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11-06-19 CC Agenda packet (entire) REGULAR MEETING AGENDA 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 – October 2, 2019 2‐8 B. Approval of City Check Register 9 C. Minutes of Boards and Commissions: 1. Planning Commission – August 12 and October 14, 2019 10‐23 2. Human Services Commission – August 12, 2019 24‐25 3. Board of Zoning Authority – September 24, 2019 26‐31 4. Environmental Commission – September 23, 2019 32‐34 D. Receipt of September 2019 Financial Reports 35‐48 E. Designate Polling Places for the 2020 Election Cycle 19‐59 49‐50 4. Public Hearing 5. Old Business 6. New Business All Ordinances listed under this heading are eligible for public input. A. First consideration ‐ Ordinance 673 and 674 ‐ Regulating Solid Waste Collection and Solid Waste 51‐83 B. Second Consideration – Ordinance 671 – Gambling Ordinance Amendments 84‐87 C. Second Consideration – Ordinance 672 – Establishing 2020 Master Fee Schedule 88‐122 D. Review of Council Calendar E. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment Wednesday ‐ November 6, 2019 – 6:30 pm Council Chambers Golden Valley City Hall 7800 Golden Valley Road REGULAR MEETING MINUTES 1. Call to Order The meeting was called to order at 6:30 pm by Mayor Harris. 1A.Pledge of Allegiance 1B.Roll Call Present:Mayor Shep Harris,Council Members Joanie Clausen,Larry Fonnest,Gillian Rosenquist and Steve Schmidgall Staff present:City Manager Cruikshank,City Attorney Cisneros and City Clerk Luedke 2.Additions and Corrections to Agenda MOTION made by Council Member Fonnest,seconded by Council Member Schmidgall to approve the agenda of October 2,2019,as submitted and the motion carried. 3.Approval of Consent Agenda MOTION made by Council Member Schmidgall,seconded by Council Member Clausen to approve the consent agenda of October 2,2019,as revised:removal of 3E Accept the resignation from Environmental Commission,3G Board/Commission Appointments and 3I Approve Memorandum of Understanding with the Golden Valley Garden Club and the motion carried. 3A.Approval of Minutes: 1.City Council Meeting September 17,2019 3B.Approve City Check Register and authorize the payments of the bills as submitted. 3C.Licenses: 1.Authorize renewal of the New/Used Vehicle Dealer Licenses for Jaguar/Landrover Minneapolis,8905 Wayzata Blvd.,for the 2019 2020 license period. 3D.Minutes of the Boards and Commissions: 1. Rising TIDES Task Force July 9 and August 13.2019 2. Special Board of Zoning Appeals September 9,2019 3. Bassett Creek Water Management Commission August 12,2019 3E.Accept the resignation from the Environmental Commission. 3F.Receive and file the August 2019 Financial Reports. 3G.Board/Commission Appointments. 3H.Approve an extension until July 2,2020,for Conditional Use Permit 161 2429 Douglas Drive North with the following condition:All outstanding items documented in the letter sent to Retro Companies,Inc.,by Joe Kauth,Building Official,and dated May 10,2019,shall be resolved prior to November 2,2019. 3I.Approve Memorandum of Understanding License Agreement with the Golden Valley Garden Club. October 2,2019 6:30 pm Council Chambers Golden Valley City Hall 7800 Golden Valley Road City of Golden Valley City Council Regular Meeting Minutes October 2,2019 6:30 pm 2 3.Items Removed From the Consent Agenda: 3E.Accept Resignation from the Environmental Commission The Council thanked Ms.Lynn Gitelis for her service on the Environmental Commission. MOTION made by Council Member Clausen,seconded by Council Member Rosenquist to accept the resignation of Ms.Gitelis from the Environmental Commission and the motion carried. 3G.Board/Commission Appointments Council Member Clausen said the Council interviewed Board and Commission candidates for open positions before tonight’s City Council meeting. MOTION made by Council Member Clausen,seconded by Council Member Schmidgall to approve the following Board and Commission and Task Force appointments and the motion carried. Open Space Recreation Commission Environmental Commission Bill Delaney 1 year expires 5/1/2020 Susan Phelps 1 year expires 5/1/2020 Rising TIDES Task Force Brad Taylor 3I.Approve Memorandum of Understanding License Agreement with the Golden Valley Garden Club Development and Assets Supervisor Eckman provided information on the Golden Valley Garden Club and the Memorandum of Understanding agreement.He answered questions from Council. MOTION made by Council Member Fonnest,seconded by Council Member Clausen to approve the Memorandum of Understanding and License Agreement with the Golden Valley Garden Club and the motion carried. 4.Public Hearing 4A.Public Hearing Special Assessments 2019 Delinquent Utility Bills Finance Director Virnig presented the staff report and answered questions from Council. Mayor Harris opened the public hearing.No one came forward.Mayor Harris closed the public hearing. MOTION made by Council Member Clausen,seconded by Council Member Schmidgall to adopt Resolution 19 54,adopting and confirming assessments for 2019 Delinquent Utility Billing.Upon a vote being taken the following voted in favor of:Clausen,Fonnest,Harris,Rosenquist and Schmidgall,the following voted against:none and the motion carried. City of Golden Valley City Council Regular Meeting Minutes October 2,2019 6:30 pm 3 4B.Public Hearing Special Assessments 2019 Delinquent Miscellaneous Charges Finance Director Virnig presented the staff report and answered questions from Council. Mayor Harris opened the public hearing.No one came forward.Mayor Harris closed the public hearing. MOTION made by Council Member Schmidgall,seconded by Council Member Clausen to adopt Resolution 19 55,adopting and confirming assessments for Delinquent 2019 Miscellaneous Charges.Upon a vote being taken the following voted in favor of:Clausen,Fonnest,Harris, Rosenquist and Schmidgall,the following voted against:none and the motion carried. 5.Old Business 6.New Business 6A.Endorsing Pollinator Protection and Promoting Pollinator Habitat Development and Assets Supervisor Eckman presented the staff report and answered questions from Council. Ms.Jeanne Iverson,1437 Orkla Drive,said she was the spokesperson for the Golden Valley Garden Club.She provided highlights of events that the Garden Club had been involved in.She thanked the Council,Environmental Commission and city staff for their efforts for the cause. MOTION made by Council Member Fonnest,seconded by Council Member Schmidgall to adopt Resolution 19 56,endorsing Pollinator Protection and promoting Pollinator Habitat.Upon a vote being taken the following voted in favor of:Clausen,Fonnest,Harris,Rosenquist and Schmidgall, the following voted against:none and the motion carried. 6B.Central Park West PUD No.121,Amendment 4 10 West End Planning Manager Zimmerman presented the staff report and answered questions from Council. MOTION made by Council Member Schmidgall,seconded by Council Member Clausen to approve the Central Park West PUD No.121,Amendment 4,and to authorize the Mayor and City Manager to sign the amended PUD Permit and the motion carried. MOTION made by Council Member Schmidgall,seconded by Council Member Clausen to approve the First Amended Development Agreement for Central Park West PUD No.121 and the motion carried. MOTION made by Council Member Schmidgall,seconded by Council Member Clausen to approve the Assumption of Development Agreement and Consent to Assumption for Central Park West PUD No.121 and the motion carried. City of Golden Valley City Council Regular Meeting Minutes October 2,2019 6:30 pm 4 6C.First Consideration of Tobacco Licensing and Regulation Ordinance City Clerk Luedke presented the staff report and answered questions from Council.City Attorney Cisneros answered questions for Council. Mayor Harris stated that per the Council’s agenda all ordinances listed under new business are eligible for public input.The following participants addressed the Council. Ms.Gretchen Weinke,Golden Valley Liquor Barrel,7890 Olson Memorial Highway,said Liquor Barrel has be in Golden Valley for over 30 years and that they sell both alcohol and tobacco products.She said they have a wonderful compliance record and she felt only one side of the issue has been presented.She said if the purpose of the ordinance was to prohibit youth from obtaining tobacco products Tobacco 21 would do take care of that but if the purpose was to help adults quit smoking,she felt the best way was to raise tobacco prices not limiting the sale of menthol products.She said vaping products are different from menthol products used mainly by adults.She said she was concerned if she could no longer sell menthol products that it would drive her customers to cities that could.She added that she always heard small businesses were valuable in the City and she would like to know how valuable they are. Dr.Tom Kottkle,HealthPartners Medical Director,said on of HealthPartners priority is to improve health by preventing youth access to tobacco products because tobacco use is the number one preventable cause of death in Minnesota.He said smoking costs Minnesota over 3 billion dollars a year in medical expenses and this could aid in reducing that.He said tobacco use has been falling so the industry now promotes other products like e cigs,which are not safe.He felt banning all favors including menthol was the right thing to do.He said on behalf of HealthPartners,he urged the Council to adopt this ordinance and thanked them for their leadership on the issue. Mr.Adam Lange,Manager at Down in the Valley,8020 Olson Memorial Highway,said that Down in the Valley supports Tobacco 21 and that most youths were either getting tobacco products from others or through the internet.He said a study done showed when 14 to 17 year olds attempted to buy tobacco products from 98 on line vendors only five of the sales were rejected.He added the on line vendors are supposed to verify the purchaser’s age upon delivery but 0 of the 98 vendors did and 95%of the deliveries were left at the door.He said the Golden Valley retailers have a stellar record of stopping sales to underage youth but felt since the majority of sales to youth were done on line it was unnecessary to prohibit the sale of favored tobacco. Ms.Megan Beck,1324 Valders Avenue North,said they moved to Golden Valley recently to raise their family.She said many preventable diseases come from tobacco use.She felt this ordinance would save lives and keep health costs down by helping youth not start smoking.She said a National Youth Tobacco survey said e cigs are the most popular way for youth to become addicted to tobacco products and the most effective way to help youth not get addicted was by prohibiting these products.She added some youths do not realize e cigs contain nicotine but think they only contain a flavoring.She said by passing this ordinance,the City would be sending a message to the young people that they are a priority. City of Golden Valley City Council Regular Meeting Minutes October 2,2019 6:30 pm 5 6C.First Consideration of Tobacco Licensing and Regulation Ordinance continued Mr.Gene Nichols,Open Cities Health Center,St.Paul,said Open Cities provides health care services to the uninsured and under insured.He provided a description of their services,which includes addressing tobacco use to improve the health of African Americans in Minnesota.He said providers see a direct link between nicotine addiction and other health issues.He said a study conducted researching the impact of menthol tobacco on the African American community found that 84%smoked menthol tobacco and 72%agreed that menthol made it harder to quit.He said the tobacco industry targeted their community by providing free samples and sponsoring events. He said there might be a concern for the tobacco retailers but tobacco kills 600,000 Americans a year and costs 3 billion in health care cost,which is 593 for every person in this state and that this out ways the cost to the retailers. Mr.Tom Lehman,4525 Douglas Drive,said he was an employee at Blue Cross when they were involved in the tobacco industry lawsuits in which Blue Cross received money that they used for education.He read a New York Times article that provided information on a study conducted at the Mayo Clinic that said samples of the chemical from lung injuries of those who used e cigs were similar to someone exposed to toxic chemicals.He said he was involved in the ordinance 15 years ago and at that time,they were told by the businesses that if the ordinance passed they would leave the City but many are still here.He added that this ordinance would make the City a healthier place to live. Ms.Emily Walter,8091 Duluth Street,said she supports restricting tobacco sales in pharmacies because it sends a mixed message to customers who come in for health products and services.She said tobacco users find it hard to quit when tobacco was sold in same stores where they fill their prescriptions.She said a study showed that pharmacies use price promotions to advertise tobacco products that appeal to youth and as a result,tobacco products costs less than at other retailers. Ms.Brit Bakke,1341 Orkla Drive,said she was happy Golden Valley was considering new policies regarding tobacco sales.She said both her parents were addicted to tobacco when they were teenagers and she did not want that to happen to her kids.She said her seven year old was learning to read so he has been reading signs and becoming aware of what tobacco is and where to buy it.She said she has friends with older children who vape and that vaping is a problem in our schools.She said other cities have already increased the age of sale to 21 and felt Golden Valley should do that along with restricting kid friendly favored products.She said a strong policy for tobacco preventative would result in public health gains for our community. Ms.Tracy Toomey,617 West Wood Drive,said she was in support of this policy.She said she is a public health professional and a professor who researches the effects of policies on substance use. She said her expertise is in the use of alcohol,when the age of sale moved to 21 research showed a decrease in consumption and related problems.She said she expects to see similar results with T21.She added there has been research on density of outlets and when there are more,there are more problems so she was glad density was included in the consideration. Ms.Meghan Shea,Coalition of Neighborhood Retailers,said she appreciated speaking on behalf of the Golden Valley convenience stores.She said some unintended consequences are that stores would be isolated because they saw similar effects in other cities that passed similar ordinances. City of Golden Valley City Council Regular Meeting Minutes October 2,2019 6:30 pm 6 6C.First Consideration of Tobacco Licensing and Regulation Ordinance continued She said retailers would lose thousands of dollars because they do not only lose the tobacco sale but also the sale of all other products because customers will move to other cities to be able to get all of their products at one stop.She said Golden Valley retailers would like to work with the City in preventing youth access to tobacco products.She said other thing that may happen is illicit sales from people buying in bulk outside of the cities and bringing the products into the City to sell. Ms.Peggy Lepik,7500 Western Avenue North,said she has been aware of the health effects of tobacco since she was a child because her mother was allergic to tobacco smoke.She said she served on the Minnesota Partnership for Action against Tobacco board now called Clearway and that they made a lot of progress especially in reducing youth smoking.She said the tobacco industry has found other ways of hooking the youth with vaporing which can be deadly.She said she was proud of Golden Valley for passing one of the most comprehensive ordinances in 2004 and now she was hopeful they would do the same with this ordinance. Mr.Scott Farrel,Down in the Valley,said they have been in Golden Valley for 47 years and he thanked the City for meeting with them.He said the proposed ordinance would have a negative impact on their business.He said Down in the Valley is happy to work with T21,which would take the high school students out of the sale.He said there was a difference in passing T21 and prohibiting tobacco favors but he appreciated all retailers would be on a level playing field. There was much Council discussion regarding the proposed ordinance regarding the licensing and regulation of tobacco. MOTION made by Council Member Fonnest,seconded by Council Member Clausen to adopt first consideration Ordinance 670,Repealing in its Entirety Article VI.Tobacco and Adding a New Article VI.Tobacco Licensing and Regulation.Upon a vote being taken the following voted in favor of:Clausen,Fonnest,Harris,Rosenquist and Schmidgall,the following voted against:none and the motion carried. 6D.Review of Council Calendar Some Council Members may attend the League of Women Voter’s City Council Candidate Forum on October 3,2019,at 7 pm in the Council Chambers. Some Council Members may attend the Burntside/Westwood Neighborhood meeting on October 3,2019,at 6:30 pm in the Council Conference Room. The Golden Valley Fire Department Donut Day will be held on October 5,2019,from 8 to 10 am at all three fire stations. Mighty Tidy Day will be on October 5,2019,from 8 am to 1 pm in Brookview Park. Some Council Members may attend the Kelly Drive Pumpkin Festival on October 5,2019,at 11 am located at the Kelly Drive and Duluth Street Intersection. City of Golden Valley City Council Regular Meeting Minutes October 2,2019 6:30 pm 7 6D.Review of Council Calendar continued Some Council Members may attend the Market in the Valley on October 6,2019,from 9 am to 1 pm located on the City Hall Campus. The next Council/Manager meeting will be on October 10,2019,at 6:30 pm. Some Council Members may attend the Unity Minneapolis 100th Anniversary Celebration on October 12,2019,at 6 pm located at The Metropolitan Ballroom located 5418 Wayzata Blvd. Some Council Members may attend the Rising TIDES Task Force meeting on October 15,2019, from 5:15 to 6:15 pm in the Council Conference Room. The next Housing and Redevelopment Authority meeting will be on October 15,2019,at 6:30 pm. The next Council meeting will be on October 15,2019,immediately following the HRA meeting. Some Council Members may attend the Downtown Study Open House on October 21,2019,from 5 to 7 pm located at Brookview located at 316 Brookview Parkway. Some Council Members may attend the Quad Community Military and Veteran Exchange on October 22,2019,from 11:30 am to 1:30 pm located at Charles Kneable VFW Post 494 located at 5222 Bass Lake Road,Crystal. Some Council Members may attend the 2020 Pavement Management Program Open House on October 23,2019,from 4:30 to 7 pm located at Brookview located at 316 Brookview Parkway. Some Council Members may attend the Rising TIDES Open Forum on October 23,2019,at 6:30 pm located at Brookview located at 316 Brookview Parkway. Some Council Members may attend the Golden Valley Business Council on October 24,2019, from 7:30 to 9 pm located at Brookview located at 316 Brookview Parkway. 6E.Mayor and Council Communication No action and/or discussion took place. 7.Adjourn MOTION made by Council Member Rosenquist,seconded by Council Member Fonnest and the motion carried to adjourn the meeting at 8:42 pm. Shepard M.Harris,Mayor ATTEST: Kristine A.Luedke,City Clerk Golden Valley City Council Meeting November 6, 2019 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/Public/Browse.aspx?startid=717279&dbid=2 The check register for approval: o 10/18/2019 Check Register REGULAR MEETING MINUTES Call to Order The meeting was called to order at 7 pm by Chair Blum Roll Call Commissioners present: Rich Baker, Ron Blum, Andy Johnson, Lauren Pockl, Ari Prohofsky, Ryan Sadeghi, and Chuck Segelbaum Commissioners absent: Adam Brookins Staff present: Planning Manager Jason Zimmerman, Planning Intern Emily Anderson, and Administrative Assistant Lisa Wittman Council Liaison present: Steve Schmidgall Approval of Agenda MOTION made by Pockl, seconded by Baker to approve the agenda of August 12, 2019, as submitted and the motion carried unanimously. Approval of Minutes MOTION made by Pockl, seconded by Johnson to approve the July 22, 2019, minutes as submitted and the motion carried. Commissioner Baker abstained. Public Hearing – Mixed Use Zoning District Applicant: City of Golden Valley Purpose: To consider amending the existing I-394 Mixed Use Zoning District language Zimmerman gave some background information about the current I-394 Mixed Use Zoning District. He stated that the changes to this district which the Commission has been discussing over the past four months were suggested in the City’s 2040 Comprehensive Plan as a way to take some of the same development principles in the current I-394 Mixed Use Zoning District and apply them elsewhere in the City. Zimmerman referred to the proposed new Zoning Code language and said he would like to review the purpose statement, the descriptions of the proposed three subdistricts, the building setbacks and height regulations, uses, and other development standards. Zimmerman reviewed the proposed purpose statement and each of the proposed subdistricts which include the Neighborhood Subdistrict, the Community Subdistrict, and the Employment Subdistrict. August 12, 2019 – 7 pm Council Chambers Golden Valley City Hall 7800 Golden Valley Road City of Golden Valley Planning Commission Regular Meeting August 12, 2019 – 7 pm 2 Zimmerman next reviewed the principles used when considering building setbacks and height regulations. He stated that the main focus was to require buildings to be located close to the front lot line and to push surface parking to the rear of a lot, to avoid canyon-like streetscapes by stepping back the fronts of buildings along streets, to establish a minimum and a maximum height of buildings to help provide a pedestrian-friendly environment, and to reduce the potential impact of building height on adjacent single family homes by limiting the number of stories within a certain distance of abutting properties. Zimmerman stated that the next area their discussions focused on was impervious surface coverage and open space. He stated that the proposed code language allows additional impervious coverage as a way to support increased density in the mixed use areas, but it prioritizes building coverage over surface parking. He said the Code also requires useable outdoor spaces to be included in mixed use developments, and it encourages larger, coordinated open space amenities within mixed use areas. Zimmerman stated that the last area their discussions focused on was uses and other development standards. He explained that in the proposed code language multiple uses within a single parcel or building are encouraged, home occupations are allowed, and some uses are restricted by having limits placed on gross square footage and the number of surface parking spaces allowed. He added that the Employment Subdistrict includes Light Industrial uses which could be manufacturing uses, R&D, makerspaces, and warehouses. Zimmerman said the outstanding questions/items for discussion include: whether there should be a minimum height exemption for small buildings, whether drive-thrus should be conditional or restricted uses, if gasoline sales and auto repair should be allowed in the Employment Subdistrict, if Child Care as an accessory use should be allowed in the Employment Subdistrict, a definition of “makerspaces,” and right-of-way obstruction permits for awning/canopies over sidewalks. Segelbaum asked Zimmerman if he is looking for feedback regarding “height” or “number of stories.” Zimmerman said the consensus in past discussions was not to consider stories but to require all buildings to be a minimum of 26 feet in height. He said there is currently an exemption in the Code that allows buildings 5,000 square feet or less in size in the Neighborhood Subdistrict to be less than 26 feet in height. Baker questioned if the exemption should apply to the square footage of the lot and not the square footage of the building. Zimmerman said the current language in the I-394 Mixed Use Zoning District says that buildings 5,000 square feet or less in size are exempt. He said the concern is creating a sufficient pedestrian supportive environment if there are one-story buildings. Segelbaum asked if the 5,000 square feet refers to the building itself, gross floor space, or finished floor space. Zimmerman said the language is just 5,000 square feet but he assumes that means gross floor space. Johnson said any of the Mixed Use properties could have buildings that were four stories and it would seem way out of proportion to have a smaller building. He added that taking the exemption out might encourage a group of properties to be developed together as opposed to one at a time with a single building that might be out of proportion. City of Golden Valley Planning Commission Regular Meeting August 12, 2019 – 7 pm 3 Pockl questioned how the minimum height exemption issue was raised and if other cities allow for similar minimum height exemption for small buildings. Zimmerman said he believed it came about with the creation of the I-394 Mixed Use Zoning District because there are a lot of existing buildings that the City wanted to accommodate and not make nonconforming. Baker asked if the exemption would encourage the retention small buildings. Zimmerman said potentially it could and that without allowing the exemption they may be more encouraged to have something above the first story of a smaller building. Segelbaum said in most cases buildings match the lot size and developers don’t typically build a small building on a large lot so it seems likely that they don’t need to change the exemption based on lot size. Sadeghi said he thinks having the exemption would make sense if there are opportunities for smaller single story businesses, restaurants, etc. if they are able to make it work. Blum questioned if that is a trade-off with the goals of walkability and the style of the district and if allowing a smaller building surrounded by cars and pavement would be the opposite of what they’ve been trying to design. He added that changes can be made in the future if the City isn’t seeing the appropriate development. Segelbaum asked if the height of a building is measured at the front. Zimmerman said yes, height is measured at the front facade. Segelbaum proposed that buildings less than 5,000 square feet have to be 20 feet in height rather than 26 feet. Johnson asked what the height requirement would be if it didn’t have to be 26 feet. Zimmerman said it varies between 12 and 20 feet. Johnson said he wants to avoid having a small building surrounded by tall buildings. Zimmerman reiterated that the existing I-394 Mixed Use Zoning District and the current proposed Mixed Use Zoning District language has the height exemption in it. Johnson proposed that the exemption language be taken out of the Code so that all buildings are required to be 26 feet in height and to handle exceptions as they come. The consensus of the Commission was to remove the exemption language. Zimmerman said the next question staff would like feedback on is drive-thrus. He stated that currently a Conditional Use Permit is required for drive-thrus in all zoning districts. He referred to the proposed language regarding drive-thrus in the Mixed Use Zoning District which states that drive-thru facilities and lanes shall be located behind the principal structure, queuing lanes shall not interfere with pedestrian circulation, and canopies and other structures shall be constructed from the same materials as the principal structure. He explained that the options are to have these be the guiding rules or to require drive-thrus to go through the review and approval process for a Conditional Use Permit. Baker asked about the pros and cons of the two options. Zimmerman said that he has had feedback that drive-thrus seem so straightforward that it is burdensome to have to go to the Planning Commission and the City Council for approval. Zimmerman said he would recommend that drive-thrus are a restricted use which would still require site plan review. Segelbaum said people have very strong opinions about drive-thrus and he thinks it would be helpful to the City Council to have the review process so he suggests they be left as a conditional use. City of Golden Valley Planning Commission Regular Meeting August 12, 2019 – 7 pm 4 Johnson questioned how parking and drive-thru lanes could both be located behind a building without interfering with pedestrian circulation. Zimmerman agreed that the site design will have to make sure queuing lanes are set up so that they don’t cross main walkways. Zimmerman asked the Commissioners for their feedback regarding gasoline sales and auto repair in the Employment Subdistrict. Pockl asked if those uses would be subject to the 26-foot height requirement. Zimmerman said as the Code is currently written they would have to be 26 feet in height. Pockl referred to setbacks for gasoline stations and asked if they are measured from the pumps or from the building. Zimmerman said they are measured from the building and that it seems to imply that it may be challenging to have this use in this district. Baker said it doesn’t seem like this district is suitable for gasoline sales or auto repair uses. Blum agreed. Zimmerman next asked the Commissioners about allowing child care as an accessory use to a larger office building, or as a stand-alone child care business in the Employment Subdistrict. He explained that the proposed new Mixed Use District language would allow child care as an accessory use along with a business, but not as a stand-alone child care business. The Commissioners agreed that stand-alone child care businesses should also be allowed in the Mixed Use District. Zimmerman next referred to “makerspaces” and explained that the TOD consultants have discussed allowing them in the Employment Subdistrict. He explained that “makerspaces” are collaborative spaces where people can share tools, equipment, ideas, etc. that tend to be in light industrial areas. He said if the Commission likes the idea of allowing “makerspaces” staff can work on developing a clear definition and requirements. Blum asked if “makerspaces” are really so different that they need to be separate and called out in the Code. Zimmerman said that they are unusual and new and doesn’t fit nicely with any of the existing use categories so it felt like it was worth calling out and defining. Baker asked where in the Zoning Code “makerspaces” would be located. Zimmerman said there would be a definition and they would be allowed in the Light Industrial Zoning District as well as the Employment Subdistrict in the Mixed Use District. Segelbaum said it is fine to encourage “makerspaces” but he doesn’t think it needs to be specially carved out in the Zoning Code. The Commissioners agreed. Zimmerman said the last question he wanted feedback about is allowing canopies and awnings in the front of buildings over sidewalks, and if they would require a right-of-way obstruction permit. Baker said he doesn’t think canopies and awnings on a public sidewalk are very inviting. Segelbaum asked if there are requirements such as height, etc. Zimmerman said yes, and noted that currently the Zoning Code requires 10 feet of height. He added that ultimately the City would have the ability to not grant a permit. Sadeghi said awnings feel urban and allowing those types of features would improve walkability. City of Golden Valley Planning Commission Regular Meeting August 12, 2019 – 7 pm 5 Zimmerman said that the next step will be to bring this proposed Zoning Code language to the City Council with an effective date set in the future to allow time for property rezonings to take place. He explained that there will also be other necessary code changes such as amending the architectural and materials standards section and the sign regulations to include this new Zoning District. Blum opened the public hearing. Hearing and seeing no one wishing to comment Blum closed the public hearing. Johnson asked to see the Future Land Use map and asked Zimmerman to point out all of the locations that would be Mixed Use. Zimmerman referred to the map and discussed each location. Johnson asked if language encouraging public art could be added. Zimmerman said yes and noted that there is language regarding public art in the existing I-394 Mixed Use Zoning District that could remain in the proposed new language. MOTION made by Baker, seconded by Johnson to recommend approval of replacing the I-394 Mixed Use Zoning District with a new Mixed Use Zoning District and the motion carried unanimously. Discussion – Zoning Study Anderson reviewed the goals of the Zoning Study which include updating uses, making the Zoning Code easier to understand, aligning with other peer cities, making sure all of the uses are reflected in the minimum parking requirements, and consider having restricted uses in the Code. Anderson referred to manufactured homes and stated that they would be considered a single family dwelling according to the Zoning Code. She explained that the City is required by law to allow manufactured homes as long as they conform to local zoning and building codes and that state law allows requires manufactured home parks to be a conditional use in any zoning district that allows the construction or placement of a building used or intended to be used by two or more families. She added that as a result of this study, manufactured home parks will be added as a conditional use in the R-2, R-3, and R-4 Zoning Districts. Anderson stated that there are some required changes to the Zoning Code including adding community centers as a use in the Institutional Zoning District, and amending the R-3 Zoning District to allow 20 units per acre for multifamily dwellings and 30 units per acre for senior housing as required by the Met Council in the 2040 Comprehensive Plan update. Anderson stated that there are a number of uses to consider adding to the Zoning Code and that staff would like the Commissioners feedback on some them. The first use to consider is adding bed and breakfasts as a conditional use in the R-1 and R-2 Zoning Districts. Segelbaum said he would have been against allowing bed and breakfasts but considering that so many other cites allow them, maybe they should consider it. Blum said he is against it because it invites a business presence into a single family neighborhood and it doesn’t feel like it fits. City of Golden Valley Planning Commission Regular Meeting August 12, 2019 – 7 pm 6 Johnson asked about the definition of a bed and breakfast and how it compares to an Airbnb. Baker said people aren’t given breakfast and don’t have a host in an Airbnb whereas there are multiple rooms and a host serving breakfast in a bed and breakfast. Johnson asked if the issues are traffic and unknown people coming in and out. Baker said they might want to consider eliminating both uses. Johnson asked if there are current rules for Airbnbs. Zimmerman said they are currently allowed and that the City Council has discussed Airbnbs in the past. He explained that the challenge with outlawing them is that it is hard to catch people doing it, it is hard to enforce, and cities can end up spending more money and time with enforcement than with the problem they are trying to solve. Segelbaum proposed that bed and breakfasts be left out of the Code. The Commissioners agreed. Anderson said the next topic for consideration is adding row homes and/or townhomes as a permitted or conditional use in the R-2 Zoning District. Segelbaum asked Anderson what is permitted because he thought townhomes were allowed in R-2. Zimmerman stated that the current R-2 Zoning District language allows single family homes or twin homes, but it doesn’t allow more than two units to be connected. He explained that there would need to be discussion about how many units would be allowed, setbacks, height, lot coverage, etc. Baker said he knows they are trying to reduce the number of Conditional Use Permits, but this seems like the perfect use for a Conditional Use Permit rather than a restricted use by right. Segelbaum said they’ve worked hard at zoning the R-1, R-2, and R-3 districts, and to him this is real expansion of the R-2 Zoning District, especially since they are directly abutting R-1 in many cases. Anderson said staff could provide a map showing where the R-2 districts are located and what they are abutting. Pockl asked if the only difference with R-1 and R-2 is that R-2 allows two family dwellings. Zimmerman said that is correct. She asked if there has ever been any consideration of taking away two family dwellings, and if the duplex language could be replaced with townhomes. Segelbaum said a townhome by definition would include a duplex. Pockl said she feels the look and aesthetic is different between townhomes and duplexes. Baker said the use of the word townhome or row home does not limit it to two units. Zimmerman said allowing townhomes and/or row homes would be a way of having something that is less dense than an apartment building. He referred to the north half of Douglas Drive where it is guided for R-2 and where the Planning Commission has said they may like to allow this type of use. Johnson asked if allowing townhomes or row homes would help with the City’s affordable housing goals. Zimmerman said the cost varies but it would provide more housing options for the missing middle between single family homes and apartments. Segelbaum said he is willing to consider allowing more townhomes and/or row homes, but he is concerned about permitting more duplexes by doing that. Sadeghi said he thinks there are just a handful of properties where this sort of development would make sense and if they are allowed as a Conditional Use he would be in favor of including them. City of Golden Valley Planning Commission Regular Meeting August 12, 2019 – 7 pm 7 Anderson said the next item for consideration is adding bowling alley as a permitted use in the Commercial Zoning District. She explained that there are parking requirements for bowling allies but they are not listed in the land uses so it should either be added as a use or removed from the parking requirements. She added that a larger topic in the Zoning Study is the listing of every use allowed in the Commercial Zoning District and whether more general statements should be used instead that allows different retail uses. Zimmerman added that many cities use more general categories and only call out the uses that require a Conditional Use Permit or some other special consideration. Baker asked about only listing what is prohibited. Zimmerman said it gets difficult to list every single use that is allowed or prohibited. Baker suggested staff bring the Commission some examples. Anderson said the next item to consider is adding hotels/motels as a permitted use in the Light Industrial and Office Zoning Districts. She stated that currently they are allowed in the Commercial and Industrial Zoning Districts. She added that staff would also like feedback on whether hotel/motel should be kept as a permitted use in the Industrial Zoning District. She referred to a chart showing what other cities allow in regard to hotels and motels. Segelbaum said it makes sense to study it further. The Commissioners agreed. Johnson asked if hotels/motels would be allowed in the Mixed Use District. Zimmerman said they would be allowed in the Community and Employment Subdistricts. Anderson referred to several uses listed in the Zoning Code and asked for feedback about whether or not they should be removed. These uses included removing hotel/motel and vending machines from the Industrial Zoning District, and removing comfort stations, vending machines, marine engine repair, pool hall, and messenger/telegraph services from the Commercial Zoning District Pockl asked if pool halls could be included in the indoor commercial recreation use. Zimmerman said it is a question of whether they need to be specifically called out. Segelbaum said he thinks there will be more and more use of vending services such as laundry services or red box, etc. Pockl asked if vending machines are defined. Anderson said vending machines are not defined in the Code. Zimmerman said there is a better way to define vending machines to include services and to also find a way to simplify things and remove redundancies. Anderson said staff would like feedback about using the term indoor recreational facilities as a way of covering a wide variety of uses. Pockl asked if a game room is considered Industrial. Zimmerman referred to a few existing uses in the City and said indoor recreational facilities could include uses such as escape rooms, lasertag, trampoline parks, etc. Baker said given the trend of these types of recreational uses, leaving the definition wide open makes him nervous. Zimmerman said the challenge is finding a way to allow these types of uses but still having some discretion and a way to control the impacts. City of Golden Valley Planning Commission Regular Meeting August 12, 2019 – 7 pm 8 Blum asked if these uses would fit into another category like a gym. Zimmerman said these uses are more of an entertainment activity and don’t really fit it with a gym or health club use which is more of a physical activity. Baker said he is inclined to leave these uses as conditional uses so that there is a review process. Zimmerman said staff can bring back a list of types of these kinds of uses. Anderson said the next steps are to update the Code based on the feedback from the Planning Commission, bring new changes to the Planning Commission for consideration, revise the Code and compile a list of changes, and hold public hearings. Short Recess-- Council Liaison Report Council Member Schmidgall updated the Commission on a recent open house held at Brookview to discuss changes to the Tobacco ordinance. He stated that at the next Council/Manager meeting they will be discussing the Council Chambers remodeling project, they will be looking at the goals they established at the beginning of the year to see where they are at, and they will be looking at the budget. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals, and other meetings Zimmerman reported on a walking audit he and Commissioner Johnson recently attended. Other Business No other business was discussed. Adjournment MOTION made by Pockl, seconded by Johnson and the motion carried unanimously to adjourn the meeting at 8:51 pm. Adam Brookins, Secretary Lisa Wittman, Administrative Assistant REGULAR MEETING MINUTES Call to Order The meeting was called to order at 7 pm by Chair Blum Roll Call Commissioners present: Rich Baker, Ron Blum, Adam Brookins, Andy Johnson, Lauren Pockl, Ari Prohofsky, and Chuck Segelbaum Commissioners absent: Andy Johnson and Ryan Sadeghi Staff present: Planning Manager Jason Zimmerman and Planner Myles Campbell Council Liaison present: Steve Schmidgall Approval of Agenda MOTION made by Segelbaum, seconded by Baker to approve the agenda of October 14, 2019, as submitted and the motion carried unanimously. Approval of Minutes MOTION made by Baker, seconded by Pockl to approve the August 12, 2019, minutes as submitted and the motion carried. Discussion – Narrow Lots Zimmerman explained that the City Council has asked that the Planning Commission to look at the regulations around the development of narrow lots which are lots 65 feet or less in width and how they might be adjusted. He noted that newly created lots are not allowed to be created at that width. Segelbaum asked if it is the R-1 regulations they are discussing. Zimmerman said yes. Zimmerman referred to subdivisions, tax parcel divisions, and variances. He explained that subdivision is the splitting or replatting of one or more lots into two or more lots which the City Council must approve if the proposal meets the minimum standards set by City Code. He stated that North Tyrol has been the focus of attention and noted that since 2014 (since the Subdivision Study) there have been four approved subdivisions, one new lot created with old MnDOT right-of-way, and one subdivision proposal under review which is a net gain of six lots in this area. Zimmerman explained that tax parcel division is the administrative separation by Hennepin County of two or more already existing platted lots. He stated that there are a number of places around the City where people own two lots but build one house across both of them. Often this involves narrow lots and when the structure is removed Hennepin County can assign new parcel IDs (PID) to each lot and they can be used as separate individual lots. He added that the City does not have the authority to deny use of October 14, 2019 – 7 pm Council Chambers Golden Valley City Hall 7800 Golden Valley Road City of Golden Valley Planning Commission Regular Meeting October 14, 2019 – 7 pm 2 these individual lots because they were approved by the City, and they were legally created they just happen to have been held in common ownership and they are legally able to be developed. Segelbaum asked if this situation always involves properties that have only one PID. Zimmerman said yes, typically it is lots that have one PID but the underlying plat shows two or more lots. Baker asked if the trigger of concern is the assignment of a second PID or if someone platted the property this way 50 years ago and just have one house. Zimmerman said the point at which the City gets involved is when the County asks for the City to sign off on the assignment of another PID. He said there is some neighborhood interest in the City not granting that approval but the City doesn’t have the ability to do that unless the lot is unbuildable or there are structural setback issues. Zimmerman stated that the City Council discussed this issue in November of 2017. He stated at that time the history of platting, the relative ease/likelihood of redevelopment, and the location of these types of properties were discussed. As a result, the recommendations by the City Council were to disallow nonconforming structures and to require communication with the neighborhood. Zimmerman referred to an aerial photo of the North Tyrol area and said that since 2014, there have been two approved tax parcel divisions with a net gain of two homes and there are two pending tax parcel divisions with the potential for more based on the 1915 Glenwood plat which has 98 existing lots but was originally platted with 164 lots that are each 40 feet wide. He stated that the concern is as those lots are redeveloped if the existing zoning regulations are sufficient to help adjacent neighbors with issues such as distance between structures, height, stormwater runoff, etc. Zimmerman next referred to variances and stated that Board of Zoning Appeals decisions are final unless appealed to the City Council by the applicant. He noted that in the past 5-6 years the Board has approved approximately 76% of the variances requested and agrees with staff recommendations approximately 80% of the time and that sometimes the requests are modified to better align with City priorities or precedents. Zimmerman referred to an aerial photo of the North Tyrol area and stated that since 2014, there have been 16 variances requested at 13 addresses and that 10 variances were granted. He said that there was one fence variance, one deck variance, three home addition variances, and five requested variances for new homes which were all corner lots. Blum asked Zimmerman if he thinks the statistics will continue in the future given past conversations in regards to maintaining consistency with present rules and only granting variances for true hardship. Zimmerman explained that the state standards changed in the early 2000s from having to prove hardship to having to show practical difficulty which is a much more achievable standard for the applicants. He said he doesn’t think there has been a big shift in the number of variances approved and that the Board and staff try to stay consistent with what they recommend and approve. City of Golden Valley Planning Commission Regular Meeting October 14, 2019 – 7 pm 3 Baker referred to the percentages of variances approved and asked why that is relevant. Zimmerman said there have been questions by some neighbors if the Board listens to the staff recommendation or if they deviate from them. He said that for the most part the Board is consistent with what they approve. Segelbaum referred to houses that are built across two narrow lots and asked if those are classified as nonconforming. Zimmerman said the Code states that if there is one structure across two lots it will be treated as one lot, but once that structure comes down they are treated as two lots. Blum referred to practical difficulties and asked if it is something created by the landowners own action if that is something the Board takes into consideration. Zimmerman said yes and added that a variance is supposed to be for something unique about the lot and not an action someone is taking which is open to interpretation. Blum asked if someone creates the practical difficulty by splitting their lot is something the Board of Zoning Appeals can consider and if that is something the City Attorney has examined. Zimmerman said yes the City Attorney has examined the issue and that there is a balance between an applicant bringing a lot division forward and asking for a variance if they are creating the need for the variance and on the other hand there are two legal lots and they are allowed to be built on. He added that most of the tax parcel divisions don’t involve variances except for some corner lots. Baker asked what the measure of success is for the Board of Zoning Appeals. If it is fewer variance requests, more denial of variance requests, or to air every variance that gets requested. He said it seems like there is a desire by some to keep the request for variances to as few as possible. Zimmerman said it varies from city to city and Golden Valley has historically tried to help homeowners find a reasonable solution as long as the impact to the surrounding properties is not great. Zimmerman referred to a recently built home on a 40 foot wide lot on Meadow Lane and said there was one home built across two 40 foot wide lots which was removed. The lots have been separated and there has been one new house built and a second house will be built in the future. He said there has been concern from the neighbors about what is new is impacting the neighbors and that started raising questions about what zoning regulations are in place and if they should be modified to take into account existing properties and structures when new homes are built. Baker stated that the new house is to the south of the neighboring property which impacts the neighbor. It is not just the proximity of the new home there are other issues as well. Zimmerman stated that at the May 2019 Council/Manager meeting the definition of narrow lots was discussed as lots having a width less than 65 feet, the history of combined tax parcels was discussed, and the resident’s concerns including setbacks, height, massing, and character were also discussed. He added that the majority of narrow lots (approximately 600) in the City are not combined tax City of Golden Valley Planning Commission Regular Meeting October 14, 2019 – 7 pm 4 parcels but are actually existing stand-alone lots with single family homes already on them so they need to think about changing the rules around these types of lots because there is the potential to make them become nonconforming. Baker asked how many of the 600 lots are combined properties. Zimmerman said none of them, they are all existing lots with homes on them. He stated that there are approximately 300 homes that are one home on two lots, approximately 400 homes that are one home on a lot and a half. He noted that if every single one of those lots were redeveloped there would be a net increase of about 500 homes across the entire City. Zimmerman stated that staff made four recommendations to the Council in May. First was to focus on lots that are less than 50 feet in width, second is to increase some setbacks, third is to modify the shape of the building envelope, and fourth is to address bump-outs and articulation requirements. He added that the Council decided to revisit this issue in the fall. So at this time, staff is recommending that side yard setbacks be increased for more separation and to help manage stormwater runoff, modifications to height restrictions, side wall articulation and roof pitch, and regulations around narrow corner lots to decrease the need for variances. Zimmerman stated that the Council has directed the Planning Commission to investigate and bring forward recommendations for narrow lots for consideration. He stated that conversations should include residents with all points of view, realtors, architects, and builders. Zimmerman explained that the topics staff would like the Planning Commission to investigate include what size (width) of lots should be included, side yard setbacks and front yards on corner lots, height including maximum height, overall height, and how to measure height, massing including looking at the “tent-shaped” building envelope, looking at the regulations around bump-outs and articulation, and if Floor Area Ratio should be used. In regard to design, one issue to consider is front yard versus alley garage access, and the amount of impervious coverage allowed should also be considered. He added that some other topics for the Planning Commission to investigate include stormwater management, tree removal/mitigation, and solar access. He discussed a potential timeline which ends with a public hearing in February or early March. Baker referred to the timeline and said he would like to hear from the public around the same time they hear from realtors, architects, and builders. Zimmerman agreed that feedback from the public would be helpful sooner. Pockl asked if the concerns that staff has already heard from the public are available for the Planning Commission to help them understand the issues. Zimmerman said yes and agreed that is a good starting point for this process. Blum said he thinks the public should be educated about the difference between subdivisions and tax parcel divisions because he thinks there may be some confusion between the two. Zimmerman City of Golden Valley Planning Commission Regular Meeting October 14, 2019 – 7 pm 5 agreed that should be part of the process. Blum referred to the potential timeline and said another night for debate might be helpful. Zimmerman said he agrees. Segelbaum asked if the public input will only be emails and voicemails. Zimmerman said that hasn’t been decided and that residents would probably want the chance to talk to the Planning Commission as well. The Commissioners agreed that they would like to include public comment during the process. Segelbaum noted that there are some limitations from a legal standpoint as to restricting this type of development. He asked if there is anything they need to understand or precedent about not eliminating tax parcel divisions but regulating them. Zimmerman stated that the risk is if people are restricted, or their ability to use their lots is limited, it could then become a taking because the City has rendered a lot unusable. Baker said that is a really important point that residents need to know. Segelbaum agreed. Zimmerman agreed and added that there is much less ability to control a tax parcel division versus a subdivision. Baker said the challenge is to see how much ability there is to control what is developed on narrow lots without making them impossible to use. Zimmerman referred to map and pointed out the areas of the City that have narrow lots. Segelbaum asked if any other municipalities have addressed this issue. Zimmerman said he has talked to Robbinsdale and St. Louis Park about their process for narrow lots. Pockl asked if there is a significant number of neighborhoods with alleys. Zimmerman said no and referred to a map showing some of the alleys which people use for access. Zimmerman asked the Planning Commission for feedback about other things that might need to be considered. Blum said his concern is structurally how they approach addressing everything. He said oftentimes issues of this nature are focused on particular neighborhoods and asked if they are going to consider overlay districts. Zimmerman said that is something that can be considered as this issue is studied. Baker said it seems overlay districts are more about being more permissive and less restrictive. Blum said it can go both ways. Brookins said he would prefer to focus on the smallest subset possible and he would like to hear from builders and realtors what it takes to make these narrow lots buildable and sellable. Zimmerman said he can bring the Commission more data that shows how many lots there are and what size they are so they know exactly what they are dealing with. Short Recess-- Council Liaison Report Council Member Schmidgall updated the Commission on a number of recent items before the City Council, including the decision to have the Planning Commission investigate the regulation of narrow lots in Golden Valley, a discussion regarding garbage hauling, the open house for the Downtown Study City of Golden Valley Planning Commission Regular Meeting October 14, 2019 – 7 pm 6 scheduled for October 21, the Pavement Management Program open house scheduled for October 23, a recently passed pollinator protection ordinance, the first reading of a tobacco 21 ordinance, and the pending groundbreaking for 10 West End. Segelbaum asked about the progress of the Xenia Apartments. Schmidgall reported that while construction was slow, it was continuing. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals, and other meetings No other reports were discussed. Other Business Zimmerman introduced Myles Campbell as the new Planner working for the City. Adjournment MOTION made by Baker, seconded by Pockl and the motion carried unanimously to adjourn the meeting at 8:10 pm. Adam Brookins, Secretary Lisa Wittman, Administrative Assistant E o —°' v) CL Ln ° > 3 v I i O 3 N U . O N N Y Or•1 Y O 00 N J LO W t m M m W 5Z G Z W W LLI I.I. M L. O 1 U 0 O C V) V1cu L Q V) O nLn U E cc U E Q- E U cN C N m ZOO L F. O' OM 2 N W 6v 4' HA p w In f0 O E m 3 Ln CL p t 41 L C: C m 4J E O Ul OU GJ O N 4 f0 C N Ln O O 4J Q NVI S w 3 0 Ln O a v vi vLni i2 U o cU0 vi Oyv1W x OV vOtoti m O O C m OL O Q E O N p O O 4- vl 3 Y mL NQ- Q S W ldV V L O. 4p m O MGJ w O p w 41 C V O 0 0 Ov CU p L p O Q v= t ate-+ N f0 O O E j U' OLn ; 0 N L U V m N E E N j to O O C O of M Q p O W in I O V Q- 1 p La)LD J CO Q ofL O O f0 Q. LN C m GJ to Vitt E rn Q Op 1 O V s o p m t C. L m QJ Q U C 4J M z: m Q a a_+ v1NN14 J c W CA C J i J rl N M I n p C to 41 0 F. O O 4- O oa Q. O C9 co 0 L O N N F3m U O 0 r- CL O CA a, LA_ n M O E cfO L V E OV a+ C w co N i y 41 O U N N V) p cu C C ca O O 0 LJ En cnVCALW L w C O p C a co Cr o Qcu O LA 1 0— C'3 Liu Q V V L- Y dco — v E m coo s M My - m i N a. 4-kO J C L — Lj cION3ONO N p p O v M N E uA N L N c a O0 Co C a V V7 LL w O NO aw oE m L co-6 1 O N C S aj . u CL L L co m v ai HK E O m E m N Q M L cQ G Q w N m M C O 2 H G7 Gc7 C X C7 2 m L m s U U f0 m C O L a c N N O O O Q. 0 N O J YU f0 m Y Z U 3 O w 0 SR QmL REGULAR MEETING MINUTES Call To Order The meeting was called to order at 7 pm by Chair Nelson. Roll Call Board Members present: Kade Arms-Regenold, Nancy Nelson, Richard Orenstein, David Perich, Andy Snope, and Planning Commissioner Andy Johnson Board Members absent: None Staff present: Planning Manager Jason Zimmerman and Administrative Assistant Lisa Wittman Approval of Agenda MOTION made by Perich, seconded by Orenstein to approve the agenda of September 24, 2019, as submitted and the motion carried unanimously. Approval of Minutes MOTION made by Perich, seconded by Nelson to approve the September 9, 2019, Special Meeting minutes as submitted and the motion carried unanimously. 840 Pennsylvania Ave S Morries 840 Pennsylvania Ave Re, LLC, Applicant Request: Waiver from Section 113-97, I-394 Mixed Use Section, Subd. (1)(b)(3) Side and Rear Surface Parking Setback Requirements 9 ft. off of the required 15 ft. to a distance of 6 ft. at the surface parking lot’s closest point to the side and rear yard property lines. Purpose: To allow for a surface parking lot to be closer to the side and rear yard property lines than allowed. Zimmerman referred to a location map and gave some background information on the property. He stated that Morrie’s purchased the property in 2018 and received a Conditional Use Permit to construct an employee parking lot in January of 2019. Zimmerman stated that the existing parking lot setback requirement is 15 ft. however, the new Mixed Use zoning regulations have reduced the setback requirement to 6 ft. He explained that due to a delay in the adoption of the 2040 Comp Plan by the Met Council the new setback will not be effective until January 1, 2020, and that Morrie’s is asking for a variance to construct a parking lot to the new setback prior to the effective date. September 24, 2019 – 7 pm Council Chambers Golden Valley City Hall 7800 Golden Valley Road City of Golden Valley BZA Regular Meeting September 24, 2019 – 7 pm 2 Zimmerman referred to a site plan and stated that the proposed setback of 6 ft. will allow 81 parking spaces instead of 67 if they build the parking lot 15 ft. from the property lines. Zimmerman stated that the property was obtained for employee parking and the City approved Conditional Use Permit demonstrates that this is a reasonable use. Also, the delay in the approval of the 2040 Comp Plan has prevented the new regulations from becoming effective which is a situation not created by the landowner, and the proposed setback of 6 ft. would be considered conforming on January 1, 2020, so the essential character of the area would not be altered. He added that allowing the construction to proceed in a timely and efficient manner is the best option and that the variance would become unnecessary as of January 1, 2020, so staff is recommending approval of the requested variance. Snope stated that the aerial photos of the property show that the south side of the property abuts the neighboring property, but that the site plans show a space between the properties. He asked which is correct. Zimmerman stated that there would be a buffer on the south side of the property after the new parking lot is constructed. Snope asked where snow would be stored. Zimmerman said he thinks the intention is to use the area to the south or the corners of the parking lot to store snow. Philip Branson, representing the applicant, stated that currently the south side of the property is asphalt to asphalt with the neighboring property so their proposed new parking lot will be an improvement. He added that snow will probably be stored along the west side of the property. Johnson asked Branson if they are planning on keeping the mature trees. Branson stated that the existing trees are located on the property to the north of theirs. He said that they have no plans to remove any trees and will be adding 4 trees to the site on the north side of the property. Zimmerman added that the landscape plan was approved with the Conditional Use Permit. Branson said that they recognize the Code will be changing in January but they are concerned about the construction season. Johnson asked if there will be any public art. Branson said they don’t have plans for public art but they are open to the idea. Nelson opened the public hearing. Seeing and hearing no one wishing to comment, Nelson closed the public hearing. Snope said the proposal complies with the 2040 Comp Plan so he sees no problem giving them the green light so they can get going on their project this construction season. MOTION made by Perich, seconded by Orenstein to approve the variance request for 9 ft. off of the required 15 ft. to a distance of 6 ft. at the surface parking lot’s closest point to the side and rear yard property lines and the motion carried unanimously. City of Golden Valley BZA Regular Meeting September 24, 2019 – 7 pm 3 428 Sunnyridge Lane Greenwood Design Build, Applicant Request: Waiver from Section 113-88, Single Family Residential, Subd. (f)(1)(a) Front Setback Requirements 27 ft. off of the required 35 ft. to a distance of 8 ft. at a home’s closest point to the front yard (north) property line. Purpose: To allow for the construction of new home to be closer to the front yard (north) property line than allowed due to the un-combining of two 40-foot wide lots. Request: Waiver from Section 113-88, Single Family Residential, Subd. (f)(1)(c)(3) Side Setback Requirements 4 ft. off of the required 8 ft. to a distance of 4 ft. at a home’s closest point to the side yard (south) property line. Purpose: To allow for the construction of a new home to closer to the side yard (south) property line than allowed due to the un-combining of two 40-foot wide lots. Zimmerman referred to a location map of the property and explained that it was platted (along with surrounding lots) in 1915 prior to any zoning regulations. All of the lots were 40 ft. wide and many property owners bought two lots and built one home on them which gave the appearance of 80 ft. wide lots, however two legal lots remained in place. He stated that with the demolition of the home, Hennepin County can approve a “lot division” to recognize the two 40 foot wide lots separately. Zimmerman noted that 428 Sunnyridge Lane is a corner lot and that one of the two 40 foot wide lots will also be a corner lot which means that a 35 foot front yard setback plus an 8 foot side yard setback means there would be 43 feet of setback required on a 40 foot wide lot which would make it unbuildable. Zimmerman referred to the Code requirements and stated that the front yard setback requirement is 35 feet which applies to both front yards on a corner lot. The side yard setback requirement is 10% of the lot width on the north side and 20% of the lot width on the south side and the minimum structure width requirement is 22 feet. He showed the Board several illustrations that showed the setbacks and the buildable area. Zimmerman stated that the staff analysis of this property is that the use of an R-1 zoned property for a new home is consistent with the Comp Plan, utilizing a 40 foot wide lot is reasonable, but the current setback requirements make the lot unbuildable. He stated that corner lots are not unique, but there are only a handful of 40 foot wide corner lots in the City. He explained that exceptions to the front yard setback used to be included in the Zoning Code but changes were made by the City and were not caused by the landowner. He stated that many other homes in similar situations in the neighborhood were City of Golden Valley BZA Regular Meeting September 24, 2019 – 7 pm 4 either built with the previous code exception or were granted a variance by the City with no impact to the essential character of the locality. Zimmerman noted that no other options exist aside from not building and the owner has the right to build on a legally platted residential lot. He stated that if the variance is granted as requested the width of the building envelope would be 28 feet. Zimmerman said staff is comfortable saying some relief on the north side is reasonable and is consistent with what has been granted for other similar properties. Therefore, staff is recommending a modified variance of 25 feet off of the required 35 feet of front yard setback to a distance of 10 feet from the north property line to match the home to the west. He added that staff is recommending denial of the variance request for 4 feet off the required 8 feet of side yard setback to a distance of 4 feet from the south property line. Perich asked if the landowner had to request the subdivision. Zimmerman explained that this is not a subdivision because the property is already two lots. It is a lot division done through the County. Perich questioned if the applicant requesting the lot division makes the variance request their fault. He asked if they could build one new home on the property. Zimmerman said they could build one home if the lots were combined, but it is already two lots and they legally have the right to have two lots. Snope asked how the existing house was built so close to the north property line. Zimmerman said it was probably built before there was a Zoning Code and that no variances have been granted to this property. Johnson referred to the proposed driveway location and asked if there is a precedence to make them use the alley instead. Zimmerman said that nothing prohibits them from getting a curb cut for a driveway. Orenstein asked about the height requirements. Zimmerman said the new houses can be 28 feet tall but they will have to step back once the height is over 15 feet. Doug Cutting, Greenwood Design Build, referred to the north lot and stated that on a typical 40 foot wide lot the setbacks are 8 feet and 4 feet and that is what they are asking for. He said what staff is recommending is concerning because that wouldn’t allow for a garage and a front door on Sunnyridge Lane and with the height requirements it would be difficult to build. He said with the 8 foot and 4 foot setbacks it would be easy to comply. Johnson asked about the plans for the trees. Cutting said the buffer on the north is outside of the property lines. He added that if they are forced to put the garage in the back another tree would have to be removed. Arms-Regenold asked about the requirements for detached garages. Zimmerman stated that a detached garage could be 5 feet from the property line off the alley and that they may need a variance for that as well. City of Golden Valley BZA Regular Meeting September 24, 2019 – 7 pm 5 Nelson said her opinion is that she’d like to improve the housing stock and that a garage in the front is better than a detached garage to the rear of the house. Orenstein asked the applicant if there is a reason no alternative plans have been shown. Cutting said they have no desire to build a detached garage. Nelson added that there aren’t a lot of options with this property. Johnson said that a 28 foot wide building envelope is desired but asked the applicant what the minimum building envelope could be. Cutting said anything less than 28 feet is challenging, but 26 feet would work. Nelson opened the public hearing. Bob Krussow, 411 Sunnyridge Lane, said he’s ok with the staff alternative and would be ok if the proposed new house would match what is across the street, but he doesn’t like what was originally requested. He said he is concerned about so much being squeezed into this area, but they have to look at the minimums that were set in the past. He said he prefers houses to line up and not have garage fronts be so prominent. He added that he thinks it would be doable to have a garage in the back. Jacqueline Day, Listing Agent, representing the owner, stated that the owner of the property passed away and left the property to her family. She said the owner wrote notes stating how happy she was to have two lots and she knew she had two lots. She said her main concern is that a 22 foot wide house doesn’t make sense. It would be hard to sell, hard to design, and is not practical. Kristin Pavek, 513 Meadow Lane North, said context matters and that across the street is a walking area and two blocks down is Theo Wirth Park and that she has never felt where the existing house is to be invasive. Solomon Sanchez, 425 Sunnyridge Lane, said he would like the building envelopes to be as big as possible so something desirable is built. He said he is also concerned about the plan for the trees. Casey Pavek, 513 Meadow Lane North, said he lives on a 40 foot wide lot and their house is 24 feet wide. He said he would like to see simplicity and clarity around these 40 foot wide corner lots and for them to be looked at like interior lots. He said the density is of value to him and that having smaller lots is greener. Seeing and hearing no one else wishing to comment, Nelson closed the public hearing. Snope said that having learned that the existing house is two feet from the north property line he feels better about granting a variance. He said he thinks they have to allow some give and allow for more than a 22 foot wide building envelope. City of Golden Valley BZA Regular Meeting September 24, 2019 – 7 pm 6 Nelson said she would like to see a larger setback on the south side. Zimmerman said that would be 8 feet on the south and 6 feet on the north. Johnson said there is going to be a change with this property no matter what and questioned their position on cutting down the white pine tree. Zimmerman said the Code doesn’t prohibit removing trees and that the further away the house is built the better for the tree. Johnson said the second story will change the character and removing the tree will change the character and he just doesn’t see a reason to further restrict the north setback. He said he would be in favor of swapping the 8 foot and 4 foot setbacks. Nelson said she thinks this proposal will alter the character in a good way and she thinks it meets all of the criteria they use when considering variances. Perich agreed but said he is not sure a 22 foot wide building envelope will help improve the housing stock. Snope said as far as character, narrow two-story homes seem to be the trend and seem to fit in. MOTION made by Nelson, seconded by Snope to deny the variance request for 4 ft. off of the required 8 ft. to a distance of 4 ft. at a home’s closest point to the side yard (south) property line and the motion carried unanimously. MOTION made by Snope, seconded by Orenstein to approve a variance for 31 ft. off of the required 35 ft. to a distance of 4 ft. at the home’s closest point to the front yard (north) property line with the condition that the applicant provide evidence in the form of documentation from Hennepin County that the two 40 foot wide lots have been separated prior to the variance taking effect and the motion carried unanimously. Snope asked if the Planning Commission is going to be looking at 40 foot wide lots. Zimmerman said the Council will be discussing narrow lots at their October Council/Manager meeting and the issue would go the Planning Commission after that. Adjournment MOTION made by Snope, seconded by Orenstein and the motion carried unanimously to adjourn the meeting at 8:27 pm. Nancy Nelson, Chair Lisa Wittman, Administrative Assistant REGULAR MEETING MINUTES 1. Call to Order The meeting was called to order at 6:30 pm by Chair Seys. 2. Roll Call Commissioners present: Tracy Anderson, Tonia Galonska, Dawn Hill, Joseph Ramlet, Scott Seys, Jim Stremel and Debra Yahle Commissioners absent: Lynn Gitelis Staff present: Eric Eckman, Development and Assets Supervisor; Drew Chirpich, Environmental Specialist and Claire Huisman, Administrative Assistant Chair Seys stated to the Commission that Lynn Gitelis has officially resigned as a member of the Commission. 3. Approval of Agenda MOTION by Commissioner Hill, seconded by Commissioner Anderson to approve the agenda of September 23, 2019 as submitted and the motion carried. 4. Approval of Minutes MOTION by Commissioner Hill, seconded by Commissioner Galonska to approve the minutes of August 26, 2019 as submitted and the motion carried. 5A. Update on Draft Waste Hauling Ordinance Eckman stated to the Commission that the City was conducting a survey through the City website regarding waste hauling. Staff has also been engaging with waste haulers to get their feedback on the proposed waste hauling ordinance. Commissioners asked to be provided with the comments from the survey as well as a summary of the total survey when completed. Policy items from the Ordinance were discussed for Commission feedback which included: 1. List of active accounts: Commissioners were not concerned about route information but agreed haulers should provide the number of accounts they have and the number of trucks used in the City. 2. Limit number of trucks: Commissioners decided that if a hauler wanted to increase their fleet then they should check with the City before doing so. 3. 15% of total active accounts: Keep this as stated. September 23, 2019 – 6:30 pm Council Conference Room Golden Valley City Hall 7800 Golden Valley Road City of Golden Valley Environmental Commission Regular Meeting Minutes September 23, 2019 – 6:30 pm 2 4. Containers made of 50% recycled material: Commissioners suggested more research on this topic but possibly to rephrase the policy to say, “Phase in new carts as needed with containers made from at least 30% post-consumer recycled material”. 5. Annual composition sort: Commissioners felt more research needed on this topic to determine the cost to do this inspection and whether it is truly necessary. 6. Collection Day: Keep at one day a week. 7. Truck weight limit: Keep as stated. 8. Axel requirement: Commissioners would like to remove the drop axel requirement for yard waste trucks but require it for the solid waste trucks. 9. CNG or low emission energy truck requirement: Commissioners would like more information from other city’s requirements on this topic. They also felt that yard waste trucks should not be required to be CNG but solid waste trucks should be required. 10. Camera requirements: Commissioners did not want driver-facing cameras but were fine with the requirement for rear and outward facing cameras on the truck. 11. Schedule of Charges: Commission wants rates to be transparent on the website and include all of their various services and incidental charges that would appear on a bill. 12. Reporting: Staff will get more information on what reports are needed and why they are needed and in what form should they be given to the City. 13. Transfer of existing licenses: Commission against this requirement and asked City staff to do more research. 5B. Potential Pollinator Habitat MOTION by Commissioner Hill, seconded by Commissioner Stremel to table item 5B. Potential Pollinator Habitat until next meeting and the motion carried. 6A. Student Environmental Competition Commission members agreed that it was worth exploring the idea of hosting an annual student competition to present ideas on ways Golden Valley could become more sustainable, more resilient and improve the environment. Cash prize would be offered plus the winners idea could become a service project or a future City project. The Commission will discuss more details this winter as part of the work plan. 6B. Resilience & Sustainability Plan In order to achieve GreenStep Cities Step 5 and the energy goals listed in the City’s Resilience & Sustainability chapter of the 2040 Comprehensive Plan, the Commission is being asked to explore its active participation in Xcel Energy’s Partners In Energy community collaboration program in 2020-2021. Commissioners discussed and were generally supportive and asked staff to get feedback from other cities involved in the program and to verify if there would be any direct costs to the City for being a partner in this program. City of Golden Valley Environmental Commission Regular Meeting Minutes September 23, 2019 – 6:30 pm 3 6C. Program/Projects Update The complete Program/Project Update is on file. Chair Seys reminded the Commissioners of the Downtown Study Open House being held at Brookview on October 21st from 5p-7p. The Commission as a whole is not providing input or recommendations, but individuals may attend and provide comments. The Commission asked to be more involved. Staff will talk with the Planning staff about engagement and a possible joint commission meeting in the near future. 6C. Council Updates - None 6D. Other Business - None 7. Adjournment MOTION by Commissioner Stremel, seconded by Commissioner Yahle to adjourn the meeting at 8:32pm and the motion carried. ATTEST: _________________________________ Claire Huisman, Administrative Assistant Golden Valley City Council Meeting November 6, 2019 Agenda Item 3. D. Receipt of September 2019 Financial Reports Prepared By Sue Virnig, Finance Director Summary The monthly financial report provides a progress report of the following funds: General Fund Operations Conservation/Recycling Fund (Enterprise Fund) Water and Sewer Utility Fund (Enterprise Fund) Brookview Golf Course (Enterprise Fund) Motor Vehicle Licensing (Enterprise Fund) Storm Utility Fund (Enterprise Fund) Equipment Replacement Fund (Capital Projects Fund) Brookview Center (Special Revenue Fund) Human Services Commission (Special Revenue Fund) Building Improvement Fund (Capital Projects Fund) Park Improvement Fund (Capital Projects Fund) Financial Or Budget Considerations As of September 2019, the City of Golden Valley General Fund has used $3,136,708 of fund balance to balance the General Fund Budget. Recommended Action Motion to receive and file the September 2019 Financial Reports. Supporting Documents September 2019 General Fund (2 pages) September 2019 Conservation/Recycling Fund (1 page) September 2019 Water and Sewer Utility Fund (1 page) September 2019 Brookview Golf Course (1 page) September 2019 Motor Vehicle Licensing (1 page) September 2019 Storm Utility Fund (1 page) September 2019 Equipment Replacement Fund (1 page) September 2019 Brookview Center Fund (1 page) City Council Regular Meeting Executive Summary City of Golden Valley November 6, 2019 2 September 2019 Human Services Commission (1 page) September 2019 Building Improvement Fund (1 page) September 2019 Park Improvement Fund (1 page) Over % 2019 September YTD (Under)Of Budget Budget Actual Actual Budget Expend. 001 Council $384,145 41,853 254,803 ($129,342)66.33% 003 City Manager 921,015 91,883 570,144 (350,871)61.90% 004 Transfers Out 2,207,580 0 2,207,580 0 100.00%(1) 005 Admin. Services 2,076,945 158,594 1,560,458 (516,487)75.13%(3) 006 Legal 183,340 21,373 135,836 (47,504)74.09% 007 Risk Management 310,000 234 242,960 (67,040)78.37%(4) 011 General Gov't. Bldgs.728,980 49,148 524,230 (204,750)71.91% 016 Planning 421,025 31,045 246,119 (174,906)58.46%(3) 018 Inspections 917,925 73,047 626,253 (291,672)68.22% 022 Police 6,545,850 588,887 4,252,575 (2,293,275)64.97% 023 Fire 1,579,315 117,995 1,000,461 (578,854)63.35%(2) 035 Physical Dev Admin 316,110 35,293 223,968 (92,142)70.85% 036 Engineering 774,905 77,589 505,955 (268,950)65.29% 037 Streets 1,849,530 236,193 1,576,420 (273,110)85.23%(2) 066 Park & Rec. Admin.815,695 81,928 587,033 (228,662)71.97% 067 Park Maintenance 1,312,805 122,622 904,770 (408,035)68.92%(2) 068 Recreation Programs 404,850 43,174 242,265 (162,585)59.84% TOTAL Expenditures $21,750,015 $1,770,858 $15,661,830 ($6,088,185)72.01% 1) Transfers were made in June, 2019 2) 2019 Budget Adjustment-$13,440-Fire $5,440; Street-$4,000; Park-$4,000 3-19-19 3) 2018 Positive Performance Amended -$35,000 Planning- Downtown Study Scope; IT-$10,000 Scanning 4) Dividend will be sent in December. City of Golden Valley Monthly Budget Report - General Fund Expenditures September 2019 (unaudited) Division 75.00% Over % 2019 September YTD (Under)of Budget Type Budget Actual Actual Budget Received Ad Valorem Taxes $18,450,845 8,541 9,587,832 ($8,863,013)51.96%(1) Licenses 212,030 3,150 243,370 $31,340 114.78% Permits 887,960 112,167 983,005 $95,045 110.70% State Grants/Aid 15,190 1,289 110,586 $95,396 728.02%(2) Charges For Services: General Government 25,250 56 16,985 ($8,265)67.27% Public Safety 163,500 3,758 183,069 $19,569 111.97% Public Works 167,300 18,610 160,505 ($6,795)95.94% Park & Rec 416,500 38,891 297,183 ($119,317)71.35% Other Funds 691,500 67,609 585,112 ($106,388)84.61% Fines & Forfeitures 340,000 20,774 177,892 ($162,108)52.32%(3) Interest On Investments 100,000 0 0 ($100,000)0.00%(4) Miscellaneous Revenue 191,500 16,540 157,083 ($34,417)82.03% Transfers In 30,000 2,500 22,500 ($7,500)75.00%(5) TOTAL Revenue $21,691,575 $293,885 $12,525,122 ($9,166,453)57.74% Notes: 1) Payments are received in July, December, and January (delinquencies). This does not include any petition settlements. 2) Police Training will be paid in August. Safe and Sober is billed on time spent. No LGA in 2019. Fire Grants were available. Most grants are reeived in other funds. 3) Fines/Forfeitures are thru for August 2019. 4) Investment income is allocated at year end. 5)Transfers are monthly. Percentage Of Year Completed City of Golden Valley Monthly Budget Report - General Fund Revenues September 2019 (unaudited) Over 2019 September YTD (Under)% Budget Actual Actual Budget Current Revenue Hennepin County Recycling Grant 41,545 0 41,375 (170)99.59%(4) Recycling Charges 409,105 31,869 266,272 (142,833)65.09%(2) Miscellaneous Revenues 8,000 47 188 (7,812)(5) Interest on Investments 4,000 0 0 (4,000)0.00%(1) Total Revenue 462,650 31,916 307,835 (154,815)66.54% Expenses: Recycling 501,695 28,259 308,288 (193,407)61.45%(3) Total Expenses 501,695 28,259 308,288 (193,407)61.45% 1) Interest Earnings are allocated at year-end. 2) Includes utility billings thru September 2019. 3) This includes the recycling services thru August 2019. 4) Grant reduced due to no compost program. 5) Includes Home Good curbside pickup rebate thru August. Further information about projects and financing are located in the 2019-2023 CIP and 2019-2020 Budget. City of Golden Valley Monthly Budget Report - Conservation/Recycling Enterprise Fund September 2019 (unaudited) Over 2019 September YTD (Under)% Budget Actual Actual Budget Current Revenue Water Charges 5,081,725 448,003 3,444,900 (1,636,825)67.79% Emergency Water Supply 183,080 19,580 149,582 (33,498)81.70% Sewer Charges 3,910,000 338,179 3,023,257 (886,743)77.32% Meter Sales 20,000 1,091 13,721 (6,279)68.61% Penalties 130,000 1,479 126,235 (3,765)97.10% Charges for Other Services 100,000 9,202 222,281 122,281 222.28% State Water Testing Fee Pass Through 46,000 3,447 34,949 (11,051)75.98% Sale of Assets 10,000 0 0 (10,000)0.00% Franchise Fees 1,500,000 0 0 (1,500,000)0.00% Certificate of Compliance 75,000 3,900 52,600 (22,400)70.13% Interest Earnings 25,000 0 0 (25,000)0.00% Total Revenue 11,080,805 824,881 7,067,525 (4,013,280)63.78% Expenses: Utility Administration 3,260,675 233,076 1,681,315 (1,579,360)51.56%(1) Sewer Maintenance 3,340,720 279,735 2,790,792 (549,928)83.54% Water Maintenance 4,799,400 408,963 3,035,622 (1,763,778)63.25% Total Expenses 11,400,795 921,774 7,507,729 (3,893,066)65.85% 1) Depreciation is allocated at year-end. Further information about projects and financing are located in the 2019-2023 CIP and 2019-2020 Budget. City of Golden Valley Monthly Budget Report - Water and Sewer Utility Enterprise Fund September 2019 (unaudited) Over 2019 September YTD (Under)% Budget Actual Actual Budget Current Revenue Green Fees 900,000 111,329 786,259 (113,741)87.36% Driving Range Fees 170,000 12,385 157,098 (12,902)92.41% Par 3 Fees 155,000 14,644 157,266 2,266 101.46% Lawn Bowling 80,000 12,716 78,303 (1,697)97.88% Pro Shop Sales 80,000 8,034 77,192 (2,808)96.49% Pro Shop Rentals 300,000 43,203 268,416 (31,584)89.47% Concession Sales 1,570,000 151,365 1,262,114 (307,886)80.39% Other Revenue 122,000 12,246 114,904 (7,096)94.18% Interest Earnings 5,000 0 0 (5,000)0.00%(1) Less: Credit Card Charges/Sales Tax 0 0 0 Total Revenue 3,382,000 365,922 2,901,552 (480,448)85.79% Expenses: Golf Operations 755,010 77,961 554,946 (200,064)73.50%(2) Course Maintenance 850,740 138,572 663,512 (187,228)77.99% Pro Shop 122,500 14,302 122,291 (209)99.83% Grill 1,349,800 147,420 1,082,637 (267,163)80.21% Driving Range 51,590 6,526 63,231 11,641 122.56% Par 3 Course 35,710 3,508 25,944 (9,766)72.65% Lawn Bowling 15,400 4,598 16,701 1,301 108.45% Total Expenses 3,180,750 392,887 2,529,262 (651,488)79.52% 1) Interest Earnings are allocated at year-end. 2) Depreciation is allocated at year-end. Further information about projects and financing are located in the 2019-2023 CIP and 2019-2020 Budget. Fund Balance should be a minimum of $1,693,550 (6 months reserve). City of Golden Valley Monthly Budget Report - Brookview Golf Course Enterprise Fund September 2019 (unaudited) Course opened April 4 Over 2019 September YTD (Under)% Budget Actual Actual Budget Current Revenue Interest Earnings 3,000 0 0 (3,000)0.00%(1) State Aid -MNLARS 0 0 126,926 126,926 Charges for Services 464,515 41,251 364,783 (99,732)78.53% Total Revenue 467,515 41,251 491,709 24,194 105.18% Expenses: Motor Vehicle Licensing 446,080 45,516 313,465 (132,615)70.27% Total Expenses 446,080 45,516 313,465 (132,615)70.27% 1) Interest Earnings are allocated at year-end. City of Golden Valley Monthly Budget Report - Motor Vehicle Licensing Enterprise Fund September 2019 (unaudited) Over 2019 September YTD (Under)% Budget Actual Actual Budget Current Revenue Interest Earnings 50,000 0 0 (50,000)0.00%(1) Interest Earnings-Other 0 0 0 0 Henn County Grant-Decola 0 0 670,000 670,000 (6) State DNR Grant 2,300,000 0 115,903 (2,184,097)(6) State DEED Grant-Globus 0 293,105 293,105 293,105 (7) Storm Sewer Charges 2,475,000 198,524 1,793,578 (681,422)72.47% Hennepin County 500,000 0 0 Bassett Creek Watershed 1,031,500 0 41,207 (990,293) (5) Miscellaneous Receipts 330,830 0 0 (330,830) Sale or Loss of Assets 0 0 0 0 Total Revenue 6,687,330 491,629 2,913,793 (3,773,537)43.57% Expenses: Storm Utility 5,913,815 810,954 1,726,723 (4,187,092)29.20%(2) (3) (7) Street Cleaning 130,815 890 59,362 (71,453)45.38% Environmental Control 402,605 25,174 204,772 (197,833)50.86% Debt Service Payments 63,950 0 63,500 (450)0.00%(3) Total Expenses 6,511,185 837,018 2,054,357 (4,456,828)31.55%(4) 1) Interest Earnings are allocated at year-end. 2) Depreciation is allocated at year-end and. 3) Debt service payments and Medicine Lake Rd Improvements will be reimbursed by TIF. 4) Reserves are being used that were planned. 5) Bassett Creek Watershed Coomission reimbursed the City for a 2019 projects. 6) DNR Grant for Decola Ponds B/C. 7) DEED Grant was disbursed to Global One. Further information about projects and financing are located in the 2019-2023 CIP and 2019-2020 Budget. City of Golden Valley Monthly Budget Report - Storm Utility Enterprise Fund September 2019 (unaudited) 2019 Equipment Replacement Fund (CIP) - Fund 5700 2019 September YTD Budget Total Actual Remaining Revenues: Sale of Assets 35,000 571 149,260 114,260 (3) General Fund Transfer 100,000 0 100,000 0 VOTF Transfer 10,000 0 10,000 0 (2) Miscellaneous Receipts 0 27,645 27,645 Interest Earnings (allocated at year end)23,538 0 0 (23,538) Total Revenues 168,538 571 286,905 118,367 Expenditures: Program #Project Number Project Name 5701 V&E-001 Marked Squad Cars (Police)80,000 0 0 80,000 5702 V&E-002 Computers and Printers (Finance)95,000 5,339 96,320 (1,320)(1) 5703 V&E-003 Drone (Police)10,000 0 10,449 (449) 5720 Fire Hose 0 0 12,480 (12,480)(3) 5760 Fire Apparatus (2018 Approved)0 0 47,168 (47,168) 5772 V&E-033 Skylift 40,000 0 11,004 28,996 5791 V&E-022 Pickup Truck (Fire)40,000 0 34,352 5,648 5742 V&E-106 Polaris 6 X 6 (Fire)15,000 0 24,328 (9,328) 5768 V&E-107 Utility Truckster (Park)55,000 0 54,947 53 (5) V&E-109 Single Axle Dump Truck (Street)230,000 76,630 76,630 153,370 5768 V&E-116 Bobcat Toolcat 4,500 0 54,050 (49,550) 5741 V&E-133 800 MHZ Radios (Public Works Maintenance)100,000 0 115,285 (15,285) 5788 V&E-135 Body Cameras/Dash Cams/Software (Police)24,070 0 0 24,070 5715 V&E-141 Pickup Truck (Park)35,000 0 37,100 (2,100) 5754 V&E-116 Skid Steer Loader (Street)5,000 0 52,445 (47,445)(4) V&E-156 Trailer (Fire)5,000 0 0 5,000 Total Expenditures 738,570 81,969 626,558 154,457 1) Computers are replaced every 4-5 years and purchased throughout the year based on available time. 2) In 2019, monies were transferred for a purchase of a drone from the VOTF Fund. Further information about projects and financing are located in the 2019-2023 CIP and 2019-2020 Budget. 3) Selling the Fire Engine at more than expected allowed the Fire Department to purchase hose. 4) The trade-in is included in Sale of Assets for $47,945. 5) The trade-in is included in Sale of Assets for $49,049. Over 2019 September YTD (Under)% Budget Actual Actual Budget Current Revenue Brookview CC Rentals 158,000 24,843 180,982 22,982 114.55% Backyard Play Area 230,000 11,497 168,329 (61,671)73.19% Miscellaneous Revenues 1,500 0 0 (1,500)0.00% Interest on Investments 0 0 0 0 (1) Total Revenue 389,500 36,340 349,311 (40,189)89.68% Expenses: General Area Rooms 327,780 36,443 233,601 (94,179)71.27%(2) Indoor Play Area 74,620 4,997 33,161 (41,459)44.44% Total Expenses 402,400 41,440 266,762 (135,638)66.29% 1) Interest Earnings are allocated at year-end. 2) Staff Time/Supplies for Brookview Rental City of Golden Valley Monthly Budget Report - Brookview Center Special Revenue Fund September 2019 (unaudited) Over 2019 September YTD (Under)% Budget Actual Actual Budget Current Revenue Pull Tab (10%) Revenues 30,000 2,916 29,016 (984)96.72%(3) Fundraisers 30,000 2,010 28,881 (1,119)96.27%(4) Interest on Investments 700 0 0 (700)0.00%(1) Total Revenue 60,700 4,926 57,897 (2,803)95.38% Expenses: Supplies 17,100 3,380 10,605 (6,495)62.02%(4) Allocations 75,000 9,750 63,918 (11,082)85.22%(2) Total Expenses 92,100 13,130 74,523 (17,577)80.92% 1) Interest Earnings are allocated at year-end. 2) Allocations in 2019 are $75,000. 3) Pull Tab revenues are thru August. 4) Solicitation Letters -$6,371-YTD; should be allocated to designation 4) Run/Walk -10,485 YTD (net) 4) Golf Tourney/Lawn Bowling -September-$1410(net) Fund Balance at 12/31/18 was $213,624. City of Golden Valley Monthly Budget Report - Human Services Commission September 30, 2019 (unaudited) 2019 Building Improvement Fund (CIP) - Fund 5200 2019 September YTD Budget Total Actual Remaining Revenues: Transfer from General Fund 400,000 0 400,000 0 (1) Interest Earnings (allocated at year end)7,754 0 0 (7,754) Total Revenues 407,754 0 400,000 (7,754) Expenditures: Project Name 5210 Replace Co-Vac Heating 175,000 0 4,045 170,955 5215 Installation of Building Security Systems 10,000 333 4,402 5,598 5208 Council Chambers Remodeling 300,000 0 8,856 291,144 5202 Public Buildings Roof Replacement 150,000 66,488 79,597 70,403 Total Expenditures 635,000 66,821 96,900 538,100 1)Transfer was made in June. 2019 Park Improvement Fund (CIP) - Fund 5600 2019 September YTD Budget Total Actual Remaining Revenues: Transfer from General Fund 325,000 0 325,000 0 Park Dedication Fee 0 0 20,844 0 Hennepin County Youth Sports Grant 96,000 0 0 (96,000)(1) Little League/Youth Associations/Play Eq Grants 20,000 0 0 (20,000)(1) Other Donations 0 0 0 0 Interest Earnings (allocated at year end)2,832 0 0 (2,832) Total Revenues 443,832 0 345,844 (118,832) Expenditures: Project Name 5601 Bleacher, Etc Replacement 25,000 (1,500)24,188 812 5602 Park Trail and Parking Lot Improvements 90,000 38,272 38,272 51,728 5603 Play Structure Replacement 60,000 0 59,802 198 5614 Ball Field Lighting 0 0 3,480 (3,480) 5615 Outdoor Basketball and Hoop Replacement 23,000 5,368 17,328 5,672 5620 Park Signage Replacement 10,000 0 10,471 (471) 5621 Tennis & Pickle Ball Court Resurfacing 15,000 3,000 16,866 (1,866) Community Gardens 30,000 0 0 30,000 5608 Relamp Athletic Field and Rink Lights 25,000 1,153 25,546 (546) 5607 Dugout, Fence and Field Replacement 55,000 74,895 109,545 (54,545)(1) 5622 Scoreboard Update/Replacement 25,000 0 30,906 (5,906) Total Expenditures 358,000 121,188 336,404 21,596 1) Hennepin County Youth Grant $96,000; GV Girls Softball $10,000 Further information about projects and financing are located in the 2019-2023 CIP. Golden Valley City Council Meeting November 6, 2019 Agenda Item 3. E. Designate Polling Places for the 2020 Election Cycle Prepared By Kris Luedke, City Clerk Summary In 2017, the state legislature amended State Statute 204B.16, subd. 1 requiring the governing body of each municipality to designate by resolution a polling place for each election precinct by December 31 of each year. The polling places designated in the resolution will be used for the 2020 election cycle, unless a change is made because of an emergency or if a polling place becomes unavailable. The City of Golden Valley has eight polling locations. Financial Or Budget Considerations Not applicable Recommended Action Motion to adopt Resolution designating polling places for the 2020 election cycle. Supporting Documents Resolution designating polling places for the 2020 election cycle (1 page) RESOLUTION NO. 19-59 RESOLUTION DESIGNATING POLLING PLACES FOR THE 2020 ELECTION CYCLE WHEREAS, State Statute 204B.16, subd. 1 requires the governing body of each municipality to designate by resolution a polling place for each election by December 31 of each year; and WHEREAS, changes to the polling locations may be made at least 90 days before the next election if one or more of the authorized polling places becomes unavailable for use; and WHEREAS, changes to the polling locations may be made in the case of an emergency when it is necessary to ensure a safe and secure location for voting; and WHEREAS, the Presidential Primary will be March 3, 2020, the Primary Election will be August 11, 2020, and the General Election will be November 3, 2020. NOW, THEREFORE, BE IT RESOLVED by the Golden Valley City Council that the 2020 General election, as well as any required special elections, will take place at the following precinct polling locations: Precinct 1 - NE Fire Station, 3700 Golden Valley Road Precinct 2 - Valley Presbyterian Church, 3100 North Lilac Drive Precinct 3 - Meadowbrook School, 5430 Glenwood Avenue Precinct 4 - LOGIS, 5750 Duluth Street Precinct 5 - SE Fire Station, 400 Turners Crossroad South Precinct 6 - Golden Valley City Hall, 7800 Golden Valley Road Precinct 7 - Sandburg Middle School, 2400 Sandburg Lane Precinct 8 - Brookview, 316 Brookview Parkway South BE IT FURTHER RESOLVED, the City Clerk is with this, authorized to make any changes as deemed necessary in the case of an emergency or if a polling place becomes unavailable. Adopted by the City Council of Golden Valley, Minnesota this 6th day of November, 2019. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk Golden Valley City Council Meeting November 6, 2019 Agenda Item 6. A. First consideration of Ordinance Regulating Solid Waste Collection and Solid Waste Prepared By Marc Nevinski, Physical Development Director Summary In 2018, the Council set as one of its goals for the year the review of waste collection practices in Golden Valley and subsequently established the following five goals: 1. Ensure that residents have options for the type and level of waste disposal services they desire. 2. Establish waste disposal practices that improve environmental outcomes. 3. Establish standards for waste collection that minimize impacts to infrastructure and enhance neighborhood livability (cleaner, safer, quieter, and healthier). 4. Avoid significant operational or capital cost increases to the City and residents. 5. Increase the City’s and community’s understanding of the waste disposal process in order to achieve its goals and those of its partner agencies. Following the establishment of the goals, Staff then met with the licensed haulers in Golden Valley to discuss the goals and ways they could be achieved. In October of 2018, a forum was held in the Council Chambers to engage Golden Valley residents in the discussion of waste hauling. In April of 2019, the League of Women Voters issued a report which considered the advantages and disadvantages of organized and open collection systems. The Council then decided to modify the existing waste collection ordinance rather than pursue organized waste collection. Council also directed staff to modify the current ordinance to cap the number of licenses issued for refuse collection to ten and recycling collection to six. Staff and the Environmental Commission then prepared a draft ordinance over the course of the summer. In September, staff sent the draft ordinance to the licensed haulers in Golden Valley for comment and feedback. Additionally, a short survey was published to solicit feedback from residents about their thoughts and preferences for waste collection. The results were included in a Community Input Report. Finally, Council reviewed the proposed ordinance at its Council/Manager meeting on October 10th and provided direction based on the input received. Modifications to Chapter 16: Article VII: Solid Waste and Recycling Collection include the following notable provisions and changes: City Council Regular Meeting Executive Summary City of Golden Valley November 6, 2019 2 Notable provisions and modifications to Chapter 16 include: Updates to definitions to reflect those in State statutes. Establishes the number of residential waste collection licenses at four. This number is a target and will be achieved through attrition. Collectors currently licensed in the City may continue to renew their licenses but must comply with the modified ordinance. A requirement to provide a schedule of charges, submission of DOT inspection records, and a summary of the driver training program, among other requirements. A requirement that waste containers must be made of at least 25% post-consumer material. Increases to the insurance requirements licensees must carry. Designates Friday as the only day for residential collection. Limits truck weight to 7 tons per axel on residential streets. Reporting of the annual aggregate tons of MSW collected the prior year, disposal locations of waste collected, and the aggregate number of residential accounts served. Requirement to report traffic and environmental immediately to the City. Prohibition of the transfer of licenses to a non-licensed hauler. Modifications are propose to Chapter 22, Solid Waste, which addresses how solid waste is managed on private property, in order to ensure consistency with State statutes and other sections of code, including definitions, zoning, and property maintenance. The ordinances are anticipated to become effective April 1, 2020. Financial Or Budget Considerations The modified regulations will increase the cost of enforcing waste collection standards within the City. Specifically, staff will have more application material to review and data to manage from hauler reporting. Staff recommends adding a base fee of $150 per hauler to the license fee, in addition to the 50 per vehicle currently charged. This increase is reflected in the 2020 fee schedule, which Council will hear the second consideration of on November 6. Recommended Action Motion to adopt the first consideration Ordinance #673, Repealing in its Entirety Chapter 16 – License, Taxation and Misc. Regulations, Article VII. – Collectors of Solids Waste and Recyclables and adding a new Article VII. – Solid Waste and Recyclables Collection. Motion to adopt the first consideration Ordinance #674, Repealing in its Entirety Chapter 22 – Solid Waste and Replacing it with a new Chapter 22 – Solid Waste. Supporting Documents Comparison of current and proposed ordinances (17 pages) Ordinance #673, Repealing in its Entirety Chapter 16 – License, Taxation and Misc. Regulations, Article VII. – Collectors of Solids Waste and Recyclables and adding a new Article VII. – Solid Waste and Recyclables Collection (8 pages) Ordinance #674, Repealing in its Entirety Chapter 22 – Solid Waste and Replacing it with a new Chapter 22-Solid Waste (6 pages) ARTICLE VII. - COLLECTORS OF SOLID WASTE AND RECYCLABLES RECYLABLES COLLECTION Sec. 16-192. XXX - Intent. It is the intent of the City Council to establish a system for the orderly and regular collection of MSW, recyclables, bulky waste, SSOM and yard waste in the City; to ensure that the disposal of the material shall be accomplished in a sanitary manner; that the health of the residents of the City shall be properly safeguarded; and to further ensure that the City shall be in compliance with all laws relating to the disposition of recyclables and other waste. The City Manager or their designee shall have the authority to develop additional reporting requirements, application requirements, and other requirements as they deem necessary to provide for the safe, orderly and cost-efficient preparation, collection and disposal of all waste materials covered in this ordinance. These standards shall not be contrary to this ordinance. Sec. 16-XXX- Definitions. TheAs used in this Article, the following words, terms and phrases, when used in this article, shall have the following meanings ascribed to them in this section, except where the context clearly indicates a different meaningotherwise: Garbage: Animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. Hauler: Any person who shall offer to, or engage in the collection and/or transportation of garbage, refuse, yard waste or recycling from any house, apartment, public or private institution, or commercial establishment within the City, including all activities up to the time when the waste is delivered to a waste facility. Litter: Garbage, recyclables and refuse. Rear Yard: A yard extending across the full width of the property and lying between the rear line of the lot and the nearest line of the principal building. Recyclables: Items of refuse designated by the County Department of Environment and Energy to be part of an authorized recycling program and which are intended for processing and remanufacture or reuse. Refuse: All wastes (except body wastes), including, but not limited to, rubbish, paper, cardboard, ashes, rocks and construction material, normally resulting from the operation of a household or business establishment, but not including garbage, recyclables or yard waste. Woody Yard Waste: Hedge or tree trimmings and twigs (one-quarter inch diameter or greater) or Christmas trees which can be hauled to a commercial compost facility. Yard Waste: Grass/lawn clippings, leaves, weeds, garden waste (tomato vines, carrot tops, cucumber vines, etc.) soft-bodied plants (flower and vegetable plants), shrub or tree trimmings and twigs (one-quarter inch diameter maximum), pine cones and needles. Code 1988, § 6.35(1); Ord. No. 87, 2nd Serie s, 3-12-1992; Ord. No. 92, 2nd Serie s, 6-25-1992; Ord. No. 296, 2nd Serie s, 5-28-2004; Ord. No. 359, 2nd Serie s, 1-12-2007) Sec. 16-193. - Contract and Licensing Requirements. a)Residential Disposal of Waste. Every household, including occupants of multifamily dwellings with four or fewer units, must either directly or through the owner or manager of a multifamily dwelling unit: 1) Have a contract for at least bi-weekly collection of garbage and refuse with a hauler licensed by the City; or 2) Apply for and receive a waiver of the requirement of Subsection (a)(1) of this section by showing evidence of the use of an environmentally sound alternative for garbage or refuse collection. b)Commercial Disposal of Waste. Each owner or manager of a commercial establishment, or multifamily dwelling with greater than four units must: 1) Have a contract for at least weekly and as often as once each business day if necessary to protect the public health, safety and general welfare, for collection of garbage and refuse with a hauler licensed by the City; or 2) Apply for and receive a waiver of the requirement of Subsection (b)(1) of this section by showing evidence of the use of an environmentally sound alternative for garbage or refuse collection. c)Misdemeanor Violation. Failure to have a contract with a licensed hauler of garbage and refuse, or to have received a waiver from the City is a misdemeanor. d) Bulky Waste. Bulky waste shall have the meaning set forth in State Statute and is a subset of municipal solid waste. In this Ordinance bulky waste includes household items and other discarded materials that, due to their dimensions and weight, are typically not collected as part of the regular trash and Recycling or for which there may be a separate fee, such as furniture, carpeting, and mattresses, and appliances including electronic devices. Commercial Establishment.Commercial establishment means any premises upon which a commercial or industrial enterprise of any kind is operated,including restaurants, clubs, and churches and, for purposes of Solid Waste licensing, multiple unit residential dwellings. County.County means Hennepin County,Minnesota. Hazardous Wastes.Hazardous Wastes are defined in State Statute. Wastes are hazardous in Minnesota when they display one or more by all Collectors of these characteristics: Ignitable, Oxidizer, Corrosive, Reactive, Toxic, or Lethal. Mixed Municipal Solid Waste. Mixed municipal solid waste (MSW) has the meaning set forth in Minnesota Statutes and means garbage, refuse, rubbish, trash, and other solid waste from residential, commercial, industrial, and community activities, that the generator of the waste aggregates for collection. MSW does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural wastes, tires, lead acid batteries, motor and vehicle fluids and filters, and other materials collected, processed, and disposed of as separate waste streams. Multiple Unit Residential Dwelling.Multiple unit residential dwelling means any building consisting of more than four residential dwelling units, each with individual kitchen facilities. Recycling.Recycling shall have the definition in Minnesota Statutes, and shall mean the process of collecting and preparing Recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of Recyclable materials in a manner that precludes further use. Recyclables.Recyclables shall have the meaning set forth in Minnesota Statutes and means materials that are separated from Mixed municipal solid waste for the purpose of recycling or composting, including paper, glass, plastics, metals, automobile oil, batteries, and source-separated compostable materials and all material hereafter designated as Recyclable by the City. Residential Dwelling.Residential dwelling means any single building consisting of up to four (4) residential dwelling units, having individual kitchen facilities for each unit. Solid Waste. Solid waste has the meaning set forth in Minnesota Statutes,section 116.06, but is further defined for purposes of this ordinance to include MSW, recyclables, bulky waste, yard waste, SSOM and litter. Source Separated Organic Materials (SSOM).Source Separated Organic Materials shall have the meaning set forth in State Statute, and shall include food waste and other compostable organic materials that are source separated for recovery. The term “Organics” does not include yard waste for purposes of this Ordinance. (Also referred to as “food waste/organics” and “source separated organics.”) Yard Waste.Yard waste means garden wastes, leaves, lawn cuttings,weeds, shrubs, and tree waste and pruning. Sec. 16-XXX. - Waste Hauling. License Required. It is unlawful for anyNo person to, firm or corporation, except City employees, (a) shall collect or transport garbageMSW, recyclables, bulky waste, SSOM or refuse for hireyard waste belonging to another person in the City without having first secured a license from the City. e)License Requirements. In addition, to the requirements otherwise set forth in this article for the issuance and maintenance of a license to collect or transport garbage, recyclables or refuse, each licensed hauler is obligated to show evidence of ability to comply with the following requirements when it submits its license application for hauling or transporting garbage, recyclables or refuse, and continue to comply with such requirements while hauling garbage, recyclables or refuse, as follows: 1) Haulers must Classification and Number of Licenses. The following classes of licenses shall be issued by the (b) City Council: Residential License. A Residential license shall allow collection of all MSW, recyclables, bulky (1) waste, SSOM, and yard waste from any residential dwelling within the City. The number of Residential licenses under this section shall be capped at the number in (a) place on March 31, 2020; any decrease in the number of licenses that occurs after March 31,2020 due to attrition will decrease the number of available licenses to that extent until the number of available Residential licenses reaches 4. Commercial License. A Commercial license shall allow collection of MSW, recyclables, bulky (2) waste, SSOM, and yard waste from any commercial establishment within the City. Required Services. (c) Residential licensees shall furnish a full class of residential services for pickup of, including at (1) least the following: 30 / 60 / 90 Gallon Service rates for MSW(a) Valet service(b) Yard waste(c) Weekly or biweekly pick up(d) Bulky waste(e) Christmas tree pick up(f) Commercial licensees shall furnish collection of MSW, recyclables, bulky waste, SSOM, and (2) yard waste. Additional License Requirements. All Residential and Commercial licensees must meet the (d) following minimum requirements: Licensees shall offer separate durable yard waste containers.(1) 2) Haulers mustLicensees shall offer solid waste and yard waste containers that are not(2) easily corrodible or combustible and which are made from at least 50 percent25% post-consumer recycled material. 3) HaulersLicensees must haul yard waste from at least April 1 to November 15, and as(3) otherwise designated by the City Manager's or their designee. 4) To accommodate the needs of the physically disabled and challenged and disabled, and(4) to promote the health, safety, and general welfare of the residents of the City, each haulerlicensees shall provide valet service for seniors and the physically disabled among itstheir contract options. f) Limitation on Number of Licenses . 1) The number of licenses issued for refuse collection and hauling shall not exceed 10. 2) The number of licenses issued for recycling collection and hauling shall not exceed 6. Code 1988, § 6.35(2); Ord. No. 477, 2nd Serie s, 12-30-2011; Ord. No. 662 , § 1, 5-7-2019) Sec. 16-194. - Application and Fees. Any person desiring a license to collect garbage, recyclables or refuse shall make application for the same to the City upon a form provided by the City. The application shall set forth the name of the business, the owner's name, the number of vehicles to be used in the City, a description of the vehicles as to physical characteristics, year and name of manufacturer, approximate number of customers served, schedule of charges which will be made for hauling, a schedule of collection routes, the location of proposed dumping area, and the telephone number where the applicant can be conveniently reached. The applicant shall accompany such application with proof that the applicant has public liability insurance in the amount of at least $100,000.00 for injuries, including accidental death, to any one person and in an amount not less than $300,000.00 on account of one accident, and property damage insurance in an amount of not less than $50,000.00. In addition, the applicant shall provide proof that applicant has obtained worker's compensation insurance in compliance with the laws of the State. The application shall include a statement that the person making application has paid all license fees and taxes required therefor. A license fee in the amount established by the Council shall be charged for each vehicle to be operated within the City by such applicant garbage, recyclable and refuse hauler, during any part of the license year, and shall accompany the application, and upon grant of the license, the fees shall be deposited in the General Fund. No license issued hereunder shall be for a longer period than one year, and all licenses shall expire on April 1 of each year. Code 1988, § 6.35(3)) Sec. 16-195. - Granting of License. If the City finds that the applicant is responsible and has proper equipment for such collection, and that a need exists for additional garbage, recyclables or refuse service and that no nuisance is liable to be created by the granting of said license, it may grant the applicant a license for the collection of garbage, recyclables and/or refuse. Code 1988, § 6.35(4); Ord. No. 359, 2nd Serie s, 1-12-2007) Sec. 16-196. - When a licensee deems any material unacceptable for pickup, the licensee shall tag the (5) rejected material and provide, in writing, the date rejected and a specific reason for refusal). Licensees shall comply with all local, state and federal rules, laws and ordinances related to (6) solid waste disposal. All MSW, recyclables, bulky waste, SSOM, and yard waste shall be disposed of only at places specifically authorized by the State Pollution Control Agency and the County Board and in compliance with this Article. Days and Hours of Collection. Collection of MSW, recyclables, bulky waste, SSOM, and yard (e) waste shall be limited to the following days and hours: Residential and Multiple Dwelling Districts. Collection of MSW, recyclables, bulky waste, (a) SSOM, and yard waste in a residential or multiple dwelling zone shall occur only on Fridays between 7:00 a.m. and 6:00 p.m. When a holiday occurs on a weekday, the collection day shall advance by one day. All Other Zoning Districts. Collection of MSW, recyclables, bulky waste, SSOM, and yard (b) waste in all zoning districts other than residential or multiple dwelling zones shall be occur only between 6:00 a.m. and 10:00 p.m. Special Collection Permit. In the event of an emergency, the licensee may apply to the City (c) Manager for a special permit to collect materials at a time or times other than those specified in this section. No such special permit shall extend for a period of more than 14 days from date of its issuance. Vehicles.(f) a) Vehicles used to collect and transport garbagesolid waste over the streets and alleys of(1) the City shall have a fully enclosed metal body which is tightly sealed and properly maintained, and operated to prevent offensive odors escaping therefrom, and solids or liquids from leaking, spilling, dropping, or blowing from the vehicle. b) Vehicles used to collect and transport refuse over the streets and alleys of the City shall completely contain said refuse in a tightly sealed unit, to prevent the refuse, solid or liquid, from leaking, spilling, dropping, or blowing from the vehicle. c) Vehicles must be kept in good repair and in clean and sanitary condition and are subject to(2) periodic inspection by the City. Vehicles shall be equipped with brooms and shovels for use in sweeping up all garbage, recyclables, yard wastessolid waste and refuse spilled during collection or hauling thereof. Code 1988, § 6.35(5); Ord. No. 87, 2nd Serie s, 3-12-1992; Ord. No. 359, 2nd Serie s, 1-12-2007) Sec. 16-197. - Disposal. Disposal of any garbage, recyclables, refuse, yard waste or woody yard waste collected by any private hauler shall not be made except at places specifically authorized by the State Pollution Control Agency and the County Board. Code 1988, § 6.35(6); Ord. No. 92, 2nd Serie s, 6-25-1992) Sec. 16-198. - Scattering of Garbage, Recyclables, Yard Waste, Woody Yard Waste or Refuse. a)It is unlawful for any person to, and no licensed collector shall, permit or allow any of the employees of such collector to cast, spill, place, sweep, or deposit anywhere within the City any garbage, recyclables, yard waste, woody yard waste or refuse in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place, or into any other premises within the City. b) Any citizen participating in a City-sponsored program to remove such wastes shall be exempt from these provisions for a period of 40 days prior to the scheduled date of pickup. Code 1988, § 6.35(7); Ord. No. 296, 2nd Serie s, 5-28-2004) Sec. 16-199. - Hours of Collection. a)Residential and Multiple Dwelling Districts. Collection of garbage, recyclables, yard waste, woody yard waste and refuse in a residential or multiple dwelling zone shall be only between 7:00 a.m. and 6:00 p.m. Collection at times other than the prescribed hours and days shall constitute a misdemeanor; provided, however, that upon a proper showing being made to the City Manager's designee that an emergency exists, the designee may issue a permit for collection at a time or times other than as specified in this article; no such special permit shall extend for a period of more than 14 days from date of its issuance. b)All Other Zoning Districts. Collection of garbage, recyclables, yard waste, woody yard waste, and refuse in all zoning districts not included in Subsection (a) of this section shall be prohibited between 10:00 p.m. and 6:00 a.m. Collection at times other than the prescribed hours and days shall constitute a misdemeanor; provided, however, that upon a proper showing being made to the City Manager's designee that an emergency exists, the designee may issue a permit for collection at a time or times other than as specified in this article; no such special permit shall extend for a period of more than 14 days from date of its issuance. Code 1988, § 6.35(8); Ord. No. 359, 2nd Serie s, 1-12-2007) Sec. 16-200. - Conditions of Licensing. Licensees engaged in residential collection shall furnish a full class of residential services for pickup of garbage and refuse. Licensees engaged in recycling collection from multifamily dwellings in excess of four units shall furnish a full class of services for pickup of recyclables, accepting at a minimum, all materials collected in the City's curbside recycling program as outlined in the current curbside recycling contract Vehicles shall contain spill kits capable of absorbing and containing any fuel or hydraulic (3) fluid spills. All spill incidents shall be reported to the City the day of the incident, with location and time of spill, type of spill, and measures used to clean up the spill. No hauler shall operate a truck on any residential street when the weight of the truck (4) exceeds 7 tons per axel. Vehic le s mus t pa ss all annua l ins pections require d by th e Minne sota Departm ent of (5) Transporta ti on, inc luding but not limited to th os e require d by Mi nn. Stat. § 169.781. All vehic le s opera te d in th e C ity shall dis pla y a curre nt DOT ins pection decal. Licensee shall immediately report all traffic safety and environmental incidents involving (6) licensee’s vehicles that occur in the City to the City staff. Sec. 16.XXX - Applications and Licenses; Procedure and Administration Application. Any person desiring a Residential or Commercial collector license from the City (a) shall file an application on forms provided by the City at least 60 days prior to the projected effective date. The applicant shall pay to the City Clerk a license fee established by the City Council, which fee shall accompany the application. Form. Every application for a license issued under this Article shall be on a form provided by (1) the City. The application shall state at a minimum: The name of the applicant(a) The number of vehicles to be used in the City (b) A description of the vehicles as to physical characteristics, year and name of (c) manufacturer, and acknowledgement that vehicles contains the requirements set forth in Sec 16-____ A statement that the applicant has paid all required fees and taxes (d) For residential licenses, a schedule of charges for the following required services: (e) 30 / 60 / 90 Gallon Service rates forMSWi. Valetserviceii. Yardwasteiii. Weekly or biweekly pickupiv. Bulkywastev. Christmas tree pickupvi. Taxes andfeesvii. The address of all waste disposal sites used by the applicant(f) Submission of most current DOT inspection records for each vehicle to be licensed (g) within the City. The name of a local representative of the applicant and the telephone number, email, (h) and physical address where the representative can be conveniently reached Insurance. Each applicant shall submit at the time of license application proof that the (2) applicant has liability insurance issued by an insurer duly licensed in the state of Minnesota providing at least the following coverage: General liability coverage in the amount of $500,000 for bodily injury for each (a) occurrence; $250,000.00 for property damage per occurrence, or a $1,000,000 combined single limit and an annual aggregate limit of $2,000,000. Automobile liability coverage in the amounts of $250,000 for property damage, (b) 250,000 for bodily injury per person, or $500,000 combined single limit. Worker's compensation insurance in accordance with Mi nn. Stat. § 176.(c) The insurance must remain in force during the term of the license and must provide for notification to the City 30 days before termination or cancellation. A license shall be automatically revoked upon notice of termination or cancellation of insurance and shall remain revoked until and unless other insurance is provided as required. Annual Reporting. Applicants for residential licenses shall submit at the time of initial license (b) application and each renewal application the following information from the prior calendar year: Tonnage of MSW collected(1) Drop off locations(2) And other information as the City may require from time to time (3) The aggregate number of applicant’s residential accounts within the City at the time of the (4) application A summary of the applicant’s driver requirements and driver training program(5) Action. Upon receipt of a complete application, the City Clerk shall forward the application to (c) the City Council for action at its next regularly scheduled City Council meeting. If the City Clerk determines that an application is incomplete, they shall return the application to the applicant with notice of the information necessary to make the application complete. The City Council may either approve or deny the application for a license, or it may delay action for a reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council approves the license, the City Clerk shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the City Council's decision. Renewals. The renewal of a license issued under this article shall be handled in the same (d) manner as the original application. The request for a renewal shall be made at least 30 days but no more than 60 days before the expiration of the current license. In order to renew a license, the licensee must: Demonstrate no lapse in the license period, including suspension or revocation during the (1) last 12-month period. Meet all City, county, state and federal laws related to solid waste disposal.(2) Submit a complete annual application renewal form, along with all required attachments, (3) documents, information and payment, on or before the due date. Incomplete applications will be returned to the Licensee but may be resubmitted with the missing information, provided they are resubmitted by the due date. Failure to submit a complete renewal application package by the due date shall be cause to deny the renewal. Transfer. Each license issued under this Article is issued to the applicant only. Licenses are (e) non-transferable. No licensee shall sell, loan or assign a license to another person or entity. Issuance as Privilege and Not a Right. The issuance of a license issued under this article is a(f) privilege and does not entitle the license holder to automatic renewal of the license. Licensing of garbage, refuse, and recycling haulers by the City shall not preclude the City from contracting with a hauler for the exclusive pickup of residential garbage, recyclables, yard waste, and refuse for the City. False Statements. It is unlawful for any applicant to intentionally make a false statement or (g) omission upon any application form. Any false statement in such application, or any willful omission of any information called for on such application form, shall work an automatic refusal of license, or if already issued, shall render any license issued pursuant thereto void and of no effect to protect the applicant from prosecution for violation of this chapter, or any part thereof. Term of License. No license issued hereunder shall be for a longer period than one year, and all (h) licenses shall expire on April 1 of each year. Code 1988, § 6.35(9); Ord. No. 153, 2nd Serie s, 12-12-1996) (i) Sec. 16-201. - Revocation and Suspension of License. Any license issued hereunder may be revoked or suspended by the Council if false statements have been made in the application and may be revoked upon failure of a licensee to comply with the requirements of the provisions of the City Code. Code 1988, § 6.35(10); Ord. No. 87, 2nd Serie s, 3-12-1992) Sec. 16-202XXX. - Recycling Program. The City shall maintain a recycling program designed to reduce the amount of recyclablessolid waste generated within the City for disposal. Reports providing information on generation, collection and disposal of garbageMSW, recyclables, refuse, yardbulky waste, SSOM, Waste and woody yard waste within the City shall be submitted to the County as prescribed by its Department of Environment and Energy. The City Manager's or their designee shall establish administrative program guidelines for each program and fees shall be established by resolution of the Council. Elements of the recycling program shall consist of: 1) Curbside Recycling. The City shall contract for curbside recycling to all single- and(a) multiple-family residences of four units or less. Cost of said program will be billed on a quarterly basis to all such property owners, based on the cost of providing the service less any subsidy provided by the County. 2) Commercial and Institutional Recycling. Commercial and institutional entities within the(b) City shall contract, through a licenseslicensed private hauler or the City, for recycling for a minimum of every other week collection, the cost of which shall be paid by said commercial or institutional entity. 3) Multifamily Recycling. Owners of multifamily dwellings containing more than four dwelling(c) units shall provide a recycling collection service, through a licensed private hauler or the City, for their residents with a designated on-site collection area. Owners shall contract for a minimum of every other week collection of the recyclables from the on-site collection area, the cost of which shall be paid by the multifamily dwelling owner. Such collection shall include, at a minimum, all materials collected in the City's curbside recycling program maintained in accordance with this article and shall meet applicable County requirements. 4) Special Collection and Drop-Off Programs. Licensed residential haulers operating within the(d) City shall provide yard waste and woody yard waste pick-up in the spring and fall as part of their collection service. The City may from time to time collect or provide drop-off sites for yard waste or recyclables. 5)No Scavenging. It shall be unlawful for unauthorized persons to collect, remove or dispose of recyclable materials after said materials have been placed or deposited for collection. Code 1988, § 6.35(11); Ord. No. 92, 2nd Serie s, 6-25-1992; Ord. No. 359, 2nd S erie s, 1-12-2007; Ord. No. 478, 2nd Serie s, 3-3-2012) Sec. 16-203. -XXX – Enforcement and Warnings. The City Manager's or their designee has responsibility for the enforcement ofshall enforce the provisions of this article. The City or any of its haulers may issue a warning notice to any person observed not in compliance with any provisions of this article. Such warning may serve as the basis to reject noncompliant waste materials for collection. Code 1988, § 6.35(12); Ord. No. 359, 2nd Serie s, 1-12-2007) shall have the right to enforce this ordinance through all means available under law, including administrative citations, suspension or revocation of a license, or criminal prosecution. Any such enforcement action by the City shall be grounds for the City to deny renewal of future license applications. Secs. 16-204—16-229. - Reserved. Chapter 22 - SOLID WASTE[1] Footnotes: 1) --- State Law reference—Waste Management Act, Minn. Stats. ch. 115A; authority to prohibit litter, Minn. Stats. § 412.221, subd. 22(a)(2). ARTICLE I. - –IN GENERAL Secs. 22-1—–22-18. -– Reserved. ARTICLE II. - COLLECTION–STORAGE AND DISPOSAL Sec. 22-19. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, exceptExcept as otherwise defined herein, or where the context clearly indicates a different meaning:contrary intent, the words and terms defined in City Code section 16-XXX, shall be applicable to this Chapter. Compost: A mixture of decayed organic matter. Composting: An above-ground microbial process that converts yard waste to organic soil or mulch by decomposition of material through an aerobic process providing adequate oxygen and moisture. Container: A container designed to hold either garbage, litter, refuse, yard waste, or recyclables. Garbage: Animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. Hauler: Any person who shall offer to, or engage in the collection and/or transportation of garbage, refuse, yard waste or recycling from any house, apartment, public or private institution, or commercial establishment within the City, including all activities up to the time when the waste is delivered to a waste facility. Litter: Garbage, recyclables and refuse. Recyclables: Items of refuse designated by the County Department of Environment and Energy to be part of an authorized recycling program and which are intended for processing and remanufacture or reuse. Refuse: All wastes (except body wastes), including, but not limited to, rubbish, paper, cardboard, ashes, rocks and construction material, normally resulting from the operation of a household or business establishment, but not including garbage, recyclables or yard waste. Woody Yard Waste: Hedge or tree trimmings and twigs (one-quarter inch diameter or greater) or Christmas trees which can be hauled to a commercial compost facility. Yard Waste: Grass/lawn clippings, leaves, weeds, garden waste (tomato vines, carrot tops, cucumber vines, etc.), soft-bodied plants (flower and vegetable plants), hedge or tree trimmings and twigs one-quarter inch diameter maximum), pine cones and needles. Code 1988, § 10.40(1); Ord. No. 296, 2nd S erie s, 5-28-2004; Ord. No. 361, 2nd Serie s, 1-12-2007) Sec. 22-20. - Littering Prohibited. It is unlawful for any person who does not own, occupy, or control a parcel of property within the City to throw or deposit litter, yard waste or woody yard waste on any such property. Code 1988, § 10.40(2)) Sec. 22-21. - Owner to Maintain Premises Free of Litter; Disposal Required. The owner, occupant, and/or Sec. 22-XX. – Disposal and Storage Regulations. Collection Required. (a) Residential Dwelling Collection. Every residential dwelling, either directly or through the (1) owner of a multifamily dwelling unit, shall: have a contract for collection of MSW at least once every other week with a hauler (a) licensed by the City; or apply for and receive a waiver of the requirement of subsection (a)(1)(a) of this section by (b) showing evidence of the use of an environmentally sound alternative for MSW collection. Commercial Collection. Each owner or manager of a commercial establishment shall:(2) Have a contract for at least weekly, and as often as once each business day if necessary to (a) protect the public health, safety, and general welfare, for collection of MSW with a hauler licensed by the City; or Apply for and receive a waiver of the requirement in subsection (a)(2)(a) of this section by (b) showing evidence of the use of an environmentally sound alternative for MSW collection. Disposal. Solid waste shall be handled and disposed in accordance with the following provisions:(b) Solid waste may be disposed of by contracting with a licensed private collector to haul the (1) Solid waste to a State licensed or County-approved processing or disposal site. Solid waste may be disposed of by personally transporting it to a County-approved processing (2) or disposal site. No person shall permit solid waste to be moved from property owned or occupied by the (3) person by any unauthorized or unlicensed collector. No licensed collector shall dispose of solid waste in any manner except as provided in this(4) Section. Sec. 22-XX- Prohibited Acts Unlawful Accumulation Prohibited.Except to the extent permitted as composting under this (a) Article, no person shall allow solid waste or hazardous waste to accumulate upon property owned or occupied by any such person in control of any private property, whether occupied or vacant, shall at all times maintain the premises free of litter; provided; or fail to dispose thereof in a manner meeting the provisions of this section. Provided, however, that this articlesection shall not prohibit the storage of litterMSW in receptacles which meet the requirements of this article. Except to the extent permitted as composting under this article, every such person shall also provide for the regular disposal of garbage, recyclables, refuse, yard waste, and woody yard waste, which may accumulate upon such private property, including garbage, recyclables, refuse, yard waste and woody yard waste stored in receptacles which comply with this article, which disposal shall be accomplished in a sanitary manner. Burning or burying prohibited. No person shall burn or bury any solid waste or hazardous waste, (b) within the City, unless expressly licensed or permitted for that activity. Littering Prohibited. No person shall discharge or dispose of solid waste or hazardous waste in (c) any street, alley, drive, park, playground or other public place, or upon privately owned property. Scattering Prohibited. It is unlawful for any person to, and no licensed collector shall, permit or (d) allow any of the employees of such collector to cast, spill, place, sweep, or deposit anywhere within the City any solid waste or hazardous waste in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place, or into any other premises within the City. Scavenging Prohibited. No person shall scavenge or otherwise collect solid waste or hazardous (e) waste from containers or from public or private property unless licensed therefore by the City or unless permission of the owner of any such materials has been given. Code 1988, § 10.40(3)) Sec. 22-22XX. - Garbage, Recyclables and Refuse– Solid Waste Storage. The owner, occupant, and/or person in control of any private property, business establishment, or industry, shall be responsible for the satisfactory storage of all garbage, recyclables and refusesolid waste accumulated at the premises, business establishment, or industry. 1) GarbageAnimal and vegetable wastes not used for composting shall be stored in durable,(a) rust-resistant, nonabsorbent, watertight, rodent-proof, and easily cleanable containers, with close-fitting, fly-tight covers. 2)Refuse shall be stored in durable containers or as otherwise provided in this article.Where garbage is stored in combination with refuse, containers for the storage of the mixture shall meet the requirements for garbage containers. 3) Toxic or hazardousHazardous wastes shall be stored in the proper containers which are(b) adequately labeled in a safe location and in compliance with the regulations of Federal, State and City governments, and their regulatory agencies. All solid waste, other than SSOM and hazardous wastes, shall be stored in durable containers or as(c) otherwise provided in this article. 4)All containers for the storage of garbage, recyclables and refusesolid waste shall be(d) maintained in such a manner as to prevent the creation of a nuisance or menace to public health. Containers that are broken or otherwise fail to meet requirements of this article shall be replaced with acceptable containers. 5) Garbage, recyclables, refuse, yard waste or woody yardSolid waste objects or materials too(e) large or otherwise unsuitable for storage containers shall be stored in a sanitary manner, in compliance with the regulations of Federal and State government and their regulatory agencies, and in compliance with the City Code. The owner, occupant and/or person in charge of the premises, business establishment, or industry shall arrange the disposal of such garbage, recyclables, refuse, yard waste or woody yardsolid waste objects or materials as soon as practicallypracticably possible and in no event later than 10 days after the date on which the solid waste was first stored on the premises; provided, however, that, except for yard waste and woody yard waste which shall be accomplisheddisposed of in 40 days, in all other cases such disposal shall be accomplished within 10 days of the date on which such materials were first stored on such premises, business establishment, or industry, unless or less. Notwithstanding the foregoing, these time limits may be extended if: a longer period of storage is specified by the regulations of a Federal or State government,(1) or their regulatory agencies,or unless suchin which case the time limit may be extended to match the time specified by the Federal, State or other regulatory agency; or the owner, occupant,and/or person in charge of suchthe premises, business(2) establishment, or industry obtains a permit to store such garbage, recyclables, refuse, yard waste or woody yardsolid waste objects or materials for a longer period from the City Manager or his/hertheir designee. The City Manager or his/hertheir designee shall issue a permit for a longer period of storage only upon a showing of need for such storage and satisfactory evidence that such storage will not endanger the health or safety of any person or create a nuisance. Code 1988, § 10.40(4); Ord. No. 296, 2nd Serie s, 5-28-2004) Sec. 22-23. - Location of Containers—Residential Zoning Districts. Containers shall be stored no more than three feet from the primary or accessory structure and, shall at all times be located behind the front of the primary structure. Containers, and shall be screened from view in accordance with section 113-152. If, in the sole discretion of the City, compliance with the foregoing requirements would cause a significant hardship to the owner due to the location of the primary structure or the topography of the lot, containers may be stored in a neat and orderly manner in another location as approved by the City Manager or their designee. Notwithstanding the foregoing, containers may be placed at the curb from 5:00 p.m. the day prior to collection to 9:00 p.m. the day of collection. Code 1988, § 10.40(5)) Sec. 22-24. - Same—Commercial Establishments and Multiple Dwelling Units. Any bulk or box type container used for the storage of solid waste or recyclableshazardous waste must be fully screened from view of the public right-of-way, public park, or residential area. In no event shall containers be placed next to the street or be placed or maintained in such a way as to unreasonably interfere with the use of adjoining property. Recycling containers less than one cubic yard in capacity do not need to be screened from view of the public right-of-way, but must be placed on a paved surface. Baled recyclables must be stored out of view from the public right-of-way other than a 24-hour time period before a scheduled collection. Code 1988, § 10.40(6); Ord. No. 361, 2nd Serie s, 1-12-2007) Sec. 22-25. - Composting. Composting is permitted only on residential properties having up to four dwelling units provided that all of the following conditions are met: 1)Permitted Composting Materials. Only yard waste, straw, fruit and vegetable scraps, coffee(a) grounds or egg shellseggshells generated from the site on which the compost is located are permitted composting materials. In addition, commercially available ingredients specifically designed to speed or enhance decomposition can be placed in the composting structure. 2)Prohibited Composting Materials. The following materials shall not be placed in the(b) composting structure:woody yard waste,hedge, tree trimmings and twigs one-quarter inch diameter or greater; Christmas trees; meat,; bones,; fat oils,; whole eggs,; dairy products, unshredded; un-shredded branches or logs,; weeds heavily loaded with seeds,; plastics,; synthetic fibers,; human or pet wastes,; diseased plants, or; and any other garbagesolid waste or refuse except for thosehazardous waste not permitted in Subsection (1) of this section. 3)Composting Structure. All composting materials must be contained in a binan enclosed(c) structure which may be constructed of wood, wire mesh,or a combination of wood and wire, or in commercially fabricated compost bins designed to contain composting materials. Maximum of one structure is allowed per lot. 4)Composting Structure Size. Composting shall be conducted within an enclosed structure not to(d) exceed a total of 500 cubic feet (for example, 10 feet by 10 feet by five feet) in volume. The maximum height of the composting structure shall be five feet. 5)Location. The composting structure shall be located in the rear yard of the property, and be at(e) least five feet from the property line, or 35 feet if the property line is also a street line, and no closer than 20 feet to any habitable building, other than the residents' own home. 6)Maintenance. The compost shall be managed in keeping with standard compost practices(f) which include providing adequate air circulation to prevent combustion and objectionable odors to adjacent properties. 7)Nuisance. The operation of composting in a manner that results in objectionable odors or the(g) placing of prohibited materials in a composting structure to create a health hazard is considered a public nuisance. Code 1988, § 10.40(7); Ord. No. 296, 2nd Serie s, 5-28-2004) Sec. 22-26. - Enforcement. The City Manager or his/hertheir designee, has responsibility for shall enforce the enforcement of provisions of this article. 1)Warnings. The City or any of its haulers may issue a warning notice to any person observed(a) not in compliance with any provisions of this article. Such warning may serve as the basis to reject noncompliant waste materials for collection. 2)Inspections. The City Manager or his/hertheir designee shall inspect or investigate as necessary(b) to determine whether an immediate health hazard exists as a result of a violation to this article. Such official may enter upon any land without the consent of the owner and without being subject to any action for trespass. However, if entry into enclosed buildings is necessary, such official shall obtain the consent of the owner, occupant, or person in control of such premises beforehand. If such permission cannot be obtained, such official shall obtain a warrant to enter said building based upon probable cause to believe that a violation of this article exists. The City Manager or his/hertheir designee shall carry identification, in a form approved by the Council, and produce it at the request of any owner, occupant, or person in control of said premises. 3) City Removal.(c) a.If the owner of private property fails to maintain the property free of litter, refuse, yardsolid(1) waste or woody yardhazardous waste as required under this article, the City may remove the same and assess the cost for said removal. b.Prior to City removal of litter, refuse, yardsolid waste or woody yardhazardous waste, the(2) head of the City Manager or his/hertheir designee, shall prepare and serve the property owner with a notice: 1. Describing the property and the violation(a) 2.Setting forth a date by which the litter orsolid waste must be removed (which in no(b) event shall be earlier than 30 days from the date of notice) 3.Providing the option for a hearing before the Council (and setting forth the procedure(c) for obtaining said hearing); and 4. Warning that the cost of City removal may be assessed against the property.(d) c.If the property owner desires a Council hearing, the hearing must be initiated by the(3) property owner before the City commences abatement, and upon the owner's request for a hearing, the City staff shall take no action to abate the alleged violation. d.If a Council hearing is conducted, the Council may hear evidence from any interested party.(4) If the Council determines a violation exists, it shall order a time period within which removal is required of the property owner and if said order is not fully complied with, then the City staff shall proceed to abate the violation and assess the costs therefore against the property. e.If no hearing before the Council is requested by the owner of the property and at least 30(5) days have lapsed since the notice date, the City may enter the property, remove the litter, refuse, yardsolid waste or woodyhazardous waste and assess the cost of removal against the property owner. If the City has removed said materials from property one or more time in the past two years, the notice as stated in Subsection (3)b of this section shall be reduced to a period of not more than 10 days. Code 1988, § 10.40(8); Ord. No. 296, 2nd Serie s, 5-28-2004; Ord. No. 361, 2nd Serie s, 1-12-2007) Immediate abatement. Nothing in this section shall prevent the City, without notice or other(d) process, from immediately abating any condition that poses an imminent and serious hazard to human life or safety. Administrative Citations and Judicial remedy. The City shall have the right to enforce this(e) ordinance through all means available under law, including administrative citations and criminal prosecution. Nothing in this section shall prevent the City from seeking a judicial remedy when no other adequate administrative remedy exists. Document comparison by Workshare 10.0 on Thursday, October 31, 2019 4:16:32 PM Input: Document 1 ID file://L:\City Open Matters\Ordinances\W aste Hauling\First Reading\Chapter 22 and 16 Combined Original.doc Description Chapter 22 and 16 Combined Original Document 2 ID L:\City Open Matters\Ordinances\Waste Hauling\First Reading\W aste Hauling Licensing Ordinance Draft Combined (10.31.19).docx Description L:\City Open Matters\Ordinances\Waste Hauling\First Reading\Waste Hauling Licensing Ordinance Draft Combined (10.31.19).docx Rendering set Standard Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 324 Deletions 226 Moved from 17 Moved to 17 Style change 0 Format changed 0 Total changes 584 ORDINANCE NO. 673 AN ORDINANCE AMENDING THE CITY CODE Repealing in its Entirety Chapter 16 – License, Taxation and Misc. Regulations, Article VII. - Collectors of Solid Waste and Recyclables and adding a new Article VII. – Solid Waste and Recylables Collection The City Council of the City of Golden Valley ordains as follows: Section 1. City Code, Article VII. - Collectors of Solid Waste and Recyclables is hereby repealed in its entirety. Section 2. City Code, Article VI is hereby amended by adding a new Article VII. – Solid Waste and Recylables Collection which reads as follows: ARTICLE VII. SOLID WASTE AND RECYLABLES COLLECTION Sec. 16-192 - Intent. It is the intent of the City Council to establish a system for the orderly and regular collection of MSW, recyclables, bulky waste, SSOM and yard waste in the City; to ensure that the disposal of the material shall be accomplished in a sanitary manner; that the health of the residents of the City shall be properly safeguarded; and to further ensure that the City shall be in compliance with all laws relating to the disposition of recyclables and other waste. The City Manager or their designee shall have the authority to develop additional reporting requirements, application requirements, and other requirements as they deem necessary to provide for the safe, orderly and cost-efficient preparation, collection and disposal of all waste materials covered in this ordinance. These standards shall not be contrary to this ordinance. Sec. 16-193- Definitions. As used in this Article, the following words, terms and phrases shall have the following meanings, except where the context clearly indicates otherwise: Bulky Waste. Bulky waste shall have the meaning set forth in State Statute and is a subset of municipal solid waste. In this Ordinance bulky waste includes household items and other discarded materials that, due to their dimensions and weight, are typically not collected as part of the regular trash and Recycling or for which there may be a separate fee, such as furniture, carpeting, and mattresses, and appliances including electronic devices. Commercial Establishment. Commercial establishment means any premises upon which a commercial or industrial enterprise of any kind is operated, including restaurants, clubs, and churches and, for purposes of Solid Waste licensing, multiple unit residential dwellings. County. County means Hennepin County, Minnesota. Hazardous Wastes. Hazardous Wastes are defined in State Statute. Wastes are hazardous in Minnesota when they display one or more by all Collectors of these characteristics: Ignitable, Oxidizer, Corrosive, Reactive, Toxic, or Lethal. Ordinance No. 673 -2- November 6, 2019 Mixed Municipal Solid Waste. Mixed municipal solid waste (MSW) has the meaning set forth in Minnesota Statutes and means garbage, refuse, rubbish, trash, and other solid waste from residential, commercial, industrial, and community activities, that the generator of the waste aggregates for collection. MSW does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural wastes, tires, lead acid batteries, motor and vehicle fluids and filters, and other materials collected, processed, and disposed of as separate waste streams. Multiple Unit Residential Dwelling. Multiple unit residential dwelling means any building consisting of more than four residential dwelling units, each with individual kitchen facilities. Recycling. Recycling shall have the definition in Minnesota Statutes, and shall mean the process of collecting and preparing Recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of Recyclable materials in a manner that precludes further use. Recyclables. Recyclables shall have the meaning set forth in Minnesota Statutes and means materials that are separated from mixed municipal solid waste for the purpose of recycling or composting, including paper, glass, plastics, metals, automobile oil, batteries, and source- separated compostable materials and all material hereafter designated as Recyclable by the City. Residential Dwelling. Residential dwelling means any single building consisting of up to four residential dwelling units, having individual kitchen facilities for each unit. Solid Waste. Solid waste has the meaning set forth in Minnesota Statutes, section 116.06, but is further defined for purposes of this ordinance to include MSW, recyclables, bulky waste, yard waste, SSOM and litter. Source Separated Organic Materials (SSOM). Source Separated Organic Materials shall have the meaning set forth in State Statute, and shall include food waste and other compostable organic materials that are source separated for recovery. The term “Organics” does not include yard waste for purposes of this Ordinance. (Also referred to as “food waste/organics” and “source separated organics.”) Yard Waste. Yard waste means garden wastes, leaves, lawn cuttings, weeds, shrubs, and tree waste and pruning. Sec. 16-194. - Waste Hauling. a) License Required. No person, firm or corporation, except City employees, shall collect MSW, recyclables, bulky waste, SSOM or yard waste belonging to another person in the City without a license from the City. b) Classification and Number of Licenses. The following classes of licenses shall be issued by the City Council: Ordinance No. 673 -3- November 6, 2019 1) Residential License. A Residential license shall allow collection of all MSW, recyclables, bulky waste, SSOM, and yard waste from any residential dwelling within the City. a) The number of Residential licenses under this section shall be capped at the number in place on March 31, 2020; any decrease in the number of licenses that occurs after March 31, 2020 due to attrition will decrease the number of available licenses to that extent until the number of available Residential licenses reaches four. 2) Commercial License. A Commercial license shall allow collection of MSW, recyclables, bulky waste, SSOM, and yard waste from any commercial establishment within the City. c) Required Services. 1) Residential licensees shall furnish a full class of residential services for pickup of, including at least the following: a) 30 / 60 / 90 Gallon Service rates for MSW b) Valet service c) Yard waste d) Weekly or biweekly pick up e) Bulky waste f) Christmas tree pick up 2) Commercial licensees shall furnish collection of MSW, recyclables, bulky waste, SSOM, and yard waste. d) Additional License Requirements. All Residential and Commercial licensees must meet the following minimum requirements: 1) Licensees shall offer separate durable yard waste containers. 2) Licensees shall offer solid waste and yard waste containers that are not easily corrodible or combustible and which are made from at least 25% post-consumer recycled material. 3) Licensees must haul yard waste from at least April 1 to November 15, and as otherwise designated by the City Manager or their designee. 4) To accommodate the needs of the physically disabled and challenged, and to promote the health, safety, and general welfare of the residents of the City, licensees shall provide valet service among their contract options. 5) When a licensee deems any material unacceptable for pickup, the licensee shall tag the rejected material and provide, in writing, the date rejected and a specific reason for refusal). Ordinance No. 673 -4- November 6, 2019 6) Licensees shall comply with all local, state and federal rules, laws and ordinances related to solid waste disposal. All MSW, recyclables, bulky waste, SSOM, and yard waste shall be disposed of only at places specifically authorized by the State Pollution Control Agency and the County Board and in compliance with this Article. e) Days and Hours of Collection. Collection of MSW, recyclables, bulky waste, SSOM, and yard waste shall be limited to the following days and hours: a) Residential and Multiple Dwelling Districts. Collection of MSW, recyclables, bulky waste, SSOM, and yard waste in a residential or multiple dwelling zone shall occur only on Fridays between 7:00 a.m. and 6:00 p.m. When a holiday occurs on a weekday, the collection day shall advance by one day. b) All Other Zoning Districts. Collection of MSW, recyclables, bulky waste, SSOM, and yard waste in all zoning districts other than residential or multiple dwelling zones shall be occur only between 6:00 a.m. and 10:00 p.m. c) Special Collection Permit. In the event of an emergency, the licensee may apply to the City Manager for a special permit to collect materials at a time or times other than those specified in this section. No such special permit shall extend for a period of more than 14 days from date of its issuance. f) Vehicles. 1) Vehicles used to collect and transport solid waste over the streets and alleys of the City shall have a fully enclosed metal body which is tightly sealed and properly maintained, and operated to prevent offensive odors escaping therefrom, and solids or liquids from leaking, spilling, dropping, or blowing from the vehicle. 2) Vehicles must be kept in good repair and in clean and sanitary condition and are subject to periodic inspection by the City. Vehicles shall be equipped with brooms and shovels for use in sweeping up all solid waste and refuse spilled during collection or hauling. 3) Vehicles shall contain spill kits capable of absorbing and containing any fuel or hydraulic fluid spills. All spill incidents shall be reported to the City the day of the incident, with location and time of spill, type of spill, and measures used to clean up the spill. 4) No hauler shall operate a truck on any residential street when the weight of the truck exceeds 7 tons per axel. 5) Vehicles must pass all annual inspections required by the Minnesota Department of Transportation, including but not limited to those required by Minn. Stat. § 169.781. All vehicles operated in the City shall display a current DOT inspection decal. 6) Licensee shall immediately report all traffic safety and environmental incidents involving licensee’s vehicles that occur in the City to the City staff. Sec. 16.195 - Applications and Licenses; Procedure and Administration Ordinance No. 673 -5- November 6, 2019 a) Application. Any person desiring a Residential or Commercial collector license from the City shall file an application on forms provided by the City at least 60 days prior to the projected effective date. The applicant shall pay to the City Clerk a license fee established by the City Council, which fee shall accompany the application. 1) Form. Every application for a license issued under this Article shall be on a form provided by the City. The application shall state at a minimum: a) The name of the applicant b) The number of vehicles to be used in the City c) A description of the vehicles as to physical characteristics, year and name of manufacturer, and acknowledgement that vehicles contains the requirements set forth in Sec 16-194. d) A statement that the applicant has paid all required fees and taxes e) For residential licenses, a schedule of charges for the following required services: i. 30 / 60 / 90 Gallon Service rates for MSW ii. Valet service iii. Yard waste iv. Weekly or biweekly pick up v. Bulky waste vi. Christmas tree pick up vii. Taxes and fees f) The address of all waste disposal sites used by the applicant. g) Submission of most current DOT inspection records for each vehicle to be licensed within the City. h) The name of a local representative of the applicant and the telephone number, email, and physical address where the representative can be conveniently reached 2) Insurance. Each applicant shall submit at the time of license application proof that the applicant has liability insurance issued by an insurer duly licensed in the state of Minnesota providing at least the following coverage: a) General liability coverage in the amount of $500,000 for bodily injury for each occurrence; $250,000.00 for property damage per occurrence, or a 1,000,000 combined single limit and an annual aggregate limit of 2,000,000. b) Automobile liability coverage in the amounts of $250,000 for property damage, $250,000 for bodily injury per person, or $500,000 combined single limit. c) Worker's compensation insurance in accordance with Minn. Stat. § 176. The insurance must remain in force during the term of the license and must provide for notification to the City 30 days before termination or cancellation. A license shall be automatically revoked upon notice of termination or cancellation of Ordinance No. 673 -6- November 6, 2019 insurance and shall remain revoked until and unless other insurance is provided as required. b) Annual Reporting. Applicants for residential licenses shall submit at the time of initial license application and each renewal application the following information from the prior calendar year: 1) Tonnage of MSW collected 2) Drop off locations 3) And other information as the City may require from time to time 4) The aggregate number of applicant’s residential accounts within the City at the time of the application 5) A summary of the applicant’s driver requirements and driver training program c) Action. Upon receipt of a complete application, the City Clerk shall forward the application to the City Council for action at its next regularly scheduled City Council meeting. If the City Clerk determines that an application is incomplete, they shall return the application to the applicant with notice of the information necessary to make the application complete. The City Council may either approve or deny the application for a license, or it may delay action for a reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council approves the license, the City Clerk shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the City Council's decision. d) Renewals. The renewal of a license issued under this article shall be handled in the same manner as the original application. The request for a renewal shall be made at least 30 days but no more than 60 days before the expiration of the current license. In order to renew a license, the licensee must: 1) Demonstrate no lapse in the license period, including suspension or revocation during the last 12-month period. 2) Meet all City, county, state and federal laws related to solid waste disposal. 3) Submit a complete annual application renewal form, along with all required attachments, documents, information and payment, on or before the due date. Incomplete applications will be returned to the Licensee but may be resubmitted with the missing information, provided they are resubmitted by the due date. Failure to submit a complete renewal application package by the due date shall be cause to deny the renewal. e) Transfer. Each license issued under this Article is issued to the applicant only. Licenses are non-transferable. No licensee shall sell, loan or assign a license to another person or entity. f) Issuance as Privilege and Not a Right. The issuance of a license issued under this article is a privilege and does not entitle the license holder to automatic renewal of the license. Licensing of haulers by the City shall not preclude the City from contracting Ordinance No. 673 -7- November 6, 2019 with a hauler for the exclusive pickup of residential garbage, recyclables, yard waste, and refuse for the City. g) False Statements. It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement in such application, or any willful omission of any information called for on such application form, shall work an automatic refusal of license, or if already issued, shall render any license issued pursuant thereto void and of no effect to protect the applicant from prosecution for violation of this chapter, or any part thereof. h) Term of License. No license issued hereunder shall be for a longer period than one year, and all licenses shall expire on April 1 of each year. i) Revocation and Suspension of License. Any license issued hereunder may be revoked or suspended by the Council if false statements have been made in the application and may be revoked upon failure of a licensee to comply with the requirements of the provisions of the City Code. Sec. 16-196. - Recycling Program. The City shall maintain a recycling program designed to reduce the amount of solid waste generated within the City for disposal. Reports providing information on generation, collection and disposal MSW, recyclables, bulky waste, SSOM, Waste and yard waste within the City shall be submitted to the County as prescribed by its Department of Environment and Energy. The City Manager or their designee shall establish administrative program guidelines for each program and fees shall be established by resolution of the Council. Elements of the recycling program shall consist of: a) Curbside Recycling. The City shall contract for curbside recycling to all single- and multiple-family residences of four units or less. Cost of said program will be billed on a quarterly basis to all such property owners, based on the cost of providing the service less any subsidy provided by the County. b) Commercial and Institutional Recycling. Commercial and institutional entities within the City shall contract, through a licensed private hauler or the City, for recycling for a minimum of every other week collection, the cost of which shall be paid by said commercial or institutional entity. c) Multifamily Recycling. Owners of multifamily dwellings containing more than four dwelling units shall provide a recycling collection service, through a licensed private hauler or the City, for their residents with a designated on-site collection area. Owners shall contract for a minimum of every other week collection of the recyclables from the on-site collection area, the cost of which shall be paid by the multifamily dwelling owner. Such collection shall include, at a minimum, all materials collected in the City's curbside recycling program maintained in accordance with this article and shall meet applicable County requirements. d) Special Collection and Drop-Off Programs. Licensed residential haulers operating within the City shall provide yard waste and woody yard waste pick-up in the spring and fall as part of their collection service. The City may from time to time collect or provide drop-off sites for yard waste or recyclables. Ordinance No. 673 -8- November 6, 2019 Sec. 16.197 – Enforcement. The City Manager or their designee shall enforce the provisions of this article. The City shall have the right to enforce this ordinance through all means available under law, including administrative citations, suspension or revocation of a license, or criminal prosecution. Any such enforcement action by the City shall be grounds for the City to deny renewal of future license applications. 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 April 1, 2020. Adopted by the City Council this 6th day of November, 2019. s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: s/Kristine A. Luedke Kristine A. Luedke, City Clerk ORDINANCE NO. 674 AN ORDINANCE AMENDING THE CITY CODE Repealing in its Entirety Chapter 22 – Solid Waste and Replacing it with a new Chapter 22 – Solid Waste The City Council of the City of Golden Valley ordains as follows: Section 1. City Code, Chapter 22 - Solid Waste is hereby repealed in its entirety. Section 2. City Code, Chapter 22 – Solid Waste is hereby replaced with the following new language: CHAPTER 22- SOLID WASTE Article I. – In General Secs. 22-1–22-18. – Reserved. Sec. 22-19 – Definitions. Except as otherwise defined herein, or where the context clearly indicates a contrary intent, the words and terms defined in City Code section 16-193, shall be applicable to this Chapter. Sec. 22-20. – Disposal and Storage Regulations. a) Collection Required. 1) Residential Dwelling Collection. Every residential dwelling, either directly or through the owner of a multifamily dwelling unit, shall: a) Hhave a contract for collection of MSW at least once every other week with a hauler licensed by the City; or b) Aapply for and receive a waiver of the requirement of subsection (a)(1)(a) of this section by showing evidence of the use of an environmentally sound alternative for MSW collection. 2) Commercial Collection. Each owner or manager of a commercial establishment shall: a) Have a contract for at least weekly, and as often as once each business day if necessary to protect the public health, safety, and general welfare, for collection of MSW with a hauler licensed by the City; or b) Apply for and receive a waiver of the requirement in subsection (a)(2)(a) of this section by showing evidence of the use of an environmentally sound alternative for MSW collection. b) Disposal. Solid waste shall be handled and disposed in accordance with the following provisions: 1) Solid waste may be disposed of by contracting with a licensed private collector to haul the Solid waste to a State licensed or County-approved processing or disposal site. Ordinance No. 674 -2- November 6, 2019 2) Solid waste may be disposed of by personally transporting it to a County-approved processing or disposal site. 3) No person shall permit solid waste to be moved from property owned or occupied by the person by any unauthorized or unlicensed collector. 4) No licensed collector shall dispose of solid waste in any manner except as provided in this Section. Sec. 22-21- Prohibited Acts a) Unlawful Accumulation Prohibited. Except to the extent permitted as composting under this Article, no person shall allow solid waste or hazardous waste to accumulate upon property owned or occupied by any such person; or fail to dispose thereof in a manner meeting the provisions of this section. Provided, however, that this section shall not prohibit the storage of MSW in receptacles which meet the requirements of this article. b) Burning or burying prohibited. No person shall burn or bury any solid waste or hazardous waste, within the City, unless expressly licensed or permitted for that activity. c) Littering Prohibited. No person shall discharge or dispose of solid waste or hazardous waste in any street, alley, drive, park, playground or other public place, or upon privately owned property. d) Scattering Prohibited. It is unlawful for any person to, and no licensed collector shall, permit or allow any of the employees of such collector to cast, spill, place, sweep, or deposit anywhere within the City any solid waste or hazardous waste in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place, or into any other premises within the City. e) Scavenging Prohibited. No person shall scavenge or otherwise collect solid waste or hazardous waste from containers or from public or private property unless licensed therefore by the City or unless permission of the owner of any such materials has been given. Sec. 22-22. – Solid Waste Storage. The owner, occupant, and person in control of any private property, business establishment, or industry, shall be responsible for the satisfactory storage of all solid waste accumulated at the premises, business establishment, or industry. a) Animal and vegetable wastes not used for composting shall be stored in durable, rust- resistant, nonabsorbent, watertight, rodent-proof, and easily cleanable containers, with close-fitting, fly-tight covers. b) Hazardous wastes shall be stored in the proper containers which are adequately labeled in a safe location and in compliance with the regulations of Federal, State and City governments, and their regulatory agencies. c) All solid waste, other than SSOM and hazardous wastes, shall be stored in durable containers or as otherwise provided in this article. Ordinance No. 674 -3- November 6, 2019 d) All containers for the storage of solid waste shall be maintained in such a manner as to prevent the creation of a nuisance or menace to public health. Containers that are broken or otherwise fail to meet requirements of this article shall be replaced with acceptable containers. e) Solid waste objects or materials too large or otherwise unsuitable for storage containers shall be stored in a sanitary manner, in compliance with the regulations of Federal and State government and their regulatory agencies, and in compliance with the City Code. The owner, occupant or person in charge of the premises, business establishment, or industry shall arrange the disposal of such solid waste objects or materials as soon as practicably possible and in no event later than 10 days after the date on which the solid waste was first stored on the premises; provided, however, that yard waste shall be disposed of in 40 days or less. Notwithstanding the foregoing, these time limits may be extended if: 1) a longer period of storage is specified by the regulations of a Federal or State government, or their regulatory agencies, in which case the time limit may be extended to match the time specified by the Federal, State or other regulatory agency; or 2) the owner, occupant, or person in charge of the premises obtains a permit to store such solid waste objects or materials for a longer period from the City Manager or their designee. The City Manager or their designee shall issue a permit for a longer period of storage only upon a showing of need for such storage and satisfactory evidence that such storage will not endanger the health or safety of any person or create a nuisance. Sec. 22-23. - Location of Containers—Residential Zoning Districts. Containers shall be stored no more than three feet from the primary or accessory structure, shall at all times be located behind the front of the primary structure, and shall be screened from view in accordance with section 113-152. If, in the sole discretion of the City, compliance with the foregoing requirements would cause a significant hardship to the owner due to the location of the primary structure or the topography of the lot, containers may be stored in a neat and orderly manner in another location as approved by the City Manager or their designee. Notwithstanding the foregoing, containers may be placed at the curb from 5:00 p.m. the day prior to collection to 9:00 p.m. the day of collection. Sec. 22-24. - Same—Commercial Establishments and Multiple Dwelling Units. Any bulk or box type container used for the storage of solid waste or hazardous waste must be fully screened from view of the public right-of-way, public park, or residential area. In no event shall containers be placed next to the street or be placed or maintained in such a way as to unreasonably interfere with the use of adjoining property. Recycling containers less than one cubic yard in capacity do not need to be screened from view of the public right-of-way, but must be placed on a paved surface. Baled recyclables must be stored out of view from the public right-of-way other than a 24-hour time period before a scheduled collection. Sec. 22-25. - Composting. Composting is permitted only on residential properties having up to four dwelling units provided that all of the following conditions are met: Ordinance No. 674 -4- November 6, 2019 a) Permitted Composting Materials. Only yard waste, straw, fruit and vegetable scraps, coffee grounds or eggshells generated from the site on which the compost is located are permitted composting materials. In addition, commercially available ingredients specifically designed to speed or enhance decomposition can be placed in the composting structure. b) Prohibited Composting Materials. The following materials shall not be placed in the composting structure: hedge, tree trimmings and twigs one-quarter inch diameter or greater; Christmas trees; meat; bones; fat oils; whole eggs; dairy products; un- shredded branches or logs; weeds heavily loaded with seeds; plastics; synthetic fibers; human or pet wastes; diseased plants; and any other solid waste or hazardous waste not permitted in Subsection (1) of this section. c) Composting Structure. All composting materials must be contained in an enclosed structure which may be constructed of wood, wire mesh, or a combination of wood and wire, or in commercially fabricated compost bins designed to contain composting materials. Maximum of one structure is allowed per lot. d) Composting Structure Size. Composting shall be conducted within an enclosed structure not to exceed a total of 500 cubic feet (for example, 10 feet by 10 feet by five feet) in volume. The maximum height of the composting structure shall be five feet. e) Location. The composting structure shall be located in the rear yard of the property, and be at least five feet from the property line, or 35 feet if the property line is also a street line, and no closer than 20 feet to any habitable building, other than the residents' own home. f) Maintenance. The compost shall be managed in keeping with standard compost practices which include providing adequate air circulation to prevent combustion and objectionable odors to adjacent properties. g) Nuisance. The operation of composting in a manner that results in objectionable odors or the placing of prohibited materials in a composting structure to create a health hazard is considered a public nuisance. Sec. 22-26. - Enforcement. The City Manager or their designee shall enforce the provisions of this article. a) Warnings. The City or any of its haulers may issue a warning notice to any person observed not in compliance with any provisions of this article. Such warning may serve as the basis to reject noncompliant waste materials for collection. b) Inspections. The City Manager or their designee shall inspect or investigate as necessary to determine whether an immediate health hazard exists as a result of a violation to this article. Such official may enter upon any land without the consent of the owner and without being subject to any action for trespass. However, if entry into enclosed buildings is necessary, such official shall obtain the consent of the owner, occupant, or person in control of such premises beforehand. If such permission cannot be obtained, such official shall obtain a warrant to enter said building based upon probable cause to believe that a violation of this article exists. The City Manager or their Ordinance No. 674 -5- November 6, 2019 designee shall carry identification, in a form approved by the Council, and produce it at the request of any owner, occupant, or person in control of said premises. c) City Removal. 1) If the owner of private property fails to maintain the property free of solid waste or hazardous waste as required under this article, the City may remove the same and assess the cost for said removal. 2) Prior to City removal of solid waste or hazardous waste, the City Manager or their designee, shall prepare and serve the property owner with a notice: a) Describing the property and the violation b) Setting forth a date by which the solid waste must be removed (which in no event shall be earlier than 30 days from the date of notice) c) Providing the option for a hearing before the Council (and setting forth the procedure for obtaining said hearing); and d) Warning that the cost of City removal may be assessed against the property. 3) If the property owner desires a Council hearing, the hearing must be initiated by the property owner before the City commences abatement, and upon the owner's request for a hearing, the City staff shall take no action to abate the alleged violation. 4) If a Council hearing is conducted, the Council may hear evidence from any interested party. If the Council determines a violation exists, it shall order a time period within which removal is required of the property owner and if said order is not fully complied with, then the City staff shall proceed to abate the violation and assess the costs therefore against the property. 5) If no hearing before the Council is requested by the owner of the property and at least 30 days have lapsed since the notice date, the City may enter the property, remove the solid waste or hazardous waste and assess the cost of removal against the property owner. If the City has removed said materials from property one or more time in the past two years, the notice as stated in Subsection (3)b of this section shall be reduced to a period of not more than 10 days. d) Immediate abatement. Nothing in this section shall prevent the City, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life or safety. e) Administrative Citations and Judicial remedy. The City shall have the right to enforce this ordinance through all means available under law, including administrative citations and criminal prosecution. Nothing in this section shall prevent the City from seeking a judicial remedy when no other adequate administrative remedy exists. 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 April 1, 2020. Ordinance No. 674 -6- November 6, 2019 Adopted by the City Council this 6th day of November, 2019. s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: s/Kristine A. Luedke Kristine A. Luedke, City Clerk Golden Valley City Council Meeting November 6, 2019 Agenda Item 6. B. Second Consideration of Gambling Ordinance Amendments Prepared By Kris Luedke, City Clerk Summary The City’s gambling ordinance has not been updated in several decades. Staff recommends updating the section due to changes in the State Law that governs licensing of gambling organizations. With the update, the City will no longer license organizations conducting lawful gambling. Under State Statute, the Minnesota Gambling Control Board licenses lawful gambling organizations. The first consideration was presented at the October 15, 2019, City Council meeting. If the Council adopts the ordinance on second consideration, the new ordinance would be effective after publication. Financial Or Budget Considerations Neutral – The City will no longer collect application fees of $100 but no staff time will be required to administrator the license and renewal process. The total fee amount collected in 2018 was $300. Recommended Action Motion to adopt second consideration Ordinance #671, Amending Article XV. GAMBLING by removing Section 16-434. Licensing and Investigation Fee and updating Section 16-436 Responsible Parties. Supporting Documents Proposed Article XV. Gambling section (2 pages) Ordinance #670 Amending Article XV. GAMBLING by removing Section 16-434. Licensing and Investigation Fee and updating Section 16-436 Responsible Parties (1 page) ARTICLE XV. - GAMBLING[5] Footnotes: State Law reference— Lawful gambling, Minn. Stats. § 349.11 et seq.; local regulation of lawful gambling, Minn. Stats. § 349.213. Sec. 16-432. - Definitions. Pursuant to Minn. Stats. ch. 349, the State regulates and licenses lawful gambling within the State. The provisions of said Chapter 349 relating to definition of terms are hereby adopted and made a part of this article as if set out in full. Code 1988, § 6.46(1)) Sec. 16-433. - Exempt Gambling. The terms of this article shall not apply to those organizations exempt from State licensing pursuant to Minn. Stats. § 349.166. Code 1988, § 6.46(2)) Sec. 16-434. - Licensing and Investigation Fee. Organizations required to obtain a license for gambling operations from the State shall also obtain a license from the City by filling out an application form provided by the City. Licenses issued by the City shall be good for a term of one year from January 1 to December 31. Only those organizations eligible for a gambling license issued by the State and which are located within the City shall be approved to conduct lawful gambling operations within the City. Organizations applying for a license to conduct lawful gambling in the City shall pay an investigation fee of $250.00; organizations renewing such a license shall pay an investigation fee of $100.00. Said fee shall be paid along with the submission of its application to the City Clerk. The fee shall reimburse the City for its cost incident to a background investigation of the organization. Code 1988, § 6.46(3)) Sec. 16-435. - Charitable Contribution. Any organization licensed by the State to conduct lawful gambling ("licensed organizations") shall make a specific contribution of 10 percent from its net profits derived from lawful gambling operations within the City to a fund administered by the City. For the purposes of this section, the term "net profits" means profits less amounts expended for allowable expenses. Such contribution shall be paid monthly into a fund administered and regulated by the City. All sums received into the fund shall be distributed by the City for a "lawful purpose" as defined in Minn. Stats. ch. 349. Such contribution shall be paid monthly, not more than 20 days after the end of the month. Such payment shall be accompanied by a report containing the following information upon such form as may be required by the City: ARTICLE XV. – GAMBLING Page 2 1) Total amount of receipts from lawful gambling operations within the City during the reporting period. 2) The total amount of prizes actually paid out by the organization during the reporting period from such gross receipts. 3) The total amount of money expended for allowable expenses attributable to such gross receipts. 4) The amount of net profits derived from lawful gambling operations during the reporting period attributable to such gross profits. 5) The signature of the person filing the return. 6) The period covered by the return. Code 1988, § 6.46(4)) Sec. 16-436. - Responsible Parties. The gambling manager of a licensed organization shall be exclusively responsible for the timely filing of all reports, license renewals or and other documents required by this article. Code 1988, § 6.46(5)) Secs. 16-437—16-455. - Reserved. ORDINANCE NO. 671 AN ORDINANCE AMENDING THE CITY CODE Amending Article XV. GAMBLING by removing Section 16-434. Licensing and Investigation Fee and updating Section 16-436 Responsible Parties The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 16-434. Licensing and Investigation Fee is deleted in its entirely and the remaining Sections are to be renumbered accordingly. Section 2. City Code Section 16-436. Responsible Parties is amended to read as follows: The gambling manager of a licensed organization shall be exclusively responsible for the timely filing of all reports and other documents required by this article. 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. Adopted by the City Council this 6th day of November, 2019. s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: s/Kristine A. Luedke Kristine A. Luedke, City Clerk go'idf:v'11 EXECUTIVE SUMMARY va ey Administrative Services 763-593-8013 / 763-593-3969 {fax) Golden Valley City Council Meeting November 6, 2019 Agenda Item 6.C. Second Consideration Establishing A 2020 Master Fee Schedule Prepared By Sue Virnig, Finance Director Summary The Master Fee Schedule has been discussed at the October 8 Council Manager meeting and the First Consideration of the Master Fee Schedule was presented by staff at the October 15 Council meeting. Those fees that have changed are noted in red or bold in 2020 and would become effective on January 1, 2020 or date stated. If no change, the same rate will apply that was used in 2019. No changes have been made since the first consideration. Financial Or Budget Considerations The rates were discussed with the 2020-2021 Proposed Budget and 2020-2029 Proposed Capital. Recommended Action Motion to adopt second consideration Ordinance #672, establishing a 2020 Master Fee Schedule. Motion to approve Summary of Ordinance #672 for Publication based on the finding that the title and summary clearly inform the public of the intent and elect of the ordinance. Supporting Documents •Ordinance #672, Establishing a 2020 Master Fee Schedule (33 pages) •Summary of Ordinance #672 (1 page) ORDINANCE NO. 672 AN ORDINANCE AMENDING THE CITY CODE Establishing A 2020 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 as Exhibit A is hereby adopted as the city’s fee schedule effective January 1, 2020, 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 6th day of November, 2019. s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: s/Kristine A. Luedke Kristine A. Luedke, City Clerk 2020 Proposed Fee Schedule CITY OF GOLDEN VALLEY FEE SCHEDULE TABLE OF CONTENTS ADMINISTRATION 3 LICENSES 3 MISCELLANEOUS FEES 7 ENGINEERING 9 FIRE DEPARTMENT 12 INSPECTIONS DEPARTMENT 14 PLANNING DEPARTMENT 18 POLICE DEPARTMENT 20 PUBLIC UTILITIES 21 PARK & RECREATION 24 RECREATION 24 BROOKVIEW 28 BROOKVIEW GOLF COURSE / 316 BAR & GRILL 29 DONATIONS 32 2 ADMINISTRATION LICENSES CITY CODE SECTION RENEWAL DATE ADOPTED FEE PROPOSED 2020 FEE 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 CHICKEN COOP LICENSE Initial Application Fee $75.00 Annual License Renewal Fee 1-Apr $25.00 CIGARETTES - TOBACCO PRODUCTS Over the counter 1-Jan $275.00 $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 LAWFUL GAMBLING LICENSE First year 1-Jan $250.00 remove Renewal after 1st year 1-Jan $100.00 remove LIQUOR LICENSING Section Code 4-41 Liquor License Application Packet $20.00 remove Liquor - Investigation Fee Liquor-Wine & Beer new applicant $1,000.00 Liquor On-sale, Off-sale, and Sunday sale and Wine new applicant $3,000.00 $1,500.00 Non-refundable administrative fee plus actual costs for investigation $500+Actual costs Liquor - Miscellaneous Change thru the year 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. 3 ADMINISTRATION LICENSES CITY CODE SECTION RENEWAL DATE ADOPTED FEE PROPOSED 2020 FEE 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 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 4 ADMINISTRATION LICENSES CITY CODE SECTION RENEWAL DATE ADOPTED FEE PROPOSED 2020 FEE PEDDLERS AND SOLICITORS 1-Jan 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 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 Background check / Identification card 5 ADMINISTRATION LICENSES CITY CODE SECTION RENEWAL DATE ADOPTED FEE PROPOSED 2020 FEE 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 6 ADMINISTRATION MISCELLANEOUS FEES ADOPTED FEE PROPOSED 2020 FEE ADDRESS CHANGE $50.00 ADMINISTRATIVE PERMIT $75.00 Seasonal, Farm Produce, Christmas Tree Sales, etc in Commercial Zoning District ADMINISTRATIVE CITATIONS - NON RENTAL HOUSING 1st Citation $100.00 2nd Citation $250.00 3rd Citation $500.00 4th Citation and subsequent violations in 12 month period $500.00 ADMINISTRATIVE CITATIONS - RENTAL DWELLINGS 1st citation per dwelling $100.00 2nd citation per dwelling $250.00 3rd citation per dwelling $500.00 per dwelling $500.00 ADMINISTRATIVE CITATIONS 1st citation per violation $100.00 2nd citation per violation $250.00 3rd citation per violation $500.00 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: https://library.municode.com/mn/golden_valley/codes/code_of_ordinances 4th citation and subsequent violations in 12 month period 4th citation and subsequent violations in 12 month period 7 ADMINISTRATION MISCELLANEOUS FEES ADOPTED FEE PROPOSED 2020 FEE City Maps 10.00 Comprehensive Plan 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 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 Plats, Record Drawings, Other Plats (i.e. address maps, building plans,comp plan, zoning) 8 ENGINEERING ADOPTED FEE PROPOSED 2020 FEE EQUIPMENT CHARGE (Per Hour) (Personnel will be added) Utility Vehicle includes personnel does not include personnel $100.00 $45.00 Utility Equipment includes personnel does not include personnel $200.00 Heavy Equipment does not include personnel costs $125.00 Medium Equipment does not include personnel $80.00 Light Equipment not include personnel $45.00 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)$150.00 Obstruction permit-Temporary $100.00 Overhead Utility Repair per location No Charge Sewer jet, vac truck, sewer camera, sewer rodder Front end loader, 360 Backhoe, Pickup sweeper, Tandem axle truck, Aerial truck 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 Truck - one ton and under, Air compressor, Water pump, Generator, Steamer, Asphalt/saw, Concrete, Cable tracer) 9 ENGINEERING ADOPTED FEE PROPOSED 2020 FEE Underground Utility 0 to 100 Feet Administrative permit fee $250.00 per foot fee $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 $7,200.00 $7,500.00 Multi Unit Residential (more than 2 dwelling units) on local street 79.35/ft $82.52/ft Residential/Single Family/Duplex, per dwelling unit on state aid street $1,800.00 $1,875.00 Multi Unit Residential (more than 2 dwelling units) on state aid street 84.98/ft $88.38/ft Other Zonings, Local Streets 100.16/ft $104.17/ft Other Zonings, State Aid Streets 103.18/ft $107.30/ft Administrative Fee for Driveways and/or Sanitary Sewer repairs $250/maximum Seven percent of total or maximum fee -whichever lessor) Low Income Level for Senior/Retired due to Disability Deferral 2018 HUD Limits 2019 HUD Limits 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 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 When a project does not follow the above assessment rates, the rates will be approved at the time of the project hearing. 10 ENGINEERING ADOPTED FEE PROPOSED 2020 FEE 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 11 FIRE DEPARTMENT ADOPTED FEE PROPOSED 2020 FEE CARSEAT INSTALLATIONS/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 below fee schedule: 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, up 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 $5,958.50 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 Valuation FROM TO 12 FIRE DEPARTMENT ADOPTED FEE PROPOSED 2020 FEE FLOOR DRY (ACCIDENTS)per bag $20.00 FUEL TANKS - PETROLEUM/COMPRESS GAS TANKS FUEL TANKS 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 per tank $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 13 INSPECTIONS DEPARTMENT ADOPTED FEE PROPOSED 2020 FEE If the work has been started the Building Official shall assess additional fees as permitted by code WORKING WITHOUT A PERMIT - INVESTIGATION FEE The greater of $100 or 25% of the permit fee, not to exceed $500. Fee not to exceed permit fee. ALL BUILDING PERMIT VALUATION DATA WILL BE BASED ON THE CURRENT INTERNATIONAL CODE COUNCIL ALL BUILDING PERMITS ARE BASED FEES FROM THE LMC/AMM RECOMMENDATION. www.goldenvalleymn.gov/permits/pdf/building-fees.pdf Plan Review Fee Due at time Plans are Submitted at City Discretion (no refund)65% of Fee WHEN APPLICABLE, A PLAN REVIEW FEE WILL BE ADDED TO BUILDING AND SITE PERMITS 65% of permit 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 value the state surcharge is .0005 times the permit value. Surcharge is remitted to MN State Treasurer. Permit Cancellation Policy: 80% of the permit fee will be returned upon written notice of cancellation. If job has been started no refund will be made. 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 (Ref. MN Rules 1300.0160,subd. 1, subd. 2) Table 1 Total valuation based on below fee schedule: FEES 0 $1 $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, up 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 $5,958.50 for the first $1,000,000 plus $4.00 for each additional 1,000 or fraction thereof The fee will be charged by the Building Official or designee where additional time and expense is incurred by the City to achieve code compliance. Valuation FROM TO 14 INSPECTIONS DEPARTMENT ADOPTED FEE PROPOSED 2020 FEE CONTRACTORS 1-Apr $75.00 ELECTRICAL State Surcharge - each permit $1.00 All Services new, replace or repair Minimum Fee Minimum permit fee is $40.00 plus $1.00 State surcharge. This is for one inspection only. Minimum fee for rough-in inspection and final is $80.00 plus $1.00 State surcharge. Maximum Fee Maximum fee for single family dwelling or townhouse not over 200 Amps is $175.00 plus $1.00 State surcharge. Maximum of 3 inspections. 0 to 300 Amp 50.00 400 Amp 58.00 500 Amp 72.00 600 Amp 86.00 800 Amp 114.00 1000 Amp 142.00 1100 Amp 156.00 1200 Amp 170.00 Add $14.00 for each additional 100 Amps. Circuits and Feeders 0 to 30 Amp 8.00 31 to 100 Amp 10.00 101 to 200 Amp 15.00 300 Amp 20.00 400 Amp 25.00 500 Amp 30.00 600 Amp 35.00 700 Amp 40.00 Add $5.00 for each additional 100 Amps. Apartment Buildings per unit $80.00 Reinspection fee $40.00 Remote Control and Signal Circuits per device $0.75 Retro Fit Lighting per fixture $0.65 There is a $2 per circuit charge for replacing circuits that are disconnected in the old service panel and reconnected to the new panel. The inspection fee for the installation, addition, alteration or repair of each circuit, feeder, feeder tap or set of transformer secondary conductors: Fee per unit of an apartment or condominium complex. This does not cover service and house wiring. Heating, Ventilation, Air Conditioning and Refrigeration 15 INSPECTIONS DEPARTMENT ADOPTED FEE PROPOSED 2020 FEE Saver Switch $35.00 Service Replacement $100.00 Sign Transformer per transformer $8.00 Solar PV Installation Per Minnesota Solar PV System 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 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 over 300 KVA $150.00 includes up to 10 circuits and 2 inspections $80.00 Accessory Structures per panel $50.00 per circuit $8.00 MECHANICAL: HVAC, GAS PIPING, REFRIGERATION AND FIREPLACE Includes all types of fireplaces - masonry, gas, gas log, gas insert, etc. Value Permit charge 0 $999 $50.00 1,001 $5,000 $75.00 + 2.60% 5,001 $10,000 $179.00 + 2.15% 10,001 $25,000 $286.50 + 1.85% 25,001 $50,000 $534.00 + 1.65% 50,001 and up $946.50 + 1.30% PLUMBING AND PIPING FIXTURES Includes hydraulic sewer valves, rain water leaders, and alteration to existing systems. Value Permit charge 0 $999 $50.00 1,001 $5,000 $75.00 + 2.60% 5,001 $10,000 $179.00 + 2.15% 10,001 $25,000 $286.50 + 1.85% 25,001 $50,000 $534.00 + 1.65% 50,001 and up $946.50 + 1.30% Additons, Remodels or Basement Finishes 16 INSPECTIONS DEPARTMENT ADOPTED FEE PROPOSED 2020 FEE ELECTRONIC DOCUMENT FEE Based on Permit Fee $0.03 HOUSE/BUILDING Moving $500.00 Demolition $500.00 PERMIT CANCELLATION Request must be made within 180 days of permit issue date. No work shall have occurred.80% of permit fee PERMITS EXPIRED(OVER 180 DAYS) Fee determined by Building Official based on permit valuation Site visit to review work associated with expired permit $75.00 SEWER ACCESS CHARGE (SAC) -CITY per unit $650.00 SIGN PERMIT Base fee $50.00 Area fee (per sq ft of sign area)+3.00/sq ft Plan Review (Pylon and Monument Signs)$40.00 Temporary Sign $50.00 Special Temporary Sign Additional $50.00 Permanent Sign Footing Permit - if needed Per Table 1 Electrical Permit - if needed Per Table 1 TEMPORARY CERTIFICATE OF OCCUPANCY Partial Occupancy Permit Administrative fee $300.00 Partial Certificate of Occupancy Administrative fee $100.00 Temporary Certificate of Occupancy Administrative fee $100.00 Administrative fee $200.00 Penalty for expired Temporary Certificate of Occupancy $300.00 WATER ACCESS CHARGE (WAC) -CITY per unit $1,700.00 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. 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 to which the building permit relates. Extension of Temporary Certificate of Occupancy No surcharge or plan review fees will be returned (includes the fees for stormwater management, right-of-way ROW) and tree preservation permits). 17 PLANNING DEPARTMENT ADOPTED FEE PROPOSED 2020 FEE 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 PARK DEDICATION FEES Minnesota Statute 462.358 6% of Land Value PLANNED UNIT DEVELOPMENT Preliminary Design PUD Plan $1,000.00 Final PUD Plan of Development $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 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 18 PLANNING DEPARTMENT ADOPTED FEE PROPOSED 2020 FEE VARIANCE FROM ZONING CODE Single-Family Residential Zoning District $200.00 All other Zoning Districts $300.00 Extension $150.00 ZONING EXAMINATION LETTER $100.00 ZONING MAP AMENDMENT $500.00 19 POLICE DEPARTMENT ADOPTED FEE PROPOSED 2020 FEE 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)$100.00 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)$75.00/hr $85.00/hr Off Duty Police Officer (minimum applies as determined by City Manager/designee) 20 PUBLIC UTILITIES ADOPTED FEE PROPOSED 2020 FEE 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 $71.13 $76.26 Residential (per dwelling unit) (Flat Rate) - 6-15 units-winter qtr consumption $76.81 $79.11 Residential (per dwelling unit) (Flat Rate) - 16-19 units-winter qtr consumption $84.48 $87.01 Residential (per dwelling unit) (Flat Rate) - 20-25 units-winter qtr consumption $96.31 $99.20 Residential (per dwelling unit) (Flat Rate) - 26-39 units-winter qtr consumption $126.18 $129.97 Residential (per dwelling unit) (Flat Rate) - 40-59 units-winter qtr consumption $145.31 $149.67 Residential (per dwelling unit) (Flat Rate) - 60-79 units-winter qtr consumption $154.23 $158.86 Residential (per dwelling unit) (Flat Rate)- 80 to 99 units-winter qtr consumption $176.73 $182.03 Residential (per dwelling unit) (Flat Rate)- 100 and over units-winter qtr consumption $209.74 $216.03 Recycling Residential curbside (per unit)$15.00 $16.00 Storm Sewer Utility Rate Charge for a Residential Equivalent Factor of 1.00 $72.00 $75.00 Each single family residential property is considered to be 1/3 of an acre. Street Lights Ornamental (per unit)$12.06 $12.42 Overhead (per unit)$8.31 $8.56 Water Minimum fee, includes up to 1,000 gallons of flow $15.00 $19.50 Water meters up to and including 1"$15.00 $19.50 Water meters over 1" and including 2"$99.99 $104.79 Water meters over 2" and including 4"$139.89 $144.39 Water meters over 4"$178.26 $182.76 Above 1,000 gallons of flow per quarter up to 79,000 (per 1,000 gallons)$6.45 $6.60 80,000 gallons and over of flow per quarter (per 1,000 gallons)$6.48 $6.68 Emergency WaterSupplyper1000gallons $0.30 Water ConnectionFeeStateCharge for each water hookup $1.59 $2.43 Irrigation Accounts (All) - Monthly Billing Minimum fee, includes up to 1,000 gallons of flow $15.00 $19.50 Water rate per 1000 gallons $6.48 $6.68 All apartment buildings over 50 units will be billed monthly beginning April 1, 2018 21 PUBLIC UTILITIES ADOPTED FEE PROPOSED 2020 FEE COMMERCIAL & INDUSTRIAL UTILITY RATES - MONTHLY BILLING Inspection Fee for Fire lines $2.00 Penalties (for late payment on monthly billings)5% Sanitary Sewer Water meters up to and including 1"$12.99 $13.38 Water meters over 1" and including 2"$33.33 $34.33 Water meters over 2" and including 4"$46.63 $48.03 Water meters over 4"$59.42 $61.20 Based on per 1,000 gallons $5.45 $5.61 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)$72.00 $75.00 Street Lights Ornamental (per unit)$4.02 $4.14 Overhead (per unit)$2.77 $2.85 Water Connection Fee - State charge for each water hookup - (January 1)$0.53 $0.81 Water Usage: Minimum fee, includes up to 1,000 gallons of flow $15.00 $19.50 Water meters up to and including 1"$15.00 $19.50 Water meters over 1" and including 2"$33.33 $37.83 Water meters over 2" and including 4"$46.63 $51.23 Water meters over 4"$59.42 $63.92 Water rate per 1000 gallons $6.48 $6.68 Emergency WaterSupplyper1000gallons $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 22 PUBLIC UTILITIES ADOPTED FEE PROPOSED 2020 FEE 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 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 23 PARK & RECREATION ADOPTED FEE PROPOSED 2020 FEE ACTIVITIES Rates/Fees are printed in Recreation Brochures (Spring/Summer, Fall, Winter) Adult Activities Adult Individual Athletics/Fitness $20.00-$100.00 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 Softball Leagues - Fall $400.00-$500.00 Softball Leagues - Spring/Summer $800.00-$900.00 Volleyball League $150.00-$300.00 Senior Programs / Activities Craft/Art Classes $6.50-$70.00 Membership Dues $6.00-$50.00 Presentation/Discussion Groups $1.00-$5.00 Special Events $4.00-$40.00 Trips - Extended 2-6 Days 250.00- 1,200.00 250.00- 1,500.00 Trips - One Day $8.00-$95.00 Youth Activities Youth Athletics $20.00-$150.00 Youth Programs $5.00-$175.00 Youth Trips/Events $5.00-$100.00 $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 24 PARK & RECREATION ADOPTED FEE PROPOSED 2020 FEE Group Rates Pre-reservation required; Ratio of 10:1 youth/adult; 1 payment only Groups of 15 kids or more, max 50, includes use of a party room whenavailableperchild $4.50 Party Rates Includes 2 hours party room and 10 indoor playground wristbands Resident $100.00 Non-Resident $120.00 Picnic Packages Three One SIx 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 Non Resident - no attendent per hour / per field (min 2 hrs)$35.00 Non Resident - with attendent per hour / per field (min 2 hrs)$45.00 W/Lights(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 Davis Community Center Gym Resident per hour $25.00 $30.00 Non-resident per hour $30.00 $40.00 Entire Park Use -- plus facility rental fees (up to 12 hours) Resident $300.00 extra wristbands may be purchased for daily rate (max of 20 people total per party room) 25 PARK & RECREATION ADOPTED FEE PROPOSED 2020 FEE Non-resident $450.00 Equipment Use Fee Permit Inflatable, climbing wall, zipline, etc Each $25.00 Gazebo/Sun Shelter 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 Non-resident per hour (minimum 2 hrs)$40.00 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 (per court) Resident per hour $20.00 Non-resident per hour $25.00 Sand Volleyball Court-Brookview (2 courts) Resident per hour $30.00 Non-resident per hour $35.00 Brookview only - Available from 11:00 am-dusk and only in conjunction with Large Shelter Rental for wedding ceremonies 26 PARK & RECREATION ADOPTED FEE PROPOSED 2020 FEE 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 $8.00-$12.00 Organization Field Maintenance Fee per organization 100.00- 2,000.00 27 BROOKVIEW COMMUNITY CENTER - 2019 Adopted 2020 PROPOSED 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 RESIDENT (Live or work in GV, book 18 months 24 months in advance for 14 hr, 12 months in advance for hourly) Room Room Capacity Hours Sweeney Lake Conference Rm -12 max 2 hr min North 50 – seated chairs only 2 hr min South Waiting for #2 hr min Both Waiting for #2 hr min Twin Lake Rm -4 No minimum Fossil Creek Rm -4 No minimum Hideout -20 – seated at tables 2 hr min Clubhouse -20 – seated at tables 2 hr min Room Option Capacity Hours Mon-Thur Fri Sat Sun Mon-Thur Fri Sat Sun Bassett Creek 212 (200 @ rounds, 12 head table)14 hr (10 am-12 am)$1100 + tx $1600 + tx $1000 + tx 1200+tax Banquet Room 228 (216 @ rectangles, 12 head table)Hourly (2 hr min)$ 90/hr + tax 100/hr + tax 140/hr + tax 90/hr + tax North 84 (72 at rounds & 12 at head table)Hourly (2 hr min)$ 55/hr + tax 60/hr + tax 80/hr + tax 55/hr + tax South 72 (Classrm/presentation at rectangles)Hourly (2 hr min)$ 55/hr + tax 60/hr + tax 80/hr + tax 55/hr + tax Lilac Room -No minimum Wirth Lake Rm - Waiting for #2 hr min Rice Lake Conference Rm -12 max 2 hr min Evergreen Deck -104 – seated chairs only 2 hr min 204 – seated chairs only 2 hr min Deck Event/Ceremony Fee set-up of chairs, equipment, basic PA) ALL ROOMS Special Set-up/Clean-up Varies based on needs NON-RESIDENT (Book 16 months in advance for 14 hr, 10 months in advance for hourly) Room Option Capacity Hours Sweeney Lake Conference Rm -12 max 2 hr min North 50 – seated chairs only 2 hr min South Waiting for #2 hr min Both Waiting for #2 hr min Twin Lake Rm -4 No minimum Fossil Creek Rm -4 No minimum Hideout -20 – seated at tables 2 hr min Clubhouse -20 – seated at tables 2 hr min Room Option Capacity Hours Mon-Fri Sat Sun Mon-Fri Sat Sun Bassett Creek 212 (200 @ rounds, 12 head table)14 hr (10 am-12 am)$1300 + tx $1800 + tx $1200 + tx 1400+tax Banquet Room 228 (216 @ rectangles, 12 head table)Hourly (2 hr min)$120/hr + $130/hr + $170/hr + $120/hr + North 84 (72 at rounds & 12 at head table)Hourly (2 hr min)$70/hr + $75/hr + $95/hr + $70/hr + South 72 (Classrm/presentation at rectangles)Hourly (2 hr min)$70/hr + $75/hr + $95/hr + $70/hr + Lilac Room -No minimum Wirth Lake Rm - Waiting for #2 hr min Rice Lake Conference Rm -12 max 2 hr min Evergreen Deck -104 – seated chairs only 2 hr min 204 – seated chairs only 2 hr min Deck Event/Ceremony Fee set-up of chairs, equipment, basic PA) ALL ROOMS Special Set-up/Clean-up Varies based on needs Banquet/Event Attendant $30/hour Drapery $200-$500 14 hour rental includes: Bassett Creek Banquet Room, Lilac Room, Rice Lake Conference Room, catering kitchen, private (Fairway) deck. Lower Level Mon-Sun 25/hr + tax Valley Room 45/hr + tax 45/hr + tax 75/hr + tax 15/hr + tax 15/hr + tax 25/hr 25/hr Upper Level Full Rm 15/hr + tax 50/hr + tax 25/hr + tax 60/hr + tax 60/hr + tax 200 50 minimum Fairway Deck - Lower Level Mon-Sun 35/hr + tax Valley Room 55/hr + tax 55/hr + tax 90/hr + tax 15/hr + tax 15/hr + tax 35/hr + tax 35/hr + tax Upper Level Full Rm 15/hr + tax 60/hr + tax 35/hr + tax 75/hr + tax 75/hr + tax 220 50 minimum Fairway Deck - Mon-Sun Mon-Sun 28 BROOKVIEW GOLF COURSE / 316 BAR & GRILL ADOPTED FEE PROPOSED 2020 FEE REGULATION COURSE 18 Hole $39.00 18 Hole Club Member $32.00 18 Hole Senior Club Member (Age 60+)$28.00 18 Hole Senior (Age 60+)$32.00 18 Hole League $39.00 18 Tournament $39.00 9 Hole $21.00 9 Hole Club Member $18.00 9 Hole Senior Club Member (Age 60+)$16.50 9 Hole Senior (Age 60+)$18.00 9 Hole League $21.00 9 Hole Tournament $21.00 2nd Nine $18.00 2nd Nine Club Member $14.00 Sunrise/Sunset Rate $18.00 Twilight $22.00 Twilight Club Member $18.00 Junior Rate Club Member $23.50/$13.50 Junior Rate $25.50/$15.50 PAR 3 COURSE 9 Hole $13.00 9 Hole Club Member $9.50 9 Hole Senior Club Member (Age 60+)$8.50 9 Hole Senior (Age 60+)$10.00 9 Hole League $13.00 9 Hole Tournament $13.00 9 Hole Junior Rate Club Member $8.50 9 Hole Junior $10.00 2nd 9 Par 3 $8.00 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 29 9 Hole Par 3 Power Cart $18.00 Pull Cart/Regulation Course $5.00 Pull Cart/Par 3 Course $4.00 Trailer fee/Use of personal power cart $15.00/$10.00 CLUB MEMBER CARDS Resident Adult $80.00 Non-resident Adult $120.00 Resident Senior (Age 60+)$50.00 Non-resident Senior (Age 60+)$85.00 Resident Junior (17 yrs & under)$40.00 Non-resident Junior (17 yrs & under)$45.00 Par 3 $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 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 Summer Kids Leagues $30.00 Senior Leagues $5.00 Rental of Green / 4 courts for corporate golf outings $120.00/hour Game Official For Private Rentals / Events $30.00/hour Game Equipment Use For Leagues & Rentals included 30 LESSONS Adult Group $99.00 $95.00-$200.00 Junior Camp $150.00-$320.00 Junior Group $65.00 $65.00-$150.00 LOCKER RENTAL Season $100.00 $120.00 Daily $5.00 Towel fee $2.00 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 31 DONATIONS ADOPTED FEE PROPOSED 2020 FEE Commemorative Bench with Engrave 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 32 SUMMARY OF ORDINANCE NO. 672 AN ORDINANCE AMENDING THE CITY CODE Establishing A 2020 Master Fee Schedule This is a summary of the provisions of the above ordinance approved for publication by the City Council. The City Code requires certain fees for City services and licenses be established by the City Council. This ordinance establishes a 2020 Master Fee Schedule effective January 1, 2020, unless otherwise noted. The rates included in the Master Fee Schedule were discussed with reviewing the 2020-2021 Proposed Budget, 2020-2029 Proposed Capital Improvement Program and at the October 10, 2019, Council/Manager Meeting NOTICE: the foregoing is only a summary of the ordinance. A copy of the full version of this ordinance is available for inspection during regular office hours at the office of the City Clerk. Adopted by the City Council this 6th day of November, 2019. s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: s/Kristine A. Luedke Kristine A. Luedke, City Clerk