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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. ~B-~ . 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 Northwest Quarter of the Southwest Quarter for 859.87 feet; thence North 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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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 .....: ~E~, ~'~::>,,:" . ..... ........ , PRELlMINAR Y NOT FOR CONSTRUCTION ~ I ~ m'" - - -< :~ s - '~ S s. -c;. ~ ---. ..... : ;' ,. ..., ....g;-/"i' ,;;/ .// ::2 .,/ 'i.:' , ;; m\ ~ 3 ~ ~ V\ " ~ " if f' . (f) --I ::::0 1'1 1'1 -1c ;; '''-... .,.,...... ".~ ./ / @~:'=" ':1 ''''i:;70.' "'.,:.... 'C'. ,....... 4./ .'d-;-jo ,....- ....... 'i ............... ;; .~-<.~n ~" " --- ~ ~.s " ,\ , , i i i Ii ' i'f, " I li I ! i ,\f f . i ; 11 / i i/! T ;;1 I / i ! j { I , j# ;;; i i \-" 'I "1 - i 8 U it ,~';ji;jd ~\~";:. 5.H ill'!" \'/' " ~:.~]I ~(};, '.l..'~" ,",(/j~,i > .V:/.. ~ ::>Jt~;:.',,"'././ ~" '"(11 //i,:;~'<- '>-J ( ~ll ' ,< ~:~:, "~c; ;;; :~:::::~>~:':/... 1 i '..,.,1 !,'" .! ! " h;:" ' '<1M' ~\:l~ " ~ y ~ / / ':.;p "C:,,:_ L ;: ,~':; (1",1,: .. , :: lli ! ! 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 Dil ~ 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 IIIHII ~ o ;::0 :;;::: 'U ~ 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 lIiill liB IIIIllI11 Eli 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 ~ o ?J A ~ r ~ 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. 1IIii!l!ll llIi1ll1i . iii IlIE Task 3 Analysis and Interpretation of Surface Water Data ... WSB & Associates. Inc. 8D-5 III. 1111I ~ o ~ ~ ""d r > Z _____~._.__~.._.H._____H._.'.._.___..H___~.__.___._H_________.__.___.H._..._.__...._...__....._......__.._...__.._____.._____.....____._____._.._...__.__...._....___.....H.__.___....._.__.__.__._ 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 II ill lUll 11II11/I <3 ()- (p 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. .... WSB & Associates. Inc. lUll iIllllll ~ o ~ ~ I-Q ~ ~ lIlIiII III II ilIlI!I lIIillll TaskS .pdating City GIS Database ~ WSB & Ass()ciales, Inc. 2/)-'] II. ilium 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. ~ o ~ ~ ~ r ~ 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 'c; ~i~ ':.:~ tiE 1lI11i1 11111 lillll Task 6 Development of Goals and Policies Task 7 Identify Problems and Corrective Actions .A. WSB &: Associates. Inc. gj)- ~ Ii'IlIlll lilli'll 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 ~ o :::0 A ~ ~ 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 liE 51i11 IIIilIl lUll Task 8 Develop Implementation Plan Task 9 Prepare Final SWMP Report .... WSB &; Associates. Inc. <6 D- q . Adequacy of capital improvement programs to address storm water management issues .11 11111 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. ~ o ;:::::; ~ ~ s;: Z 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. M_____._____________.___.________...._.____.M.___._._...__._..___._.___.__.h.____._.___.__".__.._.____._.___.__._...__._.__...N___.__..._..__..._.....~.__M__...._____........" 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. llIIIiIIII lUll iii. 1111 . .... WSB &: Associates. Inc. ~D-IO . 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. IIlRl lUll ~ o ~ A ~ r ~ 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. 1liUll !!!'UI'il 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 $11,825 . 6 65 18 18 107 1;.-'j.s't~'~E~~il()jEJ{JTitQtJiiS-&FP$T""{"";688>"""'".: $130 $109 $66 $66 $780 $7,085 $1,188 $1,188 $10,241 _0"' '.'...:<-..;-:.',-.-..... I .'.-..~7$i.7;616--- ;;: , ~ . . ' ~ ~ S' :::: .s ~ - ~ - l::: ~ ~ :::: ~ ;.. ~ ~ ~ <:..l ~ ;.. ~ ~ ~ .::: <:..l ~ ~ .c. o ~ :::: ..... - ~ - l::: ~ ~ ~ I'.i ~ ~ ~ '. .... " '.... -..' -:::' ". : -,'- ..... -..,.' ,", ..-....;.....: '.' " '. '.-.- >, <,' .-,.. " '::", .'.. ,:, .- ..:.: I'.i ~ '. .-- '.,- , o . :- -,'-:" ',:;--' "1I~i ~ ", '" ',. ' .\( .,.:.{,' J:""'-Hf:"- '.' , '.',L 1 ,,' .' < ..~:. S ':,:,- ", -:,.-. '..," ~ .,- ~. -. ','. :",:"'_~ . t ." '. .": <" -~.. ~ '..., -." ..'~ --- .~...'. .~ . ,: '. . '_.' . c." .;,: , . '. <:: '. , s...~ ~ il"- . - '.'~. '" ..c-.~..'" k,';:>: -;~ .~: ~ ~. :.. , <'~_~~~~_._.,.,n~_.~. .-'..::' . ..... .... .....; ~ .'~ ~:: ...... 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Cili;!s'PJ;! ~ COg~CD ;:+1>> 0-,0::;' s'~~~ilir !!l;aiPl5 '<""on_nCC l:g""Ol:l: fA n""::ll>> CD=~!!ll'liV UJ-!5!.'<~i m. l: ~1! 2 CD -"CDfA-a~o ~a~5l~~ s!!!.~!p~.g gi"lll '0= ,..,,3~ l:CD 2:1>>0 iia cni Cil sr.!!!. c._.fA --. i5'8 ~g "l:ijl oS' ~!2: "" 9' ;1i: liCD PJ~ ~!ii I>> 0 =CD "" ~"" 00 011 r CD to CD ::J a. s:: Z ;:0 5" 5" cr ::l CD 3; ~ ~ l! !- if .1.-.. III () .... () ii 8 iil '" 3 '" ~. () ::l ~ 5. XERXES WASHBURN VINCENT UPTON THOMAS SHERIDAN RUSSELL QUEEN PENN OLIVER NEWTON MORGAN LOGAN KNOX JAMES IRVING HUMBOLDT GIRARD FREMONT :e EMERSON DUPONT COLFAX D) BRYANT ALDRICH ,. LYNDALE CD GARFIELD U1 HARRIET GRAND PLEASANT :::T PILLSBURY CD WENTWORTI- BLAISDELL C. NICOLLET 1st STEVENS C 2nd -- 3rd UJ CLINTON 4th ,. 5th .... PORTLAND -- OAKLAND Sl PARK COLUMBUS UJ CHICAGO ELLIOT 10th 11th 12th 13th 14th 15th BLOOMINGTOI 16th 17th 18th CEDAR C)O c:::7 \ - l>J z t1j 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 :" ..' , : ~:: ..:::~west:..i'2. Spirit of S,rrlctt AGENDA SECTION: AGENDA ITEM # REpORT # PUBLIC HEARINGS 10 66 ...... 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 ro,;t 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. 306752v2 JMS RC145-516 10-3 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 306752v2 JMS RC145-516 I D/~ 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 IO~~ 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 IO/l5 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.:. 306752v2 JMS RC145-516 (0-9 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