02-27-07 Regular
CITY OF RICHFIELD, MINNESOTA
TUESDAY, FEBRUARY 27, 2007
****************************************************************************~*****************************
SPECIAL CITY COUNCIL WORKSESSION
RICHFIELD CITY HALL
COUNCIL CHAMBERS
6700 PORTLAND AVENUE
5:30 P.M.
Call to order
Roll call
5:30 - 6:05 p.m.
1. Discussion regarding Richfield Public Safety Department participation in Joint Community
Police Partnership program funded by Hennepin County
6:05 - 6:20 p.m.
2. Discussion regarding proposed City of Richfield Latino Community Advisory Council
(Council Memo No. 34)
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 Worksession of February 13, 2007; (2)
Regular City Council Meeting of February 13, 2007; and (3) Special City Council Meeting of
February 15, 2007
PRESENTATIONS
1. Presentation of proclamation designating February 28, 2007 as "Red-and-White" Day in
Richfield
2. Presentation by Dr. Jill Reilly, Academy of Holy Angels President, of publication
celebrating academy's 75th Anniversary; Academy of Holy Angels ~ A History
3. Presentation of Certificate of Recognition to Carol Mortenson for serving three
consecutive terms on Friendship City Commission
4. Presentation of Certificate of Recognition to John Hamilton for serving 15 years on Civil
Service Commission
5. Presentation regarding proposed Gateway Gardens at Wood Lake Nature Center
COUNCIL DISCUSSION
6. Council discussion
. Hats Off To Hometown Hits
Notes:
AGENDA APPROVAL
7. Council approval of agenda
CONSENT CALENDAR
8. Consent Calendar contains several separate items, which are acted upon by the City
Council in one motion. Once the Consent Calendar has been approved, the individual
items and recommended actions have also been approved. No further Council action is
necessary. However, any Council Member may request that an item be removed from the
Consent Calendar and placed on the regular agenda for Council discussion and action.
All items listed on the Consent Calendar are recommended for approval.
A. Consideration of approval of resolution modifying Health Care Savings Plan for eligible
management employees S.R. No. 61
B. Consideration of approval of resolution for off-street parking permit at 1901 66th Street
East; new City maintenance facility S.R. No. 62
C. Consideration of approval of amended resolution authorizing use of funds for2007
Urban Hennepin County Community Development Block Grant Program S.R. No. 63
D. Consideration of approval of purchase of engineering services from WSB & Associates
to renger services required to update City's Comprehensive Surface Water
Management Plan S.R. No. 64
E. Consideration of approval of purchase of Positron Power 911 Computer Telephone
based workstation for Public Safety Department from Owest Communications for
amount of $110,618.65 S.R. No. 65
Notes:
9. Consideration of items, if any, removed from Consent Calendar
Notes:
PUBLIC HEARINGS
10. Continuation of public hearing and second reading of proposed franchise ordinance and
agreement with Xcel Energy to March 13, 2007 City Council meeting, and approve
Agreement to Extend Electric Franchise with Northern States Power, doing business as
Excel Energy
Staff Report No. 66
Notes:
11. Public hearing and second 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 resolution authorizing summary
publication of ordinance relating to moratorium on electronic signs
Staff Report No. 67
Notes:
PROPOSED ORDINANCE
12. Consideration of second reading of ordinance amendment to Subsection 205.01 of
Richfield City Code related to regular meetings of City Council
Staff Report No. 68
Notes:
RESOLUTION
13. Consideration of resolution amending 2006 General Fund budget by authorizing transfer of
appropriations from Legislative/Executive Department and Public Works Department to
Public Safety Department
Staff Report No. 69
Notes:
OTHER BUSINESS
14. Consideration of approval of transfer of 2006 surplus fund balance from General Fund to
Recreation Contribution Fund and Central Garage & Equipment Fund
Staff Report No. 70
Notes:
CITY MANAGER'S REPORT
15. City Manager's report
Notes:
16. 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:
17. Adjournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must be
made at least 96 hours in advance to the City Clerk at 612-861-9738.
AGENDA SECTION:
AGENDA ITEM #
REpORT #
CONSENT
8A
61
......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
FEBRUARY 27, 2007
REpORT PREPARED By:
STEVEN L. DEVICH, CITY MANAGER
NAME, TiTLE
COUNCIL PRESENTER:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution modifying a Health Care Savings Plan for management
employees.
I. RECOMMENDED ACTION:
By Motion: Adopt a resolution modifying a Health Care Savings Plan
for eligible Management employees.
. I II. BACKGROUND I
In 2001, the Minnesota Legislature granted authority to the Minnesota State
Retirement System (MSRS) to offer a post retirement Health Care Savings Plan
(HCSP) to eligible employees of the State of Minnesota and other governmental
subdivisions. MSRS was authorized to administer these plans after they were
adopted by governmental subdivisions throughout the state.
A post retirement health care savings plan is an employer-sponsored program that
allows employees to save money to pay medical expenses and/or health insurance
premiums after termination of public service. Employees are able to choose among
different investment options provided by the State Board of Investment. Assets
contributed into the program are tax-free, accumulate tax free, and if used for
medical expenses, remain tax-free.
Legal authority to establish such plans is provided through Minn. Stat. 352.98 and
Internal Revenue Service rulings. The establishment of each plan, including
contribution formulae must be negotiated where dealing with a collective bargaining
0227HCSPManagement
unitor personnel policy where non-union employees are involved. Once
established, the plan must be filed with MSRS to initiate the program.
Participation for each individual employee within a bargaining or employee group is
mandatory once the plan is established for that respective group. Moreover, the
amounts contributed for or by each employee in a particular group must be the
same for every employee of the group. Contributed amounts between employee
groups will vary however.
A HCSP was established by the City Council for management employee group on
September 24, 2002 and modified on July 13, 2004. The management group has
now agreed upon a furtheJ modified plan that increases the mandatory contributions
to the plan.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. The State Statutes have been amended to provide the opportunity for
a very valuable benefit to city employees. The City of Richfield is
pursuing this benefit with employee groups that are interested in such
a mandatory plan.
. Approval by the City Council of the resolution will provide the City
authority to proceed with this modified program for management
employees not represented by a collective bargaining unit.
I B. CRITICAL ISSUES I_
. There is no time critical issue pertaining to the implementation of this
plan. However, the majority of management employees have
expressed a desire to implement the modified program, so it should be
pursued at the earliest opportunity.
. After City Council approval, this plan must be submitted to MSRS for
filing and implementation.
I C. FINANCIAL I
. There is no cost to the City in this version of the plan since the City
makes no contribution. In fact, there is a cost saving to the City in that
wages and severance pay that the employee contributes to the HCSP
are not subject to Social Security or Medicare contributions.
. The plan provides a great tax savings to the participating employees
and provides a tax mechanism to fund post retirement medical costs.
I D. LEGAL I
. There is legal authority for this plan in Minnesota Statutes and IRS
Code.
. The plan modification has been sent to the State for review and has
received informal approval.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. The City Council could decide not to approve this plan change. If the City
Council chooses to do so, the current plan would remain in effect.
I V. ATTACHMENTS
. Resolution.
. Health Care Savings Plan
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None
2>A -{
RESOLUTION NO.
RESOLUTION AMENDING THE POST RETIREMENT HEALTH CARE SAVINGS PLAN
FOR MANAGEMENT EMPLOYEES
WHEREAS, Laws of Minnesota 2001, chapter 352.98, authorizes the Minnesota
State Retirement System (MSRS) to offer a Post Retirement Health Care Savings Plan
(Plan) program to state employees, as well as, other governmental subdivisions, and
WHEREAS, the Internal Revenue Service Code provides for such Plans, and
WHEREAS, the City of Richfield currently offers such a Plan to eligible City
employees as a tax free method for employees to set aside money to cover the ever
increasing costs of health insurance and medical costs after termination of public
employment, and
WHEREAS, such plans must be established by employee group, either through a
collective bargaining agreement for union employees or a personnel policy for employees
not covered by a collective bargaining agreement, and
WHEREAS, modifications to the provisions of an established Plan for Management
employees have been agreed to by the Management group of City employees and the City
of Richfield, and
WHEREAS, the proposed plan is a net savings to the City of Richfield and a benefit
to the individual employees covered by the plan.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Richfield hereby authorizes the City Manager to amend the Health Care Savings Plan for
the Management group of employees in the City of Richfield.
Adopted by the City Council of the City of Richfield, Minnesota this 27th day of
February 2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
8f\~;l
Policy: Management Post Retirement Health Care Savings Plan
Approved by: Richfield City Council- February 27, 2007
Effective Date: March 18, 2007
Page: 1 of 2
Plan Purpose
Post Retirement
Health Care Savings
Plan
Eligibility to
Participate
Contribution
Formula
The City of Richfield is interested in establishing a means for eligible
employees to participate in a mandatory program to help defray some of
the costs of post employment health related expenses, including health
insurance premiums using pre-tax dollars. Participation in the Post
Retirement Health Care Savings Plan, administered by the Minnesota State
Retirement System (MSRS), is intended to provide an opportunity to
accomplish that goal.
The Post Retirement Health Care Savings Plan (HCSP) is an
Employer-sponsored program that allows eligible employees to:
1. defer payment of a portion of unused vacation and personal leave as a
severance payment at the time of termination to pay for eligible health
insurance premiums and/or health expenses after separation from City
service, and
2. defer a portion of an Employee's bi-weekly salary for deposit into their
HCSP for the payment of qualified healthcare related expenses after
separation from City service.
Employees will beable to choose among several different investment
options provided by the Minnesota State Board of Investment. Under the
Plan, amounts contributed into the HCSP are tax-free and not subject to
FICA contributions. Assets in the HCSP will accumulate tax-free and
since payouts are used for qualifying medical expenses, they will also
remain tax-free.
Participation in the Management HCSP is mandatory for all employees
that meet the following requirements:
1. The Employee must be a member of the Richfield Management Pay
Classification Plan or the City Manager at the time of termination of
employment, and
2. The Employee must have been continuously employed by the City of
Richfield for at least 3 consecutive years.
Mandatory participation in the Management HCSP shall bein accordance
with, and limited to the following formulas for contributions:
I. Bi-weeklv Contribution
1. An eligible Employee classified in pay grades M-1 through M-4 must
contribute to the Employee's account in the HCSP according to the
following schedule based on total City service:
HCSP
Administration
oA~3
. An eligible Employee with more than 3 but less than 5 years of
service must contribute $30 per pay period to the Employee's
account in the Management HCSP. Such contributions shall not
exceed $30 perpay period.
. An eligible Employee with more than 5 but less than 10 years of
service must contribute $35 per pay period to the Employee's
account in the Management HCSP. Such contributions shall not
exceed $35 per pay period.
. An eligible Employee with more than 10 but less than 20 years of
service must contribute $40 per pay period to the Employee's
account in the Management HCSP. Such contributions shall not
exceed $40 per pay period.
. An eligible Employee with more than 20 years of service must
contribute $45 per pay period to the Employee's account in the
Management HCSP. Such contributions shall not exceed $45 per
pay period.
2. An eligible Employee classified in the M-5 pay grade and the City
Manager must contribute $87.50 per pay period to the Employee's
account in the Management HCSP. Such contributions shall not
exceed $87.50 per payperiod.
II. Severance Contribution
1. Severance shall be paid in cash for the first 80 hours of accumulated
but unused Personal Leave. Severance based on accumulated but
unused Personal Leave in excess of 80 hours shall be paid as a credit
to the Employee's account in the Management HCSP.
2. Severance shall be paid in cash for the first 40 hours of accumulated
but unused Vacation Leave. Severance based on accumulated but
unused Vacation Leave in excess of 40 hours shall be paid as a credit
to the Employee's account in the Management HCSP.
3. All severance payments based upon Personal & Vacation Leaves are
calculated as described above, by multiplying the number of hours by
the applicable rate of pay at the time of termination.
Contributions authorized under this Plan shall continue until such time as
this policy is amended or repealed by the City of Richfield.
The HCSP is authorized under the Internal Revenue Code and is
administered by the Minnesota State Retirement System.
AGENDA SECTION:
AGENDA ITEM #
REpORT #
CONSENT
8B
62
.......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
FEBRUARY 27,2007
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 resolution regarding an off-street parking permit at 1901 66th Street East
(New City GaraQe).
1. RECOMMENDED ACTION:
By Motion: Approve the attached resolution for an off-street parking
permit at 1901 66th Street East.
I II. BACKGROUND I
. An off-street parking permit is required for all businesses and is intended to
ensure that adequate on-site parking is provided to accommodate expected
parking generation.
. Approval of an off-street parking permit also requires compliance with the
performance standards detailed in the City's Zoning Code.
. 1901 66th Street East is the approved location of the City's new Public Works
Maintenance Facility.
. The property is zoned C-2 (General Commercial).
. The plans include a detail "base bid" for the lower level, which will allow for 12
additional parking stalls, and an "alternative bid" which would not be large
enough to accommodate these additional stalls.
022707 - asp City Garage
I III. BASIS OF RECOMMENDA nON I
I A. POLICY I
. City parking requirements call for 93 parking stalls for a facility of this
size.
o The base bid plans provide a total of 93 parking stalls
divided as follows:
· 62 standard stalls
· 3 handicap stalls
· 16 overflow stalls (immediately adjacent to the
building along both the north and south sides)
· 12 lower level indoor stalls
o The alternative bid provides only 81 stalls, 12 short of
City requirements.
. Subsection 526.29 of the Zoning Code requires that no more than 85
percent of a lot in the C-2 District be impervious. This requirement is
met. Impervious surface covers 75 percent of the site. This
requirement is met through the combination of landscaping and the
porous asphalt pavement used in the northern-most parking area.
. Whenever possible existing trees should be preserved. This
requirement is met. Twenty-eight trees will be salvaged from the site
and relocated by Metropolitan Airport Commission (MAC).
. City landscape requirements call for parking areas to be landscaped
using trees, shrubs, sod and groundcover plants. This requirement is
met.
o For every 30 feet of street frontage, one tree is required.
This requirement is met. Sixty-two trees shall be
provided on the site.
o City staff will continue discussions with Short Elliott
Hendrickson, Inc. (SEH) regarding the types, sizes and
quantities of trees and planting materials.
. All parking lot 'setback requirements are met.
. Procedures for the issuance of an off-street parking permit are
described in Subsection 800.17 of the City Code and authorize the
City Council to issue a permit after determining that the requested
parking area will not have an adverse effect upon the public safety or
general welfare of the community.
I B. CRITICAL ISSUES I
. The base bid for the public works facility provides adequate parking to
serve the needs of the facility.
. Approval of the alternative bid (reduced lower level) would eliminate
12 parking stalls and would not meet City standards.
. A stipulation requiring final approval of the location and screening of
trash facilities by the Community Development Department prior to the
issuance of any building permits is included in the resolution. Staff
continues to work with the architects regarding the possibility of
housing trash facilities inside the facility.
. A stipulation requiring final approval of landscape plans by the
Community Development Department prior to the issuance of any
building permits is included in the resolution. Staff would like to further
discuss the caliper (size) of trees to be planted, the location of fencing
along TH 77, and further review the submitted planting liSt.
. Staff recommends approval of the off-street parking permit based on
the base bid as indicated in the attached plans. If the base bid is not
approved at some point in the future, the off-street parking permit will
require an amendment and consideration of off-site parking options.
I C. FINANCIAL
. N/A
I D. LEGAL
. N/A
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Recommend approval of the off-street parking permit with additional
stipulations and/or revisions.
. Recommend denial of the off-street parking permit with a finding of fact that
the proposal would have an adverse impact on adjacent properties or the
City as a whole. Businesses cannot operate without a valid off-street parking
permit.
I V. ATTACHMENTS
. Resolution.
. Site plan with outdoor parking detail (Sheet C103).
. Lower level floor plans: Base and Alternative Bids (Sheet A 110).
. Landscape plan (Sheet L 101 ).
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING I
. Randy Hughes, Public Works Operations Superintendent
. Mike Eastling, Public Works Director
. SEH representative
~8-1
RESOLUTION NO.
RESOLUTION GRANTING AN OFF-STREET PARKING PERMIT
AT 1901 66TH STREET EAST
WHEREAS, an application has been filed with the City of Richfield which requests
approval of an off-street parking permit for the parcel of land located 1901 66th Street
East, legally described on the attached Exhibit A; and
WHEREAS, the requested off-street parking permit has been reviewed by staff
and meets City requirements; and
WHEREAS, the proposed parking area will adequately serve the purpose for which
it is proposed and will not have an adverse effect upon the public safety or general welfare;
and
WHEREAS, the City has fully considered the request for approval for the off-street
parking permit; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. That an off-street parking permit is hereby approved for a parking area as detailed in
the approved base bid site plan, which provides for 93 off-street parking spaces.
2. Final landscape plans must be submitted to and approved by the Community
Development Department prior to the issuance of any building permits.
3. Final dumpster enclosure and screening plans must be submitted to and approved by
the Community Development Department prior to the issuance of any building permits.
4. All parking spaces must be accessible year round.
5. All landscaping must be maintained and if necessary replaced in conformance with
approved plans.
Adopted by the City Council of the City of Richfield, Minnesotathis 27th day of
February, 2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
022707 - asP City Garage
~0~~
Exhibit A
All of Tract A described below:
Tract A.
That part of the Northwest Quarter of the Southwest Quarter lying West of
the East 690 feet thereof except the North 233 feet of the West 233 feet of
said Northwest Quarter of the Southwest Quarter, all in Section 25, Township
28 North, Range 24 West, Hennepin County, Minnesota, and lying Easterly
of that part thereof taken under condemnation proceedings by the State of
Minnesota for highway purposes, more particularly described as: that part
thereof which lies within a distance of 60 feet Westerly and 144 feet Easterly
of the following described line: from the Southwest corner of Section 36,
Township 28 North, Range 24 West, running Northerly on the West line of
said Section 36 for 1000 feet; thence deflecting to the right at an angle of 90
degrees 00 minutes for 74.5 feet; thence deflecting to the left at an angle of
90 degrees 00 minutes for 2893 feet; thence deflecting to the right at an
angle of 05 degrees 37 minutes for 1434.45 feet; thence deflecting to the left
at an angle of 05 degrees 36 minutes for 1180.86 feet to the point of
beginning of the line to be described; thence continue along the last
described course for 1363.79 feet and there terminating; together with all that
portion of the above described tract lying Westerly of the Westerly boundary
of the above described strip and which lies Northeasterly of the following
described line: Beginning at a point on a line running parallel with and
distant 60 feet Westerly of the above described line, distant 1088.79 feet
South of the point of termination of the above described line; thence r,unning
Northwesterly to the intersection of the Easterly line of Cedar Avenue with a
line running Westerly at right angles to the above described line at a point
distant 813.79 feet Southerly of its point of termination (both distances being
measured along said line); also together with all that portion lying Easterly of
the first above described strip and which lies Westerly of the following
described line: Beginning at a point on a line running parallel with and
distant 144 feet Easterly of the first above described line at its intersection
with the South line of the Northwest Quarter of the Southwest Quarter of said
Section 25; thence running Northeasterly to the intersection of a line parallel
with and distant 340 feet Easterly of the first described line with a line running
Easterly at right angles to said first above described line, from a point distant
663.79 feet South of its point of termination (when measured along said first
above described line); thence running Northerly parallel with and distant 340
feet Easterly of said first above described line to the East and West Quarter
line of said Section 25; the title thereto being registered as evidenced by
Certificate of Title No. 351401; which is contained within the following
described line: Commencing at the west quarter corner of said Section 25;
thence southerly on an azimuth of 179 degrees 56 minutes 38 seconds along
the west line of said Northwest Quarter of the Southwest Quarter for 859.87
feet; thence on an azimuth of 89 degrees 56 minutes 38 seconds for 419.87
feet; thence northeasterly for 279.23 feet on a non-tangential curve, concave
to the southeast, having a radius of 378.00 feet, a delta angle of 55 degrees
49 minutes 48 seconds, a chord azimuth of 37 degrees 19 minutes 27
seconds and an arc length of 368.33 feet to the point of beginning of the line
to be described, said point being on the west line of the above described
Tract B.
Tract C.
~6-3
tract and distant 629.27 feet south of the northwest corner thereof; thence
continue northeasterly along the last described curve for 89.10 feet to a point
of reverse curvature; thence deflect to the left on a tangential curve, having a
radius of 280.00 feet and a delta angle of 01 degree 03 minutes 29 seconds,
for 5.17 feet to a point on the east line of the above described tract, distant
581.13 feet south of the northeast corner thereof; thence on an azimuth of
359 degrees 56 minutes 54 seconds along the east line of said tract for
514.66 feet; thence westerly for 69.21 feet on a non-tangential curve,
concave to the south, having a radius of 284.00 feet, a delta angle of 13
degrees 57 minutes 44 seconds, and a chord azimuth of 290 degrees 04
minutes 09 seconds; thence on an azimuth of 229 degrees 39 minutes 28
seconds for 19.69 feet to a point on the west line of said tract, distant 54.99
feet south of the northwest corner thereof; thence on an azimuth of 180
degrees 00 minutes 51 seconds along the west line thereof for 574.28 feet to
the point of beginning;
That part of the east 690 feet of the Northwest Quarter of the Southwest
Quarter of Section 25, Township 28 North, Range 24 West, Hennepin
County, Minnesota, lying west of a line running through a point in the north
line of said Northwest Quarter of the Southwest Quarter, 829.5 feet east of
the northwest corner thereof and at right angles to said north line of said
Northwest Quarter of the Southwest Quarter, and north of a line parallel to
and 250.06 feet south from said north line of said Northwest Quarter of the
Southwest Quarter measured at right angles to said north line of said
Northwest Quarter of the Southwest Quarter, except road;
That part of the Northwest Quarter of the Southwest Quarter of Section 25,
Township 28 North, Range 24 West, Hennepin County, Minnesota, described
as follows: Beginning 250.6 feet south of a point 690 feet we~t from the
northeast corner of said Northwest Quarter of the Southwest Quarter; thence
east to a point 829.5 feet east of the west line of said Southwest Quarter;
thence south for 405.54 feet; thence deflect to the left at an angle of 89
degrees 51 minutes for 330 feet; thence deflect to the left at an angle of 89
degrees 42 minutes for 656.4 feet to a point on the north line of said
Northwest Quarter of the Southwest Quarter, distant 1164.4 feet east of the
northwest corner; thence east to the northeast corner; thence south to the
southeast corner; thence west for 690 feet; thence north to the point of
beginning, except road;
together with that part of Tracts Band C hereinbefore described which lies westerly of Line
1 described below:
Line 1.
Commencing at the west quarter corner of said Section 25; thence southerly
on an azimuth of 179 degrees 56 minutes 38 seconds along the west line of
said Northwest Quarter of the Southwest Quarter for 859.87 feet; thence on
an azimuth of 89 degrees 56 minutes 38 seconds for 419.87 feet to the point
of beginning of Line 1 to be described; thence northeasterly for 368.33 feet
on a non-tangential curve, concave to the southeast, having a radius of
378.00 feet, a delta angle of 55 degrees 49 minutes 48 seconds, and a chord
azimuth of 37 degrees 19 minutes 27 seconds to a point of reverse
90-4
curvature; thence deflect to the left on a tangential curve, having a radius of
280.00 feet and a delta angle of 84 degrees 46 minutes 13 seconds, for
414.26 feet; thence on an azimuth of 340 degrees 30 minutes 58 seconds for
11.69 feet; thence deflect to the left on a tangential curve, having a radius of
284.00 feet and a delta angle of 57 degrees 22 minutes 51 seconds, for
284.42 feet and there terminating;
containing 2.35 acres, more or less, of which 0.20 acre is encumbered by an existing
highway easement;
together with that part of Tract A described below:
Tract A.
That part of the Northwest Quarter of the Southwest Quarter lying West of
the East 690 feet thereof except the North 233 feet of the West 233 feet of
said Northwest Quarter of the Southwest Quarter, all in Section 25, Township
28 North, Range 24 West, Hennepin County, Minnesota and except that part
of the above described tract lying Easterly of that part thereof taken under
condemnation proceedings by the State of Minnesota for highway purposes,
more particularly described as: that part thereof which lies within a distance
of 60 feet Westerly and 144 feet Easterly of the following described line:
from the Southwest corner of Section 36, Township 28, Range 24, West
running Northerly on the West line of said Section 36, for 1000 feet; thence
deflecting to the right at an angle 90 degrees for 74.5 feet; thence deflecting
to the left at an angle of 90 degrees 00 minutes for 2893 feet; thence
deflecting to the right at an angle of 5 degrees 37 minutes for 1434.45 feet;
thence deflect to the left at an angle of 5 degrees 36 minutes for 1180.86 feet
to the point of beginning of the line to be described; thence continue along
the last described course for 1363.79 feet and there terminating, together
with all that portion of the above described tract lying Westerly of the
Westerly boundary of the above described strip and which lies Northeasterly
of the following described line: Beginning at a point on a line running parallel
with and distant 60 feet Westerly of the above described line, distant 1088.79
feet South of the point of termination of the above described line; thence
running Northwesterly to the intersection of the Easterly line of Cedar Avenue
with a line running Westerly at right angles to the above described line at a
point distant 813.79 feet Southerly of its point of termination (both distances
being measured along said line); also together with all that portion lying
Easterly of the first above described strip and which lies Westerly of the
following described line: Beginning at a point on a line running parallel with
and distance 144 feet Easterly of the first above described line at its
intersection with the South line of the Northwest Quarter of the Southwest
Quarter of said Section 25; thence running Northeasterly to the intersection
of a line parallel with and distant 340 feet Easterly of the first above
described line with a line running Easterly at right angles to said first above
described line, from a point distance 663.79 feet South of its point of
termination (when measured along said first above described line) thence
running Northerly parallel with and distance 340 feet Easterly of said first
above described line to the East and West quarter line of said Section 25;
the title thereto being registered as evidenced by Certificate of Title No.
733426.
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.
which lies within Tract B described below:
Tract B.
Commencing at the West Quarter Corner of said Section 25; thence South
00 degrees 03 minutes 22 seconds East along the west line of said
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89 degrees 56 minutes 38 seconds East distant 419.87 feet to the point of
beginning of Tract B to be described: thence northeasterly for 279.23 feet on
a non-tangential curve, concave to the southeast, having a radius of 378 feet,
a delta angle of 42 degrees 19 minutes 28 seconds, a chord bearing of North
30 degrees 34 minutes 17 seconds East and a chord length of 272.92 feet to
the east line of Tract A; thence North 00 degrees 00 minutes 51 seconds
East, along east line of Tract A, for 574.28 feet; thence South 49 degrees 38
minutes 54 seconds West, for 85.11 feet; thence South 06 degrees 15
minutes 07 seconds West, for 300.80 feet; thence deflect to the left on a
tangential curve having a radius of 5674.58 feet a delta angle of 02 degrees
16 minutes 26 seconds for 225.21 feet; thence South 03 degrees 58 minutes
41 seconds West, for 164.84 feet; thence deflect to the left on a tangential
curve, having a radius of 6536 feet a delta angle of 00 degrees 35 minutes
19 seconds for 67.13 feet to said point of beginning.
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SEH FILE NO. RICHF07Q1.QO
ISSUE DATE
DESIGNED BY
DRAWN BY
PROJECT MGR
2007 MAINTENANCE FACILITY
CI TY OF
RICHFIELD
@2006 Short ElIioll Hendrickson, lnc
RICHFIELD, MN
DESCRIPTION
MARK DATE
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Short Elliott Hendrickson Inc.
1200 25th Avenue South
P.O. Box 1717
51. Cloud. MN 56302-1717
320.229.4300 main I 320.229.4301 fax
800.572.0617 toll free J www.sehlnc.com
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~
AGENDA SECTION:
AGENDA ITEM #
REpORT #
CONSENT
8C
63
.......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
FEBRUARY 27, 2007
REpORT PREPARED By:
BRUCE P ALMBORG, COMMUNITY
DEVELOPMENT DIRECTOR
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
~
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Amendment of allocation resolution for 2007 Community Development Block Grant Funds.
I. RECOMMENDED ACTION:
By Motion: Approve the amended resolution authorizing the use of -
funds for the 2007 Urban Hennepin County Community Development
Block Grant Program and authorizing signature of subreceiptient
Agreement with Hennepin County and any required third party
agreements.
I II. BACKGROUND I
On February 13th the City Council held a public hearing and adopted a resolution
for the distribution of 2007 Community Development Block Grant funds (CDBG).
The re~olution contained the following distribution for public service programs:
Home Line
JVS
CASH
H.O.M.E.
022707 CDBG
$17,936
$ 5,620
$ 3,532
$ 3,532
In reviewing the CDBG documents it was discovered the dollar amount for Home
Line and H.O.M.E. were switched. The intention was as follows:
Home Line
JVS
CASH
H.O.M.E.
$ 3,532
$ 5,620
$ 3,532
$17,936
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. The revised numbers for Home Line and H.O.M.E. are consistent with
the funding levels of the previous years as well as with the Richfield
Community Human Services Planning Council (RCHSPC)
recommendation.
I B. CRITICAL ISSUES I
. The revised allocation for Home Line and H.O.M.E. are consistent with
the expectations of all organizations.
I C. FINANCIAL I
. The programs of the two organizations are based on the expectation
of the corrected numbers.
I D. LEGAL I
. Hennepin County staff indicated that the adoption of an amended
resolution would be appropriate. A public hearing is not necessary.
I IV. ALTERNATNE RECOMMENDATION(S)
. Do not adopt the corrected resolution
I V. ATTACHMENTS
. Corrected resolution.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. N/A
~c'-I
RESOLUTION NO.
AMENDED RESOLUTION AUTHORIZING USE OF FUNDS FOR THE 2007 URBAN
HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND
AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN
COUNTY AND ANY REQUIRED THIRD PARTY AGREEMENTS
WHEREAS, the City of Richfield, Minnesota, through execution of a Joint
Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin
County Community Development Block Grant (COBG) Program; and
WHEREAS, The City of Richfield developed a proposal for the use of COBG funds
made available to it, and held a public hearing on February 13, 2007 to obtain the views of
citizens on local and Urban Hennepin County housing and community development needs
and priorities for the City's proposed use of $204,161 from the 2007 Urban Hennepin
County COBG Program.
WHEREAS, the dollar amounts in the February 13, 2007 resolution were reversed
for Home Line and H.O.M.E.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Richfield,
Minnesota approves the following projects for COBG and authorizes submittal of the
proposal to Hennepin County for review and inclusion in the 2007 Urban Hennepin County
COBG Program with the amended dollar amounts for Home Line and H.O.M.E.
Project Allocation Per Total Recommendation
Project
1. Public Service:
a. HOME Line $ 3,532
b. JVS $ 5,620
c. CASH $ 3,532
d. H.O.M.E. $ 17,936 $ 30,620
Rehab of Owner-Occupied Property $173,541 $173,541
TOTAL CDBG ALLOCATION $204,161 $204,161
BE IT FURTHER RESOLVED, that the Mayor and City Council hereby authorize
and direct the execution of the Subrecipient Agreement with Hennepin County and any
required Third Party Agreements on behalf of the City to implement the 2007 COBG
Program.
Adopted by the City Council of the City of Richfield, Minnesota this 27th day of
February, 2007.
Oebbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
022707 COBG
.
AGENDA SECTION:
AGENDA ITEM #
REpORT #
CONSENT
8D
64
.......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
FEBRUARY 27, 2007
REpORT PREPARED By:
KRISTIN ASHER, ASSISTANT CITY
ENGINEER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of authorizing staff to hire WSB & Associates to provide the services required to
update the Citv'sComprehensive Surface Water Management Plan.
.
I.
RECOMMENDED ACTION:
By Motion: Approve the purchase of engineering services from WSB
& Associates to render services required to update the City's
Comprehensive Surface Water Management Plan.
I II. BACKGROUND I
The current Comprehensive Surface Water Management Plan (SWMP) was
approved in September of 2000. The City must make significant changes to the
SWMP to meet the requirements of the Minnehaha Creek Watershed District, Nine
Mile Creek Watershed District, Richfield-Bloomington Watershed Management
Organization, Metropolitan Council and other requirements putforth by the
Minnesota Pollution Control Agency. The SWMP will be an attachment of the
Comprehensive Plan.
.
WSBand Associates has provided storm water engineering services to the City of
Richfield for the past15 years and are knowledgeable about the City's history and
current storm water needs. WSB has also stayed well informed on the multiple
0227WSBW020
..
regulatory agencies' rules as well as recent changes to the Federal, State and local
water resource management laws.
The attached work plan includes multiple meetings with the citizenadvisory
Community SeNices Commission to obtain policy direction for the plan.
I III. BASIS OF RECOMMENDATION I
IA. POLICY I
. Council approval is required if Council's decision results in
expenditures over $25,000.
. An updated Comprehensive Surface Water Management Plan is
required by the multiple agencies and targeted to be complete by
September 2008 to meet the Metropolitan Council's deadline.
I B. CRITICALIssUES I
. WSBhas provided excellent service to the City for the past 15 years
and has acted as the City's storm water experts.
I C. FINANCIAL I
. $77,616 will be paid for by theStorm Sewer Utility Fund.
I D. LEGAL I
. WSB & Associates is included in our engineering consultant pool and
this work would be completed as a work order.
I IV . ALTERNATIVE RECOMMENDATION( s) I
. Council could choose not to hire WSB & Associates and do a request for
proposal for another engineering firm to provide their services for
Comprehensive Plan update.
I V. ATTACHMENTS I
. WSB Work Plan to Prepare a Comprehensive Surface Water Management
Plan Update
. Watershed District Map
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None anticipated.
~
WSB
~[)-I
& Associati'!s, Inc.
Infrastructure I Engineering I Planning I Construction'
701 Xenia Avenue South'
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
February 13,2007
Ms. Kristin Asher
City of Richfield
6700 Portland Avenue
Richfield, MN 55423
Re: Work Plan to Prepare a Comprehensive Surface Water ManagementPlan Update
City of Richfield
Dear Ms. Asher:
Attached please find an updated work plan that outlines the tasks required to update the City of
Richfield's Comprehensive Surface Water Management Plan (SWMP). As you are aware, the
City must make significant changes to the SWMP to meet the requirements 6fthe Minnehaha
Creek Watershed District, Nine Mile Creek Watershed District, Richfield-Bloomington
Watershed Management Organization, Metropolitan Council, and NPDES MS4 permit. In
addition, recent changes to the Federal, State, and local water resource management laws require
storm water policy and program changes as well. Specific requirements by agency include:
. Metropolitan Council: The City is required by Metropolitan Council to update its
Comprehensive Plan. An updated SWMP is a required component of the Comprehensive
Plan. Based on the System Statement from Metropolitan Council, the City needs to submit
the Comprehensive Plan update by September 2008 that includes new, specific requirements
for your local SWMP.
. Minnehaha Creek Watershed District: The District has made significant modifications to
its Plan. Pursuant to Minnesota Rules, the City has two years from the Watershed District's
adoption of a Watershed Plan to update their local Plan. The MCWD should be adopting
their Plan in early 2007; therefore, the City will need to have their local plan approved and
adopted in 2009. Additionally, the MCWD will be undergoing a rule-making process. This
process is expected to take a few years. While the City will need to have their SWMP
approved before the rule-making process is complete, you will need to incorporate the rules
in the future. Therefore, the Plan must include provisions for amending the SWMP to
address these future rule changes.
. Nine Mile Creek Watershed District: The NMCWD's Plan was recently updated and
approved. As with the MCWD, the City has until early 2009 to have the local plan approved
to meet the requirements ofthe NMCWD.
W:\Andi\Markering Docs\Richfield\LTR - 020907 - ka,doc
Minneapolis I St Cloud
Equal Opportunity Employer
February 13, 2007
Page 2
g {)-d.
. Richfield-Bloomington Watershed Management Organization: The RBWMO is
currently updating their Watershed Plan. The timing of the RBWMO Plan adoption will
likely coincide with the City's process.
Clean Water Act Requirements: The MPCA has been developing and defining a broad
range of new requirements and rules relative to the implementation of the Federal Clean
Water Act. These requirements include meeting future nondegradation standards and
standards for impaired waters through the TMDL process. These requirements must be
addressed in the City's Plan update.
In order to meet the review agencies' timelines and develop a document that will assist the City
in managing storm water in an effective manner, we suggest the City adopt a schedule that
anticipates completion of the City's SWMP in late 2007. This will allow the City to develop a
proactive plan and meet the review agency timeline requirements.
If you have questions, please feel free to call me at (763)287-7196 or Pete Willenbring at
(763)287 -7188.
Sincerely,
WSB & Associates, Inc.
'P~~YE~~
Vice President
attachments
c. Mike Eastling, City of Richfield
d,dA Ir/#U
Andrea Moffatt, PWS
Environmental Scientist
W:\AndilMarketing DocslRichfieldlLTR - 020907 - ka.doc
Ell
.11111
Overview/Work Plan
Task 1
Collect Available Background
Information
...
WSB
4: Ass()ciates, lnc.
~b-3
There are a number of overlapping regulations and expectations facing the City
of Richfield. These pressures come from State agencies through the NPDES
program, from various Watershed Districts and the Metropolitan Council, and
from residents and developers, all of whom may have differing interests and
perspectives related to storm water management.
IIIE
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Overlapping Regulations Facing the City of Richfield
To address these issues in a timely and efficient way, we recommend the
following tasks be completed related to developing the City's Comprehensive
Surface Water Management Plan (SWMP).
Task 1 - Collect Available Background Information
This task consists of gathering relevant water resource-related information for
the City of Richfield. While much of this information was obtained during the
2000 Plan development, this information will be updated as needed. A project
kick-off meeting with City staff and communication with agencies will facilitate
collection of this information. We anticipate updating/collecting the following
data:
. Post 2000 water resource-related agreements
. Updated local plans and policies for the Watershed District and Watershed
Management Organizations within the City
. Updated topographic maps of the City, if applicable
. Storm water monitoring data, if available
· Information on remaining water resource problems related to flooding or
water quality .
. As-built drawings of trunk storm water conveyance system components
that have not been incorporated into the City system
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Task 2
Undertake Public and Agency
Input Process
~
WSB
& Associales. Inc.
<6D~~
. Updated water resource related ordinances such as shoreland, floodplain,
erosion control, and/or wetland ordinances, if applicable
. Maps showing the layout of the existing storm sewer system and other
available mapping of the City
. Most current City of Richfield engineering guidelines
. National Wetland Inventory mapping and existing information about the
wetlands within the City, if available
lUll
1111
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Information will also be collected from the following agencies: Hennepin
County, Nine Mile Watershed District, Minnehaha Creek Watershed District,
Richfield Bloomington Watershed Management Organization, Metropolitan
Council, Minnesota Department of Natural Resources, Minnesota Pollution
Control Agency, Minnesota Board of Water and Soil Resources, U.S. Army Corps
of Engineers, U.S. Fish and Wildlife Service, and any other organization that
may be applicable.
To facilitate the information..:gathering efforts and to provide notice that the City
will be updating is SWMP, a letter will be sent to each of these agencies
requesting the desired information.
This information collected will be used to develop the City's SWMP and well as
be used to update the water resource library for the City's future use and .
reference and will be incorporated into the City's GIS system by WSB staff. .
Task 2 - Undertake Public and Ag-ency Input Process
This task includes obtaining public input through the Community Services
Commission as well as obtaining information through meeting with regulatory
agencies to address specific standards and requirements for the plan. Two
meetings with the regulatory agencies and watershed districts are anticipated
during the development of the P~an to review plan requirements and possible
policies.
Meetings will be held with the Community Services Commission throughout the
process to review information and obtain input related to surface water
management policies, proposed future studies, and prioritization of surface
water projects. It is anticipated that between 6-8 meetings will be held with the
Community Services Commission. Shorter monthly updates will also be
provided to the Commission as needed.
A number of meetings with City staff are also anticipated throughout the SWMP
development process. In addition to the kick-off meeting outlined in Task 1, we
anticipate up to three additional meetings with City staff to review portions of
the plan and to review public and agency input.
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Task 3
Analysis and Interpretation of
Surface Water Data
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Task 3 - Analvsis and Interpretation of Surface Water Data
The water resource data collected as part of the previous tasks will be analyzed,
interpreted, and summarized in the plan to provide an indication of recent
status and trends concerning surface water resources within the City of
Richfield as well as assist in the development of updated surface water
management policies. This information developed in this task will be used to
develop water quality management polices as outlined in later tasks.
A. Hydrologic & Hydraulic Analysis
The City's existing storm water model will be reviewed and updated for
areas within the City that have redeveloped since the model was developed
in 2000. This task includes reviewing and updating subwatershed areas,
high water elevations, and peak discharge rates for the City. Areas that
have redeveloped will be analyzed and incorporated into the City's overall
model.
B. Floodplain Management
A map showing delineated floodplain boundaries will be prepared and included
with the SWMP. We will also review existing ordinances or policies related to
floodplain management and make recommendations related to future polices to
assist the City manage storm water and meet Watershed District requirements.
C. Wetland Management
This task will include reviewing the City's existing information related to
the wetland assessment that was completed with the 2000 plan. From this
review and a review of the Watershed District requirements, it will be
determined if additional analysis is needed. If additional analysis is
needed, it will be included as part of the implementation of the Plan
D. Shoreland Management
The City currently does not have a shoreland ordinance. The need to develop
this ordinance will be reviewed based on DNR requirements and Watershed
District requirements and incorporated into the Plan as needed. Additionally, a
map ofDNR Public Waters and Wetlands will be prepared. Available
information on the Ordinary High Water Level (OHWL) for these waters will also
be provided.
E. Technical Review of Alternative Storm Water Management Methods
This task includes providing a technical review and recommendations
related to alternative storm water management methods. This will include
an evaluation of the effectiveness of up to 15 different methods, including
chemical treatment ponds, rain gardens, infiltration areas, Low Impact
Development, porous pavement, etc. The selection of the techniques to
review will be completed with City staff. A method to evaluate future
II III
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innovative or alternative storm water management methods will also be
provided to the City. This will provide the City with a means to evaluate
BMPs' use and effectiveness for the community as new technologies are
proposed in the future.
Task 4
Nondegradation Review
and Analysis
Task 4 - Nondegradation Review and Analvsis
In anticipation of upcoming nondegradation requirements as well as possible
Total Maximum Daily Load (TMDL) requirements, we will conduct a review of
the land use changes and storm water management practices in the City since
1988. Based on the results of this analysis, additional policies will be
developed, if needed, to allow the City to pro actively address these
requirements.
The City's existing water quality model will be reviewed for reasonableness and
updated to include the areas that redeveloped since 2000. The model will be
used to assess the Watershed District requirements for load allocations for the
City to determine and quantify Best Management Practices that the City can
employ to meet these requirements. This analysis will include the following:
. Review of impaired waters within and located downstream of the City,
including Nine Mile Creek, Minnehaha Creek, and the Minnesota River.
. Identification of the level at which the City of Richfield will lead and
participate in the development of and implementation of the TMDL or
studies related to the special use classification of t..~e above listed water
bodies as is required by Metropolitan Council 2030 Comprehensive
Plan update requirements.
. A review and summary of the water quality within the City and
identification of all existing water quality monitoring locations.
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Task 5 - GIS Database Develooment
_ This task includes updating the GIS database for the City of Richfield. The
City's existing GIS storm sewer database will be updated to include pipe invert
elevations, pipe diameters, and as-built page numbers from the existing CAD
base map. The storm sewer line work will be cleaned so that storm sewer lines
begin and end at storm sewer structures. Multiple lines between structures and
gaps resulting from annotation will~be eliminated.
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All additional information collected in the data acquisition phase of the project
_ will be scanned and linked to the base map created for the City. This base map
will include summaries of the updated hydrologic modeling information, record
drawings of the storm sewer system, water resource studies, water resource
agreements, and the information collected in the previous tasks. This will
provide the City with a quick and easy way to retrieve water resource related
information.
All of the updated mapping developed with the SWMP including water quality
monitoring locations, floodplain, shoreland, water resource problem areas, soils
classifications, and pollutant source locations will be included in the GIS
database. The database will be designed so that it can easily be expanded to
include additional information in the future, be deployed for field use using
hand held GPS devices, and be integrated into detailed storm water modeling
programs. This database will be delivered to the City so the City can use and
access the information.
-'I)~li~~ra.~les -
_ .,-,~ummary ofthe - hydrologic/hydraulicmodel-infotmation, ' for-
the City referenced to GIS
Updated stonn sewer database'
Digital water resource library with linked data into GIS
database
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Task 6
Development of Goals and
Policies
Task 7
Identify Problems and
Corrective Actions
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Task 6 - Development of Goals and Policies
Based on the results of the previous tasks and associated analysis, goals and
policies for the management of water resources in the City will be developed.
These goals and policies will be developed to be in compliance with State and
Local and Metropolitan Council requirements, including MS4 NPDES and
impaired waters regulations, Watershed District requirements, as well as the
needs of the City. The City's SWPPP will also be incorporated into the Plan.
The storm water management goals and policies will incorporate cooperation
and coordination with other regulatory agencies, internal operation and
maintenance practices, regulation of redevelopment, and public education.
Policies in the following areas will be developed based on the results of the
previous tasks:
. Storm water rate control
. Flood control
. Water quality treatment
. Volume control
. Wetland protection and management
. Public education
. Public ditch and creek systems management
. Groundwater protection
. Erosion and sediment control
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These policies will assist the City in implementing the NPDES permit,
addressing impaired waters issues, and managing storm water in an effective,
efficient, and environmentally responsible manner.
----.---...-..------.--..--.---...--....---.---.......----..--.------.-.---.--..------.--.---.--.---.------.---...--.-.--.--..-...---...--.----.-----.--.-...;..---...-......,
Task 7 - Updated Problems and Corrective Actions
Water resource management problems identified within the City during data
collection process will be identified along with corrective actions. Problems will
be identified in the following areas:
. Lake, wetland, or pond water quality problems
. Flooding or rate control concerns in the City or between adjoining
communities
. Impacts of storm water management on recreational-opportunities
. Impacts of storm water management on fish and wildlife resources
. Erosion and sediment control problem areas
. Impacts of land use practices on storm water management
. Adequacy of the existing regulations to address storm water management
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Task 8
Develop Implementation Plan
Task 9
Prepare Final SWMP Report
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. Adequacy of capital improvement programs to address storm water
management issues
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The problem areas outlined in previous studies will be included in the Plan and
discussion related to when, how, and if the problem area has been addressed
will be included. For areas that remain to be addressed and/or new problems,
corrective actions for each item will be developed, if needed, and incorporated
into an implementation plan.
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Task 8 - Develop Implementation Plan
Through the SWMP development process, a number of water resource studies,
programs, and capital improvements will be identified either through the
development of goals and policies or through addressing problems with
corrective actions. This section will take into account pond maintenance
projects for the City. These programs, studies, and capital improvements will be
prioritized with City staff and developed into a clear implementation plan. This
implementation plan will provide a road map for the City to implement the
SWMP for the next ten.years.
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Task 9 -' Prepare Final SWMP Plan
This task focuses on the direct preparation of the plan document as outlined
below. The plan will be formatted as one comprehensive set of goals, policies,
and implementation priorities.
. Executive Summary
The plan shall have a section entitled "Executive Summary," which
generally summarizes the content of the local plan.
. Introduction/Purpose
The local plan will have a section entitled "IntroductionlPurpose," which
outlines why the plan was developed and how it can be used.
. Land and Water Resource Inventory
The plan will contain a land and water resource inventory information
that is relevant to the development of this document.
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. Establishment of Goals and Policies
The plan will state specific goals and corresponding policies related to the
purpose of these plans and be consistent with the policies and goals of the
regional, state, and federal goals and programs that are currently in place.
. Ass'essment of Problems and Corrective Actions
The plan will contain a summary assessment of existing and/or potential
water resource-related problems that affect the community along with non-
structural, programmatic, and/or structural solutions to the problems.
. Financial Considerations
The plan will contain an analysis of the financial impact of implementation
of the proposed regulatory controls and programs identified in the previous
section.
. Implementation Priorities
The plan will prioritize implementation components so as to make the best
use of available local funding and prevent future water management
problems from occurring to the maximum practical extent.
. Amendment Procedures
The plan will contain a section entitled "Amendments to Plan," which
contains the year the plan shall extend to and establish the process by
which amendments may be made. Due to u~e timing of the MCWD rule
making- process and the Metropolitan Council Comp Plan requirements, it
is anticipated some amendments to the plan will be needed 1-2 years after
the Plan is complete. The amendment section will discuss the process to
make these changes to theplan.
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This draft will be prepared and reviewed with City staff. Based on this review, a
final draft will be prepared and submitted to the Metropolitan Council,
Minnehaha Creek Watershed District, Nine Mile Creek Watershed District, and
Richfield-Bloomington Watershed Management Organization for review and
approval. The work effort associated with the review process with the agencies
is not known. This work will be billed on an hourly, as-needed basis and
reviewed with City Staff.
Once approved by the agencies, the Plan will be.reviewedwith the City Council
for their adoption. Upon final approval of the plan, ten printed copies and up to
20 CD copies will be made and provided to the City.
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City of Richfield Surface Water Management Plan Update - Cost Estimate
ApproxImate
Task Estimated Hours Billing Rate
Subtotal
l,~:l)ataColl~cti.on' .
Principal
Project Manage
Subtotal
$130 $390
$109 $2,616
$102 $3,570
$74 $2,590
$66 $990
$10,156
$130 $1,950
$109 $3,815
$74 $1,110
$66 $4,950
$11,825
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AGENDA SECTION:
AGENDA ITEM #
REpORT #
CONSENT
BE
65
.......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
FEBRUARY,27,~007
REpORT PREPARED By:
TODD SANDELL, POLICE
LIEUTENANT
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
[3
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Council consideration of upgrade to the current 911 call taking equipment to Positron Power
911, which is a Computer Teleohony based workstation.
I. RECOMMENDED ACTION:
By Motion: Approve the purchase of the Positron Power 911
Computer Telephony based workstation from Qwest Communications
for $110,618.65.
I II. BACKGROUND I
The 911 phone system currently used by PubliC Safety is manufactured by Positron
and distributed solely through Qwest Communications. This equipment was
purchased in the early 1990's and is at the end of its useful life. Positron has issued
a "Manufacturer Discontinued" and "End of Life" for the City's current workstations
as a result of component Iifecycle changes, component unavailability and market
transition to intelligent workstations such as Power 911.
Power 911 is an integrated Intelligent Workstation that provides 911 call takers with
on-screen control of both 911 land line and wireless calls. Power 911 will also
interface to other PBX Telephone Systems to provide telephony features to the
dispatch staff.
0227 911 Phone System Upgrade Purchase
Power 911 provides the dispatch staff with greater control over correcting ANI/All
discrepancies with the Power 911 software, thus saving time and effort. The
system also provides the ability to record bqth the 911 and radio conversations
simultaneously.
In upgrading to Power 911, Richfield Police Department will also be positioning the
911 center to communicate to the "Next Generation 911" network. Computer
Telephony Interfaces, such Power 911 are required to communicate with the new
911 Voice over Internet Protocol (VoIP) networks of the future.
IIII. BASIS OF RECOMMENDATION I
. The nature of 911 emergency communications is such that the City cannot
risk waiting. until the current system fails to upgrade to state-of-the-art,
reliable equipment.
. This is an upgrade to Positron equipment and Positron has no other
approved distribution channel for providing the proposed upgrade equipment
in the State of Minnesota, nor in the Qwest surrounding region.
I A. POLICY I
. When the purchase of materials, merchandise, or equipment exceeds
$50,000, authority to purchase shall be submitted to the City Council
for' consideration.
lB. CRITICAL ISSUES 1
. If the City builds a new City Hall, the new system can be moved to the
new building.
. Approval at the Council meeting will facilitate delivery of the new
equipment.
I C. FINANCIAL I
. The City receives revenue from 911 fees. These fees are to be used
for equipment related to the 911 dispatching function.
. Funds for the upgrade are in the 911 Fund. This purchase was
anticipated and listed in the approved 2007 Budget.
. Training of personnel is included in the cost.
. No General Fund money will be used to purchase this equipment.
I D. LEGAL I
. Since this is an upgrade to the Positron system, and Qwest is the sole
provider of the Positron equipment, no RFP is required.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. No action by Council on this purchase may eventually lead to the inability to
handle 911 calls if the City experiences an equipment failure.
I V. ATTACHMENTS
. Cost estimate from Positron.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None
'2[ -I
Richfield PD
Richfield, MN
Glenna Thulin - AE
Butch Hancock - SE
29 January 2007 (updtd 13 Feb. 2007)
Ugrade Life Line 100 Backroom and add 3 positons of Power 911
with Power MIS and ePrinter.
DESCRIPTION
EQUIPMENT
COSTS
IAP+ Equipment $ 887.19
Life Line 100 Equipment $ 2,077.90
Power 911 Software $ 23,801.01
Power 911 Hardware $ 8,744.26
IWS Hardware $ 18,274.20
CABLE & MISC MATERIAL $ 1,223.32
ePrinter $ 5,987.33
Power MIS $ 7,620.35
5 Year Software Evergreen Costs: (Required with System $ 8,518.81
order. Other Options are available.)
Qwest Labor for Installation of Equipment $ 10,800.00
Positron Training on Equipment $ 7,239.00
Positron Installation Charges $ 13,053.00
Shipping Costs (estimate, actual costs will be charged) $ 2,392.27
TOTAL PROJECT COSTS:
$ 110,618.65
Equipment Pricing Quote
Pag 1 Of 1
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Spirit of S,rrlctt
AGENDA SECTION:
AGENDA ITEM #
REpORT #
PUBLIC HEARINGS
10
66
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STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
FEBRUARY 27, 2007
REpORT PREPARED By:
CHRlS REGIS, FINANCE MANAGER
NAME, TITLE
COUNCIL PRESENTER:
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Continue public hearing and second reading of proposed franchise ordinance and agreement
with Xcel Energy to March 13, 2007 City Council meeting, and approve Agreement to Extend
Electric Franchise with Northern States Power Company, doina business as Xcel Energy
I. RECOMMENDED ACTION:
. Continue to the March 13, 2007 City Council meeting the public
hearing and second reading of a proposed franchise ordinance
and agreement between the City of Richfield and Xcel Energy; and
. Approve an Agreement to Extend Electric Franchise with Northern
States Power Com an , doin business as Xcel Ener
I II. BACKGROUND I
'. The current franchise agreement with Xcel Energy will expire on March 31,
2007.
. On January 23, 2007, the City Council held a first reading of a proposed
ordinance to establish new franchise terms with Xcel Energy.
. Xcel Energy did not accept the terms of the franchise as proposed at first
reading. The City staff, City Attomey have diligently negotiated with Xcel
Energy representatives regarding the terms of a new franchise agreement,
butthose negotiations have not been completed as of the date of this staff
report.
0227ElectricFranchiseAgreement
. Xcel has agreed to extend the franchise agreement pending completion of
negotiations on the new franchise.
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 essential services to
Richfield residents. Federal and State laws also obligate the City to
allow private utility infrastructure to be placed, operated and
maintained in City ROW.
I B. CRITICAL ISSUES I
. The extension of the franchise will allow the parties to continue
under the existing franchise agreement until a new franchise is
negotiated.
I C. FINANCIAL
. None.
I D. LEGAL I
. The City Attorney drafted the proposed extension agreement.
I IV.
ALTERNATIVE RECOMMENDATION(S) I
. Council could decline to approve this 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 the City of Richfield.
. If negotiations are concluded regarding the new franchise prior to the
February 27,2007 Council meeting, that proposed ordinance will be
provided to the Council, and the Council would have the option of holding
the second reading and approving the new ordinance and also approving
summary publication of the ordinance. However, the extension
agreement would still be needed to cover the period from March 31, 2007
until the effective date of the new ordinance.
Iv.
ATTACHMENTS I
. Agreement to Extend Electric Franchise.
. The City's latest proposal for the new franchise is attached.
. Resolution authorizing summary publication (if the alternate
recommendation is followed).
I VI.
PRINCIPAL PARTIES EXPECTED AT
MEETING
. A representative from Xcel Energy.
0227ElectricFranchiseAgreement
10-(
AGREEMENT TO EXTEND ELECTRIC FRANCmSE
THIS AGREEMENT is made as of February 27, 2007 by and between NORTHERN
STATES POWER COMPANY, d/b/a Xcel Energy, a Minnesota corporation ("NSP"), and CITY
OF RICHFIELD, a Minnesota municipal corporation ("City").
WHEREAS, NSP and City are parties to a franchise agreement approved by the City's
city council as Ordinance No. 1987-27; and
WHEREAS, the franchise granted by Ordinance No. 1987-27 has a term expiring on
March 31, 2007; and
WHEREAS, NSP and City both desire to extend the terms of the franchise as granted
under Ordinance No. 1987-27 for a period of time sufficient to allow the parties to conclude their
negotiations on new franchise terms.
NOW, THEREFORE, the parties agree as follows:
1. The parties agree to extend the term of the franchise granted by Ordinance No. 1987-27
from March 31, 2007 to April 30, 2007.
2. Each of the parties agrees to continue to perform their obligations under Ordinance No.
1987-27 during the period March 31, 2007 to April 30, 2007.
3. Each of the parties agrees not to object to or challenge the ability of the other party to
exercise the rights and privileges granted to that other party under Ordinance No. 1987-27 during
the period March 31, 2007 to April 30, 2007.
NORTHERN STATES POWER COMPANY,
D/B/A XCEL ENERGY
By
Its
CITY OF RICHFIELD
By
Its Mayor
By
Its City Manager
0227ElectricFranchiseAgreement
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February 22, 2007 City Redline
ELECTRIC FRANCHISE ORDINANCE
ORDINANCE NO.
CITY OF RICHFIELD, HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, D/B/A
XCEL ENERGY,=A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS,
PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY
OF RICHFIELD, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND
TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND
APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE
CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC WAYS AND
PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES.
THE CITY COUNCIL OF THE CITY OF RICHFIELD, HENNEPIN COUNTY,
MINNESOTA, ORDAINS:
SECTION 1. DEFINITIONS.
For purposes of this Ordinance, the following capitalized terms listed in alphabetical
order shall have the following meanings:
City. The City of Richfield, County of Hennepin, State of Minnesota.
City Utility System. Facilities used for providing public utility service owned or
operated by City or agency thereof, including sewer, storm sewer, water service, street lighting
and traffic signals, but excluding facilities for providing heating, lightin& or other forms of
energy.
Commission. The Minnesota Public Utilities Commission, or any successor agency or
agencies, including an agency of the federal government, which preempts all or part of the
authority to regulate electric retail rates now vested in the Minnesota Public Utilities
Commission.
Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel
Energy~ its successors and assigns including all successors or assignees that own or operate any
part or parts ofthe Electric Facilities subject to this franchise.
Electric Facilities. Electric transmission and distribution towers, poles, conductors,
lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by
Company for the purpose of providing electric energy for public use.
Non-Betterment Costs. Costs incurred by Company from relocation, removal or
rearrangement of Electric Facilities that do not result in an improvement to the Electric Facilities.
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February 22, 2007 City Red1ine
Notice. A writing served by either party or parties on the other party-Notice to Company
shall be mailed to the General Counsel, Legal Services, 414 Nicollet Mall, 5th Floor,
Minneapolis, MN 55401. Notice to the City shall be mailed to the City Manager, City of
Richfield, 6700 Portland Avenue South, Richfield, MN 55423-2560. Either party may change
its respective address for the purpose of this Ordinance by written notice to the other party.
Public Ground. Land owned or otherwise controlled by the City for park, open space or
similar public purpose, which is held for use in common by the public.
Public Way. Public right-of-way within the City as defined in Minn. Stat. S 237.162
subd. 3.
SECTION 2. ADOPTION OF FRANCHISE.
2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from
the date this Ordinance is passed and approved by the City, the right to transmit and furnish
electric energy for light, heat-and power or similar electric energy purpose for public and private
use within and through the limits of the City as its boundaries now exist or as they may be
extended in the future. For these purposes, Company may construct, operate, repair and maintain
Electric Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to
the provisions of this Ordinance. Company may do all reasonable things necessary or customary
to accomplish these purposes, subject, however, to such reasonable regulations as may be
imposed by the City pursuant to ordinance and to the further provisions of this franchise
agreement.
2.2 Effective Date: Written Acceptance. This franchise shall be in force and effect
from and after the passage of this Ordinance and publication as required by law and its
acceptance by Company. If Company does not file a written acceptance with the City within 90
days after the date the City Council adopts this Ordinance, or otherwise places the City on notice
before that time that the Company does not accept all terms of this franchise, the City Council by
resolution may revoke this. Ordinance or seek its enforcement in a court of competent
jurisdiction.
2.3 Service Rates and Area. The service to be provided and the rates to be charged
by Company for electric service in the City are subject to the jurisdiction of the Commission.
The area within the City in which Company may provide electric service is subject to the
provisions of Minnesota Statutes, Section 216BAO.
2.4 Publication Expense. The expense of publication of this Ordinance shall be paid
by Company.
2.5 Dispute Resolution. If either party asserts that the other party is in default in the
performance of any obligation hereunder, the complaining party shall notify the other party of
the derault and the desired remedy. The notification shall be written. Representatives of the
parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If
the dispute is not resolved within 30 days of the date of written Notice, the parties may jointly
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February 22, 2007 City Redline
select a mediator to facilitate further discussion. The parties will equally share the fees and
expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the
dispute within 30 days after first meeting with the selected mediator, either party may commence
an action in District Court to interpret and enforce this franchise or for such other relief as may
be permitted by law or equity.
2.6 Continuation of Franchise. If the City and Company are unable to agree on the
terms of a new franchise by the time this franchise expires, this franchise will remain in effect
until a new franchise is agreed upon, or until 90 days after the City or Company serves written
Notice to the other party of its intention to allow the franchise to expire, but in no event shall this
franchise continue for more than one year after expiration ofthe 20-year term set forth in Section
2.1.
SECTION 3. LOCATION. OTHER REGULATIONS.
3.1 Location of Facilities. Electric Facilities shall be located, constructed~ and
maintained so as not to interfere with the safety and convenience of ordinary travel along and
over Public Ways and so as not to disrupt normal operation of any City Utility System. Electric
Facilities shall be located on Public Grounds as determined by the City. Company's
construction, reconstruction, operation, repair, maintenance, location and relocation of Electric
Facilities shall be subject to any permit requirements authorized in a separate ordinance and te
other reasonable regulations of the City, consistent with authority granted the City to manage its
Public Ways and Public Grounds under state law, to the extent not inconsistent with a specific
term of this franchise agreement. Company may abandon underground Electric Facilities in
place, provided City's request, Company, at its own expense, removes abandoned metal conduits
or concrete encased conduit or other Facilities interfering with a City improvement project, to the
extent such conduit is uncovered as part of the City's improvement project.
3.2 Street Ouenin2:s. Company shall not open or disturb the surface of any Public
Way or Public Ground for any purpose without first having obtained a permit from the City, if
required by a separate ordinance for which the City may impose a reasonable fee, subject to the
provisions of Section 9. Permit conditions imposed on Company shall not be more burdensome
than those imposed on other utilities for similar facilities or work. Company may, however,
open and disturb the surface of any Public Way or Public Ground without a permit if (i) an
emergency exists requiring the immediate repair of Electric Facilities and (ii) Company gives
telephone, e-mail or similar notice to the City before, if reasonably possible, commencement of
the emergency repair. Within two business days after commencing the repair, Company shall
apply for any required permits and pay any required fees.
3.3 Restoration. After undertaking any work requiring the opening of any Public
Way, Company shall restore the Public Way in accordance with Minnesota Rules, Part
7819.1100 and applicable City ordinances to the extent consistent with law. Company shall
restore the Public Ground to as good a condition as formerly existed, and shall maintain the
surface in good condition for six months on unoaved surfaces and two years on oaved
surfaces thereafter. All work shall be completed as promptly as weather permits. If Company
shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and
306752v2 JMS RC145-516
1\)/5
February 22, 2007 City Redline
material, and put the Public Ground in the said condition and after demand to Company to cure!
City shall, after passage of a reasonable period of time following the demand, but not to exceed
five working days, have the right to make the restoration of the Public Ground at the expense of
Company. Company shall pay to the City the cost of such work done for or performed by the
City or its deshmees. This remedy shall be in addition to any other remedy available to the City
for noncompliance with this Section.
3.4 Performance Security. The City hereby waives any requirement, in the normal
course of Company operations, for Company to post a construction performance bond, certificate
of insurance, letter of credit or any other form of security or assurance that may be required
under a separate existing or future ordinance of the City, of a person or entity obtaining the
City's permission to install, replace or maintain facilities in a Public Way or the Public Ground.
Notwithstanding the foregoing, the City reserves the right to require a performance bond for new
Facilities installation, relocation, replacement, or repairs, when the Company's completion of its
work is required in order for the City to proceed with its work for constructing a public
improvement project to the Public Way on a timely basis.
3.5 Shared Use of Poles. Company shall make space available on its poles or towers
for City fire, water utility, police or other City facilities whenever such use will not interfere with
the use of such poles or towers by Company, by another electric utility, by a telephone utility, or
by any cable television company or other form of communication company. In addition, the City
shall pay for any added cost incurred by Company because of such use by City.
3.6 Avoid Dama2e to Electric Facilities. Nothing in this Ordinance relieves any
person, including Company, from liability arising out of the failure to exercise reasonable care to
avoid damaging Electric Facilities or other persons or property while performing any activity.
3.7 Notice of Improvements to Streets. The City must give Company reasonable
written Notice of plans for improvements to Public Ways where the City has reason to believe
that Electric Facilities may affect or be affected by the improvement. The notice must contain:
(i) the nature and character of the improvements, (ii) the Public Ways upon which the
improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City
will start the work, and (v) ifmore than one Public Way is involved, the order in which the work
is to proceed. The Notice must be given to Company a sufficient length of time, considering
seasonal working conditions, in advance of the actual commencement of the work to permit
Company to make any additions, alterations or repairs to its Electric Facilities.
3.8 Mapping Information. Company must promptly provide mapping information
for any of its underground Electric Facilities in accordance with Minnesota Rules Parts
7819.4000 and 7819.4100:
SECTION 4. RELOCATIONS.
4.1 Relocation in Public Ways. Company shall comply with the requirements of
any applicable ordinance of the City relating to relocation of Electric Facilities in Public Ways to
the extent consistent with Minnesota Rules, Part 7819.3100 and applicable ~aw.
306752v2 JMS RC145-516
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February 22,2007 City Redline
4.2 Relocation in Public Grounds. The City may require Company at Company's
expense to relocate or remove its Electric Facilities from Public Ground upon a finding by City
that the Electric Facilities have become or will become a substantial impairment to the existing
or proposed public use of the Public Ground. Such relocation shall comply with applicable city
ordinances consistent with law.
4.3 Proiects with Federal Fundim?:. Relocation, removal, or rearrangement of any
Electric Facilities made necessary because of the extension into or through City of a federally-
aided highway project shall be governed by the provisions of Minnesota Statutes Section 161.46,
as supplemented or amended. It is expressly understood that the right herein granted to
Company is a valuable property right and City shall not order Company to remove or relocate its
facilities without compensation when a Public Way is vacated, improved or re-aligned because
of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the
Federal Government or any agency thereof, unless the reasonable non-betterment costs of such
relocation are first paid to Company. The City is obligated to pay Company only for those
portions of its relocation costs for which City has received federal funding specifically allocated
for relocation costs in the amount requested by the Company.
4.4 No Waiver. The provisions of Section 4 apply only to Electric Facilities
constructed in reliance on a franchise from City and Company does not waive its rights under an
easement or prescriptive right or State or County permit.
SECTION 5. TREE TRIMMING.
Unless otherwise provided in any permit or other reasonable regulation required by the
City under separate ordinance, Company may trim all trees and shrubs in the Public Ways and
Public Grounds of City to the extent Company finds necessary to avoid interference with the
proper construction, operation, repair and maintenance of any Electric Facilities installed
hereunder, provided that Company shall save the City harmless from any liability arising
therefrom.
SECTION 6. INDEMNIFICATION.
6.1 Indemnitv of City. Company shall indemnify and hold the City harmless from
any and all liability on account of injury to persons or damage to property occasioned by the
construction, maintenance, repair, inspection, the issuance of permits, or the operation of the
Electric Facilities located in the Public Ways and Public Grounds. The City shall not be
indemnified for losses or claims occasioned through its own negligence except for losses or
claims arising out of or alleging the City's negligence as to the issuance of permits for, or
inspection of, Company's plans or work.
6.2 Defense of City. In the event a suit is brought against the City under
circumstances where this agreement to indemnify applies, Company at its sole cost and expense
shall defend the City in such suit if written notice thereof is promptly given to Company within a
period wherein Company is not prejudiced by lack of such notice. If Company is required to
306752v2 JMS RC145-516
ID--1
February 22, 2007 City Redline
indemnify and defend, it will thereafter have control of such litigation, but Company may not
settle such litigation without the consent of the City, which consent shall not be unreasonably
withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise
available to the City;.~ and Company, in defending any action on behalf of the City, shall be
entitled to assert in any action every defense or immunity that the City could assert in its own
behalf. This franchise agreement shall not be interpreted to constitute a waiver by the City of
any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466.
SECTION 7. VACATION OF PUBLIC WAYS.
The City shall give Company at least two weeks prior written notice of a proposed
vacation of a Public Way. Except where required solely for a City improvement project, the
vacation of any Public Way, after the installation of Electric Facilities, shall not operate to
deprive Company of its rights to operate and maintain such Electric Facilities, until the
reasonable cost of relocating the same and the loss and expense resulting from such relocation
are first paid to Company. In no case, however, shall the City be liable to Company for failure to
specifically preserve a right-of-way, under Minnesota Statutes, Section 160.29. In accordance
with Minnesota Rules, Part 7819.3200, if the City's order directing vacation of the Public Way
does not require relocation of the Company's Electric Facilities, the vacation proceedings shall
not be deemed to deprive Company of its right to continue to use the right-of-way of the former
Public Way for its Electric Facilities installed prior to such order of vacation.
.
SECTION 8. CHANGE IN FORM OF GOVERNMENT.
Any change in the form of government of the City shall not affect the validity of this
Ordinance. Any governmental unit succeeding the City shall, without the consent of Company,
succeed to all ofthe rights and obligations ofthe City provided in this Ordinance.
SECTION 9. FRANCHISE FEE.
9.1 Seoarate Ordinance. Durin!! the term of the franchise herebv !!ranted. and in
lieu of anv oermit or other fees bein!! imoosed on the Comoanv. the Citv mav imoose on
the Comoanv a franchise fee of not more than five oercent of the Comoanv's !!ross
revenues as hereinafter defined. The franchise fee shall be imoosed bv a seoarate
ordinance dulv adooted bv the Citv Council. which ordinance shall not be adooted until
at least 60 davs after written notice enclosin!! such orooosed ordinance has been served
uoon the Comoanv bv certified mail. The fee shall not become effective until at least 60
davs after written notice enclosin!! such adooted ordinance has been served uoon the
Comoanv bv certified mail.
9.2 Terms Defined. The term "!!ross revenues" means all sums. excludin!! anv
surchar!!e or similar addition to the Comoanv's char!!es to customers for the ouroose of
reimbursin!! the Comoanv for the cost resultin!! from the franchise fee. received bv the
Comoanv from the sale of electricitv to its retail customers within the coroorate limits of
the Citv.
9.3 Collection of the Fee. The franchise fee shall be oavable not less often than
auarterlv. and shall be based on the !!ross revenues of the Comoanv durin!! comolete
billin!! months durin!! the oeriod for which oavment is to be made. The oercent fee mav be
chan!!ed bv ordinance from time to time. however. each chan!!e shall meet the same notice
306752v2 JMS RC145-516
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February 22, 2007 City Redline
reQuirements and the nercenta2'e may not be chan2'ed more often than annuallv. Such fee
shall not exceed any amount which the Comnanv may le2'allv char2'e to its customers nrior
to navment to the City bv imnosin2' a surchar2'e eQuivalent to such fee in its rates for
electric service. The ComDanv may Day the City the fee based unon the surchar2'e billed
subiect to subseouent reductions to account for uncollectibles or customer refunds. The
time and manner of collectin2' the franchise fee is subiect to the annroval of the Public
Utilities Commission. which the Comnanv a2'rees to use best efforts to obtain. The
Comnanv a2'rees to make its 2'ross revenues records available for insnection bv the City at
reasonable times.
9.4 Conditions on the Fee. The senarate ordinance imnosin2' the fee shall not be
effective a2'ainst the Comnanv unless it lawfully imnoses and the City Quarterlv or more
often Collects a fee or tax of the same or 2'reater nercental!e on the receints from sales of
enerl!V within the City bv any other enerl!V sunDlier. nrovided that. as to such a sunnlier.
the City has the authority to reQuire a franchise fee or to imnose a tax. The franchise fee or
tax shall be annlicable to enerl!V sales for any enerl!V use related to hostin2'. coolin2'. or
lightinl!. as well as to the sunDlv of enerl!V needed to run machinerv and annliances on
premises located within or adiacent to the City. but shall not annlv to enerl!V sales for the
nurnose of Drovidin2' fuel for vehicles.
SECTION 10. PROVISIONS OF ORDINANCE.
10.1 Severability. Every section, provision, or part of this Ordinance is declared
separate from every other section, provision, or part; and if any section, provision, or part shall
be held invalid, it shall not affect any other section, provision, or part; provided, however, if any
provision is held invalid, the parties agree to negotiate in good faith to substitute, to the extent
reasonably possible, amended provisions that validly carry out the primary purpose of the invalid
provisions. Where a provision of any other City ordinance conflicts with the provisions of this
Ordinance, the provisions of this Ordinance shall prevail.
10.2 Limitation On Applicability. This Ordinance constitutes a franchise agreement
between the City and Company as the only parties and no provision of this franchise shall in any
way inure to the benefit of any third person (including the public at large) so as to constitute any
such person as a third party beneficiary of the agreement or of anyone or more of the terms
hereof, or otherwise give rise to any cause of action in any person not a party hereto.
SECTION 11. AMENDMENT PROCEDURE.
Either party to this franchise agreement may at any time propose that the agreement be
amended. This Ordinance may be amended at any time by the City passing a subsequent
ordinance declaring the provisions of the amendment, which amendatory ordinance shall become
effective upon the filing of Company's written consent thereto with the City Clerk after council
adoption ofthe amendatory ordinance.
SECTION 12. PREVIOUS FRANCHISES SUPERSEDED.:.
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February 22,2007 City Redline
This franchise supersedes and replaces previous franchises granted to the Company or its
predecessors. Upon Company acceptance of this franchise under Section 2.2, the previous
franchise shall terminate; provided, however, and notwithstanding anything in section 9.2 to the
apparent contrary, that the franchise fee ordinance duly adopted on October 25, 2005 as
Ordinance No. 2005-14 and implemented by the Company, shall continue in full force and effect
without interruption and is hereby incorporated intothis franchise ordinance.
Passed and approved:
Mayor of the City of Richfield, Minnesota
Attest:
City Clerk, Richfield, Minnesota
306752v2 JMS RC145-516
lo/It>
RESOLUTION NO.
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE
GRANTING TO NORTHERN STATES POWER COMPANY, D/B/A XCEL ENERGY, A
MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO
CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF RICHFIELD,
MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES,
INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES,
FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABIT ANTS,
AND OTHERS, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE
CITY FOR SUCH PURPOSES.
WHEREAS, the City has adopted the above reference ordinance to the Richfield
City Code; and
WHEREAS, the verbatim text of the amendment is cumbersome, and the
expense of publication of the complete text is not justified.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield that the following summary is hereby approved for official publication:
SUMMARY PUBLICATION
BILL NO. 2007-
FRANCHISE ORDINANCE AND AGREEMENT BETWEEN NORTHERN STATES
POWER COMPANY, D/B/A XCEL ENERGY AND THE CITY OF RICHFIELD
This summary of the ordinance is published pursuant to Section 3.12 of the Richfield
City Charter.
The purpose of this franchise ordinance and agreement is to grant Northern States
Power Company, D/B/AXcel Energy, a Minnesota corporation, its successors and
assigns, permission to construct, operate, repair and maintain in the City of Richfield,
Minnesota, and electric distribution system and transmission lines, including necessary
poles, lines, fixtures and appurtenances, for the furnishing of electric energy to the City,
its inhabitants, and others, and to use the public ways and public grounds of the City for
such purposes.
Copies of the ordinance are available for public inspection in the.Administrative
Services Department during normal business hours upon request by calling Finance
Manager Chris Regis (612-861-9723)
Adopted by the City Council of the City of Richfield, Minnesota this 2th day of
February 2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
0227ElectricFranchiseAgreement
AGENDA SECTION:
AGENDA ITEM #
REpORT #
PUBLIC HEARINGS
11
67
........
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
FEBRUARY 27, 2007
REpORT PREPARED By:
MELISSA POEHLMAN, PLANNING &
ZONING ADMINISTRATOR
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
fR
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public hearing and consideration of a second 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
zoning districts; and consideration of a resolution regarding summary publication of the above-
mentioned ordinance.
I. RECOMMENDED ACTION:
. Conduct and close the public hearing and by motion: Approve the
attached ordinance 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 zoning districts.
. By Motion: Approve the attached resolution authorizing summary
publication of an ordinance relating to a moratorium on electronic
signs.
022707 - 2nd Reading Electronic Sign Moratorium
I II. BACKGROUND I
. The City of Richfield regulates signs and displays on signs in order to reduce
potential traffic hazards and visual blight.
. 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 of flashing 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 electronic billboards 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 zoning 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.
lB. 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.
. Council approved a resolution establishing a one-year moratorium and
a first reading of the attached ordinance on January 23,2007.
I C. FINANCIAL I
. Section 3.12 of the Richfield City Charter allows the City Council to
authorize by unanimous vote summary publication of an ordinance
when the summary clearly informs the public of the intent and effect of
the ordinance.
I D. LEGAL I
. The attached ordinance was prepared by legal counsel.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Do not approve the attached ordinance and repeal the moratorium that was
effective upon adoption of the resolution on January 23, 2007.
I V. ATTACHMENTS I
. Ordinance establishing a one year morato~ium on electronic signs.
. Resolution for summary publication of ordinance amendment.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. Legal counsel
1/ --(
ORDINANCE NO.
AN ORDINANCE 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, CHANGEABLE COPY AND ILLUMINATED SIGNS IN ALL
. ZONING DISTRICTS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Backqround.
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".
(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
022707 - 2nd Reading Electronic Sign Moratorium
II--~
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. FindinQs.
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.
PlanninQ 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.
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
1l~3
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 no 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 ordinance is effective as provided by section 3.09 of
the Richfield City Charter.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
11-4
RESOLUTION NO.
RESOLUTION APPROVING SUMMARY PUBLICATION OF
BILL NO. BY TITLE AND SUMMARY
WHEREAS, the City Council of the City of Richfield has adopted the above referenced
ordinance, relating to a moratorium on electric signs; and
WHEREAS, Section 3.12 of the Richfield City Charter allows publication by title and
summary in the case of lengthy ordinances; and
WHEREAS, the City Council believes that the following summary would clearly
inform the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield
that the following summary of Bill No. is hereby approved for official publication:
***
SUMMARY PUBLICATION
BILL NO.
On February 27, 2007, the City Council of the City of Richfield adopted an
ordinance designated as Bill No. . The ordinance establishes 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, changeable
copy and illuminated signs in all zoning districts. The ordinance directs staff
to conduct a study to determine whether the City should adopt possible
amendments to its sign ordinance and zoning regulations pertaining to such
electronic signs. The full text of Bill No. is available for inspection at
Richfield City Hall during regular business hours.
Nancy Gibbs, City Clerk
Adopted by the City Council of the City of Richfield, Minnesota this 27th day of
February, 2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
AGENDA SECTION:
AGENDA ITEM #
REpORT #
PROP. ORDINANCE
12
68
....
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
FEBRUARY 27, 2007
REpORT PREPARED By:
CORRINE THOMSON, CITY ATTORNEY
NAME, TInE
COUNCIL PRESENTER:
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of second reading of an ordinance amendment relating to regular meetings of
the City Council; amendina Subsection 205.01 of the Richfield City Code.
I. RECOMMENDED ACTION:
By Motion: Approve second reading of the ordinance amendment
relating to regular meetings of the City Council; amending Subsection
205.01 of the Richfield City Code.
[ II. BACKGROUND I
At the January 23, 2007 City Council Worksession, the Council discussed
changing the meeting time of the regular City Council meetings. The Regular
City Council meeting start time was changed in January 2002 from 7 p.m. to 6:30
p.m. The council indicated that moving the starting time back to 7 p.m. would
allow the City Council to conclude more work during Worksessions.
First reading of the proposed ordinance was held on February 13, 2007 and
second reading was scheduled for February 27,2007.
I III. BASIS OF RECOMMENDATION
0227CouncilMeetingStartTime2nd Read
I A. POLICY I
. Richfield City Code requires that every ordinance receive two readings
before the Council prior to final adoption. The code also states the
procedure for adoption of ordinances and resolutions shall conform to
the requirements of the City Charter.
. Section 205, Subsection 205.01 of the Richfield City Code establishes
regular meetings for the City Council. The current ordinance states
regular Council meetings are held on the second and fourth Tuesdays
of each month at 6:30 p.m. at the City Hall.
I B. CRITICAL ISSUES I
. A second reading is required for ordinance amendments.
. A public hearing is not required by State law or City Charter.
. If approved at second reading, the ordinance will be published in the
Richfield Sun Current and be effective for the April 10 Regular City
Council meeting.
I C. FINANCIAL I
. Better utilization of staff and consultant resources will result in cost
savings over time.
I D. LEGAL
. N/ A.
I IV.
ALTERNATIVE RECOMMENDATION(S) I
. Defer action on the proposed ordinance to another Council meeting.
. Do not approve first reading of the ordinance.
. If action is not taken on this matter, the regular Council meetings will
remain on the second and fourth Tuesdays of each month at 6:30 p.m.
Iv.
I VI.
ATTACHMENTS
. Ordinance.
PRINCIPAL PARTIES EXPECTED AT
MEETING
. None.
0227CouncilMeetingStartTime2nd Read
/J-(
ORDINANCE NO.
AN ORDINANCE RELATING TO REGULAR MEETINGS OF
THE CITY COUNCIL; AMENDING SUBSECTION 205.01 OF
THE RICHFIELD CITY CODE
THE CITY OF RICHFIELD ORDAINS:
Section 1. Subsection 205.01 of the Richfield City Code is amended to read as
follows:
205.01. ReQular meetinqs. Regular meetings of the council are held on
the second and fourth Tuesday of each month at 6.:.30....7:00 p.m. at the
city hall. If any such Tuesday is a legal holiday, the meeting shall be
held on the next following day at the same hour and place.
Section 2. This ordinance is effective in accordance with Section 3.09 of the
Richfield City Charter.
Passed by the City Council of the City of Richfield, Minnesota this 27th day of
February, 2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
0227Cou ncilMeetingStartTime2nd Read
AGENDA SECTION: RESOLUTION
AGENDA ITEM # 13
REpORT # 69
.....
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
FEBRUARY 27, 2007
REpORT PREPARED By:
CHRIS REGIS, FINANCE MANAGER
NAME, TITLE
COUNCIL PRESENTER:
~
REVIEWED By CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution amending the allocation of the 2006 General Fund Budget
1. RECOMMENDED ACTION:
By Motion: Approve the resolution amending the 2006 General Fund
Budget by authorization of a transfer of appropriations from the
Legislative/Executive Department and Public Works Department to
the Public Safety Department.
I II. BACKGROUND I
. The Public Safety Department's budget for 2006 exceeds the adopted
appropriation by approximately $72,000 or only 1.02%. There are several
causes for the department to exceed budget.
. Within the Support Services division, the division realized the following
increases in 2006:
. Increased full and part-time personnel costs of $54,000 as a result staffing
changes and increased emphasis on the property maintenance program.
. Within the Police Operations division, the division realized the following
increased costs in 2006:
. Benefit accrual costs increased by $23,900.
. Increased benefit costs of $27,170.
Increased training and professional development costs of $14,300.
. Increased radio rental and support costs of approximately $15,800.
. Increased Hennepin County detention costs of $6,600.
0227BudgetAllocation
. Therefore, after the compilation of the 2006 Revised Budget, the expenditures
of the Public Safety Department have exceeded the appropriation contained in
the 2006 Revised Budget, resulting in the department's total 2006 expenditures
to exceed appropriations by approximately $72,000.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. The City Charter provides that the City Council must appropriate
monies for operations of the City on a departmental level basis.
. During the course of the year, the City Council amends the operating
budget and it is referred to as the Revised Budget.
lB.
I
FINANCIAL I
. The amount exceeding budget for the Public Safety Department is
approximately $72,000.
City staff is recommending that the 2006 Revised Budget be allocated
between the following departments and divisions in order to balance
all City departments:
CRITICAL ISSUES
. N/A
I C.
.
INCREASED BUDGETED EXPENDITURES
Public Safety
Support Services Division
Police Operations Division
Total
DECREASE BUDGETED EXPENDITURES
Legislative/Executive
Legal Division
Public Works
Parks Maintenance Division
Total
Net Change to General Fund Budget
$50,000
$30,000
$80,000
$50,000
$30,000
$80,000
$ 0
I D. LEGAL I
. City Charter provides that the City Council must appropriate funds at
the department level of spending.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. The transfer does not affect the annual General Fund Budget; instead it
provides that no department end the fiscal year overspent.
I V. ATTACHMENTS I
. Resolution authorizing revision of 2006 budgets of various departments.
., VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None
13-{
RESOLUTION NO
RESOLUTION AUTHORIZING REVISION OF 2006 BUDGETS OF VARIOUS
DEPARTMENTS
WHEREAS, Resolution No. 9699 appropriated funds for personal services, other
services and charges, supplies and capital outlays for each department of the City for the
year 2006; and
WHEREAS, Resolution No. 9860 authorized revision of the 2006 budget various
departments; and
WHEREAS, the City Manager has requested a revision of the 2006 budget
appropriations in accordance with charter provisions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, MN as follows:
SUMMARY
INCREASE BUDGETED EXPENDITURES
Public Safety
Support Services Division
Police Operations Division
Total
DECREASE BUDGETED EXPENDITURES
Legislative/Executive Department:
Legal Division
Public Works Department:
Parks Maintenance Division
Total
Net Change to General Fund Budget
, $50,000
$30,000
$80,000
$50,000
$30,000
$80,000
-0-
2007.
Passed by the City Council of the City of Richfield, MN. this 27th day of February,
ATTEST:
Nancy Gibbs, City Clerk
Debbie Goettel, Mayor
AGENDA SECTION:
AGENDA ITEM #
REpORT #
OTHER BUSINESS
14
70
...
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
-
FEBRUARY 27, 2007
REpORT PREPARED By:
CHRIS REGIS, FINANCE MANAGER
NAME, TITLE
COUNCIL PRESENTER:
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of transfer of 2006 surplus fund balance from the General Fund.
I. RECOMMENDED ACTION:
By Motion: Approve the transfer of 2006 surplus fund balance from
the General Fund to the Recreation Contribution Fund and the Central
Garage & Equipment Fund.
I II. . BACKGROUND I
. Preliminary financial results for the City's General Fund reflect a year end
surplus increase to fund balance of approximately $235,510.
. The City has a General Fund fund balance policy that includes a targeted
working capital designation of 40% of the current years General Fund
revenues.
. The requested transfer of a portion of the current surplus of 2006 General
Fund operating results is $32,780. This would reduce the increase to the
fund balance to approximately $202,730.
. If the transfers are approved, this would bring the General Fund targeted
working capital designation to 38.79% of 2006 revenues which is slightly
below the financial policy goal. If the transfers were not made, the working
capital designation would be at 39%.
. The requested transfers are as follows:
. $8,500 to be transferred to the Recreation Contribution Fund to help
fund the upcoming Centennial Celebration.
0227 Year End 2006 GF Transfers
. $24,280 to the Central Garage and Equipment Fund to help fund the
purchase of a.new fire rescue vehicle. Purchase of this vehicle was
approved at the February 13, 2007 City Council Meeting.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. The City's auditors have recommended that non-budgeted transfers
between funds be approved by the City Council.
I B. CRITICAL ISSUES
. N/A
I C. FINANCIAL I
. With the requested transfers, the City is still making progress to reach its
fund balance policy goal for the General Fund.
. The following table reflects the proposed transfer of a portion of 2006
year end General Fund surplus:
Transfer From
General Fund
Amount
$32,780
Transfer To
Recreation Contribution Fund
Central Garage Fund
Amount
$ 8,500
$24,280
I D. LEGAL
. N/A
I IV. ALTERNATIVE RECOMMENDATION(S) I
. The City Council can choose to approve all, part or none of the proposed
transfers.
I V. ATTACHMENTS
. None
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. N/A