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011012completeagenda CITY OF RICHFIELD, MINNESOTA TUESDAY, JANUARY 10, 2012 RICHFIELD MUNICIPAL CENTER 6700 PORTLAND AVENUE SPECIAL CITY COUNCIL WORKSESSION BARTHOLOMEW CONFERENCE ROOM 6:00 P.M. AGENDA Call to order Roll call 1. Presentation by Mn/DOT representatives regarding upcoming 1-494 Construction Project (Council Memo No. 1) Notes: Adjournment REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of(1) Special City Council Meeting of December 6, 2011; (2) Special City Council Meeting of December 13, 2011; and (3) Regular City Council Meeting of December 13, 2011 PRESENTATION 1. Presentation of Certificate of Achievement for Excellence in Financial Reporting from Government Finance Officers Association to City of Richfield Finance Manager, Chris Regis (Council Memo No. 2) COUNCIL DISCUSSION 2. Council discussion • Schedule date(s) for City advisory commission and HRA Commissioner applicant interviews • Hats Off to Hometown Hits Notes: AGENDA APPROVAL 3. Council approval of agenda CONSENT CALENDAR 4. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Considerati on of approval of designating Assistant City Manager or available Department Director as Acting City Manager in 2012 in event City Manager is absent from City S.R. No. 1 B. Considerati on of approval of resolution regarding City Council Member attendance at City Council meetings for 2012 S.R. No. 2 C. Consideration of approval of resolution designating Richfield Sun-Current as official newspaper for City of Richfield for 2012 S.R. No. 3 D. Consideration of approval of resolutions designating official depositories, including approval of collateral, for City of Richfield for 2012 S.R. No. 4 E. Considerati on of approval of resolution authorizing use of City credit cards by City employees otherwise authorized to make purchases on behalf of City S.R. No. 5 F. Consideration of approval of rescinding Resolution No. 9806 and adopting resolution establishing updated Public Purpose Expenditure Policy S.R. No. 6 G. Consideration of approval of resolution accepting $50 donation from Minneapolis- Richfield American Auxiliary Unit 435 S.R. No. 7 H. Consideration of approval of Richfield Municipal Center change order report for aggregate net effect of$7,847 in items included within project budget S.R. No. 8 I. Consideration of approval of purchase of brush chipper (Vermeer BC 2100XL) from Vermeer of Burnsville for use by Forestry Maintenance Division in amount of $108,280.40 S.R. No. 9 J. Consideration of approval of 2012 contract with City of Bloomington, using federal grant funds, for public health emergency preparedness/bioterrorism services and development of response system S.R. No. 10 K. Considerati on of approval of continuation of agreement with City of Bloomington for public health services for City of Richfield for 2012 S.R. No. 11 L. Consideration of approval of resolution authorizing City of Richfield to participate in Minnesota GreenStep Cities Program S.R. No. 12 M. Consideration of approval of resolution authorizing Agency Agreement No. 93492 between Mn/DOT and City of Richfield authorizing Mn/DOT to pass through federal funds for previous planning and design of two bike routes in Richfield S.R. No. 13 N. Consideration of approval of Richfield Municipal Center Room Reservation Policy and Guidelines, rescinding current Resolution No. 6237 regarding use of Council Chambers, and resolution amending Appendix D to reflect new fees and charges S.R. No. 14 O. Consideration of approval of resolution authorizing purchase of real property at 6420-17th Avenue S.R. No. 15 Notes: 5. Consideration of items, if any, removed from Consent Calendar Notes: PROPOSED ORDINANCES 6. Consideration of second reading of amendment to Richfield City Code Appendix D establishing fee schedule for "Sketch Plan Review" and resolution authorizing summary publication of ordinance Staff Report No. 16 Notes: 7. Consideration of second reading of ordinance amending Subsection 514.05, Subdivisions 3 and 4 and Subsection 518.05, Subdivisions 3 and 4 related to accessory structures on residential lots of 15,000 square feet or more Staff Report No. 17 Notes: RESOLUTIONS 8. Consideration of resolution authorizing 2012 social service agency funding recommendations Staff Report No. 18 Notes: 9. Consideration of resolution approving amendment to 2011-2012 labor agreement with International Union of Operating Engineers Local 49 Staff Report No. 19 Notes: 10. Consideration of resolutions approving 2012 Management, General Services and Specialized salary compensation plans Staff Report No. 20 Notes: CITY MANAGER'S REPORT 11.City Manager's report Notes: 12.Claims and payrolls Open forum (additional 15 minutes if more time needed after first Open Forum and by majority vote of the City Council) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: 13.Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. richfield: January 2013 Page 1 of 1 �� , � D��Richfield Calendar �� City of ��V� ��0�u�a0� � Calendars Net Navigate: 2011 Jan Feb Mar /pr May Jun Jul Aug Sep Oct Nov Dec 2013 January �� a��ary �� Monday Tuesday Wednesday Thursday Friday 26 || Dee 27 28 29 30 City Administrative 70 | SATURDAY, DEC. 31 offices closed-- Regular Meeting 9:30 om.' 10:30 a.m. Christmas holiday CANCELED Mayor's Hour @ WLNC observed CANCELED 2 3 4 5 6 CITY ADMINISTRATIVE 11:30a Tourism 7:00p Transportation 7:00p Arts Commission OFFICES CLOSED-- Promotion Board @ Commission @ 7000 Nicollet Ave NEW YEARS DAY O0O1Lyndale Ave, Suite CANCELED HOLIDAY OBSERVED 106 6:30p Human Rights Commission 9 10 ] l 12 13 O:OUp Special Ci Council Worksession 7:0Up City Council Regular Meeting 16 17 |8 19 20 O ry Board of 8 l HRA 7:OOp Friendship City Health Worksession Commission CITY ADMINSTRATIVE 7:00p Community (rescheduled to Jan. 17) OFFICES CLOSED-- Services Commission MARTIN LUTHER KING 7:OOp Friendship City JR HOLIDAY Commission 7:00p Regular HRA Meeting(rescheduled from Jan. 16) 23 24 25 27 5:30p Human Services 5:45p S eci |Chy O:OOp Special City SATURDAY, JAN.28 Planning Commission Counoi|/HR/VP|anning Council Meeting(HRA 9:30 a.m.- 10:30 a.m. 7:00p Planning Commission Commissioner Mayor's Hour WLNC Commission Worksession interviews) 7:0Op City Council Regular Meeting 30 31 1 | Feb 2 3 7:00p-8:00p 6:00p Human 7:00p Transportation Commission Neighborhood Crime comm|oo|onNo|unteer Commission @7OUUNiooUntAve Watch Block Captains Lawyers Network- Meeting©Richfield landlord/tenant legal Middle School workshop&advice clinic auditorium, 7461 Oliver for new Americans @ Ave. Richfield Municipal Center, Bartholomew Conference Room Display: Year Month Week Day Block List Condensed Abs Slide Calendars: Search Add Events: Daily Duration Periodic Administer: This Calendar All meetings held at City Hall (6700 Portland Avenue) unless indicated otherwise Calendars Net free online interactive web calendars http://www.my.calendars.net/richfield 1/5/2012 CITY OF RICHFIELD, MINNESOTA Office of City Manager January 5, 2012 Council Memorandum No. 1 The Honorable Mayor and Members of the City Council Subject: Mn/DOT I-494 Project Presentation for Municipal Consent (Worksession Agenda Item No. 1) Council Members: Representatives from Mn/DOT will present an overview of the upcoming I-494 construction project at the January 10 Council Worksession. The goal for the Worksession is to for Council Members to become familiar with the project details and to discuss any questions or concerns with Mn/DOT staff before considering Municipal Consent in early February. Project Overview The following list outlines several major project tasks expected to occur in 2012-2013 (schedule attached): • Full reconstruction of the Xerxes Avenue Bridge. • Construction of a westbound auxiliary lane between I-35W and the WB onramp to I-494 from France Avenue. • Construction of a westbound auxiliary lane between Nicollet Avenue and Portland Avenue. • Construction of a sound wall (if warranted by engineering study and desired by residents) along the north side of I-494 between Penn Avenue and Xerxes Avenue. • Replacement of center median guardrail with concrete median wall. • Mill & overlay resurfacing of I-494 in both directions between 24th Avenue and Highway 100. Key Issues During staff review of the project, there were two main design issues that were discussed in depth because they are not consistent with current policies for the corridor. 1. Xerxes Avenue Bridge Design and the 1991-2001 Environmental Impact Statement (26' Transit Corridor) The current EIS for the corridor was started in the early 1990's and finalized in 2001. A major part of the document was the inclusion of a 26' wide transit corridor in the middle of the future I-494 travel lanes. The reconstructed Penn Avenue and Lyndale Avenue Bridges were built to accommodate this 26' at an increased right-of-way acquisition cost. The design for the new Xerxes Avenue Bridge, although allowing for an eventual 6-lanes of traffic in each direction, does not account for the additional 26'. Additionally, the preliminary layout and upcoming concept development for the I-494/1-35W Interchange do not include the 26'. Omitting the corridor from this and future I-494 projects may be in the best interest of all stakeholders but a process to determine if that is true has not occurred. Until then the inconsistency with the 2001 EIS document remains a major discussion point. 2. Auxiliary Lane/Managed Lane The Metropolitan Council 2030 Transportation Policy Plan calls for all new highway lanes to be "managed lanes." Although the definition fora "managed lane" contains many possibilities for achieving this designation, Mn/DOT does not plan on constructing the auxiliary lane as such. To allow for the lane construction inconsistent with the policy, Mn/DOT is asking stakeholders to acknowledge that in the future, when an additional lane is constructed through the entire I-494 corridor, one of the travel lanes will then be converted to a "managed lane." Municipal Consent Process The timeline for Municipal Consent is as follows: • Staff will draft a resolution based on comments received at the study session. • February 1, 2012 -The Transportation Commission will review the resolution and make a recommendation to the City Council. • February 14, 2012 -The City Council will consider the Transportation Commission recommendation. Please contact Mike Eastling, Public Works Director, at 612-861-9792 with questions. ectf Ily submitte , ~- .~ n .Devi ity Manager Attachment SLD:cak Attachment Email: Department Directors Assistant City Manager 1-494 Project-Anticipated Schedule (exact dates to be determined) Summer/fall 2012: Stage 1 A Anticipated construction: • Construct westbound I-494 auxiliary lane between Nicollet Ave. and Portland Ave. • Construct westbound I-494 auxiliary lane and noise wall between Xerxes Ave. and I-35W • Reconstruct shoulders and make drainage repairs Anticipated traffic impacts: • Closure of the ramp from Portland Ave. to westbound I-494 • Closure of the ramp from westbound I-494 to Nicollet Ave. • Closure of the ramp from northbound I-35W to westbound I-494 • Closure of the ramp from westbound I-494 to southbound I-35W • Closure of the ramp from southbound I-35W to westbound I-494 • Closure of the ramp from westbound I-494 to Penn Ave. • Closure of the ramp from Penn Ave. to westbound I-494 • Short-term, non-rush hour lane closures Stage 1 B Anticipated construction: • Continue construction of westbound I-494 auxiliary lane between Nicollet Ave. and Portland Ave. • Continue construction of westbound I-494 auxiliary lane and noise wall between Xerxes Ave. and I-35W • Continue reconstruction of shoulders and drainage repairs • Remove Xerxes Ave. Bridge spanning I-494 Anticipated traffic impacts: • Reopen ramp from Portland Ave. to westbound I-494 • Reopen ramp from westbound I-494 to Nicollet Ave. • Close Xerxes Ave. Bridge spanning I-494 Stage 1 C Anticipated construction: • Continue construction of westbound I-494 auxiliary lanes • Complete shoulder reconstruction and drainage repairs • Begin construction of new Xerxes Ave. Bridge Anticipated traffic impacts: • Reopen all ramp closures at the I-494/1-35W interchange • Reopen westbound I-494 ramps to and from Penn Ave. • Closure of the ramp from westbound I-494 to France Ave. • Closure of the ramps from northbound and southbound France Ave. to westbound I-494 Spring/summer 2013: Stage 2A Anticipated construction: • Reconstruct I-494 center median drainage, barrier and bridge struts between 24th Ave. and Portland Ave. • Complete construction of new Xerxes Ave. Bridge Anticipated traffic impacts: • Close I-494 inside shoulders in both directions between 24th Ave. and Portland Ave. and shift traffic to the outside (as needed) • Ramp closures TBD Stage 2B Anticipated construction: • Reconstruct I-494 center median drainage, barrier and bridge struts between Portland Ave. and I-35W Anticipated traffic impacts: • Close I-494 inside shoulders in both directions between Portland Ave. and I-35W and shift traffic to the outside (as needed) • Ramp closures TBD Stage 2C Anticipated construction: • Reconstruct I-494 center median drainage, barrier and bridge struts between I-35W and just east of Xerxes Ave. Anticipated traffic impacts: • Close I-494 inside shoulders in both directions between I-35W and just east of Xerxes Ave. and shift traffic to the outside (as needed) • Ramp closures TBD Stage 2D Anticipated construction: • Reconstruct I-494 center median drainage, barrier and bridge struts between just east of Xerxes Ave. and west of France Ave. Anticipated traffic impacts: • Close I-494 inside shoulders in both directions between just east of Xerxes Ave. and west of France Ave. and shift traffic to the outside (as needed) • Ramp closures TBD Stage 3A Anticipated construction: • Resurface both directions of I-494 between 24th Ave. and I-35W Anticipated traffic impacts: • One weekend closure of eastbound I-494 between Hwy 77 and I-35W • One weekend closure of westbound I-494 between Hwy 77 and I-35W • Overnight lane closures in both directions of I-494 between Hwy 77 and 24th Ave. Stage 3B Anticipated construction: • Resurface both directions of I-494 between I-35W and Hwy 100 Anticipated traffic impacts: • One weekend closure of eastbound I-494 between I-35W and Hwy 100 • One weekend closure of westbound I-494 between I-35W and Hwy 100 ~_'. CITY COUNCIL MEETING MINUTES RICHFIELD Richfield, Minnesota Special City Council Meeting December 6, 2011 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:00 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Pat Elliott; and Tom Fitzhenry. Members Present: Sue Sandahl; and Fred Wroge Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; John Stark, Community Development Director; Jim Topitzhofer, Recreation Services Director; Wayne Kewitsch, Fire Chief; William Fillmore, Municipal Liquor Operations Director; Todd Sandell, Public Safety Deputy Director/Chief; and Cheryl Krumholz, Executive Coordinator. M/Fitzhenry, S/Elliott to excuse Council Member Wroge and Council Member Sandahl from the December 13, 2011 Special City Council Meeting. Motion carried 3-0. Item #1 TRUTH IN TAXATION PUBLIC HEARING REGARDING 2012 PROPERTY TAX LEVY AND 2011 REVISED/2012 PROPOSED BUDGET AND PROPOSED 2012 WATER, WASTEWATER AND STORM SEWER UTILITY RATES (STAFF REPORT NO. 238) City Manager Devich gave a PowerPoint presentation as a general overview of the proposed budget and tax levy. City Manager Devich stated that if more Local Government Aid (LGA) is received than anticipated, the funds will be designated reserve in the General Fund. Vern Peterson, 7015 2nd Avenue, spoke in protest to the tax increase. M/Elliott, S/Fitzhenry to close the public hearing. Motion carried 3-0. Special Council Meeting Minutes -2- December 6,2011 ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 7:35 p.m. Date Approved: January 10, 2012 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY COUNCIL MINUTES RICHFIELD Richfield, Minnesota Special City Council Meeting December 13, 2011 Members Present: Debbie Goettel, Mayor; Tom Fitzhenry; Sue Sandahl; and Pat Elliott. Not Present: Fred Wroge The City Council attended Capstone presentations by University of Minnesota students in the Council Chambers. These presentations were on a variety of topics based on the student's research in Richfield during 2011. Date Approved: January 10, 2012 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager INNAI CITY COUNCIL MEETING MINUTES RICHFIELD Richfield, Minnesota Regular Meeting December 13, 2011 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:00 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Pat Elliott; Sue Sandahl; and Tom Fitzhenry. Members Absent: Fred Wroge Staff Present: Steven L. Devich, City Manager; John Stark, Community Development Director; Mike Eastling, Public Works Director; Barry Fritz, Public Safety Director/Chief; Chris Regis, Finance Manager; Jim Topitzhofer, Recreation Services Director; Melissa Poehlman, City Planner; Corrine Heine, City Attorney; and Cheryl Krumholz, Executive Coordinator. M/Sandahl, S/Elliott to excuse Council Member Wroge from the December 13, 2011 Regular City Council Meeting. Motion carried 4-0. OPEN FORUM Joe Hoover, 7627 Harriet Avenue, expressed his concerns related to the high density zoning for the proposed Pillsbury Commons project. He also discussed the proposed zoning for 74th Street and Lyndale Avenue and possible expansion of Lincoln Fields. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Sandahl, S/Elliott to approve the minutes of(1) Special City Council Worksession of November 14, 2011; (2) Regular City Council Meeting of November 14, 2011; and (3) Regular City Council Meeting of November 22, 2011. Motion carried 4-0. Item #1 PRESENTATION OF RICHFIELD FOUNDATION AWARDING OF GRANTS Richfield Foundation Vice Chair, Gordon Hanson, presented the grants. Item #2 COUNCIL DISCUSSION • SCHEDULE SPECIAL CITY COUNCIL MEETING FOR ADVISORY COMMISSION INTERVIEWS • HATS OFF TO HOMETOWN HITS Mayor Goettel announced that on October 25, 2011 the City Council had discussed a public hearing for the Pillsbury Commons proposed TIF plan for tonight's Council meeting. That public hearing will not happen tonight because the developer Ron Clark has requested additional time to further evaluate their proposed plan and financing for the Pillsbury Commons project. Any future public hearings regarding Tax Increment Financing for this project will include two City Council considerations (including one public hearing) and notice will be published in the Richfield Sun Current. Council Member Fitzhenry announced the recent death of long-time resident and former mayor, John Hamilton. Mayor Goettel acknowledged presentations by U of M Environmental Science, Policy and Management students regarding current environmental issues and recommendations to promote a greener future in Richfield. Item #3 COUNCIL APPROVAL OF AGENDA Mayor Goettel amended the agenda removing Item 9B — canceling the public hearing regarding the 2012 on-sale intoxicating and Sunday liquor license renewal for Richfield Hotel Association, d/b/a Four Points by Sheraton, 7745 Lyndale Avenue. M/Elliott, S/Fitzhenry to approve the agenda as amended. Motion carried 4-0. Item #4 CONSENT CALENDAR A. Consideration of approval of canceling December 13, 2011 public hearing regarding final plat approval for 6700-6758 Portland Avenue (site of City Hall and Heredia Park) S.R. No. 239 B. Consideration of approval of resolutions accepting $700 grant from Target Corporation for Police Explorers and $150 grant from Lisalan Thai, Counselor Reality, Inc. for"Shop with a Cop" S.R. No. 240 RESOLUTION NO. 10576 RESOLUTION ACCEPTING $700 GRANT FROM THE TARGET CORPORATION DESIGNATED FOR THE RICHFIELD POLICE EXPLORERS This resolution appears as Resolution No. 10576. RESOLUTION NO. 10577 RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY/POLICE TO ACCEPT THE DONATION OF $150 FROM MS. LISALAN THAI TO BE USED FOR THE POLICE "SHOP WITH A COP" PROGRAM This resolution appears as Resolution No. 10577. C. Consideration of approval of change order to TMI Coatings, Inc. for Logan Avenue Tower Reconditioning Project in amount of$3,000 S.R. No. 241 D. Consideration of approval of continuing agreement with City of Bloomington for food inspection services, beverage inspection, lodging, public swimming pools and plan check for food services for Richfield in 2012 S.R. No. 242 E. Consideration of approval of first reading of ordinance amending Subsection 514.05, Subdivisions 3 and 4 and Subsection 518.05, Subdivisions 3 and 4 related to accessory structures on residential lots of 15,000 square feet or more S.R. No. 243 F. Consideration of approval of first reading of ordinance amendment to Richfield City Code Appendix D establishing fee schedule for"Sketch Plan Review" and scheduling second reading for January 10, 2012 S.R. No. 244 G. Consideration of approval of update of City's Financial Policies including separate Fund Balance, Debt Management and Investment Policies S.R. No. 245 H. Consideration of approval of resolution appointing Pat Brekken to Richfield Tourism Promotion Board for three-year term ending December 31, 2014 S.R. No. 246 RESOLUTION NO. 10578 RESOLUTION APPOINTING REPRESENTATIVE TO THE BOARD OF DIRECTORS OF THE RICHFIELD TOURISM PROMOTION BOARD, INC. This resolution appears as Resolution No. 10578. I. Consideration of approval of renewal of business licenses for 3.2 percent malt liquor sales and license renewals to operate businesses in Richfield for 2012: S.R. No. 247 License to Sell 3.2 Percent Malt License to Operate in Richfield Liquor A New Star Limousine &Taxi Service—8 Aldi Foods —Off-Sale vehicles El Jalapeno— Off-Sale Airport Taxi — 11 vehicles Portland Food Mart—Off-Sale Black &White Taxi—5 vehicles RBF Corporation of Wisconsin Gold Star Taxi —27 vehicles (Rainbow Foods) —Off-Sale Latino Americano —8 vehicles Richfield U.S. (Mobile Mart) - Off- Latino Express— 10 vehicles Sale Suburban Taxi Corporation — 5 vehicles Sandy's Tavern — On-Sale Twin Cities Airport Taxi - 5 vehicles SuperAmerica#4186 —Off-Sale White Star Taxi — 3 vehicles SuperAmerica#4188 —Off-Sale SuperAmerica#4191 —Off-Sale Paul's Rentals & Sales —Trailers and Trucks SuperAmerica#4615 —Off-Sale Rental Target Corporation — Off-Sale Vina Restaurant— On-Sale M/Goettel, S/Sandahl to approve the Consent Calendar. Motion carried 4-0. Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. Item #6 PUBLIC HEARINGS REGARDING 2012 PAWNBROKER AND SECONDHAND GOODS DEALER LICENSE RENEWALS: A. METRO PAWN & GUN, INC., 7529 LYNDALE AVENUE S.R. 248 B. UNIVERSITY CASH COMPANY, LLC D/B/A AVI'S PAWN AND JEWELRY, 6414 NICOLLET AVENUE S.R. 249 Council Member Sandahl presented Staff Reports No. 248 and 249. M/Sandahl, S/Elliott to close public hearinq. Motion carried 4-0. M/Sandahl, S/Goettel to approve the renewal of the 2012 Pawnbroker and Secondhand Goods Dealer licenses for Metro Pawn &Gun, Inc., 7529 Lyndale Avenue, and University Cash Company, LLC d/b/a Avi's Pawn and Jewelry, 6414 Nicollet Avenue. Motion carried 4-0. Item #7 PUBLIC HEARINGS REGARDING 2012 CLUB ON-SALE AND SUNDAY LIQUOR LICENSE RENEWALS: A. FRED BABCOCK V.F.W. POST NO. 5555, INC. D/B/A FOUR NICKELS FOOD & DRINK; 6715 LAKE SHORE DRIVE S.R. NO. 250 B. MINNEAPOLIS-RICHFIELD AMERICAN LEGION POST 435, Council Meeting Minutes -5- December 13,2011 6501 PORTLAND AVENUE S.R. NO. 251 Council Member Elliott presented Staff Reports No. 250 and 251. M/Fitzhenry, S/Goettel to close public hearing. Motion carried 4-0. M/Elliott, S/Sandahl to approve the renewal of 2012 Club On-Sale and Sunday Liquor Licenses for Fred Babcock V.F.W. Post No. 5555, Inc., d/b/a Four Nickels Food & Drink, 6715 Lake Shore Drive, to approve the renewal of 2012 Club On-Sale and Sunday Liquor Licenses for Minneapolis-Richfield American Legion Post 435, 6501 Portland Avenue. Motion carried 4-0. Item #8 PUBLIC HEARINGS REGARDING 2012 ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR LICENSE RENEWALS: A. CHIPOTLE MEXICAN GRILL OF COLORADO, LLC, 7644 LYNDALE AVENUE S.R. NO 252 B. THOMPSON'S FIRESIDE PIZZA, INC., D/B/A FIRESIDE PIZZA, 6736 PENN AVENUE S.R. NO. 253 C. KIANG'S RED PEPPER, INC., D/B/A RED PEPPER CHINESE RESTAURANT, 2902 WEST 66TH STREET S.R. NO. 254 D. PATRICK'S FRENCH BAKERY, INC. D/B/A PATRICK'S BAKERY& CAFE, 2928 WEST 66TH STREET S.R. NO. 255 E. THE NOODLE SHOP-COLORADO, INC., D/B/A NOODLES AND COMPANY, 7630 LYNDALE AVENUE S.R. NO. 256 F. JOHN E. POWERS &ASSOCIATES, INC. D/B/A LARIAT LANES, 6320 PENN AVENUE S.R. NO. 257 G. JOY'S PATTAYA THAI RESTAURANT, LLC, 7545 LYNDALE AVENUE S.R. NO. 258 Council Member Fitzhenry presented Staff Reports No. 252 through 258. M/Goettel, S/Elliott to close public hearing. Motion carried 4-0. M/Fitzhenry, S/Sandahl to approve the renewal of 2011 On-Sale Wine and 3.2 Percent Malt Liquor Licenses for Chipotle Mexican Grill of Colorado, LLC, 7644 Lyndale Avenue; Thompson's Fireside Pizza, Inc., d/b/a Fireside Pizza, 6736 Penn Avenue; Kianq's Red Pepper, Inc., d/b/a Red Pepper Chinese Restaurant, 2902 West 66th Street; Patrick's French Bakery, Inc. d/b/a Patrick's Bakery & Café, 2928 West 66th Street; The Noodle Shop-Colorado, Inc., d/b/a Noodles and Company, 7630 Lyndale Avenue; John E. Powers &Associates, Inc. d/b/a Lariat Lanes, 6320 Penn Avenue; Joy's Pattaya Thai Restaurant, LLC, 7545 Lyndale Avenue. Motion carried 4-0. Item #9 PUBLIC HEARINGS REGARDING 2012 ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSE RENEWALS: A. THE FRENCHMAN'S, 1400 EAST 66TH STREET (INCLUDES OPTIONAL 2 A.M. CLOSING) S.R. NO. 259 B. ITEM REMOVED FROM AGENDA Council Meeting Minutes -6- December 13,2011 C. PAISAN, INC., D/B/A KHAN'S MONGOLIAN BARBEQUE, 500 EAST 78TH STREET S.R. NO. 261 D. WILTSHIRE RESTAURANTS, LLC, D/B/A HOULIHAN'S RESTAURANT & BAR, 6601 LYNDALE AVENUE (INCLUDES OUTSIDE SERVICE) S.R. NO. 262 E. DON PABLO'S OPERATING, LLC D/B/A DON PABLOS, 980 WEST 78TH STREET S.R. NO. 263 F. CHAMPPS OPERATING CORPORATION D/B/A CHAMPP'S RESTAURANT 790 WEST 66TH STREET S.R. NO. 264 G. EL TEJABAN MEXICAN GRILL, LLC D/B/A EL TEJABAN MEX. GRILL, 2 WEST 66TH STREET (INCLUDES OPTIONAL 2 A.M. CLOSING) S.R. NO. 26 Mayor Goettel presented Staff Reports No. 259, 261 through 265. M/Goettel, S/Sandahl to close public hearing. Motion carried 4-0. M/Goettel, S/Sandahl to approve renewal of the 2012 On-Sale Intoxicating and Sunday Liquor Licenses for The Frenchman's, 1400 East 66th Street (includes optional 2 a.m. closing); Paisan Inc., d/b/a Khan's Mongolian Barbeque, 500 East 78th Street; Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar, 6601 Lyndale Avenue (includes outside service); Don Pablo's Operating Corporation, LLC d/b/a Don Pablos, 980 West 78th Street; Champps Operating Corporation d/b/a Champp's Restaurant, 790 West 66th Street; El Teiaban Mexican Grill LLC d/b/a El Telaban Mex. Grill, 2 West 66th Street (includes optional 2 a.m. closing). Motion carried 4-0. Item #10 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDING APPENDIX D OF RICHFIELD CITY CODE, ESTABLISHING FEE SCHEDULE FOR CERTAIN PERMITS AND APPLICATIONS (STAFF REPORT NO. 266) Council Member Sandahl presented Staff Report No. 266. M/Sandahl, S/Elliott that this constitute second reading of Bill No. 2011-24 amending Appendix D of Richfield City Code, establishing fee schedule for certain permits and applications and resolution authorizing summary publication of ordinance: RESOLUTION NO. 10579 RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. 2011-24 Motion carried 4-0. This resolution appears as Resolution No. 10579. Item #11 CONSIDERATION OF • SECOND READING OF AMENDING ORDINANCES RELATED TO MINNEHAHA CREEK WATERSHED DISTRICT EROSION CONTROL RULE AND WETLAND PROTECTION RULE; • RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE AMENDMENT SECTION 428; AND • RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE RELATING TO WETLAND PROTECTION (STAFF REPORT NO. 267) Council Member Elliott presented Staff Report No. 267. Council Meeting Minutes -7- December 13,2011 M/Elliott, S/Goettel that this constitute second reading of Bill No. 2011-25 related to Minnehaha Creek Watershed District Erosion Control Rule and Wetland Protection Rule and resolutions authorizing summary publication of ordinance: RESOLUTION NO. 10580 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDMENT TO SECTION 428 OF THE RICHFIELD CITY CODE WHICH PERTAINS TO EROSION AND SEDIMENTATION CONTROL Motion carried 4-0. This resolution appears as Resolution No. 10580. M/Elliott, S/Goettel that this constitute second reading of Bill No. 2011-26 related to Minnehaha Creek Watershed District Erosion Control Rule and Wetland Protection Rule and resolution authorizing summary publication of ordinance: RESOLUTION NO. 10581 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDMENT TO SECTIONS 427 AND 429 OF THE RICHFIELD CITY CODE WHICH PERTAINS TO WETLAND PROTECTION Motion carried 4-0. This resolution appears as Resolution No. 10581. Item #12 CONSIDERATION OF • SECOND READING OF ORDINANCE REZONING 609 74TH STREET WEST FROM MULTI-FAMILY RESIDENTIAL TO SERVICE OFFICE AND REZONING ALL BUT WEST 140 FEET OF 7421 LYNDALE AVENUE FROM NEIGHBORHOOD BUSINESS TO MULTI-FAMILY RESIDENTIAL; AND • RESOLUTION GRANTING MINOR SITE PLAN AMENDMENT AT 609 74TH STREET WEST TO ALLOW OPERATION OF COMMERCIAL SERVICE BUSINESS (STAFF REPORT NO. 268) Council Member Fitzhenry presented Staff Report No. 268. Community Development Director Stark stated Mr. Price and his representative, owner of 7421 Lyndale Avenue, have expressed interest in discussions to having the property adjacent be a possible expansion of Lincoln Park. M/Fitzhenry, S/Goettel that this constitute second reading of Bill No. 2011-27 rezoning 609th 74th Street West from Multi-Family Residential to Service Office and rezoning all but west 140 feet of 7421 Lyndale Avenue from Neighborhood Business to Multi-Family Residential. Motion carried 4-0. M/Fitzhenry, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10582 RESOLUTION GRANTING APPROVAL OF A SITE PLAN AMENDMENT FOR 609 74TH STREET WEST Council Meeting Minutes -8- December 13,2011 Motion carried 4-0. This resolution appears as Resolution No. 10582. Item #13 CONSIDERATION OF RESOLUTION AMENDING PLANNED UNIT DEVELOPMENT, FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR 33 WEST 65TH STREET (HUB SHOPPING CENTER) TO ALLOW COMMERCIAL DAYCARE SERVING UP TO 65 CHILDREN (STAFF REPORT NO. 269) Council Member Elliott presented Staff Report No. 269. M/Elliott, S/Sandahl that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10583 RESOLUTION APPROVING AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT, FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT TO ALLOW A COMMERCIAL DAYCARE FACILITY SERVING UP TO 65 PERSONS WITHIN THE "HUB" SHOPPING CENTER AT 33 WEST 65TH STREET Motion carried 4-0. This resolution appears as Resolution No. 10583. Item #14 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDING SUBSECTION 537.13, SUBDIVISION 2 RELATED TO CONSIDERATION OF EXPANSION OF DIMENSIONAL OR BULK NONCONFORMITIES IN MIXED USE DISTRICTS (STAFF REPORT NO. 270) Council Member Fitzhenry presented Staff Report No. 270. City Planner Poehlman provided a summary of the proposed amendment. M/Fitzhenry, S/Sandahl that this constitute second reading of Bill No. 2011-28 amending Subsection 537.13, Subdivision 2 related to consideration of expansion of dimensional or bulk nonconformities in mixed use districts. Motion carried 4-0. Item #15 CONSIDERATION OF RESOLUTION REGARDING CONDITIONAL USE PERMIT TO ALLOW EXPANSION OF NONCONFORMING BUILDING AT 7701 AND 7717 NICOLLET AVENUE (MENARDS) (STAFF REPORT NO. 271) Mayor Goettel presented Staff Report No. 271. City Planner Poehlman reviewed the findings to issue the conditional use permit. M/Goettel, S/Fitzhenry that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10584 RESOLUTION APPROVING A CONDITIONAL USE PERMIT Council Meeting Minutes -9- December 13,2011 TO ALLOW EXPANSION OF A NONCONFORMING BUILDING AT 7701 AND 7717 NICOLLET AVENUE Motion carried 4-0. This resolution appears as Resolution No. 10584. Item #16 PUBLIC HEARING REGARDING RESOLUTION GRANING FINAL APPROVAL OF PLAT FOR 7701 AND 7717 NICOLLET AVENUE (STAFF REPORT NO. 272) Mayor Goettel presented Staff Report No. 272. Jim Erickson, representing Dolphin Holdings (franchisee) and Raleigh Nelson (landowner) of Burger King, 140 East 78th Street, requested the plat not be approved because there may be a better project available that includes Burger King. Greg Dolphin, Dolphin Holdings, presented a proposed amended site plan that included Burger King and 21st Century Bank on the northwest corner on 77th Street and Nicollet Avenue and provides a mixed use development. He added their negotiations are at a stalemate with Menards. Gregg Nelson, on behalf of Raleigh Nelson, Burger King property owner, stated Mr. Nelson had received no notice or advisement from Menards on the project which is isolating Burger King. He said there was no way to keep Burger King open if the current Menards plan moved forward. Mr. Nelson continued that this project is the first use of the revised ordinance previously approved and requested the City proceed correctly. Theron Berg, Menards, requested the plat be approved. He added that the proposed Burger King plan does not work for Menards. Mayor Goettel stated that isolating Burger King may create a larger problem, including a lawsuit and requested Menards return to discussions with Burger King to resolve the issues. Mr. Berg responded that the Burger King plan removes parking stalls and the garden center for Menards. He discussed the financial and land negotiations between Menards and Burger King but there was no solution reached. Doug Olson, 6608 Clinton Avenue, expressed concerns regarding adequate parking and the proposed high walls of Menards to "box in" Burger King. Mr. Erickson requested a delay of two weeks in the plat approval to allow time for discussion. Council Member Sandahl asked about the impact on the project if there is delay of delay of two weeks. Mr. Berg stated if the plat is not approved tonight, the project will not be back in the Menards queue for at least a year. Council Member Elliott asked whether Mr. Nelson and Dolphin Holdings would drop their litigation claims if the City provided additional time for negotiations. Mr. Dolphin said Dolphin Holdings is not in a position to waive their rights to litigation. M/Goettel, S/Fitzhenry to close the public hearing. Council Meeting Minutes -10- December 13,2011 Motion carried 4-0. City Attorney Heine explained that the Burger King statements should have been raised when the ordinance and conditional use permit were being considered and that the comments were not germane to the plat approval. She explained that if the City Council wanted to consider the statements made by the Burger King representatives, the Council should defer action on the plat and adopt motions to reconsider the ordinance and conditional use permit. City Attorney Heine explained that if the plat meets all the required subdivision requirements, it is required to be approved. When asked to comment on Wilbur Dorn's letter challenging the ordinance, City Attorney Heine explained that state law allows the City to approve the expansion of nonconformities and that the City is not acting outside of the statute. The Burger King property is in a challenging location, but it has always been in that location, and the City cannot force two property owners to negotiate. Menards has a right to develop its land in accordance with City ordinances. City Manager Devich stated the City Council officially canceled the December 27, 2011 Regular City Council meeting but could schedule a Special meeting to consider these items. Council Member Elliott stated he believed Menards to be accommodating and the City has now been placed in the middle of private business negotiations. He said he would not reconsider the previous City Council actions and supported the approval of the plat. Council Member Sandahl stated she thought the Burger King plan may be better but that they were late entering the process. Council Member Fitzhenry agreed and added there were opportunities for Burger King to discuss the issues and attend meetings. Mayor Goettel said she liked the Burger King plan better but that the City's hands were tied but hoped the businesses could work together. M/Goettel, S/Elliott that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10585 RESOLUTION GRANTING FINAL APPROVAL OF A PLAT FOR 7701 AND 7717 NICOLLET AVENUE Motion carried 4-0. This resolution appears as Resolution No. 10585. Item #17 CONSIDERATION OF RESOLUTION REGARDING APPOINTMENTS TO RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY BOARD OF COMMISSIONERS, ESTABLISHING COMPOSITION OF BOARD AND TERM LIMITS ON NON-ELECTED MEMBERS (STAFF REPORT NO. 273) Mayor Goettel presented Staff Report No. 273. City Manager Devich explained the State Statute related to being appointed to the Charter Commission by the court which is not limited by a municipal appointment or elected position. Council Meeting Minutes -11- December 13,2011 City Manager Devich stated that, historically, the City Council policy has been to have a person serve on only one advisory commission. City Manager Devich added that the HRA Commissioner is a Mayoral appointment with City Council ratification. M/Goettel, S/Sandahl that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10586 RESOLUTION REGARDING APPOINTMENTS TO THE HOUSING AND REDEVELOPMENT AUTHORITY BOARD OF COMMISSIONERS; ESTABLISHING COMPOSITION OF THE BOARD AND TERM LIMITS ON NON-ELECTED MEMBERS Motion carried 4-0. This resolution appears as Resolution No. 10586. Item #18 CONSIDERATION OF RESOLUTIONS APPROVING 2011 REVISED/2012 PROPOSED BUDGET AND TAX LEVY AND RELATED RESOLUTIONS (STAFF REPORT NO. 274) Council Member Sandahl presented Staff Report No. 274. M/Sandahl, S/Fitzhenry that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10587 RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY FOR THE YEAR 2012 Motion carried 4-0. This resolution appears as Resolution No. 10587. M/Sandahl, S/Fitzhenry that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10588 RESOLUTION AUTHORIZING BUDGET REVISIONS Motion carried 4-0. This resolution appears as Resolution No. 10588. M/Sandahl, S/Fitzhenry that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10589 RESOLUTION AUTHORIZING REVISION OF 2011 BUDGET OF VARIOUS DEPARTMENTS Motion carried 4-0. This resolution appears as Resolution No. 10589. M/Sandahl, S/Fitzhenry that the following resolution be adopted and that it be made part of these minutes: Council Meeting Minutes -12- December 13,2011 RESOLUTION NO. 10590 RESOLUTION AUTHORIZING ADJUSTMENT TO CITY'S MILEAGE REIMBURSEMENT RATE TO CONFORM TO INTERNAL REVENUE SERVICE STATUTORY MILEAGE REIMBURSEMENT RATE Motion carried 4-0. This resolution appears as Resolution No. 10590. M/Sandahl, S/Fitzhenry that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10591 RESOLUTION ADOPTING THE 2012 CAPITAL IMPROVEMENT BUDGET Motion carried 4-0. This resolution appears as Resolution No. 10591. M/Sandahl, S/Fitzhenry that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10592 RESOLUTION ADOPTING THE 2013-2016 CAPITAL IMPROVEMENT PROGRAM Motion carried 4-0. This resolution appears as Resolution No. 10592. M/Sandahl, S/Fitzhenry that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10593 RESOLUTION RELATING TO PURCHASING PRACTICES IN THE CITY OF RICHFIELD AMENDING RESOLUTION NO. 10461 Motion carried 4-0. This resolution appears as Resolution No. 10593. M/Sandahl, S/Fitzhenry that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10594 RESOLUTION ESTABLISHING WASTEWATER SERVICE RATES AND CHARGES, WATER RATES AND CHARGES, SPECIAL WATER SERVICE CHARGES, STORM SEWER RATES AND CHARGES, AND 6.5% PENALTY ON PAST DUE ACCOUNTS Motion carried 4-0. This resolution appears as Resolution No. 10594. M/Sandahl, S/Fitzhenry that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10595 RESOLUTION ESTABLISHING A PUBLIC WORKS ON-CALL COMPENSATION POLICY Council Meeting Minutes -13- December 13,2011 Motion carried 4-0. This resolution appears as Resolution No. 10595. Item #19 CITY MANAGER'S REPORT Mayor Goettel requested the City Council get back to staff regarding availability in January for advisory commission interviews. City Manager Devich stated he will provide dates for February to the City Council to conduct the annual goalsetting session. Mayor Goettel announced that the December 31, 2011 Mayor's Hour is cancelled. Item #20 CLAIMS AND PAYROLLS M/Fitzhenry, S/Sandahl that the following claims and payrolls be approved: U.S. Bank 12/13/2011 A/P Checks: 208740-209157 $ 1,694,962.95 Payroll: 79877-80495 41866-41868 $ 1,028,058.61 TOTAL $ 2,723,021.56 Motion carried 4-0. OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 9:40 p.m. Date Approved: January 10, 2011 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY OF RICHFIELD, MINNESOTA Office of City Manager January 5, 2012 Council Memorandum No. 2 The Honorable Mayor and Members of the City Council Subject: Presentation of the Certificate of Achievement for Financial Reporting (Agenda Item No. 1 ) Council Members: The City was recently notified that it's Comprehensive Annual Financial Report (CAFR) for the fiscal year ended December 31, 2010 qualifies for a Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association (GFOA). The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting and its attainment represents a significant accomplishment by the government and its management. When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement is also given to the individual designated as primarily responsible for having earned the certificate. This is the 27th consecutive year that Richfield has earned the award and 31st award overall. The GFOA, which is responsible for presenting the certification, is a nonprofit, professional association serving 15,000 government finance professionals. The association provides a variety of technical publications in various fields of government finance and represents the public community of Washington, D.C. Richfield's CAFR was judged by an impartial panel to meet the constructive spirit of full disclosure effort to clearly communicate its financial story and motivate potential persons and users to read the financial report. Presentation of the Certificate of Achievement for Financial Reporting Award to Finance Manger Chris Regis is scheduled for the January 10, 2012 City Council meeting. ec Ily sub ~ ted, St L. D vic ity Manager SLD:cak E-mail: Department Directors Finance Manager Assistant City Manager AGENDA SECTION: CONSENT AGENDA ITEM# 4A REPORT# 1 STAFF REPORT RICHFIELD CITY COUNCIL MEETING JANUARY 10, 2012 REPORT PREPARED BY: C 'UMHOLZ,EXEC. COORDINATOR -al dr REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a designation of an Acting City Manager for 2012. I. RECOMMENDED ACTION: By Motion: Direct the City Manager to designate the Assistant City Manager or an available Department Director as Acting City Manager for 2012 in the event the City Manager is absent from the City. II. BACKGROUND It is necessary to designate a person to serve as the Acting City Manager for those times when the City Manager is absent from the City. In 2011, the City Manager designated the Assistant City Manager or an available Department Director as Acting City Manager. III. BASIS OF RECOMMENDATION A. POLICY • Past practice has been for the City Council to designate an Acting City Manager for times when the City Manager is absent from the City. • In 2011, the City Manager designated the Assistant City Manager or an available Department Director as Acting City Manager. 0110actingcitymanager B. CRITICAL TIMING ISSUES • It is necessary to designate a person to serve as the Acting City Manager to ensure continuation of City operations during an absence of the Manager. IV. ALTERNATIVE RECOMMENDATION(S) • Defer this designation to another Council meeting V. PRINCIPAL PARTIES EXPECTED AT MEETING • None. AGENDA SECTION: CONSENT AGENDA ITEM# 4B REPORT# 2 STAFF REPORT RICHFIELD CITY COUNCIL MEETING JANUARY 10, 2012 REPORT PREPARED BY: CHEi, . RUMHOLZ, EXEC. COORDINATOR E TITL f% REVIEWED BY CITY FAA MANAGER: j/A&44.� ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution regarding Council Member attendance at Council meetings. I. RECOMMENDED ACTION: By Motion: Approve the resolution regarding attendance by Council Members at Council meetings for 2012. II. BACKGROUND Subsection 205.15 of the Richfield City Code establishes an attendance policy for Council Members. The policy requires attendance to be taken at every regular and special meeting of the City Council and provides for the imposition of a monetary penalty for unexcused absence from a Council meeting. The policy may be annually invoked by resolution of the City Council. III. BASIS OF RECOMMENDATION A. POLICY • The Richfield City Code establishes attendance rules, which may be invoked for any calendar year by Council resolution. IV. ALTERNATIVE RECOMMENDATION(S) • Defer action on this item to another Council meeting. FV. ATTACHMENTS • Resolution. • City Code Subsection 205.15 VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. 0110attendance RESOLUTION NO. RESOLUTION REGARDING ATTENDANCE BY COUNCIL MEMBERS AT COUNCIL MEETINGS WHEREAS, the attendance of Council Members at meetings is one of the most important duties imposed by law on members; and WHEREAS, member presence to participate in hearings, deliberations and decisions of the Council is essential to the proper discharge of the member's official duties; and WHEREAS, recognizing that it is not always possible for a member to be present at all meetings and that by reason of business demands, state of health, personal problems, vacations and other matters, occasional absences are excusable; and WHEREAS, Subsection 205.15 of the Richfield City Code establishes rules for attendance at City Council meetings that may be invoked by resolution of the Council. NOW, THEREFORE, BE IT RESOLVED, by the City of Richfield, Minnesota that the following rules apply to absences of Council Members from meetings during calendar year 2005: 1. This resolution applies to all regular meetings of the Council, as defined in Subsection 205.01 of the Richfield City Code. This resolution also applies to duly called special business meetings of the Council. The resolution does not apply to special informational or special ceremonial meetings. Special Council meetings are those called pursuant to Subsection 205.03 of the Richfield City Code. For purposes of this resolution, special meetings are further categorized as: a) Special business meetings. Special business meetings include: Special meetings called to conduct official business of the City where the Council considers action requiring a vote of the City Council; special work study meetings; and special meetings called for the purpose of conducting a public hearing. b) Special informational meetings. Special informational meetings are those called for the City Council to receive information or to participate in discussion but where no official action of the City Council is taken, except that the term does not include special work study meetings or meetings called for the purpose of conducting a public hearing. c) Special ceremonial meetings. Special ceremonial meetings are those called for ceremonial activities but where no official action of the City Council is taken, including ribbon cuttings, community celebrations and similar activities. 2. Any member of the Council desiring to be excused shall insofar as possible, give advance notice to the City Manager stating i) the meeting at which the member will be absent; ii) the member's reason for being absent; and iii) the member's location during the meeting. 3. At the beginning of each regular or special business meeting, the Clerk shall call the roll. If a member is absent, the City Manager shall report any communication from the absent Council Member regarding the reason for absence. The Mayor shall request the Council Members to determine whether the absence is excusable or inexcusable. 4. For each unexcused absence from a regular or special business meeting, the absent member shall be penalized by a fine of$25 and the Mayor, if absent, shall be penalized by a fine of$50. The fine shall be automatically deducted from the next Council Member payment unless otherwise directed by a majority of the City Council Members present. 5. This resolution remains in effect until December 31, 2012 unless revoked prior to that date by resolution of the City Council. This resolution supersedes Resolution No. 10465. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of January, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk yB -3 Richfield City Code 205.15 (Rev. 2000) 205.15. Attendance at council meetings. Attendance of council members at meetings is one of the most important duties imposed by law on members. Member presence to participate in the hearings, delib- erations and decisions of the council is essential to the proper discharge of the member's official duties. Recognizing that it is not always possible for a member to be present at all meetings, and that by reason of business demands, state of health,personal problems,vacations and other matters occasional absences are excusable, the following rules apply to absences of council members from meetings when invoked by resolution of the council: (a) such rules shall remain in effect until the end of the calendar year during which the resolution is passed unless revoked prior to that time by resolution of the council; (b) unless excused by a majority of the city council, a member of the council may not be absent from any regular meeting or from such special meetings as the council may specify in the resolution; (c) for each unexcused absence from a regular or special meeting of the council each council member may be penalized by a fine of not to exceed $75, and the mayor may be penalized by a fine of an amount not to exceed $100, but the resolution may specify a lesser penalty for absence from a special meeting than a regular meeting; (d) any member of the council desiring to be excused shall insofar as possible give advance notice to the manager, stating (i) the meeting at which the member will be absent, (ii) the member's reason for being absent and, (iii)the member's location during the meeting. (Amended, Bill No. 2000-3) AGENDA SECTION: CONSENT AGENDA ITEM# 4C REPORT# 3 STAFF REPORT RICHFIELD CITY COUNCIL MEETING JANUARY 10, 2012 REPORT PREPARED BY: NANCY GIBBS, CITY CLERK NAME,TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY 1 r MANAGER: / �`�41 I ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution designating an official newspaper for 2012. I. RECOMMENDED ACTION: By Motion: Approve the resolution designating the Richfield Sun- Current as the official newspaper for the City of Richfield for 2012. II. BACKGROUND The Richfield Sun-Current, published by Minnesota Sun Publications, has been the City's official newspaper for many years. Attached is a copy of a letter from Minnesota Sun Publications requesting that they be designated as the official newspaper for the City of Richfield for 2012. The 2012 advertising rate structure for legal notices is as follows: Sun Current 1 Column width (1.6 inches wide) $11.99 per inch for first insertion $ 5.99 per column inch for subsequent insertions There are 11 lines per inch. The 2012 rate has increased from the 2011 rate of $11.44 per inch for first insertion and $5.72 per column inch for subsequent insertions. 0110newspaper For 2012, the Minneapolis Star Tribune Newspaper could be considered as the official newspaper. The rate is $5.50 per line with 11 lines per inch, approximately 38 characters including spaces and punctuation. Their 2011 rate has increased from the 2010 rate of$5.40 per line. Star Tribune 1 Column width (1.77 inches wide) $ 5.50 per line Based on the 2012 rates for 11 lines per inch, the total would be approximately $60.50 per inch in the Star Tribune compared to $11.99 for the first inch ($5.99 per subsequent inch) in the Sun-Current. III. BASIS OF RECOMMENDATION A. POLICY • The Charter of the City of Richfield requires in Section 13.01 thereof that the City Council annually designate an official newspaper for the City. • The Sun-Current has expressed an interest in continuing to serve as the official newspaper of the City. • The Sun-Current has served well as the official paper for many years. • The Sun-Current is delivered to nearly all residences in the City. B. CRITICAL TIMING ISSUES • The designation must be made at the first meeting of the new year. C. FINANCIAL • The cost of the official publication is reasonable. D. LEGAL • A newspaper must be designated each year by the City for publication of all official and legal City business. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S) • Not make a designation and request the City Clerk's office to check into using another publication. V. ATTACHMENTS • Resolution • Letter from Minnesota Sun Publications • Email from Star Tribune VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None LAC "1 RESOLUTION NO. RESOLUTION DESIGNATING AN OFFICIAL NEWSPAPER FOR 2012 WHEREAS, the Charter of the City of Richfield requires in Section 13.01 thereof that the City Council annually designate an official newspaper for the City. NOW, THEREFORE, BE IT RESOLVED that the Richfield Sun-Current is designated the official legal newspaper for the City of Richfield for 2012 for all publications required to be published therein. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of January, 2011. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk el gu newspapers December 2011 City of Richfield City Council 6700 Portland Avenue Richfield, MN 55423-2599 Dear City Council Members: The Richfield Sun-Current would like to be considered for designation as the legal newspaper for the City of Richfield for the upcoming year. All published legal notices are posted on our website (www.minnlocal.com) at no additional charge. This is an enhancement to the local news coverage already available on the Internet and will broaden the readership of your legal notices. One of the main benefits of publishing your legal notices with the Sun-Current is our home delivery. Sun Newspapers has become the primary source of community news in the suburbs.Your notices in our paper have the best chance of being seen and read. The rate structure for legals effective the first of the year will be: 1 column width: $11.99 per inch for first insertion $5.99 per column inch for subsequent insertions There are 11 lines per inch Two notarized affidavits on each of your publications will be provided with no additional charge. The Sun-Current is published every Thursday. The deadline for regular length notices is 2:00 p.m. the Thursday prior to publication. E-mailing the legal notices is an efficient and accurate way of get- ting the notices to us. The e-mail address for the legals department is sunlegals @acnpapers.com. If you rewire more information to make your decision, please contact me nr Lisa smith our I..eaals Representative, at 952-392-6829. Thank you for considering the Sun-Current as the official newspaper for the City of Richfield for the upcoming year. We appreciate the opportunity to serve the needs of your community. Sincerely, Jeff Coolman Vice President and Group Publisher 10917 VALLEY VIEW ROAD 0 EDEN PRAIRIE MINNESOTA 55344 0 952-829-0797 0 FAx: 952-941-3588 Page 1 of 1 yG.3 Katie Porath From: Place Ads [placeads @startribune.com] Sent: Friday, December 02, 2011 11:03 AM To: Katie Porath Subject: RE: Legal Notice quote Hi Katie, Sorry for the delayed reply. At the moment legal notices in the Star Tribune cost$5.40/line per day. Each line can contain an average of around 38 characters (including spaces & punctuation). That rate will be going up to $5.50 as of January 1st, 2012. Please direct all legal notice inquiries to us at placeads @startribune.com or call 612-673-7000. Thanks much Star Tribune Classified Call Center 612-673-7000 placeads @startribune.com From: Katie Porath [mailto:KPorath @cityofrichfield.org] Sent: Wednesday, November 30, 2011 9:38 AM To: Customer Service Subject: Legal Notice quote The City of Richfield is looking for quotes on the cost of publishing legal notices,ordinances,etc. in the paper for consideration at a Council meeting in the beginning of 2012. Please send a written quote for inclusion in this Council item.Thank you. Katie Porath Deputy City Clerk/Documents Secretary 6700 Portland Ave Richfield,MN 55423 612-861-9703 www.cityofrichfield.org 12/12/2011 AGENDA SECTION: CONSENT AGENDA ITEM# 4D REPORT# 4 STAFF REPORT RICHFIELD CITY COUNCIL MEETING JANUARY 10, 2012 REPORT PREPARED BY: CHRIS REGIS,FINANCE MANAGER NwE,TITLE DEPARTMENT DIRECTOR REVIEW: a 01 .� REVIEWED BY CITY siGNATfuRE MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of resolutions designating official depositories for the City of Richfield for 2012, including the approval of collateral. I. RECOMMENDED ACTION: By Motion: Adopt the resolutions designating official depositories, with the understanding that the City could not invest in any of the depositories beyond the level of insurance coverage or the pledged collateral. II. BACKGROUND N/A III. BASIS OF RECOMMENDATION N/A A. POLICY • In accordance with Minnesota Statutes Section 118A.01 - 118A.06, the City of Richfield must designate financial institutions annually. The institutions must pledge the collateral over and above the amount of federal insurance, as public depositories. • U.S. Bank acts as the banking institution in the City's banking arrangement with the 4M Fund. Monies received, checks written by the City, flow through U.S. Bank, however, at the end of each business day, any proceeds remaining in City U.S. Bank accounts are 0110Depositories swept to the 4M Fund to be invested. Therefore, at the end of the business day the City accounts are zero, which means the collateral requirements of Minnesota Statutes Section 118A.03 are not required. Accordingly, U.S. Bank has met all other statutory requirements and should be considered as a depository for the City's Deputy Registrar, payroll and vendor accounts and all savings deposits. • The City must also designate annually, certain savings and loan associations, banks, and credit unions as official depositories for deposit and investment of certain City funds. With approval of these official depositories, the City will be able to deposit and invest funds in these institutions, not exceeding the federal insurance of$250,000. • Finally, a designation must be made for certain financial institutions as depositories for the investment of City funds for 2012. These institutions, such as investment brokerage firms, offer government securities in the manner required by law. These financial institutions include U.S. Bank, RBC Dain Rauscher, Wells Fargo Institutional Brokerage & Sales, Morgan Keegan & Company, Northland Securities and the 4M Fund. B. CRITICAL TIMING ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • The City is required by Minnesota Statute 118A.01 - 118A.06, to designate as a depository of funds, insured banks or thrift institutions. Any collateral so deposited is accompanied by an assignment pledged to the City in the amount specified in the attached resolutions. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The City Council could solicit other financial institutions for official depositories, but past relationships with the depositories recommended have proven satisfactory for the City. V. ATTACHMENTS • Resolution designating US Bank a depository of funds of the City of Richfield for the year 2012. • Resolution designating certain savings and loan associations, banks, and credit unions as depositories for the investment of City funds in 2012. • Resolution designating certain financial institutions as depositories for the investment of City of Richfield funds in 2012. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None LID - t RESOLUTION NO. RESOLUTION DESIGNATING U.S. BANK A DEPOSITORY OF FUNDS OF THE CITY OF RICHFIELD FOR THE YEAR 2012 BE IT RESOLVED, by the City Council of the City of Richfield as follows: That, in accordance with Minnesota Statutes, Section 118A.01- 118A.06, U.S. Bank be, and hereby is designated a depository of the funds of the City of Richfield, subject to modification and revocation at any time by said City, and subject to the following terms and conditions: The said depository shall not be required to give bonds or other securities for such deposits provided that the total sum thereof shall not at any time exceed in any depository the sums for which its deposits are insured under the Acts of Congress of the United States relating to insurance of bank deposits; but that in case such deposits in any such depository shall at any time exceed such insured sum, said depository shall immediately furnish bonds or other security for such excess according to law, approved by the City Council of said City. That said depository shall pay on demand all deposits therein; and shall pay all time deposits, at or after the end of the period for which the same shall be deposited, on demand. BE IT FURTHER RESOLVED, that there shall be maintained a general account in which shall be deposited all monies from the water, sewer, storm sewer, liquor, swimming pool/ice arena, deputy register fees, City permits and other deposits not otherwise specifically provided for. The following officers or their facsimile signatures shall sign checks on this account; STEVEN L. DEVICH, CITY MANAGER CHRIS REGIS, FINANCE MANAGER BE IT FURTHER RESOLVED, that all funds remaining in the account at the end of each business day will be transferred from U.S. Bank to the 4M Fund where funds deposited are invested and insured. Passed by the City Council of the City of Richfield, Minnesota this 10th day of January, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION DESIGNATING CERTAIN SAVING AND LOAN ASSOCIATIONS, BANKS AND CREDIT UNIONS AS DEPOSITORIES FOR THE DEPOSIT AND INVESTMENT OF CITY FUNDS IN 2012 BE IT RESOLVED, by the City Council of City of Richfield, Minnesota WHEREAS, pursuant to Minnesota Statutes, Sections 118A.01 — 118A.06, municipal funds may be deposited in any Savings and Loan Association, Bank or Credit Union which has its deposits insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Administration (NCUA), and WHEREAS, the amount of said deposits may not exceed the FDIC/NCUA insurance covering such deposits which insurance amount is presently $250,000, and WHEREAS, the deposit of City funds in Savings and Loan Associations and Banks would provide greater flexibility in the City's investment program and maximize interest income thereon, and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. It is hereby found and determined that it is in the best interest of the proper management of City funds that various banks be designated as additional depositories for City funds for 2012. 2. It is further found and determined that the purpose of such depository designation is to facilitate the proper and advantageous deposit and investment of City funds and that such designation is not exclusive nor does it preclude the deposit of any City funds in other officially designated depositories of the City. 3. The Treasurer and Finance Manager are hereby authorized to deposit City funds in various depositories up to the amount of$250,000, or such other amount as may be subsequently permitted by law, such deposits to be in the form of demand accounts, payable to the City of Richfield on the signatures of the City Treasurer or Finance Manager. Such deposits may be made and withdrawn from time to time by the Treasurer or Finance Manager as his best judgment and the interests of the City dictates. 4. The investment of funds and the reporting thereof pursuant to this resolution shall be conducted in accordance with established policies of the City regarding the investment of City funds. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of January, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • RESOLUTION NO. RESOLUTION DESIGNATING CERTAIN FINANCIAL INSTITUTIONS AS DEPOSITORIES FOR THE INVESTMENT OF CITY OF RICHFIELD FUNDS IN 2012 WHEREAS, the City of Richfield has money which is available for investment, and WHEREAS, different financial institutions offer different rates of return on investments, and WHEREAS, the City of Richfield shall purchase U. S. Treasury Bills, U. S. Treasury Notes and other such government securities in the manner required by law from the institution offering the highest rate to the City of Richfield providing greater flexibility in the investment program and maximize interest income thereon. NOW, THEREFORE, BE IT RESOLVED, by the City of Richfield, Minnesota, in accordance with Minnesota Statutes, Sections 118A.01 — 118A.06, as follows: 1. It is hereby found and determined that it is in the best interest of the proper management of City of Richfield funds that certain financial institutions be designated as additional depositories for City of Richfield funds for 2012. 2. The following financial institutions designated as depositories for the City of Richfield funds: RBC Dain Rauscher, Inc. Morgan Keegan & Company Wells Fargo Institutional Brokerage & Sales 4M Fund Northland Securities, Inc. 3. The Treasurer and Finance Manager are hereby authorized to deposit the City of Richfield funds in any or all of the depositories herein designated. Such deposits may be made and withdrawn from time to time by the Treasurer or Finance Manager's judgment and as the interest of the City of Richfield dictates. 4. The investment of funds and the reporting thereof pursuant to this resolution shall be conducted in accordance with established policies regarding the investment of these funds. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of January, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 4E REPORT# 5 STAFF REPORT RICHFIELD CITY COUNCIL MEETING JANUARY 10, 2012 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME, TITLE DEPARTMENT DIRECTOR �( tik REVIEW: L[J /0"..._41L SIGNATU': � REVIEc :::BYCITY r � AtielL ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing the use of credit cards by City employees otherwise authorized to make purchases on behalf of the City. I. RECOMMENDED ACTION: By Motion: Adopt the resolution authorizing the use of City credit cards by City employees otherwise authorized to make purchases on behalf of the City. II. BACKGROUND • Minnesota Statutes Section 471.382, require the City of Richfield to authorize the use of credit cards by any City employee otherwise authorized to make a purchase on behalf of the City. • In today's business environment, most retail businesses, will no longer allow the City to purchase on account and will only accept a City check or a City credit card. • Consequently, the use of a City credit card provides efficiency and flexibility for employees to purchase goods and services on behalf of the City. • In addition to the existing credit cards used, the City has entered the Purchasing Card program as offered through US Bank. The program is designed to make the purchasing/procurement process for low dollar valued items more efficient. The intent is to save time and paperwork by reducing the need for purchase orders, petty cash, check requests and employee reimbursements. • The City Purchasing card program began in 2010 on a limited basis and has expanded since that time. The program will allow controls to be put in place to limit monthly and single purchase amounts. Finally, a City Purchasing Card Policy 0110Authorize Credit Card Use has been established which is consistent with the City's Purchasing Policy and Minnesota Statutes. • The City currently uses the following credit cards: • Five VISA credit cards issued through the Richfield Bloomington Credit Union in the name of the City. The cardholders are the following: • City Manager • Public Safety Director • Public Works Director • Community Development Director • Recreation Services Director • Four Roundy's credit cards issued to the City of Richfield Recreation Services Department and Public Safety Department. The Recreation Administration division, Wood Lake Nature Center, Ice Arena, and the Public Safety Administrative Aide use the cards. • One Petco credit card issued to the City of Richfield Public Safety Department. The credit card will be maintained by the following: • SIU Investigator (1) • US Bank Purchasing Card Program. The following twenty purchasing cards will be issued to the following: • Building Services Employees (3) —three cards. • Utility Department Employees (2) — two cards. • Information Technology Employees (4) —four cards. • Finance Manager (1) — one card. • Recreation Service Employees (2) — two cards. • Public Safety Employees (3) —two cards. • Fire Chief (1) — one card. • Communications Coordinator (1) — one card. • Public Works Employees (3) —three cards. III. BASIS OF RECOMMENDATION A. POLICY • In accordance with Minnesota Statutes Section 471.382, the City of Richfield must authorize the use of credit cards by any City employee otherwise authorized to make a purchase on behalf of the City. • Further, if a City employee makes or directs a purchase by credit card that is not approved by the City Council, the employee could be personally liable for the amount of the purchase. • A purchase by credit card must otherwise comply with all statutes, rules, and City policies applicable to City purchases. • Finally, the City's auditors recommend that the City authorize the use of credit cards by City employees on an annual basis. B. CRITICAL TIMING ISSUES • N/A C. FINANCIAL • The holders of City credit cards are responsible for reviewing and approving all purchases entered into with the credit card. D. LEGAL • The City is required by Minnesota Statute 471.382, to authorize the use of credit cards by City employees otherwise authorized to make purchases on behalf of the City. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The City Council could decide to not authorize the use of credit cards by City employees. However, most retail businesses in today's environment will no longer allow the City to purchase on account and will only accept a City check or a City credit card. The use of City credit cards by employees provides efficiency and flexibility for employees to purchase goods and services on behalf of the City. V. ATTACHMENTS • Resolution authorizing the use of a credit card by City employees otherwise authorized to make purchases on behalf of the City. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None LIE - I RESOLUTION NO. RESOLUTION AUTHORIZING THE USE OF CREDIT CARDS BY CITY EMPLOYEES OTHERWISE AUTHORIZED TO MAKE PURCHASES ON BEHALF OF THE CITY OF RICHFIELD FOR THE YEAR 2011 BE IT RESOLVED, by the City Council of the City of Richfield as follows: That, in accordance with Minnesota Statutes, Section 471.382, the City Council of the City of Richfield may authorize the use of a credit card by City employees otherwise authorized to make a purchase on behalf of the City. The authorization is subject to modification and revocation at any time by said City Council, of the City of Richfield, and subject to the following terms and conditions: If a City employee makes or directs a purchase by credit card that is not approved by the City Council, the employee can be personally liable for the amount of purchase. The purchases by credit card must comply with all statutes, rules and City of Richfield policies applicable to City purchases. BE IT FURTHER RESOLVED, that designated City staff is hereby authorized to use the following City credit cards to make purchases on behalf of the City of Richfield: • Five VISA credit cards issued through the Richfield Bloomington Credit Union in the name of the City. The cardholders are the following: • City Manager • Public Safety Director • Public Works Director • Community Development Director • Recreation Services Director • Four Roundy's credit cards issued to the City of Richfield Recreation Services Department and Public Safety Department. The credit cards to be maintained by the following: • Recreation Administration Division • Wood Lake Nature Center Division • Ice Arena Operation • Public Safety Administrative Aide • One Petco credit card issued to the City of Richfield Public Safety Department. The credit card will be maintained by the following: • SIU Investigator (1) —one card. • Twenty US Bank Purchasing cards. The cardholders will be the following: • Building Services Employees (3) —three cards. • Utility Department Employees (2) —two cards. • Information Technology Employees (4) —four cards. • Finance Manager (1) — one card. • Recreation Services Employees (2) —two cards. • Public Safety Employees (3) —two cards. • Fire Chief (1) — one card. • Communications Coordinator (1) — one card. • Public Works Employees (3) —three cards. Passed by the City Council of the City of Richfield, Minnesota this 10th day of January, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 4F REPORT# 6 meAlll STAFF REPORT RICHFIELD CITY COUNCIL MEETING JANUARY 10, 2012 REPORT PREPARED BY: JESSE SWENSON,HUMAN RESOURCES COORDINATOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: PA is •4 40 el REVIEWED BY CITY MANAGER: J / / r _______ /Ate ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution rescinding Resolution 9806 and establishing an updated Public Purpose Expenditure Policy. I. RECOMMENDED ACTION: By Motion: Rescind Resolution 9806 and adopt the resolution establishing an updated Public Purpose Expenditure Policy. II. BACKGROUND In July 2003, the Richfield City Council adopted a Public Purpose Expenditure Policy, which defines when, and for what purposes, public funds may be spent. In August 2006 the City Council adopted an updated version of this policy. The policy establishes a clear set of guidelines to assist elected officials, employees and representatives of the City when approving the expenditure of public funds. With the adoption of this policy, The City ensures that its expenditures have been carefully considered and determined by the governing body to be for a public purpose. As part of the City's annual budget process, the Public Purpose Policy must be reviewed. The policy has been modified to reflect realistic employee service award levels, as well as current employee recognition events. The revisions to the policy are as follows: 0110Public Purpose Policy • The Employee Recognition Program service award has been increased to a maximum of$150 per employee, based on years of service. • In conjunction with the presentation of plaques in recognition of long-term service or retirement, the City may spend up to $50 to purchase a cake for full-time employees. III. BASIS OF RECOMMENDATION A. POLICY • Annual review and adoption of the policy ensures the fullest compliance with all applicable provisions of law in making public expenditures. B. CRITICAL TIMING ISSUES • The policy should be considered in conjunction with the City's new fiscal year. C. FINANCIAL • There is minimal cost associated with the updates to the policy. D. LEGAL • The Public Purpose Expenditure Policy ensures compliance with all applicable laws governing the expenditure of public funds. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS) • Adopt a modified policy with different employee recognition standards. • Defer consideration of this matter to a future meeting. V. ATTACHMENTS • Resolution adopting the policy • Public Purpose Expenditure Policy VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. RESOLUTION ESTABLISHING AN UPDATED PUBLIC PURPOSE EXPENDITURES POLICY WHEREAS, the City Council finds it necessary to annually review and re-establish a policy to clearly determine the public purpose for expenditures; and WHEREAS, the City Council has determined that in order to attract, recruit, retain and motivate employees and community volunteers, the City wishes to recognize hard work and service through other than monetary payment; and WHEREAS, the City Council has further determined certain expenditures for typical business costs are necessary for the effective delivery of public service; and WHEREAS, the City Council has reviewed and discussed the public purposed expenditures as detailed in Exhibit 1. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Richfield hereby rescinds Resolution 9806, Resolution Establishing an Updated Public Purpose Expenditure Policy, and adopts Exhibit 1, entitled "Public Purpose Expenditure Policy," establishing an updated policy. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of January 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk L4 - -a PUBLIC PURPOSE EXPENDITURE CITY OF RICHFIELD PERSONNEL POLICY DATE: January 10, 2012 SUBJECT: Public Purpose Expenditures Background Pursuant to provisions of the Richfield City Charter and the statutes and laws of the State of Minnesota, which permit and require the expenditure of public funds for public purposes, the City of Richfield believes it necessary and appropriate to provide assistance and guidance to the officials, employees and representatives of Richfield to aid in the determination of when public funds may be spent for a public purpose. Definition A public purpose expenditure is one which relates to the purpose for which the City of Richfield exists and the duties and responsibilities of Richfield, its elected and appointed officials, employees and other representatives. Public Purpose Guidelines A. Training and development programs for Richfield employees serve a public purpose when those training and development programs are directly related to the performance of the employees'job- related duties and are directly related to the programs/services for which the City is responsible. B. Payment of employee work-related expenses, including travel, lodging and meal expenses, serves a public purpose when those expenses are necessarily incurred by Richfield employees in connection with their actual work assignments or official duties and those expenses are directly related to the performance of the governmental functions for which Richfield has responsibility. C. Appropriate safety and health programs for Richfield employees serve a public purpose because they result in healthier and more productive employees and reduce certain costs to the City and the taxpayers of Richfield, including various costs associated with workers' compensation and disability benefit claims, insurance premiums and lost time from employee absences. D. Public expenditures for appropriate Richfield employee and volunteer recognition programs serve a public purpose because formally recognizing employees and volunteers who make significant contributions and demonstrate their commitment during the performance of their duties result in higher morale and productivity among all Richfield employees and volunteers, and therefore help the City to fulfill its responsibilities efficiently and more cost effectively. E. Public expenditures for food and refreshments associated with official Richfield City functions serve a public purpose when the provision of food or refreshments is an integral part of the function and is deemed necessary to ensure meaningful participation by the participants. F. Public expenditures for appropriate community and customer outreach and similar activities serve a public purpose when those expenditures are necessary for Richfield to ensure the efficient operation of its programs/services, promote the availability and use of City resources, and promote coordinated, cooperative planning activities among and between the public and the private sectors. Specific Programs and Expenditures Every City of Richfield expenditure must be valid based upon the public purpose for which it is purchased. The following items are deemed to meet the Council definition of public purpose expenditures. PUBLIC PURPOSE EXPENDITURE PAGE 2 A. Employee Recognition Programs The Richfield City Council recognizes the hard work and service performed by the employees of the City through a formal Employee Recognition Program. The City Council believes the benefits of attracting, retaining and motivating employees through an Employee Recognition Program support employee job satisfaction, which in turn impacts cooperation and productivity. The result is to provide excellent public and customer service to better serve the interests of the citizens of the community. The Employee Recognition Program is considered "additional compensation"for work performed by employees but is entirely dependent on receiving funding from year-to-year. No provisions of this policy, or its administration, shall be subject to review under the grievance or arbitration provisions of any collective bargaining agreement. The Program may include: 1. City employees completing 5, 10, 15, 20, 25, 30, and 35 years of service may receive a service award not to exceed $150 in value, as determined by the City Manager. 2. Annually, in conjunction with the presentation of service awards, the City may sponsor an Employee Recognition event for City employees. 3. Annually, the City may sponsor a Volunteer Recognition Dinner(s)to promote teamwork and coordination among the City Council, Department Directors, Commission/Committees, and employees. This dinner and a token gift for invited participants and their guests also serve as de minimus compensation for the service provided by the volunteers. 4. Annually, the City may sponsor a Holiday Party for City employees. In lieu of a Holiday Party, the City may sponsor an annual employee event, such as Rootbeer Float Day. 5. The City supports other events that are planned and paid for by employees. Examples of such events include holiday gatherings, golf and/or bowling tournaments. 6. The City supports recognition plaques and up to $50 for a cake in recognition of long-time service or retirement for employees, volunteers and elected officials. The cost of the elements of the Employee Recognition Program will be included in the City of Richfield Annual Budget. This item will be approved annually by the City Council as a part of the overall budget approval process which includes a public hearing on the proposed budget. B. Employee Wellness and Safety Programs The City Council recognizes the importance of employee fitness and health as it relates to the overall work and life satisfaction of the employee and the overall impact on the City's health insurance program. As such, the City Council supports an Employee Wellness Program, which has been designed to educate employees on fitness/health issues. The Employee Wellness Program is considered "additional compensation"for work performed by employees, but is entirely dependent on receiving funding from year-to-year. No provisions of this policy, or its administration, shall be subject to review under the grievance or arbitration provisions of any collective bargaining agreement. The cost of an Employee Wellness Program will be included in the City of Richfield Annual Budget. This item will be approved annually by the City Council as a part of the overall budget approval process which includes a public hearing on the proposed budget. The Employee Safety Program is funded by the Self-Insurance Fund. The City supports programs created by the Human Resources Division and the Safety Committee to promote and - 1 PUBLIC PURPOSE EXPENDITURE PAGE 3 retain a safe work environment. Safety incentive programs such as Richfield's Safety Bingo, which provide the opportunity for cash prizes for accident/injury-free work days, is an example of such programs. Such safety incentives shall be included in the City of Richfield Annual Budget. C. Meeting Food/Meals The City Council recognizes that situations in which City business needs to be discussed can and do occur during meal hours (i.e. luncheon meetings). In addition, there are public and employee meetings and events in which reasonable refreshments may be necessary to create a more productive environment and to be responsive to participants' time schedules. The following items are deemed to meet the Council definition of public purpose expenditures in regards to food and meals. 1. Meals and refreshments are allowed at City meetings and events that have a purpose of discussing City issues. These meetings would normally have a pre-planned agenda. 2. Meals and refreshments are allowed at employee meetings and events that have a purpose of discussing City issues or are a part of employee training. These meetings would also normally have a pre-planned agenda. These meetings could include new employee receptions to introduce new employees to existing employees, provide an orientation to the City, and promote teamwork and cooperation. This does not include routine staff meetings. 3. Meals and refreshments are allowed when they are part of a breakfast/lunch/dinner meeting for official City business when it is the only practical time to meet. Usually these meals involve meeting with City Council members, Committee/Commission members, business or civic organizations. Payment for fees relating to a special event, such as a Chamber of Commerce event, may also be allowed when approved by the City Manager and when attendance is deemed to meet the public purpose guidelines for community or customer outreach and marketing of the City. 4. Meals and refreshments may be provided during official meetings of the City Council, City Council committees, advisory boards/commissions, and taskforces that have purpose of discussing City business. These meetings would normally have a pre-planned agenda. 5. Travel expenses for employees as outlined in the Richfield Travel Reimbursement Policy. 6. Meals and refreshments are allowed where employees or volunteers are participating in a City-sponsored special event, participating in an outside event as an official representative of the City, or working additional hours and where the Department Director deems appropriate as recognition of efforts above those normally required. Because emergency personnel are often called to perform for extended periods of time and duties where refreshments are important to duty performance, emergency response personnel may be provided refreshments or food when it is deemed appropriate by the City Manager or Department Director to assure the delivery of quality emergency response service. 7. No purchase of alcoholic beverages is allowed at any time. The cost of these meals or fees is included in the departments'travel/conferences line-item in the City of Richfield Annual Budget. These items are approved annually by the City Council as a part of the overall budget approval process which includes a public hearing on the proposed budget. D. Membership, Dues, and Donations The City Council has determined that the City will fund memberships and dues (individual or organization) in professional organizations and City social and community organizations when the purpose is to promote, advertise, improve or develop the City's resources and relationships and not personal interest or gain. PUBLIC PURPOSE EXPENDITURE PAGE 4 The cost of memberships/dues is included in the departments' dues and subscriptions line-item in the City of Richfield Annual Budget. These items are approved annually by the City Council as a part of the overall budget approval process which includes a public hearing on the proposed budget. All donations must be approved by the City Council during the annual budget process and/or by City resolution. Donations provided by the City must be for programs that serve our citizens and are deemed to meet the public purpose guidelines. E. Education Reimbursement The Personnel Policy contains guidelines for a Richfield Employee Education Program (REEP). Job related advanced education meets the public purpose guidelines of this policy. The amount available for this program shall be considered annually. The cost of this program is contained in the City of Richfield Annual Budget. F. Clothing and Other Sundry Items Employees may receive T-shirts, and other sundry items of nominal value ($10.00) when these items; are made available to the general public or if these items are determined by the City Manager to be important to the successful involvement of employees in special City-sponsored or City-supported events (i.e. National Night Out, etc.). Employees may be supplied with uniforms, clothing, boots and other gear necessary for the performance of their job. The cost of these items for City-sponsored or City-supported events shall be contained in the City of Richfield Annual Budget. Conclusion The Richfield City Council has determined that the above expenditures are valid and serve a public purpose. Approved: /s/Steven L. Devich City Manager AGENDA SECTION: CONSENT AGENDA ITEM# 4G REPORT# 7 STAFF REPORT RICHFIELD CITY COUNCIL MEETING JANUARY 10, 2012 REPORT PREPARED BY: CHRIS REGIS,FINANCE MANAGER NAME,TITLE DEPARTMENT DIRECTOR ,, REVIEW: 41 SIGNATURE REVIEWED BY CITY / MANAGER: L. /.1 ITEM FOR COUNCIL CONSIDERATION: Council approval of a resolution authorizing the City of Richfield to accept donation from American Legion Auxiliary Unit 435. I. RECOMMENDED ACTION: By Motion: Approve the acceptance of $50 from the Minneapolis- Richfield American Legion Auxiliary Unit 435. II. BACKGROUND The City of Richfield has been presented with a check in the amount of$50 from the Minneapolis-Richfield American Legion Auxiliary Unit 435. This is a continuation of annual giving by the Auxiliary. III. BASIS OF RECOMMENDATION A. POLICY • Minnesota Statute 465.03 requires every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council. • The Administrative Services Department issued a memo on November 9, 2004 requiring that all grants and donations be received by resolution and by more than two-thirds majority of the City Council in accordance with Minnesota Statute 465.03. B. CRITICAL ISSUES • N/A C. FINANCIAL • The $50 donation will be placed in the City's General Fund to be used towards the general operations of the City. D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Council could deny the resolution and the funds would be returned to the Minneapolis-Richfield American Legion Auxiliary Unit 435. However, this donation has been accepted in past years. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. 4G - 1 RESOLUTION NO. RESOLUTION AUTHORIZING CITY OF RICHFIELD TO ACCEPT A DONATION OF $50 FROM THE MINNEAPOLIS-RICHFIELD AMERICAN LEGION AUXILIARY UNIT 435 WHEREAS, the City of Richfield, has been notified that the Minneapolis- Richfield American Legion Auxiliary Unit 435 has presented a check in the amount of$50 to the City of Richfield.; WHEREAS, Minnesota Statute requires every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council; WHEREAS, the donated funds will be deposited into the City's General Fund. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield will accept the donation of$50 from the Minneapolis-Richfield American Legion Auxiliary Unit 435 to be deposited into the City's General Fund. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of January 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 4H REPORT# 8 migildi STAFF REPORT RICHFIELD CITY COUNCIL MEETING JANUARY 10, 2012 PAM DMYTRENKO, REPORT PREPARED BY: ASSI TANT CITY MANA ' R REVIEWED BY CITY MANAGER. if�4112 7 ' 4 ITEM FOR COUNCIL CONSIDERATION: Accept the change order report for the Richfield Municipal Project for an aggregate net effect of$7,847 in items included in the project budget. I. RECOMMENDED ACTION: By Motion: Accept the Richfield Municipal Center change order report for an aggregate net effect of $7,847 in items included within the project budget. II. BACKGROUND Resolution No. 10309 provides the City Manager the authority to approve change orders for all contracts awarded by the City Council for the construction of the new Richfield Municipal Center subject to the following limitations: • Up to an aggregate of$25,000 for non-budgeted items • Up to an aggregate of$100,000 for items within the project budget Following the approval of such change orders, the City Manager must report this information to the City Council. Attached is the list of the approved project change orders since the November 14, 2011 City Council meeting. Some change orders represent an increase to the originally awarded contract and some represent a decrease. Total net project change orders to-date is $516,914. of loco III. BASIS OF RECOMMENDATION A. POLICY • In order to maintain the construction schedule of the Richfield Municipal Center project and respond to change order requests in a timely manner, the City Council has authorized (Resolution No. 10309) the City Manager to approve change orders up to an aggregate value of$100,000 for budgeted items and up to an aggregate value of$25,000 for non-budgeted items. B. CRITICAL TIMING ISSUES • The City Manager must report approved change orders for the Richfield Municipal Center to the City Council at the next Council meeting. • These change orders have already been approved and, in most cases, implemented. C. FINANCIAL • The change orders before the Council for review on January 10, 2012 represent a net effect of$7,847 for budgeted items. • Total net project change orders to-date is $516,914. D. LEGAL • NA E. ENVIRONMENTAL CONSIDERATIONS • NA IV. ALTERNATIVE RECOMMENDATIONS) • None V. ATTACHMENTS • Richfield Municipal Center Change Order Log VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None LI IA — \ n- I \ � CV O Ii5 01 a C q CO C k 0 G 0 ƒ o coa $ � � wt 2 � o E e 0 § § k 0 . 0 0 S S - $ $ f 7 e 0 C C C HRRm a 2555 « k \ \ co S S . \ S . . \ kk \ kCO \ 0 k C w k < S / 0 of / n ,c f:: @ L.0 2' m E 2c f G ± £ »f = © © am o = fe c0J cE tS12 t 0)F., /� $ \ i � 0 o - 00 a n ) 0) J 50 . $ @ k ® �\ c � a c 2 E -E -1° c � � z @� k� - 1-0w Q H224% /k & kEa @ @ $ � ao 28 ¥ I � k CD gt / 3 § 5 0 >c e c ƒ o $ c 2 \ k r e CO 2 CU m52 'O 0m2 � u El 0 , $ U)C 2 \ EEr) r 0 m 0) \ / � E-2 < �� 02k CO = w k 0 �§ 2 o j w 3 \ 22 �k , tk # § A & a w < 2 tY I ¢ = 2 w e < Z wg7EG • V-. CO - - - n n Ct � cwm 0RF © � CV Agg4CV i ! i Rrr 2 - � � � I I ! . I I i AGENDA SECTION: CONSENT AGENDA ITEM# 4I REPORT# 9 wrAll STAFF REPORT RICHFIELD CITY COUNCIL MEETING JANUARY 10, 2012' REPORT PREPARED BY: MARK HALL,FLEET AND PARK MAINTENANCE SUPERVISOR NAME,TITLE DEPARTMENT DIRECTOR El REVIEW: � J Ag_ SIGN ATURE ''' A AAR: `L ' _ ._,,,, ITEM FOR COUNCIL CONSIDERATION: Consideration of the purchase of a brush chipper for use by the Forestry Maintenance Division. I. RECOMMENDED CTION: By Motion: Approve the purchase of a brush chipper (Vermeer BC 2100XL) from Vermeer of Burnsville in the amount of $108,280.40 II. BACKGROUND Unit 426 is a brush chipper that is a fully depreciated and due for replacement. This chipper is used by the Forestry Division for tree removals and tree trimming. Replacement Schedule The current chipper has been worked beyond its scheduled replacement date and has been identified by our mechanics as in need of replacement. It is no longer cost effective to make major repairs such as drum and wheel replacements, as the engine itself has become tired with 12 years of chipping trees. Purchasing Policy Purchasing supplies, materials, and equipment through a cooperative purchasing program, allows the City to purchase these items at a lower cost due 01102012chipper to the purchasing power of a large group. The City of Richfield currently purchases from three cooperative sources: • Hennepin County Cooperative Purchase Program. • State of Minnesota Cooperative Purchasing Program • National Joint Powers Agreement Cooperative Purchasing Program. This unit will be replaced with a chipper that will be purchased through the State of Minnesota Cooperative Purchasing Program. III. BASIS OF RECOMMENDATION A. POLICY • The City of Richfield participates in the Minnesota State Cooperative Purchasing Program. B. CRITICAL TIMING ISSUES • Approval at the January 10, 2012 Council meeting will facilitate delivery of the new chipper. C. FINANCIAL • The approved budget contains $105,000 for the purchase of this chipper (line item 61000-7500). • The additional $3,280 will be included in the 2012 revised budget. D. LEGAL • When the purchase of materials, merchandise, equipment, or construction exceeds $50,000, authority to purchase shall be submitted to the City Council for consideration. E. ENVIRONMENTAL CONSIDERATIONS • The new chipper will be a major component remaining consistent with the City's Emerald Ash Borer Removal/Treatment policy. • This chipper meets Tier IV engine emission requirements for diesel engines. IV. ALTERNATIVE RECOMMENDATION(S) • Council may delay approval to a later meeting. Delayed approval, however, will result in delayed delivery. • No action by Council on this purchase will eventually result in more breakdowns, dollars wasted on repairs and lost efficiency in tree removal. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: CONSENT AGENDA ITEM# 4J REPORT# 10 MAIN STAFF REPORT RICHFIELD CITY COUNCIL MEETING JANUARY 10, 2012 BETSY OSBORN, SUPPORT SERVICES REPORT PREPARED BY: DIVISION MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: 41/P ,/.. tL .REVIEWED BY CITY • MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration and approval of a 2012 contract with the City of Bloomington for Public Health Emergency Preparedness/Bioterrorism (PHEP) services. I. RECOMMENDED ACTION: By Motion: Approve the 2012 PHEP contract with the City of Bloomington, using federal grant funds, to provide services in the area of public health emergency preparedness/bioterrorism and the development of a response system. II. BACKGROUND The State of Minnesota has received funds from the federal government (Centers for Disease Control) to be used in developing agencies' public health emergency preparedness/response to bioterrorism. This is part of a nationwide effort to respond to serious public health emergencies. There are specific requirements in the grant in the areas of coordination, assessment, planning and exercise, response surveillance, Health Alert Network, risk communication and training. The City of Richfield will receive $21,622 for the grant cycle, which runs from August 10, 2011 to December 31, 2012. The contract with the City of Bloomington for this same period of time for public health emergency preparedness is in the amount of$17,722 with a second amount of$7,882 being passed through directly to Bloomington to meet the Cities Readiness Initiative (CRI) which is intended to be used metro wide to regionally fund public health emergency preparedness planning, 011012 Public Health Emergency Preparedness Contract for 2012 exercises, training and activities. A remaining amount of$3,900 is retained by Richfield for staff time, training, planning and exercises in public health emergency preparedness activities. Richfield continues to pool these federal grant dollars with Bloomington and Edina with a portion of these funds used to support a Public Health Emergency Preparedness Coordinator for the three cities. Lisa Brodsky, Public Health Emergency Preparedness Coordinator, is representing the Tn-City area (Bloomington, Edina and Richfield) and has been regularly meeting with Richfield and Edina health staff to plan and develop the requirements of the grant funds. III. BASIS OF RECOMMENDATION A. POLICY • The City of Richfield became a Local Public Health Agency (LPHA) in 1977, which makes the City eligible to receive these grant funds to use in the development of a public health emergency response system specific to Richfield and its needs. B. CRITICAL TIMING ISSUES • These funds are part of a nationwide effort by the Federal government to respond to serious public health emergencies, to include threats of bioterrorism. C. FINANCIAL • Funds being used are those given to Richfield as an LPH agency, from the federal government, to develop a system for responding to public health emergency preparedness and bioterrorism threats. D. LEGAL • The City must comply with the requirements of the grant in order to receive grant funds. • The City Attorney has reviewed the contents of the contract and has approved of it. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS) • The City Council could decide not to approve the contract with the City of Bloomington for the services of a Public Health Emergency Preparedness Coordinator in developing a public health emergency preparedness/bioterrorism plan. This would mean that the City would have to hire a staff person to assume some of the grant's responsibilities, which cannot be met with current City staffing levels and would result in a significant budget increase. V. ATTACHMENTS • 2012 City of Bloomington Public Health Preparedness/bioterrorism contract VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None - , AGREEMENT BETWEEN THE CITIES OF BLOOMINGTON AND RICHFIELD FOR PUBLIC HEALTH PREPAREDNESS AND RESPONSE TO BIOTERRORISM THIS AGREEMENT, is made and entered into this day of , by and between the City of Bloomington, a Minnesota municipal corporation, in the County of Hennepin, State of Minnesota ("Bloomington"), and the City of Richfield, a Minnesota municipal corporation, in the County of Hennepin, State of Minnesota ("Richfield"). WITNESSETH: WHEREAS, Bloomington warrants and represents that its Division of Public Health is a duly certified public health agency operating in accordance with all applicable federal and state requirements; and WHEREAS, Bloomington's Division of Public Health provides Public Health Emergency Preparedness Services to respond to bioterrorism, infectious diseases, and other threats to public health including, but not limited to coordination, assessment, planning and exercise, response, surveillance, Health Alert Network (HAN), and training (hereinafter referred to as "PH Emergency Preparedness Services"); and provides services and activities to improve the mass dispensing of medicines and medical supplies through the Cities Readiness Initiative (hereinafter referred to as "CRI Duties"); and WHEREAS, Richfield wishes to promote, support, and maintain the health of its residents by providing public health emergency preparedness, and Cities Readiness Initiative planning activities, and to contract with Bloomington, through its Division of Public Health, to provide such services to residents of Richfield; NOW, THEREFORE, the parties hereto, and for consideration of the covenants hereinafter set forth, agree as follows: A. Term. The term of this Agreement shall be from August 10, 2011 through December 31, 2012 provided that either party may terminate the same by sixty (60) days written notice to the other. B. Bloomington, through its Division of Public Health, agrees to provide residents of Richfield with the following PH Emergency Preparedness Services: Standing Duties 1. (SD-3) Bloomington will reply to all State Health Alerts and Health Alert Updates within one (1) hour of receipt. Bloomington will transmit the State's Health Alerts and Health Alert Updates to local Health Alert Network recipients as requested by the State within one (1) hour of receipt. 2. (SD-4) Bloomington will reply to all State Health Advisories and Health Advisory Updates within twenty four (24) hours of receipt. Bloomington will transmit the State Health Advisories and Health Advisory Updates within twenty four (24) hours of receipt. 3. (SD-5)All Public Health Preparedness exercises developed by Bloomington will be in accordance with Homeland Security Exercise Evaluation Program (HSEEP) standards. Bloomington will submit an After Action Report and Improvement Plan (AAR/IP) to the Office of Emergency Preparedness (OEP) Exercise Coordinator for each exercise conducted at any level with federal funds. 4. (SD-6) Bloomington will participate in statewide Public Health Preparedness exercises as directed by the State. 5. (SD-7) Bloomington will prepare, update and maintain a Bloomington- Edina-Richfield three (3) year exercise calendar in conjunction with each City's Emergency Manager and will submit the exercise calendar to the OEP Exercise Coordinator on or before November 30 of each calendar year and will provide timely updates to the OEP Exercise Coordinator for the duration of the contract. Bloomington will provide Richfield with an exercise calendar specific to their jurisdiction. 6. (SD-8) Bloomington will maintain the capability to provide countermeasures to 100% of their identified population within 48 hours after the decision to do so. 7. (SD-9) Bloomington will plan and coordinate preparedness and response efforts at the local and regional level with hospitals, healthcare providers, mental/behavioral health systems, emergency medical services, emergency management and other response partners to share expertise, coordinate training and exercises and evaluate response and recovery to incidents within Bloomington, Edina and Richfield. 8. (SD-10) Bloomington will designate a MN Response Administrator and coordinate with regional health care system preparedness efforts to recruit, train and deploy volunteers in accordance with state and federal law. Programmatic Duties 9. (PD-1) Bloomington will perform a comprehensive review of the Public Health Preparedness Capabilities: National Standards for State and Local Planning document published by the Centers for Disease Control and Prevention in March 2011 (Capabilities document). Bloomington will complete and submit a description of the current status of each of the 109 Priority Resource Elements, as described in the Capabilities document, for each member agency covered by the Community Health Board (CHB) in a manner prescribed by the State by December 9, 2011. 10. (PD-2) Bloomington will identify and recruit representatives from as many Richfield community sectors as possible to begin planning for a jurisdictional risk assessment that identifies the impact of incidents and events on the public health, behavioral health and healthcare needs of the community. The 11 community sectors, as defined in the Public Health Preparedness Capabilities: National Standards for State and Local Planning document include: business; community leadership' cultural and faith-based groups and organizations; emergency management; healthcare; social services; housing and sheltering; media; mental/behavioral health; state office of aging or its equivalent; education and childcare settings. Bloomington will maintain an up-to-date contact list for these representatives and submit a list of the sectors represented by December 15, 2011. (Capability 1) U3 - U 11. (PD-3) Bloomington will conduct at least one presentation per calendar year highlighting public health emergency preparedness activities and/or accomplishments to a community group within Richfield. The presentation should include information on the Public Health component of recent and/or on-going responses, exercises and improvements to readiness, and will target the appropriate audiences identified in the Minnesota Department of Health (MDH) contract. Richfield staff will participate in the presentation, which will be coordinated by Bloomington and will focus on activities and accomplishments within Richfield. 12. (PD-4) As a part of the risk assessment process, Bloomington will convene or participate in a jurisdictional meeting to identify and discuss the impact of incidents and events on the public health, behavioral health and healthcare needs of Bloomington, Edina and Richfield by March 31, 2012. 13. (PD-5) Bloomington will assure the completion of a jurisdictional risk assessment for Richfield. The assessment process will include Richfield representatives from as many as possible of the 11 community sectors identified by CDC. Planning may be done in collaboration with Richfield and Bloomington. The risk assessment may be conducted in a manner determined by Bloomington, but will include consideration of at least three variables of risk: the likelihood that an incident or event will happen; the severity of the impact of the incident or event on public health, behavioral health, and healthcare; and the planning and implementation efforts that have already taken place to mitigate the incident or event. Bloomington will report the key findings and describe the process used to develop the risk assessment by completing and submitting a questionnaire or survey tool, in a manner prescribed by the State by March 31, 2012. (Capability 1) 14. (PD-6) Bloomington will select at least three of the most pressing issues identified through the risk assessment process for inclusion in an 18-month work plan which will be submitted, in a manner prescribed by the State, by 45 — S June 30, 2012. As a component of the work plan, improvement goals will be developed that identify the Resource Elements, and the associated Capabilities and Functions, which will be addressed by each goal. Goals will be developed at the three-city level. The State reserves the right to identify Resource Elements that must be included in Bloomington work plans. Work plans will also include Responsible Party, Demonstration Plan and timelines as defined in the MDH contract. 15. (PD-7) Bloomington will begin implementation of their work plans on or before July 1, 2012. Within sixty (60 days) of implementation of the work plan, Bloomington will participate in a Bloomington and Richfield site visit conducted by their regional Public Health Preparedness Consultant (PHPC) to determine whether any modifications are needed. To ensure ample time for site visits and amended work plan completion Bloomington will contact their PHPC on or before May 30, 2012 to schedule the site visit. Amended work plans will be submitted to the State by September 30, 2012. 16. (PD-8) Bloomington will provide information to Richfield for quarterly progress updates on achieving work plan goals and capabilities in a manner prescribed by the State beginning September 30, 2012. 17. (PD-9) Bloomington will conduct a minimum of two (2) Health Alert Network (HAN) exercises that include but are not limited to: Bloomington, Edina and Richfield hospitals, clinics, long term care, emergency managers, and those who according to agency discretion are apparent and necessary to ensure an efficient response to any public health emergency. Bloomington will monitor the acknowledgement of response times and each exercise must achieve a rate of 90% or more from each of the partner organizations within one (1) hour. One exercise must be conducted before November 30, 2011 and the second before May 30, 2012. This grant duty may be met using a real incident. 45- Co CRI Duties 18. (PD-10) Bloomington will develop Countermeasure and Distribution plans in accordance with the Strategic National Stockpile (SNS) Local Technical Assistance Review (LTAR) and guidance, SNS Receiving , Distributing, Dispensing Strategic National Stockpile Assets: A Guide for Preparedness, CDC Public Health Preparedness Capabilities: National Standards for State and Local Planning, and Point of Dispensing (POD) Standards, April 2008 or successor standards/guidance. Bloomington will annually incorporate new state or federal guidance and address deficiencies or changes requested by MDH and/or CDC. 19. (PD-11) Bloomington will participate in an LTAR visit in partnership with Richfield to be conducted by MDH and/or CDC during each performance period as directed by the State. Bloomington will schedule the LTAR visit with the State on or before March 1St of each year and the LTAR visit must be completed on or before April 30th of each year. 20. (PD-12) Bloomington will submit the Countermeasure and Distribution plan and their LIAR self-assessment on or before March 1, of each year. Bloomington must obtain and maintain a minimum passing score of 79% throughout the project period. 21. (PD-13) Bloomington will comply with established medical countermeasures distribution and dispensing standards (CDC April 2008 POD Standards) and Bloomington will obtain and maintain a passing CDC Medical Countermeasure Distribution and Dispensing composite point score. 22. (PD-14) Bloomington will submit throughput data to the State for any dispensing or vaccinating drills or exercises using RealOpt or other modeling systems to determine staffing and throughput needs for countermeasure dispensing within sixty (60) days of the exercise. LtS 23. (PD-15) Bloomington will complete a Bloomington-Edina-Richfield self- assessment as directed by MDH covering LTAR elements and related public health capabilities on or before March 1, 2012. Bloomington will also complete surveys or respond to requests from the State or CDC for the following information throughout this project period. Information categories include but are not limited to: population, site, throughput, staff and volunteer data, staff and volunteer training, updates to plans, access to supplies, material handling, and transport and storage equipment systems. 24. (PD-16) As directed by the State, Bloomington will conduct and/or participate in at least one (1) full scale CRI Metropolitan Statistical Area (MSA) exercise that tests and validates medical countermeasures dispensing plans. Results and documentation of medical countermeasure dispensing full-scale exercise(s) must be developed in accordance with HSEEP. After Action Reports/Improvement Plans for CRI MSA exercise must be submitted through the DSNS Web-based Data Collection System before July 15, of the year the exercise is conducted. Bloomington will also submit all required documentation to the OEP Exercise coordinator in accordance with the standing duties generally as stated within the contract. 25. (PD-17) As directed by the State, Bloomington will participate in state initiated Minnesota Responds Volunteer Communication and Activation exercises to test the capabilities of Minnesota Responds. 26. (PD-18) Bloomington must conduct a minimum of three (3) different Division of Strategic National Stockpile (DSNS) drills during the grant performance period of August 10, 2011 — December 31, 2012 in accordance with the following: 1. Each drill will be of a different type. Bloomington may not complete the same type of drill more than one (1) time. u5 -$ 2. The three (3) required drills will be chosen from any of the eight (8) available drills as indicated on the DSNS Extranet website. 3. Drill data and/or HSEEP After Action Reports/Improvement. Plans for drills must be submitted through the DSNS Web-based Data Collection System no later than July 15, 2012. Bloomington will also submit all required documentation to the OEP Exercise coordinator in accordance with the standing duties generally as stated within the contract. C. Payment. Richfield agrees to pay Bloomington $17,722 for PH Emergency Preparedness Services, and $7,882 for CRI Duties during the term of this Agreement. This amount of$25,604 shall be paid in quarterly installments of $6,401, according to the following terms: a. Bloomington shall quarterly bill Richfield for PH Emergency Preparedness Services and CRI Duties. Payment shall be made within fifteen (15) days of receipt by Richfield of Bloomington's invoice. b. In the event Richfield desires to inspect the financial books and records of Bloomington related to the providing of PH Emergency Preparedness Services and CRI Duties by Bloomington, Bloomington shall make its financial books and records available at the Bloomington City Hall for inspection and copying by Richfield, or any agent, employee, or representative of Richfield, upon reasonable request during normal business hours. c. In the event of termination pursuant hereto, the quarterly payment next due shall be prorated and paid for only the period ended on the date of termination, and Richfield shall pay such reduced quarterly payment for the period ended on the date of termination, within fifteen (15) days after receipt of Bloomington's invoice. 27. It shall be the sole responsibility of Bloomington to determine the qualifications, functions, training, and performance standards for all health L3 -q service personnel who render PH Emergency Preparedness Services and CRI Duties under this Agreement. 28. Bloomington will communicate with Richfield relative to PH Emergency Preparedness Services and CRI Duties to be performed hereunder by Bloomington, such communication to be in the form of reports, conferences, or consultations, as they request. 29. At Richfield's request, and not more than two (2) times during the term of this Agreement, responsible administrative officers from Bloomington shall attend meetings of the Richfield City Council or appropriate board or commission to answer questions and give further information relative to the activities performed and PH Emergency Preparedness Services and CRI Duties rendered under this Agreement. 30. Bloomington hereby agrees to maintain in force its present policy of comprehensive general liability insurance in compliance with Minnesota Statutes, Section 466, and professional liability coverage in the amount of$1.5 million dollars ($1,500,000) per occurrence and $1.5 million dollars ($1,500,000) in aggregate for the term of this contract. D. MISCELLANEOUS PROVISIONS 31. The parties agree to comply with the following laws and regulations: a. ADA. Richfield agrees to comply with the Americans with Disabilities Act of 1990 (ADA) and agrees to hold harmless and indemnify Bloomington from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought by third parties alleging a violation of ADA by Richfield. Bloomington agrees to hold harmless and indemnify Richfield from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought by third parties alleging a violation of ADA by Bloomington. Bloomington does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or us activities. Bloomington has designated coordinators to facilitate compliance with the Americans with Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. For information contact the Human Services Division, City of Bloomington, 1800 Old West Shakopee Road, Bloomington, Minnesota 55431; telephone (952) 563-8700; TTY: (952) 563-8740. b. Human Rights. The parties agree to comply with the Minnesota State Human Rights Act, Minnesota Statutes, Section 363A. c. Non-Assignment. The parties agree this Agreement shall not be assignable except at the written consent of both parties. d. Scope of Agreement. This Agreement represents the entire Agreement between Richfield and Bloomington and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof; and amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. e. Data Practices. Each party will comply with all applicable provisions of the Minnesota Government Data Practices Act, Chapter 13 of the Minnesota Statutes. 32. Indemnification. a. Richfield shall defend, indemnify and hold harmless Bloomington, its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from the Richfield's (including its officials, agents, employees or volunteers) performance of the duties required under this Agreement, provided that any such claim, damages, loss or 43 - 1\ expense is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of Richfield. b. Bloomington shall defend, indemnify and hold harmless Richfield, its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from the Bloomington's (including its officials, agents, employees or volunteers) performance of the duties required under this Agreement, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of Bloomington. c. Liability for Richfield and Bloomington shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466. Nothing in this Section is intended or shall operate as a waiver of any defenses or limitations on liability available under the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466. The provisions of this Section are not intended for the benefit of any third party. In the event of any claims or actions filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. 33. Mediation. The parties agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The mediation shall be conducted through the Mediation Center, 1536 Hewitt Avenue, St. Paul, Minnesota 55104. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the event mediation is y5 a_ unsuccessful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. 34. Signatory. The person signing this Agreement (hereafter"SIGNATORY") represents and warrants that Richfield has authorized him/her to execute this Agreement on its behalf and agrees to be bound by its terms and conditions, including the Agreement to indemnify and hold Bloomington harmless. In the event Richfield did not authorize the SIGNATORY to sign on its behalf, the SIGNATORY agrees to assume responsibility for the duties and liabilities of Richfield, as set forth herein, personally. IN WITNESS WHEREOF, the parties have hereunto set their hands on the dates written below. CITY OF BLOOMINGTON: Dated: By: Its City Manager Reviewed and approved by the City Attorney. City Attorney CITY OF RICHFIELD: Dated: By: Its Mayor Dated: By: Its City Manager AGENDA SECTION: CONSENT AGENDA ITEM# 4K REPORT# 11 1 Madill STAFF REPORT RICHFIELD CITY COUNCIL MEETING JANUARY 10, 2012 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME,TITLE DEPARTMENT DIRECTOR t ,- REVIEW: REVIEWED BY CITY L t � � I ` ../ MANAGER: ITEM FOR COUNCIL CONSIDERATION: Approval of the continuation of the agreement with the City of Bloomington for the provision of public health services for the City of Richfield for the year 2012. I. RECOMMENDED ACTION: By Motion: Approve the continuation of the contract with the City of Bloomington for the provision of public health services for the City of Richfield for the year 2012. II. BACKGROUND In 1977, The State of Minnesota enacted the Community Health Services Act which transferred the responsibility for the administration of public health programs to local jurisdictions. The state also provided funds for the program and encouraged local jurisdictions to increase the efficiency of their programs by grouping together whenever it made sense to do so. Richfield entered into a contractual agreement with Bloomington at the time and the program has been administered under a contract with them since then. The Act was revised in 2003 and is now referred to as the Local Public Health Act. The contract amount for providing public health nursing services in 2012 reflects roughly a 3% increase over the 2011 contract amount. The contract amount for 2012 is $199,190 with the 2011 contact amount having been $193,284. 011012 Bloomington Public Health Services Contract for 2012 In 2004, changes were made to the Public Health Act at the State level to make reporting and accountability recordkeeping more efficient. Those changes also "regrouped" a large number of funding sources into one, which gives more personalization of the funds for the best specific use of dollars within the community to be used in conjunction,with subsidy guidelines. It is now referred to as the Local Public Health subsidy. III. BASIS OF RECOMMENDATION A. POLICY • The City of Bloomington has sufficient resources to provide a professional level of public health services to Richfield residents. Annual evaluations of their services has shown that they are providing effective services in a very cost-efficient manner and that Richfield residents receiving their services are very satisfied. B. CRITICAL TIMING ISSUES • None C. FINANCIAL • None D. LEGAL • The City Attorney has reviewed the contents of the contract and has approved of it. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S) • The Council could decide to have Richfield provide its own public health nursing services. The cost of hiring the nursing staff necessary to provide the same level of services and administrative support would be more than our current expenditures and would require a budget increase. V. ATTACHMENTS • 2012 Bloomington Public Health Contract VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGREEMENT BETWEEN THE CITIES OF BLOOMINGTON AND RICHFIELD TO PROVIDE COMMUNITY HEALTH SERVICES THIS AGREEMENT, made and entered into this day of , by and between the City of Bloomington, a Minnesota municipal corporation, in the County of Hennepin, State of Minnesota ("Bloomington"), and the City of Richfield, a Minnesota municipal corporation, in the County of Hennepin, State of Minnesota ("Richfield"). WITNESSETH: WHEREAS, Bloomington warrants and represents that its Division of Public Health is a duly certified public health agency operating in accordance with all applicable federal and state requirements; and WHEREAS, Bloomington's Division of Public Health provides community health services, including, but not limited to public health nursing services (including home visiting), public health clinics, health education, health promotion services, disease prevention and control, health planning, and program administration; and WHEREAS, Richfield wishes to promote, support, and maintain the health of its residents by providing community health services such as health education, communicable disease programs, public health nursing services, health assessment, counseling, teaching, and evaluation in the community, home and clinic setting at a nominal fee to those making use of such services, and to contract with Bloomington for Bloomington, through its Division of Public Health, to provide such services to residents of Richfield; and WHEREAS, the governing bodies of Bloomington and Richfield are authorized by Minnesota Statutes, Section 145A.04, Subdivision 5, and by Minnesota Statutes, Section 471.59, Subdivision 10, to provide community health services and to enter into agreements with each other for the providing by Bloomington of community health services to residents of Richfield; and c9- WHEREAS,WHEREAS, through this contractual arrangement the provision of community health services will enable Richfield to document progress toward the achievement of statewide outcomes, as stated in Minnesota Statutes, Section 145A.10, Subdivision 5. NOW, THEREFORE, the parties hereto, and for consideration of the covenants hereinafter set forth, agree as follows: 1. Bloomington, through its Division of Public Health, agrees to provide residents of Richfield with community health services (hereinafter called "Health Services"), which includes activities designed to protect and promote the health of the general population within a community health th service area by emphasizing the prevention of disease, injury, disability, and preventable death through the promotion of effective coordination and use of community resources, and by extending health services into the community. 2. In addition, Bloomington will also provide Title V Maternal Child Health (MCH) services to women of childbearing age, infants, children and adolescents, and Temporary Assistance to Needy Families (TANF) services to qualifying women and children. The required services, reports and documentation for these programs are the responsibility of Bloomington and payment of these services is made directly to Bloomington from the Minnesota Department of Health. These grant dollars are not a part of this Agreement. In 2012, Richfield's Title V MCH grant award is $38,411.00 and the TANF award is $45,150.00. 3. Bloomington agrees to provide community health services to the residents of Richfield utilizing the same quality and kind of personnel, equipment and facilities as health services are provided and rendered to residents of Bloomington. 4. Bloomington shall provide the health services pursuant hereto on a confidential basis, using capable, trained professionals. 5. All Health Services to be rendered hereunder by Bloomington shall be rendered pursuant to and subject to public health policies, rules, and procedures now or hereafter, from time to time, adopted by the Bloomington City Council, and in full compliance with all applicable state and federal laws, provided, however, that (i) no policy, rule, or procedure hereafter adopted by the Bloomington City Council shall in any way affect, modify, or L{�-3 change the obligations, duties, liabilities, or rights of the parties hereto as set out in this Agreement, or reduce or detract from the kind, quality, and quantity of Health Services to be provided hereunder by Bloomington to residents of Richfield, and (ii) all such policies, rules and procedures shall be uniformly applied to all persons receiving Health Services from Bloomington, whether residents of Richfield, Bloomington, or any other municipality. Richfield agrees to adopt the same policies, rules, and procedures as are from time to time adopted by Bloomington, if determined by Richfield to be necessary or desirable to facilitate or regulate the provision of Health Services by Bloomington to residents of Richfield pursuant hereto. 6. Richfield agrees to pay Bloomington, for Health Services provided pursuant to this Agreement according to the following terms: a. The annual sum of$199,190.00 shall be paid in quarterly payments of $49,797.50 to Bloomington within fifteen (15) days of the receipt by Richfield of each of the statements to be given pursuant to Paragraph 6.B hereof, subject, however, to the provisions of Paragraph 6.0 hereof. b. On April 15, July 15, and October 15, 2012 and on January 15, 2013, Bloomington shall send Richfield a statement, certified by Bloomington's Division of Public Health as being true and correct, and covering the period of three (3) calendar months preceding the month in which the statement is given. The statement will set forth, in such detail as Richfield shall reasonably require, the numbers of persons served, the kinds of Health Services delivered, the locations where such services were delivered, and such other information as Richfield shall reasonably request. c. Should any dispute arise over this Agreement, Richfield shall pay for any undisputed charges for the previous three (3) month period when due. Disputed amounts will be addressed by both parties. If no agreeable solution is reached, the dispute will be handled pursuant to Paragraph 21. 7. In the event Richfield desires to inspect the financial books and records of Bloomington related to the providing of Health Services hereunder by Bloomington, Bloomington shall make its financial books and records available at the Bloomington City Hall for inspection and copying by Richfield, or any agent, employee, or representative of Richfield, at reasonable business hours. 8. It shall be the sole responsibility of Bloomington to determine the qualifications, functions, training, and performance standards for all health service personnel who render Health Services under this Agreement; provided, however, that Bloomington agrees that all such personnel shall be capable, trained professionals. 9. Bloomington's Division of Public Health will communicate with Richfield relative to Health Services to be performed hereunder by Bloomington, such communication to be in the form of reports, conferences, or consultations, as the respective Richfield departments shall request. All reports relating to the providing of Health Services that are given by Bloomington's Division of Public Health to the Bloomington City Council or to the City Manager during the term of this Agreement shall also be given to Richfield. 10. Bloomington also agrees to send to Richfield an annual report describing the activities performed and Health Services rendered pursuant to this Agreement. Such report shall be in such detail and form as Richfield may reasonably request. The annual report shall be sent with and in addition to the last quarterly report acquired by Paragraph 6.B hereof. Also, at Richfield's request, made not more than two (2) times during the term of this Agreement, responsible administrative officers of Bloomington's Division of Public Health shall attend meetings of the Richfield City Council or appropriate board or commission to answer questions and give further information relative to the activities performed and Health Services rendered under this Agreement. 11. Bloomington hereby agrees to maintain in force its present policy of commercial general liability insurance in compliance with Minnesota Statutes, Section 466, and professional liability coverage in the amount of$1.5 million dollars ($1,500,000) per occurrence and $1.5 million dollars ($1,500,000) in aggregate for the term of this contract. Said policy shall be with an insurance company authorized to do business in Minnesota. If requested, the City of Bloomington will provide a certificate of insurance evidencing such coverage. Upon request, Richfield may be named as an additional insured on Bloomington's commercial general liability insurance only. u�- J 12. Bloomington shall further require personal medical malpractice insurance coverage by its physicians and other licensed professionals with whom Bloomington has a contract for professional services. 13. This Agreement shall be for a period of from January 1, 2012, to December 31, 2012, provided that either party may terminate the same by one hundred twenty (120) days written notice to the other. Upon such termination, all obligations and liabilities of the parties hereunder shall cease and terminate, except the provisions of Paragraph 11 and 12 hereof shall continue and survive such termination. Also, in the event of termination pursuant hereto, the quarterly payment next due shall be prorated and paid for only the period ended on the date of termination, and Bloomington shall send to Richfield, within thirty (30) days after such termination, a report in the form of, and in lieu of, the annual report required by Paragraph 10 hereto, and Richfield shall pay such reduced quarterly payment for the period ended on the date of termination, within fifteen (15) days after receipt of both such reports. 14. Bloomington and Richfield understand and agree that each of them shall apply and qualify, independently and separately, for any and all grants, matching funds, and payment of all kinds from state, federal, and other governmental bodies relating to, or for the provision of, any or all of the Health Services, and any and all such grants, matching funds, and payments shall belong to the recipient and be used and applied as the recipient thereof shall determine, without regard to this Agreement. 15. All notices, reports, or demands required or permitted to be given under this Agreement shall be in writing and shall be deemed to be given when delivered personally to an officer of the party to which notice is being given, or when deposited in the United States mail in a sealed envelope, with registered or certified mail, postage prepaid thereon, addressed to the parties at the following addresses: To Bloomington: 1800 West Old Shakopee Road Bloomington, Minnesota 55431 Attention: City Manager / ' r(tcs To Richfield: 6700 Portland Avenue South Richfield, Minnesota 55423 Attention: City Manager Such addresses may be changed by either party upon notice to the other party given as herein provided. 16. The parties agree to comply with the following laws and regulations: a. Richfield agrees to comply with the Americans With Disabilities Act and agrees to hold harmless and indemnify the City of Bloomington from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought by third parties alleging a violation of ADA by Richfield. Bloomington agrees to hold harmless and indemnify Richfield from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought by third parties alleging a violation of ADA by Bloomington. The City of Bloomington does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Bloomington has designated coordinators to facilitate compliance with the Americans With Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. For information contact the Human Services Division, City of Bloomington, 1800 Old West Shakopee Road, Bloomington, Minnesota 55431; telephone (952) 563-8700; TTY: (952) 563-8740. b. The parties agree to comply with the Minnesota State Human Rights Act, Minnesota Statutes, Section 363A. 17. Non-Assignment. The parties agree that this Agreement shall not be assignable except at the written consent of both parties. 18. Scope of Agreement. This Agreement represents the entire Agreement between Richfield and Bloomington and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter Z-11 -47 hereof; and amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. 19. Each party will comply with all applicable provisions of the Minnesota Government Data Practices Act, Chapter 13 of the Minnesota Statutes. 20. Liability for Richfield and Bloomington shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466. Nothing in this Section is intended or shall operate as a waiver of any defenses or limitations on liability available under the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466. The provisions of this Section are not intended for the benefit of any third party. In the event of any claims or actions filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. 21. Bloomington and Richfield agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The mediation shall be conducted through the Mediation Center, 1536 Hewitt Avenue, St. Paul, Minnesota 55104. The parties hereto shall decide whether mediation- shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed and their corporate seal to be affixed hereto the day and year first above written. CITY OF BLOOMINGTON: Dated: By: Its Mayor Dated: By: Its City Manager Reviewed and approved by the City Attorney. City Attorney CITY OF RICHFIELD: Dated: By: Its Mayor Dated: By: Its City Manager AGENDA SECTION: CONSENT AGENDA ITEM# 4L REPORT# 12 =NAN STAFF REPORT RICHFIELD CITY COUNCIL MEETING JANUARY 10, 2012 REPORT PREPARED BY: JIM TOPITZHOFER,RECREATION SERVICES DIRECTOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: Fa A . __--- . / /PP Fir f / 'A. • ;..."...)_______ REVIEWED BY CITY MANAGER: F A / /_A__,,INP ■ I'T'EM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing the City of Richfield to participate in the Minnesota GreenStep Cities Program I. RECOMMENDED ACTION: By Motion: Approve the resolution authorizing the City of Richfield to participate in the Minnesota GreenStep Cities Program. II. BACKGROUND Launched in June, 2010 by the Minnesota Pollution Control Agency, Minnesota GreenStep Cities is a voluntary challenge, assistance and recognition program to help cities achieve their sustainability goals through implementation of a number of best practices. These best practices focus on cost savings and energy use reduction. The Richfield City Council discussed the merits of participating in this program at a study session on October 25, 2011. Staff reported that the City has already completed or partially completed 14 of the 16 best practices needed to achieve the highest step in the program. Council directed staff to make preparations to proceed getting involved with the program. The first step of the program is to complete the following: • Assign a City representative and advisory group; • Conduct an inventory of completed, planned and desired best practices; • Approve a resolution of intent; • Register and post initial information on the GreenStep Cities web site. 0110 GreenStep Cities Resolution Jim Topitzhofer, Recreation Services Director, will serve as the City representative and will lead a group of staff to begin work on the remaining best practices to complete. The group will seek input from the Community Services Commission in selecting and planning the execution of remaining best practices. III. BASIS OF RECOMMENDATION A. POLICY • The attached resolution serves as an official notice that the City will participate in the GreenStep Cities Program and is a requirement of the program. B. CRITICAL TIMING ISSUES • None C. FINANCIAL • There are no anticipated costs to participate in the GreenStep Cities Program, however, the purpose of the program is to find ways to reduce energy consumption and possibly lower energy costs. D. LEGAL • None E. ENVIRONMENTAL CONSIDERATIONS • The key premise of the GreenStep Cities Program is to reduce the City's impact on the environment through the reduction of fossil fuels. IV. ALTERNATIVE RECOMMENDATIONS) • None V. ATTACHMENTS • Council Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING N/A RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO PARTICIPATE IN THE MINNESOTA GREENSTEP CITIES PROGRAM WHEREAS, uncertainty in energy prices and the transition away from fossil fuel energy sources present new challenges and opportunities to both the City of Richfield and to the economic health of its citizens and businesses; and WHEREAS, local governments have the unique opportunity to achieve energy reductions through building and facilities management; land use and transportation planning; environmental management; and through economic and community development; and WHEREAS, efforts to address energy and climate issues provide an opportunity to move toward energy self-reliance and greater community resiliency; provide environmentally healthy and cheaper-to-operate public buildings; encourage new economic development and local jobs; and support local food and renewable energy production; and WHEREAS, the City of Richfield has recently completed a number of energy saving building projects, including the new Municipal Center, Public Works Building and major mechanical replacement at the Ice Arena: and WHEREAS, Minnesota Session Laws 2008, Chapter 356, Section 13 directed the Minnesota Pollution Control Agency ("MPCA") and Office of Energy Security in the Department of Commerce ("Office of Energy Security"), in collaboration with Clean Energy Resource Teams ("CERTs"), to recommend municipal actions and policies that work toward meeting the State's greenhouse gas emissions reduction goals; and WHEREAS, a broad coalition of public and private stakeholders including the League of Minnesota Cities, the MPCA, Office of Energy Security and CERTs responded to the 2008 legislation by establishing the Minnesota GreenStep Cities program to provide a series of sustainable development best practices focusing on local government opportunities to reduce energy use and greenhouse gases; and WHEREAS, the Minnesota GreenStep Cities program assists in facilitating technical assistance for the implementation of these sustainable development best practices. NOW, THEREFORE, BE IT RESOLVED that the Richfield City Council does hereby authorize the City of Richfield (the "City") to participate in the Minnesota GreenStep Cities program. Be it further resolved that the City: • Appoints Jim Topitzhofer, Recreation Services Director, to serve as the City's GreenStep coordinator to facilitate best practice implementation through a work group of selected staff; and • Will facilitate the involvement of the Community Services Commission, community members, civic, business and educational organizations, and other units of government as appropriate in the planning, promoting and implementing of GreenStep Cities best practices; and L1L - a • Will identify a short list of best practices for initial implementation by April 1, 2012; and • Will claim credit for having implemented and will work toward implementing at least 16 required and optional GreenStep best practices that will result in energy use reduction, economic savings and reduction in the community's greenhouse gas footprint. A summary of the city's implementation of best practices will be posted on the Minnesota GreenStep Cities web site. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of January, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 4M REPORT# 13 STAFF REPORT RICHFIELD CITY COUNCIL MEETING JANUARY 10, 2012 REPORT PREPARED BY: JEFF PEARSON, TRANSPORTATION ENGINEER NAME,TITLE DEPARTMENT DIRECTOR EF REVIEW: Lei- - REVIEWED BY CITY v' MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of renewal of expired Agency Agreement between the City and the Minnesota Department of Transportation to authorize Mn/DOT to pass through federal funds to the City for previous planning and design of two bicycle routes in the City. I /I I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing approval of Agency Agreement No. 93492 between the Minnesota Department Of Transportation (Mn/DOT) and the City of Richfield to authorize Mn/DOT to pass through federal funds for previous planning and design of two bike routes in Richfield. II. BACKGROUND The City received Federal grants in 2008 under the Non-Motorized Transportation Pilot (NTP) Program for the creation of two bike routes within Richfield. After significant public involvement and Transportation Commission recommendation, the selected routes were approved for construction by City Council action on February 8, 2011. Need for Renewal of Expired Agreement The original Agency Agreement No. 93492 between Mn/DOT and the City of Richfield that was approved on October 28, 2008 has since expired. The new agreement would replace the expired document. An additional agreement (No. 99916) approved by City Council action on November 15, 2011 was for future 011012NTPPIanningAgreement construction of the bike routes only and did not cover previous planning and design work that has been completed. III. BASIS OF RECOMMENDATION A. POLICY • Both routes have previously been identified in the City's Comprehensive Plan. (Appendix 6E & 6F) • Council approved the previous agreement on October 28, 2008 and the construction of the bike routes on February 8, 2011. B. CRITICAL TIMING ISSUES • The new agreement must be approved before the City can be reimbursed for the planning and design of the projects. C. FINANCIAL • The federal funds will cover 100% of the consultant planning and design costs for both projects. • There is no cost to the City for Mn/DOT to pass through the federal funds. D. LEGAL • The City Attorney has reviewed the attached agreement. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Council may choose to not approve the agreement. This would result in the return of the grant dollars to the NTP Program and require the City to cover the cost of planning and design to date. V. ATTACHMENTS • Resolution approving Agency Agreement No. 93492 • Mn/DOT Agency Agreement No. 93492 VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. RESOLUTION AUTHORIZING ACCEPTANCE OF AGENCY AGREEMENT NO. 93492 BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF RICHFIELD FOR FEDERAL PARTICIPATION IN TWO NON-MOTORIZED TRANSPORTATION PILOT PROGRAM PROJECTS WHEREAS, the City of Richfield has proposed two bike routes, the first follows along the south side of Highway 62 from Penn Avenue to Girard Avenue and continues to 75th Street via Humboldt Avenue and the second is follows Bloomington Avenue from 63rd Street to Diagonal Blvd continuing along 73rd Street to Portland Avenue and to 76th Street via 12th Avenue; and WHEREAS, both projects are eligible for federal funds under the Non-Motorized Transportation Pilot Program and are identified by the Minnesota Department of Transportation as State Projects SP 157-091-02 and SP 157-091-03. NOW, THEREFORE, BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the City of Richfield to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. BE IT FURTHER RESOLVED, that the Mayor and the City Manager are hereby authorized and directed for and on behalf of the City to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No. 93492," a copy of which said agreement was before the City Council and which is made a part hereof by reference. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of January, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk Mn/DOT Agreement No. 93492 STATE OF MINNESOTA AGENCY AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION AND CITY OF RICHFIELD FOR FEDERAL PARTICIPATION IN PRELIMINARY ENGINEERING FOR S.P. 157-091-02 and 157-091-03; M.P.NMTP 2709(118) and NMTP 2709(119) This agreement is entered into by and between City of Richfield("City") and the State of Minnesota acting through its Commissioner of Transportation("Mn/DOT"), Pursuant to Minnesota Statutes Section 161.36, the City desires Mn/DOT to act as the City's agent in accepting federal funds on the City's behalf for the construction, improvement, or enhancement of transportation financed either in whole or in part by federal funds, hereinafter referred to as the "Project"; and The City is proposing two federal aid projects to develop construction plans for projects to increase bicycle safety and use within the City of Richfield, hereinafter referred to as the "Preliminary Engineering;" and The Preliminary Engineering for the Oliver Avenue bicycle street is eligible for the expenditure of federal aid funds, and is identified in Mn/DOT records as State Project 157-091- 02, and in Feder al Highway Administration ("FHWA") records as Minnesota Project NMTP 2709(118); and The Preliminary Engineering for Stage 2 of the Richfield Parkway is eligible for the expenditure of federal aid funds, and is identified in Mn/DOT records as State Project 157-091- 03, and in Federal Highway Administration ("FHWA") records as Minnesota Project NMTP 2709(119); and A previous agreement written for these projects expired before funds were requested so it has been reexecuted to allow for reimbursement; and Mn/DOT requires that the terms and conditions of this agency be set forth in an agreement. THE PARTIES AGREE AS FOLLOWS: I. DUTIES OF THE CITY. A. DESIGNATION. The City designates Mn/DOT to act as its agent in accepting federal funds in its behalf made available for the Project. (Mn/DOT Agreement No. 93492) Page 1 LI In B. ELIGIBILITY/COSTS. 1. The estimated cost of the Preliminary Engineering for Oliver Avenue is $18,025. It is anticipated that 100% (up to $ 18,025) of the cost of the Preliminary Engineering is to be paid from federal funds made available by the FHWA. The City will pay any part of the cost or expense of the work that the FHWA does not pay. 2. The estimated cost of the Preliminary Engineering for Stage 2 of Richfield Parkway is $23,000. It is anticipated that 100% (up to $ 23,000) of the cost of the Preliminary Engineering is to be paid from federal funds made available by the FHWA. The City will pay any part of the cost or expense of the work that the FHWA does not pay. 3. Any costs incurred by the City prior to authorization of the Federal Funds,will not be eligible for federal participation. 4. Eligible cost and expense, if approved,may consist of the following: a) The cost of conducting the environmental studies and development of construction plans and specifications for the above referenced projects. b) The direct labor charges for City employees for the time that said employees are performing work pursuant to this agreement must be documented in a Public Interest Finding and approved by the FHWA. Said labor charges may include the prorata share of"labor additives" applicable to said labor charges. Costs to the City.of"labor additives" consisting of holiday pay,vacation, sick leave, retirement,pension,unemployment taxes, compensation and liability insurance, lost time charges and similar costs incidental to labor employment will be reimbursed only when supported by adequate records. c) The applicable equipment rental charges for City owned equipment used by the City and mileage charges for employee owned vehicles used by the City on work performed pursuant to this agreement, at rates reflective of the City actual cost. d) Expenditures for materials, supplies,mechanical data processing and equipment rental, limited to the actual expenditures for the purposes of this agreement. e) The cost incurred by the City to employ outside forces to perform any or all of the work pursuant to this agreement, subject to the provisions of section I.D. SUBLETTING. 5. Expenditures for general administration, supervision,maintenance and other overhead or incidental expenses of the City are not eligible for federal participation. 6. Acceptability of costs under this agreement will be determined in accordance with (Mn/DOT Agreement No. 93492) Page 2 the cost principles and procedures set forth in the applicable Federal Acquisition Regulations, Contract Cost Principals and Procedures, 48 Code of Federal Regulations (CFR) 31 which is hereby incorporated by reference and made a part of this agreement. 7. For costs expected to exceed$ 41,025 the City must request the preparation and execution of a supplement to this agreement,prior to incurring such costs. C. STAFFING. 1. The City will designate a publicly employed registered engineer, ("Project Engineer"), to be in responsible charge of the Project and to supervise and direct the work performed under any contract let for the Project. If City elects to use a private consultant for engineering services, the City will provide a qualified, full- time public employee of the City, to be in responsible charge of the Project. The services of the City to be performed pursuant to this agreement may not be assigned, sublet, or transferred unless the City is notified in writing by Mn/DOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written consent will in no way relieve the City from its primary responsibility for performance of the work. 2. During the progress of the work on the Project, the City authorizes its Project Engineer to request in writing specific engineering and/or technical services from Mn/DOT, pursuant to Minnesota Statutes Section 161.39. Such services may be covered by other technical service agreements. If Mn/DOT furnishes the services requested, and if Mn/DOT requests reimbursement, then the City will promptly pay Mn/DOT to reimburse the state trunk highway fund for the full cost and expense of furnishing such services. The costs and expenses will include the current Mn/DOT labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. Provision of such services will not be deemed to make Mn/DOT a principal or co-principal with respect to the Project. 3. The City will furnish the personnel, services, supplies, and equipment necessary to properly supervise, inspect, and document the work for the Project. D. SUBLETTING. The City will prepare request for proposals in accordance with Minnesota law and applicable Federal laws and regulations. 1. The City will solicit proposals for Preliminary Engineering after obtaining written notification from Mn/DOT that the FHWA has authorized the Project. Any Project advertised prior to authorization will not be eligible for federal reimbursement. 2. The City will prepare the request for proposal, which will include all of the federal-aid provisions supplied by Mn/DOT. 3. The City will prepare and publish the proposals solicitation for the Project as required by state and federal laws. The City will include in the solicitation the (Mn/DOT Agreement No. 93492) Page 3 required language for federal-aid contracts as supplied by Mn/DOT. The solicitation will state where the City will receive the sealed proposals. 4. The City may not include other work in the contract for the authorized Project without obtaining prior notification from Mn/DOT that such work is allowed by FHWA. Failure to obtain such notification may result in the loss of some or all of the federal funds for the Project. 5. The City will prepare proposal packages and prepare and distribute any addendums, if needed. 6. The City will receive open, and evaluate proposals. 7. After the proposals are opened, the City will consider the proposals begin negotiations on the price of the Preliminary Engineering in accordance with the practice commonly known as Quality Based Selection. If the proposal contains a goal for Disadvantaged Business Enterprises, the City will not award the bid until it has received certification of the Disadvantaged Business Enterprise participation from the Mn/DOT Equal Employment Opportunity Office. 8. This written consent will in no way relieve the City from its primary responsibility for performance of the work. Subcontractor agreements must contain all appropriate terms and conditions of this agreement. E. CONTRACT ADMINISTRATION. 1. The City will request approval from Mn/DOT for all costs in excess of the amount of federal funds previously approved for the Project prior to incurring such costs. Failure to obtain such approval may result in such costs being disallowed for reimbursement. 2. The City will prepare reports, keep records, and perform work so as to enable Mn/DOT to collect the federal aid sought by the City. The City will retain all records and reports in accordance with Mn/DOT's record retention schedule for federal aid projects. 3. Upon completion of the Project, the Project Engineer will determine whether the work will be accepted. F. PAYMENTS. 1. The entire cost of the Project is to be paid from federal funds made available by the FHWA and by other funds provided by the City. The City will pay any part of the cost or expense of the Project that is not paid by federal funds. 2. The City may request partial payments not more than once each thirty (30) days. The Project Engineer will certify each partial payment. (Mn/DOT Agreement No. 93492) Page 4 CO 3. The invoice and supplements thereto, will contain all details that may be necessary for a proper audit. Such details will consist of at least the following: (a) A breakdown of labor by individual, classification, dates and hours worked times the applicable rate to arrive at a total dollar amount for each individual. (b) The labor additive shall be applied to total labor dollars. (c) The equipment charges shall be broken down by type of equipment times the applicable rate and dates used to arrive at total equipment charges. (d) A detailed breakdown of outside services used and supporting invoices and documentation that costs of outside services have been paid. (e) Detail for materials, supplies, and other items with the description, units, and unit prices included in the invoice. If materials or supplies are purchased from an outside source, a copy of that invoice should be included. (f) The invoices will include 100%of eligible charges applicable to the Preliminary Engineering so that the prorata share of federal and City participation can be applied to the total costs. 4. Following certification of the final estimate, the City may request reimbursement for costs eligible for federal funds. The City's request will be made to Mn/DOT and will include a copy of the certified final estimate along with the required records. 5. Reimbursement of costs under this agreement will be based on actual costs. G. LIMITATIONS. 1. The City will comply with all applicable Federal, State, and local laws, ordinances, and regulations. 2. Nondiscrimination. It is the policy of the FHWA and the State of Minnesota that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance (42 U.S.C. 2000d). Through expansion of the mandate for nondiscrimination in Title VI and through parallel legislation, the prescribed bases of discrimination include race, color, sex, national origin, age, and disability. In addition, the Title VI program has been extended to cover all programs, activities and services of an entity receiving Federal financial assistance, whether such programs and activities are Federally assisted or not. Even in the absence of prior discriminatory practice or usage, a recipient in (Mn/DOT Agreement No. 93492) Page 5 administering a program or activity to which this part applies, is expected to take affirmative action to assure that no person is excluded from participation in, or is denied the benefits of, the program or activity on the grounds of race, color, national origin, sex, age, or disability. It is the responsibility of the City to carry out the above requirements. 3. Workers' Compensation. Any and all employees of the City or other persons while engaged in the performance of any work or services required or permitted by the City under this agreement will not be considered employees of Mn/DOT, and any and all claims that may arise under the Workers' Compensation Act of Minnesota on behalf of said employees, or other persons while so engaged, will in no way be the obligation or responsibility of Mn/DOT. The City will require proof of Workers' Compensation Insurance from any contractor and sub- contractor. H. AUDIT. 1. The City will comply with the Single Audit Act of 1984 and Office of Management and Budget (OMB) circular A-133 including amendments and successors thereto, which are incorporated herein by reference. 2. As provided under Minnesota Statutes Section 16C.05, subdivision 5, all books, records, documents, and accounting procedures and practices of the City are subject to examination by the United States Government, Mn/DOT, and either the Legislative Auditor or the State Auditor as appropriate, for a minimum of six years. The City will be responsible for any costs associated with the performance of the audit. MAINTENANCE. The City assumes full responsibility for the operation and maintenance of any facility constructed or improved under this Agreement. J. CLAIMS. The City acknowledges that Mn/DOT is acting only as the City's agent for acceptance and disbursement of federal funds, and not as a principal or co- principal with respect to the Project. The City will pay any and all lawful claims arising out of or incidental to the Project including, without limitation, claims related to contractor selection (including the solicitation, evaluation, and acceptance or rejection of bids or proposals), acts or omissions in performing the Project work, and any ultra vices acts. The City will indemnify, defend (to the extent permitted by the Minnesota Attorney General), and hold Mn/DOT harmless from any claims or costs arising out of or incidental to the Project, including reasonable attorney fees incurred by Mn/DOT. The City's indemnification obligation extends to any actions related to the certification of DBE participation, even if such actions are recommended by Mn/DOT. II. DUTIES OF Mn/DOT. A. ACCEPTANCE. Mn/DOT accepts designation as Agent of the City for the receipt and disbursement of federal funds and will act in accordance herewith. (Mn/DOT Agreement No. 93492) Page 6 y rv\ S B. PROJECT ACTIVITIES. 1. Mn/DOT will make the necessary requests to the FHWA for authorization to use federal funds for the Project, and for reimbursement of eligible costs pursuant to the terms of this agreement. 2. Mn/DOT will provide to the City copies of the required Federal-aid clauses to be included in the proposal solicitation and will provide the required Federal-aid provisions to be included in the Proposal. 3. Mn/DOT will review and certify the DBE participation and notify the City when certification is complete. If certification of DBE participation cannot be obtained, then the City must decide whether to proceed with awarding the contract. Failure to obtain such certification will result in the project becoming ineligible for federal assistance, and the City must make up any shortfall. C. PAYMENTS. 1. Mn/DOT will receive the federal funds paid by the FHWA for the Project, pursuant to Minnesota Statutes § 161.36, Subdivision 2. 2. Mn/DOT will review and certify each partial pay request. Following certification of the partial estimate, Mn/DOT will reimburse the City, from said federal funds made available to the Project, for each partial payment request, subject to the availability and limits of those funds. 3. Upon completion of the Project, the City will prepare a final payment request in accordance with the terms of this agreement. Mn/DOT will review and certify the final payment request with a final audit. 4. No more than 90% of the reimbursement due under this agreement will be paid until completion of the final audit and approval by Mn/DOT's authorized representative. 5. If Mn/DOT does not obtain funding from the FHWA or other funding source, or funding cannot be continued at a sufficient level to allow for the processing of the federal aid reimbursement requests, the City may continue the work with local funds only, until such time as Mn/DOT is able to process the federal aid reimbursement requests. D. AUTHORITY. Mn/DOT may withhold federal funds, if Mn/DOT or the FHWA determines that the Project was not completed in compliance with federal requirements. E. INSPECTION. Mn/DOT, the FHWA, or duly authorized representatives of the state and federal government will have the right to audit, evaluate and monitor the work performed under this agreement. The City will make available all books, records, and documents pertaining to the work hereunder, for a minimum of seven years following the closing of the construction contract. (Mn/DOT Agreement No. 93492) Page 7 4m - q III. AUTHORIZED REPRESENTATIVES. Each authorized representative will have responsibility to administer this agreement and to ensure that all payments due to the other party are paid pursuant to the terms of this agreement. A. The City authorized representative Elizabeth Finnegan, Transportation Engineer, City of Richfield, 6700 Portland Avenue,Richfield,MN 55423-2599,phone 612- 861-9793 or her successor. B. Mn/DOT's authorized representative is Lynnette Roshell, Minnesota Department of Transportation, State Aid for Local Transportation, 395 John Ireland Boulevard, Mail Stop 500, St Paul, MN 55155,phone 651-366-3822, or her successor. IV. TORT LIABILITY. Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of any others and the results thereof. The Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, governs Mn/DOT liability. V. ASSIGNMENT. Neither party will assign or transfer any rights or obligations under this agreement without prior written approval of the other party. VI. AMENDMENTS. Any amendments/supplements to this Agreement must be in writing and be executed by the same parties who executed the original agreement, or their successors in office. VII. TERM OF AGREEMENT. This agreement will be effective upon execution by the City and by appropriate State officials, pursuant to Minnesota Statutes Section 16C.05, and will remain in effect for two (2) years from the effective date or until all obligations set forth in this agreement have been satisfactorily fulfilled, whichever occurs first. VIII. TERMINATION. This agreement may be terminated by the City or Mn/DOT at any time, with or without cause, upon ninety(90) days written notice to the other party. Such termination will not remove any unfulfilled financial obligations of the City as set forth in this Agreement. In the event of such a termination the City will be entitled to reimbursement for Mn/DOT-approved federally eligible expenses incurred for work satisfactorily performed on the Project to the date of termination subject to the terms of this agreement. (Mn/DOT Agreement No. 93492) Page 8 y�- 1O IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. CITY DEPARTMENT OF TRANSPORTATION City certifies that the appropriate person(s) have executed the contract on its behalf as required by By: applicable resolutions,ordinances, or charter provisions Title: Director, State Aid for Local Transportation By: Date: Date: COMMISSIONER OF ADMINISTRATION Title: By: Date: By: Date: Title: (Mn/DOT Agreement No. 93492) Page 9 AGENDA SECTION: CONSENT AGENDA ITEM# 4N , REPORT# 14 STAFF REPORT RICHFIELD CITY COUNCIL MEETING JANUARY 10, 2012 REPORT PREPARED BY: PAM DMYTRENKO,ASSISTANT CITY MANAG R/HR MANAGER ENV 0' / REVIEWED BY CITY MANAGER: ' ITEM FOR COUNCIL CONSIDERATION: Consideration of adoption of the Richfield Municipal Center Room Reservation Policy and Guidelines, rescission of Resolution #6237 and amending Appendix D to reflect the new fees and charges. I. RECOMMENDED ACTION: By Motion: 1. Adopt the Richfield Municipal Center Room Reservation Policy & Guidelines; and 2. Rescind Resolution #6237 which is the current standing policy; and 3. Amend Appendix D to reflect the new fees and charges. II. BACKGROUND In order for the public conference rooms in the new Richfield Municipal Center to be rented to the public for use, a new policy must be adopted by the City Council. The new policy outlines building use guidelines, the procedure for room rental, the rental rate structure, and the fees associated with room rental. Staff has developed the rental policy for Council consideration after significant research into other cities' policies and rental rates and from feedback received from the City Council at its October 11, 2011 work session. The proposed rental fees and other charges are competitive with other surrounding cities. More importantly, the fees do not create competition with the City's other rental facilities, such as the Community Center. 0110Room Reservation Policy The proposed room rental rates and fee classifications are similar to the City's Community Center rates. The Municipal Center rental policy also distinguishes between uses appropriate for the Community Center versus uses more appropriate for a professional building, As well as adopting the proposed policy, Council must rescind Resolution #6237 which serves as the current rental policy. This resolution is outdated (May 1980) and is not applicable to the new Municipal Center. Finally, it is proposed that Appendix D be amended to reflect the new rental fees and charges associated with the rental of rooms in the Richfield Municipal Center. . III. BASIS OF RECOMMENDATION A. POLICY • A new policy which governs Richfield Municipal Center room rentals and fees is necessary in order to address the requests for room use by the public and to capture reasonable fees associated with the costs of such rentals. • The current policy (Resolution #6237) is outdated and not applicable to the new facility. B. CRITICAL TIMING ISSUES • City staff has already received many room rental requests. Therefore, it is critical that a new policy and guidelines are adopted as soon as possible so that room rentals can be processed and fees be collected. C. FINANCIAL • The rental rate structure is outlined in the new policy. Rental fees are based on a sliding scale according to user priority as well as the nature of the organization and its ability to pay. • The rental rates and other charges are necessary in order for the City to cover costs incurred from rentals such as wear and tear, utility costs, equipment use, cleaning and staff time. The City also must annually purchase a Type 3 Establishment food license in order for food to be served. The recommended fees also try to capture this cost. • The rental rates are comparable to surrounding cities as well as to other Richfield-owned facilities (e.g. Community Center). D. LEGAL • The City Attorney has reviewed the policy. E. ENVIRONMENTAL CONSIDERATIONS • NA. IV. ALTERNATIVE RECOMMENDATION(S) • Amend the policy and proceed with its adoption. • Defer policy adoption to another date. However, it is critical to get a policy in place as soon as possible in order to expedite room reservation requests. V. ATTACHMENTS • Richfield Municipal Center Room Reservation Policy & Guidelines. • Resolution #6237. • Appendix D. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RICHFIELD MUNICIPAL CENTER RENTAL POLICIES & GUIDELINES 1. INTRODUCTION The Richfield Municipal Center is operated by the City of Richfield under the policy and guidelines established by the Richfield city council. The facility contains three public meeting rooms and a service kitchen available for use on a rental basis by local civic, resident, non- resident, and profit-making groups. The council chambers and main lobby are special use areas that have very limited availability and which require the approval of the city manager. 2. PRIORITIES FOR USE Meetings related to the administration and operation of city government, including but not limited to city commission and advisory board meetings, have first priority for use of the facility so that city business may be conducted. The City reserves the right to preempt a non-city- related use, when necessary, to conduct essential city business. 3. RENTAL FACILITIES Bartholomew Room: (Large conference room) Seats up to 34 for meetings, 50 for training & 80 for lecture. Audio/visual equipment available for extra charge. Renters must supply their own laptop. A designated individual for the renter must have received training on the operation of the AV equipment prior to the day of the meeting/event. Training also ensures compatibility of the equipment. Food is allowed, subject to Section 10. Heredia Room: (Medium-sized conference room) Seats up to 22 for meetings, 28 for training &48 for lecture. Projector screen available. Renters must supply a projector if needed. Food is allowed, subject to Section 10. Fred Babcock Room: (Small conference room) One large table which seats up to 12. No audio/visual equipment available. Food is not allowed in this room. Service Kitchen: Available for rental in conjunction with the rental of at least one of the conference rooms. Wi-fi is available in the meeting rooms. Web browsing (HTTP and HTTPS) is supported on the wi-fi network. Other protocols, such as VPN, are not supported. 4. COUNCIL CHAMBERS This room is generally limited to official, local government meetings only, except as otherwise expressly approved by the city manager. Food and beverages are not allowed in this room. Because this room has a sophisticated video camera presentation system and studio lighting, only city staff may operate the equipment. 5. FEE CLASSIFICATIONS The Richfield city council establishes the following fee classifications for the purpose of setting fees. Specific fee charges are dependent on the type of group, requested facility, length of rental and staff time and/or equipment needed with consideration to the market place and other such factors as may be deemed relevant. Priority Levels of rental users (see detailed definitions in Section 12) yN -a Level 1A: Meetings, events &training conducted and/or sponsored by the City of Richfield and its boards and commissions, and quasi-city groups. Level 1B: Independent School Districts #280 & #287. Level 2: Local civic and non-profit groups & other governmental agencies. Level 3: Richfield resident groups (a majority of the members must be Richfield residents) Level 4: Non-resident groups and other groups. 6. RENTAL FEES & CHARGES Fee Classification Bartholomew Room Heredia Room Fred Babcock Room Up to 4 Up to 8 Up to 4 Up to 8 Up to 4 Up to 8 Hours Hours Hours Hours Hours Hours Level 4 user $300 $575 $250 $475 $200 $375 Level 3 user $60/hr $50/hr $40/hr Level 2 user $50/hr $40/hr $30/hr Level 1A & 1B user No charge *If a fee question arises, the city manager shall make all final determinations. 7. DAMAGE DEPOSIT A $100 damage deposit to cover damages and/or extraordinary cleaning costs is required at the time of reservation for all rental groups, with the exception of Level 1 & Level 2 renters. The City will charge a $30 service fee for any dishonored checks. The damage deposit will be refunded within 21 days after the reservation date if no deductions are necessary. Any damage or extraordinary cleaning that exceeds the amount of the damage deposit will be charged to the party responsible for the rental. 8. CANCELLATION POLICY Facility renters are eligible to receive a refund of the full amount of the rental fee when canceling a reservation prior to 7 days before the rental date. The City will refund fifty percent of the rental fee if the reservation is cancelled seven or fewer days prior to the rental date. 9. OTHER CHARGES: • Kitchen Rental - $40 per use (to cover costs associated with licensure & maintenance) • AudioNisual equipment - $20 per use • Requested or required onsite city staff services = 133% of staff member's salary/hour (minimum 2 hours) 10. BUILDING USE RULES • The following types of activities may not be held in the Municipal Center: ➢ Commercial, for-profit events such as sales solicitations, or seminars for the purpose of selling products or services; ➢ Religious services, prayer meetings or religious ceremonies; ➢ Social events or private parties, including wedding ceremonies, birthday parties, family reunions and receptions; ➢ Events where exterior signage or displays are required; ➢ Political party meetings, conventions, caucuses or fund raisers. LIN �3 • Smoking is prohibited throughout the building, outside on the plaza and in the adjacent park. A cigarette receptacle is located 20 feet from the main entrance, which is the only allowed area for smoking. • The consumption of alcoholic beverages in the Municipal Center, grounds, parking lot and adjacent park is a criminal offense. If alcohol is found on the premises, the event will be stopped immediately and rental fees and damage deposit will be forfeited. Violators will be charged and prosecuted. • Every group using the facility must be under competent adult (21+) supervision. The organizing user or group will assume full responsibility for the group's conduct and any damage to the building or equipment. Children must be attended by adults at all times and contained in the room rented. • Any damage to the facilities or equipment must be reported to the onsite staff person immediately or to the city clerk's office as soon as possible. The rental group will be responsible for the costs of any damages incurred or extra cleaning required. • Users take full responsibility for their group's conduct and for any loss, breakage or damage to the rooms, equipment or other Municipal Center property. The City of Richfield reserves the right to assign supervisory staff or maintenance personnel, at an additional cost to the users, if deemed necessary by the particular function or activity. • If a room has been rearranged by the user, it must be returned to its original condition. All trash and recycling must be picked up and put into receptacles. It is the responsibility of the user to leave the room in the condition in which it was provided. • The Richfield Municipal Center does not discriminate against or harass any applicant because of race, color, religion, national origin, sex, disability, age, marital status or status with regard to public assistance. • The Richfield Municipal Center is not liable for any loss, damage, injury or illness by the users of the facilities. Neither the City of Richfield nor its employees can be held responsible for any items that are left at the facility by the renter, caterer or contracted service. • Fees cover the use of reserved facilities according to the hours indicated on the Room Reservation application. This includes any necessary set-up time by the renter. Occupancy of the reserved facility after the time indicated on the agreement will result in an additional rental fee which will be deducted from the damage deposit or charged to the renter. • No decorations, banners or signs can be taped, pinned or affixed to the walls, ceilings or windows. • Signs may not be posted outside of the Municipal Center regarding a rental event. • The service kitchen is not designed for preparing food and may only be used for serving food that has been prepared offsite. User groups are responsible for providing their own utensils, serving ware, coffee and condiments. Separate instructions for the use and clean up of the service kitchen will be provided upon rental of this facility. The use of this facility must be strictly adhered to for safety considerations. • Food is allowed in the Bartholomew and Heredia Rooms, but is not allowed in the Fred Babcock Room. LiN • If serving any food other than coffee, bagels, donuts or cookies, the service kitchen MUST be reserved and used. • The Richfield Municipal Center does not provide linens or table skirts. • Candles are not allowed. • Orange and/or red color beverages are prohibited. • Because of limited parking during normal business hours from 8:00 a.m. — 5:00 p.m., rental groups with more than 20 expected attendees are highly recommended to car pool. Rental use will be denied if, in the City's assessment, there will be inadequate parking on the rental date to accommodate the event. • Violation of these rules can result in refusal of any future use of this facility. 11. RESERVATION PROCEDURES The Municipal Center facilities are available for rental on the following days and times: • Mondays through Thursdays, 7:00 am to 9:00 pm • Fridays, 8:00 am to 4:00 pm • Saturdays 8:00 am to 12:30 pm. The Municipal Center is closed to rentals on Sundays and legal holidays. A Richfield maintenance technician will generally be on site during use of the facilities. Your business or activity must be concluded no later than the hours indicated above in order for the building to be secured. • Reservations are required at least 14 days prior to the event, but no more than 60 days in advance. • Full payment of the room rental fee is due upon city approval of the room reservation application. • A Room Reservation Application must be submitted to the city clerk's office at least 14 days in advance of the requested reservation. Applications may be obtained at the Municipal Center Information Desk or on the City's website at www.cityofrichfield.org. Applications are reviewed and the rooms scheduled by the city clerk's office and, if applicable, the city manager. If food will be served, review and approval from the City's Environmental Health Division is also required. • All groups using the Municipal Center must have a city-approved room reservation application prior to facility use. One contact person must be designated to make all arrangements with Municipal Center staff. • Once an application has been approved, the holder cannot assign, transfer nor sublet to another party the use of the facility they reserved. • The hours stated on the room reservation application must be adhered to, as the facility will be opened for the applicant and closed at the times stated on the form. N -S 12. DEFINITIONS City programs, services, or activities Includes the programs and services administered by the City of Richfield and its boards and commissions. Quasi-city groups City-affiliated or city-supported groups such as the Richfield Fourth of July Committee, Richfield Visions, 494 Corridor Commission, I-35W Solutions Alliance (as well as other groups that have a council member or staff as a liaison). Local civic and non-profit groups Includes civic organizations, churches, athletic associations, fraternal groups, charitable organizations, or character building organizations and which possess current Minnesota non- profit exempt status and are devoted to social, educational, recreational and civic development or other like purposes. Resident Any person who resides primarily in the City of Richfield. Governmental agencies Includes county, state, and federal agencies. School Districts #280 & #287 Includes directly-related school activities as well as community education, curricular, co- curricular, and extra-curricular activities. Other groups Any group not covered by one of the other definitions in this section. If you have questions about this policy or guidelines, please contact: City Clerk, Nancy Gibbs, 612-861-9738, NGibbs @cityofrichfield.org; or Assistant City Manager, Pam Dmytrenko, 612-861-9708, PDmytrenko @cityofrichfield.org yN —to 107 RESOLUTION NO. 6237 RESOLUTION ESTABLISHING A POLICY TO REGULATE THE USE OF THE COUNCIL CHAMBERS LOCATED IN THE RICHFIELD CITY HALL BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: The following shall constitute city policy regulating the use of the Council Chambers: I. General Statement All organizations, except the City Council, official city commissions, and the city staff, must complete an application and have it approved before using the Council Chambers. Applications must be submitted as far• in advance as possible of the date for which the reservation is requested. II. Availability The Council Chambers shall be available Monday through Saturday from 8:00 a.m. until 11:00 p.m. Special permission may be granted by the City Manager for requested variations from this designated schedule. The City Council, official city commissions, the city staff or any governmental or quasi governmental organization whose meetings are sponsored by the City Council, an official city commission or the city staff shall have priority on the use of the Council Chambers. Although efforts will be made to avoid potential conflicts, it may be necessary , on occasion to advise groups that have reserved the Council Chambers for a certain time and date that it will be necessary for them to relocate their meeting because of the need to use the Council Chambers for purposes connected with municipal government. III. Who May Use the Council Chambers The Council Chambers shall be available to all local community organizations which have a membership consisting of at least one- fourth Richfield residents. The Council Chambers shall not be used for the following: • A. Commercial Enterprise B. Private Ceremonies • Groups who have their own facilities shall be allowed to use the Council Chambers provided two conditions are met: A. The organization's own facilities cannot be used. B. That the time requested does not conflict with a request made by a group which does not have its own facility. Resolution No. 6237 -2- 1 IV. Rules and Regulations A. The city will not provide kitchen facilities. Groups may provide their own coffee and 1i ht refreshments, however, no meals will be allowed. B. The city will make available a floor microphone, viewing screen and blackboard as may be desired. C. The city will not provide any major rearrangement of chairs or tables in the room, witihout special permission andnthe p payment I • of appropriate charges.1 Any rearrangements by using groups be returned to the original arrangements. D. The use of intoxicating liquors and nonintoxicating malt beverages is prohibited. ' E. No banners, streamers,jor signs may be attached to the walls of the Council Chambers or the lobby which would damage the walls. All such attachments must be removed by the group using the facility. F. Youth groups shall be !chaperoned on a ratio of one adult for each 15 youth or fraction thereof. The number of youth attending and the names of the chap bones shall be submitted with the appli- cation. If the general public is invited, the City Manager and the signer of the application shall determine the number of II chaperones required. G. The city assumes no liability for loss, damage, injury or illness incurred by users of the facility. H. The signer of the application shall be held personally responsible for any breakage, damage, loss of equipment and excessive litter or uncleanliness. All damage must be reported to the City Manager or his representative within 24 hours. The signer of the appli- cation shall also indicate that he has read and understands all the applicable rules and regulations. Any costs incurred by the city for violation ofd these regulations shall be billed to the responsible person. I. Hours of use designated on the application must be adhered to. J. Failure to meet these policies and rules will be cause for the • forfeiture of futureluse privileges. K. Groups canceling outltwice in one year will be given low priority in reservation future dates, unless the city is notified seven (7) days prior to cancellation. I L. All areas of the Cityy Hall, except the Council Chambers, entry corridor, and restrooms, are restricted from any use by the organization using the Council Chambers. ' .. .._._ ....�.......n._,:........rn:-l- uxc.......aS�.v..........�....a.....-..........'..-.-.,...,».—.;.... ..._,..:F..Yec.v.an.v....wmuaw.....,.s.LSecorae.�s Resolution No. 6237 -3- __ V. Procedure for Applyin• A. Organizations requesting use of this facility shall be handled insofar as possible on a first come, first served basis. B. Organizations wishing to use the Council Chamber facilities must obtain an application blank and a set of the rules and regulations for the use of the Council Chambers, although reservations may be made by telephone prior to completion of the application form. Applications should be submitted as early as possible. C. Applicants are required to indicate whether at least one-fourth of the members are Richfield residents. • • Passed by the City Council of the City of Richfield this 12th day of May, 1980, Donald J. Prieb Mayor ATTEST: Sy,'a K. iergh Actingfrity Cl6rk GN -61 RESOLUTION NO. RESOLUTION ESTABLISHING 2012 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD RESCINDING RESOLUTION NO. 10596 BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: SECTION 1. ESTABLISHING FEES A. License, permit and miscellaneous fees required under the ordinances of the City of Richfield shall be as stated in the sections of this Resolution. B. A period of no less than 30 days will be allowed for the remittance of City Business license renewal fees contained in Sections 5,6, 7, 8 and 9 of this resolution. C. A 10%administrative surcharge will be assessed upon all renewals contained in Section 5, 6, 7, 8 and 9 of the resolution if not received by the City on or before December 31st of each year. The 10%surcharge will be based upon the cost of the license. D. Nothing in this section shall be deemed to require the City to issue or renew any license for which the fee has not been paid in a timely manner. SECTION 2. CONSTRUCTION AND RELATED LICENSE FEES TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (1) Heating and 400.07 1 Year $ 80.00 Ventilating Installer (2) Sign Installer 416.01-416.13 1 Year $ 80.00 (3) Electrical Installer 400.03-400.09 State License Required (4) Plumber 400.03-400.09 State License Required (5)Well Driller 620 State License Required SECTION 3. PUBLIC WORKS FEES TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (1) Benches 805.01-805.27 First Year $ 80.00 Renewal $ 30.00 (2) Boulevard feature 811.07 a) Application to place a privately owned feature in the $ 50.00 Permit boulevard b) If applied for after installation of feature has begun $ 100.00 (3) Excavation in Public 800.01-800.15 a) For each transverse excavation and each 100 feet or $ 125.00 Right of way portion thereof longitudinal excavation and for each 100 feet of curb and gutter or portion thereof installed or driveway apron installed, except when survey and grade stakes are set by City b)If applied for after excavation has begun $ 250.00 1 LIN - Ib SECTION 3. PUBLIC WORKS FEES (CONTINUED) TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (4) Forestry Permit 810 Applies only to trees on City property and public ROW $ 50.00 (5) Seasonal Load Limit a)Per load $ 25.00 Exemption b)If applied for after delivery $ 50.00 (6) Obstruction Permit 802.17 (a) Short term, temporary lane closure of less than four No fee hours (b) Lane closures longer than four hours duration (or if between 7:00 a.m. and 9:00 a.m. or between 3:30 p.m. and 6:00 p.m.) Arterial/Collector/Distributor/Sidewalk Day(per block or portion thereof) $ 30.00 Week(per block or portion thereof) $ 125.00 Local/Residential Day(per block or portion thereof) $ 15.00 Week(per block or portion thereof) $ 50.00 Parking lane Day(per block or portion thereof) $ 7.50 Week(per block or portion thereof) $ 31.25 If applied for after obstruction closure has begun (c) Short term, temporary lane closure of less than four No fee hours (d) Lane closures longer than four hours duration (or if between 7:00 a.m. and 9:00 a.m. or between 3:30 p.m. and 6:00 p.m.) Arterial/Collector/Distributor/Sidewalk $ 60.00 Day(per block or portion thereof) $ 250.00 Week(per block or portion thereof) Local/Residential $ 30.00 Day(per block or portion thereof) $ 100.00 Week(per block or portion thereof) Parking lane $ 15.00 Day(per block or portion thereof) $ 62.50 Week(per block or portion thereof) (7) Noise Ordinance 930.35 (a) With conditions added as required $ 50.00 Exemption (b) If applied for after violation $ 100.00 (8) Certification Charge 705.03-705.21 All delinquent accounts $ 50.00 (9) NSF Check Charge $ 50.00 (10) Utility Services Sanitary Sewer 700.05 All land uses New Service $ 125.00 Repair $ 125.00 Disconnect $ 125.00 Replacement $ 125.00 Water Service 715.01 All land uses New Service $ 125.00 Repair $ 125.00 Disconnect Replacement $ 125.00 Turn on/off $ 125.00 Meter Installation $ 75.00 Private Hydrant $ 50.00 $ 75.00 Storm Sewer 720 All land uses New Service Repair $ 125.00 Disconnect $ 125.00 Replacement $ 125.00 $ 125.00 2 SECTION 4. FIRE SERVICES FEES TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (1) Fire Prevention 400.21-400.29 For initial fee required under code Per year $ 60.00 Code For each additional fee required under code Penalty If not renewed within 2 months of Per year $ 15.00 notification $ 30.00 (2) Daycare/Adult Foster Care Facility $ 50.00 Inspection (3) Reimbursement Fee for Fire/Rescue Unit Per Hour $ 275.00 (4) Sale of Consumer 1131 (a) License per location selling only consumer Per Year $- 350.00 Fireworks fireworks (b) License per location of each other retail Per Year $ 100.00 seller BOLD represents added/amended fees 16 1fIN - 19- SECTION 5. AMUSEMENT AND RECREATION LICENSES AND PERMITS TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (1) Arcade 1105 1 Year $ 469.00 (2) Amusement Device 1100.01 (a) Mechanical Amusement Device(Pinball) 1 Year $ 15.00 (b) Mechanical Music Box 1 Year $ 15.00 (c) Video Games 1 Year $ 15.00 (3) Lawful Gambling 1100.13 Bingo,Tipboard, Paddle Wheel, Raffle, Pull Tabs (a) Lawful Gambling Permit (those exempt from State Licensure) (State Statute 349.213) 1 Year $ 100.00 (b) Lawful Gambling Investigative Fee (State Statute 349.16) 1 Year $ 100.00 STATE LICENSE REQUIRED (4) Itinerant Place of 1100.05-1100.11 1 day $ 251.00 Amusement (5) Public Dance 1110.03 For each day dances are held-$3 1 month $ 42.00 No fee for locations holding tavern licenses. (6) General Amusement 1100.03 (a) Billiard, Pool or Pigeonhole table(each) 1 Year $ 15.00 1. Coin operated 1 Year $ 15.00 (b) Bowling Alley(per lane) 1 Year $ 42.00 (c) Circus 1 Year $ 202.00 (d) Dance Hall 1 Day $ 202.00 (e) Golf 1. Miniature 1 Year $ 47.00 2. Driving Tee 1 Year (f) Mountback 1 Day $ 47.00 (g) Rides,mechanical/animal of any kind(ea) 1 Year $ 193.00 (h) Shows, any kind 1 Day $ 15.00 (i) Shuffleboard (each lane) 1 Year $ 193.00 6) Other games 1 Day $ 16.00 $ 15.00 (7) Musical Concert 1110.01 Per event $ 42.00 (8) Theatre Cinema 1120 1 Year $ 197.00 Plus a notice publication fee $ 6.50 (9) Roller Rink 1115 1 year or portion thereof $ 197.00 (10)Commercial Adult- 605 1 Year $ 2,339.00 Oriented Enterprises Investigation fee 1 Year $ 2,339.00 (1 1)Masseur/Masseuse 605 Certificate fee 1 Year $ 79.00 Investigation fee 1 Year $ 197.00 (12)Public Baths 610 1 Year $ 2,709.00 Investigation fee(actual cost minimum) $ 2,709.00 (13)Fortune Teller and 1130.05-1130.07 1 Day $ 157.00 related trade 1 Week $ 468.00 1 Month $ 933.00 1 Year $ 1,559.00 (14)Adult 1196 Annual license 1 Year $ 2,339.00 Establishments Investigation fee(new license) $ 2,339.00 BOLD represents added/amended fees 4 SECTION 6. ANIMAL LICENSES AND PERMITS TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (1) Animals 905.01-905.29 (a) Animals(Spayed or Neutered)with option to 1 Year $ 15.00 purchase a multi-year license (b) Animals(Not Spayed or Neutered 1 Year $ 25.00 (c) Duplicate Animal License $ 7.00 (d) Late Penalty $ 10.00 905.31-905.33 (e) Commercial Kennel 1 Year $ 217.00 (f) Residential Kennel 1 Year $ 164.00 (g) Veterinary $ 217.00 905.37-905.39 (h) Pigeons 1 Year $ 43.00 905.41 (i) Non-domestic Animals (Temporary Permit) 905.01-905.29 (j) Impounding (each animal) 1st time $ 30.00 2nd Time $ 64.00 3rd time (each impound after) $ 127.00 $ 191.00 (k) Dangerous dog registration fee (State Statute 347.51) $ 500.00 SECTION 7. VEHICLE AND TRANSPORTATION LICENSE AND PERMIT FEES TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (1) Aircraft 1340 1 Day $ 46.00 (2) Garbage and 601.01-601.33 Commercial and Residential Refuse Collection First vehicle 1 Year $ 234.00 Each additional vehicle 1 Year $ 49.00 (3) Motor Vehicle 1155 Per place of business 1 Year $ 350.00 Dealer Each additional place of business 1 Year $ 133.00 (4) Motor Bicycle 1160 Per place of business 1 Year $ 203.00 Business Per place of business to sell, rent or least 1 Year $ 93.00 (5) Sound Truck 1165 Per vehicle 1 Year $ 203.00 Per Vehicle 1 Day $ 31.00 (6) Taxicab 1170 First vehicle or auto livery 1 Year $ 505.00 Each additional vehicle or auto livery operated at any time within license period 1 Year $ 63.00 (7) Taxicab Driver 1175 1 Year $ 47.00 (8) Rental or Utility 1185 Each place of business 1 Year $ 93.00 Trailers and Trucks BOLD represents added/amended fees 5 SECTION 8. COMMERCIAL BUSINESS AND TRADE LICENSES AND PERMITS TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (1) Firearms Dealer 920.01-920.05 1 Year $ 1,559.00 (2) Food 617 (A)Type I Establishment, a large high-risk food 1 Year Establishments establishment serving on average 500 or more meals per day; having 175 or more seats; or having 500 or more customers per day (1) Food service or retail food $ 700.00 establishment $ 618.00 (2)School, kindergarten through grade 12 $ 515.00 (3) Daycare Center or Preschool (B)Type II Establishment, a small high-risk food establishment serving on average fewer than 500 meals per day; having fewer than 175 seats; or having fewer than 500 customers per day (1) Food service or retail food establishment $ 644.00 (2) School, kindergarten through grade 12 $ 644.00 (3) Daycare Center or Preschool $ 412.00 (C)Type III Establishment, a medium risk food establishment serving mainly non-potentially hazardous foods and potentially hazardous foods prepared elsewhere and only heated or held cold onsite; or serving or retailing foods such as pizza carryout or delivery, requiring handling followed by heat treatment. (1) Food service or retail food $ 515.00 establishment $ 258.00 (2) School, kindergarten through grade 12 $ 258.00 (3) Daycare Center or Preschool (D)Type IV Establishment, a food establishment with minimal food handling such as preparing coffee, hot dogs, blended or mixed drinks, packaged foods customers heat onsite, continental breakfasts, unpackaged baked goods made elsewhere (1) Food service or retail food $ 335.00 establishment $ 155.00 (2) School, kindergarten through grade 12 $ 155.00 (3) Daycare Center or Preschool (E)Type V Establishment, a food establishment with non-potentially hazardous food or food products sold in the original packaging (1) Food service or retail food $ 206.00 establishment $ 129.00 (2) School, kindergarten through grade 12 $ 129.00 (3) Daycare Center or Preschool (F) Supplemental Facility (1) High Supplemental Facility(like Type I $ 129.00 and II) (2)Medium Supplemental Facility(like Type III and IV) $ 103.00 (3) Catering Supplemental Facility(for Food Catering Vehicle(s) and equipment) $ 155.00 (4) Low Supplemental Facility(like Type V) $ 77.00 (G)Temporary Food Establishment (1) Complex Temporary 1 to 3 days (like $ 129.00 Type I and II) (2)Complex Temporary 4 to 21 days(like $ 232.00 Type I and II) (3) Simple Temporary 1 to 3 days (like Type $ 52.00 III, IV and V) 6 (4) Simple Temporary 4 to 21 days (like Type III, IV and V) $ 124.00 (H) Farmer's Market Stand (stands not exempted from licensing in Minnesota Statue Chapter 28A) $ 155.00 (I)Vending Machines (1) Food and beverage(except items in 2) (2) Nuts, gum balls, hard candy and $ 20.00 unsorted confections $ 15.00 (3) Automobile Washing 1125 Per calendar year or fraction thereof $ 157.00 Establishment (4) Scavenger 600.25 Each vehicle 1 Year $ 46.00 Permit fee for opening cesspool or dumping contents of each cesspool into City sewer $ 22.00 (5) Incinerator 600.01-600.23 1 Year $ 46.00 (6) Tobacco 1146.01(MS Retail Sale and Distribution-License issued on $ 391.00 461.12) calendar year(cigarette vending machines prohibited) (Bill No. 1998-19) (7) Transient Merchant 1181.01-1181.09 1 Day $ 100.00 (8) Wagon Peddler 1181 1 Year $ 235.00 (9) State hawker or 1181 6 month/per person covered $ 58.00 Peddler license BOLD represents added/amended fees 16 qN - 1(P SECTION 8. COMMERCIAL BUSINESS AND TRADE LICENSES AND PERMITS (CONTINUED) TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (10)Canvasser or 1181 6 month/per person covered $ 58.00 Solicitor (11)Christmas Tree Sale 1130.03 1 Year $ 127.00 (12) Lodging 618 (A) Hotel/Motel $ 216.00 Establishments (1) Each Guestroom $ 15.00 (B) Lodging House, lodging accommodation for 5 or more regular roomers, no food provided (1) Five to 25 beds (2)26 or more beds, each bed $ 206.00 (C) Small Boarding House,food and lodging $ 9.00 accommodations for 5 to 10 regular boarders. Food license included. (1) Five to 10 beds (D) Large Boarding House,food and lodging $ 206.00 accommodations for 11 or more.A separate food license is required. (1) 11 to 25 beds (2)26 or more beds, each bed $ 206.00 (E) Bed and Breakfast,food license is included $ 9.00 $ 206.00 (13)Outdoor 1135 Permit $ 99.00 Merchandising (14)Storage Enclosure 1135 Per Enclosure $ 84.00 9 (15)Pawnbroker 1187 (a) Pawnbroker 1 Year $4,065.00 (b) Owner investigation fee (nonrefundable) 1 Year $2,337.00 (c) Manager investigation fee(nonrefundable) 1 Year $ 846.00 (d) Employee investigation fee (nonrefundable) (e) Transaction fee-per transaction 1 Year $ 81.00 $ 2.00 (16)Secondhand Goods 1186 (a) Secondhand Goods Dealer 1 Year $ 446.00 Dealer (b) Initial investigation fee(nonrefundable) actual costs in excess of above with total not exceeding $ 1,869.00 Applicant shall deposit$1200.00 with Licensing Clerk along with application. Amount in excess of actual application costs shall be refunded. (17)Auto Detailing 1195.01 1 Year $ 348.00 Establishment (18)Tattoo, Body 630 (a) Tattoo, body piercing, body painting or body Piercing, Body branding 1 Year $ 779.00 Painting or Body (b) Initial investigation fee(nonrefundable) 1 Year $2,337.00 Branding (19)Temporary Tattoo, 630 Per booth $ 46.00 Body Piercing, Body Branding and Body painting events 8 (20)Massage Therapy 1188 Annual license 1 Year $ 778.00 Enterprise License Investigation fee(new license) $ 778.00 (Business license) Massage Therapist Annual license 1 Year $ 79,00 License(Individual Investigation fee(new license) $ 79.00 license) Temporary Massage Per temporary location Therapist License $ 156.00 (21) Public Swimming 619 (A) Indoor Pools (1) First pool $ 206.00 (2) Each additional pool $ 103.00 (B)Outdoor (1) First pool $ 206.00 (2) Each additional pool $ 103.00 (C) School, K through grade 12, pools (1) First pool $ 134.00 (2) Each additional pool $ 77.00 BOLD represents added/amended fees 16 yw -AS SECTION 8 COMMERCIAL BUSINESS AND TRADE LICENSES AND PERMITS (CONTINUED) PLAN REVIEW FEE FOR FOOD, THERAPEUTIC MASSAGE AND LODGING PERCENTAGE OF FACILITY INVOLVED WILL BE DETERMINED BY STAFF Descriptions:Type I Establishment, a large high-risk food establishment serving on average 500 or more meals per day; having 175 or more seats; or having 500 or more customers per day. Type II Establishment, a small high-risk food establishment serving on average fewer than 500 meals per day; having fewer than 175 seats; or having fewer than 500 customers per day. Type III Establishment, a medium risk food establishment serving mainly non- potentially hazardous foods and potentially hazardous foods prepared elsewhere and only heated or held cold onsite; or serving or retailing foods such as pizza carryout or delivery, requiring handling followed by heat treatment. Type IV Establishment, a food establishment with minimal food handling such as preparing coffee, hot dogs, blended mixed drinks, packaged foods customers heat onsite, continental breakfasts, unpackaged baked goods made elsewhere. Type V Establishment, a food establishment with non-potentially hazardous food or food products sold in the original packaging. Environmental plan review—includes the physical remodeling, updating, equipment replacement, equipment additions and the general overall review of all plans/work. This also includes all new development projects. • New Construction Extensive Minor Remodel (0- Non-remodel and/or Major Remodel Remodel (25- 24%of facility) approval (over 50%of facility 50% of facility) consultation involved) ($5,000 or less in costs) Type I $2,485 $1,296 $699 $118 Type II $1,712 $936 $520 $118 Type Ill $936 $521 $311 $118 Type IV $459 $179 $90 No fee Type V New project or change Minor remodel— of owner-$115 permit but no plan check fee Therapeutic Massage $118 $118 $118 $118 Lodging $2,071 $1,115 $581 $118 SECTION 9. LIQUOR AND RELATED LICENSE AND PERMIT FEES TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (1) 3.2 Malt Liquor 1202.05 (a) On-Sale 1 Year $ 859.00 (b) Tavern (dance) 1 Year $ 702.00 (c) Wholesale 1 Year $ 42,00 (d) Off-Sale 1 Year $ 249.00 (e) Club (Bottle Club) 1 Year $ 568.00 (f) Temporary per event $ 63.00 (2) Liquor 1202.05 (a) On-Sale 1 Year $14,173.00 (b) Sunday (Fee set by state law) 1 Year $ 200.00 (c) Wine 1 Year $ 1,249.00 1 Year $ 814.00 (d) Veterans'Organization (Ex-Sunday) per event $ 129.00 (e) Temporary (3) Employee License 1208.01 Effective 10/1/95 all licenses issued shall be $ 35.00 On-Sale Liquor valid for a period of two years from the date of Establishments initial application (4) Investigation Fee 1202.01-1202.21 (a) On-Sale liquor including Veterans' $ 777.00 and 10 N— ►cl Organization each person shown on application actual costs in excess of above Each additional investigation for each person not listed on original or renewal application (b) Wine - Original Application initial Fee actual $ 233.00 1202.11 costs in excess of above $ 431.00 and with total fee not to exceed $ 3,286.00 Renewal Application Initial Fee actual costs in excess of above $ 97.00 and with total cost not to exceed Additional Investigation under 1200.09 Subd.3 $ 3,286.00 1202.11 not to exceed $ 191.00 and Investigation of substitute manager $ 3,286.00 $ 97.00 BOLD represents added/amended fees 16 4N -0O SECTION 10. HOUSING INSPECTION AND RENTAL LICENSE FEES TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (1) License for 405 (a) Apartment House 1 Year $ 140.00 Apartment Houses Each unit $ 14.00 and Rental Homes (b) Rental Home-single family dwelling 1 Year $ 140.00 (c) Duplexes/double bungalows/townhouses First unit 1 Year $ 140.00 Each additional rental unit 1 Year $ 85.00 (d) Late Fee $ 50.00 (e) License Transfer Fee (f) Reinstatement of suspended license 50% of license fee (minimum$80) $ 40.00 (g) Reinstatement of Revoked license 100%of license fee (h) Re-Inspection Fee 1. multi-family 2. single family&duplex (Inspection over standard 2 inspections) $ 80.00 ea. Reinspection fees shall be payable at the $ 50.00 ea. time of license renewal and no renewal license shall be issued unless all inspection fees are paid (i) Provisional license for apartment house Includes first unit Each additional unit $ 280.00 Provisional license for Rental Home-single 1 Year family dwelling $ 30.00 Provisional license for duplex First unit Each additional unit $ 280.00 (j) Investigation fee for operating a rental $ 280.00 property without a license $ 170.00 $ 200.00 (2) Certificate of 405.26 Single family home(includes one reinspection) $ 150.00 Housing 2-family home(includes one reinspection) $ 230.00 maintenance Compliance Reinspection Fee $ 50.00 Fee to process cash escrow agreement $ 50.00 (3) Permit Fee for 405.19 1 Year $ 170.00 Rooming House BOLD represents added/amended fees 12 SECTION 11. MISCELLANEOUS FEES TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (1) Permit to reside 1190 In motel for more than six months $ 17.00 (2) Permit to Carry a Permit Issued By County Gun (3) False Alarms (a) in excess of 2 for calendar year $ 100.00 (billable) (b) in excess of 10 for calendar year $ 200.00 (c) in excess of 20 for calendar year $ 300.00 (4) Nuisance Conduct 925 Third call to a property for nuisance conduct $ 250.00 Fee within a 365-day period (5) Copying Services Flat rate(per page) $ .25 Provided Special rate (a) Black&White Photocopy rate 8.5 x 11 (per side) $ .25 8.5 x 14(per side) $ .25 MN Statute 13.03C 11 x 17(each) $ .50 24 x 36(each) $ 2.50 X-large $ 2.50 Color Photocopy rate 8.5 x 11 (per side) $ 1.00 8.5 x 14(per side) $ 2.00 11 x 17(each) $ 4.00 24 x 36 (each) $ 18.00 X-large $ 3.00sq./ft. (b) Labor hourly wage& 33% (c) Postage prevailing rate (d) Fax per page $ .50 (e) Audio tape of meeting (per tape) $ 5.00 (f) Video tape of meeting (per tape) $ 15.00 (g) Electronic copies(cd or disk) $ 5.00 (h) As builts (per image) $ .50 (6) Notary Fee Fee Set By State (7) Candidate Filing Fee City Charter $ 25.00 4.04 (8) Photo Fee Includes 2 photos $ 16.00 including tax BOLD represents added/amended fees III 13 N _ - SECTION 11. MISCELLANEOUS FEES (CONTINUED) TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (9) Assessing Fees Special Abatement for Filing Homestead $25.00 Special Assessment Searches One property identification number (PID)search free per day, if more than one $3.00 each Special Assessment Search Report $15.00 per Property Identification Number (PID) Creation of New or Special $25.00 minimum fee. Report Fees to be based on time and materials to create report Review of Comparable Property Records Residential Field Card Report $ .25 per copy for up to five comparable properties Commercial/Industrial/Apartment Field Card Report $2.00 per copy Certified Card Report $3.00 (10) Domestic Partnership 120 Registration $30.00 (11) Certified copy of various To certify documents i.e. resolutions, ordinances, $5.00 per copy documents minutes, registration forms, etc. on file (12)Vacant Building 925 Single Family Home or Duplex—Vacant less $100 Registration Fee than one year Single Family Home or Duplex—Vacant one $200 year or longer Any other type of property of less than 20,000 $500 square feet in building size AND less than 1 acres of lot size—Vacant less than one year Any other type of property of less than 20,000 $1,000 square feet in building size AND less than 1 acres of lot size—Vacant one year or longer Any other type of property larger than 20,000 $1,250 square feet in building size OR more than 1 acres of lot size—Vacant less than one year Any other type of property larger than 20,000 $2,500 square feet in building size OR more than 1 acres of lot size—Vacant one3 year or longer BOLD represents added/amended fees 14 Z-)N - a3 SECTION 12. ROOM AND PARK SHELTER RENTAL FEES FEE LOCATION DESCRIPTION FEE CLASSIFICATION Richfield Municipal Center Bartholomew Room Civic and non-profit groups and governmental agencies $50.00/Hr Resident $60.00/Hr Non-Resident and Commercial $300.00/up to 4 Hrs groups $575.00/up to 8 Hrs Richfield Municipal Center Heredia Room Civic and non-profit groups and $40.00/Hr governmental agencies Resident $50.00/Hr Non-Resident and Commercial $250.00/up to 4 Hrs groups $475.00/up to 8 Hrs Richfield Municipal Center Fred Babcock Room Civic and non-profit groups and $30.00/Hr governmental agencies Resident $40.00/Hr Non-Resident and Commercial $200.00/up to 4 Hrs groups $375.00/up to 8 Hrs Richfield Community Center Augsburg Room Non-Profit $ 29.00/Hr Nicollet Ruth Johnson or Fireside Room Resident: Private $ 34.00/Hr Non-Resident: Private $ 39.00/Hr Richfield Community Center Combined Non-Profit $ 52.00/Hr Nicollet/Augsburg or Richfield Room Resident: Private $ 65.00/Hr Non-Resident: Private $ 76.00/Hr Wood Lake Nature Center Auditorium Non-Profit $ 32.00/Hr Resident $ 42.00/Hr Private Non-Resident $ 47.00/Hr Private Augsburg Park Park Buildings Resident $ 25.00/Hr Christian Park (depending on Donaldson Park-East availability) Jefferson Park Non-Resident $ 30.00/Hr Madison Park Taft Park-North Washington Park Fairwood Park Open Picnic Shelters Resident $ 25.00/Day Monroe Park Augsburg Park Non-Resident $ 30.00/Day Sheridan Park Open Picnic Shelter Resident $ 25.00/Hr Non-Resident $ 30.00/Hr 15 -ak Veterans Park Picnic Shelter Resident Day:4-Hour Block 1 Section: $95.00 2 Sections: $170.00 3 Sections: $240.00 Resident Evening: 3-Hour Block 1 Section: $70.00 2 Sections:$125.00 Non-Resident Day:4-Hour Block 3 Sections: $180.00 1 Section:$100.00 Non-Resident Evening: 3-Hour Block 2 Sections: $180.00 3 Sections: $250.00 1 Section: $75.00 2 Sections: $135.00 3 Sections: $190.00 Athletic Fields Baseball/Softball Premier Fields Resident Fields Donaldson, Roosevelt, Lincoln &Taft $20/hr, $100/day(first 8 hrs), $30/hr(after 8 hrs) Non-Resident $30/hr, $125/day(first 8 hrs), $40/hr(after 8 hrs) General Fields(all other fields) Resident Donaldson, Roosevelt, Lincoln, Taft $15/hr, $100/day(first 8 hrs), $25/hr(after 8 hrs) Non-Resident $30/hr, $125/day(first 8 hrs), $40/hr(after 8 hrs) Broomball/Hockey Rink All broomball/hockey All renters $ 15/hr rinks Tennis Courts Augsburg, Christian, All renters Donaldson, Fairwood, $5.00/court/Hr Jefferson, Heredia, Madison, Nicollet, Roosevelt, and Washington Parks. Athletic Facility Light Use Softball, Baseball, $25/Hr Football, Soccer, Lacrosse BOLD represents added/amended fees Passed by the City Council of the City of Richfield this 10th day of January,2012. Debbie Goettel Mayor ATTEST: Nancy Gibbs City Clerk 16 AGENDA SECTION: CONSENT AGENDA ITEM# 40 REPORT# 15 NMIAIII STAFF REPORT RICHFIELD CITY COUNCIL MEETING JANUARY 10, 2012 REPORT PREPARED BY: MICHELLE LEWIS, HOUSING SPECIALIST NAME,TITLE I DEPARTMENT DIRECTOR �w,.',��,1 REVIEW: /ii►l�I, *_ Yll1A- A'— afii/REVIEWED BY CITY MANAGER: A Jiti...r.:• t.s ,A ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution authorizing the acquisition of 6420 17th Avenue. I. RECOMMENDED ACTION: By Motion: Adopt a resolution authorizing the purchase of real property located at 6420 17th Avenue. II. BACKGROUND The property at 6420 17th Avenue was listed for sale through the Multiple Listing Service (MLS) on December 13, 2011. The property is vacant and is bank-owned as a result of foreclosure. The property is located in the Cedar Avenue Corridor Redevelopment Area, as identified in 2004, and is a prime candidate for acquisition by the City to facilitate the future construction of Richfield Parkway and the eventual redevelopment of the Cedar Point Housing Redevelopment Area. The 6300 and 6400 blocks of 17th Avenue are currently occupied by 29 single-family houses, but the area is zoned MR-3, High Density Residential. In addition to the City of Richfield, two individual buyers made purchase offers equaling the original list price of$94,900. To ensure the City's acquisition of the property, a purchase price of $104,000 was offered by the City (10% higher than the asking price). The City's Purchase Agreement was accepted by the owner, contingent upon City Council approval, no later than January 10, 2012. 01102012 6420 17th Avenue South Acquisition Sufficient funds remain from the Airport Noise Abatement Program (ANAP) and the Cedar Avenue Mitigation Area (CAMA) to purchase this property. III. BASIS OF RECOMMENDATION A. POLICY • The 2009 Richfield Comprehensive Plan Housing Goals and Policies direct the policy work related to Land Use and Community Facilities. Specifically, this acquisition is supported and encouraged by the following goals and policies, as stated in the 2009 Richfield Comprehensive Plan. o Goal: Maintain and enhance the "urban hometown" character of Richfield. • Policies: • Maintain a housing supply that meets changing needs while sustaining the integrity of existing neighborhoods. • Develop residential standards (scale, density, etc.) for redevelopment areas that create neighborhood character. • Maintain and provide quality amenities and a safe living environment. o Goal: Beyond the City Center, develop identifiable nodes, corridors and gateways throughout the community. • Facilitate an intense mixed pattern of regional and community-oriented land uses along regional corridor routes including 1-494 and Cedar Avenue. • Encourage a mix of uses that serve a market in and around Richfield in community commercial nodes. • Create meeting places in multi-unit complexes to allow for interaction between its residents and between its residents and surrounding neighbors. • Improve gateways to create a visual means of welcoming people to Richfield. • In 2004 the City completed a redevelopment master plan for the Cedar Avenue Corridor area. Much of the area in the master plan, including this property, was impacted by the noise generated from the new north/south runway built at the adjacent airport. B. CRITICAL TIMING ISSUES • The property is lender-owned and listed for sale on the MLS. • The owner has accepted the City of Richfield's offer, contingent upon City Council approval no later than January 10, 2012. C. FINANCIAL • A combination of funds from the ANAP and CAMA programs would cover the purchase price and closing costs to purchase the property. • No City General Fund revenues would be used for the purchase. D. LEGAL • The Purchase Agreement is contingent upon the City Council's approval of the attached resolution. • The City of Richfield is the purchaser. • There are no known title conditions that would affect the purchase. E. ENVIRONMENTAL CONSIDERATIONS • There are no known environmental conditions that would affect the purchase. IV. ALTERNATIVE RECOMMENDATION(S) • Do not acquire the property. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A yO - k RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF REAL PROPERTY LOCATED AT 6420 17th AVENUE WHEREAS, the City of Richfield, Minnesota (the "City") has considered the purchase of 6420 17th Avenue with Airport Noise Abatement Funds and Cedar Avenue Mitigation Area for $104,000. The property is legally described as: 6420 17th Avenue South Lot 13, Block 2, Iversons 2nd Addition, Hennepin County (Abstract Property) WHEREAS, the City proposes to hold the property for as part of the future redevelopment in the Cedar Avenue Corridor area; and WHEREAS, the seller has accepted a Purchase Agreement from the City of Richfield contingent upon City Council approval; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota as follows: 1. The City Manager and Mayor are authorized to take those actions necessary to purchase 6420 17th Avenue for $104,000 plus legal and closing costs. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of January 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: PROPOSED ORDINANCE AGENDA ITEM# 6 REPORT# 16 =Oda STAFF REPORT RICHFIELD CITY COUNCIL MEETING JANUARY 10, 2012 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: GNATURE � REVIEWED BY CITY / / MANAGER: /� 14 4/ .. ITEM FOR COUNCIL CONSIDERATION: Second reading and summary publication of an ordinance amending Richfield City Code Appendix D that will establish a fee scheduled for "Sketch Plan Review." I. RECOMMENDED ACTION: By Motion: 1) Approve the attached ordinance amending Richfield City Code Appendix D to establish a fee schedule for "Sketch Plan Review;" and 2) Approve the attached resolution authorizing summary publication of an ordinance amending Richfield City Code Appendix D establishing a fee schedule for "Sketch Plan Review." II. BACKGROUND In the interest of providing a means by which developers can request a more thorough initial review of proposed plans, staff proposes that potential applicants be offered the opportunity for a "Sketch Plan Review." This review will involve the entire Administrative Review Committee, rather than just the Community Development Department, and will serve to make applicants aware of potential issues from all departments that could impact their project. This type of review currently takes place once an application has been submitted and feedback from some developers has indicated that this is later in the process than desired. In order to provide this additional service, primarily the staff time necessary for this 011012 — 2nd Reading, Summary Pub App D Sketch Plan fee.doc preliminary review, staff proposes a fee of$250. This review will not be required, but offered as an optional service, and will be as thorough as the plans provided by the developer allow (e.g. a complete review of utilities cannot take place if only a basic site plan has been submitted). III. BASIS OF RECOMMENDATION A. POLICY • City staff works hard to provide excellent customer service to residents, business owners and developers. • A more formalized early review of plans by all departments will help to identify key issues for applicants. • Minnesota Statutes, Section 462.353 requires that certain fees be established by ordinance. • In instances when the full text of an amendment is cumbersome and the expense of publication of the full text is not justified, the City is permitted to publish a summary of the approved amendment. B. CRITICAL TIMING ISSUES • N/A C. FINANCIAL • The City attempts to establish fees that appropriately reflect the City's costs of administering the permit or application for which the fee is charged. • A $250 fee equates to roughly 4-5 hours of combined total staff time amongst several departments. D. LEGAL • A first reading of the attached ordinance was approved by the Council (4-0) on December 13, 2011. • If approved, the ordinance will be effective 30 days following publication. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Reject the attached ordinance. V. ATTACHMENTS • Ordinance • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 6- f BILL NO. 2012- TRANSITORY ORDINANCE NO. 18.77 AN ORDINANCE AMENDING APPENDIX D TO THE RICHFIELD CITY CODE; ESTABLISHING A FEE SCHEDULE FOR CERTAIN PERMITS AND APPLICATIONS THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background 1.01 Appendix D to the Richfield City Code consists of the schedule of fees adopted by the City Council, including those adopted by resolution and those adopted by ordinance. 1.02 Minnesota Statutes, Section 462.353 requires that certain fees be adopted by ordinance. The City Council has previously established certain fees by Transitory Ordinance No. 1876. The City Council has established other fees by resolution, which resolution is also part of Appendix D. 1.03 The City Council has determined the need to update the schedule of fees under Transitory Ordinance No. 1876. Section 2. Fee Schedule Adopted 2.01 The fees set forth in the attached Exhibit A are hereby adopted by ordinance. 2.02 The fees adopted at Section 2.01 of this Ordinance shall be amended only by ordinance. Any fees established by resolution, other than those adopted at Section 2.01 of this Ordinance, may be amended from time to time by resolution of the City Council. Section 3. Effective date; codification. 3.01 This ordinance is effective in accordance with section 3.09 of the City Charter. 3.02 A copy of this ordinance shall be included in Appendix D to the Richfield City Code, immediately prior to the resolution establishing fees. 3.03 This ordinance supersedes Transitory Ordinance No. 1876. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of January, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk EXHIBIT A CONSTRUCTION AND RELATED PERMIT FEES AND CHARGES A. Investigation Fees: Work without a Permit: Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. Fee. An investigation fee, in addition to the permit fee,shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in Section 2. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. B. Permit fee refunds: The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permitted not later than 180 days after the date of fee payment. TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (a) Inspections outside of normal business hours $60.00 (minimum charge-two hours) per hour (b) Reinspection fees $60.00 (minimum charge $35.00) per hour (c) Inspections for which no fee is specifically $60.00 indicated (minimum charge-one-half hour) per hour (d) Additional plan review required by changes, $60.00 additions or revision to plans(minimum charge- per hour two hours) (e) Fee to reissue building inspection record card $35.00 *Or the total hourly cost to the jurisdiction,whichever is the greatest.This cost shall include supervision, overhead,equipment,hourly wages and fringe benefits of the employee involved. (1) Building Permits 400.03-400.09 $1 to $500 $35.00 (includes one inspection) Each additional inspection $35.00 $501 to $2,000 $25.00 for the first $500 plus $3.25 each additional $100, or fraction thereof, to and including $2,000 with a minimum fee of $35.00. $2,001 to $25,000 $73.50 for the first$2,000 plus $14.75 for each additional$1,000, or fraction thereof, to and including$25,000. $25,001 to $50,000 $415.75 for the first$25,000 plus$10.75 for each additional$1,000, or fraction thereof, to and including$50,000. BOLD represents added/amended fees A-1 6 -3 TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING $50,001 to $100,000 $682.50 for the first$50,000 plus$7.50 for each additional$1,000, or fraction thereof, to and including$100,000. $100,001 to$500,000 $1,053.50 for the first$100,000 plus$6.00 for each additional $1,000, or fraction thereof,to and including$500,000. $500,001 to $1,000,000 $3,427.75 for the first$500,000 plus$5.00 for each additional $1,000, or fraction thereof,to and including$1,000,000. 1,000,001 and up $5,945.25 for the first $1,000,000 plus $4.00 for each additional $1,000, or fraction thereof. (2) Driveway, Parking 515.05 (no permit fee for sidewalks) $ 35.00 Area Permits (3) Swimming 420.00 Permanent or portable pools are based on building permit fees with a minimum of $ 35.00 (4) Plan Review Fee 400.03-400.09 35% of building permit fee for one and two family dwelling detached garages and basement remodels 65%of building permit fee for all other building permits, except no fee for the following: (a) Existing single family dwelling minor nonstructural alterations. (b) Single and two family dwelling repair and maintenance work. (c) Commercial and industrial repair and maintenance work not exceeding $1,000 or where plans are not required. Plan review fee for Maximum 25% of permit fee based on Minnesota State Building Code similar buildings 1300.0160 (5) Contractors License Charged once each time a contractor applies for $ 5.00 Verification Fee permit(s) (6) Moving- 845 Moving Permit Fee $ 50.00 Buildings (7) Structure Demolition 400.00-400.09 (a) Commercial Demolition cost as per Building Permit Schedule with a minimum of $ 50.00 (b) Dwelling One or two story $ 50.00 Residential-Garage and lesser structure $ 35.00 BOLD represents added/amended fees A-2 6 -14 TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (8) Plumbing Permit 400.03-400.09 Residential Minimum Fee 2%of Total Job cost with a minimum of $ 35.00 (includes one inspection) Each additional inspection $ 35.00 (9) Plumbing Permit 400.03-400.09 Commercial/Industrial/Multi-family Based on Total Job cost 2%of Estimated Job cost with a minimum of $ 45.00 (includes one inspection) Each additional inspection $ 35.00 Plan Review 10%of permit fee when the job cost exceeds $50,000 (10) Electrical Permit 400.03-.400.09 Residential (a) Minimum Fee which includes one inspection $ 35.00 (b) Each additional Inspection $ 35.00 (c) Complete Wiring Fee: $ 150.00 Single Family Dwelling and each dwelling unit of a two family dwelling and includes not more than three inspections. (d) New Service-up to 200 amps $ 55.00 (e) Temporary Service-(for construction) $ 45.00 (f) Installation, addition alteration, or repair of each circuit or feeder $ 8.00 (g) Swimming pool or exterior hot tub $ 55.00 (11) Electrical Permit 400.03-400.09 Commercial, Industrial a nd multiple p dwellings Commercial (more than two units)and Technology systems: Minimum Fee which includes one inspection $ 45.00 Each additional inspection $ 35.00 (a) Based on total job cost - 2%of estimated job cost with a minimum of $ 45.00 - Over$50,000 - Fee/$1,000.00 plus 1 1/2% of cost over $50,000.00 (b) Traffic Signals: Per Intersection $ 185.00 (c) Fire Alarm: Based on 3/4% of cost of electrical job to customer with a minimum of $ 45.00 (d) Carnivals,festivals and similar events plus$35.00 for each service on generator $ 110.00 (12) Electrical Permit 400.03-400.09 Based on 2% of cost of electrical job to customer with a Signs minimum of $ 45.00 (separate electrical permit required for signs) (13)Residential 400.03-400.09 Central Systems and Additions,Alterations and Repairs Heating, 1 1/2%estimated cost with a minimum of $ 35.00 Ventilating,Air (Includes one inspection) Conditioning and Each additional inspection $ 35.00 Refrigeration Commercial $ 45.00 Heating, Central Systems and Additions,Alterations and Repairs Ventilating,Air 1 1/2%estimated cost with a minimum of Conditioning and Refrigeration Plan Review of 10%of permit fee when the job cost exceeds $50,000. (14)Sign Installation 415.01-415.11 (a) Temporary sign permit $ 35.00 (b) Permanent sign (any size) $ 100.00 Building permit is required for sign support structures Fees based on building permit fee schedule BOLD represents added/amended fees A-3 ZONING, LAND USE AND RELATED CHARGES TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (1) Planned Unit 542 (a) $500 plus$5/$1,000 of project value up to a Development maximum fee of $ 3,500.00 (b) PUD Plan Amendment fee-major $ 550.00 (c) PUD Plan Amendment fee-minor $ 350.00 (2) Site Plan Review 547 (a) $500 plus$.50/$1,000 of project value to a maximum fee of $ 3,500.00 (b) Major amendment $ 500.00 (c) Minor amendment $ 350.00 (3) Variance 547 Residential $ 250.00 Non Residential $ 450.00 Extension $ 75.00 Variance Appeal Residential and Non Residential $ 150.00 (4) Conditional Use 547 (a) $500 + $.50/$1,000 of project value to a maximum Permit fee of $ 3,500.00 (b) Major amendment $ 500.00 (c) Minor amendment $ 350.00 (5) Interim Use Permit 547 $ 500.00 (6) *Zoning District 547 $ 500.00 Change (7) *Subdivision Approval 500.01-500.05 $ 500.00 Subdivision Waiver 500.05-Subd.2 $ 350.00 (8) Street Vacation 820 $ 350.00 (9) Appeal to Board of 547 $ 350.00 Adj.&Appeals (10) Special Request to $ 350.00 City Council (11)Zoning Compliance $ 50.00 Letter (12)Comprehensive Plan $ 600.00 Amend. (13) Plat: preliminary& $ 500.00 final (14)Sketch Plan Review $ 250.00 *Any additional expense of notification necessitated by applicants request for continuance will be charged to the applicant. BOLD represents added/amended fees A-4 FIRE SERVICES FEES TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (6) Fire Extinguishing Based on Building Permit fee schedule with a System Permit minimum of: $ 50.00 Plan review fee: 65% of building permit fee, except no fee for the following: (a)no charge for valuation of$1,000 or less (7) Fire Alarm Systems Based on Building Permit fee schedule with a minimum of: $ 50.00 Plan review fee: 65% of building permit fee, except no fee for the following: (a)no charge for valuation of$1,000 or less (8) Flammable or Tanks(installation or modification $ 150.00 Combustible Liquid or Gas Storage Installation or alteration of piping Tanks Each unit or dispenser $ 50.00 and Piping Underground Tank Removal $ 100.00/Tank MISCELLANEOUS FEES TYPE OF PERMIT SECTION DESCRIPTION FEE OR LICENSE REQUIRING (3) Antenna 426 (a)CWTS antenna permit application fee $ 100.00 Commercial Wireless (b)Antenna permit fee for additional antennas added to $ 35.00 Telecommunication an existing antenna location Service(CWTS) BOLD represents added/amended fees A-5 RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING APPENDIX D OF THE RICHFIELD CITY CODE TO ESTABLISH A FEE SCHEDULE FOR SKETCH PLAN REVIEW WHEREAS, the City has adopted the above referenced amendment of the Richfield City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL NO. 2012- AN ORDINANCE AMENDING APPENDIX D OF THE RICHFIELD CITY CODE TO ESTABLISH A FEE SCHEDULE FOR SKETCH PLAN REVIEW This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. This ordinance makes the following changes to the City Code: a fee of$250 is established for Sketch Plan Review. This service is an optional service that potential applicants may request. Copies of the ordinance are available for public inspection in the City Clerk's office during normal business hours or upon request by calling the Department of Community Development at (612) 861-9760. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of January, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: PROPOSED ORDINANCE AGENDA ITEM# 7 REPORT# 17 STAFF REPORT RICHFIELD CITY COUNCIL MEETING JANUARY 10, 2012 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: , 11 railtrwia" REVIEWED BY CITY %' MANAGER: � ! 4A ITEM FOR COUNCIL CONSIDERATION: Consider approval of an ordinance amending Zoning Code regulations to create separate standards for accessory buildings on exceptionally large residential lots. I. RECOMMENDED ACTION: By Motion: Approve an ordinance amending Subsection 514.05, Subdivisions 3 and 4; and Subsection 518.05, Subdivisions 3 and 4 related to accessory structures on residential lots of 15,000 square feet or more. II, BACKGROUND City staff recently received an application requesting a variance to allow an additional accessory structure on an exceptionally large lot. After reviewing the proposal, staff came to the conclusion that while the request seemed reasonable, the fact that the large parcel had been assembled by the property owner (through acquisition of abutting lots over time) precluded application for a variance. One of the criteria necessary for issuing a variance is that the unusual or unique circumstances that make a variance necessary (in this case — the unusual size of the lot) cannot have been created by the property owner. Staff suggested that an actual amendment to the Ordinance which would apply to all exceptionally large properties might be more appropriate. 011012 — 2nd Reading Lg Lot accessory bldgs.doc Explanation of Proposed Ordinance Changes: Currently, the Single-Family Residential (R) District allows for a combination of accessory structures that does not exceed 1,200 square feet in total. The maximum size of a garage is generally 1,000 square feet and other accessory structures are limited to 175 square feet. The total allowable square footage of 1,200 equates to approximately 18 percent of a 6,700 square foot lot which can be used for accessory purposes. The Low Density Single-Family Residential (R-1) District allows for a combination of accessory structures not to exceed 1,300 square feet. The same individual maximums apply to garages and other accessory structures. This equates to 13 percent of a 10,000 square foot lot. There are relatively few lots in the City that exceed 15,000 square feet (approximately 160 throughout the City). It seems reasonable to allow these property owners some additional flexibility in terms of accessory buildings given the size of their lots. The proposed change bases the amount of allowable space that can be dedicated to accessory uses on a percentage of the total lot size as opposed to a fixed number (13% of the lot is proposed). The proposed change will also allow larger individual non-garage accessory buildings (up to a maximum of 300 square feet as opposed to 175 square feet). Setbacks, impervious surface, building coverage and limits on the actual number of structures will remain the same, as will height limitations. III. BASIS OF RECOMMENDATION A. POLICY • The regulations of the Zoning Code are intended to promote harmonious relationships among land uses and to ensure that public and private lands are used for the purposes that are most appropriate and beneficial from the standpoint of the City as a whole. B. CRITICAL TIMING ISSUES • 60-DAY RULE: The 60-day clock `started' when a complete application was received on October 28, 2011. A decision was required by December 27, 2011 OR the Council was to notify the applicant of an extension (up to a maximum of 60 additional days or 120 days total). Due to the holiday, the City Council meeting for December 27, 2011 was cancelled. Notice of extension, identifying the second reading date as January 10, 2012 was sent to the applicant. C. FINANCIAL • The required application processing fee has been paid. D. LEGAL • A public hearing to consider the attached ordinance was held before the Planning Commission on November 28, 2011. Notice of the public hearing was published in the Sun Current in accordance with State and Local requirements. In addition to the applicant, one member of the public spoke in favor of the proposed amendment. • The Planning Commission recommended approval of the attached ordinance (8-0). • A first reading was approved by the Council (4-0) on December 13, 2011. E. ENVIRONMENTAL CONSIDERATIONS • Impervious surface limitations remain unchanged. No environmental impact is anticipated. IV. ALTERNATIVE RECOMMENDATION(S) • Reject the proposed ordinance. V. ATTACHMENTS • Ordinance VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Mr. Scott Sharpe, applicant and property owner representative. - i BILL NO. AMENDMENT TO RICHFIELD CITY CODE RELATED TO ZONING AMENDING SUBSECTION 514.05, SUBDIVISIONS 3 AND 4; AND SUBSECTION 518.05, SUBDIVISIONS 3 AND 4 RELATED TO ACCESSORY STRUCTURES ON RESIDENTIAL LOTS OF 15,000 SQUARE FEET OR MORE THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 514.05, Subdivisions 3 and 4 of the Richfield City Code are amended to read as follows: Subd. 3. Private garages (includes attached and detached) or carports that do not exceed 1,000 square feet in gross floor area, do not exceed an aggregate of 1,200 square feet (or 13% of lot area in the case of lots of 15,000 square feet or more) in gross floor area when combined with all other accessory buildings and attached garages on the lot, and are constructed in accordance with Subdivision 2 of this subsection. Subd. 4. Greenhouses, storage buildings, and gazebos that do not exceed 175 square feet (300 square feet in the case of lots of 15,000 square feet or Iargerl in gross floor area, do not exceed an aggregate of 1,200 square feet (or 13% of lot area in the case of lots of 15,000 square feet or more) in gross floor area when combined with all other accessory buildings and attached garages on the lot, and are constructed in accordance with Subdivision 2 of this subsection. Section 2 Subsection 514.05, Subdivisions 3 and 4 of the Richfield City Code are amended to read as follows: Subd. 3. Private garages (includes attached and detached) or carports that do not exceed 1,000 square feet in gross floor area, do not exceed an aggregate of 1,300 square feet (or 13% of lot area in the case of lots of 15,000 square feet or more) in gross floor area when combined with all other accessory buildings and attached garages on the lot, and are constructed in accordance with Subdivision 2 of this subsection. Subd. 4. Greenhouses, storage buildings, and gazebos that do not exceed 175 square feet (300 square feet in the case of lots of 15,000 square feet or larger) in gross floor area, do not exceed an aggregate of 1,300 square feet (or 13% of lot area in the case of lots of 15,000 square feet or more) in gross floor area when combined with all other accessory buildings and attached garages on the lot, and are constructed in accordance with Subdivision 2 of this subsection. Section 3 This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 10th day of January, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: RESOLUTIONS AGENDA ITEM# 8 REPORT# 18 STAFF REPORT RICHFIELD CITY COUNCIL MEETING JANUARY 10, 2012 KAREN BARTON, COMMUNITY REPORT PREPARED BY: DEVELOPMENT ASSISTANT DIRECTOR NAME,TITLE DEPARTMENT DIRECTOR 1 REVIEW: �.,A!, CITY 4JyrNP Il f ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving the 2012 Social Service Agency funding recommendations and authorizing the City Manager to execute agreements for service with those agencies funded by the City. I. RECOMMENDED ACTION: By Motion: Approve a resolution approving the 2012 Social Service Agency funding recommendations and authorizing the City Manager to execute agreements for service with those agencies funded by the City. II. BACKGROUND The City of Richfield allocates funds on an annual basis to social service agencies serving the Richfield community. The following priority areas for funding consideration, established by the Richfield Human Services Planning Commission, were used to evaluate the applications received: 1) services for vulnerable senior residents; 2) services for individuals, families, teens and/or children at risk; and 3) housing support services for low- income persons and persons at risk. An announcement was made soliciting funding proposals for service in the Sun Current. Notices were also sent directly to prospective agencies. 01102012 Social Service Funding A total of 10 applications were received from the following agencies: Headway Emotional Health (The Storefront Group), Cornerstone Advocacy Services, TRAIL (Transportation Resources to Aid Independent Living), The Family Partnership, Community Involvement Programs, MIRA (Modulo De Informacion De Recursos Y Apoyo), Bridging, Loaves and Fishes, VEAP (Volunteers Enlisted to Assist People), and Richfield R.E.A.D.Y. (Residents Encouraging Asset Development in Youth). VEAP submitted their completed application one day late on November 29, 2011. The reason for the late submittal was stated that the person submitting the application thought the due date was November 30, 2011. Richfield R.E.A.D.Y. emailed City staff on November 29, 2011, one day after the deadline, stating that the person submitting the application had been waiting for their treasurer to send them the tax exempt records and then the person submitting was out sick. The completed application was received by City staff on November 30, 2011, two days past the deadline. VEAP and Richfield R.E.A.D.Y.'s applications were submitted after the deadline, and therefore, have not been recommended for funding solely for that reason. The remaining eight applications represent a wide variety of services offered to Richfield residents, as well as others outside of the City of Richfield. The total funding requested by the eight eligible agencies exceeded the City's funding by $2,406, or approximately 3%. Staff reviewed the proposals from the qualifying applicant agencies and is making the following recommendations for funding: Organization 2012 Funding Request 2012 Recommendation Headway/Storefront $20,000 $19,500 MIRA $15,000 $14,550 TRAILS $2,604 $2,550 Community Involvement Program $8,352 $8,100 Bridging, Inc. $8,000 $7,750 Cornerstone Advocacy $16,550 $16,250 Loaves and Fishes $5,000 $4,850 The Family Partnership $15,000 $14,550 VEAP $20,000 $0 Richfield R.E.A.D.Y. $3,000 $0 TOTAL $113,506 $88,100 As an alternative, the City could choose to include funding for VEAP and Richfield R.E.A.D.Y. resulting in the total funding requested by all ten of the agencies to exceed the City's funding by $22,802, or approximately 23%. The revised recommendations would be as follows: Organization 2012 Funding Request 2012 Recommendation Headway/Storefront $20,000 $15,500 MIRA $15,000 $11,625 TRAILS $2,604 $2,125 Community Involvement Program $8,352 $6,475 Bridging, Inc. $8,000 $6,200 Cornerstone Advocacy $16,550 $12,825 Loaves and Fishes $5,000 $3,900 The Family Partnership $15,000 $11,625 VEAP $20,000 $15,500 Richfield R.E.A.D_Y. $3,000 $2,325 TOTAL $113,506 $88,100 The 2012 recommendations are based on the following criteria: • Demonstrated need of service for targeted population. • Collaboration with other service providers. • Participation in RCC, HSSC and its related activities. • Efforts to serve cultural/ethnic and low-income populations. • Demonstrated value to the community. • Does not duplicate services to Richfield residents. • Cost per Richfield Resident served. The chart below provides a five-year history of the City of Richfield Social Service grant awards: Organization 2007 2008 2009 2010 2011 2012 Proposed Senior Community Srvcs 9,070 11,500 $11,160 $8,760 $9,000 Cornerstone 15,000 15,000 $13,950 $16,460 $13,250 $16,550 Storefront/Headway 28,000 28,000 $26,040 $21,745 $14,100 $19,200 Family&Children's 8,000 8,000 $7,440 $11,000 $15,000 Services/The Family Partnership VEAP 15,000 15,000 $15,810 $14,600 $14,000 Richfield READY 2,500 2,500 $2,325 $2,500 MIRA 9,285 $9,737 $10,950 $9,500 $14,200 Church of New Life $2,325 $5,395 Loaves& Fishes 3,000 $3,720 $3,650 $4,000 $5,000 Bethany Covenant Church 7,285 CAPSH 5,000 Assumption Church 8,000 Bridging, Inc. $10,950 $5,000 $7,200 Community Involvement $5,000 $8,350 Program Family Stability Work Grp $750 TRAILS $2,600 TOTAL $93,570 $96,570 $92,507 $92,510 $88,100 _ $88,100 III. BASIS OF RECOMMENDATION A. POLICY • All recommendations meet the priorities established for funding (see attached "Guidelines and Instructions for 2012 Funding Assistance" and "2012 Application for Funding Assistance"). • Agencies recommended for funding have met review criteria in the areas of service need and program management (see attached "Guidelines and Instructions for 2012 Funding Assistance" and "2012 Application for Funding Assistance"). • Agencies recommended for funding have stated service outcomes and have established methods for evaluating service results. B. CRITICAL TIMING ISSUES • Services are to be provided in calendar year 2012. C. FINANCIAL • Recommendations are based on the unallocated portion($88,100 Human Services-Programs), of the 2012 Other Agencies Division Budget. A City Council/Administration 2012 allocation of$24,500 of this budget is designated for the Hennepin South Services Collaborative for research, planning and coordination functions. D. LEGAL • Agencies awarded funding will be required to sign a Service Agreement. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Approve recommendations with revised allocations. • Approve recommendations with revised allocations to all agencies to include VEAP and Richfield R.E.A.D.Y. • Do not approve recommendations. V. ATTACHMENTS • Resolution • Alternate Resolution that includes funding for VEAP and Richfield R.E.A.D.Y. • Descriptions of Applicant Services • Guidelines, Instructions, and application for 2012 Funding Assistance VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None g - t RESOLUTION NO. A RESOLUTION APPROVING THE 2012 SOCIAL SERVICE AGENCY FUNDING RECOMMENDATIONS AND AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS FOR SERVICE WITH THOSE AGENCIES FUNDED BY THE CITY WHEREAS, the City of Richfield desires to support social service agencies serving the City's residents; and WHEREAS, the City of Richfield has allocated funding for this purpose; and WHEREAS, the City of Richfield solicited applications for said funding and has reviewed the applications against criteria established for the award of this funding; NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Richfield that the funds are allocated as follows: Organization Recommendation Cornerstone— Crisis Intervention $16,250 The Family Partnership— Community Building Initiatives $14,550 TRAIL—Transportation Services $2,550 Headway/Storefront—Youth and family counseling and support services $19,500 MIRA— Programs, Information & Referral Services $14,550 Loaves and Fishes — meal services, referral and advocacy $4,850 Bridging, Inc. —furniture and household goods $7,750 Community Involvement Program — Employment, residential, nursing, and $8,100 mental health services TOTAL $88,100 BE IT FURTHER RESOLVED that the City Manager be authorized to execute contractual agreements with the above-named agencies summarizing services to be provided to Richfield residents. Passed by the City Council of the City of Richfield, Minnesota this 10th day of January, 2012. Debbie Goettel, Mayor Nancy Gibbs, City Clerk g RESOLUTION NO. A RESOLUTION APPROVING THE 2012 SOCIAL SERVICE AGENCY FUNDING RECOMMENDATIONS AND AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS FOR SERVICE WITH THOSE AGENCIES FUNDED BY THE CITY WHEREAS, the City of Richfield desires to support social service agencies serving the City's residents; and WHEREAS, the City of Richfield has allocated funding for this purpose; and WHEREAS, the City of Richfield solicited applications for said funding and has reviewed the applications against criteria established for the award of this funding; NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Richfield that the funds are allocated as follows: Organization Recommendation Cornerstone — Crisis Intervention $12,825 The Family Partnership— Community Building Initiatives $11,625 TRAIL—Transportation Services $2,125 Headway/Storefront—Youth and family counseling and support services $15,500 MIRA— Programs, Information & Referral Services $11,625 Loaves and Fishes — meal services, referral and advocacy $3,900 Bridging, Inc. —furniture and household goods $6,200 Community Involvement Program — Employment, residential, nursing, and $6,475 mental health services VEAP $15,500 Richfield R.E.A.D.Y. $2,325 TOTAL $88,100 BE IT FURTHER RESOLVED that the City Manager be authorized to execute contractual agreements with the above-named agencies summarizing services to be provided to Richfield residents. 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RR \ E a) 0 § O) 2 § 0 k - « § E \ o. E }-0 . 2222 0 co • m o 2 E E E • a) di p @ '- o i 0 £ 0 o o % ° = a)E o£ : rb i 2 : E » % % . @ @ @ c = :0 oa \ 2° ® 8)a. E3E/ a § Jm : - U ® <« 0 6 % : 2 0) - � co . . . . . � . . . . . . - - o U-I ° ' . . . . . . . . . . . . . . . . . . . . . k § o . § § E 4 o 4- > -o o 0U) C c o. U)- E f � '7° o c m E @ ::CD • @ o � 2 2 o > .c £ � 2 % 5 a) m 2 #A r o m - c @ ( m 4 E - 2 0 @ > p % 2 • � \� : \ 2 •- a ¥ � � 2 2 9 4- & � wo co- E7 f § o J A a) 0) § % fc cc 0 (1 L. > k 0 CC.U) Cl) \ \ \ 0 Q 3 ». � 2 @ \ \ % \\ \ W Cr 0 "0 Q. 0 Ill ter? / ] �-5 CITY OF RICHFIELD GUIDELINES AND INSTRUCTIONS FOR 2012 FUNDING ASSISTANCE The City of Richfield is offering Social Service grants non-profit agencies serving the City of Richfield. Funding parameters and priority goals for the purpose of making the best use of funds are as follows: Funding Parameters • Any non-profit organization is eligible to apply. • Projects must serve Richfield residents. • Because of limited funds, requests made should not cover all expenses of a proposed service. Priority Goals Projects must address at least one of the following priorities: • Services for vulnerable senior residents. • Services for individuals, families, teens and/or children at risk. • Housing support services for low-income persons and persons at risk. Award Criteria Priority will be given to proposals that meet the following criteria: • Demonstrated need of the proposed service for the targeted population. • Collaboration with other service providers. • Participation in the Richfield Community Council and Hennepin South Services Collaborative and its related activities. • Efforts to serve low-income persons of all races/cultures/ethnicities. • Demonstrated value to the community. • Does not duplicate services to Richfield residents. Completed applications must be submitted by November 28, 2011 APPLICATION INSTRUCTIONS The attached Application for Funding Assistance must be used in your request for funds. All requests for funding must include the following information: • Typewritten responses to all questions on the 2012 Application. • Agency/program name and address, contact person name, title, phone #, fax #, and Email address as applicable. • Please do not include expensive binding, brochures, letters of support or materials not asked for in the application. • NOTE: You must use the updated 2012 Instructions and Application Questions. Submit 1 original (2-sided printing) and 1 email copy of completed application by November-28, 2011 to: Karen Barton Community Development Manager City of Richfield 6700 Portland Avenue Richfield, MN 55423 kbarton a(�cityofrichfield.orq The City will review applications for social service funds. Applicants may be asked to respond in writing to additional questions. The City will determine 2012 funding recommendations in December, 2011. The Richfield City Council will award grant funds in January, 2012. Agencies awarded social services grants will be required to sign a service agreement for calendar year 2012 and submit semi-annual reports on.service outcomes. Please contact Karen Barton at 612-861-9777 or kbarton(ucityofrichfield.orq with any questions and for assistance in completing grant applications. Completed applications must be submitted by November 28, 2011 CITY OF RICHFIELD 2012 APPLICATION FOR SOCIAL SERVICE FUNDING ASSISTANCE PROPOSAL HEADING 1. Agency name, address, contact person, and phone/fax/email 2. Amount of request 3. Brief description of service(s) provided 4. Identify priority area(s) you are addressing: a) Services for vulnerable senior residents b) Services for individuals, families, teens and/or children at risk c) Housing support services for low-income persons and persons at risk d) Other: Please Specify ADMINISTRATION 1. Provide a mission statement for your agency. 2. Provide verification of your organization's non-profit legal status. 3. Indicate your total agency budget for 2012. 4. Indicate your proposed project budget for 2012 Itemize proposed expenses and describe as applicable. Indicate both proposed City funds and other funds to support the project. PROGRAM 1. Describe service to be funded. Include: a) Brief statement detailing the service is and how it is provided. b) Target population(s); estimated number of unduplicated individuals you plan to serve residing in the City of Richfield. c) Eligibility criteria and process. d) How clients are involved in the planning process for service. e) Desired client outcomes and methods of evaluating and measuring client progress (use attached "Proposed Outcome/Evaluation Methods" form). 3. Demonstrate the need for the proposed service. 4. Describe efforts to outreach to target population, including immigrant and low- income individuals. 5. If City funds were reduced or not available after 2012, how you would continue to provide the service. COLLABORATION EFFORTS 1. Are you a partner in the Richfield Community Council, Hennepin South Services Collaborative or the Children's Mental Health Collaborative? If so, briefly describe your involvement. 2. Describe your efforts to collaborate with other agencies including your involvement in developing and participating in these collaborations. Please contact Karen Barton at 612-861-9777 or kbarton(a�cityofrichfield.orq with any questions and for assistance in completing grant applications. Completed applications must be submitted by November 28, 2011 g -g 0 N O H fl- N 0. L CO 0 C . C a,: 0 > '0 ti■. O = N N 11 N O c N 'C.. N E ,3 N Q 0 E N L O ca P. of s .. a N I a) c a) c o 4 C • a ua. > cp m 0w 0 �n 0 .2 c o CO U) � � � •v = U) 0 a), . a 0 a) o. � L, O C• 1- a)0 N o . - N 0 Q 4- N o 4'. t •y 0 E o ca '� O LO a) 0 � YCa ▪ a N W a 0). 0 cts 0 w 3 0 W v as as a 0 0 _ N.'. U v O L c .5 co s c 0 .. • L d `o = "' rn O `o a � � CO N 0 d �' ANN 'c t1 E N .c ,E v> a) •0 t° E �.�- ca t L O O O a) .— 0 u)4..1 0 M ++ 4-• c c S c . � uNL E • 0 0 CO 0 m `o c a •� C) Q a n 0 I .=_ 0 '6 ". N �' O N CO O m L c O 0 Ewa; C> '- ov � 13 E 'c 2 Z 4 > a - CO 0 ZQUam O 'N Oaaas AGENDA SECTION: RESOLUTIONS AGENDA ITEM# 9 REPORT# 19 medal STAFF REPORT RICHFIELD CITY COUNCIL MEETING JANUARY 10, 2012 REPORT PREPARED BY: JESSE SWENSON,HUMAN RESOURCES COORDINATOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE , 117 REVIEWED BY CITY MANAGER: 4.1..._. 111/ ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving an amendment to the 2011-2012 labor agreement with the International Union of Operating Engineers Local 49. I. RECOMMENDED ACTION: By Motion: Adopt the resolution designating a 1% salary increase, effective January 1 2012, plus a 1% salary increase effective July 1 2012, and the City's contribution towards health and dental insurance premiums for the International Union of Operating Engineers Local 49. II. BACKGROUND City staff has completed labor negotiations with the International Union of Operating Engineers Local 49 (Union) for the contract re-openers (Article 26 Health Insurance and Article 31 Wages) of its 2011-2012 contract, subject to Council approval. The Union includes Public Works Workers, Water Plant Operators, Water Plant Mechanics, Automotive Mechanics, Assistant Facility Operator and Leadworkers. There are approximately 38 employees represented in this unit. 0110 LT reopener 2012 The tentatively approved settlement includes the following changes: Wages A one percent wage adjustment effective January 1 2012, with an additional one percent increase effective July 1 2012. Insurance A $0 increase to the Employer health insurance contribution which provides full coverage at the High Option plan for single Employee at $616.50 per month, $915 per month for Employee plus spouse or Employee plus child(ren) coverage and $965 per month for Employee plus family coverage. For Employees who select the single tier $2500 High Deductible Health Plan option, the Employer will contribute a maximum of$250 per month into the Employee's Health Savings Plan. The City received a decrease in health insurance premiums for 2012 from the new carrier, Blue Cross Blue Shield. The entire savings was passed on to the employees in lieu of an increase in City contributions. A $2 increase to-the Employer contribution for Employee single dental insurance coverage at $40 per month. III. BASIS OF RECOMMENDATION A. POLICY • The City has met and negotiated in good faith with the Union and its representatives and is bound under the Public Employer's Labor Relations Act to meet and bargain over the terms and conditions of employment. • The proposed settlement for the re-opener provisions is identical in wages and health and dental insurance provisions to non-union City employees. The City has a long history of providing the salary increase and same level of health and dental insurance contributions to all eligible City employees and strives to maintain that equity. • The wage settlement and health insurance provision is well within the range for other comparable bargaining groups in similar metro cities. The vast majority of Logis groups passed the health insurance premium savings onto their employees. B. CRITICAL TIMING ISSUES • In order to allow the City's accounting personnel to modify payroll records in a timely manner for 2012 wages and benefits, it is recommended that the City Council act on January 10, 2012 to adopt the attached resolution providing for contract changes, effective January 1, 2012. C. FINANCIAL • One percent wage increase effective January 1 2012 and one percent wage increase effective July 1 2012, for contract year 2012. D. LEGAL • If the terms of this agreement are not approved, further negotiation and/or mediation will be necessary. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Do not approve the terms of this agreement and prepare for further negotiation and/or mediation. • Defer discussion to another date. V. ATTACHMENTS • Resolution VI. -PRINCIPAL PARTIES EXPECTED AT MEETING • None. ' RESOLUTION NO. RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARDS HEALTH AND DENTAL INSURANCE PREMIUMS AND SALARY INCREASE FOR EMPLOYEES COVERED BY THE INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 49 WHEREAS, the City of Richfield and International Union of Operating Engineers Local 49 signed a bargaining agreement covering a two year period from January 1, 2011 through December 31, 2012; and WHEREAS, the labor agreement covers all terms and conditions of employment including the City contribution for health insurance benefits and salary schedule; and WHEREAS, Article 36 of the labor agreement provides for either party to amend the provisions in Article 26, Insurance and Article 31, Wages; and WHEREAS, the City has historically provided the same salary increase and level of health insurance contribution to all eligible City employees, both union and non-union; and WHEREAS, the City Ordinance requires that contracts between the City_and the _ exclusive representative of the employees in an appropriate bargaining unit shall be completed by Council resolution. WHEREAS, the City Council is required to determine, by resolution, the City's contribution toward the premium for employee group insurance coverage and salary increases. NOW, THEREFORE, BE IT RESOLVED that the City shall contribute a maximum of $616.50 per month for employee only health insurance coverage, $915 per month for employee plus spouse or employee plus child(ren) health insurance coverage, and $965 per month for family health insurance. Such contributions shall be for coverage effective January 1, 2012; and BE IT FURTHER RESOLVED that the City shall contribute a maximum of$40 per month for employee single dental insurance. Such contribution shall be for coverage effective January 1, 2012; and BE IT FURTHER RESOLVED that the City shall implement a salary schedule, effective January 1 2012, which provides a 1% increase in wages, with an additional 1% increase effective July 1 2012. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of January 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: RESOLUTIONS AGENDA ITEM# 10 REPORT# 20 STAFF REPORT RICHFIELD CITY COUNCIL MEETING JANUARY 10, 2012 REPORT PREPARED BY: JESSE SWENSON HUMAN RESOURCES COORDINATOR NAME, TITLE DEPARTMENT DIRECTOR ► REVIEW: _ 11N, IGNATURE REVIEWED BY CITY • MANAGER: , ITEM FOR COUNCIL CONSIDERATION: Consideration of resolutions approving the adoption of the 2012 Management, General Services, and Specialized salary compensation plans, and adjustments to certain seasonal and intermittent pay rates. I. RECOMMENDED ACTION: By Motion: Adopt resolutions designating a 1% salary increase, effective January 1 2012, and a 1% salary increase, effective July 1 2012 for the Management, General Services, and Specialized Salary Compensation Plans. II. BACKGROUND During the years 2009 and 2010 City staff received either a delayed wage increase or no increase at all. In 2009, a three percent increase was delayed to March 29th and in 2010 all employee groups received a zero percent wage increase to their base wage. In 2011, City staff received a 2% wage increase effective the first full pay period of 2011. However, the Specialized pay plan did not receive an increase in 2010 or 2011. The proposed one percent wage adjustment effective January 1, 2012, with an additional one percent wage adjustment effective July 1, 2012, is comparable to other bargaining groups in similar metro cities. A survey of Stanton 5 cities indicates that those cities are providing anywhere from a 1 to 3 percent increase. The City has a long history of trying to remain as close to the mid-range as possible for Stanton 5 cities, in terms of wages and benefits. In order to meet the City's long-held goal to keep its wages and benefits in the middle of the pay ranges of similar metro cities and operations, the following compensation adjustments are being recommended and/or implemented to the Specialized pay plan: 1. Various recreation department positions will be reclassified to the pay rate below which they are currently. The positions being reclassified are: Teen Leader, Lifeguard, Outdoor Skating/Warming House Supervisor, and Playground Leader. 2. Also, the Adaptive Assistant position in the recreation department will be removed from the pay plan since it is no longer an active position in the City. III. BASIS OF RECOMMENDATION A. POLICY • The City of Richfield has historically given employees that are represented by labor unions and those not represented by unions, such as General Services and Management, the same salary adjustments each year. • As of the writing of this staff report, one labor union (Local 49) has agreed to a one percent wage increase effective January 1 2012 and one percent wage increase effective July 1 2012. The City is beginning negotiations with the other four bargaining units. B CRITICAL TIMING ISSUES • In order to allow the City's accounting personnel to modify payroll records in a timely manner for 2012 wages and benefits, it is recommended that the City Council act on January 10, 2012 to adopt the attached resolution providing for contract changes, effective January 1, 2012. C. FINANCIAL • One percent wage increase effective January 2012 and one percent wage increase effective July 2012, for contract year 2012. • The M-1 pay grade received a 1.5% additional adjustment due to the fact the particular pay grade was previously withheld from an adjustment because of comparable worth considerations. The increase brings the grade more in line with the other management pay grades. D. LEGAL • Salary adjustments for any City employee group must be done by an act of the City Council in the form of a resolution. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S) • The City Council could decide not to adopt these resolutions. V. ATTACHMENTS • Resolutions VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 10 - I RESOLUTION NO. RESOLUTION RELATING TO THE 2012 GENERAL SERVICES SALARY COMPENSATION PLAN WHEREAS, the municipal code of the City of Richfield provides for the adoption of a pay plan for General Services employees from time-to-time, and WHEREAS, the City administration has prepared a 2012 pay plan for position classifications for General Services employees. The City Manager is authorized to add or reclassify positions as necessary. Examples of positions in each pay grade are attached. NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the year 2012 the following pay plan, which is to be effective January 1 2012 and July 1 2012, and subject to all applicable provisions of the City Code: Effective the first full pay period of January 2012 STEP 1 2 3 4 5 6 RANGE GS1 YR 31,657.60 33,529.60 35,380.80 37,294.40 39,520.00 40,684.80 MO 2,638.13 2,794.13 2,948.40 3,107.87 3,293.33 3,390.40 BW 1,217.60 1,289.60 1,360.80 1,434.40 1,520.00 1,564.80 HR - 15.22 16.12 - _1 7.0-1 __ 17.93 _ _19.00_ 19.56 _ GS2 YR 34,840.00 36,608.00 38,396.80 40,352.00 42,432.00 44,532.80 MO 2,903.33 3,050.67 3,199.73 3,362.67 3,536.00 3,711.07 BW 1,340.00 1,408.00 1,476.80 1,552.00 1,632.00 1,712.80 HR 16.75 17.60 18.46 19.40 20.40 21.41 GS3 YR 38,396.80 40,352.00 42,494.40 44,532.80 46,758.40 49,316.80 MO 3,199.73 3,362.67 3,541.20 3,711.07 3,896.53 4,109.73 BW 1,476.80 1,552.00 1,634.40 1,712.80 1,798.40 1,896.80 HR 18.46 19.40 20.43 21.41 22.48 23.71 GS3E YR 41,288.00 43,368.00 45,676.80 47,881.60 50,232.00 53,040.00 MO 3,440.67 3,614.00 3,806.40 3,990.13 4,186.00 4,420.00 BW 1,588.00 1,668.00 1,756.80 1,841.60 1,932.00 2,040.00 HR 19.85 20.85 21.96 23.02 24.15 25.50 GS4 YR 42,494.40 44,532.80 46,820.80 49,171.20 51,604.80 54,329.60 MO 3,541.20 3,711.07 3,901.73 4,097.60 4,300.40 4,527.47 BW 1,634.40 1,712.80 1,800.80 1,891.20 1,984.80 2,089.60 HR 20.43 21.41 22.51 23.64 24.81 26.12 GS4E YR 45,635.20 47,860.80 50,315.20 52,873.60 55,494.40 58,302.40 MO 3,802.93 3,988.40 4,192.93 4,406.13 4,624.53 4,858.53 BW 1,755.20 1,840.80 1,935.20 2,033.60 2,134.40 2,242.40 HR 21.94 23.01 24.19 25.42 26.68 28.03 GS5 YR 46,820.80 49,171.20 51,604.80 54,329.60 57,033.60 59,904.00 MO 3,901.73 4,097.60 4,300.40 4,527.47 4,752.80 4,992.00 BW 1,800.80 1,891.20 1,984.80 2,089.60 2,193.60 2,304.00 HR 22.51 23.64 24.81 26.12 27.42 28.80 GS5E YR 50,315.20 52,873.60 55,452.80 58,302.40 61,235.20 64,646.40 MO 4,192.93 4,406.13 4,621.07 4,858.53 5,102.93 5,387.20 BW 1,935.20 2,033.60 2,132.80 2,242.40 2,355.20 2,486.40 HR 24.19 25.42 26.66 28.03 29.44 31.08 GS6 YR 51,604.80 54,329.60 57,033.60 59,904.00 62,961.60 69,430.40 MO 4,300.40 4,527.47 4,752.80 4,992.00 5,246.80 5,785.87 BW 1,984.80 2,089.60 2,193.60 2,304.00 2,421.60 2,670.40 HR 24.81 26.12 27.42 28.80 30.27 33.38 GS6E YR 55,452.80 58,302.40 61,256.00 64,334.40 67,558.40 74,609.60 MO 4,621.07 4,858.53 5,104.67 5,361.20 5,629.87 6,217.47 BW 2,132.80 2,242.40 2,356.00 2,474.40 2,598.40 2,869.60 HR 26.66 28.03 29.45 30.93 32.48 35.87 10 - a Effective the first full pay period of July 1st 2012 STEP 1 2 3 4 5 6 RANGE GS1 YR 31,969.60 33,862.40 35,734.40 37,668.80 39,915.20 41,100.80 MO 2,664.13 2,821.87 2,977.87 3,139.07 3,326.27 3,425.07 BW 1,229.60 1,302.40 1,374.40 1,448.80 1,535.20 1,580.80 HR 15.37 16.28 17.18 18.11 19.19 19.76 GS2 YR 35,193.60 36,982.40 38,771.20 40,747.20 42,848.00 44,969.60 MO 2,932.80 3,081.87 3,230.93 3,395.60 3,570.67 3,747.47 BW 1,353.60 1,422.40 1,491.20 1,567.20 1,648.00 1,729.60 HR 16.92 17.78 18.64 19.59 20.60 21.62 GS3 YR 38,771.20 40,747.20 42,910.40 44,969.60 47,216.00 49,816.00 MO 3,230.93 3,395.60 3,575.87 3,747.47 3,934.67 4,151.33 BW 1,491.20 1,567.20 1,650.40 1,729.60 1,816.00 1,916.00 HR 18.64 19.59 20.63 21.62 22.70 23.95 GS3E YR 41,704.00 43,804.80 46,134.40 48,360.00 50,731.20 53,580.80 MO 3,475.33 3,650.40 3,844.53 4,030.00 4,227.60 4,465.07 BW 1,604.00 1,684.80 1,774.40 1,860.00 1,951.20 2,060.80 HR 20.05 21.06 22.18 23.25 24.39 25.76 GS4 YR 42,910.40 44,969.60 47,299.20 49,670.40 52,124.80 54,870.40 MO 3,575.87 3,747.47 3,941.60_ 4,1.39.20 4,343.73 _ BW 1,650.40 1,729.60 1,819.20 1,910.40 2,004.80 2,110.40 HR 20.63 21.62 22.74 23.88 25.06 26.38 GS4E YR 46,092.80 48,339.20 50,814.40 53,393.60 56,056.00 58,884.80 MO 3,841.07 4,028.27 4,234.53 4,449.47 4,671.33 4,907.07 BW 1,772.80 1,859.20 1,954.40 2,053.60 2,156.00 2,264.80 HR 22.16 23.24 24.43 25.67 26.95 28.31 GS5 YR 47,299.20 49,670.40 52,124.80 54,870.40 57,595.20 60,507.20 MO 3,941.60 4,139.20 4,343.73 4,572.53 4,799.60 5,042.27 BW 1,819.20 1,910.40 2,004.80 2,110.40 2,215.20 2,327.20 HR 22.74 23.88 25.06 26.38 27.69 29.09 GS5E YR 50,814.40 53,393.60 56,014.40 58,884.80 61,838.40 65,291.20 MO 4,234.53 4,449.47 4,667.87 4,907.07 5,153.20 5,440.93 BW 1,954.40 2,053.60 2,154.40 2,264.80 2,378.40 2,511.20 HR 24.43 25.67 26.93 28.31 29.73 31.39 GS6 YR 52,124.80 54,870.40 57,595.20 60,507.20 63,585.60 70,116.80 MO 4,343.73 4,572.53 4,799.60 5,042.27 5,298.80 5,843.07 BW 2,004.80 2,110.40 2,215.20 2,327.20 2,445.60 2,696.80 HR 25.06 26.38 27.69 29.09 30.57 33.71 GS6E YR 56,014.40 58,884.80 61,859.20 64,979.20 68,224.00 75,358.40 MO 4,667.87 4,907.07 5,154.93 5,414.93 5,685.33 6,279.87 BW 2,154.40 2,264.80 2,379.20 2,499.20 2,624.00 2,898.40 HR 26.93 28.31 29.74 31.24 32.80 36.23 � o - 3 a. Step 1 - Start b. Step 2 - One year from anniversary date. c. Step 3 - One year since last increase. If an employee is rated Needs Improvement, the employee may not advance to Step 3 until performance is rated Satisfactory or higher. d. Step 4 - One year since last increase. If an employee is rated Needs Improvement, the employee may not advance to Step 4 until performance is rated Satisfactory or higher. e. Step 5 - One year since last increase. An employee must achieve a Satisfactory rating or better in all areas of responsibility before advancing to Step 5. f. Step 6 - One year since last increase. An employee must achieve a Satisfactory rating or better in all areas of responsibility before advancing to Step 6. Employees whose competency level and/or performance are rated Unsatisfactory may not advance to the next step until their performance improves. Passed by the City Council of the City of Richfield, Minnesota this 10th day of January 2012. Debbie Goettel Mayor ATTEST: Nancy Gibbs City Clerk (Revised 12-2011) I o - q GENERAL SERVICES POSITION CLASSIFICATION STRUCTURE GRADE POSITION TITLES CLASS 1 Office Aide Non-Exempt Data Entry Operator Non-Exempt Switchboard-Receptionist Non-Exempt 2 Community Development Technician Non-Exempt Community Service Officer Non-Exempt Custodian Non-Exempt Investigative Clerk Non-Exempt Lead Liquor Clerk Non-Exempt Licensing Clerk Non-Exempt Police Cadet Non-Exempt Senior Office Aide Non-Exempt 3 Accounting Clerk Non-Exempt Community Development Assistant Non-Exempt Facility Operations Assistant Non-Exempt Forestry Inspector/Operations Assistant Non-Exempt Environmental Health Assistant Non-Exempt Lead Licensing Clerk Non-Exempt Leased Housing Assistant Non-Exempt Secretary Non-Exempt Utility Billing Clerk Non-Exempt 3E Assistant Liquor Store Manager Exempt 4 Assessment Clerk Non-Exempt Information Technologies Help Desk Non-Exempt Technician Operations Aide Non-Exempt 4SNE Administrative Aide Non-Exempt 5 Engineering Technician Non-Exempt Facility Maintenance Supervisor Non-Exempt Recreation Supervisor Part-time Non-Exempt Information Technologies Technician Non-Exempt 5E Code Compliance Specialist Exempt Crime Prevention Program Coordinator Exempt Community Development Accountant Exempt Community Development Coordinator Exempt Executive Coordinator Exempt Housing Specialist Exempt Human Services Planner/Coordinator Exempt Media Coordinator Exempt Naturalist Exempt Payroll Accountant Exempt Records Supervisor Exempt Recreation Supervisor Exempt Redevelopment Specialist Exempt 6 Civil Engineer Non-Exempt Network Administrator Non-Exempt Project Civil Engineer Non-Exempt Trade/Building Inspector Non-Exempt Trade/Electrical Inspector Non-Exempt 6E Accountant Exempt Planner Exempt Human Resources Coordinator Exempt ID - 5 RESOLUTION NO. RESOLUTION RELATING TO THE 2012 MANAGEMENT SALARY COMPENSATION PLAN WHEREAS, the municipal code of the City of Richfield provides for the adoption of a pay plan for Management employees from time-to-time; and WHEREAS, the City administration has prepared a 2012 pay plan for position classifications for Management employees. The City Manager is authorized to add or reclassify positions as necessary. Examples of positions in each pay grade are attached. NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the year 2012 the following pay plan, which is to be effective January 1 2012 and July 1 2012, and subject to all applicable provisions of the City Code. MANAGEMENT COMPENSATION PAY PLAN MANAGEMENT COMPENSATION PLAN PAY GRADE MINIMUM MID-RANGE MAXIMUM M-L YR 54,620.80 62,358.40 70,054.40 MO 4,551.73 5,196.53 5,837.87 BW 2,100.80 2,398.40 2,694A0 HR 26.26 29.98 33.68 M-1 YR 60,611.20 69,326.40 77,958.40 MO 5,050.93 5,777.20 6,496.53 BW 2,331.20 2,666.40 2,998.40 HR 29.14 33.33 37.48 M-2 YR 71,094.40 81,224.00 91,416.00 MO 5,924.53 6,768.67 7,618.00 BW 2,734.40 3,124.00 3,516.00 HR 34.18 39.05 43.95 M-3 YR 77,500.80 88,545.60 99,590.40 MO 6,458.40 7,378.80 8,299.20 BW 2,980.80 3,405.60 3,830.40 HR 37.26 42.57 47.88 M-4 YR 84,489.60 96,512.00 108,576.00 MO 7,040.80 8,042.67 9,048.00 BW 3,249.60 3,712.00 4,176.00 HR 40.62 46.40 52.20 M-5 YR 95,430.40 109,054.40 122,699.20 MO 7,952.53 9,087.87 10,224.93 BW 3,670.40 4,194.40 4,719.20 HR 45.88 52.43 58.99 I ®r(, MANAGEMENT COMPENSATION PLAN PAY GRADE MINIMUM MID-RANGE MAXIMUM M-L YR 55,161.60 62,982.40 70,761.60 MO 4,596.80 5,248.53 5,896.80 BW 2,121.60 2,422.40 2,721.60 HR 26.52 30.28 34.02 M-1 YR 61,214.40 70,012.80 78,728.00 MO 5,101.20 5,834.40 6,560.67 BW 2,354.40 2,692.80 3,028.00 HR 29.43 33.66 37.85 M-2 YR 71,801.60 82,035.20 92,331.20 MO 5,983.47 6,836.27 7,694.27 BW 2,761.60 3,155.20 3,551.20 HR 34.52 39.44 44.39 M-3 YR 78,270.40 89,440.00 100,588.80 MO 6,522.53 7,453.33 8,382.40 BW 3,010.40 3,440.00 3,868.80 HR 37.63 43.00 48.36 M-4 YR 85,342.40 97,468.80 109,657.60 MO 7,111.87 8,122.40 9,138.13 BW 3,282.40 3,748.80 4,217.60 HR 41.03 46.86 52.72 M-5 YR 96,387.20 110,136.00 123,926.40 MO 8,032.27 9,178.00 10,327.20 BW 3,707.20 4,236.00 4,766.40 HR 46.34 52.95 59.58 I o - -7 C o E ?' ` • a) L- a) ....Ls! Ca ° § C m p (13 E a � U 8 ;a L a. tt — O a) D c U S co Ca o nil c U a) (B C �- 1 L Q Q co O O 8, E. c6 > �6 = W NO O 2 c ca C a) 770 > $2 O O 2 o U) v > > O ,_ LOz N N C -O C W CO U (/) -C, tl) i , c6 C (a C c6 E a) Z ° u) c c a) . L Q c- (04 O c C. O CV '4-4 W 1-- = O E (6 - r C - E a) Lt To co ) > «) O fl. p V N a CO� O U C Q a a) E > O (6 L. 0 a) 0 > > O d • > C a) V' U .O N- a) c 2 Co Zp o � Co� C0 > v_) E Z c 10 .• •E L co Tu co U U H O 0 C 0 O S a) a) O •- fq c �' O C C6 a o °) a) �' oa) ,— L' Z as E c c p Z E � � c� o. c, tE - F 0 c — .r_.- L Q O C ''� a) . a) i- C - 'D 0 O C .> E -O L Z O- U a) O U U OC •U O) L a) C a. N E. C C ca (>6 a.) O g t6 a) O N (a 0. O c6 o U U V O N O ft) o C C fn 0 A a .0 0 o � � � N a) a) "= co W � M � = > U Z Q �-. C 3 O O O - Q 0 03 o>, . ct O Z LO CO 0 O E E a) �_ M � � ZZ a) c c = W 4- >•c O c i Q. rn -� � � � � W 0 a) U m E - 2 c ((a QC� Z' a) ate) ` o C 2Z ° E _a - 0La) � QF= 0 > a, -o Q Q � +>--, OQ �N o o a) 0 �.g- a) O a- OM W U fY O •E O 'n .� O a) vu) F- c C ,_ ....... co O O ..Q C6 a) C I- 1- -a4E � O < oZD Q z 10 -8 MANAGEMENT POSITION CLASSIFICATION STRUCTURE RANGE POSITION TITLES CLASS M-L Liquor Store Manager Exempt M-1 City Clerk Exempt Facility/Program Manager Exempt Supervisor Exempt Health Administrator Exempt M-2 Assistant Utility Superintendent Exempt Chief Building Official Exempt Community Development Manager Exempt Information Technologies Manager Exempt Operations Manager Exempt (Streets/Forestry, Parks/Fleet, Gov't Buildings) Transportation Engineer Exempt M-3 Asst. Fire Chief Exempt Assistant City Manager/H.R. Manager Exempt City Engineer Exempt Housing & Redevelopment Manager/ Exempt Assistant Community Development Director Utilities Superintendent Exempt M-4 Deputy Public Safety Director Exempt Finance Manager Exempt Liquor Operations Director Exempt M-5 Department Director Exempt (Rev. 12-11) RESOLUTION NO. RESOLUTION RELATING TO THE 2012 SPECIALIZED PAY PLAN WHEREAS, Section 310.17 of the Ordinance Code of the City of Richfield provides that the pay grades, the number of steps or range of each pay grade, the compensation rates in each pay grade and the method of normal progression through the pay grade be established by Council resolution; and WHEREAS, the City administration has prepared a 2012 pay plan for the positions for which there are no essentially similar position classification in other regular pay plans. The City Manager is authorized to add or reclassify positions as necessary. Examples of positions in each pay grade are attached. NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the year 2012 the following pay plan which is to be effective January 1, 2012 and subject to the provisions of the personnel rules and regulations ordinance: EFFECTIVE THE FIRST FULL PAY PERIOD OF JANUARY 2012-SPECIALIZED PAY-PLAN INTERMITTENT-AND Pay Grade Step 1 Step 2 Step 3 Step 4 SP1-E/NE HR 7.28 7.68 7.99 8.40 SP2-E/NE HR 8.06 8.43 8.84 9.29 SP3-E/NE HR 8.68 9.10 9.57 10.06 S P4-E/N E HR 9.38 9.87 10.35 10.86 SP5-E/NE HR 10.11 10.66 11.15 11.72 S P6-E/N E HR 10.96 11.50 12.06 12.67 S P7-E/N E HR 11.81 12.40 13.02 13.65 S P8-E/N E HR 12.75 13.40 14.06 14.76 S P9-E/N E HR 13.78 14.49 15.18 15.94 SP10-E/NE HR 14.92 15.63 16.44 17.28 SP11-E/NE HR 16.03 16.89 17.73 18.59 SP12-E/NE HR 17.38 18.20 19.11 20.11 SP13-E/NE HR 18.61 19.61 20.62 21.68 EFFECTIVE THE FIRST FULL PAY PERIOD OF JULY 2012 SPECIALIZED PAY PLAN INTERMITTENT AND Pay Grade Step 1 Step 2 Step 3 Step 4 S P 1-E/N E HR 7.35 7.76 8.07 8.48 SP2-E/NE HR 8.14 8.51 8.93 9.38 SP3-E/NE HR 8.77 9.19 9.67 10.16 SP4-E/NE HR 9.47 9.97 10.45 10.97 SP5-E/NE HR 10.21 10.77 11.26 11.84 S P6-E/N E HR 11.07 11.62 12.18 12.80 SP7-E/NE HR 11.93 12.52 13.15 13.79 SP8-E/NE HR 12.88 13.53 14.20 14.91 S P9-E/N E HR 13.92 14.63 15.33 16.10 SP10-E/NE HR 15.07 15.79 16.60 17.45 SP11-E/NE HR 16.19 17.06 17.91 18.78 SP12-E/NE HR 17.55 18.38 19.30 20.31 SP13-E/NE HR 18.80 19.81 20.83 21.90 Normal Progression Through the Specialized Pay Plan Individual employees will be eligible to received increases to the next higher-grade step based on individual performance and the following progression: Step 1 - Start Step 2 - Minimum 500 hours worked per year from anniversary start date or two years from anniversary date Step 3- Minimum 500 hours worked per year from anniversary date or two years from last increase. Step 4- Minimum 500 hours worked per year from anniversary date or two years from last increase Passed by the City Council of the City of Richfield, Minnesota this 10th day of January 2012. Debbie Goettel Mayor ATTEST: Nancy Gibbs City Clerk 1 E Cross Walk Attendant NE Teen Coordinator E Student Intern E Maintenance Technician E Playground Coordinator 2 E Tennis Coordinator 3 NE Bike Patrol Officer 9 NE Community Development Tech. E Facility Rental Attendant NE Administrative Services Clerk NE Recreation Attendant E Pool Supervisor E Cashier/Concession 10 NE Engineering Aide 4 NE Dance Coordinator& Skate 11 NE Community Relations Coordinator Coordinator NE Winter Sports Attendant 12 E Pool Coordinator 5 NE Custodian 13 NE 911 Dispatcher NE Professional Intern NE Survey Crew Person Instructors NE Adaptive Leader/Specialist NE Building Inspector NE Lead Concession NE Figure Skating NE Teen Leader NE Hockey (Arena) E Lifeguard NE Housing & Redevelopment Tech. E Outdoor Skating/Warming House Supv NE Sports Official E Playground Leader NE Substitute Naturalist NE Dance 6 NE Receptionist E Cross Country Ski NE Liquor Sales Associate E Hockey (outside) NE Building Attendant E Tennis E WSI 7 NE Accounting Clerk NE Construction Specialist OTHER NE Housing Intern Instructor's Range: $5.75 - $50 NE Ice Resurfacer/Supervisor Election Judge $9.00 NE Maintenance Laborer Election Co-Chair $9.50 NE Naturalist I Election Chairperson $10.00 NE Video Production Assistant NE Zamboni Operator NE=Non-Exempt, may work up to 40 hours per week without overtime pay. E-Exempt may work up to 48 hours per 8 NE Adaptive Coordinator week without overtime pay. NE Clerk Typist - Int. & Substitute All Pool positions are exempt from overtime,even Yp Concessions. NE Construction Inspector All Playground and outdoor Rink positions are exempt. NE Farmers Market Coordinator All Community Center,Wood Lake Nature Center, Ice Arena and Maintenance positions are non-exempt. NE Publication Supervisor (Revised 1-12)