The URL can be used to link to this page

01-23-07 Regular . . . CITY OF RICHFIELD, MINNESOTA TUESDAY, JANUARY 23,2007 ********************************************************************************************************** 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. Discussion regarding City Council procedures Adjournment ********************************************************************************************************** REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 6700 PORTLAND AVENUE 6:30 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of (1) Special City Council Meeting of January2, 2007; (2) Special City Council Meeting of January 8, 2007; (3) Special City Council Worksession of January 9, 2007; and (4) Regular City Council Meeting of January 9,2007 . . . COUNCIL DISCUSSION 1. Council.discussion . Edina City Council Meeting - Richfield's position on 69th Street & York/Xerxes Avenue development . Hats Off To Hometown Hits Notes: AGENDA APPROVAL 2. Council approval of agenda CONSENT CALENDAR 3. 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 continuing public hearing to February 13, 2007 regarding request for amendment to conditional use permit to allow installation of additional pump and overall reconfiguration of existing service station/convenience store at 6744 Penn Avenue S.R. No. 26 B. Consideration of approval of resolution authorizing purcha~e of real property at 7201 Nicollet Avenue, first reading of transitory ordinance authorizing sale of property to HRA for affordable home development, and scheduling public hearing and second reading for February 13, 2007 S.R. No. 27 C. Consideration of approval of resolution authorizing amendment to cooperative agreement for Cedar Point project with Hennepin County S.R. No. 28 D. Consideration of approval of resolution appointing Patrick Riley, representing Americlnn, to Richfield Tourism Promotion Board for three-year term ending December 31,2009 S.R.No.29 E. Consideration of approval of resolution accepting grant of $13,050 from U.S. Department of Homeland Security Assistance to Firefighters Grant Program to Richfield Fire Department S.R. No. 30 F. Consideration of approval of resolution accepting all grants and donations received by Richfield Recreation Services Department S.R. No. 31 G. Consideration of approval of Public Health Mutual Aid Agreement between eleven subdivisions in Stat~ of Minnesota, including Richfield, for strengthening preparedness of public health system in Minnesota S.R. No. 32 H. Consideration of approval of request by Edina Morningside Rotary for itinerant place of amusement, itinerant food and temporary 3.2 percent malt liquor licenses for Snowbowl event on Saturday, January 27,2007 at Lariat Lanes, 6320 Penn Avenue S.R. No. 33 Notes: . . . 4. Consideration of items, if any, removed from Consent Calendar Notes: PROPOSED ORDINANCES 5. Consideration of first reading of franchise ordinance and agreement with Northern States Power Company, dba Xcel Energy, allowing and setting terms for Xcel Energy's use of City right-of-way and scheduling public hearing and second reading for February 27,2007 Staff Report No. 34 Notes: 6. Consideration of resolution and first reading of ordinance establishing onE~-year moratorium on installation, erection, construction, replacement, modification or improvement of static or changing electronic, digital, video display signs or billboards and flashing, motion, animated and changeable copy signs in all zoning districts and scheduling second reading for February 27, 2007 Staff Report No. 35 Notes: OTHER BUSINESS 7. Consideration of use of combined architectl"at risk" construction manager-construction delivery method and selection of surface treatment for maintenance facility exterior Staff Report No. 36 Notes: 8. Consideration of appointments to City advisory commissions Staff Report No. 37 Notes: CITY MANAGER'S REPORT 9. City Manager's report . Notes: 10. 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: 11. Special City Council Closed Executive Session in Executive Conference Room regarding attorney-client discussion related to status of City's lawsuit against the Metropolitan Airports Commission 12. Adjournment of Regular City Council Meeting . 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 3A 26 ....... STAFF REpORT RICHFIELD CITY COUNCIL MEETING JANUARY 23, 2007 REpORT PREPARED By: MELISSA POEHLMAN, PLANNING & ZONING ADMINISTRATOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Continue the public hearing regarding a request for an amendment to a conditional use permit to allow the installation of an additional pump and the overall reconfiguration of an existing service station/convenience store located at 6744 Penn Avenue to February 13, 2007. I. RECOMMENDED ACTION: By Motion: Continue the public hearing regarding a request for an amendment to a conditional use permit to allow the reconfiguration of an existing service station/convenience store at 6744 Penn Avenue to February 13, 2007. I II. BACKGROUND I On December 22, 2006, the Planning Commission voted to continue the public hearing regarding this issue to January 22, 2007 so that staff and the applicant could continue to discuss outstanding issues. In error, the public hearing before the City Council remained scheduled for January 23, 2007 and was published as such; however, mailed notices were not sent to neighbors within 350 feet. In order to allow staff to prepare materials that incorporate Planning Commission comments and to provide the mailed notice that is required by Ordinance, the public hearing should be continued to February 13, 2007. 012307 - ACUP 6744 Penn Continue PH . I III. BASIS OF RECOMMENDATION I I A. POLICY I . To ensure that Planning Commission comments are incorporated into the materials provided to Council, public hearings are not generally scheduled on consecutive nights. I B. CRITICAL ISSUES I . Mailed notice has not been provided to residents within 350 feet of the subject property, as required by Ordinance. . Mailed notice of the February 13, 2007 public hearing shall be provided in accordance with the Ordinance. I C. FINANCIAL . N/A I D. LEGAL I . The required mailed notice has not been provided. . The "60-day" clock began on January 16, 2007. The City CounCil must issue a decision on this item by March 17,2007. . I IV. ALTERNATIVE RECOMMENDATION(S) . N/A I V. ATTACHMENTS . N/A I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . N/A . . . . AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 3B 27 ...... STAFF REpORT RICHFI ELl) CITY COUNCIL MEETING JANUARY 23, 2007 REpORT PREPARED By: BRUCE NORDQUIST, HOUSING AND REDEVELOPMENT 11ANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ REVIEWED By CITY 11ANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution authorizing the acquisition of 7201 Nicollet Avenue and first reading of a transitory ordinance authorizing the sale of the property to the Housing and Redevelopment Authority for affordable home development; schedule the public hearing and second readinQ for Februarv 13, 2007. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the purchase of real property located at 7201 Nicollet Avenue and conduct the first reading of a transitory ordinance authorizing the sale of property to the Housing and Redevelopment Authority for affordable home development; schedule the public hearing and second reading for February 13, 2007. I II. BACKGROUND I The owners of 7201 Nicollet Avenue have approached the Housing and Redevelopment Authority (HRA) to purchase their property. The house at this location was built in 1933, has one bedroom, and 688-sq. ft. of living space. An appraisal and inspection have been performed. The property has an.appraised value of $182,000. The inspection noted that the house has substandard conditions 0123077201 Nicollet Avenue . that qualify the use of funding. The house is located on a double lot with approximately 11 ,645-sq. ft. It is planned that, if the City Council authorizes purchase, there will be multiple additional steps as part of a New Home Program affordable homes project: . CDBG funds provided by Hennepin County would be used for a portion of the purchase. . A house concept and Development Agreement with the HRA would be prepared with Greater Metropolitan Housing Corporation (GMHC) as the nonprofit developer. The home at 6329 14th Avenue was recently completed, demonstrating GMHC's abilities. . The lot, upon clearance of the substandard structure is a double lot that yields a minimum of two single-family homes following consideration by the Planning Commission and City Council for a subdivision waiver. The Comprehensive Plan allows for a higher density single family use, which can also be considered. . The negotiated purchase price based on appraisal for 7201 Nicollet Avenue is $182,000. The City participates in the acquisition process so that any program income, such as repayment of the second mortgage financing assistance to a future qualified first time buying family, can be retained by the HRA for housing program purposes. Because of the use of CDSG funds, if the HRA purchased the property directly, program income would go back to Hennepin County. . I III. BASIS OF RECOMMENDATION I I A. POLICY I . The use of CDBG funds to buy small substandard houses and to construct an affordable new home with a nonprofit developer has been a successful program model for the HRA that the City has supported. . In November 2006 the Planning Commission found the acquisition and disposition of 7201 Nicollet Avenue for single family housing purposes to be consistent with the Comprehensive Plan. . The HRA approved the acquisition on December 18,2006. . The City conveys property through a transitory ordinance/public hearing process. lB. CRITICAL ISSUES I . The owner has moved to a new location and wants to sell the vacant home to the H RA. . Acquisition for demolition and redevelopment on sites scattered throughout Richfield has been well received. The neighborhood would be asked to become involved as the new housing concept is developed. . The house concept and a Contract for Development need to be . finalized. . A very small house with no remodeling potential is being replaced with two or more newly constructed three to four bedroom houses for families to buy. . . . . . The ongoing relationship with GMHC helps solve for financial gaps that provide new homes for first home buyers. The use of CDBG funds requires that a household with an income less than 80 percent of the median be served. A family of four would need to have an income of less than $59,600. . Ie. FWANC~L I . CDBG funds would cover $82,000 of the purchase price. The City and Hennepin County recently approved the programming of CDSG for this acquisition activity. . Housing Fund resources administered by the HRA would cover $100,000 of the purchase. The 2007 HRA budget provides for this expense. . The construction costs would be covered by proceeds of sale of the new housing, . No City General Fund revenues would be used for the purchase. ID. LEGAL I . A public hearing is required at the second reading of the transitory ordinance and is being scheduled for February 13, 2007. . The City/HRA standard form Purchase Agreement will be used for the property acquisition. The City is the initial purchaser with a subsequent sale to the HRA arranged for $1. . There are no known title or environmental conditions that would affect the purchase. . The purchase is contingent upon the City's consideration of purchase. I IV. ALTERNATIVE RECOMMENDATION(S) . Do not acquire the property. I V. ATTACHMENTS . Resolution . Transitory Ordinance I VI. PRINCIPALPARTIEsEXPECTEDATMEETWG . N/A . . . 36-1 RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF REAL PROPERTY LOCATED AT 7201 Nicollet Avenue WHEREAS, the City of Richfield, Minnesota (the "City") has considered the purchase of 7201 Nicollet Avenue with Community Development Block Grant (CDBG) funds on behalf of the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (the "HRA") for $182,000. The property is legally described as: 7201 Nicollet Avenue: Lots 11 and 12, Block 3, Wooddale 2nd Addition, Hennepin County WHEREAS, the City proposes to sell the properties to the HRA for $1.00, in furtherance of HRA housing programs; and WHEREAS, pursuant to the City Charter, Section 13.04, the City is authorized to sell its property following a public hearing for which notice was published not less then ten days before such h~aring. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota as follows: 1. The City Manager and Mayor are authorized to take those actions necessary to purchase 7201 Nicollet Avenue for $182,000. 2. The City shall hold a public hearing and second reading of the ordinance regarding the sale of the land to the HRA on Tuesday, February 13, 2007. 3. The City Clerk is directed to publish notice of such hearing in the official newspaper of the City and post notice of said hearing. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of January, 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk . . . 36-d.- TRANSITORY ORDINANCE NO. AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE SALE, TRANSFER OR OTHER DISPOSITION AND CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY lOCATED IN THE CITY OF RICHFIELD, COUNTY OF HENNEPIN, STATE OF MINNESOTA (7201 Nicollet AVENUE) The City of Richfield Does Ordain: Section 1. The following described real properties located in the City of Richfield, County of Hennepin, State of Minnesota, are hereby authorized to be sold, transferred or otherwise disposed of and conveyed by the City as herein provided: 7201 Nicollet Avenue: Lots 11 and 12, Block 3, Wooddale 2nd Addition, Hennepin County Section 2. The Mayor and City Manager are hereby authorized to take all action as is required to sell, transfer, or otherwise dispose of and convey the real property described in the foregoing Section 1, including, by way of illustration and not limitation, the execution of all documents, purchase agreements, deeds of conveyance, and other instruments connected with such sale, transfer or disposition and conveyance. Passed this 13th day of February 2007 by the Richfield City Council. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk . AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 3C 28 ....... STAFF REpORT RICHFIELD I CITY COUNCIL MEETING JANUARY 23, 2007 REpORT PREPARED By: PAT SMITH, COMMUNITY DEVELOPMENT 11ANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ [l(.~ . REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of an Amendment to the Cooperative Agreement for the Cedar Point Project with Hennepin County. I. RECOMMENDED ACTION: By Motion: Adopt a resolution approving an Amendment to the Cooperative Agreement for the Cedar Point Project with Hennepin County. I II. BACKGROUND I On December 14, 2004, the Hennepin County Board of Commissioners (Board) approved a budget that included $2 million in grant Multi.-Jurisdictional Project Funds (MJP) as assistance for Cedar Point Commons. On January 18, 2005 the Housing and Redevelopment Authority (HRA) approved a Cooperative Agreement with Hennepin County for the administration of the MJP grant. On . January 25, 2005 the City Council approved the Cooperative Agreement. The proposed Amendment (attached) would provide $500,000 in additional grant funds on a reimbursement basis. 012307 - MJP amendment . The provision of these funds is governed by the terms of the original Cooperative Agreement between the Hennepin County Board, the Hennepin County HRA, the City of Richfield and the Richfield HRA. Under the original Agreement, these funds could be used to reimburse appraisal costs, real estate purchase costs, demolition costs, environmental investigationlremediation costs and relocation benefits related to the Cedar Point Commons project. I III. BASIS OF RECOMMENDATION I I A. POLICY I . Hennepin County has designated $500,000 in additional Multi- Jurisdictional Project Funds for use in assisting redevelopment of Cedar Point Commons. . The Richfield HRA and City Council must be partied to an Amendment to the Cooperative Agreement with Hennepin County in order to receive these funds. lB. CRITICAL ISSUES I . . The HRA approved the proposed Amendment to the Cooperative Agreement at their January 16, 2007 meeting. . Hennepin County requires approval of the Cooperative Agreement by the City of Richfield prior to consideration and approval by their respective HRA and Board. . I C. FINANCIAL I . The $500,000 will offset the additional costs of the properties that the HRA acquired as part of the Development Agreement with Ryan Companies US, Inc. I D. LEGAL I . Legal counsel has reviewed the attached Amendment. I IV. ALTERNATIVE RECOMMENDATION(S) I . Do not approve the proposed Amendment. . Suggest modifications to the proposed Amendment, which mayor may not be to the satisfaction of the other involved parties. . Continue consideration of the proposed Amendment in order to seek more information about the terms of the Amendment. I V. ATTACHMENTS . Resolution. . Amendment to the Cooperative Agreement for Cedar Point Commons . I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . N/A . . . ~ C.-I CITY OF RICHFIELD RESOLUTION NO. RESOLUTION APPROVING AMENDMENT AND DESIGNATING HOUSING AND REDEVELOPMENT AUTHORITY TO ADMINISTER FUNDS WHEREAS, the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (the "Authority") is undertaking a redevelopment project called Cedar Point, hereinafter called the "Project"; and WHEREAS, the Project is included within The Richfield Redevelopment Project Area, duly established by Resolution No. 8030, adopted on June 14, 1993 (the "Project Area"); and WHEREAS, the City of Richfield (the "City") will be providing financial assistance to the Project, which will include tax abatements; and WHEREAS, the Project fits within the goals of a multi-jurisdictional reinvestment program authorized under Minnesota Statutes Section 383B.79 by including corridor planning, acquisition of property, development of commercial projects and job creation; and WHEREAS, the Board of Commissioners of the County has approved the Project, and the multi-jurisdictional reinvestment program (the "Program"), and authorized the County's participation in the Project; and WHEREAS, the Authority and the Hennepin County Housing and Redevelopment Authority have the authority to undertake and participate in the Project pursuant to Minnesota Statutes Sections 469.001 to 469.047, 469.1812 to. 469.1815 and other applicable law; and WHEREAS, the funds provided by the County will be used to pay qualifying costs incurred for the Project, which are limited to appraisal costs, real estate purchase costs, demolition costs, environmental investigation/remediation costs, and relocation "benefits; and WHEREAS, the funds provided by the County to the City will be furnished by the City to the Authority for reimbursement of such qualifying costs; and WHEREAS, in accordance with the provisions of Minnesota Statutes, Sections 383B.79 and 471.59 a proposed Amendment to the Cooperative Agreement for Cedar Point Project (the "Amendment") has been presented to the Authority for its consideration; and 012307 - MJP amendment . . . j~~~ WHEREAS, the City has reviewed the proposed Amendment and received the recommendation of staff that the Amendment be approved; NOW, THEREFORE, BE IT RESOLVED By the City of Richfield, Minnesota as follows: 1. The Amendment is approved in substantially the form presented. 2. The funds obtained by the County pursuant to the Amendment are hereby pledged to the Authority, and the Authority is hereby authorized and directed to expend such funds pursuant to and in accordance with the provisions of the Amendment. 3. The Mayor and City Manager are authorized to execute the Amendment on behalf of the City and to take all actions and do all things that are reasonabl'e necessary to the fulfillment of the City's obligations under the Amendment. Approved by the City Council of the City of Richfield this 23rd day of January, 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk . . . 3C,-3 Hennepin County Contract No. A050010 FIRST AMENDMENT TO COOPERATIVE AGREEMENT FOR CEDAR POINT PROJECT This First Amendment is made and entered into by and between the County of Hennepin, State of Minnesota, a public body corporate and politic, hereinafter referred to as the "COUNTY," the Hennepin County Housing and Redevelopment Authority, a Minnesota public body corporate and politic, hereinafter referred to as the "HCHRA", a Minnesota public body corporate and politic, and the City of Richfield, a Minnesota municipal corporation, hereinafter referred to as the "CITY," and the Housing and Redevelopment Authority in and for the City of Richfield, a Minnesota public body corporate and politic, hereinafter referred to as the "AUTHORITY" . WHEREAS, the parties entered into Contract No. A050010 (the "Agreement") as authorized by Resolution No. 05-HCHRA-4; and WHEREAS, the Agreement between the parties provides for completion of the Cedar Point Project and disbursement of funds by December 31,2010; and WHEREAS, the Agreement between the parties provides that the COUNTY shall provide $2,000,000 in project funding; and WHEREAS, by Resolution 06-546Rl the COUNTY authorized additional funding for the project; and NOW, THEREFORE, the parties agree to amend the Agreement as follows: 1. Article II shall be amended to read: ARTICLE II Source of Funds The County will contribute $2,500,000.00 on a reimbursement basis to the City in support of the Project upon receipt of proper verification from the City that eligible expenses have been incurred in accordance with the terms of Article III below. 2. Article IX shall be amended to read: ARTICLE IX Amendments This Agreement creates no obligation on the County, other than the obligation to make the payments according to the terms contained herein. Without limitation, this Agreement shall not be construed as obligating the County or the HCHRA to . . . 3 0~Y acquire property, to make relocation benefit payments to displaced parties, or to to make any payment of any nature to a redeveloper selected by the Authority to develop the-Property. Other than the County obligation created under this Agreement, the City/Authority hereby releases, indemnifies and agrees to defend and hold harmless the County and the HCHRA, their officers, agents and employees, from any claims based on the development of the Project. Except as herein amended, the terms, conditions and provisions of the original Agreement shall remain in full force and effect. COUNTY BOARD APPROVAL The CITY and the HCHRA having signed this amendment, and the Hennepin County Board of Commissioners having duly approved this 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. 2 . . . ATTEST: Deputy/Clerk of County Board Approved as to form and execution: Assistant County Attorney Approved as to form and execution: City Attorney Date: ,20_ Approved as to form and execution. Authority Attorney Date: , 200_ 3~-5 COUNTY OF HENNEPIN STATE OF MINNESOTA By: And: And: By: Chair of Its County Board Assistant/Deputy /County Administrator Assistant County Administrator, Public Works RECOMMENDED FOR APPROVAL: Director, Housing, Community Works, and Transit CITY OF RICHFIELD By: Its: Mayor By: Its: City Manager HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD By: Its: 3 . . . . ' ~(,-(p HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY By: Chair of Its Board By: Its: Executive Director 4 . . . AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 3D 29 ....... STAFF REpORT RICHFIELD CITY COUNCIL MEETING JANUARY 23, 2007 REpORT PREPARED By: STEVEN L. DEVICH, CITY MANAGER NAME, TITLE REpORT PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of an appointment to the Richfield Tourism Promotion Board. I. RECOMMENDED ACTION: By Motion: Adopt a resolution appointing Patrick Riley to the Richfield Tourism Promotion Board for a three-year term ending December 31, 2009. I II. BACKGROUND I On June 25, 1990, the City Council approved an ordinance to levy a 3% tax on gross receipts of lodging from Richfield Hotels and Motels pursuant to Minnesota Statutes. The establishment of the Richfield Tourism Promotion Board, Inc. (RTPB) and the appointment of directors were also a part of the resolution. Currently, there are five director positions on the Board. The term of each appointment is for three years and terms are staggered to maintain Board continuity. The current appointments to the Tourism Board and the ending dates of their terms are as follows: ' 1. Russ Susag, representing the Richfield Chamber of Commerce, term ending December 31 , 2008. 2. Rudy Hanuman, General Manager of Candlewood Suites, term ending December 31 , 2009. 3. Vacant, General Manager of Americlnn, term ended December 31, 2006. 0123Tourism Bd Appt . 4. Robyn Goolsbey, Hampton Inn, term ending December 31, 2009. 5. Vacant, General Manager of Motel 6. Ron Theis has been the General Manager of the Americlnn for the past several months and has served on the RTPB. He has recently resigned his position to take another position outside of the Americlnn. The Board position for the Americlnn is now vacant and should be filled. . Patrick Riley has been selected as the new General Manager of the Americlnn. The Americlnn has requested that Mr. Riley replace Mr. Theis on the RTPB. Mr. Riley has over 23 years of diverse experience in the hospitality industry and has overseen the management of the Americlnn Richfield since July 2002. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The City Council has the authority to make appointments to the RTPB. . The RTPB has typically included a representative from each property. . Mr. Riley is the General Manager of the Americlnn and is interested in appointment to the RTPB. CRITICAL ISSUES I . The Americlnn has historically had a seat on the RTPB and as such, the appointment sho~ld be made as soon as possible. lB. I C. FINANCIAL . There is no cost to the City. I D. LEGAL I . The appointment conforms to CityOrdinance and bylaws of the RTPB. I IV. ALTERNATIVEREcOMMENDATION(S) I . The City Council could decide not to appoint Mr. Riley to the RTPB. . The City Council could choose to review this matter at a future date. I V. ATTACHMENTS . Resolution. . Letter from Riley Hospitality, Inc. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING I . Patrick Riley, General Manager of the Americlnn . . . . 3 D- \ RESOLUTION NO. RESOLUTION APPOINTING REPRESENTATIVE TO THE BOARD OF DIRECTORS OF THE RICHFIELD TOURISM PROMOTION BOARD, INC. WHEREAS, the City of Richfield has levied a 3% tax on the gross receipts of lodging from hotels and motels in the City pursuant to Minnesota Statute Section 169.190; and WHEREAS, Minnesota Statute Section 169.190 authorizes the proceeds of the tax to fund a Tourism Promotion Board for the purpose of marketing and promoting the City as a tourist or convention center; and WHEREAS, the articles and bylaws of the Richfield Tourism Promotion Board, Inc. provide the City Council of the City of Richfield appoint five (5) directors to the Board representing the Richfield hotel-motel properties and the Richfield Chamber of Commerce; and WHEREAS, each director shall serve as a director until his or her successor has been appointed and has qualified, or until his or her earlier disqualification, death, resignation, or removal; and WHEREAS, Ron Theis, the representative from the Americlnn has resigned his position with the Americlnn, and WHEREAS, Patrick Riley has been appointed as the new General Manager of the Americlnn and seeks appointment to the RTPB. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, that the Richfield Tourism Promotion Board directors be modified as follows: Appoint Patrick Riley, Americlnn, to the Richfield Tourism Promotion Board for the remainder of a three-year term ending December 31,2009. Adopted by the City Council of the City of Richfield, Minnesota this 23th day of January 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 01/10/2007 14:41 7635469565 RILEY REAL ESTATE PAGE 02 .II H i !~!!c,~q!~VrAl!!~6~~~ 6D/d- 10300 10th Avenue North, Suite 201 Plymouth, Minnesota 55441 Pllone 763-546-9550 Fax 763-546-9565 Email rileyrealestate@msn.com January 10, 2007 Mr. Steve Devich City Manager City of Richfield 6700 Portland Ave. S. Richfield, MN 55423 Dear Steve, . As you know the General Manager (GM) of the Americlnn in Richfield left on January 3, 2007. Effective immediately I will be the new GM at the Americlnn in Richfield. I would respectfully ask to placed on the Richfield Tourism Board. I have attached my resume for your review and approval. I have 23 years of diverse hospitality experience, including; appraisal, brokerage, consulting, development, and management. I started Riley Hospitality, Inc. in July 2002 and I have overseen the management at the Americlnn Richfield since that time. If you have any questions or need any further information, please do not hesitate to call me directly at (763) 546-9550. Thank you for your time and consideration. Sincerely, RILEY HOSPITALITY, XNC. ~~ Patrick J. Y President . . AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 3E 30 ....... STAFF REpORT RICHFIELD CITY COUNCIL MEETING JANUARY 23, 2007 REpORT PREPARED By: BRAD SVEUM - FIRE SERVICES DIRECTOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: 0'. [i{ . REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution accepting a grant of $13,050 from the U.S. Department of Homeland Security Assistance to Firefighters Grant Program to the Richfield Fire Department. This qrant was awarded in 2006 and funds will be received in 2007. I. RECOMMENDED ACTION: By Motion: Approve the resolution accepting the donation of $13,050 from the U.S. Department of Homeland Security Assistance to Firefiahters Grant Program to the Richfield Fire Department. I II. BACKGROUND I The Richfield Fire Department submitted a request for funding through this program to replace outdated gas detection and monitoring equipment. Since 2002 the Richfield Fire Department has been awarded three others of this type of "competitive bid" grant. . I III. BASIS OF RECOMMENDATION I A. POLICY 0123Fire . . . . Minnesota Statute 465.03 requires every acceptance of a grant or devise of real or personal property of more two-thirds majority of the City Council. The Administrative Services Department issued a memo on November 9, 2004 requiring that all grants and restricted donations to departments be received by resolution and by more than two-thirds majority of the City Council in accordance with Minnesota Statute 465.03. . I B. CRITICAL ISSUES I . This donation aids the purchase of safety equipment that otherwise would be purchased for Fire Operations from the General Fund. I C. FINANCIAL I . The City is required as part of the grant requirements to provide matching funds in the amount of $1 ,450. The Fire Department has funds budgeted for this amount in the 2007 operating budget. I D. LEGAL I . Minnesota Statute 465.03 requires every acceptance of a grant or devise of real or personal property of more two-thirds majority of the City Council. I IV. ALTERNATIVEREcOMMENDATION(S) . Decline to accept the grant. I V. ATTACHMENTS . Council Resolution . Letter announcing award from US Department of Homeland Security I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None. 3~'1 RESOLUTION NO. . RESOLUTION AUTHORIZING ACCEPTANCE OF A US DEPARTMENT OF HOMELAND SECURITY, ASSISTANCE TO FIREFIGHTERS GRANT IN THE AMOUNT OF $13,050, RECEIVED BY THE CITY OF RICHFIELD AND TO AUTHORIZE THE CITY TO ADMINISTER THE FUNDS IN ACCORDANCE WITH GRANT AGREEMENTS AND TERMS PRESCRIBED BY THE DONORS. WHEREAS, Minnesota Statute 465.03 reads in part as follows: Any city, county school district or town may accept a grant or devise of real or personal property and maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Nothing herein shall authorize such acceptance of use for religious or sectarian purposes. Every acceptance shall be by resolution of the council adopted by two-thirds majority of its members, expressing such terms in full, and WHEREAS, the City of Richfield has been awarded the grant as described below, Assistance to Firefighters Grant from the US Department of Homeland Security for the amount of $13,050 to be used for the purchase of gas monitoring/detection equipment and training for said equipment. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. That the City Council of the City of Richfield hereby accepts the US Department of Homeland Security, Assistance to Firefighters Grant (EMW-2006-FG-16837) for the year 2006, with the proceeds to be received in the year 2007 and authorizes the City to administer the funds in accordance with the grant agreements and terms prescribed by the donors. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of January, 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk . Panel Review Page 2 of8 jG/d- Office of Grants and Training Preparedness Directorate U. S. Department of Homeland Security Washington, D.G. 20531 . Homeland Security Mr. Brad Sveum Richfield Fire Department 6700 Portland Avenue South Richfield, Minnesota 55423-2560 Re: Grant No.EMW-2006-FG-16837 Dear Mr. Sveum: On behalf of the Office of Grants and Training, I am pleased to inform you that your grant application submitted under the FY 2006 Assistance to Firefighters Grant has been approved. Along with the U.S. Rre Administration and the Federal Emergency Management Agency, we carry out the federal responsibilities of administering your grant. The approved project costs total to $14,500.00. The Federal share is 90 percent or $13,050.00 of the approved amount and your share of the costs is 10 percent or $1,450.00. As part of your award package, you will find Grant Agreement Articles. Please make sure you read and understand the Articles as they outline the terms and conditions of your Grant award. Maintain a copy of these documents for your official file. You establish acceptance of the Grant and Grant Agreement Articles when you request and receive any of the Federal Grant .s awarded to you. I The first step in requesting your grant funds is to confirm your correct Direct Deposit Information. Please go on-line to the AFG eGrants system at www.firegrantsupport.com and if you have not done so, complete and submit your SF 1199A, Direct Deposit Sign-up Form. Please forward the original, completed SF 1199A, Direct Deposit Sign-up Form, signed by your organization and the banking institution to the address below: Department of Homeland Security Emergency Preparedness and Response Directorate (FEMA) Grants Management Branch 500 C Street, SW, Room 334 Washington, DC 20472 Attn: Assistance to Firefighters Grant Program After your SF 1199A is reviewed and you receive an email indicating the form is approved, you will be able to request payments online. Remember, you should basically request funds when you have an immediate cash need (i.e. you have a bill in-hand that is due within 30 days). If you are using AFG funds to replace used or outdated equipment, you should be aware of an opportunity to dispose of your old equipment in a manner that will benefit other fire departments. The Office of Grants and Training has recently expanded its Homeland Defense Equipment Reuse Program (HDER). If you are interested in making an equipment contribution to the HDER program, contact Mr. Greg Bernard at 1-800-368-6498 for further information or visit the HDER website at www.rkb.mipt.org. You will find the HDER program link under "Additional Information," or go to the 2006 frequently asked questions (FAQs) for the AFG located at www.firegrantsupport.com. .u have any questions or concerns regarding the awards process, donations, or how to request your grant funds, please call 6-274-0960. Sincerely, https://portal.fema.gov/firegrant/jsp/fire_admin/awards/spec/view_ award j)ackage.do?agreementNo=EM... 1/4/2007 Panel Review Page 3 of8 tfJ Corey Gruber Acting Assistant Secretary Office of Grants and Training 6G-j . . https://portal.fema.gov/frregrantljsp/fire_adminlawards/spec/view_ award yackage.do?agreementNo=EM... 1/4/2007 . . . AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 3F 31 ....-. STAFF REpORT RICHFIELD CITY COUNCIL MEETING JANUARY 23, 2007 REpORT PREPARED By: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, nTLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEw: REVIEWED BY CITY MANAGER: Er li ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing acceptance of all grants and donations received by the Richfield Recreation Services Department and to authorize the city to administer the funds in accordance with orant aoreements and terms prescribed by donors. I. RECOMMENDED ACTION: By Motion: Approve the resolution authorizing acceptance of all grants and donations received by the Richfield Recreation Services Department and to authorize the city to administer the funds in accordance with arant agreements and terms prescribed by donors. I II. BACKGROUND I The Richfield Recreation Services Department received several grants and donations from various sources and to fund different projects. I III. BASIS OF RECOMMENDATION I A. POLICY 0123Recreation . . . . Minnesota Statute 465.03 requires every acceptance of a grant or devise of real or personal property of more two-thirds majority of the City Council. _ The Administrative Services Department issued a memo on November 9, 2004 requiring that all grants and restricted donations to departments be received by resolution and by more than two-thirds majority of the City Council in accordance with Minnesota Statute 465.03. . lB. CRITICAL ISSUES I . This donation aids a variety of projects and programs. Wood Lake's Gateway Gardens project, prairie restoration, new fireplace, two new benches, and Project Greenstart. At the Ice Arena, a grant was received for winning the Padgett Award. I C. FINANCIAL I . All of the donations listed were given without obligation to provide any additional matching funds. ID. LEGAL I . Minnesota Statute 465.03 requires every acceptance of a grant or devise of real or personal property of more two-thirds majority of the City Council. I IV. ALTERNATIVE RECOMMENDATION(S) . Decline to accept the grants. I V. ATTACHMENTS . Resolution I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . N/A . . . 3F-[ RESOLUTION NO. RESOLUTION AUTHORIZING ACCEPTANCE OF All GRANTS AND DONATIONS RECEIVED BY THE CITY OF RICHFIELD AND TO AUTHORIZE THE CITY TO ADMINISTER THE FUNDS IN ACCORDANCE WITH GRANT AGREEMENTS AND TERMS PRESCRIBED BY DONORS WHEREAS, Minnesota Statute 465.03 reads in part as follows: Any city, county, school district or town may accept a grant or devise of real or personal property and maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Nothing herein shall authorize such acceptance or use for religious or sectarian purposes. Every acceptance shall be by resolution of the council adopted by two-thirds majority of its members, expressing such terms in full, and WHEREAS, the City of Richfield has received grants and donations as described below: June Cornerstone Group-Wood lake August RBCU-Wood lake September MIAMA MN Ice Arena Mana er's Assn -Ice Arena September Chorzempa Fund-Wood lake October REI-Wood lake July-December Private Donors: Gatewa Gardens-Wood lake $20,000 $5,200 $400 $2,500 $3,600 $12,405 . NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: That the City Council of the City of Richfield hereby accepts all grants and donations as listed above for the year 2006 and authorizes the City to administer the funds in accordance with grant agreements and terms prescribed by donors. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of January, 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk . . . AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 3G 32 ....... STAFF REpORT RICHFIELD CITY COUNCIL MEETING JANUARY 23, 2007 REpORT PREPARED By: BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Approval of a Public Health Mutual Aid Agreement between eleven subdivisions in the State of Minnesota, includina Richfield. I. RECOMMENDED ACTION: By Motion: Approve a Public Health Mutual Aid Agreement between eleven political subdivisions in the State of Minnesota, including Richfield, for purposes of strengthening the preparedness of the public health system in Minnesota. I II. BACKGROUND I Minnesota State Statutes Section 471.59 states that political subdivisions of the State of Minnesota may jointly and cooperatively exercise powers common to each of the contracting parties. A total of eleven political subdivisions have met and believe it is important to have a Public Health Mutual Aid Agreement between them to strengthen the preparedness of the public health system in Minnesota. Emergencies may occur in the future which will require local public health entities to come to the aid and assistance of other local public health entities. Therefore, the intent of the agreement is to make personnel, equipment and other resources 0123 Public Health Mutual Aid Agreement with Political Subdivisions . avai.lfAple to other participants in the event of an emergency, training, drill or exercise. The agreement is being presented for approval to the City Council at this time. The other ten participating entities have already received approval from their County/City Boards. Those counties and cities are as follows: Anoka County, Carver County, Dakota County, Hennepin County, Ramsey County, Scott County, Washington County, City of Bloomington, City of Minneapolis and City of Edina. It should also be noted that Richfield's City Attorney has reviewed the document on several occasions, made suggestions/comments and has ultimately given staff approval of this final document. . I III. BASIS OF RECOMMENDATION I I A. POLICY I . It is recognized and acknowledged that in certain situations, including but not limited to, natural disasters, public health emergencies, technological hazards, man-made disasters, civil emergencies, community disorders, insurgency or enemy attack, or training, drills or exercises in preparation for any of these eventualities, the use of the personnel, equipment, supplies and/or services of a local public health entity to perform functions outside its jurisdictional limits is desirable and necessary to preserve and protect the health, safety and welfare of the citizens of the State of Minnesota. lB. CRITICAL ISSUES . N/A I C. FINANCIAL . N/A I D. LEGAL I . The City Attorney has reviewed this agreementand has approved of its contents. I IV. ALTERNATIVE RECOMMENDATION(S) I . The Council could decide not to approve the agreement. This would mean that Richfield could not depend on counties or cities within the seven (7) county metro area to provide public health mutual aid to Richfield. I. V. ATTACHMENTS . PU,blic Health Mutual Aid Agreement . I VI. PRINCIP At PARTIES EXPECTED AT MEETING . None . . . 3&---1 Twin Cities Public Health Departments in Minnesota PUBLIC HEALTH MUTUAL AID AGREEMENT WHEREAS, pursuant to Minnesota Statutes Section 471.59, political subdivisions of the State of Minnesota may jointly and cooperatively exercise powers common to each of the contracting parties; and WHEREAS, the purpose of this agreement is to strengthen the preparedness of the public health system in Minnesota; and WHEREAS, the parties desire to simplify the defense of claims by eliminating conflicts among defendants that are parties to this Agreement; and WHEREAS, emergencies may occur in the future which will require local public health entities to come to the aid and assistance of other local public health entities; and WHEREAS, the intent of this agreement is to make personnel, equipment, and other resources available to political subdivisions in the event of an emergency, training, drill or exercise; and WHEREAS, the parties participating in this Agreement have determined that it is in their best interests to assist one another in the event of an emergency, training, drill or exercise. NOW, THEREFORE, in consideration of the foregoing, the participating parties agree as follows: I. PURPOSE It is recognized and acknowledged that in certain situations, including but not limited to, natural disasters, public health emergencies, technological hazards, man-made disasters, civil emergencies, community disorders, insurgency or enemy attack, or training, drills or exercises in preparation for any of these eventualities, the use of the personnel, equipment, supplies and/or services of a local public health entity to perform functions outside its jurisdictional limits is desirable and necessary to preserve and protect the health, safety and welfare of the citizens of the State of Minnesota. This Agreement only addresses assistance provided by a participating party in response to a request made by a participating party and does not affect the applicability of Minn. Stat. S 12.331, Minn. Stat. S 12.33, or other pertinent laws to other activities that may be undertaken by a political subdivision. II. DEFINITIONS For the purposes of this mutual aid agreement, the following terms shall be defined as follows: . . . A. j(;'d- "Employee" means those personnel currently working for a party including elected and appointed officials, officers and volunteers who are registered with and under the direction and control of that party as required by Minn. Stat. 912.22, subd. 2a (a) (2005). B. "Participating Party" means the local public health authority of a political subdivision that is a party to this Agreement. C. "Requesting Official" means the person designated by a Participating Party who is responsible for requesting Assistance from the other Participating Parties. D. "Requesting Party" means a Participating Party that requests assistance from other Participating Parties. E. "Responding Official" means the person designated by a Participating Party who is responsible to determine whether and to what extent that Participating Party should provide assistance to a Requesting Party. F. "Responding Party" means a Participating Party that provides assistance to a Requesting Party. G. "Assistance" means Public Health personnel, equipment, supplies and/or services. III. PROVISION OF MUTUAL AID A. Request for Assistance. Whenever, in the opinion of a Requesting Official, there is a need for assistance from other parties, the Requesting Official may call upon the Responding Official of any other party to furnish assistance. The Requesting Party, within a reasonable period of time, shall provide the Responding Party/ies with a written confirmation of the need for assistance including details regarding requested resources, timelines/schedules and location(s) for assistance. B. Response to Request. Upon the request for assistance from a Requesting Party, the Responding Official may authorize and direct his/her party's personnel to provide assistance to the Requesting Party. This decision will be made after considering the needs of the Responding Party and the availability of resources. Once assistance has been authorized, the Responding Party, within a reasonable period of time, shall provide the Requesting Party with a written confirmation of assistance including details regarding the personnel and resources to be provided and when they will be available. C. Recall and Release of Assistance. The Responding Official may at any time recall such assistance when in his or her best judgment or by an order from the governing body of the Responding Party or its designee, it is considered to be in the best interest of the Responding Party to do so. The Requesting . QG-3 Party may at any time release a Responding Party or an individual from providing any further assistance. D. Command of Scene. The Requesting Party shall be in command of the mutual aid scene. The personnel and equjpment of the Responding Party shall be under the direction and control of the Requesting Party until the Responding Official withdraws assistance. E. State Declared Emergencv. If the State of Minnesota or an authorized state agency declares an emergency, the statutes and administrative rules pertaining to state declared emergencies shall prevail wh~re they conflict with the provisions of this Agre:ement. IV. LIABILITY . . A. Each Requesting Party shall defend, indemnify and hold harmless a Responding Party for claims arising within the Requesting Party's jurisdiction subject to the limits of liability under Minnesota Statutes Chapter 466 and other applicable law, rule, and regulation, including common law. The purpose of creating this duty to defend, indemnify and hold harmless, is to simplify the defense of claims by eliminating conflicts among defendants that are parties to this Agreement. B. For purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. Ch. 466), the employees and officers of the Responding Party are deemed to be employees (as defined in Minn. Stat. S 466.01, subdivision 6) of the Requesting Party, but only for purposes of addressing liability under this Agreement. The employees of the Responding Party shall not be considered employees of the Requesting Party for any other purpose. C. The Requesting Party shall defend, indemnify and hold harmless the Responding Party, its Employees, officers and elected and appointed officials against any and all claims brought or actions filed against the Responding Party, its Employees, officers and elected and appointed officials for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provision of assistance in responding to a request for assistance by the Requesting Party pursuant to this Agreement. Under no circumstances, however, shall a party be required to pay on behalf of itself and other parties, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to anyone party. The statutory limits of liability for some or all of the parties may not be added together or stacked to increase the maximum amount of liability for any party. D. Each Participating Party agrees to promptly notify the other Participating Parties if it knows or becomes aware of any facts or allegations reasonably giving rise to actual or potential liability, claims, causes of action, judgments, damages, losses, costs or expenses, including attorney's fees, involving or reasonably likely to involve the other Participating Parties, and arising out of acts or omissions related to this Agreement. . . . 3 G-..- t.f E. No party to this Agreement or any officer of any party shall be liable to any other party or to any other person for failure of any party to furnish assistance to any other party, or for recalling or releasing assistance as described in this Agreement. F. If a Participating Party utilizes contractors or agents to provide services or assistance under this Agreement, the Participating Party shall execute a contract with the contractor and agent including the following langLiage. Failure to include the following language shall constitute a material breach of this Agreement: CONTRACTOR shall defend, indemnify, and hold harmless each Participating Party in the Twin Cities Public Health Mutual Aid Agreement, its officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the CONTRACTOR, a subcontractor, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Contract, and against all loss by reason of the failure of the CONTRACTOR to perform fully, in any respect, all obligations under this contract. In order to protect the CONTRACTOR and those listed above under the indemnification provision, the CONTRACTOR agrees at all times during the term of this Contract, and beyond such term when so required, to have and keep in force the following insurance coverages, in amounts equal at least to the municipal tort liability limits of Minnesota Statutes Chapter 466 or other applicable law as currently in effect or as may be amended from time to time, unless specific dollar limits are otherwise provided herein: Limits (1) Commercial General Liability on an occurrence basis with contractual liability coverage: General Aggregate (The full limits of coverage must be dedicated to apply to this project, per ISO form CG2501, or equivalent.) Products-Completed Operations Aggregate Personal and Advertising Injury Each Occurrence-Combined Bodily Injury and Property Damage 3 G---5" . (2) Workers' Compensation and Employer's Liability: Workers' Compensation If the CONTRACTOR is based outside the State of Minnesota, coverage must apply to Minnesota law. Employer's Liability. Bodily injury by: Accident-Each Accident Disease-Policy Limit Disease-Each Employee (3) Professional Liability-Per Claim and Aggregate The professional liability insurance must be maintained continuously for a period of two years after the termination of this Agreement. An umbrella or excess policy over primary liability insurance coverages is an acceptable method to provide the required insurance limits. . The above establishes minimum insurance requirements. It is the sole responsibility of the CONTRACTOR to determine the need for and to procure additional insurance which may be needed in connection with this contract. Copies of insurance policies shall be promptly submitted to (name of jurisdiction) upon written request. The CONTRACTOR shall not commence work until it has obtained required insurance. The certificate(s) shall name (name of jurisdiction) as the certificate holder and as an additional insured for the liability coverage(s) with respect to operations covered under the Contract. The CONTRACTOR shall furnish to (name of jurisdiction) updated certificates during the term of this Contract as insurance policies expire. If the CONTRACTOR fails to furnish proof of insurance coverages, (name of jurisdiction) may withhold payments and/or pursue any other right or remedy allowed under the contract, law, equity, and/or statute. (Name of jurisdiction) does not waive any rights or assume any obligations by not strictly enforcing the requirements set forth in this section. . Duty to Notify. The CONTRACTOR shall promptly notify (name of jurisdiction) of any claim, action, cause of action or litigation brought against CONTRACTOR, its employees, officers, agents or subcontractors, which arises out of the services contained in this Contract. The CONTRACTOR shall also notify (name of jurisdiction) . . jiG; (p whenever CONTRACTOR has a reasonable basis for believing that CONTRACTOR and/or its employees, officers, agents or subcontractors, and/or (name of jurisdiction) might become the subject of a claim, action, cause of action, criminal arrest, criminal charge or litigation arising out of and/or related to the services contained in this Contract. Failure to provide the notices required by this section is a material violation of the terms and conditions of this Contract. V. WORKER'S COMPENSATION Each party shall be responsible for injuries or death of its own Employees "to the extent required by law". Each party will maintain worker's compensation insurance or self-insurance coverage, covering its own Employees while they are providing assistance pursuant to this Agreement. Each party waives the right to sue any other party for any worker's compensation benefits paid to its own Employee or their dependents, even if the injuries were caused wholly or partially be the negligence of any other party or employees. VI. DAMAGE TO EQUIPMENT Each Participating Party, to the extent a party is at fault, shall be responsible for damages to or loss of its equipment while acting within the scope of this Agreement. . VII. CHARGES TO THE REQUESTING PARTY A. No charges will be levied by a Responding Party to this Agreement for assistance rendered to a Requesting Party under the terms of this Agreement unless that assistance continues for a period of more than eight (8) hours, as measured from the time Responding Party begins to provide assistance after being specifically directed by the Requesting Party to perform a task or tasks, unless the Requesting Party is eligible to obtain reimbursement for expenses it incurred during this period from the United States, the State of Minnesota, or any other source. In that event the Requesting Party shall take all steps necessary to seek reimbursement to the Responding Party for the actual cost of any assistance provided during this initial eight (8) hour period including salaries, overtime, materials and supplies, and other necessary expenses. B. If assistance provided under this Agreement continues for more than eight (8) hours, the Responding Party may submit to the Requesting Party an itemized bill for the actual cost of any assistance provided after the initial eight (8) hour period, including salaries, overtime, materials and supplies and other necessary expenses; and the Requesting Party shall reimburse the party providing the assistance for that amount. . C. The ability to levy such charges is not contingent upon the availability of federal or state government funds to reimburse the charges. . . . 6(;-'{ VIII. DURATION This Agreement will be in force from July 1,2006 through December 31, 2011, unless terminated sooner pursuant to section XI herein. This Agreement will only apply to those parties who have lawfully executed the document and returned a copy to: Hennepin County Public Health Emerqency Preparedness Attention: Emerqency Preparedness Unit Supervisor 1011 First Street South. Suite 215 Hopkins. MN 55343 (952) 351-5220 IX. MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. X. COMMAND AND CONTROL The Requesting Party shall command the mutual aid scene and provide direction to Employees of each Responding Party. A party shall not be considered to be either a temporary or permanent employee of the other parties except as specifically described in this Agreement. XI. DEFAULT AND WITHDRAWAL A. If a party fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute a default. Unless the party's default is excused by the other parties, the non-defaulting parties may by majority, vote to remove the defaulting party by providing written notice of termination of the Agreement as to the defaulting party only. Any such removal or termination of this Agreement shall become effective upon the sending of such notice and will not cancel any obligations incurred by any party prior to such termination. B. Any party may withdraw from this Agreement with or without cause by providing thirty (30) days' prior written notice to the other parties herein. . . . 3(;,,55 C. The terms of Sections II, III, IV, V, VI, X, XII, and XIII shall survive the expiration, termination or withdrawal from this Agreement. XII. RECORDS - AVAilABILITY/ACCESS To the extent required by Minnesota Statutes Section 16C.05, Subd. 5 (as may be amended), the parties agree that the any party, the State Auditor, the Legislative Auditor or any of their duly authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the other parties and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the Agreement and for six (6) years after its termination or cancellation. XIII. DATA PRIVACY Each party, its employees, agents, owners, partners, and subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, the Health Insurance Portability and Accountability Act and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. Each Party agrees to defend, indemnify and hold harmless the other parties, their elected and appointed officials, officers, agents, empl.oyees, and volunteers from any claims resulting from a party's officers', agents', owners', partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of such protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. XIV. COMPLIANCE Participating Parties shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances in force or hereafter enacted. XV. EXECUTION Each party hereto has read, agreed to and executed this Mutual Aid Agreement on the date indicated. . . . 3 G-"q XVI. COUNTERPARTS This Mutual Aid Agreement may be executed in any number of counterparts, each counterpart for all purposes being deemed an original and all such counterparts shall together constitute one an the same agreement. XVII. CONTRACT ADMINISTRATION In order to coordinate the services so as to accomplish the purposes of this Agreement, each Participating Party's Director of Health, or equivalent counterpart, shall be the contact person for each Participating Party under this Agreement. A Participating Party may designate someone other than the Director of Health, or equivalent, as the contact person by providing written notice to all other Participating Parties. A SIGNA TURE PAGE FOR EACH PARTY SHALL BE ATTACHED PLEASE SUBMIT A SIGNA TURE PAGE FOR YOUR RESPECTIVE JURISDICTION if not already attached . j tf/ 10 The Hennepin County Board of Commissioners having duly approved this Agreement on the day of , 2006, and pursuant to such approval, the proper County officials having signed this Agreement, the parties hereto agree to be bound by the provisions herein set forth. COUNTY OF HENNEPIN By: Assistant/Deputy/County Administrator Date: By: Chair of its County Board Date: ATTEST: By: Deputy/Clerk of the County Board . Date: Reviewed by the County Attorney's Office By: Date: . . . . CITY OF MINNEAPOLIS By: Date By: Date: By: Date Mayor Department Head Commissioner of Health Finance Director APPROVED AS TO FORM By Date Assistant City Attorney j&-I/ . . . CITY OF BLOOMINGTON By: Mayor Date: By: City Manager Date: Reviewed and approved by the City Attorney. By: City Attorney j G- I d- . . . CITY OF RICHFIELD By: Debbie Goettel, Mayor Date: By: Steven L. Devich, City Manager Date: Reviewed and approved by the City or County Attorney. By: Title Date: 3 &-13 . . . AGENDA SECTION: AGENDA ITEM # REpORT # r.ON~F.NT 3H '1'1 ........ STAFF REpORT RICHFIELD CITY COUNCIL MEETING JANUARY 23, 2007 REpORT PREPARED By: BETSY CHRISTENSEN, SUPPORT SERVICES DIVISION MANAGER NAME, TITLE REpORT PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the request by Edina Morningside Rotary for itinerant place of amusement, itinerant food, and temporary 3.2 percent malt liquor licenses for their snowbowl event to be held Saturday, January 27,2007 at Lariat Lanes, 6320 Penn Avenue South. 1. RECOMMENDED ACTION: By Motion: Approve the request by Edina Morningside Rotary for itinerant place of amusement, itinerant food, and temporary 3.2 percent malt liquor licenses for their Snowbowl event to be held on Saturday, January 27,2007 at Lariat Lanes, 6320 Penn Avenue South. I II. BACKGROUND I On January 11,2007, Edina Morningside Rotary submitted a request for a temporary license to serve 3.2 percent malt liquor. They also submitted a request for itinerant place of amusement and itinerant food licenses for January 27, 2007. They will be serving such food items as cheese, crackers, meatballs/wings, assorted sandwiches, and soda. Edina Morningside Rotary has contacted food sanitarians from the City of Bloomington to ensure that proper food handling practices are followed. They will work with Bloomington sanitarians and follow their recommendations for safe and wholesome food handling. 0123 Edina Morningside Rotary Snowbowl Licenses . . . This event will take place from 7 p.m. - 11 p.m. and will not be open to the general public. In addition, lariat lanes will not be open for bowling to the general public during this event. The applicant has supplied proof of liquor liability insurance showing PPH National Insurance Company affording the coverage. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The applicant has complied with the City codes pertaining to these licenses. I B. CRITICAL ISSUES . N/A I C.' FINANCIAL . N/A I D. LEGAL . N/A I IV. ALTERNATNE RECOMMENDATION(S) I · Deny the request. However, the Public Safety Department has not found any basis for a denial. I V. ATTACHMENTS . None I VI. PRINCIPAL PARTIES EXPECTED AT MEETING · Edina Morningside Rotary staff . . . AGENDA SECTION: AGENDA ITEM # REpORT # PROP~~";ORDlNANCES 5 34 ...... STAFF REpORT RICHFIELD CITY COUNCIL MEETING JANUARY 23, 2007 REpORT PREPARED By: CHRIS REGIS, FINANCE MANAGER NAME. TInE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of first reading of proposed Franchise Ordinance and Agreement with Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, allowing and setting terms for Xcel Energy's use of the City Right-of-Way and setting the public hearing and second readinQ for February 27,2007. I. RECOMMENDED ACTION: By Motion: Approve first reading of the attached Franchise Ordinance and Agreement between the City of Richfield and Xcel Energy and schedule a public hearing and second reading for February 27, 2007. I II. BACKGROUND I The current Franchise Agreement with Xcel Energy will expire on March 31, 2007. Attached is an updated ordinance meant to replace the current ordinance, which will soon expire. In addition to granting Xcel Energy the right to use City controlled Right-of-Way (ROW) for the installation, maintenance and repair of electric distribution facilities, the agreement spells out the rights and responsibilities of each of the parties to the agreement. As with the previous agreement, the new agreement allows the City to impose franchise fees. 0123Electric Franchise Ordinance 1 . I III. BASIS OF RECOMMENDATION I I A. POLICY I . It is necessary that the City work with the privately owned utility companies like Xcel Energy to provide necessary services to Richfield residents. Federal and State law also obligates the City to allow private utility infrastructure to be placed, operated and maintained in City ROW. . Xcel Energy has had the opportunity to review and comment on this agreement. Xcel Energy's staff has indicated that the company will accept the current language and will execute the agreement as is. I B. CRITICAL ISSUES I . The current Franchise Ordinance expires March 31,2007. I C. FINANCIAL I . As proposed, this ordinance does not increase current franchise fees and will not increase the cost of electric service to Richfield residents. . ID. LEGAL I . Attorney James Strommen of Kennedy and Graven has been a part of the staff team that drafted this agreement and held meetings with City staff and representatives of Xcel Energy. . There are no legal issues known at this time that would affect passage and implementation of this ordinance and agreement. I IV. -ALTERNATIVE RECOMMENDATION(S) I . Council could decline to approve this ordinance and agreement, but it is advisable to have such an agreement in place as it provides the basis for the ongoing relationship between Xcel Energy and Richfield. ATTACHMENTS I . A copy of the proposed Franchise Agreement will be distributed at the City Council meeting. IV. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . A representative of Xcel Energy. . 0123Electric Franchise Ordinance 2 . . . AGENDA SECTION: AGENDA ITEM # REpORT # PROP. ORDINANCES 6 35 ..... STAFF REpORT RICHFIELD CITY COUNCIL MEETING JANUARY 23, 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 proposed resolution and first reading of an ordinance calling for the establishment of a one year moratorium on the installation, erection, construction, replacement, modification, or improvement of static or changing electronic, digital, video display signs or billboards and flashing, motion, animated, and changeable copy signs in all zoninQ districts. I. RECOMMENDED ACTION: By Motion: Adopt the attached proposed Resolution, conduct a first reading of an ordinance and schedule a second reading of an Ordinance for February 27, 2007 establishing a one year moratorium on the installation, erection, construction, replacement, modification, or improvement of static or changing electronic, digital, video display signs or billboards and flashing, motion, animated, and changeable copy signs in all zonina districts. I II. BACKGROUND I . The City of Richfield regulates signs and displays on signs in order to reduce potential traffic hazards and visual blight. 012307 - 1st reading Electronic Signs Moratorium . . Electronic billboards and signs are becoming more prevalent throughout the metropolitan area, especially along highways. Electronic billboards and. video signs utilize light emitting diode (LED) technology that has the ability to display both text and pictorial images in brilliant colors and to change the displayed sign image at speeds that simulate television viewing. The signs that have been installed to date reportedly change at a rate of once every eight seconds, but the technology is capable of more frequent changes. . A major study on electronic signs prepared by the Federal Highway Administration (FHA) found that "motion or the illusion of motion of lights or other display features, including animation, has "the greatest potential for motorist distraction as well as a dominant visual impact on the aesthetic environment." (FHA Report, Part VI, Section L.) The FHA study also found that control of the message interval and message cycle as well as appearance offlashing must be regulated to prevent contributing to traffic hazards. (FHA Report, Part VI, Sections G-J.) . . The City's Sign Ordinance prohibits "flashing and motion" signs, but it is reported that some sign companies have contested whether electronicbillboards and video signs constitute flashing and motion signs. . The City Attorney and staff propose that the City undertake a study to determine the appropriate regulations for electronic billboard and video signs and that the City enact a moratorium pending the completion of that study. . The proposed moratorium would prohibit the installation, erection, construction, replacement, modification, or improvement of static or changing electronic, digital, video display signs or billboards and flashing, motion, animated, and changeable copy signs in all ioning districts. The moratorium is intended to apply to installation of new signs and to the conversion of existing signs. . The proposed moratorium will not prevent owners of current flashing, traveling or changing message signs from performing routine maintenance on their signs. . I III. BASIS OF RECOMMENDATION I I A. POLICY I . The City Attorney has recommended that the Council adopt a moratorium on electronic signs pending the completion of a study regarding such signs. I B. CRITICAL ISSUES I . Studies indicate that signs that display graphics that are animated, or portray motion, or display rapidly moving messages may contribute to traffic safety hazards and/or have adverse aesthetic impacts on the visual environment. . A study is needed to examine the impacts of electronic billboard and video display signs on traffic safety and to determine the appropriate manner of regulating such signs. . A moratorium will not prevent sign owners from conducting routine . maintenance of existing signs. I C. FINANCIAL . N/A . ID. LEGAL I . The attached Resolution and Ordinance were prepared by legal counsel. I IV. ALTERNATIVE RECOMMENDATION(S) I . Do not approve the proposed resolution and ordinance of first reading. . . . . Approve the proposed resolution, but modify the ordinance of first reading to change the date of the second reading and public hearing on this issue. Approve the proposed resolution and ordinance with modifications. . I V. . ATTACHMENTS I . A proposed resolution establishing a one year moratorium on certain signs. . A proposed ordinance establishing a one year moratorium on certain signs. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . Legal counsel . . . ~-I RESOLUTION NO. A RESOLUTION ESTABLISIDNG A ONE YEAR MORATORIUM ON THE INSTALLATION, ERECTION, CONSTRUCTION, REPLACEMENT, MODIFICATION OR IMPROVEMENT OF STATIC OR CHANGING ELECTRONIC, DIGITAL, VIDEO, DISPLAY SIGNS OR BILLBOARDS, AND FLASmNG, MOTION, ANIMATED, CHANGEABLE COPY AND ILLUMINATED SIGNS IN ALL ZONING DISTRICTS WHEREAS, the City of Richfield regulates signs in all zoning districts; WHEREAS, Section 416.01, subdivision 13, of the Richfield City Code defines FLASHING, TRAVELING OR CHANGING MESSAGE SIGN as any sign with an intermittent or flashing light source; WHEREAS, Section 416.07, subdivision 1, prohibits signs in all zoning districts of the City that are located, designed or maintained in a manner which are likely to cause " confusion or interfere with the visibility of traffic signs, traffic control devices, crossroads, driveways or crosswalks; WHEREAS, Section 416.01, subdivision 13, of the Richfield City Code prohibits flashing, traveling or changing message signs, except those that provide public service information including time, date, temperature, weather and public events; WHEREAS, representatives of the sign industry have issued press releases indicating the intention to deploy digital billboard networks in the Twin Cities of Minneapolis and St. Paul and their surrounding ring suburbs; WHEREAS, these digital billboards have been observed by the Richfield Zoning Administrator, and the electronic, digital, video, display signs, billboards and billboard networks were determined to fall within the City ordinance definitions for flashing, traveling or changing message signs; WHEREAS, the City of Richfield has several existing billboards and pylon signs along major public roadways within its corporate boundaries that currently do not have electronic, digital, video, display signs, billboards and billboard network displays; WHEREAS, the City of Richfield regulates signs and displays on signs in order to reduce potential traffic safety hazards and visual blight. A major study on electronic signs prepared by the Federal Highway Administration (FHA) found that "motion or the illusion of motion of lights or other display features, including animation, -has "the greatest potential for motorist distraction as well as a dominant visual impact on the aesthetic environment". (FHA Report, Part VI, Section L.) The FHA study also found that control of the message interval and message cycle as well as appearance of flashing must be regulated to prevent contributing to traffic hazards. (FHA Report, Part VI, Sections G-J.) Signs, including changing image signs, that display graphics that are animated, or portray motion, or display 1 to'). . rapidly moving messages may contribute to traffic safety hazards and lor have adverse aesthetic impacts on the visual environment; WHEREAS, there is a need to conduct a study so that the City of Richfield can consider possible amendments to its sign ordinance and zoning regulations pertaining to electronic, digital, video display signs, billboards, billboard networks, flashing, motion, animated, changeable copy and illuminated signs; WHEREAS, there is a need for an interim ordinance to be adopted for the purpose of protecting the planning process and the welfare of the citizens of the City until such a study has been completed. There isa need to restrict certain signage until the study has been completed and any modifications to the City's sign ordinances and zoning regulations are accomplished; and WHEREAS, Minnesota Statutes, section 462.355, subdivision 4, permits the adoption of interim zoning ordinances during the planning process. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF RICHFIELD, MINNESTOA as follows: 1. The City of Richfield Staff are directed to undertake a study regarding electronic, digital, and video display signs, billboards, billboard networks, flashing, motion, animated, changeable copy and illuminated signs. The scope of the study should include review of regional and national studies, loc~l research, ordinances in other jurisdictions, review of relevant studies and a legal analysis of applicable case law, sign display operational literature, existing electronic signs and other factual and quantifiable information. . . 2. Upon completion of the study, the matter is to be considered by the Planning Commission for its review and recommendation to the City Council. 3. A moratorium is hereby adopted on the installation, erection, or construction of any new sign or the alteration, modification or replacement of any existing sign, so that the new or existing sign (as altered or modified) uses static or. changing electronic, digital, or video display or flashing, motion, animated, or changeable copy. The moratorium applies in all Zoning Districts. The moratorium does not apply to repair or replacement of either an existing legal sign or an existing legal nonconforming sign that has been damaged by less than 50 percent of its market value (using the replacement cost approach to value), as determined by the building official, provided that the repair or replacement only restores the damaged sign to the same condition and method of construction and operation that existed prior to the damage. 4. The moratorium is adopted pending completion of the study authorized by this resolution and the adoption of any amendments to the City's sign ordinance or . 2 ~ r?J . Zoning Ordinance. No sign alteration shall be completed without a permit, and no sign permit may be issued for any sign within the scope of this moratorium. 5. Unless earlier repealed by the City Council, the moratorium established under this resolution shall remain in effect for a period of one year after its effective date. The moratorium period may be extended for a reasonable time by ordinance, as permitted by law, as may be necessary to complete the study and adopt any necessary amendments to the City's sign or zoning ordinances. 6. This resolution is effective upon adoption. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk . . 3 .~ ,- 0' . ORDINANCE NO. AN ORDINANCE ESTABLISIDNG A ONE YEAR MORATORIUM ON THE INSTALLATION, ERECTION, CONSTRUCTION, REPLACEMENT, MODIFICATION OR IMPROVEMENT OF STATIC OR CHANGING ELECTRONIC, DIGITAL, VIDEO, DISPLAY SIGNS OR BILLBOARDS AND FLASIDNG, MOTION, ANIMATED, CHANGEABLE COPY AND ILLUMINATED SIGNS IN ALL ZONING DISTRICTS THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Back~ound. 1.01. The City of Richfield regulates signs in all zoning districts; 1.02. Section 416.01, subdivision 13, of the Richfield City Code defines FLASHING, TRAVELING OR CHANGING MESSAGE SIGN as any sign with an intermittent or flashing light source; . 1.03. Section 416.07, subdivision 1 prohibits signs in all zoning districts of the City that are located, designed or maintained in a manner which are likely to cause confusion or interfere with the visibility of traffic signs, traffic control devices, crossroads, driveways or crosswalks; 1.04. Section 416.01, subdivision 13, of the Richfield City Code prohibits flashing, traveling or changing message signs, except those that provide public service information including time, date, temperature, weather and public events; 1.05. Representatives of the sign industry have issued press releases indicating the intention to deploy digital billboard networks in the Twin Cities of Minneapolis and St. Paul and their surrounding ring suburbs; 1.06. These digital billboards have been observed by the Richfield Zoning Administrator, and the electronic, digital, video, display signs, billboards and billboard networks were determined to fall within the City ordinance definitions for flashing, traveling or changing message signs; . 1.07. The City of Richfield has several existing billboards and pylon signs along major public roadways within its corporate boundaries that currently do not have electronic, digital, video, display signs, billboards and billboard network displays; . 1.08. The City of Richfield regulates signs and displays on signs in order to reduce potential traffic safety hazards and visual blight. A major study on electronic signs prepared by the Federal Highway Administration (FHA) found that "motion or the illusion of motion of lights or other display features, including animation, has "the greatest potential for motorist distraction as well as a dominant visual impact on the aesthetic environment". 1 ./ lo--~ . (FHA Report, Part VI, Section L.) The FHA study also found that control of the message interval and message cycle as well as appearance of flashing must be regulated to prevent contributing to traffic hazards. (FHA Report, Part VI, Sections G-J.) Signs,. including changing image signs, that display graphics that are animated, or portray motion, or display rapidly moving messages may contribute to traffic safety hazards and lor have adverse aesthetic impacts on the visual environment; 1.09. There is a need to conduct a study so that the City of Richfield can consider possible amendments to its sign ordinance and zoning regulations pertaining to electronic, digital, video display signs, billboards, billboard networks, flashing, motion, animated, changeable copy and illuminated signs; 1.10. There is a need for an interim ordinance to be adopted for the purpose of protecting the planning process and the welfare of the citizens of the City until such a study has been completed. There is a need to restrict certain signage until the study has been completed and any modifications to the City's sign ordinance and zoning regulations are accomplished; and 1.11. Minnesota Statutes, section 462.355, subdivision 4, permits the adoption of interim zoning ordinances during the planning process. Sec. 2. Findings. . 2.01. The City Council finds there is a need to conduct a study so that the City of Richfield can consider possible amendments to its sign ordinance and zoning regulations pertaining to electronic, digital, video display signs, billboards, billboard networks, flashing, motion, animated, changeable copy and illuminated signs. 2.02. The City Council finds that there is a need to adopt a moratorium ordinance for all Zoning Districts within the City while the studies referenced in section 2.01 of this ordinance are being conducted. Sec. 3. Planning Study~ Moratorium. 3.01. The City of Richfield Staff are directed to undertake a study regarding electronic, digital, and video display signs, billboards, billboard networks, flashing, motion, animated, changeable copy and illuminated signs. The scope of the study should include review of regional and national studies, local research, ordinances in other jurisdictions, review of relevant studies and a legal analysis of applicable case law, sign display operational literature, existing electronic signs and other factual and quantifiable information. 3.02. Upon completion of the study, the matter is to be considered by the Planning Commission for its review and recommendation to the City Council. . 2 . . . lo~{P 3.03. A moratorium is hereby adopted on the installation, erection, or construction of any new sign or the alteration, modification or replacement of any existing sign, so that the new or existing sign (as altered or modified) uses static or changing electronic, digital, or video display or flashing, motion, animated, or changeable copy. The moratorium applies in all Zoning Districts. The moratorium does not apply to repair or replacement of either an existing legal sign or an existing legal nonconforming sign that has been damaged by less than 50 percent of its market value (using the replacement cost approach to value), as determined by the. building official, provided that the repair or replacement only restores the damaged sign to the same condition and method of construction and operation that existed prior to the damage. 3.04. The moratorium is adopted pending completion of the study authorized by this ordinance and the adoption of any amendments to the City's sign ordinance or Zoning Ordinance. No sign alteration shall be completed without a permit, and rio sign permit may be issued for any sign within the scope of this moratorium. Sec. 4. Enforcement. The City may enforce this ordinance by mandamus, injunction or other appropriate civil remedy in any court of competent jurisdiction. Sec. 5. Term. Unless earlier repealed by the City Council, the moratorium established under this resolution shall remain in effect until January 23, 2008. The moratorium period may be extended for a reasonable time, in accordance with Minnesota Statutes Section 462.355. Sec. 6. Effective Date. This resolution is effective as provided by section 3.09 of the Richfield City Charter. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 3 . . . . '" AGENDA SECTION: AGENDA ITEM # REpORT # OTHER BUSINESS 7 36 ........ STAFF REpORT RICHFIELD CITY COUNCIL MEETING JANUARY 23, .2007 RANDy HUGHES, OPERATIONS COORDINATOR REpORT PREPARED By: NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: [f. REVIEWED BY CITY MANAGER: Iif ITEMS FOR COUNCIL CONSIDERATION: Consideration ofthe use of the. Combined Architect/"At Risk" Construction Manager- construction delivery method and selection of a surface treatment for the maintenance facility exterior. 1. RECOMMENDED ACTIONS: By Motion: . Directthe staff to prepare contract documents fora Combined . Architectl" At Risk" Construction Manager for consideration at the February 13, 2007 City Council Meeting . Select either the metal. trim option or the colored and textured concrete 0 tion for exterior walls. I II. BACKGROUND Construction. Delivery Method As the design process for the new Maintenance-Facility has progressed staff has had numerous discussion with SEH on what would be the best design, construction delivery method to constructthe building. The attached outline reviews the major design options that were considered in October and the comparison of the two design options being carried through the bid process. 012307GarageCM . .The outline will also be used in discussing the four construction delivery methods at the January 23 City Council Meeting. The firsttwo methods use a General Contractor and the last two use a Construction Manager. The General Contractor is the low bidder in a public bidding process. The Construction Manager is selected in a Qualification Based Selection process similarto the process used to select Architects and Engineers. The relationship with a General Contractor is an arms length business relationship. The relationship with a Construction Manager is a professional relationship built on trust. . Based on staff's experience with General Contractors and SEH's experience with Construction Managers, the staffis recommending Method 4 - Combined Architect/"At Risk" Construction Manager. This methodis designed to unify the Owner, Architect, and Construction Manager on the same team. This method would give the City the best chance of building a quality building. at the best price with the least amount of change orders and risk of litigation. The Architect/Construction Manager guarantees the prices that are received via the public bidding process used in selecting all the subcontracts needed to construct the building; so, the Construction Manager is "at risk". The second best option would be Method 2 - Architect, General Contractor, and Owner's Representative scenario with prequalifying conditions for the general contractors. The staff is recommending against the Method 1 General Contractor because more oversight of the General Contractor is needed for a project as complicated as this project is. City Staff and Nancy Schultz from SEH will be available at the meeting to discuss the four methods. The estimated budget for our project includes funds for construction delivery by either Method 20r 4. Exterior options The attached colored renderings depict two optionsfor the exterior of the building. Option 1 shows metal trim thatshowsup as horizontal lines on a bluish background. Option 2 shows colored concrete and exposed aggregate surface treatments. Nancy Schultz from SEH will be available atthe meeting to better explain the differences betweenthe surface treatments. Community Development staff expressed a preference for the metal trim as it provides better contrast and visual interest. Metal trim is also used in the Cedar Point development. Metal trim adds $100,000 to $150,000 to the project cost. I III. BASIS OF RECOMMENDATION I I A. POLICY I . Professional Services such as Architectural and Construction Management services and fees can be negotiated instead of formally bid. . lB. CRITICAL ISSUES I . Staff is seeking direction at the January 23 meeting so that the plans and specifications for the building can be completed in time for the . . . March bid opening and the construction delivery method can be in place ina timely manner. Ie. FINANCIAL I . The proposed budget for the facility includes funding for a CM or owners representative. . The metal trim optioncosts$100,000 to $150,000 more than the concrete only option. I D. LEGAL I '. The City Attorney is reviewing the proposed contract language. I IV. ALTERNATIVE RECOMMENDATION(S) I . The Council may choose to direct staff to use the General Contractor, Owner's Representative construction delivery method. This method is the second choice of staff. . The Council may direct staff to use one of the other methods of design, construction delivery methods. Iv. ATTACHMENTS I . PowerPoint presentation on design options'and Architectural/Construction Delivery methods. , . Preliminary plans for the Maintenance Facility including colored renderings of the exterior I VI. PRINCIP ALPARTIES EXPECTED AT MEETING I . Nancy Schultz, Project Architectfor SHE. "}..,,..\ . Mia inten ance Facllity Deslgnoptions · Option 1 - Original design, office. in the box - updated space needs · Option2-0ption1 plus - added basement storage . - room for bins on site · Option >3- Option 2 plus . - add material storage in basement -VacateTaft Park storage · Option 4- Option 3 plus - Fu.ll basement Options 1 and 4 eliminated 10/24 . . t J 1-:1- . Design Option Comparison . · Options 2 and 3 refined - Site and Geothermal costs high · Original building-82,760 sf · Option 2< - 86,305 sf - Old cost estimate $11,350,000 -New cost estimate $11,850,000to . $12,250,00 - Accepts Taft Park bins · Option, 3 - 95,365 sf - Old cost estimate $12,260,000 - New cost estimate $12,540,000 to $12,940,000 - .AcceptsaJI of Taft Park storage. . " 1~3 -.>10,;' · Design/Construction Delivery Methods 1. Traditional- Architect, General Contractor < 1 0/0 fee for Construction Observation 2. Architect, General Contractor, Owners Representative . Independent Owners Rep -1-2% fee Architect Owners Rep - 1 % fee 3. Architect, C,onstruction Manager, . Subcontractor Traditional CM - 2-3% fee . At Risk CM- 3-4% fee 4. Combined Architect/At Risk CM, . Subcontractors - 3-4% fee . . . ..-..... > ---. ., CEDAR AVE. H. 77 N.B. OFF RAMP OJ/ --,/ ~<:::~:.~ Z o c Ul "1J-~,___ l> <--_..- fTI S;:"'--' ~- ..""en -00 l>< ",fTI ",,,, -" Zr 00 :;; ., :: :: ~ ~ <;; <;; :: -- -- --@ :: -- -- --@ -- -- -@ - N ;:; ;:; '" '" 0>. 0>. , , <:: <:: -- -- --@ -- -- --0 :;: :;: ~ I ~ ~ \ -- -- (Jl -0\ U; I I ~=r I I '" ~ or ;;; ;;; . . - J> - J: .g r- TO a::E I rrl ~::u ~5 a::E I rrl !f::o o 5 r- -rrl < rrl r- I I -~-- II 33'-6" t +to ~ 25'-0" 16'-8" 5'-0. I I I I I ~II I I I r I I I -~-- 33'-6" r- rrl < rrl r- o~ o ",0 ::0 m "'0 ~ Z o~ o ",0 :;0 -0 m "'0 ~ Z '" o " q i; I )> r- -I rrl :;0 Z )> -I rrl 92 o OJ )> (I) rrl OJ o '" '" " q '" ~5 :: ~ Ul '" o " q !:;1 ~i5 o Ul CO ~ o ;0 '" o " q !:;1 &Ji5 o Ul o ~ o ;0 A W " ~ 19'-4" 19'-4" ~~ 0" "' " o z '" o " q '" fQl~ @Jg z <> ..... ~~ ..... ~ 00 2007 PUBLIC WORKS CI TY OF RICHFIELD SEH FILE NO. ARICHF0701.00 ISSUE DATE 03.01.07 DESIGNED BY CPK DRAWN BY RBM PROJECT MGR DRD SHEET CONTENTS LOWER LEVEL FLOOR PLAN - BASE BID LOWER LEVEL FLOOR PLAN - ALTERNATE BID . " ~ PRELIMINARY Short Elliott Hendrickson Inc. 1200 25th Avenue South P.O. Box 1717 St. Cloud, MN 56302a1717 320,229.4300 main 1320.229.4301 fax 800.572.0617 toll free I www.sehlnc.com o ~ NOT FOR CONSTRUCTION RICHFIELD, MN 55423-2706 MARK DATE DESCRIPTION @2006 Short Elliott Hendricl<son. lnc ,. ~ . .. SHEET CON1(N'fS MONUMENT SIGN . o '" .. :l:: " " " . z ." ~ ;c - - II -- (") ~ ::T I q -., -- CD - c. -0 c: CT - -- (") ~ 0 ..., ^ en m ::J .-+ ~ en -- co ::J (') 0 ::J (") CD ue -c .-+ ~ '" ., 8' .. 0" o ." " :l:: " " z 2007 MAINTENANCE fACILITY --_.~---~-- CITY OF PRELIMINARY Short Elliott Hendrickson Inc. 1200 25th A",,1lIlO SouIh P,O._1717 RICHFIELD St, CIoIld, MN 56302-1717 .-- NOT FOR CONSTRUCTION 320.229,4300 main 1320.229,4301"" RICHFIELD. MN 800.$72.0811 toll free I www...hlnc.com MARK DATE OESCR1Pl1~ " SEH FILE NO. RICHF0701.00 ISSUE DATE DESIGNED BY DRAI'oW BY .. PROJECT MOO xx <<>'100& S!1/J/"t Elliott !ienddck:'lQ(l, Ille ::: ~ <:: :;: -1 \ ,,~ 0; " ." w ~ s: CD ,..-+ Q) "1J ..., CD () Q) (J) ,..-+ :::0 CD < CD Q) - (J) e m - " , ' (r'\ CD '--,/ -. ./ '- ) \ ) 15; Ig r~ < 1'-" i., 1T ,~ Q) J"- I':C Ie 1''- i:~ I' I, I~ !~~ Ii; ~' ,..-+ r II' -. :2: ;:0: 0 i " I i :::J en e e. s: Q) ,..-+ CD ..., -. Q) - (J) ~ \ ~ Richfield Public Works Option 1 Jt. I RIchfield, MN I I 612.758.6700 main I 612.758.6701 fax I Buller Square Building Sulle 710C I 100 North 6th Street I Minneapolis. MN 55403 I www.8ehlnc.com I @2004 I 5 EH -0 """' CD ('") Q) (J) r-+ ;0 CD < CD Q) - (J) m x -0 o (J) CD C. )> CO CO """' CD CO Q) r-+ CD . ;;; ll.i tl.~ [It; so !~ !~ ~g !!1 [i . . ~, 4 m - CD < Q) r+ -. o :J (J) ~ \ C:o s:: Q) r+ CD """' -. Q) - (J) Richfield Public Works Option 2 Jt.. I Richfield, MN I I 612.758.6700 main I 612.758.6701 fax I Buller Square Bulld1ng SuRe 710C I 100 North 6th Street I Minneapolis, MN 55403 I www.sehlnc.com I @2004 I 5 EH . . . AGENDA SECTION: AGENDA ITEM # REpORT # OTHER BUSINESS 8 37 ........ STAFF REpORT RICHFIELD CITY COUNCIL MEETING JANUARY 23, 2007 REpORT PREPARED By: CHERYL KRUMHOLZ, EXEC. COORDINATOR. NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of appointments to City advisory commissions. I. RECOMMENDED ACTION: By motion: Appoint persons to fill the expiring or vacant terms on the City advisory commissions I II. BACKGROUND I Several terms of City commission members expire on January 31,2007. In addition, there are mid-term vacancies due to resignations that need to be filled. Vacancies were advertised in the Richfield Sun-Current, on cable television channel 16, the outside message board at City Hall and Water Plant, Your City Enews, and the City's Website. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The City advisory commissions were established by City ordinance or resolution. Terms are for three-years and are staggered. Several terms expire on January 31 annually. The Council directs the City Manager's office to conduct a recruitment seeking applicants to fill the vacancies. Interviews of the applicants are conducted at Special City Council meetings. These Council meetings were posted in accordance with the open meeting law requirements. 0123commissions . . . lB. CRITICAL ISSUES I . Applicants were interviewed at Special City Council meetings on January 8, and 17,2007. . Terms of several commission members expire on January 31,2007. . There are mid-term vacancies, which need to be filled. . In order to ensure quorums for future meetings, appointments should be made on January 23, 2007. I IV. ALTERNATIVE RECOMMENDATION(S) I . Defer appointments to a later Council meeting. . If appointments are not made at the January 23 meeting, quorums may not be present at future meetings. I V. ATTACHMENTS . Commission vacancy list I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None. <8-1 .~ - o en ~ 0>0>000 oo~~~ 00000 C\IC\1C\1C\1C\1 000>0>0>000000 oooo~~~~~~ 0000000000 C\INC\IC\IC\IC\IC\IC\IC\IC\I o ~ o C\I. 000>0>000 OOO~.~~ 000000 C\IC\1C\1C\1C\1C\1 >< w E ..... Q) I- T""" T""" T""" T""" T""" ~~~~~ ~~~~~ ctlctlctlctlctl ::J::J::J::J::J C:C:C:C:C: ctlctlctlctlctl ..., ..., ..., ..., ..., T"""T"""T"""T"""T"""T"""T"""T"""T"""T""" ~~~~~~~~~~ ~~~~~~~~~~ ctlctlctlctlctlctlctlctlctlctl ::J::J::J::J::J::J::J::J::J::J C:C:C:C:C:C:C:C:C:C: ctlctlctlctlctlctlctlctlctlctl ...,...,...,...,...,...,...,...,...,..., - ~ ~ ~ ctl ::J c: ctl ..., T""" T""" T""" T""" T""" T""" ~~~~~~ ~~~~~~ ctlctlctlctlctlctl ::J::J::J::J::J::J C:C:C:C:C:C: ctlctlctlctlctlctl ..., ..., ..., ..., ..., ..., en Q) C/) "u c: W ctl - (J en u Z Q) ~ c( "u E (J c: ctl ..... ~ u Q) . ctl -- I > :2 Z E E Q Q) en ~ C/) -- Q) ~ I "u en "'0 "E c: Q) :2 ctl "u :2 u c: C\I ctl 0 > ctl en u (J Q) E ctl "u ..... > Q) ~ c: -- ctl I I u :2 ~ E Z ~ "'=t Q I en C/) ::t: Q) ~ I- "u Z :2 ..J c: Q :2 ctl c( U C/) >- 0 W ctl ~ U (J ::t: > c: u.__ (0...-......-.......-........-... :2 ctl C/)___ I EEEE :2 u wEEE OEE s.... s.... L.. L... ctl (J............... ..... ..... ZQ)Q)Q)Q) 0 > -Q)Q)Q) CQ)Q) Q+-'+-'.......+"'" (J ~ >------ 0::---- I I I I 0:: I I I I I -"'0"'0"'0"'0 I "'0 "'0 "'0 c(:2:2 C/) .- .- .- "- C/) W"-.-.- OEE ~SSSS Z W C/)SSS m-- :2 0 (J ~ ~ :2 i= ~ 0 ~ Z 0 (J W :J m C/) 0 . C/) C/) W ..J :2 - :> :2 en I- ...J :> :.:i C 0:: W 0 (,) (3 ro c( c( (J (J > ~,~ t- .~ - o 0>0>000 oo~","""'"" 00000 C'\IC'\IC'\IC'\IC'\I 00000000 00"'"""'"""'"""'"" 000000 C'\IC'\IC'\IC'\IC'\IC'\I 0000000 oo"'"""'""~ 00000 C'\IC'\IC'\IC'\IC'\I 000>000 oo"'"""'""~ 00000 C'\IC'\IC'\IC'\IC'\I ~~~"'"""'"" ('1')('1')('1')('1')('1') ~~~~~ co co coco co :J:J:J:J:J ccccc co co coco co ....,....,....,...., ...., ~~~~;~~ ('1')('1')('1')('1')('1')('1') ~~~~~~ co co co co co co :J:J:J:J:J:J cccccc co co co co coco ....,....,....,....,...., ...., ~~~~~ ('1')('1')('1')('1')('1') ~~~~~ coco co co co :J:J:J:J:J ccccc coco co co co ....,....,....,...., ...., ~~~~~ ('1')('1')('1')('1')('1') ~~~~~ co co co co co :J:J:J:J:J ccccc co co co co co ....,....,....,...., ...., en en ID ID "(3 "(3 en c c ID co co 0(3 (.') (.') c co . co co en > > (.') ID E E co 0(3 .... .... > c ID ID E co - I - (.') :2 I .... :2 ID co E - > E I :2 E C'\I C'\I E .... ID en en C'\I - ID I ID :2 0(3 0(3 en ID E c c co co "(3 C'\I (.') (.') c co co co en > > (.') ID ('I') ('I') co "(3 > I ...q c Z co Z (.') Q 0 z co > 00 00 Q ('I') !!l !!l 00 :2 :2 !!l z :2- :2__ :2-- 0-- 0-- OEE :2EE -EE OEE 00........ 0........ OIDID OOIDID ZIDID ~IDID 0...... --- -- -- :2 I I o I I I I "C "C "C "C _:2:2 "C "C 00"-0- :2"_0- I-EE o"E"E I-EE OSS :::J:-- <C-- c..-- 0 I- :::J: C) C) 0:: 00 0:: Z 0 C Z - c.. z 00 t) . z <C z z - w :E 11l <C ~ ::i 0:: ::) ...I u ro La. :::J: c.. I- >