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02-06-12 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valiey City Hall 7800 Golden Valley Road Council Chamber ` Monday, February 6, 2012 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 and Pledge of Allegiance B. 125th Anniversary Essay Contest Winners 3 C. Firefighter Oath of Office - Lisa Robinson and Philip Shea 4 D. Fire Department Retirements - David Comb, Mark Roczniak and Brian Foran 5 2. ADDITIONS AND CORRECTIONS TO AGENDA 3. CONSENT AGENDA Approval of Consent Agenda -All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member or citizen so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes - City Council Meeting - January 17, 2012 6-12 B. Approval of Check Register 1. City 13 2. Housing and Redevelopment Authority 14 C. Licenses: 1. Gambling License Application to Conduct Excluded Bingo - Ladies Auxiliary to 15-17 the Veterans of Foreign Wars Post#7051 2. Solicitor's License - Midwest Tree Experts 18-20 3. Solicitor's License - Investment Lending Associates d/b/a Midwest Homes LLC 21-23 D. Bids and Quotes 1. Pick-up Trucks - Quotes 24-26 E. Letters, Emails and/or Petitions: 1. Emails from Emily Alverson Regarding Theodore Wirth Park/Bottineau Transit 27-28 F. Minutes of Boards and Commissions: 1. Planning Commission - November 14, 2011 29-33 2. Environmental Commission - November 28, 2011 34-35 3. Envision Connection Project Board of Directors - December 15, 2011 36-38 G. Approval of 2012 Legislative Priorities 39-46 H. Support for Funding Request by Five Cities Senior Transportation Project from 2012 47-51 Consolidated Pool - Urban Hennepin County Community Development Block Grant Program 12-8 I. Board/Commission Appointments: 1. Bassett Creek Watershed Management Commission 52-53 2. Environmental Commission 54 4. PUBLIC HEARINGS 7 PM 5. OLD BUSINESS 6. NEW BUSINESS A. On-Sale and Sunday Sale Liquor License - Webb Golden Valley LLC d/b/a Good 55 Day Cafe (New) B. Approval of Updated Emerald Ash Borer Management Plan 56-71 C. First Consideration - Ordinance #478 -Amendment to Section 6.35, Expanding 72-74 Commercial and Institutional Recycling Program D. First Consideration - Ordinance #479 -Amendment to the 2012 Master Fee 75-76 Schedule - Commercial and Institutional Recycling E. Announcements of Meetings F. Mayor and Council Communications 7. ADJOURNMENT G �� °� mm �.. �:, a�� GOUIICII O �, e 763-593-3990/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 6, 2012 Agenda Item 1. B. Recognition of Golden Valley 125th Anniversary Essay Contest Winners Prepared By Shep Harris, Mayor Summary The City Council would like to acknowledge and recognize the 125th Anniversary Essay Contest Winners: First Place: Emma Buttress, Meadowbrook Elementary School, Sixth Grade Second Place: Alison Roston, Neill Elementary School, Fifth Grade Honorable Mention: Max Ackerman, Meadowbrook Elementary School, Fifth Grade Honorable Mention: Sam Buttress, Meadowbrook Elementary School, Fifth Grade r�' � ' �� -�, i� =3�,. Q �� Fire Department _ 763-593-8079/763-593-8098 (fax) � s X 5PF Yy a Executive Summary for Action Golden Valley City Council Meeting February 6, 2012 Agenda ltem 1. C. Oath of Office: Firefighters Lisa Robinson and Philip Shea Prepared By Mark Kuhnly, Chief of Fire & lnspections Summary Firefighters Lisa Robinson and Philip Shea will be present to take their Oath of Office as a Golden Valley Firefighter. Recommended Action Mayor Harris to administer the Oath of Office to Firefighters Robinson and Shea. y� � n � *�� a:_-,: ":.��. Q � �' �, e Fire Department 763-593-8079/763-593-8098(fax) SPF. Executive Summary for Action Golden Valley City Council Meeting February 6, 2012 Agenda Item 1. D. Fire Department Retirement Recognition: Firefighters David Comb, Mark Roczniak and Brian Foran Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary On January 31, 2012, David Comb retired from the Fire Department with 20 years of service; August 31, 2011 Mark Roczniak retired with 30 years of service and on February 6, 2012 Brian Foran retired with 35 years of service. Recommended Action Present service awards to David Comb, Mark Roczniak and Brian Foran for dedicated service to the community. Regular Meeting of the City Council January 17, 2012 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on January 17, 2012 at 6:30 pm. The following members were present: Clausen, Freiberg, Harris, Pentel and Scanlon. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Pledqe of Alleqiance The Pledge of Allegiance was recited. The Staff introduced themselves. Presentation of Life Savinq Awards - Serqeant David Born, Officer Jennifer Sleavin� Officer Scott Goebel and Officer Daniel Wilcox Police Chief Stacy Carlson introduced the agenda item and presented Life Saving Awards to Sergeant David Born, Officers Jennifer Sleavin, Scott Goebel and Daniel 1Nilcox. The Council thanked the staff for their life saving efforts. Recoqnition of the Golden Vallev 125th Anniversarv Committee Mayor Harris introduced the agenda item and presented members of the Golden Valley 125th Anniversary Committee with a Certificate of Recognition. The Council thanked the Committee for their hard work and dedication in p(anning and conducting events celebrating the City's 125th Anniversary Approval of Aqenda MOVED by Scanlon, seconded by Ciausen and motion carried unanimously to approve the agenda of January 17, 2012 as amended: Addition of Letter of Support for Accessible Space, Inc. Approval of Consent Aqenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of January 17, 2012 as amended: Addition of Letter of Support for Accessible Space, Inc. and Removal of Council Assignments. Regular Meeting of the City Council January 17, 2012 Page 2 *Approval of Minutes - Citv Council Meetinq - Januarv 3, 2012 MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the City Council Meeting of January 3, 2012 as submitted. *Approval of Check Reqister MOVED by Pentel, seconded by Freiberg and motion carried unanimously authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. *Solicitor's License - Blackstone Consultina Inc. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the solicitor's license for Blackstone Consulting Inc. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the minutes as follows: Joint Water Commission - November 2, 2011 Envision Connection Project Board of Directors - November 17, 2011 *Memorandum from Former Mavor Marv E. Anderson MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the memorandum from former Mayor Mary E. Anderson, dated December 26, 2011, regarding Council recommendations. *Email from Paula Sunde Reqardinq Resiqnation from Environmental Commission MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the letter from Paula Sunde, dated January 4, 2012, regarding resignation from the Environmental Commission; and request the Mayor send her a letter of appreciation in recognition for her service to the community. *�proval of Plat and Authorization to Siqn Subdivision Development Aqreement - Miller Akin Addition Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 12-3 RESOLUTION FOR APPROVAL OF PLAT - MILLER AKIN ADDITION Regular Meeting of the City Council January 17, 2012 Page 3 *�proval of Plat and Authorization to Siqn Subdivision Development Aqreement - Miller Akin Addition - Continued The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. '"Authorization to Install Yield Siqns on Scott Avenue North and 33rd Avenue North Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 12-4 RESOLUTION TO ESTABLISH A TWO-WAY YIELD CONTROL AT THE INTERSECTIONOF 33RD AVENUE NORTH AND SCOTT AVENUE NORTH (FOUR-WAY APPROACH INTERSECTION) The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. *Call for Administrative Hearinq - Failure to Allow Access for Inspection of Rental Propertv - 510 Jersev Avenue North -2/6/12 MOVED by Pentel, seconded by Freiberg and motion carried unanimously to call for the Administrative Hearing on Appeal of Administrative Citation for failure to allow access for inspection of rental property located at 510 Jersey Avenue North for Monday, February 6, 2012 at 5:30 pm. *Annual Election for 2012 Insurance Policv Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 12-5 RESOLUTION MAKING ANNUAL ELECTIONS FOR THE 2012 INSURANCE POLICY The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Regular Meeting of the City Council January 17, 2012 Page 4 *Authorization for Submittal of Application for MnDOT Local Roads Improvement Proqram Funds for Intersection Improvements at Countrv Club Drive, Douplas Drive and Trunk Hiphwav 55 Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 12-6 RESOLUTION AUTHORIZING THE MINNESOTA DEPARTMENT OF TRANSPORTATION LOCAL ROADS IMPROVEMENT PROGRAM SUBMITTAL FOR IMPROVEMENTS FOR THE INTERSECTION OF COUNTRY CLUB DRIVE, DOUGLAS DRIVE (CSAH 102), AND TRUNK HIGHWAY 55 The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. *Waiver of Public Hearinq and Certification of Special Assessments - 2011(C) Sanitarv Sewer Repairs Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 12-7 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON SANITARY SEWER REPAIRS INVOLVE 2011(C) CITY STREET IMPROVEMENTS The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. *Desiqnation of Data Practices Act Responsible Authoritv and Data Practices Comuliance Official and Department Deleqate MOVED by Pentel, seconded by Freiberg and motion carried unanimously to adopt the Data Access Policy, post public notice of responsible parties, and data request form to the City web site. *Council Assiqnments Council Member Pentel suggested that Council Member Freiberg be added as the Legislative Liaison and Spokesperson delegate. Regular Meeting of the City Council January 17, 2012 Page 5 *Council Assiqnments - Continued MOVED by Pentel, seconded by Scanlon and motion carried unanimously to make the following appointments: Council Liaisons Board of Zoning Appeals Pentel Civil Service Commission Clausen Environmental Commission Pentel Human Services Fund Scanlon, Clausen Open Space and Recreation Commission Scanlon, Clausen Planning Commission Pentel, Freiberg Envision Connection Project Board of Directors Harris Other Assignments Bottineau Transifinray Policy Advisory Committee Pentel, Harris Golden Valley Historical Society Board Member Freiberg, Scanlon Hopkins School District 270 Cities Joint Monthly Meetings Pentel Joint Water Planning and Governance Task Force Harris Legislative Liaison and Spokesperson Freiberg, Harris Metro Cities Pentel, Delegate Freiberg, Alternate Northwest Hennepin Human Services Council Executive Board Pentel Northwest Suburbs Cable Communications Commission Freiberg Robbinsdale School District 281 Government Advisory Committee Scanlon Golden Valley Community Foundation Scanlon *Letter of Support for Accessible Space, Inc. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to request the Mayor send a letter of support to Accessible Space Inc. for submittal with the grant application for housing rehabilitation funds for the group housing facility at 2000 Mary Hills Drive. Appointments to Bassett Creek Watershed Manaqement Commission and Technical Advisorv Committee Mayor Harris introduced the agenda item. Jeannine Clancy presented the item. Regular Meeting of the City Council January 17, 2012 Page 6 Appointments to Bassett Creek Watershed Manaqement Commission and Technical , Advisorv Committee - Continued Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 12-8 RESOLUTION APPOINTING DAVID HANSON AS ALTERNATE COMMISSIONER TO THE BASSETT CREEK WATERSHED MANAGEMENT COMMISSION, AND JEANNINE CLANCY, MEMBER, AND JEFF OLIVER AND ERIC ECKMAN, ALTERNATE MEMBERS, TO ITS TECHNICAL ADVISORY COMMITTEE The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Set Date for Special Joint Citv Council, Planninq, Environmental and Open Space and Recreation Commission Meetinq and Special Council/Manaqer Meetinq - 1/30/12 Mayor Harris introduced the agenda item. Thomas Burt presented the item. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to set a Special Joint City Council, Planning, Environmental and Open Space and Recreation Commission meeting for Monday, January 30, 2012 at 6:30 pm to discuss the Bottineau Transitway. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to set a Special Council/Manager meeting for Monday, January 30, 2012 immediately following the Special Joint City Council meeting to discuss 2012 Legislative Priorities. Announcements of Meetinqs A Bassett Creek Watershed Management Commission meeting will be held on January 19, 2012 at 11:30 am. A Council/Staff Workshop will be held on January 21, 2012 at 9 am at the Brookview Grill. A Bottineau Transifinray Public Meeting will be held on January 23, 2012 from 4:30 to 6:30 pm at the Theodore Wirth Park Golf Clubhouse. The City Council will conduct board/commission interviews on January 30, 2012 beginning at 5 pm. Regular Meeting of the City Council January 17, 2012 Page 7 Announcements of Meetinps The Council set a Special Joint City Council, Planning, Environmental and Open Space and Recreation Commission to discuss the Bottineau Transitway on January 30, 2012 at 6:30 pm. The Council set a Special Council/Manager meeting to discuss the 2012 League Policies on January 30, 2012 after the Special Joint meeting. A Special City Council meeting to conduct an administrative hearing for failure to allow inspection of rental property at 510 Jersey Avenue North will be held on February 6, 2012 at 5:30 pm. The next City Council meeting will be held on Monday, February 6, 2012 at 6:30 pm. Council Appointments: Assistant Weed Inspectors Mayor Harris introduced the agenda item. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to appoint AI Lundstrom and Tim Teynor as Assistant Weed Inspectors for a one-year term. Mayor and Council Communications Council Member Pentel requested the emails from Emily Alverson regarding Theodore Wirth Park/Bottineau Transit be received and filed at the February 6, 2012 City Council meeting. Adiournment The Mayor adjourned the meeting at 7:09 pm. Shepard M. Harris, Mayor ATTEST: Judy Nally, Administrative Assistant �� ° " �'. �- -m =-.,,, :�, � �� µ �/ P� Finance O ' � �� N� V 763-593-8013/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting February 6, 2012 Agenda Item 3. B. 1. 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 Document sent via email. Recommended Action Motion to authorize the payment of the bills as submitted. ;� � �� ,: O � P Finance `'� �, _ ' � � V 763-593-8013/763-593-8109 (fax) �,�,� Executive Summary For Action Golden Valley City Council Meeting February 6, 2012 Agenda Jtem 3. B. 2. Approval of Housing and Redevelopment Authority Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the Housing and Redevelopment Authority. Attachments Document sent via email. Recommended Action Motion to authorize the payment of the bills as submitted. i� �u��` h.�.�N .v��'�w � �� City Administration/Council � � �`�� , � 763-593-80061763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 6, 2012 Agenda Item 3. C. 1. Gambling License Application to Conduct Excluded Bingo - Ladies Auxiliary to the Veterans of Foreign Wars Post#7051 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. Attachments Application to Conduct Excluded Bingo (2 pages) Recommended Action Motion to approve the gambling license application to conduct excluded bingo for the Ladies Auxiliary to the Veterans of Foreign Wars Post #7051. 3/11 Minnesota Lawful Gambling Page 1 of 2 LG240B Application to Conduct Exciuded Bingo No fee ORGANlZATION INFORMATION Organiza ion name L,c-<d r e s �}i�x��v�r� t�� cldz-h Previous gambling permit number ��,��: 1�e1-��.n s 0� �n�--�� n l�Jar� �� r°a��- ��/ ,�`�� 5� Minnesota tax ID number, if any Federal employer ID number, if any S�/�° � �"7� }�'� Type of nonprofit oraanization. Check ('�l one. _�`,Fraternal _�. Religious _� Vetera�s �Other nonprofit organization Mailing address e �� City � ` ,S�ta�t� Zip Code �unty rr`7 S/ �vl�► � �� . ATTACH A COPY OF Q�,� OF THE FOLLOWING FOR PROOF OF NONPROFIT STATUS * Do not attach a sales tax exempt status or federal ID employer number as they are not proof of nonprofit status. � Nonprofit Articles of Incorporation OR a current CertiFcate of Good 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 55155 Phone: fi51-296-2803 t_, Internal Revenue Service-IRS income tax exemption[501(c)]letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877-829-5500. ! : Internal Revenue Service-Affiliate of national,statewide,or international parent nonpro�t organization(charter) If your organization falls under a parent organization,attach copies of �h 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 organization as a subordinate. EXCLUDED BINGO ACTIVITY 1.�'No �Yes Has your organization held a bingo event in the current calendar year? If yes, list the dates when bingo was conducted 2. The proposed bingo event for which we are applying will be: t tiT' one of four or fewer bingo events held this year. Dates 3'��'l Z j�-��2� OR �conducted up to 12 consecutive days in connection with a: _,cou�ty fair. Dates civi::celebration. Dates Mir<s�esota state fair. Dates 3. Person in charg=_ of bingo event , �e c� ,�I eS�'�.� D�tytime phone ��'`�`�3��'�' � � 4. Name of premisc;s where bingo will be conducted �cl��-��_ �-_ 1(�.��Fw �e5� 7�5� 5. Premises street�address 7 7�.� 1�'l�dic;+1� ��K�- I� 6. City �Q��h �t,,e+2.� ��..�7 If township, narr>s of township � County t'ICnw��-,Je�ti Bingo hard cards and bingo number selection dE iices may be borrowe from another organization authorized to conduct bingo. Otherwise, bingo f.ard cards, bingo p ap r, and bingo number selection devices must be purchased from a distributor lic unsed by the Gamblinc Control Board. To find a licensed distribu7or, go to www.gcb,state.mn.us and click �n List of Licensed Di;::ributors. Or call 651-639-4000. Be sure to complete page 2 Page 2 of 2 LG240B Application to Conduct Excluded Bingo 3/11 Chief Executive Officer's Signature Print form and have CEO sign The information provided in this application is complete and accurate to the best of my knowledge. Chief executive officer's signature ,/.�.�t. L•�� Phone number��y`��''""�`� 1 Name (please print) ef + ��t"1 Date �-a�'�Z- Local Unit of Government Acknowledgment and Approval ` If the gambling premises is within city limits,the city must sign this application. On behalf of the cit,v, 1 approve this application for �.-�n�t ity name [j�4��h V Cp�l��, excluded bingo activity at the premises locafed within ;� � the city's jurisdiction. Si na ure of ci personnel rec ' ing application T I t J�l��r��'�'�n"- ��a' Date � �7 �� If the gambling premises is located in a township, only the county is required to sign this.application. For the county: On behalf of the county, 1 approve Print county name this application for excJuded bingo activity at the premises located within the county`s jurisdiction. Signature of county personnel receiving application Title Date For the township: On behalf of the township, (Township signature is not required) 1 acknowledge that the organization is applying for Print township name excluded bingo activity within the township limits. A township has no statutory authority to approve or Signature of township official acknowledging appiication deny an application(Minn. Stat.349.166, Subd.2). Title Date Mail Application and Attachment(s) Send the application and proof of nonprofit You will receive a document from the Gambling Control Board with status to: your exciuded permit number for the gambiing activity. Your Gambling Cantrol Board organization must keep its bingo records for 3-1/2 years. Suite 300 South 1711 W.County Rd.B Questions? Contact the Gambling Control Board at 651-639-4000. Roseville,MN 55113 This form will be made available in alternative format(i e large print, Or, you may fax it ta 651-639-4032. Braille) upon request � ��'��r�� r._; . _�.� ,�� ,� .� Data privacy notice: The information Your organization's name and Private data about your organization are requested on this form (and any address will be public available to: Board members, Board staff attachments) will be used by the information when received by whose work requires access to the Gambling Control Board (Board; to the Board. All other information information; Minnesota's Department of determine your organization's provided will be private data Public Safety; Attorney General; qualifications to be involved in lawful about your organization until Commissioners of Administration, gambling activities in Minnesota. Your the Board issues rhe permit. Minnesota Management & Budget, and organization has the right to refuse to When the Board ssues the Revenue; Legislative Auditor, national and supply the information; however, if your permit, all informat�on provided international gambling regulatory agencies; organization refuses to supply this will become public. :f the Board anyone pursuant to court order; other information, the Board may not be able does not issue a permit, all individuals and agencies speciflcally to determine your organization's information provided remains authorized by state or federal law to have qualifications and, as a consequence, private, with the zxception of access to the information; individuals and may refuse to issue a permit. If your your organization's name and agencies for which law or legal order organization supplies the information address which will remain public. authorizes a new use or sharing of requested, the Board will be abie to information after this notice was given; and process your organization's application. anyone with your written consent. � : .�:� ��: � � km.:__ m..:.x_:, - "�: City Administration/Council 0 e 763-593-3991 /763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 6, 2012 Agenda Item 3. C. 2. Solicitor's License - Midwest Tree Experts Prepared By Judy Nally, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products, taking orders or soliciting for business or donations must be licensed by the City to do so. Attachments Peddler/Solicitor License Application (2 pages) Recommended Action Motion to approve the solicitor's license for Midwest Tree Experts. Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the first and third Tuesday of each month. PEDDLER/SOLICITOR LICENSE APPLICATION � TO: Golden Valley City Council Fee Paid: $� 7800 Golden Valley Road Number of Persons: —� Golden Valley, MN 55427 Type of License: Peddler Solicitor ' e one) � Enclose the sum of$�for � (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. ��i�� t� ��pr�� - - - (Business or Individua Name or Organization to be Licensed) �1 � �a�1�� (MN Business ID or FEIN (Federal ID) for Business Licenses) Define Business 1re� `.�.`,.;� (Corporation, Proprietorship, Partnership, Non-Profit, State of Incorporation or Individual) 3�� s�. �- � (Address) �'c� ��7 �t�� -- -— City, State and Zip Code) C°o�1� ��1-4�� (Telephone Number, including Area Code) NOW, THEREFORE, C�l+�w�s s�, �,�� hereby makes application for +��1 i2, (Applicant Name) period of �-��b�� through ��, subject to the conditions and provisions of said City Code. . (Signature o App icant/ i cipal Officer) Description of goods or services for sale (include prices) or indicate if soliciting donations. If more space is needed, attach additional sheets (be specific): W+ o�; �u r i3 . ,t. r .J cv, NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization wil! maintain a list of n i� s and ad�lresses of all persons engaged in peddling or soliciting in the City: �t � e�n � �. (If more space is needed, attach additional sheets) STATE OF �'°yj�� ) . ) ss. COUNTY OF ��'11 t�t/1, ) / ` I, of ��k�c� r �d 3� (Officer ividual) (Name of Organi ation) being first duly sworn, depose and say that all the foregoing information is true to his/h own knowledge except as to matters therein stated on information and be4ief, and to such matters, he/she believes them to be true. Si nature o pplica rincipal Officer) Subscribed and sworn to before me this �� day of � - , 20(Z- �- (Signature) � � ' J�i��'�'k��. ��1l..t,.1P � ��, ..�:� �'t'��;f€��-� x �� ..�� ;�.�a.�ass �4 �� '� 'r ,�� : � r ' n ; �,�� ;. �� ` � . �� City Administration/Council � � °� • .-�� 763-593-3991 /763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 6, 2012 Agenda Item 3. C. 3. Solicitor's License - Investment Lending Associates d/b/a Midwest Homes LLC Prepared By Judy Nally, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products, taking orders or soliciting for business or donations must be licensed by the City to do so. Attachments Peddler/Solicitor License Application (2 pages) Recommended Action Motion to approve the solicitor's license for Investment Lending Associates d/b/a Midwest Homes LLC. Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the fi�st and third Tuesday of each month. PEDDLER/SOLICITOR LICENSE APPLICATION TO: Golden Valley Cit�r Council Fee Paid: $ `�d 78a0 Golden Valley Road Number of Persans: �— Golden Valley, MN 55427 Type of License: Peddler Solici (circle one) Enclose the sum of$ �1D fo��(number) peddlers/solicitors as required by City Code af the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this iicense. �nv�cS�"'r►�G-nt L�c�;ng �SSoGia�'�5 d6r, l�'y�c�w�sf- �},QM�:�s LLC. (Business or Individual Name or Organizatian to be Licensed) ��- l�q 30�0 . (MN Business ID or FEIN {Federal ID)for Business Licenses) Define Business {�7�`�oI'�et+oj3 {Corporatian, Proprie#orship, Partne�ship, Non-Profit, State of lncorporation or Individual) S3QQ I��c.lw:V l��l�S �r, (Add�ess) �1�►�,s , rA soo�y City, State and Zip Code) (s�s) ��- �998 (Tetephone Number, including Area Code) NOW, THEREFORE, - �� hereby makes application for riod of ' �7 �Z �2 3� Z (Applicant Name) pe through _, subject to the conditians and provisions of said City Code. —�s (Signature of Applicant/Principal Officer) Description of goods or senrices for sale (include prices) or indicate if soliciting donations. If more space is needed, attach additionai sheets (be specific): �W�:+7� CA!'ni»Q ��c�t'�na •C�b��C.f"'S " �3(�d/ SQ N�TE: If the products for sale are changed or modified, you must give the City complete infomnation regarding such change or modification. List the names and addresses of EACH person who will be pedc!ling or soliciting on behalf of said organization in the City, or, in the altemative,the name, address and telephone number or numbers where a re�sponsible person of said organizatian will maintain a tist of names and addresses of all persons engaged in peddling or soliciting in #he City: _��if' t�'Qo�rk�, - S3QO µ►��v I�:t►s br. ��-s�i� soo��% 5�-Lvc. 0'�urk�-S3tx} 1�%utcory }��►f s b r. /��sr �'f1 S`"oo 15/ Ga be lCr,•'tti— �6�3� Char�GS AvL. Apt. JO'� i ,5t. pa u I �M N ss�a�! (If more space is needed, attach additional sheets) �� ,� STATE dF ��ov�q��J) COUNTY OF ��ss. ._ _ � � .'��IJt. pf 1nYtbf�hu7t �� /T3Jtk%+ck,5 �v6 •"�� K.l.� r (Officer/lndividual} (Name of Org nization) being first duly sworn, depose and say that all the#o�egoing information is true to his/her own knowledge except as to matters therein stated on information and belief, and as to such matters, he/she believes them to be true. �� Signature of Applicant/Principal Qfficer) Sub�r�d and sw rn to before me this � day of , 2d� � . (Signature) �w�w�r��rawa�e�w�w►* �. "" JUDiT�I A. NALLY ,� .��---�',�_.: gfOT�F;:Po!jt3�.iG- -�: �:_ ,.�r, ` ��,i�n.St,�$ x ; 0 � ,W. � _ �N�a� .�� Oy� � � � �, e Public Works 763-593-8030/763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting February 6, 2012 Agenda Item 3. D. 1. Purchase Ford Pickup Trucks Prepared By Jeannine Clancy, Director of Public Works Stacy Carlson, Chief of Police Bert Tracy, Public Works Maintenance Manager Steve Loomis, Vehicle Maintenance Foreman Summary The Proposed 2012-2016 Capital Improvement Program includes: 1. $25,000 for the purchase of one Engineering Division pickup truck (V&E-044, page 29) to replace Unit#229, 1999 Ford pickup truck. 2. $43,000 for the purchase of one Park Division truck with utility box (V&E -056, page 32) to replace Unit #455, 2001 Ford pickup truck. 3. $35,000 for the purchase of one Police Department Community Service Officer (CSO) vehicle (V&E-081, page 38) to replace Unit#896, 2006 Ford Expedition. 4. $26,000 for the purchase of one Engineering Division pickup truck (SS-22, page 76) to replace pickup truck utilized for storm sewer system engineering and inspection, Unit #501, 2001 Ford pickup truck. 5. $45,000 for the purchase of one Utility Division truck with utility box (W&SS-035, page 86) to replace Unit#673, 2002 Ford utility truck. All vehicles scheduled for replacement meet 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. Any vehicle/equipment scoring 28 points and above meets the category of"needs immediate consideration." The following is a summary of the rating: Year/Make/Model VCI Index En ineerin Unit#229 1999 Ford Picku Truck 33 oints Park Division Unit #455 2001 Ford Picku Truck 29 oints Police CSO Unit#896 2006 Ford Ex edition 28 oints En ineerin Unit#501 2001 Ford Picku Truck 29 oints Utilit Division Unit #673 2002 Ford Utili Truck 28 oints The purchase of the trucks will be made under the State of Minnesota truck Contract 37667, from Midway Ford Commercial Fleet and Government Sales, for 2012 Ford trucks. Contract Item Vendor Amount Na 37667 2012 Ford F150 Super Cab Midway Ford $22,630.88 Pickup Truck, 6.5' Box Commercial Fleet and En ineerin Division Government Sales 37667 2012 Ford F350 Regular Midway Ford $24,326.82 Cab Pickup Truck, 8' Box Commercial Fleet and Park Division Government Sales 37667 2012 Ford F150 Crew Cab Midway Ford $30,096.88 Pickup Truck, 6.5' Box Commercial Fleet and Police CSO Government Sales 37667 2012 Ford F150 Super Cab Midway Ford $22,630.88 Pickup Truck Commercial Fleet and En ineerin Storm Sewer Government Sales 37667 2012 Ford F350 Super Cab Midway Ford $26,844.82 Pickup Truck, 8' Box Commercial Fleet and (Water and Sanita Sewer Government Sales TOTAL PURCHASE $126,530.28 The purchase of truck equipment will be made under the State of Minnesota truck equipment Contract C#-28603, from Aspen Equipment Company, Inc. Contract No. Item Vendor Amount 28603 2012 Reading Classic II Aspen Equipment $15,745.89 Aluminum Utility Truck Body and Accessories for Park Division 28603 2012 Reading Classic II Aspen Equipment $14,174.83 Aluminum Utility Truck Body and Accessories for Utility Division TOTAL PURCHASE $29,920.72 Purchase of trucks and utility truck bodies will be funded from three funding sources: Vehicle and Equipment Capital Improvement Program (CIP) fund (V&E, page 21) and Enterprise Funds; Water and Sanitary Sewer CIP (SS, page 72); and Storm Sewer CIP (W&SS, page 83). Expenditures from each fund are as follows: CIP Funds Totals Vehicle and E ui ment Pro ram $93,677.92 Storm Sewer Pro ram $22,630.88 Water and Sewer Pro ram $41,867.10 Additional accessories will be purchased during the setup of the trucks and coded to the appropriate CIP. The additional accessories are safety lighting for all trucks, computer stands, tool boxes, etc. Recommended Action 1. Motion to approve purchase of five Ford trucks from Midway Fard Commercial Fleet and Government Sales for a total purchase price of$126,530.28. 2. Motion to approve purchase of Reading Classic II Aluminum Utility truck bodies and accessories from Aspen Equipment for a total purchase price of$29,920.72. From: Emily Alverson Sent: Thursday, January 12, 2012 11:16 AM To: 'planning@goldenvalleymn.gov' Subject: Theo Wirth Park/ Bottineau Transit Importance: High Joe Hogeboom, I left you a voicemail and also wanted to send an email. I recently received your letter indicating the city is considering routing the proposed Bottineau LRT along the border of Theodore Wirth park (option D1 of the Bottineau Transitway Plan). I live on Xerxes Ave N and experience on a daily basis the nature and animal life that exists in the Burlington Northern Santa Fe Railroad Corridor. Routing a train every 7 minutes through this nature area for the "travel time convenience" of the north suburbs does not seem to justify the permanent damage to the environment and community surrounding this area. A few specific questions for you: • What is your perspective on this topic? • Will you be present at the meeting on Monday, January 23rd at 4:30pm at Theodore Wirth Chalet? • Was this project option already approved by the Park and Rec board? Golden Valley's uniqueness is centered around its dedication/commitment to nature. I would expect you would support and respect the community on this initiative and protect further development of our natural resources. Thank you in advance for a prompt response. Emily Alverson Huron Healthcare 550 W Van Buren St � Chicago, IL 60607 P 612-636-8792 � F 503-684-4203 ealverson(a�huronconsultinqqroup.com www.huronconsulting,.qroup.com From: ealverson@huronconsultinggroup.com [ealverson@huronconsultinggroup.com] Sent: Sunday, January 15, 2012 2:48 PM To: Planning; Harris, Shep Cc: bottineau@co.hennepin.mn.us; Clausen, Joanie; Freiberg, Mike; Pentel, Paula; Scanlon, DeDe Subject: RE: Theo Wirth Park / Bottineau Transit Hi Joe, Shep and GV Council, Me again. Are you aware of the specific proposal for the BNSF golden valley option? According to the RFP I am reading the current freight rail will need to be moved to the West in order for the new rail to be constructed (in Theo Wirth wetland/weak soil). This is major construction — much less than what is being perceived by the public I think. The notices I have seen to date sure make it sound like the train will run on the current track... which is not the case. I also read that the county and railroad is stating that the D1 Golden Valley option is cheaper and they support it. I would appreciate access to this data as frankly I just do not believe it. In addition to moving the freight rail, the county would be purchasing half of the land that the railway owns. How moving a freight rail and laying new rail in a wetland (impacting our water shed) be cheaper than laying rail on a concrete foundation in a developed area? In general, the more I read, the more helpless it feels. There seem to be some larger political interests (BNSF, Target, folks afraid of North Minneapolis) in control of this decision. It makes me feel like a "list of concerns" from Golden Valley will even make a difference. Please reassure me that it will.... Thanks again for your time. Emily Alverson Huron Healthcare 550 W Van Buren St � Chicago, IL 60607 P 612-636-8792 � F 503-684-4203 ealversonCa�huronconsultinggroup.com www.huronconsulting,,.qroup.com Regular Meeting of the Golden Valley Planning Commission November 14, 2011 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, November 14, 2011. Chair Waldhauser called the meeting to order at 7 pm. Those present were Planning Commissioners, Cera, Kisch, Kluchka, McCarty, Schmidgall, Segelbaum and Waldhauser. Also present was Director of Planning and Development Mark Grimes, City Planner Joe Hogeboom and Administrative Assistant Lisa Wittman. 1. Approval of Minutes October 24, 2011 Regular Planning Commission Meeting Waldhauser referred to the first paragraph on page 3 and asked that it be clarified to explain that the process to re-designate the properties "on the General Land Use Plan Map, in the Comprehensive Plan" could take up to six months. 2. Informal Public Hearing — Planned Unit Development Amendment— 7200 Wayzata Blvd, Lupient Infiniti — PU-66 Amendment#4 Applicant: Lupient Infiniti Addresses: 7200 Wayzata Boulevard Purpose: To allow for the expansion of the showroom and entry of the Infiniti dealership plus a car wash addition to the north end of the building. Hogeboom explained the applicant's proposal to amend their existing PUD in order to add a car wash bay and expand the showroom and entryway. He noted that this proposal could not be considered as a Minor PUD Amendment because the footprint of the building will be expanding more than 3%. Hogeboom stated that staff is recommending approval of this request. He referred to the PUD section of the City Code and read the criteria used when considering approval of PUD proposals. Segelbaum stated that the criteria Hogeboom referred to applies when considering a new PUD proposal. Hogeboom agreed and said it is still helpful to use the criteria as a guide. Cera noted that the property is zoned Mixed Use and asked how this proposal fits within that zoning district. Hogeboom stated that that PUD is considered to be a separate zoning district and since this PUD already exists the Mixed Use requirements wouldn't apply. However, if this were a new proposal (not an amendment) it would require a Conditional Use Permit (CUP) because uses that require a CUP in the Commercial Zoning District also require a CUP in the Mixed Use Zoning District. Minutes of the Golden Valley Planning Commission November 14, 2011 Page 2 Kluchka asked who is responsible for the maintenance of the road on the front side (south) of the building. Grimes stated that the road along the south from Pennsylvania to Louisiana is privately owned and maintained by Lupient. Kluchka asked if the Planning Commission can add a conditional of approval stating that the road must be repaired. Grimes stated that the City can require that the road be maintained however, he knows that there are poor soil conditions in this area which makes maintenance difficult. Kluchka said he would like staff to review the condition of the roadway before this proposal goes to the City Council. Ken Nordby, NAI Architects, representing Lupient showed the Commission photos of the existing building and renderings of the building after the proposed additions are complete. He explained that as a result of the proposed addition they will lose four of their inventory parking spaces, but no customer parking spaces. He referred to the maintenance of the roadway and noted that Lupient spent $11,000 this year on maintenance due to the soil conditions. Waldhauser referred to the parking area south of the proposed new glass wall feature and said she is surprised there is no landscaping proposed for that area. She asked if the parking spaces in that area are necessary and if it could be used instead for green space. Nordby stated that is a convenient spot for customers to park and added that the parent company mandating the design will not allow landscaping in front of the proposed glass wall feature because they want a clear view from the outside into the showroom. Kisch asked about the rationale of moving the handicap parking stalls from where they are currently located to the south of the building. He noted that in the proposed new design people will have to cross the driveway to get to the entryway. Nordby explained that the proposed new location (on the east side of the building) for the handicap parking stalls will be more accessible and are actually closer to front entry door. Kisch suggested that a crosswalk be added from the handicap stalls to the front door. Kluchka referred to the existing trees located between the showroom and the service area and asked if they are being removed and if the applicant has submitted a landscaping plan. Nordby said they have not done a landscaping plan, but that they would be willing to do one. Waldhauser agreed that there is very little green space and what little there is will be removed. Kluchka asked if the site is in conformance with the lighting ordinance. Nordby said the lighting on the site is not changing. Hogeboom noted that since the lighting is not changing a lighting plan is not required. Cera asked about the barbershop idea that had been proposed in the past for the main Lupient dealership building to the east. Nordby said that Lupient never went forward with the barbershop proposal. Waldhauser opened the public hearing. See and hearing no one wishing to comment, Waldhauser closed the public hearing. Minutes of the Golden Valley Planning Commission November 14, 2011 Page 3 Schmidgall said he is in favor of the proposed PUD amendment because it will be an improvement to the area. However, he would like to see more green space on the site. Kisch agreed and stated that he would like to add as a condition of approval that the area between the handicap parking stalls and the,front area be striped. Segelbaum also agreed and said he thinks the proposal mee�s the criteria in the PUD ordinance. MOVED by Cera, seconded by Segelbaum �nd motion carried unanimously to recommend approval of PUD #66, Amendm�nt #4 to allow for the expansion of the showroom and entry of the Infiniti dealership plus a car wash addition to the north end of the building subject to the following conditior�s: 1. The plans submitted with the application Ishall become a part of this approval. These plans were prepared for Lupient Automotive Grroup and include the following: existing and demolition site plan, proposed site plan, �xisting floor plans, orientation plans floor plans — building A, floor plans — building B and e�Cterior elevations. 2. All recommendations and requirements �utlined in the memorandum from Deputy Fire Marshal Ed Anderson to Mark Grimes, Dlirector of Planning and Development dated September 27, 2011 shall become a par� of this approvaL 3. A landscape plan showing some restored green space shall be submitted before the Preliminary Plan goes to the City Council for consideration. 4. The walkway between the handicap parl�ing stalls and the front entry shall be striped. 5. Staff will review the condition of the priva'�te roadway along the south property line to determine if any maintenance is requirec�. 6. All signs on the property must meet the rjequirements of the City's Sign Code. 7. This approval is subject to all other state� federal, and local ordinances, regulations, or laws with authority over this development. I I 3. Informal Public Hearing — Property�Rezoning — 1100, 1170, 1200 and 1300 Douglas Drive North — Rezoning fr�m Single Family (R-1) Residential to Medium Density (R-3) Residential '�Z012-17 Applicant: City of Golden Valley ', Address: 1100, 1170, 1200 and 1�00 Douglas Drive North , Purpose: To consider rezoning th� properties from Single Family (R-1) Residential to Medium �';ensity (R-3) Residential in order to bring the Zoning Map into conforrrhance with the General Land Use Plan Map. Hogeboom referred to a map of the properti�s and explained the proposal to rezone them to Medium Density (R-3) Residential in order to bring the Zoning Map into Conformance with the General Land Use Plan Map. The I�nd use designation on the General Land Use Plan Map for these properties is High Densi�y Residential. Kluchka asked about the mailing list for the I{�ublic hearing notifications. Hogeboom stated that the property owners received individual�letters and property owners within 500 feet of the subject properties received notification fpr this public hearing. Minutes of the Golden Valley Planning Commission November 14, 2011 Page 4 Segelbaum asked about the impact to the existing homes and if their use would be restricted. Hogeboom said the properties, if rezoned, would be considered to be non- conforming due to either the zoning or setback requirements. He explained that the homes can be maintained and improved but they could not expand. Kisch clarified the Zoning Map designations that would work in each the General Land Use Plan Map categories as follows: properties zoned R-1 and R-2 would be allowed in the Low Density land use category, properties zoned R-2 and R-3 would be allowed in the Medium-Low Density land use category, properties zoned R-3 & R-4 would be allowed in the Medium-High Density land use category and properties zoned R-3 and R-4 would be allowed in the High Density land use category. Kisch asked about the rationale in not allowing single family homes in the R-3 Zoning District. Grimes explained that allowing single family homes in the R-3 Zoning District would make long-term development more difficult. Hogeboom added that zoning districts help define where long-term higher density can be located versus long-term lower density. Waldhauser opened the public hearing. Mark Schulte, 6336 Phoenix Street, stated he would like to know how this proposed rezoning impacts his neighborhood and his property value. He said there are a lot of neighbors who are concerned about how close they will be to high density housing and how property values will be affected. Seeing and hearing no one else wishing to comment, Waldhauser closed the public hearing. Kluchka asked which properties have been acquired for the Douglas Drive Corridor Project. Hogeboom said there will be some properties acquired north of Golden Valley Road. Kisch referred to the Metropolitan Council's demographics regarding the rise in population and asked if this proposed rezoning with help the City plan for higher density especially since the corner of Harold Avenue and Winnetka Avenue is no longer being proposed for higher density. Hogeboom said the Metropolitan Council gives estimates based on regional levels and each City has to plan long-term for the increased population. Grimes stated that he feels a well-maintained and landscaped higher density development would fit in well in this area. McCarty asked why it is being limited to such low density. Hogeboom stated that a developer could petition the City in the future to rezone it to a higher density zoning category. Schmidgall said he is in favor of the proposed rezoning to R-3 residential, but he would not support a 60-foot high, vinyl sided building like what was proposed previously for this area. Minutes of the Golden Valley Planning Commission November 14, 2011 Page 5 Kluchka asked what uses would be considered Conditional Uses are in the R-3 Zoning District. Grimes read the following list of Conditional Uses found in the R-3 Zoning District in the City Code: Residential facilities serving 25 or more persons, Group Foster Homes, Senior and physical disability housing to a density in excess of 12 units per acre or up to 5 stories or 60 feet in height and retail sales, Class I and II restaurant establishments, and professional offices within principal structures containing 20 or more dwelling units when located upon any minor or major arterial street. Any such sales establishment or office shall be located only on the ground floor and have direct access to the street. MOVED by Segelbaum, seconded by Schmidgall and motion carried unanimously to recommend approval of rezoning the properties located at 1100, 1170, 1200 and 1300 Douglas Drive North from Single Family (R-1) Residential to Medium Density (R-3) Residential in order to bring the Zoning Map into conformance with the General Land Use Plan Map. --Short Recess-- 4. Reports on Meetings af the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings No reports were given. 5. Other Business The Commission discussed possible dates for the annual holiday party. The consensus was to have the party on December 7 at the Brookview Grill. 6. Adjournment The meeting was adjourned at 8:15 pm. David A. Cera, Secretary GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting Minutes November 28, 2011 Present: Commissioners, Baker, Hill, Stremel, Sunde; Jeannine Clancy, Public Works Director; Eric Eckman, Public Works Specialist; Mark Ray, Public Works Engineering Technician; and Lisa Nesbitt, Administrative Assistant Absent: Commissioners Anderson and Gitelis 1. Call to Order Baker called the meeting to order at 7 pm. 2. Approval of Reqular Meetinq Minutes — October 24, 2011 MOVED by Hills, seconded by Stremel, and the motion carried unanimously to approve the minutes of the October 24, 2011 meeting. 3. Presentation bv GreenStep Cities Philip Muessing, (GreenStep City Coordinator with the Minnesota Pollution Control Agency) and Diana McKeown (Metro CERT Director with Clean Energy Resources Teams) spoke to the commission about the GreenStep Cities program. GreenStep Cities is an assistance program for Minnesota cities that supports the implementation of 28 cost saving and energy reduction best practices. Information about the program is on file. Ray compared GreenStep Cities to the finro programs the city is currently involved in (ICLEI and US Mayor's Climate Protection Agreement). His summary is on file. The commission requested that discussion of the GreenStep Cities program be put on the next meeting agenda. 4. Waste Hauler Requirements Ordinance Amendmant Baker reported that he presented the draft waste hauler requirements ordinance at the November Council/Manager meeting. The city attorney expressed his concern regarding the group rate requirement. Council will consider the ordinance at the December 6tn meeting. The Commission was shown a copy of the upcoming issue of CityNews which featured a two page article on the new recycling program. 5. 2012 Meetinq Schedule The 2012 meeting schedule was reviewed which no changes. The December 12, 2011 meeting will be cancelled. 6. Proqram/Proiect Updates In addition to the summary on file Eckman reported that he will be attending the Upper Mississippi River Basin TMDL for bacteria. A summary of the other program/project updates is on file. Minutes of the Environmental Commission November 28, 2011 Page2of2 7. Commission Member Council Reports No reports 8. Other Business Ray will contact Allied Waste about touring their recycling facility. The commission's first choice is to tour the facility on a Monday night but with enough notice could potentially make a late afternoon tour. 7. Adiourn MOVED by Stremel, seconded by Hill, and the motion carried to adjourn. The meeting adjourned at 8:50 pm. The next scheduled meeting will be January 23, 2012 at 7 pm. Minutes Envision Connection Project Executive Board December 15, 2011 7 pm, Brookview Community Center, Conference Room Board of Directors: Linda Loomis, Chair, Jim Heidelberg (7:25), Sharon Glover, Cindy Inselmann, Helene Johnson, Philip Lund, Dean Penk, Mike Schleif, Marshall Tanick (7:29), Blair Tremere Members Excused: Lynn Gitelis, Luke Weisberg Guest: Jeremy Foreman, CommonPlace Network Staff: Sandy Werts. 1. Call to Order The meeting was called to order at 7:08 pm by Mayor Linda Loomis. 2. Approval of Agenda Werts asked to add "Thank You to Mayor Loomis" to 8. Communications. The Agenda was approved as amended. 3. Approval of the Minutes of November 17, 2011 Motion: A motion was made by Penk and seconded by Schleif to approve the minutes of the November 17 meeting as written. 4. Community Foundation Update The Foundation board met on December 14 and worked on a solicitation letter that will be distributed to Golden Valley Residents. The January/February CityNews will have an article on the Foundation. In January the board plans to look at possible donors to contact. On Give to the Max day $1048 was raised. Tremere has talked to city manager Tom Burt about getting one of the city's extra phone lines. It will cost $7 a year. 5. Bridge Building Activities • Commonplace Web PlatForm oAs of December 15, Commonplace has 356 users compared to the 58 on I-Neighbors o Resource Fair— December 7 —The Foundation would like to hold this on an annual basis. There was a good connection with the vendors, although it was not well attended by the public. Foreman said Hands-on-Twin Cities is holding the largest volunteer fair in Minnesota at the Mall of America on Saturday, February 18. Lund said that many of the resources agreed to participate in Valley Days. o Blood Drive — Foreman said that 13 units were collected. This will help 39 people. Chantell Knauss, the Assistant City Manager said the city will host a blood drive once a year. o CommonPlace Network— Loomis asked how the website will work once Foreman leaves. He replied that he will continue to monitor it. It will be in maintenance mode the next two months. His e-mail is still active and he will he will respond to phone calls. The service is free to Golden Valley. • Bridge Builders —Tanick is scheduling the next meeting at Breck School on a Saturday in January. The preferred dates in order are January 21, 28 and 14. Lund asked about the focus of the meeting. Penk with explain Bridge Builders. After the meeting there will be a tour of the school. Tanick will ask for a student guide. Foreman said he can set up a CommonPlace feed for Bridge Builders; however, a "feed owner" is needed. Tremere and Lund said they would be the owners. People can then subscribe to the feed. • Envision Award - Loomis is still planning to send in nominations. • Ice Cream Social —Werts said that it is time to set the date for the Ice Cream Social. July 16 would be the date if following the traditional schedule. The committee did not have an idea for a band, but asked for "something lively." A suggestion was made to have Werts ask Recreation supervisor Andy Soltvedt to contact the Valley Days people in charge of entertainment. • Goinq Global —Johnson reported that she talked to Mayor-elect Harris to be sure it would be alright to look into a sister-city program. Harris had sister cities listed in his election literature. Johnson would like to have a gathering in late January. She has talked to Tanick about a co-facilitator. She would like someone foreign born. She is looking for contact information of leaders in different immigrant communities. The purpose of the get together is to recognize that there are many people of different cultures in the community. • Valley Davs —According to Lund, the event will be one day, May 19. It is staying at Brookview Park. The same route will be used for the parade. The parade needs to be publicized more. Anna Silverman is stepping down from coordinating the art fair. She is looking for someone to take it over. More food vendors are being added. They would like to add Old Fashioned Baseball. Tanick suggested a Tennis Tournament. Burying the Time Capsule is another possible activity. • Lilac Planting—no report • Garden Club— no report • Farmers Market—no report • Neighbors He/ping Neighbors— no report • Valley Volunteer Day—no report 6. 125 Anniversary Recap The Celebratory Event on December 2 went very well. There was a nice article in the West Metro section of the Star Tribune on the Hall of Fame. There will be some follow up activities and the Hall of Fame will become an on-going program. There is a balance of$7800 of the money raised for the event. This will be going to the Community Foundation. 7. New Business • Envision Connection Project in 2012 —Johnson, Penk and Tanick met with Mayor-elect Harris. He is supportive of the group going forward and the city providing staffing. He is also very supportive of the Community Foundation. Werts looked at the Resolution creating the Envision Connection Board, Resolution 07-35 dated August 21, 2007 —states that the mayor will be a member and serve as chair. Tanick suggested that the Board develop a list of accomplishments. This information is included in the centerfold of the city newsletter in 2011. Penk will take the lead on preparing a "Status Report" • Select chair for 2012 —Tremere volunteered to be the interim chair. 8. Communications Thank you to Mayor Loomis —the board thanked Mayor Loomis for her service to the board. 9. Recruitment of Members to Executive Board — No discussion 10.Upcoming Meetings — January 19, Feb.16, Mar. 15 — Brookview Conference room 11.Adjournment The meeting adjourned at 9:20 pm. $ �� »''<� � � �� City Administration/Council O � °� � e 763-593-3989/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 6, 2012 Agenda Item 3. G. Approval of 2012 Legislative Policies Prepared By Chantell Knauss, Assistant City Manager Summary For a number of years the City Council has adopted Legislative Policies in order to share local priorities with area legislators and seek their assistance in forwarding these priorities. Based on further direction provided at the last Council/Manager Meeting, staff has re-drafted the attached 2012 Legislative Policies pertaining to the following areas: Motor Vehicle Licensing Departments, Inflow and Infiltration (I/I), Impaired Waters, Organized Solid Waste Collection and Market Value Homestead Credit and Homestead Market Value Exclusion. Attachments City of Golden Valley 2012 Legislative Policies dated February 6, 2012 (7 pages) Recommended Action Motion to approve City of Golden Valley 2012 Legislative Policies. q p �s�'��'(W�' �n�. � � �i ii� 1 i ih�� A� �� v� i� I � �i ' �P aj'�,� � r Y . . . . . . . .. Gtty U� * �1V� 11�1 Presented to the City Council February 6,2012 I'olicy 1. I7 eputy Registrar Issue The City of Golden Valley Department of Motor Vehicle Licensing (DMV) has been serving Golden Valley residents and the surrounding communities since 1986.Criminal activity by a former employee resulted in the City volutarily closing the Department April 1,2011 until a thorough criminal investigation and independent audit could be completed.Charges were filed against the former employee lune 22,2011.MMKR completed a preliminary independent audit in April 2011. The City submitted the report to the Minnesota Office of the State Auditor and to the Minnesota Department of Safety Driver and Vehicle Services(DVS) Division in April 2011. The City worked cooperatively with DVS and is poised to implement all recommendations from the audit report once allowed to reopen.The DVS has declined the City's repeated attempts to schedule a meeting to discuss a reopening date. Response The City of Golden Valley would like to use its experience in proactively managing this situation to help the DVS develop and implement best practices to be used by DMVs statewide.The City recommends legislation requiring the DVS to resolve all issues related to a DMV's closing wifhin one year of its closing. 7�0(?Golden Valley Road,Golden Vafley,MN SS427 763-593-8006 �� Polic-y 2. Metropolitan Council Inflaw/Infiltration Issue The Metropolitan Council Environmental Service's(MCES)Water Resources Management Plan es- tablished an I/I surcharge in 2007 on cities determined by MCES to be contributing unacceptable amounts of storm water to the MCES wastewater treatment system.Since the inception of the sur- charge program,46 cities have been identified as excessive I/I contributors.This number is subject to change,depending on rain events,and any city in the metropolitan area could be affected. While Metro Cities(the Association of Metropolitan Cities) recognizes the importance of control- ling I/I because it affects the size,and therefore the cost,of wastewater treatment systems and because excessive I/I in one city can affect development capacity of another,we are concerned about the potential for cities to incur increasingly exorbitant costs,and decreasing benefits,in their on-going efforts to mitigate excessive I/I. Metro Cities supported the recommendations of the 2010 I/I Demand Charge Task Force for a second phase,on-going surcharge program to address I/I mitigation in the region.Metro Cities further supported adjustments to the flow methodology used to measure excess I/I that allow for the normalizing of precipitation variability.Metro Cities also encourages the Council to work with cities on community-specific issues that fall outside the scope of the task force report and recom- mendations. Metro Cities continues to monitor the surcharge program,and encourages the Metropolitan Council to support state financial assistance for Metro Area I/I mitigation through future Clean Water Legacy Act appropriations or similar legislation. Metro Cities supports continued state capital assistance to provide grants to metro area cities for the purpose of mitigating inflow and infiltration problems into municipal wastewater tollection systems. Response The City of Golden Valley is a leader in the metropolitan area in addressing inflow and infiltration from public and private sources.The City has made a significant investment to address I/I issues in the municipal system.In addition,through the City's Inflow and Infiltration Ordinance,significant investment has been made by property owners to reduce I/I from sewer services. Because I/I reduction efforts benefit the entire metropolitan area,the City of Golden Valley sup- ports the Metro Cities position that the state provide continued capital assistance for grants to cities as well as financial assistance through future Clean Water Legacy Act appropriations. ��e � City af GaOden Vailey 2a12 Legislative Policies I'olicy 3. Irnpaired Waters Issue Despite the billions of dollars that Minnesota municipalities have invested and continue to invest in wastewater and stormwater management systems and best management practices to protect, preserve,and restore the quality of Minnesota's surface waters,the quality of some of Minnesota's surface waters does not meet federal water quality requirements.The federal Clean Water Act requires that further efforts be made by the state to reduce human impacts on surface waters that are determined to be impaired due to high pollutant loads of nutrients,bacteria,sediment, mercury,and other contaminants. Scientific studies of these waters must be conducted to determine how much pollution they can handle{Total Maximum Daily Loads,orTMDLs).The pollutant load reduction requirements will af- fect municipal,industrial,and agricultural practices and operations along any river,stream or lake determined to be impaired. While the source of 86 percent of the pollutants affecting Minnesota waters are non-point sourc- es,there will also be new costs and requirements for point-source dischargers,like municipal wastewater treatment facilities.Municipal stormwater systems will also face increased protective requirements and regulation as part of the state's impaired waters program. Response The City of Golden Valley is committed to protecting its natural water features.The City supports the League on Minnesata Cities'efforts in addressing impaired waters,including increased state funding for projects and programs intended to protect and improve water quality state-wide and the design and implementation of Minnesota's impaired waters program to: • Ensure equitable funding solutions are found,such as the state general fund or bonding,that broadly collect revenue to address this statewide problem. • Support legislative appropriation of constitutionally dedicated clean water revenues that supplement traditional sources of funding for these purposes,not be used to cover budget cuts,backfill past program reductions,or to otherwise supplant normal state spending on wa- ter programs. • Direct the majority of funds collected by the state for impaired waters into programs that fund municipal wastewater and stormwater projects,and for state programs needed for munici- pal wastewater and stormwater permitting and technical support,including the Clean Water Revolving Loan Fund,Wastewater Infrastructure Fund,Phosphorus Reduction Grant Program, TMDL Grants Program,Small�ommunity WastewaterTreatment Grant and Loan Program,and other state programs that provide financial resources for city wastewater treatment facilities, septic tank replacement,stormwater management pro)ects,and other city water quality im- provement and protection projects. • More adequately cover the current five-year wastewater infrastructure funding need projection of more than $2.1 billion. • Recognize and address the upcoming costs of stormwater management infrastructure and operation on municipalities from new regulatory mandates and load reduction requirements. 780f}Golden Valley Road,Ga)den Valley,MN 55427 763-593-8006 Pa�e � • Allow flexibility in achieving pollutant load reductions and limitations through offsets or trad- ing of pollutant load reduction credits for both point and nonpoint load reduction require- ments within watersheds. • Recognize and credit the work underway and already completed by local units of government to limit point and non-point source water pollutant discharges. • Recognize the diversity of efforts and needs that exists across the state. • Ensure the best science available is used to accurately determine the sources of pollutant load in order to maximize positive environmental outcomes and minimize unnecessary regulatory and financial burdens for cities by correctly accounting for and addressing agricultural and other non-point pollutant sources. • Ensure the state requires that the MPCA retain control of the TMDL development process and that all scientific research related to TMDLs is conducted by the MPCA or qualified,objective parties pursuant to state contracting,procurement,and conflict of interest laws. • Clarify state water quality mandates so cities know specifically what they are required to da and what methods of achieving those outcomes are acceptable to state and federal regulators. P�3��4 City af Golden Valley 2p121.egislative palicies Po�icy 4. C�rganized Solid Waste �ollection Issue "(3rganized collection"is the term used to refer to a situation where a local unit of government,for any of a variety of reasons,decides that there is a public interest served by limiting the number of solid waste and recycling collection services available in the area.The reasons for implementing organized collection can vary but include: • public safety concerns caused by the number and frequency of large trucks moving quickly through residential neighborhoods • reducing wear on public infrastructure from heavy truck traffic • improving the efficiency,cost and quality of garbage and recycling service provided to local residents • cooperating with other local governments to best meet solid waste management and recycling objectives • taking locai steps to reduce energy impacts of public services • meeting the requirements of county ordinances and solid waste management plans as re- quired under Minn.Stat.§ 115.94 Organized collection is also encouraged in state solid waste policies as a means of improving the efficiency and coordination of solid waste management between local units of government.There are very specific public procedures laid out in statute defining how such a decision must be pub- licly vetted and approved and over what time period that can occur. Despite these important and valid reasons for using organized collection,legislation has been dis- cussed in several recent sessions that would allow the solid waste industry to claim special takings if local governments limit the number of companies that can collect garbage in a community in a way that prevents a company currently operating there from continuing to do so.The unspecified and ongoing liability of this change would eliminate organized collection as a waste management option. This change would also create a virtual monopoly situation for any company awarded a solid waste contract under organized collection.The local unit of government would have to"buy out" a contractor in the future to change providers,even if their services were no longer the lowest bid.Furthermore,this is a precedent that,if applied to other gavernment purchasing and service contracting decisions,would clearly run counter to the public purpose of government providing services at the Iowest feasible cost to taxpayers. This issue has generated sufficient controversy that the Minnesota Pollution Control Agency is currently conducting a study to attempt to determine whether efficiency benefits of organized collection can be documented. ' Response The City of Golden Valley supports the League of Minnesota Cities in opposing efforts to apply inverse condemnation claims to city solid waste contracting decisions. 7�i00 Galden Valley Raad,Galden Valley,MN 55427 763-593-8006 Page 5 . � ��3fi U,� , na a2 ud��, .. .,..{`'�. . _,, � Further,the�ity supports the current state policy that organized collection is a valuable tool as part of a comprehensive solid waste and recycling management program and recognizes the need to protect and preserve the authority of cities to adopt solid waste service contracts that protect public safety,the environment,and public infrastructure.That said,the City supports legis- lation that makes it easier for cities to implement an organized solid waste collection program. pa�� Ci#y of Golden Val9ey 2U721.egislativa Policies Palicy 5. Market �Talue Homestead �redit ar�d I�omestead .Market �Talue Exclusion Issue The 2011 Legislature and governor passed a law that repealed the existing market value home- stead credit effective for taxes payable in 2012.To buffer the effects of this change on homeown- ers,the Legislature enacted a new homestead market value exclusion system that reduces the value on which qualifying homeowners pay property taxes.This new exclusion system will shift tax burdens to other property types including businesses and apartments that do not receive the value exclusion.These property tax shifts have raised concerns and suggestions that the former system should be restored. Response The City of Golden Valley supports the the League of Minnesota Cities position of providing ad- ditional property tax relief directly to homeowners through an expansion of the property tax relief(PTR) program.The City will lose another three percent in total taxable market value for taxes payable 2013.With the loss of vafue,all property tax owners will see an increase due to the infrastructure improvement plan started in 1996.To keep a city vital and safe,infrastructure needs to be replaced.. 7�Q(�Golden Valley Road,Golden Vailey,MN 55427 763-593-8d06 �,��e� §h _.. ;; �,�� Recommended Action Motion to adopt Resolution Supporting Funding Request by Five Cities Senior Transportation Project from 2012 Consolidated Pool - Urban Hennepin County Community Development Block Grant Program. Citv of Robbinsdale - 4100 Lakeview Avenue North Robbinsdale,Minneso#a 55422-2280 Phone:(763)537-4534 Fax:(763)537-7344 www.robbinsdalemn.com MEMORANDUM TO: Lisa Whitman, City of Golden Valley FROM: Rita DeBruyn, Senior Program Coordinator, City of Robbinsdale DATE: January 20, 2012 SUBJECT: CDBG Request for Five Cities Senior Transportation Five Cities Senior Transportation provides older adult transportation under a 1985 Joint Powers Agreement between the cities of Brooklyn Center, Golden Valley,New Hope, Crystal and Robbinsdale, The Five Cities Senior Transportation Executive Committee comprised of City Managers of each of the five cities has approved the sum of$13,700.00 per city for the 2012 transportation budg�t. This amount is the Five Cities Transportation request for the 2012-2013 CDBG funding year. Enclosed is a copy of the 2011 cumulative statistics. You will note the City of Golden Valley ridership is 89 persons served and 1304 rides. Destinations included: • Shopping trips to Ridgedale, Target, Wal-Mart, Herberger's, K Mart • Grocery shopping trips to Cub Foods, Byerly's, Aldi � • Pharmacy,banking and post office opportunities at some destinations • City sponsored activities such as Brunch Bunch, Seniors in Mind,Nature of Things, Donut Make You Wonder, Afternoon Vivace Concerts, Local Motion and � Meandering with Mary In addition to home pick ups, Five Cities vehicles transport older residents from the following locations: Dover Hill, Calvary Apartments and Co-op, Covenant Village,Laurel Estates, The Crossings, Laurel Condos, Golden Valley Arms,Valley View, Village Terrace, Crosswoods and Golden Valley City Hall. If you need additional information,please contact me at 763-531-1274. On behalf of older Golden Valley residents served by the Five Cities Senior Transportation Proj ect in 2011, thank you. cc: Jeanne Fackler Thomas Burt Mark Crrimes Attachment ga i < ..n �"-;� s��`'� �; r� : '� `� .�..e,: n _,,. ,.,,.,.. „ .. ...,.�. . .�._. . ,�,_ � . . _ ., . . _ .,.. , ,� . ,. .,,� � , . r ...x.,,.,... . . �H-,k�.;�.,-�>,�...._., >,...�a:� _.� s. ..,, ,r.. . . . ... ,. 3 O c'� � � O CO d' N N � r. r � L � � N p I p �N-- � sN-. � O CO I� N O 2 CV � `_ CV � � � � N �- Z � ol � a°o c i O U� O N � N � r � � U 00 f� M CO C7 N � CO (h � � O Cfl o0 V' �I N d' N N � O � 00 N =f o � � N (p M N O (O V N � N C� O� M N N _ �- O � � � a � N � � N � a � N � z z � O N N a0 � c'� I� e- I� s- � N Cfl C� �I (h o0 M � � _ (O � � OO (h �- `- � � O d' � O � W � N 00 � � � N Z � � � � a � cn � � � � � a o c� o0 00 00 o co co co v o a o� rn oo � � o0 o ti w r� � � c� � oo u� � .- co co 0 N � o co c� �n �n r� v oo co � o v rn � Lll !n c- r- N r- 6) U N o� c- � � J U � � W Z > Z � Q �{ M O oa � � � � OI '� C`7 � N � � � � � � � � F- � p w �, � � �, a � � � -�°a � > U a�i � Q- > c z Q � `n ° �, � c ° c �' � � � � � 2 � � _ � U � v 3 � o =° � n 3 � o � u.� � o � a� o � o i' a� o � w Z O � U Z C? m � U Z C� m � O 2 Resolution 12-8 February 6, 2012 Member introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING FUNDING REQUEST BY FIVE CITIES SENIOR TRANSPORTATION PROJECT FROM 2012 CONSOLIDATED POOL - URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City Council of the City of Golden Valley was one of the founding members of the Five Cities Senior Transportation Project in 1985; and WHEREAS, the City of Golden Valley has provided continual financial support for the Project from the City's General Fund and with Community Development Block Grant (CDBG) funds allocated to the City of Golden Valley because of the demonstrated need that has proved by the number of rides provided to seniors each year since 1985; and WHEREAS, the need for such senior transportation will continue to grow in upcoming years; and WHEREAS, the City of Golden Valley no longer has its own CDBG allocation. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley that it supports the funding request by the Five Cities Senior Transportation Project from the 2012 Consolidated Pool that is part of the Urban Hennepin County Community Development Block Grant Program. Shepard M. Harris, 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 his signature attested by the City Clerk. � .=�°� �... ��V ��HS y� �� ,� . � � Pubiic Works V -�:� 763-593-8030/763-593-3988(fax) Executive Summary For Action Golden Valley City Council Meeting February 6, 2012 Agenda Item 3. I. 1. Appointment of Commissioner to the Bassett Creek Watershed Management Commission Prepared By Jeannine Clancy, Director of Public Works Summary In accordance with Minnesota State Statutes, the City has advertised for the office of Gommissioner on the Bassett Creek Watershed Management Commission (BCWMC). The City Council, as a member of the BCWMC, is charged with making the appointments. This appointment is for a three-year term. Attachments Resolution Appointing Stacy Hoschka as Commissioner to the Bassett Creek Watershed Management Commission (1 page) Recommended Action Motion to adopt Resolution Appointing Stacy Hoschka as Commissioner to the Bassett Creek Watershed Management Commission. Resolution 12-9 February 6, 2012 Member introduced the foliowing resolution and moved its adoption: RESOLUTION APPOINTING STACY HOSCHKA AS COMMISSIONER TO THE BASSETT CREEK WATERSHED MANAGEMENT COMMISSION WHEREAS, the City Council of Golden Valley is a member of the Bassett Creek Watershed Management Commission; and WHEREAS, the Bassett Creek Watershed Management Commission has been organized under State of Minnesota Statutes to manage the storm waters of cities whose boundaries fall within the water management area; and WHEREAS, the City of Golden Valley has adopted a Joint Powers Agreement joining the Bassett Creek Watershed Management Commission; and WHEREAS, the City has advertised for Commissioner in accordance with M.S. 103B.227; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Golden Valley appoints Stacy Hoschka as its Commissioner to the Bassett Creek Watershed Management Commission for a term ending January 31, 2015. Shepard M. Harris, 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 his signature attested by the City Clerk. 4AG�T ��' � rv � �hh,4 �z :::. R COUf1Cl� O ` °� � �, e 763-593-8006/763-593-8109 (fax) ,�� Executive Summary For Action Golden Valley City Council Meeting February 6, 2012 Agenda Item 3. I. 2. Appointment to Environmental Commission Prepared By Shep Harris, Mayor Summary Each year the City Council conducts interviews with persons who have applied to serve on a board and/or commission. After the interviews are conducted the Council makes their appointments. Recommended Action Motion to appoint Damon Struyk to the Environmental Commission for a one year term which expires May 1, 2013. ��t i � Y � � 11'1t)1'd1"'1C� U o � a e Police Department p",�� Public Safety � „FEry 763-593-8079/763-593-8098 (fax) � Executive Summary For Action Golden Valley City Council Meeting February 6, 2012 Agenda Item 6. A. On-Sale and Sunday Sale Liquor License -Webb Golden Valley LLC d/b/a Good Day Cafe (New) Prepared By Stacy A. Carlson, Chief of Police Jim Roberts, Sergeant Summary Webb Golden Valley LLC d/b/a Good Day Cafe, has applied for an On-Sale and Sunday Sale Liquor License. The restaurant is located at 5410 Wayzata Boulevard. This is considered a new license application for Good Day Cafe due to David Webb Jr. being appointed President of Webb Golden Valley LLC. The City Attorney has reviewed the application, and has found the application documents are in order and complete. The applicant meets all State and City requirements for consideration of the issuance of an On-Sale and Sunday Liquor License. Recommended Action Motion to approve the issuance of an On-Sale and Sunday Liquor License to Webb Golden Valley LLC d/b/a Good Day Cafe, located at 5410 Wayzata Boulevard. � :ry � ,�,.� � �� Public Works o . ae �� 763-593-8030 I 763-593-3988 (fax) Executive Summary for Action Golden Valley City Council Meeting February 6, 2012 Agenda Item 6. B. Golden Valley's Emerald Ash Borer Management Plan Update Prepared By Jeannine Clancy, Director of Public Works AI Lundstrom, Park Maintenance Supervisor/Forester Summary The City completed an Emerald Ash Borer (EAB) Management Plan in 2010 in response to the pending ash borer infestation identified in St. Paul in May of 2009. The plan outlines a 15- year strategy to manage the potential EAB infestation within the City of Golden Valley. The 2010 plan indicated that an inventory would be completed to identify the total number of publicly owned ash trees that the City will be liable for managing due to the infestation. Prior to completing the inventory, staff estimated approximately 3,000 public ash trees in City parks, golf course, street boulevards and other public right-of-ways. After completing the inventory in 2011 and implementing the removal and replacement program, the total number of ash trees in public open spaces has been revised to approximately 1,950 as of January 2012. Over the last year, staff has removed over 200 low quality ash trees (per plan) on public property in addition to ash trees lost throughout the summer due to significant storm events and natural decline. Staff also received a grant in 2011 from the Department of Natural Resources and planted 100 shade trees throughout the park system. Staff updated and revised the EAB Management Plan to include the following changes: 1. Plan identifies that a shade tree inventory was completed in 2011 of all public trees within the park open areas, golf course, on City boulevards and other public properties. 2. Plan was revised to indicate a reduction in the number of trees originally planned to be removed annually to mitigate for the potential liability when the EAB infestation enters Golden Valley. The 2010 plan indicated 200 trees to be removed annually for 15 years. The updated 2011 plan identifies between 50 and 160 trees to be removed annually for the next 14 years (see page 5 of the plan). The plan reduced the total number of ash trees originally identified to be removed annually for the following reasons: 1. The majority of the dead/dying and poor condition ash trees have been removed from the City parks and other public open space areas. 2. Currently, staff has adequate resources and expertise to remove a significant number of ash trees in a reasonable amount of time during the winter months. Therefore, if and when the infestation was to be identified in Golden Valley, staff will be able to manage the removals in a timely and economical manner. The primary focus of the management plan will be as follows: 1. Continue to monitor the current location of the EAB infestation within the metropolitan area. 2. Continue to monitor ash trees on public property in Golden Valley and remove approximately 50 or more poor condition trees annually. 3. Work with residents who have boulevard ash trees on public right-of-way and remove trees in poor condition by request. All hazardous trees are removed from boulevard right- of-ways when identified. 4. Anticipate adjusting or increasing removals, if necessary, when infestation is within the Golden Valley city limits. Attachment 2010 Emerald Ash Borer Management Plan, August 2010, redline/strikeout version (5 pages) 2010 Emerald Ash Borer Management Plan, Updated January 2012, clean version (9 pages) Recommended Action Motion to receive and file the 2010 Emerald Ash Borer Management Plan, updated January 2012. I Zo�o Emerald Ash Borer Management Plan City of Golden Valley �-�Updated January 2012) �� Purpose of this Management Plan • To outline the City of Golden Valley's objectives and the approaches that will be used to meet the current or anticipated impact of the Emerald Ash Borer (EAB) on our urban forest resource. • To serve as a blueprint that staff and residents can follow with a high degree of confidence, rationality, and order. Emerald Ash Borer This destructive beetle has killed tens of millions of ash trees where it has been discovered. It was first discovered in North America in southeast Michigan in June 2002, although it was likely first introduced at least 10 years earlier. It has since been found in at least 12 additional states: Ohio (2003), Indiana (2004), Maryland (2006), Illinois (2006), Pennsylvania (2007), West Virginia (2007), Wisconsin (2008), Missouri (2008), Virginia (2008), Minnesota (2009), New York (2009), Kentucky (2009), and Canada. There are about 870 million ash trees in Minnesota, one of the largest concentrations of ash of any state in the country. Not only are these trees abundant in our forests, but they are also an important component of our urban landscapes. Research has not found any resistance to EAB in native ash trees. EAB management is coordinated at the federal level by the U.S. Department of Agriculture and by the Minnesota Department of Agriculture at the local level. Due to diminishing federal and local funds and the aggressiveness of the EAB infestation, Golden Valley's EAB management program will focus on spreading out the ash tree removal liability rather than eradication and treatment efforts. For Golden Valley this has very important consequences: • It is inevitable that EAB will be discovered in Golden Valley within the next few years. • The loss of tree canopy and budget impacts make this the biggest threat to Golden Valley's urban forests since Dutch elm disease decimated the American elm population in most areas of the United States. � 1 Why Do We Need An EAB Management Plan? • To determine an effective response to the EAB threat to Golden Valley's urban forest resource. � • To responsibly implement and communicate clear, effective actions to City residents and stakeholders. � Purpose By implementing the provisions in this management plan, the City is attempting to: • Attenuate the economic and social disruption to the City from an almost certain EAB infestation. • Proactively manage for EAB in advance of the invasion by using the best management practices and data to effectively maintain an orderly process to minimize costs, threat to public safety, duress, and canopy loss. • Mitigate budget and service impact by distributing removal costs over a manageable time period. • Reduce impact of canopy loss by replanting with suitable species during the phased removal of ash. • Communicate the EAB strategy clearly to the public. Applicability This plan applies throughout the City on all public properties where ash trees are currently growing, as well as on private properties where such trees may negatively impact public right-of-ways or other public or private properties. Plan Administration The Public Works staff will be responsible for implementing this Plan and seeing that its provisions are carried out. Action Elements � Inventory—The City � completed an inventory of all ash trees growing within its public right-of-ways, parks, golf course and other public properties, and will review a percentage of naturally wooded public areas to determine potential ash removal costs. An estimated budget and timeframe will be generated from the inventory data. Ash Removal —The City will begin to systematically remove all of its public property ash trees within the street right-of-ways, parks, galf course, and other public properties based on priority determined by the condition and location of the ash trees. Tree removal will be prioritized with hazardous trees being removed first. A phased and systematic removal will occur within a 15-year period if budget is available. Utility contractors will be encouraged to remove all ash trees within their easements as part of their normal line clearance activities. Wood Utilization and Disposal —The City will work with Hennepin County and other partners to develop a plan to use the wood generated during the removal program. The plan must comply with the Minnesota Department of Agriculture's (MDA) regulations for 2 handling regulated materials. Wood that cannot be used for lumber turning, firewood, or mulch will be disposed of according to MDA specifications at an approved ash tree disposal site within Hennepin County. Communications —The Mayor, City Council, and City Staff will receive periodic briefings. All media relations will follow normal City protocol. Canopy Replacement and Care —As the budget permits, all removed public ash trees will be replaced with non-host species that will enhance the planting site, are appropriate for the planting site, and add to the diversity and general health of the urban forest. All new plantings will conform to the "10-20-30" tree species diversity rule (replant with no more than 10% of a single species, 20% of a single genus, or 30% of a single plant family). No planting will be made that cannot be adequately maintained. Preventive Maintenance —Ash trees not removed under the pro-active management program will be inspected, and if necessary, may be pruned to maximize public safety until which time an infestation occurs or they become dead, diseased, or dying. Use of Preventive Pesticides —The City of Golden Valley will not apply preventive � pesticides to protect pubic ash trees- at this time. Private property owners who wish to use pesticides on public street trees will be discouraged to do so. The City will consider applications for a right-of-way permit to treat public boulevard ash trees. If the tree becomes infested with EAB at a later date the City may remove the tree. Private Ash Trees The City strongly recommends that private ash tree owners consider removing, treating, or begin planning for one or the other on their property. The City will not order any private property owner to remove their ash tree unless it becomes diseased or infested. Once a disease or infestation is determined, Ordinance 10.50 Subdivision 3. Public Nuisance & Subdivision 4. Abatement of Nuisance will be in efFect. Public Nuisance The Tree Inspector shall have the right to declare any ash tree a public nuisance growing upon private property which is: (a) Infected with an epidemic plant disease or pest, or (b) Threatens to become a hazard so as to adversely affect the public health, safety or welfare, whether such tree or shrub shall be on public or private property. 3 Abatement of Nuisance If the Tree Inspector, with reasonable certainty upon inspection or examination, that any nuisance tree, as herein defined, exists in or upon any private premises, he shall notify, in writing, the owner or tenant having charge of such premises. Within a set timeline after the issue of such notice, the person shall cause treatment, trimming, or removal and destruction of the nuisance tree as directed in the written notice. No damages shall be awarded the owner or tenant having charge of such premises. Should the owner or tenant neglect to comply with the terms of the written notice, the Tree Inspector shall cause the removal, treatment, or trimming of the nuisance tree. The expense thereof shall be assessed as a lien against the property for collection as other taxes. IRemoval Notices Any tree located on private or public property that suffers from a communicable disease or insect infestation, as determined by the Tree Inspector, which threatens the public welfare or the health of public trees is hereby declared to be a nuisance. When such a public nuisance occurs, the Tree Inspector may cause a notice to be mailed to the owner of the property on which the tree is located, specifying what corrective work is necessary and directing the owner to perform such corrective work to eliminate the nuisance. Work on Public Property Public Tree Removal —The City will be responsible for removing ash trees on public property. The City will utilize a combination of in-house staff and professional contractors to effectively meet the ash tree removal plan. Public Tree Replacement—The City will develop a shade tree replacement plan that will mitigate for the loss of shade trees within the City parks, golf course, and other public building landscapes. Although the City is responsible for removing trees on public right-of-way (boulevards), the City has never had a boulevard tree replacement or planting program. Therefore, replacement trees will not be scheduled for these areas due to the lack of resources. Staff will pursue all available funding opportunities (grants) to assist the City with resources �-related to tree removal and replacement. 4 Projected 15-Year Plan & Budget Cost (Public Property�� Public Tree # Removal # Trees to Replacement Year Removals Cost * Replace Cost Total Cost �2011 200 $30,000 �91 G��, $�• ,000 $4� " ,000 � �12 ��_- $.-�.-:�-�. ,:�0� 50 $15,000 $-:�;�j�`�,��U � �13 �9950 $�9998,500 50 $15,000 $4�99923,500 � -. �- � 50 $16,000 $ � -'F �88:' $33,000 50 $16,000 $48,000 � 3�_ $35,000 50 $16,000 $49,000 � �9A_ $36,000 50 $17,000 $50,000 � ;�?_ $37,000 50 $17,000 $51,000 � �L-�?_ $38,000 50 $17,000 $52,000 � 2�" '�A�' $39,000 50 $17,000 $53,000 � � �'� ��'�8 $40,000 50 $18,000 $54,000 � �38_ $41,000 50 $18,000 $55,000 � =,-3 �A_ $42,000 50 $18,000 $56,000 � - �_ $43,000 50 $18,000 $57,000 � -+�25 ?88__ $44,000 50 $19,000 $58,000 � *Public Removal Cost- Reflects the contracted cost for addressing half of the planned removals ��nn +roo��„r�.. The other half ��nn +roo��"r� of the tree removals is proposed to be completed with Public Works maintenance crews and forestry staff assistance. Actual ash tree removals, costs and trees planted in public parks. - Citv received a $15,000 qrant in 2011 for tree replacement. ��°�� Anticipated (best quess) EAB impacts to the Citv of Golden Vallev based on the current qroximitv as of Januarv 2012. 5 zo�o Emerald Ash Borer Management Plan City of Golden Valley (Updated January 2012) Purpose of this Management Plan • To outline the City of Golden Valley's objectives and the approaches that will be used to meet the current or anticipated impact of the Emerald Ash Borer(EAB) on our urban forest resource. • To serve as a blueprint that staff and residents can follow with a high cfegree of confidence, rationaiity, and order. Emerald Ash Borer This destructive beetle has killed tens of millions of ash trees where it has been discovered. It was first discovered in North America in southeast Michigan in June 2002, although it was likely first introduced at least 10 years earlier. It has since been found in at least 12 additiona! states: Ohio {2003), Indiana (2004), Maryland (200fi), IIlinois (2006), Pennsylvania (2007), West Virginia (2007), Wisconsin (2008), Missouri (2008), Virginia (2008}, Minnesota {2009), New York (2009), Kentucky{2009), and Canada. There are about 870 million ash trees in Minnesota, one of the largest concentrations of ash of any state in the country. Not only are these trees abundan# in our forests, but they are also an important component of our urban landscapes. Research has not found any resistance to EAB in native ash trees. EAB management is coordinated at the federal level by the U.S. Department of Agriculture and by the Minnesota Department of Agriculture at the local level. Due to diminishing federal and local funds and the aggressiveness of the EAB infestation, Golden Valiey's EAB management program will focus on spreading out the ash tree removal liability rather than eradication and treatment efforts. For Golden Valley this has very important consequences: • It is inevitable that EAB will be discovered in Golden Valley within the next few years. • The loss of tree canopy and budget impacts make this the biggest threat to Golden Valley's urban forests since Dutch elm disease decimated the American elm population in most areas of the United States. Why Do We Need An EAB Management Plan? • To deterrnine an effective response to the EAB threat to Golden Valley's urban forest resource. • To responsibly implement and communicate clear, effective actions to City residents and stakeholders. 1 Pu rpose By implementing the provisions in this management plan, the City is attempting to: • Attenuate the economic and social disruption to the City from an almost certain EAB infestation. • Proactively manage for EAB in advance of the invasion by using the best management practices and data to effectively maintain an orderly process to minimize costs, threa# to public safety, duress, and canopy loss. • Mitigate budget and service impact by distributing removal costs over a manageable time period. • Reduce impact of canopy Ioss by replanting with suitable species during the phased removal of ash. • Communicate the EAB strategy cleariy to the public. Applicability This plan applies throughout the City on all public properties where ash trees are currently grawing, as well as on private properties where such trees may negatively impact public right-of-ways or other public or private properties. Plan Administration The Public Works staff will be responsible for implementing this Plan and seeing that its provisions are carried out. Action Elements Inventory—The City completed an inventory of all ash trees growing within its public right-of-ways, parks, golf course and other public properties, and will review a percentage of naturally wooded public areas to determine potential ash removal costs. An estimated budget and timeframe will be generated from the inventory data. Ash Removal — The City will begin to systematically remove all of 'rts public property ash trees within the strest right-of-ways, parks, golf course, and other public properties based on priority determined by the condition and location of the ash trees. Tree removal will be prioritized with hazardous trees being removed first. A phased and systematic removal will occur within a 15-year period �budget is available. Utility contractors will be encouraged to remove all ash trees within their easements as part of their normal line clearance activities. Wood Utilization and Disposal—The City will work with Hennepin County and other partners to develop a plan to use the wood generated during the removal program. The plan must comply with the Minnesota Department of Agriculture's (MDA) regulations for handling regulated materials. Wood that cannot be used for lumber turning, firewood, or mulch will be disposed of according to MDA specifications at an approved ash tree disposal site within Hennepin County. , . 2 Communications —The Mayar, City Council, and City Staff will receive periodic briefings. All media re(ations will follow normal City protocoi. Canopy Replacement and Care—As the budget permits, all removed public ash trees will be replaced with nan-host species that will enhance the planting site, are appropriate for the planting site, and add to the diversity and generai health of the urban forest. All new plantings will conform to the "10-20-30" tree species diversity rule {replant with no rnore than 10%of a single species, 20°/a of a single genus, or 30% of a single plant fiamily). No planting will be made that cannot be adequately maintained. PreventJve Maln#enance—Ash trees not removed under the pro-active management program will be inspected, and if necessary, may be pruned to maximize public safety until which time an infestation occurs or they become dead, diseased, or dying. Use of Preventive Pesticides—The City of Golden Valley will not apply preventive pesticides to protect pubic ash trees at this time. Private property owners who wish to use pesticides on public street trees will be discouraged to do so. The City will consider applications for a right-of-way permit to treat public boulevard ash trees. If the tree becomes infested with EAB at a later date the City may remove the tree. Private Ash Trees The City strongly recommends that private ash tree owners consider removing, treating, or begin planning for one or the other on their property. The City will not order any private property owner to remove their ash tree unless it becomes diseased or infested. Once a disease or infestation is determined, Ordlnance 10.50 Subdivision 3. Public Nuisance � Subdivision 4. Abatement of Nuisance will be in effect. Public Nuisance The Tree Inspector shall have the right to declare any ash tree a pubfic nuisance growing upon private property which is: (a) lnfected with an epidemic plant disease or pest, or (b) Threatens to become a hazard so as to adversely affect the public health, safety or welfare, whether such tree or shrub shall be on public or private property. Abatement of Nulsance !f the Tree Inspector, with reasonable certainty upon inspection or examination, that any ntaisance tree, as herein defined, exists in or upon any private premises, he shalf notify, in writing, the owner or tenant having charge of such premises. Within a set timeline after the issue of such notice, the person shall cause treatrnent, trimming, or removal and destruction of the nuisance tree as directed in the written notice. No damages shafl be awarded the owner or tenant having charge of such premises. Should the owner or tenant neglect to comply with the terms of the written notice, the Tree Inspector shall cause the removal, treatment, or trimming of the nuisance tree. The expense thereof shall be assessed as a lien against the property for collection as other taxes. 3 Removal Notices Any tree located on private or pubfic property that suffers from a communicable disease or insect infestation, as determined by the Tree Inspector, which threatens the public welfare or the health of public trees is hereby declared to be a nuisance. When such a public nuisance occurs, the Tree Inspector may cause a notice to be mailed to the owner of the property on which the tree is iocated, specifying what corrective work is necessary and directing the owner to pe�form such corrective work to eliminate the nuisance. Work on Public ProperEy Pubtic Tree Removal —The City will be responsible for removing ash trees on public property. The City will utilize a combination of in-house staff and professional contractors to effec#ively meet the ash tree removal plan. Public Tree Replacement—The City will develop a shade tree replacement plan that will mitigate for the loss of shade trees within the City parks, goff course, and other public building landscapes. Although the City is responsible for removing trees on public right-of-way(boulevards), the City has never had a boulevard tree replacement or planting program. Therefore, replacement trees wilf not be scheduled for these areas due to the lack of resources. Staff will pursue all available funding opportunities {grants) to assist the City with resources related to tree removal and repiacement. 4 Projected 15-Year Plan & Budget Cost (Pubiic Property) Public Tree # Removal #Trees to Replacement Year Removais Cost * Re lace Cost Total Cost 2011 200 $30,000 100 $20,000 $50,000 12 50 $7,500 50 $15,000 $22,500 13 50 $8,500 50 $15,000 $23,500 14 50 $9,500 50 $16,000 $24,500 15 1fi0 $33,000 50 $16,OQ0 $48,000 16 1�0 $35.000 50 $16,000 $49,Oa0 17 160 $36 000 50 $17,000 $50,OQ0 9 8 160 $37,OOQ 50 $17,000 $51,000 19 160 $38,p00 50 $17,000 $52,000 202� 160 $39,000 50 $17,000 $53,000 2� 160 $40,000 50 $98,000 $54,OQ0 22 160 $49,000 50 $i 8.OU0 $55,000 23 i 60 $42,000 50 $18,000 $56,000 2� 960 $43,000 50 $'l8,000 $57,000 25 160 $44,000 5� $19,OQ0 $58,000 �`Public Remova! Cost- Reflects the contracted cost for addressing half of the planned removals. The other half of the tree removals is proposed to be completed with Public Works maintenance crews and forestry staff assistance. �, _. :' Actual ash tree removals, costs and trees planted in public parks. - City received a $15,000 grant in 2011 for tree replacement. Anticipa#ed (best guess) EAB impacts to the City of Golden Valley based on the current proximity as of January 2012. 5 ,�'3 10.50 Section 10.50: Shade Tree Diseases Subdivision 1. Purpose The City Council has determined that the health of the trees within the city limits is threatened by tree diseases and pests. It has further determined that the loss of trees growing upon public and private property would impair the safety, good order, general welfare, and convenience of the public and substantially depreciate the value of property within the City. It is the intention of the City Council to control and prevent the spread of these conditions, and this Section is enacted for that purpose, and to conform to the policies and procedures embodied in Minnesota Statutes, Chapter 18G, as amended, and rules promulgated thereunder. Subdivision 2. Tree Inspection Program The City Manager shall designate a tree inspector or tree inspectors, certified by the Minnesota Commissioner of Agriculture, who shall administer the Shade Tree Pest Control Program for Dutch elm disease, oak wilt, and other pests for the City in accordance with the City ordinances and Minnesota Statutes, Chapter 18G - Plant and Animal Pest Control, and Minnesota Rules, Chapter 1505 - Department of Agriculture Pest and Disease Control and subsequent amendments thereto. Subdivision 3. Shade Tree Nuisances Declared The following are declared to be public nuisances whenever and wherever they may be found within the City on private and public property: A. Any standing or living elm tree or part thereof infected to any degree with the Dutch elm disease fungus, Ophiostoma ulmi (Buisman) Nannf. and Ophiostoma novo-ulmi Brasier or which harbors any of the elm bark beetles, Scolytus multistriatus (Marsham) or Hylurgopinus rufipes (Eichoff). And also, any dead or dying elm tree, arising from any cause, or part thereof with bark intact including logs, branches, stumps, or firewood which has not been disposed of properly. 6. Any living or standing tree or part thereof in the red oak group (red oak, pin oak, scarlet oak, black oak) infected to any degree with the oak wilt fungus, Ceratocystis fagacearum (Bretz) Hunt. C. Also, any living or standing tree in the white oak group (white oak, bur oak, bicolor oak) that poses a threat of transmission of the oak wilt fungus to other trees of the same species through interconnected or grafted root systems. D. Any tree or shrub that in the opinion of the tree inspector has become or threatens to become a hazard so as to adversely affect the public health, safety or welfare, whether such tree or shrub shall be on public or private property. Golden Valley City Code Page 1 of 3 § 10.50 E. Any trees or shrubs with epidemic diseases or pests. Subdivision 4. Abatement It is unlawful for any person to permit a public nuisance as defined in Subdivision 3 to remain on any premises owned or controlled by that person within the City. Such nuisances may be abated in the manner prescribed by this Section. Subdivision 5. Inspection and Investigation A. Annual Inspection. The certified tree inspector so designated by the City manager shall inspect all premises and places within the City as many times as practical or necessary to determine whether any conditions described in Subdivision 3 exist. The tree inspector shall investigate all reported incidents of infection or infestation by Dutch elm disease or elm bark beetles, oak wilt disease, other shade tree disease(s) or pest problem(s), and hazardous trees and shrubs. B. Entry upon Private Premises. The tree inspector may enter and inspect any private or public property at any reasonable time for the purpose of carrying out the assigned duties specified under this Section. Such inspections will be preceded by a legal notice published once annually in the City's local (legal) newspaper informing all property owners within the City to destroy and dispose of tree materials declared a nuisance by Subdivision 3. C. Diagnosis. The tree inspector shall, upon finding indications of Dutch elm disease or oak wilt, take such appropriate steps for diagnosis, including analysis of twig samples from actively wilting branches by the Minnesota Department of Agriculture Shade Tree Laboratory, or other diagnostic laboratories capable of performing such services approved by the Minnesota Commissioner of Agriculture. Whenever possible, diagnosis will be based upon accepted field (onsite) symptoms. D. Hazard Tree Evaluation. The tree inspector shall assess potential hazardous trees according to the following guidelines as established by the Minnesota Department of Natural Resources: 1) dead trees and branches, 2) cracks, 3) weak branch unions, 4) decay, 5) poor tree architecture, 6) root problems, and 7) cankers. A hazard tree has a mechanical defect that is likely to cause a tree or a part thereof, to fail and said failure has the potential to adversely affect a target. A target includes, but is not limited to, people, vehicles, buildings, and property, etc. Trees without targets are not considered hazards even if they are likely to fail and can be considered beneficial in habitat protection. Subdivision 6. Interference Prohibited It is unlawful for any person to prevent, delay or interfere with the City Tree Inspector or their agent(s) while they are engaged in the performance of duties imposed by this ordinance. Golden Valley City Code Page 2 of 3 § 10.50 Subdivision 7. Procedure for Abatement and Removal A. Abatement of Shade Tree Disease Nuisances. In abating the nuisances defined in this Section, the City Tree Inspector shall cause the infected tree, shrub or wood to be removed, burned, debarked, and trenched (buried) or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of disease or pest. Such abatement procedures shall be carried out in accordance with current technical and expert opinions and procedures as may be established by the Commissioner of Agriculture. B. Procedure for Removal of Infected (or infested) Trees and Wood. Findings: Whenever the tree inspector finds with reasonable certainty that the infection or infestation defined in this Section exists in any tree, shrub or wood in any public or private place in the City, the inspector shall proceed as follows: If the tree inspector finds that danger of infestation of other trees is imminent, or a potentially hazardous condition is identified, the property owner shall be notified by mail that the nuisance shall be abated 20 (twenty) days after notification. After the expiration of the time limited by the notice, the City may abate the nuisance, the costs of which will be assessed against the benefiting property. C. Assessment. The City may assess the charges or any portion thereof against the property involved as a special assessment under pertinent State statutes for certification to the County Auditor and collection the following year along with current taxes. Subdivision 8. Transporting Infected or Infested Elm and Oak Wood Prohibited Whenever the City Tree Inspector finds with reasonable certainty that wood being transported in the City is infested and/or infected, and constitutes a hazard to the public, the tree inspector shall have the authority to prohibit such transporting. 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Q � . � .' n � � , � � *�p ,,, ; �ti- , r : -�, ; -� _"e � $ S � f>�-C�+G`�`�J� _�._".�... • � � �l � ;;�;;t y�`1'�; - y} � - - � � 9„a ' i 1 p� " 3 �`§,�'��•z� _ � �j� J � � � �� t � ' �' � � �d,.) ��:.ri►+�!. �.�t, �. � •�, �, + E ; � � � G�� r ''�' . . t ,� � °� «_ � �,,�,.,,��.:i:�.,1t��F:t� 't '�o I�' �` i j Y � E � � '` !*� � �- . ' -� �, •�• d t � � �t�i $ a � � � _ � ri ��'' ., s��r� • n e;' �',' - 51 � t � i �,,ac� c � � � o ; �I.�, . �:�o , �<. �, ��p.�. . �, �' �, �, ��. _ `� a� >�'� , � �, U m C3 a$ Z H !� ,� ;..�, .� �� .,. ; 'y� �+r 0 ..�'3'; =i � 1 � n � '� ° e> a: --- �' ' ,s��+i b-s,rr�ax�:�. s,��2 - ti � �> '�� -a`� ,1 � ! �o� �"�"�"..�"_"�"'�" . + *....-r�+� �� 1 � � �, $ °' �� .... 1 Rtf-�s�. � ' ,�. ..� g..:y '�* - o �� a e Public Works .:� 763-593-8030/763-593-3988(fax) Executive Summary For Action Golden Valley City Council Meeting February 6, 2012 Agenda Item 6. C. Proposed Revisions to City Code, Section 6.35, Subdivision 11. Recycling Program Prepared By Jeannine Clancy, Director of Public Works Mark Ray, PE, Engineer Summary On January 1, 2012, the City started a new curbside recycling program contract with Allied Waste. Under the old contract, churches were provided with free recycling service, with the City paying the cost to process the materials. Staff was not aware of any churches participating in this free service and as a result this provision was not included in the new recycling contract. The proposed revisions to the City Code are to clarify that multiple family, commercial, and other institutions may participate in the City's curbside recycling program and be charged for this service. The proposed revisions to the City Code specify that multiple family residences, commercial and institutions may contract with either the City or a licensed private hauler for recycling services. By specifying that these types of properties may contract with either the City or a private hauler, there is no ambiguity about the ability of such property owners to avail themselves of either the City service or the services of a private hauler. In addition, multifamily recycling is no longer required to be a weekly service. The recycling industry as a whole is moving toward every other week service (using larger carts instead of bins). Revising this item in the code will make it consistent with current industry practices. Attachments Section 6.35, Subdivsion 11. Recycling Program, redline version (1 page) Ordinance 478, Amending Section 6.35, Expanding Commercial and Institutional Recycling Program (1 page) Recommended Action Motion to adopt Ordinance 478, Amending Section 6.35, Expanding Commercial and Institutional Recycling Program on first consideration. § 6.35 *Subdivision 11. Recycling Program The City shall maintain a recycling program designed to reduce fihe amount of recyclables generated within the City for disposal. Reports providing information on generation, collection and disposal of garbage, recyclables, refuse, yard waste and woody yard waste within the City shall be submitted to Hennepin County as prescribed by its Department of Environment and Energy. The City Manager's designee shall establish administrative program guidelines for each program and fees shall be established by resolution of the Council. Elements of the recycling program shall consist of: A. Curbside Recycling. The City shall contract for curbside recycling to all single I and multiple family residences of four .�units or less. Cost of said program will be billed on a quarterly basis to all such property owners t--ec-+p#��, based on the cost of providing the service less any subsidy provided by Hennepin County. B. Commercial and Institutional Recycling. Commercial and institutional entities within the City shall contract, through a licensed private hauler or the City, for recycling for a minimum of every other week collection '-� ��} '�"�;� �ee�s, the cost of which shall be paid by said commercial or institutional entity. C. Multifamily Recycling. Owners of multifamily dwellings containing more than four �dwelling units shall provide a recycling collection service, throuqh a licensed private hauler or the CitX, for their residents with a designated on- site collection area. Owners shall contract for a minimum af every other week�eelc-F}t collection of the recyclables from the on-site collection area, the cost of which shall be paid by the multifamily dwelling owner. Such collection shall include, at a minimum, all materials collected in the City's curbside recycling program maintained in accordance with this Section and shall meet applicable Hennepin County requirements. D. Special Collection and Drop-off Programs. Licensed residential haulers operating within the City shall provide yard waste and woody yard waste pick-up in the spring and fall as part of their collection service. The City may from time to time collect or provide drop-off sites for yard waste or recyclables. E. No Scavenging. It shall be unlawful for unauthorized persons to collect, remove or dispose of recyclable materials after said materials have been placed or deposited for collection. Golden Valley City Code Page 1 of 2 ORDINANCE NO. 478, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 6.35, Expanding Commercial and Institutional Recycling Program The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 6.35, Subdivision 11(A) is hereby deleted in its entirety and replaced with the following language: A. Curbside Recycling. The City shall contract for curbside recycling to all single and multiple family residences of four (4) units or less. Cost of said program will be billed on a quarterly basis to all such property owners, based on the cost of providing the service less any subsidy provided by Hennepin County. Section 2. City Code Section 6.35, Subdivision 11(B) is hereby deleted in its entirety and replaced with the following language: B. Commercial and Institutional Recycling. Commercial and institutional entities within the City shall contract, through a licensed private hauler or the City, for recycling for a minimum of every other week collection, the cost of which shall be paid by said commercial or institutional entity. Section 3. City Code Section 6.35, Subdivision 11(C) is hereby deleted in its entirely and replaced with the following language: C. Multifamily Recycling. Owners of multifamily dwellings containing more than four (4) dwelling units shall provide a recycling collection service, through a licensed private hauler or the City, for their residents with a designated on-site collection area. Qwners shall contract for a minimum of every other week collection of the recyclables from the on-site collection area, the cost of which shall be paid by the multifamily dwelling owner. Such collection shall include, at a minimum, all materials collected in the City's curbside recycling program maintained in accordance with this Section and shall meet applicable Hennepin County requirements. Section 4. 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 5. This Ordinance shall take effect and be in force from and after its passage and publication. Adopted by the City Council this 21 st day of February, 2012 /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Susan M. Virniq Susan M. Virnig, City Clerk � �... .= �a,;�,�.x �� ° �/ P Finance O � N+ V 763-593-8013/763-593-8109 fax � ) Executive Summary For Action Golden Valley City Council Meeting February 6, 2012 Agenda Item 6. D. First Consideration - Ordinance #479 - Amendment to the 2012 Master Fee Schedule - Commercial and Institutional Recycling Prepared By Sue Virnig, Finance Director Summary Commercial and Institutional entities within the City will be able to work with the Public Works Department to evaluate their recycling program. Some entities may want to contract with the City's hauler. If feasible, and agreeable, the account will be billed with the City's utility bill. The fee will be $3.33 per cart/per month if approved by staff and Allied Waste. Multiple Unit Dwellings are covered under the residential recycling fee. If the Council adopts the Ordinance on First Consideration, Second Consideration will be held on the February 21 meeting. Attachments Ordinance #479, Amendment to the 2012 Master Fee Schedule - Commercial and Institutional Recycling (1 page) Recommended Action Motion to adopt on First Consideration, Ordinance #479, Amendment to the 2012 Master Fee Schedule - Commercial and Institutional Recycling. ORDINANCE NO. 479, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to the Master Fee Schedule for Commercial and Institutional Recycling The City Council for the City of Golden Valley hereby ordains: Section 1. The Master Fee Schedule in Chapter 25 of the City Code is hereby amended by adding the following: Commercial/Institutional Recycling per cart 1-Feb $3.33/month Section 2. 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 3. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 21 st day of February, 2012. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Susan M. Virniq Susan M. Virnig, City Clerk