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11-17-20 City Council Agenda 7800 Golden Valley Road 1 Golden Valley,MN 55427 CltJ of 763-593-8012 1 TTY 763-593-3968 1 763-593-8109(fax)I www.goldenvalleymn.gov goldenn '- e va City Council y November 17,2020—6:30 pm REGULAR MEETING AGENDA This meeting will be held via Webex in accordance with the local emergency declaration made by the City under Minn. Stat. § 12.37. The public may monitor this meeting by watching on Comcast cable channel 16, by streaming on CCXmedia.org, or by calling 1-415-655-0001 and entering the meeting code 133 440 7438. The public may participate in this meeting during public comment sections, including the public forum beginning at 6:20 pm, by calling 763-593-8060. Additional information about monitoring electronic meetings is available on the City website. For technical assistance, please contact the City at 763-593-8007 or webexsupport@goldenvalleymn.gov. If you incur costs to call into the meeting, you may submit the costs to the City for reimbursement consideration. 1. Call to Order A. Pledge of Allegiance Pages B. Roll Call 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 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: 1. City Council Meeting— November 4, 2020 3-6 B. Approval of City Check Register 7 C. Boards and Commissions: 1. Minutes of Environmental Commission—September 30, 2020 8-13 2. Accept Resignation from the Human Rights Commission 14 D. Approval of Bids, Quotes and Contracts: 1. Approve Contract for State Fuel Consortium Program 15-25 E. Adoption of Temporary Paid Leave Policy 26-33 4. Public Hearing A. Approval of Conditional Use Permit 73, Amendment#1—6620 Wayzata Boulevard, 34-49 Ordinance No. 696 B. Combined Public Hearing: This document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (TTY: 763-593-3968)to make a request. Examples of alternate formats may include large print, electronic, Braille,audiocassette, etc. City of Golden Valley City Council Regular Meeting November 17, 2020—6:30 pm 1. Approval of Future Land Use Map Amendment for 8810 10th Ave N, 915 Boone 50-63 Ave N, and 1021 Boone Ave N, Resolution No. 20-69 2. Approval of Zoning Map Amendment for 8810 10th Ave N, 915 Boone Ave N, 64-72 and 1021 Boone Ave N, Ordinance No. 697 5. Old Business 6. New Business All Ordinances listed under this heading are eligible for public input. A. Second Consideration of Ordinance No. 694 Amending City Code, Section 16, Article III, 73-86 Rental Housing Licensing B. Second Consideration of Ordinance No. 695 Amending City Code, Section 18-2 Disorderly 87-89 Conduct C. First Consideration of Ordinance No. 698 Establishing A 2021 Master Fee Schedule 90-118 D. Review of Council Calendar 119 E. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment 7800 Golden Valley Road I Golden Valley,MN 55427 city of 763-593-8012 1 TTY 763-593-3968 1 763-593-8109(fax)I www.goldenvalleymn.gov olden va g ,,,,,V-,k City Council November 4, 2020—6:30 pm REGULAR MEETING MINUTES In light of the recently declared COVID-19 health pandemic, the Mayor of the City of Golden Valley declared a local emergency under Minnesota Statute, section 12.37. In accordance with that declaration, beginning on March 16, 2020, all meetings of the City Council held during the emergency were conducted by telephone or other electronic means. The City used WebEx to conduct this meeting electronically. Members of the public were able to monitor the meetings by watching it on Comcast cable channel 16, by streaming it on CCXmedia.org, and by dialing in to the public call-in line. The public was able to participate in this meeting during public comment sections, including the public forum, by dialing in to the public call-in line. 1. Call to Order Mayor Harris called the meeting to order at 6:30 pm. 1A. Pledge of Allegiance 1B. Roll Call Present: Mayor Shep Harris, Council Members Larry Fonnest, Maurice Harris, Gillian Rosenquist and Kimberly Sanberg Staff present: City Manager Cruikshank, City Attorney Cisneros, Finance Director Sue Virnig, City Engineer Jeff Oliver, City Assistant Engineer R.J. Kakach, Physical Development Director Marc Nevinski. City Clerk Schyma gave an update on the November 3, 2020 General Election. She stated that this election was unprecedented due to the fact that the City of Golden Valley only had 3,761 voters coming to the polls on Election Day and that is because approximately 12,000 voted early either by absentee through the mail or absentee-in-person. She further added that approximately one half of the 12,000 absentee ballot voters came through City Hall. She stated the election judges did an incredible job and staff received many compliments from voters due to the quick and easy process. Election Day was a success and it appears that the final turnout numbers could reach 93 percent. 2. Additions and Corrections to Agenda MOTION made by Council Member Fonnest, seconded by Council Member Rosenquist to approve the agenda of November 4, 2020, as submitted. Upon a vote being taken, the following voted in favor of: Kimberly Sanberg, Larry Fonnest, Gillian Rosenquist, Maurice Harris, and Shep Harris the following voted against: none and the motion carried. 3. Approval of Consent Agenda MOTION made by Council Member Sanberg, seconded by Council Member Harris to approve the consent agenda of November 4, 2020, as revised: removal of 3C1—Appointment of Police Commission City of Golden Valley City Council Regular Meeting Minutes November 4, 2020 -6:30 pm Task Force Members. Upon a vote being taken, the following voted in favor of: Shep Harris, Maurice Harris, Gillian Rosenquist, Larry Fonnest, and Kimberly Sanberg, the following voted against: none and the motion carried. 3A. Approval of Minutes: 3A1. Council Manager Meting—October 13, 2020 3A2. City Council Meeting October 20, 2020 3B. Approve City Check Register and authorize the payments of the bills as submitted. 3C. Boards and Commissions: 3Q. Appointment of Police Commission Task FOFee Mem 3D. Approval of Bids, Quotes and Contracts 3D1. Approve Fourth Amendment to Custodial Services Agreement for City Hall Campus with Jani-King of Minnesota ad Second Amendment to Custodial Services Agreement for Brookview with Stratus Building Solutions. 3E. Grants and Donations 3E1. Approve the Three Rivers Hennepin County Park Program Funding Agreement and Accept Donation of up to $13,000 3E2. Approve Resolution #20-66 Approving Coronavirus Aid, Relief, and Economic Security (CARES) Aid Funding CARES from Hennepin County 3E3. Approve Accepting Donations and Grants-Minnesota Government Finance Officers Association Resolution #20-67 3E4. Approve CARE Aid Funding Resolution #20-68 3F. Authorize Limited Use Permit with the Minnesota Department of Transportation for Permitting Land Usage on Trunk Highway 55 for Maintaining and Operating a Non-Motorized Trail Resolution #20-65 3. Items Removed From the Consent Agenda: 3C1. Appointment of Police Commission Task Force Members Council Member Rosenquist expressed appreciation to the number of residents who volunteered for the Task Force. She further welcomed Andrew Wold, Gloria Kumagai, Thomas Huling, Nancy Azzam, Daniel Feldman, and Randy Mahlen to the Police Commission Task Force. MOTION made by Council Member Rosenquist, seconded by Council Member Fonnest to appoint the members of the Police Commission Task Force. Upon a vote being taken, the following voted in favor of: Gillian Rosenquist, Larry Fonnest, Maurice Harris, Kimberly Sanberg, and Shep Harris, the following voted against: none and the motion carried. 6. New Business 6A. First Consideration—Amendment to City Code Relating to the Crime Free and Disorderly Conduct Of Chapter 16, Article III, Rental Housing Licensing. Deputy Fire Chief Ted Massicotte presented the staff report stating at the October 13, 2020 Council/Manager meeting, staff presented Council with proposed amendments to Chapter 16, Article III of the City Code to amend and remove sections relating to crime and disorderly conduct at rental properties. These types of ordinances are known as crime free housing ordinances and they are City of Golden Valley City Council Regular Meeting Minutes November 4, 2020 -6:30 pm concerning to fair housing advocates as they unfairly target renters, discourage tenants from seeking emergency assistance, and disproportionately impact people of color. There is also language that clarifies landlord eligibility for discounted license fees through the STAR program. Mayor Harris questioned if this would apply to affordable housing put forth by other levels of government. Deputy Fire Chief Massicotte, replied that staff is not aware of this type of situation; however, it is feasible. Mayor Harris questioned staff regarding the landlord training. City Attorney Cisneros responded that the HRA is considering employing a Housing Manager that would specialize in this area and the suggested timeline is to have landlord training scheduled in the first quarter of 2021 so the new Housing Manager can provide input. Mayor Harris directed staff to open the Call Center for public input. Ruth Paradise, 8515 Duluth Street. She stated that she is pleased the Council is discussing this item and she believes in the importance of landlord training. She further added that she would like the amendment to state that training is required. Kathy Waldhauser, 3220 Orchard Avenue North. She stated that she welcomes the idea of improving relations between landlords and tenants as well as protecting tenants. She agrees that training should be required for landlords. Mayor Harris directed staff to close the call center. There was Council discussion regarding the proposed amendments to the crime free and disorderly conduct sections of the City Code. Council Member Sanberg questioned why the training requirement is being removed. Deputy Fire Chief Massicotte responded that the training was listed as required; however, the STAR Program has always been listed as optional. This was not intended to be listed as a mandate but rather a voluntary participation in the program. Council Member Rosenquist stated that the Code reads as participation in the STAR program or an equivalent. City Attorney Cisneros responded that the reason for the wording was to build in flexibility for the programs. MOTION made by Council Member Harris seconded by Council Member Rosenquist to adopt First Consideration, Amendment to City Code Relating to the Crime Free and Disorderly Conduct Sections of Chapter 16, Article III, Rental Housing Licensing or Ordinance No. 694. Upon a vote being taken, the following voted in favor of: Maurice Harris, Gillian Rosenquist, Shep Harris, Larry Fonnest, and Kimberly Sanberg. The following voted against: none and the motion carried. 6B. First Consideration of Ordinance No. 695 Amending City Code Section 18-2 Disorderly Conduct. City of Golden Valley City Council Regular Meeting Minutes November 4, 2020 -6:30 pm Police Chief Sturgis stated the City Code contains some ambiguities and overlap with Minnesota State Statute and staff are therefore recommending the language be updated. Mayor Harris directed staff to open the Call Center for public input. Staff indicated there were no callers at this time. Mayor Harris directed staff to close the call center. MOTION made by Council Member Rosenquist seconded by Council Member Sanberg to adopt First Consideration of Ordinance No. 695 Amending City Code Section 18-2 Disorderly Conduct. Upon a vote being taken, the following voted in favor of: Gillian Rosenquist, Kimberly Sanberg, Larry Fonnest, Shep Harris, and Maurice Harris. The following voted against: none and the motion carried. 6C. COVID-19 Pandemic Emergency Administrative Actions. City Attorney Cisneros provided information on the three Emergency Actions on tonight's agenda. MOTION made by Council Member Rosenquist seconded by Council Member Harris to ratify Emergency Administrative Actions 20-68, 20-69, and 20-70. Upon a vote being taken, the following voted in favor of: Gillian Rosenquist, Maurice Harris, Shep Harris, Larry Fonnest, and Kimberly Sanberg. The following voted against: none and the motion carried. 6C. Review of Council Calendar Mayor Harris reviewed upcoming city meetings, events, and holiday closures. 6C. Mayor and Council Communication Mayor Harris also reminded everyone that the City of Golden Valley will be featured on the MPR News Show on November 11, 2020. 7. Adjourn MOTION made by Council Member Rosenquist, seconded by Council Member Sanberg to adjourn the meeting at 8:05 pm. Upon a vote being taken, the following voted in favor of: Gillian Rosenquist, Kimberly Sanberg, Larry Fonnest, Maurice Harris, Shep Harris, the following voted against: none and the motion carried. Shepard M. Harris, Mayor ATTEST: Sue Schwalbe, Deputy City Clerk city EXECUTIVE SUMMARY .golden Administrative Services 763-593-8013 / 763-593-3969 (fax) Golden Valley City Council Meeting November 17, 2020 Agenda Item 3. B. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Financial Or Budget Considerations The check register has a general ledger code as to where the claim is charged. At the end of the register is a total amount paid by fund. Recommended Action Motion to authorize the payment of the bills as submitted. Supporting Documents Document is located on city website at the following location: http://weblink.ci.golden-valley.mn.us/WebLink/Browse.aspx?id=832914&dbid=2&repo=GoldenVaIley The check register for approval: • 10-31-20 Check Register • 11-13-20 Check Register 014*1110, 7800 Golden Valley Road I Golden Valley,MN 55427 City of 763-593-8027 I TTY 763-593-3968'763-593-8198(fax)I www.goldenvalleymn.gov golden, u v e Environmental Commission September 30, 2020—6:30 pm REGULAR MEETING MINUTES This meeting will be held via Cisco Webex in accordance with the local emergency declaration made by the City under Minn. Stat. § 12.37. The public may monitor this meeting by calling 1-415-655- 0001 and entering the meeting code 133 298 1930. For technical assistance, please contact support staff at 763-593-8007 or webexsupport@goldenvalleymn.gov. If you incur costs to call into the meeting, you may submit the costs to the City for reimbursement consideration. Additional information about for monitoring electronic meetings is available on the City website. 1. Call to Order The meeting was called to order by Vice-Chair Yahle at 6:30. 2. Roll Call Commissioners present: Debra Yahle, Tonia Galonska, Dawn Hill, Shannon Hansen, Wendy Weirich, Felix Fettig Commissioners absent: Scott Seys,Jim Stremel Council Members present: Larry Fonnest Staff present: Eric Eckman, Environmental Resources Supervisor; Drew Chirpich, Environmental Specialist; Story Schwantes, Green Corp Member; Carrie Nelson, Administrative Assistant. 3. Approval of Agenda MOTION by Commissioner Hill, seconded by Commissioner Weirich to approve the agenda of September 30, 2020 and the motion carried. 4. Approval of August 24, 2020 Regular Meeting Minutes MOTION by Commissioner Hill, seconded by Commissioner Galonska to approve the minutes of August 24, 2020 as submitted and the motion carried. 5. Old Business A. Environmental Justice Collaboration—Subcommittee Update i. Debra and Scott met with Chris Mitchell from the Human Rights Commission. They didn't come to any conclusions yet. They would like to look at our demographic maps and do something more with those maps. They are very interested in tree canopy coverage in the low density/low income housing areas. Also interested in a speaker. No timeline yet. This document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (TTY: 763-593-3968)to make a request. Examples of alternate formats may include large print, electronic, Braille,audiocassette, etc. City of Golden Valley Environmental Commission Regular Meeting 2 September 30, 2020—6:30 pm B. Partners in Energy Update (PIE) i. Completed two workshops and there are three more to go. Hope to wrap up the plan in early 2021 and present it to council and get approval to move forward with Phase 2 Plan Implementation. 1. Workshop 1 was an intro to the process and to each other. Also started a vision statement. 2. Staff shared the slides with the Commission for review and comment. 3. Commission questions on the slides from Workshop 1: a. Demographic Data — Pg 31—Are we considered a wealthy suburb? i. Golden Valley weathered recession in 2008/2009 really well because of the diversity of employment and industry. Unemployment didn't rise as high. We have a higher median income than the state. The residents living at poverty level is lower than the MN average and Hennepin County Average, but still an important issue. ii. There are still people suffering from energy cost burden. In GV, 16% of citizens are experiencing High or Severe Energy Cost Burden (pre-pandemic). b. The Housing and Redevelopment Authority is taking a hard look at Affordable Housing in the community. The Met Council has directed them to create 111 units between now and 2030. c. Pg 40— Median Housing Value is actually $325,000. i. Housing cost burden is if you're spending more than 30% of your income on your mortgage or rent. 4. Very Important to the Energy Action Team to address and reduce the Energy Burden. Short-term high priority. 5. Workshop 2: a. Talked about focus areas and the strategies and tactics for how to reach the goals for each area. i. Residential Energy Efficiency 1. 61% of GV homes are more than 50 years old, 85% are more than 30 years old. So there is great opportunity to improve efficiency and reduce consumption and cost. 2. Participate in the Home Energy Squad Program? ii. Reducing Energy Burden on Residents iii. Business Energy Efficiency 1. Divided all industrial and commercial premises into 5 equal groups. a. 208 locations in each group. b. Top 208 consume 90% of electricity in the city. All others make up 10%. City of Golden Valley Environmental Commission Regular Meeting September 30, 2020—6:30 pm c. Xcel has account managers that work directly with the top 208 to identify efficiencies, programs, and rebates. More than half are participating in programs with Xcel. iv. Renewable Energy 1. Coal production going down. 2. Natural Gas has become a bigger source. 3. Nuclear is considered a clean energy (carbon free)— but not renewable. 4. Renewable Energy Sources over 70 Years a. Mostly hydro-electric/water power b. Biggest spike since mid-2000's is in Wind and Solar. c. By 2050, Xcel wants to be completely carbon free. v. Electric Vehicles (EV's) 1. Lower emissions and costs. 2. Xcel has a goal to help facilitate and help deliver electricity to charging stations and homes with a goal of serving 1.5 million EV's in their 8-state service area. 3. Number of EV's doubled from 2018 to 2019 from 5,000 to 10,000 in the state. 4. Most drivers do their charging at home. There are 20 non-residential charging stations in GV. (Not all are available to public.) 5. GV has 124 registered EV's a. We have a much higher% of households with EV's than surrounding cities b. Finalized the Vision Statement: i. Golden Valley will be a greener, more sustainable, and resilient community, where the benefits of using and sourcing energy wisely accrue equitably to every resident, business, and visitor. 1. What does "Greener" mean? Eco-Friendly? Tree Canopy and grasses? a. There wasn't a lot of time spent on this piece. Bring this up to the energy action team at next meeting? Could use some definition or remove it entirely. City of Golden Valley Environmental Commission Regular Meeting 4 September 30, 2020—6:30 pm C. Curbside Organics Collection Update i. Staff is working on drafting the RFP and looking more deeply at what the program will look like and what the costs will look like. Also, the language and terms that will be included in a future contract for both Organics and also Recycling. We have reached out to all haulers in a variety of ways and have met with all that responded. 6. New Business A. New Green Corps Member—Story Schwantes B. GreenStep Cities— Best Practices 13.2 Efficient City Fleets i. The City recently purchased a 2020 Hybrid Ford Explorer. 1. It was decided to go with a Hybrid vs an Electric Vehicle because an EV would require more infrastructure than the City has right now, battery efficiency goes down in the winter, and this will be the vehicle for the public safety on-call person and they shouldn't be required to plug it in at their home. ii. This purchase should qualify as Best Practice 13.2 for GreenStep Cities. MOTION by Commissioner Hill, seconded by Commissioner Galonska to approve the Best Practices 13.2 Efficient City Fleets as submitted and the motion carried. C. R-3 Density Bonus Standards i. R-3 Zoning districts typically include medium density housing such as townhomes, apartments, condos, and senior housing. R-3 allows for up to 10 units per acre. The City is currently updating the R-3 districts to align with the land uses in the 2040 Comprehensive Plan. Currently, if certain conditions are met (i.e. underground parking, located along high frequency transit line, recreational amenities), code provides bonuses that allow 1-2 more units per acre. The Planning Commission approve the following topics and would like the Environmental Commission's input on specific standards/measures and how many additional units/acre each topic should be worth. The Density Bonus is up to 3 additional units per acre for Multifamily Buildings and up to 5 additional units per acre for senior and physical disability housing. Some questions and comments raised by the Environmental Commission: 1: Underground Parking - How much would be required or what would be a good ratio? 2: Green Certified Buildings City of Golden Valley Environmental Commission Regular Meeting September 30, 2020—6:30 pm - Are we open to other accredited certification programs besides LEED? What other programs are out there? - Could different levels be worth different rewards? 3: Renewable Energy - Do we require on-site, permanent infrastructure or allow off-site? Maybe on-site is worth more than off-site. What about off-site that is local (in state, county, or city)? How do you know about or enforce off-site purchase of renewable subscriptions? - What should the threshold/percentage be for annual energy usage coming from renewable energy? 4: Microgrids 5: Electrical Vehicle Charging Stations - Encourage quick charge vs slow charge stations - Make available to public, not just tenants? - How many stations required? 6: Stormwater Facilities - How to measure this? - How much do we expect/mandate vs how much do we incentivize? - Could these be underground? 7. Other: a. If GV wants to be a leader in GHG emission reductions, then mandate vs incentivize, and push for higher standards. Staff discussed that there is a balance and a number of different tools to choose from to fit each situation. b. Could we add a topic for increased amount (% or sq ft) of open space/green space? c. Could we add a topic for onsite bike facilities, walkability/connectivity, access to transit? d. Could we add a topic for increased amount of native landscaping? Not quite as permanent and can be easily changed/removed, but visible. Would require inspection and enforcement. 8. Staff will come back in October with a draft policy to review and discuss. D. Program/Project Updates i. DeCola Ponds Flood Mitigation —SEA School Site 1. Add to future agenda to discuss the possibility of the EC being more involved. EC to hear more about project, ask questions, and provide feedback. E. Council Updates i. Deep into the tax season and tax preparation. Look for the Truth and Taxation Statement from the County mid-November. The City Council has worked to devise a budget that they think is fair and equitable. Agreed to 4.51% as the goal for the City of Golden Valley Environmental Commission Regular Meeting September 30, 2020—6:30 pm new year. Highest tax levy they can impose as a council. Given feedback at the upcoming Dec 3rd public hearing, they may choose to dial back even further. F. Other Business 7. Adjournment MOTION by Commissioner Galonska, seconded by Commissioner Hansen to adjourn the meeting at 8:53 pm and the motion carried. ATTEST: Carrie Nelson, Administrative Assistant Scott Seys, Chair UTF... SUMMARY City Administration 763-593-8006 / 763-593-8109 (fax) Golden Valley City Council Meeting November 17, 2020 Agenda Item 3. C. 2. Accept Resignation from the Human Rights Commission Prepared By Tomas Romano, Assistant to the City Manager's Office Summary Commissioner Carrie Yeager has submitted her resignation from the Human Rights Commission. Financial Or Budget Considerations Not applicable Recommended Action Motion to accept the resignation of Carrie Yeager from the Human Rights Commission. EXECUTIVE SUMMARY Public Works 763-593-8030 / 763-593-3988 (fax) Golden Valley City Council Meeting November 17, 2020 Agenda Item 3. D. 1. Approve Contract for State Fuel Consortium Program Prepared By Tim Kieffer, Public Works Director Marshall Beugen, Streets and Vehicle Maintenance Supervisor Summary The City purchases gasoline and diesel from the state contract through the State of Minnesota's cooperative purchasing venture (CPV). The current contract ends January 31, 2021. The State plans to extend the contract. However, the City must submit its estimated quantities before the end of the existing contract to be eligible to participate in the CPV. The City must agree to the contract and requirements when submitting the quantities. Purchasing gasoline and diesel from the CPV ensures a consistent and predictable price that does not fluctuate with oil prices or the market. Financial Or Budget Considerations The City purchased approximately $183,000 in 2019 for fuel, which is paid by each departments' operating budgets. Recommended Action Motion to authorize the Mayor and City Manager to execute contract for State Fuel Consortium Program with the Minnesota Materials Management Division in the form approved by the City Attorney to provide fix and spot pricing for supplying and distributing diesel and gasoline products. Supporting Documents • Fuel Consortium Program Contract (7 pages) • Attachment A (1 page) • Attachment B (2 pages) Contract Release: F-529(5) min Minnesota Office of State Procurement Room 112 Administration Bldg., 50 Sherburne Ave., St. Paul, MN 55155; Phone: 651.296.2600, Fax: 651.297.3996 Persons with a hearing or speech disability may contact us through the Minnesota Relay Service by dialing 711 or 1.800.627.3529. CONTRACT RELEASE: F-529(5) DATE: February 1, 2020 PRODUCT/SERVICE: FUEL PROGRAM: FIXED PRICE AND SPOT PRICE PROGRAM FOR SUPPLYING AND DISTRIBUTING DIESEL AND GASOLINE PRODUCTS TO PROGRAM PARTICIPANTS IN THE METROPOLITAN AREA CONTRACT PERIOD: FEBRUARY 1, 2019, THROUGH JANUARY 31, 2021 EXTENSION OPTIONS: UP TO 36 MONTHS ACQUISITION MANAGEMENT SPECIALIST: JACK MOORE PHONE: 651.201.2427 E-MAIL: iack.moore(castate.mn.us WEB SITE: www.mmd.admin.state.mn.us CONTRACT VENDOR CONTRACT NO. TERMS DELIVERY MANSFIELD OIL 151943 NET 30 ONE DAY ARO 1025 Airport Parkway SW Gainesville, GA 30501 VENDOR NO.: 0000257340-001 SEND ALL OF YOUR ORDERS VIA E-MAIL(PREFERRED) OR FAX—DO NOT RELY ON VERBAL ORDERS. Customers should expect to receive an order confirmation back the same business day. Orders should be sent to: Hours —7:00 AM to 5:00 PM: Customer Service— Fax: 651.739.6410; Phone: 651.739.6416; E-Mail: Mansfield-MSP(ccamansfieldoil.com After Hours: Customer Service— 1-866-245-3140 - E-Mail—govordersamansfieldoil.com ORDER EXPEDITE: Diane Dial 678-450-2206 or 877-591-6379 E-Mail: ddialamansfieldoil.com or govtoi)s(camansfieldoil.com Contract Release 15(11/13) Page 1 of 7 Contract Release: F-529(5) CONTRACT USERS. This Contract is ONLY AVAILABLE to the Program Participants who have guaranteed fuel quantities for the Fixed Price Program. No other State agencies or members of the State's Cooperative Purchasing Venture (CPV) program may use the Contract. AGENCY ORDERING INSTRUCTIONS. Orders are to be placed directly with the Contract Vendor. The person ordering should include his or her name and phone number. Orders may be submitted via fax. SPECIAL TERMS AND CONDITIONS SCOPE. The purpose of the Contract is to provide a source for diesel and gasoline products at a firm fixed price for quantities that have been guaranteed by the Participant and additional fuel products at a spot price at the Participants discretion. PRICES. Prices are firm for the Fixed Fuel Program through the first year. After that period, prices may be adjusted once a year. Price adjustments are not effective until they are approved by the AMS. NOTE: At no time should the ordering entity pay more than the Contract price. Agencies must contact the AMS immediately and fill out a Vendor Performance Report if there is a discrepancy between the price on the invoice and the Contract price. Contract Prices are only available to Program Participants and are not posted with the Contract Release. Contact the AMS listed for further information. Effective January 1, 2014, contingent on Federal legislation, Federal biodiesel tax credits may no longer be available. Any retroactive and future applicable Federal or State tax credits will be refunded and passed on to the purchaser if and when such credits have been approved by legislation. REMINDER: THE CONTRACT VENDOR MAY ONLY DELIVER PRODUCTS THAT MEET THE SPECIFICATIONS OUTLINED IN THE CONTRACT RELEASE. PRODUCT SPECIFICATIONS. Specifications for diesel fuel and gasoline that will be contracted are included in the Contract Release. Any product provided must comply with the specifications and must meet all current State and federal requirements on the date the product is delivered. The Participant will order winter blends by the percentage of biodiesel they want, i.e., B5, B10, B15, B20, and it is the Contract Vendor's responsibility to deliver product that meets the specifications. NOTE: All B5 delivered must meet all product specifications for cold weather use. The State may modify the specifications at any time based on State or federal changes in fuel requirements. At any time during the term of the Contract, if mutually agreed, the State may add additional products that could be offered on the Spot Price Program. DELIVERY REQUIREMENTS. All shipments will be FOB Destination with the delivery costs included into the Contract price. Unless otherwise agreed by the Participant and the Contract Vendor, delivery will be made in 24 hours or less after receipt or order. All deliveries must include a Biii of Lading showing the name of the product and the number of gallons delivered. KEEP FILL REQUESTS. If the Participant desires to have a "keep fill" service, the Contract Vendor must still provide the product at the Contract price and per the terms and conditions of the Contract. The "keep-fill" schedule will be coordinated between the Contract Vendor and the Participant. The Participant must take at least a 500 gallon minimum delivery unless otherwise approved by the Contract Vendor. FUEL ADDITIVES. If a Participant desires to have an additive included to its product such as an injection cleaner, moisture inhibitor, etc., the Contract Vendor will only use products that meet the current ASTM standards. The cost for the additional additives will be borne by the Participant. The additives ordered by the Participant must be blended or mixed at the Contract Vendor's location or at the refinery. SPLASH BLENDING. Splash Blending is not allowed at any fuel delivery site location. All blending, mixing or additives must be done at the Contract Vendor's location or at the refinery. Contract Release 15(11/13) Page 2 of 7 Contract Release: F-529(5) CONTRACT LIABILITY. The Contract Vendor shall be held liable for any damages that may occur due to equipment malfunction or failure as a result of, but not limited to, the following: a. furnishing a contaminated product b. furnishing a grade of fuel other than specified or authorized The Contract Vendor shall bear all actual associated costs of removing any contaminated fuel, or any fuel not meeting specifications from the storage tanks, which includes, but is not limited to, removing and replacing the product, cleaning and/or replacing the tanks, cleaning and/or replacing any equipment or buildings damaged, re-landscaping, environmental or cleanup fees, any Participant associated labor costs, etc. If the Participant's site is deemed unusable due to Contract Vendor product or delivery liability, the Contract Vendor shall provide a "wet" fuel truck to the Participant's site for dispensing product at no charge to the Participant. The wet fuel truck will remain on site until the Participant's site is deemed acceptable to resuming service. REPORTING. The Contract Vendor must have a program in place that will track usage information on a monthly basis that will show the gallons delivered to each Participant's location both on the "fixed" price and the "spot" price programs and the total dollars spent. The report will be provided electronically to the AMS on a monthly basis and to the Participant upon request, at no additional cost. MARKET/INDUSTRY REPORTS. On a weekly basis, the Contract Vendor shall provide a recap of world and market conditions and how the events impact the industry with regards to current and forecasted product availability. This report will be sent to the AMS and the Fuel Core Team. On a monthly basis, the Contract Vendor shall provide a summary report that will compare Contract prices with the monthly summary of fuel prices as published by the Department of Energy (DOE) that will allow the end user to monitor and evaluate its savings/loss statement based on the industry prices vs. the Contract prices. This report will be sent to the AMS and the Core Team. CREDITS. The Contract Vendor must have a program in place that will monitor available fuel credits — both at the State and federal levels —that would be available to participants using the Contract. The Contract Vendor will provide notification of the available credits and submit a detailed report to the AMS that will show the credits that will be issued to the Participants. This must be done at the time the credits are available and may not be held in arrears. Credits must be shown as separate line items on the Participant's invoice— not on the Participant's monthly statement. FIXED PRICE FUEL PROGRAM REQUIREMENTS. The agencies listed on the Fixed Price Schedule are required to take 100% of monthly quantity listed and the Contract Vendor is required to provide 100% of the monthly quantities contracted. If the original Participant is unable to take all of the monthly committed gallons, the Contract Vendor will be responsible for contacting other locations participating in the Fixed Price Contract to determine if they are able to take additional gallons. If the Contract Vendor is able to ship the unused gallons from the original participating Participant to another participating agency, there will be no cost to the original participating agency. If the Contract Vendor is unable to ship the unused gallons from the original participating Participant to another participating agency, they may sell the unused gallons on the open market and either debit or credit the difference in price back to the original participating Participant based on the open market sell price. If the Contract Vendor is unable to provide all of the monthly committed gallons to a participating member by the due date and time, the participating member may purchase the product on the open market and charge the Contract Vendor for any additional costs incurred. CUSTOMER SERVICE. The Contract Vendor will establish a monitoring program to stay in contact with Participants in the Fixed Price Program and advise them of any fuel quantities they are required to take for a specific month. If the Participant desires a "keep fill" program for its location, the Contract Vendor will assist in providing usage information to the Participant so it is aware of what the fuel consumption is when requested. Contract Release 15(11/13) Page 3 of 7 Contract Release: F-529(5) "FIXED" PRICE PROGRAM PRICES. Delivery quantities cannot exceed State and federal transportation regulations. Therefore, the lowest pricing tier will only be applied to the largest portion of the total quantity that is legally allowed to be delivered. The remaining gallons will be priced at the appropriate Contract pricing tier for the delivery size of the balance of the order. For example, 5,000 gallons of gasoline and 5,000 gallons of diesel will be delivered via transport truck with 8,000 gallons and the remaining 2,000 gallons will be delivered via tank wagon. Each delivery will be priced at those respective delivery tiers. Only those participating agencies listed on the Price Schedule may obtain product at the price contracted. If a participating agency needs additional product over and above its monthly commitment, and there is no available product from the monthly commitment, it may purchase product utilizing the Contract Vendor's Spot Price Formula or by purchasing on the open market. If the original purchaser is unable to take all of the monthly committed gallons, the Contract Vendor will be responsible for contacting other locations participating in the Fixed Price Contract to determine if they are able to take additional gallons. If the Contract Vendor is able to ship the unused gallons from the original participating purchaser to another participating agency, there will be no cost to the original participating agency. If the Contract Vendor is unable to ship the unused gallons from the original participating purchaser to another participating agency, they may sell the unused gallons on the open market and either debit or credit the difference in price back to the original participating purchaser. DELIVERY REQUIREMENTS. The Contract Vendor will coordinate the delivery schedule with each individual Participant. As stated in the Special Terms and Conditions, if the purchaser desires to have a "keep fill" service, the Contract Vendor must still provide the product at the Contract price and per the terms and conditions of the Contract. The price charged per gallon for the "keep fill" service will be based on the tank size at the customer location and at the quantity threshold price offered by the Contract Vendor. For example, if the customer tank size is 3,000 gallon, the cost per gallon invoiced will be at the 3,000—3,999 price level on the Price Schedule. The "keep-fill" schedule will be coordinated between the Contract Vendor and the Participant. The purchaser must take at least a 500 gallon minimum delivery unless otherwise approved by the Contract Vendor. INVOICE REQUIREMENTS. Invoices must be submitted per the Invoice Submittal Matrix below, unless otherwise approved by the Customer. Invoices should be sent electronically to the Customer unless directed otherwise by the Customer. Invoice Submittal Matrix: Delivered Invoice Submitted By Calendar Days Monday Thursday 3 Tuesday Friday 3 Wednesday Friday 2 Thursday Monday 4 Friday Tuesday 4 Saturday Tuesday 3 Sunday Wednesday 3 Delivery day is Day Zero (0), next day is Day One (1). An additional one (1) calendar day will be added when a State or Federal Holiday falls within the invoice submitted by timeline. Notwithstanding any other rights under the Contract, invoices received after the allowed timeline stated in the Invoice Submittal Matrix, shall be discounted as follows: One (1) day = 10 cents per gallon on affected invoice Two (2) days = 15 cents per gallon on affected invoice Three (3) or more days = 20 cents per gallon on affected invoice Contract Release 15(11/13) Page 4 of 7 Contract Release: F-529(5) Fixed Price Program. The Contract Vendor shall invoice the Participant with the following information clearly marked: A. Delivery date B. Total gallons delivered C. Fixed Contract price D. Applicable State or federal taxes, city taxes or fees Spot Price Program. The Contract Vendor shall invoice the Participant with the following information clearly marked: A. Delivery date B. Total gallons delivered C. Name of the terminal from where the product was shipped D. Total bid constant per gallon E. Daily Contract Average Price per gallon on the date of delivery date from the Minneapolis (designated) terminal using the State approved fuel index service which is Telvent DTN or its current subscription service provider, etc. F. Total Delivered Cost (Total Bid Constant + Daily Contract Average Price from Minneapolis Terminal x Number of Gallons (Total Delivered Cost) G. Applicable State or federal taxes, city taxes or fees FIXED PRICE FUEL PROGRAM. Invoices for the "fixed" price program must include the following information: A. Delivery date B. Total gallons delivered C. Fixed Contract price D. Applicable State or federal taxes, city taxes or fees The "fixed" price with be the Total Delivered Price to the Participants. If a Participant orders product with multiple delivery locations, the Contract Vendor may impose a drop charge after the initial load is delivered. A price must be included on the Price Schedule. If no charge is entered on the Price Schedule, no drop charge may be imposed. SPOT PRICE FUEL PROGRAM. In order to meet its additional fuel requirements over and above the committed quantities in the Fixed Price Program, Participants in the nine county metropolitan area may utilize a Spot Price Program. Participants will not be required to buy their additional fuel using the Spot Price program but may if they so choose. If the Contract is used, Participants will use the spot prices offered by the Fixed Price Program Contract Vendor. The Spot Price Fuel Program will be available to the Participants in the Fixed Fuel Price Program and will be used on an as needed basis. Contract prices are determined by using the following formula: Total Bid Constant(Bid Constant+ Delivery Cost) + Daily Contract Average Rack Price per Gallon as posted on the Fuel Index (DTN) x Number of Gallons Delivered = Total Delivered Price Bid Constant. The Bid Constant includes all of the Contract Vendor's costs, overhead, all expenses and profit. The Bid Constant is the amount per gallon the vendor submits as a constant price which is the cost, on any given day, the product is delivered to the Participant. IMPORTANT: The Bid Constant is per gallon. The Bid Constant must remain unchanged during the initial term of the Contract. Contract Release 15(11/13) Page 5 of 7 Contract Release: F-529(5) Delivery Cost. The Delivery Cost is the fee, per gallon, to deliver the product to the Participant from the designated terminal. The designated terminal is listed on the Price Schedule. The delivery cost offered must be calculated on shipping from the designated terminal. The Contract Vendor may not adjust the delivery price due to obtaining product from a different terminal. The State reserves the right to change the designated terminal at any time during the Contract term. The Delivery Cost, as offered, must remain the same for the initial term of the Contract. Delivery costs may be reviewed if the Contract is extended. Fuel surcharges will not be allowed during the term of the Contract. Total Bid Constant. The Total Bid Constant is the combined price of the Bid Constant and the Delivery Cost per gallon. Daily Contract Average Price. The daily Contract average price is an average of the prices posted by the companies using a terminal to store and load petroleum products. The method used to obtain the daily average price for diesel products is based on the bulk loading terminal daily contract average price as quoted and posted by DTN Telvent—or the State's current price index service— on the day the product is delivered. If the State of Minnesota contracts with a different information service during the term of the Contract, the State reserves the right to amend the Contract with a new source for providing the rack average price. Please refer to contract release F-493(5) Fuel Rack Prices for more information. The Daily Contract Average is posted by Telvent DTN —or current State of Minnesota Fuel Index Provider—each day by 10:00 a.m., EST, Monday through Friday, is frozen and is not updated until the next business day at 10:00 a.m., EST. Only accept contract vendor quotes that provide itemized contract pricing(lump sum price quotes must be rejected and reworked by the Contract Vendor to show itemized State contract pricing). Prior to accepting an order and/or issuing payment on an invoice, inspect the goods and/or deliverables to ensure they match both the terms and pricing of the contract. Contact the AMS/Buyer detailed herein to report any pricing discrepancies or for assistance in confirming/calculating contract pricing. THE DESIGNATED TERMINAL FOR THE PARTICIPANTS IS MINNEAPOLIS. The Contract Vendor must always charge the published Daily Contract Average Price from the designated terminal as contracted, on the day the product is delivered, regardless from where the product is secured. The Participant will not specify a terminal when product is ordered. All product delivered must meet specifications regardless of where the product is obtained. If Participants purchase a blend of No. 1 and No. 2 low sulfur diesel fuel, the Contract Vendor must show the Contract Average rack price for each product delivered. The Contract Vendor must not average the daily rack price for the two products. The Delivery Cost, as offered, must remain the same for the initial term of the Contract. Delivery costs may be reviewed if the Contract is extended. Fuel surcharges will not be allowed during the term of the Contract. INVOICE REQUIREMENTS. The Contract Vendor shall invoice the purchaser with the following information clearly marked: A. Delivery date B. Total gallons delivered C. Name of the terminal from where the product was shipped D. Total bid constant per gallon Contract Release 15(11/13) Page 6 of 7 Contract Release: F-529(5) E. Daily Contract Average Price per gallon on the date of delivery date from the Minneapolis (designated) terminal using the State approved fuel index service which is Telvent DTN or its current subscription service provider, etc. F. Total Delivered Cost (Total Bid Constant + Daily Contract Average Price from Minneapolis Terminal x Number of Gallons (Total Delivered Cost) G. Applicable State or federal taxes, city taxes or fees PRICE SCHEDULE Mansfield Oil #151943 http://www.mmd.admin.state.mn.us/pdf/F-529(5)MansfieldOil.PdF REVISIONS: 02/01/2020 Contract is extended through January 31, 2021 at the prices shown on the Price Schedule dated 02/01/2020. All other terms and conditions remain unchanged. 04/08/19 Buyer changed from Dustin Burns to Jack Moore. 03/08/19 The Contract is amended, with updated Fixed Price gallons from the City of Minneapolis Fleet Service commitment for the 2019-20 Program, from a total of 652,500 gallons to a new total of 420,000 gallons. All other terms and conditions remain unchanged. Contract Release 15(11/13) Page 7 of 7 Fuel Consortium Program -Overview Attachment A The current Contract with Mansfield Oil is set to expire January 31, 2021. Due to market conditions and the solicitation process, the procurement team is exploring pricing options for a new program that will begin February 1, 2021. In order to achieve this, participants must submit their quantities for the Fixed Price Fuel Program no later than October 30, 2020. Fixed Price Fuel Program—Agencies participating in the Fixed Price Fuel Program are required to take 100% of its monthly quantity committed and the Contract Vendor is required to provide 100% of the monthly quantities contracted. The program will be for 12 months, from February 1, 2021 through January 31, 2022. - If the original purchaser is unable to take all of the monthly committed gallons,the Contract Vendor will be responsible for contacting other location participating the Fixed Price Fuel Contract to determine if they are able to take additional gallons. - If the Contract Vendor is able to ship the unused gallons from the original participating purchaser to another participating agency, there will be no cost to the original participating agency. If the Spot Price is less than the Fixed Price, participants are not required to take more than the monthly amount they committed to. - If the Contract Vendor is unable to ship the unused gallons from the original participating purchaser to another participating agency, they may sell the unused gallons on the open market and either debit or credit the difference in price back to the original participating purchaser based on the open market sell price. - If the Contract Vendor is unable to provide all of the monthly committed gallons to a participating member by the due date and time, the participating member may purchase the product on the open market and charge the Contract Vendor for any actual additional costs incurred. Spot Price Program— In addition to the Fixed Price Program, we will include a Spot Price Program for Participants to handle extra fuel needs over and above the committed quantities in the Fixed Price Program. Only Participants in the Fixed Price Program may use the Spot Prices offered by the Contract Vendor. If the Contract Vendor is unable to provide the order quantity to a State agency or CPV member by the required due date and time,the State agency or CPV member may purchase the product on the open market and charge the Contract Vendor for any actual additional costs incurred. The signature below and/or submission of the Order Form (Attachment B) certify that your Entity agrees to all terms, conditions, and prices of any Contract agreement entered into on its behalf by the State of Minnesota, which includes, by is not limited to,taking 100%of the monthly fuel quantities submitted for the Fixed Price Program on the Fuel Order Form (Attachment B).There is no requirement to take any product(s) using the Spot Price Program. Agency Name: City of Golden Valley Address: 7800 Golden Valley Road, Golden Valley, MN 55427 Contact Person: Marshall Beugen Title: Street and Vehicle Supervisor Phone No.: (763) 593-8085 Fax: (763) 593-3988 Email: mbeugen@goldenvalleymn.gov Authorized Signature: § U) ?) k ƒ� IU �oo L@ £gg § § k �aa § § _ 2 0 k § La 2 k ) § © f \ % m k / ) o / S : / t 2 � \ o} ( ( ) § \ 0 - .- _ _ =-r- 5D ) 2 » e � f72E / 28 { \° � � � dd o - E aek7 ® 2 £ 0 § � � / � / k � � 22/ | / . ate o ]SSSSSSBB88 / Cj § /\} \� E � � � E �� I ° e ] ) § § ) � > >_ � � � � _f o § \// E £ \ k [2222 � e , _ § � 2 E 2 E2 � Em � / Z & § � kq �� SO0uF- ! yE& ° © _ E � e zo § = o -= S f = 70 v e E {® / � CL & & - 2 r v « f� _ ) 3m 7 ° m2 ° LL ° � E � � ° / \ j m 0 CL>E e ) 0 @ § / » fe % G o ) ) LL § _ ® o\ \ }) nIG c ) )-0 -0 \ I - ) | § )§ § ± \ _ : ® ` ( o & 01i§ /2 ) 0 § k\ / }} = A § q /� 8 § ) \ CD {) E) E �m � -0 o / J 0E %2 = § cu_ k / (, /\ /» k q � k 2 -'o E ({ _ � 2» ] 2) 2 § k j \) )) ( 'a ) 2f / 0 / \/ § 0 � � £ : \\ ƒ | ate » 2 � # 1 f /r ) mt | / f § a ) { § � )) ch e » $ on6 i� g 2r } 7 )o _ ) \\ �> _ e Cc = oo Mnf 2 ) ) � \ | § \o \da§ £ { a . ; oa/ / _ - o / § 0 wa � �0 u 2 == £ \/ cLL G F- a) © - tg� : � { G \� � Q � � # o # w [\ \ _ £ £ \ / � o � /t tee£ 2 /k\) L z z \ R � � kk k ƒ2 u Hill . } ) o ; ® E � ) e E � � e � E 2 k ) ) ) ) £¥ 0 ¢ &) G U, >� \ 0 o> > )\ \ $ / t ) k $ 2 � u k � 00 00 OD 0c) \000 K N5� « / § / 2 EXECUTIVE SUMMARY Human Resources 763-593-3989 / 763-593-8109 (fax) Golden Valley City Council Meeting November 17, 2020 Agenda Item 3. E. Adoption of Temporary Paid Leave Policy Prepared By Kirsten Santelices, Human Resources Director Summary In April 2020 the City Council approved several Temporary Employment Policies drafted by City staff in response to the COVID-19 pandemic. To ensure continuity of operations, the City proposed a Temporary PTO and Vacation Policy, which allowed staff members to continue accruing PTO and Vacation beyond their existing maximum accrual through December 31, 2020. As the City continues to operate as safely as possible during the pandemic, many staff members have been denied the use of vacation or PTO. As such, at the November Council/Manager meeting City staff proposed a policy amendment to mitigate some of the PTO and Vacation loss employees may experience. Financial Or Budget Considerations Estimated budget impact is $26,212 to be funded out of the employee benefit's fund. Recommended Action Motion to approve amendment to Temporary Paid Leave Policies. Supporting Documents • COVID-19 Temporary Employment Policies— Revised 11/2020 (7 pages) Temporary Employment Policies in Response to COVID-19 Pandemic The City of Golden Valley values the health and safety of its employees and community members. In response to the COVID-19 pandemic,the City Manager enacts the folI owing temporary employment policies: EmployeeTravel Policy..................................................................................................................... 2 Temporary Employee Recall Policy..................................................................................................... 4 PTO and Vacation Maximum Accrual.................................................................................................. 5 Supervisor Responsibilities................................................................................................................ 7 1 Temporary Employment Policies in Response to COVID-19 Pandemic Employee Travel Policy Effective 3/12/2020—Revised 3/19/2020—Revised 511512020 Employee Travel Generally • Except as provided in the Travel Waiver Policy below,all employee business-related travel is prohibited. Employees should contact their supervisor if they have questions about traveling for business purposes.Employees may travel locally to perform the essential responsibiIitiesof the irjobsprovided they obtain supervisor approvaI and folIowalICity policies, including but not limited to applicable social distancing and facial coverings(mask) policies. • Non-critical internal meetingsshalI be cancelled,or hosted virtually. • Employeeswhoare planningto travel for personal reasons,or have recently returned from a trip,should notify the irsuperviso rim medi ate ly. Employees are encouraged to follow CDC Guidelines and Recommendations. o Employees returningfrom vacation may be asked to self-quarantine fora period of up to 14 days without symptoms. Employees may continue to work remotely if they are able. o If at any time an employee develops symptoms,they should contact theirsupervisor as soon as practicable. Travel Waiver Policy The City of Golden Valley hereby implements the following Temporary Trave I Waiver Approval Process. Temporary Travel Waiver Approval Process • To authorize travel during the COVID-19 pandemic,supervisors must firstconsult with their departmenthead to determine ifthetravel is necessary. • If the travel is necessary,the Department Head must email a completed Temporary Travel Waiver Requestto Kirsten Santelices in Human Resources.The Human Resources Director and City Manager will reviewthe businesscase forthe request,and eitherapprove or deny the request in a timelyfashion. Departments may authorize employee travel afterthe City Manager and Human Resources director have issued a pre-approval. Temporary Travel Waiver Criteria • The request must comply with all requirements of any Minnesota Executive Orders and other applicable laws, rules,and polices in effectat the time of the request. • The request may only be granted when all of the following criteria are met: 2 Temporary Employment Policies in Response to COVID-19 Pandemic o The travel is required to perform the employee's job or is required to obtain or maintain a professional license or certification that is required for the employee to perform theirjob; o There is no alternative that does not require travel; and o The City has the abilityto fund the travel. • If the travel is approved,the employee shall follow all applicable City Policiesforthe duration of the trip. This action modifies in part Emergency Executive Action 20-08. This action shall remain in effect indefinitely unless modified by subsequent City Manager or Council action. 3 Temporary Employment Policies in Response to COVID-19 Pandemic Temporary Employee Recall Policy Effective 4/21/2020 As the City resumes normal business operations,the City may, recall employees who have been temporarily I aid off. Departments wishing torecalI I aid off employees shalIfolIow the require ments of the Hiring Suspension Waiver Approval Process, as mod ifiedfromtimeto time.See Emergency Administrative Action 20-31. The City shall determine which employees to recall according to the following factors: • The needs of the City, including the needs tofu If i I I project requirements,deadlines,etc; • The employee's transferable skills(if the role has changed); • How the employee performed in the irold role;and • How long the employee has worked at the organization(tenure). An official notice of recall shall be sent to each recalled employee bye maiI.The employee must respond to the recall notice within three days following receipt of the notice or its attempted delivery,or it will be assumed that the employee is refusing the recall. If an employee has been laid off for a period of three months or more, thee mployee maybe required to complete pre-employment conditions priorto returningto work. 4 Temporary Employment Policies in Response to COVID-19 Pandemic PTO and Vacation Maximum Accrual Effective 4/8/2020—Updated 10/28/2020 Under the City's existing leave policies employees accrue vacation hours or paid time-off(PTO) hours each pay period.The hours are accrued according to an accrual schedule,which is based on an employee's years of service. Each accrual schedule hasa maximum numberof accrual hours. The City'scurrent vacation and PTO accrual schedulescan be found here. Under existing policies, an employee no longer accrues vacation or PTO hours once they have reached the maximum numberof accrual hours within their schedule. Temporary Policy and Conditions Under this temporary policy,employees are eligible to accrue vacation and PTO or vacation hours beyond their existing maximum accrual, provided all of the following conditions are met: • The employee is full-time regular or part-time regular benefit earning employee; • The employee is within 40 hours of, or has already exceeded,the irexistingmaximum accrual balance at any time between April 8, 2020 and December 31, 2020; • the employee has submitted a vacation or paid time-off request between Apri18,2020 and December 31, 2020, and • the employee's Department Head or the City Manager denied the employee's vacation or paid-time off request to preserve continuity of City operations. If an employee reaches the maxim umvacation or PTO accrual within the irscheduIe, but has not been denied the opportunity to use such leave,the employee shall stop accruing leave hours pursuant to the existing vacation and PTO policies. Process When an employee meets the conditions listed above the employee should email the irdepartment head and human resources with a request to extend their vacation or PTO maximum accrual. The request shall be reviewed and approved or denied by the City Manager. Upon approval,employees shall continue to accrue vacation or PTO hours above their existing maximum accrual until December 31, 2020. All vacation hours and PTO hours accrued beyond the existing maximum accrual must be used by December3l, 2020. Employees shall follow normal vacation or PTO request policies and procedures. Except as described in the policy below,vacation or PTO hours accrued beyond the existing maximum accrual shall not carry over to the folI owing calendar year.The City shall buyback up to 47.84 hours of PTO or Vacation hours. All other hours that are not used by December3l, 2020 shall be forfeited.The forfeited accrued but unused hours shall not be paid out to employees inthe form of cash or any other type of compensation. Employees shal I receive the PTO/Vacation buy back on their December 18, 2020 paycheck. 5 Temporary Employment Policies in Response to COVID-19 Pandemic Temporary Policy Extension Begin ningNovember18, 2020, the following policy shall apply only in cases where to ensure continuity of operations the City has continued to deny an employee their use of vacation or PTO: 1. The City shall buyback up to 47.84 hours of PTO or Vacation from employees who, by December6, 2020 are over their maximum accrual, to be paidon December18, 2020. 2. Only employees under this temporary policy extension shall continue accruing PTO or Vacation hours beyond their existing maximum accrual until August 29, 2021. • Employees will be required to use all of their PTO or Vacation hours beyond their maximum by August 29, 2021, or they will forfeitthe time. o Any vacation or PTO hours accrued overthe maximum accrual will notbe paid out to the employee. 6 Temporary Employment Policies in Response to COVID-19 Pandemic Supervisor Responsibilities Supervisors are responsible forthe following responsibilities: • Ongoing and reguIarcommunicationwith employees(both working and non-working) including messages from the Emergency Manage ment Team and Department Head. • Fill out and approve timecards. Supervisors:please ensure you have the primary phone numberand email for each of your employees,your direct supervisor,and your Department Head. Additionally,you should have the contact information for the following individuals: • Tim Cruikshank,City Manager— (763-593-8003) • Kirsten Santelices, Human Resources Director (all employee-related questions)—(763- 593-3989) • Ted Massicotte, Deputy Fire Chief(Interim Emergency Management Director) — (763- 593-8080) • Internal Only Public Safety Line— (763-593-8056) • Wanita Williams,Accountant (payroll questions)—(763-593-8011) • Sue Virnig, Finance Director(back-up payroll questions;expenses)—(763-593-8010) • Cheryl Weiler,Communications Director (Crisis Communications Director) — (763-593-8004) 7 EXECUTIVE SUMMARY Physical Development 763-593-8030 / 763-593-8109 (fax) Golden Valley City Council Meeting November 17, 2020 Agenda Item 4. A. Public Hearing—Approval of Conditional Use Permit 73, Amendment#1— 6620 Wayzata Boulevard Prepared By Myles Campbell, Planner Summary Border Foods, the operator of the Taco Bell at 6620 Wayzata, is requesting an amendment to an existing Conditional Use Permit in order to allow for the addition of a 240 sq.ft. cold-storage area to the principal structure. This storage area would supplement the existing kitchen facilities and help to update the building's operations. Sec. 113-30, Subd. (k) of the City Code requires that changes to a CUP "affecting uses, parking and loading, or components other than minor changes shall require amendment to the conditional use permit by the City." Planning Commission heard this petition at its October 261" meeting, and voted unanimously to recommend approval of this amendment to the City Council. In conjunction with this CUP Amendment, Border Foods also applied for, and received a variance from the City's Board of Zoning Appeals at their meeting on October 271". This is a variance from the minimum parking requirements for the site, as the proposed addition and realignment of the parking lot would result in 5 spaces less than required by code. Staff recommended to both the Planning Commission and the Board of Zoning Appeals that these approvals/recommendations be contingent on each other. Full discussion of the existing site conditions and more detailed analysis of zoning requirements can be found in the memo to the Planning Commission attached with this Executive Summary. This summary will focus on the site's parking, and on the standards of evaluation for the conditional use permit amendment. Zoning Analysis Border Foods would like to add a 240 sq. ft. walk-in storage area to the north side of the principal structure which would be used for cold storage. This addition would impact parking in two ways: 1. The additional 240 sq. ft. would be counted towards the gross floor area of the building, increasing the number of required parking spaces for the property. City Council Regular Meeting Executive Summary 2 City of Golden Valley October 7, 2020 2. Currently the proposed area for the addition has the restaurant's trash enclosure on it. This enclosure would be moved east into the parking lot in order to fit the addition, reducing that number of actual parking spaces provided. Parking In Sec. 113-151, Off-Street Parking and Loading, Subd. (c) City Code lays out the minimum required off- street parking for a property based on its use. For a Resturant—Class II, this minimum parking requirement would be 1 space per 40 sq. ft. of gross floor area. This requirement is based on the gross floor area, and so it not only includes the customer-facing portions of a restaurant but also any kitchen and storage areas used by staff. The table below shows how this minimum parking requirement is calculated based on both the existing building layout, and with the added freezer. Gross Floor Are Parking Required Parking Provided Existing Layout 2921 sq. ft. 73 spaces 71 (+6 proof of parking) Proposed Layout 3161 sq. ft. 79 spacE 68 (+6 proof of parking) As seen in the table, a provision of the original CUP approval in 1998 was the inclusion of six proof of parking spaces to the north of the drive-through. With this amendment, staff considered whether or not to require the proof of parking to be paved, or if it should remain as it is currently, green space. Engineering staff noted that even during peak hours of operation, there does not currently appear to be a shortage of parking on the site, with much of the traffic being routed through the drive-through instead. Additionally, they noted that from a stormwater management perspective, paving those spaces would add to an already substantial amount of impervious surface on the lot, and may create issues depending on the capacity of the existing stormwater infrastructure that is in place. As a result of this review by our engineering department, planning staff is not recommending these six proof of parking spaces be paved. Staff suggests this condition remain in place in the case that future demand increases. CUP Evaluation The findings and recommendations for a Conditional Use Permit are based upon any or all of the following factors (which need not be weighed equally). Any conditions imposed by the permit should respond to and attempt to mitigate impacts generated by the proposed use. Factor Finding 1. Demonstrated Need for Proposed Use Standard met. The additional cold storage space is a reasonable and effective update to an older restaurant space, and it is being designed to match with exterior of the building and reduce visual impacts. 2. Consistency with the Comprehensive Plan Standard met. The proposed use is consistent with the intent and purpose of the "retail/service" land use designation of the comprehensive plan. City Council Regular Meeting Executive Summary 3 City of Golden Valley October 7, 2020 3. Effect upon Property Values Standard met. The proposed use is not anticipated to affect property values in a substantial way. 4. Effect on Traffic Flow and Congestion Standard met. While some parking will be lost, the relocated trash enclosure should not impact the circulation of vehicles on the site. As mentioned staff has not received complaints about parking during the peak hours, as many customers tend to use the drive-through option. Additionally, the applicant notes that the added cold storage will allow it to reduce the overall frequency of deliveries to the site, potentially reducing periods of impacted circulation. 5. Effect of Increases in Population and Standard met. The proposed improvements Density would not impact employee numbers at this location. 6. Compliance with the City's Mixed-Income Not applicable. Housing Policy 7. Increase in Noise Levels Standard met. The proposed use is not anticipated to generate excessive noise. 8. Generation of Odors, Dust, Smoke, Gas, or Standard met. The proposed use is not Vibration anticipated to generate excessive odors, dust, smoke, gas, or vibrations. 9. Any Increase in Pests or Vermin Standard met. The proposed use is not anticipated to attract pests. 10. Visual Appearance Standard met. The addition will be designed to match the exterior treatment of the existing structure, and the trash enclosure will be fully screened. 11. Other Effects upon the General Public Standard met. The proposed use is not Health, Safety, and Welfare anticipated to have any other impacts on the surrounding area. One additional item to note is that Golden Valley has adopted the optional Minnesota Administrative Rule 1306, regarding fire protection systems. This rule established cases in which sprinkler systems must be added, including "new buildings, buildings increased in total floor area (including the existing building), or buildings in which the occupancy classification has changed." The Deputy Fire Chief City Council Regular Meeting Executive Summary 4 City of Golden Valley October 7, 2020 recommends that the installation of a sprinkler system be made a condition of this amendment, given that the total floor area would be increasing if approved. Based on the findings above, staff recommends approval of Conditional Use Permit No. 73, Amendment 1, allowing for an addition to an existing Class II Restaurant at 6620 Wayzata Boulevard, subject to the following conditions: 1. The site plan dated 7/6/98, prepared by Alliant Engineering, Inc., is a part of this permit. 2. The landscape plan dated 7/6/98, prepared by Alliant Engineering, Inc., is a part of this permit. 3. As indicated on the site plan, there may be six "proof of parking" spaces. These spaces must be constructed when, in the opinion of the City Manager or their designee, there is a need for the spaces. 4. The requirements outlined in the memo dated 7/21/98 from Assistant City Engineer Jeff Oliver shall become a part of this permit. 5. The building elevations prepared by Wirtanen Clark Larsen Architects Inc. shall become a part of this permit. 6. The applicant will install an automatic sprinkler system consistent with the standards established in the State Building Code. Financial Or Budget Considerations None Recommended Action Motion to adopt Ordinance #696, Approval of Conditional Use Permit 73, Amendment #1 allowing for an addition to an existing Class II Restaurant. Supporting Documents • Memo to the Planning Commission dated October 26, 2020 (6 pages) • Excerpt From Planning Commission Minutes dated October 26, 2020 (2 pages) • Site Plan (2 pages) • Ordinance #696 (2 pages) city 0f golden MEMORANDUM valley Planning Department artment 763 593 8095/763 593 8109(fax) Date: October 26, 2020 To: Golden Valley Planning Commission From: Myles Campbell, Planner Subject: Informal Public Hearing—Amend Conditional Use Permit (CUP 73) to Allow for an Addition to an Existing Class II Restaurant Property address: 6620 Wayzata Boulevard Applicant: Border Foods Inc. Property owner: same as applicant Zoning District: Commercial Lot size: 1.52 acres Current use: Restaurant—Class II (fast food) Future land use: Retail/Service Adjacent uses: Commercial and Mixed Use (west, north, east); Highway (south) ZOO vu*bdaoi r�Y na „■. 5. 720 � 721 ,' A l rt pill 6800 � 850905 IMP° � 1+ _ Nor Cr # 9QQ • f, r r +.r .ar _ alb ` 60 40 l - 6400,4 b 9 2018 aerial photo(Hennepin County) 1 Summary Border Foods, the operator of the Taco Bell at 6620 Wayzata, is requesting an amendment to an existing Conditional Use Permit in order to allow for the addition of a cold storage area to the principal structure. In Sec. 113-30, Subd. (k) of the City Code requires that changes to a CUP "affecting uses, parking and loading, or components other than minor changes shall require amendment to the conditional use permit by the City." While the use of the site as a restaurant is not fundamentally changing, the addition does require the relocation of an existing trash enclosure into a portion of the parking lot, reducing the overall parking provided by three spaces. Given the loss of parking, this addition necessitated a formal CUP amendment. In conjunction with this CUP Amendment, Border Foods is also seeking a Variance from the City Code regarding the minimum parking requirements for the site, as the proposed addition and realignment of the parking lot would result in 5 spaces less than required by code. Staff is recommending to both the Planning Commission and the Board of Zoning Appeals that these approvals/recommendations be contingent on each other, as both are necessary given the proposed modifications to the site by the applicant, and would serve no purpose otherwise. Existing Conditions Taco Bell has been located at this address since at least the mid-1980's in staff's review of property files, however it originally occupied only the western portion of the current parcel. In 1998, a lot consolidation and conditional use permit were approved for 6620 Wayzata and 950 Florida Ave S, combining the two parcels under the Wayzata address. An existing car wash that was located at 950 Florida was demolished, and the larger resulting lot allowed for Taco Bell to expand their provided parking and add a drive-through window. A copy of the original CUP approval is included with this memo. The principal structure on the site is a single-story brick building, with a footprint of 2,921 sq. ft. Both the existing structure and the proposed addition are compliant in terms of the setbacks required for a commercially zoned property, and they are well under the 50% lot coverage requirement. The existing parking lot provides 71 total parking spaces, with three of those being handicap accessible spaces. As part of its initial CUP approval, an additional six proof of parking spaces were demonstrated to the north of the drive-through lane. As a condition of the CUP, these proof of parking spaces may be paved if the City sees a demand for additional parking. City Staff have not received complaints relating to a lack of parking, and so this condition has not been acted upon, however these proof of parking spaces do count towards the overall parking on the site. Proposed Use Border Foods would like to add a 240 sq. ft. walk-in storage area to the north side of the principal structure which would be used for cold storage. This addition would impact parking in two ways: 1. The additional 240 sq. ft. would be counted towards the gross floor area of the building, increasing the number of required parking spaces for the property. 2 2. Currently the proposed area for the addition has the restaurant's trash enclosure on it. This enclosure would be moved east into the parking lot in order to fit the addition, reducing that number of actual parking spaces provided. The new trash enclosure would be required to meet all of the City's screening regulations, and any loss of handicap accessible parking would need to be replaced on site. The freezer addition itself would have a brick exterior to match the existing building's exterior finish. Zoning Analysis Site Standards As mentioned previously the proposed building footprint would be compliant with the site standards included in the Sec. 113-92, Commercial Zoning Distric,. Subd. (h-j). This includes setbacks (shown in the table below), accessory structure restrictions, and lot cover limits. Front Setback Side Setback Rear Setback Required 35 ft. 20 ft. 20 ft. Proposed Layout 59.7 ft. 23 ft. 58 ft. Parking In Sec. 113-151, Off-Street Parking and Loading, Subd. (c) City Code lays out the minimum required off-street parking for a property based on its use. For a Resturant—Class II, this minimum parking requirement would be 1 space per 40 sq. ft. of gross floor area. This requirement is based on the gross floor area, and so it not only includes the customer-facing portions of a restaurant but also any kitchen and storage areas used by staff. The table below shows how this minimum parking requirement is calculated based on both the existing building layout, and with the added freezer. Gross Floor Area Parking Required Parking Provided _- Existing Layout 2921 sq. ft. 73 spaces 71 (+6 proof of parking) Proposed Layout 3161 sq. ft. 79 spaces 68 (+6 proof of parking) In both cases, the actual provided parking on site is less than the required 1 per 40 sq. ft. However, in the existing layout this shortfall is made up for by the six proof of parking spaces established as a condition of the 1998 CUP. In the case of the proposed layout, while the proof of parking spaces could be paved, this alone would not provide enough spaces to meet the new minimum of 79 spaces. This is also in part due to the increase in spaces required because of the freezer addition. At 240 sq. ft. the freezer would create a need for 6 additional parking spaces. In evaluating the parking, staff considered whether or not to require the proof of parking to be paved, or if it should remain as it is currently, green space. Engineering staff noted that even during peak hours of operation, there does not currently appear to be a shortage of parking on the site, with much of the traffic being routed through the drive-through instead. Additionally, they noted 3 that from a stormwater management perspective, paving those spaces would add to an already substantial amount of impervious surface on the lot, and may create issues depending on the capacity of the existing stormwater infrastructure that is in place. The site currently utilizes a catch basin within one of its landscaped areas to the south in order to manage runoff. Staff requested that Border Foods complete an assessment of the existing stormwater management systems on site. Based on their review of this assessment, City staff noted that the system is below capacity for the existing levels of runoff, but that an increase in total impervious would potentially require modifications to the catch basin. As a result of this review by our engineering department, planning staff is not recommending these six proof of parking spaces be paved. Staff suggests this condition remain in place in the case that future demand increases, but feels that the area is better served as greenspace, despite the Commercial zoning district not having a cap on site-wide impervious surface. Regardless of whether the proof of parking were to be paved, the proposed modifications to the site will cause it to fall short of the minimum required parking, and therefore require a variance to proceed. Staff supports this variance, given that the site is effectively meeting its peak parking demand currently. Evaluation The findings and recommendations for a CUP are based upon any or all of the following factors (which need not be weighed equally): Factor Finding 1. Demonstrated Need for Proposed Use Standard met. The additional cold storage space is a reasonable and effective update to an older restaurant space, and it is being designed to match with exterior of the building and reduce visual impacts. 2. Consistency with the Comprehensive Plan Standard met. The proposed use is consistent with the intent and purpose of the "retail/service" land use designation of the comprehensive plan. 3. Effect upon Property Values Standard met. The proposed use is not anticipated to affect property values in a substantial way. 4. Effect on Traffic Flow and Congestion Standard met. While some parking will be lost, the relocated trash enclosure should not impact the circulation of vehicles on the site. As mentioned staff has not received complaints about parking during the peak 4 Factor Finding hours, as many customers tend to use the drive-through option. Additionally, the applicant notes that the added cold storage will allow it to reduce the overall frequency of deliveries to the site, potentially reducing periods of impacted circulation. 5. Effect of Increases in Population and Standard met. The proposed improvements Density would not impact employee numbers at this location. 6. Compliance with the City's Mixed-Income Not applicable. Housing Policy 7. Increase in Noise Levels Standard met. The proposed use is not anticipated to generate excessive noise. 8. Generation of Odors, Dust, Smoke, Gas, or Standard met. The proposed use is not Vibration anticipated to generate excessive odors, dust, smoke, gas, or vibrations. 9. Any Increase in Pests or Vermin Standard met. The proposed use is not anticipated to attract pests. 10. Visual Appearance Standard met. The addition will be designed to match the exterior treatment of the existing structure, and the trash enclosure will be fully screened. 11. Other Effects upon the General Public Standard met. The proposed use is not Health, Safety, and Welfare anticipated to have any other impacts on the surrounding area. Staff from Engineering, Building Inspections, and Fire have reviewed the CUP amendment and have made their recommendations as have been noted in this memo. One additional item to note is that Golden Valley has adopted the optional Minnesota Administrative Rule 1306, regarding fire protection systems. This rule established cases in which sprinkler systems must be added, including "new buildings, buildings increased in total floor area (including the existing building), or buildings in which the occupancy classification has changed." The Deputy Fire Chief recommends that the installation of a sprinkler system be made a condition of this amendment, given that the total floor area would be increasing if approved. 5 Recommended Action Based on the findings above, staff recommends approval of Conditional Use Permit No. 73, Amendment 1, allowing for an addition to an existing Class II Restaurant at 6620 Wayzata Boulevard, subject to the following conditions: 1. The site plan dated 7/6/98, prepared by Alliant Engineering, Inc., is a part of this permit. 2. The landscape plan dated 7/6/98, prepared by Alliant Engineering, Inc., is a part of this permit. 3. As indicated on the site plan, there may be six "proof of parking" spaces. These spaces must be constructed when, in the opinion of the City Manager or their designee, there is a need for the spaces. 4. The requirements outlined in the memo dated 7/21/98 from Assistant City Engineer Jeff Oliver shall become a part of this permit. 5. The building elevations prepared by Wirtanen Clark Larsen Architects Inc. shall become a part of this permit. 6. The applicant will install an automatic sprinkler system consistent with the standards established in the State Building Code. Failure to comply with one of more of the above conditions shall be grounds for revocation of the CUP. Consistent with State statute, a certified copy of the CUP must be recorded with Hennepin County. Attachments Conditional Use Permit#73—6620 Wayzata Boulevard (1 page) Site/Interior Plans (2 pages) Applicant Narrative (1 page) CUP Amendment Application (2 pages) 6 7800 Golden Valley Road I Golden Valley,MN 55427 G1t�1 0 763-593-3992 I TTY 763-593-3968 1 763-593-8109(fax)I www.goldenvalleymn.govgolden Planning Commission vaiiy October 26,2020—7 pm EXCERPT FROM REGULAR MEETING MINUTES This meeting was held via Webex in accordance with the local emergency declaration made by the City under Minn. Stat. § 12.37. In accordance with that declaration, beginning on March 16, 2020, all Planning Commission meetings held during the emergency were conducted electronically. The City used Webex to conduct this meeting and members of the public were able to monitor the meetings by watching it on Comcast cable channel 16, by streaming it on CCXmedia.org, or by dialing in to the public call-in line. 1. Call to Order The meeting was called to order at 7:00 by Chair Blum. Roll Call Commissioners present: Rich Baker, Ron Blum, Adam Brookins, Andy Johnson, Lauren Pockl, Ryan Sadeghi, Chuck Segelbaum Commissioners absent: Noah Orloff Staff present: Jason Zimmerman— Planning Manager, Myles Campbell — Planner Council Liaison present: Gillian Rosenquist 6. Informal Public Hearing—Amendment to Conditional Use Permit No. 73 Applicant: Border Foods dba Taco Bell #2421 Address: 6620 Wayzata Boulevard Purpose: To allow for an addition to an existing Class II Restaurant Myles Campbell, Planner, started a presentation that began with the building's location in the city, the future land use map, the existing zoning, and then a map of the current parking lot. Campbell went in to greater detail on the applicant's request for an amendment, which is required due to the loss in parking to accommodate a potential cold storage addition. The applicant is also meeting with BZA tomorrow to request a variance related to the site's minimum parking requirement. Campbell included history on the original CUP and that Class II Restaurants are a conditional use within the Commercial Zoning District. The applicant is proposing the current trash enclosure would move east into what is currently parking in the front of the building. A new cold storage area will be added to the building where the trash enclosure is now, the addition is 240 sq. ft. Staff analyzed the proposed layout and given that the proposed layout would be under the code requirements, staff considered requiring the proof of parking be paved, but opted recommending against this course of action. City Environmental Staff reviewed a hydrology assessment for the site, added impervious surface would likely exceed the capacity of the catch basin and stormwater infrastructure on-site. This document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (TTY: 763-593-3968)to make a request. Examples of alternate formats may include large print, electronic, Braille,audiocassette, etc. City of Golden Valley Planning Commission Regular Meeting October 26, 2020—7 pm Staff hasn't heard of complaints relating to a lack of parking and have observed the drive- through absorbing most of the peak activity. Maintaining but not paving this proof of parking in the CUP is a good middle ground, preserving the option in the future without creating unnecessary hard surface. Campbell added 11 findings that came from staff evaluation and noted other considerations from the Deputy Fire Chief. Recommendation Staff recommends approval of Conditional Use Permit No. 73, Amendment 1, allowing for an addition to an existing Class II Restaurant at 6620 Wayzata Boulevard, subject to the following conditions: 1. The site plan dated 7/6/98, prepared by Alliant Engineering, Inc., is a part of this permit. 2. The landscape plan dated 7/6/98, prepared by Alliant Engineering, Inc., is a part of this permit. 3. As indicated on the site plan, there may be six "proof of parking" spaces. These spaces must be constructed when, in the opinion of the City Manager or their designee, there is a need for the spaces. 4. The requirements outlined in the memo dated 7/21/98 from Assistant City Engineer Jeff Oliver shall become a part of this permit. 5. The building elevations prepared by Wirtanen Clark Larsen Architects Inc. shall become a part of this permit. 6. The applicant will install an automatic sprinkler system consistent with the standards established in the State Building Code. The Commissioners discussed parking, the drive through, and how the two may be impacted by the amendment. The architect for the applicant spoke and added that the building is sprinkled and the current system will be extended to the new building. Commissioner Baker asked about details of the cold food storage addition. Applicant responded that it's only for this location and it's needed to properly store a greater amount of food in the building. The Chair opened the public hearing at 9:15pm. Commissioners continued the discussion and touched on traffic considerations and the drive through. They also discussed the property and when the current building was built, in 1998. The Chair closed the public hearing at 9:20pm. MOTION made by Commissioner Pockl, seconded by Commissioner Baker, to follow staff recommendation and recommend approval of the amendment of Conditional Use Permit No. 73, Amendment 1, subject to the conditions laid out in the staff memo. Staff took a roll call vote and the motion passed unanimously. Fr- / \ s sog o \ Lu 0 LL - o4ge / / / / / + _ I2z oFZ 0 / / \ O ƒ 2 \ Qo ƒ e \ o \ / g \ / \ / / � LL \ + - gc22 o -1 zoo z4Q400 I � | � � � | � � I � � � | � | I I I | # � o G-8 o G- a I o zN CD Jw < � LL ' I p I N LC LLJ I I JO i Q < 0 OLL 0 o p rf I � v I L------------------ O I 1u I I lol � °UD I I I I LJ 1 BULK hill CO2 w C7 Q 0 ORDINANCE NO. 696 AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 73, Amendment 1 6620 Wayzata Boulevard Border Foods, Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1 . City Code Chapter 113 entitled "Zoning" is amended in Section 113-55, Subd. b, and Section 113-96, by approving a Conditional Use Permit Amendment for certain tracts of land located at 6620 Wayzata Boulevard, thereby allowing for a modification of the principal structure and parking on-site. This Conditional Use Permit is approved based on the application materials and plans submitted by the applicant, staff memos, public comments and information presented to the Planning Commission and City Council, and findings recommended by the Planning Commission. This Conditional Use Permit is approved pursuant to City Code Section 113- 30, Subd. g, and adopted by the City Council on November 17, 2020. This Conditional Use Permit is subject to all of the terms of the permit to be issued including, but not limited to, the following specific conditions: 1 . The site plan dated 7/6/98, prepared by Alliant Engineering, Inc., is a part of this permit. 2. The landscape plan dated 7/6/98, prepared by Alliant Engineering, Inc., is a part of this permit. 3. As indicated on the site plan, there may be six "proof of parking" spaces. These spaces must be constructed when, in the opinion of the City Manager or their designee, there is a need for the spaces. 4. The requirements outlined in the memo dated 7/21/98 from Assistant City Engineer Jeff Oliver shall become a part of this permit. 5. The building elevations prepared by Wirtanen Clark Larsen Architects Inc. shall become a part of this permit. 6. The applicant will install an automatic sprinkler system consistent with the standards established in the State Building Code. Section 2. The tracts of land affected by this ordinance are legally described as follows: Lot 1 , Block 1 , Golden Valley Taco Bell Addition, according to the recorded plat thereof, and situated in Hennepin County, Minnesota. Section 3. City Code Chapter 1 entitled "General Provisions" and Sec. 1-8 entitled "General Penalty; Continuing Violations" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Ordinance No. -2- November 17, 2020 Adopted by the City Council this 17th day of November, 2020. Shepard M. Harris, Mayor ATTEST: Theresa J. Schyma, City Clerk EXECUTIVE SUMMARY Physical Development 763-593-8030 / 763-593-8109 (fax) Golden Valley City Council Meeting November 17, 2020 Agenda Item 4. B. 1. Public Hearing— Future Land Use Map Amendment for 8810 101"Ave N, 915 Boone Ave N, and 1021 Boone Ave N, Resolution No. 20-69 Prepared By Myles Campbell, Planner Summary The Academy of Whole Learning (AOWL) is petitioning to amend the Future Land Use Map to guide the properties at 8810101"Ave N, 915 Boone Ave N, and 1021 Boone Ave N for Assembly use instead of the current guidance as Industrial. In addition, the school proposes to rezone the property from Industrial (1) to Institutional (1-1). These changes are necessary in order for AOWL to utilize the site for their school operations and to move forward with their purchase of the site. 8810 101" and the associated vacant parcels to the Southeast are owned by the McLaughlin Gormley King Co., and previously served as a headquarters for the company. The site housed MGK's research and development department, and was also used for the manufacturing of insecticides. 915 and 1021 Boone Ave N have both been maintained as open space since the principal structure on 8810 101"Ave was built in 1970, although all three parcels are zoned and guided for industrial use in the future. Additional information on the existing site conditions is provided in the attached memo to the Planning Commission. This Executive Summary will focus on the process of approvals, the findings of staff to support a potential reguiding of the land, and a brief summary of the discussion at Planning Commission. Required Process Assuming that the City Council supported both the reguiding/rezoning of the property, the case would need to be sent to the Metropolitan Council, who oversee any amendments to municipalities' Comprehensive Plans. Due to the nature of this request, staff anticipates this being an administrative approval for the Metropolitan Council. Both public hearings can be held at this meeting and voted upon, however staff would recommend that the City Council make their approval of the rezoning contingent on the approval of the Metropolitan Council. The other option here would be to discuss the rezoning at this meeting but tabling any vote on the rezoning until Met Council has approved of the Land Use changes; both options function the same in that the rezoning would not take effect until approved by the Metropolitan Council. Staff Findings City Council Regular Meeting Executive Summary 2 City of Golden Valley October 7, 2020 The City Code does not set specific standards for changing a future land use designation, and the City Council—with the input of the Planning Commission— has a great deal of latitude in deciding if the request is consistent with the overall direction and vision of the Comprehensive Plan. In making a determination, the City should make findings as to the compatibility of the use with the surrounding area, consistency with the Comprehensive Plan, and generally to establish that the decision is not arbitrary and is reasonably related to the promotion of public health, safety, and welfare. Regarding the City's long-term planning, staff found the request to be in line with and related to the following goals and objectives of the 2040 Comprehensive Plan: 1. Goal 1: Create a Complete Community-Strive for a diverse and balanced community that contains a variety of residential areas, major employers, retail, services, institutions, and parks and open spaces a. Objective 1.3 - Preserve assembly facilities (schools, places of worship, etc.) as important spaces for social interaction 2. Goal 2: Minimize Conflicts And Impacts Of Change - Develop a regulatory framework designed to minimize potential conflicts between land uses a. Objective 1.2 -Arrange land uses so there are compatible transitions between major land use types 3. Goal 4: Prepare For Targeted Redevelopment- Use public and private redevelopment opportunities to advance the City's Future Land Use Map and policies a. Objective 1. - Redevelop parcels that are blighted, functionally obsolete, economically unsustainable, or incompatible with adjacent uses b. Objective 2.1 - Enhance community identity and character in the downtown area with redevelopment projects Additionally, staff suggested the following findings of fact to the Planning Commission in support of the change in land use/rezoning. 1. While zoned industrial or light industrial, staff review shows that the majority of surrounding uses are general offices, service-based commercial, and retailers, with relatively few heavy industrial users. This helps assuage any concerns from staff about the industrial impact (noise, pollution, odor, etc.) on the assembly use. a. Given that the area to the east may be reexamined in the future as the downtown redevelops, it is also not unlikely that existing industrial properties may be rezoned to Light Industrial or Mixed Use, which would produce fewer negative external impacts. 2. While a traffic analysis may be necessary to fully anticipate traffic impacts, engineers note that surrounding roads have the capacity for the type of peak-hour traffic generated by assembly uses. a. Access off both 101" and Boone should improve site circulation by vehicles and provide some options to avoid impacting the residential neighborhoods to the north. 3. Given its location in between industrial uses to the south and west, residential to the north, and the downtown to the east, this site could potentially be well served as a transition between uses and intensities. City Council Regular Meeting Executive Summary 3 City of Golden Valley October 7, 2020 4. The properties are currently vacant, and portions of the parking lot have some issues relating to stormwater and curbing. An active owner would immediately improve the site and open up the potential to correct some of these issues. 5. The re-use of this site for an assembly purposes fits with a number of the goals and objectives of the Comprehensive Plan. 6. While the focus of rezoning should be on all potential future users under the 1-1 zoning designation, AOWL's mission and purpose as an educational facility would provide additional learning opportunities in the City. Discussion from Planning Commission The Planning Commission heard both the land use map amendment and rezoning at its October 261" meeting of this year. For both items, the Planning Commission voted 5-2 to recommend approval of the requests from the applicant. Commissioners had a number of questions for the applicant regarding their operations as they pertain to bussing, pick-up and drop-off procedure, the geographic makeup of the student body, and for what reasons they selected the site at 8810 101" Ave as potential permanent space for the school. Minutes from this meeting are provided with this memo to provide additional details. Generally, those in support of the reguiding/rezoning agreed with staff's findings regarding the mix of uses around the site and the changing character of this area being just east of the downtown. They were not concerned with the proposed levels of traffic but noted that the applicant's plan to conduct a traffic analysis study would help to alleviate impacts on surrounding streets. Additionally, these commissioners noted that they were supportive of AOWL's mission, and felt that the applicant would be a benefit to the community. Those against the reguiding/rezoning were concerned about the proximity of a school use to the surrounding industrially zoned properties, as well as the long-term impact of rezoning the land if the applicant were to leave or cease to operate. Additionally, dissenting commissioners noted that they would prefer to not rezone the property, and instead examine the allowance of schools in districts outside of the Institutional designation. Financial Or Budget Considerations Most uses eligible in the Institutional Zoning District (schools, places of worship) can be eligible for tax exempt status if certain requirements are met. While the lots are currently vacant, the shift in use could impact overall tax base. Recommended Action Motion to adopt Resolution No. 20-69, Amending the Future Land Use Map to designate 8810 101"Ave N, 915 Boone Ave N, and 1021 Boone Ave N for Assembly use. Supporting Documents • Memo to the Planning Commission dated October 26, 2020 (6 pages) • Planning Commission Minutes dated 26, 2020 (5 pages) • Resolution No. 20-69 (1 page) city 0f golden MEMORANDUM valley Planning Department 763 593 8095/763 593 8109(fax) Date: October 26, 2020 To: Golden Valley Planning Commission From: Myles Campbell, Planner Subject: Informal Public Hearing— Future Land Use Map Amendment for 8810 10th Ave N, 915 Boone Ave N, and 1021 Boone Ave N Property address: 8810 10th Ave N, 915 Boone Ave N, 1021 Boone Ave N Applicant: The Academy of Whole Learning Property owner: McLaughlin Gormley King Co. Zoning District: Industrial (1) Lot size: 5.2 Acres Current use: Industrial/Vacant Future land use: Industrial Adjacent uses: Industrial (West, South), Light Industrial (East), Residential (Northeast) a� 9VA47 (� rvPi 2018 aerial photo(Hennepin County) 1 Summary of Request The Academy of Whole Learning (AOWL) is petitioning to amend the Future Land Use Map to guide the properties at 8810101"Ave N, 915 Boone Ave N, and 1021 Boone Ave N for Assembly use instead of the current guidance as Industrial. In addition, the school proposes to rezone the property from Industrial (1) to Institutional (1-1). These changes are necessary in order for AOWL to utilize the site for their school operations and to move forward with their purchase of the site. Background 8810 101" and the associated vacant parcels to the Southeast are owned by the McLaughlin Gormley King Co., and previously served as a headquarters for the company. The site housed MGK's research and development department, and was also used for the manufacturing of insecticides. 915 and 1021 Boone Ave N have both been maintained as open space since the principal structure on 8810 101"Ave was built in 1970, although all three parcels are zoned and guided for industrial use in the future. While MGK is still the owner of the parcels and office building on-site, the building has been unoccupied for at least a year while they have been marketing the site for sale. MGK moved their principal operations to Chaska. Existing Conditions The existing site (incl. all 3 parcels) is approximately 5.2 acres in size. The existing building is two- stories, and has a building footprint of approximately 20,000 sq.ft. The building interior is currently set up for offices and warehousing, although these interior plans could be modified by a future owner. The site has a substantial parking lot that is accessible currently from both 101"Ave and Boone Ave. The lot provides roughly 102 spaces in the northern portion of the parking lot, with an additional 10 spaces in the southern portion, including the handicap accessible spaces. The southern portion of the lot also includes a landscaped island and some additional space for turnarounds or queuing. The parking lot itself pre-dates some of the code's requirements regarding curbs, landscaping, and interior islands, although these would likely be addressed in the future when a tenant/owner sought to make other improvements to the parking lot. Much of the northern parking area falls under a locally managed floodplain by the Bassett Creek Watershed Management Commission. In reviewing the site, City environmental staff noted this might impact the longevity of the parking lot's pavement and cause some nuisance flooding, but it does not itself trigger any administrative review or correction with the City. Similar to improvements such as curb and gutter, improvements to the parking lot may be necessary in the future to mitigate stormwater impacts. These improvements may also be triggered if a traffic analysis for the site demonstrates that changes to circulation are necessary. Required Process Unlike in cases where the City is driving a rezoning or land use reguiding, this case has been brought forward by petition of the Academy of Whole Learning. In City Code, schools as an allowed use are only permitted in the Institutional Zoning district. A school would be a permitted use by right in this district, meaning that the process for AOWL is relatively straightforward. 2 Assuming that the Planning Commission supported the reguiding/rezoning of the property, the case would be sent to the City Council for a formal public hearing. The property's reguiding will also require approval from the Metropolitan Council, who oversee any amendments to municipalities' Comprehensive Plans. The City Council, if supportive, would approve the reguiding while tabling the rezoning until the Metropolitan Council had reviewed the land use case. If both the rezoning and reguiding are approved by both the City and the Metropolitan Council, the school could move forward with their operations as a permitted use in the I-1 zoning district. While permitted by right to operate as a school, AOWL would still need to seek City approvals regarding any planned improvements to the building or the site, which would include building permits, traffic analyses, and a tree and landscaping plan if any trees were removed. Neighborhood Notification The City's adopted Neighborhood Notification Policy requires a neighborhood meeting be held for proposals that would change the designation of a property from Industrial to Institutional. However, due to the social distancing guidelines established by the State of Minnesota and the State of Emergency declared by the City Council, this requirement was altered and instead of a neighborhood meeting, a letter was sent to property owners within the notification radius in early October and extended time was allowed for comments to be collected by City staff in advance of the public hearing before the Planning Commission. Following both the neighborhood notification and the City's own notice for the public hearing at Planning Commission, no written comments were received by staff. Staff Review The City Code does not set specific standards for changing a future land use designation, and the City Council —with the input of the Planning Commission— has a great deal of latitude in deciding if the request is consistent with the overall direction and vision of the Comprehensive Plan. In making a determination, the City should take into account the land use descriptions outlined in the Comprehensive Plan as well as any potential impacts on the character of the area. The 2040 Comprehensive Plan has the following description of the Industrial land use: This category includes general industrial uses such as manufacturing, assembly, processing, laboratory, distribution, and related office uses. This land use is generally located near light industrial, commercial, and office uses and generates employment in the community. The Assembly land use is described as follows: This category includes education facilities at all levels, the cemetery, places of worship for all denominations, and miscellaneous religious installations. When considering the reguiding and rezoning of the property, staff feels an important consideration is that the reguiding must make sense outside of the context of AOWL occupying the space, and to consider how the Assembly use more generally fits the site. While it certainly is of benefit if the City feels AOWL would make for an excellent occupant of the site, it must be shown 3 to be a good fit if a different use, such as a place of worship, would similarly fit within the context of the area. One of the first steps taken by staff was to review the surrounding industrial and light industrial zoned properties, given that these properties allow for manufacturing and assembly uses with typically larger impacts on surrounding locations. An aerial map breaking down the surrounding properties into their current users is attached with this memo. Generally speaking, staff found very little heavy industrial uses among surrounding properties. More commonly these properties are being used as office space both for general and medical purposes, and alternately as commercial uses such as gyms, art studios, and retail sales. This area as a whole is likely to be re-examined in the future due to its proximity to the downtown core of the city. Given the low level of industrial activity already, it could be considered for a zoning designation with greater flexibility in allowed uses such as light industrial or mixed use, depending on the City's goals in redeveloping downtown. One challenge in examining this reguiding is that unlike uses such as Retail/Service that have a clear focus on co-locating uses in an immediate area (downtown, 1394 commercial corridor), Institutional uses are generally not concentrated in a single area, and instead are spread throughout the City. From this perspective, staff is basing its analysis primarily on the use's compatibility with surrounding uses, the capacity of surrounding roadways, and on the site to support the allowed uses. In the case of 8810 101" Ave, staff feels the Assembly designation, while not shared with surrounding properties, would not itself be out of place. The site is located on 101" and Boone Avenues, both of which were confirmed by City engineering staff as being able to support the traffic levels generated by an Assembly use, as these streets have already been designed for heavier Industrial users. The road widths themselves would have the capacity for this traffic, although they note that a formal traffic analysis for the site would help to determine if any new improvements relating to access or turning might be necessary. As mentioned, the surrounding uses are currently not the traditional heavy manufacturing uses typically expected of an Industrial designation, and may be considered in the future for further rezoning depending on the progression of the City's downtown plans. Staff feels that a school use would not be out of place with the existing office users, and depending on the results of a traffic analysis, would likely be able to avoid any traffic impacts further north along Boone Ave where surrounding land becomes more residential in use. Finally, staff reviewed the goals and policies of the Comprehensive Plan's land use chapter to help determine if this reguiding action was following the intent of the City's central guiding plan. Generally, staff found the following goals and policies to support the reguiding and re-use of the site by AOWL as a school facility: 1. Goal 1: Create a Complete Community-Strive for a diverse and balanced community that contains a variety of residential areas, major employers, retail, services, institutions, and parks and open spaces a. Objective 1.3 - Preserve assembly facilities (schools, places of worship, etc.) as important spaces for social interaction 4 2. Goal 2: Minimize Conflicts And Impacts Of Change - Develop a regulatory framework designed to minimize potential conflicts between land uses a. Objective 1.2 -Arrange land uses so there are compatible transitions between major land use types 3. Goal 4: Prepare For Targeted Redevelopment- Use public and private redevelopment opportunities to advance the City's Future Land Use Map and policies a. Objective 1. - Redevelop parcels that are blighted, functionally obsolete, economically unsustainable, or incompatible with adjacent uses b. Objective 2.1 - Enhance community identity and character in the downtown area with redevelopment projects Recommended Action Based on the findings above, staff recommends approval of the requested amendment to the Future Land Use Map, changing the guided land use for 8810 101"Ave N, 915 Boone Ave N, and 1021 Boone Ave N from Industrial to Assembly. Attachments: Future Land Use Map (1 page) Surrounding Uses Map (1 page) Applicant Narrative (2 pages) 5 7800 Golden Valley Road I Golden Valley,MN 55427 G1t�1 0 763-593-3992 I TTY 763-593-3968 1 763-593-8109(fax)I www.goldenvalleymn.govgolden Planning Commission vaiiy October 26,2020—7 pm EXCERPT FROM REGULAR MEETING MINUTES This meeting was held via Webex in accordance with the local emergency declaration made by the City under Minn. Stat. § 12.37. In accordance with that declaration, beginning on March 16, 2020, all Planning Commission meetings held during the emergency were conducted electronically. The City used Webex to conduct this meeting and members of the public were able to monitor the meetings by watching it on Comcast cable channel 16, by streaming it on CCXmedia.org, or by dialing in to the public call-in line. 1. Call to Order The meeting was called to order at 7:00 by Chair Blum. Roll Call Commissioners present: Rich Baker, Ron Blum, Adam Brookins, Andy Johnson, Lauren Pockl, Ryan Sadeghi, Chuck Segelbaum Commissioners absent: Noah Orloff Staff present: Jason Zimmerman— Planning Manager, Myles Campbell — Planner Council Liaison present: Gillian Rosenquist 4. Informal Public Hearing— Future Land Use Map Amendment Applicant: Academy of Whole Learning Address: 8810 101"Avenue North; 915 and 1021 Boone Avenue North Purpose: To guide the properties from Industrial to Assembly Myles Campbell, Planner, started the presentation by stating he combined items 4 and 5 in the same presentation. He added that the discussion may then take place regarding both items as the two are related. 5. Informal Public Hearing—Zoning Map Amendment Applicant: Academy of Whole Learning Address: 8810 101"Avenue North; 915 and 1021 Boone Avenue North Purpose: To rezone the properties from Industrial to Institutional (1-1) Myles Campbell, Planner, listed that this request technically includes three addresses, 8810 101", 915 Boone, and 1021 Boone but the former is the main address. A map and the location's relation to the neighborhood was displayed as well as street views of the property. Campbell listed the lot's existing conditions: the building was formally a warehouse and manufacturing facility, 5.2 acres in combined acreage, principal structure is 20k sq/ft, and This document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (TTY: 763-593-3968)to make a request. Examples of alternate formats may include large print, electronic, Braille,audiocassette, etc. City of Golden Valley Planning Commission Regular Meeting October 26, 2020—7 pm there's an accessory structure SW of the principle structure. Parking and parking access were also reviewed. Academy of Whole Learning (AOWL) is a non-profit school requesting to amend the Future Land Use Map to guide these properties for Assembly versus the current guidance as Industrial. Additionally, AOWL would like to rezone from Industrial to Institutional. Both changes are necessary for AOWL to use the site for school operations and for them to purchase the site. Maps were shown to the Commission what the current zoning is and what the guided land use in the 2040 Comp Plan is. Campbell reviewed the staff analysis, reminding the Commission that City Code does not set specific standards for amendments to either the zoning map or the future land use plan. City Council and the Planning Commission are given the flexibility in determinations for a change in either. A majority of uses around the proposed property are zoned either industrial or light industrial; staff notes that a majority of businesses are offices, services, or retail. Looking long-term, some surrounding properties may be explored for commercial or mixed-use designations due to their proximity to downtown. City engineers noted that both Boone Ave N and 10th Ave N have the capacity for the site's traffic demands if rezoned since both roads are designed for industrial/office traffic. There are some low-density residential roads to the north and engineering is able to work with a future user to ensure those areas wouldn't be impacted. The site's parking lot has multiple access points from the road and there are areas to the south for turnaround alternatives. Assembly land use was not a planned use for the site on adoption of the Comp Plan, but staff is interested to see if other policies support the site's re-use as an institutional property. Typically, cities do not have neighborhoods designed around the institutional zoning, and so the question of"spot zoning" comes up. The City may choose to rezone a property in a manner that does not conform to the Comprehensive Plan, even when the rezoning is inconsistent with some of the surrounding uses, provided the decision is supported with a factual record that shows the decision was not arbitrary and capricious and was reasonably related to the promotion of public health, safety, morals, and general welfare. Campbell listed a number of findings based on the previous analysis to support the recommendation. Recommendation City staff recommends approval of the requested amendment to the Future Land Use Map, changing the guided land use for 8810 10th Ave N, 915 Boone Ave N, and 1021 Boone Ave N from Industrial to Assembly. City staff recommends approval of the requested amendment to the Zoning Map, changing the zoning designation for 8810 10th Ave N, 915 Boone Ave N, and 1021 Boone Ave N from Industrial to Institutional Sub-district 1-1. Commissioner Segelbaum asked about transitional land-use areas and if there's a typical area an institutional zone is near. Campbell responded that the Meadowbrook/Breck location is a good example, the co-location minimizes traffic impacts in other areas; another is the City Hall Campus, there are a collection of institutional uses. For this site, the main impacts will be at the City of Golden Valley Planning Commission Regular Meeting October 26, 2020—7 pm morning and afternoon drop off/pick up times. Commissioner Baker stated that while current neighboring uses are not incompatible with a school, the neighboring uses could change and become incompatible uses. Campbell responded that it's a consideration to make but the group should think about the actual possibility of those uses being sold on to a new owner and having a different use; most of the buildings were built with a single use in mind. If an incompatible use operates near AOWL, there isn't liability on the City for that incompatibility. Tobacco, firearm, and sexually oriented businesses wouldn't be allowed as distance restrictions are in place to prevent their proximity to a school. Commissioner Johnson referenced the Spot Zoning memo by the City Attorney and the references to morals, he asked how the Commission is supposed to interpret that within the context of their decision. Campbell reiterated that the code does not define standards to be met and there can be benefits to cities that offer spaces for people to congregate. There is vagueness around the public health safety welfare consideration. Pockl stated that while the applicant offered to take on the responsibility of the traffic study but asked where the responsibility lies. Jason Zimmerman, Planning Manager said the city traffic engineers will review and if they feel road lanes need to be changed, they'd discuss with the applicant to either hire a consultant or take a deposit to use the city on call traffic consultant. Chair Blum invited the applicant to speak. Wyayn Rasmussen, Applicant gave a brief presentation about Academy of Whole Learning, their goals and mission, history of services, and population served. Rasmussen elaborated on other sites reviewed for consideration and only one other, out of 50 properties reviewed, seemed to meet the needs of the school. This location in Golden Valley meets the needs of the school as well as provides opportunities for collaboration with other districts and businesses. Since 2003, AOWL has moved 4 times to leased spaces and they'd like to offer a permanent location to their students and families. Johnson asked the applicant how many of the properties on the list of possibilities did not require a land-use zoning change. Rasmussen responded that one location was zoned for a school however it was out of the 494 corridor and had limited green space. The Applicant expanded on the rubric for scoring potential properties. 10-12 properties met that rubric with a score of 15 and only one besides this location scored higher. The other location was surrounded by a lot of water and it didn't feel like it was ideal for the school and their population. Commissioner Pockl asked when the school would start operating and the applicant responded that they are currently leasing and that expires in June 2022 and the goal is to open in Golden Valley in Fall 2022. Johnson asked if AOWL was expecting any financial support from the city in either the lot acquisition or their operations. The applicant responded that they had no such plans or agreements with the City. Segelbaum asked if the school has after school activity offerings and the applicant responded they offer clubs Monday-Friday until 4:15 and once a week that may go until 7. They don't have offerings on weekends. Johnson asked how to engage the Golden Valley community and continue that relationship. Applicant illustrated the schools need and appreciation for volunteers for everything from hallway decorating to City of Golden Valley Planning Commission Regular Meeting October 26, 2020—7 pm classroom volunteering. The greatest potential for benefit and longevity in partnership is through job coaching volunteers. The Chair opened the public hearing at 8:12 PM Johnson asked what happens if the purchase of this property doesn't go through. The rezoning can't be conditional and the City will then have re-purposed land in the Commercial district. How can this risk be minimized for the City? Commissioner Brookins stated that this is a good point but this school fills a hole in the current conditional-use language. Brookins added that he wants to see this facility and this need met in the community but it's a matter of making sure the process is done correctly and he's not sure rezoning is the correct route. Zimmerman stated there weren't any alternatives to an 1-1 zoning in the City Code to allow this school to operate. The conversation continued on specifics with the zoning code and why a rezoning is the only option. Segelbaum added to this conversation and added what a benefit this school will be to the students, community, and the City. Commissioner Sadeghi echoed Segelbaum's statements and added this is a forward way of thinking regarding buildings of this type. Chair Blum recalled feedback at one point regarding the benefits of preserving Industrial and Light Industrial zoned properties. Staff responded this conversation came from the idea of converting these buildings to multifamily units. This has pros and cons but one of the cons is the reduction in jobs and job growth in the city. Rezoning to Institutional isn't as big of a change as it's still a job producing site. Blum followed up by asking if this rezoning sets a precedence for future rezonings. Zimmerman stated that having this rezoning could be an example for this process but it also depends on the vision of City Council. The Chair closed the public hearing at 8:28 PM. MOTION made by Commissioner Baker, seconded by Commissioner Sadeghi, to follow staff recommendation and approve the amendment to the Future Land Use Map, changing the guided land use for 8810 10th Ave N, 915 Boone Ave N, and 1021 Boone Ave N from Industrial to Assembly. Johnson stated it's hard to see this type of school isn't addressed in the code. Instead of changing the code, he added, maybe that same logic can be used to change an ordinance or a conditional use. Johnson acknowledged the added workload for staff but he feels there are too many unknowns to amend existing code. Zimmerman asked if the suggestion was to amend the zoning code as a conditional use instead of rezoning. It would require a determination that a school is appropriate for this property but also for any property zoned industrial. There are RLUPA considerations and what other zoning districts might allow Religious institutions and Industrial isn't one of them. A recommendation of denial would need to go to the City Council with an addendum for them to direct Planning Commission to go this route instead. Johnson said there may be an opportunity because AOWL is a particular type of school. Planning Commission has ability to differentiate the type of school and students served in an amended conditional use. Johnson recommended the motion be denied but proceed with identifying schools akin to AOWL in a Light Industrial district. Brookins added that this is an opportunity to City of Golden Valley Planning Commission Regular Meeting October 26, 2020—7 pm clean the code and amend permitted or conditional use. The whole list of terms could be revisited and approached in a way that doesn't lead to spot zoning. Segelbaum asked why there are concerns about rezoning to 1-1 and this use seems to fit in this particular location. Johnson responded that this is a way to be consistent and this may be an opportunity to create code clarity. Baker agreed that ordinances should be amended to support these uses but doesn't have concern with addressing the present need and allowing the AOWL project to move forward. Baker reminded the Commission there was a motion on the table. Chair Blum stated the findings of staff are credible and CUPs in the nearby area have diversified the area and this proposed change contributes to the diversity consistent with growth in that area. The applicant is seeking to offer increased services and will be doing other work as part of their project that will be an asset to Golden Valley. Blum stated he has reservations on if this is the perfect route to take but will vote yes on the motion. Regarding the previous motion, staff took a roll call vote. Aye: Baker, Blum, Pockl, Sadeghi, Segelbaum Nay: Brookins, Johnson Motion carries 5:2 MOTION made by Commissioner Baker, seconded by Commissioner Pockl, to follow staff recommendation and recommend approval of the amendment to the Zoning Map, based on staff findings in the memo presented to the Commission. Johnson stated his opinion is regarding the process standpoint and not about the proposed project purpose and meaning. Segelbaum agreed this is something to be reviewed closer, in the future it would be an easier process for an applicant. He added that there is a need for this particular project and there's a benefit to Golden Valley. Baker echoed Segelbaum's comment. Regarding the previous motion, staff took a roll call vote. Aye: Baker, Blum, Pockl, Sadeghi, Segelbaum Nay: Brookins, Johnson Motion carries 5:2 RESOLUTION NO. 20-69 RESOLUTION FOR AMENDMENT TO THE COMPREHENSIVE PLAN'S FUTURE LAND USE PLAN MAP DESIGNATING THE PROPERTY AT 8810 10T" AVE N, 915 BOONE AVE N, AND 1021 BOONE AVE N TO ASSEMBLY WHEREAS, the City Council has met at the time and place specified in a notice duly published with respect to the subject matter hereof and has heard all interested persons, and it appearing in the interest of the public that the Future Land Use Plan Map as heretofore adopted and enacted by the City of Golden Valley be amended. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley, that pursuant to the provision of Sec. 113-28 of the City Code for the City of Golden Valley, and subject to review and approval by the Metropolitan Council for conformity with regional systems plan as provided in state law, the Future Land Use Plan Map for the City of Golden Valley is hereby amended by changing the property at 8810 10th Ave N, 915 Boone Ave N, And 1021 Boone Ave N to Assembly. Adopted by the Golden Valley City Council this 17th day of November 2020. Shepard M. Harris, Mayor ATTEST: Theresa Schyma, City Clerk EXECUTIVE SUMMARY Physical Development 763-593-8030 / 763-593-8109 (fax) Golden Valley City Council Meeting November 17, 2020 Agenda Item 4. B. 2. Public Hearing—Zoning Map Amendment for 8810 101" Ave N, 915 Boone Ave N, and 1021 Boone Ave N, Ordinance No. 697 Prepared By Myles Campbell, Planner Summary The Academy of Whole Learning (AOWL) is petitioning to amend the Zoning Map to rezone the properties at 8810101"Ave N, 915 Boone Ave N, and 1021 Boone Ave N as Institutional (1-1) instead of the current zoning as Industrial). This request complements a proposed change to the Future Land Use Map to guide the property for Assembly use instead of Industrial use (see accompanying memo). These changes are necessary in order for AOWL to utilize the site as a school, which is a use only permitted in the 1-1 Institutional Zoning Sub-district. The School is hoping to make this site a permanent home for their educational and training programs. Further details on this request, as well as the request to amend the City's Future Land Use Map can be found in the attached memos to the Planning Commission dated October 261h. Further analysis on the required process of approval and planning commission discussion can also be found in the accompanying Executive Summary covering the change in land use at these sites. Staff Findings Generally, staff feels the same findings of fact listed in support of the change in land use apply here to the rezoning. In both cases the findings should demonstrate that the decision to rezone is not arbitrary, that it is compatible with surrounding uses, and that the decision is consistent with the goals of the Comprehensive Plan. 1. While zoned industrial or light industrial, staff review shows that the majority of surrounding uses are general offices, service-based commercial, and retailers, with relatively few heavy industrial users. This helps assuage any concerns from staff about the industrial impact (noise, pollution, odor, etc.) on the assembly use. a. Given that the area to the east may be reexamined in the future as the downtown redevelops, it is also not unlikely that existing industrial properties may be rezoned to Light Industrial or Mixed Use, which would produce fewer negative external impacts. City Council Regular Meeting Executive Summary 2 City of Golden Valley October 7, 2020 2. While a traffic analysis may be necessary to fully anticipate traffic impacts, engineers note that surrounding roads have the capacity for the type of peak-hour traffic generated by assembly uses. a. Access off both 1011 and Boone should improve site circulation by vehicles and provide some options to avoid impacting the residential neighborhoods to the north. 3. Given its location in between industrial uses to the south and west, residential to the north, and the downtown to the east, this site could potentially be well served as a transition between uses and intensities. 4. The properties are currently vacant, and portions of the parking lot have some issues relating to stormwater and curbing. An active owner would immediately improve the site and open up the potential to correct some of these issues. 5. The re-use of this site for an assembly purposes fits with a number of the goals and objectives of the Comprehensive Plan. 6. While the focus of rezoning should be on all potential future users under the 1-1 zoning designation, AOWL's mission and purpose as an educational facility would provide additional learning opportunities in the City. Financial Or Budget Considerations As mentioned in the accompanying memo, most uses eligible in the Institutional Zoning District (schools, places of worship) can be eligible for tax exempt status if certain requirements are met. While the lots are currently vacant, the shift in use could impact overall tax base. Recommended Action Motion to adopt Ordinance #697, Amending the Zoning Map to change the zoning designation for 8810 101" Ave N, 915 Boone Ave N, and 1021 Boone Ave N from Industrial to Institutional Sub-district 1-1. This rezoning action should be contingent on the necessary approvals from the Metropolitan Council. Supporting Documents • Memo to the Planning Commission dated October 26, 2020 (6 pages) • Current Zoning Map (1 page) • Ordinance #697 (1 page) city 0f golden MEMORANDUM valley Planning Department 763 593 8095/763 593 8109(fax) Date: October 26, 2020 To: Golden Valley Planning Commission From: Myles Campbell, Planner Subject: Informal Public Hearing—Zoning Map Amendment for 8810 10th Ave N, 915 Boone Ave N, and 1021 Boone Ave N Property address: 8810 10th Ave N, 915 Boone Ave N, 1021 Boone Ave N Applicant: The Academy of Whole Learning Property owner: McLaughlin Gormley King Co. Zoning District: Industrial (1) Lot size: 5.2 Acres Current use: Industrial/Vacant Future land use: Industrial Adjacent uses: Industrial (West, South), Light Industrial (East), Residential (Northeast) a� 9VA47 (� rvPi 2018 aerial photo(Hennepin County) 1 Summary of Request The Academy of Whole Learning (AOWL) is petitioning to amend the Zoning Map to rezone the properties at 8810101"Ave N, 915 Boone Ave N, and 1021 Boone Ave N as Institutional (1-1) instead of the current zoning as Industrial). This request complements a proposed change to the Future Land Use Map to guide the property for Assembly use instead of Industrial use (see accompanying memo). These changes are necessary in order for AOWL to utilize the site as a school, which is a use only permitted in the 1-1 Institutional Zoning Sub-district. The School is hoping to make this site a permanent home for their educational and training programs. Staff Review The City Code does not set forth specific standards for changing a zoning designation, and the City Council—with the input of the Planning Commission— has a great deal of latitude in deciding if the request can be considered to be consistent with the broader zoning map for the City. In making a determination, the City should take into account the purpose of zoning as outlined in the City Code, which is "to regulate land use within the City, including the location, size, use, and height of buildings, the arrangement of buildings on lots, and the density of population within the City for the purpose of promoting the health, safety, order, convenience, and general welfare of all citizens of the City." (Sec. 113-2) The Zoning Chapter includes the following purpose statement for the Industrial Zoning District: The purpose of the Industrial Zoning District is to provide for the establishment of industrial and manufacturing development and uses along with directly related and complementary uses which, because of the nature of the product or character of activity, requires isolation from residential and commercial areas. The Institutional Zoning District has the following purpose: The purpose of the Institutional Zoning District is to establish areas where both public and private institutional uses such as schools, hospitals, parks, golf courses, nursing homes, and public buildings may be located. The following principal uses are listed as being permitted by-right in the Industrial Zoning District: (1) All permitted uses in the Light Industrial Zoning District (2) Lumber yards, including outside storage (3) Building material yards, including outside storage (4) Automobile accessory services, including battery and tire repair and replacement services (5) Blacksmith, repair, machine, or tin shops (6) Animal kennels where animals are customarily kept, boarded, cared for,trained,fed, or bought and sold, as a business (7) General manufacturing uses, including the compounding, assembly, or treatment of articles or materials (8) Hotels and motels 2 (9) Class I restaurants (10) Metal fabrication and assembly (11) Temporary retail sales in accordance with this section (12) Sexually oriented businesses (13) Recycling drop-off facilities; and (14) Distilleries. The following uses are listed as conditional uses in the Commercial Zoning District and may be allowed after review by the Planning Commission and approval by the City Council: (1) All conditional uses as provided for in the Light Industrial Zoning District (2) Car washes (3) Structures and premises for automobile or other motor vehicle sales and showrooms, with incidental accessory service and repair facilities (4) Service stations (5) Bulk storage of gas, fuel oil, chemicals, and other liquid or solid materials which may be considered hazardous or toxic (6) Mortuaries (7) Off-street parking lots for adjacent commercial, light industrial, or industrial uses (8) Outdoor sales including motor vehicle and equipment rental (9) Drive-through retail establishments, such as banks, cleaners, Class II restaurants, and similar uses (10) Unattended business operations, such as vending machines and equipment (11) Temporary structures such as tents or air-supported structures (12) Railroad yards, railroad tracks, and rights-of-way in such yards, railroad shops, round houses, and any other use which shall be for railroads (13) Automobile repair shops, auto body repair and/or painting, and auto cleaning and reconditioning (14) Heliports (15) Child care centers (16) Trade schools or training centers (17) Adult day care centers; and (18) Principal or conditional uses in buildings taller than 45 feet in height. By comparison, the following uses are listed as permitted in the 1-1 Institutional Zoning Sub-district: a. Places of worship b. Schools, public and parochial, excepting colleges, seminaries, and other institutes of higher education C. Essential services, Class 1; and d. Seasonal farm produce sales. In addition to these four uses, Adult Daycare Centers, Child Care Centers, and Heliports are permitted in the 1-1 district by conditional use permit. 3 In comparison, the 1-1 district is much more limited in what would be allowed to locate by-right in the district than the existing industrial zoning. Typically, these institutional uses have a lower amount of negative external impacts compared to industrial uses. Odors, noise, and pollution are not typically a concern with institutional uses, however both schools and places of worship tend to have increased traffic impacts, especially during their peak hours of operation (weekday mornings and evenings for schools, during religious services for places of worship). These two districts also have differences in the types of site restrictions placed upon them. The table below provides a brief comparison of the restrictions regarding principal structures. Requirement Industrial Institutional (1-7 Setbacks Front 35' (75' if facing R-1 or R-2) 35' Side 100'(R-1,R-2); 50'(R-3, R-4, Office, Institutional, MU); 50' 20' (LI, 1, C, Rail ROW) Rear Same as side yard 50' Height Four stories, or 45' Three stories, or 36' Lot Cover 50% max 25% max One challenge in handling this rezoning case versus a case of rezoning to a residential or commercial use, is that typically cities do not have neighborhoods or cores designed around the institutional zoning. There is much clearer justification for rezoning a parcel in the downtown to commercial, or to rezone a parcel to match a surrounding residential neighborhood. In Golden Valley, institutional uses are spread throughout the city, with visible clusters around the city offices and the area including Meadowbrook and Breck schools. In considering this rezoning then, it is important to differentiate this action from spot zoning. The attached memorandum from the City Attorney discusses the concept of spot zoning and concludes that the City may choose to rezone the property in a manner that does not conform to the Comprehensive Plan, even when the rezoning is inconsistent with some of the surrounding uses, provided the decision is supported with a factual record that shows the decision was not arbitrary and capricious and was reasonably related to the promotion of public health, safety, morals, and general welfare. In this case, while the site is not surrounded by other institutional uses, the City many choose to grant the rezoning request, provided there are adequate factual findings in the record to support the decision. Some examples of factual findings that would support a decision to rezone include: • Findings linking the rezoning to beneficial changes to the social or economic fabric of the area. • Findings that rezoning the property would create an appropriate transitional area between the City's downtown area and the industrial properties to the west, as well as the residential uses to the north. 4 • Findings that the rezoning is unlikely to significantly impact the value of the abutting properties. Given staff's review, and weighing the opportunities and challenges provided by a change in zoning, the following findings from staff are made in support of rezoning the parcels in question to an institutional designation: 1. While zoned industrial or light industrial, staff review shows that the majority of surrounding uses are general offices, service-based commercial, and retailers, with relatively few heavy industrial users. This helps assuage any concerns from staff about the industrial impact (noise, pollution, odor, etc.) on the assembly use. a. Given that the area to the east may be reexamined in the future as the downtown redevelops, it is also not unlikely that existing industrial properties may be rezoned to Light Industrial or Mixed Use, which would produce fewer negative external impacts. 2. While a traffic analysis may be necessary to fully anticipate traffic impacts, engineers note that surrounding roads have the capacity for the type of peak-hour traffic generated by assembly uses. a. Access off of both 1011 and Boone should improve site circulation by vehicles and provide some options to the school in order to avoid impacting the residential neighborhoods to the north. 3. Given its location in between industrial uses to the south and west, residential to the north, and the downtown to the east, this site could potentially be well served as an institutional property and provide a smoother transition of uses and intensities. 4. The properties are currently vacant, and portions of the parking lot have some issues relating to stormwater and curbing. An active owner would immediately improve the site and open up the potential to correct some of these issues. 5. As noted in the accompanying memo on the site's land use change, the re-use of this site for an assembly purposes fits with a number of the goals and objectives of the Comprehensive Plan. 6. While the focus of rezoning should be on all potential future users under the 1-1 zoning designation, AOWL's mission and purpose as an educational facility would provide additional learning opportunities in the City. Recommended Action Based on the findings above, staff recommends approval of the requested amendment to the Zoning Map, changing the zoning designation for 8810 101"Ave N, 915 Boone Ave N, and 1021 Boone Ave N from Industrial to Institutional Sub-district 1-1. Attachments: City Attorney Memo on Spot Zoning (2 pages) Current Zoning Map (1 page) 5 v o v _ d aP!s° w !d e1ANCD o ; -- a $� Westwood D ° .` O�Ft �nle r v 40./0te _ - : A f IN �= - - T�aAd N any emel A,y pTJ XalleA uudg _ G�c ad A > 74N3ny!!enp to to U CL 0 t u868N - i� �� - - - I Ja6uy �p o!a6uy T u Iaulloptl + ---'� + r�/ L--- --- - A �, o K ' m —Uaee g7ha a Id sll!M 0O/a6 IIII d - - - N any°Pel°l of- - - - -- v a„ N any opalol y ---� � -z - - - - - - - - - - o Goo °o �'\ 1X�� NIeAV w� _ - - U 7% E. Nantl�(l!of u u n �a I� O A mimimivaNafl'wmm2, -,r 0 L H OOL RMH ° z eAveN u, 3 x a Nan awoo a M �.° panel 1 X o n 04 � m w lid z:� c u oo\oM N c 1l U an a iwaso Q v z to neA6 �� - a �- if ca I.ww i R NenyIounsuru9 c 2 IS M ry!j aauelsuo� I- ..+-��_. nta e Rd -T Y W ! O U t X ZOL PLI lunoo jQ se! nod ; ZoL pH Rlunoo a sel6noa J c N-AV 0 4 -0 21 pooMafip3i !t ---4i `O J t y Florida Ave N - - - N eAV eP1JOId t It, I� 2 ! O ' ji- N any aj!ysdwLH N anyeJ!ys weH >=v o / � cgs a ' M o e Ln a N t N - i v o ORDINANCE NO. 697 AN ORDINANCE AMENDING THE CITY CODE CHAPTER 113 Rezoning Certain Properties at 10th Ave N and Boone Ave N The City Council for the City of Golden Valley hereby ordains: Section 1 . City Code chapter 113 entitled "Zoning" is amended in Section 113-55 Subd. (b) by changing the zoning designation of certain tracts of land from Industrial (1) to Institutional Sub-District 1 (1-1): 8810 10th Ave N 915 Boone Ave N 1021 Boone Ave N Section 2. City Code Chapter 1 entitled "General Provisions" and Sec. 1-8 entitled "General Penalty; Continuing Violations" 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 17th day of November, 2020. Shepard M. Harris, Mayor ATTEST: Theresa J. Schyma, City Clerk EXECUTIVE SUMMARY Fire 763-593-8079 / 763-593-8098 (fax) Golden Valley City Council Meeting November 17, 2020 Agenda Item 6. A. Second Consideration -Amendment to City Code relating to the crime free and disorderly conduct sections of Chapter 16, Article III, Rental Housing Licensing. Prepared By Ted Massicotte, Deputy Fire Chief Summary At the October 13, 2020, Council/Manager meeting, staff presented Council with proposed amendments to Chapter 16, Article III of the City Code to amend and remove sections relating to crime and disorderly conduct at rental properties. These types of ordinances, known as "crime free housing ordinances, are concerning to fair housing advocates as they unfairly target renters, treating them differently than homeowners; discourage tenants from seeking emergency assistance for fear of being evicted from their homes; and, typically, disproportionately affect people of color since a larger percentage of people of color rent their homes compared to white people. Additionally, according to City records these sections have never been used in Golden Valley since they were adopted. This is the second consideration of this ordinance. The first consideration was adopted on November 4, 2020. Financial or Budget Considerations None Recommended Action Motion to adopt Second Consideration of Ordinance No. 694, Amendment to City Code Relating to the Crime Free and Disorderly Conduct Sections of Chapter 16, Article III, Rental Housing Licensing Supporting Documents • Proposed redline of City Code, Ch. 16, Art. III, Rental Housing Licensing (7 pages) • Ordinance No. 694, deleting City Code sections 16-56(i), 16-57, 16-58, and amending sections 16- 54, 16-55, 16-56(c), 16-56(d) 16-56(h), 16-59(a) ARTICLE III. - RENTAL HOUSING LICENSING Sec. 16-53. - Purpose. It is the purpose of this article to provide minimum standards to safeguard life, limb, health, property and public welfare by regulating and controlling the use and occupancy, construction and maintenance of all residential rental units, buildings and structures within the City. The provisions contained herein are in addition to other applicable provisions of the City Code and not in lieu thereof. (Code 1988, § 6.29(1)) Sec. 16-54. -Scope. The provisions of this article shall apply to all rental dwellings, including rented single-family homes, rented duplexes and rental dwellings within owner-occupied buildings, as well as to rented condominiums, rented townhouses and leasehold cooperative dwelling units, as those terms are defined in Minn. Stat. § 273.124, subd. 6, Minn. Stat. ch. 515A, and this article. (Code 1988, § 6.29(2)) Sec. 16-55. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Annual Renewal Date:The date each year by when a rental license must be renewed, according to the schedule of fiscal years for rental licenses and fees established by the City Council pursuant to Section 16-24. The City Council may establish a different annual renewal date for different types of rental dwellings and/or types of building in which rental dwellings may be located (e.g., single-family homes, duplexes, townhomes, condominiums, homes with services, etc.). Apartment Building:A building in which four or more rental dwellings are located and all such rental dwellings are owned by the same owner. Code Official:The City Manager or h+s'he+their designee— Dwelling Unit:A single dwelling space providing independent living facilities for one or more persons, including permanent provisions for sleeping, eating, cooking, and sanitation. Operate:To charge a rental charge or other form of compensation for the use of a rental dwelling. Owner. The person owning or holding title to a rental dwelling as determined by an examination of record title to the property at the office of the County Recorder- Registrar of Titles. If more than one person owns or holds title to an individual rental dwelling, such persons shall collectively be an owner for purposes of this article. Qualifying Relative:Spouse, parent, child, sibling, grandparent, grandchild, aunt, uncle, niece or nephew. The relationship may be either by blood or marriage. The Code Official may require sufficient written proof to establish whether someone is a qualifying relative. Person:A natural person or legal entity. Property Manager:A person authorized to manage and/or operate a rental dwelling on behalf of an owner. Renewal License:A rental license that is a renewal of an existing rental license granted under this article, which renewal is granted to the same owner and for the same rental dwelling as the existing rental license. Rental License:The license required under this article, including any renewal thereof. Rental Dwelling:A dwelling unit in the City to which a tenant has been granted the right to use. A rental dwelling includes accessory structures such as garages and storage buildings and appurtenances such as sidewalks and retaining walls which are on the premises on which a rental dwelling is located. Tenant:Any person granted temporary use of a rental dwelling, other than the owner of the dwelling unit and/or qualifying relative of that owner, pursuant to a lease or other agreement, whether or not reduced to writing. (Code 1988, § 6.29(3)) Sec. 16-56. - License Required. (a) When Required. (1) No person shall operate a rental dwelling unless the owner thereof shall have first obtained a rental license for such rental dwelling as provided for in this article. Any rental license received under this article shall commence upon the date of issuance and, unless revoked or suspended, shall remain valid until the next applicable annual renewal date, provided no rental license shall extend for more than a 12-month period. A person who is operating a rental dwelling after the rental license has expired is operating an unlicensed rental dwelling. (2) Exceptions: a. A rental dwelling is not subject to this article if it is within a hotel, motel, hospital or a nursing home, assisted living, and other residential facilities or portions thereof licensed and inspected by the State for compliance with State building or fire codes or the City of Golden Valley Property Maintenance Code. A rental dwelling within any of the following types of facilities is subject to this article unless the facility has a facility license issued by the State and is inspected by the State for compliance with State building or fire codes or the City of Golden Valley Property Maintenance Code: group homes, independent living facilities, assisted living facilities, board and lodging homes, and other residential facilities or portions thereof, including those facilities that provide support services for their residents or that receive program reimbursement or financial assistance. b. A room temporarily leased to a natural person within a dwelling unit while the owner of that dwelling unit resides in the dwelling unit shall not be subject to this article, provided no more than three persons shall so lease a room within a dwelling unit at one time. (b) What the Rental License Covers. There shall be one rental license for each rental dwelling, provided when a building on a single premises contains two or more rental dwellings and all the rental dwellings within such building are owned by the same owner, only one rental license shall be required for such building. The City shall have authority to exercise its licensing powers under this article, including the power to issue, renew, deny, revoke, and suspend rental licenses, with respect to an entire building or only a portion of a building. (c) Fees. There shall be annual license fee for each rental license. Such fee shall be in the amount established by the City Council pursuant to Section 16-24. There shall be no proration of rental license fees for a rental license that extends for less than 12 months. The amount of the rental license fee may vary based on the type of rental dwelling, the type of building in which the rental dwelling is located, the number of rental dwellings located in the building that is the subject of a rental license, and the owner or property manager's participation in the STAR program (or similar program) as provided in paragraph (h) of this section. There shall be no fee charged for an initial inspection to determine the existence of any violations of the City Code at a rental dwelling. The City Council shall establish a fee for any reinspections necessary to determine whether identified violations have been corrected, to restore a rental license that has been revoked or suspended, or for any other reason a reinspection may be required under this article. The Code Official may waive the reinspection fee in event of an error or other reasonable cause determined by the Code Official, including extension of time granted for compliance. (d) Application. Application for a rental license shall be made in writing on forms promulgated by the Managep 9F his/her desinneeCode Official and accompanied by the fee amount. In the case of a license renewal, such application shall be submitted at least 30 days prior to the expiration date of the then-existing rental license. If the application for a license renewal is not received by the City at least 30 days prior to the expiration date of the existing rental license, the applicant shall pay a late fee in the amount established by the City Council. The Code Official may waive the late fee in event of an error or other reasonable cause determined by the Code Official. All applications shall specify the following: (1) Name, address, and telephone number of the owner of the rental dwelling, including name of the contact person if the owner is a legal entity. (2) Name, address, and telephone number of any property manager actively managing said rental dwelling. (3) Name and address of the vendee if the rental dwelling is owned or being sold on a contract for deed. (4) Legal address of the rental dwelling. (5) Number of rental dwellings that are the subject of the application if the application involves a building in which two or more rental dwellings are located and all such rental dwellings are owned by the same owner. (6) Name, address and telephone number of on-site operating manager, if any. (7) Any other information requested by the Code Official to establish compliance under this article. (8) If the owner identified in the application is a legal entity, the applicant shall submit, upon request of the Code Official, the name and address of all partners, shareholders or interest holders. (e) Inspections Required. Each rental license application and rental license is at all times subject to the Code Official's right to inspect the affected rental dwelling to determine whether it is in compliance with the City Code and State law. The Code Official shall determine the schedule of periodic inspections. Inspections may include all common areas, utility and mechanical rooms, garages, exterior of structures and exterior property areas. (f) Access for Inspection. No rental license shall be issued under this article unless the owner of the rental dwelling agrees to permit inspections, upon reasonable notice from the Code Official to the owner, to determine compliance with the City Code and State law. The submission of a rental license application or the possession of a rental license issued by the City shall constitute such agreement by the owner identified in the application or on the rental license. Each tenant shall grant access to any part of its rental dwelling at reasonable times for the purpose of effecting inspection, maintenance, repairs or alterations as are necessary to comply with the provisions of this article. If any owner, owner's agent, property manager or tenant fails or refuses to permit entry to a rental dwelling under its control for an inspection pursuant to this article, the Code Official may pursue any remedy at law or under the City Code, including, but not limited to, securing an administrative search warrant for the rental dwelling, issuing an administrative citation, denying a rental license application, revoking or suspending a rental license, or denying a renewal license. Without limiting the foregoing, should an owner, owner's agent, or property manager fail to keep a scheduled inspection without reasonable cause or refuse to permit entry to the rental dwelling, a reinspection fee may be charged. (g) Resident Agent Required. No rental license shall be issued for a rental dwelling unless: (1) The owner thereof resides within the Counties of Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, Washington, Sherburne or Wright; or (2) The owner designates in writing an agent or property manager residing or located within such counties who is responsible for maintenance and upkeep of the rental dwelling and who is authorized to provide the Code Official access to the rental dwelling, to receive service of notice of violations of the City Code, to receive orders from the Code Official and to institute remedial action to effect such orders and to accept all service of process pursuant to law. (h) Grime-Free Landlord Training. An owner or property manager w#athat owns or manages more than one rental dwelling in the city MUSt nmmPlefe a prime_free fminingmay qualify for a discounted license fee by participating in the Safer Tenant and Rental (STAR) program (or similar program) approved by the City' PORSOR who 'S ROt required tO GOMPlete this training PUA-;I-IaAt to- the foregoing and that FA-Atal dvvelling Council. Feenewalf9- a rental dAA.98lling even6Iferf afFer Ianllan/ 1 201 7?hall nnnfoin the fnllnniinn the PFGMM;se;s. tenant shall nnf nermif the ronfol fe he used fnr r fe fanilifafe illegal anfivity, anfivify is a member of the hni isehnbJ nr a guest tGAaAt shall RE)t @Rgage 'A the I-IRIEW.A.44-11 M a A I-IfaGW Fong, selling, using, steFing, keeping, 9F [21 I ICI•` 902]) n r the n 84. ViOlatiA—A of the above provisions shall h-e- -a Material and irreparable ViOlatiAM of the lease an4- g E)ed n e fnr immediate termination of fenann.. ndFug Felated illegal aGtiVity" FRA—ARS-3 the illegal manufaGWFG, sale, distFibution, use, d-GfinerJ in C`entlnn 10:2 nffhe (`nnfrnllerf SIlhstanne Onf [21 I IQ(` 902]) the lease anrf rfn nnf limit nr renlane any other pmvisinns i) Reserved. Q) Posting. All apartment buildings shall post the rental license issued for that building. The rental license shall be conspicuously posted (in a frame with a glass covering), in a common area, hallway or lobby. All other rental dwellings shall have a copy of the rental license on the premises. (k) Applicable Laws. Rental licenses shall be subject to the applicable provisions of the City Code and State law relating to rental dwellings. (1) Transfer of License. No rental license under this article is transferable: (1) If any owner holding a rental license transfers ownership or legal control of the rental dwelling that is the subject of the rental license (2) If the owner appoints or changes the agent required under Subsection (g) of this section; and/or (3) If the owner authorizes a property manager to manage the rental dwelling (other than a property manager identified in the application for the rental license), then the owner shall provide the Code Official written notice of such event within 72 hours thereafter. Such notice shall include, as applicable: a. The name and address of the person succeeding to the ownership or control of such rental dwelling b. The name and address of the appointed agent; and c. The name and address of the authorized property manager. Any new owner shall apply for a new rental license within three days after its acquisition of the rental dwelling. (Code 1988, § 6.29(4)) Sec. 16-57. -reRde„est o^ I; od Premises Reserved. (1) Minn. Sta,tts. §§ 6909.75 through 6909 769 and Ortinlo XV of this h FWhinh prohibit gambling (2) MinT^STaTs� G2�3'1 th�r Fouugrhi 6909.324 eihinh nrnhihi#IS PFnP;Stit61tinn anrt antis -ola�ng tho�op (3\ Minn. §§ 152.01 through 1152.025 and 152.027, subds. 1 and2Whinh nrnhihit the uplay.fful salo or nossossion of nontrollori shsta nnos (4) Mi�ciaa-ts. C 340 nn1 nihinh nroh0hit1._; the n�la�n,f��alo of alnoholin bey@Fages (5\ Mi�ciaa-ts. C 2400 503 nihinh nroh0hit1._; the u ge use of olnnhnlin bey@Fages (62\ Minn. # C 6 09 77 and Sertinn 10 1 7 d 1R_A hinh rnhihi# di rriorly TAT rrr— S. Sir— ra-Ncr-r�r��v,r^prvrrrvrcS�rsvB,�-crrr ro nrtiint yVhon the Violation distiirhs the peaGe and quiet of the nnniinants of at least nno An it nn the IinonrJn r@mrri - n ether n mid other than the unit nnn-61niorJ by the PeFSeR mit+inn the . ela+inn• and (7) Minn Ctats §§ 97E3.021, 97R 045 609.66 through 609.67 anri 624.712 hroiigh 64.74- hinh prohibit the uplay.40 pessessNn�Tsporta#inn solo or Use of a weapon Sec. 16-58. - ^i.-9FdeFI.,(;91Rd,,C+WAl-.+io^ Reserved. 504B205, s6lb-d. 24. It s8hall not ho n ^ossar„ that ^riminal ^haFges be bFought to support events ef diSeFdGFIY GenE]uGt at a rental dwelling with a 36 menth peFied, the GeGIG OffiGial shall send i#niren warning to the eWAAr of si inh rental dwelling notifying the n�niner that- (1) if them is an additienal event ef diseFdedy GenduGt at the identified Fental dwelling within the ry reynna#inn, s en s pension nn n_reVnial OF rienial of a rental Ilnense (2) Within 10 days afteF the Gede OffiGal's issuaRGe ef the wFitten waming, the ewneF shall submit te token and prnpnsed to be token by the n r to proven# fiirkher diseFdedy nnnri11nt at the identifier! rental dwelling (3) Within 20 days after the aGGeptanGP-- of the Management plan by the Code Offir--mal aAd- the Relir-e- Deparkment the n\nlner droll implement all the prnvisinns of the management plan; and (4) if the ewneF fails te Submit eF implement a management p! d, SUGh failum shall 0RGludirrng the reynnatinn, s en spensinn nn n_reVnial OF rienial of a rental Ilnense mvrmz , (d) If th@ 9WROF fails to pFevide 9F implement a management plan within the peFied r4eqwiFed, 9F th@Fe is aR- fa ilre shall he a violation - dt;rthis article Sec. 16-59. - Revocation or Suspension of Rental License. (a) In addition to its powers under Section 16-23, the City Council may revoke, suspend, deny or decline to renew any rental license applied for or issued under this article based on any of the following circumstances: (1) The rental license was procured by misrepresentation of material facts with regard to a rental dwelling or the ownership of a rental dwelling. (2) The applicant, or one acting in the applicant's behalf, made oral or written misstatements accompanying the application. (3) The applicant has failed to comply with any condition set forth in any other permits/licenses granted by the City. (4) The activities of the owner create or have created a danger to the public health, safety or welfare. (5) The rental dwelling, the building of which such dwelling is a part, or any portion thereof, contains conditions that might injure, or endanger the safety, health or welfare of any member of the public. (6) Failure to correct violations of the City's Property Maintenance Code in the time period specified in the notice of violation and correction. (7) Failure to continuously comply with any condition required of the applicant for the approval or maintenance of the rental license. 49 Q Any other violation of this article. (b) Prior to any revocation, suspension, denial or declination by the City Council under this article, the Code Official shall send written notice to the owner specifying the ordinance or law violations with which they are accused and the affected rental dwelling. The notice shall also specify the date for the hearing before the City Council, which shall not be less than 10 days from the date of the notice. At the hearing before the City Council, the owner or their representative may submit and present evidence on their behalf. After the hearing, the City Council may revoke, suspend, deny or decline to renew the rental license. (c) If the affected rental dwelling is within a building containing more than one rental dwelling owned by the same owner, the revocation, suspension, denial or declination may apply to one or more rental dwellings within that building, at the discretion of the City Council. (d) If a rental license is suspended, revoked or not renewed pursuant to this article, then until such time as a valid rental license has been restored it shall be unlawful for the owner to thereafter permit any occupancy of the formerly licensed rental dwelling by a tenant. The affected rental dwelling shall be vacated by all tenants, giving tenants a reasonable time to arrange new housing and to move their possessions. (e) Rental licenses may be suspended for up to 120 days and may, after the period of suspension, be reinstated subject to compliance with this article and any conditions imposed by the City at the time of suspension. Rental licenses that are revoked shall not be reinstated for a period of up to 120 days and until the owner has applied for and secured a new rental license and complied with all conditions imposed at the time of revocation and all applicable sections of the City Code. (Code 1988, § 6.29(7)) Sec. 16-60. - Maintenance Standards. Every rental dwelling shall be maintained in accordance with the minimum standards set forth in State law and the City Code, in addition to any other permits issued by the City or by the State. (Code 1988, § 6.29(8)) Sec. 16-61. -Conflicts. Where there are conflicts between this article and any other provision of the City Code or other State or Federal laws, regulations, or rules, the more restrictive shall govern. (Code 1988, § 6.29(9)) Sec. 16-62. - Enforcement. The Code Official is hereby authorized and directed to enforce all of the provisions of this article and all the provisions of the City's Property Maintenance Code with respect to rental dwellings. (Code 1988, § 6.29(10)) Sec. 16-63. -Owner and Tenant Responsibilities. (a) Owner. (1) Owners of rental dwellings shall construct and maintain said dwellings in accordance with the requirements of the City Code. (2) No person shall lease to another for occupancy any rental dwelling which does not comply with the applicable fire prevention provisions of the City Code. (b) Tenant. (1) Each tenant of a rental dwelling shall keep in a clean and sanitary condition that part of the dwelling and related premises which that person occupies or controls. (2) No person shall occupy any rental dwelling which does not comply with the applicable fire prevention provisions of the City Code. (Code 1988, § 6.29(i l)) Sec. 16-64. - Notices and Orders of Code Official. (a) Notice. Whenever the Code Official determines that a rental dwelling, a building of which such dwelling is a part, or any portion thereof violates any section of the City Code or that there are reasonable grounds to believe that a violation exists, notice shall be given in the manner set forth in Section 107 of the City's Property Maintenance Code, provided in all instances such notice shall also be provided to the applicable owner, if such Section 107 does not require such notice to be sent to the owner. (b) Emergency Orders. Whenever the Code Official finds that an emergency exists in relation to the enforcement of the provisions of this article which requires immediate action to protect the health, safety or welfare of occupants of any rental dwelling, a building of which such dwelling is a part, or any portion thereof, the Code Official may issue an order reciting the existence of such emergency and requiring that such action be taken as deemed necessary to meet the emergency, notwithstanding any other provision of this article. (Code 1988, § 6.29(12)) Sec. 16-65. -Administrative Citation. The Code Official may issue one or more administrative citations under Section 1-9, to enforce any provision in this article and, in addition to imposing monetary fines, such citations may require corrective actions. (Code 1988, § 6.29(13)) Sec. 16-66. -Appeal Process. Any person directly affected by an administrative citation, decision or order issued by the Code Official pursuant to this article shall have the right to appeal to a hearing officer in an administrative hearing as provided for in Section 2-4. The City Council may establish by ordinance a fee that must accompany any such appeal under this article. (Code 1988, § 6.29(14)) Sec. 16-67. - No Warranty By City. By enacting and undertaking to enforce this article of the City Code, neither the City nor its Council, agents, or employees warrant or guaranty the safety, fitness or suitability of any rental dwelling or dwelling unit in the City and any representation to the contrary by any person is a misdemeanor. Owners, their agents, property managers and tenants should take whatever steps they deem appropriate to protect their interests, health, safety and welfare. (Code 1988, § 6.29(15)) Sec. 16-68. -Violation a Misdemeanor. Every person who violates a section, paragraph or provision of this article when such person performs an act thereby prohibited or declared unlawful or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. (Code 1988, § 6.29(16); Ord. No. 564, 2nd Series, 7-31-2015) Secs. 16-69-16-94. - Reserved. ORDINANCE NO. 694 AN ORDINANCE AMENDING THE CITY CODE Amending Chapter 16, Article III — Rental Housing Licensing The City Council of the City of Golden Valley hereby ordains as follows: Section 1 . City Code Chapter 16, Article III, Section 16-54 is amended to read as follows: Sec. 16-54. - Scope. The provisions of this article shall apply to all rental dwellings, including rented single- family homes, rented duplexes and rental dwellings within owner-occupied buildings, as well as to rented condominiums, rented townhouses and leasehold cooperative dwelling units, as those terms are defined in Minn. Stat. § 273.124, subd. 6, Minn. Stat. ch. 515A, and this article. Section 2. City Code Chapter 16, Article III, Section 16-55 is amended to read as follows: Sec. 16-55. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Annual Renewal Date: The date each year by when a rental license must be renewed, according to the schedule of fiscal years for rental licenses and fees established by the City Council pursuant to Section 16-24. The City Council may establish a different annual renewal date for different types of rental dwellings and/or types of building in which rental dwellings may be located (e.g., single- family homes, duplexes, townhomes, condominiums, homes with services, etc.). Apartment Building: A building in which four or more rental dwellings are located and all such rental dwellings are owned by the same owner. Code Official: The City Manager or their designee. Dwelling Unit: A single dwelling space providing independent living facilities for one or more persons, including permanent provisions for sleeping, eating, cooking, and sanitation. Operate: To charge a rental charge or other form of compensation for the use of a rental dwelling. Owner: The person owning or holding title to a rental dwelling as determined by an examination of record title to the property at the office of the County Recorder - Registrar of Titles. If more than one person owns or holds title to an individual rental dwelling, such persons shall collectively be an owner for purposes of this article. Qualifying Relative: Spouse, parent, child, sibling, grandparent, grandchild, aunt, uncle, niece or nephew. The relationship may be either by blood or marriage. The Code Official may require sufficient written proof to establish whether someone is a qualifying relative. Person: A natural person or legal entity. Property Manager: A person authorized to manage and/or operate a rental dwelling on behalf of an owner. Renewal License: A rental license that is a renewal of an existing rental license granted under this article, which renewal is granted to the same owner and for the same rental dwelling as the existing rental license. Rental License: The license required under this article, including any renewal thereof. Rental Dwelling: A dwelling unit in the City to which a tenant has been granted the right to use. A rental dwelling includes accessory structures such as garages and storage buildings and appurtenances such as sidewalks and retaining walls which are on the premises on which a rental dwelling is located. Tenant:Any person granted temporary use of a rental dwelling, other than the owner of the dwelling unit and/or qualifying relative of that owner, pursuant to a lease or other agreement, whether or not reduced to writing. Section 3. City Code Chapter 16, Article III, Section 16-56(c) is amended to read as follows.. (c) Fees. There shall be annual license fee for each rental license. Such fee shall be in the amount established by the City Council pursuant to Section 16-24. There shall be no proration of rental license fees for a rental license that extends for less than 12 months. The amount of the rental license fee may vary based on the type of rental dwelling, the type of building in which the rental dwelling is located, the number of rental dwellings located in the building that is the subject of a rental license, and the owner or property manager's participation in the STAR program (or similar program) as provided in paragraph (h) of this section. There shall be no fee charged for an initial inspection to determine the existence of any violations of the City Code at a rental dwelling. The City Council shall establish a fee for any reinspections necessary to determine whether identified violations have been corrected, to restore a rental license that has been revoked or suspended, or for any other reason a reinspection may be required under this article. The Code Official may waive the reinspection fee in event of an error or other reasonable cause determined by the Code Official, including extension of time granted for compliance. Section 4. City Code Chapter 16, Article III, Section 16-56(d) is amended to read as follows: (d) Application. Application for a rental license shall be made in writing on forms promulgated by the Code Official and accompanied by the fee amount. In the case of a license renewal, such application shall be submitted at least 30 days prior to the expiration date of the then-existing rental license. If the application for a license renewal is not received by the City at least 30 days prior to the expiration date of the existing rental license, the applicant shall pay a late fee in the amount established by the City Council. The Code Official may waive the late fee in event of an error or other reasonable cause determined by the Code Official. All applications shall specify the following: Section 5. City Code Chapter 16, Article III, Section 16-56(h) is amended to read as follows: (h) Landlord Training. An owner or property manager that owns or manages more than one rental dwelling in the city may qualify for a discounted license fee by participating in the Safer Tenant and Rental (STAR) program (or similar program) approved by the City Council. Section 6. City Code Chapter 16, Article III, Section 16-56(i) entitled "Crime Free/Drug Free Lease Addendum Requirements" is repealed in its entirety and is reserved for future use. Section 7. City Code Chapter 16, Article III, Section 16-57 entitled "Conduct on Licensed Premises" is repealed in its entirety and is reserved for future use. Section 8. City Code Chapter 16, Article III, Section 16-58 entitled "Disorderly Conduct Violations" is repealed in its entirety and is reserved for future use. Section 9. City Code Chapter 16, Article III, Section 16-59(a) is amended to read as follows: Sec. 16-59. - Revocation or Suspension of Rental License. (a) In addition to its powers under Section 16-23, the City Council may revoke, suspend, deny or decline to renew any rental license applied for or issued under this article based on any of the following circumstances: (1) The rental license was procured by misrepresentation of material facts with regard to a rental dwelling or the ownership of a rental dwelling. (2) The applicant, or one acting in the applicant's behalf, made oral or written misstatements accompanying the application. (3) The applicant has failed to comply with any condition set forth in any other permits/licenses granted by the City. (4) The activities of the owner create or have created a danger to the public health, safety or welfare. (5) The rental dwelling, the building of which such dwelling is a part, or any portion thereof, contains conditions that might injure, or endanger the safety, health or welfare of any member of the public. (6) Failure to correct violations of the City's Property Maintenance Code in the time period specified in the notice of violation and correction. (7) Failure to continuously comply with any condition required of the applicant for the approval or maintenance of the rental license. (8) Any other violation of this article. Section 10. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 17th day of November, 2020. Shepard M. Harris, Mayor ATTEST: Theresa J. Schyma, City Clerk EXECUTIVE SUMMARY City Administration 763-593-8006 / 763-593-8109 (fax) Golden Valley City Council Meeting November 17, 2020 Agenda Item 6. B. Second Consideration of Ordinance No. 695 Amending City Code, Section 18-2 Disorderly Conduct Prepared By Maria Cisneros, City Attorney Jason Sturgis, Police Chief Nicole Appelbaum, Chestnut Cambronne Summary In looking at the Crime Free Housing Ordinance, staff noticed that the current disorderly conduct ordinance (City Code § 18-2) contains some ambiguities and overlap with state statute. Staff discussed the ordinance with the City Prosecutor, Chestnut Cambronne, and recommends making the following changes to the ordinance: • Remove paragraphs 1, 4, 5, 8 and 9 because they overlap with existing state statute. • Broaden the language in paragraph 2 to include additional bodies of water in Golden Valley. • Modify the language in paragraph 3 to simplify the section, and to add the requirement that the offending conduct occur in a place in which it could be observed by a member of the public. • Modify paragraph 6 so that it applies to sound on public and private property and to clarify the standard of conduct. • Modify paragraph 7 to add lasers and strobe lights, and change the standard from "annoy or endanger" to "disturb or endanger." This is the second consideration of this ordinance. The first consideration was adopted on November 4, 2020. Financial Or Budget Considerations None Recommended Action Motion to adopt Second Consideration of Ordinance #695 deleting City Code section 18-2: Disorder Conduct—Generally in its entirety and replacing it with a new section 18-2. Supporting Documents • Proposed redline of City Code, section 18-2 with underline/overstrike (1 page) • Ordinance 695 deleting City Code, section 18-2 in its entirety and replacing it with a new section 18-2. Sec. 18-2. - Disorderly Conduct—Generally. It is unlawful for any person, in a public or private place, knowing, or having reasonable grounds to know, that it will, or will tend to, alarm, anger or disturb others or provoke any assault or breach of the peace, to do the following: ji Knowingly engage on, offer, or attempt to engage On, aid er assist another to engage nherently likely to provoke a vielent rear--teen nx tend to inr__ete an immediate of 04e- Peaee (2) Whether or not posted with signs so prohibiting, voluntarily enter, from public property or the property of another without consent, the waters of any river, lake, creek, pond, or public swimming pool at any time when said waters are not properly supervised by trained life- saving personnel in attendance for that purpose, or enter such waters without being garbed in a bathing suit sufficient to cover histhe their person and equal to the standards generally adopted and accepted by the public_ (3) Urinate or defecate on any public street, alley, sidewalk or floor of any public building or of any building where the public gathers or has access, or in any other place, whether public or private, where such act could be observed by any member of the public, except in such place that has been designated as a rest room. i^ ^1�^0 ^+hor+►,�,: p. If P.A. the p,�ateP;a,QeFty ^�—Gf arRGtheF, theR OR a n16imhiRg fiv+iiFe nr^',id-e-d- 49P t uc P61FPGSe; GIr _(4) 1=9 k, peer, Peep i^+^ aRy Wi^dew, deer, skylig,+�heF GpeRi g OR a;vase, rector (6) Use a sound amplifier upon streets and public property without prior written permission from the City, or on any private property in a manner knowing or having reasonable grounds to know, that it will, or will tend to, alarm, anger or disturb others or provoke any assault or breach of the peace. (7) Use a flashlight, laser, strobe light, or spotlight in a manner so as to a Rey-disturb or endanger others In^�+o.J +horonn , , Premises e)(G-ept ORtG FeeepfacleS PFev+ded SHIGh P61FPGSe; (1 9)Fi Rter aRy,meter veh it-,le-gather vVmat the ^{+she-ev.tpel:AX e,Qe r (Code 1988, § 10.60) ORDINANCE NO. 695 AN ORDINANCE AMENDING THE CITY CODE Deleting Chapter 18, section 18-2: Disorderly Conduct—Generally, and replacing it with a new section 18-2: Disorderly Conduct—Generally The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 18, section 18-2: Disorderly Conduct—Generally is hereby deleted in its entirety and replaced with the following: Sec. 18-2. Disorderly Conduct—Generally It is unlawful for any person, in a public or private place, knowing, or having reasonable grounds to know, that it will, or will tend to, alarm, anger or disturb others or provoke any assault or breach of the peace, to do the following: (1) Whether or not posted with signs so prohibiting, voluntarily enter, from public property or the property of another without consent, the waters of any river, lake, creek, pond, or public swimming pool at any time when said waters are not properly supervised by trained life- saving personnel in attendance for that purpose, or enter such waters without being garbed in a bathing suit sufficient to cover their person and equal to the standards generally adopted and accepted by the public. (2) Urinate or defecate on any public street, alley, sidewalk or floor of any public building or of any building where the public gathers or has access, or in any other place, whether public or private, where such act could be observed by any member of the public, except in such place that has been designated as a restroom. (3) Use a sound amplifier upon streets and public property without prior written permission from the City, or on any private property in a manner knowing or having reasonable grounds to know, that it will, or will tend to, alarm, anger or disturb others or provoke any assault or breach of the peace. (4) Use a flashlight, laser, strobe light, or spotlight in a manner so as to disturb or endanger others Section 2. City Code Chapter 1 entitled "General Provisions" and Sec. 1-8 entitled "General Penalty; Continuing Violations" are hereby adopted in their entirety, be 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 17th day of November, 2020. Shepard M. Harris, Mayor ATTEST: Theresa J. Schyma, City Clerk city EXECUTIVESUMMARY 1 d e .go Administrative Services 763-593-8013 / 763-593-3969 (fax) Golden Valley Council Manager Meeting November 17, 2020 Agenda Item 6. C. First Consideration of Ordinance No. 698 Establishing A 2021 Master Fee Schedule Prepared By Sue Virnig, Finance Director Summary First consideration of the master fee schedule will be presented by staff at this meeting. Council has reviewed these rates with the proposed budget presentation as well as the Council Manager meeting on November 10, 2020. This schedule shows the approved rates for 2020 and changes to 2021 rates by using red highlighted numbers or wording. The utility rates will be effective for any billing after April 1, 2021. The second consideration will be December 1, 2020. Financial Or Budget Considerations The rates were discussed with the 2021-2022 Proposed Budget and the 2021-2030 Proposed Capital Improvement Program. All rate changes have been incorporated into the Proposed 2021 Budgets. Recommended Action Motion to adopt on First Consideration, Ordinance #698, Establishing A 2021 Master Fee Schedule. Supporting Documents • 2021 Proposed Fee Schedule • Ordinance No. 698 Establishing A 2021 Master Fee Schedule City 0!f volden',-40 T T !1 2021 Adopted Fee Schedule CITY OF GOLDEN VALLEY FEE SCHEDULE-2021 PROPOSED TABLE OF CONTENTS ADMINISTRATION LICENSES 3 MISCELLANEOUS FEES 7 ENGINEERING 9 FIRE DEPARTMENT 12 INSPECTIONS DEPARTMENT 14 PLANNING DEPARTMENT 18 POLICE DEPARTMENT 20 PUBLIC UTILITIES 21 PARK & RECREATION RECREATION 24 BROOKVIEW 28 BROOKVIEW GOLF COURSE/ 316 BAR & GRILL 29 DONATIONS 32 2 ADMINISTRATION 2020 RENEWAL ADOPTED 2021 LICENSES CITY CODE SECTION DATE FEE PROPOSED AMUSEMENT DEVICES Section 16-95 Pinball Machine,Video Game or Pool Table each location 1-Apr $15.00 each device 1-Apr $15.00 AUCTIONING Auctioneers do not need to be licensed in the City of Golden Valley.However, they have to show us a copy of a license or bond from the county or state and provide us a letter on the date,time and place of the auction. CHICKEN COOP LICENSE Initial Application Fee $75.00 Annual License Renewal Fee 1-Apr $25.00 CIGARETTES-TOBACCO PRODUCTS Over the counter 1-Jan $450.00 DOG KENNEL Per Kennel 1-Apr $200.00 FIREWORKS Retail consumer fireworks that sell other items 1-May $100.00 Retail consumer fireworks, retailers that sell only fireworks 1-May $350.00 GARBAGE HAULERS (See also Recycling Haulers) Base Fee per Hauler $150.00 Per Vehicle 1-Apr $50.00 GASOLINE STATIONS Dispensers 1-4(each) Per Location 1-Apr $75.00 Over four dispensers(each) Per Location $50.00 LIQUOR LICENSING Section Code 4-41 Liquor-Investigation Fee Liquor-Wine&Beer new applicant $1,000.00 Liquor On-sale,Off-sale,and Sunday sale and Wine new applicant $1,500.00 Non-refundable administrative fee plus actual costs for investigation $500+Actual costs Liquor-Miscellaneous Change thru the year Liquor On,Off and Sunday Sale and Wine(renewal or misc changes) per change $100.00 Liquor License State Law 340A.408 Sunday sale 1-Jul $200.00 Off-sale 1-Jul $200.00 On-sale 1-Jul $8,000.00 Wine On-sale 1-Jul $2,000.00 Club 1-Jul up to 200 members $300.00 200-500 members $500.00 501-1,000 members $650.00 1,001-2,000 members $800.00 3 ADMINISTRATION 2020 RENEWAL ADOPTED 2021 LICENSES CITY CODE SECTION DATE FEE PROPOSED 2001-4000 members $1,000.00 4001-6000 members $2,000.00 Over 6000 members $3,000.00 Liquor-On-sale 1-Jul Non-Intoxicating Malt $500.00 Brewer Tap Room $600.00 Cocktail Room $600.00 Liquor-Off-sale 1-Jul Non-Intoxicating Malt $150.00 Brew Pub-Malt Liquor $200.00 Small Brewer $200.00 Distilled Spirits $200.00 Liquor-Temporary Non-Intoxicating/Intoxicatng Malt Liquor License $100.00 MASSAGE THERAPIST- INDIVIDUAL Certificate each individual/person 1-Jan $100.00 Investigation fee $100.00 MASSAGE THERAPIST PREMISE LICENSE 1-Jan Operating location $500.00 Investigation fee $200.00 MOBILE FOOD VENDING Non-residential zoning districts Up to 3 days(City Parks-limit 3 days) per day $40.00 Up to 120 days $150.00 Residential zoning districts Up to 2 permits in a 12-month period per permit $40.00 NEW/USED VEHICLE SALES 1-Sep $400.00 PEDDLERS AND SOLICITORS 1-Jan Background check/Identification card Each Employee $30.00 PAWNBROKER AND PRECIOUS METAL Dealer Location 1-Jan $5,000.00 Dealer 1-Jan $400.00 Investigation Fee $3,000.00 Non-refundable administrative fee plus actual costs for investigation $500+Actual costs APS Transaction Fee $1.30 RECYCLING HAULERS(MULTI FAMILY APARTMENT) 1-Apr Base Fee per Hauler $150.00 Per Vehicle $50.00 RENTAL DWELLING LICENSE Single Family Dwellings One Unit Dwelling License 1-Jul $125.00 Re-inspection $100.00 4 ADMINISTRATION 2020 RENEWAL ADOPTED 2021 LICENSES CITY CODE SECTION DATE FEE PROPOSED Twin Homes&Duplexes License per Dwelling Unit Per Dwelling Unit 1-May $125.00 Re-inspection per unit/per address $100.00 Condominiums&Townhomes License Per Dwelling Unit Per Dwelling Unit 1-Sep $125.00 Re-inspection per unit/per address $100.00 Group Homes/homes with services License Per Dwelling Unit 1-Nov $125.00 Re-inspection per unit/per address $100.00 Multiple Unit Dwelling 3 or more units per building 1-Mar 3-50 Units $175.00 51-150 Units $225.00 151+Units $300.00 Re-inspection per unit/per address $100.00 Star Program Fees Based on participation level Non-Participant $35/unit Level 1 $20/unit Level 2 $12/unit Level 3 $8/unit Level 4 $0/unit SEXUALLY ORIENTED BUSINESS License Fee per operating location 1-Jan $5,000.00 Investigation Fee $3,000.00 Non-refundable administrative fee $500+Actual costs 5 ADMINISTRATION 2020 ADOPTED 2021 MISCELLANEOUS FEES FEE PROPOSED ADDRESS CHANGE $50.00 ADMINISTRATIVE PERMIT $75.00 Seasonal, Farm Produce,Christmas Tree Sales,etc in Commercial Zoning District ADMINISTRATIVE CITATIONS 1st citation per violation $100.00 2nd citation per violation $250.00 3rd citation per violation $500.00 4th citation and subsequent violations in 12 month period per violation $500.00 CITATION APPEAL filing fee per violation $25.00 CERTIFICATION FEE(SPECIAL ASSESSMENT) $30.00 CITY CEMETERY Cemetery Plot $500.00 Open/Close Fee: Crematory(up to 2 per lot) per lot $200.00 Burial $750.00 DOCUMENTS City Code Full book in binder Cost of book, binder+20% All information is on the Municode website at: httos://Iibrary.municode.com/mn/aoIden valley/codes/code of ordinances City Maps Plats,Record Drawings,Other Plats(i.e.address maps,building plans,comp plan, zoning) $10.00 Copies Minnesota Rules,part 1205.0300,subpart 4 Black&White-letter or legal size documents of 100 or fewer pages .25/page Color-letter or legal size documents .33/page 6 ADMINISTRATION 2020 ADOPTED 2021 MISCELLANEOUS FEES FEE PROPOSED DOCUMENTS (continued) Digital Format Aerial photography time&material Custom Maps or Map Layers time&material Topography time&material Special Assessment Search non-owner $15.00 Video Reproduction per tape, DVD,CD+shipping $20.00 DOMESTIC PARTNER REGISTRATION Initial Registration $40.00 Amendment/Notice of Termination $25.00 Certified copy of Registration $5.00 ELECTRIC VEHICLE CHARGING STATION 0-3 hours/hour $0.90 3+hours/hour $1.20 PARADE/SPECIAL EVENT $25.00 PERSONNEL(OVERTIME WOULD BE 1.5 X RATE) Staff Attorney 100/hr 7 ENGINEERING 2020 ADOPTED 2021 FEE PROPOSED EQUIPMENT CHARGE (Per Hour) (Personnel will be added) Utility Vehicle does not include personnel $45.00 Utility Equipment does not include personnel $200.00 Sewerjet,vac truck,sewer camera Heavy Equipment does not include personnel costs $125.00 Front end loader,360 Backhoe,Pickup sweeper,Tandem axle truck,Aerial truck Medium Equipment does not include personnel $80.00 Single axle dump truck,Water truck,Tractor backhoe,Utility tractor/accessory,15 ft cut lawn mower,brush chipper,asphalt roller,asphalt paver,skid steer,tool cat,trackless Light Equipment not include personnel $45.00 Truck-one ton and under,Air compressor,Water pump,Generator,Steamer,Asphalt/saw,Concrete,Cable tracer) FLOODPLAIN SEARCH LETTER $50.00 FORCED TREE REMOVAL cost+20% MICROMOBILITY SHARING OPERATIONS Implementation and oversight of License Agreement $250.00 PERSONNEL(OVERTIME WOULD BE 1.5 X RATE) Public Works Employee $62/hr NATIVE VEGETATION LANDSCAPE PERMIT $100.00 RIGHT OF WAY Access Permit-Temporary $50.00 Delay Penalty-Right of Way Minn.Rule 7819.1000 subp.3 $500/day Driveway Replacement Permit $125.00 In Boulevard Excavation Permit per opening $200.00 In Pavement Excavation Permit per opening(includes curb alterations) $400.00 Obstruction Permit-Permanent,per obstruction(includes courtesy benches,structures,walls,lighting,signage) $150.00 Obstruction Permit-Permanent,(includes fences,landscaping,trees,shrubs,vegetation,irrigation) 50.00 Obstruction permit-Temporary $100.00 RIGHT OF WAY(continued) Overhead Utility Repair per location No Charge Underground Utility 0 to 100 Feet Administrative permit fee $250.00 perfootfee $1.50 over 100 Feet Administrative permit fee $400.00 per foot fee-over 100 feet $1.00 Service Drop meeting conditions Not parallel to right-of way at leats 10'from any city facility or utility,less than 1'wide,and depth in accord with law or,if none,industry standard No charge STREET ASSESSMENTS Residential/Single Family/Duplex,per dwelling unit on local street Multi Unit Residential(more than 2 dwelling units)on local street Residential/Single Family/Duplex,per dwelling unit on state aid street Multi Unit Residential(more than 2 dwelling units)on state aid street Other Zonings,Local Streets Other Zonings,State Aid Streets Administrative Fee for Driveways and/or Sanitary Sewer repairs $250/maximum 8 ENGINEERING 2020 ADOPTED 2021 FEE PROPOSED (Seven percent of total or maximum fee-whichever lessor) Low Income Level for Senior/Retired due to Disability Deferral Current HUD Limits When a project does not follow the above assessment rates,the rates will be approved at the time of the assessment hearing. STORMWATER MANAGEMENT Projects that do not require watershed review-No post construction BMPs $100.00 New Home Construction-no watershed review-No post construction BMPs $300.00 Projects that require watershed review or require Post Construction BMPs $500.00 TREE AND LANDSCAPE PERMIT Single Family Residential $150.00 All Other Projects $400.00 Tree Mitigation Fee(per tree) 450/tre UTILITY PERMITS Water Meter Permit $100.00 Water Tapping Permit $100.00 Water Cut-off Permit $100.00 Sewer Permit(connection) $100.00 Sewer Repair Permit $100.00 Sewer Cut-off Permit $100.00 Sewer&Water Permits for Commercial Projects(Fee Based on Plumbing Value and if there is a Plan the Plan Review Fee would be 65%of the Fee) State Surcharge-each permit $1.00 WETLAND MANAGEMENT(PLUS PROFESSIONAL FEES IF NECESSARY) $150.00 WIRELESS AESTHETICS Collocation Agreement Rent to collocate on the City structure Up to$150.00 Maintenance associated with the collocation $25.00 Electrical Service-monthly Per radio node less than or equal to 100 maximum watts $73.00 Per radio node over 100 maximum watts $182.00 Or actual costs of electricity,if the actual exceed the foregoing 9 FIRE DEPARTMENT 2020 ADOPTED FEE 2021 PROPOSED CARSEATINSTALLATIONS/INSPECTIONS Non-resident $20.00 Each additional $10.00 EQUIPMENT CHARGE PER HOUR Fire Engine(includes personnel) $250.00 Fire Rescue Truck(includes personnel) $250.00 Fire Aerial Truck(includes personnel) $350.00 Police and Fire Rescue Truck(includes personnel) $250.00 Fire Boat(includes personnel) $75.00 Fire ATV(includes personnel) $75.00 Fire Life Safety Trailer(includes personnel) $200.00 Gas Lines,construction damage with Fire Department Response $250.00 FIRE COMMERCIAL COOKING VENTILATION SYSTEMS(HOOD AND DUCT CLEANING) Inspection $75.00 Re-inspection $150.00 FIRE SPRINKLER,FIRE ALARMS&SPECIAL FIRE SUPPRESSION SYSTEMS New Installation or Alteration of Existing Ref.MN Rules 1300.0160,subd.1,subd.2 Total valuation based on belowfee schedule: Total valuation based on belowfee schedule: VALUATION VALUATION FROM TO FEES FROM TO FEES $0 $500 $50.00 $501 $2,000 $50.00 for the first$500 plus$3.05 for each additional$100 or fraction thereof,up to and including$2000 $2,001 $25,000 $95.75 for the first 2,000 plus$14.00 for each additional$1,000 or fraction thereof,u to and including$25,000 $25,001 $50,000 $417.75 for the first$25,000 plus$10.95 for each additional$1,000 or fraction thereof,up to and including$50,000 $50,001 $100,000 $691.50 for the first$50,000 plus$$7.34 for each additional$1,000 or fraction thereof,up to and including$100,000 $100,001 $500,000 $1,058.50 for the first$100,000 plus$6.00 for each additional$1,000 or fraction thereof,up to and including$500,000 $500,001 $1,000,000 $3,458.50 for the first$500,000 plus$5.00 for each additional$1,000 or fraction thereof,up to and including$1,000,000 $1,000,001 and up $5,956.50 for the first$1,000,000 plus$4.00 for each additional $1,000 or fraction thereof FIREWORKS/PYROTECHNIC SPECIAL EFFECTS Permit fee includes required rental of fire engine and crew for one hour stand-by at display $350.00 FLOOR DRY(ACCIDENTS) per bag $20.00 FUELTANKS Permanent above/underground Use Fire Sprinkler,Fire Alarms&Special Fire Suppression Systems Table Above Fuel,Compressed Gasses,Hazardous Materials,and Associated Appliances&Piping Temporary LP Tank/Fuel Tank pertank $50.00 PERSONNEL(OVERTIME WOULD BE 1.5 X RATE) Full-time Fire Personnel(scheduled time after hours-minimum 2 hours) $75/hr Paid On-Call Fire Personnel $35/hr TENT/CANOPY INSPECTIONS-REQUIRED FOR TENT EXCEEDING 400 SQ FT AND $50.00 canopies exceeding 700 sq ft(per site) each additional tent and/or canopy(per site) $25.00 WEED ERADICATION/LAWN MOWING-PER HOUR(SEE MINIMUMS) Occupied/unoccupied residential/commercial property-3 hour minimum $125/hr SECOND OR MORE VIOLATIONS IN ONE SEASON Occupied/unoccupied residential/commercial property-3 hour minimum $250/hr 10 INSPECTIONS DEPARTMENT 2020 ADOPTED FEE 2021 PROPOSED WORKING WITHOUT PERMIT-INVESTIGATION FEE The greater of$100 or 25%ofthe permitfee,not to exceed$500.Fee not to exceed permitfee. The fee will be charged by the Building Official or designee where additional time and expense is incurred by the Cityto achieve code compliance. ALL BUILDING PERMIT VALUATION DATA WILL BE BASED ON THE CURRENT INTERNATIONAL CODE COUNCIL OR CONTRACT -g.l den val levm n.eov/Perm its/Pdf/bu it di ne-fe es.Pdf 65%of permit WHEN APPLICABLE,A PLAN REVIEW FEE WILL BE ADDED TO BUILDING AND SITE PERMITS fee BUILDING PERMIT FEES BASED ON FEE SCHEDULE BELOW. Mandatory State Surcharge:per permit is a minimum of.50 and when a permit fee is over$1,000 in va lue the state surcharge is.0005 times the perm it va lue. Surcharge is remitted to MN State Treasurer. Permit Cancellation Policy:80%of the permitfee will be returned upon written notice of cancellation.If job has been started no refund will be made. BUILDING PLAN/STORAGE RETRIEVAL $50.00 BUILDING/FIRE/COMMERCIAL MECHANICAL PLAN REVIEW FEE-65%OF THE PERMIT FEE(NO SURCHARGE) re-inspection fee $100.00 BUILDING PERMITS BAED ON SCHEDULE BELOW: Mandatory State Surcharge:per permit is a minimum of.50 and when a permit fee is over$1,000 in value the state surcharge is.0005 times the perm it va lue. Surcharge is remitted to MN State Treasurer. Cancellation and Refund Policy Pe is iPeli ye Permits:80%ofthe permitfee will be re4nsned refunded upon written notice of cancellation.If job has been started no refund will be made.Refunds are subjectto administrative policies. Plan Review:Plan review fees are non-refundable once plan review has been started Surcharges,Electronic Document Fees and other relatecifees:Non-refundable BUILDING PLAN/STORAGE RETRIEVAL $50.00 BUILDING/FIRE/COMMERCIAL MECHANICAL PLAN REVIEW FEE-65%OF THE PERMIT FEE(NO e ispeetsifee, $389.99 BUILDING PERMITS (Ref.MN Rules 1300.0160,subd.1,subd.2) Table 1 Total valuation based on below fee schedule: VALUATION FROM TO FEES 1 500 $50.00 $501 $2,000 $50.00 forthe first$500 plus$3.05 for each additional$100 orfraction thereof,u to and including$2000 $2,001 $25,000 $95.75 forthe first 2,000 plus$14.00 foreach additional$1,000 or fraction thereof,up to and Including$25 000 $25,001 $50,000 $417.75 forthe first$25,000 plus$10.95 foreach additional$1,000 or fraction thereof,up to and including$50 000 $50,001 $100,000 $691.50 forthe first$50,000 plus$$7.34 foreach additional$1,000 or fraction thereof,up to and including$100 000 $100,001 $500,000 $1058.50 forthe first$100,000 plus$$6.00 foreach additional$1,000 or fraction thereof,up to and including$500 000 $500,001 $1,000,000 $3,458.50forthe first$500,000 plus$5.00 for each additional$1,000 or fraction thereof,up to and including$1 000 000 $1,000,001 and up $5,958.50forthe first$1,000,000 plus$4.00 foreach additional$1,000 orfraction thereof CONTRACTORS Heating,Ventilation,Air Conditioning 1-Apr $75.00 ELECTRICAL State Surcharge-each permit $1.00 Minimum Fee Minimum permitfee is$40.00 plus$1.00 State surcharge.This isfor one inspection only. Change 40.00 to 50.00 Minimum fee for rough-in inspection and final is$80.00 plus$1.00 State surcharge. Change 80.00 to$100 Maximum Fee Maximum fee for single family dwelling or townhouse not over 200 Amps is$175.00 Change$175 to$200 plus$1.00 State surcharge.Maximum of 3 inspections. 0 to 300 Am 50.00 400 Am 58.00 Add$14.00 for each additional 100 Amps. Circuits and Feeders The inspection fee forthe installation addition alteration or repair of each circuit feeder 0 to 30 Amp 8.00 31 to 100 Am 10.00 Add$5.00 for each additional 100 Amps. Apartment Buildings per unit $80.00 $85 Fee per unit of an apartment or condominium complex.This does not cover service and house wiring Reinspection fee $40.00 Remote Control and Signal Circuits per device $0.75 Retro Fit Lighting perfixture $0.65 Saver Switch $35.00 Service Replacement $100.00 11 INSPECTIONS DEPARTMENT 2020 ADOPTED FEE 2021 PROPOSED Sign Transformer pertransformer $8.00 Solar PV Installation Per Minnesota Solar PV System most current Fee Chart Street Lights and parking lot lights per each standard $4.00 SubPanel Replacement $40.00 Swimming Pool includes maximum 2 inspections $80.00 ELECTRICAL(continued) Traffic Signals per each standard $7.00 Transformers and Generators up to 10 KVA $10.00 11-74 KVA $40.00 75-299 KVA $60.00 over300 KVA $150.00 MECHANICAL:HVAC,GAS PIPING,REFRIGERATION AND FIREPLACE Includes all types offireplaces-masonry,gas,gas log,gas insert,etc. Value Permit charge Value Permit charge $0 1 $1,000 1$50.00 $1,001 1 $5,000 $75.00+z.60% r$5N1 $10000 $179.00+2.15% '001 $25,000 $286.50+1.8591. $25 001 $50 000 $534.00+1.6591. $50,001 and up $946.50+1.3091. PLUMBING AND PIPING FIXTURES Includes hydraulic sewervalves,rain water leaders,and alteration to existing systems. Value Permit charge Value Permit charge $0 1 $1000 1$50.00 $1,001 $5,000 $75.00+z.60% $5 001 $10000 $179.00+2.15% $10,001 $25,000 $286.50+1.8591. $25 001 $50 000 $534.00+1.6591. $50,001 and up $946.50+1.3091. ELECTRONIC DOCUMENT FEE Based on Permit Fee 2.8591. HOUSE/BUILDING Moving $500.00 Demolition $500.00 PERMIT CANCELLATION 8091.of permit Request must be made within 180 days of permit issu a date.No work shall have occurred. fee No surcharge or plan review fees will be returned(includes the fees for stormwater management,right-of-way (ROW)and tree preservation permits).Subjectto Department Policies. site isit _ _ _______ _ $75 go SEWER ACCESS CHARGE(SAC)-CITY per unit $650.00 SAC Charges shall be based on the Residential Equivalent Connection Units(REC)resulting from the use of the City Water/Sewer systems.The REC shall equal the number of SAC Units determined under the SAC Determination to which the building permit relates. TEMPORARY CERTIFICATE OF OCCUPANCY Partial Occupancy Permit Administrativefee $300.00 WATERACCESS CHARGE(WAC)-CITY perunit $1,700.00 WAC Charges shall be based on the Residential Equivalent Connection Units(REC)resulting from the use of the City Water/Sewer systems.The REC shall equal the number of SAC Units determined under the SAC Determination bythe Metropolitan Council to which the building permit relates. 12 PLANNING DEPARTMENT 2020 ADOPTED 2021 FEE PROPOSED EASEMENT VACATION (EACH REQUEST) $500.00 RECORD REAL ESTATE ITEMS Easements,CUP, PUDs, Development Agreements,Simplifile Hennepin County fee CONDITIONAL USE ITEMS Conditional Use Permit $400.00 Amendment to Conditional Use Permit $300.00 Extension $125.00 FUTURE LAND USE MAP AMENDMENT $1,000.00 6%of Land PARK DEDICATION FEES Minnesota Statute 462.358 Value PLANNED UNIT DEVELOPMENT Preliminary PUD Plan $1,000.00 Final PUD Plan $1,000.00 Extension $150.00 PLANNED UNIT DEVELOPMENT- MAJOR AMENDMENT $500.00 PLANNED UNIT DEVELOPMENT- MINOR AMENDMENT $250.00 PLANNED UNIT DEVELOPMENT-ADMINISTRATIVE AMENDMENT $100.00 SIGN PERMIT Temporary Sign $50.00 Special Temporary Sign Additional$50.00 Permanent Sign $100.00 Building and Electrical permits maybe required. SITE PLAN REVIEW If not covered under another application (CUP, PUD,etc) $250.00 SUBDIVISION $400.00 Extension to Submit Final Plat $150.00 SUBDIVISION- MINOR $250.00 Extension to Submit Final Plat $150.00 TAX PARCEL DIVISION $100.00 TEMPORARY RETAIL SALES for each sale, up to five days $150.00 VARIANCE FROM ZONING CODE Single-Family Residential Zoning District $200.00 All other Zoning Districts $300.00 Extension $150.00 13 PLANNING DEPARTMENT 2020 ADOPTED 2021 FEE PROPOSED ZONING EXAMINATION LETTER $100.00 ZONING MAP AMENDMENT $500.00 ZONING PERMIT (Fence,Shed, Deck, Patio,Garden Structure) $ 20.00 TCI VOR ADV GERTICIGATC OF OCCUPANCY Partial Occupancy Approval Permit ^rlm°R°�t-;#°• P{�� $300.00 WATER ACCESS CHARGE (WAC)-CITY per unit $1,700.00 WAC Charges shall be based on the Residential Equivalent Connection Units(REC) The REC shall equal the number of SAC Units determined under the SAC Determination by the Metropolitan Council to which the building permits relates 14 POLICE DEPARTMENT 2020 ADOPTED 2021 FEE PROPOSED ALARM SYSTEM - FALSE ALARMS(12 month period beginning March 1 of each year upon given notice) 1-3 false alarms $0.00 4-10 false alarms $100.00 11-15 false alarms $150.00 16 or more false alarms $250.00 ANIMAL CONTROL Impound Fee for dogs $50.00 Boarding Fee for dogs and cats per day(7 day maximum) $20.00 Dangerous Dog License $250.00 EQUIPMENT CHARGE PER HOUR Police Rescue Truck(includes personnel) $250.00 Squad Car(includes personnel) $110.00 FINGERPRINTING Golden Valley Resident $10.00 Anyone employed in Golden Valley $25.00 Additional Card $5.00 FORFEITED DWI VEHICLE ADMINISTRATIVE FEE $1,000.00 NUISANCE SERVICE CALL FEE (AFTER THREE CALLS) $250.00 PERSONNEL(OVERTIME WOULD BE 1.5 X RATE) $85.00/hr Off Duty Police Officer(minimum applies as determined by City Manager/designee) 15 PUBLIC UTILITIES 2020 2021 ADOPTED FEE PROPOSED RESIDENTIAL UTILITY RATES-QUARTERLY BILLING (includes all residential classes except those classified as apartments) Inspection Fee for Fire lines $6.00 Penalties (for late payment) 10% Sanitary Sewer(in 1000 gallons) Residential (per dwelling unit)(Flat Rate)-5 and under units-winter qtr consumption $76.26 80.07 Residential (per dwelling unit)(Flat Rate)-6-15 units-winter qtr consumption $79.11 83.07 Residential (per dwelling unit)(Flat Rate)-16-19 units-winter qtr consumption $87.01 91.36 Residential (per dwelling unit)(Flat Rate)-20-25 units-winter qtr consumption $99.20 104.16 Residential (per dwelling unit)(Flat Rate)-26-39 units-winter qtr consumption $129.97 136.47 Residential (per dwelling unit)(Flat Rate)-40-59 units-winter qtr consumption $149.67 157.15 Residential (per dwelling unit)(Flat Rate)-60-79 units-winter qtr consumption $158.86 166.80 Residential (per dwelling unit)(Flat Rate)-80 to 99 units-winter qtr consumption $182.03 191.13 Residential (per dwelling unit)(Flat Rate)-100 and over units-winter qtr consumption $216.03 226.83 Recycling Residential curbside (per unit) $16.00 17.00 Storm Sewer Utility Rate Charge for a Residential Equivalent Factor of 1.00 $75.00 78.00 Each single family residential property is considered to be 1/3 of an acre. Street Lights Ornamental(per unit) $12.42 12.79 Overhead (per unit) $8.56 8.82 Water Minimum fee, includes up to 1,000 gallons of flow $19.50 21.00 Water meters up to and including 1" $19.50 21.00 Water meters over 1"and including 2" $104.79 112.85 Water meters over 2"and including 4" $144.39 155.40 Water meters over4" $182.76 196.77 Above 1,000 gallons of flow per quarter up to 79,000(per 1,000 gallons) $6.60 6.70 80,000 gallons and over of flow per quarter(per 1,000 gallons) $6.68 6.78 Emergency Water Supply- per 1000 gallons Water Conne State Charge for each water hookup $2.43 2.43 Irrigation Accounts(All)-Monthly Billing Minimum fee, includes up to 1,000 gallons of flow $19.50 21.00 Water rate per 1000 gallons $6.68 6.78 All apartment buildings over 50 units will be billed monthly beginning April 1,2018 COMMERCIAL& INDUSTRIAL UTILITY RATES- MONTHLY BILLING Inspection Fee for Fire lines $2.00 2.00 Penalties (for late payment on monthly billings) 5% 5% Sanitary Sewer 16 PUBLIC UTILITIES 2020 2021 ADOPTED FEE PROPOSED Water meters up to and including 1" $13.38 14.05 Water meters over 1"and including 2" $34.33 36.26 Water meters over 2"and including 4" $48.03 50.43 Water meters over 4" $61.20 64.26 Based on per 1,000 gallons $5.61 5.89 Note:Water Meter Flow is used to establish sewer flow unless a separate sewer flow meter has been established. Storm Sewer Utility Rate Charge per acre for property X Residential Equivalency Factor(REF) $25.00 26.00 Street Lights Ornamental(per unit) $4.14 4.26 Overhead (per unit) $2.85 2.94 Water Connection Fee-State charge for each water hookup-(January 1) $0.81 Water Usage: Minimum fee, includes up to 1,000 gallons of flow $19.50 21.00 Water meters up to and including 1" $19.50 21.00 Water meters over 1"and including 2" $37.83 37.62 Water meters over 2"and including 4" $51.23 51.80 Water meters over 4" $63.92 65.59 Water rate per 1000 gallons $6.68 6.78 Emergency Water Supply- per 1000 gallons $0.30 OTHER UTILITY FEES Driveway Covers-Replace $150.00 Hydrant Maintenance(Private) Materials, parts,labor Actual Cost+20%admin Hydrant Meter Rental Residential (per day+consumption) $2.00 Commercial (per day+consumption) $5.00 Commercial (rate per day after 60 days+consumption) $10.00 Deposit(residential) $300.00 Deposit(commercial) $1,750.00 Repair Parts cost+20% Meter Read-Manual Read of Water/Sewer Meter/Upgrade-4th Letter $100.00 Meter Testing(to be returned if meter is in error of 5%or more of read) $50.00 Sanitary Sewer Inspections and Compliance Fees Ordinance No.352 Noncompliant discharge into sanitary sewer(or refuse inspection) Single Family Residential $500/month Non Single Family Residential $1,000/month Application fee for noncompliant winter discharge into sanitary sewer per month $250.00 Application fee for certificate of sewer regulations compliance Single Family Residential(R-1 or R-2),per structure $250.00 17 PUBLIC UTILITIES 2020 2021 ADOPTED FEE PROPOSED Non Single Family Residential (all other structures), per structure $750.00 Video Review Residential video record completed by private licensed plumber $100.00 Non-residential video record completed by private licensed plumber $375.00 Sump Pump Inspection $50.00 Water Meter and Parts(All) At cost+20% Water on/off per each event (business day) $25.00 (after hours) $175.00 18 PARK & RECREATION 2020 ADOPTED 2021 FEE PROPOSED ACTIVITIES Rates/Fees are printed in Recreation Brochures(Spring/Summer, Fall,Winter) Staff will pro-rate program/event/activity fees as necessary. Adult Activities Adult Individual Athletics/Fitness $20.00-$100.00 $20.00-$150.00 Adult Programs $1.00-$150.00 Adult Sports League Cancelation Fee $40.00 Adult Trips/Events $5.00-$75.00 Kickball League $125.00-$175.00 Open Gyms Drop-in fee $5.00 10-time Punch Pass $40.00 Soccer League-Co-Rec $425.00-$550.00 $425.00-$600.00 Softball Leagues-Fall $400.00-$500.00 $350.00-500.00 Softball Leagues-Spring/Summer $800.00-$900.00 $750.00-$900.00 Volleyball League $150.00-$300.00 $100.00-$300.00 Senior Programs/Activities Craft/Art Classes $6.50-$70.00 Newsletter Subscription $6.00-$50.00 $8.00-$20.00 Presentation/Discussion Groups $1.00-$5.00 Special Events $4.00-$40.00 $250.00- Trips-Extended 2-6 Days $1,500.00 Trips-One Day $8.00-$95.00 $20.00-$100.00 Youth Activities Youth Athletics $20.00-$150.00 $10.00-$150.00 Youth Programs $5.00-$175.00 Youth Trips/Events $0.00-$100.00 BACKYARD INDOOR PLAYGROUND Daily Rates Resident $4.50 Non-Resident $5.50 Socks $2.00 10 Punch Pass-Resident $35.00 10 Punch Pass-Non-Resident $45.00 19 PARK & RECREATION 2020 ADOPTED 2021 FEE PROPOSED BACKYARD INDOOR PLAYGROUND (continued) Group Rates Pre-reservation required;Ratio of 10:1 youth/adult 1 payment only Groups of 15 kids or more, max 50, inclL per child $4.50 Party Rates Includes 2 hours party room and 10 indoor playground wristbands -extra wristbands may be purchased for daily rate(max of 20 people total per party room) Resident $100.00 Non-Resident $120.00 Picnic Packages Three One Slx Grill will provide food package options for party groups. Private Backyard Indoor Playground Rental Includes 2 hours of exclusive use and 2 party rooms Resident $250.00 Non-Resident $280.00 Additional hour $100.00 OTHER PARK& RECREATION FEES Athletic Field Resident-no attendent per hour/per field(min 2 hrs) $25.00 Resident-with attendent per hour/per field(min 2 hrs) $35.00 $40.00 Non Resident-no attendent per hour/per field(min 2 hrs) $35.00 $50.00 Non Resident-with attendent per hour/per field(min 2 hrs) $45.00 W/Ligi(Requires attendent) per hour/per field $10.00 All day tournament Resident per field/per day $150.00 Non-resident per field/per day $250.00 Field Attendant per hour $15.00 Beer/Wine Permit(only with Picnic Shelter rental) $50.00 $15.00 $20.00 Davis Community Center Gym $10.00 Resident per hour $30.00 Non-resident per hour $40.00 20 PARK & RECREATION 2020 ADOPTED 2021 FEE PROPOSED OTHER PARK& RECREATION FEES-continued Entire Park Use--plus facility rental fees(up to 12 hours) Resident $300.00 Non-resident $450.00 Equipment Use Fee Permit Inflatable,climbing wall,zipline,etc Each $25.00 Gazebo/Sun Shelter Brookview only-Available from 11:00 am-dusk and only in conjunction with Large Shelter Rental for wedding ceremonies Resident per hour $50.00 Non-resident per hour $75.00 Hockey Rink(outdoor) Resident per hour $25.00 Non-resident per hour $35.00 Park Shelter Building Resident per hour(minimum 2 hrs) $35.00 $20.00 Non-resident per hour(minimum 2 hrs) $40.00 $25.00 Key Deposit refundable when returned $25.00 Picnic Shelter Damage Deposit $250.00 Picnic Shelter Rental Small Park Shelter(up to 50 people) Resident $115.00 Non-resident $130.00 Large Park Shelter(up to 100 people) Resident $150.00 Non-resident $170.00 Professional Photo/Video Use of Specific Park Area (plus facility rental fees) Resident per hour $100.00 Non-resident per hour $125.00 Sand Volleyball Court-Brookview(2 courts) Resident per hour/court $30.00 $15.00 Non-resident per hour/court $35.00 $20.00 W/Lights(requires attendent) per hour/per field $10.00 21 PARK & RECREATION 2020 ADOPTED 2021 FEE PROPOSED OTHER PARK& RECREATION FEES-continued Tennis or Pickleball Court Tournament-per day/per court Resident $50.00 Non-resident $60.00 Court/hr Resident per hour $6.00 Non-resident per hour $8.00 Youth Athletic Association Player Field Maintenance Fee Resident&Non-resident per person/season $8.00-$12.00 $100.00- Organization Field Maintenance Fee per organization/season $2,000.00 22 BROOKVIEW-2020 Adopted DEPOSIT Deposit is due at time of booking to hold reservation. $500 refundable damage deposit is due 30 days prior to rental. All rentals include: Set-up/take-down and AV equipment 2021 RESIDENT(Live or work in GV,book 24 months in advance for 14 hr,12 months in advance for hourly) PROPOSED Lower Level Room Room Capacity Hours Mon-Sun Mon-Sun Sweeney Lake Conference Rm 12 max 2 hr min $25/hr+tax North so—seated chairsonly 2 hr min $45/hr+tax Valley Room South waiting fora 2hrmin $45/hr+tax Both waiting fora 2hrmin $75/hr+tax Twin Lake Rm 4 No minimum $15/hr+tax Fossil Creek Rm 4 No minimum $15/hr+tax Hideout 20—seated attables 2 hr min $25/hr Clubhouse I 120—seated attables 2hr min $25/hr Upper Level Room Option Capacity Hours Mon-Thur Fri Sat Sun Mon-Thur Fri Sat Sun Bassett Creek 250(200 @ rounds,12 head table) 14 hr(10 am-12 am) 1200+tax $1600+tx $1000+tx Full Rm $90/hr+ $100/hr+ $140/hr+ $90/hr+ Banquet Room zso(zte @ rectangles,tz head table) Hourly(2hrmin) tax tax tax tax North 72(72 at rounds&12 at head table) Hourly(2 hr min) $55/hr+ $60/hr+ $BO/hr+ $55/hr+ tax tax tax tax South 72(Classrm/presentation at rectangles) Hourly(2 hr min) $55/hr+ $60/hr+ $BO/hr+ $55/hr+ tax tax tax tax Lilac Room No minimum $15/hr+tax Wirth Lake Rm 40 2 hr min $50/hr+tax Rice Lake Conference Rm 12 max 12 hr min $25/hr+tax Evergreen Deck 104—seated chairs only 12 hr min $60/hr+tax 204—seated chairsonly 2hrmin $60/hr+tax Fairway Deck Deck event/Ceremony Fee _ $200 (set-up of chairs,equipment,basic PA) ADD-ON'S All rooms Special Set-up/Clean-up $50 minimum Banquet/Event Attendant Varies based on needs $25/hour Drapery $200-$500 NON-RESIDENT (R,nk??mnnth�mnadvanrpfnrl4hr.10mnnth�mnad�nrpfnrhniirlvi Lower Level Room option Capacity Hours Mon-Sun Sweeney Lake Conference Rm 12 max 2 hr min $35/hr+tax North 25—seated chairsonly 2 hr min $55/hr+tax Valley Room South 25 2 hr min $55/hr+tax Both 25 2 hr min $90/hr+tax Twin Lake Rm 4 No minimum $15/hr+tax Fossil Creek Rm 4 No minimum $15/hr+tax Hideout 20—seated attables 2hrmin $35/hr+tax Mon-Thur Fri Sat Sun Clubhouse 2n—seated attables 2hrmin $35/hr+tax Upper Level Room option Capacity Hours Mon- Fri Sat Sun Bassett Creek Full Rm 250 200 @ rounds,12 head table 14 hr 10 am-12 am K1400+tax 1600+tx 1200+tx Ban uet Room 250(216 @ rectangles,12 head table) H0url 2 hr min 120 hr+ 170 hr+ 120 hr+ North B4 72atrounds&12 at head table Hourl 2hrmin 70 hr+ 95 hr+ 70 hr+ south 72(Classrm/presentation at rectangles) Hourl 2hrmin 70 hr+ 95 hr+ 70 hr+ Lilac Room No minimum $15/hr+tax Wirth Lake Rm 40 2 hr min $60/hr+tax Rice Lake Conference Rm 12 max 2 hr min $35/hr+tax Evergreen Deck 204—seated chairs only 2 hr min $75/hr+tax 204—seated chairs onl 2 hr min $75/hr+tax Fairway Deck - Deck Event/Ceremony Fee _ $220 set-u of chairs,e u ent,basic PA ADD-ON'S All rooms Special Set-up/Clean-up $50 minimum Ban uet/Event Attendant Varies based on needs $30/hour Drapery $200-$500 23 BROOKVIEW GOLF COURSE / 316 BAR & GRILL 2020 2021 ADOPTED FEE PROPOSED REGULATION COURSE 18 Hole $39.00 $40.00 18 Hole Club Member $32.00 18 Hole Senior Club Member(Age 60+) $28.00 18 Hole Senior(Age 60+) $32.00 $33.00 18 Hole League $39.00 $40.00 18 Tournament $39.00 $40.00 9 Hole $21.00 $21.50 9 Hole Club Member $18.00 9 Hole Senior Club Member(Age 60+) $16.50 9 Hole Senior (Age 60+) $18.00 $18.50 9 Hole League $21.00 $21.50 9 Hole Tournament $21.00 $21.50 2nd Nine $18.00 $18.50 2nd Nine Club Member $14.00 Sunrise/Sunset Rate $18.00 $18.50 Twilight $22.00 $22.50 Twilight Club Member $18.00 Junior Rate Club Member $23.50/$13.50 Junior Rate $25.50/$15.50 $26/$16 PAR 3 COURSE 9 Hole $13.00 $13.50 9 Hole Club Member $9.50 $10.00 9 Hole Senior Club Member(Age 60+) $8.50 $9.00 9 Hole Senior(Age 60+) $10.00 $10.50 9 Hole League $13.00 $13.50 9 Hole Tournament $13.00 $13.50 9 Hole Junior Rate Club Member $8.50 $9.00 9 Hole Junior $10.00 $10.50 9 Hole Youth on Course $5.00 2nd 9 Par 3 $8.00 $8.50 Junior Par 3 Season Pass $90.00 CART RATES 18 Hole Power Cart $34.00 18 Hole Tournament Cart $34.00 18 Hole Club Member Cart $28.00 9 Hole Tournament Cart $22.00 9 Hole Power Cart $22.00 9 Hole Par 3 Power Cart $18.00 Pull Cart/Regulation Course $5.00 Pull Cart/Par 3 Course $4.00 24 BROOKVIEW GOLF COURSE / 316 BAR & GRILL 2020 2021 ADOPTED FEE PROPOSED Trailer fee/Use of personal power cart $15.00/$10.00 CLUB MEMBER CARDS Resident Adult $80.00 $85.00 Non-resident Adult $120.00 $125.00 Resident Senior(Age 60+) $50.00 $55.00 Non-resident Senior(Age 60+) $85.00 $90.00 Resident Junior(17 yrs& under) $40.00 $45.00 Non-resident Junior(17 yrs& under) $45.00 $50.00 Par 3 $35.00 $35.00 CLUB RENTALS 18 Hole full rental - Regulation $20.00/$30.00 9 Hole full rental - Regulation $10.00/$15.00 9 hole Par 3 half rental $10.00 CURLING Curling League $125.00-$175.00 $175.00 Curling Rink Rental (1 hour) $15.00 DRIVING RANGE Small Bucket $4.00 Medium Bucket $6.00 Large Bucket $8.00 LAWN BOWLING League Fee M-Th evenings (7 week league) $400.00 Single Rink Rental - Resident and Club Member $25.00/hour Single Rink Rental - Non-resident $30.00/hour Private Rental of Four Rinks $120.00/hour Private Rental of Eight Rinks-exclusive use $240.00/hour Senior Leagues $5.00 Game Official For Private Rentals/Events $30.00/hour Game Equipment Use For Leagues& Rentals included LESSONS Adult Group $95.00-$200.00 Junior Camp $150.00-$320.00 Junior Group $65.00-$150.00 LOCKER RENTAL Season $120.00 25 BROOKVIEW GOLF COURSE / 316 BAR & GRILL 2020 2021 ADOPTED FEE PROPOSED MISCELLANEOUS FEES USGA Handicap Service MGA Non-Club Member $45.00 Club Member Annual $30.00 Comedy Shows $20.00-$50.00 No Show Fee FULL FEE THREE ONE SIX BAR + GRILL Market Rate -All products and services 26 DONATIONS 2020 ADOPTED 2021 FEE PROPOSED Commemorative Bench with Engraved Plaque-City Park or Open Area $2,300.00 Tree Donation- City Park or Open Area $350.00 Brookview Golf Course: Commemorative Bench with Engraved Plaque $750.00 Tree Donation $350.00 27 ORDINANCE NO. 698 AN ORDINANCE AMENDING THE CITY CODE Establishing A 2021 Master Fee Schedule The City Council for the City of Golden Valley hereby ordains: Section 1 . The City Code requires that certain fees for City services and licenses be established from time to time by the City Council. Section 2. The Master Fee Schedule attached an Exhibit A is hereby adopted as the city's fee schedule effective January 1 , 2021 , unless otherwise noted. The fee schedule is on file in the City Clerk's Office during business hours. Section 3. City Code Chapter 1 entitled "General Provisions" and Sec. 1-8 entitled "General Penalty; Continuing Violations" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 1 st day of December, 2020. Shepard M. Harris, Mayor ATTEST: Theresa Schyma, City Clerk ANNOUNCEMENT OF MEETINGS AND EVENTS Three or more Council Members may attend the following NOVEMBER 13 Annual Fall Leaf Drop-Off 8:00 am to 3:00 pm Brookview Park 14 Annual Fall Leaf Drop-Off 7:00 am to 1:00 pm Brookview Park 17 Facilities Study Task Force 3:30 pm to 5:30 pm Held Virtually 17 City Council Meeting 6:30 PM Held Virtually 19 Police Commission Task Force Meeting 6:30 PM Held Virtually 23 OSRC Meeting 6:30 PM Held Virtually 23 Environmental Commission Meeting 6:30 PM Held Virtually 23 Planning Commission Meeting 7:00 PM Held Virtually 24 Human Rights Commission 6:30 PM Held Virtually 24 Board of Zoning Appeals 7:00 PM Held Virtually 26 City Offices Closed for Observance of Thanksgiving 27 City Offices Closed for Observance of Thanksgiving DECEMBER 1 HRA Special Meeting 6:30 PM Held Virtually 1 City Council 6:30 PM Held Virtually 8 Rising Tides Meeting 5:15 PM Held Virtually 8 Council Manager Meeting 6:30 PM Held Virtually 10 Golden Valley Business Council 8:30 am to 9:30 am Held Virtually 14 Human Services Commission 6:45 PM Held Virtually 14 Planning Commission 7:00 PM Held Virtually 15 Facilities Study Task Force 3:30 pm to 5:30 pm Held Virtually 15 City Council Meeting 6:30 PM Held Virtually 24 City Offices Closed for Observance of Christmas Eve 25 City Offices Closed for Observance of Christmas Day 28 OSRC Meeting 6:30 PM Held Virtually 28 Environmental Commission Meeting 6:30 PM Held Virtually 28 Planning Commission Meeting 7:00 PM Held Virtually