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11-15-11 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber November 15, 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 Human Services Foundation 2012 Allocation Report 3 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 - Council/Manager Meeting - October 12, 2011 4-5 B. Approval of Check Register 6 C. Licenses: 1. General Business Licenses 7 2. Gambling License Exemption and Waiver of Notice Requirement - Good 8-11 Shepherd Church D. Minutes of Boards and Commissions: 1. Bassett Creek Watershed Management Commission - September 15, 2011 12-18 E. Bids and Quotes: 1. Vactor Truck - Quotes 19-20 F. Authorization to Sign Agreement with Hammel Green & Abrahamson, Inc. for 21-32 Security System Plan Design G. Proclamation for 125th Anniversary of the Founding of the City 33-34 H. Call for Administrative Hearing -Alcohol Compliance Check Violation - Chipotle 35-37 Mexican Grill - 12/6/11 11-62 4. PUBLIC HEARINGS 7 PM A. Public Hearing - Authorization of Municipal Consent for pouglas Drive Layout 38-39 between Highway 55 and Medicine Lake Road 11-63 B. Public Hearing -Amendment to General Land Use Plan Map - Re-designating 40-52 Properties between Harold Avenue, Winnetka Avenue, Olson Memorial Highway and Spirit of Hope Methodist Church from Medium High Density Residential to Low Density Residential and Re-designating Properties between Harold Avenue, Glenwood Avenue, Olson Memorial Highway and Spirit of Hope Methodist Church from Medium Low Density Residential to Low Density Residential 11-64 C. Public Hearing - First Consideration - Ordinance #474 -Amending Section 6.34, 53-55 Subdivision 13B, Administration Civil Penalties: Tobacco Licensee 5. OLD BUSINESS A. Second Consideration - Ordinance #473 -Amending Section 10.30, Regarding 56-74 Discontinuance of Dog Licensing Requirement (Except for Dangerous and Potentially Dangerous Dogs) 6. NEW BUSINESS A. First Consideration - Ordinance #475 - Establishing A 2012 Master Fee Schedule 75-94 B. Announcements of Meetings C. Mayor and Council Communications 7. ADJOURNMENT Council/Manager Meeting Minutes October 11, 2011 Present: Mayor Loomis and Council Members, Freiberg, Pentel, Scanlon and Shaffer, City Manager Tom Burt, Finance Director Sue Virnig, Director of Parks and Recreation Rick Jacobson, Commander Nathan Gove, Director of Public Works Jeannine Clancy, City Engineer Jeff Oliver, Public Works Maintenance Manager Burt Tracy, Public Works Project Coordinator Ron Nims, Engineering Technician Mark Ray. Also present was consultant Jupe Hale, WSB &Associates and Administrative Assistant Lisa Wittman. The meeting began at 6:38 pm in the Council Conference Room. Tobacco Compliance Check Failure Penalties Commander Gove stated that the Police Department is looking for clarification from the Council regarding the penalties for establishments that fail compliance checks. He explained that the current language in the City Code stating that a fine "not to exceed" a certain dollar amount and licenses shall be suspended for "not less than" a certain number of days is unclear. The Council discussed past penalties for various establishments that failed compliance checks and came to the consensus that the fine for a first violation will be $500 and a 5- day license suspension. The fine for a second violation will be $750 and a 15-day license suspension. The fine for a third violation will be $1,000 and a 30-day suspension and the fine for a fourth violation will be revocation of the license for one year. Tom Burt stated that he would have staff work on clarifying the language in the City Code and bring a revised ordinance to a future Council meeting. Accessibility, Design, Policy and Implementation Manual for Public Rights-of-Way Jeff Oliver explained that the United States Access Board, the U.S. Department of Transportation and the U.S. Department of Justice have released new regulations and standards relating to the accessibility of public facilities for pedestrian traffic. He stated that staff is looking for Council feedback on the draft Accessibility, Design, Policy and Implementation Manual that staff has prepared. The Council asked questions regarding the requirements for signage and discussed the priority areas throughout the City. Tom Burt noted that this policy will be considered at a future City Council meeting. Proposed Amendments to Snow Plowing and Ice Control Policy for City Streets, Alleys, Parking Lots, Trails and Sidewalks Jeannine Clancy stated that staff has put together a policy, based on recommendations from the League of Minnesota Cities, that combines the City's current Snow and Ice Control Policy and its policy for winter maintenance of trails and sidewalks. The Council discussed damage to mailboxes caused by snow plows and the enforcement of this policy. After discussion the Council consensus was to consider this policy at their next regular Council meeting. Council/Manager Meeting Minutes October 11, 2011 — Page 2 Douglas Drive Project Update Jeannine Clancy introduced Jupe Hale of WSB & Associates, who came to the meeting to update the Council on the status of the Douglas Drive project. He discussed meetings that have been held with property owners whose property will be impacted by the project and comments received at the open house held on October 5. The Council asked questions about landscaping and maintenance in the center of the proposed roundabouts, pedestrian navigation, stormwater mitigation opportunities and access issues affecting some of the properties. Clancy referred to the ne� steps in the process including the official presentation of the preferred layout to the Council at its November 15 meeting, and continuing to work with Hennepin County, MnDOT, the Federal Highway Administration and Xcel regarding acquisition, funding and relocation of utilities. The Council requested that a map of the proposed design and important dates in the process be put on the website. 2012-2013 Proposed Budget— Other Funds The Council reviewed the proposed budgets for the Water and Sewer Utility Fund, the Storm Sewer utility Fund and the Vehicle Maintenance Fund. Staff addressed Council questions. After discussion and several questions, no significant changes were requested. 2012-2016 Capital Improvement Program Sue Virnig explained that the proposed CIP would go to the Planning Commission for review at its second meeting in October and would come back to the Council at its November Council/Manager Meeting with comments from the Planning Commission. They discussed the expenses related to the Douglas Drive improvements and the impact it may have on future projects. The meeting adjourned at 8:12 pm. Lisa Wittman Administrative Assistant ��t = ��- � � _, ,,� i��iG� . O .� � (� Finance , v 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting November 15, 2011 Agenda Item 1. B. Receipt of Human Services Fund 2012 Allocation Report Prepared By Jeanne Fackler, Senior Program Coordinator Summary The Human Services Fund (HSF) met on Monday, September 12 to review funding requests from nine organizations. The following requests were received and approved by the HSF for allocation at the October 10 meeting: Amount Amount Organization Requested Allocated Community Mediation $2,500 $1,500 Greater Minneapolis Crisis Nursery 10,000 5,000 Human Services, Inc./Crisis Connection 2,500 2,000 Home Free 2,500 2,500 Jewish Family & Children's Services 8,000 3,500 NW Suburban Dinner at Your poor 7,000 7,000 PRISM 10,000 10,000 Senior Community Services HOME Program 6,000 5,000 Senior Community Services Outreach 4,500 3,500 Tree House 5,000 5,000 TOTAL 58 000 45 000 Connie Sandler, Chair, will be at the meeting to review the Allocation Report and recap the 2011 activities. Recommended Action Motion to receive and file the 2012 Allocation Report and approve notifying the nine organizations of their 2012 allocation amount. C �--::. ����3�'� ���� h��rp ; �� Finance ��` � ����� � � 763-593-8013/763-593-8109 (fax) w�� Executive Summary For Action Golden Valley City Council Meeting November 15, 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. �+,� : ,, � . P Inspections 0 ` _K��� V 763-593-8090/763-593-3997 (fax) Executive Summary For Action Golden Valley City Council Meeting November 15, 2011 Agenda Item 3. C. 1. General Business Licenses Prepared By Kathryn Pepin and Jill Lund, Administrative Assistant Summary As per City Code, some businesses are required to be licensed by the City. Listed below are the License Number, Applicant, License Type and Fee of those who have submitted an application for approval. #4946 Walgreen Company Retail Tobacco Sales $275.00 d/b/a Walgreens #13841 2500 Winnetka Avenue North #4947 Linn Retail Centers, Inc. Retail Tobacco Sales $275.00 d/b/a Golden Valley BP 600 Boone Avenue North #4940 Linn Retail Centers, Inc. Gas Station 12 Nozzles $350.00 d/b/a Golden Valley BP 600 Boone Avenue North Recommended Action Motion to authorize the issuance of licenses as recommended by staff. G � ;� � �:; a,������� a O� ��� �' �° City Administration/Council �� �, e 763-593-8006/763-593-8109 (fax) h.t!� Executive Summary For Action Golden Valley City Council Meeting November 15, 2011 Agenda Item 3. C. 2. Gambling License Exemption and Waiver of Notice Requirement - Good Shepherd Church 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 Good Shepherd Church 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 Good Shepherd Church. hfinnesota Lawfu/Gamb/ing Page 1 of 2 �r�� LG220 Application for Exempt Permit Application fee If ap I�ica ' An exempt permit may be issued to a nonprofit organization that: fess 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 chec�� g Organization name Previous gambling permit number C�od 5 I��G� �-�lu� . Cl�°! Minnesota tax ID number, if any federal employer ID number, if any � 10�� � � Type of nonprofit org �zation. Check one. � Fraternai �eligious � Veterans � Other nonprofit organization Mailing address �ity State Zip Code County � � S. �( � M� 5� t�n n Name of chief ex cutive officer (CEO) Daytime pho e number Email address � � �bt C.0 �1�3��t���b �� -�c� �C� �,�dav.O l Attacha copy o�of the ollowing for proof of nonprofit status. Do not attach a sales tax exempt status or federal employer ID number as they are not proof of nonprofit status. �onprofit Articles of Incorporatfon OR a current Certificate of 600d Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State,Business Services Div.,180 State Office Building,St.Paul,MN 55355 Phone: 651-296-2803 �RS income tax exemption[501(c)]lette�in your organizallon's name. Don't have a wpy? To obtain a copy of your federal income tax exempt letter,have an organization o�cer contad the IRS at 877-829-5500. �IRS-Affiliate of national,statewide,or international parent nonprofit orqanization(charter) If your organization falls under a parent organization,attach copies of b.Oth of the following: a. IRS letter showing your parent organization is a nonprofit 501(c)organization with a group ruling,and b. the charter or letter from your parent organization recognizing your organizatlon as a suborciinate. GAMBLING PREMISES INFORMATION Name of remises where the gambling event will be conducted. For raffles,list the site where the drawing wilf take place. S c Address (do not use P0 ox) City or township Zip Code County i � �Jec �re S . Go�, �a I l� SS��b N�, � Date(s) of activity(for�afFles,indicate the date of the drawing) '� �. � 0101 Check the box or es t at indicate the pe of gambling activity your organization will conduct: Bingo* Raffles Paddlewheels* Pull-Tabs* Tipboards* * Gambling equipment for pull-tabs, bingo paper,tipboards,and paddlewheels must be obtained from a distributor licensed by the Gambling 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 cail 651-639-4000. LG220 Application for Exempt Permit Page 2 of 2 5/11 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT If the gambling premises is within city limits, If the gambling premises is located in a township, a a city o�cial must check the action that the city is county official must check the action that the County is taking on this application and sign the application. taking on this application and sign the application. A township otficial 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(s acknowledged with a 30 day waiting period,and allows the Board to issue a waiting period,and aliows the Buard to issue a permit after 30 days(60 days for a lst class city). permit after 30 days. The application is denied. The application is denied. Print county name Print city name (��ol�'�n ������ On behalf of the county, I acknowiedge rhis appUcation. Signature of county personnel receiving application On b of the city, I acknowiedge this application. Si 'atu of ' y pers nel re ei 'ng application / Title Date Title Date `/ � � � (Optional) TOWNSHIP: On behalf of the townshlp,I acknowledge that the organization is applying for exempted gambling adivity wlthin the township/imlts. [A township has no sWtutory authority to approve or deny an application[Minnesota Statute 349.166)] Printtownship name Signature of township official acknowledging applitation Title Date CHIE� EXECUTIVE OFFICER'S SIGNATURE The information provided in this applicatfon is complete and accurate to the trest of my knowledge. I acknowiedge that the �inancial report wfll be tompleted and returne�to th oard within 30 days of the date of our gambling activity. Chief executive officer's signature �,__Date �� `a��� Complete a separate application for each gambling event: Financial report and recordkeeping • one day of gambling activity requi�ed • two or more consecutive days of gambling activity A �nanciel report form and instructions will • each day a raffie drawing is held be sent with your permit, or use the online Fil-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, compiete and return the • application fee for each event financial report form to the Gambling Make check payable to "State of Minnesota." Control Board. Questions? To: Gambling Control Board Calt the Licensing Section of the Gambiing 1711 West County Road B, Suite 300 South Control Board at 651-639-4000. Roseviile, MN 55113 This form will be made availabie in aibemative format(i.e.large print,Braiile)upon request. Data privac�r noti�: 7he information Your organization's name and p����about your organization arp available requested on this form (and any address will be pubik information to: 8oarc1 members,Board staff whose wo�lc atbchmerrts)will be used by tl�e Gambting when reoeived by tlie Board. AII �quires access to t4�e informatlon;Minnesota's Control Board(Board)to determine your other infortnation provided wili be pepartment of Publk Safety;Attomey General; organization's qualificaUo�s to be involved private data about your Commissioners of Administration, Minnesota in lawfvl gambling activities in Minnesota. organization untii the Board Management 8�Budget,and Revenue;Legislative Yaur organization haS the Nght to refuse ta issues the permit. When the Auditor, national and intemational qambling supply the information; howeve r, if your Soard issues the permit,ail �gulatory agenaes;anyone pursuant to court organizatian refuses to supply this information provided wlit beoome �r, other individuals and agendes spedficaAy information, the Boar+d may not be able to public. if the Board does not aud�orized by state or federal law to have aeoess debermine your oogan'izatlon's quallfications issue a permit,ali information � ������;individuals and agendes for and,as a consequenbe,may refuse to issue provided remains private,wlth the ��iaw or legal order authorizes a new use or a pertnit. If your orc�anization supplies d�e exception �your organization's sharing of information after this notice was given; information requc+�ted,the Board will be name and address which wil� and anyo�with your written oonsent. able to process your organizatian's remain publk. application. ����� G S GOOD CATNOLIC CHURCN & SCHOOL Rooted in tradition ... growinq in faith. November 2, 2011 Golden Valley City Offices 7800 Golden Valley Road Golden Valley,MN 55427 RE: Tuition Raffle,February 4, 2012 ATTN: Mayor and City Council In reference ta our application for Exemption from Lawful Gambling License,the Activities Committee of the Church of the Good Shepherd requests that you waive the usual 30 days waiting period, Thank you for your cooperation. Sincerely, � J` kie Zellmer Business Administrator 145 Jersey Avenue South, Golden Valley, MN 55426 Church Office: 763.544.0416 FAX: 763.544.9896 www. goodshepherdgv. org BCWMC September 15,2011,Meeting Minutes 8��,��t �reek Wat�rshed lYIanag�ment C+ammxss�an : l�inu��sx a�f the�eetin�.vf;�ept��ber 15, 2011 1. C�LL T[�Q1�D�12 :;" The Bassett Creek Watershed Management Commission(BCWIVIC)was called to order at 11:43 a.m.,on Thursday,September 15,2011,at Golden Valley City Hall by Chair Loomis.Ms.Herbert called roll. ROLL CALL Crystal Commissioner Pauline Langsdorf Administrator Geoff Nash Golden Valley Commissioner Linda Loomis,Chair Counsel Charlie LeFevere Medicine Lake Commissioner Ted Hoshal Engineer Karen Chandler Minneapolis Alternate Commissioner Lisa Goddard Recorder Amy Herbert Minnetonka Commissioner Jacob Millner New Hope Commissioner John Elder Plymouth Commissioner Ginny Black,Vice Chair Robbinsdale Commissioner Wayne Sicora St.Louis Park Commissioner Jim de Lambert,Secretary Also present: Laura Adler,BCWMC Technical Advisory Committee,City of St.Louis Park Derek Asche,BCWMC Technical Advisory Committee,City of Plymouth John Barten,Three Rivers Park District Rick Bresch,Three Rivers Park District Pat Byrne,BCWMC Technical Advisory Committee,City of Minneapolis Terrie Christian,Area of Medicine Lake Area Residents William Crouch,Golden Valley resident Wayne DiCasiri,Chaska resident Dave Hanson,Alternate Commissioner,City of Golden Valley Gary Holter,Association of Medicine Lake Area Citizens Sharon Janzen,Golden Valley resident Richard McCoy,BCWMC Technical Advisory Committee,City of Robbinsdale Jeff Oliver,BCWMC Technical Advisory Committee,City of Golden Valley Dan Parks,Westwood Professional Services 1 DRAFT-BCWMC September 15,2011,Meeting Minutes Chuck Phillips,Canadian Pacific Railway Zach Pontzer,EKS Jay Rendall,Minnesota Department of Natural Resources Bryan Ripp,Mced and Hunt Liz Stout,BCWMC Technical Advisory Committee,City of Minnetonka Allen Ward,Golden Valley resident Andrea Weber,Minneapolis Park and Recreation Board , , ,. �:AFPR4��L�?k'AG�l�ti?A°AND CONSENT AGEI�TDA` ! , Administrator Nash requested that the Commission move agenda item 6E—Certi�cation of Levy to Hennepin County—so that it would directly follow agenda item 6A—Resolution 11-08—Resolution Approving and Adopting Major Plan Amendment.Commissioner Goddard moved to approve the Agenda as amended and the Consent Agenda.Commissioner Elder seconded the motion.The motion carried unanimouslv with nine votes in favor. ';:� � � �,. . . ... � 3. G�T3�E1�'Il�TPCIT�11'�l�T(}N-AC's�1�TD1�"ITEM� ;, Ms.Terrie Christian of the Association of Medicine Lake Area Citizens requested time to speak about prevention of aquatic invasive species,particularly zebra mussels,under the Commission's agenda item 6G —Aquatic Invasive Species/Zebra Mussel Monitoring in Bassett Creek Watershed. ' 4, ADMII�tI�TI�ATI�1�1: , 4A.Presentation of August 18,2011,Meeting Minutes.The meeting minutes were approved as part of the Consent Agenda. 4B.Presentation of Financial Statements.The BCWMC's September 2011 financial report was approved as part of the Consent Agenda. The general and construction account balances reported in the September 2011 Financial Report are as follows: Checking Account Balance $512,882.58 TOTAL GENERAL FUND BALANCE $512,882.58 TOTAL CONSTRUCTION CASH& $2,530,802.70 INVESTMENTS Investment due 9/16/2015 $512,059.83 TOTAL ON-HAND CONSTRUCTION $2,521,792.96 CASH&INVESTMENTS 2 DRAFT-BCWMC September 15,2011,Meeting Minutes CIP Projects Levied—Budget Remaining ($2,488,188.12) Closed Projects Remaining Balance $33,604.84 2011 Anticipated Tax Levy Revenue $444,068.08 4C.Presentation of Invoices for Payment Approval. i. Kennedy&Graven—Legal Services through July 31,2011—invoice for the amount of$1,960.54. ii. Barr Engineering Company—Engineering Services through August 16,2011—invoice for the amount of$35,255.03. in. Watershed Consulting,LLC—Geoff Nash Administrator Services through August 31,2011— invoice for the amount of$3,989.08. iv. Amy Herbert—August Secretarial Services—invoice for the amount of$3,457.98. v. D'amico-ACE Catering—September BCWMC meeting catering—invoice for the amount of $285.51. vi. Finance& Commerce—Public Hearing Notice publication—invoice for the amount of$158.71. vii. Shingle Creek Watershed Management Commission—WMWA Expenses to 9/6/11—invoice for the amount of$806.95. Commissioner Black moved to approve payment of all of the invoices. Commissioner Elder seconded the motion.By call of roll the motion carried unanimouslv with nine votes in favor. 4D.BCWMC Budget Committee Recommendations for the Remaining BCWMC Fiscal Year 2011 Budget and Scheduled/Anticipated Work. Commissioner Black summarized the Budget Committee's discussion about potential changes to the BCWMC's�scal year 2011 budget and provided the Committee's recommendations for changes. Commissioner Black asked Barr Engineering for clarification on the comments it submitted to the Committee regarding possible savings in the Engineer's meeting preparation budget.Ms. Chandler provided the requested information and stated that the Commission Engineer's estimation is that the Commission could save in the range of$2,500 to$5,000 in the Engineer's meeting preparation and attendance budget.Ms.Chandler noted that if the Commission decides to cancel one of its remaining 2011 Commission meetings the action would provide cost savings but the work pile up could cause the meeting preparation and attendance for the meeting before or after the cancelled meeting to be higher than the meeting preparation and attendance costs for one regular meeting. Chair Loomis stated that the Commission doesn't need to take action today to amend its budget if the Commission wants to have time to think about it but she added that at some point the Commission should probably amend its 2011 budget to move forward with some of the modi�cation presented today. She announced that the BCWMC received the resignation of Administrator Geoff Nash,effective September 21,2011. Chair Loomis said that the proposed budget changes may be in flux because of the 3 DRAFT-BCWMC September 15,2011,Meeting Minutes news that the Administrator has taken on a new position.She reported that she and Administrator Nash have discussed that he will try to get some items wrapped up before he starts his new position.She asked that Administrator Nash create a list for the Commission that would document all the items he thinks he could take care of before he leaves as well as the items he will need to leave unfinished that will need to be picked up. Commissioner Black moved to amend the BCWMC's 2011 budget by reducing the Water Quality/ Monitoring line item by$4,000,redncing the Water Quantity line item by$2,500,zeroing out the watershed inspections,zeroing out the annual tlood control inspections,and zeroing out the municipal plan review.Commissioner Elder seconded the motion.The motion carried with eight votes in favor of the motion and one vote against the motion[Commissioner Hoshal of Medicine Lake]. Commissioner Elder reqnested that as the year moves on the Commission evaluate whether it should cancel its December 2011 meeting. Chair Loomis asked the Commission to give direction to staff to have the Administrator work with the Commission Engineer to transfer tasks that may still be left unresolved.She said she didn't know who else would do it if the Commission doesn't ask Barr Engineering to do it.Commissioner Black moved to direct the Administrator to work with Barr Engineering and the Recording Secretary to transfer any unfinished duties to the appropriate staff.Commissioner Elder seconded the motion.The motion carried ananimously with nine votes in favor. Commissioner Elder volunteered to continue being part of the group working on revising the budget document and asked to be informed when the group tries to coordinate its next meeting. 4E. Resolution 11-07—A Resolution of Appreciation for the Services of A1 Sarvi as BCWMC Alternate Commission from the Gity of New Hope.Commissioner Black moved to approve Resolution 11-07.Acting Commissioner Goddard seconded the motion.The motion carried unanimouslv with nine votes in favor. 5.PUBI�IC HEARING ` �, � Prior to opening the public hearing Chair Loomis asked Ms. Chandler to conduct presentations on both proposed projects that are part of the public hearing:Bassett Creek Main Stem Restoration Project from Irving Avenue North in Minneapolis to Golden Valley Road in Golden Valley for 2012 and the Wirth Lake Outlet Structure Modification Project.Ms.Chandler made the presentations. Chair Loomis opened the public hearing and called for comments.Seeing no one come forward to offer comments and hearing no comments,Chair Loomis closed the public hearing. � d,l�W��USINES� .:� � ` . A. Resolution 11-08—Resolution Approving &Adopting Major Plan Amendment.Mr.LeFevere read Resolution 11-OS aloud to the Commission.Commissioner Black moved to approve Resolution 11- 08 approving and adopting the Major Plan Amendment.Acting Commissioner Goddard seconded the motion.The motion carried unanimouslv with nine votes in favor. E. Certification of Levy to Hennepin County. Commissioner Black moved to approve certifying the levy in the amount of$762,010.00 to Hennepin County. Commissioner Elder seconded the motion.The motion carried unanimouslv with nine votes in favor. 4 DRAFT-BCWMC September 15,2011,Meeting Minutes B. Resolution 11-09—Resolution Ordering 2012 Improvements and Designating Members Responsible for Construction of the Main Stem Restoration and the Wirth Lake Outlet Structure Modification Projects. Commissioner Black moved to approve Resolution 11-09. Commissioner de Lambert seconded the motion.The motion carried unanimouslv with nine votes in favor. G Cooperative Agreement—Main Stem Restoration Project,Irving Avenue to Golden Valley Road. Chair Loomis requested that the item be tabled to allow the City of Minneapolis,the City of Golden Valley,and Commission staff more time to discuss the agreement.Commissioner Black moved to table the item until the Commission's October meeting. Commissioner de Lambert seconded the motion.The motion carried unanimouslv with nine votes in favor. D. Cooperative Agreement for Wirth Lake Outlet Structure Modi�cation Project. Chair Loomis requested that the item be tabled to allow the City of Golden Valley more time to review the agreement. Commissioner Elder moved to table the item until the Commission's October meeting. Commissioner Black seconded the motion.The motion carried unanimouslv with nine votes in favor. F. Presentation by City of Golden Valley on Plans for Ed Silberman Memorial at Schaper Park. Golden Valley City Engineer Jeff Oliver presented the preliminary ideas for the Ed Silberman Memorial at Schaper Park in Golden Valley.He said that the City anticipates the dedication of the memorial would occur in spring 2012. G. Aquatic Invasive Species/Zebra Mussel Monitoring in Bassett Creek Watershed.Administrator Nash reminded the Commission that it scheduled this agenda item based on a request from the Association of Medicine Lake Area Citizens(AMLAC).John Barten oF the Three Rivers,Park District, Terrie Christian of AMLAC,Gary Holter of AMLAC,and Jay Rendall of the Minnesota Department of Natural Resources provided information about different aspects of zebra mussels and the means by which they spread from water body to water body,prevention tools being used around Medicine Lake including measures being used to monitor the boat launches of Sweeney Lake,the desire for further prevention measures around the boat launches on Medicine Lake,action and policy statewide,and training and grant opportunities available in Minnesota. The Commission questioned what type of action AMLAC was asking the Commission to take and Ms. Christian responded that AMLAC would like the Commission to help as a local entity to prevent the spread of zebra mussels.Commissioner Hoshal said that he thought it would be helpful for the Commission to review the City of Minneapolis'zebra mussels control plan.The Commission asked him to forward the link to the document to Ms.Herbert and directed Ms.Herbert to distribute it via e-mail to the Commission. Commissioner Elder said he would like the Commission to have a conversation with the Three Rivers Park District before the Commission takes any action.The Commission agreed and decided that it would invite the Three Rivers Park District to a future Commission meeting.Commissioner Elder said that he could work with Ms.Herbert to coordinate inviting the TRPD to a future meeting. H. Crossroad Commons: Plymouth.Ms.Chandler explained that this project is in the City of Plymouth in the Medicine Lake Watershed and is located south of Highway 55 and west of County Road 73.She said that the project is in front of the Commission because the project proposes an underground infiltration basin.She stated that the two-phase project includes the demolition of the e�sting shopping center and frontage road,the construction of a new frontage road and two buildings,and includes eight acres of grading. 5 DRAF"1'-BCWMC September 15,20ll,Meeting Minutes Ms. Chandler answered many questions about the proposed infiltration system.Commissioner Hoshal asked if there was a potential to daylight the stream on the site as part of this project.Mr.Dan Parks of Westwood Professional Services,the developer's engineer,answered many specific questions about soils,location of the underground infiltration system in relation to the water table,and maintenance of the infiltration system,namely who would maintain it.Mr.Parks commented that his latest information was that the City would maintain it but Mr.Asche of Plymouth said that he would need to confirm the maintenance plan with its staff. [Commissioner John Elder departs the meeting.] Commissioner Black moved to approve the project with the Engineer's recommendations and two additional conditions: 1. The estimated phosphorous removal is calculated for the project. 2. The developer investigates the possibility of daylighting the creek. Commissioner Sicora seconded the motion.The motion carried with seven votes in favor[Cities of Crystal,Golden Valley,Minneapolis,Minnetonka,Plymouth,Robbinsdale,and St.Louis Park],one vote against[City of Medicine Lake],and one vote absent[City of New Hope]. I. Canadian Pacific Railway Bridge Replacement: Minneapolis.Ms. Chandler explained that the project is the construction of a new bridge a short distance from the existing bridge and the removal of the old bridge.She said that the project is in front of the Commission because the project includes work in the flood plain.Mr.Chuck Phillips of Canadian Paci�ic Railway answered the Commission's speci�c questions about the project.Commissioner Goddard moved to approve the project with the Commission Engineer's recommendations.Commissioner Sicora seconded the motion.The motion carried unanimouslv with eight votes in favor[City of New Hope absent from vote]. J. 1200 Angelo Drive Shoreline Restoration: Golden Valley.Ms. Chandler said that the project is in front of the Commission because it proposes work in the floodplain.Ms. Chandler said that the project will involve work along approximately 100 feet of shoreline and will include grading,restoration of native plants,and installation of beach sand. Commissioner de Lambert moved to approve the proposed project. Commissioner Hoshal seconded the motion.The motion carried unanimouslv with eight votes in favor[City of New Hope absent from vote]. 7. �LD BUS��S A. Clean Water Fund Grant Application Update.Administrator Nash asked that Barr Engineering be the mafn contact in the grant application for the 2012 Main Stem project.He said that the grant application will be ready to go by the time he is ready to leave the Commission and commented that the deadline for the grant application is September 20th. The Commission discussed the idea of a grant application for financial incentives for best management practices and decided that the Commission does not have the funds to expend on staff time to prepare the grant application.The Commission took no action on the item. B. Draft BCWMC Policy Manual.The Commission deferred this item to a future meeting. 6 DRAFT-BCWMC September 15,2011,Meeting Minutes $.��.1MMUI�I�CA.T�QN� � � �$;�, ; , ; ;' ` ;` , ' '; Chair: 1. Chair Loomis reported that she received a letter of resignation from the Administrator and that his last day will be September 20`h.She recommended that the Commission pass this issue back to the Administrative Services Committee to make some recommendations to the Commission next month on where the Commission goes from here.The Commission consented. Commissioners: 1. Commissioner Goddard reported on the Powderhorn raingarden project that occurred through Metro Blooms. [Commissioner Goddard departs the meeting.] 2. Commissioner Black moved to direct the Recording Secretary to abbreviate the Commission's minutes and to save the recordings of the meetings for one year.Commissioner Langsdorf seconded the motion. Committees: Education Committee 1. Commissioner Langsdorf said that the Education and Public Outreach Committee has an article ready for publication and recommended that it be published under Chair Loomis' name.The Commission consented. [Jacob Millner departs the meeting.] 9.�DJQt�M�NT ,,, : ,, , , The meeting adjourned at 3:10 p.m. Linda Loomis,Chair Date Amy Herbert,Recorder Date Jim de Lambert,Secretary Date 7 Gat�� : ��` � � ��G��:. � �: o �� � -: � � �a e Pub�;� works 763-593-8030/763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting November 15, 2011 Agenda Item 3. E. 1. Purchase One Vactor and Tandem Axle Cab Chassis Truck Prepared By Jeannine Clancy, Director of Public Works Bert Tracy, Public Works Maintenance Manager Steve Loomis, Vehicle Maintenance Foreman Summary The 2011-2015 Capital Improvement Program Water and Sewer budget includes $390,000 for the purchase of one Vactor truck (W&S-033, page 111). The Vactor 2100 truck and equipment will be equipped with a 15-yard debris body; 1,500 gallons of water; and a 2,000 psi at 90-gallon per minute high pressure hydraulic sewer cleaning pump. Staff utilizes this equipment for cleaning sewers, storm sewer pipes and structures, watermain break excavation, and for hydro excavating. This equipment is essential to the City meeting its National Pollutant Discharge Elimination System (NPDES) permit requirements for pollution prevention and good housekeeping. The 2001 Sterling/Vactor truck meets replacement criteria set forth in the City's vehicle replacement policy and Vehicle Condition Index (VCI). The VCI index is a tool utilized to assess all vehicles and equipment scheduled for replacement and any vehicle/equipment scoring 28 points and above meets the category of"needs immediate consideration." The 2001 Vactor truck due for replacement scored 33 points. The Minnesota Materials Management Division has awarded the following contracts: Contract No. Item Vendor Amount 444494 Vactor 2100 Plus MacQueen E ui ment, Inc. $286,521.00 Trade in 2001 Vactor - 54,900.00) Subtotal 231,621.00 Tax $15,623.94 Vactor Subtotal $247,244.94 Contract Na Item Vendor 31618 Freightliner Truck Cab & I—State Truck Center, Inc. $95,281.25 Chassis Tax $6,550.59 Subtotal $101,831.84 TOTAL PURCHASE $349,076.78 Recommended Action 1. Motion to approve purchase of one 2011 Vactor 2100 Plus from MacQueen Equipment, Inc. in the amount of $247,244.94. 2. Motion to approve purchase of one Freightliner Tandem Axle Cab and Chassis from I-State Truck Center, Inc. in the amount of$101,831.84. �r.�� � � W���������� ��!���� � O �'.�� � e Public Works 763-593-8030/763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting November 15, 2011 Agenda Item 3. F. Authorize Contract with Hammel Green &Abrahamson, Inc. for Professional Services for Design of the City's Security System Plan Prepared By Jeannine Clancy, Director of Public Works Ron Nims, Public Works Project Coordinator Summary The 2011-2015 Capital Improvement Program includes $50,000 funding (B-025, page 63) to perform a security evaluation on all City facilities and to develop a Security Master Plan that will be used to identify the types of security measures that need to be implemented, how the City should proceed with security improvements and the types of equipment that should be used in implementation of the measures. The funding for 2011 also includes $42,000 to implement the first phase of those measures. Staff has received a proposal from Hammel Green &Abrahamson, Inc. (HGA) to develop the Security Master Plan and Security Standards Documents that will be utilized for subsequent implementation of the security systems. HGA wil! also work with staff to provide a phasing plan to implement the improvements. HGA's fee to provide the master plan and standards document is $70,500. A copy of their proposal is attached for Council review. Any funding remaining after the development of these documents could be used to develop bid documents for subsequent implementation of projects or implementation of some of the improvements. Attachments Professional Services Agreement from Hammel Green & Abrahamson, Inc. for evaluation and design of security improvements for City-owned facilities (11 pages) Recommended Action Motion to authorize agreement for professional services with Hammel Green & Abrahamson, Inc. for the design of security improvements at City-owned facilities with a cost not to exceed $70,500. PROFESSIONAL SERVICES AGREEMENT This Agreement is made as of the day of ,2011,by and between the City of Golden Valley, hereinafter referred to as City, and Hammel,Green and Abrahamson, Inc. (HGA),hereinafter referred to as Consultant,with offices located at 701 North Washington Ave,Minneapolis,MN 55401. Witnesseth,that the City and Consultant, for the consideration herein named,agree as follows: SECTION 1 /GENERAL CONTRACT SECTION 6/EXHIBITS PROVISIONS The following initialed E�chibits are attached to and These provisions shall be as set forth in Exhibit A. made a part of this Agreement: SECTION 2/SCOPE OF WORK X Exhibit A General Contract Provisions The scope of work to be performed by Consultant is set — forth in Exhibit C. The work and services to be X Exhibit B Definitions performed hereunder and described in Exhibit C shall X Exhibit C Scope of Work be referred to herein and in the Generat Contract X Exhibit D Compensation Provisions as the Project. X Exhibit E Insurance Schedule SECTION 3/COMPENSATION X E�chibit F Rate Schedule Compensation to Consultant for services described in this Agreement shall be as designated in the attached SECTION 7/ACCEPTANCE OF AGREEMENT Exhibit D and as hereinafter described. All work and services described in this Agreement shall be performed by Consultant only after written SECTION 4/WORK SCHEDULE acceptance of the City. The undersigned hereby The anticipated schedule is set forth in Exhibit C. accept the terms and conditions of this Agreement , and Consultant is hereby authorized to perform the SECTION 5/SPECIAL CONDTTIONS services described herein. Special conditions,if any,are as set forth in E�chibit G. • CONSULTANT: Hammel Green&Abrahamson, Inc CITY: CITY OF GOLDEN VALLEY ADDRESS�`. 701 North Washington Avenue ADDRESS: 7800 GOLDEN VALLEY ROAD Minneapolis, MN 55401 GOLDEN VALLEY,MN 55427 By: Leigh Harrison BY: Linda R. Loomis � SIGNATURE: SIGNATURE: TITLE: Principal TITLE: Mayor BY: Thomas D. Burt SIGNATURE: TITLE: Citv Manager Professional Services Agreement EXHIBIT A GENERAL CONTRACT PROVISIONS ARTICLE 1-GENERAL (4) The supplemental Agreement,where applicable. These general contract provisions are incorporated in and become a part of the Agreement to which it is attached between. Hammel,Green As to superseding effect,the attached exhibits shall govern over these and Abrahamson,Inc.(HGA),hereinafrer referred to as Consultant,and general provisions,and the supplemental Agreement,where applicable, the other party to the Agreement,Ciry of Golden Valley,hereinafter shall govem over attached exhibits and these general provisions. referred to as City,wherein the Ciry engages the Consultant to provide certain services more particularly described in Exhibit C, Scope of The Agreement constitutes the entire understanding between the Work. Either party may be hereinafter referred to as party or, Consultant and City. The Agreement supersedes all prior written or collectively,parties.The starting date will commence when authorized oral understanding and may only be amended,supplemented,modified by the City. or cancelled by a duly executed written instnment. ARTICLE 2-CHANGED CONDITIONS ARTICLE 6-RESPONSIBIL(TIES If the Consultant determines that any services it has been directed or A. in order to permit the Consultant to perform the services required requested to perform are beyond the scope as set forth in Exhibit C or under this Agreement,the City shall,in proper time and sequence and that,due to changed conditions or changes in the method or manner of where appropnate to the Project,at no expense to the Consultant: administration of the Project, the Consultant's effort required to perform its services under this Agreement exceeds the estimate which l. Provide available information as to its requirements for the formed the basis for the Consultant's compensation, Consultant shall Projecl. promptly notify the City of that fact. Additional work and additional 2. Guarantee access to and make all provisions for the Consultant to compensation for such work,and the extension of time for completion enter upon public and private lands to enable the Consultant to thereof,shall be set forth in a supplemental Agreement entered into by perform its work under this Agreement. the parties prior to proceeding with any additional work or retated 3. Provide such legal,accounting and insurance counseling services expenditures. Such supplemental Agreement shali be incorporated in as may be required for this Projecl,(such as review of insurance and become a part of this Agreement. certificates, bonding clarifications and legal questions regarding property acquisition or assessment). ARTICLE 3-TERMINATION 4. Notify the Consultant whenever the City observes or otherwise The City may by written notice terminate the Agreement or any portion becomes aware of any defect in the Project. thereof when it is deemed in the City's best interest to do so or the City 5. The Golden Valley City Council or a person or persons is unable to adequately fund payment for the Agreement because of designated, shail act as City's representative with respect to the changes in State fiscal policy, regulation or law. In the event of services to be rendered under this Agreement. The City's termination, copies of plans, reports, specifications, electronic representative shall have the authority to transmit and receive drawing/data files (CADD), field data, notes, and other documents instructions and information and to interpret and define the City's whether wntten, printed or recorded on any medium whatsoever, policies with respect to services rendered by the Consultant. finished or unfinished, prepared by the Consultant pursuant to this 6. Fumish data(and professional interpretations thereo�prepared by Agreement and pertaining to the work or to the Project, (hereinafter or services performed by others,including where applicable, but "Instruments of Service"),shall be made available to the City pursuant not limited to, previous reports,core borings, probings and sub- to Article 4. All provisions of this Agreement allocating responsibility surface explorations, hydrographic and hydrogeologic surveys, or liability between the City and Consultant shall survive the laboratory tests and inspection of samples, materials and completion of the services hereunder and/or the termination of this equipment; appropriate professional interpretations of the Agreement. foregoing data;environmental assessment and impact statements; property, boundary, easement, nght-of-way, topographic and ARTICLE 4-REUSE AND DISPOSITION OF INSTRUMENTS OF utility surveys;property description;zoning,deed and other land SERVICE use restrictions;and other special data. During the course of the work,the Consultant shall(if requested,)make 7. Review all reports, sketches, drawings, specifications and other available to the City copy(ies)of the Instruments of Service. At the documents prepared and presented by the Consultant, obtain time of completion or termination of the work, the Consultant shall advice of legal,accounting and insurance counselors or others as make such Instruments of Service available to the City upon (i) City deems necessary for such examinations and render in writing payment of amounts due and owing for work performed and expenses decisions pertaining thereto within reasonable times so as not to incurred to the date and time of termination,and(ii)fulfillment of the delay the performance by [he Consultant of the services to be City's obligation under this Agreement and such Instruments of Service rendered pursuant to this Agreement. shall become the property of the City. Any use or re-use of such 8. Where appropriate, endeavor to identify, remove and/or Instrumen[s of Service by the City or others without written verification encapsulate asbestos products or materials or pollutants located in or adaption by the Consultant except for the specific purpose intended the project area prior to accomplishment by the Consultant of any will be at the City's nsk and full legal responsibiliry. work on the Project. 9. Provide record drawings and specifications for all existing The City agrees,to the fullest extent permitted by law, to indemnify physical plants of facilities which are pertinent to the Project. and hold the Consultant harmless from any claim, Iiability or cost 10. Where available provide other services,matenals,or data as may (including reasonable attomeys' fees, and defense costs) arising or be set forth. allegedly arising out of any unauthorized reuse or modification of these 1 l. Bear all costs incidental to compliance with the requirements of Instruments of Service by the Ciry or any person or entity that acquires this article. or obtains the reports,plans and specifications from or through the City 12. Provide the foregoing in a manner su�ciently timely so as not to without the written authonzation of the Consultant. Under no delay the performance by the Consultant of the services in circumstances shall transfer of Instruments of Service be deemed a sale accordance with the Contract Documents. by Consultant,and Consultant makes no warranties,either expressed or implied, of inerchantability and fitness for any particular purpose. B. Consultant shall be entitled to rely on the accuracy and Consultant shall cause any contract for work between Consultant and a completeness of information or services fumished by the City or others third party for work under this Agreement to contain the terms and employed by the City. Consultant shall endeavor [o verify the provisions of this Article 4 relating to the Instruments of Service information provided and shall promptly notify the City if the created by such subcontractoc Consultant disco�ers that any information or services fumished by the City is in error or is inadequate for its purpose. ARTICLE 5-AGREEMENT As used herein Agreement means: ART[CLE 7-OPINIONS OF COST (1) The Agreement for engineenng surveying and planning Opinion, if any, of probable cost, construction cost, financial sen�ices; evaluations,feasibiliry studies,economic analyses of altemate solutions (2) These general contract provisions; and utilitarian considerations of operations and maintenance costs (3) The attached exhibits;and provided for are made or to be made on the basis of the ConsultanPs Exhibit A—Genera�Contract Provisions experience and qualifications and represent the ConsultanYs best judgment as an experienced and qualified professional design firm. ARTICLE 15-REVIEW The parties acknowledge,however,that the Consultant does not have It is understood and agreed by the Consultant that the City,through its control over the cost of labor,material,equipment o�services fumished authorized agenu shall be the sole and finai judge of the fitness of the by others or over market conditions or contractors methods of work and its acceptability, and no payment shall be made to the determining their prices, and any evaluation of any facility to be Consultant hereunder until the work shall have been found acceptable constructed or acquired,or work of necessity must be speculative until by the City through its authorized agents. completion of construction or acquisition. Accordingly,the Consultant does not guarantee that proposals, bids or actual costs will not vary The Consultant shall be Iiable for any work done by a subcontractor for from opinions,evaluations or studies submitted by the Consultant. services rendered under this Agreement. The City shall be entitled to pay any such subcontractor directly in its own discretion. ARTICLE 8-[NSURANCE Consultant has procured insurance in the types and amounts set forth in Exhibit E,and shall cause any work subcontracted to a third party to be completed under a subcontract requiring the procurement of insurance ARTICLE 16-INDEMNIFICATION in the types and amounts set forth in Exhibit E. The Consultant further The Consultant agrees, [o the fullest extent permitted by law, to agrees to fumish certificates of the insurance set forth in Exhibit E to indemnify and hold the City,their elected officials,officers,agents and the City, naming the City as an additional insured,not later than ten employees harmless from any damage, Iiabiiity or cost (including (10)days after execution of this Agreement and wili provide the City reasonable attorneys'fees and costs of defense)to the extent caused by with written notice ten(10)days prior to cancellation of the policy or the provision of services, errors or omissions in the performance of any material change in the coverage penod. professional services under this Agreement and those of Consultant, subconsultants or anyone for whom the Consultant is legally Iiable. ARTICLE 9-ASSIGNMENT This Agreement,intended to secure the service of individuals employed The City agrees to the fullest extent permitted by law,to indemnify and by and through the Consultant, shall not be assigned or transferred hold the Consultant harmiess from any damage, liability or cost without written consent of the City. (including reasonable attorneys'fees and costs of defense)to the extent caused by the City's negligent acts,errors or omissions and those of his ARTICLE 10-CONTROLLING LAW or her contractors,subcontractors or consultants or anyone for whom This Agreement is to be governed by the laws of the State of the City is legally liable,and arising from the project that is the subject Minnesota. of this Agreement. ARTICLE 11-NON-DISCRIMINATION Consultant will compiy with the provisions of applicable Federal,State and Local Statutes,Ordinances,and Regulations pertaining to human rights and non-discrimination, and shall cause any contract for work subcontracted to a third party to be completed under a subcontract requiring compliance with Article 11 herein. ARTICLE 12-CONFLICT RESOLUTION In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the City and Consultant agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. ARTICLE 13-CONFIDENTIALITY The Consultant agrees to keep confidential and not to disclose to any person or entity,other than the Consultant's employees,subconsultants and the general contractor and subcontractors,if appropriate,any data and information not previously known to and generated by the Consultant or fumished to the Consultant and marked CONFIDENTIAL by the City. These provisions shall not apply to information in whatever form that comes into the public domain, nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such order is issued by a court,administrative agency or other authority with proper jurisdiction,or if it is reasonably necessary for the Consultant to defend himself or herself from any suit or claim. ARTICLE 14 - LOCATION OF UNDERGROUND IMPROVEMENTS The Consultant and/or his authorized subconsultant will conduct the research that in his or her professional opinion is necessary and will prepare a plan indicating the locations intended for subsurface penetrations with respect to assumed locations of underground improvements. Such services by the Consultant or his or her subconsultant will be performed in a manner consistent with the ordinary standard of care. The City recognizes that the research may not identify all underground improvements and that the information upon which the Consultant relies may contain erzors or may not be completed. The City agrees, [o the fullest extent permitted by law, to waive all claims and causes of action against the Consultant and anyone for whom the Consultant may be legally liable, for damages to underground improvements resulting from subsurface penetration locations established by the Consultant,except that the City does not release the Consultant,its principals,employees,agents and consultants from negligence which causes damage to underground improvements resulting from subsurface penetration locations established by the Consultant. Exhibit A—General Contract Provisions EXHIBIT B DEFINITIONS B.1 "HOURLY BASIS" means that the fee shall be determined by multiplying the number of hours of work performed, times the direct personnel cost for the appropriate labor classification shown on the fee schedule. B.2 "EXPENSES" means costs incurred in the performance of the services described herein or authorized by the City which are not direct personnel costs or overhead costs. Expenses include long distance telephone charges, subconsultant fees, testing costs, outside reproduction and printing costs, equipment rental costs and similar costs. B.3 "IMPROVEMENT PROJECT" means public improvement projects authorized by the City and paid for with public funds. B.4 "INSTRUMENTS OF SERVICE" means the specifications, plans and other documents (including those in electronic form), prepared by Consultant and its subcontractors of this proj ect. Exhibit B—Definitions EXHIBIT C SCOPE OF WORK GENERAL SCOPE OF WORK SERVICES FOR IMPROVEMENT PROJECTS Scope of Work The Consultant will, with City of Golden Valley designated staff, develop a security master plan based on the City's input and the Consultant's recommendations. The master plan will be leveraged to create security standards documents for security systems including electronic access control, duress response, and video surveillance system. The security system standards will serve as a basis for all future renovation, new construction, and security system improvement projects. The solution will represent an open-architecture system with eventual networked communication between multiple facilities and future interfaces with other building technology systems. A detailed breakdown of the proposed services follows. The facilities included in the master planning study are: Buildin� Address City Hall 7800 Golden Valley Road PW Street and Park Maintenance 7800 Golden Valley Road PW Utility Maintenance 7800 Golden Valley Road PW Vehicle Maintenance 7800 Golden Valley Road Public Safety 7800 Golden Valley Road Golf Maintenance 200 Brookview Parkway Driving Range 200 Brookview Parkway Brookview Golf Par 3 Starter Station 200 Brookview Parkway Cold Storage/Animal Impound 9400 10`h Avenue North Fire Station#2 400 Turners Crossroad Fire Station#3 3700 Golden Valley Road Medley Park Shelter 2331 Ensign Avenue North Lakeview Park Shelter 1521 Hillsboro Avenue North Hampshire Park Shelter 1610 Louisiana Avenue North Lions Park Shelter 151 Louisiana Avenue North Brookview Park Shelters (2) 200 Brookview Parkway Schied Park Shelter 1856 Toledo Avenue North Gearty Park Shelter 5300 Lowry Terrace Schaper Park Shelter 631 Ottowa Avenue North Wesley Park Shelter 8305 Wesley Drive , Pump House 1500 Skyline Drive Lift Station 63 S Ottawa Avenue North Lift Station 5000 Olson Memorial Highway Task 1 —Data Collection and Analysis The master plan will take a holistic approach to evaluating how the security system will interact with the City's current and future building, technology, and infrastructure systems. 1. The master planning study will begin with an analysis, by the Consultant, of the existing security systems for each building. Exhibit C—Scope of Work 2. The Consultant will review existing equipment locations, hardware types, and manufacturers for facilities where security equipment is present. City staff is expected to provide existing and/or as-built plans of each facility. 3. The existing telecommunications connections at each facility will be reviewed to determine if new security equipment can be networked to a central monitoring station that City staff indicated will likely be housed in the Public Safety building. 4. The Consultant will seek input from the designated City staff to determine how each facility currently operates in terms of access and security. 5. The ADA accessibility of each counter will be documented for review during each building walkthrough and incorporated into implementation of applicable future security projects. 6. The security assessment services included in this project will be an evaluation as required to determine how electronic security systems' functionality and locations can fulfill the City's established safety and security requirements. It does not include a formal Threat and Vulnerability Assessment study. 7. The City is expected to deliver information including, but not limited to: existing electronic security system plans and documentation, existing hardware model numbers, software/firmware update history, identification of business uses of electronic security systems, current plans for integration of electronic security system with other City technology systems such as Building Automation System (BAS), HVAC, fire alarm, and IT systems. Task 1 Deliverables: 1. The Consultant will coordinate an escorted walk through/meeting by appropriate City staff to determine the following: a. Explanations of facilities usage, operations, and security needs; b. Understanding of staff's improvement implementation priority for City facilities and input on proposed phasing. 2. The Consultant will provide the compiled list of all existing security equipment and ADA accessibility status in each building for staff records and their future use. Task 2—Development of a Master Plannin�Report 1. The design portion of the master planning phase will begin with identification of the goals for security system operation and preferences of security equipment type. This will include, but not be limited to, a discussion of keypads versus proximity card readers for access control, IT space planning for head end equipment, overall system conceptual schematic and phased expansion plans. 2. Review security options at counters and reception areas. 3. Develop a phasing plan to implement improvements. 4. Prepare a cost estimate for each phase. Task 2 Deliverables: 1. Coordinate a total of four(4)meetings which will last approximately two hours each. The appropriate City personnel are expected to be in attendance at these meetings so the Consultant can gather all required information and develop project goals. Any additional meetings during the security master planning phase will be billed as additional services at the Consultant's discretion. 2. The Consultant will provide a draft master planning report for staff review and discussion. The report will include an executive summary, a summary of security system options and recommendations for each facility. It will also include a phasing proposal Exhibit C—Scope of Work with estimated cost breakdowns for system implementation of each phase. 3. The Consultant will provide a final master planning report for approval based on discussion and concerns of City staff. The report will include an executive summary, a summary of security system recommendations for each facility, and a phasing proposal with an estimated cost breakdown for system implementation for each phase. Task 3—Development of Security System Standards Document 1. After the security system master plan is completed and approved by the City, the Consultant will create an electronic Security System Standards Document based on the security system master plan. The Standards Document will define baseline practices, strategies, system layouts and equipment functional and technical requirements. Both documents will be compatible with municipal contracting requirements. 2. Task 3 Deliverables: 3. The Consultant will coordinate a total of four(4) meetings which will last approximately two hours each with the City staff. The appropriate City personnel are expected to be in attendance at these meetings so the Consultant can gather all required info. If it is necessary to meet more than the four times for this phase the additional meetings during the Analysis and Recommendation phase will be billed as additional services at the Consultant's discretion. 4. Provide draft Security Systems Standards Document for staff review and comment. 5. Provide final Security Systems Standards Document for approval. Task 4—Presentation of Final Master Planning Report and Standards Document to City Council 1. Presentation of the Master Planning Report and Standards Document at a regularly scheduled Council/Manager meeting and formal presentation at a regularly scheduled Council Meeting. Exceptions & Additional Services This proposal does not contain improvement design, construction document production, or construction administration services. Such services shall be considered additional services and may be conducted under an alternate contract, upon acceptance by each party, once the scope of each phase is developed. Expectation of City Participation In addition to the tasks identified above, City staff is expected to deliver information including, but not limited to: feedback on security system design strategies and electronic security system options. City staff is expected to be available to participate in high-level design discussions about what tradeoffs are acceptable for the security strategy and from the card access systems that are available. City staff is expected to review and approve of the Master Planning Report developed by the Consultant and City staff prior to development of the standards document. City staff is expected to review and approve of the electronic security system Standards Document developed by the Consultant and City staff before the standards are used as the basis for security system improvement implementation. Exhibit C—Scope of Work SCHEDULE Phase Estimated Duration Kickoff Meeting...........................................2 Hours Survey Phase...............................................3-4 Weeks Study Phase................................................4-6 Weeks Develop Master Plan......................................4 Weeks Stakeholder Review.......................................2-4 Weeks Final Master Plan and Standards Development.................................. 6-8 Weeks Exhibit C—Scope of Work EXHIBIT D COMPENSATION Compensation to HGA for Professional Services as provided in this Proposal, will be lump sum not to exceed $70,500. The fee breakdown by task is as follows: Task 1 —Data Collection and Analysis -Task 1 Fee = $31,725 Task 2—Development of Master Planning Report -Task 2 Fee= $17,625 Task 3 —Development of Security Systems Standards Document -Task 3 Fee= $17,625 Task 4—Presentation of Final Master Planning Report and Standards Document to City Council -Task 4 Fee = $3525 Consultant's current fee schedule with hourly rates is attached to this contract as Exhibit F. The rate schedule is for 201 l, and will remain in effect for the term of the project. The following are the compensation terms: D.1 Receipt of Payment In order to receive payment for services, the Consultant shall submit monthly invoices describing in detail the services performed in accordance with this contract. The City shall pay Consultant before thirty (30) days after receipt of(a) each monthly invoice, (b) a certificate from the City that work has been completed, and (c) an opinion of the City's attorney that the City is then obligated to pay the sum contracted for herein. The personnel who worked on the project shall be included in the invoice. All invoices will include the City representative who authorized the work. All payments to the Consultant shall be made payable to Hammel, Green and Abrahamson, Inc. and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Consultant to third parties. D.3 Strategic Network Integration, Inc City understands that Consultant will be subcontracting portions of the work described under this Agreement to Strategic Network Integration, Inc. ("SNI"). Consultant agrees it shall be liable for any work done by any subcontractor for services rendered under this Agreement and that the rates set forth for SNI in the schedule attached hereto at Exhibit F shall be the maximum rate charged to the City for such services. Exhibit D-Compensation EXHIBIT E INSURANCE SCHEDULE GENERAL LIABILITY Carrier: Travelers Insurance Co. Type of Insurance: Commercial General Liability Coverage: General Aggregate $2,000,000 Products-Comp/Ops Aggregate $2,000,000 Personal &Advertising Injury $1,000,000 Each Occurrence $1,000,000 AUTOMOBILE LIABILITY Carrier: Travelers Insurance Co. Type of Insurance: Hired Autos Non-Owned Autos Coverage: Combined Single Limit $1,000,000 WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY Carrier: Travelers Insurance Co. � Coverage Statutorv Each Accident $ 1,000,000 Disease-Policy Limit $ 1,000,000 Disease-Each Employee $ 1,000,000 PROFESSIONAL LIABILITY(ERRORS AND OMISSIONS) Carrier: Lloyd's, London Coverage: $10,000,000 each claim/$20,000,000 annual aggregate Certificates of Insurance will be provided upon request. Exhibit F—Rate Schedule Exhibit F 2011 Rate Schedule PrincipaWice President $210.00- $370.00 Project Manager $ISS.00- $255.00 Sr. Project Engineer $ISS.00- $255.00 Project Engineer $105.00- $215.00 Staff Architects $ 70.00- $120.00 Project Architect $ 80.00- $165.00 Door Hardware Specialist/Specification Writers $115.00- $210.00 Administrative Assistants $ 80.00- �125.00 Costs associated with word processing, cell phones, vehicle mileage, plan, specification and report reproduction, and mailing and reproduction of common correspondence are included in the above hourly rates. � � � ��� �� STR�`E�GIC � � � NETWORK ° i I� �, ,�'•�,� A W�TE-�6RATI.ON` ._�I,1 .i'7"n�:�.n,� � Exhibit F—Rate Schedule G ',�� � �'� �ry� �I�����-� � � '��� � City Administration/Council O �'',�'' � �` � �, e 763-593-8014/763-593-8109 (fax) ��., . Executive Summary for Action Golden Valley City Council Meeting November 15, 2011 Agenda Item 3. G. Proclamation for the Celebration of 125th Anniversary of the Founding of the City of Golden Valley Prepared By Jeanne Andre, Assistant City Clerk Summary Mayor Loomis requested the adoption of a Proclamation to be presented at the December 2 luncheon celebration of the 125th anniversary of the founding of the City of Golden Valley, which will be held at the Golden Valley Golf & Country Club from 11:30 am to 1:3Q pm. All are welcome to attend. The cost is $20 and reservations are due by November 23. The luncheon keynote address, The Future of Golden Val/ey, will be presented by the Minnesota State Demographer Tom Gillaspy. The program, emceed by Rena Sarigianopolous of KARE 11 TV, will include recognition of Golden Valley Hall of Fame nominees and a display of a time capsule created as part of the year-long celebration. Attachment Proclamation for the Celebration of the 125th Anniversary of the Founding of the City of Golden Valley - December 2, 2011 (1 page) Recommended Action Motion to approve the Proclamation for the Celebration of the 125th Anniversary of the Founding of the City of Golden Valley - December 2, 2011. CITY OF GOLDEN VALLEY PROCLAMATION FOR THE CELEBRATION OF THE 125TH ANNIVERARY OF THE FOUNDING OF THE CITY OF GOLDEN VALLEY DECEMBER 2, 2011 WHEREAS, on December 2, 2011, the City of Golden Valley is gathering to celebrate the 125th anniversary of the founding of the City of Golden Valley on December 17, 1886; and WHEREAS, the City of Golden Valley appreciates community efforts to celebrate its 125th anniversary through a series of events that have occurred throughout 2011; and WHEREAS, Golden Valley civic pride extends to all members of the community that have contributed to creating the excellent City we now celebrate and the City Council wishes to call out for special appreciation: • The excellent school districts that serve the City • The strong religious community that builds community on the faith of its membership • The businesses, both large and small, which bring a sense of entrepreneurship and civic involvement that strengthens the community • Non-profit organizations which consider the special needs of the community in realms ranging from arts to athletics, racial harmony, poverty prevention, education, the environment, history and other facets critical to a thriving community • Citizens who support and give back to the community NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Golden Valley does hereby acclaim the founding of the City of Golden Valley on December 17, 1886 and celebrates with the members of the community the outstanding community that we have jointly fostered. IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the City of Golden Valley to be affixed this 15th day of November, 2011. Linda R. Loomis, Mayor C)� � � � �� Met�t4rar�dum � ����� � � li e De„artment P„� ` Public Safety P� C r c��� r � 763-593-8079/763-593-8098 (fax) F � Executive Summary for Action Golden Valley City Council Meeting November 15, 2011 Agenda Item 3. H. Call for Administrative Hearing - Alcohol Compliance Check Violation - Chipotle Mexican Grill - 12/6/11 Prepared By Stacy Carlson, Police Chief Summary The Police Department held compliance checks on locations that sell alcohol on September 29, 2011. Chipotle Mexican Grill, 515 Winnetka Avenue North, failed the compliance check by selling alcohol to a person under the age of 21. The manager of Chipotle Mexican Grill has requested an administrative hearing before the City Council. It is recommended that the administrative hearing will be held on December 6, 2011 at 6 pm. Attachments Request for Hearing from Jose Ramirez received October 27, 2011 (1 page) Resolution Calling for an Administrative Hearing on Alcohol Sales Violation - Chipotle Mexican Grill (1 page) Recommendation Motion to adopt Resolution Calling for an Administrative Hearing on Alcohol Sales Vioiation - Chipolte Mexican GriIL Dct 27 20I1 2: 43PM Chipatle#Q774 763-544-2580 p. l city af ���dV��e Request for Heariz�g . � Namc: �11 ,.� '�'- Addrass: ,_�'�''" � �� ��� p f� � «� �3�2 7 Phone; ._ ,5 �—2 - . , .. . � . _ ---_. . . _ � ,.. Nature af Hearing: � j • -. .__. . Reason for Request:_-�-� b �.�� J G� Resolution 11-62 November 15, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR AN ADMINISTRATIVE HEARING ON ALCOHOL SALES VIOLATION - CHIPOLTE MEXICAN GRILL WHEREAS, as per City Code the city conducts annual compliance monitoring of establishments #hat sell alcoholic beverages; and WHEREAS, during such compliance check held on September 29, 2011 an employee at Chipotle Mexican Grill, 515 Winnetka Avenue North, sold alcohol to a person under the age of 21 in violation of City Code; and WHEREAS, per City Code an administrative penalty is imposed on the licensee; and WHEREAS, City Code also provides that any licensee be given the opportunity to be heard by the City Council; WHEREAS, Chipotle Mexican Grill has requested an administrative hearing be held; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Golden Valley hereby schedules an administrative hearing on December 6, 2011 at 6 pm. 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. �� ��'��°�'i� ���d �. � " ���"� �E�;� �W � �4�rv �, '' �� Public Works ��� ����w� � . o � _ � e -:� 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting November 15, 2011 Agenda Item 4. A. Public Hearing: Authorization of Municipal Consent for the CSAH 102 (Douglas Drive) Layout No. 2 between TH 55 and CSAH 70 (Medicine Lake Road) Prepared By Jeannine Clancy, Director of Public Works Ron Nims, Public Works Project Coordinator Summary The detailed preliminary layout of Hennepin County CSAH 102 (Douglas Drive) from Trunk Highway (TH 55) to CSAH 70 (Medicine Lake Road) has been developed for approval by the City Council. The attached report outlines the project background, project scope, project partners, cost estimate, design philosophy and public participation process. Staff will present the project to Council, and after taking public comment, will ask Council to consider a resolution authorizing municipal consent of the project. Attachments Design Report by WSB &Assoeiates, Inc. for the Douglas Drive �ayout No. 2 (47 pages) Resolution Authorizing Municipal Consent for Proposed Project 10-4, CSAH 102 (Douglas Drive) Layout No. 2 (1 page) Recommended Action Motion to adopt Resolution Authorizing Municipal Consent for Proposed Project 10-4, CSAH 102 (Douglas Drive) Layout No. 2. Resolution 11-63 November 15, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING MUNICIPAL CONSENT FOR PROPOSED PROJECT 10-4, CSAH 102 (DOUGLAS DRIVE) LAYOUT 2 WHEREAS, it is proposed to reconstruct CSAH 102 (Douglas Drive) from TH 55 to CSAH 70 (Medicine Lake Road); and WHEREAS, the final CSAH 102 layout has been presented for review and approval; and WHEREAS, a public hearing has been held to receive comments from interested parties about the proposed project; and WHEREAS, the City desires to provide its Municipal Consent for the CSAH 102 Project Layout No. 2. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Golden Valley hereby authorizes its Municipal Consent for the CSAH 102 (Douglas Drive) Layout No. 2. 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. � ��eJv, � ��..m , �:��� � ������ �g Planning O �p e 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting November 15, 2011 Agenda Item 4. B. Public Hearing - Amendment to the General Land Use Plan Map - Re-designating Properties between Harold Avenue, Winnetka Avenue, Olson Memorial Highway and Spirit of Hope United Methodist Church from Medium-High Density Residential to Low Density Residential and Re-designating Properties between Harold Avenue, Glenwood Avenue, Olson Memorial Highway and Spirit of Hope United Methodist Church from Medium-Low Density Residential to Low Density Residential Prepared By Joe Hogeboom, City Planner Summary The City proposes to amend the General Land Use Plan Map to reflect the Low Density Residential designation for all properties befinreen Harold Avenue, Highway 55, Winnetka Avenue and Glenwood Avenue (excluding the Spirit of Hope United Methodist Church). Re-designation of this area will provide consistency befinreen the Official Zoning Map and the General Land Use Plan Map, satisfying the requirements of the Metropolitan Council. Amending the General Land Use Plan Map, which is a component of the Comprehensive Plan, must adhere to the following process: • Preliminary Planning Commission Public Hearing and Recommendation (occurred on October 24, 2011) • Preliminary City Council Public Hearing and Approval (current step) • 60-Day Public and Surrounding Governmental Unit Review Period • Metropolitan Council Planning Subcommittee Review and Approval • Metropolitan Council Approval • Final Approval by the City Council This pracess will take approximately four to six months. The Planning Commission recommended approval of the amendment with a 5-2 vote. Following the General Land Use Plan Map amendment process, Council may consider reviewing zoning classifications in the area. Once the properties are all designated as Low Density Residential on the General Land Use Plan Map, they may be zoned to either R-1 or R-2. Attachments Location Map (1 page) Memo to the Planning Commission dated October 18, 2011 (2 pages) Planning Commission Minutes dated October 24, 2011 (3 pages) Email from Bruce Feld dated October 20, 2011 (2 pages) General Land Use Plan Map (1 page) Resolution for Amendment to the Comprehensive Plan's General Land Use Plan Map Respecting the Following Properties Area A - Re-designating Properties between Harold Avenue, Winnetka Avenue, Olson Memorial Highway and Spirit of Hope United Methodist Church from Medium-High Density Residential to Low Density Residential and Area B - Re-designating Properties between Harold Avenue, Glenwood Avenue, Olson Memorial Highway and Spirit of Hope United Methodist Church from Medium-Low Density Residential to Low Density Residential (2 pages) Recommended Action Motion to adopt Resolution for Amendment to the Comprehensive Plan's General Land Use Plan Map Respecting the Following Properties - Area A- Re-designating Properties between Harold Avenue, Winnetka Avenue, Olson Memorial Highway and Spirit of Hope United Methodist Church from Medium-High Density Residential to Low Density Residential and Area B - Re-designating Properties between Harold Avenue, Glenwood Avenue, Olson Memorial Highway and Spirit of Hope United Methodist Church from Medium-Low Density Residential to Low Density Residential. General Land Use Plan Map Amendment: Location � i ��� < ��� �� � � �zn, *� �ti��D31 � 5!1 �, 7 2 � .� r Q Z � T 74� Sti �` 5#fl � 7151 � �K+'-7100 fl� 020 '7803' �-... � � 1 45 7 $ i � � � �'S��� -�" i 165 1 � �� � 7 � 501 � 7330s � ��Y-��!_ wy kO ss.� � � "" t � 7�3 -�" - " " '"- - - - - - - ---_ _ 1. ...r- --'StateH+nryi�a:55 ��7�a3 � .� µp ��52 --' '_'"----- - _ _--- _.....� .� ..._ -_ ----- "_ � � ~704fl 424 A re a A �9 t� � W+c�Pand 3� 7045 � � � 4b8 7�0 4g 703i °� r�3a Area B �� �,� 02 � sso �i� r1 �' � rsat i tas � _ _ 755 y ("_ - - - - --- - - - aro ve- - - - - - - \ ..�.:a � 78 ' ! 7<65 7445�425 800 � 303 ,� ������—�"'�'_� � �,.. 3�0 � � 1 7� f r t� ��,�,� , � 945 � � � � g 7 . 7310 )� �9 � � �,�� `��*;�'��� ���` ; 33t1 I ' 75 310 310 i �' ��� r , ���,����� `` 32a 8941 � � '� r 7315 � �. �- g..�,�, Ifarotd Pard •. 7'38 �r'',...r� � �;. � �� � ` ;�� � �k;; � _ ^�1 7325 = �� ,�¢' * 310 � � 7340 s 7325 j 7327 �,§ �� >�`'"�. � ��" d �; `� �� ,... � �, � �, 300 24t1 p ;w 7350_� 7340 � � #; ,� ,,�� � 'o f 7335 329 �xA ' .:� �- --- - �� � � �- � ��� � � LiOMS PBrk� ' � S 245 225 � ,�.,;r �� 736 �� � 345 :1 f-',� i � 1 � � ��� ��.�. �' � � 7't0� � 10i �*�'��,, . � � 2Q0 2d5 � .:� ! �}�� r � i � � �; �r� 403 ����� ��. 150 �1 SS ��. i � � . WesEe(�n�1v�i�e Marsh ��-��� �� r4�a �- � � � " �,.. y �§ . i_ � ���"a `� ��'��: � T+i05 y. �' � ;�� .. ��_ f�.'. ._ , ,�� �����"�;��"„ . �t� .�z�. t� 'ID9 ._ � �?�'���,�' � , :`.aR �� 130 135 �l�� ��� �� . , ��F� :w , ��� Planning �� � 763-593-8095/763-593-8109 (fax) � Date: October 18, 2011 To: Planning Commission From: Joe Hogeboom, City Planner Subject: Amendment to the General Land Use Plan Map: Re-designating Properties between Harold Avenue, Winnetka Avenue, Olson Memorial Highway and Spirit of Hope United Methodist Church from "Medium-High Density Residential" to "Low Density Residential" and; Re-designating Properties befinreen Harold Avenue, Glenwood Avenue, Olson Memorial Highway and Spirit of Hope United Methodist Church from "Medium-Low Density Residential" to "Low Density Residential". Background The City Council has directed staff to amend the General Land Use Plan Map to reflect the "Low Density Residential" designation for all properties between Harold Avenue, Highway 55, Winnetka Avenue and Glenwood Avenue (excluding the Spirit of Hope United Methodist Church). Re-designation of this area will provide consistency between the Official Zoning Map and the General Land Use Plan Map, satisfying the requirements of the Metropolitan Council. Amending the General Land Use Plan Map, which is a component of the Comprehensive Plan, must adhere to the following process: • Preliminary Planning Commission Public Hearing and Recommendation • Preliminary City Council Public Hearing and Approval • 60-Day Public and Surrounding Governmental Unit Review Period • Metropolitan Council Planning Subcommittee Review and Approval • Metropolitan Council Approval • Final Approval by the City Council This process will take approximately four to six months. Following final approval of the General Land Use Plan Map amendment, the City Council has indicated it may consider rezoning certain properties in the affected area from "R-1 Single Family Residential" to 1 "R-2 Moderate Density Residential." If a property is guided for"Low Density Residential" on the General Land Use Plan Map, it may be zoned to either R-1 or R-2. Recommended Action Staff recommends that the Planning Commission recommend approval for the amendment of the General Land Use Plan Map, re-designating the properties between Harold Avenue, Winnetka Avenue, Olson Memorial Highway and Spirit of Hope United Methodist Church and between Harold Avenue, Glenwood Avenue, Olson Memorial Highway and Spirit of Hope United Methodist Church to "Low Density Residential." Attachments Location Map (1 page) General Land Use Plan Map (1 oversized page) 2 Minutes of the Golden Valley Planning Commission October 24, 2011 Page 2 to traditional stormwater retention pon . Oliver discussed trends in volume control rough infiltration and filtration and st ed that the City implements whatever works be on a case-by-case basis. Segelbau eferred to the proposed esign of the intersec��n of Harold and Winnetka Avenues and ed if it is subject to ange pending�;t�`outcome of the zoning in that area. Oliver said t the design for t e intersectic�"improvement has been finalized and the design was made sidering th land us�c�esignation in the Comprehensive Plan �y �F- MOVED by Schmidgall, secon d b ,4C�era and motion�carried unanimous�ly to��commend approval of the 2012-2016 Capita " provement Program as it is consistent with the Comprehensive Plan. ' �'�� ��G, � ��� <;tz�. �� � ��,:� 2. Approval of Minute ��'� �� �, � ��_ �� `�, fa� September � �, 2011 Regular � lanning Com ssion Me�ing '��` �� ��� �:�:. _�; � : Waldhauser r �erred to the second p ragraph on�age 2y ; `��ked that the sentence be ,,, changed t �ead as follows: Waldhau er noted that single�f�m' fibmes would be allowed to remai or allowed to be built in the uture;if the area is re�one R-2. MO D by Segelbaum, seconded b Kisch an� motion earried unanimou to approve th September 12, 2011 with the abo e�no#ed�cliai��e,,Commissioners McCarty and Cera � � . stained from voting. �" � � �t , _ _� �. 3� $:) »� 3. Informal Public Hearin�� Ge�ra��r�i��and Use Plan Map�Amendment— Properties located nc�irith of��larold Avenue, south of Highway 55, west of Glenwood Avenue and;east��f Win�etka Avenue. The properties are proposed to be redesignated to L+��n'r�Density Residential ;3„ Applicant City ofaGold��a�Ualley ;;� �,. .ia R Addre���s Prop�rtie�Elocated north of Harold Avenue, south of Highway 55, west of ,, `�� �,�C�er�vuii��od�Avenue and east of Winnetka Avenue (except for the Spirit of '_�. £�a�ope U'`nited Methodist Church property) � �� � , 3 ,�. �P�rpose �yTo re-designate the properties to Low Density Residential � �; Hogeboorr�rez�lained the request per City Council to re-designate the properties east and west of the Spirit of Hope Methodist church to Low Density Residential on the General Land Use Plan Map (Comprehensive Plan). Currently, the properties west of the church are designated Medium-High Density Residential and the properties east of the church are designated Medium-Low Density. He explained that approximately one month ago the City Council denied rezoning the properties west of the church to Medium Density Residential (R-3). However, the Council approved rezoning the properties east of the church to Moderate Density Residential (R-2). He explained that the General Land Use Plan Map and the Zoning Map have to be consistent so at this point the plan is to re- Minutes of the Golden Valley Planning Commission October 24, 2011 Page 3 designate both areas back to Low Density Residential. After the change to Low Density, the City Council could consider zoning changes for the properties in the R-1 or R-2 category. He added that the process to re-designate the properties could take up to six months. Grimes added that the Low Density designation can accommodate properties zoned either R-1 or R-2. Waldhauser questioned if there will be enough time to meet with the neighbors to discuss various zoning possibilities. Schmidgall stated that there were rumors that a developer owned, or wa�s�interested in acquiring, some of the properties west of the church. He questioned if th�se prop�rties are re-designated back to Low Density if a developer could do at���iing�v���l� therris: Hogeboom stated that United Properties was interested in consi�erin�,� seh�or�i��iusing development on the west properties but that idea will�be abat�doi�edtonce thes�� properties are re-designated back to Low Density. £ � ,;. ° Segelbaum stated that in essence re-designating these p��ape;rti��s will restrict �,n� development to R-1 or R-2 in both areas. Grimes�g�e�c�=�nd�a'ci�ed that the properties east of the church are currently consistent with t�t� Gener���Land Use Plan �Map. � F�:, ? Kluchka asked if re-designating the prop�`ties���asf���the chGrch would prevent the � church from buying adjacent property to�uase fo�°�arking.�'F'fogeboom explained that if the � church wanted to use adjacent properk�r fo�- pai-king�:tFa� General Land Use Plan Map and the Zoning Map�would h�ave to be;�hang�d to�nstitutional. E: �: � Schmidgall asked if there woul� be#a�benefit to using the same terms on both the General 3,ba� 4 '' Land Use Plan Map and th��Zon��g M�p to avoid confusion. Kisch suggested adding the zoning districts as part of t#�� ke�r�n the`��eneral Land Use Plan Map so it would be easier to distinguisl� which z����i��g districts would be compatible in each land use `� { t ;j;. designation. � � ,, ,-, � . fr ;g; �� ;. � g�� �. ,, �,,, Waldhauser suriimarized #hat tFie Planning Commission has received direction from the City Council��at the�r,don�t want to change the zoning on the subject properties, so now <a ff3=s�., Sz t �, the Ger�era� Lantl�Use�,Rl�i� Map needs to be amended instead. � ,�.� ;;� � � Waldhauser oper�ed the public hearing. _#� Brian Hil�ms, 3,4n Louisiana Avenue North, asked if any discussion regarding rezoning of the properti�s'will be tabled until the General Land Use Plan Map amendment process is finished. Waldhauser explained that there will be no changes in zoning until the General Land Use Plan Map is consistent with the Zoning Map. Hillins said he, and other residents, would be interested in discussing the future zoning of these properties when the General Land Use Plan Map amendment process is done. Seeing and hearing no one else wishing to comment, Waldhauser closed the public hearing. Minutes of the Golden Valley Planning Commission October 24, 2011 Page 4 McCarty asked if the Zoning Map will have to be updated in six months or when the General Land Use Plan Map amendment process is done. Hogeboom stated that the City Council will have to decide how they want the properties zoned. Grimes said he thinks it would be appropriate for the Planning Commission as a part of their recommendation to ask the Council for a study of the area to be done. MOVED by Segelbaum and seconded by Kluchka to recommend re-designating the subject properties to Low Density Residential on the General Land Use Plan Map. Kisch amended the motion to include asking the City Council to study how the p�t�p�rties should be zoned and what the highest and best use for the properties would���.�' � #t, t�: _ � McCarty said he understands the neighborhood concerns but the�City is"f��ing '� : ��� development opportunities and that needs to be weighed again���whatathe`�ity �ouncil is asking the Planning Commission to do. Waldhauser said she,shares:���ie same��concern and that is why she supported the High Density designation, but the�Planr��i���' Commission's charge is to make the General Land Use Plan M�p an�d ���ning Map fi consistent. McCarty said he is concerned about losirt� deve�v�rii�nt op�ortunities and limiting what is able to be built on these propertie�S�°�" � �4g � Cera said he agrees with McCarty and sug�ested=�hat the ��perties be re-designated to Medium-Low Density. Waldhauser said th���vi�ould�qpen th�`cloor to higher density and that is what the neighborhood and the ��#y Coun�cil did�i`��irvant. Kisch noted that the � Medium-Low designation would mak��,th� properti���v�est of the church non-compliant with the Zoning Map. Grimes ex�{�i�e�Ft�at°�tx�s difficult to see what uses the different zoning districts would allow, but fi�e Cou�icil w���quite clear about wanting to re-designate the General Land Use Plan,�1�[a��back�o'Low Density Residential and consider the zoning designations in the future � _�° `_�� �#.��,. � �,� � � � 5�. � �, � ���,.° , Waldhauser noted t at a m�'����'and�a second had been made. �, , � ��� � , ; z �.. Commissioner�e�era, �iscf�s:�Cluc�i�ka, Segelbaum and Waldhauser voted yes in recommendmg t�`��thex;General��Land Use Plan Map be re-designated to Low Density Residential��n� a zon,ing�tudy of the area be conducted. Commissioners McCarty and �� Schmid�all vpted����r�o � ��� � � � �d. �k1 �'�� --Short Recess-- '�x s� °a�� y , i : ep:orts or���Meetin of the Housing and Redevelopment Authority, City �,; nci�F;�Board of Z ning Appeals and other Meetings � Waldhauser r rted on he MnAPA co �enC�she and Commissioner Kluchka attended. She re d t a legis ' session where she learned about what constitutes a taking and another s' e attended regarding smailer scale redevelopment with limited funding. She e o share materials and highlights of the conference to the Planning Com ' ion a fut meeting. Kluchka added that he attended a session regardin incorpor ion of hea olicies and improvements into planning ordinances and cies. Hogeboom, Joe From: Hogeboom, .loe Sent: Friday, October 21, 2011 8:32 AM To: Hogeboom, Joe Cc: Wittman, Lisa; Grimes, Mark Subject: FW: Zoning,Area A home owners Attachments: Area A_Ownership_Map.pdf Planning Commissioners, Please see the preceding email message addressed to you as well as the attached map. It pertains to the informal public hearing item at Monday's meeting. Please let me know if you have any questions. Thank you, and have a good weekend. 1oe Jaseph 5.Hogeboam � City Planner � City of Galden Valley = �.«� . 7800 6alden Valley Road 1 Golden Valley,MN 55427 �763-593-8099 � 763-593-8109(Fax) (763-593-3968{TTY}� x . i �� �. �`�' �.. '�''�:�� ��� jti ;t t�0etn J�Gzl ie�t_ 1���4rtitt.�ov_ r t. f. } _ � From: Bruce Feld (Business Forms by Feld) [mailto:bruce@businessformsbyfeld.com] Sent:Thursday, October 20, 2011 11:19 PM To: Hogeboom, Joe Subject: Zoning, Area A home owners Gerald &Karen Deters 7710 Harold Ave. Michael &Sharon Pikus 7724 Harold Ave. Bruce Feld 7830 Harold Ave. Bonnie Hedtke 7840 Harold Ave. Aghdas M. Nikpay 400 Winnetka Ave. N. Dear Planning Commissioners: The 5 home owners in Area A agree that we would like your help to keep Area A zoned R1. Attached to this e-mail is a map showing properties owned by the bank,a developer from Nebraska and the 5 home owners. We are opposed to R2 because we believe this single family neighborhood could become a mess where us 5 home owners are surrounded by multifamily units in multiple directions. We understood why the city wanted this area R3 and we did not oppose it. After talking to Joe Hogeboom we believe the Planning Department has the same concerns as us home owners.Please keep this area Single Family R1. Sincerely, Bruce Feld 763-544-2848 bruce@businessformsbvfeld.com ti,,i,�, /Qr�c�� /� 55 � — z , z ---------------------------------- � � m = � �- v � --------------- m < � rn 3 Existi;nr� � Ex�;�tfr�c; ------------ Z Z � v ____________Home Ha;m� , � --------------- Owne�� Owners < m z HAROLD AVE v � =v �. Z " � @ " - � �_�//"\ ¢ T O� r- n i! a _ CL.3� � - - - - N w� �-� d � m ' � � � d o m� °' � ° u u ; a 2�a - � W � � � o 0 0 0 ° v " � " °3 >, gLL a � y °; � v N " w v ,> � d E a "� >m O � 9 ' � a tn `° °o a a' > c°.i � � «. - C C C 7 N tn N = � �F- N . 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UnU'�� C Resolution 11-64 November 15, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION FOR AMENDMENT TO THE COMPREHENSIVE PLAN'S GENERAL LAND USE PLAN MAP RESPECTING THE FOLLOWING PROPERTIES AREA A - RE-DESIGNATING PROPERTIES BETWEEN HAROLD AVENUE, INNETKA AVENUE, OLSON MEMORIAL HIGHWAY AND SPIRIT OF HOPE UNITED METHODIST CHURCH FROM MEDIUM-HIGH DENSITY RESIDENTIAL TO LOW DENSITY RESIDENTiAL AREA B - RE-DESIGNATING PROPERTIES BETWEEN HAROLD AVENUE, GLENWOOD AVENUE, OLSON MEMORIAL HIGHWAY AND SPIRIT OF HOPE UNITED METHODIST CHURCH FROM MEDIUM-LOW DENSITY RESIDENTIAL TO LOW DENSITY RESIDENTIAL WHEREAS, the City Council has met at the time and place specified in a notice duly published with respect to the subject matter hereof and has heard all interested persons, and it appearing in the interest of the public that the General Land Use Plan Map as heretofore adopted and enacted by the City of Golden Valley be amended. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley, that pursuant to the provision of chapter 11.90, Subd. 7 of the City Code for the City of Golden Valley, and subject to review and approval by the Metropolitan Council for conformity with regional systems plan as provided in state law, the General Land Use Plan Map for the City of Golden Valley is hereby amended by changing Area A from Medium- High Density Residential to Low Density Residential use and Area B from Medium-Low Density Residential to Low Density Residential use as the official land use designation for the properties listed below. Also listed are the Hennepin County Property Identification Numbers. Area A 7644 Harold Avenue North - 3211821320040 7710 Harold Avenue North - 3211821320015 7724 Harold Avenue North - 3211821320013 7732 Harold Avenue North - 3211821320012 7830 Harold Avenue North - 3211821320021 7840 Harold Avenue North - 3211821320020 7831 Olson Memorial Highway - 3211821320016 401 Rhode Island Avenue North - 3211821320035 28 Address Unassigned (pond) - 3211821320038 28 Address Unassigned (pond) - 3211821320037 28 Address Unassigned (pond) - 3211821320036 408 Rhode Island Avenue North - 3211821320039 409 Rhode Island Avenue North - 3211821320034 411 Rhode Island Avenue North - 3211821320014 413 Rhode Island Avenue North - 3211821320033 400 Winnetka Avenue North - 3211821320019 410 Winnetka Avenue North - 3211821320019 424 Winnetka Avenue North - 3211821320018 440 Winnetka Avenue North - 3211821320017 Resolution 11-64 - Continued November 15, 2011 Area B 7025 Glenwood Avenue North - 3211821420020 7031 Glenwood Avenue North - 3211821310015 7045 Glenwood Avenue North - 3211821310014 7146 Harold Avenue North - 3211821310017 7156 Harold Avenue North - 3211821310016 7182 Harold Avenue North - 3211821310003 7200 Harold Avenue North - 3211821310004 7218 Harold Avenue North - 3211821310005 7236 Harold Avenue North - 3211821310006 7324 Harold Avenue North - 3211821310018 7330 Harold Avenue North - 3211821310019 7340 Harold Avenue North - 3211821310008 7420 Harold Avenue North - 3211821310007 7430 Harold Avenue North - 3211821310009 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. m:.�� ,, �uai �� " . .,�. � � �� � t��.. . ° Q =�, ���,, �=��� a � Fire Department ������� 763-593-8079/763-593-8098 (fax) �ti fi�.FM.Yy w . Executive Summary for Action Golden Valley City Council Meeting November 15, 2011 Agenda Item 4. C. Public Hearing - First Consideration - Ordinance #474 -Amending Section 6.34, Subdivision 13(B), Administration Civil Penalties: Tobacco Licensee Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary On July 19, 2011, Ordinance No. 462 was approved repealing in its entirety City Code Section 6.34: Tobacco, and adding a new City Code Section 6.34: Tobacco. Since adoption of the new Section 6.34, there has been identified the need to consider amending Section 6.34, Subdivision 13(B) Administrative Civil Penalties: Licensee. Changes to Section 6.34, Subdivision B are identified on the underlined/overscored attachment. A Public Hearing Notice and attachments, including the proposed ordinance and the underlined/overscored proposed changes to Section 6.34 Subdivision 13(B) was mailed to all licensees. Attachment Underlined/overscored version, Section 6.34 Subdivision 13(B) (1 page) Ordinance #474 -Amending Section 6.34, Subdivision 13(B), Administration Civil Penalties: Tobacco Licensee (1 page) Recommended Action Motion to adopt on First Consideration, Ordinance #474 -Amending Section 6.34, Subdivision 13(B), Administration Civil Penalties: Tobacco Licensee. § 6.34 Subdivision 13. Violations and Penalty A. Administrative Civil Penalties: Individuals. If a person who is not a licensee is found to have violated this Section the person shall be charged an administrative penalty as follows: 1. First violation. The Council shal! impose a civil fine not to exceed fifty dollars ($50). 2. Second violation within twelve (12) months. The Council shall impose a civil fine not to exceed one hundred dollars ($100). 3. Third violation within twelve (12) months. The Council shall impose a civil fine not to exceed one hundred fifty dollars ($150). B. Administrative Civil Penalties: Licensee. If a licensee or an employee of a licensee is found to have violated this Section the licensee shall be charged an administrative penalty as follows: 1. First violation. The Council shall impose a civil fine ��} }� �������' of five five hundred dollars ($500)�T�T�'��, ���� �"�1;;,=��e;�►e�#e . and suspend the license for not less than five �) consecutive days. 2. Second violation within twenty-four (24) months. The Council shall impose a civil fine ��} }� �������' of seven hundred fifty dollars ($750):� � � . and sus�end the license for not less than fifteen (15) consecutive days. 3. Third violation within twenty-four (24) months. The Council shall impose a civil fine ��} }� �������' of one thousand-dollars ($1,000). I�T��-�e� �4.., �I..Lr.d . ..I.-.�i.... �4... I:........-., ..L.-.II h., ,- ..,.-I...-1 F..r �.,.,� I.,.-�. �4,�.-. �4,i�-�-.. �i i�, u i��u v iv�uuv�i� u� . . . and suspend the license for not less than thirty �30) consecutive da�rs. 4. Fourth violation within twenty-four (24) months. ^�'-�~ },�� ��„-'_" ,,;�'�};�� . The Council shall revoke the license for at least one (1) vear. C. Administrative Penalty Procedures. No suspension or penalty may take effect until the licensee or person has received notice (served personally or by mail) of the alleged violation and of the opportunity for a hearing before the Council or a person authorized by the City to conduct the hearing. A notice that a violation has occurred must be in writing and must provide that a right to a hearing must be requested within ten (10) business days of receipt of the notice or it shall terminate. Golden Valley City Code ORDINANCE NO. 474, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 6.34, Subdivision 13(B), Administration Civil Penalties: Tobacco Licensee The City Council for the City of Golden Valley hereby ordains: Section 1. City Code Section 6.34, Subdivision 13(B) is hereby amended by deleting the existing language and replacing in its entirety with the following language: A. Administrative Civil Penalties: Licensee. If a licensee or an employee of a licensee is found to have violated this Section the licensee shall be charged an administrative penalty as follows: 1. First violation. The Council shall impose a civil fine of five hundred dollars ($500) and suspend the license for not less than five (5) consecutive days. 2. Second violation within twenty-four (24) months. The Council shall impose a civil fine of seven hundred fifty dollars ($750) and suspend the license for not less than fifteen (15) consecutive days. 3. Third violation within twenty-four (24) months. The Council shall impose a civil fine of one thousand-dollars ($1,000) and suspend the license for not less than thirty (30) consecutive days. 4. Fourth violation within twenty-four (24) months. The Council shall revoke the license for at least one (1) year. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 6.99 entitled "Violation A Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This Ordinance shall take effect and be in force from and after its passage and publication. Adopted by the City Council this 6th day of December, 2011 /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/Susan M. Virniq Susan M. Virnig, City Clerk �� �Y���a" . � .x. _ :^ '" �P��� _ �" . � o� ��W��� � e �N���r - Pub��� Safety Police Department P�CE 763-593-8079/763-593-8098 (fax) � ..r.n � � Executive Summary For Action Golden Valley City Council Meeting November 15, 2011 Agenda Item 5. A. Second 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. The City Council approved the ordinance on its first consideration on October 18, 2011. If the Council adopts the ordinance on its second consideration, it will be effective upon publication. In order to save publishing costs Staff is requesting the Council approve publication of the Summary Ordinance. This action requires a 4/5 vote. Attachments Ordinance No. 473, Amending Section 10.30, Regarding Discontinuance of Dog Licensing Requirement (Except for Dangerous and Potentially Dangerous Dogs) (16 pages) Summary of Ordinance #473, Amending Section 10.30, Regarding Discontinuance of Dog Licensing Requirement (Except for Dangerous and Potentially Dangerous Dogs) (1 page) Recommended Action Motion to adopt on Second Consideration, Ordinance No. 473, Amending Section 10.30, Regarding Discontinuance of Dog Licensing Requirement (Except for Dangerous and Potentially Dangerous Dogs). Motion to approve publication of the Summary of Ordinance No. 473, Amending Section 10.30, Regarding Discontinuance of Dog Licensing Requirement (Except for Dangerous and Potentially Dangerous Dogs). ORDINANCE NO. 473, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 10.30, Regarding Discontinuance of Dog Licensing Requirement (Except for Dangerous and Potentially Dangerous Dogs) 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 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. J. 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 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; 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. 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 347.52(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 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, 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 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. ]. 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 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. 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 (aw 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 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 shali 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 Cifiy 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 15th day of November, 2011. /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/Susan M. Virniq Susan M. Virnig, City Clerk SUMMARY OF ORDINANCE NO. 473, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 10.30, Regarding Discontinuance of Dog Licensing Requirement (Except for Dangerous and Potentially Dangerous Dogs) The City Council for the City of Golden Valley has amended Section 10.30 Animal Control. This is a summary to inform you generally of the amendments. For more specific information you should consult the entire text of Ordinance No. 473, 2nd Series, a printed copy of which is available during regular office hours at the office of the City Clerk. The ordinance amendment removes the requirement for dog licenses, except for pogs found to be dangerous or potentially dangerous. It calls for the City to impound any Dangerous Dog or Potentially Dangerous Dog found in the City, any Dangerous Dog or Potentially Dangerous Dog not properly restrained, or any Dog or cat off of the owner's premises without evidence of valid and current immunizations or if said Dog or cat is injured or diseased. It requires any Dog more than 150 days of age to have a valid and current rabies vaccine (within 12 months for killed rabies vaccine and 24 months for live rabies vaccine) and to have evidence of such vaccination permanently attached to a collar kept around the neck of such Dog. It provides for the issuance of a duplicate Dangerous Dog license if the original is lost and clarifies the provision of signage on the owner's property related to a Dangerous Dog. The ordinance provides for the Council to adopt by ordinance fees and penalties related to the Animal Control Ordinance. The ordinance modifies the City process to declare a Dog dangerous to require an owner to maintain a Dog in a proper enclosure and under proper restraint while appealing designation as a Dangerous Dog, allows the City provisions related to Dangerous Dogs to be more stringent than state statutes (as amended through Laws 2008) and requires a finding that the Dog poses a danger to the public's health, safety or welfare. It allows a person claiming an interest in a seized Dog to prevent disposal or destruction of the Dog by posting a security in an amount sufficient to provide for the Dog's Maintenance Costs. It prohibits Dog ownership if a person has been convicted in any jurisdiction of violations to a third or subsequent violation of dangerous dog ordinances or statutes and allows the penalty for violation to be a gross misdemeanor if so provided by state law. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 15th day of November, 2011. /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/Susan M. Virniq Susan M. Virnig, City Clerk �G� ���`� ��4� ,�r,�.° „= P Finance � O `� ' ' � V 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting November 15, 2011 Agenda Item 6. A. First Consideration - Ordinance #475 - Establishing A 2012 Master Fee Schedule Prepared By Sue Virnig, Finance Director Summary Staff reviewed the upcoming master fee schedule with Council at the Council/Manager meeting on November 9. The schedule shows the approved rates for 2011 and the proposed rate change for 2012. The utility rates will be effective for any billing after April 1, 2012. Attachments Ordinance #475, Establishing A 2012 Master Fee Schedule (19 pages) Recommended Action Motion to adopt on First Consideration, Ordinance #475, Establishing A 2012 Master Fee Schedule. ORDINANCE NO. 475, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Establishing A 2012 Master Fee Schedule The City Council for the City of Golden Valley hereby ordains Section 1. The City Code requires that certain fees for City services and licenses be established from time to time by the City Council. Section 2. The Master Fee Schedule attached hereto as Exhibit A is hereby adopted as the city's fee schedule effective January 1, 2012, unless otherwise noted and shall be added to Chapter 25 of the City Code. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted in its entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 6th day of December, 2011. /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/Susan M. Virniq Susan M. Virnig, City Clerk City of Golden Valley 2012 Proposed Master Fee Schedule-Exhibit A 2011 2012 Fee Proposed Fee Permits Building&Fire Permit Fees based on fee schedule below. Mandatory State Surcharge:per permit is a minimum of.50 and when a permit fee is over$1,000 in value the state surcharge is.0005 times the permit value. Surcharge is remitted to MN State Treasurer. Permit Cancellation Policy:80%of the permit fee will be returned upon written notice of cancellation. If job has been started no refund will be made. No surcharge or plan review fees will be returned (includes the fees for stormwater management,right-of-way(ROW)and tree preservation permits). Building/Fire/Commercial Mechanical Plan Review Fee-65%of the permit fee(no surcharge) re-inspection fee 100.00 100.00 Administrative 75.00 75.00 Seasonal, Farm Produce,Christmas Tree Sales,etc in Commercial Zoning District Electrical State Surcharge-each permit 5.00 All Services new,replace or repair There is a$2 per circuit charge for replacing circuits that are disconnected in the old service panel and reconnected in the new panel. 0 to 300 Amp 400 Amp 500 Amp 600 Amp 25b.UU 800 Amp 114.00 1000 Amp 142.00 1100Amp -" �` 1200 Amp Add$14.00 for each additional 100 Circuits and Feeders The inspection fee for the installation,addition,alteration or repair of each circuit, feeder,feeder tap or set of transformer secondary conductors: 0 to 30 Amp 8.00 31 to 100 Amp 10.00 101 to 200 Amp 15.00 300 Amp 20.00 400 Amp 25.00 500 Amp 30.00 600 Amp 35.00 700 Amp 40.00 Add$5.00 for each additional 100 Amps. Minimum Fee Minimum permit fee is$35.00 plus$5.00 State surcharge.This is for one inspection only. Minimum fee for rough-in inspection and final is$70.00 plus$5.00 State surcharge. Maximum Fee Maximum fee for single family dwelling or townhouse not over 200 Amps is$150.00 plus$5.00 State surcharge. Maximum of 2 RI and 1 final inspection. 1 City of Golden Valley 2012 Proposed Master Fee Schedule-Exhibit A 2011 2012 Fee Proposed Fee Permits(continued) Electrical(continued) Apartment Buildings Fee per unit of an apartment or condominium complex is$70.00.This does not cover service and house wiring. Swimming Pool $35.00 per inspection+circuits Traffic Signals $7.00 per each standard Street Lights and parking lot lights $4.00 per each standard Transformers and Generators $8.00 per unit+$.40 for each KVA up to 100 KVA+$.30 for each KVA above 100 KVA Retro Fit Lighting $.65 per fixture Sign Transformer $8.00 per transformer Remote Control and Signal Circuits $.75 per device Reinspection fee(only one final per job) $35.00 THE FEE IS DOUBLED IF THE WORK STARTS BEFORE THE PERMIT IS ISSUED. Fire Alarm System(New Installation or Alteration of Existing) Up to the 1st$1,200 in value 50.00 50.00 Over $1,200 value-use fire suppression fee Fire Commercial Cooking Ventilation Systems Inspection 50.00 50.00 Re-inspection 75.00 100.00 Fire Pumps 100.00 100.00 Fire Suppression&Special Fire Suppression Systems: FM 200 system,CO2 systems,spray booths,kitchen extinguisher systems,hoods,etc. No change No change Total valuation based on below fee schedule: Value Range 2004 LMC/AMM Recommendation $150 $500 $25.00 $501 $2,000 $25.00 for the first$500 $3.25/additional$100 $2,001 $25,000 $73.50 for the first$2,000 $14.75/additional$1,000 $25,001 $50,000 $415.75 for the first$25,000 $10.75/additional$1,000 $50,001 $100,000 $682.50 for the first$50,000 $7.50/additional$1,000 $100,001 $500,000 $1,053.50 for the first$100,000 $6.00/additional$1,000 $500,001 $1,000,000 $3,427.75 for the first$500,000 $5.00/additional$1,000 $1,000,001 and up $5,945.25 for the first$1,000,000 $4.00/additional$1,000 2 City of Golden Valley 2012 Proposed Master Fee Schedule-Exhibit A 2011 2012 Fee Proposed Fee Permits(continued) Fireworks/Pyrotechnic Special Effects 100.00 100.00 Permit requires rental of fire engine and crew for stand-by at display House/Building Moving 300.00 300.00 Demolition 300.00 300.00 Mechanical:HVAC,Gas Piping,Refrigeration and Fireplace (Includes all types of fireplaces-masonry,gas,gas log,gas insert,etc.) Value Permit charge $0- $999 $25.00 $1,001- $5,000 $31.50+2.60%over$1000 $5,001- $10,000 $135.50+2.15%over$5000 $10,001- $25,000 $243.00+1.85%over$10,000 $25,000- $50,000 $520.50+1.65%over$25,000 $50,001- over $933.00+1.30%over$50,000 Native Vegetation Landscape Permit 100.00 100.00 Parade/Special Event 25.00 25.00 Petroleum Tanks Installation-per dispenser 75.00 75.00 Installation-per tank 75.00 75.00 Piping associated with tanks 75.00 75.00 Removal-per tank 75.00 75.00 Temporary LP Tank(per site) 75.00 75.00 Temporary above ground fuel tanks(per site) 75.00 Plan Review Fee-65%of the fee(no surcharge) Plumbing and Piping Fixtures Includes hydraulic sewer valves, rain water leaders,and alteration to existing systems. Value Permit charge $0- $999 $25.00 25.00 25.00 $1,001- $5,000 $31.50+2.60%over$1000 $5,001- $10,000 $135.50+2.15%over$5000 $10,001- $25,000 $243.00+1.85%over$10,000 $25,001- $50,000 $520.50+1.65%over$25,000 $50,001- over $933.00+1.30%over$50,000 Right Of Way Driveway Replacement Permit 100.00 100.00 Pern,anent Obstruction Permit,per obstruction (includes courtesy benches) 100.00 100.00 Temporary Obstruction permit No Charge Temporary Access Permit 25.00 In Boulevard Excavation Permit per opening 100.00 100.00 In Pavement Excavation Permit per opening(includes curb alterations) 200.00 200.00 Overhead Utility Repair per location 100.00 No Charge 3 City of Golden Valley 2012 Proposed Master Fee Schedule-Exhibit A 2011 2012 Fee Proposed fee Permits(continued) Right Of Way(continued) Underground Utility: Len�th Permit Char�e 0 to 100 Feet $250 administrative fee+$1/foot over 100 Feet $350 administrative fee+$.50/foot over 100 feet Service Drop meeting conditions: No charge Not parallel to right-of way at least 10'from any City facility or utility, less than 1'wide, and depth in accord with law or, if none, industry standard Stormwater Management 100.00 Land Disturbance up to one-half acre(0 to 21,779 square teet) 100.00 Land Disturbance of one-half acre or more(21,780 square feet and up) 200.00 Sign Permit Basefee 50.00 50.00 Area fee(per sq ft of sign area) +2.75/sq ft +2.75/sq ft Temporary Sign over 18 sq ft over 18 sq ft Standpipe Installation of each standpipe(up to 5 floors) 50.00 50.00 Each additional floor 20.00 25.00 Temporary Certificate of Occupancy Partial Certificate of Occupancy 100.00 100.00 Temporary Certificate of Occupancy 100.00 100.00 Extension of Temporary Certificate of Occupancy 200.00 200.00 Penalty for expired Temporary Certificate of Occupancy 300.00 300.00 Tent/Canopy Inspections-required for tents exceeding 200 sq ft and 50.00 50.00 canopies exceeding 400 sq ft(per site) Tree Preservation Permit 100.00 100.00 Tree Preservation Mitigation Form-per caliper inch 150.00 150.00 Utility Permits Water Meter Permit 100.00 100.00 Water Tapping Permit 100.00 100.00 Water Cut-off Permit 100.00 100.00 Sewer Permit(connection) 100.00 100.00 Sewer Repair Permit 100.00 100.00 Sewer Cut-off Permit 100.00 100.00 4 City of Golden Valley 2012 Proposed Master Fee Schedule-Exhibit A 2011 2012 Fee Proposed Fee Licenses Renewal Date Auctioning Auctioneers do not need to be licensed in the City of Golden Valley. However,they have to show us a copy of a license or bond from the county or state and provide us a letter on the date,time and place of the auction. Cigarettes-Tobacco Products over the counter 1-Jan 275.00 275.00 Contractors-Heating,Ventilation,Air Cond and Refrigeration 1-Apr 75.00 75.00 Dog Kennel-per kennel 1-Apr 200.00 200.00 Entertainment Amusement and Shows 1-Apr 50.00 50.00 (movies-per screen;caravans,circuses,amusement rides) Bowling Alley(each lane) 1-Apr 15.00 15.00 Dancing&Entertainment 1-Apr 375.00 375.00 Pinball Machine,Video Game or Pool Table each location 1-Apr 15.00 15.00 each device 1-Apr 15.00 15.00 Fireworks Retail consumer fireworks that sell other items 1-May 100.00 100.00 Retail consumer fireworks, retailers that sell only fireworks 1-May 350.00 350.00 Garbage Haulers-per vehicle (was lune 1) 1-Apr 50.00 50.00 (See also Recylcing Haulers) Gasoline Stations Per Dispenser ���°�-.;�;�Dispensers(up to 4@ $75.0o each) 1-Apr 75.00 75.00 Each additional-+�e�e Dispenser 25.00 50.00 Lawful Gambling License 1-Jan First year 250.00 250.00 Renewal after 1st year 100.00 100.00 liquor License Application Packet 20.00 20.00 Liquor-Investigation Fee (Liquor On-sale,Off-sale,and Sunday sale and Wine) new applicant 3,000.00 3,000.00 $500.00 non-refundable administrative fee plus actual costs for investigation Liquor-Miscellaneous Change thru the year per change 100.00 100.00 Liquor On,Off and Sunday Sale and Wine(renewal or misc changes) 5 City of Golden Valley 2012 Proposed Master Fee Schedule-Exhibit A 2011 2012 Fee Proposed Fee Licenses(continued) Renewa) Date liquor license(State law) Sunday sale 1-Jul 200.00 200.00 Off-sale 340A.408 1-Jul 200.00 200.00 On-sale 1-Jul 8,000.00 8,000.00 Wine On-sale 1-Jul 2,000.00 2,000.00 Club 1-Jul up to 200 members 300.00 300.00 200-500 members 500.00 500.00 501-1,000 members 650.00 650.00 1,001-2,000 members 800.00 800.00 2001-4000 members 1,000.00 1,000.00 4001-6000 members 2,000.00 2,000.00 Over 6000 members 3,000.00 3,000.00 Liquor-Non-Intoxicating Malt(On-sale) 1-Apr 500.00 500.00 (This fee is not charged to applicants holding a wine license and renewed at the time of the wine license renewal date) Liquor-Non-Intoxicating Malt(Off-sale) 1-Apr 150.00 150.00 Massage Therapist-Individual Certificate(each individual/person) 1-Jan 50.00 50.00 Investigation fee 100.00 100.00 Massage Therapist Premise License 1-Jan Operating location 500.00 500.00 Investigation fee 200.00 200.00 New/Used Vehicle Sales 1-Sep 400.00 400.00 Peddlers and Solicitors 1-Jan 1st person 30.00 30.00 Each additional person(up to a max fee of$50.00 per time) 5.00 5.00 Pawnbroker and Precious Metal Dealer Location 1-Jan 5,000.00 5,000.00 Dealer 1-Jan 400.00 400.00 Investigation Fee 3,000.00 3,000.00 $500.00 non-refundable administrative fee plus actual costs for investigation Recycling Haulers(Multi Family Apartment) -per vehicle 1-Apr 50.00 50.00 6 City of Golden Valley 2012 Proposed Master Fee Schedule-Exhibit A 2011 2012 Fee Proposed Fee Licenses(continued) Renewal Date Rental Dwelling License Single Family Dwellings One Unit Dwelling License �-}y1 Expires July 7 100.00 125.00 Re-inspection 100.00 100.00 �9:A9 I i ..T. rFn �g I..�...,.,r�.,.. n.... -.I [�I�..�.[.,.. �g Twin Homes&Duplexes License per Dwelling Unit �-AAa�Expires May 1 100.00 125,00 Re-inspection(per unit/per address) 100.00 100.00 �8:99 Condominiums&Townhomes License Per Dwelling Unit �-Se�Expires Sept 1 100.00 125.00 Re-inspection(per unit/per address) 100.00 100.00 �A:A9 Group Homes/homes with services �-P�4eu Expires Nov 1 100.00 125.00 License Per Dwelling Unit Re-inspection(per unit/per address) 100.00 100.00 n.d.diri,,..�� i,�.�..,.�+�,..,�r..,,.-� .,�r/..,,....d.d..,«1 �8 Multiple Unit Dwelling(3 or more units)per building 1-Mar 100.00 100.00 Re-inspection(per building/per address) 100.00 100.00 License Transfer(pro rate) minimum 50.00 50.00 Star Program Fees(Based on participation level) Non-Participant $30/unit $30/unit Levell $12/unit $12/unit Level2 $10/unit $10/unit �evel3 $6/unit $6/unit Level4 $0/unit $0/unit Administrative Citations on(all)Rental Dwellings 1st citation 100.00 100.00 2nd citation 250.00 250.00 3rd citation 500.00 500.00 4th citation and subsequent violations in 12 month period 500.00 500.00 Citation Appeal 25.00 Sexually Oriented Business License Fee(operating location) 1-Jan 5,000.00 5,000.00 Investigation Fee 3,000.00 3,000.00 $500.00 non-refundable administrative fee plus actual costs for investigation 7 City of Golden Valley 2012 Proposed Master Fee Schedule-Exhibit A 2011 2012 Fee Proposed Fee Street Assessments Residential/Single Family/Duplex,per dwelling unit on local street 5,750.00 5,750.00 Multi Unit Residential(more than 2 dwelling units)on local street 76.3/ft 76.3/ft Residential/Single Family/Duplex,per dwelling unit on state aid street 1,437.50 1,437.50 Multi Unit Residential(more than 2 dwelling units)on state aid street 81.71/ft 81.71/ft Other Zonings, Local Streets 91.73/ft 91.73/ft Other Zonings,State Aid Streets 99.21/ft 99.21/ft Administrative Fee for Driveways and/or Sanitary Sewer repairs $250/maximum $250/maximum (Seven percent of total or maximum fee-whichever lessor) Low Income Level for Senior/Retired due to Disability Deferral 2011 HUD Limits 2012 HUD Limits Miscellaneous Fees Address Change 50.00 50.00 Administrative Citations-Non Rental Housing ist Citation 100.00 100.00 2nd Citation 250.00 250.00 3rd Citation 500.00 500.00 4th Citation and subsequent violations in 12 month period 500.00 500.00 Alarm System-False Alarms(12 month period beginning March 1 of each year upon given notice) 1-3 false alarms 4-10 false alarms 100.00 100.00 11-15 false alarms 150.00 150.00 16 or more false alarms 250.00 250.00 Animal Control Impound Fee for dogs 50.00 50.00 Boarding Fee for dogs and cats per day(7 day maximum) 20.00 20.00 Dangerous Dog License 250.00 250.00 Building Plan/Storage Retrieval 50.00 50.00 Certification Fee(Special Assessment) 30.00 30.00 City Cemetery Cemetery Plot 500.00 500.00 Open/Close Fee: Crematory(up to 2 per lot) 200.00 each 200.00 each Burial 750.00 750.00 8 City of Golden Valley 2012 Proposed Master Fee Schedule-Exhibit A 2011 2012 Fee Proposed Fee Miscellaneous Fees(continued) Documents City Code Full book in binder 200.00 200.00 Updates 15/each 15/each Zoning Chapters Only 10.00 10.00 City Maps:, Plats, Record Drawings,Other Plats(i.e.address maps, building plans,comp pl 10.00 10.00 Comprehensive Plan Copies of any black and white, letter or legal size documents of 100 or .25/pg .25/pg fewer pages(Minnesota Rules,part 1205.0300,subpart 4.) Copies of any color, letter or legal size documents .33/page .33/page Digital Format Aerial photography time&material time&material Custom Maps or Map Layers time&material time&material Topography time&material time&material Special Assessment Search(non-owner) 15.00 15.00 Video Reproduction(per tape+shipping) 20.00 20.00 Domestic Partner Registration Initial Registration 40.00 40.00 Amendment/NoticeofTermination 25.00 25.00 Certified copy of Registration 5.00 5.00 Equipment Charge per hour Fire Engine(includes personnel) 250.00 250.00 Fire Aerial Truck(includes personnel) 350.00 350.00 Police and Fire Rescue Truck(includes personnel) 250.00 250.00 Utility Vehicle(includes personnel) 100.00 100.00 Squad Car(includes personnel) 100.00 100.00 Heavy(motor grader,front end loader,360 Backhoe, Pickup sweeper, 125.00 125.00 sewer camera,truck,sewer jet,vac all,aerial truck)does not include personnel costs Medium(dump truck,water truck,tractor backhoe, utility tractor/ 80.00 80.00 accessory, 15 ft cut lawn mower,brush chipper,asphalt roller)does not include personnel costs Light(truck-one ton and under,air compressor,water pump,generator, 45.00 45.00 steamer,asphalt/saw,concrete,cable tracer,sewer rodder)does not include personnel costs Fire Boat(includes personnel) 75.00 Fire ATV(includes personnel) 75.00 Fire Life Safety Trailer(includes personnel) 200.00 Gas Lines,construction damage with Fire Department Response 250.00 250.00 Filing Fee(Administrative Citation Appeal)per violation 25.00 25.00 Fingerprinting Golden Valley Resident 10.00 10.00 Anyone employed in GV 25.00 25.00 Forced Tree Removal cost of cost of removal+20% removal+20% 9 City of Golden Valley 2012 Proposed Master Fee Schedule-Exhibit A 2011 2012 Fee Proposed Fee Miscellaneous Fees(continued) Hydrant Meter Rental Residential (per day+consumption) 2.00 2.00 Commercial (per day+consumption) 5.00 5.00 Deposit(residential) 200.00 200.00 Deposit(commercial) 1000.00 1000.00 Nuisance Service Call Fee(after three calls) 250.00 250.00 Personnel Off Duty Police Officer(minimum applies as determined by 75/hour 75/hour City Manager/designee) Firefighters, Lieutenants,Captains, Deputy Fire Marshal&Assistant Chiefs 35/hour 35/hour minimum minimum Sump Pump Inspection 50.00 50.00 Weed Eradication/Lawn mowing-per hour(see minimums) Vacant land-1 hour minimum 125/hr 125/hr Occupied/unoccupied residential/commercial property-3 hour minimum 125/hr 125/hr SECOND OR MORE VIOLATIONS IN ONE SEASON Vacant land-1 hour minimum- 250/hr 250/hr Occupied/unoccupied residential/commercial property-3 hour minimum 250/hr 250/hr Planning&Zoning Fees Conditional Use Items Conditional Use Permit 400.00 400.00 Amendment to Conditional Use Permit 300.00 300.00 Extension for Conditional Use Permit 125.00 125.00 Easement Vacation(each request) 500.00 500.00 Flood Control Management(Special Permit) 75.00 75.00 Floodplain Search Letter 25.00 25.00 Park Dedication Fees 1%of Land 1%of Land (per Minnesota Statute 462.358) Market Value Market Value Planned Unit Development Preliminary Design Plan 400.00 400.00 Final Plan of Development 400.00 400.00 Extension of Planned Unit Development 150.00 150.00 Rezoning 500.00 500.00 Subdivision 400.00 400.00 Extension to Submit Final Plat 125.00 125.00 10 City of Golden Valley 2012 Proposed Master Fee Schedule-Exhibit A 2011 2012 Fee Proposed Fee Planning&Zoning Fees(continued) Subdivision-Minor 250.00 250.00 Extension to Submit Final Plat 125.00 125.00 Variance from City Code- Zoning Chapters Single family residential 125.00 150.00 Extension 125.00 150.00 All others 225.00 250.00 Extension 125.00 150.00 Wetland Management(plus professional fees if necessary) 75.00 75.00 Zoning Examination Letter 75.00 75.00 Temporary Retail Sales in Industrial Zone 150.00 150.00 (for each sale,up to five days) Utility Fees Driveway Covers-Replace 90.00 90.00 Meter Testing(to be returned if ineter is in error of 5%or more of read) 50.00 50.00 Sanitary Sewer Inspections and Compliance Fees(Ordinance No.352) Noncompliant discharge into sanitary sewer(or refuse inspection) Single Family Residential 500/month 500/month Non Single Family Residential 1000/month 1000/month Application fee for noncompliant winter discharge into sanitary sewer 250.00 250.00 Application fee for certificate of sewer regulations compliance Single Family Residential (R 1 or R-2), per structure 250.00 250.00 Non Single Family Residential (all other structures�, per structure 750.00 750.00 Fee to review residential video record completed by private licensed plumber 100.00 100.00 Fee to review non-residential video record completed by private licensed plumber 375.00 375.00 Water on/off per each event(additional charge for call in and overtime) 50.00 50.00 Utility-Manual Read of Water/Sewer Meter 100.00 100.00 Water Meter and Parts(All) At cost+20% At cost+ZO% 11 City of Golden Valley 2012 Proposed Master Fee Schedule-Exhibit A 2011 2012 Fee Proposed Fee Utility Billing Rates-Effective April 1,2012 Residential Utility Rates-quarter�y billing (includes all residential classes except those classified as apartments) ACH Payment Credit (1.00) (1.00) Inspection Fee for Fire lines 6.00 6.00 Penalties(for late payment) 10% 10% Sanitary Sewer(in 1000 gallons) Residential(per dwelling unit)(Flat Rate)-5 and under units-winter qtr consumption 52.00 52.00 Residential(per dwelling unit)(Flat Rate)-6-15 units-winter qtr consumption 56.10 56.10 Residential(per dwelling unit)(Flat Rate)-16-19 units-winter qtr consumption 62.00 62.00 Residential(per dwelling unit)(Flat Rate)-20-25 units-winter qtr consumption 67.40 69.00 Residential (per dwelling unit)(Flat Rate)-26-39 units-winter qtr consumption 80.00 90.00 Residential (per dwelling unit)(Flat Rate)-40-59 units-winter qtr consumption 86.00 98.00 Residential (per dwelling unit)(Flat Rate)-60-79 units-winter qtr consumption 92.00 104.00 Residential (per dwelling unit)(Flat Rate)-80 and over units-winter qtr consumption 100.00 Residential(per dwelling unit)(Flat Rate)-80 to 99 units-winter qtr consumption 115.00 Residential(per dwelling unit)(Flat Rate)-100 and over units-winter qtr consumption 127.00 Recycling Residential curbside(per unit) 10.00 10.00 Storm Sewer Utility Rate Charge for a Residential Equivalent Factor of 1.00 66.00 66.00 Each single family residential property is considered to be 1/3 of an acre. Street Lights Ornamental(per unit) 9.54 9.99 Overhead(per unit) 6.00 6.30 Water Minimum fee,includes up to 1,000 gallons of flow 6.00 6.00 Water meters up to and including 1" 6.00 6.00 Water meters over 1"and including 2" 47.10 48.04 Water meters over 2"and including 4" 65.78 67.09 Water meters over 4" 84.63 86.32 Above 1,000 gallons of flow per quarter up to 79,000(per 1,000 gallons) 4.34 4.44 80,000 gallons and over of flow per quarter(per 1,000 gallons) 4.37 4.47 Water Connection Fee(State Charge for each water hookup) 1.59 1.59 12 City of Golden Valley 2012 Proposed Master Fee Schedule-Exhibit A 2011 2012 Fee Proposed Fee Utility Billing Rates-Effective April 1,2012(continued) Irrigation Accounts(All)-Monthly Billing Minimum fee,includes up to 1,000 gallons of flow 6.00 6.00 Above 1,000 gallons of flow per month(per 1,000 gallons) 4.37 4.47 ACH Payment Credit (1.00) (1.00) Commercial&Industrial Monthly Billing ACH Payment Credit (1.00) (1.00) Inspection Fee for Fire lines 2.00 2.00 Penalties(for late payment on monthly billings) 5% 5% Sanitary Sewer Water meters up to and including 1" 6.94 6.94 Water meters over 1"and including 2" 13.48 13.48 Water meters over 2"and including 4" 20.22 20.22 Water meters over 4" 27.76 27.76 Based on per 1,000 gallons 3.47 3.57 Note:Water Meter Flow is used to establish sewer flow unless a separate sewer flow meter has been established. Storm Sewer Utility Rate Charge per acre for property with a Residential Equivalent Factor of 1.00 22.00 22.00 Street Lights Ornamental(per unit) 3.18 3.33 Overhead(per unit) 2.00 2.10 Water Connection Fee (State Charge for each water hookup) 0.53 0.53 Water Usage: Minimum fee,includes up to 1,000 gallons of flow 6.00 6.00 Water meters up to and including 1" 6.00 6.00 Water meters over 1"and including 2" 15.72 16.01 Water meters over 2"and including 4" 21.95 22.36 Water meters over 4" 28.25 28.77 Water rate above 1,000 gallons 4.34 4.44 13 City of Golden Valley 2012 Proposed Master Fee Schedule-Exhibit A 2011 2012 Fee Proposed Fee Brookview Golf Course Rates Regulation Course 18 Hole Non-patron 35.00 35.00 18 Hole Patron 28.00 28.00 18 Hole Sr Patron 25.00 24.00 18 Hole Non-patron Senior Rate 28.00 28.00 18 Hole Non-patron League 35.00 35.00 18 Tournament 35.00 35.00 9 Hole Non-patron 19.00 19.00 9 Hole Patron 16.00 16.00 9 Hole Sr Patron 14.50 14.50 9 Hole Non-patron Senior 16.00 16.00 9 Hole Non-patron League 19.00 19.00 9 Hole Tournament 20.00 19.00 2nd Nine Non-patron 16.00 16.00 2nd Nine Patron 12.00 12.00 Sunrise/SunsetRate 15.00 15.00 Twilight Non-patron 19.00 20.00 Twilight Patron 16.00 16.00 •� Junior Rate Patron 20.50/11.50 20.50/11.50 Junior Rate Non Patron 22.50/13.50 Par 3 Course 9 Hole Non-patron 12.50 12.50 9 Hole patron 9.00 9.00 9 Hole Sr Patron 8.50 8.00 9 Hole Non-patron Senior Rate 9.50 9.50 9 Hole League 12.50 12.50 9 Hole Tournament 12.50 12.50 9 Hole Junior Rate 8.00 8.00 9 Hole Junior Non-Patron Rate 9.50 9.50 Junior Punch Card 80.00 NA 9 Hole Sr Patron Special 8.50 NA Par 3 Twilight(afre 6 pm)all you can play 10.00 NA 2nd 9 Par 3 7.50 7.50 Patron Cards Resident Adult Patron 75.00/70.00 75.00/70.00 Non-resident Adult Patron 115.00/110.00 115.00/110.00 Resident Senior Patron(age 62+) 45.00/40.00 45.00/40.00 Non-resident Senior Patron(age 62+) 80.00/75.00 80.00/75.00 Resident Junior Patron(17 yrs&under) 35.00/30.00 35.00/30.00 Non-resident Junior(17 yrs&under) 40.00/35.00 40.00/35.00 Par 3 Patron Card 25.00 25.00 Driving Range Warm Up Bucket 3.00 3.00 Small Bucket 5.00 5.00 Large Bucket 7.00 7.00 10 Bucket Punch Pass 57.00 57.00 Large Patron Bucket 5.00 5.00 14 City of Golden Valley 2012 Proposed Master Fee Schedule-Exhibit A 2011 2012 Fee Proposed Fee Brookview Golf Course Rates(continued) Cart Rates 18 Hole Power Cart 30.00 30.00 18 Hole Tournament Cart 30.00 30.00 18 Hole Patron Cart 24.00 24.00 9 Hole Tournament Cart 20.00 20.00 9 Hole Power Cart 20.00 20.00 9 Hole Single Rider Cart N/A N/A 9 Hole Par 3 Power Cart 15.00 15.00 9 Hole Par Patron Cart 16.00 16.00 Pull Cart/Regulation Course 5.00 5.00 Pull Cart/Par 3 Course 4.00 4.00 Trailer fee/Use of personal power cart 14.00/9.00 14.00/9.00 18 Hole Sr Patron Cart Special 24.00 NA 9 Hole Sr Patron Cart Special 16.00 NA Club Rentals 18 Hole full rental-Regulation 20.00 20.00 9 Hole full rental-Regulation 10.00 10.00 9 hole Par 3 half rental 10.00 10.00 LockerRental Season 20.00 20.00 Daily 1.00 1.00 Towel fee 2.00 2.00 Miscellaneous Fees USGA Handicap Service MGA Non-patron 40.00 40.00 Patron Annual 24.00 24.00 No Show Fee FULL FEE FULL FEE Lessons Adult Group 95.00 95.00 Junior Group 60.00 75.00 15 City of Golden Valley 2012 Proposed Master Fee Schedule-Exhibit A 2011 2012 Fee Proposed Fee Park&Recreation Fees (A Non-Resident fee of$5.00 is recommended to be added to Youth,Adult and Senior Activities.) Cancellations would incur a$5 adminstrative fee. Youth Fees Baseball-Park 34.00 35.00 Basketball-Mites 42.00 42.00 Basketball-Youth 47.00 47.00 Bike Rangers 34.00 35.00 Catch, Kick&Throw 32.00 33.00 Chess Club 28.00 29.00 Drama Club(Summer) 59.00 60.00 Drama Club(Fall&Winter) 60.00 62.00 Explorers Hiking&Biking Club 32.00 33.00 Football-Flag 30.00 31.00 Football/Basketball/Soccer Skills 30.00 31.00 Ice Hockey Skills Camp 50.00 51.00 Ice Hockey-Rink Rat 46.00 46.00 Jewelry Making 32.00 32.00 Jump Rope 18.00 19.00 Kickball 29.00 30.00 Kids Club 44.00 44.00 Kids Korner 30.00 31.00 Pre-School Players 37.00 38.00 Pens, Pencils, Markers,&More 24.00 25.00 Pitch by Coach 34.00 35.00 Playgrounds Free Free Preschool Playtime-per time 3.00 3.00 Preschool Playtime-10-time punch pass 25.00 25.00 Sand Volleyball 29.00 30.00 Soccer-Fall 33.00 34.00 Soccer-Nerf 33.00 34.00 Summer Survivor 31.00 32.00 Tap&Ballet 38.00 38.00 T-Ball 34.00 35.00 Tennis Teen Team League 125.00 189.00 Tennis-Full Day Camp 195.00 199.00 Tennis-Half Day Camp 115.00 169.00 Adult/Senior Activities Ballroom Dance-Swing&Social 50.00 50.00 Basketball-Open Drop-in Fee 4.00 4.00 10-time Punch Pass 28.00 28.00 Belly Dancing 65.00 64.00-80.00 Bridge-Beginning 31.00 31.00 Bridge-Intermediate 31.00 31.00 Broomball-Co-Rec Resident 435.00 440.00 Non-Resident 525.00 530.00 15.00 N A 15.00 N A u.,.,..,,�,.-n.,«„�r� ,�...,i 22.00 NA Line Dancing 45.00-60.00 45.00-60.00 Painting(6-time Punch Pass) 39.00 39.00 16 City of Golden Valley 2012 Proposed Master Fee Schedule-Exhibit A 2011 2012 Fee Proposed Fee Park&Recreation Fees(continued) (A Non-Resident fee of 55.00 is recommended to be added to Youth,Adult and Senior Activities.) Cancellations would incur a 55%adminstrative fee. Adult/Senior Activities(continued) Pilates/Yoga 55.00-95.00 55.00-95.00 Self Defense-Tae Kwan Do 56.00 59.00 Soccer League-Co-Rec Resident 450.00 455.00 Non-Resident 600.00 605.00 Softball Leagues-Fall Resident 315.00 320.00 Non-Resident 440.00 445.00 Softball Leagues-Spring/Summer Doubleheader Leagues Resident 620.00 625.00 Non-Resident 820.00 825.00 Single Game Leagues Resident 445.00 450.00 Non-Resident 600.00 605.00 Tai Chi 42.00 Tennis Drills(8 lessons, per 4 week session)2011 rate(2 lessons, per week) 37.00 139.00 Tennis League-Mixed Doubles 26.00 26.00 Tennis League-Singles 20.00 20.00 Volleyball-Open Drop-in Fee 4.00 4.00 10-time Punch Pass 28.00 28.00 Yoga&Pilates 55.00-95.00 55.00-95.00 Senior Programs Bowling Tourney 5.00 5.00 Coffee Talk 2.00 2.00 Craft Classes 6.50-16.00 6.50-16.00 Defensive Driving(refreshments only) 1.00 1.00 �a1a�+e� 2�^�r�-.-0v N A Living Well and Wise 1.00-4.00 1.00-4.00 Lunch Events 9.00-16.00 9.00-16.00 Membership Dues 5.00-8.00 5.00-8.00 Money Matters 1.00-3.00 1.00-3.00 Remember When 1.00-2.00 1.00-2.00 Special Events 4.00-20.00 4.00-20.00 Trips-Extended 2-6 Days 200.00-1,000.00 250.00-1000.00 Trips-One Day 7.50-95.00 7.50-95.00 17 City of Golden Valley 2012 Proposed Master Fee Schedule-Exhibit A 2011 2012 Fee Proposed Fee Park&Recreation Fees(continued) (A Non-Resident fee of 55.00 is recommended to be added to Youth,Adult and Senior Activities.) Cancellations would incur a$5 adminstrative fee. Other Park&Recreation Fees Small Park Shelter Resident(up to 50 people) 85.00 85.00 Non-resident 100.00 100.00 Large Park Shelter Resident(up to 100 people) 100.00 100.00 Non-resident 120.00 120.00 Beer/Wine Permit Only with picnic shelter rental 20.00 20.00 Community Center Resident(over 75 people; 12 hours) 560.00 560.00 Non-resident(over 75 people; 12 hours) 645.00 645.00 Resident(up to 75 people;5 hours max) 25 per hr 25 per hr Non-resident(up to 75 people;5 hours max) 35 per hr 35 per hr Private Industry or Commercial Use Resident/Non-resident SS-65 per hr 55-65 per hr Tennis Court Court/hr/wkday 5.00 5.00 Eve&Weekend 10.00 10.00 Tournament-per day/per court 35.00 Picnic Kits 15.00/kit 15.00/kit Athletic Field Per hour 35.00 35.00 W/Lights per hour 50.00 50.00 Non-Brookview General Park Usage per hour 35.00 35.00 Commercial Use of Park per hour 100.00 100.00 Park Building per hour 40.00 40.00 Hockey Rink per hour 35.00 35.00 Youth Athletic Association per player $5/resident $5/resident Maintenance fee per player $10/non-resident$10/non-resident Invitational Tournament per field per day 50.00 50.00 18