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10-13-15 CM Agenda Packet AGENDA Council/Manager Meeting Golden Vailey City Hall 7800 Golden Valley Road Council Conference Room October 13, 2015 6:30 pm or immediately following the HRA Meeting Pages 1. METRO Blue Line Extension A. Environmental Update (15 minutes) 2 B. Position Statements (15 minutes) 3-4 2. Undergrounding Ordinance Modifications (15 minutes) 5-11 3. Continued Item - Reconsideration of Winter Parking Ban (30 minutes) 12-14 4. Remote Meeting Attendance by Elected Officials and Board/Commission 15-17 Members (5 minutes) 5. Change Council Meeting Public Hearing Start Time (5 minutes) 18-21 6. Proposed Ordinance Amendment - City Code Section 4.32:Tree and 22-46 Landscape Requirements (15 minutes) 7. Schaper Park Challenge Course Grant Partnership Proposal (10 minutes) 47-51 8. 2016-2020 Capital Improvement Program (1 hour) 52 9. 2016-2017 Proposed General Fund Budget, Other Fund Budgets and 2015 Tax 53 Levy (30 minutes) Council/Manager meetings have an informal, discussion-style format and are designed for the Council to obtain background information, consider policy alternatives, and provide general directions to staff. No formal actions are taken at these meetings. The public is invited to attend Council/Manager meetings and listen to the discussion; public participation is allowed by invitation of the City Council. This document is available in alternate farmats upon a 72-hour request. Please caN 763-593-8006 (TTY: 763-593-3968)to make a request. Examples of alternate'formats may include large print, e(ectronic, Braille,audiocassette, etc. L'l�� C)� ,� � Physical Develcaprnent Department 763 593 8095/763-593-8109(fax} ,�_ _ Executive Summary Golden Valley Council/Manager Meeting October 13, 2015 Agenda Item 1. A. METRO Blue Line Extension Environmental Update Prepared By Jason Zimmerman, Planning Manager Summary Staff from the Bottineau Project Office will be in attendance to provide an update on the environmental issues associated with the light rail line, as well as to give an overview of the municipal consent process and its proposed timing. • r . Ct�y t1 � � � �� ,��, � ��+�� E �� . �� . Ph sical Develo ment De artment ��. �� y _ p p 763 593 8095 J 763 593 8109[fax� Executive Summary Golden Valley Council/Manager Meeting October 13, 2015 Agenda Item 1. B. METRO Blue Line Extension Position Statements Prepared By Jason Zimmerman, Planning Manager Summary In anticipation of upcoming Corridor Management Committee (CMC) meetings, during which votes will be required to be taken by the representatives of the five METRO Blue Line Extension cities and other associated organizations, staff is bringing forward for discussion the six topics felt to be critical to the interests of the City. If Council Members are in agreement regarding the items and positions outlined below, a resolution highlighting these items would be prepared for consideration at the November 4, 2015, City Council meeting in advance of the November 12, 2015, CMC meeting at which the revised project scope/cost estimate will be considered. 1. The City supports the location of a light rail station at the proposed Golden Valley Road site, as it provides the greatest opportunity for residents and employees to take advantage of mass transit. The City is not opposed to the location of a light rail station at the proposed Plymouth Avenue site. 2. In order to protect the surrounding single family neighborhoods from congestion, public parking must be provided for riders who arrive at the Golden Valley Road station by automobile. The City supports the use of this location as a trailhead for the many local and regional trails that converge in the area. 3. Improvements to the Golden Valley Road and Theodore Wirth Parkway intersection should be included in the scope of the project in order to address anticipated traffic and safety concerns resulting from a Golden Valley Road station. 4. Any impacts to Sochacki Park and the surrounding neighborhoods during construction of the light rail project shall be mitigated to the extent possible. Sochacki Park must be restored and enhanced at the conclusion of the project. 5. If the reconstruction of bridges over the Burlington Northern Santa Fe rail line is required as part of the light rail project, new or improved pedestrian and bicycle connections shall be incorporated into the design. 6. Mitigation efforts shall be conducted as part of the project to reduce the impacts to surrounding neighborhoods and to Theodore Wirth Park of noise, vibration, lighting, and safety associated with stations and the operation of light rail vehicles. V Y�� V�. i,�,)I;y. �� C.�e�t � �, Ph sical Develo ment De artment �� '�+� Y P P 763-593-8030/763-593�3388(fax) , � _�,,, ,, Executive Summary Golden Valley Council/Manager Meeting October 13, 2015 Agenda Item 2. Undergrounding Ordinance Modifications Prepared By Marc Nevinski, Physical Development Director Jeff Oliver, City Engineer Eric Seaburg, EIT, Engineer Summary Since 2001, the City has required the placement of overhead utilities underground when their replacement, relocation or reconstruction is in excess of 300 feet (Golden Valley City Code Section 7.28: Undergrounding). The goal of undergrounding utitities has been to better protect them from the elements and create safer and more visually pleasing environments. Late last year, CenturyLink approached the City about placing new fiber overhead on existing lines in five neighborhoods. Unfortunately,this proposal was not consistent with the City's Right- of-Way (ROW) ordinance. In an effort to work with Centurylink, staff drafted a modification to the ROW ordinance to more clearly define where the placement of overhead facilities could be allowed and still maintain the intent of the City's ordinance. This included the ability to allow overhead placement in all areas except local, collector, and arterial rights-of-way. The following language is proposed in Ordinance No. 561 (attached): The City may allow the new construction, relocation, or reconstruction of facilities above ground in excess of 300 feet only, if, at the sole discretion of the City Manager, or his/her designee, the placement of the facilities are: A. On existing poles; 8. Are located entirely in the rear yards of residentially zoned parcels; C. Are not adjacent to areas generally visible to the public, including but not limited to, parks, nature areas, streets, or public or private communiry gathering spaces; D. Are not located in or adjacenr to and identified or planned development, redevelopment, or projecr area; E. Are not located in or adjacent to, or are significantly visible from a local, collector or arterial right-of-way; and F. To be located in an area where historically power outages and service disruptions are limited, and the risk of such in the future is minimal. Council gave first consideration to the modified language in June of 2015. However, despite several meetings, CenturyLink stated they still could not proceed with three-fifths of their project under the proposed ordinance. Staff concluded that Council direction was needed to further modify the ordinance from what was presented at the first consideration in June. It is important to note that modifications to the undergrounding ordinance would impact all utility companies. Since 2012, 111 permits have been issued to 12 different utility companies to place facilities underground, for a total of 19.3 miles. Staff recommends implementing the modified ordinance as proposed in June 2015. Attachments • Current City Code Section 7.28: Undergrounding(3 pages) • Proposed Ordinance No. 561, Amending Section 7.28: Undergrounding, Regarding Addition of Undergrounding of Permanent Replacement, Relocated or Reconstructed Facilities Exceptions (1 page • Map of ROW Requiring Undergrounding (Collector and Arterial) (1 page) § 7.28 Section �.28: Undergrounding Subdivision 1. Generally Facilities placed in the right-of-way must be located, relocated and maintained underground pursuant to the terms and conditions of the Code and in accordance with applicable construction standards. This Section is intended to be enforced consistently with state and federal law regulating right-of-way user, specifically including but not limited to Minnesota Statutes, Sections 161.45, 237.162, 237.1fi3, 300.03, 222.37, 238.084, and 2166.36 and the Telecommunications Act of 1996, Title 47, USC Section 253. Subdivision 2. New Extended Facilities A new Facility or a permanent extension of Facilities must be installed and maintained underground when supplied to: A. n�w installation of buildings, signs, streetlights or other structures; B. new subdivision of land; or C. a new development or industrial park containing new commercial or iredustrial buildings. Subdivision 3. Undergrounding of Permanent Replacement, Relocated or Reconstructed Facilities A permanent replacement, relocation or reconstruction of a facility of more than three hundred (300) feet must be located, and maintained underground, with due regard for seasonal working conditions. For purposes of this Section, reconstruction means any substantial repair of or any improvement to existing Facilities. Undergrounding is required whether a replacement, relocation or reconstruction is initiated by the right-of-way user owning or operating the Facilities, or by the City in connection with A) the present or future use by the City or other local government unit of the right-of-way for a public project, B) the public health or safety, or C) the safety and convenience of travel over the right-of-way. Subdivision 4. Retirement of Overhead Facilities The City may determine whether it is in the public interest that all Facilities within the City, or within certain districts designated by the City, be permanently placed and maintained underground by a certain or target date, independently of undergrounding required pursuant to this Chapter. The decision to underground must be preceded by a public hearing, after published notice and written notice to the utilities affected. At the hearing the City Council must consider items (A)-(D) in Section 7.28, Subdivision 6 and make findings. Undergrounding may not take place until City Council has, after hearing and notice, adopted a plan containing items (A)-(F) of Section 7.28, Subdivision 7. Golden Valley City Code Page 1 of 3 § �.2s Subdivision 5. Public Hearings A hearing must be open to the public and may be continued from time to time. At each hearing any person interested must be given an opportunity to be heard. The subject of the public hearings shall be the issue of whether Facilities in the right-of- way in the City, or located within a certain district, shall all be located underground by a date certain. Hearings are not necessary for the undergrounding required under Section 7.28, Subdivisions 2 and 3. Subdivision 6. Public Hearing Issues The issues to be addressed at the public hearings include but are not limited to: A. The costs and benefits to the public of requiring the undergrounding of all Facilities in the right-of-way. B. The feasibility and cost of undergrounding all Facilities by a date certain as determined by the City and the affected utilities. C. �'he tariff requirements, procedures and rate design for recovery or intended recovery of incremental costs for the undergrounding by the utilities from ratepayers within the City. D. Alternative financing options available if the City deems it in the public interest to require undergrounding by a date certain and deems it appropriate to participate in the cost otherwise borne by the taxpayers. Upon completion of the hearing or hearings, the City Council must make written findings on whether it is in the public interest to establish a plan under which all Facilities will be underground, either citywide or within districts designated by the City. Subciivision 7. Undergrounding Plan If the City Council finds that it is in the public interest to underground all or ` substantially all Facilities in the public right-of-way, the City Council must establish a plan for such undergrounding. The plan for undergrounding must include at least the following items: A. Timetable for undergrounding. B. Designation of districts for the undergrounding unless, undergrounding plan is citywide. C. Exceptions to the undergrounding requirement and procedures for establishing such exceptions. D. Procedures for the undergrounding process, including but not limited to cAordination with City projects and provisions to ensure compliance with non- discrimination requirements under the law. Golden Valley City Code Page 2 of 3 § �.2s E. A financing plan for funding of the incremental costs if the City determines that it will finance some of the undergrounding costs, and a determination and verification of the claimed additional costs to underground incurred by the utility. F. Penalties or other remedies for failure to comply with the undergrounding. Source: Ordinance No. 239, 2nd Series Effective Date: 3-15-01 Golden Valley City Code Page 3 of 3 ORDINANCE NO. 561, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 7.28 Undergrounding Regarding Addition of Undergrounding of Permanent Replacement, Relocated or Reconstructed Facilities Exceptions The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 7.28 Undergrounding is amended by adding Subdivision 4. Exceptions to read as follows and renumber subsequent Subsections as needed: Subdivision 4. Exceptions The City may allow the new construction, relocation, or reconstruction of facilities above ground in excess of three hundred (300) feet only if, at the sole discretion of the City Manager, or his/her designee, the placement of the facilities are: A. On existing poles; B. Are located entirely in the rear yards of residentially zoned parcels; C. Are not adjacent to areas generally visible to the public, including but not limited to, parks, nature areas, streets, or public or private community gathering spaces; D. Are not located in or adjacent to an identified or planned development, redevelopment, or project area; E. Are not located in, adjacent to, or are significantly visible from a local, collector, or arterial right of way; and F. To be located in an area where historically power outages and service disruptions are limited, and the risk of such in the future is minimal. Section 2. City Code Chapter 1 entitled "Genera! Provisions and Definitions . Applicable to the Entire City Code Including Penalty for Violation" and Section 7.99 entitled "Violation a Misdemeanor" are hereby adopted in their 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 16th day of June, 2015. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Kristir�e A. Luedke Kristine A. Luedke, City Clerk .._..----------�------�-�-, � � � ; ;� ' i i � � � i , � . i �, _.._. . .--- . � � •� �--•-• � , „"°r !J�4 '---` �----•�-••--•, I i , .,M.�.d � 3 m ,'.°""�� I �a � j x� � �. � ' '', � � ,:; -•-•---�.'_ ^ - --•r- --••-••- •f.t - ..�..�.._..-_-••-••-• �.•-••-•� .._ .. ..-----•- . � . II -"-"-"_..- "-"-,•-'—' i � ,. �o ��`" Mendelssohn Ave , �' ' .. . � ,. � . � `�si � • �f". s�, d . \ ' r � �! f0'. ,� � � . 7: �� <� .. , �' �� ' a � '. 1 � S' .^� . . ... �`_.o =� . C ... a a= „�, 1 C� '.a""„ • g x �a . 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O � G ^ �a y Q ,w / �� VI �o N oo D D � � � o � 3 � � � � �� ' �� 5� 5� o o� � v �� A o 0 o n n -v' � �o D D D ° � � � ".� � � � cn m D c� �o c� c� c� �. � m c'�n o� v� v v� o o �. � � v � a — � � D a � '� � (Q o G � �- � � � � � � O ci�y c�� fi�+;.,,. �� ,'�, �'�j� Physical Development I�epartment �` 763-593-80301?63-593-3988 ifax? Executive Summary Golden Valley Council/Manager Meeting October 13, 2015 Agenda Item 3. Reconsideration of Winter Parking Ban Prepared By Marc Nevinski, Physical Development Director Summary Following the September Council/Manager meeting, several Council Members requested this topic be brought back for further discussion and consideration. The Executive Summary from the September meeting is attached. Attachments • Executive Summary, 2014-2015 Winter Parking Restrictions Review (2 pages) �:��y �� .:�� ld�� , �'�� Physical Developm�nt Department 763 593 8D30!763 593 3988(fax) �.._° .: . _� . �. , �. _ . . , Executive Summary Golden Valley Council/Manager Meeting September 8, 2015 Agenda Item 1. 2014-2015 Winter Parking Restrictions Review Prepared By Marc Nevinski, Physical Development Director Bert Tracy, Public Works Maintenance Manager Summary While the large snow events (2+ inches) generally receive media attention and fewer vehicles are parked on the street, the City performs de-icing and plow the roads more frequently for snow events less than 2 inches. This is in response to icy roads and to address key areas of concern in the City. Ideally, staff is plowing or treating the streets in the early morning when there is less traffic for equipment operators to avoid which is safer and more efficient. The winter parking restriction is another tool in the City's winter snow and ice control efforts. The winter of 2014-2015 was very mild and maintenance staff had started prior to 6 am on only 15 occasions. However,the 2013-2014 winter operations were performed on well over 50 days prior to 6 am, conducting anti-icing, de-icing and plowing operations. When responding to winter ice and/or snow events, the vehicles parked on the street create additional obstacles that operators must watch for and navigate around while de-icing and/or plowing. Without the parking restriction, one of the challenges for maintenance route operators is to get as close to the parked vehicle as possible to clear with street without coming into contact with the vehicle. Occasionally, the route operators are unable to safely navigate around a parked vehicle leaving the street unplowed. When parked vehicles are plowed around, snow remains in the street which can present a hazard for traffic and require additional staff time and machine hours to remove. The parking ban helped reduce these situations. 2014-2015 Winter Parking Restrictions Summary: � No snow emergencies were declared. Although, on two occasions staff did not need to call a snow emergency because of the Ordinance. � Neighboring city residents that have similar on-street parking restrictions were no longer able to park in front of Golden Valley homes. � With parking restrictions in place, staff would not need to call a snow emergency during the day. Instead, Staff would work on clearing the roads during the day and return early the following day to complete clean up. � On one occasion the City received an overnight snow fall (started around 9:00 pm). Staff began to full plow operations early. As it was overnight, vehicles were not allowed to park on the street. If the City had not had parking restrictions in effect, a snow emergency would have been called in the early morning which would not have been effective. � During large snow winters, the Ordinance allows Staff to complete winging operations in the overnight or early morning hours rather than during the day time when pedestrians, children in snow banks or children at bus stops, and vehicle traffic are present. � When anti-icing before a storm, equipment operators can drive down the center of all the streets instead of drifting from side to side in order to avoid parked vehicles. � When snow fall amounts are lower than two inches and/or the event occurs during the day, Staff utilizes the overnight parking restriction as an opportunity to clean up the roadways. � The Police Department issued 240 citations and 187 warnings for overnight parking. During November, only warnings were issued as a way to inform people of the new ordinance. Approximately thirty exemptions were granted in the 2014-2015 season. The Police Department reports that the process generally worked well. � Staff believes the current winter parking restrictions should be maintained for at least several more seasons to avoid confusion by the public and to allow for further evaluation of the Ordinance under different winter conditions. Similar City Ordinances: Below is a summary of what neighboring cities use for on-street parking restrictions. � Crystal - No on-street parking year round between 2 am and 5 am. No on-street parking after a snowfall of 1.5 inches or more until the street is plowed to the curb. � Minnetonka - No on-street parking year round between 2 am and 6 am. � New Hope - No on-street parking year round between 2 am and 6 am. No on-street parking after a snowfall of 1.5 inches or more until the street is plowed to the curb. � Plymouth - No on-street parking year round between 2 am and 5 am. No on-street parking after a snowfall of 2.5 inches or more until the street is plowed to the curb. � Edina - No on-street parking between 1 am and 6 am from November 1 through March 1. No on-street parking after a snowfall of 1.5 inches or more until the street is plowed to the curb. � Robbinsdale - On-street parking is prohibited any time there is a snowfall of 2 inches or more until the street is plowed to the curb. � St Louis Park- On-street parking is prohibited any time there is a snowfall of 3 inches or more until the street is plowed to the curb. �l�� 4� �''��;� Dld�n � � �� t� � N �r � � �t�,. �,,,'.� City Administration/Council 763 593-8003/763-593-8109(fax) Executive Summary Golden Valley Council/Manager Meeting October 13, 2015 Agenda Item 4. Remote Meeting Attendance by Elected Officials and Board/Commission Members Prepared By Chantell Knauss, Assistant City Manager Summary There have been requests from both Council and Board/Commission Members on options for remote meeting attendance when someone is not able to attend a meeting due to being out of town. Minnesota Statute §13D.02 does allow for remote meeting attendance provided that the following four requirements are met: � At least one member is physically present at the regular meeting location � All members must be able to hear and see each other and all discussion and testimony presented at any location at which at least one member is present � The public in attendance at the regular meeting location must be able to hear and see all discussion, testimony, and votes of all members � Each location that a member is present must be open and accessible to the public The Statute also requires the City to notice both the'regular meeting location, as well as any site(s) where a member of the public body will be participating in the meeting remotely. If implemented to meet the above Statutory requirements, members attending the meeting remotely are considered present at the meeting for purposes of a quorum and participating in all the proceedings. There are two categories of public City meetings that remote attendance would apply: non- televised meetings and televised meetings. Non-televised meetings include Council/Manager Meeting$ and Board/Commission meetings, with the exception of the Planning Commission meetings. Televised meetings include City Council, Housing and Redevelopment Authority (HRA) and Planning Commission meetings. Non-televised Meetin�s. Council/Manager Meetings and many Board/Commission meetings are regularly held in the Council Conference Room. Setting up an interactive camera for this location would be relatively simple with minimal cost and staff resources. Televised Meetin�s. For the City Council, HRA and Planning Commission meetings, the process is more complex. Because there is a television/web streaming viewing public oufside the Council Chambers, it would be necessary to upgrade the video equipment so that the television/web streaming viewing public would be able to see and hear all members that are attending the meeting remotely, as required by the law. Because the current equipment in the Council Chambers does not have this capability, staff would need to consult with vendors to obtain cost estimates and available options. Should Council wish to move forward with allowing remote meeting attendance for either or both televised and non-televised public meetings, a policy should be adopted prior to implementation. The policy should include the following: � A quorum of the members must to be physically present at the regufar meeting location, unless it is deemed an emergency meeting in accordance with State Law � Boards/Commissions, with the exception of the Planning Commission, would need to meet in the City Hall Council Conference Room if any members are attending remotely � Remote meeting attendance locations must be public facilities such as a government building, library, etc. and not the attendees hotel room or lobby � Nlembers may only attend remotely when outside the Golden Valley city limits � Members may remotely attend a maximum of 17% of the body's meetings in a calendar year � Members remotely attending a meeting must have a stable, consistent source of internet access � Members remotely attending a meeting are responsible for any associated costs of meeting attendance from the remote location, and will not be reimbursed by the City It is requested Council provide direction as to whether or not they would like to move forward with adopting a policy and implementing remote meeting attendance for elected officials and/or board/commission members. Attachments • Minnesota Statute §13D.02 Meetings Conducted by Interactive TV; Conditions (1 page) 1 MINNESOTA STATUTES 2015 13D.02 13DA2 MEETINGS CONDUCTED BY INTERACTIVE TV; CONDITIONS. Subdivision 1.Conditions.A meeting governed by section 13D.01,subdivisions 1,2,4,and 5,and this section may be conducted by interactive television so long as: (1)all members of the body participating in the meeting,wherever their physical location,can hear and see one another and can hear and see all discussion and testimony presented at any location at which at least one member is present; (2) members of the public present at the regular meeting location of the body can hear and see all discussion and testimony and all votes of inembers of the body; (3)at least one member of the body is physically present at the regular meeting location; and (4)each location at which a member of the body is present is open and accessible to the public. Subd. 2. Members are present for quorum, participation. Each member of a body participating in a meeting by electronic means is considered present at the meeting for purposes of determining a quorum and participating in all proceedings. Subd.3. Monitoring from remote site; costs. If interactive television is used to conduct a meeting,to the extent practical, a public body shall allow a person to monitor the meeting electronically from a remote location.The body may require the person making such a connection to pay for documented marginal costs that the public body incurs as a result of the additional connection. Subd.4.Notice of regular and all member sites. If interactive television is used to conduct a regular, special, ar emergency meeting, the public body shall provide notice of the regular meeting location and notice of any site where a member of the public body will be participating in the meeting by interactive television. The timing and method of providing notice must be as described in section 13D.04. Subd. 5. School boards; interactive technology with an audio and visual link. A school board conducting a meeting under this section may use interactive technology with an audio and visual link to conduct the meeting if the school board complies with all other requirements under this section. History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art S s 7; 1973 c 654 s IS; 1973 c 680 s 1,3; 1975 c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c 313 s 1; 1990 c 550 s 2,3; 1991 c 292 art 8 s 12; 1991 c 319 s 22; 1994 c 618 art 1 s 39; 1997 c 154 s 2; 1Sp2011 c 11 art 2 s 1 Copyright OO 2015 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. Ct��1 C�� ,,.q,;;r C��C��Z � �T,`�„ �'� City Administration/Council 763 593-8003/763-593-8109(fax) �.- , ..o � ;._ .._. _ _. �_t� Executive Summary Golden Valley Council/Manager Meeting October 13, 2015 Agenda Item 5. Change of Start Time for Public Hearing at Council Meeting Prepared By Timothy Cruikshank, City Manager Summary The current Council agenda sets the public hearing time at 7 pm. While reviewing the order for the agenda to run efficiently for both Council and staff, I am recommending that all public hearing(s) follow the consent agenda in order but start when that item is finished versus waiting until the scheduled time at 7 pm. All public hearing notices and mailings would change to include the start time of the meeting at 6:30 pm. Section 2.10 sub 2 states "The Council, by resolution shall establish an order for conducting business and varying therefrom, except that all public hearings shall be held at the time specified in the notice of hearing, unless several public hearings are scheduled at one time, in the event they shall be heard as soon as practicable thereafter." Resolution 03-5 set the order as well as the time for public hearings. This resolution will need to be amended if Council gives direction to remove the 7 pm start time. All hearings that have been posted and noticed for 7 pm would still start at that time such as the Truth in Taxation Hearing on December 1. In 2008, Open Forum (Public Comment) changed to start before the Council meeting but no resolution was amended to reflect that change. If staff is directed,the amended resolution will be added to the October 20 Council Meeting. Attachments: • Resolution 03-5, Establishing the City Council Meeting Order of Business (1 page) • City Code Section 2.10: The Agenda and Order of Business (1 page) • Resolution Re-establishing the City Council Meeting Order of Business (1 page) Resolution 03-5 January 7, 2003 Member Johnson introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING THE CITY COUNCIL MEETING ORDER OF BUSINESS WHEREAS, Ordinance No. 275, 2nd Series, amends Section 2.10 of the City Code to provide that the agenda and order of business for the City Council will be set by resolution of the Council; and WHEREAS, the City Council has determined an order of business for future meetings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that the following order of business is hereby adopted, Call to Order Additions and Corrections to Agenda Public Comment Consent Agenda Public Hearings Old Business New Business Adjournment BE IT FURTHER RESOLVED that the presiding officer may be vary from the order of business except that public hearings shall be held as close as practicable to 7:00 p.m. , � Linda R. Loomis, Mayor ATTEST: �_ . ___......_._ Donald G. Taylor lerk The motion for the adoption of the foregoing resolution was seconded by Member Tremere and upon a vote being taken thereon, the following voted in favor thereof: Grayson, Johnson, LeSuer, Loomis and Tremere; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. § 2.10 Sect�on 2.10: The Agenda and Order of Business Subdivision 1. Agenda The City Clerk shall prepare an agenda of business of each regular Council meeting and file a copy in the office of the City Manager not later than three days before the meeting. The agenda shall be prepared in accordance with the order of business and copies thereof shall be delivered to each Council member and to the City Attorney as far in advance of the meeting as time for preparation will permit. No item of business shall be considered unless it appears on the agenda for the meeting or is approved for addition to the agenda by a unanimous vote of the Council members present. Source: City Code Effe�tive Date: 6-30-88 Subd'ovision 2. Establishing and Varying Order Each meeting of the Council shall convene at the time and place appointed therefore. The Council, by resolution shall establish an order for conducting business and varying therefrom, except that all public hearings shall be held at the time specified in the notice of hearing unless several public hearings are scheduled at one time, in that event they shall be heard as soon as practicable thereafter. Source: Ordinance No. 275, 2nd Series Effective Date: 1-17-03 Golden Valley City Code Page 1 of 1 Resolution 15 October 20, 2015 Member introduced the following resolution and moved its adoption: RESOLUTION RE-ESTABLISHING THE CITY COUNCIL MEETING ORDER OF BUSINESS WHEREAS, Ordinance No. 275, 2nd Series, amends Section 2.10 of the City Code to provide that the agenda and order of business for the City Council will be set by resolution of the Council; and WHEREAS, Resolution 03-5, adopted January 7, 2013, established the City Council Meeting Order of Business; and WHEREAS, the Council wishes to rescind Resolution 03-5 and re-establish the City Council Meeting Order of Business; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that the following order of business is hereby adopted, Call to Order Additions and Corrections to Agenda Consent Agenda Public Hearings Old Business New Business Adjournment BE IT FURTHER RESOLVED that the presiding officer may vary from the order of business; and BE IT FURTHER RESOLVED that the City Council will conduct an Open Forum, which would proceed before the Council meeting at 6:20 pm, with sign-up required by 6:15 pm. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, 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. t;t�� tJ� ��+�Y� � . �T,`�,. �,''�,� Physlcal Developrnent Department 763 593-8a951763-593-8'109(fax) ��:��. - _ ,-. � m� �_.� ._. Executive Summary Golden Valley Council/Manager Meeting October 13, 2015 Agenda Item 6. Proposed Changes to Tree and Landscape Requirements Prepared By AI Lundstrom, Parks Maintenance Supervisor Emily Goellner, Associate Planner/Grant Writer Summary Staff is seeking feedback from Council regarding the set of proposed changes to the Tree Preservation section of City Code. Allowable Tree Removal Reduced The City's goal is to require the preservation of high quality trees to the largest practical extent possible. Staff is proposing to reduce the amount of trees than can be removed from the site prior to mitigation being required during both initial site development (which includes any regrading of a site or installation of utilities) and lot development (which includes construction of buildings and installation of landscaping). _ __ _ __ _ . ._. __ __ _ Type of Work ' Zoning District ! Current ' Proposed _ . ,_ . , _ __ _ .. _ _ � Initial Site '; 25% of trees on lot may ' 20% of trees on lot may ; ' Development All Districts ! be removed prior to be removed prior to ; (Grading, Utilities) '; ', mitigation , mitigation ;_ _ _ . _. _._ . _... �_ _ _ __; 20%of trees on lot may ; 15% of trees on lot may ; Lot Development Single-Family ; be removed prior to ; be removed prior to Residential (Building ' mitigation mitigation __ __ _, ___ _ Construction, � 30% of trees on lot may 30% of trees on lot may ' Landscaping) All other Land Uses �� be removed ; be removed __ __ _ _. . : Prioritizing Mitigation Options Forestry staff has prioritized the planting of trees over cash deposits. However, planting all of the trees necessary to meet the mitigation requirement can be challenging on some lots due to the presence of structures, power lines, changes in grading, and other existing trees. Because of this, staff would like to add language that outlines the City's prioritization of mitigation options. In order of priority, trees should be planted: 1. On the property in which they were removed 2. Within the development proposal that includes multiple lots 3. Off-site, but within the City of Golden Valley 4. Pay cash in-lieu of planting Introduction of Minimum landscape Standards The following landscape standards were compared to recent developments within the City as well as to the standards used in surrounding cities. __ _ _ __.... __ ._ _. _ _ - _ _ ' Minimum Zoning District ' Eligibility ; Minimum Tree Plantings Shrub/Perennial Plantings ' __ , _ _ _ , _ _. , " New Construction Single-Family ' °r o ' 3 trees, 1 of which must i Residential 100% increase in be located in the front 5 shrubs/perennials building footprint of ; yard � � principle structure ? ; �� __ __. _ __ . _. __ � -- - Examples Analyzed: Paisley Ln, Meadow Ln, Sunnyridge Lane, Triton Drive, Cutacross Road _ _ . ___ , _ ._ , _.. __ _.. ,_ _ __ ! ' 1 shrub/perennial per 5 � � 1 tree per 50 linear feet of �i linear feet of street ` �� ; New Construction � street frontage �� fronta e � Industrial ; or g 1 tree per 50 linear feet of � i 10% increase in � perimeter abutting 1 shrub/perennial per 5 ; Light Industrial � linear feet of perimeter ; impervious surface � residential property or ' regional trail abutting residential property or regional trail _ _ . _._ _ G _ _ _ _ Examples Analyzed: CenterPoint Energy, Lock-Up ' _ _. , _ _ _, ._ _ __ _ , � All Other Zoning ; �� Districts �� ` � ' (Multi-Famity New Construction Residential, or 1 tree per 50 linear feet of 1 shrub/perennial per 5 ' Mixed Use, ' 10% increase in ! perimeter ' linear feet of perimeter Commercial, impervious surface , , ; Institutional, ' ' ! Office) ' , ' . _ __ __ _.. _ _ _ ._ . __ __ _. _ _ Examples Analyzed: Trustone, Holiday Inn Express, Arcata, Xenia Work Plan Proposed changes will be reviewed by the Environmental Commission and shared with the Planning Commission at meetings on October 26. A public hearing is tentatively scheduled for the City Council agenda on November 17. Beyond changes to the City Code, staff will also create educational handouts that could be provided by the City. Attachments Underlined/Overstruck version of City Code Section 4.32: Tree Preservation (11 pages) Clean version of City Code Section 4.32: Tree and Landscape Requirements (10 pages) Comparison of City Code Section Outlines (1 page) § 4.32 Section q..32: Tree and Landsca�e Rec�uirementsDr^�.^,�T�+;^r Subdivision 1. Findings and Purpose Statement The City Council finds it is in the best interest of the City to protect, preserve, and enhance the natural environment of the community and to encourage a resourceful and prudent approach to the development, redevelopment and alteration of trees or wooded areas. In the interest of achieving these objectives, the City has established the comprehensive tree preservation regulations herein to promote the furtherance of the following: A. Protection and preservation of the environment and natural beauty of the city; B. Assurance of orderly development and redevelopment within trees or wooded areas to minimize tree and habitat loss; C. Prevention or reduction of soil erosion and sedimentation and storm water runoff; D. Evaluation of the impacts to trees and wooded areas resulting from development; E. Establishment of minimal standards for tree preservation and the mitigation of environmental impacts resulting from tree removal; F. Provision of incentives for creative land use and environmentally compatible site design which preserves trees and minimizes tree removal and clearcutting during development; and G. Enforcement of tree preservation standards to promote and protect the public health, safety and welfare of the community. Subdivision 2. Definitions For the purposes of this section, the following terms shall be defined as stated: I � � � . g:t�._ Applicant: Any person or entity that is required to submit and implement an approved tree preservation plan under this section. C:�,._______Construction Area: Any area in which mavement of earth, alteration in topography, soil compaction, disruption of vegetation, change in soil chemistry, or any other change in the existing character of the land occurs as Golden Valley City Code Page 1 of 11 � 4.32 a result of the site preparation, grading, building construction or any other construction activity. D-:C�LL��Critical Root Zone (CRZ): An imaginary circle surrounding the tree trunk with a radius distance of one foot per one inch of tree diameter, e.g., a twenty (20) inch diameter tree has a CRZ with a radius of twenty (20) feet. �;D__._ �,Developer: Any person or entity other than a builder who undertakes t� improve a parcel of land, by platting, grading, installing utilities, or constructing or improving any building thereon. �.E. Development or Redevelopment: Individual lot single-family or two-family residential development, single-phase development and two- phase development, as those terms are defined herein. G.F. Diameter Inch: The diameter, in inches, of a tree measured at diameter breast height (four and a half (4.5) feet from the uphill side of the existing ground level). t�-:C� Drip Line: The farthest distance away from the trunk that rain or dew will fall directly to the ground from the leaves or branches of the tree. I-:H_._ __ _____ Initial Site Develo�ment: The process generally includes initial site gradina• installatian of utilities; construction of streets; construction and aradinq af drainage ways�.filling of any areas; grading of the pad area; utilitv hookups; construction of buildings parkina lots, driveways storage areas� recreation areas private streets� and any other activity within the construction area prior to construction. I }� �� , K:I�_ Single Lot Development: The process generally includes aradinq of specific pad areas� utility hookups; construction of buildinqs parking lots� driveways, storaqe areas�recreation areas, streets, and any other activitv within the specific construction zone. �-- . ; ; ; ; ; ; r Golden Valley City Code Page 2 of 11 § 4.32 I , , � � , , M.�. Tree: Any of the following type of trees, as each is defined herein: �— . , , �— . , , � , , � �1. Hardwood Deciduous Tree: Includes, but is not limited to ironwood, � catalpa, oak, maple (hard), walnut, as�►;hickory, birch, black cherry, hackberry, locust and basswood. �;2._�Significant Tree: A healthy tree measuring a minimum of six (6) � inches in diameter for hardwood deciduous trees, as defined herein, or a minimum of twelve (12) inches in diameter for softwood deciduous trees, as defined herein, or a minimum of four 4 inches in diameter for coniferous/evergreen trees. All other trees that do not meet this definition are not considered significant. ��3. Softwood Deciduous Tree: Includes, but is not limited to � cottonwood, poplars/aspen, box elder, ash, willow, silver maple and elm. 5-4. Specimen Tree: A healthy hardwood deciduous tree measuring ec�tra� thirty (30) inches or greater in diameter and/or a coniferous tree measuring ' twenty-four (24) inches or greater in- diameter��. ; ; ; , ; • ; ; , , , , - , ; Subdivision 3. Permitting ProcessT--�- "��-��'�:�� "'--- � A. Tree Preservation Permit Eliqibilitx. A tree preservation plan shall be submitted to and approved by the City and implemented in connection with any of the following: 1. New development or redevelopment in any zoning district; Golden Valley City Code Page 3 of I1 § 4.32 �—Expansion of the footprint of any existing building by ten percent (10%) or greater square feet, where an approved tree preservation plan is not on file with the City. �:-- f--� . Within Ssingle-F€amily Residential (�R-11 and ��'t�}tModerate DensitX Residential (R-2) Z�oning D�istricts, the provisions of this section shall not apply �o trees removed as a result of additions to existing structures or construction of new accessory structures. � B. Application Submission R�equirements. 1. The tree preservation plan required hereunder shall be submitted or incorporated with a , stormwater management plan. All tree preservation plans must be certified by a certified tree inspector or landscape architect retained by the applicant. 2. The tree preservation plan shall be submitted to the City at least five I working days prior to the issuance of the ' , ' ' �e-45tormwater �+�-Permit to ensure compliance with the approved tree preservation plan. 3. Building permit applicants for new single-family or twa-family homes, which are not part of a larger development, shall prepare an individual lot tree preservation plan when significant tree5 or; specimen trees�� exist on site as determined by the Citv Manager or hislher desi_qnee. Individual lot tree preservation plans for single-family or two-family residential buildings are not required to be prepared by a certified tree inspector or landscape architect. D. Plan requirements. The tree preservation plan, a narrative and map or series of maps, shall include the following information: 1. The name(s), telephone number(s), and address(es) of applicants, property owners, developers and/or builders; 2. A Certificate of Survey, prepared in accordance with City specifications; 3. Delineation of all areas to be graded and limits of land disturbance; 4. Size, species, and location of all existing significant trees, specimen trees, and significant woodlands located within the project limits. These � significant trees and; specimen trees, should be identified in both graphic and tabular form; 5. Identification of all significant trees and; specimen trees;-a�-��+g� �nr��s proposed to be removed within the construction area. These Golden Valley City Code Page 4 of 11 § 4.32 � significant trees and; specimen trees, should be identified in both graphic and tabular form; I 6. Measures to protect significant trees and; specimen trees,—a-�-=si�� ; 7. Size, species, and location of all replacement trees proposed to be planted on the property in accordance with the tree replacement schedule; and 8. Signature of the person(s) preparing the plan. E. Required protective measures. The tree preservation plan shall identify and require the following measures to be utilized during construction to protect � significant trees and; specimen trees, . 1. Installation of snow fencing or polyethylene laminate safety netting placed at the drip line or at the critical root zone (CRZ), whichever is greater, of � significant trees and; specimen trees_, to be preserved. No grade change, construction activity, or storage of materials shall occur within this fenced area. 2. Identification of any oak trees requiring pruning between April 15 and July 1. Any oak trees so pruned shall be required to have any cut areas sealed with an appropriate nontoxic tree wound sealant at the moment of trimming. 3. Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials, such as fuels or paints. F. Additional protective measures. The following tree protection measures are I suggested to protect significant trees and,—_specimen trees�-�i��+€i� �aree�� that are intended to be preserved according to the submitted tree preservation plan and may be required by the City: 1. Installation of retaining walls or tree wells to preserve trees. 2. Placement of utilities in common trenches outside of the drip line of significant trees, or use of tunneled installation. 3. Use of tree root aeration, fertilization, and/or irrigation systems. 4. Transplanting of significant trees into a protected area for later moving into permanent sites within the construction area. 5. Therapeutic pruning of diseased tree branches or damaged and exposed root systems. 6. Installation of root severing protection barriers along Critical Root Zones. Golden Valley City Code Page 5 of 11 § 4.32 7. Designation of areas for soil and equipment storage to prevent soil compaction in Critical Root Zones. G. Performance guarantee. Any applicant for any building or grading permit within a development covered by this section shall provide the required performance guarantee following preliminary approval of the tree preservation plan and prior to any construction and/or grading. The amount of the performance guarantee to be submitted shall be calculated for each tree preservation plan as follows: 1. One hundred percent (100%) of the cost of completing tree replacement mitigation as determined by the City unless the applicant provides tree mitigation in the form of cash dedication, or; 2. An amount to guarantee preservation of all trees to be preserved in the tree preservation plan which lie within fifteen (15) feet of the construction zone (measured from the construction zone to the nearest side of the tree trunk). The amount shall be based on the total diameter inches of significant trees and specimen trees to be preserved within this fifteen (15) foot zone at the rate of twenty-five dollars ($25.00) per diameter inch 3. 4. Performance guarantee shall be in addition to any other landscaping bond required by the City. 5. Following written request by the applicant for acceptance, the performance guarantee will be released upon verification by the City that the tree preservation plan was followed and that the tree replacement schedule was complied with where necessary, but in no event shall the I performance guarantee be released earlier than one 1 �-w-a-growing season� after the date of the approval of final inspection. H. Removal of diseased trees required. Prior to any grading, all diseased, hazardous, and nuisance trees on the subject property shall be identified by the City in accordance with the tree disease control and prevention regulations of the City Code. Any and all diseased or hazardous trees as identified in other sections of this code shall be removed from the property at the expense of the property owner, at the time of grading, if so directed. I I. Removal or destruction of protected trees . Any significant or specimen tree that was removed or otherwise destroyed within two years before any application for a grading, drainage and erosion control permit or building permit or other zoning or related application for development must be replaced in the same general location by two trees meeting the requirements of Category A, Subdivision 5.A. Golden Valley City Code Page 6 of 11 § 4.32 herein. The replacement trees will be considered significant trees existing at the time of the development application and may be removed and relocated on the site only if the original significant tree would have been allowed to be removed under this ordinance. � J. Co m p I i a n ce-�nti�-�+a+fi 1. The applicant shall implement the tree preservation plan prior to and during any construction. The tree protection measures shall remain in place until all grading and construction activity is terminated, or until a I . request is made to and approved by the �r..,�-�a�e�City Manager or his/her designee. � 2. No significant trees orr specimen trees, shall be removed until a tree preservation plan is approved and such removals shall be in accordance with the approved tree preservation plan. If a � significant tree(s) or,-specimen tree(s) that was intended to be preserved is removed without specific permission of the �4��-i-r�+s��a�e�City Manager or hisLher desi_qnee or damaged so that it is in a state of decline within one ��e--(1�) year� from date of project closure, a cash mitigation, calculated per diameter inch of the I removed{��+�d tree or per total square foot of s-i��,'� �r�r��i�l-a��i-ssianificant tree and specimen tree, in the amount set forth in the City fee schedule, shall be remitted to the City. 3. The City shall have the right to inspect the development and/or building site in order to determine compliance with the approved tree preservation plan. The City shall determine whether the tree preservation plan has been complied with. ISubdivision 4. � Tree Removal I A. Tree removal allowance. Specimen tree and,—_significant tree, ' �nr�� removal shall be in accordance with the City-approved tree preservation plan. Mitigation shall be required if the total number trees removed exceed the following percentages: � 1. Single-L+ot D�evelopment.- a. Single- ' Famil�(R-1) and Moderate Density (R-2� Residential:; fifteen ��-�+-percent (15�A%) allowable removal prior to mitigation requirements.- b. ' Medium R-3 and Hiah Density (R-4) Residential and all other land uses:; thirty percent (30%) allowable removal prior to mitiqation requirements.- � 2. Two-Phase #�i-�e�development.- Golden Valley City Code Page 7 of I1 § 4.32 a. Initial Site Development: 20% of specimen trees and significant trees be removed ' . (1) The entity responsible for initial site development will be solel�responsible far any mitigation required and performance guarantees will be required. , . . o-j: , � b. Sinale L+ot development.- � � � � a-}� Single- ' Family (R-1� and Moderate Density R�esidential R-2 , fifteen �i-e��percent (15�9%) allowable removal prior to mitigation requirements b�-2.� _ ' Medium (R � and High Densitv (R-4) -Residential and all other land uses, thirty percent (30%) allowable removal prior to mitigation requirements- B. Exception. When practical difficulties result from strict compliance with the provisions of this paragraph, the City Mana�er or his/her desiqnee may permit significant tree and;_specimen tree, � ieat� �d removal in excess of allowable limits in the Plan. In the event such exception is granted, a reforestation plan or cash mitigation will be required. The City shall determine which form of mitigation shall be utilized. ( Subdivision 5. Tree Rreplacement�re�re� A. Size of replacement trees: Category A trees shall be no less than the following sizes: Deciduous trees, not less than four (4) inches in diameter. Coniferous trees, not less than twelve (12) feet in height. Category B trees shall be no less than the following sizes: Deciduous trees, not less than two and a half (2�/z) inches in diameter. Coniferous trees, not less than six (6) feet in height. Category C trees shall be no less than the following sizes: Golden Valley City Code Page 8 of 11 § 4.32 Deciduous trees, not less than one and one half (1�/z) inches in diameter. Coniferous trees, not less than four (4) feet in height. B. Significant and specimen tree replacement. Number of Replacement Trees Category A or Category B or Category C I Significant Tree(s) E'��a�ed ---$�-Removed Coniferous, 12 to 24 feet high 1 2 4 Coniferous, 24 feet or higher 2 4 8 Hardwood deciduous, 6 to 20 inches diameter 1 2 4 Hardwood deciduous, 21 to 30 inches diameter 2 4 8 Softwood deciduous, 12 to 24 inches diameter 1 2 4 Softwood deciduous, greater than 24 inches diameter 2 4 8 � Specimen Tree(s) Removed 3 6 12 �— . �e , � C3.C,________Species requirement. Where ten (10) or more replacement trees are required, not more than fifty percent (50%) of the replacement trees shall be I of the same species of tree without the approval of the des+gt�eeCity Manager or his/her designee. �.D. Warranty requirement. Any replacement tree which is not alive or healthy, as determined by the City, or which subsequently dies due to � construction activity within one t-aro�e-(1�) growing seasons after the date of project closure shall be removed by the applicant and replaced with a new healthy tree meeting the same minimum size requirements within eight (8) months of removal. � F:E__� Tree Mitigation � 1. In any development that the treef�ree�+ar�� allowable removal limits are exceeded, the applicant shall mitigate the tree loss by either reforestation (tree replacement) of appropriate areas within the development area, in Golden Valley City Code Page 9 of 11 § 4.32 accordance with the tree replacement schedule, or payment to the City of the sum per diameter inch calculated from the total amount of diameter inches of the required replacement trees in accordance with the tree replacement schedule. The fee per diameter inch shall be set forth in the City fee schedule, and the payment thereon shall be deposited into an account designated specifically for tree mitigation. 2. The form of mitigation to be provided by the applicant shall be � determined by the City Manager ar his/her desi�gnee. 3. The planting of trees for mitigation shall be in addition to any other landscape requirements or minimum standards of the City. 4�Significant tree replacements will be calculated by replacing the largest diameter tree first, proceeding to the smallest diameter significant tree. 5. The lacation of required tree replacement shall be prioritized in the following order: a. On the property in which trees were previously removed b. Within the development proposal c. Off-site within the City of Golden Valley as determined by the City Manager or his/her designee Source: Ordinance No. 199, 2"d Series Effective Date: 5-13-99 Subdivision 6. Minimum Landscape Requirements A. Eligibility. The following requirements are a�plicable to all properties within �he followinq Zonin�Districts: 1. Single-Family (R-1� and Moderate (R-2} Density Residential. a. New construction of principle structure b. One-hundred �ercent (100%) increase in buildin�footprint af principle structure 2. All other Zoning Districts. a. New Construction of principle structure b. Ten percent (10%) increase in impervious surface B. Minimum Requirements. 1. Single-Familx (R-1) and Moderate (R-2) Density Residential. a. Three �3) trees, one (1) of which must be located in the front yard b. Five (5) shrubs/perennials 2. Tndustrial and Light Industrial. a. One (1) tree per fiftv (50) linear feet of street frontage b. One (1) tree �er �fty�50) linear feet of perimeter abutting residential propert� c. One (1) tree per fifty (50) linear feet of perimeter abutting reqional trail d. One (1) shrub/perennial per five (5) linear feet of street frontaqe Golden Valley City Code Page 10 of 11 � 4.32 e. One (1) shrub/perenniai per five (5} linear feet of perimeter abutting residential property f. One (1) shrub/perennial per five (5) linear feet of perimeter abuttin�regional trail 3. All other Zonina Districts. a. One (1) tree_per fifty (50� linear feet of perimeter b. One (1) shrub/perennial per five (5) linear feet of perimeter C. Calculation. 1 Existing and a�proved trees to be maintained and viable on the lot throuahout the building_process and for one (1) growing season shall apply toward the required number of trees. 2 Calculations to determine the minimum reauirements are rounded up to the nearest whole number. 3. The City Manager or his/her desiqnee reserve the right to modify landscaping requirements based on the form and nature of the buildina and lot and the surrounding lots. Golden Valley City Code Page 11 of 11 § 4.32 Section 4.32: Tree and Landscape Requirements Subdivision 1. Findings and Purpose Statement The City Council finds it is in the best interest of the City to protect, preserve, and enhance the natural environment of the community and to encourage a resourceful and prudent approach to the development, redevelopment and alteration of trees or wooded areas. In the interest of achieving these objectives, the City has established the comprehensive tree preservation regulations herein to promote the furtherance of the following: A. Protection and preservation of the environment and natural beauty of the City; B. Assurance of orderly development and redevelopment within trees or wooded areas to minimize tree and habitat loss; C. Prevention or reduction of soil erosion and sedimentation and storm water runoff; D. Evaluation of the impacts to trees and wooded areas resulting from development; E. Establishment of minimal standards for tree preservation and the mitigation of environmental impacts resulting from tree removal; F. Provision of incentives for creative land use and environmentally compatible site design which preserves trees and minimizes tree removal and clearcutting during development; and G. Enforcement of tree preservation standards to promote and protect the public health, safety and welfare of the community. Subdivision 2. Definitions For the purposes of this section, the following terms shall be defined as stated: A. Applicant: Any person or entity that is required to submit and implement an approved tree preservation plan under this Section. B. Construction Area: Any area in which movement of earth, alteration in topography, soil compaction, disruption of vegetation, change in soil chemistry, or any other change in the existing character of the land occurs as a result of the site preparation, grading, building construction or any other construction activity. Golden Valley City Code Page 1 of 10 § 4.32 C. Critical Root Zone (CRZ): An imaginary circle surrounding the tree trunk with a radius distance of one (1) foot per one (1) inch of tree diameter, e.g., a twenty (20) inch diameter tree has a CRZ with a radius of twenty (20) feet. D. Developer: Any person or entity other than a builder who undertakes to improve a parcel of land, by platting, grading, installing utilities, or constructing or improving any building thereon. E. Development or Redevelopment: Individual lot single family or two-family residential development, single-phase development and two-phase development, as those terms are defined herein. F. Diameter Inch: The diameter, in inches, of a tree measured at diameter breast height (four and a half (4.5) feet from the uphill side of the existing ground level). G. Drip Line: The farthest distance away from the trunk that rain or dew will fall directly to the ground from the leaves or branches of the tree. H. Initial Site Development: The process generally includes initial site grading; installation of utilities; construction of streets; construction and grading of drainage ways; filling of any areas; grading of the pad area; utility hookups; construction of buildings, parking lots, driveways storage areas, recreation areas, private streets, and any other activity within the Construction Area prior to construction. I. Single Lot Development: The process generally includes grading of specific pad areas; utility hookups; construction of buildings, parking lots, driveways, storage areas, recreation areas, streets, and any other activity within the specific construction zone. J. Tree: Any of the following type of trees, as each is defined herein: 1. Hardwood Deciduous Tree: Includes, but is not limited to ironwood, catalpa, oak, maple (hard), walnut, hickory, birch, black cherry, hackberry, locust and basswood. 2. Significant Tree: A healthy tree measuring a minimum of six (6) inches in diameter for Hardwood Deciduous Trees, as defined herein, or a minimum of twelve (12) inches in diameter for Softwood Deciduous Trees, as defined herein, or a minimum of four (4) inches in diameter for coniferous/evergreen trees. All other trees that do not meet this definition are not considered significant. 3. Softwood Deciduous Tree: Includes, but is not limited to cottonwood, poplars/aspen, box elder, ash, willow, silver maple and elm. Golden Valley City Code Page 2 of 10 § 4.32 4. Specimen Tree: A healthy Hardwood Deciduous Tree measuring thirty (30) inches or greater in diameter and/or a coniferous tree measuring twenty-four (24) inches or greater in diameter. Subdivision 3. Permitting Process A. Tree Preservation Permit Eligibility. A tree preservation plan shall be submitted to and approved by the City and implemented in connection with any of the following: 1. New Development or Redevelopment in any zoning district; 2. Expansion of the footprint of any existing building by ten percent (10%) or greater square feet, where an approved tree preservation plan is not on file with the City. Within Single Family Residential (R-1) and Moderate Density Residential (R-2) Zoning Districts, the provisions of this Section shall not apply to trees removed as a result of additions to existing structures or construction of new accessory structures. B. Application Submission Requirements. 1. The tree preservation plan required hereunder shall be submitted or incorporated with a stormwater management plan. All tree preservation plans must be certified by a certified tree inspector or landscape architect retained by the Applicant. 2. The tree preservation plan shall be submitted to the City at least five (5) working days prior to the issuance of the Stormwater Permit to ensure compliance with the approved tree preservation plan. 3. Building permit Applicants for new single family or two-family homes, which are not part of a larger Development, shall prepare an individual lot tree preservation plan when Significant Trees or Specimen Trees exist on site as determined by the City Manager or his/her designee. Individual lot tree preservation plans for single family or two-family residential buildings are not required to be prepared by a certified tree inspector or landscape architect. C. Plan requirements. The tree preservation plan, a narrative and map or series of maps, shall include the following information: 1. The name(s), telephone number(s), and address(es) of Applicants, property owners, Developers and/or builders; 2. A Certificate of Survey, prepared in accordance with City specifications; 3. Delineation of all areas to be graded and limits of land disturbance; Golden Valley City Code Page 3 of 10 § 4.32 4. Size, species, and location of all existing Significant Trees and Specimen Trees located within the project limits. These Significant Trees and Specimen Trees should be identified in both graphic and tabular form; S. Identification of all Significant Trees and Specimen Trees proposed to be removed within the Construction Area. These Significant Trees and Specimen Trees should be identified in both graphic and tabular form; 6. Measures to protect Significant Trees and Specimen Trees; 7. Size, species, and location of all replacement trees proposed to be planted on the property in accordance with the tree replacement schedule; and 8. Signature of the person(s) preparing the plan. Subdivision 4. Tree Protection A. Required protective measures. The tree preservation plan shall identify and require the following measures to be utilized during construction to protect significant trees and specimen trees: 1. Installation of snow fencing or polyethylene laminate safety netting placed at the Drip Line or at the Critical Root Zone (CRZ), whichever is greater, of Significant Trees and Specimen Trees to be preserved. No grade change, construction activity, or storage of materials shall occur within this fenced area. 2. Identification of any oak trees requiring pruning between April 15 and July 1. Any oak trees so pruned shall be required to have any cut areas sealed with an appropriate nontoxic tree wound sealant at the moment of trimming. 3. Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials, such as fuels or paints. B. Additional protective measures. The following tree protection measures are suggested to protect Significant Trees and Specimen Trees that are intended to be preserved according to the submitted tree preservation plan and may be required by the City: 1. Installation of retaining walls or tree wells to preserve trees. 2. Placement of utilities in common trenches outside of the Drip Line of Significant Trees, or use of tunneled installation. 3. Use of tree root aeration, fertilization, and/or irrigation systems. Golden Valley City Code Page 4 of 10 § 4.32 4. Transplanting of Significant Trees into a protected area for later moving into permanent sites within the construction area. 5. Therapeutic pruning of diseased tree branches or damaged and exposed root systems. 6. Installation of root severing protection barriers along Critical Root Zones. 7. Designation of areas for soil and equipment storage to prevent soil compaction in Critical Root Zones. Subdivision 5. Tree Removal A. Tree removal allowance. Specimen Tree and Significant Tree removal shall be in accordance with the City approved tree preservation plan. Mitigation shall be required if the total number trees removed exceed the following percentages: 1. Single Lot Development a. Single Family (R-1) and Moderate Density (R-2) Residential: fifteen percent (15%) allowable removal prior to mitigation requirements b. Medium (R-3) and High Density (R-4) Residential and all other land uses: thirty percent (30%) allowable removal prior to mitigation requirements 2. Two-Phase Development a. Initial Site Development: twenty percent (20%) of Specimen Trees and Significant Trees be removed 1) The entity responsible for initial site Development will be solely responsible for any mitigation required and performance guarantees will be required. b. Single Lot Development 1) Single Family (R-1) and Moderate Density Residential (R-2), fifteen percent (15%) allowable removal prior to mitigation requirements 2) Medium (R-3) and High Density (R-4) Residential and all other land uses, thirty percent (30%) allowable removal prior to mitigation requirements B. Exception. When practical difficulties result from strict compliance with the provisions of this paragraph, the City Manager or his/her designee may permit Significant Tree and Specimen Tree removal in excess of allowable Golden Valley City Code Page 5 of 10 § 4.32 limits in the Plan. In the event such exception is granted, a reforestation plan or cash mitigation will be required. The City shall determine which form of mitigation shall be utilized. C. Removal of diseased trees required. Prior to any grading, all diseased, hazardous, and nuisance trees on the subject property shall be identified by the City in accordance with the tree disease control and prevention regulations of the City Code. Any and all diseased or hazardous trees as identified in other Sections of this Code shall be removed from the property at the expense of the property owner, at the time of grading, if so directed. D. Removal or destruction of protected trees. Any Significant or Specimen Tree that was removed or otherwise destroyed within two (2) years before any application for a grading, drainage and erosion control permit or building permit or other zoning or related application for Development must be replaced in the same general location by two (2) trees meeting the requirements of Category A, Subdivision 5(A) herein. The replacement trees will be considered Significant Trees existing at the time of the Development application and may be removed and relocated on the site only if the original Significant Tree would have been allowed to be removed under this Code. Subdivision 6. Tree replacement A. Size of replacement trees: 1. Category A trees shall be no less than the following sizes: Deciduous trees, not less than four (4) inches in diameter. Coniferous trees, not less than twelve (12) feet in height. 2. Category B trees shall be no less than the following sizes: Deciduous trees, not less than two and a half (2�/z) inches in diameter. Coniferous trees, not less than six (6) feet in height. 3. Category C trees shall be no less than the following sizes: Deciduous trees, not less than one and one half (1�/2) inches in diameter. Coniferous trees, not less than four (4) feet in height. B. Significant and specimen tree replacement. Number of Replacement Trees Category A or Category B or Category C Significant Tree�) Removed Coniferous, 12 to 24 feet high 1 2 4 Coniferous, 24 feet or higher 2 4 8 Hardwood deciduous, 6 to 20 inches diameter 1 2 4 Golden Valley City Code Page 6 of 10 § 4.32 Category A or Category B or Category C Hardwood deciduous, 21 to 30 inches diameter 2 4 8 Softwood deciduous, 12 to 24 inches diameter 1 2 4 Softwood deciduous, greater than 24 inches diameter 2 4 8 Specimen Tree(s) Removed 3 6 12 C. Species requirement. Where ten (10) or more replacement trees are required, not more than fifty percent (50%) of the replacement trees shall be of the same species of tree without the approval of the City Manager or his/her designee. D. Warranty requirement. Any replacement tree which is not alive or healthy, as determined by the City, or which subsequently dies due to construction activity within one (1) growing season after the date of project closure shall be removed by the Applicant and replaced with a new healthy tree meeting the same minimum size requirements within eight (8) months of removal. Subdivision 7. Tree Mitigation A. In any Development that the tree allowable removal limits are exceeded, the Applicant shall mitigate the tree loss by either reforestation (tree replacement) of appropriate areas within the Development area, in accordance with the tree replacement schedule, or payment to the City of the sum per Diameter Inch calculated from the total amount of Diameter Inches of the required replacement trees in accordance with the tree replacement schedule. The fee per Diameter Inch shall be set forth in the City fee schedule, and the payment thereon shall be deposited into an account designated specifically for tree mitigation. B. The form of mitigation to be provided by the Applicant shall be determined by the City Manager or his/her designee. C. The planting of trees for mitigation shall be in addition to any other landscape requirements or minimum standards of the City. D. Significant Tree replacements will be calculated by replacing the largest diameter tree first, proceeding to the smallest diameter Significant Tree. E. The location of required tree replacement shall be prioritized in the following order: 1. On the property in which trees were previously removed 2. Within the Development proposal Golden Valley City Code Page 7 of 10 § 4.32 3. Off-site within the City of Golden Valley as determined by the City Manager or his/her designee Subdivision 8. Minimum Landscape Requirements A. Eligibility. The following requirements are applicable to all properties within the following Zoning Districts: 1. Single Family (R-1) and Moderate Density Residential (R-2). a. New construction of principle structure b. One-hundred percent (100%) increase in building footprint of principle structure 2. All other Zoning Districts. a. New Construction of principle structure b. Ten percent (10%) increase in impervious surface B. Minimum Requirements. 1. Single Family (R-1) and Moderate Density Residential (R-2). a. Three (3) trees, one (1) of which must be located in the front yard b. Five (5) shrubs/perennials 2. Industrial and Light Industrial. a. One (1) tree per fifty (50) linear feet of street frontage b. One (1) tree per fifty (50) linear feet of perimeter abutting residential property c. One (1) tree per fifty (50) linear feet of perimeter abutting regional trail d. One (1) shrub/perennial per five (5) linear feet of street frontage e. One (1) shrub/perennial per five (5) linear feet of perimeter abutting residential property f. One (1) shrub/perennial per five (5) linear feet of perimeter abutting regional trail 3. All other Zoning Districts. Golden Valley City Code Page 8 of 10 § 4.32 a. One (1) tree per fifty (50) linear feet of perimeter b. One (1) shrub/perennial per five (5) linear feet of perimeter C. Calculation. 1. Existing and approved trees to be maintained and viable on the lot throughout the building process and for one (1) growing season shall apply toward the required number of trees. 2. Calculations to determine the minimum requirements are rounded up to the nearest whole number. 3. The City Manager or his/her designee reserve the right to modify landscaping requirements based on the form and nature of the building and lot and the surrounding lots. Subdivision 9. Performance guarantee. A. Any Applicant for any building or grading permit within a Development covered by this Section shall provide the required performance guarantee following preliminary approval of the tree preservation plan and prior to any construction and/or grading. The amount of the performance guarantee to be submitted shall be calculated for each tree preservation plan as follows: 1. One hundred percent (100%) of the cost of completing tree replacement mitigation as determined by the City unless the Applicant provides tree mitigation in the form of cash dedication, or; 2. An amount to guarantee preservation of all trees to be preserved in the tree preservation plan which lie within fifteen (15) feet of the Construction Area (measured from the Construction Area to the nearest side of the tree trunk). The amount shall be based on the total Diameter Inches of Significant Trees and Specimen Trees to be preserved within this fifteen (15) foot zone at the rate of twenty-five dollars ($25.00) per Diameter Inch. 3. Performance guarantee shall be in addition to any other landscaping bond required by the City. 4. Following written request by the Applicant for acceptance, the performance guarantee will be released upon verification by the City that the tree preservation plan was followed and that the tree replacement schedule was complied with where necessary, but in no event shall the performance guarantee be released earlier than one (1) growing season after the date of the approval of final inspection. Golden Valley City Code Page 9 of 10 � 4.32 Subdivision 10. Compliance A. The Applicant shall implement the tree preservation plan prior to and during any construction. The tree protection measures shall remain in place until all grading and construction activity is terminated, or until a request is made to and approved by the City Manager or his/her designee. B. No Significant Trees or Specimen Trees shall be removed until a tree preservation plan is approved and such removals shall be in accordance with the approved tree preservation plan. If a Significant Tree(s) or Specimen Tree(s) that was intended to be preserved is removed without specific permission of the City Manager or his/her designee or damaged so that it is in a state of decline within one (1) year from date of project closure, a cash mitigation, calculated per Diameter Inch of the removed tree or per total square foot of Significant Tree and Specimen Tree, in the amount set forth in the City fee schedule, shall be remitted to the City. C. The City shall have the right to inspect the development and/or building site in order to determine compliance with the approved tree preservation plan. The City shall determine whether the tree preservation plan has been complied with. 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Schaper Park Challenge Course Grant Partnership Proposal Prepared By Rick Birno, Director of Parks & Recreation Summary Staff is exploring a partnership with Three Rivers Park District, The Loppet Foundation, and Minnesota/Wisconsin Playground to apply for a Hennepin County Youth Sports Grant for the addition of a Challenge Course at Schaper Park. The new Challenge Courses are an outdoor fitness experience that people of all ages can enjoy. It's an innovative option for families who want to be active together. It's an opportunity for children, adults, and families of every fitness level to take the challenge together to make fitness fun. The proposed Challenge Course leverages the benefits of outdoor exercise in a fun, exciting way that encourages people to come back time and time again. Schaper Park is the preferred location based on its easy access, proximity to the regional bike trail, and the connection to the future Loppet Foundation Adventure and Welcome Center at Wirth Park. A final project budget has not been developed at this point, however a rough estimate for the entire project is approximately $400,000. Golden Valley's commitment to the project would be a fiscal commitment of$50,000, providing the park property for the new amenity and maintaining the Challenge Course annually. The fiscal partnership amount of$50,000 will be available in the 2016 Parks CIP budget from additional Park Dedication Funds if the grant application is successful. The new challenge course amenity would be owned and operated jointly by the City of Golden Ualley and Three Rivers Park District. Three Rivers Park District would be responsible for sharing the expenses for all maintenance, repairs and long term capital replacement. Three Rivers Park District will be officially submitting the grant application and would be the fiscal agent for the proposed project. The City of Golden Valley, The Loppet Foundation, and Minnesota/Wisconsin Playground would be the partners for the grant. Staff is requesting City Council support the partnership with Three Rivers Park District, The Loppet Foundation, and Minnesota/Wisconsin Playground for the grant application with a letter of commitment. 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( ( fy �~�'� � i .,4, # �; tct�rt�� c��(��(<C� ((�c(CiI 9 i� �� t�tc c� f ( � � � � � _�-� �� ,<<< _ �.,<<,<<<<<<<<«�= � � `� << < � ,�,�,< <�<<��<<< � �'S� l � � � � ��.�. t� ``fr� ��C��4`n � . �.`M # ,,``.. a��`(�((,`�`i(�ct, � �.'�rj ,• � , +�5� ��' s�`,,, (t �i <��c`�( �(�(co ` ; �1�� a .u� ��C ( �� z� Y x' ' ' : �t , G. .�`i. . -c�i� �`i� i``i�.: ° � �11 ' y�' � � ��` (``�`�c�it�� ;� � W .t ' ��. :`.• `` o � �� ° � � � s y e, � � � W y � � : n � _� � 4 � C1�� 0�� ''� �� ,�,,, �,'� Administrative Services Department 763 593 8013/763 593-3969(fax) e�_..�� --° �` �� d�� ° . �� _. Executive Summary Golden Valley Council/Manager Meeting October 13, 2015 Agenda Item 8. 2016-2020 Capital Improvement Program Prepared By Sue Virnig, Finance Director Summary Staff will be present at the October 13 Council/Manager meeting to answer questions on the 2016-2020 Capital Improvement Program (CIP). The Planning Commission will review the document at their October 26 meeting. The second review of the document will be at the November 10 Council/Manager meeting. This document will be presented at the December 1 Council Meeting for final approval. Golf Course, Storm Sewer and Water and Sewer sections were reviewed with their budget In September. Attachments • Bring your 2016-2020 Capital Improvement Program (previously delivered) C1��14� �°� � �►lt��n � �I� � RANLL� U � �T,a, �,,'� Administrative Services Department 763-593-8013/763-593-3969(fax) �° ��,�� _ . . _. � Executive Summary Golden Valley Council/Manager Meeting October 13, 2015 Agenda Item 9. 2016-2017 Proposed General Fund Budget, Other Fund Budgets and 2015 Tax Levy Prepared By Sue Virnig, Finance Director Summary We have two meetings left to review the 2016-2017 General Fund Budget and 2016-2017 Other Funds Budget. The last meeting will be November 10. Please bring these documents to the Council/Manager meeting on October 13. Attachments • 2016-2017 Proposed General Fund Budget (previously distributed) • 2016-2017 Proposed Budget - Other Funds (previously distributed)