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10-18-11 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber October 18, 2011 6:30 pm The Council may consider item numbers 1, 2, 3, 5 and 6 prior to the public hearings scheduled at 7 pm 1. CALL TO ORDER PAGES A. Roll Call B. Receipt of Grant from Fireman's Fund Heritage Program 11-55 3-4 C. Presentation of Envision Award - Don Anderson - Community Volunteer and 5 Leadership During Envision 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 or citizen so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes - City Council Meeting -August 16, 2011 6-9 B. Approval of Check Register 10 C. Licenses: 1. Gambling License Exemption and Waiver of Notice Requirement- Hadassah 11-14 D. Minutes of Boards and Commissions: 1. Human Services Foundation -August 8, 2011 15 2. Envision Connection Project Board of Directors - July 21, 2011 16-19 3. Open Space and Recreation Commission - July 25, 2011 20-21 4. Minneapolis Water Advisory Board - February 10, 2011 22-24 E. Bassett Creek Regional Trail Resolution of Support 11-56 25-26 F. Receipt of September 2011 Financial Reports 27-34 G. Call for Administrative Hearing - Failure to Apply for Rental License - 510 Jersey 35-41 Avenue North - 11/1/11 H. Call for Public Hearing - Douglas Drive Municipal Consent - 11/15/11 11-57 42-44 I. Amendment to Snow Plowing and Ice Control Policy for City Streets, Alleys, Parking 45-56 Lots, Trails and Sidewalks 11-58 J. Set Date for Canvassing Board Meeting - 11/9/11 57 4. PUBLIC HEARINGS 7 PM 5. OLD BUSINESS 6. NEW BUSINESS A. First Consideration - Ordinance#473 -Amending Section 10.30, Regarding 58-90 Discontinuance of Dog Licensing Requirement (Except for Dangerous and Potentially Dangerous Dogs) B. Announcements of Meetings C. Mayor and Council Communications 7. ADJOURNMENT �;�� '` �� , � _.__ _ry �: � 0 �,, �r� a e Fire Department J 763-593-8079/763-593-8098(fax) ,� ��e.. Executive Summary for Action Golden Valley City Council October 18, 2011 Agenda Item 1. B. Receipt of Grant from Fireman's Fund Heritage Program Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary The Fireman's Fund Heritage Program provides grants for equipment, training and education programs to fire departments across the country. Fire Department staff submitted a grant application to Fireman's Fund Heritage Program for$6,000 to purchase gas/hazardous material monitoring equipment. Staff has received notification that the grant request has been approved. Fireman's Fund and Allianz staff will be present at the City Council meeting to present the grant. Recommended Action Motion to authorize receiving the Fireman's Fund Heritage Grant in the amount of$6,000 to purchase gas/hazardous material monitoring equipment. Resolution 11-55 October 18, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION FROM FIREMAN'S FUND HERITAGE PROGRAM GRANT WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004 which established a policy for the receipt of gifts; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following donations: $6,000 from Fireman's Fund Heritage Program grant to purchase gas/hazardous material monitoring equipment Linda R. Loomis, Mayor ATTEST: Susan M. Vimig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. y�� 4 �I r� � -""�d.y� �l/ 4��k �� t� Park and Recreation O `'�� ', �, e 763-512-2342/763-512-2344(fax) �v.. Executive Summary For Action Golden Valley City Council Meeting October 5, 2010 Agenda Item 1. C. Presentation of Envision Award - Don Anderson - Community Volunteer and Leadership During Envision Golden Valley Prepared By Sandy Werts, Volunteer Coordinator Summary Don Anderson, a 53 year resident of Golden Valley, has been busy serving the City as a tireless volunteer for many years. Anderson served on the Building Board of Review and as a founding member of the Human Services Fund (formerly the Human Services Foundation). He has been a guiding light for the Golden Valley Historical Society, serving as Secretary for 21 years. He works tirelessly for whatever cause he is involved with and is very successful in getting others to volunteer. Anderson co-chaired the steering committee for the City's Envision Connection Project that brought citizens together to think about the City's future. His work on the committee helped to make Envision Golden Valley a resounding success. That work continues to influence the direction the City is taking today. Rotary has been a big part of Don's life, being named Rotarian of the Year in 1999-2000 and Golden Valley Citizen of the Year in 2011. Noting that Anderson is now on the City's 125th Anniversary Celebration Committee, resident Nancy Azzam said, "I can't imagine what anyone did for the first 75 years in Golden Valley without Don Anderson to lead the way." Recommended Action Award the Envision Award to Don Anderson. Regular Meeting of the City Council August 16, 2011 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on August 16, 2011 at 6:30 pm. The following members were present: Loomis, Pentel, Scanlon and Shaffer; and the following was absent: Freiberg. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Planning and Development; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Board/Commission Oath of Office and Presentation of Certificate of Appointment Mayor Loomis administered the oath of office and presented a Certificate of Appointment, mug and city pin to: Katie Hart, Human Services Foundation and Tim Hepner, Human Rights Commission Terri Policy, Human Rights Commission and John Cornelius, Open Space and Recreation Commission were unable to attend. Auproval of Aqenda MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the agenda of August 16, 2011 as amended: Approval of Six Month Extension for Filing of Plat and Submitting Final PUD Plan Application - PUD #107 - The Towers at West End - Southwest Quadrant of I-394 and Highway 100, change date to February 26, 2012. Approval of Consent Actenda MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the consent agenda of August 16, 2011 as amended: removal of Approve Letter to Three Rivers Park District Regarding Bassett Creek Regional Trail. *Approval of Minutes - Citv Council Meetina -June 21, 2011 MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and file the City Council Meeting minutes of June 21, 2011 as submitted. *Approval of Check Reqister MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the payment of the City bills as submitted. *Solicitor's License - NARAL Pro-Choice Minnesota MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the solicitor's license NARAL Pro-Choice Minnesota. Regular Meeting of the City Council August 16, 2011 Page 2 *Minutes of Boards and Commissions MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and file the minutes as follows: Environmental Commission - June 27, 2011 Human Services Foundation - July 11, 2011 Envision Connection Project Board of Directors -April 20, 2011 Approval of Plat- Ralev Addition 11-39 Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-39 RESOLUTION FOR APPROVAL OF PLAT - RALEY ADDITION The motion for the adoption of the foregoing resolution was seconded by Member Scanlon upon a vote being taken thereon, the following voted in favor thereof: Loomis, Pentel, Scanlon and Shaffer; and the following was absent: Freiberg, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. A�prove Letter to Three Rivers Park District Reaardinq Bassett Creek Reqional Trail Mayor Loomis updated the Council on her discussions with County Commissioner Stenglein and Park District Commissioner Peters. Commissioner Peters requested the Council send their letter by Thursday. Jeannine Clancy answered questions from the Council. MOVED by Loomis, seconded by Shaffer and motion carried unanimously to approve letter to Three Rivers Park District providing comments on the Bassett Creek Regional Trail Master Plan as amended. Staff was requested to restate the last sentence of 3 regarding the Three Rivers Park District maintaining the trails in winter. *Approval of Six Month Extension for Filina of Plat and Submittinct Final PUD Plan Application - PUD #107 -The Towers at West End - Southwest Quadrant of I-394 and Hiqhwav 100 MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve an extension for submittal of the Final PUD Plan application and the Final Plat for The Towers at West End, PUD No. 107 until February 26, 2012, subject to the following conditions: Regular Meeting of the City Council August 16, 2011 Page 3 *Apbroval of Six Month Extension for Filinq of Plat and Submittina Final PUD Plan Application - PUD #107 -The Towers at West End - Southwest Quadrant of I-394 and Hiahwav 100 - Continued 1. Duke shall submit cash deposits as requested by the City to cover legal and engineering costs incurred by the City for consideration of the Preliminary Plan. 2. Duke will be financially responsible for road construction under TH 100 and intersection improvements on the east side of TH 100 and traffic calming along the frontage road east of TH 100, to occur at the time building permits area applied for by Duke. 3. Duke shall cooperate with the Metropolitan Council Environmental Services (MCES) in the construction of the 1-GV-461 Reliever project. The Reliever project is required to be constructed by MCES to increase sanitary sewer capacity to serve Duke's West End development and other future development in the certain parts of Golden Valley and St. Louis Park. The cooperation may include the dedication of property or easements for the construction of a lift station, force main, air relief, or gravity lines as outlined in the MCES plans for 1-GV-461. If the City or MCES determines that there has not been adequate cooperation from Duke, the City retains the right to place additional conditions on future extensions to the Preliminary PUD Plan or the Final PUD Plan. Public Hearinq -Ordinance #467 -Approval of Amended Conditional Use Permit#68 - Amendment#1 - 9315 Medicine Lake Road - McDonald's, Applicant The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 467, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Amended Conditional Use Permit Number 68, Amendment#1 9315 Medicine Lake Road McDonald's USA, LLC, Applicant Ftay Croaston, representing McDonalds, reviewed the amended request. Steve Schmidgall presented the Planning Commission report. Joe Hogeboom, Planner, introduced the agenda item and answered questions from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. Regular Meeting of the City Council August 16, 2011 Page 4 Public Hearina - Ordinance #467 -Approval of Amended Conditional Use Permit#68 - Amendment#1 - 9315 Medicine Lake Road - McDonald's, Applicant- Continued MOVED by Pentel, seconded by Shaffer and motion carried to adopt Ordinance #467, Approval of Amended Conditional Use Permit No. 68, Amendment 1, 9315 Medicine Lake Road, McDonald's, USA, LLC, Applicant as amended: Condition 7. Inflow and Infiltration rehabilitation compliance shall be completed within 90 days of the approval of the amended Conditional Use Permit. If work is not completed by that time, the City has the right to use the posted escrow to complete the work. Upon a roll call vote, the vote was as follows: FREIBERG -ABSENT LOOMIS -YES PENTEL -YES SCANLON -YES SHAFFER -YES Announcements of Meetinas A Bassett Creek Watershed Management Commission meeting will be held on August 18, 2011 at 11:30 am. A Special Council/Manager meeting will be held on August 29, 2011 at 7:30 am at the Brookview Grill. The City Offices are closed on Monday, September 5, 2011 in observance of Labor Day. The next City Council meeting is September 6, 2011 at 6:30 pm. The Human Services Foundation Golf Classic will be held on September 9, 2011 at 9 am at the Brookview Golf Course. The Golden Valley Historical Society Diamond Luncheon honoring 75-year residents will be held on September 7, 2011 at 11:30 am at the Golden Valley Country club. Mavor and Council Communications Mayor Loomis stated the improvements that were to be made at Wirth Park this year will be postponed until 2012. Adiournment The Mayor adjourned the meeting at 7:11 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant G� , ..,,,i1'i��;��",*v �,f'� ��, � �s. � �fV � � �/ P� Finance 0 '� �� V4 V 763-593-8013/763-593-8109(fax) ��.� Executive Summary For Action Golden Valley City Council Meeting October 18, 2011 Agenda Item 3. B. Approval of City Check Register Prepared By Sue Virnig, Finance Director. Summary Approval of check register for various vendor claims against the City of Golden Valley. Attachments Loose in agenda packet. Recommended Action Motion to authorize the payment of the bills as submitted. ��,, _* ` � "��` �� City Administration/Council � �� .� � 763-593-8006/763-593-8109(fax) �� Executive Summary For Action Golden Valley City Council Meeting October 18, 2011 Agenda Item 3. C. 1. Gambling License Exemption and Waiver of Notice Requirement- Hadassah Prepared By Judy Nally, Administrative Assistant Summary As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Attachments Application for Exempt Permit (2 pages) Letter from Hadassah requesting waiver of 30 day waiting period (1 page) Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for Hadassah. MiIfR@SOfB L.�?YVfU/GaR1'b/%Ifg Page 1 of 2 5/11 LG220 Application for Exempt Permit Appl(cation fee I i ma l e r e iv An exempt permit may be issued to a nonprofit organization that: less than 30 days ore than 30 days - conducts lawful gambling on five or fewer days,and before the event before the event - awards less than$50,000 in prizes during a calendar year. $100 $50 ORGANIZATION INFORMATION cnec�# �� $ Organization name Previous gambltng permit number 0..� S .A�H Minnesota tax ID number, if any Federal employer ID number, if any �5 ��°° � �3_ � i�� Type of nonprofit organization. Check one. � Fratemal � Religious � Veterans � Other nonprafit organization Mailing address Ci State Zip Code . County � S� � 11� �� Name of chief executive officer C O) Daytime phone number Emall address Attach a copy ofONE of the following for proof of nonpro�it s#�tus. Do not attach a sales tax exempt status or federal employer ID number as they are not proof of nonprofit status. �Vonprofit Articles of Incorporation OR a current Certificate of Good Standing . Don't have a copy? This certiftcate must be obtained each year from: Secretary of State,Business Services Div., 180 State Offlce Building,St.Paul,MN 55155 Phone: 651-296-2803 �IRS income tax e�temption[501(c)]letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter,have an organization officer contact the IRS at 877-829-5500. �IRS-Affiliate of national,statewide,or international parent nonprofit organization(charter) If your organization falls under a parent organization,attach copies of b�h of the following: a. IRS letter showing your parent organization is a nonprofit 501(c)organizatlon with a group ruUng,and b. the charter or letter from your parent organlzation recognizing your organizatlon as a subordinate. GAMBLING PREMTSES INFORMATION Name of premises where the gambling event wfll be conducted.For raffles,Iist the site where the drawing will take place. C�� ' a�\\ � Address (do not use PO box) City or township Zip Code County `7�c� � . ��, �. C��dp��,�v�� SN�- )� � Date(s) of activity(for raffles,indicate the d e of the drawing) f�"3� ^-� Check the box or boxes 'ndicate the type of gambling ac[Ivity your organization will conduct: Bingo* Raffles Paddlewheels* Pull-Tabs* Tipboards* * Gambling equipment for puli-tabs, bingo paper,tipboards,and paddlewheels must be obtained from a distributor licensed by the Gambiing Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor,go to www.gcb.state.mn.us and click on List of Licensed Distributors,or call 651-639-4000. LG220 Application for Exempt Permit Page 2 of 2 5/11 LOCAL UNTT OF GOVERNMENT ACKNOWLEDGMENT If the gambling premises is within city limits, If the gambling premises is located in a township, a a clty official must check the actlon that the city is county officlal must check the action that the county fs taking on this appllcation and sign the appllcation. taking on this applicatlon and sign the application. A township ofFicial is not required to sign the application. The application is acknowledged with no waiting The application is acknowledged with no waiting period. period. The application is acknowledged with a 30 day The application is acknowledged with a 30 day waiting period,and allows the Board to issue a waiting period,and allows the Board to issue a permit after 30 days(60 days for a ist class city). Permit after 30 days. The application is denied. _The application is denied. Print county name Pr+nt city name ��D!��'�1 Ucrl1�� On behalf of the county, I acknowledge this applicatlon. On b lf of the city, I acknowledge this application. Signature of county personnel receiving application Sig atu e of 'ty qerspnnel c iving application \..�/i � Title Date Title uL Date �v � �� (Optional) TOWNSHIP: On behalf of the townshtp,I acknowledge that the organization is applying for eacempted gambling activity within the township limits. [A township has no statutory authoHty to approve or deny an applfcation[Minnesota Statute 349.166)] Print township name � Signature of township offlcial acknowledging application Title Date CHIEF EXECUTIVE OFFICER'S SIGNATURE ��n��°�� a��1gri ' The information provided in this application is compleYe and accurate ro the best of my knowledge. I acknowledge that the financial report will be com leted and retumed to th eoard within 30 days of the date of our gambling activity. � I � �� , Chief executive officer's signature _ �� __ _Date ('� �{Q Complete a separate application for each gambling event: Financial report and recordkeeping • one day of gambling activity required • two or more consecutive days of gambling activity A financial report form and instructions will • each day a rafFle drawing is held be sent with your permit,or use the online fill-in form available at Send application with: www.gcb.state.mn.us. Within 30 days of the • a copy of your proof of nonprofit status, and activity date, complete and return the • application fee for each event financial report form to the Gambling Make check payable to "State of Minnesota." Control Board. Questions2 Toc Gambling Control Board Call the Licensing Section of the Gambling 1711 West County Road B, Suite 300 South Control Board at 651-639-4000. Roseville,MN 55113 This form will be made available in a{temative farmat(i.e.large print,Braille)upon requ�st. Data privacy notice: The information Your organization's name and prlvate data about your organizatlon are availabte requested on this form (and any address wifl be public informatlon to: Board members,Board staff whose work attachments) will be used by the Gambling when received by the Board. All requires access to the informatlon; Minnesota's Control eoard (Board)to determine your other information provided will be Department of Public Safety;Attomey General; organization's qualiflcafions to be involved private data about your Commissioners of Administration, Minnesota in lawful gambling activities in Minnesota. organization until the eoard Management&Budget,and Revenue; Legislative Your organization has the right to refuse to issues the permit. When the Auditor, national and international gambling suppty the information; howeve r, if your Board issues the permit, all regulatory agencies; anyone pursuant to court organization refuses to supply this information provided wfll become orcler; other individuals and agencies specifically information, the Board may not be able to public. If the Board does not authorized by state or federat law to have access determine your organizatlon's quatifications issue a permit, all information to the information; (ndividuals and agencies for and,as a consequence,may refuse to issue provided remains private,with the Which law or legal order authorizes a new use or a permi� If your organization suppli�the excepdon of your o�ganization's sharing of infortnation after this notice was given; Information requested,the Board will be name and address which wfll and anyone wfth your written consent able to process your organization's remain public. ,�� apptication. "„�;�,�� ' .�._:._L. ��! Minneapolis Chapter � ' 5955 Golden Valley Road Suite 206 Golden Valley, MN 55422 TEL 952.924.4999 �� www.Hadassah.or� � _. � � Ms. Judith Nally Administrative Assistant City of Golden Valley 7800 Golden Valley Road Golden Valley,MN 55427 Dear Judy Minneapolis Chapter of Hadassah will be having a luncheon and Raffle to support cancer research at Hadassah hospital at the Golden Valley Country Club on Sunday, October 30�, 2011. We respectfully request that the City Council Waive the customary 30 day waiting period for the exemption for lawful gambling permit required for this type of event. Sincerely, Barbara Parks. President, Minneapolis Hadassah Hadassah, The Women's Zionist Organization of America, Inc. Golden Valley Human Services Foundation (GVHSF) Meeting Minutes August 8, 2011 Present: Dan Blumb, Hilmer Erickson, Brenda Hayle, Elissa Heilicher, Connie Sandler and Toots Vodovoz. Also present: DeDe Scanlon, City Council, Lewis Garelick, resident, and Jeanne Fackler, Staff Liaison. Not Attending: Chris Monroe, Diane Nimmer. Call to Order: Chairman Sandler called the meeting to order at 6:50 p.m. July 11 minutes: Heilicher moved and Vodovoz seconded the motion to approve the minutes of July 11. The motion passed unanimously. Taste of Golden Valley: Sandler gave a history of the partnership with The Metropolitan for this event. The fee went from $500 for the room rental to $1,500. Sandler has asked The Metropolitan to reconsider the room rental fee. Members agreed the fee was too high for the event. Blumb spoke with Tom Rubenstein, general manager, Golden Valley Country Club. The room fee would be $3,000. The GVHSF decided to continue negotiations with The Metropolitan. Sandler will contact members by e-mail with The Metropolitan's response. Golf Classic-Friday, July 9�": Vodovoz and Sandler will assist with check-in. Heilicher will contact Crossroads Deli and order the cinnamon rolls and dessert. Blumb will contact Byerly's for bagels and cream cheese for the breakfast. Fackler will order Davanni's and pick-up food from Crossroads Deli and Davanni's. Erickson will witness the Hole-In-One. By-laws ReviewNote: Motion: Recommend to the City Council to accept the proposed changes to the GVHSF By-laws. Heilicher moved and Hayle seconded the motion to approve by-laws as proposed. Motion passed unanimously. Sandler will attend a city council meeting to present the by-law changes. Other Business: Community Foundation:The CF is meeting this week. The focus is on marketing the new Community Foundation and to work on the solicitation letter. GV 125th Anniversary: Vodovoz asked for volunteers to assist with the 125t" Booth at the GV Farmer's Market. Heilicher volunteered for August 28 from 8:15-10. Vodovoz will confirm the times and duties for our volunteers. Funding Application: Fackler reported that one organization has returned the application. After the deadline, members will be notified of the organizations applying for funds. It will then be determined the process for reviewing applications and/or presentations. Hayle suggested new agencies present to the GVHSF and returning agencies be placed on a rotating schedule. Members agreed. Adjournment: Sandler reminded the members the next meeting is September 12 at 6:45 p.m. The meeting was adjourned at 8:05 p.m. RespectFully submitted, Jeanne Fackler GVHSF Staff Liaison MINUTES Envision Connection Project Executive Board July 21, 2011 7 pm, Brookview Community Center, Conference Room Directors Present: Linda Loomis, Chair, Sharon Glover, Helene Johnson, Philip Lund, Marshall Tanick (7:40 pm), Blair Tremere Directors Excused: Lynn Gitelis, Dean Penk Directors Absent: Jim Heidelberg, Cindy Inselmann, Luke Weisberg Staff Sandy Werts. 1. Call to Order The meeting was called to order at 7:40 pm 2. Approval of Agenda It was moved by Tremere and seconded by Johnson to approve the agenda as presented. 3. Approval of the Minutes of June 16, 2011 It was moved by Tanick and seconded by Tremere to approve the minutes as written. 4. New Business a) CommonPlace Web Networks— Loomis talked about a website, similar to I: Neighbors, but appears easier to use. She will send the link to the group. b) Human Services Foundation —they would like to talk with the Community Foundation about helping with the Taste of Golden Valley. c) Bridge Builders — Lund would like the Bridge builders to become a bigger force in the community with a strong volunteer base that will help with Valley Day and other community initiatives. Loomis said she has an inquiry on how someone could join Bridge Builders. Glover asked how Bridge Builders relate to Envision. She would like to get on the list for meetings. Werts said that there appeared to be a number of new people at the last Bridge Builders meeting. She saw it as an opportunity to tell these people what it is about and sign them on, without them having a specific project. Penk has the list of the people who attended. A suggestion was made to use the advisory commission dinner as a way to get more bridge builders. Loomis suggested having a meeting of all the commissions to give an update on Envision and Bridge Builders. Werts said that the Bridge Builder meeting is a good time to give out some of the Bridge Builder material. Her goal is to pull the information into one folder 5. Community Foundation Update The Foundation met July 20 and will meet again on August 10. They want to define roles and responsibilities and focus on defining the giving program. Johnson said that giving is the most important function. They need to look at the organization structure of other community foundations. One of their topics is what they can do for foundation. Ideas included: • Digital sign board — a lot of thought and study must be given to this • Band shell— a fund has been started by the Federated Women's club. Lund said he has thought about how a band structure could be a "community build" If no public dollars are involved, it does not have to go out to bid. • Johnson asked about other projects that aren't capital. The Valley Volunteer Day and Farmers market are iwo that come up. Johnson has contacted the Council on Foundations to find out who gives seed money to community foundations to get them started. 6. Building Participation in Bridge Builders The Bridge Builders are planning a History Tour using the PRISM bus. September 17 is the possible date. They can take 20 to 30 people. The meeting will be before the tour 7. Bridge Building Activities • Ice Cream Social —300 + people attended the July 18 Ice Cream Social in spite of the heat. According to Blair $196 was taken in for t-shirts and buttons. $50 in donations was dropped in the donation jar and $8 for the time capsule. Tanick will invoice Lupient and Way to Go Sports for their donations. Tremere said that the balloons were popular. It is unknown how much ice cream was scooped. Loomis said that 3 - 5 gallon tubs of vanilla were used. There were three other flavors. The Golden Valley Sunflower was well received. Two people scooping each flavor are needed. It worked out well this year because they started scooping when the band started playing and were able to keep up with the demand. • Farmers Market-Tremere said that they are allowed to sell buttons and T- shirts in exchange for helping with the set up at the Farmers Market. • Lilac Plantinq -The Lilac Planting Project team is meeting on August 1. The resolution to authorize the city to enter into an agreement with the State is scheduled to go to the city council at their August 4 meeting. The Kelly Drive Pumpkin Festival has been scheduled on Oct 1 also. The Lilac Planting Project will have a booth at the Farmers Market on Valley Volunteer Day • Bridge Builders Quarterlv Meetinq —There is nothing new to report at this time. Tanick will contact Jennifer Lara. • Envision Award - possible awardees include the Garden Club, Don Anderson from the Historical Society and Leslie Hendricks and Kris Frey of the Farmers Market • Garden Club -The Garden Club weeded along Winnetka. There were approximately ten people there that spent finro hours between 6:30 and 8:30 pm and gave 20 hours of time. It would be interesting to know how many bags of weeds there were. • Neighbors Helping Neighbors— Right now they are trying to get people to use the services available. Tremere thought that testimonial videos on Channel 16 would be helpful. • Human Rights Commission — Loomis met with the Humans Rights Commission. They are talking about sponsoring a community forum to find out what the commission can do for the community and use this information to set the agendas. 8. 125 Anniversary Planning Up-coming activities were discussed. Tremere will set up for the booth on July 31 at the Farmers Market. Tanick, Tremere and Kisch are working on fundraising and have identified possible large givers. The Golden Valley Historical Society was the featured organization in the SunPost. The next meeting —July 28 —6:30 pm at Brookview—Sumac Room 9. Valley Days—no report at this time. 10.Communications 11.Recruitment of Members to Executive Board — Loomis will talk to someone who expressed in getting involved in the Community 12.Upcoming Meetings— August 18, Sept. 15 13.Adjournment—The meeting adjourned at 9:07 pm Tanick will not be at the August 18 meeting. GOLDEN VALLEY OPEN SPACE & RECREATION COMMISSION Regular Meeting Minutes July 25, 2011 1. Call to Order Sandler called the meeting to order at 7:00 PM. 2. Roll Call Present: Roger Bergman, Brad Kadue, Kelly Kuebelbeck, Bob Mattison, Anne Saffert, Jerry Sandler, Dan Steinberg, Rick Jacobson, Director of Parks and Recreation; Andy Soltvedt, Recreation Supervisor, and Sheila Van Sloun, Administrative Assistant. Absent: Emily Piper. 3. Aaenda Chanctes or Additions None made. 4. Approval of Minutes —June 27, 2011 MOTION: MOVED by Bergman and seconded by Kadue to approve the June 27 meeting minutes. Motion carried unanimously. 5. Recreation Reuort—Andv Soltvedt Soltvedt gave updates on his programs. The Adult summer softball league had 32 teams running 700 games at Schaper in a course of 5 weeks. Soltvedt said the fields held up well. He also said the fall league has 32 teams and will run for 5 weeks beginning mid-August. Tennis programs are running strong again this season with over 315 registrants. Concert in the Park ran seven concerts with no rain outs. All the concerts were well attended. At the Ice Cream Social alone, on July 18, 350 people attended. He added that the Golden Valley Women's Club donated $800 for the concerts. Soltvedt said there are four parks available for the Adopt-a-Park program. He said fall renewals and fall clean-ups are fast approaching. Soltvedt said Davis Community Center is not getting a lot of use this summer. He also said rental numbers are good, but open gyms numbers were down. Soltvedt said the fall brochure is going to print at the end of the week with registration beginning August 8. Minutes of the Golden Valley Open Space and Recreation Commission July 25, 2011 Page 2 6. Honevwell Little Leaque Area Jacobson said the project is moving along well. Proposed completion is October 20. He said this week seeding will take place, along with final grading, fences up, benches and concrete in. Sandler said he feels the commission should be a part of the Grand Opening in the spring. 7. Capital Improvement Proqram Jacobson gave an update on the Capital Improvement Program for 2011-2015. He said the city budget is the same as last year with no increases. MOTION: MOVED by Mattison and seconded by Kadue to approve proposed 2011-2015 Capital Improvement Program. Motion carried unanimously. 8. Bassett Creek Rectional Trail Jacobson said Three Rivers Park District held a meeting a month ago to discuss the trail. He said that the trail would tie into the Regional Trail System. Three Rivers also plans to meet with the Courage Center to receive their input. 9. Ad�ournment MOVED by Bergman and seconded by Steinberg to adjourn at 8:00 PM. Motion carried unanimously. Minneapolis Water Advisory Board Mee#ing No. 8 Minutes Fsbruary 90, 2017 --4:00 pm In Attendance � Linda Loomis, Mayor and Co�Chair, City of Galden Valley J�annine Clancy, Director of Public Warks, City of Golden Valley Steve Kotke, Director of Public Works, City of Minneapolis Bemie Builert, Director of Water Treatrnent& Distribution. Minneapolis Wa#er Works Chris Catlin, Superintendent of Water Plant Operations, Minneapolis Water Works Pierre Willette, Intergavemmental Relations Department, City of Minneapolis Brette Hjelle, lnteragency Coordinator, City of Minneapalis Anne Noms, City M�nager, Gity�f Crystal Tom Mathisen, City Engineer, City of Crystal Bob Cockriel, Utilities Supe�intendent, City of Bloomington Kathi Hemken, Mayor, City of New Hope Kirk MlcDonald, City Manager, City of New Hope Wayne Haule, Director of Public Works, City of Edina Jani Bennett, City Cauncil Member, City of Edina Ailen Dye, Metropolitan Airports Commission Call to�rde� Co-Chair Loomis caAed the meeting to arder at 4:10 pm. Approval of AAinutes Mayar Hemken recalled that Guy Johnson, Direc#or of Public Works for the City of Rlew Hope, also was in attendance and requested the minutes be cor�ected to include him in the list af attendees. MOVED by McDonald, seconded by Clancy, and motion car�ied unanimously to amend and approve the minutes of November 4, 2010. Legislative Updates (WiliettelBulle�t} Pierre V�/illette discussed three significant bills af interest to the Water Advisory Board (WAB}. One bill is aimed at streamlining the Minnesota Palfution Controi Agency{MPCA}� and Minnesota Department of Natural Resourr�s (DNR) permitting processes to s�ve maney and help#he process work better. The legislation sets goals where tFte MPCA and DNR permits must be issued within 150 days and if the permit is not issued within that time frame, there is a reporting process required expfaining why the permit was net issued. Elec#ronic submission will also be permitted. Some allowance will be provided for water treatrnent facilifies and other facilities where construction can begin priar to final approval,A change fram 90 to 30 days will be allawed for permit decisions ta be made after completion of an environmentaf review. Permits falling under the 'l599 rule {inciudes most cities} still have a 60-day review period. There is some controversy in the legislation where the permitter wauld be allowed to conduct the environmental impact study versus #he city or responsibfe government unit. Currentiy, Iocat government handles the review process. G:IJWCIWABIMINIFT'ESIINAB�Uleetir�g Nine Minutes.doc 1 A bill is proposed to eliminate all rule-making processes and have rules accompliShed through legislation. A Govema�'s Executive Order was fssued in 1979 identifying the natural wildlife areas along the river from Anoka ta Hastings. This area is referred to as the°critical areas corridor"and requires a higher level of envtronmental review and process far deveiapment along the rFver. This is of interest to the WAB because the Minneapolis water plant has water intakes , aiong the river and wauld favor continued legislation dictating good env�ronmental processes and procedures for land use along the river in order to keep water quality high. A var�ance bill is proposed that would make all variances legal in the state keeping cities fram ailowing or denying variances according tQ its city code. This bilf is largely dr�ven by the auto maker dealers and is currently at a standstill. Bullert discussed some praposed legislation that would basically establish uniform water utiliiy billing standards in the state and place greater restrictians on aities. The League of M+nnesata Cities drafted a summary of the proposed action for comment. Minneapolis staff witl oontinue to fallow this legislation and update the WAB if the praposal moves forward. Mayor Loomis said cfies are finding out with the new Minnesota Water Sustainability Framewrork caming out that the Metropolitan Council is loaking for data and would like to drill observation wells In order ta obtafn data for their model. Cities on the Metropolitan Area Water Supply Advisory Committee (MAWSAC)are conc�rned about the cost of getfing this data. This may be a goad fime to approach new members on the Met Council to educa#e them about haw the cities view issues. The League was considering a bill to prohibit well driiling in areas that have city-p�ovided water to �eshict residents who wan#to drill their own welis to avoid paying for city water, especially residents in rural areas. There is a legislator who favors removing ali res#rictions on well drilling. Pro]ect Updates (Bullert) Butlerf presented a memo containing a summary of 2011 capital prajects and a status report related to the �sk assessment report.The lining program is not listed; however, there is $4 miltion earmarked for lining and specs are being prepared far cement and structural lining of the system. Minneapolis cantinues to work on identifying saurces of unaccounted for water. Meters w9U �e c�ecked more thoroughly this month. They are aiso conducting an internal study of the meter shop and its program, checking for leak de#ectian in the rock areas by the river, internal audit work of the billing process, and some reservoir testing with Golden Valley. The percentage last is abaut 1�and the goal is to get back under 10, which is within the DNR guidelines. The sludge press will start up in mid-June. Minneapolis anticipates a drop in costs fo� hauling sludge cakes. G:WWCIWA�UVIINUFESlWAB Meeang Nlne Ftl"mutes.doc 2 Operational Changes at Plant(Catlin� Spring runoff is coming up and taste and odor will become an issue. In anticipation of taste and odor issues, mod'rffications and testing procedures at the treatment plant have been ongoing with adding different chemicat eombinations ta the system. Minneapolis is implementing staffing changes where pumping and treatment positions have been cambined creating two new positions (senior water technician and uvater techn+cian) with crass-training occurring. The senlar water technician will be responsible far the river to reservair process. The changes reduce the pumping and treatment staff from five to three. The Columbia Heights facility will keep the 1:1 ratio. Preparation for Possible Spring Flooding{Bulle�t) Minneapalis is gathering past procedures and practices in preparation for possibie spring floading. The fire department is conducting weekly meetings to prepare the erttire City. Water Works is working with the fire department in conducting scenarios ta help curtail flood damage. Pump Stafion#5 is the intake and the lowest locatlon on campus. Many of the facilities are below the �iver elevation. The river is already at high levels for the winter and the ground is saturated. Forecasters are doing thelr best to avaid a f(oad disaster that wauld affect the operation of the water plant. Other agencies are running models to forecast the probability af spring flooding (such as Minnehaha Creek Watershed Dis#rict and Nine Mile Creek Watershed Dlstrict). The Bassett Creek Wate►shed PVlanagement Commission has no#made a decisian to go forward w�h madeling yet. Ma#hisen handed out a report on water sustainability and highlighted recommendations related to climate change. He emphasized it is pruden#for the WAB to continue Iooking at backup water supplies. Loomis added the modeling has shown that the groundvuater and st�r#ace waters are more connected than believed. (f the river is law, the groundwrater might be under s#ress at fhe same time. She said it may be beneficial to Iook at aquifer starage as a backup supply so that at peak flows, treated water can be stored underground. Next Meeting (Hjelle) The next meeting is scheduled for Thursday,August 25, 2011. The meeting wili take place af the Fridley Fiftration Plant and HJelle wfll aITange for the WAB to tour the facility prior to the meeting. The agenda will include review of the pro forma and update on the studies. Adjour�nm�nt The meeting adjoumed at 5:15 pm. RespectFully submitted: P t Schutrop Administtative Assistant, City of Golden Vailey G:WVCIWABIMINUTESIINAB Meeting Nina Minutes,doc 3 �� ; .:� ;'" �m �'r °`�� -� '` �� " ��''� Planni ng � �� , � 763-593-8095/763-593-8109 (fax) �,,. Executive Summary For Action Golden Valley City Council Meeting October 18, 2011 Agenda Item 3. E. Support for Bassett Creek Regional Trail Prepared By Joe Hogeboom, City Planner Summary The Three Rivers Park District recently completed its master plan for the proposed Bassett Creek Regional Trail (found in its entirety at http://www.threeriversparks.orq/about/planninA- and-construction/planninqprojects/current-initiatives/bassett-creek-rt.aspx), which is proposed to be partially located in the City of Golden Valley. In order for the Bassett Creek Regional Trail to be included in the Metropolitan Council Regional Systems Plan, and thereby qualify for future funding opportunities, the Master Plan must include a Resolution of Support from Golden Valley. The Three Rivers Park District has indicated that it plans for additional public participation as the planning process progresses. Attachments Resolution of Support for the Bassett Creek Regional Trail Master Plan (1 page) Recommended Action Motion to adopt Resolution of Support for the Bassett Creek Regional Trail Master Plan. Resolution 11-56 October 18, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION OF SUPPORT FOR THE BASSETT CREEK REGIONAL TRAIL MASTER PLAN WHEREAS, the City of Golden Valley recognizes Bassett Creek Regional Trail as an important component of the regional parks system that serves residents of the City and the region; and WHEREAS, the City of Golden Valley recognizes that Three Rivers Park District is gathering public input in the development of the master plan for Bassett Creek Regional Trail; and WHEREAS, the City of Golden Valley recognizes that Three Rivers Park District has drafted the Bassett Creek Regional Trail Master Plan; and WHEREAS, the City of Golden Valley supports the management and development of Bassett Creek Regional Trail pursuant to the Three Rivers Park District Master Plan; and NOW, THEREFORE, BE IT RESOLVED, that the City of Golden Valley supports the Bassett Creek Regional Trail Master Plan and hereby recommends that Three Rivers Park District manage and develop the Regional Trail within the conditions and guidelines delineated by the District's Board of Commissioners in the Master Plan. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. \ �� ".� r.� � , v , y�. _ ` ` ��` �/ Finance � '� �� b4 � 763-593-8013/763-593-8109(f�) Executive Summary For Action Golden Valley City Council Meeting October 18, 2011 Agenda Item 3. F. Receipt of September 2011 Financial Reports Prepared By Sue Virnig, Finance Director Summary The monthly financial report provides a progress report on the following funds: General Fund Operations Consenration/Recycling Fund (Enterprise Fund) Water and Sewer Utility Fund (Enterprise Fund) Brookview Golf Course (Enterprise Fund) Motor Vehicle Licensing Fund (Enterprise Fund) Storm Utility Fund (Enterprise Fund) The revenues and expenditures show current month actual and year-to-date actual compared . to the 2011 approved budget. General Fund Operations: The 2011 unallotment from the State is estimated at $369,240. The receipt of Market Value Homestead Credit (MVHC) will not take place in October and December. As of September 2011, the City is using $1,467,458 of fund balance to balance the General Fund budget. Attachments September 2011 General Fund Financial Report - unaudited (2 pages) September 2011 Conservation/Recycling Fund Financial Report (Enterprise Fund) - unaudited (1 page) September 2011 Water and Sewer Utility Fund Financial Report (Enterprise Fund) - unaudited (1 page) September 2011 Brookview Golf Course Financial Report (Enterprise Fund) - unaudited (1 page) September 2011 Motor Vehicle Licensing Fund Financial Report (Enterprise Fund) - unaudited (1 page) September 2011 Storm Utility Fund Financial Report (Enterprise Fund) - unaudited (1 page) Recommended Action Motion to receive and file the September 2011 Financial Reports. City of Golden Valley Monthly Budget Report-General Fund Expenditures September, 2011 (unaudited) Over % 2011 September YTD (Under) Of Budget Division Budget Actual Actual Budget Expend. Council $287,970 26,625 196,116 ($91,854) 68.10% City Manager 747,095 53,535 518,504 (228,591) 69.40% Admin. Services 1,524,180 97,050 1,104,700 (419,480) 72.48% Legal 120,000 17,112 106,916 (13,084) 89.10% (1) General Gov't. Bldgs. 570,680 40,782 335,945 (234,735) 58.87% Planning 322,315 19,348 226,832 (95,483) 70.38% Police 4,695,320 338,625 3,162,130 (1,533,190) 67.35% Fire and Inspections 1,516,730 123,946 1,079,578 (437,152) 71.18% Public Works Admin. 319,830 23,760 226,987 (92,843) 70.97% Engineering 613,515 39,440 391,526 (221,989) 63.82% Streets 1,333,375 142,375 971,651 (361,724) 72.87% Community Center 71,400 3,147 31,567 (39,833) 44.21% Park& Rec.Admin. 672,460 44,864 456,068 (216,392) 67.82% Park Maintenance 996,485 77,441 743,963 (252,522) 74.66% Recreation Programs 409,170 36,272 310,331 (98,839) 75.84% Risk Management 280,000 0 224,795 (55,205) 80.28% (3) Transfers Out 439,970 0 439,970 0 100.00% (2) TOTAL Expenditures $14,920,495 $1,084,322 $10,527,579 ($4,392,916) 70.56% (1) Legal is paid through August, 2011. (2)Transfers out were made in June. (3)This includes three quarterly payments. LMC dividend in paid in December. City of Golden Valley Monthly Budget Report-General Fund Revenues September, 2011 (unaudited) Percentage Of Year Completed 75.00% Over % 2011 September YTD (Under) of Budget Type Budget Actual Actual Budget Received Ad Valorem Taxes $11,702,050 9,111 $6,052,152 ($5,649,898) 51.72% (1) Licenses 166,865 (3,317) 200,526 $33,661 120.17% (7) Permits 576,400 72,843 697,371 $120,971 120.99% Federal Grants 0 0 12,797 $12,797 (6) State Aid 10,500 4,520 91,602 $81,102 872.40% (4) Hennepin County Aid 0 0 2,850 $2,850 Charges For Services: General Government 37,725 653 31,193 ($6,532) 82.69% Public Safety 190,115 10,145 171,698 ($18,417) 90.31% Public Works 124,000 12,360 92,978 ($31,022) 74.98% Park& Rec 392,200 25,338 359,868 ($32,332) 91.76% Other Funds 981,500 921 758,584 ($222,916) 77.29% (5) Fines&Forfeitures 250,000 20,249 201,018 ($48,982) 80.41% (2) Interest On Investments 100,000 0 1,012 ($98,988) 1.01% (3) Miscellaneous Revenue 214,140 4,167 211,472 ($2,668) 98.75% Transfers In 175,000 0 175,000 $0 100.00% TOTAL Revenue $14,920,495 $156,990 $9,060,121 ($5,860,374) 60.72% Notes: (1) The first half taxes was received in July. This includes the Animal Humane Society payment. (2) Fines and Forfeitures are through July. (3) Investments will be booked at year end. (4) State Training will be received in August. This includes a HEAT training for Police(overtime)and Energy Grant($33,677)for electrical improvements (Killmer Contract paid from 1425.6382-$35,504) (5) HRA Transfer was received in July. (6) Reimbursement of�olent Offenders Task Force (7) Osaka Liquor Licenses refunded for 3 quarters. ($6000). City of Golden Valley Monthly Budget Report-Conservation/Recycling Enterprise Fund September,2011(unaudited) Over 2011 Sept YTD (Under) % Budget Actual Actual Budget Current Revenue Hennepin County Recycling Grant 51,425 0 56,026 4,601 108.95% Recycling Charges 275,975 20,990 173,726 (102,249) 62.95% (3) Interest on Investments 10,000 0 0 {10,000) 0.00% (1) Total Revenue 337,400 20,990 229,752 (107,648) 68.09% Expenses: Recycling 418,360 11,257 210,983 (207,377) 50.43% (2) Tota)Expenses 418,360 11,257 210,983 (207,377) 50.43% (1) Interest Earnings are allocated at year-end. (2) This is through August,2011 curbside services. City of Golden Valley Monthly Budget Report-Water and Sewer Utility Enterprise Fund September,2011(unaudited) Over 2011 September YTD (Under) % Budget Actual Actual Budget Current Revenue Water Charges 4,304,300 475,064 2,843,849 (1,460,451) 66.07% Sewer Charges 3,210,000 248,174 2,171,351 (1,038,649) 67.64% Meter Sales 5,000 1,290 5,729 729 114.58% MCES Grant Program 0 110,789 110,789 110,789 Penalties 100,000 18,453 124,785 24,785 124.79% Charges for Other Services 190,000 16,262 266,849 76,849 140.45% State Water Testing Fee Pass Through 43,000 3,388 30,452 (12,548) 70.82% Certi�cate of Compliance 45,000 7,000 66,500 21,500 147.78% Interest Earnings 85,000 0 0 (85,000} 0.00% Total Revenue 7,982,300 880,420 5,620,304 (2,361,996) 70.41% Expenses: Utility Administration 2,769,610 1,048,249 2,342,111 (427,499) 84.56% Sewer Maintenance 2,248,140 200,313 1,731,814 (516,326) 77.03% Water Maintenance 3,873,915 391,440 2,768,791 (1,105,124) 71.47% Total Expenses 8,891,665 1,640,002 6,842,716 (2,048,949) 76.96% City of Golden Vailey Monthly Budget Report-Brookview Golf Course Enterprise Fund September,2011(unaudited) Over 2011 September YTD (Under) % Budget Actual Actual Budget Current Revenue Fees 981,155 109,665 734,375 (246,780) 74.85% Driving Range Fees 112,600 9,333 93,923 (18,677) 83.41% Par 3 Fees 194,240 15,039 148,925 (45,315) 76.67% Pro Shop Sales 80,000 9,951 69,995 (10,005) 87.49% Pro Shop Rentals 243,050 32,495 198,480 (44,570) 81.66% Concession Sales 216,000 30,305 193,585 (22,415) 89.62% Other Revenue 109,325 215 58,837 (50,488) 53.82% Interest Earnings 15,000 0 0 (15,000) 0.00% (1) Less:Credit Card Charges/Sales Tax (150,000) (6,403) (19,573) 130,427 13.05% Total Revenue 1,801,370 200,600 1,478,547 (322,823) 82.08% Expenses: Golf Operations 666,450 33,440 531,422 (135,028) 79.74% (2) Course Maintenance 742,820 56,415 500,589 (242,231) 67.39% Pro Shop 109,560 7,021 94,195 (15,365) 85.98% Grill 185,185 21,747 145,724 (39,461) 78.69% Driving Range 45,615 5,811 39,710 (5,905) 87.05% Par 3 Course 30,525 3,479 23,166 (7,359) 75.89% Total Expenses 1,780,155 127,913 1,334,806 (445,349) 74.98% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end. Net Assets at 12-31-10 were$1,007,118. City of Golden Valley Monthly Budget Report-Motor Vehicle Licensing Enterprise Fund September,2011(unaudited) Over 2011 September YTD (Under) % Budget Actual Actual Budget Current Revenue Interest Earnings 9,000 0 0 (9,000) 0.00% (1) Charges for Services 531,000 0 137,462 (393,538) 25.89% Total Revenue 540,000 0 137,462 (402,538) 25.46% Expenses: Motor Vehicle Licensing 529,135 641 360,281 (168,854) 68.09% (2) Total Expenses 529,135 641 360,281 (168,854) 68.09% (1) Interest Earnings are allocated at year-end. (2)Transfer was made in 1une,2011. *Net Assets at 12/31/2010 were$976,515. City of Golden Valley Monthly Budget Report-Storm Utility Enterprise Fund September,2011(unaudited) Over 2011 September YTD (Under) % Budget Actual Actual Budget Current Revenue Interest Earnings 50,000 0 0 (50,000) 0.00% (1) Storm Sewer Charges 2,212,150 180,986 1,643,052 (569,098) 74.27% State Reimbursement(MPCA) 0 0 56,686 56,686 Bassett Creek Watershed 715,000 0 0 � (715,000) 0.00% Total Revenue 2,977,150 180,986 1,699,738 (1,277,412) 57.09% Expenses: Storm Utility 2,018,810 287,791 1,154,388 (864,422) 57.18% (2) Street Cleaning 117,460 97 63,281 (54,179) 53.87% Environmental Control 276,985 12,040 68,882 (208,103) 24.87% Debt Service Payments 437,300 0 435,899 (1,401) 99.68% Total Expenses 2,850,555 299,928 1,722,450 (864,422) 60.43% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end and 2010 PMP is not complete. � �'TM ,� �\ °�..1 4� � �/ P Finance O `'� � N� V 763-593-8013/763-593-8109 fax � ) Executive Summary For Action Golden Valley City Council Meeting October 18, 2011 Agenda Item 3. G. Call for Administrative Hearing - Failure to Apply for Rental License - 510 Jersey Avenue North - 11/1/11 Prepared By Mark Kuhnly, Chief of Fire and Inspection Services Susan Virnig, Finance Director/City Clerk Summary At its meeting of October 18, 2011 the City Council should call for an administrative hearing for failure to apply and obtain a rental license. Jason Wiebesick at 512 Jersey Avenue North is appealing his citation for not having a rental license at 510 Jersey Avenue North. He is the owner of the duplex at 510/512 Jersey Avenue North. A letter has been sent to the properly owner regarding the administrative hearing. Attachments Letter to Jason Wiebesick dated October 13, 2011 (1 page) Section 4.60: Subdivision 9. Licensing of Rental Dwellings (5 pages) Recommended Action Motion to call for and Administrative Hearing on appeal of Administrative Citation for failure to apply and obtain a rental license for 510 Jersey Avenue North for November 1, 2011 at 5:30 pm. city of � : O�c��n � vl 7800 Golders Valley Road GoAden Va91ey,I��55427 October 13, 2011 Mr. Jason Wiebesick 512 Jersey Avenue North Golden Valley, MN 55427 Dear Mr. Wiebesick: As outlined in City Code Section 4.60, Subdivision 12, Right to Appeal the Administrative Citation, you have requested a hearing before the City Council regarding an administrative citation for failure to license rental property at 510 Jersey Avenue North. The administrative hearing date has been scheduled for Tuesday, November 1, 2011 at 5:30 pm. The meeting will be held in the Council Chambers at City Hall, 7800 Golden Valley Road. You are invited to attend and present your witnesses and evidence to the Council at this time. For your information I have enclosed a copy of City Code Section 4.60 for your reference. Sincerely, U Sue Virnig City Clerk Enclosure Duplicate letter sent to P O Box 27618 763-593-�000 ��x 763-593-�109 r��763-593-396� enrwwogo�t�enva�9ey�nr�.��v § 4.60 1. All common areas shall be adequately lit at all times. Adequate lighting may include a combination of natural and electric light provided at an intensity of not less than one foot candle at floor level to all parts thereof. 2. Every habitable room shall be provided with at least one operable floor or wall-type electric convenience outlet for each sixty (60) square feet or fraction thereof of total floor area, and in no case less than two such electric outlets. Any electric outlet within five (5) feet of a water source or outlet shall include an operable ground fault circuit interrupter. Every water closet compartment shall be provided with at least one operable wall-type outlet with a ground fault circuit interrupter. E. Elevators. In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all times when the building is occupied. This provision shall not preclude the occasional service or testing of the elevators, except that no building with elevator service shall be without such service for a period exceeding eight (8) hours. F. Smoke Detectors. All smoke detectors shall be located and maintained in operable condition in accordance with Section 10.22 of the City Code. Source: Ordinance No. 319, 2nd Series Effective Date: 2-11-OS Subdivision 9. Licensing of Rental Dwellings A. No person shall operate, let or cause to be let, a rental dwelling without first having obtained a license to do so from the City as herein provided. Upon receipt of a properly executed application for licensing, or at any other time, the City Manager or his/her designee may cause an inspection to be made of the premises to determine whether the property is in compliance with the City Code, the standards contained in this Section and the laws of the State of Minnesota. Each such operating license shall be issued annually and shall expire on the last day of February of the following year. License renewals shall be filed at least thirty (30)�days prior to license expiration date. Every rental dwelling may be re-inspeCted after a renewal application is filed to determine if the premises still conforms to all applicable ordinances and codes. Source: Ordinance No. 386, 2nd Series Effective Date: 12-14-07 B. No operating license shall be issued or renewed unless the rental property covered by this Section conforms to the provisions of this Section, the City Code and the laws and regulations of the State of Minnesota. Source: Ordinance No. 339, 2nd Series Effective Date: 12-16-OS Go/den Valley Ciiy Code Page 10 of 18 § 4.60 C. The annual license fee shall be as provided by ordinance of the City. The City shall establish licensing fees which will include a specific amount for each dwelling building or address and an additional amount for each rental unit contained therein. In addition to the annual license fees, the City may charge for additional re-inspections necessary to determine whether violations have been corrected or to restore a license for a rental dwelling which has had its license revoked or suspended. In addition, the City may require a fee for transfer of a license under the provisions of this Section. Source: Ordinance No. 386, 2nd Series Effective Date: 12-i4-07 D. License application or renewal shall be made by the owner of the rental property or a legally constituted agent or operator. Application forms may be acquired from the Inspections Department and subsequently filed with the Inspections Department. The applicant shall supply the following: Source: Ordinance No. 349, 2nd Series Effective Date: 9-IS-06 1. Name, address, and telephone number of the dwelling owner; partners of a partnership; corporate officers of a corporation. The City must be notified in writing within five (5) days of any change of information provided. Source: Ordinance No. 386, 2nd Series Effective Date: 12-i4-07 2. Name, address, and telephone number of designated agent or operator. The City must be notified in writing within five (5) days of any change of information provided. 3. Name, address, and telephone number of vendee if dwelling is being purchased through a contract for deed or mortgage (name of lender or financial institution holding mortgage). 4. Legal description and address of dwelling. 5. Number of units in each rental dwelling and the type of units (one (1) bedroom, two (2) bedroom, etc.) within each of such dwellings. Source: Ordinance No. 386, 2nd Series Effective Date: 12-14-07 6. The number of paved ofF-street parking spaces available (e.g. enclosed parking spaces, exterior parking spaces, and handicap parking spaces). 7. Description of procedure through which tenant inquiries and complaints are to be processed. Source: Ordinance No. 339, 2nd Series Effective Date: IZ-16-OS Golden Valley City Code Page IY of 18 § 4.60 E. No operating license shall be issued or renewed for a nonresident owner of rental dwelling unit(s) unless such owner designates in writing to the City Manager or his/her designee the name of his/her resident agent or operator who is responsible for maintenance and upkeep and who is legaily constituted and empowered to institute emergency repairs of the rental dwelling property. The City Manager or his/her designee shall be notified in writing of any change of resident agent. F. The City Manager or his/her designee shall set up a schedule of periodic inspections to ensure citywide compliance with this Chapter. The City Manager or his/her designee shall provide reasonable notice to the owner or operator of the date and time of the inspection. Every occupant of a rental dwelling unit shall give the owner or operator thereof, or his/her agent or employee, access to any part of such dwelling unit, or its premises, at reasonable times for the purpose of effecting inspection, maintenance, repairs, or alterations as are necessary to comply with the provisions of this Ordinance. If any owner, operator, occupant, or other person in charge of a rental dwelling fails or refuses to permit free access and entry to the structure or premises under his/her control for an inspection pursuant to this Ordinance, the City Manager or his/her designee may seek a court order authorizing such inspection and the City may charge the owner or property with the costs thereof. *G. No operating license shall be transferable to another person or to another rental dwelling without written approval of the City Manager or his/her designee. A license issued hereunder is transferable providing that the new owner, partners, or corporate officers submit to the City Manager or his/her designee within five (5) business days after legally acquiring ownership of the licensed rental dwelling(s), a License Transfer Form (supplied by the City), along with the required transfer fee. Failure to submit the license transfer form and the transfer fee shall result in the termination of the rental license. Source: Ordinance No. 386, 2nd Series Effective Date: IZ-14-07 H. License Suspension or Revocation. 1. Notification. Prior to suspension or revocation, the licensee (or his/her designated agent) and all occupants of units potentially subject to suspension or revocation, shall be notified in writing thereof by personal service or first class mail at least twenty (20) days prior to a hearing on the matter. 2. Hearing. A hearing shall be held before the Council or a hearing examiner appointed by the Council. The hearing shall be conducted to meet the licensee and occupant's due process rights, including: Go/den Valley City Code Page 12 of I S § 4.60 a. Allowing interested parties the right of legal representation, the right to present evidence, witnesses, and to cross-examine all adverse witnesses, and b. Making a complete record of all proceedings, including findings of fact and conclusions of law. Source: Ordinance No. 339, 2nd Series Effective Date: 12-16-05 3. Suspension or Revocation. Every operating license issued under the provisions of this ordinance is subject to suspension or revocation for the entire rental dwelling or for individual rental dwelling units, by the City Council, should the licensee fail to operate or maintain the licensed rental dwelling(s) and dwelling units therein consistent with the provisions of this Chapter, the City Code, and the laws and regulations of the State of Minnesota. Source: Ordinance No. 386, 2nd Series Effective Date: 12-14-07 An operating license may also be suspended or revoked for any of the following reasons: a. The license was procured by misrepresentation of material facts, by fraud, by deceit, or by bad faith. b. The applicant or one acting in his/her behalf made oral or written misstatements or misrepresentations or material facts in or accompanying the application. c. The licensee or applicant has failed to comply with any condition set forth in any other permits granted by the City of Golden Valley. d. The activities of the licensee in the licensed activity create or have created a serious danger to the public health, safety, or welfare. e. The licensed business, or the way in which said business is operated, maintains or permits conditions that injure, annoy, or endanger the safety, health, morals, comfort, or repose of any member of the public. Source: Ordinance No. 339, 2nd Series Effecrive Date: 12-16-OS I. Whenever any dwelling unit has been denied a license, has had its operating license suspended or revoked or is unfit for human habitation, it shall be posted with a placard by the City Manager or his/her designee to prevent Golden Valley City Code Page 13 of 18 § 4.60 further occupancy. No person, other than the City Manager or his/her designee, shall remove or tamper with any placard used for posting. The City Manager or his/her designee will post on the placard the date that the vacancy shall become effective. On or after the placard vacancy date, no person shall reside in, occupy, or cause to be occupied any dwelling unit which has been posted to prevent occupancy. ]. If it is determined that a rental dwelling unit is being operated without a valid license, an immediate inspection shall be conducted. It shall be unlawful for an owner, designated agent or operator, after notice sent first class mail, to continue operation of a rental dwelling unit without submitting an application for a license under this Chapter, along with the necessary license fee. Once an application has been made, it shall be unlawful for the owner, or his/her duly authorized agent, to permit any new occupancies of vacant, or thereafter vacated rental units until such time as the license is issued. K. If the rental dwelling is in compliance with all applicable ordinances of the City and the laws and regulations of the State of Minnesota, a license shall be issued to the present owner or his/her designated agent. If the City finds that the circumstances of the occupancy following the issuance of the license involve possible Code violations, substandard maintenance, or abnormal wear and tear, the City may re-inspect the premises during the licensing period. Source: Ordinance No. 386, 2nd Series Effec6ve Date: 92-1407 *Re%ttering Sources: Ordinance No.339, 2"d Series Effective Date: 9-15-06 Subdivision 10. Enforcement A. The City Manager or his/her designee shall enforce all provisions of the RPMC for all residential properties. Source: Ordinance No. 349, 2nd Series Effective Date: 9-15-06 B. Whenever a property, structure, or dwelling unit is out of compliance with one of more of the provisions of the RPMC, the City Manager or his/her designee shall issue a compliance order setting forth the violations and ordering the owner, occupant, operator, or agent to address such violations by either correcting them or proving them to be nonexistent to the satisfaction of the City Manager or his/her designee. This compliance order shall: Source: Ordinance No. 386, 2nd Series Effective Date: 12-14-07 Golden Valley City Code Page 14 of 18 �r--�� \��_.., \' f �, _ � � i � S 1` � �� ; � Public Works � �; :� � e �... 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting October 18, 2011 Agenda Item 3. H. Call for Public Hearing - Douglas Drive (CSAH 102) Municipal Consent for Final Layout, Project No. 10-4 Prepared By Jeannine Clancy, Director of Public Works Ron Nims, Public Works Project Coordinator Summary At the January 5, 2010 City Council meeting, the Council formally authorized the Mayor to request that the Douglas Drive (CSAH 102) Project: TH 55 to Medicine Lake Road (CSAH 70) be placed in the Hennepin County Capital Improvement Plan for right-of-way acquisition in 2015 and construction in 2016. The estimated concept level cost of the project is approximately $20 million, and the City's portion will be about one-half of the project costs. A new cost estimate will be prepared at the completion of the preliminary design phase. Background Since January 2010, the following activities have occurred: 1. The City received notice from Transit for Livable Communities (TLC) of an award in the amount $1,050,000. The City is utilizing these funds for the preparation of preliminary design and early right-of-way acquisition. 2. In November 2010, the City Council authorized a contract with WSB &Associates, Inc. to prepare the preliminary design and develop the necessary environmental documents. In order to complete the environmental documents, a Cultural Resources/Architectural History Investigation will be performed by Summit Envirosolutions, MnDOT's authorized vendor. The cost to perform the investigation is up to $31,137.57 for both Phase I and II portions of the investigation. The City's share will be approximately 20% of the actual total cost or$6,228. The final cost will depend on results of the Phase I portion with the remainder paid by MnDOT. 3. In early 2011, Xcel Energy began collection of the franchise fee ordered by the City Council which will assist in paying for the City's portion of the project. 4. At the Council/Manager meeting on July 12, 2011, the design consultant presented the project layout to the Council for a preliminary review. Based upon the City Council consensus, the design was forwarded on to the TLC and Hennepin County, both of whom have approved the project in concept. 5. On September 22, 2011, City staff met with property owners whose property will be impacted by the project to the extent that the property needs to be taken in total. 6. In late September 2011, the City purchased one home that was available and had been identified as a total take. 7. On October 5, 2011, an open house was held to review the project with the corridor property owners. 8. At the October 11, 2011 Council/Manager meeting, staff updated the Council on the status of the Douglas Drive project prior to officially presenting the preferred layout to the Council at its November 15, 2011 regular meeting for authorization of Municipal Consent. Next Steps 1. On November 15, 2011, the Council will conduct a public hearing to receive comments on the proposed Douglas Drive Layout and consider providing Municipal Consent for the proposed layout. 2. Once Municipal Consent is attained, staff will submit all necessary documents, including environmental documents, to MnDOT and the Federal Highway Administration for their approval and release of the remaining funding available from the TLC grant. That funding is expected to be utilized to acquire necessary right-of- way along the corridor that is critical for the advancement of the project. The remainder of the acquisitions will be made as funding is available through the Xcel franchise agreement funds and other sources. 3. Xcel is in the process of preparing a preliminary design for the relocation of overhead utilities underground. 4. The City will be entering into an agreement with Hennepin County regarding right-of- way acquisition and other project management issues. Attachments Resolution Establishing a Public Hearing on November 15, 2011 to Consider Providing Municipal Consent for Proposed Project 10-4, Douglas Drive Layout (1 page) Recommended Action Motion to adopt Resolution Establishing a Public Hearing on November 15, 2011 to Consider Providing Municipal Consent for Proposed Project 10-4, Douglas Drive Layout. Resolution 11-57 October 18, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING A PUBLIC HEARING ON NOVEMBER 15, 2011 TO CONSIDER PROVIDING MUNICIPAL CONSENT FOR PROPOSED PROJECT 10-4, DOULGAS DRIVE LAYOUT WHEREAS, it is proposed to reconstruct Douglas Drive (CSAH 102) from TH 55 to Medicine Lake Road (CSAH 70); and WHEREAS, the final Douglas Drive layout has been presented for review and approval; and WHEREAS, the City desires to consider providing its Municipal Consent for the Douglas Drive Project Layout. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Golden Valley hereby schedules a public hearing on November 15, 2011, at 7 pm to consider providing its Municipal Consent for the Douglas Drive Layout. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. ��.J '�` _ �` � �� '� �.�- y 0\ �\ � Public Works ___ � e _ 763-593-8030/763-593-3988(fau) Executive Summary For Action Golden Valley Council Meeting October 18, 2011 Agenda Item 3. I. Snow Plowing and Ice Control Policy for City Streets, Alleys, Parking Lots, Trails and Sidewalks Prepared By Jeannine Clancy, Director of Public Works Bert Tracy, Public Works Maintenance Manager Charles Perkins, Street Maintenance Supervisor Summary In January 2009, the City adopted its Snow and Ice Control Policy for streets and a separate policy for trails and sidewalks. This proposed revision to these documents includes the following: 1. Combines the two documents; 2. Reflects the City's current practices and procedures; and 3. Addresses the issue of mailboxes when damaged. The proposed amended Snow Plowing and Ice Control Policy for City Streets, Alleys, Parking Lots, Trails and Sidewalks was reviewed at the October 11, 2011 Council/Manager meeting. No comments were received and staff recommends approval. Attachments Resolution Amending Snow Plowing and Ice Control Policy for City Streets, Alleys, Parking Lots, Trails and Sidewalks (6 pages) Proposed Snow Plowing and Ice Control Policy for City Streets, Alleys, Parking Lots, Trails and Sidewalks, edited version (5 pages} Recommended Action Motion to adopt Resolution Amending Snow Plowing and Ice Control Policy for City Streets, Alleys, Parking Lots, Trails and Sidewalks. Resolution 11-58 October 18, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION AMENDING SNOW PLOWING AND ICE CONTROL POLICY FOR CITY STREETS, ALLEYS, PARKING LOTS, TRAILS AND SIDEWALKS WHEREAS, the City of Golden Valley finds that it is in the best interest of the residents of the City to assume basic responsibility for control of snow and ice on City streets, alleys, parking lots, trails and sidewalks; and WHEREAS, reasonable ice and snow control is necessary for routine travel and emergency services; and WHEREAS. the City will provide such snow and ice control in a safe and cost- effective manner, keeping in mind safety, budget, personnel, and environmental concerns. NOW, THEREFORE, BE IT RESOLVED that the City Council adopts the amended Snow Plowing and Ice Control Policy for City Streets, Alleys, Parking Lots, Trails and Sidewalks dated October 18, 2011, attached as Exhibit A. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. � Resolution 11-58 - Continued October 18, 2011 EXHIBIT A Snow Plowing and Ice Control Policy for City Streets, Alleys, Parking Lots, Trails and Sidewalks January 20, 2009 Amended October 18, 2011 1. Introduction The City of Golden Valley, Minnesota, finds that it is in the best interest of the residents of the City to assume basic responsibility for control of snow and ice on City streets. Reasonable ice and snow control is necessary for routine travel and emergency services. The City will attempt to provide snow and ice control in a safe and cost- effective manner, keeping in mind safety, budget, personnel, and environmental concerns. The City will use City employees and City-owned equipment, and private equipment when necessary. This policy does not relieve the operator of private vehicles, pedestrians, property owners, residents and all others that may be using public streets, alleys, parking lots, sidewalks and trails, of their responsibility to act in a reasonable, prudent and cautious manner, given the prevailing conditions. 2. Initiation of Snow and Ice Control Operations The Public Works Maintenance Manager, or his designee, will decide when to begin snow or ice control operations. The criteria for that decision are: a. New accumulation of finro (2) inches or more; b. Drifting of snow that causes problems for travel; c. Icy conditions which seriously affect travel; and d. Time of snowfall in relationship to heavy use of streets. Snow and ice control operations are expensive and involve dedication of a significant amount of personnel and equipment. Consequently, snow plowing operations will not generally be conducted for snowfall of less than finro (2) inches. However, an accumulation of consecutive snowfall events of less than finro (2) inches may constitute initiation of snow plowing operations. 3. Plowing Method Snow will be plowed in a manner so as to minimize traffic obstructions. The center of the roadway will be plowed first. The snow shall then be pushed from left to right. When a plow goes on a bridge, the driver shall slow down so snow does not go over the bridge, if possible. In times of extreme snowfall, streets may not be immediately cleared of snow. Plowing procedures will be adapted to address field conditions. Resolution 11-58 - Continued October 18, 2011 4. Maintenance Priorities and Schedule of Streets, Alleys, Municipal Parking Lots, Sidewalks and Trails a. Streets, Alleys and Municipal Parking Lots The City has classified city streets based on the street function, traffic volume and importance to the welfare of the community. Those streets classified as minor arterials and collectors will be plowed first. These are high volume routes, which connect major sections of the City and provide access for emergency, fire, police and medical services. The second priority streets are those streets providing access to schools and commercial businesses. The third priority streets are low volume residential streets. The fourth priority areas are alleys and City parking lots, except for those parking lots needed for Public Safety and Public Works functions. Each year the Public Works Department prepares a map of the City showing the City's streets system. The City is divided into routes, in which ice control and snow removal will be performed. The routes are periodically revised to correspond to budgetary, equipment and personnel resources. Within each route, the major streets are designated as well as areas of steep grades (hazardous areas) that require extra care. Equipment is assigned for the control of snow and ice. The start of snow and ice control operations for any storm is dependent upon immediate and forecasted weather conditions. The most critical time periods are weekday mornings and evening rush hours. Collector and arterial streets under the City's jurisdictional authority are the first priority. When feasible, the City will attempt to remove snow and ice from the City's collector and arterial streets prior to the rush hour periods. Once the collector and arterial streets are plowed and opened, the remaining streets and cul-de-sacs in the residential, commercial and industrial areas will be plowed and de-iced. The goal is to complete this work within 8 hours of the end of the snow event. During significant and severe storms, the City must be prepared to move personnel and equipment to maintain priority routes first. In fulfilling the need to have all collector and arterial streets safe and passable, when resources are limited, plowing of all other streets may be suspended at any time so resources can be shifted to the priority routes. Unforeseeable circumstances may cause delays in completing assigned plow routes. Such circumstances may include weather conditions that endanger the safety of snowplow operators and/or safe and effective operation of equipment, commuter traffic, disabled vehicles, poor visibility conditions, parked cars along streets, assistance to emergency response vehicles, equipment breakdown, and personnel shortages. Resolution 11-58 - Continued October 18, 2011 b. Sidewalks and Trails The City will maintain some of the sidewalks and trails in the City. A map of the trails and sidewalks is prepared annually and the sidewalks and trails have been prioritized based on function and use. As there are a limited number of personnel available, the City will only maintain these sidewalks and trails in accordance with personnel and equipment availability. i. Priority 1 and 2 trails and sidewalks are typically plowed within 24 hours after a 2-inch snow event occurs, if resources allow. ii. The City may plow only Priority 1 trails if a snow event occurs with excessive accumulation (greater than 2 inches), in the event of an ice storm, or if equipment or manpower issues require an adjustment in the City's schedule. iii. Priority 3 trails are plowed only after the maintenance effort for Priority 1 and 2 trails has been completed. This may typically be 48 to 72 hours after a 2-inch snow event. The trails may not be completed if consecutive snow events occur, or if manpower or equipment issues do not allow for plowing. 5. Hauling Snow from Rights-of-Way The Public Works Maintenance Manager, or designee, will determine if and when snow will be removed from City-owned parking lots and rights-of-way. Such snow removal will occur in areas where there is room on the boulevard for snow storage and in areas where accumulated piles of snow create a hazardous condition. Snow removal operations will not commence until other snow plowing operations have been completed. Snow removal operations may also be delayed depending on weather conditions, personnel and budget availability. The snow will be removed and hauled to a snow storage area. The snow storage area will be located so as to minimize environmental impacts. 6. Work Schedule for Snowplow Operators In severe snow emergencies, operators may have to work in excess of 12-hour shifts. Operators may be allowed a 10-minute break every 2 hours with a 20-minute meal break after 4 hours. Except for special emergency situations, the operators will be replaced after a 12-hour shift if additional qualified personnel are available. Ideally, snow removal operations should be conducted during early morning hours to avoid interfering with traffic, and allow property owners the time to clear their driveway approaches before traveling to work. 7. Traffic Regulations The City recognizes that snowplow operators are exempt from traffic regulations set forth in Minnesota Statutes, Chapter 169, while actually engaged in work on streets, except for regulations related to driving while impaired and the safety of school children. Pursuant to this authority, snowplow operators engaged in snow removal or ice control on City streets have discretion to disregard traffic laws set forth in Chapter 169, except for laws relating to impaired driving and school children safety, when in their judgment, it is safe to disregard such laws. The privileges granted herein to operators of snow Resolution 11-58 - Continued October 18, 2011 removal and ice control vehicles shall apply only if the vehicle is equipped with one lighted lamp displaying a flashing, oscillating, or rotating amber light placed in such a position on the vehicle as to be visible throughout an arc of 360 degrees. 8. Weather Conditions Snow and ice control operations will be conducted only when weather conditions do not endanger the safety of snowplow operators and equipment. Factors that may delay snow and ice control operations include: severe cold, significant winds, and limited visibility. 9. Use of Sand, Salt, and Other Chemicals The City will use sand, salt, and other chemicals when there are hazardous ice or slippery conditions. The City is concerned about the effect of such chemicals on the environment and will limit its use for that reason. With the exception of Winnetka Avenue, south of TH 55, the City of Golden Valley does not strive to achieve bare pavement. Sand, salt, and other chemicals are not placed on City trails and sidewalks, except for those which immediately service a City building that is programmed for use during the winter. 10.Mailboxes Mailboxes, which are generally an obstruction in City's right-of-way, are sometimes impacted by snow removal operations. The City will conduct a review of each mailbox incident to determine whether a snowplow came into direct contact with the mailbox or support structure. The City will only repair mailboxes actually hit by a snowplow and installed to United States Postal Service Residential Mailbox Standards (see detail below). The City will not be responsible for damage to mailboxes or support posts caused by snow or ice coming into contact with the mailbox. Based on the City's review, the City will repair the mailbox to an operational state, or if the mailbox is unable to be adequately repaired, the City will replace the mailbox with a standard size, non-decorative metal mailbox. The City may also replace the support post as necessary with a 4" x 4", decay resistance wood support post, if necessary. Dents, scratches, or other supe�cial damage that does not prohibit normal use of the mailbox will be considered normal wear and tear and will not be repaired or replaced by the City. Nor� BOTTOM OF MAIL�X SHOULD BE 41-46 INCHES � AB�VE ROAD SURFACE.FACE OF MAILBOX 8HOULD BE BEIWEEN B ANQ 8 INCH�FROM FACE ��Ta � �F CURB. � FACE CURB ROAD 3URFACE � Resolution 11-58 - Continued Oc#ober 18, 2011 11.Complaint Procedure Complaints will be recorded on telephone logs. Calls requiring service will be transferred to a work request and forwarded to the appropriate supervisor for scheduling. Emergency complaints will be handled in an expeditious manner as resources are available. 12.Suspension of Snow Removal Operations/Weather Conditions The Public Works Director, or designee, may suspend plowing operations. Generally, suspension of plowing operations will be considered only when weather conditions endanger the safety of City staff and equipment. Factors that may suspend snow and ice control operations include: severe cold, significant winds and limited visibility, or the weather forecast calls for temperatures of 40 degrees within 12 hours. �..��'�� , � r., Snow Plowing and Ice Control Policy for City Streets, Alleys, Parkinq Lots, Trails and Sidewalks January 20, 2009 Amended October 18, 2011 1. Introduction The City of Golden Valley, Minnesota, finds that it is in the best interest of the residents of the City to assume basic responsibility for control of snow and ice on City streets. Reasonable ice and snow control is necessary for routine travel and � emergency services. The City will attempt to provide snow and ice�� control in a safe and cost-effective manner, keeping in mind safety, budget, personnel, and I environmental concerns. The City will use City employees and City-owned equipment, and private equipment when necessary. This policy does not relieve the operator of private vehicles, pedestrians, property owners, residents and all others � that may be using public streets, alleys, parkinq lots, sidewalks and trails, of their responsibility to act in a reasonable, prudent and cautious manner, given the � prevailing stf-�conditions. 2. Initiation of Snow and Ice Control Operations The Public Works Maintenance Manager, or his designee, will decide when to begin snow or ice control operations. The criteria for that decision are: a. New accumulation of two (2) inches or more; b. Drifting of snow that causes problems for travel; c. Icy conditions which seriously affect travel; and d. Time of snowfall in relationship to heavy use of streets. I Snow and ice control operations are expensive and involve dedication of a siqnificant amount of :ho „�o ^f �;m;+o,� personnel and equipment. Consequently, snow plowing operations will not generally be conducted for snowfall of less than two (2) inches. However, an accumulation of consecutive snowfall events of less than two (2) inches may constitute initiation of snow plowing operations. 3. Plowing Method Snow will be plowed in a manner so as to minimize traffic obstructions. The center of the roadway will be plowed first. The snow shall then be pushed from left to right. When a plow goes on a bridge, the driver shall slow down so snow does not go over the bridge, if possible. In times of extreme snowfall, streets may not be v�� a�vva�s-immediately cleared of snow. Plowinq �k�e-Se procedures will be adapted to address field conditions. , , , 4. Maintenance Priorities and Schedule of Streets, Alleys, Municipal Parkinq Lots, Sidewalks and Trails�e-��wed �.A. Streets, Allevs and Municipal Parkinq Lots The City has classified city streets based on the street function, traffic volume and importance to the welfare of the community. Those streets classified as minor arterials and collectors will be plowed first. These are high volume routes, which connect major sections of the City and provide access for emergency, fire, police and medical services. The second priority streets are those streets providing access to schools and commercial businesses. The third priority streets are low volume residential streets. The fourth priority areas are alleys and City parking lots, except for those parkinq lots needed for Public Safetv and Public Works functions. Each year the Public Works Department prepares a map of the City showing the City's streets system. ;;;u�n+�,.,o,� �+roo+ �„�+om. The City is divided into routes, in which ice control and snow removal will be performed. The routes are periodically revised to correspond to budgetary, equipment and personnel resources. Within each route, the major streets are designated as well as areas of steep grades (hazardous areas) that require extra care. Equipment is assigned for the control of snow and ice. � The start of snow and ice control operations for any storm is dependent upon immediate and forecasted weather conditions. The most critical time periods I are weekday mornings and evening rush hours. Collector and arterial streets under the Citv's jurisdictional authority are the first priority. When feasible, the City will attempt to remove snow and ice from the City's collector and arterial streets prior to the rush hour periods. r„��o�+„r -,n� ��+�r,-,� �+roo+� ��nrl�r +ho 0 oi�ccroi cfn a—��riTCi na��m�c-tvur-ra-cr-cr-rc . Once the collector and arterial ��streets a�ea�are plowed and opened, the remaining streets and cul-de-sacs in the residential, commercial and industrial areas will be I plowed and de-iced. The qoal is to complete this work within 8 hours of the end of the snow event. � During significant and severe storms, the City must be prepared to move personnel and equipment to maintain priority routes first. In fulfilling the need to have all collector and arterial ��streets safe and passable, when resources are limited, plowing of all other streets may be suspended�e� at any time so resources can be shifted to the priority routes. � Unforeseeable circumstances may cause delays in completing assigned plow routes. Such circumstances may include weather conditions that endanger the safety of snowplow operators and/or safe and effective operation of equipment, commuter traffic, disabled vehicles, poor visibility conditions, parked cars along streets, assistance to emergency response vehicles, equipment breakdown, and personnel shortages. B. Sidewalks and Trails The City will maintain some of the sidewalks and trails in the Citv. A map of th__e trails and sidewalks is prepared annuallv and the sidewalks and trails have been prioritized based on function and use. As there are a limited number of personnel available, the City will only maintain these sidewalks and trails in accordance with personnel and equipment availabilitv. a. Priority 1 and 2 trails and sidewalks are tvpicallv plowed within 24 hours after a 2-inch snow event occurs, if resources allow. b. The City mav plow only Priority 1 trails if a snow event occurs with excessive accumulation (qreater than 2 inches), in the event of an ice storm, or if equipment or manpower issues require an adlustment in the Citv's schedule. c. Prioritv 3 trails are plowed only after the maintenance effort for Priority 1 and 2 trails has been completed. This may typically be 48 to 72 hours after a 2-inch snow event. The trails mav not be completed if consecutive snow events occur, or if manpower or equipment issues do not allow for plowinq. 5. Haulinq Snow from Riqhts-of-Wav The Public Works Maintenance Manaqer, or desiqnee, will determine if and when snow will be removed from Citv-owned parkinq lots and riqhts-of-way. Such snow removal will occur in areas where there is room on the boulevard for snow storaqe and in areas where accumulated piles of snow create a hazardous condition. Snow removal operations will not commence until other snow plowing operations have been completed. Snow removal operations mav also be delaved dependinq on weather conditions, personnel and budqet availability. The snow will be removed and hauled to a snow storaqe area. The snow storaqe area will be located so as to minimize environmental impacts. 6. Work Schedule for Snowplow Operators In severe snow emergencies, operators may have to work in excess of 12-hour shifts. Operators a�e mav be allowed a 10-minute break every 2 hours with a 20- minute meal break after 4 hours. Except for special emergency situations, the operators will be replaced after a 12-hour shift if additional qualified personnel are available. Ideally, snow removal operations should be conducted during early morning hours to avoid interfering with traffic, and allow property owners the time to � clear their driveway approaches before travelinq k�ea�-F�g-to work. 7. Traffic Regulations The City recognizes that snowplow operators are exempt from traffic regulations set forth in Minnesota Statutes, Chapter 169, while actually engaged in work on streets, except for regulations related to driving while impaired and the safety of school children. Pursuant to this authority, snowplow operators engaged in snow removal or ice control on City streets have discretion to disregard traffic laws set forth in Chapter 169, except for laws relating to impaired driving and school children safety, when in their judgment, it is safe to disregard such laws. The privileges granted herein to operators of snow removal and ice control vehicles shall apply only if the vehicle is equipped with one lighted lamp displaying a flashing, oscillating, or rotating amber light placed in such a position on the vehicle as to be visible throughout an arc of 360 degrees. 8. Weather Conditions Snow and ice control operations will be conducted only when weather conditions do not endanger the safety of snowplow operators and equipment. Factors that may delay snow and ice control operations include: severe cold, significant winds, and limited visibility. 9. Use of Sand, Salt, and Other Chemicals The City will use sand, salt, and other chemicals when there are hazardous ice or slippery conditions. The City is concerned about the effect of such chemicals on the environment and will limit its use for that reason. With the exception of Winnetka Avenue, south of TH 55, the City of Golden Valley does not strive to achieve bare pavement. Sand, salt, and other chemicals are not placed on City trails and sidewalks, except for those which immediately service a City building that is programmed for use during the winter. �S:�Ievva�IEs , plewe� �'l.10. Mailboxes Mailboxes, which are ��g�-Ee+ac-��,�+RTa-�a+�be�generally an obstruction in City's riqht-of-way, are sometimes impacted bv snow removal operations. +�-a . The City will conduct a review of each mailbox incident to determine whether a snowplow came into direct contact with the mailbox or support structure. The City will only repair mailboxes actually hit by a snowplow and installed to United States Postal Service Residential Mailbox Standards (see detail below). The Citv will not be responsible for damaqe to mailboxes or support posts caused bv snow or ice cominq into contact with the mailbox. Based on the City's review, the City will re_pair the mailbox to an operational state, or if the mailbox is unable to be adequately repaired the City will replace er�e�+�e roimh„r��,,,o.,+ f„r the mailbox with a standard size, non-decorative metal mailbox. The City mav also replace the support post as necessary with a 4" x 4" decav resistance wood support post, if necessarv. Dents, scratches, or other superFicial damaqe that does not prohibit normal use of the mailbox will be considered normal wear and tear and will not be repaired or replaced by the City. 9a�a+l�e�s , . , , „ „ , , NOTE: BOTTOM OF MAILBOX SHOULD BE 41-45 INCHES � ABOVE ROAD SURFACE.FACE OF MAILBOX 3HOULD BE BETWEEN B AND 8 INCHES FROM FACE , I'� 8'TO FROM OFCURB. � FACE CURB ROAD SURFACE a � 12:11. Complaint Procedure Complaints will be recorded on telephone logs. Calls requiring service will be transferred to a work request and forwarded to the appropriate supervisor for scheduling. Emergency complaints will be handled in an expeditious manner as resources are available. � . �t-� • , hi�cinocc h�i irc v . � �4.12. Suspension of Snow Removal OperationsNVeather Conditions The Public Works Director, or designee, may suspend plowing operations. Generally, suspension of plowing operations will be considered only when weather conditions endanger the safety of City staff and equipment. Factors that may suspend snow and ice control operations include: severe cold, significant winds and limited visibility, or the weather forecast calls for temperatures of 40 degrees within 12 hours. �;;�,_-�=�.a �,"; ��,,.��' .1� � - �� City Administration/Council � �`'-,�� 763-593-8006/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting October 18, 2011 Agenda Item 3. J. Set Date for Canvassing Board Meeting Prepared By Judy Nally, Administrative Assistant Summary As per State Statute, within seven days after the City general election, the Council must meet as a canvassing board and declare the results of the election. Recommended Action Motion to set the Canvassing Board Meeting for Wednesday, November 9, 2011 at 6 pm. -, t `��o� �, � °% �`. � � „� " '`: ,�^�� Y o ti��n a e - p �=�W� Public Safety Police Depa�tment 763-593-8079/763-593-8098(fa�c) .�... � Executive Summary For Action Golden Valley City Council Meeting October 18, 2011 Agenda Item 6. A. First Consideration - Ordinance#473 -Amending Section 10.30, Regarding Discontinuance of Dog Licensing Requirement (Except for Dangerous and Potentially Dangerous Dogs) Prepared By Stacy Carlson, Chief of Police Summary At the March 8, 2011 Council/Manager meeting the Council discussed the discontinuation of dog licensing. A new ordinance without the licensing provision is now on this agenda for consideration. Many cities have discontinued dog licensing due to the cumbersome nature of staff involvement and the lack of compliance in registering dogs with the city. The City currently licenses approximately 500 dogs per year and there are many more dogs residing in the city that are not registered. The $6.00 annual registration fee does not offset the staff time involved in documenting and tracking registrations combined with the mailing costs and purchasing of the tags themselves. Attachments Underline/Overstrike version of Section 10.30, Animal Control (16 pages) Ordinance No. 473, Amending Section 10.30, Regarding Discontinuance of Dog Licensing Requirement (Except for Dangerous and Potentially Dangerous Dogs) (16 pages) Recommended Action Motion to adopt on First Consideration, Ordinance No. 473, Amending Section 10.30, Regarding Discontinuance of Dog Licensing Requirement (Except for Dangerous and Potentially Dangerous Dogs). § 10.30 Section 10.30: Animal Control Subdivision 1. Definitions As used in this Section: A. Animal Control: means an agency of the state, county, municipality, or other governmental subdivision of the state which is responsible for animal control operations in a jurisdiction. B. At Large: means ofF the premises of the Owner and not under the control of the Owner or other competent person, either by leash or otherwise. C. Dangerous Dog: means any Dog that 1. Has without provocation, inflicted Substantial Bodily Harm on a human being on public or private property; 2. Has killed a domestic animal without provocation while off the Owner's property; or 3. Has been found to be Potentially Dangerous, and after the Owner has been noticed that the Dog is Potentially Dangerous, the Dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. D. Dog: means both the male and female of the canine species, commonly accepted as domesticated household pets. E. Great Bodily Harm: means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm. F. Maintenance Costs: means the cost of maintaining an impounded animal including but not limited to impounding fees, boarding fees and reasonable charges for medical treatment for said animal. The amount of fees shall be established by the City Council and adopted by Ordinance. G. Owner: means any person or persons, firm, corporation, organization, department, or association owning, possessing, harboring, keeping, having an interest in, or having care, custody or control of a Dog, except veterinary hospitals owned and operated under the provisions of the Veterinary Practice Act of the State of Minnesota and the Animal Humane Society. H. Potentially Dangerous Dog: means any Dog that Golden Valley City Code Page 1 of 16 § 10.30 1. When unprovoked, inflicts harm or bites on a human or domestic animal on public or private property; 2. When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks or any public or private property, other than the Dog Owner's property, in an apparent attitude of attack; or 3. Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. I. Proper Enclosure: means securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the Dog. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the Dog to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the Dog from exiting. The enclosure shall not allow the egress of the Dog in any manner without human assistance. A pen shall meet the following minimum specifications: 1. A minimum overall floor size of thirty-two (32) square feet. 2. Sidewalls shall have a minimum height of five (5) feet and be constructed of 11-gauge or heavier wire. Openings in the wire shall not exceed two (2) inches, support posts shall be one and one-fourth inch (1�/a") or larger steel pipe buried in the ground eighteen (18) inches or more. When a concrete floor is not provided, the sidewalls shall be buried a minimum of one (1) inch in the ground. 3. A cover over the pen or kennel shall be provided. The cover shall be constructed of the same gauge wire or heavier as the sidewall and openings in the wire shall not exceed two (2) inches. 4. An entrance/exit gate shall be provided and be constructed of the same material as the sidewalls and openings in the wire shall not exceed two (2) inches. The gate shall be self-closing and self-locking. The gate shall be closed at all times when the Dog is in the pen. ]. Substantial Bodily Harm: means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. K. Unprovoked: means the condition in which the Dog is not excited, stimulated, agitated or disturbed into action. Golden Valley City Code Page 2 of 16 § 10.30 Subdivision 2. City Veterinarian The Council may appoint a qualified veterinarian, for such term as it shall designate, as City Veterinarian. The City Veterinarian shall act as an advisor to the Council, and City Staff on matters pertaining to animal and human health relationships. It shall be the responsibility of said veterinarian to ensure that qualified veterinary care is available at all times for any injured or diseased animal apprehended by members of the Police Department. Subdivision 3. Reserved. � . , . � . � . , • , . , Subdivision 4. Dog and Cat Impounding A. Impounding. , 1. The Police Department shall take up and impound any ' , unlicensed Dangerous Dog or Potentially Danaerous Dog found in the City, any Dangerous Dog Golden Valley City Code Page 3 of 16 § 10.30 or Potentiallv Dangerous Dog that is not properly restrained in accordance with Subdivision 7(� herein, any Dog or cat found in the City at large while injured or diseased, � any Dog or cat found ofF the Owner's premises without the evidence, required by this Subdivision of valid and current immunization, and any Do,g or cat at such other occasion as may be necessary to enforce this Section. Said City personnel are empowered and instructed to enter upon any private premises where they have reasonable cause to believe there is an unlicensed Dangerous Dog or Potentiallv Dangerous Dog. 2. It is unlawful for the Owner of any cat more than six (6) months of age to fail to have such cat vaccinated for rabies each twelve (12) months and to have evidence of such vaccination permanently attached to a collar kept around the neck of such cat. Any cat found ofF the Owner°s premises without such evidence of valid and current immunization shall be impounded. 3. It is unlawful for the Owner of any Dog more than One hundred fifty (150) days of age to fail to have a valid and current rabies vaccine and to have evidence of such vaccination permanently attached to a collar kept around the neck of such Dog. Any Dog found ofF the Owner's premises without evidence of a valid and current rabies immunization shall be impounded. For purposes of this subdivision a Dog's vaccination with a killed rabies vaccine shall be deemed valid and current for twelve (12) months, and a Dog's vaccination with a live rabies vaccine shall be deemed valid and current for twenty-four (24) months. B. Notice of Impounding. Upon taking up and impounding any Dog or cat as provided in this Section, the Police Department shall promptly prepare a record describing said impounded Dog or cat and retain a copy of said record during the period of impoundment and during a period of ninety (90) days thereafter. C. Redemption. Any Dog or cat may be redeemed from the Police Department by the Owner within seven (7) days of the impounding by the payment to the Police Department of the license fee ( as ap�licable) for the current year, and a� additional fee if applicable, together with Maintenance Costs for each day or portion thereof that the Dog or cat is confined. D. Release. Upon proof of ownership and payment of all fees and charges as provided herein to the Police Department, the Police Department shall release to any Owner the Dog or cat claimed by such Owner. In any event, all Owners who refuse the return of a Dog or cat, or whose Dog or cat shall die during impoundment, shall be liable for all reasonable charges and fees for the impoundment, care and treatment, board, and disposal of said Dog or cat. Golden Valley City Code Page 4 of Y 6 § 10.30 E. Unclaimed Dogs or Cats. Any Dog or cat which is not claimed as provided in this Section, within seven (7) days after impounding may be sold for not less than the total charge provided in this Section, to any desiring to purchase the Dog or cat. Any Dog or cat, which is not claimed by the Owner or sold, may be disposed of, used for research or destroyed by the Police Department. Subdivision 5. Power to Contract The Council may, from time to time, and upon such terms and conditions as it deems proper, contract with any qualified person to act as its agent to efFectuate the purposes of this Section. Subdivision 6. Confinement of Certain Dogs Any female Dog in heat, and any Dog who annoys or threatens persons passing on or using public streets, and any Dog which habitually chases automobiles shall be confined or effectively restrained by its Owner. In addition to issuing a citation, the Police Department may take up and impound any Dog found at large in violation of this provision, and release it only upon order of the Police Department after payment of the fees provided for herein. Subdivision 7. Registration of Dangerous Dogs y4: Adoption by Reference. Except as otherwise provided in this �e� Section, the regulatory and procedural provisions of Minnesota Statutes, Sections �47� 347.50 through ��'.-�-�� 347.565 (a part of the law commonly referred to as the ��Regulation of Dangerous �R�g�Fa�ie�ts Doas") as amended through Laws �� 2008, are hereby incorporated herein and adopted by reference, subject however to any administrative . , str� penalty which has been adopted by the City Council by Ordinance. B. Declaration of Potentially Dangerous or Dangerous Dogs. 1. A Golden Valley police officer, police officer, community service o�cer, or animal control officer may declare a Dog to be Potentially Dangerous or Dangerous, when the ofFicer has probable cause to believe that the Dog is Potentially Dangerous or Dangerous as defined herein. The following factors will be considered in determining a Dangerous or Potentially Dangerous Dog: a. Whether any injury or damage to a person by the Dog was caused while the Dog was protecting or defending a person or the Dog's offspring within immediate vicinity of the Dog from an unjustified attack or assault; b. The size and strength of the Dog, including jaw strength, and the animal's propensity to bite humans or other domesticated animals; Golden Valley City Code Page 5 of 16 § 10.30 c. Whether the Dog has wounds, scarring, is observed in a fight, or has other indications that the Dog has been or will be used, trained or encouraged to fight with another animal or whose Owner is in possession of any training apparatus, paraphernalia or drugs used to prepare such Dogs to fight with other animals. 2. Beginning one hundred and eighty (180) days from the date a Dog is declared Potentially Dangerous or Dangerous; the Owner may request annually that the City review the designation. The Owner shall provide clear and convincing evidence to the hearing officer that the Dog's behavior has changed due to the Dog's age; neutering; environment; completion of obedience training that includes modification of aggressive behavior; or other factors rendering the Dog no longer Dangerous or Potentially Dangerous. The hearing ofFicer shall review the evidence without hearing, and if the hearing officer finds sufficient evidence that the Dog's behavior has changed, and the Dog is no longer Potentially Dangerous or Dangerous, the hearing ofFicer may rescind the Dangerous Dog or Potentiallx Dangerous Dog designation. For purposes of this er�-i-r�ar�e Section, the hearing ofFicer is the Chief of Police, or his/her designee. 3. Exceptions. a. The provisions of this Subdivision do not apply to Dogs used by law enforcement. b. Dogs may not be declared Dangerous or Potentially Dangerous if the threat, injury or danger was sustained by a person who was: 1) Committing a willful trespass or other wrongful act causing injury upon the premises occupied by the Owner of the Dog; or 2) Provoking, tormenting, abusing or assaulting the Dog, or who can be shown to have a history of repeatedly provoking, tormenting, abusing or assaulting the Dog; or 3) Committing or attempting to commit a crime. C. License Required. The Owner must annually license Dangerous and Potentially Dangerous Dogs with the City and must license a newly declared Dangerous or Potentially Dangerous Dog within fourteen (14) days after notice that a Dog has been declared Dangerous or Potentially Dangerous. Regardless of any appeal that may be requested, the Owner must comply with the requirements of Minnesota Statutes, Section 347.52fa�a� (c) regarding notification to the City upon transfer or death of the Dog, until and unless a hearing officer or court of law reverses the declaration. Golden Valley City Code Page 6 of 16 § 10.30 1. Process for Dangerous Dogs. The City will issue a license to the Owner of a Dangerous Dog if the Owner presents clear and convincing evidence that: a. There is a Proper Enclosure, as defined herein; b. There is a surety bond by a surety company authorized to conduct business in Minnesota in the sum of at least three hundred thousand dollars ($300,000), payable to any person injured by a Dangerous Dog, or receipt of a copy of a policy of liability insurance issued by an insurance company authorized to do business in Minnesota in the amount of at least three hundred thousand dollars ($300,000), insuring that Owner for any personal injuries inflicted by the Dangerous Dog. Such surety bond or insurance policy shall provide that no cancellation of the bond or policy will be made unless the City is notified in writing by the surety company or the insurance company at least ten (10) days prior to such cancellation and written proof shall be submitted that shows that the Owner's insurance provider has been notified, in writing, of the declaration of the Potentially Dangerous or Dangerous Dog; c. The Owner has paid the annual license fee established by the Citv Council and adopted bv Ordinance; d. The Owner has had a microchip identification implanted in the Dangerous Dog. The name of the microchip manufacturer and identification number of the microchip must be provided to the City. If the microchip is not implanted by the Owner at the Owner's expense, it may be implanted by the City at the Owner's expense; and e. The Owner provides proof that the Dog has been sterilized. If the Owner does not sterilize the Dog within thirty (30) days, the City shall seize the Dog and sterilize it at the Owner's expense. 2. Process for Potentially Dangerous Dogs. The City will issue a license to the Owner of a Potentially Dangerous Dog if the Owner presents clear and convincing evidence that: a. There is a Proper Enclosure, as defined herein; b. The Owner has paid the annual license fee established by the City Council and ado tp ed by Ordinance; and c. The Owner has had a microchip identification implanted in the Potentiallv Dangerous Dog. The name of the microchip manufacturer and identification number of the microchip must be provided to the City. If the microchip is not implanted by the Owner at the Owner's expense, it may be implanted by the City at the Owner's expense. Golden Valley City Code Page 7 of 16 § 10.30 3. Inspection. A pre-license inspection of the premises to ensure compliance with the City Code is required. If the City issues a license to the Owner of a Dangerous or Potentially Dangerous Dog, the City shall be allowed at any reasonable time to inspect the Dog, the Proper Enclosure and all ' places where the animal is kept. 4. Warning Symbol. The Owner of a Dangerous Dog licensed under this Subdivision must post a sign ' to inform children that there is a Dangerous Dog on the property, including a warning symbol on the property, at a prominent location, clearly visible from any adjoining street, sidewalk or any public right-of-way, '� ��n,�,=� . The sign will be provided upon issuance of the license. 5. Tags. A Dangerous Dog licensed under this Subdivision must wear a standardized, easily identifiable tag at all times that contains the uniform Dangerous Dog symbol, indentifying the Dog as dangerous. The tag shall be provided by the City upon issuance of the license. In case any Dog tag is lost, a duplicate shall be issued by the Police Department upon presentation of a receipt showing payment of the license fee in the current year and proof that the other conditions of this Subdivision remain satisfied. The charae for the duplicate tag shall be established bv the Citv Council and adopted by Ordinance. 6. License Fee. The City will charge the Owner an annual license fee for a Dangerous or Potentially Dangerous Dog, such fee to be established by the City Council and adopted by Ordinance. D. Properly Restrained in Proper Enclosure or Outside of Proper Enclosure. While on the Owner's property, an Owner of a Dangerous or Potentially Dangerous Dog must keep it in a Proper Enclosure. Inside a residential home, there must be a secured area maintained where the Dog will stay when persons other than family members are present. If the Dog is outside the Proper Enclosure, the Dog must be muzzled and restrained by a substantial chain or leash no longer than six (6) feet and under physical restraint by an adult. The muzzle must be made in a manner that will prevent the Dog from biting any person or animal but that will not cause injury to the Dog or interfere with its vision or respiration. E. Notification Requirements to City. 1. Relocation or Death. The Owner of the Dog that has been declared Dangerous or Potentially Dangerous must notify the City Clerk in writing if the Dog is to be relocated from its current address or if the Dog has died. The notification must be given in writing within thirty (30) days of the relocation or death. The notification must include the current Owner's name and address, and the new Owner's name and the relocation Golden Valley City Code Page 8 of 16 § 10.30 address. If the relocation address is outside the City, the City may notify the local law enforcement agency of the transfer of the Dog into its jurisdiction. 2. Renter's Obligations. A person who owns or possesses a Dangerous or Potentially Dangerous Dog and who will rent property from another where the Dog will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal periods that the person owns or possesses a Dangerous or Potentially Dangerous Dog that will reside at the property. A Dog Owner, who is currently renting property, must notify the property owner within fourteen (14) days of City notification if the owned Dog is newly declared as Dangerous or Potentially Dangerous and that the Dog Owner keeps the Dog on the property. 3. Transfer of Ownership into the City. No Dog that has been previously determined to be Dangerous or Potentially Dangerous by another jurisdiction shall be kept, owned or harbored in the City unless the Dog's Owner complies with the requirements of this Subdivision prior to bringing the Dog into the City. Dogs in violation of this subsection are subject to impoundment and destruction. F. Seizure. Animal control may immediately seize any Dangerous or Potentially Dangerous Dog if: 1. Fourteen (14) days after the Owner has notice that the Dog is declared Dangerous or Potentially Dangerous, the Dog is not validly licensed and no appeal has been filed; 2. Fourteen (14) days after the Owner has notice that the Dog is Dangerous, the Owner has not secured the proper liability insurance or surety ee�e�age bond as required or such required insurance or bond is cancelled; 3. The Dog is not maintained in a Proper Enclosure; 4. The Dog is outside the Proper Enclosure and not under proper restraint, as required by this Subdivision ' . , . ; 5. Thirty (30) days after the Owner has notice that the Dog is Dangerous, the Dog is not sterilized, as required by this . , . ; or 6. The Dog's microchip has been removed. G. Reclamation. A Dog seized under this Subdivision�{f�-abe�e, may be reclaimed by the Owner of the Dog upon payment of Maintenance Costs, and presenting proof to animal control that the requirements of this Subdivision Golden Valley City Code Page 9 of 16 § 10.30 have been met. A Dog not reclaimed under this Subdivision within seven (7) days may be disposed of, used for research, or destroyed and the Owner will be liable to the City for Maintenance Costs. A person claiming an interest in a seized Dog may prevent disposal of destruction of the Dog by posting a security in an amount sufficient to provide for the Dog's Maintenance Costs. The security must be posted with the City within seven (7) days of the seizure, inclusive of the date seized. H. Subsequent Offenses; Seizure. If a person has been convicted of violating a provision of this Subdivision, and the person is charged with a subsequent violation relating to the same Dog, the Dog must be seized. If the Owner is convicted of the crime for which the Dog was seized, the court may order that the Dog be destroyed in a proper and humane manner and the Owner pay the Maintenance Costs. If the Owner is not convicted and the Dog is not reclaimed by the Owner within seven (7) days after the Owner has been notified that the Dog may be reclaimed, the Dog may be disposed of, used for research, or destroyed. I. Notice, Hearings. 1. Notice. After a Dog has been declared Dangerous or Potentially Dangerous or has been seized for destruction, the City shall give notice by delivering or mailing the notice to the Owner of the Dog, or by posting a copy of the notice at the place where the Dog is kept, or by delivering it to some person of suitable age and discretion residing on the property. The ofFicer shall provide a copy of the notice served upon the Dog Owner, along with an affidavit of service, to the City Clerk. 2. Content of Notice. The notice described above must include: a. a description of the Dog, the authority for and purpose of the declaration or seizure; the time, place, and circumstances under which the Dog was declared or seized; and the telephone number and contact person where the Dog is kept; b. a statement that the Owner of the Dog may request a hearing concerning the declaration or seizure and that failure to do so within fourteen (14) days of the date of the notice will terminate the Owner's right to a hearing; c. a statement that if an appeal request is made within fourteen (14) days of the notice, the Owner must immediately comply with the requirements of Minnesota Statutes, Section 347.52, paragraphs�-Fa3 a� (c) regarding notification to the City upon transfer or death of the Dog, and Cit�r Code Section 10.30, Subdivision �D) regarding maintaining the Dog in a Proper Enclosure and Under proper restraint until such time as the hearing officer issues an opinion; Golden Valley City Code Page 10 of 16 § 10.30 d. a statement that if the hearing ofFicer affirms the Dangerous Dog declaration, the Owner will have fourteen (14) days from receipt of that decision to comply with all other requirements of Minnesota Statutes, Sections �47�1�;�3�� 347.50 throuah 347.565 as amended throuah Laws 2008, except where the provisions of City Code Section 10.30 are more string,ent in which case the Owner shall comp� with this Section; e. a form to request a hearing; and f. a statement that if the Dog has been seized, all Maintenance Costs of the care, keeping, and disposition of the Dog pending the outcome of the hearing are the responsibility of the Owner, unless a court or hearing officer finds that the seizure or impoundment was not substantially justified by law. 3. Hearing. a. After a Dog has been declared Dangerous, Potentially Dangerous or has been seized for destruction, the Owner may appeal in writing to the City within fourteen (14) days after notice of the declaration or seizure. Failure to do so within fourteen (14) days of the date of the notice will terminate the Owner's right to a hearing. The Owner must pay a fee for an appeal hearing as established by the City Council and adopted by Ordinance. b. The appeal hearing will be held within fourteen (14) days of the request. The hearing ofFicer must be an impartial employee of the City or an impartial person retained by the City to conduct the hearing. The appeal hearing shall be in an informal manner, and the Minnesota Rules of Civil Procedure and Rules of Evidence shall not be strictly applied. The hearing need not be transcribed, but may be transcribed at the sole expense of the party who requests the transcription. c. If the declaration or destruction is upheld by the hearing officer, actual expenses of the hearing, as well as all Maintenance Costs, will be the responsibility of the Dog's Owner. The hearing officer shall issue a decision on the matter within ten (10) days after the hearing. The decision shall be delivered to the Dog's Owner by hand delivery or registered mail as soon as practical and a copy shall be provided to the City. The decision of the hearing ofFicer is final. d. An Owner's right to appeal or otherwise contest a Potentially Dangerous or Dangerous Dog declaration shall be deemed waived if the Owner fails to serve a written request for appeal, as required herein, or fails to appear at the scheduled appeal hearing date. Golden Valley City Code Page I1 of 16 § 10.30 ]. Destruction of Certain Dogs. The Police Chief and/or hearing officer are authorized to order the destruction or other disposition of any Dog, after proper notice is given as required in this Section and upon finding that: 1. The Dog has habitually destroyed property or habitually trespassed in a damaging manner on property of persons other than the Owner; 2. The Dog has been declared Dangerous, the Owner's right to appeal hereunder has been exhausted or expired, and the Owner has failed to comply with the provisions of this Subdivision; 3. It is determined that the Dog is infected with rabies; 4. The Dog inflicted Substantial or Great Bodily Harm on a human on public or private property without provocation; 5. The Dog inflicted multiple bites on a human on public or private property without provocation; 6. The Dog bit multiple human victims on public or private property in the same attack without provocation; 7. The Dog bit a human on public or private property without provocation in an attack where more than one (1) Dog participated in the attack; or 8. The dog poses a danaer to the public's health, safety or welfare. K. . ' , . In determining whether the Dog poses a danger to the public's health, safety or welfare, the following factors may be considered: a. The Dog weighs more than twenty (20) pounds; b. The strength of the Dog; c. The Dog's tolerance for pain; d. The Dog's tendency to refuse to terminate an attack; e. The Dog's propensity to bite humans or other domestic animals; f. The Dog's potential for unpredictable behavior; g. The Dog's aggressiveness; h. The likelihood that a bite by the Dog will result in serious injury. Golden Valley City Code Page 12 of 16 § 10.30 L. �fE: Concealing of Dogs. Any person that may harbor, hide or conceal a Dog that the City has the authority to seize or that has been ordered into custody for destruction or other proper disposition shall be guilty of a misdemeanor. M. � Dog Ownership Prohibited. 1. Except as provided below, a person shall not own a Dog if the person has been: a. Convicted in any iurisdiction of a 3rd or subsequent violation of City Code Section 10.30, Subd. 7(D), (E) or (F) or Minnesota Statutes Sections 347.51, 347.515 or 347.52; b. Convicted of 2nd degree manslaughter due to negligent or intentional use of a Dog under Minnesota Statutes Sections 609.205(4); or c. Convicted of Gross Misdemeanor harm caused by a Dog under Minnesota Statutes Section 609.226, Subd. 1. N. �P�4: Dog Ownership Prohibition Review. Beginning three (3) years after a conviction under this Section ' . , . that results in prohibiting �� a person from owning a Dog, and annually thereafter, the person may request in writing to the Police Chief that any limitations imposed by the City be reviewed. The City may consider such facts as the seriousness of the violation or violations that led to the prohibition, any criminal convictions, or other facts that the City deems appropriate. The City may rescind the prohibition entirely or rescind it with limitations. The City also may establish conditions a person must meet before the prohibition is rescinded, including, but not limited to, successfully completing dog training or dog handling courses. If the City rescinds a person's prohibition and the person subsequently fails to comply with any limitations imposed by the City or the person is convicted of any animal violation including, Dog attacks or unprovoked bites by a Dog owned or under his or her control, the City may permanently prohibit the person from owning a Dog in this state. O. f�: Penalties. Unless stated otherwise, any person who violates a provision of this Subdivision is guilty of a misdemeanor , . , Sttbd—� or where provided by state law a gross misdemeanor, or alternativelv, or in addition to, may be charged an administrative penalty which has been adopted by the Cit,y Council by Ordinance. Subdivision 8. Dogs or Cats Disturbing the Peace It is unlawful for any person to keep or harbor a Dog or cat which barks, cries, squeals, howls or meows, excessively, continuously or in an untimely manner. The phrase "barks, cries, squeals, howls or meows, excessively, continuously or in an untimely manner" includes, but is not limited to, the creation of any noise by any Golden Valley City Code Page 13 of 16 § 10.30 Dog or cat which can be heard by any person, including a law enforcement officer or animal control officer, from a location outside of the building or premises where the Dog or cat is being kept, and which noise occurs repeatedly over at least a five (5) minute period of time, with a thirty (30) second or less lapse of time between each animal noise during the five (5) minute period. Subdivision 9. Interference With Officers It is unlawful for any person to take or attempt to take from any person authorized under the terms of this Section, any Dog or cat taken up in compliance with this Section or in any manner to interfere with or hinder such person in the discharge of his or her duties under this Section. Subdivision 10. Offenses; Tags It is unlawful to counterfeit, attempt to counterfeit or alter the tags provided for in this Section or to give false information concerning vaccination requirements under this Section, or take from any Dog or cat, a tag legally placed upon it by its Owner with the intent to place it upon another pog or cat, or to place such tag upon another pog or cat. Subdivision 11. Quarantine of Dogs and Cats A. Whenever any person owning, harboring or maintaining a Dog or cat learns that such animal has bitten any human being, such person shall immediately impound said animal at such person's expense in a licensed veterinary hospital of such person's choice and shall also immediately notify the Police Department. If, however, such person submits unequivocal proof to the Police Department that said animal was effectively vaccinated in accord with this Section or approved veterinary practice at the time of said bite, the animal shall be securely quarantined at the residence of the Owner or in such other manner as the Police Department, in its discretion, may direct. B. The Police Department when informed that a Dog or cat has bitten any human being shall ascertain the identity of such animal and the person owning, controlling, or harboring it and shall immediately direct such person to immediately quarantine such animal in the manner set forth above. In the case of stray animals, or in the case of animals whose ownership is not known, such quarantine shall be at a shelter designated by the Police Department. C. Any Dog or cat which has bitten a human being shall be securely quarantined continuously for ten (10) days in the manner described above and shall not be released from such quarantine except by written permission of the Police Department. The Owner or person harboring such animal during confinement shall immediately notify the Police Department of any evidence of sickness or disease in the animal during its period of confinement. D. Upon demand made by the Police Department as contemplated above, the Owner or person harboring said Dog or cat shall immediately comply with Golden Valley C1ty Code Page 14 of 16 § 10.30 any such demand. Said animal may be reclaimed or released from quarantine to the Owner or possessor of the animal if it is adjudged free of rabies by a licensed veterinarian, and upon payment of the license fee authorized by this Section, and compliance with all other stated requirements. Subdivision 12. Muzzling of Dogs Whenever the prevalence of rabies renders such action necessary to protect the public health and safety, the Mayor shall issue a proclamation ordering every person owning or keeping a Dog to confine it securely on the premises of such person unless it is muzzled so that it cannot bite. No person shall violate such proclamation, and any unmuzzled Dog running at large during the time fixed in the proclamation shall be destroyed by the police either with or without notice to the Owner, such notice to be at the discretion of the police. Subdivision 13. Leashing No person having the custody or control of any Dog or animal of the Dog kind shall at any time permit the same to be on or in other than land owned, leased, or occupied by the person having the custody or control of such Dog or animal of the Dog kind, without being efFectively restrained by leash or command control as herein set forth, from going beyond such unfenced area or lot; nor shall any person having the custody or control of any Dog or animal of the Dog kind permit the same at any time to be on any street or public place without being effectively restrained by chain or leash not exceeding six (6) feet in length, unless accompanied by and under the control and direction of the person having control or custody so as to be as effectively restrained by command as by a leash. Subdivision 14. Running at Large The Police Department shall take up and impound any Dog or cat or animal of the Dog kind running at large in violation of this Section. Subdivision 15. Limit on Number of Dogs and Cats Not more than three (3) Dogs and three (3) cats are to be maintained on any lot or in any residence except that one (1) litter of pups or kittens in excess of the above number may be kept up to an age of ninety (90) days. Subdivision 16. Ke�nels A. Defined. For the purpose of this Subdivision, the term "kennels" means any place, building, tract of land, abode or vehicle, wherein or whereon three (3) or more Dogs or cats, over ninety (90) days of age, are kept, kept for sale, or boarded. B License Required. It is unlawful for any person to operate or maintain a kennel without a license therefor from the City. C. License Fee. The annual fee for a kennel license shall be established by the City Council and adopted by Ordinance. Golden Valley Ciiy Code Page 15 of 16 § 10.30 D. Exception. Hospitals and clinics operated by licensed veterinarians exclusively for the care and treatment of animals and the Animal Humane Society are exempt from the provisions of this Subdivision. Subdivision 17. Humane Treatment of Dogs and Cats Every person shall provide any Dog or cat of which such person has control suf- ficient and proper food, water, shelter and veterinarian care. No person shall poison, overwork or mistreat or in any way further any act of cruelty to any Dog or cat whether belonging to such person or another. No person shall abandon any Dog or cat of which such person has control. Subdivision 18. Mediation In addition to, but not to the exclusion of, any criminal prosecution by reason of violations of this Section, either party involved in an alleged violation may request a mediation meeting with all other afFected parties and a representative of the Police Department. Such a request shall be addressed to, and said meeting shall be arranged by, the Police Department. Subdivision 19. Restrictions on Dogs and Cats No Owner shall permit such Owner's Dog or cat to damage or foul any lawn, garden or other property. Subdivision 20. Enforcement Licensed police officers, reserve officers, and community service officers, employed by the Police Department are authorized to issue citations for the violation of this Section. Golden Valley City Code Page 16 of 16 ORDINANCE NO. 473, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Repealing in its Entirety Section 10.30: Animal Control Adding a New Section 10.30: Animal Control The City Council of the City of Golden Valley ordains as follows: Section 1. City Code, Chapter 10, Section 10.30 entitled "Animal Control" is hereby repealed in its entirety. Section 2. City Code, 10.30 entitled "Animal Control" is hereby amended by adding a new 10.30 entitled "Animal Control", reading as follows: Section l0.30: Animal Control Subdivision 1. Definitions As used in this Section: A. Animal Control: means an agency of the state, county, municipality, or other governmental subdivision of the state which is responsible for animal control operations in a jurisdiction. B. At Large: means off the premises of the Owner and not under the control of the Owner or other competent person, either by leash or otherwise. C. Dangerous Dog: means any Dog that 1. Has without provocation, inflicted Substantial Bodily Harm on a human being on public or private property; 2. Has killed a domestic animal without provocation while off the Owner's property; or 3. Has been found to be Potentially Dangerous, and after the Owner has been noticed that the Dog is Potentially Dangerous, the Dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. D. Dog: means both the male and female of the canine species, commonly accepted as domesticated household pets. E. Great Bodily Harm: means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm. F. Maintenance Costs: means the cost of maintaining an impounded animal including but not limited to impounding fees, boarding fees and reasonable charges for medical treatment for said animal. The amount of fees shall be established by the City Council and adopted by Ordinance. G. Owner: means any person or persons, firm, corporation, organization, department, or association owning, possessing, harboring, keeping, having an interest in, or having care, custody or control of a Dog, except veterinary hospitals owned and operated under the provisions of the Veterinary Practice Act of the State of Minnesota and the Animal Humane Society. H. Potentially Dangerous Dog: means any Dog that 1. When unprovoked, inflicts harm or bites on a human or domestic animal on public or private property; 2. When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks or any public or private property, other than the Dog Owner's property, in an apparent attitude of attack; or 3. Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. I. Proper Enclosure: means securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the Dog. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the Dog to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the Dog from exiting. The enclosure shall not allow the egress of the Dog in any manner without human assistance. A pen shall meet the following minimum specifications: 1. A minimum overall floor size of thirty-two (32) square feet. 2. Sidewalls shall have a minimum height of five (5) feet and be constructed of il-gauge or heavier wire. Openings in the wire shall not exceed two (2) inches, support posts shall be one and one-fourth inch (1�/a") or larger steel pipe buried in the ground eighteen (18) inches or more. When a concrete floor is not provided, the sidewalls shall be buried a minimum of one (1) inch in the ground. 3. A cover over the pen or kennel shall be provided. The cover shall be constructed of the same gauge wire or heavier as the sidewall and openings in the wire shall not exceed two (2) inches. 4. An entrance/exit gate shall be provided and be constructed of the same material as the sidewalls and openings in the wire shall �not exceed two (2) inches. The gate shall be self-closing and self-locking. The gate shall be closed at all times when the Dog is in the pen. ]. Substantial Bodily Harm: means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. K. Unprovoked: means the condition in which the Dog is not excited, stimulated, agitated or disturbed into action. Subdivision 2. City Veterinarian The Council may appoint a qualified veterinarian, for such term as it shall designate, as City Veterinarian. The City Veterinarian shall act as an advisor to the Council, and City Staff on matters pertaining to animal and human health relationships. It shall be the responsibility of said veterinarian to ensure that qualified veterinary care is available at all times for any injured or diseased animal apprehended by members of the Police Department. Subdivision 3. Reserved Subdivision 4. Dog and Cat Impounding A. Impounding. 1. The Police Department shall take up and impound any unlicensed Dangerous Dog or Potentially Dangerous Dog found in the City, any Dangerous Dog or Potentially Dangerous Dog that is not properly restrained in accordance with Subdivision 7(D) herein, any Dog or cat found in the City at large while injured or diseased, any Dog or cat found off the Owner's premises without the evidence, required by this Subdivision of valid and current immunization, and any Dog or cat at such other occasion as may be necessary to enforce this Section. Said City personnel are empowered and instructed to enter upon any private premises where they have reasonable cause to believe there is an unlicensed Dangerous Dog or Potentially Dangerous Dog. 2. It is unlawful for the Owner of any cat more than six (6) months of age to fail to have such cat vaccinated for rabies each twelve (12) months and to have evidence of such vaccination permanently attached to a collar kept around the neck of such cat. Any cat found off the Owner's premises without such evidence of valid and current immunization shall be impounded. 3. It is unlawful for the Owner of any Dog more than One hundred fifty (150) days of age to fail to have a valid and current rabies vaccine and to have evidence of such vaccination permanently attached to a collar kept around the neck of such Dog. Any Dog found off the Owner's premises without evidence of a valid and current rabies immunization shall be impounded. For purposes of this subdivision a Dog's vaccination with a killed rabies vaccine shall be deemed valid and current for twelve (12) months, and a Dog's vaccination with a live rabies vaccine shall be deemed valid and current for twenty-four (24) months. B. Notice of Impounding. Upon taking up and impounding any Dog or cat as provided in this Section, the Police Department shall promptly prepare a record describing said impounded Dog or cat and retain a copy of said record during the period of impoundment and during a period of ninety (90) days thereafter. C. Redemption. Any Dog or cat may be redeemed from the Police Department by the Owner within seven (7) days of the impounding by the payment to the Police Department of the license fee (as applicable) for the current year, and any additional fee if applicable, together with Maintenance Costs for each day or portion thereof that the Dog or cat is confined. D. Release. Upon proof of ownership and payment of all fees and charges as provided herein to the Police Department, the Police Department shall release to any Owner the Dog or cat claimed by such Owner. In any event, all Owners who refuse the return of a Dog or cat, or whose Dog or cat shall die during impoundment, shall be liable for all reasonable charges and fees for the impoundment, care and treatment, board, and disposal of said Dog or cat. E. Unclaimed Dogs or Cats. Any Dog or cat which is not claimed as provided in this Section, within seven (7) days after impounding may be sold for not less than the total charge provided in this Section, to any desiring to purchase the Dog or cat. Any Dog or cat, which is not claimed by the Owner or sold, may be disposed of, used for research or destroyed by the Police Department. Subdivision 5. Power to Contract The Council may, from time to time, and upon such terms and conditions as it deems proper, contract with any qualified person to act as its agent to effectuate the purposes of this Section. Subdivision 6. Confinement of Certain Dogs Any female Dog in heat, and any Dog who annoys or threatens persons passing on or using public streets, and any Dog which habitually chases automobiles shall be confined or effectively restrained by its Owner. In addition to issuing a citation, the Police Department may take up and impound any Dog found at large in violation of this provision, and release it only upon order of the Police Department after payment of the fees provided for herein. Subdivision 7. Registration of Dangerous Dogs A. Adoption by Reference. Except as otherwise provided in this Section, the regulatory and procedural provisions of Minnesota Statutes, Sections 347.50 through 347.565 (a part of the law commonly referred to as the "Regulation of Dangerous Dogs") as amended through Laws 2008, are hereby incorporated herein and adopted by reference, subject however to any administrative penalty which has been adopted by the City Council by Ordinance. B. Declaration of Potentially Dangerous or Dangerous Dogs. 1. A Golden Valley police officer, police officer, community service ofFicer, or animal control officer may declare a Dog to be Potentially Dangerous or Dangerous, when the ofFcer has probable cause to believe that the Dog is Potentially Dangerous or Dangerous as defined herein. The following factors will be considered in determining a Dangerous or Potentially Dangerous Dog: a. Whether any injury or damage to a person by the Dog was caused while the Dog was protecting or defending a person or the Dog's ofFspring within immediate vicinity of the Dog from an unjustified attack or assault; b. The size and strength of the Dog, including jaw strength, and the animal's propensity to bite humans or other domesticated animals; c. Whether the Dog has wounds, scarring, is observed in a fight, or has other indications that the Dog has been or will be used, trained or encouraged to fight with another animal or whose Owner is in possession of any training apparatus, paraphernalia or drugs used to prepare such Dogs to fight with other animals. 2. Beginning one hundred and eighty (180) days from the date a Dog is declared Potentially Dangerous or Dangerous; the Owner may request annually that the City review the designation. The Owner shall provide clear and convincing evidence to the hearing officer that the Dog's behavior has changed due to the Dog's age; neutering; environment; completion of obedience training that includes modification of aggressive behavior; or other factors rendering the Dog no longer Dangerous or Potentially Dangerous. The hearing ofFicer shall review the evidence without hearing, and if the hearing ofFicer finds sufficient evidence that the Dog's behavior has changed, and the Dog is no longer Potentially Dangerous or Dangerous, the hearing officer may rescind the Dangerous Dog or Potentially Dangerous Dog designation. For purposes of this Section, the hearing officer is the Chief of Police, or his/her designee. 3. Exceptions. a. The provisions of this Subdivision do not apply to Dogs used by law enforcement. b. Dogs may not be declared Dangerous or Potentially Dangerous if the threat, injury or danger was sustained by a person who was: 1) Committing a willful trespass or other wrongful act causing injury upon the premises occupied by the Owner of the Dog; or 2) Provoking, tormenting, abusing or assaulting the Dog, or who can be shown to have a history of repeatedly provoking, tormenting, abusing or assaulting the Dog; or 3) Committing or attempting to commit a crime. C. Licens� Required. The Owner must annually license Dangerous and Potentially Dangerous Dogs with the City and must license a newly declared Dangerous or Potentially Dangerous Dog within fourteen (14) days after notice that a Dog has been declared Dangerous or Potentially Dangerous. Regardless of any appeal that may be requested, the Owner must comply with the requirements of Minnesota Statutes, Section 347.52(c) regarding notification to the City upon transfer or death of the Dog, until and unless a hearing officer or court of law reverses the declaration. 1. Process for Dangerous Dogs. The City will issue a license to the Owner of a Dangerous Dog if the Owner presents clear and convincing evidence that: a. There is a Proper Enclosure, as defined herein; b. There is a surety bond by a surety company authorized to conduct business in Minnesota in the sum of at least three hundred thousand dollars ($300,000), payable to any person injured by a Dangerous Dog, or receipt of a copy of a policy of liability insurance issued by an insurance company authorized to do business in Minnesota in the amount of at least three hundred thousand dollars ($300,000), insuring that Owner for any personal injuries inflicted by the Dangerous Dog. Such surety bond or insurance policy shall provide that no cancellation of the bond or policy will be made unless the City is notified in writing by the surety company or the insurance company at least ten (10) days prior to such cancellation and written proof shall be submitted that shows that the Owner's insurance provider has been notified, in writing, of the declaration of the Potentially Dangerous or Dangerous Dog; c. The Owner has paid the annual license fee established by the City Council and adopted by Ordinance; d. The Owner has had a microchip identification implanted in the Dangerous Dog. The name of the microchip manufacturer and identification number of the microchip must be provided to the City. If the microchip is not implanted by the Owner at the Owner's expense, it may be implanted by the City at the Owner's expense; and e. The Owner provides proof that the Dog has been sterilized. If the Owner does not sterilize the Dog within thirty (30) days, the City shall seize the Dog and sterilize it at the Owner's expense. 2. Process for Potentially Dangerous Dogs. The City will issue a license to the Owner of a Potentially Dangerous Dog if the Owner presents clear and convincing evidence that: a. There is a Proper Enclosure, as defined herein; b. The Owner has paid the annual license fee established by the City Council and adopted by Ordinance; and c. The Owner has had a microchip identification implanted in the Potentially Dangerous Dog. The name of the microchip manufacturer and identification number of the microchip must be provided to the City. If the microchip is not implanted by the Owner at the Owner's expense, it may be implanted by the City at the Owner's expense. 3. Inspection. A pre-license inspection of the premises to ensure compliance with the City Code is required. If the City issues a license to the Owner of a Dangerous or Potentially Dangerous Dog, the City shall be allowed at any reasonable time to inspect the Dog, the Proper Enclosure and all places where the animal is kept. 4. Warning Symbol. The Owner of a Dangerous Dog licensed under this Subdivision must post a sign to inform children that there is a Dangerous Dog on the property, including a warning symbol on the property, at a prominent location, clearly visible from any adjoining street, sidewalk or any public right-of-way. The sign will be provided upon issuance of the license. 5. Tags. A Dangerous Dog licensed under this Subdivision must wear a standardized, easily identifiable tag at all times that contains the uniform Dangerous Dog symbol, indentifying the Dog as dangerous. The tag shall be provided by the City upon issuance of the license. In case any Dog tag is lost, a duplicate shall be issued by the Police Department upon presentation of a receipt showing payment of the license fee in the current year and proof that the other conditions of this Subdivision remain satisfied. The charge for the duplicate tag shall be established by the City Council and adopted by Ordinance. 6. License Fee. The City will charge the Owner an annual license fee for a Dangerous or Potentially Dangerous Dog, such fee to be established by the City Council and adopted by Ordinance. D. Properly Restrained in Proper Enclosure or Outside of Proper Enclosure. While on the Owner's property, an Owner of a Dangerous or Potentially Dangerous Dog must keep it in a Proper Enclosure. Inside a residential home, there must be a secured area maintained where the Dog will stay when persons other than family members are present. If the Dog is outside the Proper Enclosure, the Dog must be muzzled and restrained by a substantial chain or leash no longer than six (6) feet and under physical restraint by an adult. The muzzle must be made in a manner that will prevent the Dog from biting any person or animal but that will not cause injury to the Dog or interfere with its vision or respiration. E. Notification Requirements to City. 1. Relocation or Death. The Owner of the Dog that has been declared Dangerous or Potentially Dangerous must notify the City Clerk in writing if the Dog is to be relocated from its current address or if the Dog has died. The notification must be given in writing within thirty (30) days of the relocation or death. The notification must include the current Owner's name and address, and the new Owner's name and the relocation address. If the relocation address is outside the City, the City may notify the local law enforcement agency of the transfer of the Dog into its jurisdiction. 2. Renter's Obligations. A person who owns or possesses a Dangerous or Potentially Dangerous Dog and who will rent property from another where the Dog will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal periods that the person owns or possesses a Dangerous or Potentially Dangerous Dog that will reside at the property. A Dog Owner, who is currently renting property, must notify the property owner within fourteen (14) days of City notification if the owned Dog is newly declared as Dangerous or Potentially Dangerous and that the Dog Owner keeps the Dog on the property. 3. Transfer of Ownership into the City. No Dog that has been previously determined to be Dangerous or Potentially Dangerous by another jurisdiction shall be kept, owned or harbored in the City unless the Dog's Owner complies with the requirements of this Subdivision prior to bringing the Dog into the City. Dogs in violation of this subsection are subject to impoundment and destruction. F. Seizure. Animal control may immediately seize any Dangerous or Potentially Dangerous Dog if: 1. Fourteen (14) days after the Owner has notice that the Dog is declared Dangerous or Potentially Dangerous, the Dog is not validly licensed and no appeal has been filed; 2. Fourteen (14) days after the Owner has notice that the Dog is Dangerous, the Owner has not secured the proper liability insurance or surety bond as required or such required insurance or bond is cancelled; 3. The Dog is not maintained in a Proper Enclosure; 4. The Dog is outside the Proper Enclosure and not under proper restraint, as required by this Subdivision. 5. Thirty (30) days after the Owner has notice that the Dog is dangerous, the Dog is not sterilized, as required by this Section; or 6. The Dog's microchip has been removed. G. Reclamation. A Dog seized under this Subdivision, may be reclaimed by the Owner of the Dog upon payment of Maintenance Costs, and presenting proof to animal control that the requirements of this Subdivision have been met. A Dog not reclaimed under this Subdivision within seven (7) days may be disposed of, used for research, or destroyed and the Owner will be liable to the City for Maintenance Costs. A person claiming an interest in a seized Dog may prevent disposal of destruction of the Dog by posting a security in an amount sufFicient to provide for the Dog's Maintenance Costs. The security must be posted with the City within seven (7) days of the seizure, inclusive of the date seized. H. Subsequent OfFenses; Seizure. If a person has been convicted of violating a provision of this Subdivision, and the person is charged with a subsequent violation relating to the same Dog, the Dog must be seized. If the Owner is convicted of the crime for which the Dog was seized, the court may order that the Dog be destroyed in a proper and humane manner and the Owner pay the Maintenance Costs. If the Owner is not convicted and the Dog is not reclaimed by the Owner within seven (7) days after the Owner has been notified that the Dog may be reclaimed, the Dog may be disposed of, used for research, or destroyed. I. Notice, Hearings. 1. Notice. After a Dog has been declared Dangerous or Potentially Dangerous or has been seized for destruction, the City shall give notice by delivering or mailing the notice to the Owner of the Dog, or by posting a copy of the notice at the place where the Dog is kept, or by delivering it to some person of suitable age and discretion residing on the property. The ofFcer shall provide a copy of the notice served upon the Dog Owner, along with an afFidavit of service, to the City Clerk. 2. Content of Notice. The notice described above must include: a. a description of the Dog, the authority for and purpose of the declaration or seizure; the time, place, and circumstances under which the Dog was declared or seized; and the telephone number and contact person where the Dog is kept; b. a statement that the Owner of the Dog may request a hearing concerning the declaration or seizure and that failure to do so within fourteen (14) days of the date of the notice will terminate the Owner's right to a hearing; c. a statement that if an appeal request is made within fourteen (14) days of the notice, the Owner must immediately comply with the requirements of Minnesota Statutes, Section 347.52, paragraph (c) regarding notification to the City upon transfer or death of the Dog, and City Code Section 10.30, Subdivision 7(D) regarding maintaining the Dog in a Proper Enclosure and Under proper restraint until such time as the hearing officer issues an opinion; d. a statement that if the hearing officer affirms the Dangerous Dog declaration, the Owner will have fourteen (14) days from receipt of that decision to comply with all other requirements of Minnesota Statutes, Sections 347.50 through 347.565 as amended through Laws 2008, except where the provisions of City Code Section 10.30 are more stringent in which case the Owner shall comply with this Section; e. a form to request a hearing; and f. a statement that if the Dog has been seized, all Maintenance Costs of the care, keeping, and disposition of the Dog pending the outcome of the hearing are the responsibility of the Owner, unless a court or hearing officer finds that the seizure or impoundment was not substantially justified by law. 3. Hearing. a. After a Dog has been declared Dangerous, Potentially Dangerous or has been seized for destruction, the Owner may appeal in writing to the City within fourteen (14) days after notice of the declaration or seizure. Failure to do so within fourteen (14) days of the date of the notice will terminate the Owner's right to a hearing. The Owner must pay a fee for an appeal hearing as established by the City Council and adopted by Ordinance. b. The appeal hearing will be held within fourteen (14) days of the request. The hearing officer must be an impartial employee of the City or an impartial person retained by the City to conduct the hearing. The appeal hearing shall be in an informal manner, and the Minnesota Rules of Civil Procedure and Rules of Evidence shall not be strictly applied. The hearing need not be transcribed, but may be transcribed at the sole expense of the party who requests the transcription. c. If the declaration or destruction is upheid by the hearing officer, actual expenses of the hearing, as well as all Maintenance Costs, will be the responsibility of the Dog's Owner. The hearing officer shall issue a decision on the matter within ten (10) days after the hearing. The decision shall be delivered to the Dog's Owner by hand delivery or registered mail as soon as practical and a copy shall be provided to the City. The decision of the hearing officer is final. d. An Owner's right to appeal or otherwise contest a Potentially Dangerous or Dangerous Dog declaration shall be deemed waived if the Owner fails to serve a written request for appeal, as required herein, or fails to appear at the scheduled appeal hearing date. ]. Destruction of Certain Dogs. The Police Chief and/or hearing officer are authorized to order the destruction or other disposition of any Dog, after proper notice is given as required in this Section and upon finding that: 1. The Dog has habitually destroyed property or habitually trespassed in a damaging manner on property of persons other than the Owner; 2. The Dog has been declared Dangerous, the Owner's right to appeal hereunder has been exhausted or expired, and the Owner has failed to comply with the provisions of this Subdivision; 3. It is determined that the Dog is infected with rabies; 4. The Dog inflicted Substantial or Great Bodily Harm on a human on public or private property without provocation; 5. The Dog inflicted multiple bites on a human on public or private property without provocation; 6. The Dog bit multiple human victims on public or private property in the same attack without provocation; 7. The Dog bit a human on public or private property without provocation in an attack where more than one (1) Dog participated in the attack; or 8. The dog poses a danger to the public's health, safety or welfare. K. In determining whether the Dog poses a danger to the public's health, safety or welfare, the following factors may be considered: a. The Dog weighs more than twenty (20) pounds; b. The strength of the Dog; c. The Dog's tolerance for pain; d. The Dog's tendency to refuse to terminate an attack; e. The Dog's propensity to bite humans or other domestic animais; f. The Dog's potential for unpredictable behavior; g. The Dog's aggressiveness; h. The likelihood that a bite by the Dog will result in serious injury. L. Concealing of Dogs. Any person that may harbor, hide or conceal a Dog that the City has the authority to seize or that has been ordered into custody for destruction or other proper disposition shall be guilty of a misdemeanor. M. Dog Ownership Prohibited. 1. Except as provided below, a person shall not own a Dog if the person has been: a. Convicted in any jurisdiction of a 3rd or subsequent violation of City Code Section 10.30, Subd. 7(D), (E) or (F) or Minnesota Statutes Sections 347.51, 347.515 or 347.52; b. Convicted of 2nd degree manslaughter due to negligent or intentional use of a Dog under Minnesota Statutes Sections 609.205(4); or c. Convicted of Gross Misdemeanor harm caused by a Dog under Minnesota Statutes Section 609.226, Subd. 1. N. Dog Ownership Prohibition Review. Beginning three (3) years after a conviction under this Section that results in prohibiting a person from owning a Dog, and annually thereafter, the person may request in writing to the Police Chief that any limitations imposed by the City be reviewed. The City may consider such facts as the seriousness of the violation or violations that led to the prohibition, any criminal convictions, or other facts that the City deems appropriate. The City may rescind the prohibition entirely or rescind it with limitations. The City also may establish conditions a person must meet before the prohibition is rescinded, including, but not limited to, successfully completing dog training or dog handling courses. If the City rescinds a person's prohibition and the person subsequently fails to comply with any limitations imposed by the City or the person is convicted of any animal violation including, Dog attacks or unprovoked bites by a Dog owned or under his or her control, the City may permanently prohibit the person from owning a Dog in this state. O. Penalties. Unless stated otherwise, any person who violates a provision of this Subdivision is guilty of a misdemeanor or where provided by state law a gross misdemeanor, or alternatively, or in addition to, may be charged an administrative penalty which has been adopted by the City Council by Ordinance. Subdivision 8. Dogs or Cats Disturbing the Peace It is unlawful for any person to keep or harbor a Dog or cat which barks, cries, squeals, howls or meows, excessively, continuously or in an untimely manner. The phrase "barks, cries, squeals, howls or meows, excessively, continuously or in an untimely manner" includes, but is not limited to, the creation of any noise by any Dog or cat which can be heard by any person, including a law enforcement officer or animal control officer, from a location outside of the building or premises where the Dog or cat is being kept, and which noise occurs repeatedly over at least a five (5) minute period of time, with a thirty (30) second or less lapse of time between each animal noise during the five (5) minute period. Subdivision 9. Interference With Officers It is unlawful for any person to take or attempt to take from any person authorized under the terms of this Section, any Dog or cat taken up in compliance with this Section or in any manner to interfere with or hinder such person in the discharge of his or her duties under this Section. Subdivision 10. Offenses; Tags It is unlawful to counterfeit, attempt to counterfeit or alter the tags provided for in this Section or to give false information concerning vaccination requirements under this Section, or take from any Dog or cat, a tag legally placed upon it by its Owner with the intent to place it upon another pog or cat, or to place such tag upon another pog or cat. Subdivision li. Quarantine of Dogs and Cats A. Whenever any person owning, harboring or maintaining a Dog or cat learns that such animal has bitten any human being, such person shall immediately impound said animal at such person's expense in a licensed veterinary hospital of such person's choice and shall also immediately notify the Police Department. If, however, such person submits unequivocal proof to the Pollce Department that said animal was efFectively vaccinated in accord with this Section or approved veterinary practice at the time of said bite, the animal shall be securely quarantined at the residence of the Owner or in such other manner as the Police Department, in its discretion, may direct. B. The Police Department when informed that a Dog or cat has bitten any human being shall ascertain the identity of such animal and the person owning, controlling, or harboring it and shall immediately direct such person to immediately quarantine such animal in the manner set forth above. In the case of stray animals, or in the case of animals whose ownership is not known, such quarantine shall be at a shelter designated by the Police Department. C. Any Dog or cat which has bitten a human being shall be securely quarantined continuously for ten (10) days in the manner described above and shall not be released from such quarantine except by written permission of the Police Department. The Owner or person harboring such animal during confinement shall immediately notify the Police Department of any evidence of sickness or disease in the animal during its period of confinement. D. Upon demand made by the Police Department as contemplated above, the Owner or person harboring said Dog or cat shall immediately comply with , any such demand. Said animal may be reclaimed or released from quarantine to the Owner or possessor of the animal if it is adjudged free of rabies by a licensed veterinarian, and upon payment of the license fee authorized by this Section, and compliance with all other stated requirements. Subdivision 12. Muzzling of Dogs Whenever the prevalence of rabies renders such action necessary to protect the public health and safety, the Mayor shall issue a proclamation ordering every person owning or keeping a Dog to confine it securely on the premises of such person unless it is muzzled so that it cannot bite. No person shall violate such proclamation, and any unmuzzled Dog running at large during the time fixed in the proclamation shall be destroyed by the police either with or without notice to the Owner, such notice to be at the discretion of the police. Subdivision 13. Leashing No person having the custody or control of any Dog or animal of the Dog kind shall at any time permit the same to be on or in other than land owned, leased, or occupied by the person having the custody or control of such Dog or animal of the Dog kind, without being effectively restrained by leash or command control as herein set forth, from going beyond such unfenced area or lot; nor shall any person having the custody or control of any Dog or animal of the Dog kind permit the same at any time to be on any street or public place without being effectively restrained by chain or leash not exceeding six (6) feet in length, unless accompanied by and under the control and direction of the person having control or custody so as to be as efFectively restrained by command as by a leash. Subdivision 14. Running at Large The Police Department shall take up and impound any Dog or cat or animal of the Dog kind running at large in violation of this Section. Subdivision 15. Limit on Number of Dogs and Cats Not more than three (3) Dogs and three (3) cats are to be maintained on any lot or in any residence except that one (1) litter of pups or kittens in excess of the above number may be kept up to an age of ninety (90) days. Subdivision 16. Kennels A. Defined. For the purpose of this Subdivision, the term "kennels" means any place, building, tract of land, abode or vehicle, wherein or whereon three (3) or more Dogs or cats, over ninety (90) days of age, are kept, kept for sale, or boarded. B License Required. It is unlawful for any person to operate or maintain a kennel without a license therefor from the City. C. License Fee. The annual fee for a kennel license shall be established by the City Council and adopted by Ordinance. D. Exception. Hospitals and clinics operated by licensed veterinarians exclusively for the care and treatment of animals and the Animal Humane Society are exempt from the provisions of this Subdivision. Subdivision 17. Humane Treatment of Dogs and Cats Every person shall provide any Dog or cat of which such person has control, suf- ficient and proper food, water, shelter and veterinarian care. No person shall poison, overwork or mistreat or in any way further any act of cruelty to any Dog or cat whether belonging to such person or another. No person shall abandon any Dog or cat of which such person has control. Subdivision 18. Mediation In addition to, but not to the exclusion of, any criminal prosecution by reason of violations of this Section, either party involved in an alleged violation may request a mediation meeting with all other afFected parties and a representative of the Police Department. Such a request shall be addressed to, and said meeting shall be arranged by, the Police Department. Subdivision 19. Restrictions on Dogs and Cats No Owner shall permit such Owner's Dog or cat to damage or foul any lawn, garden or other property. Subdivision 20. Enforcement Licensed police ofFicers, reserve ofFicers, and community service officers, employed by the Police Department are authorized to issue citations for the violation of this Section. Section 3. If any section, subsection, sentence, clause, phrase, word, or other portion of this ordinance is, for any reason, held to be unconstitutional or invalid in whole, or in part, by any court of competent jurisdiction, such portion will be deemed severable and such unconstitutionality or invalidity will not affect the validity of the remaining portions or this law, which remaining portions will continue in full force and effect. Section 4. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and City Code Chapter 6, Section 10.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This ordinance will be effective upon passage and publication in accordance with law. Adopted by the City Council this 1st day of November, 2011. /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/Susan M. Virnig Susan M. Virnig, City Clerk