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11-14-06 RegularCITY OF RICHFIELD, MINNESOTA TUESDAY, NOVEMBER 14, 2006 SPECIAL CITY COUNCIL WORKSESSION RICHFIELD CITY HALL COUNCIL CHAMBERS 6700 PORTLAND AVENUE 5:00 P.M. Call to order Roll call 5:00 - 5:20 p.m. 1. Discussion related to Metropolitan Airports Commission sewer rate request (Council Memo No. 177) 5:20 - 6:20 p. m. 2. Discussion related to changes. in eminentdomain laws during 2006 Legislative Session (Council Memo No. 178) Adjournment REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS. 6700 PORTLAND AVENUE 6:30 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 Regular City Council Meeting of October 24, 2006 PRESENTATION 1. Annual meeting with Arts Commission COUNCIL DISCUSSION 2. Council discussion • 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. Consideration of approval of resolution determining results of City's General Election of November 7, 2006 S.R. No. 226 B. Consideration of approval of first reading of ordinance amendment relating to City Council salaries and scheduling second reading for November 28 2006 S.R. No. 227. C. Consideration of approval of legislative proposal from community representatives of Noise Oversight Committee to improve community representation on Metropolitan Airports Commission S.R. No. 228 D. Consideration of approval of designating Council Member Sue Sandahl as City of Richfield official voting delegate for National League of Cities annual Congress of Cities business meeting on December 9, 2006 S.R. No. 229 E. Consideration of approval of amended joint and cooperative agreement of Southwest Suburban Cable Commission S.R. No. 230 F. Consideration of approval of extending current two-year contract with Malecha Trucking for lime by-product disposal at Richfield Water Plant for 2007 in amount of $49,005 S.R. No. 231 G. Consideration of approval of request from State of Minnesota for currency exchange license renewal for Community Money Centers, Inc. d/b/a Money ..Centers, 6525 Nicollet Avenue S.R. No. 232 H. Consideration of approval of request from State of Minnesota for currency exchange license renewal for New Unbank Company, LLP, .6421 Penn Avenue S.R No: 233 L Consideration of approval of scheduling public hearing on December 12, 2006 for renewal of pawnbroker and secondhand goods dealer licenses for 2007 for Metro Pawn and Gun, Inc. and University Cash Company, LLC, d/b/a Avi's Pawn and Jewelry S.R. No. 234 J. Consideration of approval of scheduling public hearing on December 12, 2006 for renewal of on-sale wine and on-sale 3.2 percent malt liquor licenses for 2007 for Red Pepper Chinese Restaurant, Thompson's Fireside Pizza, Aribel's ..Restaurant; Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill; and The Noodle Shop- .. .Colorado Inc. d/b/a Noodles and Company S.R. No. 235 K. Consideration of approval of scheduling public hearing for December 12, 2006 for renewal of on-sale- intoxicating and Sunday liquor licenses for 2007 for Khan's .Mongolian Barbeque; Minneapolis-Richfield American Legion Post 435; Fred Babcock VFW Post No. 5555 d/b/a Four Nickels Food and Drink; Don Pablo's Operating Corporation d/b/a Don Pablo's; Champps Operating Corporation dba Champps Sports Cafe; Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar; The Frenchmans; Taco Morelos; and Jun Bo Chinese Restaurant S.R. No. 236 L: Consideration of approval of amending consultant agreement with WSB and Associates, Inc. for design of new Lyndale Avenue bridge at I-494 S.R. No. 237 M. Consideration of approval of first reading of ordinance amending Transitory Ordinance No. 18.37 and scheduling second reading for November 28, 2006; Cedar Point Commons S.R. No. 245 Notes: 5. Consideration of items, if any, removed. from. Consent Calendar Notes: OTHER BUSINESS 6. Consideration of request for new taxi license for Latino Express, LLC, 1304 East Lake Street, Minneapolis, MN and picking up fares in Richfield Staff Report No. 238 Notes: PUBLIC HEARING 7. Public hearing regarding resolution for special City Council approval of ground monument sign located forward of principal building setback at 7444 Lyndale Avenue (Richfield Transmission) Staff Report No. 239 Notes: PROPOSED ORDINANCES 8. Consideration of second reading of ordinance amendment to City Administrative Code Chapter III, Subsection 310.33,. Subdivision 9 describing terminal vacation Staff Report No: 240 Notes: 9. Consideration of second reading of ordinance relating to discharges and connections to stormwater system and resolution authorizing summary publication of ordinance Staff Report No. 241 Notes: OTHER BUSLNESS 10. Consideration of removal of mid-block crosswalk located on west half of Lake Shore Drive Staff Report No. 242 Notes: 11. Consideration of feasibility report on improvements at 66th Street and Richfield Parkway and resolution scheduling public hearing on December 12, 2006 on proposed improvements ' Staff Report No. 243 Notes: 12. Consideration of stormwater agreement with Ryan Companies US, Inc. to address stormwater treatment of Cedar Point development site Staff Report No. 244 Notes: CITY MANAGER'S REPORT 13. City Manager's report Notes: 14. 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: 15. 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. AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING NOVEMBER 14, 2006 REPORT PREPARED BY: NANCY GIBBS, CITY CLERK NAME, .REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution determining results of City General Election on Tuesday, November 7, 2006 General Election: I. RECOMMENDED ACTION: By Motion: Adopt the resolution determining the results of the City General Election on Tuesda ,November 7, 2006. IL BACKGROUND The City General Election was conducted on Tuesday, November 7,.2006 in conjunction with the State General Election. The City General .Election included contests for the offices of Mayor and Council Member At Large. The Richfield City Charter states that the Council shall meet and canvass the election returns at the next regular or Special Council meeting immediately following any regular, primary or special election, but in no event later than the time prescribed by State law, and must make full declaration of the results as soon as possible, and file a statement thereof with the City Clerk. Minnesota Statutes Chapter 205 also governs the conduct of municipal election. Section 205.02 Subd. 2 states that all City elections are governed by Chapter 205 as far as practicable. Section 205.185 Subd. 3 sets the date for canvassing any city general election as "within seven days after an election." Moveover, the provisions of Chapter 205 preempt the City Charter; therefore the canvassing of election results is scheduled for the .November 14, 2006 regular City Council Meeting. 1114ELECTlONS III. BASIS OF RECOMMENDATION A. POLICY • The. City Charter provides. that the City Council declare the resu)ts of the election. • The Regular City Council Meeting of November 14 provides a timely .opportunity to canvass the election results in accordance with State Statutes Chapter 205. B. CRITICAL ISSUES • The City Council must -take action by November 14, 2006. C. _ FnvANCIaL, • N/A D. LEGAL . • City Charter Section 4.07 provides that the City Council declare the results of the Election. State Statute Chapter 205 sets the date for canvassing the-election and controls over the charter provision. IV. ALTERNATIVE RECOMMENDATION~S~ • N/A V. ATTACHMENTS • Resolution determining the results of the November 7, .2006 General Election. VI. PRINCIl'AL PARTIES EXPECTED AT MEETING • N/A 1 ~/ RESOLUTION NO. RESOLUTION DETERMINING RESULTS OF THE GENERAL ELECTION OF THE CITY OF RICHFIELD HELD ON TUESDAY, NOVEMBER 7, 2006 BE IT RESOLVED by the City Council of the City of Richfield that the Council, having received and considered the tally of votes by the election judges of the General Election held November 7, 2006, the results are determined to be as follows: Votes cast for Mayor: Four Year Term Votes cast for Council Member At Large Four Year Term Debbie Goettel 6,808 Marty Kirsch 5,901 Write Ins 38 Sue Sandahl 7,116 Jay Hermann 5,015 Write Ins 47 Total number of voters in this election: 13,891 Attached Attachment A is complete tabulation of results. BE IT FURTHER RESOLVED that the, following list of judges were those certifying returns of said election: James Alagna Mary Ann Ashmead Carol Athey Pat Bailey Charles Bauer Jr. Erva .Brown Robert Boehlke Thomas Couch Jan Carroll Gladys Denesen Marie Dallager Margaret Erickson Betty Elenbaas Sheila Fitzgerald Mary Jo Fadell Roger Guarino Patricia Grahn Elayne Gilhousen Earlene Goalen Robert Hall Jackie Heinen Diane Hea{ey Ilene Holen Nancy Hoon June Houlding Mary Lou Janco Sita Johnson Clare Jewell Olga Kelash Erica Klein Kalla Kalloway William Andersen Delores Armstrong Gail Brinkman Kathleen Barta Marlys Bergstrom Jim Butler Mary Boespflug Ellen Cutter Geraldine Cooper Joanne Dentinger David Dahl Dee Ann Edlund Susanne Erickson Donna Fischer Jette Floberg Denise Gajeski-Famodu Kathy Gesler Dennis Gillespie Jan Gregerson Dorothy Haffely Oliver Hoffman Mae Hermansen JoAnn Hol# Marion Horning Bob Houlton Norman Johnson John Jobe Betty Kamps Bev Kenealey Vernon Knudsen Joseph Kovach Lisa Anderson Cheryl Avenson Jane Butterfield Ella Bert Marilyn Birkelo Thomas Birkelo Ellen Brandon Stanley Cromer Marguerite Dozois Delrose Desrosier Emily Day Denise Eckerman Liz Ekholm Gregory Frost Beatrice Frankus James Grant Nancy Garwick Joann Gleason Rebecca Guarino Earl Hagen Char Hanson Gertrude Herll JeNee Honningford Donald Houlding Evelyn Johnstone Ray Johnson Kathryn Jeffries Thomas Keegan June King Rosemary Koelln Lois Kovach Elaine Kaibel Brian Kroulik Danette Kamrath Bernadette Lais Susan Lewis Doris Liedtke Nancy Lindberg Jeanette Lofstrom Lester Loney Dorothy B. Lowe Don Ludwig Cherill Lindquist Philip Mortenson Cynthia Mandl David Martin Norma Martin Paul Matuschek Karin McComb Tom Murphy Eleanor Maanum Patricia Medley Andrew May Lee Monssen Richard Morey Eileen Muelken Carol Mortenson Jan Nyholm Jeffrey Nelson Helen Nachicas James Niemackl Geraldine Nachicas Linda Nemitz David Nyholm Brad Obert Marlene Odegard Martha Obenchain Julia O'Sullivan Joan Olinger Robert Olson Lois Omlie Fern Oreck Martha Prottengeier Ruth Pafko Dorothy Peabody Jeannine Pafko Betty Peltola Betty Pemble Betty Pedric Monica Petrov Lillian Phillips Richard Phillips Rosanne Pingree Joe Pedric Jeff Rundgren Julie Remarcik Carolyn Ring Harriet Ring Ward Ring Paul Roe Donna Roe Jean Swenson Jason Stroth Phil Schaffer Sandy Schmidt Margaret Schow Catherine Sullivan Bradley Smith Margaret Smith William Snyder Becky Spitzack Roger Swenson Pat Toney John Twisk Judy Twisk Doris Thorson Ed Thom Myrtle Thom Donald Timmons Claire Todd, Gertrude Ulrich Phyllis Unger Helen Volz Beatrice Van Liew Kenneth Vevea Twila Wysocki Fred Walk. Pearl Weitbrecht Elaine Wetsch Lorraine Widme DePaul Willette Shirley Wold Marian Woolery Dorothy Wulf Bob Wells Genevieve Wodnick Betty Young Reed Harms Cindy Prince Hazel Burnside Elizabeth Charloff Betty Gustafson Kathleen Kurtz Alice Monsen Don Mueller Thomas Niemackl Charlie O'Brien Paul Perkal Brittany Piatz Francis Ploog Elaine Ruble Jeet Sausen Bill Swanson Roger Swanson Reed Harms Alia Johnson Johnathon McClellan Donna Knesting PASSED by the City Council of the City of Richfield, Minnesota this 14th day of November, 2006. Martin J. Kirsch, Mayor ATTEST: ~~/~ Nancy Gibbs, City Clerk ~~ ~~ City of Richfield Page l of 7 November 7, 2006 -Unofficial Ge neral EI ction Results for Richfi Id Precincts Il/8/20062:32:35PM P i t rec nc Total % 1 2 3 4 5 6 7 8 9 FEDERAL, STATE 8~ CITY OFFICES FEDERAL OFFICES U.S. Senator Michael James Cavlan (G) 58 0.4% 3 8 9 6 5 7 6 7 7 Robert Fitzgerald (I) 468 3.4% 32 70 74 49 41 78 28 54 42 Mark Kennedy (R) 4,150 29.9% 330 685 589 -395 369 753 244 413 372 AmyKlobuchar(DFL) 9,138 65.8% 689 1,557 1,277 852 762 1,547 566 1,019 869 Ben Powers (C) 17 0.1 % 3 3 4 1 0 3 1 1 1 Write-1 n 7 0.1 % 0 2 0 2 0 0 1 2 0 Over Votes 3 0.0% 1 2 0 0 0 0 0 0 0 Under Votes 50 0.4% 5 10 8 3 2 8 5 4 5 U.S. R presentative -District 5 Keith Ellison (DFL) 6,131 44.1% 467 1,056 838 565 526 1,018 382 697 582 Alan Fine (R) 4,227 30.4% 306 711 620 406 390 750 237 422 385 Tammy Lee (I) 2,980 21.5% 240 468 426 293 227 531 192 326 277 Jay Pond (G) 174 1.3% 15 26 25 14 14 34 8 18 20 Write-In 11 0.1% 1 0 1 2 0 1 0 5 1 Over Votes 5 0.0% 1 1 3 0 0 0 0 0 0 Under Votes 363 2.6% 33 75 48 28 22 62 32 32 31 ~TATE OFFICES Stat Senator -District 63 Ed Field (R) 4,263 30.7% 316 718 637 422 382 752 238 435 363 Dan Larson (DFL) 9,009 64.9% 698 1,478 1,216 840 752 1,535 578 1,019 893 Write-In 22 0.2% 0 7 2 1 1 1 4 2 4 Over Votes 1 0.0% 0 1 0 0 0 0 0 0 0 Under Votes 583 4.2°/° 46 132 106 45 41 105 29 43 36 State R pr sentative -District 63A David A Alvarado (R) 2,567 28.0% 0 625 559 368 355 660 0 0 0 Paul Thissen (DFL) 6,153 67.1% 0 1,578 1,297 884 770 1,624 0 0 0 Write-In 15 0.2% 0 3 3 2 3 4 0 0 0 Over Votes 0 0.0% 0 0 0 0 0 0 0 0 0 Under Votes 439 4.8% 0 130 102 54 48 105 0 0 0 State R pr s ntatide -District 63B Gary Satnan (I) 159 3.4% 35 0 0 0 0 0 25 55 44 Linda Slocum (DFL) 2,936 62.4% 644 0 0 0 0 0 529 946 817 Vern Wilcox (R) 1,466 31.2% 347 0 0 0 0 0 262 453 404 Write-In 7 0.1 % 1 0 0 0 0 0 1 2 3 Over Votes 0 0.0% 0 0 0 0 0 0 0 0 0 Under Votes 136 2.9% 33 0 0 0 0 0 32 43 28 ~~ ~ "I City Of Richfield Page 2 of 7 Nov mb r 7, 2006 -Unofficial Ge neral Election Results for Richfield Precincts Ilisiaoo6a:3z:36PM P i t rec nc Total % 1 2 3 4 5 6 7 8 9 FEDERAL, STATE & CITY OFFICES Gov rnor 8~ Lieutenant Governor Brown & Nelson (QRT) 55 0.4% 7 4 11 6 4 11 1 7 4 Davis & Soderberg (AP) 38 0.3% 2 6 2 3 2 6 2 6 9 Hatch & Dutcher (DFL) 7,361 53.0% 549 1,289 1,019 686 596 1,196 482 840 704 Hutchinson & Reed (I) 980 7.1% 77 157 132 103 102 181 56 83 89 Paw{enty & Molnau (R) 5,306 38.2% 415 853 782 493 464 975 299 552 473 Pentel & Provencher (G) 62 0.4% 6 9 7 8 2 7 3 6 14 Write-In 8 0.1% 0 2 0 2 0 1 2 1 0 Over Votes 18 0.1 % 3 6 3 1 1 2 0 2 0 Under Votes 50 0.4% 1 10 5 6 5 14 4 2 3 S cretary of State Bruce Kennedy (FIV) 421 3.0% 36 68 59 41 38 68 24 38 49 Mary Kiffmeyer (R) 4,786 34.5% 368 809 697 450 442 845 272 486 417 Mark Ritchie (DFL) 7,811 56.3% 596 1,316 1,077 726 626 1,328 . 501 887 754 Joel Spoonheim (I) 414 3.0% 23 65 65 45 32 79 21 47 37 Write-In 12 0.1% 1 3 1 3 1 2 0 1 0 Over Votes 6 0.0% 1 2 0 1 1 0 1 0 0 Under Votes 428 3.1% 35 73 62 42 36 71 30 40 39 tate Auditor Patricia Anderson (R) 4,410 31.8% 333 735 643 410 398 808 259 439 385 Dave Berger (G) 274 2.0% 17 41 44 23 24 54 10 28 33 Lucy Gerold (p 663 4.8% 61 104 90 67 56 113. 30 85 57 Rebecca Otto (DFL) 7,892 56.9% 593 1,349 1,090 747 642 1,309 505 885 772 Write-In 11 0.1% 1 2 0 2 0 1 2 2 1 Over Votes 1 0.0% 0 1 0 0 0 0 0 0 0 Under Votes 627 4.5% 55 104 94 59 56 108 43 60 48 Attorn y G neral John James. (I) 475 3.4% 37 73 72 57 33 90 26 42 45 Jeff Johnson (R) 4,438 32.0% 323 747 647 421 413 804 244 445 394 Papa John Kolstad (G) 228 1.6% 15 28 34 20 19 44 18 29 21 Lori Swanson {DFL) 8,236 59.3% 638 ~ 1,406. 1,121 757 674 1,366 524 936 814 Write-In 12 0.1% 0 3 2 4 0 1 1 1 0 Over Votes 2 0.0% 0 2 0 0 0 0 0 0 0 Under Votes 487 3.5% 47 77 85 49 37 88 36 46 22 CONSTITUTIONAL AMENDMENT Dedication of Motor Vehicle Sales Tax Yes 8,996 64.8% 646 1,577 1,292 842 761 1,541 527 977 833 No 4,147 29.9% 346 617 581 397 370 725 272 447 392 Over Votes 3 0.0% 1 0 0 0 0 1 1 0 0 Under Votes 732 5.3% 67 142 88 69 45 126 49 75 71 ~~ ~~ City of Richfield Page 3 of 7 November 7, 2006 -Unofficial General Election Results for Richfield Precincts 11/8/20062:32:36PM P i t rec nc Total % 1 2 3 4 5 6 7 8 9 FEDERAL, STATE 8~ CITY OFFICES COUNTY OFFICES County Sheriff Juan Lopez 3,736 26.9% 303 -566 508 375 358 621 241 413 351 Rich Stanek 7,982 57.5% 583 1,411 1,135 719 627 1,379 471 880 777 Write-In 75 0.5% 9 11 11 7 4 7 3 13 10 Over Votes 0 0.0% 0 0 0 0 0 0 0 0 0 Under Votes 2,085 15.0% 165 348 307 207 187 386 134 193 158 County Attorney Mike Freeman 7,712 55.6% 598 1,329 1,073 674 641 1,315- 483 820 779 Andy Luger 4,086 29.4% 301 668 588 393 349 708 245 472 362 Write-In 45 0.3% 5 3 11 8 0 5 2 8 3 Over Votes 1 0.0% 0 0 1 0 0 0 0 0 0 Under Votes 2,034 14.7% 156 336 288 233 186 365 119 199 152 SPECIAL DISTRICT OFFICES Soil 8~ Wat r Conservation District Supervisor -District 2 Dan Flo 2,848 20.5% 204 489 358 245 284 445 175 387 261 Ernest K Lehmann 2,731 19.7% 158 495 328 214 205 519 186 308 318 Phil Wilkie 2,973 21.4% 291 413 511 352 201 466 168 294 277 Write-In 105 0.8% 10 12 20 9 5 17 10 13 9 Over Votes 25 0.2% 0 5 3 1 2 8 1 2 3 Under Votes 5,196. 37.4% 397 922 741 487 479 938 309 495 428 Soil & Water Conservation District Supervisor -District 4 John Crampton 2,152 15.5% 142 357 247 182 153 440 161 224 246 Stephen Jenkins 3,189 23.0% 213 606 395 286 314 485 166 421 303 Ryan C Wilson 2,988 21.5% 278 405 513 330 198 474 182 327 281 Write-In 106 0.8% 9 13 21 10 6 17 11 10 9 Over Votes 5 0.0% 0 1 1 0 0 0 0 1 2 Under Votes 5,438 39.2% 418 954 784 500 505 977 329 516 455 CITY OFFICES City of Richfield Mayor Debbie Goettel 6,808 49.1% 550 1,108 935 668 527 1,162 412 775 671 Marty Kirsch 5,901 42.5% 434 1,018 858 508 552 1,035 361 606 529 Write-In 38 0.3% 4 2 4 6 2 5 4 9 2 Over Votes 2 0.0% 1 1 0 0 0 0 0 0 0 Under Votes 1,129 8.1 % 71 207 164 126 95 191 72 109 94 City of Richfield Council Member At Large Jay Hermann 5,015 36.1% 441 708 697 532 430 879 309 569 450 Sue Sandahl 7,116 51.3% 498 1,302 1,014 598 596 1,220 431 758 699 Write-In 47 0.3% 3 7 8 5 2 7 5 8 2 Over Votes 0 0.0% 0 0 0 0 0 0 0 0 0 Under Votes 1,700 12.2% 118 319 242 173 148 287 104 164 145 1 ." / City of Richfield Page 4 of 7 Nov tuber 7, 2006 -U nofficial Gen ral EI ctio n Re ults for Richfi Id Precinct 11/8/20062:32:37PM P i t nc rec Total % 1 2 3 4 5 6 7 8 9 JUDICIAL OFFICES SUPREME COURT Associate Justice 1 Barry Anderson 7,992 57.6% 608 1,392 1,153 598 650 1,373 478 938 802 Write-In 137 1.0% 11 15 22 12 9 20 12 23 13 Over Votes 0 0.0% 0 0 0 0 0 0 0 0 0 Under Votes 5,749 41.4% 441 929 786 698 517 1,000 359 538 481 COURT OF APPEALS Judg 11 Christopher) Dietzen 4,870 35.1% 367 830 734 368 402 849 286 558 476 Dan Griffith 4,289 30.9% 334 723 570 356 358 753 255 505 435 Write-In 44 0.3% 5 6 7 6 2 4 2 9 3 Over Votes 1 0.0% 0 0 0 1 0 0 0 0 0 Under Votes 4,674 33.7% 354 777 650 577 414 787 306 427 382 Judge 6 Renee L Worke 7,581 54.6% 574 1,307 1,105 558 615 1,311 461 901 749 Write-In 92 0.7% 9 15 14 10 5 12 5 16 6 Over Votes 1 0.0% 0 0 0 0 0 0 0 0 1 Under Votes 6,204 44.7% 477 1,014 842 740 556 1,070 383 582 540 Judge 7 Jill Flaskamp Halbrooks 7,488 54.0% 576 1,294 1,093 555 608 1,285 454 891 732 Write-In 93 0.7% 9 14 13 8 4 15 6 15 9 Over Votes 1 0.0% -0 1 0 0 0 0 0 0 0 Under Votes 6,296 45.4% 475 1,027 855 745 564 _1,093 389 593 555 Judge 12 Gordon W Schumaker 7,477 53.9% 576 1,291 1,084 555 609 1,286 447 887 742 Write-In 87 0.6% 8 13 13 13 4 10 7 14 5 Over Votes 0 0.0% 0 0 0 0 0 0 0 0 0 Under Votes 6,314 45.5% 476 1,032 864 740 563 1,097 395 598 549 4TH DISTRICT COURT Judge 44 Patricia Kerr Karasov 5,072 36.5% 396 855 780 367 410 854 301 598 511 Dee Rowe 3,899 28.1% 283 684 507 339 328 714 233 438 373 Write-In 38 0.3% 5 6 4 5 4 2 3 7 2 Over Votes 2 0.0% 1 1 0 0 0 0 0 0 0 Under Votes 4,867 35.1% 375 790 670 597 434 823 312 456 410 Judge 48 Kevin Kolosky 3,873 27:9% 298 638 533 349 311 673 222 438 411 John Q McShane 4,928 35.5% 377 864 724 345 419 860 305 579 455 Write-In 36 0.3% 4 5 4 5 2 2 3 8 3 Over Votes 0 0.0% 0 0 0 0 0 0 0 0 0 Under Votes 5,041 36.3% 381 829 700 609 444 858 319 474 427 ~~ ~~ .~ City of Richfield P"ge s °f ~ November 7, 2006 -U nofficial General Electio n Results for Richfield Precincts 11/8/20462:32:38PM P i t rec nc Total % 1 2 3 4 5 6 7 8 9 JUDICIAL OFFICES Judge 6 Patricia L Belois 7,437 53.6% 568 1,295 1,085 539 603 1,282 453 875 737 Write-In 86 0.6% 10 12 11 13 3 9 8 13 7 Over Votes 0 0.0% 0 0 0 0 0 0 0 0 0 Under Votes 6,355 45.8% 482 .1,029 865 756 570 1,102 388 611 552 Judge 16 David M Duffy 7,393 53.3% 567 1,271 1,076 541 601 1,271 454 874 738 Write-In 86 0.6% 8 11 15 9 4 11 7 14 7 Over Votes 0 0.0% 0 0 0 0 0 0 0 0 0 Under Votes 6,399 46.1°!0 485 1,054 870 758 571 1,111 388 611 551 Judge 17 Denise D Reilly 7,393 53.3% 566 1,281 1,076 543 599 1,272 453 870 733 Write-In 86 0.6% 9 11 13 10 6 11 5 15 6 Over Votes - 0 0.0% 0 0 0 0 0 0 0 0 0 Under Votes 6,399 46.1% 485 1,044 .872 755 571 1,110 391 614 557 Judge 22 Deborah Hedlund 7,417 53.4% 570 1,280 1,082 541 603 1,275 452 877 737 Write-In 80 0.6% 9 11 12 10 5 9 5 14 5 Over Votes 2 0.0% 0 0 0 1 0 0 1 0 0 Under Votes 6,379 46.0% 481 1,045 867 756 568 1,109 391 608 554 Judge 35 Daniel H Mabley 7,358 53.0% 567 1,269 1,074 541 596 1,263 451 866 731 Write-In 80 0.6% 8 9 14 11 3 10 5 14 6 Over Votes 0 0.0% 0 0 0 0 0 0 0 0 0 Under Votes 6,440 46.4% 485 1,058 873 756 577 1,120 393 619 559 Judge 39 Allen Oleisky 7,528 54.2% 572 1,297 1,101 553 617 1,309 458 878 743 Write-In 92 0.7% 9 9 14 10 4 14 7 16 9 Over Votes 4 0.0% 0 0 2 0 0 0 1 1 0 Under Votes 6,254 45.1% 479 1,030 844 745 555 1,070 383 604 544 Judg 40 Tanja Kozicky Manrique 7,240 52.2% 561 1,241 1,069 527 587 1,246 447 854 708 Write-In 87 0.6% 7 10 13 12 5 12 6 14 8 Over Votes 2 0.0% 0 0 0 0 0 0 0 2 0 Under Votes 6,549 47.2% 492 1,085 879 769 584 1,135 396 629 580 Judge 45 Marilyn B Rosenbaum 7,395 53.3% 568 1,271 1,083 543 594 1,271 450 879 736 Write-In 78 0.6% 6 10 12 7 5 9 7 16 6 Over Votes 2 0.0% 2 0 0 0 0 0 0 0 0 Under Votes ~ 6,403 46.1% 484 1,055. 866 758 577 1,113 392 604 554 ~~ 'g City of Richfield Page 6 of 7 November 7, 2006 -U nofficial Ge neral Electio n Results for Richfield Precincts 11/8/20062:32:38PM i P t rec nc Total % 1 2 3 4 5 6 7 8 9 JUDICIAL OFFICES Judge 50 Bruce A Peterson 7,376 53.1% 564 1,258 1,081 542 603 1,273 452 875 728 Write-In 83 0.6% 7 11 14 11 2 9 7 15 7 Over Votes 1 0.0% 1 0 0 0 0 0 0 0 0 Under Votes 6,418 46.2% 488 1,067 866 755 571 1,111 390 609 561 Judge 52 Francis Connolly 7,312 52.7% 564 1,249 1,075 536 597 1,261 449 860 721 Write-In 83 0.6% 9 12 12 8 2 10 5 15 10 Over Votes 3 0.0% 0 0 2 0 1 0 0 0 0 Under Votes 6,480 46.7% 487 1,075 872 764 576 1,122 395 624 565 Judge 53 Cara Lee Neville 7,354 53.0% 566 1,264 1,076 538 598 1,266 448 871 727 Write-In 84 0.6% 9 9 12 10 4 11 4 16 9 Over Votes 0 0.0% 0 0 0 0 0 0 0 0 0 Under Votes 6,440 46.4% 485 1,063 873 760 574 1,116 397 612 560 ~/~ Page 7 of 7 City of Richfield November 7, 2006 -Unofficial Gen ral Election Results for Richfield Precincts Il/8/20062:32:39PM Precinct Total % 1 2 3 4 5 6 7 8 9 VOTER TURNOUT Regist red Voters Persons Registered at 7:00 AM New Registrations at the Polls TOTAL REGISTERED VOTERS Ballots Cast Number Voting at Polls Regular Absentee Federal Absentee TOTAL PERSONS VOTING Turnout Percentage 19,463 92.7% 1,676 3,366 2,683 1,985 1,692 2,424 1,225 2,398 2,014 1,544 7.3% 108 271 215 192 136 248 75 163 136 21,007 100.0% 1,784 3,637 2,898. 2,177 1,828 2,672 1,300 2,561 2,150 12,435 .89.5% 994 1,865 1,781 1,231 1,090 2,125. 795 1,347 1,207 1,443 10.4% 66 471 180 77 86 268 54 152 89 13 0.1% 3 1 0 0 3 3 2 1 0 13,891 100.0% 1,063 2,337 1,961 1,308 1,179 2,396 851 1,500 1,296 66.1 % 59.6% 64.3% 67.7% 60.1 % 64.5% 89.7% 65.5% 58.6% 60.3% ~~' STAFF REPORT AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING NovElvr_sER 14, .2006 CONSENT 227 REPORT PREPARED BY: CHERYL KRUMHOLZ, EXEC. COOR. NAME, TITLE COUNCIL PRESENTER:. REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of first reading of the ordinance amendment relating. to City Council salaries and schedulin second readin .for November 28, 2006. I. RECOMMENDED ACTION: By motion; Approve first reading of the ordinance amendment relating to City. Council salaries and schedule second treading for November 28, 2006. II. BACKGROUND Chapter II, Section 21.0 of the .City ordinance establishes the salaries of the City Council and provides that the salaries of the Council Members be reviewed by December 1 of each year in which an election is held. It has been the practice in past years for the City Council to review their salaries prior o budget approval for the next year. In June 1987, Council Members adopted a policy to review Council salaries. The policy statement provides that in .years a municipal election is to be held, the Council shall establish a .revised pay schedule for the Mayor and Council Members. The policy also provides that any increase should be based upon the amount of increase granted to employees in the year(s) subsequent to the .previous salary adjustment. The salary increase for employees in the General Services and .Management pay plans was 3.5% in 2005 and 2006. On May 11,2004, the City Council approved a salary increase of the percentage that was the lesser of 3.5% or the percentage increase in the annual pay structure granted 1114councilsalaries on January 1, 2005 to Management and General: Services employees. That increase was 3.5% effective January 1, 2005. Also approved, effective on January 1, 2006, the annual salary of the Mayor and Council Members was increased by a percentage that was the lesser of 3.5% or the percentage increase in the annual pay structure increase granted on January 1, 2006 to Management and General Services employees. That increase was 3.5°l°. The 2006 salary of the Mayor is $9360, which translates into $9.00/hour based upon an average of 20 hours per week that is frequently exceeded. The 2006 salary of each Council Member is $7266, which translates into approximately $6.99/hour based upon an average of 20 hours per week that many Council Members exceed. The 2007 proposed salary-adjustment for General Services and Management employees is 3.5% effective January 1,.2007. A 2008 salary adjustment has not yet been determined. As stipulated in the City Charter, salary. increases do not take effect until after the next succeeding municipal election. This means any change in salaries would be effective January 1, 2007 and on January 1, 2008. Attached is a list of Council salaries of 10 selected cities in the metro area of a comparable size. • Second reading of the proposed ordinance is scheduled for November 28, 2006. III. BASIS OF RECOMMENDATION A. POLICY • Chapter II, Section 210 of the City Code establishes the salaries of the City Council and provides that the salaries of the Council .Members be reviewed by December 1 of each year in which an election is held. • The City Charter stipulates that City Council salaries may be adjusted only by ordinance. B. CRITICAL ISSUES • The City Council adopted Policy Statement No. 1 on July 13, 1987. The policy statement provides that in years a municipal election is to be held, the Council shall establish a revised pay schedule for Council Members and the Mayor. The salary increase for employees in the General Services and Management pay plans was 3.5% in 2005 and 2006. • A .public hearing is not required per State Statute or City Charter. C. FINANCIAL • A salary increase of 3.5% has been included in the 2006 Revised and 2007 Proposed budget to provide adequate funding, should an adjustment be approved. D. LEGAL • N/A - IV. ALTERNATIVE RECOMMENDATION~S~ • The Council could defer action on this item to a future meeting. • Do not approve first reading of the ordinance and take no further action. V. ATTACHMENTS • Proposed ordinance. • .Salary survey VI. PRINCIl'AL PARTIES EXPECTED AT MEETING • None. ~~ BILL NO. AMENDMENT TO SECTION 210 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 210 of the ordinance code of the City of Richfield is hereby amended by amending Subsection 210.01 to read as follows: Subdivision 1. Mayor. Effective January 1, 2005.7 the salary of the mayor shall be increased by a percentage that is the lesser of 3.5 percent or the percentage increase in the annual .pay structure granted on January 1, 20057 to Management and General Services pay plans. Subdivision 2. Council. Effective January 1, 20057, .the salary of a member of the council shall be increased by a percentage that is the lesser of 3.5 percent or the percentage increase in the annual pay structure granted on January 1, 20057 to Management and General Services pay plans. Subdivision 3. Effective January 1, 200.68, the annual salary of the mayor. and a member of the council as provided in Subdivision 1 and 2 above shall be increased by a percentage that is the lesser of 3.5 percent or the percentage increase in the annual pay structure granted on January 1, 20088 to Management and General Services. pay plans Subdivision 4. Effective Date. This ordinance becomes effective on January 1,.20057. Passed by the City Council of the City of Richfield, Minnesota this 28th day of November, 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk ys-~ • METROPOLITAN AREA CITY COUNCIL 2006 SALARY SURVEY Cit Population 2006 Ann Ma or ual Salary .Council 2007 Ann Ma or ual Salary Council Apple Valley 48,418 $10,272. $7,344 $10,584 $7,560 .Blaine 49,962 12,792 9,384 No change. Eden Prairie' 62,000 9,900 7,200. :9,900 7,200 Edina 48,156 7,054 _. 5,101 Slight increase; not set yet. Fridley 2 27,480 9,926.07 7,208.17 10,223.85 7,424.42 Golden. Valleys 20,736 11,619 8,696 No change. Maple Grove 61,263 12,500 10,500 Unknown at this time. Minnetonka 51,658 10,500 8,000 Unknown at this time. Richfield 34,502 9,360 7,266 Roseville 34,080 9,300 7,020 No change.. St. Louis Park4 44,896 10,985 7,165 No change. Average Salary: $10,382 $7,717 NOTES: ~ In addition to salary, the Eden Prairie Mayor/Council receive an additional $35 per diem if they are required to attend more than the two regularly scheduled 2 The Fridley Council Member at Large receives $8,153.16 in 2006; $8,397.75 in 2007. s Also receive $50 .per meeting up to 3 meetings per month for special meetings, i.e., Community Services or Planning Commission. a The St. Louis Park Mayor/Council also serve on the Economic Development Authority. The additional salary compensation for the Commissioners is $4,299. and .$5,731 forthe President. Survey date: 11/6/06 Exec/cc/cc-salaries-06 AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING NOVEMBER 14, 2006 CONSENT REPORT PREPARED BY: PAM DMYTRENKO, ASSISTANT TO THE CITY MANAGER NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the legislative proposal from the community representatives of the Noise Oversight Committee to improve community representation on the Metropolitan Airports Commission. I. RECOMMENDED ACTION: By Motion: Approve the legislative :proposal from the community representatives of the Noise Oversight Committee to improve communit re resentation on the Metropolitan Air orts Commission. II. BACKGROUND The community representatives who serve on the Noise Oversight Committee (NOC) met on October 18, 2006 to discuss draft legislation that would improve those communities' representation on the Metropolitan Airports Commission (MAC). Currently, under State Statute., the MAC consists of 15 members - 13 appointed. by the Governor and 2 permanent seats filled by the Mayors of Minneapolis and St. Paul or their selected representatives. However, because the operations of the Minneapolis/St. Paul International Airport (MSP) significantly impact all the communities that surround it, the NOC communities agreed that better representation on the MAC should be sought through a legislative change to the .current statute. Specifically, the proposed draft legislation amends current State law by adding four new seats to the MAC - a representative from each of the cities touched by the 65 1114MACLegislation DNL noise contour -Eagan, Bloomington, Richfield and Mendota Heights. If approved by the Legislature, the mayor of each city, or his/her appointee, would fill the four respective seats. While the proposal would add four new seats, it would not, otherwise, reconfigure the MAC. Past attempts brought by individual communities to change the composition of the MAC have all failed, never making it out of committee. Therefore, it is critical that the NOC communities present a unified front: A number of current State legislators have already indicated their support for legislative action and newly elected representatives will be contacted to enlist their help. Because opposition to the 4-seat proposal is anticipated, the proposal includes a tiered set of options. Option 2 would add two new seats to the MAC -one seat for the two communities north of the Mississippi River (Bloomington and' Richfield) and one seat for the two communities south of -the river (Eagan and Mendota Heights). Option 3 would add one additional seat to represent all of the :communities. in_the 65 DNL noise contour. Under both Options 2 and 3, the City Councils would approve the community representative(s) upon. recommendation of the NOC communities group. The goal is to have the proposed legislation drafted and jacketed in December so that it is ready to go for the 2007 legislative session.. III. BASIS OF RECOMMENDATION ` . A. POLICY • City Council support is necessary prior to submitting proposals to the. Legislature for consideration: B. CRITICALISSUES • Since previous individual. attempts to change the MAC composition have failed, it is critical to provide a unified front at the Legislature of all the city councils and their State representatives. C. FINANCIAL - • None D. LEGAL • None ~ 1 V . ALTERNATIVE KECOMMENDATION(S) ~ • Suggest a different legislative proposal. However the alternative would need to receive the full support of all the NOC communities. ~ V . ATTACHMENTS ~ • Legislative proposal VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None yG'- ~ - Proposed Language fora Bill Pertaining to City Representation on the Metropolitan Airport Commission (2006-2007 Legislative Session) 1.1 A bill for an act 1.2 relating to the metropolitan airports commission; 1.3 adding mayors to the commissioner membership; amending 1.4 Minnesota Statutes 2002, sections 473.604, subdivision 1.5 1;473.605, subdivision 2; 473.622; repealing 1.6 Minnesota Statutes 2002, section 473.601; subdivisions 1.7 3, 6. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 Section 1. Minnesota Statutes 2002, section 473.604, 1.10 subdivision 1, is amended to read: 1.I1 Subdivision 1. [COMPOSITION:] The commission consists of: 1.12 (1) the mayor of each of the cities of Minneapolis, St. 1.13 Paul, Bloomington, Eagan, Mendota Heights, and Richfield, 1.14 or a qualified voter appointed by the mayor, for the term of 1.15 office as mayor; 1:16 (2) eight members, appointed by the governor from each of 1.17 the following agency districts: 1.18 (i) district A, consisting of council districts 1 and 2; 1.19 (ii) district B, consisting of council districts 3 and 4; 1.20 (iii) district C, consisting of council districts 5 and 6; 1.21 (iv) district D, consisting of council districts 7 and 8; 1.22 (v) district E, consisting of council districts 9 and 10; 1.23 (vi) district F, consisting of council districts ll and 12; 1.24 (vii.) district G, consisting of council districts 13 and 1.25 14;-and 1.26 (viii) district H, consisting of council districts 15 and 2.1 16. 2.2 Each member shall be a resident of the district represented. 2.3 Before making an appointment, the governor shall consult with 2.4 each member of the legislature from the district for which the 2.5 member is to be appointed, to solicit the. legislator's 2.6 recommendation on the appointment; 2.7 (3) four members appointed by the governor from outside of 2.8 the metropolitan area to reflect fairly the various regions and 2.9 interests throughout the state that are. affected by the 2.10 operation of the commission's major airport and airport system. 2.11 Two of these members must be residents of statutory or home rule 2.12 charter cities, towns, or counties containing an airport 2.13 designated by the commissioner of transportation as a key 2.14 airport. The other two must be residents of statutory or home 2.15 rule charter cities, towns, or counties containing an airport 2.16 designated by the commissioner of transportation as an 2.17 intermediate airport. The members must be appointed by the 2.18 governor as follows: one for a term of one year, one for a term 2.19 of two years, one for a term of three years; and one for a term 2.20 of four years. All of the terms start on July 1, 1989. The 2.21.. successors of each member must be appointed to four-year terms 2.22 commencing on the first Monday in January of each fourth year 2.23 after the expiration of the original term. Before making an 2.24 appointment, the governor shall consult each member of the 2.25 legislature representing the municipality or county from which 2..26 -the member is to be appointed, to solicit the legislator's 2.27 recommendation on the appointment; and 2.28 (4) a chair appointed by the governor for a term of four 2.29 years. The chair may be removed at the pleasure of the governor. ~c-2- 2.30 Sec. 2. Minnesota Statutes 2002, section 473:605,. 2.31 subdivision 2, is amended to read: 2.32 Subd. 2. [PER DIEM, EXPENSES; EXCEPTION.] Each commission 2.33 member shall receive $50 per diem compensation and be reimbursed 2.34 for actual and necessary expenses. The chair-shall receive a 2.35 salary as prescribed in section 15A.0815 and shall be reimbursed 2.36 for reasonable expenses to the same extent as a, member. The , 3.1 mayors and members of the city councils of Minneapolis and, St. 3.2 Paul, Bloomington, Eagan, Mendota Heights, and Richfield shall 3.3 not be eligible for per diem compensation.- The anr_ual budget 3.4 of the commission shall provide as a separate account 3.5 anticipated expenditures for per diem, travel, and 3.6 associated expenses for the chair and members, and compensation 3.7 or reimbursement shall be made to the chair and members only 3.8 when budgeted. 3.9- Sec.-3: Minnesota Statutes-2002;-section 473.622; is 3.10 amended to read: 3.11 473-.622 [EXISTING AIRPORTS; CONTROL, JURISDICTION.] 3.12 The corporation shall exercise control and jurisdiction- 3.13 over any other airport within either 35 miles of the city hall 3.14 of either the city of Minneapolis or St. Paul or within the 3.15 metropolitan area. Control and jurisdiction of the corporation 3.16 over any privately or publicly owned airport shall be limited to 3.17 control and jurisdiction of the flight and traffic patterns of 3.18 such airport in the interests of safety of the operation of any 3.19 airport owned or operated by the corporation. No airport. shall 3.20 be acquired or operated within the metropolitan area without 3.21 .first securing the approval of the corporation, provided,. 3.22 however, such approval shall. not be withheld except after notice 3.23 to all interested parties and a public hearing held thereon, as 3.24 .provided in section 360.-018, subdivision 7, and then only upon a 3.25 finding by the corporation that the acquisition or operation of 3.26 such airport would create a flight hazard to any airport or 3.27 airports owned or operated by it. As to any airport once 3.28 licensed with the approval of the corporation, approval of the 3.29 continued operation of such airport shall at no time be 3.30 withdrawn by the corporation except after notice to all 3.31 interested parties, a public hearing had, and a finding by the 3.32 corporation based on substantial evidence that the operation of 3.33 such airport is inconsistent with the safety of flight to and 3.34 from an airport owned. or operated or presently to be or being 3.3:5 constructed. to be operated by the corporation, and then only 3.36 after payment of just compensation to cover the loss sustained 4.1 by reason of such withdrawal, such just compensation, if not. 4.2 arrived at by agreement, to be ascertained in the condemnation 4.3 of said airport by the corporation under the power of .eminent 4.4 domain, the commission to institute .the condemnation proceedings 4.5 promptly and to pay in connection with the prosecution thereof 4.6 all reasonable and necessary expenses incurred not only by it 4.7 but also by the owner of such airport. 4.8 Sec. 4. [REPEALER.] 4.9 Minnesota Statutes 2002, section 473.601, subdivisions 3 4.10 and 6, are repealed. AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT CITY COUNCIL MEETING NOVEMSER 14, 2006 CONSENT. REPORT PREPARED BY: COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: CHERYL KRUMHOLZ, EXEC.- COORDINATOR ITEM FOR COUNCIL CONSIDERATION: Consideration of designating Council Member Sue Sandahl as the City of Richfield voting delegate for the National League of Cities annual Congress of Cities business meeting on December 9, 2006. L RECOMMENDED ACTION: By Motion:. Designate. Council Member Sue Sandahl as the City of .Richfield official voting delegate for the National League of Cities annual Congress of Cities business. meeting. on December 9, 2006. II. BACKGROUND The National League of Cities (NLC) annual Congress of Cities conference is December 5-9, 2006 in Reno, Nevada:. The annual business meeting will be held on December 9. Under the bylaws of the NLC, each direct member city is entitled to cast one to 20 votes, depending upon the city's population, through its .designated voting delegate at the annual business meeting. Richfield is eligible to cast one vote. To be eligible to cast the City's vote, the voting delegate must be designated by the City.. NLC's bylaws expressly prohibit voting by . proxy. Thus, the designated, voting delegate must be present at the annual meeting to cast the City's vote.... At the August 8, 2006 City Council meeting, the City Council approved Council Member-at-large Sue Sandahl to attend the NLC conference:. The City Council should now approve designating Council Member Sandahl as the voting delegate at 1114NLC the business meeting. The delegate must be present at the annual business meeting to cast the City's vote. III. BASIS OF RECOMMENDATION A. POLICY • Richfield is a member of the NLC, • Richfield is eligible to casf one vote at the annual business meeting • A designated voting delegate must be present at the business meeting to cast the City's vote. B. CRITICAL ISSUES • To establish Richfield's credentials and facilitate voting delegate preparation for the Congress of Cities, a voting delegate designation must be submitted to the NLC not later than November 15, 2006. • It is important for the City to vote on NLC policy amendments and proposed resolutions. _ C. FINANCIAL • N/A D. LEGAL N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Do not designate a voting delegate. V. ATTACHMENTS • N/A VI. PRINCIPALPARTIES EXPECTED AT MEETING • N/A AGENDA SECTION: CONSENT AGENDA ITEM # E' REPORT # -STAFF REPORT CITY COUNCIL MEETING NOVEMBER 14, 2006.. • REPORT PREPARED BY: COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: STEVEN L. DEVICH, CITY MANAGER ITEM FOR COUNCIL CONSIDERATION: Consideration of approval of amended joint and cooperative agreement of the Southwest Suburban Cable Commission. I. RECOMMENDED ACTION: By Motion: Adopt the amended joint and cooperative agreement of the Southwest Suburban Cable Commission. II: BACKGROUND The Southwest Suburban Cable Commission (SWSCC) has recommended that each of the fivE, member cities adopt the updated version of the SWSCC amended joint and cooperative agreement. The document is in substantially the same form as the original document except for onemodification that amends the audit provisions. The amended joint and cooperative agreement has been modified to correct a few minor grammatical errors, with one substantive change to a current provision of the agreement. That change occurs in Section 8. Audit. The previous language of that section required that an audit be undertaken at least once every two years. The new language removes the costly requirement for the audit and replaces it with permissive language that. provides that any member city may require an auditor similar review of the SWSCC's financial records at any time. The new language also provides that the SWSCC shall determine the appropriate time for any auditor review of the commission's financial records. 1114SWSCC The SWSCC now meets only two times per year and issues only between 15 and 20 checks annually. Thus, the SWSCC and its legal consultant do not believe that it is necessary to continue the current mandatory audit provision. There have been no other changes in the document, nor have there been any changes in the structure of the SWSCC.. III. BASIS OF RECOMMENDATION A. POLICY . • The joint and cooperative agreement of the SWSCC is outdated and need to be amended to reflect the streamlining in the operation of the SWSCC that has taken. place in the past fevv years. _- • The SWSCC has reviewed this matter and has recommended to each of the member cities that the amended document be adopted. B. CRITICAL ISSUES • Brian Grogan, Attorney for the SWSCC, has asked that this amended document be forwarded to the. respective City Council of each of the five member cities for their consideration. C. FINANCIAL • There is a positive financial impact on the SWSCC,. since the cost of an audit is between $2,500 and X3,000. D. LEGAL • Brian Grogan, Attorney far the: SWSCC, has prepared this document on behalf of the SWSCC for consideration by each member city. IV. ALTERNATIVE RECOMMENDATION(S~ • Decline to adopt the amendment presented. V. ATTACHMENTS • Amended Joint and Cooperative Agreement -SWSCC VI. PRINCIPAL PARTIES .EXPECTED AT MEETING • N/A ~~-/ AMENDED JOINT AND COOPERATIVE AGREEMENT SOUTHWEST SUBURBAN CABLE COMMISSION ARTICLE I. PREAMBLE The parties to this Agreement are governmental units of the State of Minnesota. This Agreement supersedes any prior Agreement between the parties covering the establishment of a Cable Communications Commission and is made pursuant to Minnesota Statutes §238.08 and §471.59, as amended. _ __ ARTICLE II. GENERAL PURPOSE The general purpose of the Agreement is to establish an organization to analyze the operation and Systems of the Member Cities; to coordinate administration and. enforcement of the respective Franchises of the Member Cities; to report and recommend to the Member Cities relative to the operation of their respective Systems and the activities of their respective Grantees; and to perform such other duties as are required of the organization hereby created pursuant to this Agreement. ARTICLE III. NAME The name of the organization hereby created is Southwest Suburban Cable Commission. ARTICLE IV. DEFINITION OF TERMS Section 1. _ Definitions. For the purpose of this Agreement, the terms defined in this Article shall have the meanings given them by this Article.. Section 2. "Board" or "Board of Directors" means the governing-body of the Commission. Section 3. "Commission" means the organization created pursuant to this Agreement. Section 4. "Council" means .the .governing body of a Member City. 800934vdoc ~ ~i~ /~ Section 5. "Directors" means the persons appointed pursuant to this Agreement to serve as Directors, and includes alternate Directors when serving as Directors. Section 6. "Franchise" means any Cable Television Franchise granted by a Member City to this Agreement. Section 7. "Grantee" means any person to whom a Member City has granted a Franchise. _ Section_8. "Managers' Committee."..means the committee consisting of the. Director _ _ __ ,_ of each Member City who is the city manager, or his or her alternate.. Section 9. "Member City"means a municipality which has entered into this Agreement and is in good standing. Section 10. "System" means any cable communications system operated within each • Member City pursuant to a Member City's Franchise. ARTICLE V. MEMBER CITIES The Member Cities to this Agreement are Eden Prairie, Edina, Hopkins, Minnetonka and Richfield. Any other municipality served by a System through the same Grantee as the Member Cities to this Agreement may become a Member City upon approval by all of the then Member Cities. Eligible municipalities may become a Member City effective January 1 of any year thereafter, upon approval by atwo-thirds (2/3)-vote of the total Directors and upon payment of the initial contribution set out in Article XI, Section 2 hereof, and contributions for the year it becomes a Member City. ARTICLE VI. EFFECTIVE DATE Sectionl. Execution of Agreement. A municipality shall enter into this Agreement by duly executing `a copy of this Agreement and by action of its Council authorizing execution of 800934vdoc 2 ~" /~ a copy of this Agreement by its authorized officers. Whereupon, the clerk or other appropriate officer of that municipality shall-file a duly executed copy of this Agreement with the Commission. Section 2. Effective Date. This Agreement is effective on the date executed by all of the Member Cities. ARTICLE VII. POWERS AND DUTIES OF THE COMMISSION AND PARTIES Section _1. _ General. Authority. -The Commission is established. for. the purposes of_ coordinating administration and enforcement of the individual Franchises of the Member Cities and providing uniformity in that administration and enforcement to insure that the System of the Grantee is constructed, operated, maintained and upgraded in a manner that will, to the extent possible, be to .the maximum benefit of each Member City. To accomplish this purpose, the following divisions are made of authority and responsibilities among the Member Cities and the Commission. Section 2. Member City Powers and Duties. The Commission shall have only such powers and duties as are specifically granted in this Agreement or necessarily implied from those specifically granted. All powers and duties not so granted or necessarily implied are reserved to the Member Cities. Specifically, the Commission shall have no powers and duties in the following areas and the Member Cities retain sole authority in the following areas: A. General Powers. Each Member City retains authority to amend and renew its Franchise, initiate and defend lawsuits, and prosecute violations of its Franchise. B. Permits and Licenses. Each Member City retains .authority to issue all. required permits and licenses for the construction and operation of the System. 800934vdoc 3 1~/~ Section 3. Powers and Duties of the Commission. Subject to the provisions of Section 2, the following powers and duties are delegated by the Member Cities to the. Commission. A. Policy Decisions and Recommendations. The Commission shall make policy decisions and recommendations to Member Cities on the following: 1) .Enforcement of Laws.. Enforcement of laws, regulations and _ _ _ ordinances, related to cable communications, against_Grantee and others. 2) Insurance Policies and Letters of Credit. The content and adequacy of insurance policies and letters of credit. • 3) Marketing_Practices. Review and report to the Member Cities on any marketing practices or subscription contracts which maybe contrary to any of the Franchises, or which are not uniform in each Member City. 4) Granting of Franchises. The grant of new franchises by Member Cities. B. Complaints Relating to Grantee Actions. Receive, collect, tabulate and attempt to resolve by negotiation with Grantee all customer complaints and report to the affected Member City all unresolved complaints. C. Institutional Network. Monitor development of the institutional networks in each Member City and work with Grantee to promote prompt completion of the institutional network in each Member City. D. Cable Pro~rammin~ Content, Scope, Alterations in Programming Services. Deal with all matters relating to programming on its own initiation or upon request of a Member City.. 800934vdoc 4 ~~ J E. Access and Local Ori 'ngi ation. Encourage and.promote the use and development of access channels and programming and local origination programming, work with Grantee to coordinate such development and programming in each Member City, including the development of rules, training of persons and the use and maintenance of equipment. F. Performance Evaluation. Cause technical evaluations of the System whenever the .Commission,. in its_sole discretion,. concludes. that such evaluations are. required or desirable, including the periodic. review and evaluation specified in the Member Cities' Franchises.- G. Grantee Rules. Help to develop Grantee's rules regarding development and supervision of the System including, but not limited to, public access, local origination and line extensions. H. Technology and State of Art Review. Review changes and developments in the cable communications industry and facilitate the upgrading of the System. L StatutorX and Regulatory Changes. Advise the Member Cities of any required or recommended Franchise amendments. 7. Interconnection with Other S sue. Monitor the planning and development of the regional interconnection ofthe System with other cable television systems and supervise the implementation of interconnection. to the extent not requiring. Franchise amendment. K. Lobb~~ of Commission Policy at Other Governmental Levels. Present its policies to-other governmental bodies involved in the regulation or operation of cable. communications. 800934vdoc 5 ~E,l~ L. Mediation of Member Cities/Grantee Disputes. Mediate disputes arising between a Member City and the Grantee when and if submitted to the Commission for resolution upon the mutual agreement of that- Member City, the .Grantee and the Commission. M. Franchise Fees; Grantee Audits. Coordinate payment of franchise fees to the Member Cities; examine books and records of Grantee and conduct any audits. or reviews it deems appropriate and as may be required by the Franchises.. __ _ _ _ .__ N. Gifts. In appropriate circumstances, accept gifts, apply for and use grants, enter into agreements required in connection therewith, and hold, use and dispose of money or property received as a gift or grant in accordance with the terms thereof. O. Annual Report. Prepare an annual report to the Member Cities describing and summarizing its functions and activities for the preceding year. P. Coordination and Defense of Civil Lawsuits. Provide assistance and coordination regarding the defense of any lawsuit pertaining to cable communications, or the enforcement of Franchises. Any such requested assistance or coordination shall be paid for by the Member City or Member Cities requesting its defense of lawsuits in which the Commission is named as a defendant and shall be handled in a manner decided by the Commission. Q. Rates and Charles. To the extent permitted under the law, maintain records of rates and charges and evaluate changes requested by Grantee; advise and recommend to the Member Cities as to all requested rate or charge changes; obtain from Grantee and from any other source, such information relating to rates, costs and service 800934vdoc 6 ~~~~ levels as any Member City is entitled to obtain from Grantee or others; and conduct hearings as the Commission deems appropriate. R. Contracts. Make such contracts and enter into such agreements as it deems necessary to make effective any power granted to it or perform any duties imposed upon it by this Agreement or delegated to it by a Member City. The Commission may contract with any of the Member Cities or others to provide to it space, services or materials. __ S. Consultants and Legal Counsel. Contract with such persons as it deems necessary to accomplish its powers and. duties. T. Procedures Relating to the' Governance of Commission Operations. Notwithstanding any provision contained in this Agreement, with respect to the operating procedures of the Commission, the Commission is hereby authorized to establish from time to time bylaws or other policies and procedures relating to its own governance and operations, including procedures relating to meetings, dates of meetings, agendas, information contained on agendas and the functions of the Managers' Committee and Commission. ARTICLE VIII. BOARD OF DIRECTORS Section 1. General Powers. The property, affairs and business of this Commission shall be managed by the Board of Directors. Section 2. Qualifications• Appointment; Notices. Each Member City shall be entitled to two (2) Directors and two (2) alternate Directors. Each alternate shall serve as a Director when the Director for which he/she is an alternate cannot serve or is absent. One (1) Director and his/her alternate shall be a member of that Member City's Council. The other Director and 800934vdoc 7 ~~ his/her alternate shall be an administrator or staff member having, or likely to have, administrative responsibility for that Member City's System. Directors and alternates shall be appointed by the Council of each Member City at the time it becomes a Member City. When a Council appoints a Director, it shall give written notice initially of such appointment to the Chair. Such notice shall include the mailing address of the person so appointed. The names and addresses shown on such notices as the same maybe challenged by subsequent notices given in writing, may be used as the official names and addresses forthe purpose_ofgiving notices to _ such persons for all purposes under this Agreement, including meetings of the Commission. Section 3. Officers Selection.- At each annual meeting thereafter while the Commission is in existence, the Commission shall elect the Commission officers from its Directors. Section 4. By-Laws. The Commission shall adopt By-Laws governing its procedures including the time, place and frequency of its regular meetings, and the time and place of its annual meeting. The Commission may amend the By-Laws from time to time by either of the following methods: A. A proposed By-Law amendment maybe submitted by a Director at any regular meeting. It shall then be referred to the Managers' Committee for its recommendation. The recommendation shall be presented to the Board at a regular meeting and voted upon at that or a subsequent meeting of the Commission; or B. A proposed By-Law amendment maybe submitted by a Director by giving written notice thereof to all other Directors at least fourteen (14) days prior to a regular meeting at which it is to be acted on. The proposed amendment shall then: be referred to the Managers' Committee for its recommendation: The recommendation shall 800934vdoc 8 ~i~;-~ be presented to the Board at the meeting stated in said notice and voted upon at that or a subsequent meeting of the. Commission. In no event shall a proposed By-Law amendment be acted upon without a review by the Managers'. Committee of not more than sixty (60) days. Section 5. Compensation.. Directors shall serve without compensation from the Commission no matter in what capacity they serve, but this shall. not prevent a Member City ...from providing. compensation for. its_Directors if such compensation. is authorized by the. Member. City and by law. Section 6. Voting. There shall be no voting by proxy. Each. Director shall have one (1) vote. Votes must be cast at a Commission meeting. Directors shall not be eligible to vote during the time the Member City that appointed such Directors is in default on any contribution or paymentto the Commission. During the existence of such default, the votes allottedto such. Member City shall not be counted for any purposes under this Agreement. Section 7. .Term; Resignation. Directors shall serve, at the pleasure of the Council .appointing them, a term of two (2) years. In the case of Council member Directors, his/her term shall automatically cease when his/her term as a Council member is ended. Likewise,. the term of a Director that is an administrator or staff member of a Member City shall cease upon termination of thatperson's employment with the appointing Member City. Directors maybe reappointed at the pleasure of the Council appointing them. A Director may resign at any time by giving written notice to the Chair, effective upon the date stated in said notice, or if no date is stated, effective upon receipt by Chair. Acceptance of a resignation is not necessary to make it effective. 800934vdoc 9 ~E~ Section 8. Vacancies.. A vacancy on the Commission, created by any cause, shall be filled, for the remaining term of the .prior Director, by the Council of the Member City whose Director position on the Commission is vacant. Section 9. Quorum and Manner of Action. Except as provided in Article VII, Section 3, Paragraph K, a majority. of the Directors shall constitute a quorum of the Commission, and the act of a majority of the Directors present at any meeting at which a quorum is present shall be the.act of the. Board. In the..absence of a quorum, a majority of.the Directors .present may adjourn any meeting from time to time until a quorum is present. Notice of any adjourned meeting need not be given other than by announcement at the meeting at which. adjournment is taken. If a quorum is present when a duly called meeting is convened, the Directors present may adjourn the meeting, notwithstanding that the withdrawal of a number of Directors originally present cleaves less than a quorum. No other business shall be transacted. Section 10. Annual and Regular Meetings. An annual meeting of the Commission shall be held in April of each year to elect officers of the Commission and for transaction of any other business to come before the meeting. Regular meetings shall beheld at such times and places as shall be established in the By-Laws of the Commission. Section 11. St~ecial Meetings. Special meetings of the Commission maybe called (i) by the Chair, (ii) by-the Managers' Committee, or (iii) by the Chair or Managers' Committee upon the written request of a majority of the Directors. Five (5) days written notice of special meetings shall be given to the Directors.. Such notice shall include the agenda for the special .meeting. Only matters set forth in the agenda shall be considered at the special meeting.. Section 12. Notice. Notice of regular and annual meetings of the Commission shall be given to the Directors at least seven (7) days in advance and the agenda for such meetings shall 800934vdoc 10 ~E~~ accompany the notice. Business at regular meetings of the Commission is not limited to matters set forth in the agenda. Section 13. Notices Excused. Any meeting of the Board shall be a legal meeting without any notice thereof having been given if all of the Directors then in office are present at the meeting or waive notice in writing before, at or after the meeting. ARTICLE IX. OFFICERS __ _ Section 1. Number; Election;. Qualfications._ The officers of the_Commissionshall _ __ consist of a Chair, a Vice Chair and aSecretary/Treasurer. Each officer shall be elected at thean annual-meeting by the Board and shall hold office ~~~+~~ rhQ „PXt ~i„n„a1 ~t~t~f;r,n rsf nffr~Pr for a term of two (2) years and until his/her successor shall have been elected and have qualified or until his/her earlier disqualification, death, resignation or removal. All officers. shall be Directors. New officers shall take office at the adjournment of the annual .meeting of the Commission at which they were elected. Not more than one (1) Director of a Member City shall be elected an officer during the same term. Directors of a Member City that have given notice of withdrawal shall not be eligible to become officers or to vote on the selection of officers. Any officer who ceases to be a Director shall at the same time cease to be an officer. Section 2. Resi ng ation. Any officer of the Commission may resign at anytime by giving written notice of his/her resignation to the Board, to the Chair or to the Secretary/Treasurer of this Commission. The resignation shall take effect at the time, if any, specified therein or, if no time is specified therein; upon receipt thereof by said Board, Chair or Secretary/Treasurer. The acceptance of a resignation shall not be necessary to make it effective. Section 3. Removal. Any officer may be removed, with or without cause, by a-vote of four-fifths (4/5) of the total number of Directors, at any meeting of the Board, provided that 800934vdoc 11 ~~~ such purpose is stated in the notice or waiver of notice of the meeting unless all of the Directors of this Commission are present at the meeting. Section 4. Vacancies. A vacancy in any office because of disqualification, death, resignation or removal shall be filled for the unexpired. portion of the term in the manner prescribed herein for election to that office. Section 5. Chair; Vice Chair. The Chair shall preside at all meetings of the Commission and shall perform all .duties .incident to the. office of Chair -and such: other duties_as maybe delegated by the Commission. The Vice Chair shall act as Chair in the absence of the Chair. .Section 6. ~ Secretary/Treasurer. The Secretary/Treasurer shall be a Directorwho is an administrator or staff member of a Member City. He/she shall be responsible for keeping a record of all of the proceedings of the Commission-and Managers' Committee and shall serve as the Chair of the Managers' Committee. The Secretary/Treasurer shall have custody of the Commission's funds, shallpay its bills, shall keep its financial records and generally conduct the financial affairs of the Commission. He/she shall be responsible for such other matters as shall be delegated to him/her by the Commission. Orders, checks and drafts ofthe Commission shall require the signature, of the Secretary/ Treasurer. In conducting the Commission's financial affairs, the Secretary/Treasurer: shall, at all dimes, act in accordance with generally accepted accounting principles. The Secretary/Treasurer's report, including any bills or claims to be acted upon by the Commission, shall be distributed to all Directors ~,~t 1~cc Than ~;,~~ r~~ ~i~yc n~;~~ to the C''n,-„m;c~;~,,, `ThP (~`nmrrticcinn c~,~t~ at each Commission meeting. The 800934vdoc 12 ~F~~3 Commission shall have the option to mandate that the Commission bear the cost of any bond or insurance so required. ~ai.d.~ fidelity bond or other insurance shall cover all persons authorized to handle funds of the Commission. Any persons maybe engaged to perform such services under the Secretary/Treasurer's supervision and direction, when authorized by the Commission. Section 7. Other Officers. The Commission may appoint such other officers as it deems necessary. All such officers shall be Directors... - - -- Section 8. Committees. The Commission may appoint such committees as it deems necessary or desirable to accomplish its purposes. ARTICLE X. MANAGERS' COMMITTEE Section l . Qualifications. The Managers' Committee shall consist of the administrator or staff member Director appointed by each Member City. Section 2. Authori .The Managers' Committee shall have the authority to manage the properly, affairs and business of the Commission between Commission meetings, to the extent specifically delegated by the By-Laws or resolution of the Board, but at all times, shall be subject to the control and direction of the Board. .Section 3. Meetings. The Managers' Committee shall meet as necessary at a time and place to be determined by he Managers' Committee. Special meetings maybe called by any other two (2) members of the Managers' Committee or by the Commission. The date and place of the special meeting shall be fixed by the person or persons calling it. At least seventy- two (72) hours (from the. time of mailing) advance written notice of a special meeting shall be given to all members of the Managers' Committee by the person or persons calling the meeting.. 800934vdoc 13 yE-~~ The notice shall state the matters to be considered at the special meeting and only those matters shall be considered at that meeting. Section 4. Personnel. The Managers' Committee shall have- authority to hire, supervise and discharge full or part time employees but their compensation shall be within budget limitations. The Managers' Committee may make any required employer contributions which local government units are authorized or required to make by law. Section 5. _ _ Notices Excused. The provisions of Article. VIII, .Section 13, shall apply to meetings of the Managers' Committee.. Section 6. Quorum and Manner of Action. The provisions. of Article VIII, Section 9, shall apply to meetings of the Managers' Committee. ARTICLE XL FINANCIAL MATTERS Section 1. Fiscal Year. The fiscal year of the Commission shall be the calendar year. Section 2. .Initial Contributions. An initial contribution of Two Thousand Five Hundred Dollars ($2,500.00) shall be made to the Commission by each Member City at the time it becomes a Member City: Section 3. Contribution for Subsequent Years. Beginning in the calendar Year 2001 and for each year thereafter, each Member City shall contribute Two Thousand Five Hundred and No/100 Dollars ($2,500.00). Budget amounts recruited in excess of this minimum amount shall be paid by-each Member City contributing. Each. Member City shall contribute an amount which bears the-same ratio to the total budget as that Member City's franchise fees received for the period ending August 31 of the year prior to the year for which such budget has been prepared bears to the total franchise fees received for such prior period by all. of the Member Cities .combined, or such other amount or ratio as is agreed to by all of the Directors by August 1 800934vdoc 14 .~-~~~ of the year prior to the year for which such budget has been prepared and approved by the Council of each Member City. However, in any event, no Member City's contribution shall exceed the franchise fees received in such prior year by such Member City. Section 4. Payrnent. Contributions, pursuant to Section 3, shall be due in full on each January 15, or by such installment method as the Commission shall determine. Section 5. Default. Contributions shall be due in full, or in accordance with an installment plan, within _thirty (30) .days after the date of the billing statement-from the. Commission. If payment has not been made within that time, a Member City will be in default. The Commission may recover any contribution in default by a civil suit, and the defaulting Member City, in such case, shall pay all costs of the suit, including reasonable attorneys' .fees. Section 6. Budget Process. A proposed budget shall be formulated and approved by the Commission at the October Commission meeting each year. No budget shall become effective unless approved by a majority of the Member Cities. If any Council approves a proposed budget prior to notice having been received by its Directors of the withdrawal of any Member City (which maybe done by notice given prior to October 1 of any year), that approval shall not be binding on that Member City, but that Council may reconsider such prior approval of the budget. All parties shall. endeavor to approve the proposed budget. on or before December of each year. If the budget is not approved, the Commission shall promptly formulate a revised. budget and submit it to the Member Cities for their review and. approval. This process shall be continued until a budget is approved. The Member Cities shall use their best efforts to approve a budget for the then succeeding year by December 31 of each year. Section 7. Expenditures. The Commission may expend its funds as it deems .necessary and appropriate pursuant to this Agreement. 800934vdoc 15 F ~~1~ Section 8. ..Audit. TheAt any time, any Member Cit~may require an audit, review or other verification of the Commission's financial books and records .The Commission shall determine the appropriate period of time for such audit review or other verification. A copy of any audit, review or verification report shall be given to each Member City. The Commission's books and records shall be available for and_open to examination_and copying by the Member Cities and their respective representatives at all reasonable times. ARTICLE XIL WITHDRAWAL Section 1. Withdrawal. ,Any Member City may withdraw from this Agreement effective on January 1 of any year by giving notice pursuant to Section 2 of this Article prior to October 1 of the preceding year. Section 2. .Notice. In order to effectuate a withdrawal, a Member City withdrawing from the Commission shall give written notice to the Chair of the Commission, served personally on the Chair or addressed to the Chair at the address shown on the records of the Commission, and by giving with such notice a certified copy of a resolution of its Council stating its decision. to withdraw from the Commission. The withdrawal shall be effective upon actual receipt by the Chair of such notice and resolution. The withdrawing Member City shalLhave the responsibility for such actual receipt by the Chair. Upon receipt of such notice and resolution, the Chair of the Commission shall forward a copy of the notice and resolution to each Director. Section 3. Financial Effect of Withdrawal. No financial benefit shall inure to a Member City that withdraws from this Commission nor shall there be any reimbursement for any. contribution made by the withdrawn Member City. 800934vdoc 16 y~~~ ARTICLE XIII. AMENDMENTS Section L Amendments. This Agreement maybe amended only by written amendment entered into by all the then Member Cities to this Agreement in the same manner as this Agreement is entered into pursuant to Article VI hereof. ARTICLE XIV. DISSOLUTION Section 1. Duration of Commission. The Commission may continue for a term up to and. including. the date. the Franchises of the_Member Cities .expire.... The_Commission_shall be dissolved if less than four (4) Member Cities remain, or by operation of state or federal law or regulation, now or hereafter enacted, or by mutual signed agreement of all of the Member Cities. Section 2. .Distribution of Assets. Upon dissolution of the Commission, all remaining assets of the Commission, after payment of all obligations, shall be distributed among the Member Cities that are Member Cities to the Agreement at the time of dissolution, in • proportion to their contributions and in accordance with procedures established by the. Commission. The Commission shall continue to exist after dissolution for such period, no longer than six (6) months, as is necessary to wind up its affairs, but for no other purposes. ARTICLE XV. PRIOR AGREEMENTS SUPERSEDED This Agreement, when effective, supersedes all previous agreements between the Member Cities hereto establishing a joint cable communications commission. IN WITNESS WHEREOF, the undersigned municipalities have caused this Agreement to be signed on their behalf. DATED: By: Its: Manager/Clerk CITY OF EDEN. PRAIRIE, MINNESOTA 8080 Mitchell Road Eden Prairie, MN 55344-4485 By: Its: Mayor 800934vdoc 17 ~~-i8' DATED: CITY OF EDINA, MINNESOTA 4801 West 50th Street Edina, MN 55424-1394 By: BY~ Its: Manager/Clerk Its: Mayor DATED: CITY OF HOPKINS, MINNESOTA 1014.1 st Street South __ _, _ Hopkins,. MN .55343-7573..._ By: BY~ Its: Manager/Clerk Its: Mayor DATED: CITY OF MINNETONKA, MINNESOTA 14600 Minnetonka Boulevard Minnetonka, MN 55345 Bv: Bv: Its: Manager/Clerk DATED: sv: Its: Manager/Clerk Its: Mayor CITY OF RICHFIELD, MINNESOTA 6700 Portland Avenue Richfield, MN 55423-2599 By: Its: Mayor 800934vdoc 18 ;~ >~ ~:~a_ AGENDA SECTION: CONSENT AGENDA ITEM # ~F REPORT # 231 STAFF REPORT CITY COUNCIL MEETING ' - NOVEMBER 14, 2006 .REPORT PREPARED BY: ROBERT HINrGEN, ASSISTANT UTILITIES SUPERINTENDENT NAME,' TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW:.. REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of extending the current two-year contract with Malecha Trucking for-Dime by- roduct dis osaf for the ear 2007 in the amount of $49,005. I. RECOMMENDED ACTION:. " By Motion: Approve the extension of the current two-year contract (#2678) with Malecha Trucking for lime by-product disposal, for the ear 2007 in the amount of $49,005. IL BACKGROUND As part. of the lime softening process a by-product is produced. This by-product is dewatered 'and dropped into trailers, :which haul it away for disposal. Each year roughly 4,500:cubic yards of lime by-product is produced. On November 23, 2004, Council awarded the two-year contract (#2678) to Malecha Trucking in the amount of .$98,010. A formal bid process. had been conducted: and Malecha Trucking was the low bidder.. Part oftheir contractincluded a clause stating he contract could be extended for one year at the same price upon mutual consent of both parties. Both parties are in agreement to this extension.. III. BASIS OF RECOMMENDATION 111406by-product contract r i r~ A. PoucY • City Council awarded Malecha Trucking the two-year contract on November 23, 2004 with the option of extending the contract for 'another year-.upon mutual. consent of both parties.' B. _ CRITICAL ISSUES • It is necessary to remove. and dispose the lime by-product from the dewatering presses. • Malecha Trucking -has honored all requirements of the existing two- year contract. C. FnvANCIaL • There are sufficient funds in the 2007 budget for the disposal of-the lime by-producf. • There is no increase in cost for the extended contract for 2007. D. LEGAL • . When the purchase of materials, merchandise, equipment or construction exceeds $25,000, authority to purchase shall be submitted to the City Council for consideration. • The City Attorney has been consulted on the aspects. of extending the - existing contract. IV. ALTERNATIVE RECOMMENDATION(S~ • Council may reject the contract extension but and direct staff to re-advertise: however, staff does not believe we can obtain a better price from another :contractor. V. ATTACHMENTS • None _ VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None • AGENDA SECTION: CONSENT AGENDA ITEM # REPORT # ~~ STAFF REPORT CITY COUNCIL MEETING NOVEMBER 14, 2006 REPORT PREPARED BY: COUNCIL PRESENTER: BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a request from the State of Minnesota to review the request for the renewal of a currency exchange license for Community Money Centers, Inc. d/b/a Money Centers, 6525 Nicollet Avenue South. RECOMMENDED ACTION: By Motion: Approve the request for the renewal of a currency exchange license for Community Money Centers, Inc. d/b/a Money Centers,- 6525 Nicollet Avenue II. BACKGROUND On October 3, 2006, the City received notification from the State of Minnesota, Department of Commerce, of a renewal application for a currency exchange license in the name of Community Money Centers, Inc., d/b/a Money Centers, 6525 Nicollet Avenue South. A11 of the information required by the State of Minnesota has been provided by Community Money Centers, Inc. d/b/a Money Centers. In addition, the background investigation conducted by the Bureau of Criminal Apprehension found no information on the applicant, Cary Geller. 1114 Money Centers Currency License Renewal Public Safety had 23 contacts with this address for the previous year. The contacts - included nine burglary alarms, ten check forgeries, one disturbance, one threat, one suspicious person, and one follow-up investigation. The applicant has complied with State Statute 53A.04 for a currency exchange License with the State of Minnesota. IIL BASIS OF RECOMMENDATION A. POLICY • A license for this type of business is not required in the City. However, effective on April 24, 1992, Minnesota Statute 53A.04 req:wires that the Department of Commerce submit any application for licensure as a currency exchange license to the governing body of the municipality in which the business proposes to conduct business. • This law also requires the governing municipality to render a decision regarding issuance or denial of the license within 60 days of the receipt of the State's notification. • The State requires that the applicant submit the following information when applying for this type of license:. • License fees in the amount of $50. • A current fee schedule used for cashing checks, money .orders, or traveler's checks. • A surety bond in the amount of $10,000. . • Any owner, partner, director, stockholder owning 10% or more of the corporate stock or any employee with the authority to exercise management or policy control over the company must submit to a background investigation by the Bureau of Criminal Apprehension. B. CRITICAL ISSUES • All requirements have been meta C. FINANCIAL • N/A D. LEGAL • N/A TERNATIVE KECOMMENDATION(S) ~ . Deny the request for the renewal of a currency exchange license for Community Money Centers, Inc., d/b/a Money Centers. However, the Public Safety Department has found no reason to deny the requested license. I V . ATTACHMENTS I CIPAL PARTIES EXPECTED AT MEETING None AGENDA SECTION: CONSENT . AGENDA ITEM # REPORT # REPORT PREPARED BY: COUNCIL PRESENTER: STAFF REPORT CITY COUNCIL MEETING NOVEMBER 14, 2006 DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of a request from the State of Minnesota to review the request for renewal of a currenc exchan a license for New Unbank Com an LLP, 6421 Penn Avenue South. I. RECOMMENDED ACTION: By Motion: Approve the request for the renewal of a currency exchange License for New Unbank Company, LLP, 6421 Penn Avenue South. II. BACKGROUND On October 5, 2006, the City received notification from the State of Minnesota, Department of Commerce, of a renewal application for a currency exchange license in the name of New Unbank Company LLP, 6421 Penn Avenue South. All of the information required by the State of Minnesota has been provided by New Unbank Company LLP. In addition, the background investigation conducted by the Bureau of Criminal Apprehension found no information on the applicants, Gary A. Dachis, Louis A Dachis, and Stuart D. Tapper. Public Safety had two contacts with this address for the previous year. The contacts included one drunkenness and one animal at large. 1114 New Unbank Company Currency License Renewal The applicant has complied with State Statute 53A.04 for a currency exchange license with the State of Minnesota. III. BASIS OF RECOMMENDATION A. POLICY • A license for this type of business is not required in the City. However, effective on April 24, 1992, Minnesota Statute 53A.04 requires that the Department of Commerce submit any application for licensure as a currency exchange license to the governing body of the municipality in which the business proposes to conduct business. • This law also requires the governing municipality to render a decision regarding issuance or denial of the license within 60 days of the receipt of the State's notification. • The State requires that the applicant submit the following information when applying for this type of license: - License fees in the amount of $500. - A current fee schedule used for cashing checks, money orders, or traveler's checks. - A surety bond in the amount of $10,000. - Any owner, partner, director, stockholder (owning 10% or more of the corporate stock) or any employee with the authority to exercise management or policy control over the company must submit to a background investigation by the Bureau of Criminal Apprehension. B. CRITICAL ISSUES • The City must reach a decision regarding issuance or denial of the license within the 60 da s noted above. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the request for the renewal of a currency exchange license for New Unbank Company, LLP. However, the Public Safety Department has found no reason to deny the requested license. V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: CONSENT AGENDA ITEM # I REPORT # ~- STAFF REPORT CITY COUNCIL MEETING NOVEMBER 14, 2006 REPORT PREPARED BY: COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: BETSY OSBORN ,ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of pawnbroker and secondhand goads dealer licenses for 2007 for Metro Pawn and Gun, Inc. and University Cash Company, LLC d/b/a Avi's Pawn and ,Jewel I. RECOMMENDED ACTION: By Motion: Approve a public hearing to be held December 12, 2006, for the renewal of pawnbroker and secondhand goods dealer licenses for 2007 for Metro Pawn and Gun,- Inc. and University Cash Company, LLC d/b/a Avi's Pawn and Jewelry. II. BACKGROUND The pawnbroker and secondhand goods dealer licenses will expire on January 1, 2007. Hearings must be scheduled and held before a renewal license may be considered. The renewal process has been initiated. Holding the public hearing on December 12, 2006 will provide ample time to complete the licensing process before January 1, 2007. 1114 Set PH for Pawnbroker and Secondhand Goods Licenses NAME, TITLE III. BASIS OF RECOMMENDATION A. POLICY • City ordinance provides that the City Council conduct a public hearing to consider all pawnbroker and secondhand goods dealer license renewals. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Schedule the hearing for another date; however, this may delay the licensing process. V. ATTACHMENTS • None VI. PRINCIPAL. PARTIES EXPECTED AT MEETING • None AGENDA SECTION: AGENDA ITEM # REPORT # ~~ STAFF REPORT CITY COUNCIL MEETING NOVEMBER 14, 2006 CONSENT REPORT PREPARED BY: COUNCIL PRESENTER: BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of on-sale wine and on-sale 3.2 percent malt liquor licenses for 2007 for restaurants. I. RECOMMENDED ACTION: By Motion: Approve a public hearing to be held December 12, 2006, for the renewal of on-sale wine and on-sale 3.2 percent malt liquor licenses for 2007 for: • Red Pepper Chinese Restaurant, • Thompson's Fireside Pizza, • Aribel's Restaurant, • Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill, and, • The Noodle Sho -Colorado,. Inc. d/b/a Noodles and Com an . II. BACKGROUND The on-sale wine and on-sale 3.2 percent malt liquor licenses for restaurant establishments will expire on January 1, 2007. Hearings must be scheduled and held before a renewal license may be considered. 1114 Set PH for Restaurants for Wine and Malt Liquor Licenses The renewal process. has been initiated. Holding the public hearing on December 12, 2006 will provide ample time to complete the licensing process before January 1, 2007. ~ III. BASIS OF RECOMMENDATION A. POLICY • City ordinance provides that the City Council conduct a public hearing to consider all on-sale wine and on-sale 3.2 percent malt liquor license renewals. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Schedule the hearing for another date; however, this may delay the licensing process. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: CONSENT AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING NOVEMBER 14, 2006 REPORT PREPARED BY: COUNCIL PRESENTER: BETSY OSBORN, ADMINISTRATNE SUPPORT SERVICES MANAGER Naas, Tires NaNrs, Tens DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: .ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of on-sale intoxicating and Sunday liquor licenses for 2007 for restaurants and settin date of ublic hearin . I. RECOMMENDED ACTION: By Motion: Approve a public hearing to be held December 12, 2006, for the renewal of on-sale intoxicating and Sunday liquor licenses for 2007for: • Khan's Mongolian Barbeque, • Minneapolis-Richfield American Legion Post 435, • Fred Babcock VFW Post No. 5555 d/b/a Four Nickels Food and Drink, • Don Pablo's Operating Corporation d/b/a Don Pablo's, • Champps Operating Corporation d/b/a Champps Sports Cafe, • Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar, • The Frenchmans, Taco Morelos, and, Jun Bo Chin se Restaurant. 1114 Set PH for Renewal of Restaurant On-Sale Intoxicating and Sunday Liquor Licenses II. BACKGROUND The on-sale liquor licenses for restaurant establishments will expire on January 1, 2007. Hearings must be scheduled and held before a renewal license may be considered. The renewal process has been initiated. Holding the public hearing on December 12, 2006 will provide ample time to complete the licensing process before January 1, 2007. III. BASIS OF RECOMMENDATION A. POLICY • City ordinance provides that the City Council conduct a public hearing to consider all liquor license renewals. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Schedule the hearing for another date; however, this may delay the licensing process. V. .ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: CONSENT AGENDA ITEM # L .REPORT # 23 7 -STAFF REPORT i CITY COUNCIL MEETING NOVEMBER 14, 2006 REPORT PREPARED BY: THOMAS FOLEY, TRANSPORTATION ENGINEER NaME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of approving an .amendment to the Consultant Agreement wi#h WSB and Associates, lnc. for the. desi n of a new. L ndale Avenue Brid eat I-494. I. RECOMMENDED ACTION: By.Motion: Approve theproposed amendment to he consultant agreement with WSB & Associates to complete the preliminary en ineerin work on the L ndale Avenue Brid a over 1-494. II. BACKGROUND On July 22, 2003 the Council approved a consultant agreement with WSB to design the: Lyndale Avenue Bridge. Delays in obtaining Minnesota Department of `Transportation {Mn/DOT). approval of a preliminary ayout are. detailed in an attached letter dated October 23,2006 from Anthony Heppelmann of WSB. Revisions to the budget to completethe bridge design:willonly shift$170,388.94. funds-from the final design to the preliminary design.. The total design budget will not change. - The issue of long-term access to 35W from Lyndale Avenue turned out to be a major obstacle in securing Mn/DOT layout approval To overcome this problem Mn/DOT and the City of Richfield have agreed that access to and. from the south on 1114 Consultant Agreement +. _: - _. -4' - ~ - -. 35W can. be provided at Lyndale Avenue but the actual design of this connection will be postponed to a later time. On October 24, ,2006 the. Richfield City: Council recommended a preliminary layout for the Lyndale Avenue Bridge that is flexible to accommodate several options that can provide access to 35W from Lyndale Avenue. It-is anticipated#hat Mn/DOT should approve this layout by January 2007. III. ..BASIS OF RECOMMENDATION. A. POLICY • :The 1997 Comprehensive-Plan.identified. the,Lyndale Avenue Bridge ' over 1-494 as in need of replacement for inadequate capacity. B. CRITICAL ISSUES • The consultant has nearly exhausted he budget to complete he preliminary design ofithe Lyndale Avenue Bridge. C. FINANCIAL - - • The total cost to complete the. design of the Lyndale Avenue Bridge will not change. The City is using 80n/o federal highway funds and 20% Municipal State Aid funds (gas tax revenues) to finance the .design work. D. LEGAL. • Council must approve changes in .excess of $25,000 in agreements. In this case no additions(funds are needed. IV. ALTERNATIVE RECOMMENDATION(S~ • Council may choose to requestadditional information on'this-request. However, City taff believes that the request is reasonable. V. ATTACHMENTS • Letter dated-October 23, 2006 from Anthony Heppelmann of WSB Associates. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. ~~-~ J Infrastructure ^ Engineering ^ P{anning ^ Constrwction 707 Xenia Avenue South ?~o~tes.7nc Suite #300 _ Minneapolis, MN 55416: .. - Tel: 763 541-4800 Fax: 763 541-1700 October 23, 2006 Mr: Tom Foley City of Richfield , 6700 Portland Avenue Richfield, Minnesota _ RE: Lyndale Avenue Extras Richfield, MN -Hennepin County Fed No. HPP-OM03-OM04 MN10(106) SP-157-363-21-Preliminary Engineering. ; WSB No. 132-00 Dsar Mr.. Foley: The purpose of this memorandum is to request authorization of additional funds to complete the preliminary design .for the; Lyndale Avenue Bridge improvements. In order to complete the preliminary design, it was necessary to reach agreement with MnDOT pn the long-term plan for the I-494 and I-35W interchange:.. The major issue to be resolved'was access between Lyndal.e Avenue and I-35W. The agreement between WSB & Associates, Inc: and the City,of Richfield assumed. that this issue would be resolved in 2004. It has taken approximately two additional years to work through the issues with '.;:~ MnDOT. and: reach agreement on how to proceed so this access may be provided. There was significant work beyond that included. in the contract to resolve this issue.' An agreement with MnDOT has been - reached; and it is now possible to. complete the remaining preliminary.desi~ work that was identified in Work Order #1. However, because the resolution of this issue required evaluating more alternatives; more traffic :analysis; more meetings; and more coordinatidri than was included in the original agreement, ..:additional funds are needed to complete the remaininng work in Work Order #1. ,, The. attached. spreadsheet is from the progress report forahe August 2006 time period. The spreadsheet shows the estimated amount that we are over or under the budget for each of the authorized tasks in Work `Order #i The estimated amount over or under budget is based on the amount actually spent eor~pared to the amount we estimated we would have spent without the extra work. (the original budget amount times .. the estimated percent complete). The. estimated percent complete reflects the work done relative to the `original cope and not the additional work that was completed. Thelasf column shows the estimated _budgef that is still. needed to complete the work task, It is based on. the original budget times the percent not yet complete: The primary tasks that we are overbudget on include the following: .Project Coordination -This task included coordination with the Project Team and: Technical Committee. It also included quality control and monitoring ofproject schedule and budget: Additional meetings were held with MnDOT, Richfield; and Bloomington staff to discuss alternatives, CORSIM modeling, and evaluation of alternatives. There was also additional time spent on quality control and' updating project schedules and budget estimates. Public Involvement -This task included public meetings, as well as meetings with the Richfield and Bloomington Traf&c Commissions; Planning Commissions and City Councils. Because more alternatives • had to be evaluated, more analysis, and more meetings were required with each of these groups to keep them informed of the project issues and get;input on the various alternatives that were being considered. This effort included both the Lyndale Avenue access issue as well,as the resolution of the 76~' StreetlI- 35W Interchange design. xwirz-oov~a~~noovrna~n~w,K~s~oz3oc.aoo ~~' ~' Mr. Tom Foley City of Richneld. October 23, 2006 Page.2 oft Staff Approved Layout -. This task included-.the development of layouts to address the access between Lyndale Avenue and I-35W, the 76~'' Street access to northbound I-35W; and the proposed tunnel under the Lyndale.Avenue Bridge: The scope indicated that up to three layouts would be'developed for the Lyndale'.and I-35W access issue. With all of.the variations, more than a'dozen alternatives were developed to address access between Lyndale. Avenue. and I-35W. This task. also included conducting CORSIM analysis of the' alternatives: The extent of the COR.SIIVI` analysis became very extensive in the number of alternatives to he evaluated,, t',i~ 1~-~-1'ts of the study area,-and the extend ofrhe aocumezitation ..required for.each analysis.. In addition, traffic forecasts were.developed for the Lyndale Avenue, 82~ .Street, Penri'Avenue, and 76~'/77~' Street ring roadaround the I=35W.and I-494 interchange to understand the implications of changes in access on the operations of this-Ring Road system. Interchange Modification .Report -This task includes the CORSIM analysis of the.. interim Lyndale Avenue Interchange improvements. ` Some analysis was completed as part of the work toresolve the long- term layout issues. This work will have to be updated to reflect changes requested bq MnDOT. Right of-Way Plan -The work authorized for this task included preparation of aright=of-way base map. The major change for this effort was at the Shops at Lyndale. It was assumed that the Shops.at Lyndale . tivas a platted,property. However, .this property was not platted and is sti11 made up of all the underlying parcels that existed prior .to the Shops at Lyndale being developed:: This created additional work in putting together the right-of-way,base map. Miscellaneous -Our estimate shows we are slightly under on base mapping and slightly over on ~relinzinai;~ bridge pans a:~d s•~-veying. These two pretty.much cancel each other out. The estimated amount of additional funds needed to complete the preliminary design work covered by Work-Order #l is $170,388:94. The total amount needed to complete the preliminary design phase is $182,4 T7:11 and includes the $12,028.17 remaining under LVork Order #1. At this point in. time, we are .not requesting an amendment to the Total contract amount of $1;871,554.02. The work required to complete the final design will be betterunderstood once the preliminary design.phase is complete. We would like to reevaluate the:budget at that point and. determine whether additional funds are required to complete the work in-the contract. Please feel free to call me at 763-287-7199 if you have any questions regarding this request. . Sincerely, - WSB & flssociates, Ins Anthony Heppelmann,.P.E: Enclosure _ - ~ T:101532-001Ad~riinlDoclLyndaimAverme Extras 10?3D6.doc . ~~,3 o ~n v N o ~o n v o o a o o h m o~ ~ N o o~ N - . y ~ N M. O n N W O O O M f0 .. ~ O W M M In M n O O ~ y .d. O ~ M ' CMD N p- r O ~ ~ V W N m T( S~ ~~ M M O ~ ~ Q M 7 p~ L V m ~ ° Q Q a c - .. 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RECOMMENDED ACTION: By Motion: Approve first reading. of an ordinance amending Transitory Ordinance No. 18.37 and schedule second- reading for November 28. 2006; Cedar Point Commons. II. BACKGROUND On June 27, 2006, the City Council approved Transitory Ordinance No. 18.37, which vacated certain streets within the proposed Cedar Point Commons development. The requirements of the ordinance have .been met for the vacation of the streets, and the City Clerk has prepared a Notice of Completion of Vacation. Proceedings, which has been recorded with -the Hennepin County Recorder's Office anal the Hennepin County Registrar of Titles Office. In order to have the vacated streets added to the certificates of title for the torrens properties, the law requires that either: (a) a court proceeding be -held; or (b) the. Examiner of Titles issue a directive for the Registrar to add -the land to the certificate of title. It is typical forthe Examiner to issue a directive. The Hennepin County Examiner of Titles has requested changes in the legal descriptions used for the street vacation. The changes are technical only and do not change the areas that were vacated by Transitory Ordinance No. 18.37. AGENDA SECTION: CONSENT AGENDA ITEM # 4M REPORT # 245 III. BASIS OF RECOMMENDATION A. POLICY • The proposed amendment is technical only and is intended to more clearly describe the street areas that were. vacated. B. CRITICAL ISSUES • The amendments have been requested by the Examiner of Titles and are necessary in order for the plat to be recorded in a timely fashion. IV. ALTERNATIVE RECOMMENDATION~S~ • None. V. ATTACHMENTS • Map showing area that was vacated. • Ordinance with revised legal descriptions will be provided at the meeting, after the Examiner's Office has approved the descriptions. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • A Ryan representative may attend. '~/ ~ I -' ' i Map of ~ Vacated Area ^ egend ..~ ^ Corridor Outlin ~ ~ ~ ted ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ~ ~ ^ _ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ r Created: November 9, 2006 0 85 170 340 510 680 Feet AGENDA SECTION: nTUFU RTTCrNFC~ AGENDA ITEM # ~ REPORT # ~$ ~~- STAFF REPORT CITY COUNCIL MEETING NOVEMBER 14, 2006 REPORT PREPARED BY: COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY 1~-~1 MANAGER: ~,~Q BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE '` ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for a new taxi license for Latino Express, LLC, 1304 E. Lake St., Minnea olis. I. RECOMMENDED ACTION: By Motion: Approve a request for a new taxi license for Latino Express:, LLC, 1304 E. Lake St., Minneapolis, and picking up fares in Richfield. II. BACKGROUND On September 29, 2006, the City received an application for a new taxi license for Latino Express,.LLC. The required fees have been paid. The applicant is co-owner of the business. At the present time, there will be four licensed vehicles. The Public Safety background investigation has been completed and reveals the following: 1114 Latino Express New Taxi License Sergio Gusman Perez, Amado Agustin Valerd Rodriguez, Roberto Pliego Galeana, Rey Manuel Gonzales, and Ramualdo Ramirez Ortiales are co-owners of the business. None of these individuals has any known criminal record. The certificate of liability insurance has been submitted showing American Country Insurance affording the coverage. At the present time, the number of vehicles that will be operating in .Richfield will not exceed four; however, there is a possibility new vehicles could be added. The drivers of the vehicles all have .current taxi driver licenses for the City of Richfield. The applicant has supplied the information regarding the make, body style and year of the vehicle to be operated by the applicant and agrees to supply this information for any added vehicles in the future, as well as pay additional fees for additional vehicles making pick-ups within the City of Richfield. III. BASIS OF .RECOMMENDATION A. POLICY • The applicant meets .the standards that are contained in the City's ordinance. B. CRITICAL ISSUES • Four vehicles are currently listed on the application to be licensed as a taxicab. Therefore, no additional vehicles will be allowed to pick up patrons in the City without first obtaining the appropriate license. Future vehicles could be added to the license, providing that the proper paperwork has been completed, fees paid, and proof of current liability insurance submitted. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the request for a new taxi company license for Latino Express, LLC. This would mean that the applicant could not pick up fares within the City of Richfield. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Sergio Gusman Perez, Owner/Operator AGENDA SECTION: PUBLIC HEARING AGENDA ITEM # REPORT # ~~' STAFF REPORT CITY COUNCIL MEETING NOVEMBER 14, 2006 REPORT PREPARED BY: COUNCIL, PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: NAME, TITLE SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding consideration of a resolution for continuation of the existing ground monument sign at 7444 Lyndale Avenue (Richfield Transmission) that does not conform to the Si n Ordinance. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the attached resolution for special Council approval of a ground .,monument sign located forward of the principal building setback at 7444 Lyndale Avenue (Richfield Transmission). II. BACKGROUND In the course of general file review, staff discovered that the ground monument sign located at Richfield Transmission, 7444 Lyndale Avenue, was constructed with staff approval, but without the required special approval of the City Council. While sign permit requests are normally approved administratively, the City Code requires that in the case of an application for a sign of unusual height or location, it shall be referred to the Council for approval. It is staff's belief that the omission of this step was an oversight and that in order to protect the business owner's interests, it is important to consider granting this approval now. MELISSA POEHLMAN, PLANNING & ZONING ADMINISTRATOR 1.11406 - 7444 Lyndale (Richfield Transmission) Sigri In 1996, Mr. Chuck Lowinske, owner of Richfield Transmission, requested and was granted an amendment to a conditional use permit for the construction. of a six bay automotive service bay. In addition, Mr. Lowinske was granted a variance from front and street side setbacks to allow the building to be positioned closer to both Lyndale Avenue and 75th Street. In November of 1997, Mr. Lowinske was issued a Boulevard Feature Permit by the Engineering Department to construct a 4' x 14' monument sign within the -City right-of-way. Subsequently, Mr. Lowinske-was issued a Sign Permit in December 1997. Mr. Lowinske went through a number of steps and approvals prior to the construction of both his building and sign.. It seems clear to staff that the omission of this additional approval was no fault of his and was an oversight. The approval of both a Boulevard Feature Permit and a Sign Permit make it clear that the existing sign poses no safety hazard and allows for business visibility where there are few other options. III. BASIS OF RECOMMENDATION ___ _ __ _ ___. _. __ A. POLICY " • .Existing sign is a ground sign. o -When located forward of the principal building setback line, ground signs in the C-2 District must maintain a minimum vertical clearance of 7 feet. • Section 416:03 Subd. 6. Special approval from Council. In the case of an application for a sign of unusual height, or location, the City Manager shall refer such sign to the Council for approval. No permit for any such sign, so referred, shall be issued without first obtaining the approval of the. Council. 8. CRITICAL ISSITES • The existing monument sign has been in place since 1997-98. • In 1997, the Engineering, Building Inspections and Planning & Zoning Departments approved the location of the existing monument sign. • The existing sign does not impair sight lines. C. FINANCIAL • N/A D. LEGAL • 60-DAY RULE: 60 day. clock `started' when complete application was received on October 12, 2006. A decision must be given to the applicant by December 19, 2006; OR the Council must notify the applicant that it is extending the deadline (up to a maximum of 60 additional days or 120 days total) for issuing a decision. • Notice of this public hearing has been provided in accordance with City and State regulations. 1 V : ALTERNATIVE KECOMMENDATION(S) ~ • None V. ATTACHMENTS • Resolution • Site Plan 1997 Boulevard Feature Permit 1997 Sign Permit 'AL PARTIES EXPECTED AT MEETING ~ • Mr. c;nucK Lowinske, owner ~., RESOLUTION NO. RESOLUTION FOR SPECIAL COUNCIL APPROVAL OF AGROUND MONUMENT SIGN LOCATED FORWARD OF THE PRINCIPAL BUILDING SETBACK AT 7444 LYNDALE AVENUE WHEREAS, application has been made to the City of Richfield which. requests special Council approval for a sign of unusual height on land generally located at 7444 Lyndale Avenue, legally described as: Lots 10 and 11 including adjacent part of street vacation, Block 10, Irwin Shores WHEREAS, the City has fully considered the request for approval of the existing sign; and WHEREAS the existing sign is reasonable and appropriate for this location and purpose; and WHEREAS the existing sign does not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements; and WHEREAS the use does not have undue adverse impacts on the public health, safety, or welfare. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. Special Council approval is granted for a ground monument sign to remain forward of the principal building setback, as described in City Council Staff Report No. , on the Subject Properties legally described above. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of November, 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk 111406 - 7444 Lyndale (Richfield Transmission) Sign ~~ W Z lL.t :, 91 ~ ~ Q Z. ~ ~_ N. - J ~ Q Q Z ~ ~ ~. -r i~u v z Q ~i ~~,~ :~ ~. x i N N s~~t~1s ! ~~d way ,89 °~~l a a ' a .~ n N ~~~° ~ ~ ~~ N~~ ~~~- z 0 ,~ O ~~ i~.,r ,~~ ! i1 v w ~u i i rn rn .-~ NN ' ~ ~ ~Q1 V ~ N A M E o' d z A O O O yr W w ~. H b ri: N .~ w U x n ~w~ ~ Z ~t O v1 `n ~ ~ 2 W ~ ~ o a a~ •a LSt a ~~ N W ~ ~ w ' ~, ; ~, MM ~,'~. W tr..U 3 ~ v ~ a a a ~? i!'1 ~7 (~j' Obi n r~ E W ~.. r~ ~ rY pa ~ a N E E _E i ~ ~ ~ d .~ b U ~ ~ ~ O w a w r°.~ a z ~ ~ ~: ~ ~ ttS CS .n O y~ ~~ +~ ~ ~ O ~ -~+ 5C W may. yQ IF O od vs ~~ A i/2 ~' 'Ct 'Ct a~ A ~ A ~ ~ D4 ~ ~ a ~ O c H O A p0 ~ ~ ~ LL _E R: a d' ~ Gr ~ W W ~ ~ w ~ r/2 ~ _z ''~ a a ~... w w ~+ E Z ~ o °; O a U O P4 .~ H ro `rl U ~-! a 0 0 z a A W z -ar H O a w 0 A fy 0 E z 0 E O O a 0 E w 0 W E 13 t~ 'e'3 w d A o b d d ~ ,t~~I! o ~ o w a b % ~° m b ~ d ~ O y ~ F ~ ~ a ~ o ~ ~~ ao d ~~ ~ ~ a mb ~ ~ '~ AQ ~~ ~' b m ~ o y ~~ o s a~ ~ m o~ ~~ cV m .~ ~ ~ ... o ~ m m .~ E+ ~ ~ 'd ~' m..o ~ c ate. .tea ~~ o~ o~ m a'~p ~, cn m cat ~ q m ~ , % 8 ~ ~ d ~ Cmi { .~ ~ C ~ ~ ~~ ~ ,~ ~ ~ ~ ~ o a .~ .~. ~ .'" ,~ a3 M ~ ~ ~ a° ° °i ~~' ~ V1 ~ V Y ~ °~ O m ~ ~ m °'~ v m , ~ o o. p v m G y q q ~ ~ V ~ O ~ yy ~ ~ 0 N ~. ~ 1 ~ ~ ~ W O ~ p~ t 'n ~iprt° c m ~ - VJ ~ 'd ~ ~ ~ { ,~ pti~ ~ ay s ~ J ~. ~ O ~ Fi ~ ld Rai ~M , ~f A~° ,~ .J ENGINEERING 6700 Portland Avenue South - Rick~field, Minnesota 55423-2599 City Manager Mayor Council James D. Prosser Martin Kirsch Don Priebe Michael Sandahl Susan Rosenberg Russ Susag zr~:~ ~ `~7- I 1 DEPARTMENT ~~~ CITY OF RICHFIELD ENGINEERING DIVISION BOULEVARD .FEATURE PERMIT DATE 11/ll/97 PERSON PLACING REQUEST Steve Jensen/Chuck Lowinske ADDRESS 7444 vnda 1 P Ava PHONE 866-0009 NATURE OF REQUEST Install 4-'x14' monument sign on block base closier to road to aro~ide somevisibility I, hereby, acknowledge that this information is correct and that I agree to conform to City of Richfield ordinances and State law regarding this installation an further agree to pay the permit fee of $ ~0O° and if at any time the .City of Richfield shall make any improvements in any part of the right-of-way which affects the feature, then .the owner of the feature agrees to alter, change, move, vacate or remove said feature to conform with such City improvements at the sole cost of the owner. Approval Denial Applicant ~~lu~.i< ~ce~,sRS<r~ Signed by SIGNED eor mson, gineering Supr. DATE /!1 ~~'197 The Urban Hometown Telephone (612) 861-9700 -Fax (612) 861-9749 A.-. G... ..+I ll.......4. ....:4.. C......1.,. ,.... AGENDA SECTION: PROP. ORDINANCE AGENDA ITEM # $ REPORT # ~~~ ' STAFF REPORT CITY COUNCIL MEETING NOVEMBER 14, 2006 REPORT PREPARED BY: PAM DMYTRENKO, ASSISTANT TO THE CITY MANAGER REPORT PRESENTER: NAME, E REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL. CONSIDERATION: Consideration of second reading of amendment to the City Administrative Code Chapter III, Subsection 310.33, Subdivision 9, describin terminal vacation. I. RECOMMENDED ACTION: By Motion: Approve the second reading of the proposed ordinance amendment to the City Administrative Code Chapter IN, Subsection .310.33, Subdivision 9, describin #erminal vacation. II. BACKGROUND Under current City Administrative Code Chapter III, .Subsection 310.33, Subd. 9, employees are paid accrued, unused vacation leave upon separation of employment, except employees who were separated prior to completing six months of employment with the City. The exception exists because, under Subsection 310.33, Subd.1, regular and full-time probationary employees are not allowed to use accrued vacation leave until after the successful completion of six months of employment. However, .recent case law (MN Gourt of Appeals, Lee vs. Fresenius Medical Care, Inc.) has rendered the withholding of accrued, unused vacation leave to be illegal. Because case law, supersedes City ordinance, it is necessary for the City to remove the exception in Subsection 310.33, Subd. 9. In addition, because the current Subdivision 9 title, "Terminal Vacation," is easily misconstrued, staff is proposing the title be amended to "Separation vacation pay." 1114Vacation In summary, the proposed ordinance changes to Section 310.33, Subdivision 9, Terminal vacation, are as follows: ' Subd. 9, Separation vacation pay. Accrued, but unused vacation will be paid upon separation from City service. III. BASIS OF RECOMMENDATION A. POLICY • The„ proposed modification to Subsection 310.33, Subd. 9, Terminal vacation., is necessary because the withholding of an employee's accrued, but unused vacation leave at the time of separation from employment is no longer legal, based on recent case law. Since case law supercedes City ordinance, the City must change its ordinance to be in compliance. B. CRITICAL ISSUES • The first reading of the proposed ordinance amendment was held at the regular City Council meeting of October 24, 2006 and the second reading was scheduled for November 14, 2006. C. FINANCIAL • By amending Subsection 310.33, Subd. 9, employees with less than six months of continuous service will be paid his/her accrued, unused vacation leave upon separation from City service. At this time, the maximum amount of vacation leave accrued by an employee during the first six months of employment is six days. D. LEGAL • In order to avoid any potential legal conflicts or complaints, it is important to make. this ordinance adjustment in a timely manner IV. ALTERNATIVE RECOMMENDATION~S~ • Do not approve the second reading of the ordinance amendment and take no further action. However, this puts the current City ordinance in direct conflict with current case law. . • Defer discussion to another date. However, it is important to act in a timely manner regarding this issue to ensure compliance with case law. V. ATTACHMENTS • City Administrative Code change VI. PRINCIPAL PARTIES EXPECTED AT MEETING . • None ~-( BILL NO. - AMENDMENT TO SECTION 310.33 OF THE ORDINANCE CODE OF THE ,CITY OFRICHFIELD THE CITY OF RICHFIELD DOES ORDAIN:. Section 1. Subsection .310:33, Subdivision 9 of the ordinance code of the City of Richfield entitled "Terminal vacation" is hereby amended: Subd. 9. .Separation vacation pay. Accrued, but unused vacation will be paid. upon separation from City service. Passed by the City Council of the City of Richfield, Minnesota this 14th day of November, 2006. Martin J. Kirsch; Mayor ATTEST: Nancy Gibbs, City Clerk .AGENDA SECTION: • AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING` NOVEMBER 14 2006 PR(1P, f1R11TNANCF. 9 241 L~ NAME, TITLE COUNCIL PRESENTER: REPORT PREPARED BY: KRISTIN ASxER, ASSISTANT CITY ENGINEER ITEM FOR.COUNCIL.CONSIDERATION: Second reading of the Connections and Discharges to the Stormwater System Ordinance. DEPARTMENT DIRECTOR REVIEW: SIGN REVIEWED BY CITY MANAGER: I. RECOMMENDED ACTION: . By Motion: • Approve. second reading of the attached ordinance relating to discharges and connections to the stormwater system. • A rove resolution for summa ublication of the ordinance. IL BACKGROUND The City's Stormwater Pollution Prevention Program (SWPPP) is prepared in -conformance with the National Pollutant Discharge Elimination System (NPDES) and is in compliance with the Clean Water-Act, Minnesota- Statutes. and Minnesota Rules. The SWPPP is used to identify Best Management Practices (BMPs) that will be undertaken to meef the requirements of the. regulatory agencies. These BMPs could be a combination of education, maintenance, control techniques, .system design and. engineering methods, and other uch provisions that are appropriate to meet the requirements of the NPDES permit. 1114Stormwater System Illicit discharge. is a fierm referring to illegal and harmful dumping, including unintentional runoff, into the city's storm sewer ystem (via catchbasins or direct connection) that could eventually cause qualitative harm to the water bodies downstream, To protect the quality of our lakes, rivers and public .:health a number ofi BMPs have. been. developed. to implement and enforce a program to detecf and eliminate illicit discharge into the city's storm sewer. system. One minimum measure into adopt an ordinance relating to discharges and connections to the stormwater system. The ordinance essentially holds. property owners and operators responsible for providing reasonable protection from accidental and/or intentional discharge of ..prohibited materials or other wastes into the municipal stormwater system.. III. BASIS OF RECOMMENDATION A. POLICY • The proposed Connections and- Discharges to he.Stormwater System ordinance is consistent with the City's Comprehensive Surface Water Management Plan.. B. CRITICALISSUES • Allowing hazardous materials to flow intothe storm sewer system - contributes to Minnesota's Impaired Waters. C. FINANCIAL __ • N/A D. LEGAL • The City Attorney has reviewed'the ordinance and will be available to answer questions. IV. ALTERNATIVE RECOMMENDATION(S~ • Council may decide. not to approve the second .reading, however, the City is required to adopt an ordinance relating to discharges and connections to the stormwater system prior to 2008. V. ATTACHMENTS • Proposed Connections and Discharges to the Stormwater System Ordinance • Summary Publication Resolution VL PRINCIPAL PARTIES EXPECTED AT MEETING • Nons anticipated. ~' ..CITY OF RICHFIELD ..ORDINANCE NO. AN :ORDINANCE RELATING TO DISCHARGES AND CONNECTIONS TO THE STORMWATER SYSTEM THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Chapter. VII of the Richfield. City ,Code is amended by adding the. following Section: Section 721 -Connections and Discharges to the Stormwater System. .721.1 Objectives. The objectives of Section 721 are to regulate the introduction of pollutants into the. stormwater system by any' person; to prohibit illicit- connections and discharges to the stormwater system; to .establish authority to carry out .all inspections, surveillance, and monitoring procedures .necessary- to ensure compliance with .this ordinance; and to establish enforcement mechanisms for violations of this Section. 721.2.. Definitions: Subdivision 1. For the purposes of this section, the following shalt mean: Subd. 2: "Authorized. Enforcement Officer" means-..the Public Works Director or the Public Works Director's designee,. who is authorized to enforce this section. Subd..: 3. "Best Management Practices (BMPs)" means schedules of activities, prohibitions of practices, general good, house keeping .practices; pollution prevention and .educational practices, maintenance: procedures, and other management practices to prevent or reduce the .discharge of pollutants directly or indirectly to stormwater; receiving waters,. or stormwater conveyance systems. BMPs also .include- treatment practices, operating procedures, and practices to control site runoff, spillage or"leaks; sludge or water disposal, or drainage from raw materials storage. Subd. 4. "Clean Water Act" means the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq:), and any "subsequent amendments thereto. ;Subd. 5. "Construction Activity" means activities subject to NPDES .Construction: Permits. Currently these .include construction `projects resulting in land disturbance of 1 acre or more: Such activities _include but are not limited to clearing and grubbing, grading, excavating, and demolition. Subd. 6. "Hazardous Materials" means `.any. material, including any substance, waste; or combination thereof, that, .because of _its quantity, concentration; or physical, chemical, or infectious characteristics. may cause, 1114Stormwater System ~' or significantly contributeto, a substantial present or potential .hazard to human health; afety, property, of the environment when improperly treated, stored, transported, disposed of, or otherwise.. managed. Subd. 7. "Illegal Discharge" means- any direct or indirect non-storm water discharge to the.. storm. drain system; except:. as exempted in subdivision 6 of this section. .Subd.. 8. An "illicit: connection" is defined as either of the following: a. any drain or conveyance, whether on the surface or subsurfiace, that allows an illegal discharge to enter the storm 'drain system including but not limited to any conveyances that allow any non- storm water. discharge ..including .sewage, process wastewater, .and wash water- to enter -. the -storm drain system and any connections to the storm drain system from indoor` drains and - sinks; regardless of whether said drain or connection had :been .'.previously allowed, permitted, or approved by the Authorized .Enforcement Officer; or b. any drain or' conveyance connected from a commercial ' or industrial land use to the storm drain. system that has not been documented in plans, maps, or equivalent recortls and approved by he Authorized Enforcement Officer. - Subd. 9: "Industrial Activity" means activities subject to NPDES ,Industrial Permifs as defined in 40-GFR; Section 1.22.26 (b)(14). Subd: 10. "MS4" meansthe municipal separate storm sewer system, Subd. 11. "National Pollutant. Discharge :Elimination System '(NPDES) Storm Water Discharge Permit" is a permif issued by the. Environmental Protection Agency (or by a State.-under authority delegated pursuant to 33 USC § 1342(b)) that authorizes :the discharge. of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. Subd. 12. "Non-Storm Water Discharge" is any discharge to the storm drain system that is not composed entirely of storm water. Subd. 13. "Person" is any individual, association, organization, partnership, firm; corporation or other entity recognized by law and acting as eitherthe owner oras the owner's agent. Subd. - 14. "Pollutant" is anything that causes or contributes to pollution. Pollutants may include; but are not Limited to: paints,.. varnishes, and solvents; oil and other automotive fluids,. non-hazardous liquid and. solid wastes and. yard wastes; refuse, rubbish; garbage, litter, or other. discarded. nor abandoned objects; ordinances; and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides; -and ~" ` fertilizers; -hazardous substances :and wastes; sewage, fecal- coliform and pathogens;... dissolved. and particulate metals; animal wastes, wastes and residues that result fromconstructing abuilding or tructure; and noxious or offensive matter of any kind. Subd. 15. "Premises" is any building, lot, parcel of land, or portion of land whether .improved or unimproved including- adjacent. sidewalks and ..parking strips. Subd. 16. "Storm Drainage System" is a publicly-owned .facility by which storm water is collected and/or conveyed, including buf not .limited to any roads with drainage systems, municipal streets, gutters,.curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, naturaa and human-made or altered drainage channels,: reservoirs, and other drainage structures. A storm drainage system can also be known as a storm water system. Subd.-17. "Storm :Water" is any surface flow; runoff, and drainage. consisting entirely -of water from any. form.. of natural precipitation, and. resulting from. such .precipitation. Subd. 18. "Stormwater Pollution Prevention Plan" is a :document that describes the Best Management Practices and activities to be implemented - . by aperson or business to identify sources of pollution or contamination at a -site and the actions to, eliminate or reduce pollutant discharges. to Stormwater, Stormwater Conveyance Systems, and/or:Receiving Waters to the Maximum Extent Practicable: Subd. 19. "V1/astewater" means any water or other liquid,. other than uncontaminated storm water, discharged from a facility. 721:3. Applicability. This section shall apply to all water .entering the storm drain system generated on'any developed and' undeveloped lands unless explicitly exempted by an Authorized Enforcement Officer. 721:4.-Responsibility for Administration. The Public Works Director or the Public Works Director's designee shall administer,:_ implement,. -.and enforce the provisions of this section. 721.5. Severability. The- provisions of this .section. area hereby declared to be severable. If any provision, clause, sentence, or paragraph. of this section or .the application thereof to any person,. establishment, or circumstances shall be head invalids. such invalidity.. shall .not affect.the other .provisions or application of .this section, 721.6. Ultimate Responsibility. The standards .set forth herein and promulgated pursuant to this section are minimum standards. Therefore this section does not,. intend or imply that compliance by any person will ensure that. there will be no contamination, pollution, nor unauthorized .discharge of pollutants. ~' :721.7. Discharge Prohibitions. Subdivision 1. Prohibition of Illegal Discharges. - a. No person shall discharge or cause to be discharged .into the municipal. storm -drain system or .watercourses any materials, . including but notelimited`topollutants or waters containing any .pollutants that cause or contribute to a violation of applicable water quality standards, otherthan storm water. b. The commencement, conduct or continuance of any illegal discharge to the storm drain system, is prohibited except as follows: The following _discharges are exempt from discharge prohibitions established by this section: water line flushing. or other. potable water sources, landscape irrigation or lawn watering, .diverted stream flows, rising ground water;. ground. water infiltration to storm drains, uncontaminated -pumped ground water, foundation or footing drains' (not including active groundwater dewatering systems),. crawl space pumps, air ' conditioning condensation, springs; non-commercial washing of vehicles; natural riparian .habitat or wet-land flows, swimming pools (if dechlorinated -typically less than one' PPM chlorine),. fire fighting activities, and any other water source not containing Pollutants. c. Discharges specified. in writing by the Authorized. Enforcement Officer as being necessary to protect public health and safety are allowed. d. ~ Dye testing is' an allowable discharge, but requires. a verbal notification to the Authorized Enforcement .Officer prior. to .the time of the test. e. The prohibition shall not apply to any non-storm water discharge permitted under an NPDES .permit, waiver, or waste discharge order issued to the discharger .and administered under the - authority of the- Federal :Environmental Protection Agency, the Minnesota `Pollution Control:Agency, or other agency, provided -that the discharger is in full compliance with all requirements of the permit, waiver;. or order and other. applicable .laws and regulations; and provided ;that written approval has been granted for any discharge to the. storm drain system... Subd. 2: Prohibition of Illicit Connections. a. The construction; -use, maintenance or continued existence of .illicit connections to the storm drain ystem is prohibited. s ~~S b. This. prohibition expressly includes, without 'limitation, illicit :connections made. in the past, regardless of whether the connection was .permissible under law or practices applicable or prevailing at the time of connection: c. A person is considered. to be in violation of this section if -the person connects a line conveying .wastewater to the MS4, or allows such a connection to continue.. 721.8. Suspension of MS4 Access. Subdivision 1. Suspension due to Illicit Discharges in Emergency Situations. .The Authorized Enforcement Officer may, withouf prior notice,. suspend MS4 discharge access to a person when such suspension is necessary. to stop an .actual or threatened discharge that presents or may present imminent .and .substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters. of the United States. If the violator fails to comply with a suspension .order. issued in an emergency, the Authorized Enforcement Officer may take such steps as deemed necessary to prevent or minimize damage to the MS4 or Waters of the-United States, or to .minimize danger to persons. Subd: 2. Suspension due to the Detection of 111icit Discharge. a. Any person' discharging: to the MS4 in violation of this section may have .their MS4. access terminated if such termination would abate or reduce an illicit discharge. The Authorized , Enforcement Officer- will notify a violator. of the proposed termination of its .MS4 access.. The; violator may petition the Authorized Enforcement Officer for a reconsideration and hearing. b. A person commits an offense if the person. reinstates MS4 access to premises terminated pursuant. to Section 721.8, without the prior approval of the Authorized Enforcement Officer: 721:9. -Industrial or Construction. Activity Discharges. Any. person subject to an industrial or construction activity NPDES .storm: water discharge permif shall comply with all provisions of such permit. Proof of `compliance with ..said permit may be required in a form acceptable to .the Authorized Enforcement .Officer prior to the allowing of discharges to the MS4. 721.10: Monitoring of Dischar es. Subdivision 1..Applicability. This subdivision applies to all facilities that have storm water. discharges associated with .industrial activity, including. construction activity. Subd. 2. Access to facilities. _ /C (/(f, a. The Authorized Enforcement Officer shall be permitted to enter and inspect facilities subject to regulation under this section as often as may be necessary to determine compliance with this section. If a discharger has security measures in force that require proper. identification. and. clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the Authorized Enforcement Officer. b. Facilityoperators shall allow the Authorized Enforcement Officer ready access to all .parts: of the premises for the`'purposes of inspection, sampling, examination and :copying: of .:records. that must be kept .under. the conditions of an NPDES permit to discharge storm water, and`the .performance of any additional duties as defined by state and federal law. c. The Authorized Enforcement Officer-shall have the right to set up on. any permitted facility such devices as are necessary in the opinion of the Authorized Enforcement Officer to .conduct monitoring and/or sampling of the facility's storm water discharge. d. The Authorized Enforcement Officer has the right to :require the discharger-to install monitoring equipment as necessary. The facility's sampling and monitoring equipment ; shall be maintained at all times in a safe and proper,operating condition by the discharger at its own expense. All devices used #o measure stormwater flow and quality shall be calibrated to ensure their accuracy.. ; e. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the. written or oral request - :not be replaced. of the Authorized: Enforcement OfFcer and shall The costs of clearing such access .shall be borne by .the operator. f. Unreasonable: delays in allowing the Authorized Enforcement Officer access to a permitted facility is 'a violation of a storm water discharge permit ,and of this section. A person who is the operator of a facility with a NPDES permit to discharge storm water associated with industrial activity commits an offense.. if he -person denies_ the Authorized Enforcement: Officer. reasonable access to the permitted facility for the purpose 'of_. _ conducting any activity authorized or required by this section. g. If the Authorized Enforcement Officer has been refused access'. to -any part of the premises from which "stormwater is discharged, and he or she is able 'to demonstrate probable cause to believe' that there may be'a violation: of this section, or that there is a need to inspect and/or sample as part of a routine ~~~ inspection and sampling program designed. to verify compliance with this section or- any order issued hereunder, or to protect the overall public health; safety, and welfare of the community, then the Authorized Enforcement Officer .:may seek issuance of a search warrant#rom any court of competent jurisdiction. 721..11. Requirement to Prevent Control and Reduce Storm Water Pollutants By the Use of Best Management Practices'. The Authorized Enforcement Officer. will adopt requirements identifying Best Management Practices for any activity;,operation, or facility that may cause or contribute to pollution or contamination of 'storm water, the storm- drain system, or waters of the: U.S. The owner or operator of a commercial or industrial establishment shall provide; at his or her own expense, reasonable protection from accidental discharge of prohibited materials oi- other wastes .into-the. municipal-storm drain. system or watercourses through he ease of these structural- and.: non-structural. BMPs. Further; any person. responsible for a property. or premise that is, or may be; the source of an illicit discharge; may be required to implement, at said person's expense, additional structural and non-structural. BMPs to prevent the further: discharge of pollutants. to the municipal separate storm. sewer .system. Compliance with all terms and conditions'of a valid NPDES permit authorizing the discharge of storm .water associated with. industrial activity, to the extent practicable, shall be deemed. compliance with the provisions of 721.11. These,BMPs are listed in the stormwater .pollution prevention plan (SWPPP) and the Minnesota Pollution Control Agency's current BMPs, and are necessary fore. compliance with .requirements of the NPDES permit and Appendix J of the;. .City's-.Comprehensive Water Resource Management Plan... 721.12. Watercourse Protection; Every. person owning. property through which a watercourse passes, or such person's lessee, .shall keep and-maintain that part of'the watercourse within-the property free of trash, debris,. excessive vegetation, and other obstacles than would pollute, contaminate, or significantly impact the flow of water through .the watercourse. In addition, the owner or .lessee shall ..maintain existing privately owned structures within or adjacent fo a watercourse; so that such structures will not become a hazard to the use; function, or physical integrity _ of the-watercourse. 721.13. Notification of Spills. a. Notwithstanding other requirements of law, as soon as any. person responsible fora .facility or operation, or responsible for emergency response for a facility or operation -has information of any- .known or suspected release of rrraterials that are- resulting or may result in illegal discharges or pollutants discharging -into storm water, the storm drain system, or water of the U.S. said. person shall take all necessary steps to ensure the. discovery, containment, and. cleanupof such release. . _ ~Q l o b. In the- event ofi such a release of hazardous .materials .said person shall .immediately notify .the Public Works Director. and. - other emergency response: agencies of .the occurrence via emergency. dispatch services c. In the event of _a release of non-hazardous. materials, said .person shall notify the Authorized Enforcement Officer in person or by phone or facsimile no` ater than:- the next business .day.: Notifications in person or by phone shall be confirmed by written notice:. addressed and.. mailed to the Authorized Enforcement Officer within three business days of-the phone notice. d. 1f the discharge. of prohibited materials emanates from a commercial or industrial establishment or vehicle,- the owner. or operator of such. establishment shall also retain an on-site ..written record of the :discharge and. the. actions taken to prevent its. recurrence. Such records shall be retained for ai:,least three years. 721.14. Enforcement. Subdivision 1. Notice of Violation. Whenever the Authorized Enforcement Officer finds that .a person has violated a prohibition or failed. to meet a requirement of this section, the: Authorized Enforcement OfFicer may order. ..compliance:.. by ,written notice of violation to the responsible person. Such notice may require without limitation: (1) the performance of monitoring, analyses, and reporting; (2) the elimination of illicit connection or discharges, (3) that violating discharges, practices, or operations shall cease, and desist; (4) the abatement or remediation_ of storm water pollution' or contamination hazards and the restoration of .any affected property; and (5) the implementation of source control or treatment BMPs. Subd. 2. Notice when Abatement Required. If abatement of a violation and/or restoration of affected property is required, the notice. shall set a .deadline within which such remediation or restoration. must. be completed. Said- notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the, work- wilt be done by a designated .governmental agency- or a contractor and the expense thereof shall be charged to the violator. 721.15. Appeal of Notice of Violation. Any person receiving a Notice of - Violation may appeal the determination of the Authorized Enforcement Officer: The notice of appeal must be received within ten days from the date of the Notice of Violation.. Hearing. on the appeal before the City Council shall take place within thirty (30) days from the date of :receipt of the notice of appeal. The decision of the Gity Council shall be final. 721.16. Enforcement Measures After Appeal If the violation has not been corrected' pursuant to -.the requirements set forth in the. Notice ` of Violation, or, in the event of an; appeal; within .ten days of the decision of the municipal authority upholding the decision of the .Authorized Enforcement lI~ / Officer, then representatives of the Authorized .Enforcement Officer may- enter upon .the subject private property. and. are authorized to take any and all measures necessary to abate-the violation-and/or restore the :property. It shall be unlawful for any person, owner; agent or person in possession of any premises to refuse to allow. the: government agency or designated contractor to eater upon the premises for the purposes set forth above.. 721.17. Cost of Abatement of the Violation. Within thirty (30) days. after abatement of the violation, the owner of` the property will be notified of the. cost of abatement; including administrative costs. The property owner may. file. a written protest objec#ing to the' amount- of the assessment within ten days.- If the amount due is not paid-within atimely-manner as determined by the decision of the municipal authority or by the expiration of the time. in -which to file, an ..appeal, .the, charges shall become a special assessment againsf the property, and.. shall constitute a Tien on the property for the amount of the assessment. Any person violating any of the provisions of this section shall become liable to.the City f,y reason of such violation. .721.18. Injunctive Relief. It hall be unlawful for any person to'violate - any provision or fail to comply with any of the requirements ,of this section: If a person has violated or `continues to violate the provisions ofthis section, a -the Authorized Enforcement Officer may .petition:..: fora preliminary or permanent injunction restraining the person from activities that would create fiurther violations or compelling the person _ o perform abatement or remediation of the-violation. 721.19. Violations Deemed a Public Nuisance: In addition: to the enforcement processes .and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this section is a threat to public health, safety,.. and welfare, and is declared and deemed a nuisance, and ...may be summarily: abated or restored at :the .violator's expense, and/or a civil .action to abate; enjoin, or otherwise .compel:.-ahe cessation of such nuisance:-.may betaken. 721.20. Criminal Prosecution. Any.. person that has violated or continues to violate this section shall be liable to criminal prosecution ao the fiullesf extent. of he law,- and shall. be subject to a criminalpenalty as a misdemeanor.. 721:21. Remedies Not Exclusive. The remedies listed in this section -are -not exclusive of any .other remedies 'available under any applicable federal; state or local law and it is within the discretion of the-.Authorized Enforcement Officer to seek cumulative remedies.. • .Section 2. This ordinance is effecfive in accordance with. section 3.09 of the Richfield City Charter. ~~f( RESOLUTION NO. _ RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE WHICH PERTAINS TO DISCHARGES AND CONNECTIONS TO THE STORMWATER SYSTEM WHEREAS, the City has adopted the above referenced ordinance to 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. 2006 - AN ORDINANCE RELATING TO DISCHARGES AND CONNECTIONS.. TO THE STORMWATER SYSTEM This summary of the ordinance is published pursuant to Section 3.12. of the Richfield City .Charter. The purpose of this ordinance is to protect the quality of our lakes, rivers and public health by essentially holding property owners and operators responsible for providing reasonable protection from accidental and/or intentional discharge of prohibited materials or other wastes into the municipal stormwater system.. Copies of the ordinance are available for public inspection in the Public. Works Department during normal business hours or upon request by calling Assistant City Engineer Kristin Asher (612-861-9795) Adopted by the City Council of the City of Richfield, Minnesota this 14th day of November 2006. ATTEST: Martin J. Kirsch, Mayor Nancy Gibbs, City Clerk THOMAS FOLEY, TRANSPORTATION REPORT PREPARED BIB: ENGINEER NAME, TITLE _ COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER. ITEM FOR COUNCIL CONSIDERATION: Consideration of the removal of the mid-block crosswalk on Lake -Shore Drive.. I. RECOMMENDED ACTION: By Motion: Approve the removal of the mid-block crosswalk located' on the west: half of Lake Shore Drive. II. BACKGROUND The Richfield City Council adopted a policy in June 2006 for marked pedestrian crosswalks. The policy includes City Council having final approval,forthe removal of any mid-block crosswalks and providing an opportunity fo:rthe community to provide input ort the proposed removal City staff notified the Lake Shore Drive Condominiums, the residents most affected by a proposal to remove the crosswalk on Lake Shore Drive:.Their response and a map of Lake Shore Drive crosswalks are attached. The Transportation Commission has . recommended removal of the crosswalk to the City Council,. based on the following reasons: • Anew crosswalk has been installed with a raised median to the east of the crosswalk.:proposed to be removed.' This new crosswalk has a pedestrian- 11 ~ 4 Crosswalk Removal signal flasher and funnels traffic from City Bella,. Gramercy Park Cooperative and Lake Shore .Drive. Condominiums to the Wood Lake Nature Center. • The two mid-block crosswalks. on Lake Shore Drive are closely spaced, only 340 feet apart. • For safety the City should .limit the number of crosswalks and concentrate pedestrians in the crosswalks that remain. City: staff will perform mill and overlay of Lake Shore Drive in .the summer 2007. If removal of the crosswalk is approved, fihe crosswalk pavement markings can easilybe removed in 2007 with the-mill and overlay project, III. BASIS OF RECOMMENDATION A. POLICY • City. Council approved a policy for crosswalks including having final approva{ on the removal of mid-block crosswalks. B. CRITICAL ISSUES • The Lake Shore Drive Condominiums were given an opportunity to comment on the .proposed removal of the crosswalk. C. FINANCIAL . None. The crosswalk can be removed in 2007 as part of a mill and overlay project proposed- for Lake Shore- Drive. D. LEGAL • Cities have the legal authority to establish traffic control policies on city streets. The proposal is :consistent with city policy. IV. ALTERNATIVE RECOMMENDATION(S~ • Reject removing the mid-block crosswalk. However, a new mid-block crosswalk with raised median and signal flashers is available 340. feet to the. east. V ATTACHMENTS • Letter dated August 23, 2006-from the: Lake Shore Drive Condominiums. • Map showing the location of the. mid-blockcrosswalks on Lake Shore Drive. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None Anticipated. ~a'~ :, - Lake Shore Drive CONDOMINIUMS <~,. August 23, 2006 Mr. Thomas.Foley, Transportation Public Works Department 6700 Portland A.ve Richfield MN 55423 Dear Tom: The Board of Directors polled its membership concerning removal of the crosswalk at the end of sidewalk leading to Lake Shore Drive.. There was no opposition to the removal. The Board will:. nod be groviding der cc~~.ment at public meetings where this issue will be discussed. The newly constrocred crosswalk provides a safer crossing, for pedestrians. However,: the Board did: appreciate you giving them the chance to discuss the issue. Thank you for gramt~ng the Sociation a chce to give ir~gut_ Best Regards, t ~~'~ f , gg~~ ~ X / [/dry p E~lflce ~. F~.n~e~p aT}Iag~T' 1#orthe Board ofl~irectors -6615 LAKE SHORE DRIVE • RICHFIELD, MINNESOTA 55423 • (612) 861-7595 Q m 0 z mo ~Yndale Avenue ^z „~ ~' n ~ o cQ ~, r ~ t~ ~ ~ _ r~ ~_ N_ Q ~/'~ ~--h "[ r cQ~ r+ ~, ~ ~ ~. (D'~ -v 0 -~ 0 r~ n 0 a~ r~ O r r~ O "T C• AGENDA SECTION: OTHER BUSINESS AGENDA ITEM # 11 REPORT # Z ~F 3 STAFF `REPORT CITY .COUNCIL MEETING NovEMBER 14, 2006 REPORT PREPARED BY: THOMAS FOLEY, TRANSPORTATION ENGINEER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of feasibility report on the improvements at 66th Street and Richfield Parkway and resolution to set the date for the ublic hearin . L RECOMMENDED ACTION: By Motion: • Accept he attached feasibility report on the Proposed Improvements at 66th Street and Richfield Parkway. • Approve. the attached resolution setting the date of December 12, 2005 as the .public .hearing on Proposed Improvements at .66th Street and Richfield Parkwa . II: BACKGROUND . On November 22, 2005 Council called for a feasibility .report for proposed improvements at 66th Street and 17th Avenue (now known as Richfield Parkway.).. ..Special assessment bonds are proposed to finance the improvements. The feasibility report has been prepared (see attached..) The report shows that the proposed improvements are, reasonable and feasible. Therefore, Council can hold a public hearing on the proposed special assessment. 1114Feasibility Report Ryan Companies, the developer of the Cedar Point Redevelopment Project, has already agreed to be assessed for 20% of the cost of the special assessment bond, - at $850,000.. The balance of the debt service. for the bonds will be paid from general tax revenues. The process needs to be completed soon -so that funding is in place in a timely manner to meet the development schedu{e for the Cedar Point Project. Road construction is scheduled to begin in April 2007. III. BASIS OF RECOMMENDATION A. POLICY • The proposed .improvements at 66th Street and Richfield Parkway are -- consistent with the Cedar Avenue Corridor Redevelopment Master .Plan. B. CRITICALISSUES • The special assessment bonds need to be issued to finance the purchase of -right of way needed for the new intersection and for the construction of the new roundabout. C. FINANCIAL • The project will cost $4.74 million and will need up to $4.25 million in special assessment bonds including 20% from the developer of Cedar Point Commons. Additional funding of the project will come from the Metropolitan Airports Commission and the City's Municipal State Aid Street funds (gas tax revenues.) D. LEGAL • The City Attorney has been consulted in preparing this report. IV. ALTERNATIVE RECOMMENDATION(S~ • Council may choose to select a different date to hold the public hearing. V. ATTACHMENTS • Feasibility Report for Proposed Improvements at 66th Street and Richfield Parkway. • Resolution setting the date for a public hearing on the .proposed improvement at 66th Street and Richfield Parkway. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. RESOLUTION NO. RESOLUTION AUTHORIZING SETTING A PUBLIC HEARING ON PROPOSED IMPROVEMENTS AT 66TH- STREET AND RICHFIELD PARKWAY WHEREAS, pursuant to resolution of-the council- adopted November 22, 2005, a report has been. prepared by WSB & Associates with reference to the improvement of 66th Street and Richfield Parkway by constructing a new roundabout and this. report was received by the Council on November 14, 2006; and WHEREAS, the report provides information regarding whether the proposed` project is necessary, cost effective, and feasible. _ _ __ NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. Consider the improvement of .such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the .improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $4,250,000. 2. A public hearing shall be held on such proposed improvement on the 12th day of December, 2006, in the Council Chambers of the City Hall at 6:30 p.m. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of November, 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk • REPORT PREPARED BY: KRISTIN ASHER, ASSISTANT CITY. ENGINEER NAME, TI7ZE COUNCIL PRESENTER: DEPARTMENT DIRECTOR ~~' REVIEW: REVIEWED BY CITY ..MANAGER: ITEM-FOR COUNCIL CONSIDERATION:. Consideration of a stormwater Agreement with Ryan Companies to address the stormwater treatment of the Cedar Point Redevelo merit site. L RECOMMENDED ACTION.: By Motion: Authorize the Mayor and City Manager to execute the proposed stormwater Agreement between the City of Richfield and Ryan Companies for the purpose of stormwater treatment of the Cedar Point Redevelo merit. II. BACKGROUND Staff has worked with Mn/DOT and Ryan. Companies to reach an agreement on how to best-handlethe stormwater requirements associated with the .Ryan Development and the surrounding area, including futureTH 77 expansionand redevelopment south of 66th Street in Richfield. Ln the best interest of all three parties, a regional pond is being constructed by Ryan Companies on Mn/DOT right • of way and will be .maintained by the City of Richfield. III. BASIS OF RECOMMENDATION 1114CedarPond' e A. POLICY • Regional ponding of stormwater runoff is consistent with .Richfield's Comprehensive Surface Water.Management Plan. B. CRITICAL ISSUES • None C. FINANCIAL • No funds are associated with this .agreement.. The City has .already .committed to the`fong-term maintenance the pond through an agreement with Mn/DOT. Maintenance costs will be paid for with the Stormwater Utility Fund. D. LEGAL • The City Attorney has reviewed the: agreements and will be available at the Councilmeeting to answerany questions. IV. ALTERNATIVE REGOMMENDATION(S~ • Do not authorize the execution of the agreement. V. ATTACHMENTS • • Proposed Stormwater Agreement VI. PRINCIPAL PARTIES EXPECTED AT MEETING None. i,~-i STORM WATER AGREEMENT THIS STORM WATER AGREEMENT (this "Agreement") is made as of November _, 2006, by and between RYAN COMPANIES US, INC., a Minnesota corporation ("Ryan"), and CITY OF RICHFIELD, a Minnesota municipal corporation ("City"). RECITALS A. Ryan is the fee owner of certain real estate located in the City of Richfield, legally described as Lots 1 through 8, Block 1, and Lots l through _, Block 2, Cedar Point Commons, Hennepin County, Minnesota (the "Property"). B. City has approved a planned unit development project known as Cedar Point Commons (the "Project"} for the Property, which included without limitation approval of Planned Unit Development rezoning pursuant to an Ordinance (Bill No. 2006-9), a final development plan and conditional use permit pursuant to Resolution No. 9772, 'and the plans and specifications described on Exhibit A attached hereto (the "Approved Plans"), all of which are on file in the City offices. C. If developed pursuant to the Approved Plans, the Property is estimated to generate cubic feet of storm water runoff from the Property (the "Estimated Runoff"). D. As part of .said approval process and in lieu of constructing on-site ponding to accommodate the Estimated Runoff, Ryan has agreed to construct. on behalf of City a regional public storm water pond and [describe other work] for the drainage, management, disposal and storage of the storm water from the Property and the surrounding area (the "Regional Pond") on certain land designated by the City and shown on the Approved Plans. The Regional Pond shall be part of the City's comprehensive storm water management system (the "System"). E. In consideration of Ryan constructing the Regional Pond, City has agreed that neither Ryan and its successors and assigns nor any Owner (as hereinafter defined) will have any obligation to construct on-site or other storm water pond(s) or storage facilities or storm water improvements on or for the Property or to pay for any improvements or modifications to the System, which improvements or modifications are not needed for the Property because the storm water runoff from the Property does not exceed one hundred ten percent (110%) of the Estimated Runoff (the "Approved Runoff'). ~a- ~ F. As used in this Agreement, the term "Owner" means any person or entity that owns fee title to all or any portion of the Property from and after the date of this Agreement; provided, however, that the ground lessee shall be deemed to be the Owner of any portion of the Property that is subject to a ground lease. NOW THEREFORE, in consideration of the mutual covenants of the parties contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Ryan hereby agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Storm Water Ponding_ for Approved Runoff. Upon Ryan's completion of construction of the Regional Pond in substantial accordance with the Approved Plans, the City agrees that Ryan shall have fulfilled all applicable requirements for. the provision of storm water ponding, storage and management to accommodate the Approved Runoff from the Property. ~T * '*~ * a' ~~ ~~=~ *^ *~° c,,..~r ::;~ -:ems°rNeither Ryan and its successors and assigns nor any Owner shall have any obligation to construct or pay for the construction of-{~--airy 9 ~ ' any improvements for the drainage, management, disposal and/or storage of Approved Runoff from the. Property. To the extent that the City makes any future changes in the Regional Pond or the System, neither Ryan and its successors and assigns nor any Owner shall have any obligation to pay for such changes except as provided in Section 4 below. 3. Limitation. Nothing in this Agreement is intended to relieve any Owner from -any obligation to pay storm water utility fees for-its portion of the Property or to comply with federal, state and local environmental laws, statutes, regulations or ordinances of general application, including without limitation the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. § 9601-9657, as amended, the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et se ., and the Minnesota Environmental Response and Liability Act, Minn. Stat. ch. 115B. 4. Owners' Responsibilities. Subject to Section 5 below and to the following sentences of this Section 4, this Agreement shall not relieve Ryan and its successors and assigns or any Owner from the obligation to comply with applicable requirements to construct or to otherwise pay for storm water storage facilities +'~~+''°~°~+ +''° D"^-'°~`~~ to the extent that: (i) the Property is redeveloped in a manner that is ~~~-different from that shown on the Approved Plans and such redevelopment causes the storm water runoff from the Property, as measured pursuant to the same standards as were used to determine the Estimated Runoff .and as reasonably estimated and agreed to by the City Engineer and a qualified engineer selected by such Owner, to exceed the Approved Runoff or (ii) such facilities are required by changes ~emandated by federal or state laws and regulations of general application to development in the City and otherwise enforceable against the Property, the effect of which is to increase the re uc~ fired amount of storm water storage capacity or storm water treatment facilities for the storm water runoff generated by the Property (clauses (i) and (ii) are collectively referred to as the "Increased Requirement"). If an Increased Requirement exists, then the. City may require that the Owners pay for their fair and equitable share of the costs incurred by City to modify the storm water 2 /~ 3 management for the Property, but only to the extent such modification a~~°°*'~~ ''°^°~*~ +~,° ur^~°~*~~ °^a ~~ ^°^°~ ~•~ ^Mis required to satisfy the Increased Requirement. If the Owners are obligated to pay such share, the share shall be allocated among the Owners in a fair and equitable manner and shall be set forth in a declaration among the Owners that shall be recorded against the Property. 5. On-Site Storm Water Ponds. Notwithstanding anything in this Agreement to the contrary, neither Ryan and its successors and assigns nor any Owner shall have any obligation, now or in the future, to construct, provide or maintain, and City shall not require, any storm water pond or storage facilities on the Property. 6. Replacement Wetlands. City acknowledges and agrees that all wetland replacement requirements related to the Regional Pond, the Project and the Property have been satisfied by the purchase and delivery by Ryan of banked wetland credits. 7. Successors and Assigns. The terms and conditions of this Agreement shall run with the land and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, personal representatives, successors and assigns. 8. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and together which shall. constitute one and the same Agreement. 9. Headings. The, paragraph and section headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement, and are not to be considered in interpreting this Agreement. IN WITNESS WHEREOF, Ryan and City have caused this Agreement to be executed as of the day and year first stated above. RYAN COMPANIES US, INC. By: _ Its: CITY OF RICHFIELD By: Its: By: Its: 3 ~~- z~ STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2006, by ,the of Ryan Companies US, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public My commission expires: STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2006, by and ,the and ,respectively, of the City of Richfield, a Minnesota municipal corporation, on behalf of the corporation. Notary Public My commission expires: This instrument was drafted by: Fredrikson & Byron, P.A. (MJS) 200 South Sixth Street, Suite 4000 Minneapolis, MN 55402 (612) 492-7000 4100822_6.DOC 11/07/2006 4 ~~' EXHIBIT A TO STORM WATER AGREEMENT Approved Plans Final Development Plan & Conditional Use Permit for Planned Unit Development (PUD) for Cedar. Point Commons Richfield, Minnesota, Project 2005744M (36 total pages), prepared by RLK Incorporated, submitted to City on June 1, 2006, and approved by City Council on June 13, 2006. l~-~ STORM WATER AGREEMENT __ _ __ _ __ THIS STORM WATER AGREEMENT . (this "Agreement") is made as of November ~ 2006, by and between RYAN COMPANIES US, INC:, a Minnesota corporation ("Ryan"), and CITY OF RICHFIELD, a Minnesota municipal corporation ("City"). RECITALS A. Ryan is the fee owner of certain real estate located in the City of Richfield, legally described as Lots 1 through 8, Block 1, and Lots 1 through _, Block 2, Cedar Point Commons, Hennepin County, Minnesota (the "Property"). B. City has approved a planned unit development project known as Cedar Point Commons (the "Project") for the Property, which included without limitation approval of Planned Unit Development rezoning pursuant to an _ Ordinance (Bill No. 2006-9), a final development plan and conditional use permit pursuant to Resolution No. 9772, and the plans and specifications described on Exhibit A attached hereto (the "Approved Plans"), all of which are on file in the City offices. C. If developed pursuant to the Approved Plans,. the Property is estimated to generate cubic feet of storm water runoff from the Property (the "Estimated Runoff'). D. As part of said approval process and in lieu of constructing on-site ponding to accommodate the Estimated Runoff, Ryan has agreed to .construct on behalf of City a regional public storm water pond and [describe other work] for the drainage, management, disposal and storage of the storm water from the Property and the surrounding area (the "Regional Pond") on certain land designated by the City and shown on the Approved Plans. The Regional Pond shall be part of the City's comprehensive storm water management system (the "System"). E. - In consideration of Ryan constructing the Regional Pond, City has agreed that neither Ryan and its successors and assigns nor any Owner (as hereinafter defined) will have any obligation to construct on-site or other storm water pond(s) or storage facilities or storm water improvements on or for the Property or to pay for any improvements or modifications to the System, which improvements or modifications are not needed for the Property because the storm water runoff from the Property does not exceed one hundred ten percent (110%) of the Estimated Runoff (the "Approved Runoff'). i~- ~ F. As used in this Agreement, the term "Owner" means any person or entity that owns fee title to all or any portion of the Property from and after the date of this Agreement; provided, however, that the ground Lessee shall be deemed to be the Owner of any portion of the Property that is subject to a ground lease. NOW THEREFORE, in consideration of the mutual covenants of the parties contained herein, and for other good and valuable consideration, -the receipt and sufficiency of which is hereby acknowledged, City and Ryan hereby agree as follows: L Recitals. The above recitals are true and correct .and are .incorporated herein. 2. Storm Water Ponding for Approved Runoff. Upon Ryan's completion of construction of the Regional Pond in substantial accordance with the Approved Plans, the City ___ __ agrees that Ryan shall have fulfilled all applicable requirements for the provision of storm water ponding, storage and management to accommodate the Approved Runoff from the Properly. Neither Ryan and its successors and assigns nor any Owner shall have any obligation to construct or pay for the construction of any improvements for the drainage, management, disposal and/or storage of Approved Runoff from the Property. To the extent that the City makes any future changes in the Regional Pond or the System, neither Ryan and its successors and assigns nor any Owner shall have any obligation to pay for such changes except as provided in Section 4 below. 3. Limitation. Nothing in this Agreement is intended to relieve any Owner from any obligation to pay storm water utility fees for its portion of the Property or to comply with federal, state and local .environmental laws; statutes, regulations or ordinances of general application, including without limitation the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. § 9601-9657, as amended, the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et se ., and the Minnesota Environmental Response and Liability Act, Minn.. Stat. ch. 115B. 4. Owners' Responsibilities. Subject to Section 5 below and to the following sentences of this Section 4, this Agreement shall not relieve Ryan and its successors and assigns or any Owner from the obligation to comply with applicable requirements to construct or to otherwise pay for storm water storage facilities to the extent that: (i) the Property is redeveloped in a manner that is different from that shown on the Approved Plans and such redevelopment causes the storm water runoff from the Property, as measured pursuant to the same standards as were used to determine the Estimated Runoff and as reasonably estimated and agreed to by the City Engineer and a qualified engineer selected by such Owner, to exceed the .Approved Runoff or (ii) such facilities are required by changes mandated by federal or state laws and regulations of general application to development in the City and otherwise enforceable against the Property, the effect of which is to increase the required amount of storm water storage capacity or storm water treatment facilities for the storm water runoff generated by the Property (clauses (i) and (ii) are collectively referred to as the "Increased Requirement"). If an Increased Requirement exists, then the City may require that the Owners pay for their fair and equitable share of the costs incurred by City to modify the storm water management for the Property, but only to the extent such modification is required to satisfy the Increased Requirement. If the Owners are 2 ~a -g obligated to pay such share, the share shall be allocated among the Owners in a fair'and equitable manner and shall be set forth in a declaration-among the Owners that shall be recorded against. the Property. 5. On-Site Storm. Water Ponds. Notwithstanding anything in this Agreement to the contrary, neither -Ryan and its successors and assigns nor any Owner shall have any obligation, now or in the future, to construct, provide or maintain, and City shall not require, any storm water pond or storage facilities on the Property. 6. Replacement Wetlands.. City acknowledges and agrees that all-wetland replacement requirements related to the Regional Pond, the Project and the Property have been satisfied by the purchase and delivery by Ryan of banked wetland credits. ___ _ __ __ _ 7. Successors and Assigns., The terms and conditions of this Agreement shall run wit the land and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, personal representatives, successors and assigns. 8. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and together which shall constitute one and the same Agreement. 9. Headings. -The paragraph and section headings or captions appearing in this Agreement are. for convenience only, are not a part of this Agreement, and are not to be considered in interpreting this Agreement. IN WITNESS WHEREOF, Ryan and City have caused this Agreement to be executed as of the day and year first stated above. RYAN COMPANIES US, INC. By: _ Its: CITY OF RICHFIELD By: _ Its: By: Its: 3 /~"-/ STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2006, by ,the of Ryan Companies US, Inc., a Minnesota. corporation, on behalf of the corporation. Notary Public My commission expires: _. _ ____ STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2006, by and ,the and ,respectively, of the City of Richfield, a Minnesota municipal corporation, on behalf of the corporation. Notary Public My commission expires:- This instrument was drafted by: Fredrikson & Byron, P.A. (MJS) 200 South Sixth Street, Suite 4000 Minneapolis, MN 55402 (612) 492-7000 4100822 6.DOC 11 /07/2006 4 la'~~ EXHIBIT A - TO STORM WATER AGREEMENT Annroved Plans Final Development Plan & Conditional Use Permit for Planned Unit Development (PUD) for Cedar Point Commons Richfield, Minnesota, Project 2005744M (36 total pages), prepared by RLK Incorporated, submitted to City on June 1, 2006, and approved by City Council on June 13, 2006.