01-09-07 Regular
.
.
.
CITY OF RICHFIELD, MINNESOTA
TUESDAY, JANUARY 9, 2007
**************~**~******..*~****~*********~*******~*******************************************************
SPECIAL CITY COUNCIL WORKSESSION
RICHFIELD CITY HAll
COUNCil CHAMBERS
6700 PORTLAND AVENUE
5:30 P.M.
Call to order
Roll call
5:30 - 6:20 p.m.
1. Annual meeting with local legislators
(Council Memo No.4)
Adjournment
*********************************~***~********~.*..~*~AA..************************************************
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 aI/ow sufficient time for others.
Comments are to be an opportunity to address the Council on items not on the agenda.
Individuals who wish to address the Council must have registered prior to the meeting.
Notes:
Pledge of Allegiance
Approval of minutes of (1) Special City Council Worksession of December 12, 2006 and (2)
Regular City Council Meeting of December 12, 2008
.
.
.
PRESENTATION
1. Presentation by developer of proposed York Place project (69th Street between York and
Xerxes Avenues) in Edina and consideration of City Council actions related to project
Staff Report NO.7
Notes:
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 providing funding of certain human service
agencies for 2007 in total amount of $93,570 S.R. NO.8
B. Consideration of approval of first amendment to cost participation agreement between
Hennepin County and City of Richfield for reconstruction of 66th Street and Portland
Avenue intersection project S.R. No.9,
C. Consideration of approval of continuing agreement with City of Bloomington for public
health services for City of Richfield for 2007 S.R. No. 10
D. Consideration of approval of purchase of two Chevrolet Colorado pickups from Thane
Hawkins Polar Chevrolet for use by Community Service Officers in Public Safety
Department for total of $40,180 S.R. No. 11
E. Consideration of approval of purchase of two new Police squad cars from Elk River
Ford for total of $43,610,84 S.R. No. 12
F. Consideration of approval of bid minutes and tabulation and award of contract to Shank
Construction, Inc. for construction of chemical feed system modifications project at
Richfield Water Plant in total amount of $406,640 S.R. No. 13 '
Notes:
5. Consideration of items, if any, removed from Consent Calendar
. Notes:
.
.
PUBLIC HEARINGS
6. Public hearing regarding resolution authorizing conditional use permit to allow Zoe Child
Care Preschool Center to operate accessory use Church of New Life, 7101 Nicollet
Avenue
Staff Report No. 14
Notes:
7. Public hearing and second reading of transitory ordinance authorizing conveyance of real
property to Ryan Companies US, Inc.; Cedar Point Commons
Staff Report No. 15
Notes:
RESOLUTIONS
8. Disciplinary hearings regarding resolutions imposing civil enforcement on establishments
in Richfield that underwent alcohol compliance check conducted by Richfield Public
Safety staff and failed by selling alcohol to underage youth
Staff Report No. 16
Notes:
9. Disciplinary hearing regarding resolution imposing civil enforcement on establishment in
Richfield that underwent tobacco compliance check conducted by Richfield Public Safety
staff and failed by selling tobacco to underage youth
Staff Report No. 17
Notes:
10. Consideration of resolution approving amendment to 2006-07 labor agreement with Law
Enforcement Labor Services Local 162; Police Supervisors
Staff Report No. 18
.
.
.
Notes:
11. Consideration of resolution approving modifications to 2006-07 I(;!bor agreement with Law
Enforcement Labors Services, Inc. Local 225; 911 Dispatchers
Staff Report No. 19
Notes:
12. Consideration of resolution approving amendment to 2006-07 labor agreement with
International Union of Operating Engineers Local 49
Staff Report No. 20
Notes:
OTHER BUSINESS
13. Consideration of purchase agreement between City of Richfield and James and Marlene
Zalesky, owner of Zalesky Printing, for acquisition of property at 6613 Portland Avenue as
part of 66th Street and Portland Avenue intersection project
Staff Report No. 21
Notes:
14. Consideration of amendment to off-street parking permit at 1430 East 66th Street, EI
Jalapeno Market, to extend compliance deadlines
Staff Report No. 22
Notes:
15. Consideration of denying claim for sewer backup damages at 6305 Dupont Avenue
Staff Report No. 23
Notes:
.
16. Consideration of City Council liaison appointments for 2007 to various metropolitan
agencies and City commissions
Staff Report No. 24
Notes:
17. Consideration of designating Council Member(s) to attend March 2007 National League of
Cities conferences and N.O.I.S.E. conference
Staff Report No. 25
Notes:
CITY MANAGER'S REPORT
18. City Manager's report
Notes:
. 19. 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:
20. 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 #
CONSENT
4A
8
......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
JANUARY 9, 2007
REpORT PREPARED By:
KATHY FARRIs, HUMAN SERVICES
PLANNERlCOORDINA TOR
NAME, TITLE
COUNCIL PRESENTER:
REVIEWED BY CITY MANAGER:
:J.
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution approving the 2007 Social Service agency funding
recommendations and authorizing the City Manager to execute agreements for service with
those agencies funded bv the City.
I.
RECOMMENDED ACTION:
By motion: Approve the resolution providing funding amounts of
certain human service agencies in the below listed recommended
amounts for 2007.
I II.
BACKGROUND I
A review committee has been formed comprised of the Richfield Community
Human Services Planning Council (RCHSPC). This committee serves as the
review and recommending group for City Social Service Funds. The following
process was used in making funding recommendations:
. The RCHSPC established the following priority areas for funding consideration:
1) services for frail elderly persons; 2) services for physically and/or mentally
disabled persons; 3) services for individuals, families and children at risk; 4)
housing support services for low-income persons.
. An announcement was made soliciting funding proposals for service in the
Richfield Sun. Applications were sent to prospective agencies.
. The Grant Review Committee met on October 23 and November 27 to review
proposals from the applicant agencies and make recommendations for funding.
0107SocialServiceFunds
.
Following is a history of City of Richfield Social Service grant awards. The Grant
Review Committee recommends $93,570 of City Other Agency Division funds be
allocated to the following agencies in the amounts indicated for 2007 (see
attachments, page 1, for service descriptions):
Organization 2002 2003 2004 2005 2006 2007 Ree
Senior Community Services 9,021 9,000 9,000 9,070 9,070 9,070
Cornerstone 10,000 12,500 12,500 13,500 13,500 15,000
Storefront 45,349 34,870 35,000 30,000 30,000 28,000
Familv & Children's Services 15,000 14,000 12,000 10,000 8,000
VEAP 5,000 13,000 15,070 15,000 15,000 15,000
Richfield READY 1,000 1,500 1,500 2,500 2,500 2,500
Loaves & Fishes 3,000 3,000
CAPSH 10,000 5,000
Assumotion Church 8,000
RCC Community DialoQue 500
Oak Grove Church 6,200 6,700 6,500 7,000
HRA-Kids at Home 5,000
House of Prayer 10,000
RF Schoolsl AUQsburQ Library 2,000 2,000 2,000 1,500
TOTAL $93,570 $93,570 $93,570 $93,570 $93,570 $93,570
.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. All funding recommendations meet the priorities established for 2007
(see attached "Guidelines and Instructions for 2007 Funding Assistance"
and "2007 Application for Funding Assistance").
. Agencies recommended for funding have met review criteria in the areas
of service need and program management (see attached "Guidelines
and Instructions for 2007 Funding Assistance" and "2007 Application for
Funding Assistance").
. Agencies recommended for funding have stated service outcomes and
have established methods for evaluating service results.
. Agencies recommended for funding are receptive to collaboration and
several participate in HSSC and the Richfield Community Coundl.
lB. CRITICAL ISSUES I
. Services are to be provided in calendar year 2007.
I C.
FINANCIAL I
. Recommendations are based on the unallocated portion ($93,570) of
the 2007 Other Agencies Division Budget, 10105. A City
Council/Administration 2007 allocation of $24,240 of this budget is
designated for the Hennepin South Services Collaborative for
research, planning and coordination functions.
.
ID.
LEGAL I
. Agencies awarded funding will be required to sign a service
agreement.
.
.
.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Recommendations in regards to funding are advisory. Final determination is
subject to Council approval. Council has the discretion to revise amounts.
I V. ATTACHMENTS
. Resolution
. Descriptions of Proposed Services
. Guidelines and Instructions for 2007 Funding Assistance
. 2007 Application for Funding Assistance
. 2006 RCHSPC Members
. Draft Minutes of 11/27/06 RCHSPC Meeting
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None.
LIA-\
RESOLUTION NO.
. A RESOLUTION APPROVING THE 2007 SOCIAL SERVICE AGENCY FUNDING
RECOMMENDATIONS AND AUTHORIZING THE CITY MANAGER TO EXECUTE
AGREEMENTS FOR SERVICE WITH THOSE AGENCIES FUNDED BY THE CITY
WHEREAS, a review committee has been formed comprised of the Richfield
Community Human Services Planning Council (RCHSPC) members to serve as the review
and recommending group for City Social Service Funds; and
WHEREAS, this committee reviewed applications from human service agencies for
City Social Service Funds.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Richfield
that the funds be allocated as follows:
.
Organization Recommendation
Cornerstone - Criminal Justice . Intervention $15,000
Family & Children's Service - School Success for New Immigrant Children 8,000
Senior Community Services - Senior Outreach Program 9,070
The Storefront Group - Youth Counseling Program 28,000
Volunteers Enlisted to Assist People (VEAP) 15,000
Richfield R.E.A.D.Y. 2,500
Community Action Partnership of Suburban Hennepin-Housing Services 5,000
Loaves and Fishes 3,000
Assumption Catholic Church-Richfield Youth Leadership Outreach 8,000
TOTAL $93,570
BE IT FURTHER RESOLVED that the City Manager be authorized to execute
contractual agreements with the above-named agencies summarizing services to be
provided to Richfield residents.
Passed by the City Council of the City of Richfield, Minnesota this 9th day of
January, 2007.
Debbie Goettel, Mayor
.
Nancy Gibbs, City Clerk
. w
0
Z
~
tn
en
tn
<(
C)
Z
e
Z
::::)
LL
W
0
~:::!
wO
tnZ
..J::::)
<(0
-0
OC)
Oz
tn_
zZ
OZ
-<(
tn..J
Sa..
etn
>-w
O~
Z~
Ww
. ~tn T"""
tt::Z
We:(
::z::E
t-::::)
O::z:
tt::~
0-
LLZ
tn::::)
z:E
O:E
-0
~O
Cc
Z...J
WW
:E-
:E~
00
0-
Wtt::
tt::
....
0
0
N
C
...J
W
ii:
::z:
0
tt::
LL
. 0
~
C3
.
.
Y A-3
CITY OF RICHFIELD
GUIDELINES AND INSTRUCTIONS FOR
2007 FUNDING ASSISTANCE
The Richfield Community Human Services Planning Council (RCHSPC) is responsible
for setting priorities for City of Richfield Social Service funding and for making
recommendations for grant awards. Each year the RCHSPC examines the City Social
Service Funding process to determine funding parameters and priority goals for the
purpose of making the best use of funds.
Fundina Parameters
. Any non-profit organization is eligibleto apply.
. Projects must serve Richfield residents.
. Because of limited funds, requests made should not cover all expenses of a
proposed service.
Priority Goals
Projects must address at least one of the following priorities:
. Services for frail elderly persons
. Services for persons with physical and/or mental disabilities
. Services for individuals, families and children at risk
. Housing support services for low-income persons
Award Criteria
Priority will be giving to proposals that meet the following criteria:
. Demonstrated need of the proposed service for the targeted population.
. Collaboration with other service providers.
. Participation in the Richfield Community Council and Hennepin South Services
Collaborative and its related activities.
. Efforts to serve cultural/ethnic/racial populations and low-income persons.
. Demonstrated value to the community.
. Does not duplicate services to Richfield residents.
. IICompleted applications must be submitted by October 5, 200~1
2
.
.
.
4A-~
CITY OF RICHFIELD
GUIDELINES AND INSTRUCTIONS FOR 2007 FUNDING ASSISTANCE
Page 2
Application Instructions
The attached Application for Funding Assistance must be used in your request for
funds. Proposals should:
. Include agency and program name and address, and contact person name, title,
phone #, fax # and Email address as applicable.
. Be typewritten, printed on both sides and include page numbers.
. Include the questions along with the responses.
. Be as brief, clear and concise as possible.
. NOT include expensive binding, brochures, letters of support or materials not asked
for in the application.
Submit 1 original plus 11 hard copies and 1 email copy of completed application by
October 5.2006 to:
Kathy Farris
Human Services Planner/Coordinator
City of Richfield
6700 Portland Avenue
Richfield, MN 55423
Kfarris@citvofrichfield.orq.
The RCHSPC will review applications for social service funds at its October 23 and
November 27, 2006 meetings. Applicants may be asked to respond to additional
questions after the initial review of proposals on October 23. Recommendations for.
fund allocations will be made to the Richfield City Council at its January 9, 2007 City
Council meeting.
Agencies awarded social services grants will be required to sign a service agreement
for calendar year 2007 and submit semi-annual reports on service outcomes.
Organizations are encouraged to contact Kathy Farris at 612-861-9754,
Kfarris@citvofrichfield.ora with any questions and for assistance in completing
grant applications.
~Completed applications must be submitted by October 5, 2006~
3
.
.
.
Lf A -j
CITY OF RICHFIELD
2007 APPLICATION FOR SOCIAL SERVICE FUNDING ASSISTANCE
PROPOSAL HEADING
1. Agency name, address, contact person, and phone/fax/email
2. Amount of request
3. Name of proposed service
4. Brief description of service
5. Identify priority area(s) you are addressing:
a) Services for frail elderly persons
b) Services for persons with physical and/or mental disabilities
c) Services for individuals, families and children at risk
d) Housing support services for low-income persons
ADMINISTRATION
1. Provide a mission statement for your agency.
2. Provide statement of your organization's legal status.
3. Indicate your total agency budget for 2007.
4. Indicate your proposed project budget for 2007. Itemize proposed expenses and
describe as applicable. Indicate both proposed City funds and other funds to
support the project.
PROGRAM
1. Demonstrate the need for the proposed service.
2. Describe service to be funded. Include:
a) Brief statement depicting what the service is and how service is provided
b) Target population(s); estimated number of unduplicated individuals you plan to
serve
c) admission criteria and process
d) how clients are. involved in the planning process for service
e) desired outcomes and methods of evaluating and measuring client progress
(use attached "Proposed Outcome/Evaluation Methods" form)
3. Describe efforts to outreach to target population, including immigrant and low-
income individuals.
4. If city funds were reduced or not available after 2007, how you would continue to
provide the service.
COLLABORATION EFFORTS
1. Are you a partner in the Richfield Community Council, Hennepin South Services
Collaborative or the Children's Mental Collaborative? If so, briefly describe your
involvement.
2. Describe your efforts to collaborate with other agencies including your involvement
in developing and participating in these collaborations.
0
to- O
0 N
0
C"II It')
...
rn Q)
E m .c
0
ftS"C -
... 0 C.)
C).s:::: 0
0-
... Q)
a..:E .c
C)e "C
e 0 Q)
-- -- -
"C- ~
e ftS E
j..:!
L&.ftS .c
tri j
m
Q) 1.0
.c
Q) E -
m
, tn 0 "C j
-C.) E
ftS_ S
.- j
go m m
Q) e
tn"C j 0
"CQ) C" ;
-m ! ftS
.! 0 .!!! .~
....c.
.s::::o C)
C.) ... .(ij
0:: a.. e
E .-
.... w"g
0 j
~ ....
.s::::
0 .~
.s::::
e ~
0 ...
; .2
ftS
.~ Q)
e C.)
ftS .~
C) Q)
...
0 m
....
- 0
e
ftS e
C.) e 0
C. 0 ;
. ~ c.
c. Q) .i:
<( D.. C.)
.... m m
0 - Q)
m C.) Qi"C
Q) Q) ftS
E ... - e....
"C e o Q)
ftS "C 0 .s:::: .i:
z<(oa..m
.
4 A -(p
YA-1
CITY OF RICHFIELD
Richfield Community Human Services Planning Council Members - 2006
.
Name ReDresentation Address Phone Email
Beth Fagin Richfield Community 6425 Nicollet Ave. 612-798-8174 BfaQin@storefront.orQ
(Interim Chair) Council Richfield, MN 55423 612-861-3446 (f)
Lynda Gault Richfield Public 7001 Harriet Ave. So. 612-798-6000 Ivnda.Qault@richfield.k12.mn.
Schools Richfield, MN 55423 us
Gloma Community Services 6600 Pleasant Ave 612-259-2361 (h) kQnichols@aol.com
Hamernick Commission #343 952-487-8267 (b)
Richfield, MN 55423
Joan HRA 6914 Park Ave. 612-869-8057 (h) Joanhelmberqer@vahoo.com
Helmberqer Richfield, MN 55423 952-922-6521 (bl
Jeff Karr Planning Commission 7120-12th Avenue Jkarr1 @Fairview.orQ
Richfield, MN 55423
Erica Klein Human Rights 6914 Pillsbury Ave 612-861-3795 (h) Eklein@vahoo.com
Commission Richfield, MN 55423 612-348-8674 (b)
Jeanette League of Women 7325 51n Ave. 612-869-3772 (h) lofstrom 7325l.<v.aol.com
Lofstrom Voters Richfield, MN 55423
Jo Romer Advisory Board on 7405 Aldrich Ave. 612-869-5087 (h) Jromermn@juno.com
Health Richfield, MN 55423
Ron Wilson Arts Commission 6644 Chicago Ave. 612-243-1315 Ronwilson6644@vahoo.com
Richfield, MN 55423
Susan City Council Liaison 6633 Thomas Ave. 612-866-2683 RrosenberQ1 @mn.rr.com
Rosenberq Richfield, MN 55423
Daryl Regional Planning 9801 Penn Ave. So. 952-922-5999 darvl.coDDoletti@hsscmn.orQ
Coppoletti Coordinator Bloomington, MN
HSSC 55431
.
.
6
4 fJ -<g
RICHFIELD COMMUNITY HUMAN SERVICES
PLANNING COUNCIL - DRAFT MEETING MINUTES
November 27, 2006
. Present:
Beth Fagin (chair); Erica Klein; Jeanette Lofstrom; Jo Romer, Susan Rosenberg; Kathy
Farris (staff)
Beth Fagin called the meeting to order.
The August 28 and October 23, 2006 meeting minutes were approved.
Beth asked Susan Rosenberg to responded the discussion of October 23 regarding obtaining additional
social service funding. Susan indicated that the City Council did not increase the social service funding
for 2002 due to cuts of Local Aid to Cities from the state. She indicated that the City of Richfield was still
experiencing effects from this and subsequent cuts, but felt it was appropriate for the City Council to
reexamine the social service fund for 2008. The RCHSPC will consider holding a study session to
update the City Council on human services issues and changing demographics for the purpose of
requesting an increase in the 2008 social service funding assistance budget.
2007 Social Service Fundina Process
Responses to the October 23 applicant questions were reviewed. The following recommendations to the
City Council for 2007 Social Service funding awards were then unanimously approved:
Assum tion Catholic Church-Richfield Youth Leadershi
CAPSH-Housin .Services
Cornerstone - Criminal Justice Intervention Pro ram
Famil & Children's Service-School Success for New Immi rant Children
Loaves and Fishes
Richfield READY
Senior Communit Services - Senior Outreach
The Storefront Grou - Youth Counselin Pro ram
VEAP
Total
9,400
10,000
$18,000
15,000
3,000
2,500
11,060
30,000
20,000
$93,570
.
Final approval for 2007 social service awards will be determined at the January 9, 2007 City Council
meeting.
Other
Daryl Coppoletti will be asked to the February 28 meeting to review and explain the soon to be
completed HSSC report entitled: "Demographic, Social, and Economic Trends of Richfield Residents:
1980-2000."
Next Meetina
The January 22, 2007 RCHSPC meeting has been cancelled.
The next meeting is scheduled for Monday, February 28, 2007, 5:30 p.m., in the Heredia Room.
.
Recording Secretary
Kathy Farris
7
"
.
AGENDA SECTION:
AGENDA ITEM #
REpORT #
PRRRRNTATTON
1
7
.......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
JANUARY 9, 2007
REpORT PREPARED By:
PAT SMITH, COMMUNITY
DEVELOPMENT DEPARTMENT
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
~
.
REVIEWED By CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Receive comments from the developer of York Place and Richfield residents, refer the
transportation issues to the Transportation Commission. Request the Planning Commission to
review the land use changes along Xerxes Avenue during the Comprehensive Plan update.
Request staff to draft a letter to the Edina City Council expressing Richfield's concerns.
Request staff to explore with Edina staff an on-going working relationship for matters of mutual
interest alonQour shared boundary.
1.
RECOMMENDED ACTION:
By Motion Request:
1) The Transportation Commission to evaluate traffic impacts at their
earliest convenience.
2) The Planning Commission to work with the neighborhood to
formulate strategies for strengthening the residential qualities of
this area during the Comprehensive Plan update.
3) Staff to draft a letter to the Edina City Council expressing
Richfield's concerns.
4) Staff to explore with Edina staff an on-going working relationship
for matters of mutual interest along our shared boundary.
.
010907 - York Place
.
I II. BACKGROUND I
On November 29,2006 Mr. Tom Miller, TE Miller Development LLC,presented his
proposed York Place development to the Edina Planning Commission. Mr. Miller is
proposing to redevelop two properties between York Avenue and Xerxes Avenue, south of
69th Street. Two office buildings currently exist on the two properties. The original
proposal included:
. 4,000 square feet of retail along York Avenue with parking underneath.
. 100 unit, 14-story market rate apartment building above retail.
. 58 unit, 4-story senior apartment building along Xerxes Avenue.
. 11 of the senior apartment units would be affordable.
The Edina Planning Commission expressed reservations about the number of variances
requested. The Planning Commission suggested that the developer revise the
development plans.
Mr. Miller reduced the height of the market rate apartment building from 14-stories to
12-stories and increased the number of affordable units from 11 to 22. However, the Final
Development Plan requires nine variances (please see Appendix A).
.
Edina staff recommended denial of the project to the Planning Commission for three
reasons:
1. The Edina City Council amended the Zoning Ordinance in February 2006, limiting
building heights to 4-stories or 50 feet east of York Avenue.
2. Edina's Zoning Ordinance requires buildings 9-stories or greater to be setback six
times the building height from an R-1 zoning district. While there is not an R-1
district in Edina that is proximate to this site, Richfield has single family homes
across Xerxes Avenue. The 12-story apartment building is setback 270 feet from
these homes. An 876-foot setback would be required if these homes were in Edina.
3. Edina's Zoning Ordinance limits the floor area ratio to 100%. As proposed, the FAR
would be 159% indicating that the proposed uses are-too intense for a property of
this size.
.
On December 21, 2006 Mr. Miller met with Richfield staff to review the project. Mr. Miller
indicated to staff that he is proposing to redevelop the property because the two existing
office buildings are under-performing and obsolete. Mr. Miller also indicated to staff that if
the City of Edina does not approve the York Place development, he could redevelop the
site with a retail strip center, which would meet Edina's Zoning Ordinance.
The developer's traffic consultant, Wenck Associates estimates that the current proposal
would increase traffic onXerxes Avenue and 69th Street between 4-7.5% at peak traffic
times. (please see Appendix B for more traffic information). Wenck also estimates that a
56,900-square foot retail strip would generate 11 % more trips than the proposed
development during the weekday PM peak hour, and 10.5% more trips during the
Saturday midday peak hour on Xerxes Avenue and 69th Street (not shown in Appendix B).
On December 27,2006 the Edina Planning Commission voted 5-3 to recommend approval
to the City Council. (The Planning Commission meeting may be watched at
www.cLedina.mn.us/departmentslWatchaMeetinq.htm.) The project will be considered by
the Zoning Board of Appeals on January 4th, and likely would go to Edina's City Council
. on January 16th. The attached letter was recently sent to the Edina Zoning Board.
I III. BASIS OF RECOMMENDA nON I
I A. POLICY I
. In February 2006, the Edina City Council amended the Zoning
Ordinance to limit the height of buildings east of York Avenue and
west of France Avenue to 4-stories or 50 feet.
. The predominant land use along the west side of Richfield is single-
family residences. These properties are zoned and guided for Single-
Family Residences (R) in the future.
. Richfield will be updating its Comprehensive Plan in 2007/08.
CRITICAL ISSUES I
. Wenck Associates (retained by the developer) conducted a traffic
impact study and concluded that peak hour traffic would increase on
Xerxes Avenue and 69th Street between 4-7.5% (Appendix B).
Wenck Associates and Edina's traffic consultant, WSB, both
concluded that the existing roadway system could support the
proposed project.
. Richfield's Transportation Commission should review the traffic
impacts.
. Of the 416 proposed parking spaces only 84 are at grade. This may
increase the demand for on-street parking on Xerxes Avenue.
. The 4-story senior apartment building is out of scale with the single-
family residences on Xerxes Avenue.
. Edina's Zoning Ordinance requires buildings 9-stories or greater to be
setback six times the building height from an R-1 zoning district. While
there is not an R-1 district in Edina that is proximate to this site,
Richfield has single family homes across Xerxes Avenue. An 876-foot
setback would be required if these homes were in Edina, but the
proposed 12-story apartment building is setback 270 feet from these
homes.
. The developer has conducted shadow exercises for the proposed
development. The developer reports that shadows are not cast on
Richfield residences except for the late evenings in the summer
months.
. The viability of the western edge of Richfield is linked to the viability of
the eastern edge of the Southdale area. The challenge is to find a
way for Richfield and Edina to work together to help assure mutual
viability.
. The Richfield Edina border is an unusual one for Richfield. Other
borders are significant highways. The common boundary with Edina
is Xerxes Avenue. South of 66th Street Xerxes is 36 feet wide.
Richfield and Edina should establish an ongoing working group of
representatives who would meet from time to time to address any
matters of mutual interest.
lB.
.
.
.
.
.
I c.
FINANCIAL
. N/A
I D. LEGAL I
. Notice of the development presentation at the January 9th Richfield
City Council meeting was sent to property owners from 68th Street to
73rd Street and from Xerxes Avenue to Penn Avenue.
I IV. AL TERNA TIVE RECOMMENDA nONeS)
. N/A
I V. ATTACHMENTS
. Appendix A - Requested Variances
. Appendix B -Information from Wenck Associates Traffic Report
. Site Plan
. Letter to Edina Zoning Board
. Map of where the January 9th City Council meeting notice was delivered. .
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING I
. Tom Miller, TE Miller Development LLC
. Dean Dovolis, DJR Architecture Inc.
. Richfield Residents
I-I
Appendix A
.
.
The Final Development Plan requires the following variances:
1. Building height variance from 4-stories to 12-stories for apartments.
2. Building height variance from 50 feet to 54 feet for senior apartments.
3. Floor area ratio variance from 100% to 159%.
4. Building setback variances for the market rate apartments:
- front setback variance from 146 feet to 100 from York Ave.
- side street setback variance from 146 feet to 75 feet from 69th Street.
- side yard setback variance from 146 feet to 54 feet.
5. Building setback variances for the senior apartments:
- side street setback variance from 54 feet to 20 feet from 69th Street.
- Rear setback variance from 54 feet to 30 feet from Xerxes Avenue.
_ Drive-aisle setback variance from 10 feet to 6 feet from Xerxes Avenue.
.
.
.
.
l- d-.
Appendix B
The following table shows the trip generation estimates for the proposed development and
the former uses.
land Use Weekday PM Peak Hour Saturday Mid-day Peak
Trips Hour Trips
In Out In Out
Existing - office 13 65 11 10
Proposed land use 87 85 122 108
Difference between 74 20 111 98
proposed and existing
land uses
The table below shows estimated traffic increase on the adjacent streets during the
weekday P.M. hour.
Street 2006 Existing 2009 Build Difference
69th Street, east of Xerxes 482 513 31 (7%)
Avenue
Xerxes Avenue, north of 184 199 15 (7.5%)
69th Street
Xerxes Avenue, south of 212 221 9 (4%)
69th Street
.
.
..
1~3
The following table shows estimated traffic increase on the adjacent streets during the
Saturday peak hour.
Street 2006 Existing 2009 Build Difference
69th Street, east of Xerxes 274 293 19 (6.5%)
Avenue
Xerxes Avenue, north of 177 188 11 (5.8%)
69th Street
Xerxes Avenue, south of 151 169 9 (5%)
69th Street
:<>-
"
"
-'"
:;:"
-,'1>
~,
Ie
~
f
=t:""I
oi
~S.
~~
;,-1
:m
~~
. -.
=-
.. -
::CD
n~
z
o
<
CD
3
e-
CD
-.:
00
I\)
o
o
m
~
o
0)
6
o
to
en
o
o
[]
~
;u
.
d )
';j
<i3
S.
"'ll
..
;!-
"i"
.,
!i
."
-.:
o
"C
o
(J)
CD
C.
C
CD
<
CD
o
"C
3
CD
::s
r+
-~
= c=J
1111111
o
c::::>
1111111
en
o
<:
~
..
a;
"'ll
..
;;1-
:;-
.,
!i
11"11'"=
- -
= 1:""'0 ::
~ ~~ =
--'" !; :------
::I. - '----_
_ ~ 5
11111111
11111111 1I11111~_
~~
fr
=1
::E
m
en
-l
....
o
-l
:J:
en
-l
:D
m
m
-l
~~---I~~;-~ -1
~~ ~~~ ~
I A""{\1{ 1~
~;., ~) j
'__-~' _I
XERXES AVENUE SOUTH
DO
[]:I
DO
1111 111111
-
-
-
::E
m
en
-l
a>
'"
-l
J:
en
-l
:D
m
m
-l
L-
DO
o
.
\
-C-.
~
Rlr:HFIELD
MAYOR
DEBBIE GOETTEL
CITY COUNCIL
BILL KILIAN
SUSAN ROSENBERG
SUZANNE M. SANDAHL
FRED L. WRaGE, JR.
CITY MANAGER
,STEVEN L. DEVICH
.
1-5
City Manager's Office
,
January 4, 2007.
VIA FAX
Zoning Board
City of Edina
4801 West 50th Street
Edina, MN 55424
Subject: Variance request by DJR Architects/Tom Miller for York Place
To Whom It May Concern:
This letter is in regards to the proposed York Place development on 69th Street between York and
Xerxes Avenues. The proposed project has a number of design elements that the City of Richfield
supports. The project is designed to be pedestrian-friendly by moving the buildings and their
entrances closer to the street and by placing the parking underground or behind the building. In
addition, the City supports the concept of the proposed senior building facing Xerxes Avenue.
However, the City of Richfield has concerns with the degree of variances being requested for the
height of the two buildings and the process in which they are being requested. The City is concerned
that the York Place development in general, and the four-story apartment building in particular, is o!Jt
of scale with the single-family residences in Richfield. The predominant land use along the west side
of Richfield is single-family residences. These properties are zoned and guided for Single-Family
Residences (R) in the future. An apartment building four-stories or greater across a narrow street from
these single-family homes seems inappropriate. Furthermore, if the residences on the east side of
Xerxes Avenue were located in Edina, the 12-story apartment building would require an 876-foot
setback, but the proposed 12-story apartment building is only setback 270 feet from these homes.
At the December 27, 2006 Edina Planning Commission meeting, the developers stated that the need
for the height variances is to offset the additional costs of providing underground parking and the 22
affordable housing units. Our view of State Statute 394.27 subd. 7 is that economic consideratio'1s
alone do not constitute a hardship if a reasonable use for the property exists under the terms of the
ordinance.
Finally, it is our belief that granting density bonuses instead of variances is a more appropriate way of
awarding developers for good projects. Instead of granting these variances now, the City of Richfield
encourages Edina to include Richfield residents in a deliberate discussion on the preferred
development pattern for this area and to then consider amending the zoning ordinance as needed.
The E~ina Planning Commission stated their willingness to hold special meetings to review the zoning
regulations in this area. Then density bonuses (not variances) may be awarded for projects that meet
Edina's goals (e.g. including affordable housing or underground parking).
.
you for your consid~ration in this matter.
City Manager
SLD:cak
Copy: Richfield City Council
Richfield Community Development Director
Edina City Manager (via fax)
The Urban Hometown
6700 po RTLA N D A V E N"'-Mil'ityQ~cGieillO,gE L.fiI.J.EdtlAIN#I5~11'.IlEM~1II:l! 3 612.861.9700 FAX: 612.861.9749
f - (p
Area in blue - Notice mailed out for
January 9th, 2007 City Council Meeting
I. I
...
66THSTW
~F~N--~, /~/--- [iiU C;U EEEE8 EEE!l ~ (lliEJ ~
1"'---+ 6161n-y_______ ~.'II ~i ~ i'"/I : l.i~.~I.~~
! ~_~) (1)1 ~ n<fl 81(1)81 .~. .~.Il ~II
W E I ' I,___':--;~II ..~ ...~ 1I"'Il~" '~llII .~1iI . ~. III I
I I I ~ -- (I).. 18 ~ . ~ . I ~ IL. . ::l; I II 2 II W II II
I ~) ~.... -.II ~ II . g ...- . .. ~ II Ef ~ II . ~. .. ~.. iii
I' 1 ~. .:=:.. .;;:..3....... II .. II II
( s,"--; '__ ________ .:: III L III :.. ::.. II:... II
). .Y/~' 'v/ 67th --:. ~ ~ ~ ~ ~s'w
, II ::p-=-. ~ L
/' r ' ~""-."-1~". ~~...-!-; ... (I)
/ , ~_____.j__.... ~< 'III . ~~~< filii ~
I,. i~.' · ~~" ~ffi-!-: 0
Ii "<f.. ~~-'--- ~
, \ ~.. Ill;: tt .-.. 5if-----
I; I' ...... -'j- I ·
I .-. ~..
, ~-!!/ ~~ ~ -
-----16 ~lf1~_i ~ ~ . ] :t: ~ !. -:
. (I). & . .
I I~-I dooJtl .
· I ~~O-!-~ 11/ iii
II. . 'L..!!.-! 'o!- \<' 'II
-l II I ,,~~~ II "
I II ~~...-!-~ II ..
I Do- .. ~~ 11 II
.-----------j : .: cC ~ 1.. ~
-; ,.69THSTW. ~ti-' rS~
II .... I!b- II ill
, .. ... II iii . ..
. .. ~ 11 S . ..
.. .:it: "'I (f.I III .I...,
., ..~- .~II ..~z
II IlJlal_ u~.. I
S.1IlI ~ ,!J~IIII I~
II .'_4"1011-
II . ~~ . .
\ .. I 81 r -
70THSTW 70TH~ ~STW
i~'1 "l.III.IIi.... ~~m' .. ~
-I f I: IJI ~ · ~
~ ~'''I..iIl 1'", ~ti'Tl ~" '.1.
701f2$TW 70112STW 70112STW
q=~ ,~ ~[8
. riJ... 1I . ~ I_
i. n~: :0rr~
~ III ...... ~ .. .. ~~ LD
i I ~ ~: : lli · '[Ill
II ..Il:. .5 ~
v .. . .. .
..~ III 'II ~
-I... . .J!!!. ..
.. ... ~...~. ....
-.-. -f!s . II
T sa ~~S=0 .. _.
'II 5~!4-~ ·
III:'. 1I~1r-
II ". 1il 0 , ".ill
. E~ =tl ·
~~ ~~ 1IIt.-,.1II
~s~ e69THiS'W 69nmXW
L f} wt'fl ~
+- . " ~.
-!-'!~ II. Ii II
.-t=..~::; d ~
~lL..~ .ad ~.. Ii
5 l1li 11 CI:: Ii .. w ~ IlL
. + 1....-: ~: ,~~ : .. il ~ "
".. .-..!'..::I.
~ ~ "dO !II::" "iii
70~STW ~s~ ~W 70TH ST~
~.. · y. ".rl.. ..~.. II !"~"~",I"~~
; .. 11/'0lIl ..~J.l"'d 11'11 ..,.. ..~
~ ---.
110
II
~ .
~ :.
g I
1
I
....
.. " '.
. . .
.. I I
.. .
(f).1 l..m:::: II
~ I' .. ~ II
~t1 ':~I
~f-j-n'",
I!' .. .
. . I
~~ ~~
~~~~
I
D
II
! '1
L__L_.
._~
;
//
---------:69-tl1----r---
,; *i
: L.o"_....___ !
, I'
propo~e~ y or~R.lace~
'! !
i
.
I!I'
.
B
.
.
.
D
I'
III
I
It
.II
.
oli
-----701Jj'-
~---l . -_.-.
-;OTHS~
a" lIIi
JI 'II
.. .
II.... .-
70th 1/2
70112STW
IIIImmlllll" IIlI}MIIIl".lIi
~ , ~ ~~
-!-. I:m ~
l1li 110 .. III '" ,"" ~ .;
I
i
f~::i=n~-- - i
I T1S~ 1/2 i !
! I i
!-=-~=~~--~~-~72 ha-
L, ! \
-~, / \
! ..._,---_..----.( ,
71ST ST W
71ST ST W
'111'..."111........""""...10...1>0 ",..;..
T- "... <-110
.... ~..IIIl,.. ...IgI~alil.'"I" " .: i III
TW 71112STW
II
..
_.II...1lll .." ....::
. . U . i. iii
.. " " II .. Il ..~ III
72NDSTW
~~..ra.,.
~ .
~ ~p. .~
7ZNDSTW
-
fIJ'
iii
I
.i:ll lIa 'Ill
~ i' a II
II I 'Ii.
D P "'I ~
"RslJ.E~
"-f~1l a'fj'
It r." I
..J B Il" '1
73ROSTW
R
..
I
~
H
II
.. 1II
Ii'....
I
> .
~
II.
III
\
\
\
\
\
._--~.---;
,
I
!
--t13th
,
\
Ji
i~
[.
:. .,1,..1 dI
:
.
. .
~.~
~
M. III /I g;
'I!f ..
74THSTW .. AI .,.,.,~
... \,;\ '-.. "'" .;~,
II< "'!!' ._ ..
1i'...&II . II II ~
IlL oil ~ II.. .... ~
.. · ~~~ i
11'=' II i!:.., I. iJ5
Ill... III ..
II II III ... ...11
11
'!
,I
Eo
II
..
18
011
II
.
.J'
.'
II
I
.
Jo ~
.. <
B ~
.
" w
'" "
.
70112STW
\lIIIII
I
72NOSTW
12NDSTW 72NDSTW
II ,.. r;;t; I/jf
. 'Ij:
. ~.~-?
III'" lIl~~~
· MJJl ffii:"'.ll
w _
Ii' _.. il ...L
i. ') i!. .II
I\. " .'YI1. 11.. I
.73RDST.W. ~D~
tq:
llIl ,.
~~
..._ III
III
_ill".
68lHSTW
~"liL
II - It
...;-
11/1 .
~~
~
..
~TH~
I~
...
..
~ i
~~
...::1!- 0
1II;=i:
70THSTW
I
lJi I. I
~4-
-i~.I
1=f
~-'I-
I-'- ~
... II
~T~
III"
Ii
..!II
,
~
III
.
III
I.
.,liI
,.
llII .
III ~
.iii w
p ~
~
d
..
ill
... 'I
I ;0
~ I II
72NDSTW
.... .
~
7
,Ei
c....!..
,II
73RD ST W
1IrJ-
'" J
It..-l-
<f.I 11m II w
~
! -=---:'i- ~o'
& !;;:: :::iT
.1J!J/L..~
:17 4th ,
Ii' :
_lEDI~AI
r-~---! I 1
. ! I'
I I,
~--~ V5th
74THSTW
.J~
II .
0.1
I
0.2 Miles
I
'!
ilia
..
~
t
II!.
73ROSTW
;'.. .'" . IlL... ". ...,.".-"i-
Ill" . ~ III . ~ ~~
,;r<:iL",~
.. 11m" "liilll II
III .. ~ ~"il ~ .,
..- ... ~~ ~.
1lII. -.. ~ _...1....
l
.
'.
..
. ...
AGENDA SECTION:
AGENDA ITEM #
REPORT #
CONSENT
4B
9
...
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
JANUARY 9, 2007
REpORT PREPARED By:
KRISTIN ASHER, ASSISTANT CITY
ENGINEER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of approval of first amendment to the Cost Participation Agreement between
Hennepin County and the City of Richfield for the reconstruction of 66th Street and Portland
Avenue intersection.
I. RECOMMENDED ACTION:
By Motion: Approve the amendment to the Cost Participation
Agreement between Hennepin County and the City of Richfield to
receive additional County funds for the 66th Street and Portland
Avenue intersection project.
I II. BACKGROUND I
At the May 9,2006 Council Meeting, Council approved the Cost Participation
Agreement with Hennepin County allowing the City to receive up to $2.0 million in
Hennepin County Community Works Grant funds to go toward the 66th Street and
Portland Avenue intersection project.
This recommended agreement amendment would amend the original $2.0 million to
a new total of $3.5 million from Hennepin County. An additional $0.5 million will be
requested in 2008. The attached 66th Street & Portland Avenue Intersection
Funding spreadsheet shows the change.
0109HCAgreement
I
~
. I III. BASISOFREcOMMENDATION I
I A. POLICY I
. Improvements to the. intersection of 66th Street and Portland Avenue
are identified in the City's Comprehensive Plan.
.
.
I B. CRITICAL ISSUES I
. The County funds need to be secured to continue purchasing the
right-of-way needed for the road project.
I C. FINANCIAL I
. Approval of the cost participation agreement amendment will provide
the City with additional funds needed to complete the intersection
project. In addition, these funds will release some of the anticipated
financial burden on the Municipal State Aid funds that would have
been used in place of County funds.
I D. LEGAL I
. The City Attorney has reviewed the proposed agreement amendment.
I IV. ALTERNATNEREcOMMENDATION(S) I
. Do not approve the amendment. This could delay acquisition of right-of-way
or place an additional financial burden on the City by refusing to use County
funds.
I V. ATIACHMENTS I
. First Amendment to Cost Participation Agreement between Hennepin County
and the City of Richfield for the reconstruction of 66th Street and Portland
Intersection.
. 66th Street & Portland Avenue Intersection Funding spreadsheet.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None anticipated.
~:
,(~
.
.
.
';-.. . ~
, "
'1f8-1
Hennepin County Contract No. A060859
.FlRST AMENDMENT TO
COST PARTICIPATION AGREEMENT
FOR THE RECONSTRUCTION OF 66TH STREET AND PORTLAND INTERSECTION
This Agreement made and entered into by and between the County of Hennepin,
State of Minnesota, hereinafter referred to as the "COUNTY"; A -2300 Govern1llent Center,
Minneapolis, Minnesota 55487, on behalf of the Hennepin County Department of Housing,
Community Works and Transit, 417 North Fifth Street, Suite 320, Minneapolis, Minnesota
55401-1362, and. the City of Richfield, a Minnesota municipal corporation, hereinafter . referred
.to asthe "CITY", 6700 Portland Avenlle, Richfield, Minnesota 55423, on behalf of the
Richfield. Public Works Department.
. - . .
. WHEREAS, the parties entered into Contract No. A060859 (the "Agreement") as
authorized by Hennepin County Board Resolution No. 06-336; and
WHEREAS, the Agreementbetween the parties provides for the COUNTY to
contribute tothe project for the reconstruction of the intersection at 66th Street and Portland
Avenue; and
WHEREAS, the parties wish to amend theAgreementtoincrease.the COUNTY's
contribution; extend the term of the Agreement, and provide that the City may use the funds
provided for construction purposes.
NOW, THEREFORE, the parties agree to amend Section 1 and Section 2. of the
Agreement to read as follows:
1. Term and Cost of the Agreement. The CITY agrees to furnishservices
.described in Section 2during.theperiod cOl111llencingAugust 1,2006 and terminating
December 31,2009, for an amount not to exceed $3,500,000.00.
2. Services to be Provided. The CITY shall use all funds received under this
. .
Agreement for the Project planning process, land acquisition, and construction
required for completion of the Project. The.CITY shall be solely responsible for
securing all additional funds needed for completion of the Project. The CITY
will be responsible for all phases of the Project planning process and land
acquisition. It is anticipated that the CITY will also be responsible for design
and construction of the Project, but the CITY's responsibilities with respect to
design and construction are beyond the scope of this Agreement.
This amendment shall become effective January 24, 2007.
- ,I>
~.
.
.
.
..~/-...\
Lf6-J.-
Exc~ptas herein amended, the terms, conditions. and provisions of the original
Agreement shall remain in full force and effect
COUNTY BOARD APPROVAL
CITY, having signed. this amendment, and the Hennepin County Board of
.Commissioners having duly.approvedthis amendment on the ____ day of, 2007
and pursuant to such approval, the proper. County officials having signed this. amendment, the
parties hereto agree to be bound by the provisions herein set forth.
COUNTY OF HENNEPIN
. ATTEST:
By:
Deputy/Clerk of the County Board
Date:
By:
Chair of Its County Board..
Date:
APPROVED AS. TO FORM:
"
And:
Assistant/Deputy/County Administrator
Date:
And:
. Assistant County Administrator, Public
Works
Date:
. APPROVED AS TO EXECUTION:
RECOMMENDED FOR APPROVAL
By:
Assistant . County Attorney
Date:
By:
Director, Department of Housing,
Community W orks& Transit
Date:
CITY OF RICHFIELD
By:
Its: Mayor
And:
Its: City Manager
2
.
.
.
h
If 6- ~
66th Street & Portland Avenue Intersection Funding
January 2, 2007
Totals
Expenditures - Construction
Engineering $ 750,000
Streetscape $ 600,000
Road Construction $ 3,805,000
Expenditures - Right of Way
Right - of - Way $ 4,500,000
Project Total $ 9,055,000
Funding Sources
Federal Highway Grant $ 2,220,000
County CSAH Funds $ 210,000
City MSAFunds $ 2,625,000
.
County Community Works $ 4,000,000 .
Sources Total $ 9,055,000
. $ 2,000,000 confirmed
$ 1,500,000 expected in '07 and
$500,000 in '08
Schedule: Construction will begin in the spring 2008.
.
.
.
AGENDA SECTION:
AGENDA ITEM #
REpORT #
CONSENT
4C
10
.......
STAFF REpORT
RICHfiELD
CITY COUNCIL MEETING
JANUARY 9, 2007
REpORT PREPARED By:
BETSY OSBORN, ADMINISTRATIVE
SUPPORT SERVICES DIVISION
MANAGER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
~
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Approval of continuing the agreement with the City of Bloomington for the provision of public
health services for the City of Richfield for the year 2007.
I. RECOMMENDED ACTION:
By Motion: Approve the continuation of the agreement with the City
of Bloomington for the provision of public health services for the City
of Richfield for the year 2007.
I II. BACKGROUND I
In 1977, the State of Minnesota enacted the Community Health Services Act, which
transferred the responsibility for the administration of public health programs to local
jurisdictions. The state also provided funds for the program, and encouraged local
jurisdictions to increase the efficiency of their programs by grouping together.
Richfield and Edina entered into a joint power agreement with Bloomington, and the
program has been administered under that agreement since that time.
The contract amount for providing public health nursing services in 2007 reflects a
3.5% increase over the 2006 contract amount. This is due to cost increases as it
0109 Bloomington Nursing Contract-2007
.
relates to salaries and benefits. The contract for 2007 is $178,701 while the
contract amount for 2006 was $172,658.
I III.
In 2004, changes were made to the Community Health Services Act at the State
level to make reporting and accountability recordkeeping more efficient. Those
changes also "regrouped" a large number of funding sources into one, which gives
more person~lization of the funds for the best specific use of dollars within the
community. It is now referred to as the Local Public Health Subsidy.
BASIS OF RECOMMENDATION I
I A. POLICY I
· The City of Bloomington has sufficient resources to provide a
professional level of public health services to Richfield residents.
Annual evaluations of their services has shown that they are providing
effective services in a very cost-efficient manner and that Richfield
residents receiving their services are very satisfied.
lB. CRITICAL ISSUES
. None
I c. FINANCIAL
. . None
ID. LEGAL
. None
I IV.
ALTERNATIVE RECOMMENDATION(S) I
· The Council could decide to have Richfield provide its own public health
nursing services. The cost of hiring the nursing staff necessary to provide
the same level of services and administrative support would be more than
our current expenditures, and would require a budget increase.
· The Council could decide to compensate the City of Bloomington at a lower
rate that would require designated reductions in services or programs.
Iv.
ATTACHMENTS I
. 2007 Bloomington Public Health contract
I VI.
PRINCIP Ai PARTIES EXPECTED AT MEETING
. None
.
.
4G~(
AGREEMENT BETWEEN
THE CITIES OF BLOOMINGTON AND RICHFIELD
TO PROVIDE COMMUNITY HEALTH SERVICES
THIS AGREEMENT, made and entered into this 9th day of January, 2007, by and
between the City of Bloomington, a Minnesota municipal corporation, in the County of
Hennepin, State of Minnesota ("Bloomington"), and the City of Richfield, a Minnesota
municipal corporation, in the County of Hennepin, State of Minnesota ("Richfield").
WITNESSETH:
WHEREAS, Bloomington warrants and represents that its Division of Public Health
is a duly certified public health agency operating in accordance with all applicable federal
and state requirements; and
WHEREAS, Bloomington's Division of Public Health provides community health
services, including, but not limited to public health nursing services (including home
visiting), public health clinics, health education, health promotion services, disease
. prevention and control, health planning, and program administration; and
WHEREAS, Richfield wishes to promote, support, and maintain the health of its
residents by providing community health services such as health education, communicable
disease programs, public health nursing services, health assessment, counseling,
teaching, and evaluation in the community, home and clinic setting at a nominal fee to
those making use of such services, and to contract with Bloomington for Bloomington,
through its Division of Public Health, to provide such services to residents of Richfield; and
WHEREAS, the governing bodies of Bloomington and Richfield are authorized by
Minnesota Statutes, Section 145A.04, Subdivision 5, and by Minnesota Statutes, Section
471.59, Subdivision 10, to provide community health services and to enter into agreements
with each other for the providing by Bloomington of community health services to residents
of Richfield; and
WHEREAS, through this contractual arrangement the provision of community health
.
services will enable Richfield to document progress toward the achievement of statewide
outcomes, as stated in Minnesota Statutes, Section 145A.10, Subdivision 5.
L\ c><~
NOW, THEREFORE, the parties hereto, and for consideration of the covenants
hereinafter set forth, agree as follows:
1. Bloomington, through its Division of Public Health, agrees to provide residents of
Richfield with community health services (hereinafter called "Health Services"), which
includes activities designed to protect and promote the health of the general population
within a community health service area by emphasizing the prevention of disease, injury,
disability, and preventable death through the promotion of effective coordination and use of
community resources, and by extending health services into the community.
2. In addition, Bloomington will also provide Maternal Child Health services which
include services provided to women of childbearing age, infants, children and adolescents
and to provide services to women and children who qualify for TANF (Temporary
Assistance to Needy Families) services. The payment for these additional services is
made directly to Bloomington from the Minnesota Department of Health; these grant
dollars ($23,156) are not part of this Agreement.
3. Bloomington agrees to provide community health services to the residents of
Richfield utilizing the same quality and kind of personnel, equipment and facilities as health
services are provided and rendered to residents of Bloomington.
4. Bloomington shall provide the health services pursuant hereto on a confidential
basis, using capable, trained professionals.
5. All Health Services to be rendered hereunder by Bloomington shall be rendered
pursuant to and subject to public health policies, rules, and procedures now or hereafter,
from time to time, adopted by the Bloomington City Council, and in full compliance with all
applicable state and federal laws, provided, however, that (i) no policy, rule, or procedure
hereafter adopted by the Bloomington City Council shall in any way affect, modify, or
change the obligations, duties, liabilities, or rights of the parties hereto as set out in this
Agreement, or reduce or detract from the kind, quality, and quantity of Health Services to
. be provided hereunder by Bloomington to residents of Richfield, and (ii) all such policies,
rules and procedures shall be uniformly applied to all persons receiving Health Services
.
.
from Bloomington, whether residents of Richfield, Bloomington, or any other municipality.
4 (>~~
Richfield agrees to adopt the same policies, rules, and procedures as are from time to time
adopted by Bloomington, if determined by Richfield to be necessary or desirable to
facilitate or regulate the provision of Health Services by Bloomington to residents of
Richfield pursuant hereto.
6. Richfield agrees to pay Bloomington, for the provision of Health Services
pursuant hereto, amounts and on terms as follows:
a. The annual sum of $178,701 shall be paid in quarterly payments of
$44,675.25 to Bloomington within fifteen (15) days of the receipt by Richfield of each of the
reports to be given pursuant to Paragraph 5.B hereof, subject, however, to the provisions
of Paragraph 5.G hereof.
b. On April 15, July 15, and October 15, 2007 and on January 15, 2008,
Bloomington shall send Richfield a statement, certified by the person in charge of
Bloomington's Division of Public Health as being true and correct, and covering the period
of three (3) calendar months preceding the month in which the report is given, and setting
forth, in such detail as Richfield shall reasonably require, the numbers of persons served,
the kinds of Health Services delivered, the locations where such services were delivered,
and such other information as Richfield shall reasonably request.
c. No payment or payments need be made by Richfield under this Agreement
while Bloomington is in default under any of the terms and conditions hereof.
7. In the event Richfield desires to inspect the financial books and records of
Bloomington related to the providing of Health Services hereunder by Bloomington,
Bloomington shall make its financial books and records available at the Bloomington City
Hall for inspection and copying by Richfield, or any agent, employee, or representative of
Richfield, at reasonable business hours.
8. It shall be the sole responsibility of Bloomington to determine the qualifications,
functions, training, and performance standards for all health service personnel who render
. Health Services under this Agreement; provided, however, that Bloomington agrees that all
.
.
such personnel shall be capable, trained professionals.
.
.
.
~ c-y
9. Bloomington's Division of Public Health will communicate with Richfield relative
to Health Services to be performed hereunder by Bloomington, such communication to be
in the form of reports, conferences, or consultations, as the respective Richfield
departments shall request. All reports relating to the providing of Health Services that are
given by Bloomington's Division of Public Health to the Bloomington City Council or to the
City Manager during the term of this Agreement shall also, and at the same time, be given
to Richfield.
10. Bloomington also agrees to send to Richfield an annual report describing the
activities performed and Health Services rendered pursuant to this Agreement. Such
report shall be in such detail and form as Richfield may reasonably request. The annual
report shall be sent with and in addition to the last quarterly report acquired by Paragraph
5.B hereof. Also, at Richfield's request, made not more than two (2) times during the term
of this Agreement, responsible administrative officers of Bloomington's Division of Public
Health shall attend meetings of the Richfield City Councilor appropriate board or
commission to answer questions and give further information relative to the activities
performed and Health Services rendered under this Agreement.
11. Bloomington hereby agrees to maintain in force its present policy of
comprehensive general liability insurance in compliance with Minnesota Statutes, Section
466, and professional liability coverage in the amount of one million dollars ($1,000,000)
per occurrence and one million dollars ($1,000,000) in aggregate for the term of this
contract. Said policy shall be with an insurance company authorized to do business in
Minnesota. If requested, the City of Bloomington will provide a certificate of insurance
evidencing such coverage.
12. Bloomington shall further require personal medical malpractice insurance
coverage by its physicians and other health professionals with whom Bloomington has a
contract for professional services.
13. This Agreement shall be for a period of from January 1, 2007, to December 31,
2007, provided that either party may terminate the same by one hundred twenty (120)
days written notice to the other. Upon such termination, all obligations and liabilities of the
.
.
.
~ c.,.:;'
parties hereunder shall cease and terminate, except the provisions of Paragraph 12 hereof
shall continue and survive such termination. Also, in the event of termination pursuant
hereto, the quarterly payment next due shall be prorated and paid for only the period
ended on the date of termination, and Bloomington shall' send to Richfield, within thirty (30)
days after such termination, a report in the form of, and in lieu of, the annual report
required by Paragraph 9 hereto, and Richfield shall pay such reduced quarterly payment
for the period ended on the date of termination, within fifteen (15) days after receipt of both
such reports.
14. Bloomington and Richfield understand and agree that each of them shall apply
and qualify, independently and separately, for any and all grants, matching funds, and
payment of all kinds from state, federal, and other governmental bodies relating to, or for
the provision of, any or all of the Health Services, and any and all such grants, matching
funds, and payments shall belong to the recipient and be used and applied as the recipient
thereof shall determine, without regard to this Agreement.
15. All notices, r~ports, or demands required or permitted to be given under this
Agreement shall be in writing and shall be deemed to be given when delivered personally
to an officer of the party to which notice is being given, or when deposited in the United
States mail in a sealed envelope, with registered or certified mail, postage prepaid thereon,
addressed to the parties at the following addresses:
To Bloomington: 1800 West Old Shakopee Road
Bloomington, Minnesota 55431
Attention: City Manager
To Richfield:
6700 Portland Avenue South
Richfield, Minnesota 55423
Attention: City Manager
Such addresses may be changed by either party upon notice to the other party given as
herein provided.
16. The parties agree to comply with the following laws and regulations:
a Richfield agrees to comply with the Americans With Disabilities Act and
agrees to hold harmless and indemnify the City of Bloomington from costs, including but
.
.
L\ (-to
not limited to damages, attorney's fees and staff time, in any action or proceeding brought
by third parties alleging a violation of ADA by Richfield. Bloomington agrees to hold
harmless and indemnify Richfield from costs, including but not limited to damages,
attorney's fees and staff time, in any action or proceeding brought by third parties alleging
a violation of ADA by Bloomington. The City of Bloomington does not discriminate on the
basis of disability in the admission or access to, or treatment or employment in, its
services, programs, or activities. Bloomington has designated coordinators to facilitate
compliance with the Americans With Disabilities Act of 1990 (ADA), as required by
Section 35.107 of the U.S. Department of Justice regulations, and to, coordinate
compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section
8.53 of the U.S. Department of Housing and Urban Development regulations. For
information contact the Human Services Division, City of Bloomington, 1800 Old West
Shakopee Road, Bloomington, Minnesota 55431; telephone (952) 563-8700; TTY: (952)
563-8740.
b. The parties agree to comply with the Minnesota State Human Rights Act,
Minnesota Statutes, Section 363.
17. Non-AssiQnment. The parties agree that this Agreement shall not be
assignable except at the written consent of both parties.
18. Scope of AQreement. This Agreement represents the entire Agreement
between Richfield and Bloomington and supersedes and cancels any and all prior
agreements or proposals, written or oral, between the parties relating to the subject matter
hereof; and amendments, addenda, alterations, or modifications to the terms and
conditions of this Agreement shall be in writing and signed by both parties.
19. Richfield will comply with all applicable provisions of the Minnesota Government
Data Practices Act, Chapter 13 of the Minnesota Statutes.
20. Both parties shall defend, indemnify, and hold harmless the other party, its
. officials, employees, volunteers and agents, from any and all claims, causes of action,
lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting
from either party's (including its officials, employees, volunteers or agents) performance of
.
.
.
L4 C"'1
the duties required under this Agreement, provided that any such claim, damages, loss or
expense is attributable to bodily injury, sickness, disease, or death or to injury to or
destruction of property including the loss of use resulting therefrom and is caused by any
negligent act or omission or willful misconduct of either party including its officials, agents,
volunteers or employees. Liability shall be governed by the provisions of the Municipal
Tort Claims Act, Minnesota Statutes, Chapter 466.
21. Bloomington and Richfield agree to submit all claims, disputes and other
matters in question between the parties arising out of or relating to this Agreement to
mediation. The mediation shall be conducted through the Mediation Center, 1536 Hewitt
Avenue, St. Paul, Minnesota 55104. The parties hereto shall decide whether mediation
shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be
non-binding. In the event mediation is unsuccessful, either party may exercise its legal or
equitable remedies and may commence such action prior to the expiration of the
applicable statute of limitations.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed and their corporate seal to be affixed hereto the day and year first above written.
CITY OF BLOOMINGTON:
Dated:
By:
Its Mayor
Dated:
By:
Its Manager
Reviewed and approved by the City
Attorney.
City Attorney
Dated:
CITY OF RICHFIELD:
By:
Its Mayor
Dated:
By:
Its Manager
.
.
.
AGENDA SECTION:
AGENDA ITEM #
REpORT #
CONSENT
4D
11
......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
JANUARY 9, 2007
REpORT PREPARED By:
MARK HALL, FLEET AND PARK
SUPERVISOR
NAME, TITLE
COUNCIL PRESENTER: .
DEPARTMENT DIRECTOR
REVIEw:
El--~
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the purchase of two Community Service Officer (CSO) pickup trucks.
1.
RECOMMENDED ACTION:
By Motion : Approve the purchase of two Chevrolet Colorado pickup
trucks from Thane Hawkins Polar Chevrolet in the sum of $40,180.00
for the Community ,Service Officer's (CSO's) in the Public Safety
Division.
.
I II. BACKGROUND I
Unit9999, a 1999 Ford Ranger pickup, and unit 2224, a 2002 Ford ExplorerSUV
are vehicles used by the Community Service Officers of the Public Safety Division.
These vehicles are fully depreciated and are scheduled for replacement in the year
2007. It has been determined that two pickup trucks would be better utilized in the
service to the Community, than the SUV's as the SUV has hauling limitations,
rendering it inadequate in many instances.
I III. BASIS OF RECOMMENDATION
010907 CSOPickups
.
IA.
POllCY I
. Thane Hawkins Polar Chevrolet is on the State contract for mid-sized
pickup trucks.
. The City of Richfield participates in the Minnesota State Cooperative
Purchase Program.
I B. CRITICAL ISSUES I
. Approval at the January 9, 2007 Council meeting will facilitate delivery
of the new CSO vehicles.
I c. FINANCIALI
. The approved 2007 budget contains $53,000.00 for this purchase.
. The balance of the funds will be used for two-tone painting, toppers,
police equipment and graphics.
. Funding for these vehicles will be from tax levy and the Central
Garage fund.
I D. LEGAL I
. When the purchase price of materials, merchandise, equipment, or
construction exceeds $25,000.00, authority to purchase shall be
submitted to the City Council for consideration.
. I IV. ALTERNATIVEREcOMMENDATION(S) I
. Council may delay approval toa later meeting. Delayed approval, however,
will result in delayed. delivery.
. No action by Council on this purchase will eventually compromise safety for
theCSO's driving these vehicles.
I V. ATTACHMENTS
. None
I VI. PRINCIPAL PARTIES EXPECTED ATMEETING
. None
.
.
.
.
AGENDA SECTION:
AGENDA ITEM #
REpORT #
CONSENT
4E
12
~
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
JANUARY 9, 2007
REpORT PREPARED By:
MARK HALL, FLEET AND PARK
MAlNTENANCESUPERVISOR
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
13/~
REVIEWED BY CITY
MANAGER:
if
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the purchase of two new squad cars.
I. RECOMMENDED ACTION:
By Motion: Approve a purchase order to Elk River Ford in the sum of
$43,610.84 for two new squad cars.
I II. BACKGROUND I
Two full size sedans (Unit 2331, a 2003 Crown Victoria, and unit 2433, a 2004
Crown Victoria), being used by the Public Safety Department are scheduled to be
replaced in 2007. These units are fully depreciated and will be replaced with Ford
Crown Victoria's. Unit 2331 is a patrol car and unit 2433 is an unmarked sergeant's
car. Purchase of the new vehicles has been coordinated through the State of
Minnesota Cooperative Purchasing Program.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. Elk River Ford. has the state contract . on the Minnesota. State patrol
cars.
010907squads
.
.
.
#
. The City of Richfield participates in the Minnesota State Cooperative
Purchasing Program.
I B.
CRITICAL ISSUES I
. Approval at the January 9, 2007 Council meeting will facilitate delivery
of the new squad cars.
I C. FINANCIAL I
. The approved 2006 budget contains $54,000 forthis purchase.
. One set of manuals is $202.35 with tax.
. Upon delivery of the vehicles, charges for transfer of police equipment
such as radios and logo applications will be deducted from the
remainingfunds budgeted forthis purchase.
. Funding for these vehicles isin the Garage 2006 budget. .
I D. LEGAL I
. When the purchase of materials, merchandise, equipment, or
construction exceeds $25,000, authority to purchase shall be
submitted to the City Council for consideration.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Council may delay approval toa later meeting. Delayed approval, however,
will result in delayed delivery.
. No action by Council on this purchase will eventually compromise safety for
police officers driving old squad cars.
I V. ATTACHMENTS
. None
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None
.
.
.
AGENDA SECTION:
AGENDA ITEM #
REpORT #
CONSENT
4F
13
.......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
JANUARY 9, 2007
REpORT PREPARED By:
BRIAN YOUNG, UTILITY SUPERINTENDENT
NAME, TITLE
COUNCIL PRESENTER:
NAME, TIlLE
DEPARTMENT DIRECTOR REVIEW:
REVIEWED By CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the award of contract for the Water Plant Chemical Feed System
Modifications Proiect.
I.
RECOMMENDED ACTION:
By Motion: Approve the bid minutes and tabulation and award of
contract to Shank Construction, Inc. for the total bid amount of
$406,640 for the construction of the Chemical Feed System
Modifications Project.
I II.
B~K~OUND I
Replacement of the recarbonation and lime feed systems was included in the 2006 $6.08
million water and wastewater bond. The low bidder (see the attached bid tabulation) for
the contract to perform the work was Shank Construction with a bid of $406,640.
New environmental regulations require that lime be transferred with a "closed" system
that prevents large amounts of lime dust from escaping into the air. The new pneumatic
supply system meets the new standard. The new standard goes into effect January 1,
2007. The City's lime supplier has received a variance to use the old system untilthe .
new system is in place within the next several months. The polymer feed system is being
replaced at the same time the lime feed system is replaced.
0109ChemicalFeed
I III.
During the design process for the recarbonation basin, City staff and the consulting
engineering firm of Bonestroo, Rosene, Anderlik & Assoc. Inc discovered that a
different feed system for the carbon dioxide would allow the use of the existing basin
without enlarging it. This adjustment in the treatment process will not be noticed by the
consumer and will result in significant savings, approximately $400,000.
BASIS OF RECOMMENDATION I
I A. POLICY I
. A bid opening was held on December 20, 2006.
. Shank Constructors, Inc. was the lowest responsible bidder and is an
established contractor that meets all of the City's requirements.
.
I B.. CRITICAL ISSUES I
. The current process allows the recarbonation water to complete its
process down stream in the filters, which shortens the life of the media in
the filters.
. If the project is not approved, the City will have to switch to another lime
supplier causing the City's costs for lime to increase.
. A delay in the Chemical Feed System Modifications Project will increase
costs.
.
I C.
FINANCIAL I
. At the April 25, 2006 City Council Meeting, Council approved the sale of
$6,080,000 G.O. Water and Sewer Revenue Bonds, Series 2006A, for
capital improvements at the Water Plant.
. Proceeds from the G.O. Water & Sewer Bonds, will fund the Chemical
Feed Modifications Project.
I D. LEGAL I
. Allcontracts or purchases in excess of $25,000 require Council approval.
. All contracts or purchases over $50,000 require sealed bids to be
solicited by public notice.
I IV.. ALTERNATIVE RECOMMENDATION(S) I
. Council could reject all bids and instruct staff to re-advertise
. Council may choose to take no action at this time.
I V. ATTACHMENTS
. Bid Minutes and Tabulation
. Bid Evaluation from Bonestroo
. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None
_hemical Feed System Modifications
Richfield Water Treatment Facility
Project No. 000673-06118-0; Bid No. 06-06
CITY OF RICHFIELD, MINNESOTA
Bid Opening 4. F - I
December 20, 2006
2:00 p.m.
Pursuant to requirements of Resolution NO.1 015, a meeting of the Administrative Staff was called by Nancy Gibbs, City
Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for Chemical Feed
System Modifications, as advertised in the official newspaper on December 7,2006.
Nancy Gibbs, City Clerk
Brian Young, Utility Superintendent
Doris Swanson, City Manager Representative
The following bids were submitted and read aloud:
Present:
Name Magney Construction Inc. Rice Lake Shank Constructors
Construction Group
Bid Bond Presented Presented Presented
Total Base Bid $274,200 $243,400 $217,920
Alternate No. 1 $39,500 $47,500 $25,920
End Suction Pump
Alternate No. 2 $22,000 $39,000 $18,790
Chemical Feed Pumps
Iternate NO.3 $24,600 $43,400 $26,140
Sample Pump
Alternate NO.4 $54,500 $73,000 $50,890
Polymer Feed System
Alternate No. 5 $123,800 $151,000 $100,390
Carbonic Acid Feed System
Alternate NO.6 $11,900 $12,750 $51480
Exterior Obi Doors to Lime
Silo Room
Alternate NO.7 $15,300 $11,600 $9,600
Painting of Silos & Lime Feed
EQuipment
Alternate No. 8 $9,300 $9,500 $7,300
Painting of Lime Silo Room
Alternate No. 9 $9,900 $14,900 $6,040
New Floor In Lime Silo Room
Alternate No. 10 $3,800 $4,100 $4,330
CleaninQ of RetaininQ Wall
_.he City Clerk announced that the bids would be tabulated and considered at the January 9, 2007 City Council
~eeting.
Nancy Gibbs
City Clerk
, ;t
.
't;
~
..
c::
<U
.!2
.!2
:S
ill
:S
~
1::
..
<>
s
~
..
.c::
0
w
.~
w
0
M
....
<0
0
. 0 <3
0
0 "
Z ..
c
.!!! ;:
u:: 0
:;E
Ii
0
III 0
c N
~ iti
<U r.D
u
~ '" 0
:0 0
0> N
0 <0 O'
:E N
0 N
E ~
.& z ..
tJ .D
., E
I/) ~ ..
c <>
." 0 ..
.. U 0
..
LL '"
iG (J "0
U '"
'E ..
<0 C
.. <;> "0
J: ..
co ;:
() 0
Qi 0 0,
E c
'" Z 'c
Z "0 ..
05 c.
tJ 0
.. U "0
'e- Q) 05
0- "e-
O-
z.
(J
. .;J QJB
ClJ.;5 1ii .~
'~r: ~'u 'E
c:5('OSl<
~g~< -;
~~~!
u
.s
c
.2
.., U
o 2
Z iii
t c
." 0
." ()
in ~
c
c:o
co
:E
c
.2
U
N 2
0,0
zc~
;8 e
.".."
"'''''
_iiij
..
u
ii:
e
o
oe:;
~.E
.. III
." c
." 0
in~
c
co
J:
(/)
iO
'0
I-
..
.~
a..
'c
:J
iO
'0
I-
..
.~
a..
'c
:J
u
.s
iO
'0
I-
..
.!:!
~
'c
:J
CJ
!!
'c
:J
Z
o
!i
...J
:J
III
<
l-
e
iii
I-
~;'i e
w...J iii
E 1-0-
..en 0 ~
=:g~;'i ~
1ll0U)u).
w'UJzt-...-
(/) w.o Z I-
<LL_W~
1ll...J~:::;;<
';}S,1~0-
'--u..O...J
lr~8g:;:
~13~~g
E E
.. '"
:!::z
00
00
od
00
N N
-i-i
........
N N
~ <It
o
o
o
o
N
-i
....
N
~
00
00
dci
00
... ...
MM'"
.......
NN
.... ...
o
o
o
o
...
M
...
N
....
00
00
od
NN
0>0>
~~..
NN
.... ...
o
o
o
N
0>
,..:
~
N
....
U)
...J
o
o
o
o
'"
al
'"
....
o
o
~
al
'"
....
o
o
o
o
'"
,..:
...
~
o
o
o
o
'"
,..:
...
....
o
o
o
N
0>
.c
N
....
o
o
o
N
0>
lli
N
....
U)
...J
o
o
o
o
o
N
'N.
....
o
o
o
o
o
N
N
....
o
o
o
o
o
al
'"
~
o
o
o
o
o
al
'"
....
o
o
o
0>
....
cO
;;
o
o
o
0>
....
r.D
~
....
U) U)
...J ...J
o
o
o
o
co
-i
N
....
o
o
o
o
co
-i
N
....
o
o
o
o
...
M
...
....
o
o
o
o
...
M
...
....
o
o
o
...
co'
N
....
o
o
o
;!
r.D
N
....
Wf/lP
o
o
o
o
"'.
...
'"
....
o
o
o
o
co
M
N
;;
o
o
o
o
"<
,..
~
....
o
o
o
o
"<
;;
o
o
o
'"
....
N
....
o
o
o
'"
....
N
~
....
o
o
o
co
...
.c
....
o
o
o
co
...
lli
~
U)
...J
o
o
o
o
'"
lli
~
....
o
o
o
o
'"
lli
;;
o
o
o
o
~
;;
o
o
o
o
~
;;
o
o
o
o
co
al
....
o
o
o
o
co
al
....
U)
...J
o
o
o
o
'"
al
....
o
o
o
.0
'"
al
....
o
o
o
o
'"
al
....
o
o
o
o
'"
al
~
o
o
o
o
'"
,..:
....
o
o
o
o
'"
,..:
....
U)
...J
o
o
o
o
0>
al
...
o
o
o
o
0>
al
....
o
o
o
o
"<
;!
....
o
o
o
o
0>
-i
;;
o
o
o
...
o
r.D
....
o
o
o
...
o
r.D
....
U)
...J
0- W U) WU)
~ U) ...J 0 wz:::;;z
~ 0 < 0 III ~ ~Q ~Q
.. Z ~ tlJ Z ~ ill 6 <3 5 ~ 2 t; ~ t; l) ~
I/)QO LL.Q:J LL~ <z 0 oU) OW rrw c>0
:E I-!!:! ...J I- 0- '" rr U U - rr . < 0 U) 0 U) Z W
WU~ <UW"'WW zO O~C>I-OC>Z Oz -iI:
~:JU UW...JN~U) OW - zzo>z- ...J- z-
CU)W ~U)O-~~Z alU: rroo~wo>~o LLO<l;3 .
-00- z~~~- _- wz~ozw ~ww
al U) W-~Z50 ~u xrr-~z-u: >u: ...JO-
w~U) ~g~~O-!!:!;}~wo~~Q~<3 ~.~ ~=
~.<( '-'I-'~ 'U) '~'Ol-'W 'w 0<(
z~,(i:' N!:!::rf'}U~utnCl) <O(fJ,....wuooQ. o>D..oT"""-J
~d~Nd~dmdW d<(odWdo~dU) dU)od...Jo
~ Z:J NZ O-Z Z Z fu Z ~ ~ Z ~ Z W Z Z ~ . Z ~ 8l Z ~ ~
~wa..T"""WW-W-W~ wW_,w~wW-w wO-W'T"""
<l-rr~l-lI)~ol-~ 1-~~f-OI-LLDf-:::;;O. f-~OOI-C>O
.<wz<<<w< <>-z<I-<WW< < z<Zz
N Z I- 0 Z U) z iI: z.::i: . z U) 0 Z II) z.~ u: z 0 Z 0 <( z Z 0
I-ffi8~ffio-ffi<3ffi~coffio~ffirrffi~<3ffirroffirroffi<(~
~I-OUI-~I-WI-U)~I-WUI-81-0wI-9gI-921-I-u
~~~m~~~i~t~~~~~c~;'i~~~8~~~~~m
N
'"
...
'"
o
o
o
o
'"
-i
'"
....
o
o
o
o
o
",'
....
....
o
o
o
o
co
M
N
~
...
o
o
o
o
o.
~
'"
~
....
o
o
o
o
o
M
....
....
o
o
o
o
o.
U;
;;
o
o
o
0>
'"
ci
o
;;
o
o
o
0>
co
ci
'"
....
o
o
o
0>
co
ci
'"
....
o
o
o
0>
'"
ci
o
;;
U)
...J
U)
...J
co
....
co
0>
~
::
o
o
o
o
co
ri
...
;: ;: ~
.g.g-8-_~
E .. ('(I '" .. .Q
'E8ff.l':tt
o =t a 5" cO _~
U<2121.!!Jo
('Qm:lu...
;:;:0-
o
"
E
o
I-
o
o
o
o
co
M
...
o
o
o
o
...
....
;: ;: ~
.g.g~~
EN,romCV..Q
'Eoff.l':tt
o :;', 55 cO ~
u<2121.!!Jo
roco:lu...
~~O-
.:.
al
o
"
E
{?
o
o
o
o
~
-i
~
o
o
o
'"
"1
...
....
;: ;: ~
. ~ ~~ ~
'~~ff~U;
8~5gro~
.$.$.!!Jo
~,~ cr u.
o
"
E
o
I-
o
o
o
'"
"'.
...
...
U)
...J
e
c
o
U
:r:
.:: 0 ~
Z (f) Q) en C
W Q) E c. ('(I
~~J:~ .,-g
:; tL-o ~ 'li; ~ tf
g -g ~~E ~.-~ ~
~"'~LL:>.l':2<(
o ~ g tii 0- ~ 0 ..>!
;t8~'~ ~tm~
:Eo.o::.c ('(1'0.2>",=
.:,rrl.LUCIlO-oC).,
~LL.NOt,t)COCOO[
~~,~~ ~.~ ~ ~.~
~'aJ-r'-"-..-,'-"-W
.,
x
;-:
al
o
CO
~
W
o
.'"
....
<0
o
o
o
.
u C
..5 ..5
c iG w
~ '0 E
M c~
0 u. l- f'~-~
Z S
Iii UI ",E_
c co co 2
'0 0 :::;.c_
'0 0 " (J C
iii >. .!:! 0
" n. (J
c 19
'" 'c 0
.. I-
:;; ::)
u
c ..5
.5:1 Ul
ii ",<Ii
U '0 .S; E
.~~ co Q)
I- 0 iii
c ::s ~~~
o 0 0000
o ~
..0 '5, ;.
'0'" .. E C
iii.:l u ~8
.::
.. a.. (J~
u 'c
ii: ;:) I-
U
U E
.5 ii <Ii
Ii '0 E
- 2 I- ~
0 u (3(3$
Z E
~ (/)(Jg
Q) UI
..., C C
'0 0 " 0
.- 0 U (J
CD... ~
C c.. ~
.. -
.c 'c l-
V) ::)
5
.l2
'c
;:)
Ci
z
i=
III
::; '"
z It: B
0 0 c:
~ I- 0
(.) 0
..J E ~ E
;:) ~ .&
CD l-
e:( Z ~
I- 0 (/)
. c 0 "0
iii III Q)
::::l Q)
III "-
-.r O)~
C .-
I- g>; E
C::'5..5_~
~O:&.(J
E E
.. ::s
='Z
o ,....
E ;;;
C III
,2 1.0
~"Oz
iii~~
c::o::c
8~*
~~ ~
c ~_ c:
g'-~ ~
:::;~(J
Q.
::s
.0
<'3
CN~
.Q.or-"<$"
~ ~~::
iiia:z
5C:::;
u ,5 -
(1)0'0
~C,.)g
..JO~
~--~ ~
ii:gjo
<")
c.i :
.E. ~
~ z
~Z::2
g~-i
tn. <( co
g=~
(J Ii) >-
.,::,:-cQ :i.
t: ~ 0
.~ ~ e
(/)<")m
in
'"
~'
"0
~.
"0
C
..
Q)
E
..
z
.s
<>
!!'
C
o
(.)
4F--1
Q)
"'-:to) E
f'o... I"'-- >. ~
lOtOQ) I-
"'-"-.c: .
.J.-_~ g'E"O ~
~!;;~~5}-
NN-c'~~~
e e~a:m -0
"E Q)
O>.CO en ..... ~
or- '..- c: - c:. .c
1.0 0 0 'CD t-
Ll) ""'Q)U _
cD cO -' '00-0 0
oo:t<o:t-;2?c:~
_lD 1.0 cu,Q.; 0
co&)-g~~-~
N&~>iiiO
N
~
m
Q)
O(Y')~ ~
ooc. J::
MMctI I--
~~V5_"Oo
~~=i.~ g~
MM ~'iii.m ,0>
coco 'C l!:! :2 c
t:;:./'-wo..mO
~-~_~~~i::-c'-g
... u. .......- ..0)
,g- ~I--B'g
a. 5, Jl~
en :Qg
m...
<>
<(
..
"0
C
Q)
"0
"0
<(
.!!J
x
...:
Q)
g
~
co
o
<"l
/'-
<t>
o
o
o
.
AGENDA SECTION:
AGENDA ITEM #
REPORT #
PUBLIC HF..ARINGS
6
14
........
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
JANUARY 9, 2007
REpORT PREPARED By:
MELISSA POEHLMAN, PLANNING &
ZONING ADMINISTRATOR
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
.
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a conditional use permit to allow loe Child Care Preschool Center to operate
as an accessory use at 7101 Nicollet Avenue (Church of New Life).
I. RECOMMENDED ACTION:
Conduct and close a public hearing and by motion: Recommend
approval of a conditional use permit to allow accessory day care
facilities serving up to 75 children to operate as an accessory use at
7101 Nicollet Avenue (Church of New Life).
I II. BACKGROUND I
loe Child Care Preschool Center (loe Child Care) has operated out of 3536
Nicollet Avenue South in Minneapolis for the past 13 years. Along with the Church
of New Life, loe Child Care recently relocated to 7101 Nicollet Avenue in Richfield.
This property, like all churches in Richfield, is zoned R (Single-Family Residential).
Licensed day care facilities serving more than 12 persons are a conditional use in
. this district.
loe Child Care is requesting permission to operate a day care facility as an
accessory use within the Church of New Life. The day care is proposed to operate
010907 - 7101 Nicollet CUP
.
Monday - Friday from 6:30 a.m. to 6:00 p.m., and serve between 75 and 100
children.
.
No changes are proposed for the design of the property.
I III. BASIS OF RECOMMENDA nON I
I A. POLICY I
Day care facilities serving more than 12 persons are a conditional use in the R
District. The findings necessary to issue a conditional use permit (CUP) (546.05,
subd.6) are as follows:
a) The proposed use is consistent with the goals, policies, and objectives of the
City's Comprehensive Plan. This requirement is met. The property is
designated as "Quasi-Public", which is consistent with a church and
accessory day care facility.
b) The proposed use is consistent with any officially adopted redevelopment
plans or urban design guidelines. This requirement does not apply, as there
are no official redevelopment plans for this site.
c) The proposed use is or will be in compliance with the performance
standards specified in Section 541 of this code. This requirement is not
met.
i. Exterior lighting. This requirement is met. No lighting changes are
proposed.
ii. Off-street parking. Parking requirements for day care facilities are
calculated based on a one stall per five children ratio. The current parking
areas are not striped; however, based on parking stall dimensional
requirements 19 stalls are available on site. A day care facility serving 100
children requires 20 stalls, in addition to stalls required for the Church itself.
According to the applicant, only one day care employee drives a personal
vehicle to work every day. The remaining employees commute either by
public transit or carpool and are dropped off. Pastor Nero of the Church of
New Life has stated that church staff uses three parking stalls between the
hours of 6:30 a.m. and 6:00 p.m. All other church activities are held after
6:00 p.m. or on the weekend. Staff believes that limiting the day care facility
to 75 children (15 parking spaces) is more appropriate for this site based on
the parking limitations. As a conditional use permit runs with the land and
not the particular business or activity, it is important to consider that the use
of alternate means of transportation may not always be a characteristic of the
persons employed at this location.
iii. Landscaping and screening. Parking lots adjacent to residential
properties are required to be set back 15 feet from adjacent residential
parcels. This requirement is not met at either the south or east lot lines. This
set back is not possible if the current parking is to be maintained. To the
east, the parking is separated from the adjacent residential parcels by an
alley. To the south, the parking lot is separated from the nearest single-
family home by a vacant lot owned by the Church. Staff proposes adding a
stipulation to the resolution stating that if at any time the vacant lot to the
south is sold or is redesigned in any way, the required buffer yard and
screening shall be installed.
.
.
iv. Underground utilities. This requirement does not apply.
v. Exterior treatment of buildings. This requirement does not apply.
vi. Screening mechanical equipment. This requirement is met.
d) The proposed use will not have undue adverse impacts on governmental
facilities, utilities, services, or existing or proposed improvements. This
requirement is met.
e) The use will not have undue adverse impacts on the public health, safety, or
welfare. This requirement is met. Limiting the day care facility to the service
of 75 children will ensure that parking does not exceed lot capacity and spill
into the adjoining residential neighborhood.
f) There is a public need for such use at the proposed location. This
requirement is met.
g) The proposed use meets or will meet all the specific conditions set by this
code for the granting of such conditional use permit. See below.
Day care facilities serving more than 12 persons are conditional uses in the R
District, as specified in Section 521.07, Subdivision 2 ofthe Zoning Code. This
section of the Zoning Code specifies 4 requirements for a CUP to be issued for a
day care facility serving more than 12 persons, as follows:
.
a) The day care shall abut a collector or arterial street if it is NOT an accessorv
use. This requirement does not apply. The proposal is an accessory use.
b) Parkin!:! lot and screenin!:! requirements shall be met. This requirement is not
met as explained above.
c) Desi!:!nated pick-up and drop-off areas shall be located on the site. This
requirement is met. Pick-up and drop-off shall take place at the northeast
entrance utilizing the three parking stalls available at that location.
d) Outdoor play areas shall be set back at least 15 feet from any lot line which
abuts a residential parcel. This requirement does not apply. No outdoor
play area is proposed.
lB.
CRITICAL ISSUES I
. The site has been in use as a church for close to 50 years.
. The last building addition was approved by the Council in 1964.
. On-site parking at this location is limited.
. To ensure the safety of the children and avoid overflow parking on
adjacent residential streets, the number of children served should be
limited to 75.
. Peak parking demands for the church and school will not overlap.
. Should the vacant lot to the south ever be sold or redesigned, the
required parking lot screening and buffering shall be installed in order to
project the adjacent residential homes.
. Neighbors have expressed concerns about cars blocking the alley during
the pick-up/drop-off process. To address this concern, the Planning
Commission requested the addition of a stipulation prohibiting the
blocking of the alley at any time. Zoe Child Care is amenable to this
condition and will work to ensure that the alley remains accessible. This
will be accomplished through a combination of education and staff
.
.
.
.
I c.
supervision, or if needed the re-routing of pick-up and drop-off activities to
the south parking lot.
FrnANc~L I
. The required conditional use permit processing fee has been paid.
!n.
LEGAL I
. 60-DA Y RULE: 60 day clock 'started' when complete application was
received on December 6, 2006. A decision must be given to the
applicant by February 4, 2007, 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.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Approve the conditional use permit with additional or modified stipulations.
. Deny the conditional use permit.
IV.
ATTACHMENTS
. Resolution
. Proposed site plan
. Surrounding zoning & land use maps
I VI. PRINCIP AL PARTIES EXPECTED AT MEETrnG
. Ms. Annie McClure, applicant
.
lo-I
RESOLUTION NO.
RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT TO ALLOW
ACCESSORY DAY CARE FACILITIES SERVING UP TO 75 CHILDREN AT
7101 NICOLLET AVENUE
WHEREAS, an application has been filed with the City of Richfield which requests a
conditional use permit for the operation of an accessory day care facility on land generally
located at 7101 Nicollet Avenue, legally described as:
Lots 18 to 24 Incl., Block 2, Sheldon Blairs Wooddale 4th Addition.
WHEREAS, the Planning Commission of the City of Richfield has recommended
approval of this requested conditional use permit at 7101 Nicollet Avenue at its December
19, 2006 meeting, and
WHEREAS, this requested conditional use permit at 7101 Nicollet Avenue meets
those requirements necessary for issuing a conditional use permit as specified in
Richfield's Zoning Code, Section 546.05, Subd.6; and
WHEREAS, the City has fully considered the request for approval of the conditional
use permit. .
.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. A conditional use permit is issued for an accessory day care facility serving up to
75 children, as described in City Council Staff Report No. , on the Subject
Property legally described above.
2. This conditional use permit at 7101 Nicollet Avenue is subject to the following
conditions in addition to those specified in Section 521.07 Subdivision 2 of the
City's Zoning Ordinance:
. That the parking lot be striped in accordance with the approved site plan,
on file with the Community Development Department by May 1 , 2007.
. That the public alley to the east of the property remain accessible at all
times and not be used for the pick-up and/or drop-off of children.
. That the sale or redesign of the vacant lot at 7129 Nicollet Avenue shall
trigger the requirement to install the required parking lot buffers and
screening. _.
. That the recipient of this conditional use permit record this resolution with
the County, pursuant to Minnesota Statutes Section 462.36, Subdivision 1
and Richfield Zoning Code 546.05, Subdivision 7.
3. The conditional use permit shall remain in effect for so long as conditions
regulating it are observed, and the conditional use permit shall expire if normal
operation of the use has been discontinued for 12 or more months, as required
by the Zoning Ordinance, Section 546.05, Subd. 9.
Adopted by the City Council of the City of Richfield, Minnesota this 9th day of
January, 2007.
.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
010907 - 7101 Nicollet CUP
.
.
~
"
~
(!J
~
::>
IX)
V)
~
:::>
<:(
.
[p,- ~
CUP FOR DAY CARE
- 7101 NICOLlET AV.ENlJE'-
! 71 ST ST.
i
i
[
I
I
I
!
I
I
I
I
I
,
I
!
I
I
I
I
r I
3~'
I~
II
I
I
II
Ii
i'
i!
iI
II
Ii
II
'1
Ii
Ii
:1
iJ
II
I-
,1
'I
II
II
"
I'
I
so'
I
+
I-
Lu
-J,LU
-I.
a>
u<1
-
Z,
@ r~:~~~~7~~4' ~.:.".:.:<:<<.,,~~11---
I-
i~
I
!f1
~
~I
I
I
I
I
I
r
.
hi
>
'<l
I-
,lU
,-I
-J
o
LAWN
>-
lU
..J
I -J I
I <{ ,
,
.. ,
\)..
+
iYl
t.u
z'
-'
-l
)-
t-
Ol
lU
0..
0,
ct.,
a..
......................
::::::::::::::::::::::~ 1-_....__."~_..."'----;-1.---.1
. ---L._--.._.!~.....~~L~.~. ___..____..J
+1
_I ~PARr<ING LOT
[ iJlJr~=~IrIIJ1~:
, ~
ig~ _ _VACANT LOT :
'--,
SCALE: 1"= 40'
-$-
N
'2- e. 0'
(p -<3
7101 Nicollet Ave S - CUP 12/06
Surrounding Zoning
R R R R
R ~ "- R R
R R ~ ~"
R
R R
J ~ R\
R~ R
R
R J R , R
R I
71 st St
R R R
R R R
G)
~ R G) R R
..- ~
.!! R R R R
- ..-
0 tn
(.) R or- R R
.-
Z
R R R
/ R R R
R
/ R R R R
~
R R R I R
R R R R
R R R J R
R R V R
, 72ndS~
- >
- ~ R R
R R
"
R R R R
" K
R - Single-Family Residential
N
A
o 50 100
200
300
400
Feet
- -
(p,-
7101 Nicollet A e S - CUP 12/06
Surrounding Land Use
RES RES RES RES
RES ~ '- RES RES
RES RES t \'"
RES
RES RES
J ~ RES\
REst RES
RES
,
RES J RES RES
PRK /
71 st St
RES RES RES
RES RES RES
Q)
~ RES Q) RES RES
...., ~
~ CHURCH RES RES RES
- ....,
0 U)
CJ RES "I""' RES RES
.-
Z
RES RES RES
/ RES RES RES
/ PUB
RES RES RES RES
RES RES RES I RES
RES RES RES J RES
RES RES RES J RES
RES RES RY RES
- , 72nd s~
~
RE~ - R~ RES RES
RES
u.......
RE'" RES RES RES
Kt::> ~
N
A
RES - Single-Family Residential
PUB - Public
PRK - Park
o 50 100
200
300
400
Feet
- -
.
.
.
AGENDA SECTION:
AGENDA ITEM #
REpORT #
PUBLIC HEARINGS
7
15
......
STAFF REpORT
RICHFIELD
I
CITY COUNCIL MEETING
JANUARY 9, 2007
REpORT PREPARED By:
CORRINEH. THOMSON, CITY
ATTORNEY
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED By CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public hearing and second reading of a Transitory Ordinance authorizing the conveyance of
real property to Ryan Companies US, Inc.
I. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion: Approve the
attached Transitory Ordinance conveying real property to Ryan
Companies US, Inc.
I II.
BACKGROUND I
On July 11, 2006 the City Council approve(j Transitory Ordinance No. 18.40, which
authorized the sale of certain real properties to the Housing and Redevelopment
Authority (HRA) in connection with the Cedar Point Commons development project.
The Richfield HRA, in turn, authorized the conveyance of the land to Ryan
Companies US, Inc. for that development project. An eight-foot strip of land was
mistakenly omitted from Transitory Ordinance No. 18.40 but was included in the
deed of conveyance.
The proposed ordinance authorizes the conveyance of the eight-foot strip of land.
010907 PH and 2nd Reading Convey 8' to Ryan
I III. BASIS OF RECOMMENDATION I
.
IA. POLICY I
. The City Charter requires approval of land sales by ordinance.
lB. CRITICAL ISSUES I
. The eight-foot strip of land was mistakenly omitted from the Ordinance
authorizing the sale of properties for the Cedar Point Commons
development.
. The property in question has always been intended to be included in
the Cedar Point Commons development and is necessary to that
development.
. This is a housekeeping item because the HRA has already closed with
Ryan.
Ic. FINANCIAL I
. The sale of land will be made for nominal consideration, because the
land was intended to be included in the prior sale of the Cedar Point
development properties.
ID. LEGAL I
. . The City Council has previously approved agreements that
contemplated the conveyance of this property to the HRA and Ryan.
I IV. ALTERNATNE RECOMMENDATION(S)
. N/A
I V. ATTACHMENTS
. Transitory Ordinance
. Map
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. N/A
.
.
.
.
1--1
TRANSITORY ORDINANCE NO.
AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE DISPOSITION AND
CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY LOCATED IN THE CITY
OF RICHFIELD, COUNTY OF HENNEPIN,
STATE OF MINNESOTA
The City of Richfield Does Ordain:
Section 1.
The real property located in the City of Richfield, County of Hennepin, and legally
described as the North 8 feet of the South 25 feet of Lot 6, Block 3, Iverson's Third
Addition, is hereby authorized to be disposed of and conveyed by the City.
Section 2
The Mayor and City Manager are authorized to take all action as is required to transfer or
otherwise dispose of and convey the described real property to the Housing and
Redevelopment Authority in and for the City of Richfield or to Ryan Companies US, Inc.,
as may be appropriate, and any prior actions of city officers or employees in furtherance of
said sale are hereby approved and ratified.
Passed by the City Council of the City of Richfield, Minnesota this 9th day of January,
2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
010907 PH and 2nd Reading Convey 8' to Ryan
..
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
65th Street :
.
.
.
.
.
.
.
.
.
.
--
---
Tl.~~ lTl~thStrem
.
.
.
I
I
I
I
I
I
I
I
.
.
.
I
I
I
I
I
I
I
I
I
1-- d--
Taft Park
Property to be Conveyed
to Ryan Companies U.S., Inc.
CI)
:::J
c:
CI)
~
.c:
-
,....
"C"'"
CI)
:::J
c:
CI)
~
...
co
"
CI)
o
,....
,....
J:
....
-c-
N
A
.
Legend
....
. Corridor Outline
...
Created: December 6, 2006
Property to be Conveyed
o 115 230
- -
920
Feet
460
690
.
.
.
AGENDA SECTION:
AGENDA ITEM #
REpORT #
RESOLUTIONS
8
16
.....
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
JANUARY 9, 2007
REpORT PREPARED By:
BETSY OSBORN, ADMINISTRATIVE SUPPORT
SERVICES MANAGER
NAME, TITLE
COUNCIL PRESENTER:
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW: lEI
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Council consideration of a disciplinary hearing and resolutions regarding civil enforcement for
alcohol establishments in Richfield that recently underwent alcohol compliance checks,
conducted by Richfield PublicSafety staff, and failed by selling alcohol to underage youth.
1.
RECOMMENDED ACTION:
By Motion: Conduct a disciplinary hearing for the establishment that
failed alcohol compliance checks and approve the attached
resolution for the first time violating establishment:
. Suspending the license to sell alcohol for five (5) consecutive
days, and;
. Levying a fine against the establishment in the amount of $1,000
and;
. Requiring a meeting with the Public Safety Director to present a
written plan to ensure eliminating any future actions of this kind,
and;
. Requiring a manager to attend an alcohol compliance and sales
awareness presentation conducted by a private firm, approved by
Public Safety with all costs to be paid by the establishment.
0109Alcohol Compliance Violators
Conduct a disciplinary hearing for the establishment that failed
alcohol compliance checks and approve the attached resolution for
the second time violating establishment.
. Suspending the license to sell alcohol for seven (7) consecutive
days, and;
. Levying a fine against the establishment in the amount of $1,750
and;
. Requiring a meeting with the Public Safety Director to present a
individual establishment plan to ensure eliminating any future
actions of this kind, and;
. Requiring a manager to attend alcohol compliance and sales
awareness presentation conducted by a private firm, approved by
Public Safety, with all costs to be paid by the establishment.
.
I II.
BACKGROUND I
On October 5, 2006 Richfield Public Safety staff conducted alcohol compliance
checks at all of Richfield's alcohol establishments, assisted by three underage youth
that were 18 and 19 years of age. These compliance checks were the second
compliance checks conducted in 2006. Richfield Public Safety staff made
arrangements for the minors to enter the establishments with undercover police
officers. In two instances, an underage youth was served alcohol.
.
The businesses that made a sale to an underage youth on October 5, 2006 is:
. Don Pablo's - 980 W. 78th Street
. Kwik Way Foods - 7701 Portland Avenue South
This is a first offense for Don Pablo's. Technically it is a third violation, but because
of the time that has elapsed between now and the previous violation on August 7,
2000, it is considered a first violation.
This is a second offense for Kwik Way Foods. Technically, it is a fifth violation, but
because of the time that has elapsed between now and the previous violations, it is
considered a second violation. Their last violation occurred on November 9, 2004.
At no time did any of the minors consume any of the alcohol. The youth presented
their IDs and at no time attempted to convince anyone that they were of legal age.
Establishments were visited at a variety of times, busy or not busy, in an effort to
determine if busy times produced more successful buys. It doesn't appear to have
made a difference at either time.
.
After each attempt, successful or unsuccessful, the officers identified themselves to
the clerks and issued them a citation if they failed. If the underage youth was
unsuccessful in securing alcohol, the clerk was congratulated by officers for doing a
good job. The employee that sold alcohol will be charged criminally in court. The
action being taken today is for civil enforcement and penalties against the
businesses that hold a license to sell alcohol within the City.
.
The fines being recommended at this time are intended to recover 100% of the
costs for conducting the compliance checks and to penalize the businesses
punitively. Compliance checks will continue to occur in the future. It is also
recommended that 15% of the punitive fines be designated for future alcohol and
tobacco education efforts within the community.
.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. Resolution No. 9511 specifies certain improper conduct of alcohol
license holders and delineates the progressive discipline that can be
expected when violations occur, such as the sale of alcohol to minors.
. Staff recommends that the City Council suspend the first time violating
establishment's license to sell alcohol for five (5) consecutive days
and levy a fine against the establishment in the amount of $1 ,000 for
the first violation. Staff is also proposing that the first time violating
establishment attend a mandatory meeting with the Public Safety
Director to discuss and present a written plan to ensure eliminating
any future actions of this kind. In addition, one employee, preferably
the manager, must attend a mandatory alcohol and sales awareness
training session, provided by a private firm approved by Public Safety.
The cost of the training is to be paid for by the establishment.
. Staff recommends that the City Council suspend the second time
violating establishment's license to sell alcohol for seven (7)
consecutive days and levy a fine against each establishment in the
amount of $1 ,750 for the second violation. It is further recommended
that second time violating establishments be required to meet with the
Public Safety Director and to also conduct a mandatory alcohol and
sales awareness training session with all of their employees. A
private firm approved by Public Safety, with all costs of the training to
be paid by the establishment will provide this training.
I B. CRITICAL ISSUES I
. It is a violation of Minnesota State Statute and City ordinance to sell
alcohol to underage youth.
. Civil enforcement penalties taken in the past by the City Council
against several establishments have been severe. This was done to
send a message to the establishments and the community that the
Council will not tolerate this type of violation to continue in the
community and that Richfield youth and their well-being are highly
valued.
. Citizen representatives of the Richfield Advisory Board of Health
support severe actions against establishments in an effort to protect
the youth of the community and to send a message that youth and
their well-being are a high priority in this City.
.
.
.
.
I C. FINANCIAL I
. All costs of conducting compliance checks will be reimbursed through
the fines that are levied against an establishment for failing an alcohol
compliance check.
. Furthermore, 15% of the punitive fines are designated for future
alcohol and tobacco educational efforts within the community.
I D. LEGAL
. N/A
I IV. ALTERNATIVE RECOMMENDATION(S) I
. The Council could decide to take no action against the establishment
for the sale of alcohol to a minor, which would result in no disciplinary
action against th~ establishment. This would, however, send a
message to the community that children and their well-being are not
a priority in Richfield.
. The Council may consider taking more or less severe action against
the establishment that sold alcohol to underage youth; however, that
would deviate from the guidelines set for progressive discipline in
Resolution No. 9511.
Iv.
ATTACHMENTS I
. Resolution for Don Pablo's Discipline
. Resolution for Kwik Way Foods Discipline
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING I
. Representatives from the establishment are expected to be in
attendance at the meeting. They have been notified in writing
regarding the City Council meeting date.
.
.
.
~-I
RESOLUTION NO.
RESOLUTION SUSPENDING THE ON-SALE INTOXICATING AND SUNDA V LIQUOR
LICENSE FOR DON PABLO'S, 980 W. 78TH STREET, AND IMPOSING A CIVIL
PENAL TV FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE
WHEREAS, Don Pablo's, ("Licensee") holds an On-Sale Intoxicating and Sunday
Liquor License from the City of Richfield; and
WHEREAS, on October 5, 2006, the City of Richfield Public Safety Department
conducted a compliance check of the Licensee's establishment; and, during the
compliance check, an employee of the Licensee sold alcohol to a minor and;
WHEREAS, this is technically the third alcohol compliance check failure but due to
the time that has elapsed between now and the previous failure, it serves as a first failure.
Their previous failure was on August 8,2000.
WHEREAS, the Licensee appeared before the Richfield City Council on January 9,
2007 and admitted the violation and stipulated to the suspension and penalty imposed by
this resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield
as follows:
1. The Licensee's On-Sale Intoxicating and Sunday Liquor licenses are hereby
suspended for a period of five (5) consecutive days, commencing on a date to be
determined by the Public Safety Director, but to take place within 30 days of their
Council appearance.
2. A civil penalty of $1 ,000 is hereby imposed. On or before February 9,2007, the
Licensee shall deliver a check or money order payable to the City of Richfield in the
amount of $1,000.
3. Meet with the Director of Public Safety by February 9, 2007 to present a written
action plan to ensure future compliance.
4. One staff member, preferably the manager, must attend an alcohol compliance and
sales awareness presentation conducted by a private firm, approved by Public
Safety, with all costs to be paid by the establishment.
Passed by the City Council of the City of Richfield this 9th day of January 2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
.
.
.
~-J.-
RESOLUTION NO.
RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT
LIQUOR FOR KWIK WAV FOODS, 7701 PORTLAND AVENUE SOUTH, AND
IMPOSING A CIVIL PENAL TV FOR SECOND TIME ALCOHOL COMPLIANCE
FAILURE
WHEREAS, Kwik Way Foods, ("Licensee") holds an Off-Sale 3.2 Percent
Intoxicating Malt Liquor license from the City of Richfield; and
WHEREAS, on October 5, 2006, the City of Richfield Public Safety Department
conducted a compliance check of the Licensee's establishment; and, during the
compliance check, an employee of the Licensee sold alcohol to a minor and;
WHEREAS, this is technically the fifth alcohol compliance check failure, but
because of the time that has elapsed between now and the previous failure, it serves as a
second failure. Their previous failure was on November 9, 2004.
WHEREAS, the Licensee appeared before the Richfield City Council on January 9,
2007 and admitted the violation and stipulated to the suspension and penalty imposed by
this resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield
as follows:
1. The Licensee's On-Sale Intoxicating and Sunday Liquor license are hereby
suspended for a period of seven (7) consecutive days, commencing on a date to be
determined by the Public Safety Director, but to take place within 30 days of their
Council appearance.
2. A civil penalty of $1,750 is hereby imposed. On or before February 9,2007, the
Licensee shall deliver a check or money order payable to the City of Richfield in the
amount of $1 ,750.
3. Meet with the Director of Public Safety by February 9,2007 to present a written
action plan to ensure future compliance.
4. One staff member, preferably the manager, must attend an alcohol compliance and
sales awareness presentation conducted by a private firm, approved by Public
Safety, with all costs to be paid by the establishment.
Passed by the City Council of the City of Richfield this 9th day of January 2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
.
.
.
AGENDA SECTION: RESOLUTIONS
AGENDA ITEM # 9
REpORT # 17
......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
JANUARY 9, 2007
REpORT PREPARED By:
BETSY OSBORN, SUPPORT SERVICES
DIVISION MANAGER
NAME, TInE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Council consideration of a disciplinary hearing and resolution regarding civil enforcement for
an establishment in Richfield that underwent tobacco compliance checks that were conducted
b Richfield Public Safet staff, and failed b sellin tobacco to undera e outh.
I.
RECOMMENDED ACTION:
By Motion: Conduct a disciplinary hearing and approve the attached
resolution with the option of either
. suspending the license to sell tobacco for up to 60 days,
. or revoking the license to sell tO,bacco for one year, and
. levying a fine against the establishment in the amount of $1,000
for a fourth time violation.
Staff is recommending revocation of their license as this is the
second time they have had a fourth failure. Technically, it is a fifth
failure but due to the stepback option, it is considered their fourth.
In June of 2005, Portland Amoco appeared before the City Council
and at that time had their license suspended for 3 months and paid a
$1,000 fine.
0109 Tobacco Compliance Violators
I II.
BACKGROUND I
On September 21,2006, Richfield Public Safety staff conducted tobacco
compliance checks at all of the establishments in Richfield that sell tobacco. They
were assisted by three underage youth that were 16-17 years of age. These
compliance checks were the first checks conducted in 2006.
.
On the above date, the police division made arrangements for the minors to enter
the establishments with undercover police officers. In one instance, tobacco was
sold to underage youth.
The business that sold tobacco to underage youth on September 21,2006 is:
. Portland Amoco '- 6545 Portland Avenue South
This is a fourth offense for Portland Amoco. Technically, it is a fifth offense;
however, due to the step back option (two consecutive compliance check passes), it
is considered a fourth offense. Previous failures occurred on May 21,2003,
November 25, 2003, May 25, 2004, and May 12, 2005.
.
At no time did any of the minors use the tobacco products. The youth presented
their ID's, if requested, and at no time attempted to convince anyone that they were
of legal age. Establishments were visited at various times, busy or not busy, in an
effort to determine if busy times produced more successful buys. It doesn't appear
to have made a difference at either time.
After each attempt, successful or unsuccessful, the officers identified themselves to
the clerks and issued a citation if they failed. If the underage youth was
unsuccessful in purchasing tobacco, the clerk was congratulated by officers. The
employee that sold tobacco will be charged criminally in court. The action being
taken today is for civil enforcement and penalties against the businesses that hold a
license to sell tobacco within the City.
The fines being recommended a~ this time are intended to recover 100% of the
costs for conducting the compliance checks and to penalize the businesses
punitively. Compliance checks will continue to occur during 2006. It is also
recommended that 15% of the punitive fines be designated for future tobacco and
alcohol education efforts within the community.
.
I III. BASIS OF RECOMMENDA nON I
I A. POLICY I
· Richfield City Code Section 1146 specifies certain improper conduct of
tobacco license holders and delineates the progressive discipline that
can be expected when violations occur, such as the sale of tobacco to
minors.
· Staff is recommending that the City Council revoke their license to sell
tobacco for one year, levying a fine against the establishment in the
amount of $1000.
.
.
.
lB.
CRITICAL ISSUES I
· It is a violation of Minnesota State Statute and City ordinance to sell
tobacco to underage youth.
· Citizen representatives of the Richfield Advisory Board of Health
support severe actions against establishments in an effort to protect
the youth of the community and to send a message that youth and
their well-being are a high priority in this City.
I C. FINANCIAL I
· All costs of conducting compliance checks will be reimbursed through
the fines that are levied against an establishment for failing a tobacco
compliance check. Furthermore, 15% of the punitive fines are
designated for future tobacco and alcohol educational efforts within
the community.
I D. LEGAL
. N/A
I IV. ALTERNATNE RECOMMENDATION(S) I
· The Council could decide to take no action against the establishments for the
sale of tobacco to a minor, which would result in no disciplinary actions
against the establishments. This would, however, send a message to the
community that children and their well being are not a priority in Richfield.
· The Council may consider taking more or less severe action against the
establishments that sold tobacco to underage youth; however; that would
deviate from the guidelines set for progressive discipline in City Code 1146.
I V. ATTACHMENTS
. Resolution for Portland Amoco
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING I
· A representative from the establishment is expected to be in attendance at
the meeting. They have been notified in writing of this requirement.
.
.
q-I
RESOLUTION NO.
RESOLUTION REVOKING THE TOBACCO LICENSE FOR ONE YEAR, WITH THE
OPTION TO SUSPEND THE LICENSE FOR UP TO 60 DAYS, FOR PORTLAND
AMOCO, 6545 PORTLAND AVENUE SOUTH, AND IMPOSING A CIVIL PENALTY FOR
FOUTH TIME TOBACCO COMPLIANCE FAILURE
WHEREAS, Portland Amoco ("Licensee") holds a license to sell tobacco products
within the City of Richfield; and
WHEREAS, on September 21, 2006, the City of Richfield Public Safety Department
conducted a compliance check of the Licensee's establishment, and during the compliance
check, an employee of the Licensee sold tobacco to a minor; and
WHEREAS, this is technically their fifth failed tobacco compliance check; however,
due to the step back option, it is considered their fourth offense; and
WHEREAS, the City Council has the option of suspending the license for up to 60
days or revoking the license for one year from the date of their Council appearance, with a
fine of $1,000; and
WHEREAS, the Licensee appeared before the Richfield City Council on January 9,
2007 and admitted the violation and stipulated to the suspension and penalty imposed by
this resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield
as follows:
1. The City Council chooses to impose the following suspension and fine for Portland
Amoco:
· Suspend the license for days; or
· Revoke the license for one year from the date of their Council appearance.
2. A civil penalty of $1,000 is hereby imposed on Portland Amoco. On or before February
9,2007, the Licensee shall deliver a check or money order payable to the City of
Richfield in the amount of $1 ,000.
Passed by the City Council of the City of Richfield this 9th day of January 2007.
Debbie Goettel, Mayor
ATTEST:
. Nancy Gibbs, City Clerk
.
AGENDA SECTION:
AGENDA ITEM #
REpORT #
RESOLUTIONS
10
18
....
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
JANUARY 9, 2007
REpORT PREPARED By:
PAM DMYTRENKO
ASSISTANT TO THE CITY MANAGER
NAME, TITLE
COUNCIL PRESENTER:
REVIEWED BY CITY .....J
MANAGER: Ulf
. ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution approving an amendment to the 2006-07 labor agreement with
the Police Supervisors LELS Local 162.
.
I. RECOMMENDED ACTION:
By Motion: Adopt the resolution designating an increase in the City's
contribution toward health and dental insurance premiums and a 3%
salary increase, effective January 1" 2007, plus an additional .5%
increase effective the first full pay period in July 2007 for Police
Supervisors Local 162.
I II. BACKGROUND I
City staff has completed labor negotiations with the Police Supervisors LELS Local
162 (Union) for the contract re-openers (Article 17 - Insurance and Article 24 -
Salary) of its 2006-2007 contract, subject to Council approval. The Union includes
12 Police Supervisory positions: 8 Sergeants, 3 Lieutenants and 1 Captain.
0109PoliceSupervisors
.
The tentatively approved settlement includes the following changes:
1. Waoes
A 3% across-the-board wage increase, effective January 1,2007, with an additional
.5% increase effective the first full pay period in July 2007.
2. Insurance
An increase to the Employer health insurance contribution for contract year 2007
which provides full coverage for single Employee, $705 per month for Employee
plus spouse or Employee plus child(ren) coverage, and $750 per month for
Employee plus family.
.
The Employer contribution for the Employee single dental insurance increased from
$30 to a maximum of $32 per month.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. The City has met and negotiated in good faith with the Union and its
representatives and is bound under the Public Employer's Labor
Relations Act to meet and bargain over the terms and conditions of
employment.
. The proposed settlement for the re-opener provisions is one of three
union settlements for 2007 before the Council on January 9th and is
identical in wages and health and dental insurance provisions to non-
union City employees. The City has a long. history of providing the
salary increase and same level of health and dental insurance
contributions to all eligible City employees and strives to maintain that
equity.
. The wage settlement and health insurance increase is well within the
range for other comparable bargaining groups in similar metro cities.
I B. CRITICAL ISSUES I
. In order to allow the City's accounting personnel to modify payroll
records in a timely manner for 2007 benefits, it is recommended that
the City Council act on January 9, 2007 to adopt the attached
resolution providing for contract changes, effective January 1,2007.
I C.
FINANCIAL I
. Up to a maximum $50 per employee increase in the City's contribution
, towards health insurance coverage.
. Up to a maximum of $2 per employee increase in the City's
contribution towards single dental insurance coverage.
. 3% wage increase effective January 1, 2007 with an additional .5%
increase effective the first full pay period in July 2007.
.
.
.
.
ID.
LEGAL I
. If the terms of this agreement are not approved, further negotiation
and/or mediation will be necessary.
I IV. ALTERNATIVEREcOMMENDATION(S) I
. Do not approve the terms of this agreement and prepare for further
negotiation and/or mediation.
. Defer discussion to another date.
I V. ATTACHMENTS
. Resolution
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None
.
.
.
ID-\
RESOLUTION NO.
RESOLUTION DESIGNATING CITY'S CONTRIBUTION
TOWARDS HEALTH AND DENTAL INSURANCE PREMIUMS
AND SALARY INCREASE FOR EMPLOYEES COVERED BY THE
POLICE SUPERVISORS LOCAL 162
WHEREAS, the City of Richfield and Police Supervisors Local 162 signed a
bargaining agreement covering a two year period from January 1, 2006 through December
31, 2007; and
WHEREAS, the labor agreement covers all terms and conditions of employment
including the City contribution for health insurance benefits and salary schedule; and
WHEREAS, Article 26.2 of the labor agreement provides for either party to amend the
provisions in Article 17 - Insurance and Article 24 - Salary; and
WHEREAS, the City has historically provided the same salary increase and level of
health and dental insurance contributions to all eligible City employees, both union and non-
union; and
WHEREAS, the City desires to maintain such a position of equity; and
WHEREAS, the City Council is required to determine by resolution the City's
contribution toward the premium for employee group insurance coverage and salary
increases.
NOW, THEREFORE, BE IT RESOLVED that the City shall contribute a maximum of
$705 per month for employee plus spouse or employee plus child(ren) health insurance
coverage, and $750 per month for family health insurance, and in any event, said
contributions shall not exceed the cost of single coverage for employees selecting that option.
Such contributions shall be for coverage effective January 1, 2007; and
BE IT FURTHER RESOLVED that the City shall contribute a maximum of $32 per
month for employee single dental insurance. Such contribution shall be for coverage
effective January 1, 2007; and
BE IT FURTHER RESOLVED that the City shall implement a salary schedule, which
provides a 3% increase in wages, effective January 1, 2007, with an additional .5% increase
effective the first full pay period of July 2007.
Adopted by the City Council of the City of Richfield, Minnesota this 9th day of January
2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
.
AGENDA SECTION:
AGENDA ITEM #
REpORT #
RESOLUTIONS
11
19
.....
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
JANUARY 9, 2007
REpORT PREPARED By:
PAM DMYTRENKO
ASSISTANT TO THECITY MANAGER
NAME, TiTLE
COUNCIL PRESENTER:
REVIEWED BY CITY
MANAGER:
. ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution approving modifications to the 2006,.07 labor agreement with the
Law Enforcement Labor Services, Inc. Local 225 (911 Dispatchers),
I.
RECOMMENDED ACTION:
By Motion: Adopt the resolution designating modifications to the
insurance and vacation leave provisions for the law Enforcement
labor Services, Inc. local 225 (911 Dispatchers).
I II.
B~K~OillID I
City staff completed labor negotiations with the Law Enforcement Labor Services,
Inc. Local 225 (Union) for the contract re-opener provision (Article 17 - Insurance)
of its 2006-2007 contract. Local 225 represents nine 911 Dispatch employees.
Included in the negotiations was an agreement to amend the vacation .leave
provision to allow employees to use accrued vacation leave after the successful
complet,ion of six months of employment.
.
2007 wages for this contract were previously established in 2006 at the rate of 3%
effective January 1,2007, with an additional .5% the first full pay period in July
2007.
Subject to Council approval, the tentatively approved settlement provides a $50
increase to the Employer health insurance contribution for contract year 2007,
which provides full coverage for single Employee, $705 per month for Employee
0109Dispatchers
I III.
plus spouse or Employee plus child(ren) coverage, and $750 per month for
Employee plus family. The Employer will increase its contribution to a maximum of
$32 per month for Employee individual dental coverage.
BASIS OF RECOMMENDATION I
I A. POLICY I
. The City has met and negotiated in good faith with the Union and its
representatives and is bound under the Public Employers' Labor
Relations Act to meet and bargain over the terms and conditions of
employment.
. The proposed settlement for the re-opener provision is one of three
union settlements for 2007 before the Council on January 9th and is
identical in health and dental insurance provisions to non-union City
employees. The proposed settlement is also well within the range for
other comparable bargaining groups in similar metro cities.
. The proposed contract language modification regarding vacation leave
is similar to the use of such leave by non-union employees.
.
lB.
CRITICAL ISSUES I
. In order to allow the City's accounting personnel to modify payroll
records in a timely manner for 2007 benefits, it is recommended that
the City Council act on January 9, 2007 to adopt the attached
resolution providing for contract changes, effective January 1,2007.
.
I C. FINANCIAL I
. Up to a maximum of $50 per employee increase in the City's
contribution towards health insurance coverage
. Up to a maximum of $2 per employee increase in the City's
contribution towards single dental insurance coverage.
I D. LEGAL I
. If the terms of this agreement are not approved, further negotiation
and/or mediation will be necessary.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Do not approve the terms of this agreement and prepare for further
negotiation and/or mediation.
. Defer discussion to another date.
I V. ATTACHMENTS
. Resolution
.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None
.
.
.
J J-I
RESOLUTION NO.
RESOLUTION DESIGNATING CITY'S CONTRIBUTION
TOWARD HEALTH AND DENTAL INSURANCE PREMIUMS
AND VACATION LEAVE MODIFICATION
FOR EMPLOYEES COVERED BY THE
LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL 225
WHEREAS, the City of Richfield and Law Enforcement Labor Services, Inc. Local 225
signed a bargaining agreement covering a two year period from January 1, 2006 through
December 31, 2007; and
WHEREAS, the labor agreement covers all terms and conditions of employment
including the City contribution for health insurance benefits and salary schedule; and
WHEREAS, Article 25 of the labor agreement provides for either party to amend the
provisions in Article 17-lnsurance; and
WHEREAS, the City has historically provided the same level of health and dental
insurance contribution to all eligible City employees, both union and non-union;.and
WHEREAS, the City desires to maintain such a position of equity; and
WHEREAS, the City Council is required to determine by resolution the City's
contribution toward the premium for employee group insurance coverage; and
WHEREAS, the City has also determined to make a language modification to the
vacation leave provision.
NOW, THEREFORE, BE IT RESOLVED that the City shall contribute a maximum of
$705 per month for employee plus spouse or employee plus child(ren) health insurance
coverage, and $750 per month for family health insurance, and in any event, said
contributions shall not exceed the cost of single coverage for employees selecting that option.
Such contributions shall be for coverage effective January 1, 2007; and
BE IT FURTHER RESOLVED that the City shall contribute a maximum of $32 per
month for employee single dental insurance. Such contribution shall be for coverage
effective January 1, 2007; and
BE IT FURTHER RESOLVED that the City shall amend Article 14 Section 1 to allow
employees to use accrued vacation leave after the successful completion of six months of
employment.
Adopted by the City Council of the City of Richfield, Minnesota this 9th day of January
2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
.
AGENDA SECTION:
AGENDA ITEM #
REpORT #
RESOLUTIONS
12
20
.......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
JANUARY 9, 2007
REpORT PREPARED By:
PAM DMYTRENKO ASSISTANT TO
THE CITY MANAGER
NAME, TITLE
COUNCIL PRESENTER:
REVIEWED BY CITY
MANAGER:
. ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution approving an amendment to the 2006-2007 labor agreement with
the International Union of OoeratinQ EnQineers Local 49.
I. RECOMMENDED ACTION:
By Motion: Adopt the resolution designating an increase in the City's
contribution toward health and dental insurance premiums and a 3%
salary increase, effective January 1, 2007, plus an additional .5%
increase effective the first full pay period in July 2007, for the
International Union of OperatinQ Engineers Local 49.
I II. BACKGROUND I
City staff has completed labor negotiations with the International Union of Operating
Engineers Local 49 (Union) for the contract re-openers (Article 26 Health Insurance
and Article 31 Wages) of its 2006-2007 contract, subject to Council approval. The
Union includes Public Works Workers, Community Service Workers, Water Plant
Operators, Water Plant Mechanics, Automotive Mechanics, Assistant Facility
Operator and Leadworkers. There are approximately 41 employees represented in
this unit.
.
0109Local49
The tentatively approved settlement includes the following changes:
.
Waoes
A 3% across-the-board wage increase, effective January 1, 2007, with an additional
.5% increase effective the first full pay period in July 2007.
Insurance
A $50 increase to the Employer health insurance contribution which provides full
coverage to single Employee, $705 per month for Employee plus spouse or
Employee plus child(ren) coverage, and $750 per month for Employee plus family.
.
The Employer contribution for the Employee single dental insurance increased from
$30 to a maximum of $32 per month.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. The City has met and negotiated in good faith with the Union and its
representatives and is bound under the Public Employer's Labor
Relations Act to meet and bargain over the terms and conditions of
employment.
. The proposed settlement for the re-opener provisions is one of three
union settlements for 2007 before the Council on January 9th and is
identical in wages and health and dental insurance provisions to non-
union City employees. The City has a long history of providing the
salary increase and same level of health and dental insurance
contributions to all eligible City employees and strives to maintain that
equity.
. The wage settlement and health insurance increase is well within the
range for other comparable bargaining groups in similar metro cities.
lB. CRITICAL ISSUES I
. In order to allow the City's accounting personnel to modify payroll
records in a timely manner for 2007 benefits, it is recommended that
the City Council act on January 9, 2007 to adopt the attached
resolution providing for contract changes, effective January 1,2007.
I C.
FINANCIAL I
. Up to a maximum $50 per employee increase in the City's contribution
towards health insurance coverage.
. Up to a maximum of $2 per employee increase in the City's
contribution towards single dental insurance coverage.
. 3% wage increase effective January 1, 2007 with an additional .5%
increase effective the first full pay period in July 2007.
.
.
.
.
ID.
LEGAL I
. If the terms of this agreement are not approved, further negotiation
and/or mediation will be necessary.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Do not approve the terms of this agreement and prepare for further
negotiation and/or mediation.
. Defer discussion to another date.
I V. ATTACHMENTS
. Resolution
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None.
.
.
.
Id-l
RESOLUTION NO.
RESOLUTION DESIGNATING CITY'S CONTRIBUTION
TOWARDS HEALTH AND DENTAL INSURANCE PREMIUMS
AND SALARY INCREASE
FOR EMPLOYEES COVERED BY THE
INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 49
WHEREAS, the City of Richfield and International Union of Operating Engineers Local
49 signed a bargaining agreement covering a two year period from January 1, 2006 through
December 31 , 2007; and
WHEREAS, the labor agreement covers all terms and conditions of employment
including the City contribution for'health insurance benefits and salary schedule; and
WHEREAS, Article 36 of the labor agreement provides for either party to amend the
provisions in Article 26, Insurance and Article 31, Wages; and
WHEREAS, the City has historically provided the same salary increase and level of
health insurance contribution to all eligible City employees, both union and non-union; and
WHEREAS, the City desires to maintain such a position of equity; and
WHEREAS, the City Council is required to determine, by resolution, the City's
contribution toward the premium for employee group insurance coverage and salary
increases.
NOW, THEREFORE, BE IT RESOLVED that the City shall contribute a maximum of
$705 per month for employee plus spouse or employee plus child(ren) health insurance
coverage, and $750 per month for family health insurance, and in any event, said
contributions shall not exceed the cost of single coverage for employees selecting that option.
Such contributions shall be for coverage effective January 1, 2007; and
BE IT FURTHER RESOLVED that the City shall contribute a maximum of $32 per
month for employee single dental insurance. Such contribution shall be for coverage
effective January 1, 2007; and
BE IT FURTHER RESOLVED that the City shall implement a salary schedule,
effective January 1, 2007, which provides a 3% increase in wages, with an additional .5%
increase effective the first full pay period in July 2007.
Adopted by the City Council of the City of Richfield, Minnesota this 9th day of January
2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
.
..
~>.
AGENDA SECTION:
. AGENDA ITEM #
REpORT #
OTHER BUSINESS
13
21
.......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
JANUARY 9, 2007
REpORT PREPARED By:
KRIsTIN,ASHER, ASSISTANT CITY
ENGINEER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED By CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a Purchase Agreement between the City and James & Marlene Zalesky
(owner of Zaleskv Printinq), as part ofthe 66th Street & Portland Avenue Intersection Proiect.
I. RECOMMENDED ACTION:
By Motion: Authorize the Mayor and City Manager to execute the
proposed Purchase Agreement between the City of Richfield and
James & Marlene Zalesky for the acquisition of the property located
at 6613 Portland Avenue.
I II. BACKGROUND I
Zalesky Printing Inc. located at 6.613 Portland Avenue has been identified as a
required total acquisition in order to proceed with the 66th Street and. Portland
Avenue Intersection Project.
Staff has negotiated with the property owner to reach a proposed purchase
agreement, acceptable and reasonable, for the taking of this property. The
proposed settlement offer of$344,000 represents $334,000 for real estate and
$10,000 for fixtures. It also avoids any risk and costs associated with litigation. The
dosing is tentatively scheduled for May 30, 2007.
0109Zaleskyagreement
.
..
~.
I III. BASIS OF RECOMMENDATION I
I. A. POLICY I
. This property has been identified as necessary to be acquired for the
66th StreetandPortland Avenue Intersection Improvement Project.
. Right of way acquisition procedures set forth by the Minnesota
Department of Transportation and the Federal Highway
Administration are being. followed.
lB.
CRITICAL ISSUES I
. All right-of-way needed for the project must be acquired by the City
before September 2007.
Ic.
. FINANCIAL I
. Funding for the purchase of this acquisition will be provided by
- Hennepin County funds using Community Works Funds.
ID.
LEGAL I
. The City attorneys have overseen the right of way acquisition process
and.will be available to answer any questions.
I IV. ALTERNATIVEREcOMMENDATION(S) I
. Do not authorize the Mayor and City Manager to enter into proposed
Purchase Agreement and direct staff on how to proceed.
I V. ATTACHMENTS
. Proposed Purchase Agreement
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING I
. James & Marlene Zalesky, owners of property to be acquired.
.
.
t.
J3~1
Commercial
PURCHASE AGREEMENT
THIS AGREEMENT is made as of this day of , 200~, by and between
JamesA. Zalesky and MarleneK. Zalesky, a married couple, ("Seller") and the,~City of Richfield, a
public body corporate and politic under Minnesota law ("City"or"Buyer").
RECITALS
A. Seller is the owner of property located at 6613 Portland Avenue South, Richfield,
Minnesota, which is legally described as follows ("Subject Property"):
Lot 34, Auditor's Subdivision No. 340, Hennepin County, Minnesota
B. There is no personal properly included in the sale.
AGREEMENT
1. Offer/Acceptance for Sale of Property~ The Seller agrees to sell to the City the
Subject Property. and the City agrees to purchase the same, . according to the terms of this
Agreement.
2.
Purchase Price for Property and Terms.
A.
PURCHASE PRICE: The total Purchase Price for the Subject. Property is Three
Hundred Forty-Four Thousand and NollOOths Dollars ($344,000.00). (This
figure represents $334,000.00 for the real estate and $10,000.00 for the fixtures
listed on the attached list).
B. TERMS:
(1): EARNEST MONEY. The'sum of Five Thousand Dollars ($5,000.00)
Earnest Money shall be paid by the Buyer to the Seller. Said amount
shall be held.in the Seller's attorneys' trust account and may be released
to the Seller at Closing.
(2): BALANCE DUE SELLER: Buyer agrees to pay by check or electronic
transfer of furids on the Closing Date any remaining Balance Due
according to the terms of this Purchase Agreement.
(3): DEED/MARKETABLE TITLE: Subject to performance by Buyer, Seller
agrees to execute and deliver a Warranty Deed conveying
marketable title to the Subject Property to Buyer, subject only to the
following exceptions:
a.
Building and zomng laws, ordinances, state and federal
13-~
.
regulations;
b.
Reservation of minerals or mineral rights to the State of
Minnesota, if any.
c.
Public utility and drainage easements of record which will not
interfere with Buyer's intended use of the Subject Property.
(5): DOCUMENTS TO BE DELIVERED AT CLOSING BY SELLER. In
addition to the Warranty Deed required at paragraph 2B(4) above, Seller
shall deliver to the Buyer:
a. Standard form Affidavit of Seller.
b. Abstract of title, if available.
c. ~ A "bring-down" certificate, certifYing that all of the warranties made
by Seller in. this Purchase Agreement remain true as of the date of
closing.
d. Certificate that Seller is nota foreign national.
.
e.
INTENTIONALLY OMITTED.
f. If an environmental investigation by or on behalf of the Buyer
discloses the existence of petroleum product or other pollutant,
contaminant or other hazardous substance on the Subject
Property, either (i) a. closure. letter from the Minnesota
Pollution Control Agency (MPCA) or other appropriate
regulatory authority that remediation has been completed to the
satisfaction of the MPCA or other authority; or (ii) Agreement for
remediatio:h!indemnification and security as the City may require.
g. Well disclosure certification, ifrequired, or, if there is no well. on the
Subject Property, the Warranty Deed given pursuant to paragraph
2B( 4) above must include the following. statement: "The Seller
certifies that the Seller does. not know of any wells on the described
. real property."
h. Any other documents reasonably required by the City's title
insurance company or attorney to evidence that title to the
. Subject Property is marketable and that Seller has complied with
the terms of this Purchase Agreement.
t.
1.
The documents described or referred to ill Exhibit A attached
hereto.
2
.
-
t.
~.. /3-3
3.
Contingencies..Buyer's obligation to buy is contingent upon the following:
a. Buyer's determination of marketable title pursuant to paragraph 2(4) of this
Agreement.
b. Buyer's determination, in its sole discretion, that the results of the
environmental investigation under this Agreement are satisfactory to
Buyer; and
Buyer shall.have until thirty (30) days prior to the Date of Closing to. remove the foregoing
contingencies. The contingencies are solely for the benefit of Buyer and may be waived by Buyer.
If Buyer or its attorney. gives written notice to Seller that the contingencies are duly satisfied or
waived, the Buyer and Seller shall proceed to close the transaction as contemplated herein. If.
however, one or more contingencies is not satisfied, or is not satisfied on time, and is not waived,
this Purchase Agreement shall thereupon be void at the written option of Buyer, Seller shall return
the Earnest Money to Buyer, and Buyer and Seller shall execute and deliver to each other the
termination of this Purchase Agreement. As a contingent Purchase Agreement, the termination of
this Agreement is not required pursuant to Minnesota Statutes, Section 559.21, et. seq. This
Purchase Agreement will only become valid upon the approval of the City Council. of City.
4. Title Examination/Curing Title Defects. The City shall, at its expense and
within a reasonable time after Seller's acceptance of this Agreement, obtain a commitment for title
insurance ("commitment") for the Subject Property. The City shall have ten (10) business
days after receipt of the commitment and executed Purchase Agreement to examine the same and
to deliver written objections to title, if any, to Sellers or City's right to do so shall be deemed
waived. Sellers shall have until the Closing Date (or such later date as the parties may agree
upon) to make title marketable, at the Seller's cost. In the event that title to the Subject Property
cannot be made marketable or is not made marketable by the Sellers by the Closing. Date, then,
this Agreement may be terminated at the option of the Buyer. At Closing, Seller shall surrender
to the City all abstracts oftitle to the Subject Pmperty.
5. Environmental Investigation. Buyer and its agents shall have the right to enter
upon the Property after the date of this Purchase Agreement for the purpose of inspecting and
surveying the Subject Property and conducting such environmental examination and tests as
Buyer deems necessary. Buyer agrees to indemnify the Seller against any liens, claims, losses, or
damage occasioned by Buyer's exercise of its right to enter and work on the Subject Property.
Buyer agrees to.provide Seller with a copy of any report as. a result of such examination and
tests.
3
.
.
t.
13-L{
6. Real Estate Taxes and Special Assessments. Real estate taxes payable in 2007
shall be pro-rated between the Buyer and Seller to the date of closing. Seller shall pay all real estate
taxes payable in previous years, the entire unpaid balance of special assessments, and all
installments of special. assessments levied .and pending, including special assessments payable after
the year of closing. Seller also agrees to pay all assessments related to service charges furnished
to the Subject Property prior to the date of closing (e,g., delinquent water or sewer bills), including
those certified to taxes payable in the year of closing.
7. Closing Date. The date of closing will be on or before May 30,2007. Delivery
of all papers. and the closing shall be made at the offices of City, 6700 Portland Avenue South,
Richfield, Minnesota 55423, or at such other location as is mutually agreed upon by the
parties. All deliveries.and notices to City shall be made to the above address and marked to the
. attention of Kristin Asher.
8. PossessionIRemoval of PropertylUtilities/Escrow.
(a) Possession. See Exhibit A.
(b) Intentionally left blank
(c) Utilities. Seller agrees to pay all charges for sewer, water, electric, gas, and cable
television (collectively, "utilities") provided to Subject Property prior to the Closing Date. The
City may deduct charges for unpaid utilities incurred during such period from the escrow
provided in this paragraph.
(d) No encumbrances. Seller agrees not to place any liens or encUmbrances on the
Subject Property after the date ofthis Purchase Agreement.
( e) Escrow. Seller agrees that, at closing, the City. may retain Five Thousand
Dollars ($5,000.00) from the purchase price for the Subject Property as an Escrow for payment
of personal property removal, disposal charges and utility charges. The retained amount, less
deductions provided for this in paragraph 8, will be delivered to Seller no later than 60 days
following the date of closing or delivery of possession, whichever is later. Said funds shall be held
by Kennedy & Graven, Chartered, as Escrow Agent, pursuant to the terms of an Escrow
Agreement.
(f) The City's ability to deduct amounts due under this paragraph from the retained
escrow is .not exclusive but is in addition to the City's rights at.. law and equity to collect such
amounts from Seller. The Selleris.responsible.for the amounts due under this paragraph even if:
(i) the City neglects to deduct the amount from escrow; or (ii) the escrowed amount is insufficient
to pay all amounts due under this paragraph 8.
9. Well Disclosure. There is no well on the property.
10.
Seller and Signatory Warranties.
4
.
.
-.
13-~
(a) Sewer and water. Seller warrants that the Subject Property is connected to
city sewer and city water.
(b) Mechanics' Liens. Seller warrants that, prior to the closing, Seller shall pay in full
all amounts due for labor, materials, machinery, fixtures or tools furnished within the .120 days
immediately preceding the closing in connection with construction, alteration or repair of any
structure upon or improvement to the Subject Property.
(c) Notices. Seller warrants that it has not received any notice from any
governmental authority as to violation of any law, ordinance or regulation in connection with the
Subject Property.
(d) Corporate Authority. Seller warrants that it is the owner of the Subject
Property, that is has full authority to enter into this Purchase Agreement for the sale of the
Subject Property, and that there are no other parties whohold any unrecorded interest in the
Subject Property.
(e) Authority of Signatories. The signatories to this Purchase Agreement
represent and warrant that they are representatives of the Seller and that they have the authority
to enter into this Agreement on Seller's behalf
11. Broker Commission. Each party represents to the other that it has not utilized the
services of any real estate broker or. agent in connection. with this Purchase Agreement or the
transaction contemplated by this Purchase.Agreement. Each partyagrees.to indemnify, defend,
and hold harmless the other party against and in respect of any such obligation and . liability
based in any way upon agreements, arrangements, or understandings made or claimed to have been
made by the party with any third person.
12. Closing Costs/RecordingFees/Deed Tax. The City will pay: (a) the closing fees
charged by the title insurance or other closing agent, if any, utilized to close the
transaction contemplated by. this Agreement; (b) the prerriium for title insurance. policy, if any,
obtained by the City; and (c) any transfer taxes and recording fees required to enable the City to
record its deed from Seller under this Agreement. Seller will pay alLother fees normally paid by
Sellers, including fees and charges related to the filing of any instrument required to make title
marketable. Each party shall pay its own attorney fees.
~
13. Inspections. From the date of this Agreement to the Date of Closing, City, its
employees and agents, shall be entitled to enter upon the Subject Property to conduct . such
surveying, inspections, investigations, soil borings and testing, and drilling, monitoring,
sampling and testing of groUndwater monitoring wells,. as the City shall elect; provided, that Seller
is given at least 24 hours' notice to James Zalesky, at (612) 869-6138. Copies of any such reports
obtained by Buyer shall be provided to Seller if the closing does not occur.
14. Risk of Loss. It there is any loss or damage to the Subject. Property between the
date hereof and the date of closing, for any reason including fire, vandalism, flood, earthquake or
act .of God, the risk of loss shall be on the Seller. Seller shall keep in force a policy of
5
.
.
--
J3~~
casualty insurance in the amount of at least $344,000.00. If the Subject Property is destroyed or
substantially damaged before the closing date, this PUrchase Agreement shall become null and
void, at the City's option. At the request of the City, Seller agrees to sign a cancellation of
Purchase Agreement.
15. Relocation. Seller expressly reserves Seller's right to receive relocation benefits
and reimbursements to which Seller may be entitled by law as a result of the transaction
contemplated by this Purchase Agreement. City represents that it has approved a cap of
$50,000.00 for reimbursement of the reestablishment expenses for the project for which the City
is acquiring the Property,
16. Notice. Any notice, demand, request or other communication which mayor shall
be given or served by the parties, shall be deemed to have been given or served on the date the same
is personally served upon one of the following indicated recipients for notices. or is deposited in
the United States Mail, registered or certified, return receipt requested, postage prepaid and
addressed as follows:
SELLER:
COPY TO:
BUYER:
AGENT:
James and Marlene Zalesky
6609 Third Ave. S.
Richfield, MN 55423
David G. Hellmuth, Esq.
Hellmuth & Johnson, PLLC
10400 Viking Drive Suite 500
Eden Prairie, MN 55344
CITY of Richfield
Attn: Kristin Asher
City Hall
6700 Portland Avenue S
Richfield, MN 55423
Kennedy & Graven, Chartered
A1:TN:Robert J. Lindall and
Catherine B. Rocklitz
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis,. MN 55402
17. Entire Agreement. This Purchase Agreement, Exhibits, and other amendments
signed by the parties, shall constitute the entire Agreement between Seller and the City and
supersedes any other written or oral agreements between the parties relating to the Subject
Property. This Purchase Agreement can be modified only ina writing properly signed on
behalf of Seller and the City.
18.
Survival. Notwithstanding any other provisions of law or court decision to the
6
.
..
--
13~1
contrary, the provisions of this Purchase Agreement shall survive closing.
IN WITNESS WHEREOF, the undersigned have executed this Agreement on the date and
year above.
'\
THE CITY OF RICHFIELD
By:
Its:
And by:
Its:
JamesA. and Marlene K. Zalesky
By:
Its:
And by:
Its:
7
.
.
.
13-8
EXHIBIT A
Possession
'::;ii/ ,:~ '"
Rent. Seller may occupy the Property for not to exceed thirty (30) days following Closing without payment of rent.
Utility Bills. Seller shall pay for all utility services to the Property through the last day of their occupancy. Utility
services include the following:se:wer and water, electricity, gas, telephone, garbage collection and cable
television.
No Damage. Seller agrees not to cause damage to the Property or to any structure located on the Property and
agrees to deliver possession of the Property to ,the Buyer in substantially the same condition as existed on
the date the parties entered into this Agreement. ' ,
Uninsured Damages., Seller is responsible for any and all damages that may oCCur to the Property before they vacate
the Property that are not covered by insurance
.
.
.
AGENDA SECTION: OTHER BUSINESS
AGENDA ITEM # 14
REpORT # 22
.......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
JANUARY 9, 2007
REpORT PREPARED By:
MELISSA POEHLMAN, PLANNING &
ZONING ADMINISTRATOR
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of an amendment to an off-street parking permit at 1430 East 66th Street, EI
Jalapeno Market to extend compliance deadlines.
1. RECOMMENDED ACTION:
By Motion: Deny an am~ndment to an off-street parking permit at
1430 East 66th Street, EI Jalapeno Market to extend compliance
deadlines.
I II. BACKGROUND I
There have been continuing issues of noncompliance at 1430 East 66th Street
since 1999. Historically, Mr. Frost has failed to comply with correction orders from
both the Fire and Building Inspections Departments, forcing staff to in some cases
resort to prosecution or the threat thereof. Further, Mr. Frost has in the past failed
to comply with Court orders, as was the case in 2001 when he was ordered to
correct Building Code violations.
Community Development has been working with Mr. Frost since October 2005 to
bring his property into compliance with off-street parking permit requirements. This
item was first brought to staff's attention in the form of complaints regarding parking
in front of and on the east side of thebuilding, and use of the sidewalk ramp as a
010907 - 1430 E 66th asp amendment
.
vehicle entrance to and exit from the property. Following discussions with Mr. Frost,
it was determined that the existing off-street parking permit, issued in 1965, no
longer accurately depicted the property. Mr. Frost was notified in person during a
meeting on February 13, 2006 and via phone calls, letters and a fax on various
occasions that he must apply for an amendment to the off-street parking permit.
Per this meeting on February 13, Mr. Frost was also asked to submit a letter to the
Community Development Department regarding his intent to resurface and re-stripe
the parking lot by June 30, 2006. After numerous phone calls and letters requesting
this information, Mr. Frost submitted a letter stating that he would "try to complete
the project by the time specified." To date, this work is not complet~.
Mr. Frost did not submit a complete application requesting an amended permit until
June 28,2006. On July 11, this item was continued by the Council to its August 8
meeting in order to give staff and the applicant time to re-evaluate the proposal and
make more of an attempt to reach full compliance with City standards. The
proposed resolution from the July 11 meeting included a number of items that would
become stipulations of the final resolution.
Following this meeting, staff left numerous messages for Mr. Frost requesting that
he provide a survey of his property. Mr. Frost did not return any phone messages
and was sent a letter on July 31 stating that due to the fact that staff was unable to
reach him, this item could not be considered by the Council at its August 8 meeting.
Mr. Frost finally submitted a survey of his property in early September.
.
On September 26, 2006, the City Council approved an amended off-street parking
permit for 1430 East 66th Street, EI Jalapeno Market. The approved resolution
included all of the stipulations of the originally proposed July 11 resolution including
resealing and striping the parking 101-, as well as a number of additional items.
Since the approval of Resolution 9827, the Community Development Department
has taken action to ensure that the stipulations of the resolution are met. In
accordance with City enforcement policies and procedures, Mr. Frost has been sent
written notifications of all violations. These notices include a warning that if the
property is not brought into compliance, the permit may be forwarded to the City
Attorney for prosecution or brought back before the Council for revocation of the
permit. These notices also state that if the property owner has any questions or
concerns regarding these requirements, he should contact the Community
Development Department. The City Council was updated regarding noncompliance
at this address in a memo dated November 2,2006 (attached and later re-issued on
December 14, 2006). The first contact Mr. Frost made with City staff regarding his
continued noncompliance was on December 12, 2006, when he met briefly with
staff. Mr. Frost felt that his deadlines should be extended. That same evening he
approached the City Council requesting consideration of deadline extensions.
-.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. Responsibilities for the administration and enforcement of the Zoning
Code are established by Section 546.01 of the Zoning Code.
.
lB.
.
Established procedures for noncompliance have been followed.
In accordance with Section 546.03 Subdivision 4, the City Council,
acting as the "Board of Adjustments and Appeals," has the power to
hear and decide appeals where it is alleged that there is an error in
any order, requirement, decision, or determination made by the
Community Development Director in the interpretation or enforcement
of the Zoning Code.
CRITICAL ISSUES I
. Of the 22 items that were required to be completed by this time, Mr.
Frost has completed four.
. Many of the incomplete items could be completed at no cost or for
under $100.
. Over the past seven years, Mr. Frost has demonstrated a complete
indifference to compliance with City and State regulations. The Fire
Department has inspected Mr. Frost's business ten times since
August 2006 in attempting to get Mr. Frost to bring his building into
compliance.
. While Mr. Frost has had ample time and agreeable weather conditions
in which to complete the required improvements, the current weather
conditions now make some of them virtually impossible to complete
until spring.
. Security deposits/cash escrows are often required in cases where
these types of improvements are required. This is meant to ensure
that the work is completed in a timely manner. Mr. Frost has yet to
submit copies of bids or a cash escrow.
. Extension of compliance deadlines could set precedence for leniency
and inadvertently encourage noncompliance with Council directives.
.
.
I C. FINANCIAL I
. The fee for an appeal to the Board of Adjustments and Appeals is
$350. This fee has not been paid.
I D. LEGAL I
. The City's prosecuting attorney Martin Costello has been notified of
Mr. Frost's request for an extension.
. Although Mr. Frost has now complied with Fire Code regulations, he is
still being charged due to his failure to comply by the required
deadline.
. The Building Inspections Department does not have any current
outstanding violations.
. Bloomington Health does not have any current outstanding violations.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Amend the attached resolution, approved by the Council on September 26,
2006, to provide additional time to complete some or all of the stipulations.
~.
.
..
-.
I V. . ATTACHMENTS I
. Resolution No. 9827, approved September 26,2006.
. Council Memo No. 174, Re-issued December 12,2006.
. Compliance and cost estimates as of December 21, 2006 spreadsheet
. Requirements and cost estimates of items due May 1, 2007
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. Mr. George Frost, applicant
.
..
t.
} <-f-I
RESOLUTION NO. 9827
RESOLUTION GRANTING AN OFF-STREET PARKING PERMIT
AT 1430 66TH STREET EAST
WHEREAS, an application has been filed with the City of Richfield which requests
approval of an off-street parking permit for the parcel of land located at 1430 66th Street
East, legally described as:
LOTS 10 AND 11, NOKOMIS GARDENS REARRANGEMENT OF BLOCKS 1, 2, 3,
4 AND 5, GIRARD PARKVIEW ADDITION.
WHEREAS, the requested off-street parking permit has been reviewed by staff
and meets City requirements; and
WHEREAS, the proposed parking area will adequately serve the purpose for which
it is proposed and will not have an adverse effect upon the public safety or general welfare;
and
WHEREAS, the City has fully considered the request for-approval for the off-street
parking permit; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. That an off-street parking permit is hereby approved for a parking area as detailed in
the approved site plan and landscape plans (attachments A, B, and C), which provide
for 10 on-site parking stalls, a handicap accessible ramp and 7 -foot concrete walkway;
2. That a minimum of two bids from licensed independent contractors for all required site
improvements be submitted to the Community Development Department for escrow
calculation by November 1, 2006;
3. That a cash escrow equal to 100 percent of the value of the required improvements, as
determined by the submitted bids, is provided to the City by November 8, 2006;
4. That non-permitted temporary signs, banners and fasteners be removed immediately
and not reinstalled;
5. That the exterior wall area which has been used for posting unauthorized signs be
repainted to match the adjoining wall area by October 15, 2006;
6. That the conduit pipe in the landscaped area along the northern boundary be removed
by October 15, 2006;
7. That the fence along the northern boundary of the property be repaired or replaced to
City standards by October 15, 2006.
8. That the landscaped area along the northern boundary of the property be weeded and
a weed growth inhibiting mat and mulch be applied by November 1, 2006;
9. That additional shrubs of the same type that exists currently be added to the
landscaped area along the northern boundary line to form a continuous row of shrubs
by November 1, 2006;
10. That the parking area be repaired and resealed by November 30, 2006, with a material
approved by the Public Works Director;
010907 - 1430 E 66th OSP amendment
.
..
~.
) ~~d-
11.AII parking areas must be striped by November 30,2006, in accordance with City
standards;
12. That entrance/exit only signs be installed to direct traffic through the site by November
30, 2006;
13. That use of the public boulevard be in accordance with an agreement between the
applicant and the Public Works Department;
14. That "employee parking only" signs be installed to designate stalls along the east side
of the building as such by November 1, 2006;
15. That all parking spaces are accessible year round;
16. That existing bollards be scraped and repainted by November 1, 2006;
17. That the damaged sign faces on the existing pylon sign be repaired or replaced and the
poles be scraped free of rust and repainted by November 30,2006;
18. That the damaged back stair railing and concrete block be repaired in accordance with
Building Code standards by November 1, 2006;
19. That a new dumpster enclosure complying with all Health, Building and Zoning Code
requirements be installed at the northwest corner of the building by November 30,
2006;
20. That the current dumpster enclosure be removed by November 30, 2006;
21. That the 5' x 9.5' brick or railroad tie raised planter to be installed at the base of the
pylon sign be completed by November 30,2006;
22. That no parking be allowed in front of the building prior to installation of landscaping
areas;
23. That landscaping in front of the building, including but not limited to a concrete
walkway, large planting areas and a bench, be in compliance with the approved plans
on file with the Community Development Department, and completed by May 1, 2007;
24. That landscape areas in front of the building are surrounded by a rolled concrete curb
with l' x 2' wood breaks;
25. That shredded hardwood mulch of two inches in depth surround all daylilies and four
inches in depth surround all other shrubs and plantings;
26. That propane storage containers be moved to the side or rear of the building prior to
installation of landscape areas in front of the building;
27. That weeds and volunteer trees be removed from around the foundation of the building
and within and around the dumpster enclosure by September 1, 2006;
28. That the crumbling concrete block foundation on the east wall be repaired and painted
by October 15,2006;
29. That the openings in the concrete foundation on the west wall be sealed and painted by
October 15, 2006; and -
30.Alllandscaping must be maintained and if necessary replaced in conformance with
approved plans.
Adopted by the City Council of the City of Richfield, Minnesota this 26th day of
September 2006.
Martin J. Kirsch, Mayor
-ATTEST:
Nancy Gibbs, City Clerk
.
..
~.
Icf-3
Re-issued 12/14/06,
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
November 2, 2006
Council Memorandum No. 174
The Honorable Mayor
and
Members of the City Council
Subject: EI Jalapeno Market
Council Members:
On September 26, 2006 the Council approved an amended off-street parking permit for
EI Jalapeno Market, located at 1430 66th Street East, contingent on a number of
stipulations. Since that approval, the Community Development Department has taken
the following actions:
· 10/04/06 - Approval letter and certified copy of approved resolution sent to
applicant.
· 10/15/06 - Property checked for compliance with the following stipulations (due by
this date):
1) Removal of non-permitted temporary signs & fasteners (incomplete);
2) Repainting of exterior wall where signs had been hung (incomplete);
3) Removal of conduit pipe in north landscaping bed (incomplete);
4) Repaired fence (incomplete);
5) Removal of weeds from around foundation and within/around dumpster
enclosure (incomplete); and
6) Patching and painting of foundation (incomplete).
· 10/16/06 - Letter sent to Mr. George Frost, owner requiring compliance with the
stipulations of the resolution by October 30, or warning that the issue
would be forwarded to the City Attorney for prosecution.
· 10/30/06 - All items remain incomplete. Memo drafted by Community Development
Department to Martin Costello requesting prosecution.
· 10/3tO/06 - Site visit on 10/30 did reveal that Mr. Frost has replaced the damaged
sign face on the pylon sign and has removed asphalt in front of the
building in preparation for adding landscaped area.
· 11/1/06 - Property checked for compliance with the following stipulations (due by
this date):
1) Improvement of lanpscape area at the northern property line including:
weeding, additional plantings, and the installation of a weed inhibiting mat and
mulch (incomplete);
.
..
~.
Jtf-~
2) Installation of "employee parking only" sign along east side of building
(incomplete);
3) Scraping and repainting of existing bollards (incomplete);
4) Repaired rear stair/railing (incomplete); and
5) Submittal of bids for all work not yet complete (incomplete).
· 11/2/06:- Letter to Mr. Frost will be sent requiring compliance with these stipulations
by November 16 and warning that the issue will be forwarded to the City
Attorney for prosecution if requirements are not met.
In addition, Fire Services Director Brad Sveum received an update from the Martin &
Costello, the City's prosecuting attorney firm, regarding fire code issues with Mr. Frost
at EI Jalapeno. Criminal charges will be filed in court November 2, 2006 against Mr.
Frost for failure to comply with the fire code. It is anticipated a first hearing will be
scheduled in two to three weeks and Mr. Frost will receive a summons to appear at that
time.
Respectfully submitted,
Steven L. Devich
City Manager
SLD:cak
E-mail:"' Department Directors
Assistant to the City Manager
Melissa Poehlman, Community Development
Jc{-~
. Resolution Requirements (Due on or before 12/14/06)
COMPLETED ITEMS
That the conduit pipe in the landscaped area 10/15/2006 Yes
along the northern boundary be removed.
That the fence along the northern boundary of
the property be repaired or replaced to City 10/15/2006 Yes
standards.
That "employee only" signs be installed to
designate stalls along the east side of the 11/01/2006 Yes (12/20)
building as such.
That the damaged sign faces on the existing
pylon sign be repaired or replaced and the 11/30/2006 Yes
pOles scraped free of rust and repainted.
OUTSTANDING ITEMS
That non-permitted temporary signs, banner
and fasteners be removed immediately and not 10/05/2006 No $0
reinstalled.
That weeds and volunteer trees "be removed
from around the foundation of the building and 10/15/2006 No $0
.. within and around the dumpster enclosure.
That the ext~rior wall area which has been
used for posting unauthorized signs be 10/15/2006 No $60-80
repainted to match the adjoining wall area.
That the crumbling concrete block foundation 10/15/2006 No $150
on the east wall be repaired and painted.
That the opening in the concrete foundation on 10/15/2006 No $400
the west wall be sealed and painted.
That a minimum of two bids from licensed
independent contractors for all required site 11/01/2006 No $0
improvement by submitted to the CD Dept. for
escrow calculation
That existing bollards be scraped and 11/01/2006 No $15
repainted.
That the damaged back stair railing and No, block
concrete block be repaired in accordance with 11/01/2006 fixed not $15
Building Code standards. railing
That the landscaped area along the northern
boundary of the property be weeded and a 11/01/2006 No $75
weed growth inhibiting mat and mulch be
applied.
That additienal shrubs of the same type that
exist currently be added to the landscaped 11/01/2006 No $200
area along the northern boundary line to form
~. a continuous row of shurbs.
Page 1 of 2
..
..
~.
ILf-(P
That a cash escrow equal to 100 percent of the
value of the required improvements, as
determined by the submitted bids, is provided
to the City.
All parking areas must be striped in
accordance with City standards. There are to
be 10 on-site stalls provided.
That the 5' x 9.5' brick or railroad tie raised
planter to be installed at the base of the pylon
sign be completed.
That a new dumpster enclosure complying with
all Health, Buildng and Zoning code
requirements be installed at the northwest
corner of the building.
That the current dumpster enclosure be
removed.
, That entrance/exit only signs be installed to
direct traffic through the site.
That the parking area be repaired and
resealed with a material approved by the
Public Works Director.
11/08/2006
11/30/2006
11/30/2006
11/30/2006
11/30/2006
11/30/2006
11/30/2006
No
No
No
No
No
No
No
Based on CD estimate:
$12,000
$300
$400
$2000 (total to remove
old and construct new
see above
$42 per sign (18" square
reflective)
$6,000 - $10,000
Approximate total $
Page 2 of 2
11,699.00
.
..
~.
1L/-1
Resolution Requirements Due May, 2007
That landscaping <in front of the building,
including but not limited to a concrete walkway,
large planting areas and a bench, be in 05/01/2007
compliance with the approved plans on file with
the CD Dept.
That landscape areas in front of the building
are surrounded by a rolled concrete curb with 05/01/2007
l' x 2' wood breaks.
That shredded hardwood mulch of two inches
in depth surround all daylilies and four inches 05/01/2007
in depth surround all other shrubs and
plantings.
That propane storage containers be moved to
the side or rear of the building prior to 05/01/2007
installation of landscape areas in front of the
building.
All landscaping must be maintained and if
necessary replaced in conformance with indefinite
approved plans.
$6000 (total
to construct
landscaped
area in front)
see above
see above
$0
Approximate total
$6,000
.
AGENDA SECTION:
AGENDA ITEM #.
REpORT #
OTHER BUSINESS
15
23
......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
JANUARY 9, 2007
REpORT PREPARED By:
STEVEN L. DEVICH, CITY MANAGER
NAME, TITLE
COUNCIL PRESENTER:
REVIEWED BY CITY
MANAGER:
. ITEM FOR COUNCIL CONSIDERATION:
Request for consideration of payment for sewer backup damages claim.
I.
RECOMMENDED ACTION:
By Motion: Deny the claim for damages for a sewer backup at 6305
DupontAve. S.
I II.
.
B~K~OUND I
George Holter appeared at the beginning of the December 12, 2006 City Council
meeting and presented the City Council with a letter, dated April 23, 2004, from the
City's insurance adjusters regarding a sewer backup at his rental property located at
6305 Dupont Avenue in Richfield. Allied Adjusters was engaged by the League of
Minnesota Cities Insurance Trust (LMCIT), the City's insurance carrier to investigate
this claim and make a determination with respect to the potential for any City liability
in this matter. The determination by Allied was that the City was not liable and
therefore, the claim was denied. Mr. Holter is now requesting the City Council to
reconsider this matter and compensate him for the loss.
From a procedure perspective, denials of sewer backup matters would normally be
pursued through conciliation court. Mr. Holter has been informed of that option
several times.
The basic facts of this case are as follows:
0109SewerBackup
.
A sewer backup occurred on or about 11 a.m., January 26,2003 at 6305 Dupont
Avenue South. In addition, water was coming into the basement window of 6305
Dupont Avenue from a neighbor's sump pump. The City was called by the resident
at approximately 12 p.m. The City crew arrived in about 30 minutes and the
blockage was cleared at about 1 p.m. The resident stated to the City crew that they
had experienced problems with the drain the previous night but did not catrthe City
to notify anyone of the problem until the backup occurred the next day.
Upon clearing the blockage, the City crew discovered the source of the blockage
was a combination of rags and tree roots, which had entered the City's line from an
unidentified private sewer line. The City cannot control what may get introduced
into a City sewer main.
State law and the standard for municipal cleaning of sewer lines states that the lines
must be cleaned once every three years. This particular line was cleaned 11
months prior to the sewer backup and again approximately 20 months prior to that
most recent cleaning. Thus, the City's maintenance was well above what is
required. During those c1eanings and inspections, no problem spot in that particular
city sewer line was noted.
.
Additionally, the resident of the home indicated to the City crew that he had his
private sewer line between his house and the street cleaned about six weeks prior
to the date of the backup. When private lines like that are cleaned of roots and
debris, they are usually pushed forward into the City main lines.
The LMCIT and its adjusters denied the claim because the City of Richfield had
done everything properly with respect to maintenance of the City sewer line and as
such, was not liable for the backup.
Mr. Holter brought this matter to my attention in 2004 and wanted to be
compensated for the loss to his rental property. In response to his inquiry, I had the
entire file reviewed by the LMCIT and Allied Adjusters to ensure that their findings
were appropriate. They responded to Mr. Holter with the letter dated April 23, 2004.
I once again informed Mr. Holter that if he did not agree with the finding that the
next step was to take this matter to conciliation court.
.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. Sewer backup claims are handled by the LMCIT on behalf of the City
and many other cities in Minnesota. They are all evaluated by the
facts of the case and the standard of maintenance the respective City
has provided.
. Once a claim against the City has been reviewed by the LMCIT or its
adjusters, the City typically does not change that finding.
. The City of Richfield has rarely been found to be liable in a sewer
backup claim and has never to our knowledge lost a conciliation court
claim for a sewer backup.
.
.
.
.
If the City paid for these damages after a finding that the City is not
responsible for the loss, it would set a precedent for any future sewer
claims.
I B. CRITICAL ISSUES I
. The City receives relatively few sanitary sewer backup claims. The
number for the past few years in as follows:
o 2004 - 3 claims
o 2005 - 3 claims
o 2006 - 1 claim
I C. FINANCIAL I
. If the City Council decides to accept responsibility for this claim and
pay the claimant, funds would come directly from the City. .
. The claim included a list of items that allegedly were damaged but no
financial value was indicated.
In.
LEGAL I
. Where a claimant believes that they are entitled to damages after a
claim denial, they may take the matter to court. Sewer backup claims
would typically be handled in small claims or conciliation court.
. The tort liability for matters such as this is six years. Therefore, Mr
Holter still has ample time to pursue this matter in court.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. The City Council could decide to override the findings of the LMCIT and pay
the claim.
I V. ATTACHMENTS I
. Letter from Allied Adjusters to George Holter dated April 23, 2004.
. List of items.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. George Holter
MAIN OFFICE
Minnesota
Minneapolis
P.O. Box 583479 . Minneapolis, MN 55458
611-766-3700
BRANCH OFFICES
Albert Lea
P.O. Box 848 . Albert Lea, MN 56007
507-373-7502
Brainerd
P.O. Box 763 . Brainerd, MN 56401
218-828-82;8 '
DulUlh
P.O. Box 7287 . Duluth, MN 55807
218-628-0961
Enrmonl, , ,,,
P.O. Box 15 . Fairmont; MN 5603i
507-235-5565:
Fariba~lt, ":C " , ",',
P.O. Box 433 . FaribaUlt, MN 55021 '
, , ,
SoutlfDak(j,ta. "
SiouXFaUS" -,,, '
.'O.BOX1I74. SiOlL,FalIs,
5-357-0275
WisconSin '
Hayward
P.O. Box 153' Hayward, WI 54843
715-634-7808
11 ~.~> ,-:= '-v;"-;-:,!,- -":;'''':~~==-
/-1 \ A~~ ;~' 2~O~ :LI'
~~xkL~--- ------.f, PO B:P~~3~~~
'DO Minneapolis MN 55458
612-766-3700
Fax No: 612-766-3799
April 23, 2004
George & Marilyn Holter
6424 Emerson Ave S
Minneapolis MN 55423-1315
RE:
Insured
Claimants
Type of Claim
Loss Location
City of Richfield
George & Marilyn Holter
.Sewer Backup Incident
6305 Dupont Ave S
Richfield MN
01/26/03
11043220
MPS39865
Date of Loss
LMCIT Claim No.
Our File No.,
Dea,r Mr;.' .&~rs.: .H91ter:
-,. ,-'..', v."
. -
I am':writing, _tQ~ye>1.J. ol}~bebc3.1f --0;E,. the City of Richfield
and; the' League yof, Minnesota Ci.ties, Insurance ,Trust
CLMCIT).' This ',-letter '. will follow up a 'telephone
discussion I had with you on April 2, 2004. I spoke
wi th you in response to a call you made to the claims
department for the LMCIT regarding the above
referenced sewer backup incident and claim.
As I advised you by telephone, I' have been asked to
perform an additional investigation and reevaluate
this claim. This claim was previousl~ handled by Randy
Loebrick. ,Mr. Loebrick, had issued a letter to you
dated February 27, 2003 advising you' that your claim
was being denied and no compensation would be offered
to you for the damages sustained to your rental
property at 6305 Dupont Ave S.
By means of this, letter, I hope to provide you with
some 'detailed,' informati;o.n,: regarding my independent
,investigation perforrn~d "'l:'~cently. . '.
.- , ~
The. City o:s.~Ridlfield received notice of a possible
sewer backup at your rental property at noon on
January 26, 2003. Your tenants at that time, Duane and
A Division of Berkley Risk Administrators Company LLC
.
George & Marilyn Holter
Page 2
Kathy Pearson, had called the City water plant to advise of what
appeared to be a problem with the sewer system at their residence.
City personnel arrived within 30 minutes or less after receiving
the initial complaint call from the Pearsons. This incident
occurred on a Sunday.
Shortly after arriving on the scene, City personnel had identified
the location of the blockage within the City sewer main and had
the blockage cleared by 1:00 p.m. The blockage was determined to
be located at or near the manhole in Dupont Ave S, just south of
your prope-rty at the intersection with the alley. The City sewer
main drains from that manhole on Dupont Ave S eastward down the
alley toward Colfax Ave S and onto a lift station located just
east of Colfax Ave S. This alley referenced here runs east to west
along the southern edge of your property.
.
Ci ty personnel report that the Pear sons stated that they had
noticed problems with the drains in your property the previous
night, Saturday, January 25, 2003; however, because it was later
at night, they did not call anyone for assistance or
investigation. The City's first notice of any sewer backup
problems in the area was at approximately noon the following day,
January 26, 2003, when a call came into the City water plant.
The City cannot find any records indicating a prior City sewer
blockage or backup at the location of this blockage and backup
occurring on January 26, 2003.
The City
cleaning
cleaning
section
cleaned
of Richfield performsannua.l routine maintenance
of the City sewer system. This annual maintenance
procedure dates back to 1986. Most recently, the
of: the City sewer where this blockage occurred was
on February 27, 2002 and June 5, 2001.
During the course of the annual maintenance sewer cleaning
procedures, any problems within the City sewer system are noted.
There are no noted problems with the City sewer main in the area
where this blockage occurred on the prior maintenance cleaning
logs.
.
Also, if there is a known ptoblem at a location within the City
sewer system, or if there is a history of repeated sewer backups
wi thin any portion of the City sewer system, that location is
placed onto what the City labels the "hbtspot" list. Please note
{.'
~ George & Marilyn Holter
Page 3
that the
blockage
" hotspot"
location
occurred
list.
within the
on January
City sewer
26, 2003 is
system
not on
where
the
this
City
Based upon City records, there is no indication of any previous
known problems with the City sewer main in the area of the
blockage and corresponding backup occurrence taking place on
January 26, 2003.
When the blockage was cleared on January 26, 2003, it was noted
that rags and roots were observed within the sewage water
flowing out of the blocked line. Based upon this observation,
the most likely cause of this blockage was associated with rags
and tree roots which had entered the City sewer system from
unidentified private sewer service lines connected to the City
sewer main. As you may be aware, the City cannot control what
may get introduced into the City sewer main from private
sources.
~
There is no indication that the City sewer main blockage and
corresponding backup were caused by a defect in the City sewer,
system or by any lack of maintaining the City sewer system.
My investigation finds, that the City performs reasonable sewer
maintenance procedures as indicated by the annual maintenance
cleaning logs. The City sewer. system is properly designed based
upon a lack of any history of previously reported sewer backup
incidents in the area of your property. Also, the City has a
means by which they can be contacted" after business hours by the
public in the event of a sewer backup emergency as indicated by
the timeliness of the City's response to the initial complaint
call on January 26, 2003.
The City responded in a very timely manner and had the blockage
cleared wi thin approximately one hour of receiving the initial
complaint call. The likely source of the, blockage within the City
sewer main was most likely associ~ted with items placed into the
City sewer system from private sources which are out of the
Ci ty' s control.
~
Based 'upon my additional investigation and reevaluation of this
claim, I can find no indication of any negligence on the part of
the City of Richfield in causing the damages to yoUr property
associated with this sewer backup incident .On this basis , lam
~ George & Marilyn Holter
Page 4
~
~
restating the previous position taken by the City of Richfield and
the LMCIT to deny 'your claim and offer you no compensation.
In the event you need further details regarding my investigation
or have questions regarding' this letter or your claim, please
contact me directly at 612-766-3712.
Sincerely,
ALLIED ADJUSTERS
{j:JJt/ ttk~
Scott Torgerson
ST/sa
cc: LMCIT Claims
ATTN: Kathy Kern
145 Univ Ave W
st Paul MN 55103-2044
Claim No. 11043220
bcc: City of Richfield
ATTN: Francie Fletcher
6700 Portland Ave S
Richfield MN 55423
\"1
.
.
.
.'
List of items Damaged/Destroyed 1-26-03
Sewer Backup 6305 Dupont Avenue South
Desks:
I-Solid Wood Desk
I-Metal Desk
Credenzas:
I-Solid Wood Credenza
1- Vaneer Credenza
Furniture:
I-Wood Printer Stand
I-Wood Bench
I-Wood 2-door cabinet
I-Wood Toy Box
I-Wood Step Stool
I-Oval Wood Table
I-Wood Book Shelf Bottom
I-Pressed Wood Entertainment Center Bottom
1-2 Panel room divider
I-Rocker Recliner
2-Sofa's
7-0ffice chairs on rollers
2..Blue chairs
2-Brown chairs
2-Folding chairs
2-Wood TV folding trays
14-CIoth green chairs
5- Vinyl green chairs
I -Stereo system in wood cabinet
I-antique wood crate
3-Folding card tables
I-Roll-a-way bed
Office equipment/Supplies: .
I-PC
I-HP672C printer
2-Power Strips
I-Briefcase Hardcover
I-Briefcase Soft cover
2-Electrical extension cords
I-Sharp calculator EL-2I97
l-Code-a-phone answering machine
2-5 Drawer File cabinets
1-4 Pack Dry Erase markers
3-Post it note pads
6-Boxes business flyers
2-Packages Convenient no lick instant stick grip-seal catalog envelops
, ~'
'.'
.
.
.
I-White board
1- Tri-pod for white board
1-375 ft roll Scotch tape for packing
I-Living Proof Demonstration kit
Clothes/Shoes:
I-pair of Lower East Side Black Boots size 71/2
I-pair of shoes size 6 boot type
I-pair of A via Tennis shoes size 9
I-pair of Cherokee shoes size 10
I-pair of Old Navy, Black canvas shoes size 8
I-pair of Nike, Black cross training shoes size I 1
I -pair of Remington shoes size 10 Yz
I-pair of Xhilaration size 3 jeans
I-Stocking cap
I-pair of winter gloves
MISC:
10- Video tapes/movies
Aladdin
Pinocchio
Bambi
Dante's Peak
Change of Habit (Elvis)
The Santa Clause
Bill Gunter U S Marshall
. Cinderella
The Sword in the Stone
Murder She Wrote
I.:.Sports Travel Bag hard side
I-Suitcase Canvas
3-Rolling stepstools
I-Baseball
3-Softballs
4- Wood bats
2-Hockey Sticks
I-Splash ball football
3-Fishing reels & rods
2-Brooms
3 -Wood handled rakes
I-Roll of Golden Ribbon
I-6-ft Artificial Christmas Tree
3-Large Coloring Books
I-Winnie the Pooh Train Set
I-Kids Play Piano Keyboard battery operated
I-Discovery Kids Pottery Wheel
lO-Boxes of Books 20-30 in each box
2-Floor Fans
\.' ~ ..
.
.
.
I-Exercising Trampoline
I-Total Gym
1-4.5 cubic ft freezer
I-Tandem Bicycle
1-21 cubic f1. upright Freezer
1-Refridgerator
1- Washing Machine
I-Gas Dryer
.
AGENDA SECTION:
AGENDA ITEM #
REpORT #
OTHER BUSINESS
16
1&
......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
JANUARY 9, 2007
REpORT PREPARED By:
CHERYL KRUMHOLZ, EXEC. COORDINATOR
NAME, TITLE
COUNCIL PRESENTER:
REVIEWED BY CITY
MANAGER:
.
ITEM FOR COUNCIL CONSIDERATION:
Consideration of designating representatives to serve as 2007 liaisons to various metropolitan
aQencies and City commissions.
I. RECOMMENDED ACTION:
By Motion: Designate Council liaison appointments for 2007 to
various metropolitan aaencies and City commissions.
I II. BACKGROUND I
Members of the City Council serve as the City's representatives on various metropolitan
agencies and City commissions. . Each year, the Council appoints these representatives.
Staff will notify the agencies and commissions of the appointments.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. Each year, the City Council appoints representatives to serve as liaisons on
. various metropolitan agencies and City commissions.
I B. CRITICAL ISSUES I
. The City needs representation on metropolitan agencies and commissions.
01091iaisons
.
.
I IV.
ALTERNATIVE RECOMMENDATION(S) I
· Defer the designation to a future Council meeting.
Iv.
ATTACHMENTS
· Liaison appointment list.
I VI.
.
0109/iaisons
PRlNCIP AL PARTIES EXPECTED AT MEETING
· None.
12/08/06
.
.
.
J (p,-2-
SUSAN ROSENBERG, REP.
RICHFIELD COMMUNITY HUMAN
SERVICES PLANNING COUNCIL
FOWL BOARD 'FRED WRaGE, REP.
SUSAN ROSENBERG, ALT.
SOUTHWEST CABLE COMMISSION FRED WROGE, REP.
STEVE DEVICH, REP.
SUE SANDAHL, ALT.
RICHFIELD HISTORICAL SOCIETY FRED WRaGE
RICHFIELD SCHOOL DISTRICT SUSAN ROSENBERG, REP.
FRED WRaGE, ALT.
STOREFRONT GROUP KATHY FARRIS, L1A.
FRED WROGE, ALT.
12/08/06
.
AGENDA SECTION
AGENDA ITEM #
REpORT #
OTHER BUSINESS
17
1')
.......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
JANUARY 9, 2007
REpORT PREPARED By:
CHERYL KRUMHOLZ, EXEC. COORDINATOR
NAME, TITLE
COUNCIL PRESENTER:
REVIEWED BY CITY
MANAGER:
. ITEM FOR COUNCIL CONSIDERATION:
Discussion regarding Council attendance at 2007 National League of Cities Conferences and
N.O.I.S.E. Conference.
.
I. RECOMMENDED ACTION:
By Motion: Designate Council Member(s) to attend the March 2007
National League of Cities (NLC) Congressional Conference;
September 2007 N.O.l.S.E. Conference; and the December 2007 NLC
Congress of Cities Conference.
I II. BACKGROUND I
In 2003, the City Council decided that attendance at conferences should be rotated
among the Council Members, so this item is placed on the agenda for the Council
consideration of the attendance for the three conferences in 2007.
These conferences become especially important as federal policy issues affecting
a wide variety of local government concerns could be on the congressional agenda.
According to State Statute 471.66, the governing body of cities and school districts
must adopt a policy that controls out-of-state travel for elected officials. That policy
was adopted by the City Council in November 2005 and stipulates that the City
Council must approve, in advance by a motion, attendance at out-of-state
conferences. The general guidelines for evaluating out-of-state travel opportunities
are listed in the policy.
0109conferences
e
e
e'
Knowing which Council Member(s) will be attending each of the conferences will
assist staff with early registration and airline schedules.
I III.
BASIS OF RECOMMENDATION I
I A. POLICY I
. The Council has determined that attendance at the NLC and
N.O.I.S.E. Conferences is beneficial to the City's operations and long-
range planning efforts.
I B. CRITICAL ISSUES I
. While the City continues to face revenue reductions from the State, it
is even more critical that the Council remains in the informational loop
regarding congressional activities as it relates to airport/aviation
activities, federal funds and homeland security issues.
I C. FINANCIAL I
. The NLC Conferences are budgeted in the City's 2007 budget. The
N.O.I.S.E. Conference is budgeted in the HRA 2007 budget.
. The estimated total cost of each conference, including registration,
flight, lodging and per diem, is $2500 per Council Member.
I D.. LEGAL I
. According to State Statute 471.66, the governing body of cities and
school districts must adopt a policy that controls out-of-state travel for
elected officials.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Address this issue prior to each conference.
. Decline to send Council delegates to any or only designated conferences.
I V. ATTACHMENT (s)
. List of conferences.
. Information related to March 2007 NLC conference
. Out-of-state elected official travel policy.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None.
The Conference will provide a range of education, networking, and
strategy sessions to maximize the value of this event for city officials.
This preliminary schedule provides an outline of major events during the
conference to help delegates make travel plans.
Saturday, March 10
9:00 a.m. - 5:00 p.m. Leadership Training Seminars
City Futures Panel Meetings
Orientation to the Conference for First Time Attendees
Constituency and Special Group Meetings
5:30 p.m. - 6:45 p.m.
5:30 p.m. - 7:00 p.m.
Stulday, March 11
9:00 a.m. -12:30 p.m.
9:00 a.m. - 5:00 p.m.
1:30 p.m. - 5:00 p.m.
5:15 p.m. -7:00 p.m.
Policy and Advocacy Committee Meetings
Community and Economic Development (CED)
Information Technology and Communications (ITC)
Transportation Infrastructure and Services (TIS)
NLC Board of Directors Meeting
NLC Advisory Council Meeting
Leadership Training Seminars
Policy and Advocacy Committee Meetings
Energy, Environment and Natural Resources (EENR)
Finance, Administration, and Intergovernmental Relations (FAIR)
Human Development (HD)
Public Safety and Crime Prevention (PSCP)
Constituency and Special Group Meetings
Monday, IvIarch 12
7:30 a.m. - 9:00 a.m. Celebrate Diversity Breakfast
9:00 a.m. - 10:30 a.m. Opening General Session
10:45 a.m. -12:15 p.m. Workshop Sessions
12:15p.m. - 1:30 p.m. Roundtable Networking and Lunch
1:45 p.m. - 3:15 p.m. Workshop Sessions
3:30 p.m. - 4:30 p.m. General Session
5:00 p.m. - 6:30 p.m. State League Caucuses and Receptions
Constituency and Special Group Meetings/Events
Tuesday, IvIarch 13
7:30 a.m. - 9:00 a.m. Steering Committee Work Sessions
Community and Economic Development (CED)
Information Technology and Communications (ITC)
Transportation Infrastructure and Services (TIS)
General Session
Workshop Sessions
Roundtable Networking Lunch
Closing General Session
Steering Committee Work Sessions
. Energy, Environment and Natural Resources (EENR)
Finance, Administration, and Intergovernmental Relations (FAIR)
Human Development (HD)
Public Safety and Crime Prevention (PSCP)
City Futures Panel Meetings
Other Committee Meetings
Shuttle Service to Metro for Lobbying on Capitol Hill
State League Caucuses and Receptions
Reception and The Capitol Steps
9:00 a.m. -10:30 a.m.
10:45 a.m. -12:15 p.m.
12:30 p.m. - 2:00 p.m.
2:15 p.m. - 3:30 p.m.
3:45 p.m. - 5:30 p.m.
3:45 p.m. - 5:30 p.m.
5:15 p.m. - 6:30 p.m.
6:30 p.m. - 8:00 p.m.
Wednesday, IvIarch 14
7:00 a.m. -11:00 a.m. Shuttle Service to Capitol Hill for Lobbying
Special Events
Monday. March 12
Celebrate Diversity Breakfa~t
7:30 a.m. -9:00 a.m.
Fee: $40
The 21st annual Celebrate Diversity Breakfast will
feature a keynote speaker who will provide a perspective
on "diversity" issues facing America's cities and towns.
The breakfast is sponsored by five NLC constituency
groups.
Tuesday, March 13
Reception and The Capitol Steps
6:30p.m. -8:00p.m.
The Capitol Steps will perform on Tuesday as part of a
conference wrap up to energize the delegates for City
Lobby Day on Wednesday morning. TillS troupe of
former Congressional employees provides bi -partisan fun
for everyone.
Dates to Remember
February 5. 2007. Deadline for advance registration
and housing requests. All requests must be postmarked
by this date. After this date, all delegates must
register on-site at higher rates.
February 5, 2007. Deadline for Cancellations.
Cancellation letters must be postmarked by this date and
are subject to a $50 cancellation fee. There are no
refunds for cancellations after this date.
How to Register
To register for the 2007 Congressional City Conference,
ftI1 out the registration form and return it with your
check, city purchase order. or credit card information to
the NLC Meeting Services, postmarked by February 5,
2007 or register online at www.nlc.org.
* Each delegate, guest, speaker, member of the press,
and any other conference participant must register.
There is a $75 youth delegates fee. There is no charge
for press registrations with proper press credentials.
* No telephone registrations or cancellations will be
accepted.
* Payment (check, city purchase order, or credit card)
must be included with advance registrations.
* People unable to meet the February 5 deadline will
have to register on-site at the meeting and make their
own hotel reservations.
Refunds will be made for cancellations received by
FebrualY 5, 2007, subject to a $50 cancellation charge.
Cancellation letters must be postmarked by this date.
No telephone cancellations will be accepted. No partial
refunds will be made if you decide not to attend
particular functions.
Hotels
* If you need hotel accommodations, please check the
appropriate box on the registration form.
* NLC will make a hotel reservation for you when you
register for the conference.
* Rooms will be assigned on a first come, first served
basis.
* All conference sessions will be held at the Hilton
Washington HoteL
.
A United Voice for Cities and Towns .
In 2007, the 110th Congress will get underway with the Democratic party at the helm for
the first time in 12 years. The new Congress and the President will focus on a range of
issues that matter to America's cities, villages, and towns.
From transportation to eminent domain, from telecommunications reform to communi-
ty development and affordable housing, from emergency management and homeland securi- .
ty to educational reform, city and town leaders need to be well informed and well positioned
to ensure the best outcomes for their communities on critical issues.
The National League of Cities provides the resources, the connections, and the col1ec-
tive power to help city leaders have an impact on Capitol Hill.
And, the 2007 National League of Cities Congressional City Conference, March 10-
14, 2007, in Washington, DC, offers the best opportunity to learn about the issues, present a
strong and unified municipal voice in Congress, develop and strengthen relationships with
members of Congress, and to advocate local positions on key priorities.
.
The Action Plan
Sunday, March 11
City officials gather at the Hilton Washington
and Towers for leadership meetings, policy
discussions, and legislative briefings to
learn about current federal issues and priori-
ties for America's cities and towns.
Monday, !vfarch 12
NLC's leaders and general session speak-
ers set the stage for the action to come by
outlining the opportunities and challenges and
building capacity to make a difference on key
federal issues.
Tuesday, Nlarch 13
President Bush and Congressional and
Administration leaders are invited to dis-
cuss their priorities and reactions to the
National League of Cities agenda. There
will also be an opportunity to go to Capitol
Hill in the afternoon to meet with
Congressional Representatives. The program
will wrap up with a closing general session
with political commentator David Gergen
and the opportunity to review the agenda
and confirm plans for City Lobby Day.
\\Wuesday, March 14 - City Lobby Day
Buses take all conference delegates to the
Capitol for strategic meetings with
Congressional leaders to talk about NLC's
priorities for federal action and expectations
of Congress and the Administration.
Be part of the national
voice of America's cities
and towns in 2007.
.
'J!tese special i~sti,tu~ seminars ~re offered to delegates for a separate registra-
tron fee. Space lS Itmtled and avatlable on a first-come, first-served basis.
FULL-DAY SEi\UNARS
Saturday, March 10, 2007
L01: Developing an Effective
Emergency .Preparedness Plan
9:00 am - 5:00 pm
Registration Fee: $165
Competency: Competent Practitioner
Is your local emergency plan up-to-date and
is your community prepared for the unex-
pected? Does it fully cover all of thefunda-
mental preparations, along with short term
operations of restoring vital services, as well
as the long term mission of restoring your
community? Broaden your understanding of
your role and responsibilities, along with the
critical tools needed to prepare your commu-
nity for a prompt, effective emergency
response for a successful recovery.
Instructors:
Robert Zienkowski, City Manager, and
Brunswick Public Safety Personnel
Brunswick, OH '
L02: Building Communities: The
Challenge of Change
9:00 am - 5:00 pm
Registration Fee: $165
Competency: Collaborator & Catalyst
Everyone is not adaptable to change. What
do you do when you come face to face with
resistance? Learn valuable tools and tech.
niques for introducing innovative practices
and programs into your communitv. Uncover
a new confidence about how to prOCeed with
difficult initiatives and ensure you don't have
to hear, "That will never work here."
Instructor:
Gwendolyn Hallsmith, Executive
Director, Global Community Initiatives,
Montpelier, \IT
L03: Performance Reporting: Being
Accountable to your Constituents
9:00 am - 5:00 pm
Registration Fee: $165
Competency: Catalyst
Do you want to show your constituents how
well your administration is performing?
Developing a performance measuring docu-
ment will provide you a snapshot of your
successes and preview future challenges.
Learn how to use performance reporting to
p~mote the mission of the governmental
umt and how to properlv inform the citizens
about its performance. -
Instructor:
Harold Steinberg, Trainer, and Eveanna
Barry. Director, Performance Reporting,
Advancing Government Accountability,
Alexandria, Vi\
AFfERNOON SEMINARS
Saturday, JvIarch 10, 2007
L04: Mentoring: A Legacy of
Excellence
1:30 pm - 5:00 pm
Registration Fee: $105
Competency: Cornerstone
COtmtless local governments are facing the
challenge of ensuring continuous high quali-
ty l",,;dership. This means that ongoing
learmng and development is critical to all
those involved. Gain a better understanding
of yourself and others by examining men-
toring with a leadership context and develop
the mentoring role and associated actions
necessary for excellence.
Instructor:
Dr. Neil Katz, Professor,Syracuse
University, Syracuse, NY
LOS: Budgeting for Outcomes
1:30 - 5:00 pm
Registration Fee: $105
Competency: Competent Practitioner
When faced with budget gape, the most com-
mon solution is to focus on how to cut 10 or
15 percent from an already "tight" budget.
Across-the-board cuts are a too frequent
occurrence that doesn't distinguish what is
working from what is not. Learn how to
slatt with a set of results that matter to citi-
zens and to allocate available dollars to each of
those re"tits. In eras of budget constraint or
surplus, there are new strategi,es that have
proven to be effective tools for local leaders.
Instructor:
Beverly Stein, Senior Managing Partner,
PSG, St. Paul, MN
L06: Just Do It! Building Coalitions
& Connecting ClIltm'eS with Youth
1:30 pm - 5:00 pm
Registration Fee: $105
Competency: Competent Practitioner
While youth account for 13% of the U.S.
population, they account for 100% of
America's future. Learn to reconnect with
youth by learning about a community with
two very unique government youth leadership
programs. Know the reasons for disconnect
between youth and adults; understand the
[mancial, social and societal implications for
this disconnect, and learn about the benefits
of a governmental youth leadership program.
Instructor:
Van Johnson II, Vice Chairman, City
Council, Savarmah, GA
L07: Cri~is Commwrications
Planning and Preparation: Dealing
v..ith Risk, Facing Respon.'libility
1:30 - 5:00 pm
Registration Fee: $105
Competency: Communicator
Dealing with the media is often a regular
event for local elected officials. Every day
prOVIdes an opportunity for a crisis to occur.
Learn to think and act proactively; be pre-
pared when you are faced with a crisis or a
major media event. Learn to develop and
identify an early warning system, as you build
a crisis communication plan and learn to
deliver a decisive, informed response.
Instructor:
Irene Maslowski, President, Maslowski
& Assoc. Public Relations, Roseland, NJ
FULL-DAY SEMINAR
Slmday, JvIarch 11, 2007
LOS: Strategic Governance: Finding,
Recognizing, & Securing the F lItw::.
9:00 am - 5:00 pm
Registration Fee: $165
Competency: Catalyst
!he key to finding, recognizing, and secur-
mg the future is having the ability to read
17-- 3
your environment and anticipate the future.
Learn the skills and tools to read the forces
that shape current times; learn to leverage
these forces to help anticipate the future and
seize opportunities that will be beneficial to
your community. Explore how to anticipate
and position your community on the place of
highest potential.
Instructor:
Dr. Shelia Sheinberg, President & CEO,
The Center for Life Cycle Sciences, Port
Orchard, W A
MORNING SEMINAR"
Sunday, March 11, 2007
L09: Strategies for Strengthening
the Avdilability of Housing
Affordable to Working Families
9:00 am - 12:00 Noon
Registration Fee: $105
Comp~tency: Competent Practitioner
Examine promising strategies for expanding
the a~]abilit~ of. affordable housing for
working families m your community. As land
costs outpace wage growth in many parts of
the COWltry, communities are finding it diffi-
cult to maintain an adequate supply of hous-
ing that is affordable to teachers, nurses or fire
fighters. Build your understanding, skills and
abilities to address the housing challenges that
face your oommunity.
Instructor:
Jeffrey M. Lubell, Executive Director,
Center for Housing Policy, Washington
DC '
1..10: Perfecting Your .Message: A
Guide for Elected Officials
9:00 am -12:00 Noon
Registration Fee: $105
Competency: Communicator
Effective city leaders understand the 'ins and
outs' of dealing with the media in order to
maintain a unified message for yourself and
your commlUlity. Learn how to present
yourself through body language, appearance
and tone... in effect: how you look, how vou
sound, and what you say. Learn how to -
develop ooncise content and improve clarity
and confidence in your media relationship.
Instructor:
Carolyn Sawyer, President/CEO, Tom
Sawyer Company. Columbia, SC
L11: Getting fmm Conflid to
Confrontation to Resolution
9:00 am -12:00 Noon
Registration Fee: $105
Competency: Collaborator
Interpersonal conflicts are like a contagious
disease. They are inevitable for communi-
ty leaders and can spread very rapidly if
they are not isolated and treated quickly.
Re-learn the art of communication and
gain insight into the sources of conflict and
how to approach it. Examine the tools nec-
essary to facilitate a resolution, while
strengthening your ability to work with all
types of conflict and improve your effec-
tiveness in interpersonal relationships.
Instructor:
Dr. Todd Arwood, Principal & CEO,
Todd Arwood Performance Partners,
Louisville, K Y
LTI LUNCHEON
Sunday, March 11, 2007
L1Z: Leadership Luncheon
12:00 noon -1:30 pm
Registration Fee: $40
Platinum, Gold, Silver, and Bronze recipi-
ents in the NLC Certificate of Achievement
in Leadership program will be recognized.
Fadlitators:
Leadership Training CoWlcil
AFfERNOON SEMINARS
Sunday, March 11, 2007
L13: Local Economic
Development: The Good, Bad,
& Ugly
1:30 - 5:00 pm
Registration Fee: $105
Competency: Competent Practitioner
Officials lead with their vision of city renew-
al. However, they often find themselves in a
conundrum over whether the public benefits
promoted are worth the long-term tax breaks
that the private development partners
demand. \\I'ha!'s a city official to do? Know
how to address the technical problem by
learning the tools to discern the good from
bad proposals. Understand the economic
dynamics in three urban markets - housing,
labor, and education. Learn how these are
inextricably linked, creating the ugly blight-
ed conditions that are targeted by good eco-
nomic development policy.
IllStructor:
Lloyd Blanchard, Professor. Svracuse
University, Syracuse, NY -
L14: M.E.E.T. on Connnon
Ground: Speaking up for Resped in
your City
1:30 - 5:00 pm
Registration Fee: $105
Competency: Communicator
Local leaders can contribute to an exciting,
positive community council that promotes
personal responsibility and respect in their
cities. Unlike programs that focus on high
level strategic theories, learn and explore a
unique 'grollnd zero' approach. Gain prac-
tical skills that you can lIse to create a
respectful and inclusive community.
Instructor:
Dr. Todd .'lI\vood, Principal & CEO,
Todd Arwood Performance Partners,
Louisville, KY
US: Effet1ive Parliamentary
Procedure for D}.namic C,,(Juncil
Meetings
1:30 pm - 5:00 pm
Registration Fee: $105
Competency: Cornerstone
Und~rstand the elements of leading a great
meetmg! Learn how to handle the basic
and essential parliamentary processes for
handling motions, amendments, taking
votes and handling debate. Discover the
tools to be more confident in your ability
to engage, as well as lead a great meeting.
Learn how to use the tools necessary to
create a fair and balanced atmosphere in
meetings where members can respectfully
disagree, yet function in the best interest of
the community at large.
Instructor:
Nancy Sylvester, MA, PRP, CPP-T,
Rockford, IL
)7~
The 2007 c.ongreSSiOna City Conference will feature general
sessions, workshops, and strategy meetings built around
NLC's lobbying priorities for the first session of the 110th
Congress. Key issues likely to be on federal agenda in 2007 include:
Emergency Management and Homeland Security
Incoming Congressional leaders pledge to enact the remaining recommendations of the 9/11 Commission, including
funding formulas, allocation of valuable radio spectrum for local governments to communicate during emergencies,
and jurisdiction over federal homeland security programs in Congress. The Department of Homeland Security's
progress in implementing homeland security and emergency management programs including reform of FEM1\
enacted by the 109th Congress will be the subject of extensive oversight in the 11 Oth Congress.
Transportation Financing and Reauthorization
A specially appointed commission has been charged with recommending to Congress surface transportation funding
alternatives and is holding hearings across the country. An update on the commission's activities is due this summer
unless Congress extends the deadline. Congress also will begin debate on reauthorization of federal aviation legisla-
tion, including the formula for federal funding and municipal control over passenger facilities charges.
Telecommunications Reform
Local government's authority to control rights of way, collect local franchise revenue, oversee customer service, and
offer municipal broadband services continues to be under attack at both the state and federal levels. City officials
must be prepared to refute industry arguments that local franchising impedes competition and to make the case for
local management of municipal rights of way.
Eminent Domain
Both Congress and many state legislatures continue to consider legislative proposals to constrain local governments'
use of eminent domain in the wake of the Supreme Court decision in the Kelo v. City of New London case. Since
that case was decided, 31 states and Congress have enacted measures that affect local governments' use of this impor-
tant redevelopment tool. Sessions will cover the latest developments on the federal and state levels and strategies for
managing this politically charged issue.
Community Development and Affordable Housing
Despite .t\TLC's continued success in preserving the Community Development Block Grant (CDBG) program in the
Department of Housing and Urban Development and securing increased funding for other federal housing pro-
grams, these important resources will continue to face challenges in the federal budget. Sessions will cover strategies
on how you can help preserve these important resources.
The Fiscal Year 2008 Budget
The next federal budget will face intense pressure, including continued support for the war in Iraq, pressure to
reduce the federal deficit, tax reform, and new budgeting rules. This will mean that federal programs important to
cities and towns, including CDBG, housing, public safety, homeland security, and education could be under attack.
Educational Reform
The No Child Left Behind Act is scheduled to be reauthorized in 2007. An NLC Task Force developed a set of rec-
ommendations for reforming the Act to close the gap between its requirements and feasible implementation. City
officials - many of whom have little control over schools but are often blamed when they fail- must be prepared to
advocate for ne~ed reforms and appropriate federal funding to support local efforts and meet federal requirements.
Alternative Energy and Climate Change
Energy and environmental issues of concern to local governments did not get much attention in the 109th Congress,
but the incoming leadership of relevant committees in the House and Senate already has announced its intention to
hold global warming hearings soon after the 110th Congress convenes. Funding for city environmental programs
continues to decline, and city officials need to speak out against new environmental mandates that EP A seeks to
impose to raise additional revenues.
Visit the NLC website at www.nlc.org for regular updates on key issues and advocacy priorities.
Sgl/Dbl
_ Westin Embassy Row $196/$196
_Omni Shoreham $205/$205
_Renaissance Mayflower $218/$218
Westin Grand $196/$196
_ SI. Gregory Hotel $200/$200
Beacon House $191/$191
_ Capital Hilton/Sid Rm $219/$245
_ Capital Hilton/Club Lvi $255/$2i5
Hotel Deposit:
All major credit cards with expiration date of 03/07 or later are accepted at the conference
hotels. All checks, government purchase orders, vouchers or claims must be submitted to the hotel
with 6 digit REG ID indicated on NLC Meeting Services confirmation FOUR WEEKS prior to
your arrival but are su~ect to hotel approval.
Registration Fee Payment Information:
{You must check one of the options below.]
o Charge my REGISTRATION FEES to VISA, MasterCard or AMEX listed below
o Check for REGISTRATION FEES made payable to National League of Cities
D Purchase Order for REGISTRATION FEES - copy must be enclosed & payment must be
received by March 3,2007 .
Hotel Deposit Payment Information:
{You must check one of the oplions below.]
o Charge my HOTEL DEPOSn' to the credit card listed below
D Check for HOTEL DEPOSIT - please submit to hotel address noted on confirmation
FOUR WEEKS prior to your arrival- subject to hotel approval
o Purchase Order for HOTEL DEPOSIT - submit to hotel address noted on confirmation
FOUR WEEKS prior to your arrival- su~ect to hotel approval
Credit Card Authorization:
NLC Meeting Services is authorized to use the card below to pay all applicable registration fees and
guarantee my hotel reservation. I understand that one night's room charge plus tax will be billed
through this card if I fail to show up for my assigned housing on the confirmed date, unless I have
cancelled my reservation with the hotel at least i2 hours in advance. I also understand some hotels
'Will process the credit card for one night's deposit immediately upon receiving reservation informa.
tion from NLC Meeting Services.
Visa/MC/ AMEX #:
Card Holder Name
Card Holder Signature
Additional Credit Card Authorization:
For hotel deposit only if different than the credit card number listed above.
(Expiration date must be 03/07 or later, per hotel requirement.)
Visa/MC/ AlvfEX #:
Card Holder Name
Card Holder Signature
Return Conference Registration and Housin~ Form to:
Fax: i03-631-6288 (Credit Card and Purchase Orders Only - No Checks)
Mail: NLCMeetingServices.c/ 0 J. Spargo & Associates,
11208 Waples Mill Road, Suite 112, Fairfax, VA 22030
For more information and/or changes:
Phone: 888-319-3864 or i03-449-6418
Email: nlccccregandhousing@jspargo.com
OlJiceuseon!J>: Payment Check# Amount Office use only: Hotel_ Subblk_ Cate_ Rate
L_____________________________________________________---~---
.
No housing or registration will be processed without accompanjiug payment inJuIl.
Are you a newly elected official? Size of city?
Name
Sex
Title
City/Organization
Mailing Address
City
Phone
Email
Confirmation Format - HTML: 0 YES
Spouse/Partner Name- ($35 fee)
"SpouselParlJ1n oat eligible}Or a separate horet room
Child Name (14 and under, no fee) Age
Youth Delegate" (15-18, $75 fee) Age
.. LocaII!Di,ials are encouraged to register youth as active parlicipallts in this COIifer_ to colllribule to NLC's youth agenda.
If the youth delegate ,<qUi,., hotel """""owdarions _,ate from you,,- attach the l'egistratWnfimn with _ rompkftdf.rnl.
State_Zip
Fax
o NO
.
Youth Chaperone Name ($i5 fee)
Special Conference Rates
SG $35 Spouse/Partner (non-refundable) $
i $i5 Youth Delegate $
8 $i5 Youth Chaperone (not applicable to elected olJicials) $
Advance Registration Fees (postmarked by February 5, 20Cf'1)
5 $340 First Time Attendee $
1 $410 NLC Member City (On-site rate is $460 after 2/5/0i) $
2 $410 Associate Member (On-site rate is $460 after 2/5/07) $
3 $530 SML Member City (On-site rate is $590 after 2/5/0i) $
4 $635 Non-Member/Other (On-site rate is $680 after 2/5/0i) $
Registration for I...e.ade.rship Training Institute Seminars
(Salurday, March 10, 2007)
1'00 must be registered Jor the conference iu order to attend.
LOl $165 Developing a!l Effective Emergency Preparedness Pla!l
L02 $165 Building Comrn\miti~: The Challenge of Change
L03 $165 Performance Relxlrting: Being AccO\Ultahle t,) your Constituents
L04 $105 Mentoring: A Legacy of Excellence
L05 $105 Budgeting for Outcomes
L06 $105 Just Do It! Building Coalitions and C:onnc<.-ting Cultures
'Witl, Youth
LOi $105 Crisis Communications Planning and Preparation:
Dealing with Risk. Facing Responsibility $
Registration for Leadership Training Institute Seminars
(Sunday, March 11, 2007)
L08 $165 Strategk. Governance: Finding, RC(:ogni7,ing,
3-'1d Securina the Future
L09 $!()5 Strategies for Strengthening the Availability of Housing
Affordable to Working Famili,,,
Perfecting Your Message: A Guide fOr Elccted Otlicials
Getting from Conllict to Confrontation to Resolution
Local Economic Development: The Good, Bad, and Ugly
l"LE. E. I on Commcm Ground: S!"".tking up for Resped in
your City $
LIS $105 Effective Parliamentary Procedure for Dynamic Council Meetings $
Special Events
PI $35 Celebrate Diversity Breakfast
Ll2 $40 Leadership Luncheon
Constituency Group Events
You must be registered for the conference in order to attend.
AI $35 APAMO Activity Fee
Gl $35 GLBW Activity Fee
Hi $45 HEW Activity Fee
Nl $95 NBC-LEO Acti\~ty Fee
WI $45 WIMG Luncheon
Total Registration Fee:
$
$--..-....................-.....
$..........................
$
$
$
LI 0 $105
L11 $105
LI3 $105
L14 $105
$
$...
$
$
$-----
$
$
$
$
$
$
$
$
.
Registration Cancellation Policy:
All requests must be received in writing, postmarked by February 5, 2007, and are subject to
a $50 cancellation fee. No partial refunds will be made if you decide not to attend particular
functions. No registrations or cancellations will be accepted by telephone. No cancella-
tions will be accepted after February 5, 2007.
Hotel Reservations:
You must be registered to reserve a hotel room. To guarantee your room. all hotels require one night's
deposit plus 14.5% tax, per room 21 days prior to your arrival. This is required even if you plan to arrive
before 6:00 p.m. If accommodations are not guaranteed 21 days in advance, the reservation will be cancelled.
o Please make my hotel reservation as indicated below.
o I do not require hotel acoommodations at any of the hotels listed below.
D Please contact me regarding suite information.
Room Dates: Arrival Date: ---1---1_ Departure Date: ---1_/_
Sonre h.lt~ eMlg' an earlydepa,ture fet. Q"'firm >""r affit'Ol and departure dolt, are COTl'ed.II
NLC Meeting Strvia< andHotel confi1'llUJJioas
D Single (1 person/l bed) 0 Smoking
o Double (2 pecple/l bed) D Non-Smoking
o Double/Double (2 pecple/2 beds)
Holt~ attempt to pr(l1,iJe room type preferrnce but it is /1I)t guaranteed.
Sharing My Room With:
(This is flIT holtl check.in purposes)
Special Housing Request (e.g., wheelchair accessible rOOlllS,etc.):
If you have special housing or transportation needs. please contact NLC Meeting Services.
Hotel Choices:
Indicate your first-choice hotel with the number "1". Number the other hotels from "2" to "IS" in
order of your preference. The hotels below are listed in order of proximity to host hotel. .Hilton
Washington & Towers ("HUton Wash") is the headquarters hotel.
Sgl/Dbl
$219/$245
$255/$2i5
$195/$215
$180/$180
$160/$160
$185/$185
$189/$189
Room Type
Preference:
Hihon Wash Std Room'"
Hilton Wash Club Level'"
Churchill
_ Courtyard by Marriott
_Jurys Normandy
_ Jurys Washington
_ Hilton Wash Embassy Row
Exp. Date
Exp. Date_
For FASTER REG1"TRATION, use your credit card (V~ MasterCard, or American Express) ~ II III
and FAX your form to (703) 631-6288.
.
.
.
J 1- (p
COUNCIL MEMBER ATTENDANCE AT NATIONAL CONFERENCES
2004 - 2007
CONFERENCE DATE LOCATION ATTENDEES
2004
NLC March 5-9 Washinaton, DC Kirsch
NLC April 29-May 1 Portland, OR Sandahl
Institute for Rosenberg
Youth,
Education and
Families
NOISE July 21-23 TBA None
NLC November 30 - Indianapolis, IN None
December 4
2005
NLC March 11-15 Washington, DC Kirsch
Congressional
City
.Conference
NOISE July 20-22 Eaaan, MN All
NLC December 6-10 Charlotte, NC None
Congress of
Cities
2006
NLC March 11-15 Washington, DC Kirsch
Congressional
City
Conference
NOISE September 27-29 San Francisco, CA Kilian
NLC December 5-9 Reno, NV Sandahl
Congress of
Cities
2007
NLC March 10-14 Washington, DC
Congressional
City
Conference
NOISE July 18-20 . Atlanta, GA
NLC November 13-17 New Orleans, LA
Congress of
Cities
01/02/07
.
.
2.
3.
4.
5.
. 6.
J 7-- 7
ELECTED OFFICIAL
OUT-OF-STATE TRAVEL POLICY
CITY OF RICHFIELD
PERSONNEL POLICY
DATE: November 2005
SUBJECT: Elected Official Out-of-State Travel Guidelines
Introduction
According to State Statute 471.66, by January 1,2006, the governing body of cities and school districts
must adopt a policy that controls out-of-state travel for elected officials. This policy must be voted upon,
reviewed annually, and specify:
1) when travel outside the state is appropriate;
2) applicable expense limits; and
3) procedures for approval of the travel.
PurDose
The City of Richfield recognizes that its elected officials may at times receive value from traveling out of
the state for workshops, conferences, events and other assignments. This policy sets forth the
conditions under which out-of-state travel will be reimbursed by the City.
General Guidelines
1. An event, workshop, conference or assignment must be approved in advance by a motion of the City
Council at an open meeting and must include an estimate of the cost of the travel. In evaluating the
out-of-state travel request, the Council will consider the following:
. Whether the elected official will be receiving training on issues relevant to the City or to his or her
role as the Mayor or Council Member;
. Whether the elected official will be meeting and networking with other elected officials from
around the country to exchange ideas on topics of relevance to the City or on the official roles of
local elected officials;
. Whether the elected official will be viewing a city facility or function that is similar in nature to one
that is currently operating at, or under consideration by the City where the purpose for the trip is
to study the facility or function to bring back ideas for the consideration of the full Council;
. Whether the elected official has been specifically assigned by the Council to visit another city for
the purpose of establishing a goodwill relationship such as a "sister-city" relationship;
. Whether the elected official has been specifically assigned by the Council to testify on behalf of
the City at the United States Congress or to otherwise meet with federal officials on behalf of the
City;
. Whether the City has sufficient funding available in the budget to pay the cost of the trip.
Council Members who attend an out-of-state, City-funded event, workshop or conference shall give
an oral report on the results of hislher trip at the next regularly scheduled Council meeting.
No reimbursements will be made for attendance at events sponsored by or affiliated with political
parties.
The City may make payments in advance for airfare, lodging and registration if specifically approved
by the Council. Otherwise, all payments will be made as reimbursements to the elected official.
The City will reimburse for transportation, lodging, meals, registration, and incidental costs using the
same procedures, limitations and guidelines outlined in the City's out-of-state travel policy for City
employees.
The City Council may make exceptions to this policy if approved by the majority of the City Council.
Approved: Isl Steven L. Devich
City Manager