke, as stated in Minn. Stat. § 144.391, as it may be
amended from time to time.
In making these findings, the City Council accepts the conclusions and recommendations of the
U.S. Surgeon General reports, E-cigarette Use Among Youth and Young Adults (2016), The
Health Consequences of Smoking — 50 Years of Progress (2014) and Preventing Tobacco Use
Among Youth and Young Adults (2012); the Centers for Disease Control and Prevention in their
studies, Tobacco Use Among Middle and High School Students — United States, 2011-2015
(2016), and Selected Cigarette Smoking Initiation and Quitting Behaviors Among High School
Students, United States, 1997 (1998); and of the following scholars in these scientific journals:
Chen, J., & Millar, W. J., Age of smoking initiation: implications for quitting. HEALTH REPORTS,
9(4), 39-46 (1998); D'Avanzo, B., La Vecchia, C., & Negri, E., Age at Starting Smoking and
Number of Cigarettes Smoked, ANNALS OF EPIDEMIOLOGY, 4(6), 455-459 (1994); Everett, S. A.,
Warren, C. W., Sharp, D., Kann, L., Husten, C. G., & Crossett, L. S. Initiation of Cigarette
Ordinance No. 670 -2- October 2, 2019
Smoking and Subsequent Smoking Behavior Among U.S. High School Students, PREVENTIVE
MEDICINE, 29(5), 327-333 (1999); Giovino, G. A., Epidemiology of Tobacco Use in the United
States, ONCOGENE, 21(48), 7326-7340 (2002); Khuder, S. A., Dayal, H. H., & Mutgi, A. B., Age at
Smoking Onset and its Effect on Smoking Cessation. ADDICTIVE BEHAVIORS, 24(5), 673-677
(1999); Luke, D. A., Hammond, R. A., Combs, T., Sorg, A., Kasman, M., Mack -Crane, A.,
Henriksen, L., Tobacco Town: Computational Modeling of Policy Options to Reduce Tobacco
Retailer Density, AMERICAN JOURNAL OF PUBLIC HEALTH, 107(5), 740-746 (2017); MINNESOTA
DEPARTMENT OF HEALTH, DATA HIGHLIGHTS FROM THE 2017 MINNESOTA YOUTH TOBACCO SURVEY,
SAINT PAUL, MN (2018); Tobacco Control Legal Consortium, The Verdict Is In: Findings from
United States v. Phillip Morris, The Hazards of Smoking, University of California — San
Francisco (2006); Truth Tobacco Industry Documents, https://www.industrydocuments
library.ucsf.edu/tobacco/; Xu, X., Bishop, E. E., Kennedy, S. M., Simpson, S. A., & Pechacek, T.
F., Annual Healthcare Spending Attributable to Cigarette Smoking: An Update, AMERICAN
JOURNAL OF PREVENTIVE MEDICINE, 48(3), 326-333 (2015), copies of which are adopted by
reference.
Sec. 16-158. - Definitions.
Except as may otherwise be provided or clearly implied by context, all terms shall be given their
commonly accepted definitions. The following words, terms and phrases, when used in this
article, shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Child -Resistant Packaging. Packaging that meets the definition set forth in Code of Federal
Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015, and was tested in
accordance with the method described in Code of Federal Regulations, title 16, section
1700.20, as in effect on January 1, 2015."
Cigar. Any roll of tobacco that is wrapped in tobacco leaf or in any other substance containing
tobacco, with orwithout a tip or mouthpiece, which is not a cigarette as defined in Minn. Stat. §
297F.01, subd. 3, as may be amended from time to time.
Compliance Checks: The system the City uses to investigate and ensure that those
authorized to sell licensed products are following and complying with the requirements of this
article. Compliance checks involve the use of persons under the age of 21 who purchase or
attempt to purchase licensed products. Compliance checks may also be conducted by the
City or other units of government for educational, research, and training purposes, or for
investigating or enforcing Federal, State or local laws and regulations relating to licensed
products.
Electronic Delivery Device. Any product containing or delivering nicotine, lobelia, or any other
substance, whether natural or synthetic, intended for human consumption through the
inhalation of aerosol or vapor from the product. Electronic delivery device includes, but is not
limited to, devices manufactured, marketed, or sold as e-cigarettes, e-cigars, e-pipes, vape
pens, mods, tank systems, or under any other product name or descriptor. Electronic delivery
device includes any component part of a product, whether or not marketed or sold
separately. Electronic delivery device does not include any product that has been approved
or certified by the U.S. Food and Drug Administration for sale as a tobacco -cessation
Ordinance No. 670 -3- October 2, 2019
product, as a tobacco -dependence product, or for other medical purposes, and is marketed
and sold for such an approved purpose.
Flavored Product. Any licensed product that contains a taste or smell, other than the taste or
smell of tobacco, that is distinguishable by an ordinary consumer either prior to or during the
consumption of the product, including, but not limited to, any taste or smell relating to
chocolate, cocoa, menthol, mint, wintergreen, vanilla, honey, fruit, or any candy, dessert,
alcoholic beverage, herb, or spice. A public statement or claim, whether express or implied,
made or disseminated by the manufacturer of a licensed product, or by any person
authorized or permitted by the manufacturer to make or disseminate public statements
concerning such products, that a product has or produces a taste or smell other than a taste
or smell of tobacco will constitute presumptive evidence that the product is a flavored
product.
Individually Packaged: The practice of selling any tobacco or tobacco product wrapped
individually for sale. Individually wrapped tobacco and tobacco products shall include but not
be limited to single cigarette packs, single bags or cans of loose tobacco in any form, and
single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging
containing more than a single pack or other container as described in this definition shall not
be considered individually packaged.
Indoor Area: All space between a floor and a ceiling that is bounded by walls, doorways, or
windows, whether open or closed, covering more than 50 percent of the combined surface
area of the vertical planes constituting the perimeter of the area. A wall includes any
retractable divider, garage door, or other physical barrier, whether temporary or permanent.
Licensed Product: The term that collectively refers to any tobacco, tobacco -related device,
electronic delivery device, or nicotine or lobelia delivery product.
Loosies: Loosies means (1) single or individually packaged cigars or cigarettes offered for
sale, regardless of whether they have been removed from their original retail packaging, and
(2) any other licensed product that has been removed from its original retail packaging and
offered for sale. Loosies does not include individual cigars with a retail price, after any
discounts are applied and before any sales taxes are imposed, of at least $3.00 per cigar.
Moveable Place of Business: Any form of business operated out of a kiosk, truck, van,
automobile or other type of vehicle or transportable shelter and not a fixed address storefront
or other permanent type of structure authorized for sales transactions.
Nicotine or Lobelia Delivery Product: Any product containing or delivering nicotine or lobelia
intended for human consumption, or any part of such a product, that is not tobacco or an
electronic delivery device as defined in this section. Nicotine or lobelia delivery product does
not include any product that has been approved or otherwise certified for legal sale by the
United States Food and Drug Administration as a tobacco -cessation product, a tobacco
dependence product, or for other medical purposes, and is being marketed and sold solely
for that approved purpose.
Pharmacy. A place of business at which prescription drugs are prepared, compounded, or
dispensed by or under the supervision of a pharmacist and from which related clinical
pharmacy services are delivered.
Ordinance No. 670 -4- October 2, 2019
Retail Establishment: Any place of business where licensed products are available for sale to
the general public, including, but not be limited to, grocery stores, tobacco products shops,
convenience stores, gasoline service stations, bars, and restaurants.
Sale: Any transfer of goods for money, trade, barter or other consideration.
Self -Service Merchandising: Open displays of licensed products in any manner where any
person has access to the licensed products without the assistance or intervention of the
licensee or the licensee's employee. Assistance or intervention means the actual physical
exchange of the licensed product between the customer and the licensee or employee.
Smoking: Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or
pipe, or any other lighted or heated product containing, made, or derived from nicotine,
tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for
inhalation. Smoking also includes carrying or using an activated electronic delivery device.
Tobacco. Any product containing, made, or derived from tobacco that is intended for human
consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or
ingested by any other means, or any component, part, or accessory of a tobacco product
including but not limited to cigarettes; cigars; cheroots; stogies; perique; granulated, plug cut,
crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and
twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings
and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco does not include
any product that has been approved by the U.S. Food and Drug Administration for sale as a
tobacco -cessation product, as a tobacco -dependence product, or for other medical purposes,
and is being marketed and sold solely for such an approved purpose.
Tobacco -Related Device. Any rolling papers, wraps, pipes, or other device intentionally
designed or intended to be used with tobacco products. Tobacco related device includes
components of tobacco -related devices or tobacco products, which may be marketed or sold
separately. Tobacco related devices may or may not contain tobacco.
Vending Machine. Any mechanical, electric or electronic, or other type of device that
dispenses licensed products upon the insertion of money, tokens or other form of payment
directly into the machine by the person seeking to purchase the licensed product.
Sec. 16-159. - License.
(a) License Required. No person shall sell or offer to sell any licensed product without first
having obtained a license to do so from the City.
(b) Application. An application for a license to sell licensed products shall be made on a form
provided by the City. The application shall contain the full name of the applicant, the
applicant's residential and business addresses and telephone numbers, the name of the
business for which the license is sought, and any additional information the City deems
necessary. Upon receipt of a completed application, the City Clerk shall forward the
application to the City Council for action at its next regularly scheduled City Council meeting.
If the City Clerk determines that an application is incomplete, they shall return the application
to the applicant with notice of the information necessary to make the application complete.
A business applicant, at the time of application, shall furnish the City with a list of all
persons that have an interest of five percent or more in the business. The list shall name all
Ordinance No. 670 -5- October 2, 2019
owners and show the interest held by each, either individually or beneficially for others. It is
the duty of each business licensee to notify the City Clerk in writing of any change in
ownership in the business. Any change in the ownership or control of the business shall be
deemed equivalent to a transfer of the license, and any such license shall be revoked 30
days after any such change in ownership or control unless the licensee has notified the
Council of the change in ownership by submitting a new license application for the new
owners, and the Council has approved the transfer of the license by appropriate action.
Any time an additional investigation is required because of a change in ownership or
control of a business, the licensee shall pay an additional investigation fee to be
determined by the City. The City may at any reasonable time examine the transfer records
and minute books of any business licensee to verify and identify the owners, and the City
may examine the business records of any other licensee to the extent necessary to
disclose the interest which persons other than the licensee have in the licensed business.
The Council may revoke any license issued upon its determination that a change of
ownership of a licensee has actually resulted in the change of control of the licensed
business so as materially to affect the integrity and character of its management and its
operation, but no such action shall be taken until after a hearing by the Council on notice to
the licensee.
(c) Action. The City Council may either approve or deny the application for a license, or it may
delay action for a reasonable period of time as necessary to complete any investigation of
the application or the applicant it deems necessary. If the City Council approves the license,
the City Clerk shall issue the license to the applicant. If the City Council denies the license,
notice of the denial shall be given to the applicant along with notice of the applicant's right to
appeal the City Council's decision. If a license application is denied, the earliest an
applicant may reapply is 12 months from the date the license is denied.
(d) Term. All licenses issued under this article shall be valid for one calendar year from the date
of issue.
(e) Revocation or Suspension. Any license issued under this article may be revoked or
suspended as provided in Section 16-168.
(f) Transfers. All licenses issued under this article shall be valid only on the premises for which
the license was issued and only for the person to whom the license was issued. The transfer
of any license to another location or person is prohibited.
(g) Display. All licenses shall be posted and displayed in plain view of the general public on the
licensed premises.
(h) Renewals. The renewal of a license issued under this article shall be handled in the same
manner as the original application. The request for a renewal shall be made at least 30 days
but no more than 60 days before the expiration of the current license.
(i) Issuance as Privilege and Not a Right. The issuance of a license issued under this article is a
privilege and does not entitle the license holder to automatic renewal of the license.
Q) Maximum Number of Licenses. The number of licenses issued under this section shall be
capped at the number of licenses in place on January 1, 2020. Any decrease in the number
of licenses that occurs after January 1, 2020 due to attrition will decrease the number of
available licenses to that extent until the number of available licenses reaches 8. When the
maximum number of licenses has been issued, the City may place persons seeking
Ordinance No. 670 -6- October 2, 2019
licensure on a waiting list and allow them to apply on a first -come, first -served basis, as
existing licenses are not renewed or are revoked. A new applicant who has purchased a
business location holding a valid license will be entitled to first priority, provided the new
applicant meets all other application requirements in accordance with this ordinance.
Sec. 16-160. - Fees.
No license shall be issued under this article until the appropriate license fee shall be paid in full.
The fee for a license under this article shall be established by the City Council and adopted in the
City fee schedule, and may be amended from time to time.
Sec. 16-161. - Ineligibility and Basis for Denial of License.
(a) Ineligibility.
(1) Pharmacies. No existing license will be eligible for renewal to any pharmacy, including any
retailestablishment that operates orcontains anon -site pharmacy, and nopharmacyorany
retail establishmentthatoperatesanon-site pharmacy will be granted anew license.
(2) Moveable Place of Business. No license shall be issued to a moveable place of
business. Only fixed location businesses shall be eligible to be licensed under this
article.
(b) Grounds for Denial. Grounds for denying the issuance or renewal of a license under this
article include, but are not limited to, the following:
(1) The applicant is under the age of 21 years.
(2) The applicant is prohibited by Federal, State, or other local law, ordinance, or other
regulation from holding a license.
(3) The applicant has been convicted within the past five years of any violation of a Federal,
State, or local law, ordinance provision, or other regulation relating to licensed products.
(4) The applicant has had a license to sell licensed products suspended or revoked during
the 12 months preceding the date of application, or the applicant has or had an interest
in another premises authorized to sell licensed products, whether in the City or in
another jurisdiction, that has had a license to sell licensed products suspended or
revoked during the same time period, provided the applicant had an interest in the
premises at the time of the revocation or suspension, or at the time of the violation that
led to the revocation or suspension.
(5) The applicant is a business that does not have an operating officer or manager who is
eligible pursuant to the provisions of this chapter.
(6) The applicant is the spouse of a person ineligible for a license pursuant to the
provision of Subsections (b)(2) and (3) of this section or who, in the judgement of the
Council, is not the real party in interest or beneficial owner of the business to be
operated, under the license.
Ordinance No. 670 -7- October 2, 2019
(7) The applicant fails to provide any information required on the application, or provides
false or misleading information. Any false statement on an application, or any willful
omission of any information called for on such application form, shall work an automatic
refusal of license, or if already issued, shall render any license issued pursuant thereto
void and of no effect to protect the applicant from prosecution for violation of this
chapter, or any part thereof.
(c) The City shall conduct a background investigation on all new applications and applications
to transfer a license. The City may conduct a background and financial check on an
application for a renewal of a license if it is in the public interest to do so. If a license is
mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the
person was ineligible for the license under this article and the City shall provide the person
with a notice of revocation, along with information on the right to appeal.
(d) No license shall be granted or renewed for operation on any premises on which real estate
taxes, assessments, or other financial claims of the City or of the State are due, delinquent,
or unpaid. If an action has been commenced pursuant to the provisions of Minn. Stats. ch.
278, questioning the amount or validity of taxes, the Council may, on application by the
licensee, waive strict compliance with this provision; no waiver may be granted, however,
for taxes, or any portion thereof, which remain unpaid for a period exceeding one year after
becoming due unless such one-year period is extended through no fault of the licensee.
Sec. 16-162. - Prohibited Acts.
(a) In general. No person shall sell orofferto sell any licensed product:
(1) By means of any type of vending machine.
(2) By means of self-service merchandising.
(3) By means of loosies as defined in Section 16-158.
(4) Containing opium, morphine, jimson weed, belladonna, strychnos, cocaine, marijuana,
or other deleterious, hallucinogenic, toxic or controlled substances except nicotine and
other substances found naturally in tobacco or added as part of an otherwise lawful
manufacturing process. It is not the intention of this provision to ban the sale of lawfully
manufactured cigarettes or other tobacco products.
(5) That is liquid, whether or not such liquid contains nicotine, which is intended for human
consumption and use in an electronic delivery device, in packaging that is not child -
resistant. Upon request by the city, a licensee must provide a copy of the certificate of
compliance or full laboratory testing report for the packaging used.
(6) By any other means, to any other person, on in any other manner or form prohibited by
federal, state or other local law, ordinance provision, or other regulation.
(b) Legal Age. No person shall sell any licensed product to any person under the age of 21.
(1) Age verification. Licensees shall verify by means of government issued photographic
identification that the purchaser is at least 21 years of age. Verification is not required for
Ordinance No. 670 -8- October 2, 2019
a person over the age of 30. That the person appeared to be 30 years of age or older
does not constitute a defense to a violation of this subsection.
(2) Signage. Notice of the legal sales age and age verification requirement must be posted
prominently and in plain view at all times at each location where licensed products are
offered for sale. The required signage, which will be provided to the licensee by the City,
must be posted in a manner that is clearly visible to anyone who is or is considering
making a purchase.
(c) Flavored Products. No person shall sell or offer for sale any flavored products.
(d) Minimum Cigar Price. No person shall sell or offer to sell any Cigar, sold individually or as a
multi -unit package, and regardless of whether it is within its intended retail packaging, for a
sales price, after any discounts are applied and before sales taxes are imposed, of less than
$3.00 per Cigar.
(e) Smoking Prohibited. Smoking, including smoking for the purpose of sampling of licensed
products, is prohibited within the indoor area of any retail establishment licensed under this
ordinance.
(f) Samples Prohibited. No person shall distribute samples of any licensed product free of
charge or at a nominal cost.
Sec. 16-163. - Additional Requirements.
(a) Storage. All licensed products shall either be stored behind a counter or other area not freely
accessible to customers, or in a case or other storage unit not left open and accessible to the
general public.
Sec. 16-164. - Responsibility.
All licensees are responsible for the actions of their employees in regard to the sale, offer to sell,
and furnishing of licensed products on the licensed premises. The sale, offer to sell, or furnishing
of any licensed product by an employee shall be considered an act of the licensee. Nothing in
this section shall be construed as prohibiting the City from also subjecting the employee to any
civil penalties that the City deems to be appropriate under this ordinance, state or federal law, or
other applicable law or regulation.
Sec. 16-165. - Compliance Checks and Inspections.
All licensed premises shall be open to inspection by the City police or other authorized City
official during regular business hours. From time to time, but at least twice per year, the City shall
conduct compliance checks. All premises licensed under this subdivision shall be open to
inspection by the city during regular business hours. From time to time, but at least once per
year, the City shall conduct compliance checks. In accordance with state law, the City will
conduct at least one compliance check that involves the participation of one person between the
ages of 15 and 17 and may conduct an additional compliance check involving one person
between the ages of 18 and 20.
Ordinance No. 670 -9- October 2, 2019
No person used in compliance checks shall attempt to use a false identification misrepresenting
their age. All persons lawfully engaged in a compliance check shall answer all questions about
their age asked by the licensee or their employee, and produce any identification, if any exists,
for which they are asked. Persons used for the purpose of compliance checks shall be
supervised by law enforcement or other designated personnel. Minors used for compliance
checks shall not be guilty of unlawful possession licensed products when those items are
obtained as a part of the compliance check. Nothing in this article shall prohibit compliance
checks authorized by state or federal laws for educational, research, or training purposes, or
required for the enforcement of a particular State or Federal law.
Additionally, from time to time, the City will conduct inspections to determine compliance with any
or all other aspects of this ordinance.
Sec. 16-166. - Other Prohibited Acts.
Unless otherwise provided, the following acts shall be a violation of this article:
(a) Illegal Procurement. It shall be a violation of this article for any person 21 years of age or
older to purchase, attempt to purchase, or otherwise obtain any licensed product on behalf of
a person under the age of 21. It shall also be a violation for any person 21 years of age or
older to coerce or attempt to coerce a person under the age of 21 to purchase or attempt to
purchase any licensed product.
(b) Use of False Identification. It shall be a violation of this article for any person to use any form
of false identification, whether the identification is that of another person or one that has
been modified or tampered with to represent an age older than the actual age of the person
using that identification.
Sec. 16-167. - Exceptions and Defenses.
Nothing in this article shall prevent the providing of tobacco or tobacco -related devices to any
person as part of an indigenous practice or lawfully recognized religious, spiritual, or cultural
ceremony or practice. It shall be an affirmative defense to the violation of this article for a person
to have reasonably relied on proof of age as described by state law.
Sec. 16-168. - Violations and Penalty.
(a) Administrative Civil Penalties —Individuals. If a person who is not a licensee is found to have
violated this article, the person shall be charged an administrative penalty as follows:
(1) First Violation. The Council shall impose a civil fine not to exceed $50.00.
(2) Second Violation Within 12 months. The Council shall impose a civil fine not to exceed
$100.00.
(3) Third Violation Within 12 months. The Council shall impose a civil fine not to exceed
$150.00.
(b) Same —Licensee. If a licensee or an employee of a licensee is found to have violated this
article, the licensee shall be charged an administrative penalty as follows:
(1) First Violation. The Council shall impose a civil fine of $500.00 and suspend the license
for not less than 1 day.
Ordinance No. 670 -10- October 2, 2019
(2) Second Violation Within 36 Months. The Council shall impose a civil fine of $1,000.00
and suspend the license for not less than 3 consecutive days.
(3) Third Violation Within 36 Months. The Council shall impose a civil fine of $2,000.00 and
suspend the license for not less than 10 consecutive days.
(4) Fourth Violation Within 36 Months. The Council shall revoke the license for at least one
year.
(c) Administrative Penalty Procedures. Notwithstanding anything to the contrary in this section:
(1) Any of the administrative civil penalties set forth in this section that may be imposed by
the Council, may in the alternative be imposed by an administrative citation under
Section 1-9.
(2) If one of the foregoing penalties is imposed by an action of the Council, no penalty shall
take effect until the licensee or person has received notice (served personally or by mail)
of the alleged violation and of the opportunity for a hearing before the Council, and such
notice must be in writing and must provide that a right to a hearing before the Council
must be requested within 10 business days of receipt of the notice or such right shall
terminate.
(d) Misdemeanor Prosecution. Nothing in this section shall prohibit the City from seeking
prosecution as a misdemeanor for any alleged violation of this article.
Sec. 16-169. - Severability.
If any section or provision of this ordinance is held invalid, such invalidity will not affect other
sections or provisions that can be given force and effect without the invalidated section or
provision.
Sec. 16-170 - Effective Date.
This ordinance becomes effective on January 1, 2020.
Section 3. City Code Chapter 1 entitled "General Provisions" and Sec. 1-8 entitled
"General Penalty; Continuing Violations" are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
Section 4. This ordinance shall take effect from and after January 1, 2020.
Adopted by the City Council this 2nd day of October, 2019.
/s/Shepard M. Harris
Shepard M. Harris, Mayor
ATTEST:
/s/Kristine A. Luedke
Kristine A. Luedke, City Clerk
Comparison of Current Tobacco Ordinance
and Proposed Tobacco Ordinance
ARTICLE VI. - TOBACCO
Sec. 16-157. - Purpose and Intent.
Because the City recognizes that men„ nerSr,nS under the age of 98 „ears P FGhase er ethen.,ise ebtain
possess and use tobacco tobacco prod ctsthe sale of commercial tobacco, tobacco -related vi
electronic delivery devices, and nicotineor lebelia deli—, feee and the sales, peesees;on, and use
areymolatoo of or lobelia delivery products to persons under the age of 18 violates both Statestate and
Federalfederal laws; and because studies, which the City hereby accepts and adopts, have shown that
mostyouth use of any commercial tobacco product has increased to 26.4% in Minnesota: and because
nearly 90% of smokers begin smoking before they have reached the age of 18 years, and that these
persons who reach (most no one starts smoking after age 25: and because marketing analysis, public
health research, and commercial tobacco industry documents reveal that tobacco companies have used
menthol, mint, fruit, candy, and alcohol flavors as a way to target youth and young adults and that the
agepresence of such
flavors can make it more difficult to quit: and because studies show that youth and young adults are
especial) susceptible usceptible to commercial tobacco product availability, advertising, and price promotions at
tobacco retail environments; and because scommercial tobacco use has been shown to be the
cause of severalmanv serious health problems which subsequently place a financial burden on all levels
of government;, this article shall heordinance is intended to regulate the sale, possession and use of
commercial tobacco, tebaGG^ predUGtS, tobacco -related devices, electronic delivery devices and
nicotine or lobelia delivery devicesproducts for the purpose of enforcing and furthering existing laws, to
protect minersvouth and young adults against the serious health effects associated with the
illegaltobacco use
of tobacco, tobacco products, tobacco related deviGes, and nicotine or Iobelia delivefy-
deviGesand initiation, and to further the official public policy of the State ;n regards ate to
^r,�e^tL^g Covent young people from starting to smoke as stated in Minn. Mats ate
In making these findings, the City Council accepts the conclusions and recommendations of the U.S.
Surgeon General reports. E-caarette Use Amona Youth and Young Adults (2016). The Health
Consequences of Smoking 50 Years of Progress (2014) and Preventing Tobacco Use Among Youth and
Youna Adults (2012); the Centers for Disease Control and Prevention in their study"studies, Tobacco
Use Among Middle and Hiah School Students +Jnited States. 20112015 (2016). and Selected Cigarette
Smoking Initiation and Quitting Behaviors Among High School Students, United States, 1997 - (19981:
and of the following medical pr^fecsi^p^Icscholars in these R;edl6a4scientific journals: Khuder-SACK n
et4J., "& Millar. W. J., Age at Smoking Onset and Its F—a esten Smek;n Gessatien,"AcdiGtive Behar
24(5):673-7,September_Octoher 1999ofsmokina initiation: implications for auittina. HEALTH REPORTS.
9(4), 3946 (1998); D'Avanzo, Beal., "La Vecchia. C., & Negri, E.. ge at Starting Smoking and Number
of Cigarettes Smoked," ANNALS OF EPIDEMIOLOGY, 4(6):,455-59, November 1994; Chen i & Millar Wi
, Spring 1998
59
Everett -SA, et-alS. A "Warren. C. W., Sharp, D., Kann, L., Husten, C. G., & Crossett. L. S. Initiation of
Cigarette Smoking and Subsequent Smoking Behavior Among U.S. High School Students," PREVENTIVE
MEDICINE , 29(5):1327 33, Neyemher 1999 1999);
he United States, ONCOGENE, 21(48). 7326-7340 (2002);
Giovino,
Khuder.
G. A.. Epidemiology
S. A., Dayal,
of Tobacco
H. H., & Mutgi.
Use in
A. B., Aae at
Smoking Onset and
its Effect on Smoking Cessation. ADDICTIVE BEHAVIORS,
24(5). 673677 (1999):
Luke. D.
A., Hammond, R. A.,
Combs, T., Sorg, A., Kasman, M.,
Mack -Crane,
A., Henriksen,
L., Tobacco
Town:
omnutational Modeling
of Policy Options to Reduce
Tobacco
Retailer Density, AMERICAN
JOURNAL OF
PUBLIC HEALTH, 107(5).
740-746 (2017): MINNESOTA DEPARTMENT
OF HEALTH,
DATA HIGHLIGHTS
FROM THE 2017
MINNESOTA YOUTH TOBACCO
SURVEY, SAINT PAUL, MN (2018);
Tobacco
Control Legal Consortium. The
Verdict Is In: Findings
from United States v. Phillip Morris,
The
Hazards of
Smoking. University
of
California San Francisco
https://www.industrydocumentslibrary.ucsf.edu/tobacco/:
(2006) Truth Tobacco Industry
Documents.
Xu.
X., Bishop,
E. E., Kennedy,
S. M.,
Simpson, S. A.. & Pechacek.
T. F., Annual Healthcare
Spendina
Attributable
to Ciaarette Smoking:
An
Update, AMERICAN JOURNAL
OF PREVENTIVE MEDICINE, 48(3).
326333
(2015).
copies of which are adopted by
reference.
ME
Sec. 16-158. - Definitions.
Except as may otherwise be provided or clearly implied by context, all terms shall be given their
commonly accepted definitions. The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Child -Resistant Packaaina. Packaging that meets the definition set forth in Code of Federal
Regulations. title 16, section 1700.15(b). as in effect on January 1. 2015, and was tested in
accordance with the method described in Code of Federal Regulations, title 16. section 1700.20. as
in effect on January 1. 2015.
iaar. Any roll of tobacco that is wrapped in tobacco leaf or in any other substance containing tobacco.
with or without a tip or mouthpiece, which is not a cigarette as defined in Minn. Stat. §lluBas maw
amended from time to time.
Compliance Checks: The system the City uses to investigate and ensure that those authorized to
sell tobacco, toba^^^licensed products, tobacco_ related devices, and nicotine or lobelia delivery
-
devices are following and complying with the requirements of this article. Compliance checks shall
involve the use of mi„ors as au± eFize l by this article. The term"GGrn; liance cheeks" shall -also
meanpersons under the useU& ofmgKws21 who purchase or attempt to purchase tobacco,
tobaccokensad products tobaGG )_related devices or nicotine or lobelia delivery cleVaGes fE)F
laws.8dUGatieRal, FeE;eaFch and traiRiRg purposes as authorized by State and Federal Compliance
checks may also be conducted by the Citv or other units of government for the n urnnce ^f fir
ucational, research, and training purposes, or for investigating or enforcing appropriate Federal,
State or local laws and regulations relating to tobaGGO, tebaGcpfkcenproducts,
deViG86 and n retine er I.,helia deliveFy d vi�
Electronic Delivery Device. Any product containing or delivering nicotine, lobelia, or any other
substance. whether natural or synthetic, intended for human consumption through the inhalation
f aerosol or vapor from the product. Electronic delivery device includes, but is not limited to,
devices manufactured, marketed, or sold as e-cigarettes, e-cigars, e-pipes, vape pens, mods. tank
systems, or under any other product name or descriptor. Electronic delivery device includes any
comi2onent part of a product, whether or not marketed or sold separately. Electronic delivery
device does not include any product that has been approved or certified by the U.S. Food and Dru
Administration for sale as a tobacco -cessation product, as a tobacco -dependence product. or for
other medical purposes. and is marketed and sold for such an approved purpose.
Flavored Product. Any licensed product that contains a taste or smell, other than the taste or smell
of tobacco, that is distinguishable by an ordinary consumer either prior to or during the
consumption of the product, including, but not limited to, any taste or smell relating to chocolate,
cocoa, menthol, mint, wintergreen, vanilla, honey, fruit, or an cy andy. dessert, alcoholic beverage.
herb, or spice. A public statement or claim, whether express or implied, made or disseminated by
the manufacturer of a licensed product, or by any person authorized or permitted by the
manufacturer to make or disseminate public statements concerning such products. that a product
has or produces a taste or smell other than a taste or smell of tobacco will constitute presumptive
evidence that the product is a flavored product.
Individually Packaged: The practice of selling any tobacco or tobacco product wrapped individually
for sale. Individually wrapped tobacco and tobacco products shall include but not be limited to
single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other
packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single
pack or other container as described in this definition shall not be considered individually
packaged.
Indoor Area: All space between a floor and a ceiling that is bounded by walls, doorways, or
windows, whether open or closed, covering more than 50 percent of the combined surface area of
the vertical planes constituting the perimeter of the area. A wall includes any retractable divider,
garage door, or other physical barrier, whether temporary or permanent.
Licensed Product: The term that collectively refers to any tobacco —tobacco -related device.
electronic delivery device, or nicotine or lobelia delivery product.
Loosies: The common torn, used to refer to eLoosies means (11 single or individually packaged
sigare#e-Gr igars or cigarettes offered for sale, regardless of whether they have been removed
from their original retail packaging. and (21 any other tobaccoli n product that has been
removed from its original retail packaging and sold inclivid ell" The term "loosmes" offered for sale.
Loosies does not include individual cigars with a retail price, after any discounts are applied and
before any sales taxes are imposed, of mere thaRat least $2-983.00 per cigar—
Minor.- Ainnr- Any natural person who has not vet reached the age of 18 years.
Moveable Place of Business: Any form of business operated out of a k�_ k truck, van, automobile
or other type of vehicle or transportable shelter and not a fixed address storefront or other
permanent type of structure authorized for sales transactions.
Nicotine or Lobelia Delivery DeviceProduct: Any product containing or delivering nicotine or
lobelia intended for human consumption, or any part of such a product, that is not tobacco or an
electronic delivery device as defined in this section,. Nicotine or lobelia delivery product does not
�ginclude any product that has been approved or otherwise certified for legal sale by the
United States Food and Drug Administration foras a tobacco -cessation product, harrn
PedWGtiG-Ra tobacco dependence product, or for other medical purposes, and is being marketed and
sold solely for that approved purpose.
Pharmacy. A place of business at which prescription drugs are prepared, compounded, or
dispensed by or under the supervision of a pharmacist and from which related clinical pharmacy
services are delivered.
Retail Establishment: Any place of business where tebaGGG, tobaGGe-lic-ensed products. -
tobacco -related d1eViGeG OF ,.^tine- er 19belia delivery d1e„iGes are available for sale to the general
public. The term "retail establishment" shall inc4 idle, including. but not be limited to, grocery stores,
tobacco products shops, convenience stores, gasoline service stations, bars, and restaurants —
,and —drug stores
Sale: Any transfer of goods for money, trade, barter or other consideration.
Self -Service Merchandising: Open displays of tebaGGG, tebaGGek nsed products, teba^^^-rely+edl
dleyiGes or ni,.^tine ^r lebelia delivery de„'^S in any manner where any person &ha iavehaa access
to the +^he-^^^, +^he-^^^ icensed products, tebaGd.d,_related dle,a^es OF RiGGtiRe or lebelia delivery
deVOGeT without the assistance or intervention of the licensee or the licensee's employee. T-he
aesmstaneeAssistance or intervention shall ^eR a;:means the actual physical exchange of the tebaeGG
tebaeGolicensed product tebaosoTelateddeVroe, ^ ^^tin^ ^r le-belia dlelivery de"i^e between the
customer and the licensee or employee. Selfse�ee sales are 'nterpreted as being ^ ale where
Smoking:Inhalin -Gr exhaling smoke from any lighted or heated cigar,,ztte, pipe, or any, other
-
lighted g f g � q_�re
lighted) or heated) tobacco or plant product. The term "smoking" also includes burning. or carrying
awn cc lighted or heated cigar, cigarette, or pipe, or any other lighted or heated product containing.
made, or derived from nicotine, tobacco. marijuana. or other plant produ whether natural or
synthetic, that is intended for inhalation. Fir he-purposefthiarticle, the definition of smoking
4 nGludes the uE;e of electronic- Gigarettes, iRG'ud'Rg the inhaling and exhaling of vapor from
any making also includes carrying or usin an activated electronic delivery device
Tobacco
ar>y = product containing, made, or derived from tobacco that is intended for human
consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested
by any other means, or any component, part, or accessory of a tobacco product including but not
limited to cigarettes; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready
rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut
and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco;
and other kinds and forms of tobacco. The tere-, "+^he-^^^" eXGlude_ Tobacco does not include any
tobacco product that has been approved by the United StatesU.S. Food and Drug Administration
for sale as a tobacco -cessation product, as a tobacco -dependence product, or for other medical
purposes, and is being marketed and sold solely for such an approved purpose.
Tobacco -Related vices: includes any tobacco product as well as a pope e_cigarette,Device. Anv
rolling papers, ashtraywraps. pipes, or other device intentionally designed or intended to be used in-
a manner which ^ ables the chewiRg niff'ng or smoLin^with tobacco products. Tobacco related
device includes components of tobacco -related devices or tobacco products, which may be
marketed or sold separately. Tobacco related devices may or r may not contain tobacco.
Vending Machine-. Any mechanical, electric or electronic, or other type of device whichthat
dispenses tobacco, tab"^^^licensed products or tobaccorelateddevices upon the insertion of
money, tokens or other form of payment directly into the machine by the person seeking to
purchase the tebaGGG, tebaGGelicensecl product or tobacco_related deViGo
Sec. 16-159. - License.
a (a�-License Required. No person shall sell or offer to sell any tobacco tobacco products,
tebasse-related device, i^^t;ne or'^belma delivery clev ^-licensed product without first having
obtained a license to do so from the City.
(b {Application. An application for a license to sell tebaGGG, tobaGGericensed products,-
teba^^^_related deViGes o niGOtine or lobelia deliver, deyiGes shall be made on a form provided by
the City. The application shall contain the full name of the applicant, the applicant's residential and
business addresses and telephone numbers, the name of the business for which the license is
sought, and any additional information the City deems necessary. Upon receipt of a completed
application, the City Clerk shall forward the application to the City Council for action at its next
regularly scheduled City Council meeting. If the City Clerk shall determ;nodetermines that an
application is incomplete, beL-h hey shall return the application to the applicant with notice of
the information necessary to make the application complete.
Abusiness applicant, at the time of application, shall furnish the City with a list of all persons
that have an interest of five percent or more in the business. The list shall name all owners and
show the interest held by each. either individually or beneficially for others. It is the dut,ir of
each business licensee to notify the City Clerk in writing of any change in ownership in the
business. Any cage in the ownership or control of the business shall be deemed equivalent to
a transfer of the license, and any such license shall be revoked 30 days after any such change in
ownership or control unless the licensee has notified the Council of the change in ownership by
submitting a new license application for the new owners, and the Council has approved the
transfer of the license by ppropriate action. Any time an additional investigation is required
because of a change in ownership or control of a business, the licensee shall pay an additional
investigation fee to be determined by the City. The City may any reasonable time examine the
transfer records and minute books of any business licensee to verify and identify the owners,
and the City may examine the business records of any other licensee to the extent necessary to
disclose the interest which persons other than the licensee have in the licensed business. The
Council may revoke any license issued upon its determination that a change of ownership of a
licensee has actually resulted in the change of control of the licensed business so as materially
to affect the integrity and character of its management and its operation. but no such action
shall be taken until after a hearing by the Council on notice to the licensee.
(c {G�-Action. The City Council may either approve or deny the application for a license, or it may
delay action for a reasonable period of time as necessary to complete any investigation of the
application or the applicant it deems necessary. If the City Council shall approve the
license, the City Clerk shall issue the license to the applicant. If the City Council denies the license,
notice of the denial shall be given to the applicant along with notice of the applicant's right to
appeal the City Council's decision. If a license application is denied, the earliest an applicant
may reaupIv is 12 months from the date the license is denied.
M 0-Term. All licenses issued under this article shall be valid for one calendar year from the date of
issue.
to (e)—Revocation or Suspension. Any license issued under this article may be revoked or suspended
as provided in Section 16-168.
(f # Transfers. All licenses issued under this article shall be valid only on the premises for which the
license was issued and only for the person to whom the license was issued. Nelha transfer of any
license to another location or person shall be valid without the prier approval of the City Geunc4ja=
prohibited.
(g) Moveable P4ace of Business. No license shall be issued to a moveable place of business. Only fixed
location businesses shall be eligible to be licensed ender this article
Display. All licenses shall be posted and displayed in plain view of the general public on the
licensed premises.
thj (+y-Renewals. The renewal of a license issued under this article shall be handled in the same
manner as the original application. The request for a renewal shall be made at least 30 days but no
more than 60 days before the expiration of the current license.
W 0)—Issuance Asas Privilege and Not a Right. The issuance of a license issued under this article shall
be consi doredis a privilege and not an absolute right of the applicant and sha4dbes not entitle the
license holder to an -automatic renewal of the license.
(k) Smoking. Srnek'Rg shall not be permitted and no person shall smoke within the indoor area of any -
establishment with a retam! tobaGGE) liGense. Smoking for the purposes of GampliRg tobacco and
tobacco related products is prohibitor)
State Law FefeFenee
Maximum Number of Licenses. The number of licenses issued under this section shall be capped at
the number of licenses in glace on January 1, 2020. Any decrease in the number of licenses that
occurs after January 1. 2020 due to attrition will decrease the number of available licenses to that
extent until the number of available licenses reaches 8. When the maximum number of licenses
has been issued. the City may glace persons seeking licensure on a waiting list and allow them to
apply on a first -come, first -served basis, as existing licenses are not renewed or are revoked. A new
applicant who has purchased a business location holding a valid license will be entitled to first
priority. provided the new applicant meets all other application reauirements in accordance with
this ordinance.
Sec. 16-160. - Fees.
No license shall be issued under this article until the appropriate license fee shall be paid in full. The fee
for a license under this article shall be established by the City Council and adopted by ord+nmein the
City fee schedule, and may be amended from time to time.
Sec. 16-161.--4neligibility and Basis for Denial of License.
Ineliaibility.
Pharmacies. No existing license will be eligible for renewal to any pharmacy, includingany ry etail
establishment thatoperatesorcontains anon -site pharmacy, and no pharmacy or ran ry etail
establishment that operates an on -site pharmacywill ll be granted anew license.
my 1=1 W . .- . . •
fixed location businesses shall be eligible to be licensed under this article.
M Grounds for Denial. Grounds for denying the issuance or renewal of a license under this article
include, but are not limited to, the following:
( {)—The applicant is under the age of+a21 years.
t2 The applicant is prohibited by Federal. State, or other local law, ordinance, or other regulation
from holding a license.
M {}The applicant has been convicted within the past five years of any violation of a Federal,
State, or local law, ordinance provision, or other regulation relating to tobaGoE),
tebasseli n products, +^ba^^^_r^la+^ + devices,nicotinerlobelia delivery ,to"
4 {The applicant has had a license to sell tobacco, t^ba^^^licensed products, tobacco -rol^+o,t
deVOG^^ er niGGtiRe or'^belia delivery de 4--s suspended or revoked w4hiRduring the 12
months preceding' of date of application, or the applicant has or had an interest
in another premises authorized to sell licensed products, whether in the City or in another
2urisdiction. that has had a license to sell licensed products suspended or revoked during the
ame time period, provided the applicant had an interest in the premises at the time of the
revocation or suspension, or at the time of the violation that led to the revocation or
suspension.
N The applicant is a business that does not have an operating officer or manager who is
eligible pursuant to the provisions of this chapter.
t64 The applicant is the spouse of a person
ineligible
for a license
pursuant to the provision of
Subsections (b)(2) and (3) of this
section or
who,
in the judgement
of the Council, is not the
real party in interest or beneficial
owner
of the
business
to be operated, under the license.
Z (4—The applicant fails to provide any information required on the application, or provides
false or misleading information. Any false statement on an application, or any willful omission
f any information called for on such application form. shall work an automatic refusal of
license, or if already issued, shall render any license issued pursuant thereto void and of no
ffect to protect the applicant from prosecution for violation of this chapter, or any part
Lhareaf—
(5) The applicant is prohibited by
Federal, State, or other local ' ordinance, or other regulation
from holding a licence(b) However, except as may otherwise be provided by
' the existence of any partic-ular ground
denial does not mean that the City must deny the licence
The City shall conduct a background investigation on all new applications and applications to
transfer a license. The City may conduct a background and financial check on an application for a
renewal of a license if it is in the public interest to do so. If a license is mistakenly issued or
renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the
license under this article and the City shall the person with a notice of revocation. along
with information on the right to appeal.
No license shall be granted or renewed for operation on any premises on which real estate
taxes, assessments. or other financial claims of the City or of the State are due, delinquent, or
unpaid. If an action has been commenced pursuant to the provisions of Minn. Stats. ch. 278.
questioning the amount or validity of taxes. the Council may, on application by the licensee.
waive strict compliance with this provision: no waiver may be granted, however, for taxes, or
any portion thereof, which remain unpaid for a period exceeding one year after becoming due
unless such one-year period is extended through no fault of the licensee.
Sec. 16-162. - Prohibited Sa4esActs.
a ttln aeneral. No person shall he a violation of this article for any nercon + sell orofferto sell any
licensed product, tobaE66T2iated deViGe, er niGGtiRe er Iebelia delivery de„ire.
(1 ) To a ender the a of 18 years.
By means of any type of vending machine.
M By means of self-service merchandising.
W By means of loosies as defined in Section 16-158.
(4 {Containing opium, morphine, jimson weed, belfa deenabelladonna, strychnos, cocaine,
marijuana, or other deleterious, hallucinogenic, toxic or controlled substances except nicotine
and other substances found naturally in tobacco or added as part of an otherwise lawful
manufacturing process. It is not the intention of this provision to ban the sale of lawfully
manufactured cigarettes or other tobacco products.
t5 That is liquid. whether or not such liquid contains nicotine, which is intended for
human-
onsumption and use in an electronic delivery device, in packaging that is not child -resistant.
Upon request by the city. a licensee must provide a copy of the certificate of compliance or
full laboratory testing report for the packaging used.
t6 {6}By any other means, to any other person, on in any other manner or form prohibited by
FederalStatefederal. state or other local law, ordinance provision, or other regulation.
Legal Age. No person shall sell any licensed product to any person under the age of 21.
M Age verification. Licensees shall verify v means of government issued photographic
identification that the purchaser is at least 21 years of age. Verification is not required for a
person over the age of 30. That the person appeared to be 30 years of age or older does not
constitute a defense to a violation of this subsection.
t2 Sianaae. Notice of the legal sales age and age verification requirement must be posted
prominently and in plain view at all times at each location where licensed products are
ffered for sale. The required signage, which will be provided to the licensee by the Citv. must
e posted in a manner that is clearly visible to anyone who is or is considering making a
purchase.
W Flavored Products. No person shall sell or offer for sale any flavored products.
[fflk Minimum Ci•• Price. -ND -person h, or offer to sell any Cigar, sold individua-riulti-unit nackaee.-and reeardless of whether it is witWit its intended retail nackaeine. for a sales
price,discounts are applied and before sales taxes are imposed, of 11 •'
to Smoking Prohibited. Smoking, including smoking for the purpose of sampling of licensed products, is
prohibited within the indoor area of any retail establishment licensed under this ordinance.
Wf Samoles Prohibited. No person shall distribute samples of any licensed product free of charge or at
a nominal cost.
Sec. 16-163. —Additional Requirements
a Storage. All t^"a^^^, +^"^^^^licensed products, +^"^^^o related devices,and- n ,.^tine ^r Ieh^r^
delivery clevi shall either be stored behind a counter or other area not freely accessible to
customers, or in a case or other storage unit not left open and accessible to the general public.
Sec. 16-164. - Responsibility.
All licensees under this article s"f'i "care responsible for the actions of their employees in regard to the
sale of tobacco, tobacco products, teba�--.e-relatecl devices, or nicotine or lobelia delivery d , offer to
ell. and furnishing of licensed products on the licensed premises,�44he. The sale of antam, offer to
ell, or furnishing of any licensed product by an employee shall be considered a- sale -byan act of the
'i^^^c^ "^'d rlicensee. Nothing in this article i n shall be construed as prohibiting the City from also
subjecting the sleftmpl�ovee to �^�"�o„Fte -ems �ranv civil penalties arethat the City deems to be appropriate
under this ordinance, state or Federatederal law, or other applicable law or regulation.
1
Sec. 16-165. - Compliance Checks and Inspections.
All licensed premises shall be open to inspection by the City police or other authorized City official
during regular business hours. From time to time, but at least twice per year, the City shall conduct
compliance checks. All premises licensed under this subdivision shall be open to inspection by the cit
during regular business hours. From time to time. but at least once per year, the City shall conduct
compliance checks g,. In accordance with state law. the written ^ eRt of their parents or
guardi^r,S miners everCity will conduct at least one compliance check that involves the participation of
one person between the aged es of 15 years but loss +hen 18 year- - +^ o +or +ho "Lensed premises to
ennferr--p-MeRt effor--a-mrs. P-.r other designated Gity persennel. Miners used fGF GGmpliaRGe GheGks shall Rot be
delivery deViGes wheR +hE)se items o Gbta'Red as a art of the ^ pliaRG8 GheG-k and 17 and may
conduct an additional compliance check involving one person between the ages of 18 and 20.
No n#P. r used in compliance checks shall attempt to use a false identification misrepresenting
the or'stheir age, and all mi^^rs. All persons lawfully engaged in a compliance check shall answer all
questions about the mi„or'stheir age asked by the licensee or 4sil e their employee, and shall produce
any identification, if any exists, for which he/she icthey are asked. Persons used for the purpose of
compliance checks shall be supervised by law enforcement or other designated personnel. Minors used
or compliance checks shall not be guilty of unlawful possession licensed products when those items are
obtained as a part of the compliance check. Nothing in this article shall prohibit compliance checks
authorized by Statestate or Federalfederal laws for educational, research, or training purposes, or
required for the enforcement of a particular State or Federal law.
Additionally. from time to time. the City will conduct inspections to determine compliance with any or
all other aspects of this ordinance.
Sec. 16-166. - Other 41- egafProhibited Acts.
Unless otherwise provided, the following acts shall be a violation of this article:
U Illegal Procurement. It shall be a violation of this article for any m nar erson 21 vears of age or
older to purchaser, attempt to purchase, or otherwise obtain any tobacco, tobaGGeLicens-ed
product, tobacco related clevice, or nicotine or lobelia delivery device, and it shall be a violation of
this article for any person to P irnh000 or otherwise ebtain these items on behalf of a ni+noraers_ n
under the age of 21. It shall fu#hw ls-Q be a violation for any person 21 years of age or older to
coerce or attempt to coerce a m}inarperson under the age of 21 toillegalljF purchase or otherwise
eht,;,;-o; ace tempt to purchase any tebaGGe, tobaGeoken_product, tobacco related device, or
RiGOtine or Iobelia deliveFy devi%_. Th*,-; 1-.;UbGeGt4E)n shall not apply to minors lawfully involved in a
npmplianre check..
Mb { Use of False Identification. It shall be a violation of this article for any ni+nor e� to attempt to
disguise his/her true acre by the use of � f�l�ea�n c form of false identification, whether the
identification is that of another person or one on ,w(hinh the age of the per that has been
modified or tampered with to represent an age older than the actual age of the person using that
identification.
Sec. 16-167. - Exceptions and Defenses.
Nothing in this article shall prevent the providing of tobacco, teha^^e pr,,,t iGts gr tobacco -related
devices, er ni^^tine er lebelia delivery de„ iGes to a MOR )ran r=person as part of aan indigenous practice or
lawfully recognized religious, spiritual, or cultural ceremony or practice. It shall be an affirmative
defense to the violation of this article for a person to have reasonably relied on proof of age as
described by Statestate law.
Sec. 16-168. - Violations and Penalty.
W (a�Administrative Civil Penaltieslfrdividuals. If a person who is not a licensee is found to have
violated this article, the person shall be charged an administrative penalty as follows:
W1 (4}First Violation. The Council shall impose a civil fine not to exceed $50.00.
2 (2}Second Violation Within 12 months. The Council shall impose a civil fine not to exceed
$100.00.
(3) ( Third Violation Within 12 months. The Council shall impose a civil fine not to exceed
$150.00.
to (WSameL-kensee. If a licensee or an employee of a licensee is found to have violated this article,
the licensee shall be charged an administrative penalty as follows:
W1 (}First Violation. The Council shall impose a civil fine of $500.00 and suspend the license for
not less than five ^ ^uLive days1s�.U.
(2) (24--Second Violation Within 74 Months The f eu nr.il shall impese „il fiR8 of $750 00 and
SUSPeRd the lip -en -se fer net less than 15 e G tiye days
(3) Th Fd Violation I^AW*" ^ 243fz Months. The Council shall impose a civil fine of $1,000.00 and
suspend the license for not less than W3 consecutive days.
t3 Third Violation Within 36 Months. The Council shall impose a civil fine of $2,000.00 and
suspend the license for not less than 10 consecutive dam
(Q (4)—Fourth Violation Within 2436 Months. The Council shall revoke the license for at least one
year.
U ( Administrative Penalty Procedures. Notwithstanding anything to the contrary in this section:
" {}Any of the administrative civil penalties set forth in this section that may be imposed by
the Council, may in the alternative be imposed by an administrative citation under Section
1-9.
(2)—If one of the foregoing penalties is imposed by an action of the Council, no penalty shall
take effect until the licensee or person has received notice (served personally or by mail) of
the alleged violation and of the opportunity for a hearing before the Council, and such notice
must be in writing and must provide that a right to a hearing before the Council must be
requested within 10 business days of receipt of the notice or such right shall terminate.
td ()—Misdemeanor Prosecution. Nothing in this section shall prohibit the City from seeking
prosecution as a misdemeanor for any alleged violation of this article.
Sec. 16-169. - Severability.
If any✓ section or provision of this ordinance is held invalid, such invalidity✓ will not affect other sections
or provisions that can be given force and effect without the invalidated section or provision.
Sec. 16-170 -Effective Date.
This ordinance becomes effective on January 1. 2020.
Document comparison by Workshare 10.0 on Friday, September 27, 2019
8.43.10 AM
Input:
Document 1 ID
file://L:\City Open Matters\Ordinances\Tobacco\ARTICLE
VI. TOBACCO (Original).doc
Description
ARTICLE VI. TOBACCO (Original)
Document 2 ID
L:\City Open Matters\Ordinances\Tobacco\First
Reading\ARTICLE VI. TOBACCO (Rev. 9.27.19).doc
Description
L:\City Open Matters\Ordinances\Tobacco\First
Reading\ARTICLE VI. TOBACCO (Rev. 9.27.19).doc
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