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EC Agenda-4-24-2023 REGULAR MEETING AGENDA Remote Attendance: Members of the public may attend this meeting via Webex by calling 1- 415-655-0001 and entering access code 2453 165 1685. Questions/Comments: Members of the public who have questions about the commission or any items on the agenda should contact the staff commission liaison – Eric Eckman, Environmental Resources Supervisor, eeckman@goldenvalleymn.gov, 763-593-8084. 1. Call to Order 2. Land Acknowledgement 3. Roll Call 4. Approval of Agenda 5. Approval of March 27, 2023 Regular Meeting Minutes (5 min) 6. Old Business A. 2022 Accomplishments & 2023 Work Plan (10 min) 7. New Business A. GreenSteps Cities Step 4 and 5 Metrics (15 min) B. Keeping of Honeybees (30 min) C. Business Meeting in May (5 min) D. Program/Project Updates (5 min) E. Council Updates (5 min) F. Other Business 8. Adjournment April 24, 2023 – 6:30 pm City Hall Council Conference Room REGULAR MEETING MINUTES Remote Attendance: Members of the public may attend this meeting via Webex by calling 1-415-655- 0001 and entering access code 1773 93 4642. Questions/Comments: Members of the public who have questions about the commission or any items on the agenda should contact the staff commission liaison – Eric Eckman, Environmental Resources Supervisor, eeckman@goldenvalleymn.gov, 763-593-8084. 1. Call to Order The meeting was called to order by Chair Weirich at 6:30 pm. 2. Land Acknowledgement 3. Roll Call Commissioners present: Wendy Weirich, Debra Yahle, Tonia Galonska, Dawn Hill, Jim Stremel, Kenna Brandt Commissioners absent: Shannon Hansen, Rachel Zuraff Council Members present: None Staff present: Eric Eckman, Environmental Resources Supervisor; Ethan Kehrberg, Sustainability Specialist; Mars Muehleis, GreenCorps Member; Carrie Nelson, Engineering Assistant. 4. Approval of Agenda MOTION by Commissioner Hill, seconded by Commissioner Stremel to approve the agenda for March 27, 2023 and the motion carried. 5. Approval of January 23, 2023 Regular Meeting Minutes MOTION by Commissioner Galonska, seconded by Commissioner Brandt to approve the minutes of January 23, 2023 as submitted and the motion carried. 6. Old Business A. 2022 Accomplishments & 2023 Work Plan MOTION by Commissioner Yahle, seconded by Commissioner Hill to approve the 2022 Accomplishments and 2023 Work Plan and the motion carried with the following changes: March 27, 2023 – 6:30 pm City of Golden Valley Environmental Commission Regular Meeting March 27, 2023 – 6:30 pm 2 • Under Recycling & Organics: o Change ‘ban’ to ‘fee’ when discussing the use of Styrofoam and singles use plastics. • Under Community Outreach: o Change to: Use ‘a portion of’ the Commission’s budget… B. EAB Removals & Replanting i. Tree Trust would provide 100 trees for a fall sale. Trees normally sell for $150-$200. The City would offer them for $40-$80. ii. City considering a tiered pricing structure to allow residents in the 4 highest Environmental Justice Priority Areas to purchase trees at $40, while all other residents purchase for $80. iii. Could residents pay the lower amount if they have proof of losing an Ash Tree? Not part of this proposal, but could be included in future years. MOTION by Commissioner Stremel, seconded by Commissioner Hill to approve creating a partnership with Tree Trust for a fall 2023 tree sale and sponsoring the event by dedicating up to $1,750.00 of the Environmental Commission Budget toward the project and the motion carried. iv. Condemned (Forced Ash Tree Removal Special Assessment Terms MOTION by Commissioner Hill, seconded by Commissioner Galonska to approve recommending a Policy / City Code change to increase the number of years residents have to pay back a special assessment for condemned tree removal to 5 years at approximately 5 percent interest rate (or set by Finance Department) and the motion carried. 7. New Business A. Recycling Update i. One organics load has been rejected so far this year. ii. Staff and Republic are on the same page overall and the communication has been good. iii. Service delays are put on the website and all social media. Emails are pushed out to 4,000 people subscribed to the Govdelivery service (over half of all customers in city). We’re also exploring technology to push notifications out to resident’s phones, similar to GV Emergency CodeRed system. iv. Staff is currently working with Republic to schedule composition studies to sort through samples from the City’s traditional recycling and organics collection. v. We have approximately 97% participation rate in traditional recycling and approximately 45% participation rate in organics recycling. B. Program/Project Updates i. No Discussion City of Golden Valley Environmental Commission Regular Meeting March 27, 2023 – 6:30 pm 3 C. Council Updates i. Council Member Sanberg is resigning from the Council and the EC will be getting a new Council Liaison. D. Other Business i. Loppet Sustainability Fair – April 29, 2023 – 9am-12pm – Theo Wirth Trailhead. 8. Adjournment MOTION by Commissioner Galonska, seconded by Commissioner Yahle to adjourn the meeting at 8:17 pm and the motion carried. ATTEST: ________________________________ _______________________________________ Carrie Nelson, Administrative Assistant Wendy Weirich, Chair G:\Environmental Commission\Memos Date: April 21, 2023 To: Environmental Commission From: Eric Eckman, Environmental Resources Supervisor Subject: 2022 Annual Report and 2023 Work Plan In April, the City Council approved the EC’s 2022 Annual Report and 2023 Work Plan attached for reference. We will briefly discuss the work plan and comments received at the April Council Work Session. 2022 ANNUAL REPORT | 2023 WORK PLAN THE CITY OF GOLDEN VALLEYENVIRONMENTAL COMMISSION 2 City of Golden Valley PURPOSE, MISSION, & PRESCRIBED DUTIES The Environmental Commission has been established to advise and make recommendations to the City Council in matters relating to and affecting the environment and human health. BOARD OF ZONING APPEALS / 2022 Annual Report 3 TABLE OF CONTENTS 4 2022 Accomplishments 7 2023 Proposed Work Plan Cover photo by, John Charles Farrell, Views of the Valley, 2022 COMMISSIONERS Wendy Weirich, Chair (2023) Shannon Hansen, Vice Chair (2023) Tonia Galonska (2025) Dawn Hill (2024) Jim Stremel (2023) Debra Yahle (2025) Kenna Brandt, Student (2023) Rachel Zuraff, Student (2023) Note: Terms run May 1-April 30 COUNCIL LIAISON Kimberly Sanberg CITY STAFF Eric Eckman, Environmental Resources Supervisor Drew Chirpich, Water and Natural Resources Specialist Ethan Kehrberg, Sustainability Specialist Carrie Nelson, Engineering Assistant Mars Muehleis, MN GreenCorps Member 4 City of Golden Valley CURBSIDE RECYCLING AND ORGANICS COLLECTION • Helped guide and receive information about the participation study completed in cooperation with Republic Services in fall 2022. The study showed that approximately 45 percent of households participate in organics recycling and approximately 97 percent participate in traditional recycling (cardboard, aluminum, glass, paper). • Supported the delivery of finished compost to Hampshire Park for pickup by residents in spring 2022, showing how food waste can become a marketable product for use in yards and gardens. • Toured the Shakopee Mdewakanton Sioux Community industrial compost site to observe the composting process in action, from delivery of organics recycling materials to packaging of finished compost. ENERGY ACTION • Reviewed data from Xcel Energy and helped draft a summary of the City’s first six months of progress under its Energy Action Plan. www.goldenvalleymn.gov/DocumentCenter/View/2088/EAP-Progress-Update • Hosted an Electric Vehicle Showcase event in June 2022. • Explored and recommended participating in a program to increase the City’s EV charging infrastructure. • Developed an energy hero recognition program for businesses that complete an energy assessment and implement recommendations. • Recommended extending the Residential Home Energy Squad program another budget year. 2022 ACCOMPLISHMENTS BOARD OF ZONING APPEALS / 2022 Annual Report 5 GREENSTEP CITIES/CLIMATE ACTION Maintained Step 5 status in the GreenStep Cities Program, including advancement in the following topic areas: View the summary of Golden Valley’s GreenStep Cities progress at https://greenstep.pca.state.mn.us/city- detail/12069?ctu_code=2394924 ENVIRONMENTAL JUSTICE • With the City’s Diversity, Equity, and Inclusion Commission (DEIC), co-hosted a Building An Equitable Golden Valley forum on environmental justice in May 2022. • Collaborated with the DEIC through subcommittee to update source data and recommend approval of an environmental justice prioritization map to help identify partners and guide green infrastructure planning, events, and investment in the community. • Reviewed the City’s Land Acknowledgment resolution and action plan and identified actions to explore further with the DEIC and Dakota community. • Hosted a conversation with Crystal Boyd, facilitator of the Ȟaȟa Wakpadaŋ (Bassett Creek) Oral History Project, to learn about the project, hear from Indigenous community members in their own words, increase awareness, and provide the Environmental Commission with additional context and perspective as it works to protect and improve the environment and human health. 2022 ACCOMPLISHMENTS • buildings and lighting • renewable energy • land use • transportation and fleet • surface water • green buildings • solid waste and recycling • local food production • home energy squad visits 6 City of Golden Valley WATER AND NATURAL RESOURCES • Researched and recommended participation in the No Mow May pollinator campaign. • Promoted numerous education and outreach opportunities in cooperation with the Golden Valley Garden Club. • Provided input and feedback to the Bassett Creek Watershed on water resources issues and concerns facing cities and residents, which will help develop goals and priorities for the Watershed’s 10-year plan. • Received update on emerald ash borer and the City’s management plan and explored potential funding sources for addressing the problem. • Reviewed and recommended support for a fall tree sale with Tree Trust, including a tiered price structure based on environmental justice priority areas. • Explored ways to reduce cost burden for residents with condemned ash trees due to emerald ash borer. 2022 ACCOMPLISHMENTS BOARD OF ZONING APPEALS / 2022 Annual Report 7 2023 PROPOSED WORK PLAN Proposed work plan priorities for 2023 are based on goals in the City’s 2023 Pyramid of Success, 2040 Com- prehensive Plan (including Resilience & Sustainability, Natural Resources, Water Resources, Transportation), Equity Plan, Energy Action Plan, Pollinator Protection Resolution, Climate Emergency Declaration, GreenStep Cities Program, and City Council’s 2023 Legislative Priorities. RECYCLING AND ORGANICS • Help develop a plan to increase participation rates for organics recycling and opportunities for multi-family recycling, including organics and onsite composting. • Work with Hennepin County to help develop and implement its Zero Waste Plan and explore ways to host zero waste events in the organization and the community. • Seek opportunities to partner with nonprofits and others to reduce Styrofoam and single use plastics, bags, and containers (restaurants, stores, etc), and explore implementing a potential city-wide fee on certain products. • Start to research and engage the public in 2024 about City-contracted solid waste and yard waste services beginning in 2027 or later. ENERGY ACTION Help guide and participate in implementing the City’s Energy Action Plan, including: • monitoring and reporting on the progress of Xcel Energy’s Partners In Energy community collaboration program • reducing the number of households experiencing energy cost burden by 24 households through identifying, communicating, and connecting people with programs offered by utility companies and others • increasing participation in energy efficiency programs for residents and businesses, which includes: • monitoring and enhancing the new energy hero recognition program for businesses. • extending the Residential Home Energy Squad program for another budget cycle, and/or shift funds over to business energy assessments and audits Photo by Jennifer Schmidt, Photo Posse 8 City of Golden Valley 2023 PROPOSED WORK PLAN • exploring options for promoting, supporting, and developing renewable energy (solar) and electric vehicles and charging infrastructure, which includes: • hosting the second EV showcase event at City Hall in June 2023 (including electric lawn equipment) and exploring interest in a sustainable home tour (solar, electric heat pumps, etc) • exploring options to add rooftop solar to Brookview Golden Valley • increasing EVs and expanding charging infrastructure in the community (including legislation to clarify state law, city code updates, development standards, grants) • supporting state and local efforts to update building codes or standards that advance energy performance in buildings GREENSTEP CITIES/CLIMATE ACTION • Continue working on actions and metrics to address climate-related impacts, improve the environment, and reduce energy consumption and costs. • If awarded a MN GreenCorps Member in 2023-2024, work to complete GreenStep Cities actions related to climate action, energy action, and environmental justice. • Look for ways to partner with Hennepin County to implement its Climate Action Plan, with a focus on planting trees and reducing urban heat island effect. • Work with emergency management staff to identify public warming and cooling centers and ways to communicate such information to the community. ENVIRONMENTAL JUSTICE • Continue to partner with the DEIC on joint projects, events, and forums through a subcommittee formed in 2020. Collaboration will include: • co-hosting a Building An Equitable Golden Valley forum to recognize Indigenous people, culture, and contributions in November 2023 (Native American Heritage Month) • discussing the drafting of an environmental justice resolution to include the environmental justice priority areas map • identifying a partner and sponsoring one green infrastructure project or event in a priority area • helping implement the land acknowledgment action plan by creating a pre-contact (pre-European settlement) map of natural and cultural resources, and working with Dakota community members to identify a location for a cultural/educational installation in the city BOARD OF ZONING APPEALS / 2022 Annual Report 9 COMMUNITY OUTREACH • Review City website for environmental content and clarity, better promotion of green volunteer programs, and best practices for yards and gardens while ensuring web pages are inclusive, equitable, and representative of the community we serve. • Use the Commission’s $3,500 budget toward one or more of the following efforts: • funding a joint project, event, or forum with the DEIC • helping to equitably fund the purchase and planting of trees to replace ash trees lost due to emerald ash borer WATER AND NATURAL RESOURCES • Continue promoting educational opportunities in cooperation with the Golden Valley Garden Club. • Continue to study ways to mitigate the loss of infested ash trees due to the emerald ash borer pest, especially in environmental justice priority areas. • Address the issue of human encroachment into nature areas, and signage, as each area is enhanced or improved. • Explore and understand water use in the community; look into conservation measures like a lawn watering ordinance. • Explore the keeping of honeybees and make recommendation to Council. 2023 PROPOSED WORK PLAN 10 City of Golden Valley TRANSPORTATION • Work with Open Space & Recreation Commission to review Luce Line Trail connection under Highway 169 to Plymouth and other substandard trail sections. • Support and contribute to the City’s Bus Rapid Transit efforts along Hwy 55. • Provide input to Planning on its proposed updates to the off-street parking code. Photo by Clara Alexander, Views of the Valley 2022 2023 PROPOSED WORK PLAN G:\Environmental Commission\Memos Date: April 21, 2023 To: Environmental Commission From: Mars Muehleis, MN GreenCorps Member Subject: GreenStep Cities Update The City of Golden Valley is being recognized for GreenStep Cities steps 4 and 5 again this year. This is the third year that the City has received these distinctions. Green Step Cities is a voluntary challenge, assistance and recognition program to help cities achieve their sustainability and quality-of-life goals. Step 4 recognition is awarded to cities who report a minimum number of core metrics for the previous calendar year. These metrics aim to show the aggregate, quantitative results of taking multiple GreenStep actions. Step 5 cities must show improvement in the Step 4 metrics. Below are the metrics on which Golden Valley improved. The ones in bold qualified the City for Steps 4 and 5 recognition. Buildings and Lighting: metrics 1.2, 1A, 1.4, 2.5, 2.6a 1.2 Dollars spent on energy by the city per square foot, per year down by $0.19/ft2-year (to $2.10/ft2-year) 1A Electricity consumption for all city buildings down 344,788 kWh/year 1.4 Percent of street lights owned by the city and utility using LEDs up 7.17% 2.5 One additional private green certified building in Golden Valley 2.6a Three more buildings in Golden Valley are LEED certified Transportation: metrics 3.1, 3E, 5.1, 5.2 3.1 Annual vehicle miles traveled by city fleet down by 22,232 miles/year 3E Gallons of gasoline consumed by city fleet down by 515 gallons/year 5.1 Two additional electric vehicle charging station ports in Golden Valley 5.2 One additional e85 fueling station in Golden Valley Environmental Management: metrics 9.1, 9.2 9.1 Increase from 57 to 60 on Municipal Stormwater Management Assessment 9.2 Increase from 54 to 55 on Climate Adaptation Stormwater Score Economic and Community Development: metrics 14.1, 14.2, 14.5, optional metrics 18.4 and 18.5 14.1 Increase of 158 renewable energy generation sites (from 147 to 305) 14.2 Generation capacity of renewable energy sites increased by 2847 kW (from 1421 kW to 4268kW) 14.5 Increase of 208 participants in renewable energy purchasing/green power programs 18.4 Traditional Recycling Participation increased from approximately 95% to 97% 18.5 Organics Recycling Participation increased from approximately 3% to 45% G:\Environmental Commission\Memos Date: April 21, 2023 To: Environmental Commission From: Mars Muehleis, MN GreenCorps Member Subject: Beekeeping in Golden Valley The EC’s 2023 work plan includes researching and making a recommendation to City Council on the keeping of honeybees. Allowing beekeeping has many potential benefits for the environment, the local economy, and community education, and helps meet the goals and policies of the City’s Resilience and Sustainability Plan. However, it is important to consider and address the potential concerns and risks associated with beekeeping. The following questions were posed by the Environmental Commission at its January meeting. 1. How have other cities approached beekeeping? a. Most cities with a policy allow bees with restrictions and registration/permit. b. The few that do not allow beekeeping in residential areas consider them farm animals (as does Golden Valley currently). 2. What are some of the pros and cons of allowing beekeeping in Golden Valley? a. Pros of Allowing Beekeeping: i. Encourages sustainability and environmental stewardship. ii. Provides opportunities for education and awareness about the importance of bees. iii. Provides a source of locally produced honey and other bee products. iv. Contributes to the local economy by supporting small-scale beekeepers and local businesses that sell bee products. v. Supports the overall health of our ecosystem by increasing the bee population and pollination. b. Cons of Allowing Beekeeping: i. Potential for stings and allergic reactions. ii. Requires responsible beekeeping practices to avoid the spread of disease and pests. iii. May require additional resources to enforce regulations and address complaints. iv. Could be a nuisance to neighbors if not managed properly. v. Could lead to competition for food resources with native pollinators. 3. Should we consider how far the bees should be kept from neighboring properties? a. Yes, common policy requires them to be a certain distance from lot lines and/or adjacent units, some require flyway barriers. b. Typically, there is a limit on the number of hives based on lot size. c. Other considerations include placement (backyard) and a water source. 4. Will the non-native honeybees be in competition with the native bees? Will they do more harm than good? a. There may be competition over nectar and pollen sources. b. Can be mitigated by planting pollinator plants, especially early and late blooming. c. No evidence of pathogen spillover from honeybees (health issues do not transfer between species). d. Provide resources on diseases and planting suggestions. e. Continue to encourage all residents to incorporate more pollinator habitats (including nesting and overwintering sites) and reduce/eliminate pesticide use. 5. Should we require a license for beekeeping? a. Most cities require registration at minimum. b. Some require a license or permit, with renewal and/or fees. c. Have a map on our website of registered hives. While honeybees are not native to Minnesota, allowing beekeeping could potentially benefit native pollinators as well. Honeybees are generalist pollinators and can help supplement the work of native bees and other pollinators. Additionally, responsible beekeeping practices, such as avoiding the use of pesticides and providing diverse sources of nectar and pollen, can benefit the health of all pollinators. Typical colony hive allowances: One-half (½) acre or smaller lot Two (2) colonies Larger than one-half (½) acre but smaller than three-quarter (¾) acre lot Four (4) colonies Larger than three-quarter (¾) acre lot but smaller than one (1) acre lot Six (6) colonies Larger than one (1) acre but smaller than five (5) acres Eight (8) colonies Larger than five (5) acres Twelve (12) colonies or other max or unlimited In addition to City Council’s interest in this topic, representatives from People for Pollinators Golden Valley have expressed interest in the City looking into the keeping of honeybees. A resident member recently submitted a letter and model ordinance with a request to share the information with the Commission (attached to this memorandum). Staff requests that Commission members review the memo and attachments, do their own reading and research on the topic, and come to the meeting with comments, questions, and feedback that will help provide guidance to staff. Staff will be on hand to present information and answer questions. Following the informational meeting in April, the Commission could begin to review other cities’ codes and policies at an upcoming meeting, and consider crafting an ordinance that benefits beekeepers, the community, and natural resources as a whole. Resources: Beekeeping in Northern Climates Second Edition pdf Attracting Native Pollinators by the Xerces Society https://beelab.umn.edu/ordinances https://gvgardenclub.com/simple-steps-help-pollinators/ To: Eric Eckman, City of Golden Valley From: Iver Iverson, 1437 Orkla Drive, Golden Valley, MN. 55427 Date: Monday, March 20, 2021 I am a 26 year resident of Golden Valley who has enjoyed being a hobby beekeeper operating in two different types of environments. One of them is urban and the other is exurban. These apiaries are located in Minneapolis (2 hives) and in Minnetrista (3 hives). Before I purchased my equipment and bees, I took the U of M “Beekeeping in Northern Climates” class taught by entomologists from the University of Minnesota which provides a comprehensive introduction to the art and science of beekeeping. I have been certified as a hobby beekeeper and doing this work for 12 years. I work closely with a local beekeeper’s supplier to maintain and support healthy hives and as I result of this focused management plan, I have always had healthy hives which produce delicious local honey. The urban Minneapolis location was established in 2020 during the pandemic and it is thriving. My experience with it has been quite enjoyable. More visitors can view and experience it than my exurban, more rural location in Minnetrista. Helping others observe how bees work together as a community as an important keystone animal species is often a transformative experience for the observer. Many people are afraid of bees until they understand how expertly bees work together to forage, pollinate and how non-threatening they are with proper care and handling. I would like to suggest to the Environmental Commission that they review this model beekeeping resolution which is recommended by the Minnesota Hobby Beekeepers Association for cities considering passing a beekeeping ordinance. Areas that the EC and City may want to take special note of are: number of hives (Minneapolis only allows 2), inspections (Minneapolis requires one every year), cost for permit (Minneapolis - $105 per year), and evidence that permit applicant has completed a beekeeping education course (U of M Bee Lab - https://beelab.umn.edu/beekeeping-classes). Minneapolis also requires permit holders to complete a beekeeping management plan along with the fee. The Environmental Commission is likely reviewing various ordinances written by surrounding communities with beekeeping resolutions in order to come up with the best plan for Golden Valley as a community. I also believe everyone can help support bees by planting and supporting healthy vegetable gardens, pollinator friendly lawns and native flower gardens. When we avoid the use of pesticides and herbicides such as neonicotinoids and glyphosate we help the 6 species of honeybees that pollinate so many foods we eat and plants we enjoy in our environment. I see as I walk around and drive in Golden Valley how more residents are adding pollinator friendly plants in their yards and gardens that help provide food and shelter not only for honeybees but also many other pollinators. Thank you for your work with the City as the Environmental Resources Supervisor and as a liaison to the Environmental Commission. Sincerely, Iver Iverson May 19, 2018 Page 1 of 5 MODEL BEEKEEPING ORDINANCE prepared by the Minnesota Hobby Beekeepers Association This model ordinance is not intended to be adopted without legal review by counsel representing the jurisdiction considering it. Like any proposed ordinance, it must be reconciled with existing ordinances and may be revised to fit community standards and needs. Our purpose in advancing the model ordinance is to offer a document with the apicultural framework we believe will enable hobbyist and sideliner beekeepers to safely and successfully pursue this pleasurable and economically, culturally and agriculturally critical activity in urban and suburban areas. WHEREAS, honey bees (apis mellifera) are of benefit to humankind, and to Minnesota in particular, by providing agriculture, fruit and garden pollination services and by furnishing honey and other useful products; and WHEREAS, Minnesota is among the leading states in honey production and agricultural by-products associated with beekeeping throughout the United States; and WHEREAS, domestic strains of honey bees have been selectively bred for desirable traits including gentleness, honey production, tendency not to swarm and non-aggressive behavior, characteristics which are desirable to foster and maintain; and WHEREAS, gentle strains of honey bees can be maintained within populated areas in reasonable densities without causing a nuisance if the bees are properly located and carefully managed; NOW THEREFORE, be it ordained and enacted by _____________________________: Section 1. Preamble Adopted. That the findings contained in the preamble of this ordinance are hereby adopted as a part of this ordinance. Section 2. Definitions. As used in this article, the following words and terms shall have the meanings ascribed in this section unless the context of their usage indicates another usage. 2.1 “Apiary” means the assembly of one or more colonies of bees at a single location. 2.2 “Beekeeper” means a person who owns or has charge of one or more colonies of bees. 2.3 “Beekeeping equipment” means anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors. Model Beekeeping Ordinance March 12, 2018 Page 2 of 5 2.4 “Colony” means an aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times drones, brood, combs and honey. 2.5 “Hive” means the receptacle inhabited by a colony that is manufactured for that purpose. 2.6 “Honey bee” means all life stages and castes of the common domestic honey bee, apis mellifera species. 2.7 “Lot” means a contiguous parcel of land under common ownership. 2.8 “Nucleus colony” means a small quantity of bees with a queen housed in a smaller than usual hive box designed for a particular purpose. 2.9 “Undeveloped property” means any idle land that is not improved or actually in the process of being improved with residential, commercial, industrial, church, park, school or governmental facilities or other structures or improvements intended for human occupancy and the grounds maintained in associations therewith. The term shall be deemed to include property developed exclusively as a street or highway or property used for commercial agricultural purposes. 2.10 “Swarm” means a group of bees, usually calm, with a queen that have left a hive to find a new home. Section 3. Purpose of Ordinance. 3.1 The purpose of this ordinance is to establish certain requirements for beekeeping within the City, to avoid issues which might otherwise be associated with beekeeping in populated areas. 3.2 Compliance with this ordinance shall not be a defense to a proceeding alleging that a given colony constitutes a nuisance, but such compliance may be offered as evidence of the beekeeper’s efforts to abate any proven nuisance. 3.3 Compliance with this ordinance shall not be a defense to a proceeding alleging that a given colony violates applicable ordinances regarding public health, but such compliance may be offered as evidence of the beekeeper’s compliance with acceptable standards of practice among hobby beekeepers in the State of Minnesota. Section 4. Standards of Practice. 4.1 Honey bee colonies shall be kept in hives with removable frames, which shall be kept in sound and usable condition. 4.2 Each beekeeper shall ensure that a convenient source of water is available to the colony so long as colonies remain active outside of the hive. 4.3 Each beekeeper shall ensure that no wax comb, syrup for feeding honey bees, or other material that might encourage robbing by other bees are left upon the grounds of the apiary lot. Such materials once removed from the site shall be handled and stored in sealed containers, or placed within a building or other insect-proof container. Model Beekeeping Ordinance March 12, 2018 Page 3 of 5 4.4 For each colony permitted to be maintained under this ordinance, there may also be maintained upon the same apiary lot, one nucleus colony in a hive structure not to exceed one standard 9-5/8 inch depth 10-frame hive body with no supers. 4.5 Each beekeeper shall maintain their beekeeping equipment in good condition, including keeping the hives painted if they have been painted but are peeling or flaking, and securing unused equipment from weather, potential theft or vandalism and occupancy by swarms. It shall not be a defense to this ordinance that a beekeeper’s unused equipment attracted a swarm and that the beekeeper is not intentionally keeping bees. 4.6 The beekeeper shall show they have had a complete course on beekeeping including but not limited to disease and mite management and swarm control. Section 5 Colony Density. 5.1 Except as otherwise provided in this ordinance, in each instance where a colony is kept less than 16 feet from a property line of the lot upon which the apiary is located, as measured from the nearest point on the hive to the property line, the beekeeper shall establish and maintain a flyway barrier at least 6 feet in height. The flyway barrier may consist of a wall, fence, dense vegetation or a combination there of, such that bees will fly over rather than through the material to reach the colony. If a flyway barrier of dense vegetation is used, the initial planting may be 4 feet in height, so long as the vegetation normally reaches 6 feet in height or higher. The flyway barrier must continue parallel to the apiary lot line for 10 feet in either direction from the hive, or contain the hive or hives in an enclosure at least 6 feet in height. A flyway barrier is not required if the property adjoining the apiary lot line (1) is undeveloped, or (2) is zoned agricultural, industrial or is outside of the City limits, or (3) is a wildlife management area or naturalistic park land with no horse or foot trails located within 25 feet of the apiary. 5.2 No person is permitted to keep more than the following numbers of colonies on any lot within the City, based upon the size or configuration of the apiary lot: a. One half acre or smaller lot: 2 colonies b. Larger than 1/2 acre but smaller than 3/4 acre lot: 4 colonies c. Larger than 3/4 acre lot but smaller than 1 acre lot: 6 colonies d. One acre but smaller than 5 acres: 8 colonies e. Larger than 5 acres: no restriction 5.3 Regardless of lot size, so long as all lots within a radius of at least 200 feet from any hive, measured from any point on the front of the hive, remain undeveloped, there shall be no limit to the number of colonies. No grandfathering rights shall accrue under this subsection. 5.4 If the beekeeper serves the community by removing a swarm or swarms of honey bees from locations where they are not desired, the beekeeper shall Model Beekeeping Ordinance March 12, 2018 Page 4 of 5 not be considered in violation the portion of this ordinance limiting the number of colonies if temporarily housing the swarm on the apiary lot in compliance with the standards of practice set out in this ordinance for no more than 6 months from the date acquired. Section 6. Inspection. A designated City official shall have the right to inspect any apiary for the purpose of ensuring compliance with this ordinance between 8 a.m. and 5 p.m. once annually upon prior notice to the owner of the apiary property and more often upon complaint without prior notice. Section 7. Presumed Colony/Hive Value. For the purpose of enforcing City ordinances against destruction of property, each colony/hive shall be presumed to have a value of $275. Section 8. Compliance. 8.1 Upon receipt of credible information that any colony located within the City is not being kept in compliance with this ordinance, [the designated City official] shall cause an investigation to be conducted. If the investigation shows that a violation may exist and will continue, [the designated City official] shall cause a written notice of hearing to be issued to the beekeeper, which notice shall set forth: a. The date, the time and the place that the hearing will be held, which date shall be not less than 30 days from the date of the notice; b. The violation alleged; c. That the beekeeper may appear in person or through counsel, present evidence, cross examine witnesses and request a court reporter, and d. That if [the designated City official] finds that they have been kept in violation of this ordinance, and if the violation is not remediated within the time allowed, the bees may be ordered removed and/or destroyed. Notices shall be given by certified US Mail return receipt requested or personal delivery. However, if the beekeeper cannot be located, then notice may be given by publication in a legal newspaper for the county in which the apiary property is located, at least seven days before the hearing. 8.2 The hearing shall be conducted by [the designated City official]. The burden shall be on the City to demonstrate by a preponderance of evidence that the colony or colonies have been kept in violation of this ordinance. If [the designated City official] finds a violation, then he/she may order that the bees be removed from the City or such other action as may address the violation, and that the apiary lot be disqualified for permitting under this ordinance for a period of 2 years from the date of the order, the Model Beekeeping Ordinance March 12, 2018 Page 5 of 5 apiary lot ownership changes, in which case the prohibition shall terminate. If the order has not been complied with within 20 days of the order, the City may remove, donate or destroy the bees and charge the beekeeper with the cost thereof. Upon destruction of bees by the City, all equipment shall be returned by the City to the beekeeper, with expenses of transportation to be paid by the beekeeper. The City’s destruction of the bees shall be by a method that will not damage or contaminate the equipment, include wax foundation. 8.3 The decision of the hearing officer may be appealed by the beekeeper as provided in the City’s rules and procedures. If no provision for appeal exists, then the beekeeper may file a notice of appeal with the City secretary within 15 days of the date the order is placed in US Mail to the beekeeper, or 10 days if the decision is announced at the hearing by [the designated City official]. An appeal shall not stay [the designated City official]’s decision, and the beekeeper shall be required to comply with such order pending the outcome of the appeal. 8.4 No hearing and no order shall be required for the destruction of honey bees not residing in a hive structure that is intended for beekeeping. Section 9. Savings Clause. In the event any part of this ordinance or its application to any person or property is held to be unenforceable for any reason, the unenforceability thereof will not affect the enforceability and application of the remainder of this ordinance, which will remain in full force and effect. Section 10. Effective Date. This ordinance shall become effective on ____________________, 20______. PROGRAM/PROJECT UPDATES – April 2023 GREENCORPS PROGRAM The member has been planning clean-up events in April and May around Golden Valley. They are beginning preparations for an electric vehicle and equipment showcase in June. In the coming months, they will be inventorying trees within planned unit developments in the City as well as continuing work on the education and outreach. WATER AND NATURAL RESOURCES 2024 Bassett Creek Restoration Project (Regent Ave to Golden Valley Rd) – The BCWMC approved funding for a feasibility study for a stabilization and restoration project on Bassett Creek from Regent Ave to Golden Valley Rd. This study began this fall with research and field work. Public comment can be provided by accessing the project webpage at Bassett Creek Feasibility Study | Golden Valley, MN (goldenvalleymn.gov) There was also an open house for the project at Brookview Community Center on March 1st. The study will wrap up in spring 2023. Construction is scheduled for fall/winter 2024 following a design and community engagement process. Medley Park Stormwater Improvement Project Construction began in early November and will continue through summer 2023 when trail paving, solar LED light installation, restoration, and planting will occur. More information is available on the project webpage. DeCola Ponds SEA School-Wildwood Park Flood Reduction Project The SEA School-Wildwood Park flood storage portion of the project was awarded to Rachel Contracting by the City Council on March 7. Work will begin around May 1. The DeCola Ponds D and E storm sewer outlet pipe replacement work will be bid under separate contract in summer 2023. The plans are available for viewing on the project webpage. Lagoon Dredging within Theodore Wirth Park The Bassett Creek Watershed Management Commission has finished removing accumulated sediment from the lagoons within Theodore Wirth Park. The objective is to return these lagoons to their historically designed condition, and improve water quality by dredging out accumulated sediment and its associated phosphorus. The dredging of Lagoon E is completed, Lagoons F and D are commencing. The project is anticipated to run through winter 2022 with restoration of disturbed areas being completed in spring of 2023. Bassett Creek Stabilization within Brookview Golf Course The City has contracted with Blackstone Contractors LLC perform construction for the stabilization and restoration of a portion of Bassett Creek approximately 500 feet long within the City owned and operated Brookview Golf Course. This portion of the creek has eroded significantly in recent years. The RFQ specifies a streambank stabilization technique with a natural appearance and the incorporation of native vegetative buffers. The project is substantially complete and final restoration will take place in the spring. ENERGY Staff has been learning more about the Inflation Reduction Act funding and incentives for both residential and municipal energy efficiency and electrification efforts. The city continues to do outreach to residents and businesses about energy savings opportunities. The city is also preparing for future events like the Sustainability Fair at Theodore Wirth Park, the summer EV showcase event, and tabling at Market in the Valley. There are still free LED kits to have available for residents at these events. PLANNING COMMISSION – March 28, 2023 Luther - Genesis — On March 27, the Planning Commission recommended approval of a Major PUD Amendment to the Toyota / Jaguar / Land Rover site south of I-394 in order to construct a new Genesis dealership building and a parking structure. Various conditions addressing landscaping, ramp aesthetics, and truck movements through the site were included in the recommendation. The item is scheduled for the April 18 City Council meeting. PLANNING COMMISSION – April 19, 2023 Sentinel Golden Valley Apartments (Wells Fargo / Park Nicollet) — At its April 10 meeting, the Planning Commission approved (6-0) the site plan for the Sentinel project. They found it generally conformed to the standards of the City Code and was consistent with the standards and objectives of the Mixed-Use zoning district. Flexibility was granted in a few areas, including the minimum required height of the proposed bank building, the front setback for the bank parking lot, and an upper floor stepback for a wing of the apartment building. Menards (6800 Wayzata Boulevard) — A Major PUD Amendment to install six electric vehicle charging stations and associated equipment in the southeast corner of the parking lot, resulting in a net loss of five parking spaces. Scheduled for the April 24 Planning Commission meeting. Off-street Parking — Staff continues to work towards a text amendment to the off-street parking section of the Zoning Chapter, updating parking requirements for various uses, incorporating new standards for electric vehicles, and adjusting other language. A draft of the proposed language will be shared at the April 24 meeting. CITY COUNCIL – March 28, 2023 Sentinel Golden Valley Apartments (Wells Fargo / Park Nicollet) —At its March 21 meeting, the City Council voted (4-0) to approve a land use change and a zoning change to designate 8200 Golden Valley Road and 8240 Golden Valley Drive for Community Mixed Use. The changes would support a proposal to demolish the existing Wells Fargo bank and vacant Park Nicollet clinic and replace them with a smaller bank building and a 302-unit multifamily building that would include at least 46 affordable units. Numerous public comments were provided, with concerns over traffic and shading being outweighed by the alignment of the proposal with the goals of the Comprehensive Plan and the Downtown Study. The preliminary plat was also approved. Going forward, the project site plan needs to be approved by the Planning Commission. Tax Increment Financing will be requested by the developer, necessitating approval by the Housing and Redevelopment Authority and City Council at a future meeting. The final plat, an affordable housing plan, and other agreements will need approval by the City Council as well. CITY COUNCIL – April 19, 2023 Luther - Genesis — On April 18, the City Council approved (4-0) the proposed Major PUD Amendment to PUD No. 91 for the Toyota / Jaguar / Land Rover site south of I-394. The amendment will allow Luther to construct a new Genesis dealership building and a parking structure. Improved landscaping and parking structure elevations were prepared followed the informal hearing at the Planning Commission. The Council added one new condition giving staff the authority to monitor maintenance of the proposed “living wall” of vegetation on the ramp. The amended PUD Permit will be added to a future Council agenda for consideration. AC Hotel (5073 Wayzata Boulevard) — A Minor PUD Amendment to reduce the level of required parking for the hotel. This amendment is being reviewed and considered in parallel with an amendment process in Saint Louis Park. Scheduled for the May 16 City Council meeting.