03-13-07 Agenda
~~
CITY OF RICHFIELD, MINNESOTA
TUESDAY, MARCH 13,2007
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 27, 2007; and (2)
Regular City Council Meeting of February 27, 2007
COUNCil DISCUSSION
1. Council discussion
. Hats Off To Hometown Hits
Notes:
AGENDA APPROVAL
2. Council approval of agenda
CONSENT CALENDAR
3. Consent Calendar contains several separate items, which are acted upon by the City
Council in one motion. Once the Consent Calendar has been approved, the individual
items and recommended actions have also been approved. No further Council action is
necessary. However, any Council Member may request that an item be removed from the
Consent Calendar and placed on the regular agenda for Council discussion and action.
All items listed on the Consent Calendar are recommended for approval.
A. Consideration of approval of first reading of ordinance amending Transitory Ordinance
No. 17.57 vacating portion of 77th Street West, near reconstructed intersection of
Emerson Avenue South and 77th Street West; 7537 Girard Avenue; and schedule.
second reading for March 27,2007 S.R. No. 71
B. Consideration of approval of resolution establishing just compensation and authorizing
purchase of property at 6600 Oakland Avenue needed to complete 66th Street and
Portland Avenue intersection project S.R. No. 72 .
C. Consideration of approval of agreement with Mom's Taxi Transportation Corporation to
provide transportation services for Community Center program participants S.R. No. 73
D. Consideration of approval of purchase from GA TR GMC of Fergus Falls, MN of new
chassis for new lights and signs aerial truck for use by Street Division in amount of
$32,628.48 S.R. No. 74
E. Consideration of approval of contract renewal with Auction Broadcasting Company of
Minneapolis for auctioning forfeited vehicles from Public Safety/Police S.R. No. 75
Notes:
4. Consideration of items, if any, removed from Consent Calendar
Notes:
PUBLIC HEARINGS
5. Public hearing and second reading of proposed franchise ordinance and agreement
between City of Richfield and Xcel Energy and resolution authorizing summary publication
of ordinance (continued from February 27,2007)
Staff Report No. 76
Notes:
6. Public hearing regarding amendment to conditional use permit to allow co-location of
telecommunication equipment on existing CWTS tower and installation of accessory
equipment at ground level at 6244 Cedar Avenue
Staff Report No. 77
Notes:
7. Public hearing and second reading of transitory ordinance providing funding for certain
capital improvements from Special Revenue Fund
Staff Report No. 78
Notes:
RESOLUTION
8. Consideration of resolution approving provisions of 2007-08 labor agreement with Police
Officers and Detectives Law Enforcement Labor Services, Local 123
Staff Report No. 79
Notes:
CITY MANAGER'S REPORT
9. City Manager's report
Notes:
10. Claims and payrolls
Open forum (additional 15 minutes if more time needed after first Open Forum and by majority
vote of the City Council)
Each speaker is to keep their comment period to three minutes to allow sufficient time for others.
Comments are to be an opportunity to address the Council on items not on the agenda.
Individuals who wish to address the Council must have registered prior to the meeting.
Notes:
11. 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: CONSENT
AGENDA ITEM # 3A
REpORT # 71
.......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
MARCH 13, 2007
REpORT PREPARED By:
CHRISTINE COSTELLO, COMMUNITY
DEVELOPMENT SPECIALIST
NAME, TITLE
COUNCIL PRESENTER:
REVIEWED By CITY
MANAGER:
DEPARTMENT DIRECTOR
REVIEW:
ITEM FOR COUNCIL CONSIDERATION:
First reading of an amendment to Transitory Ordinance 17.57.
I. RECOMMENDED ACTION:
By Motion: Approve first reading of an ordinance amending
Transitory Ordinance No. 17.57 to include the correct legal
description of the affected land, and schedule a second reading for
March 27, 2007.
I II. BACKGROUND I
In 1994, as part of the Shops at Lyndale Redevelopment project, the City Council
approved Transitory Ordinance 17.57, which vacated a street easement over a
portion of West 77th Street between Dupont and Emerson Avenues. The legal
description for the area to be vacated was incorrect and the property owner, CSM
Corporation (CSM), is requesting that an amended Transitory Ordinance be
adopted with the correct legal description of the area.
In addition to the above modification, CSM is requesting that the Transitory
Ordinance also be amended to delete a "reservation for public utility easements".
These easements are unnecessary because easements will be created in a
031307-Amed Trans Ord 17.57 _Shops at Lyndale Plat
separate Declaration of Easements document that will be approved as part of the
final plat.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. The City' conducted all necessary public notice requirements when it
initially considered this request in 1994.
. CSM will have until December 31,2007 to plat the Shops at Lyndale,
Hennepin County. Once someone replats a property or properties all
real estate taxes have to be paid at that time. This is the same policy
required for anyone who replats within Richfield.
I B. CRITICAL ISSUES I
. The amended Transitory Ordinance will facilitate the replatting of the
Shops at Lyndale.
. The current request is simply to correct the legal description of the
street easement area that was vacated by Transitory Ordinance 17.57.
. The request to eliminate the reservation for public utility easements that
was included in the original Transitory Ordinance 17.57 has been
approved by the City Attorney. The reservation is unnecessary
because public utility easements will be included in the Declarations of
Easements document that will accompany the final plat.
I C. FINANCIAL
. N/A
I D. LEGAL I
. The City Attorney has reviewed this request.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Do not approve the amendment to Transitory Ordinance 17.57.
I V. ATTACHMENTS
. Amended Transitory Ordinance 17.57.
. Map showing location of vacated area.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. Representative from CSM Corporation.
311- (
AMENDED BILL NO. 1994-11
AMENDED TRANSITORY ORDINANCE NO. 17.57
AN ORDINANCE VACATING A PORTION OF 77TH STREET WEST, NEAR THE
RECONSTRUCTED INTERSECTION OF EMERSON AVENUE SOUTH AND 77TH
STREET WEST AUTHORIZING AND PROVIDING FOR THE SALE, TRANSFER, OR
OTHER DISPOSITION AND CONVEYANCE OF CERTAIN CITY OWNED REAL
PROPERTY LOCATED IN THE CITY OF RICHFIELD, COUNTY OF HENNEPIN, STATE
OF MINNESOTA (7537 GIRARD AVENUE SOUTH)
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1: The following described lands are subject to an easement for public
street purposes:
That part of 77th Street West lying between the centerline of Dupont Avenue South
and the west line of Emerson Avenue South, located in the Southwest Quarter of
the Southeast Quarter of Section 33, Township 28, Range 24 and 77th Street West,
as dedicated in the plat of NORTHFEL T ADDITION, according to the recorded plat
thereof, all in Hennepin County, Minnesota, described as commencing at the
southeast corner of the Northeast Quarter of the Southwest Quarter of the
Southeast Quarter of said Section 33; thence South 89 degrees 55 minutes 12
seconds West, assumed bearing, along the south line of said Northeast Quarter of
the Southwest Quarter of the Southeast Quarter 86.58 feet to the point of beginning
of the parcel to be described; thence northwesterly 187.04 feet along a non-
tangential curve concave to the northeast having a radius of 61 0.33 leet and a
central angle of 17 degrees 33 minutes 32 seconds, the chord of said curve bears
North 63 degrees 15 minutes 42 seconds West; thence South 38 degrees 20
minutes 06 seconds West, not tangent to said curve, 32.47 feet; thence southerly
64.46 feet, along a tangential curve concave to the east, having a radius of 120.00
feet and a central angle of 30 degrees 46 minutes 42 seconds to said south line of
the Northeast Quarter of the Southwest Quarter of the Southeast Quarter; thence
South 89 degrees 55 minutes 12 seconds West, along said south line of the
Northeast Quarter of the Southwest Quarter of the Southeast Quarter, a distance of
1.00 foot to the east line of the west 30.00 feet of the East half of the Southeast
Quarter of said Southwest Quarter of the Southeast Quarter of Sec. 33; thence
South 0 degrees 07 minutes 35 seconds West, along said east line, to the south line
of the north 30.00 feet of said East half of the Southeast Quarter of the Southwest
Quarter of the Southeast Quarter; thence North 89 degrees 55 minutes 12 seconds
East, a distance of 298.95 feet, along said south line, to the east line of said East.
half of the Southeast Quarter of the Southwest Quarter of the Southeast Quarter;
thence north along said east line to its intersection with the southeasterly -
continuation of the above described 610.33 feet radius curve; thence northwesterly
along said 610.33 feet radius curve to the point of beginning.
Sec. 2: Due to the relocation and reconstruction of 7ih Street West in the vicinity of
Emerson Avenue South, there is no longer a public need for a street easement over the
above-described property.
Sec. 3: The street easement in favor of the public over the above-described
property is hereby vacated.
Passed by the City Council of the City of Richfield, Minnesota this 13th day of
March, 2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
Sunde Land Surveying, LLC
Vacation .Description
Sketch For:
CSM CORPORATION
~- /
l'J
!: ~:
~.a:;
E,~ I:)
~- .
~\ E~
~( ~"
.. . , E. LINE OF THE E I /2 OF THE
NOOO~'22I1E SE 1/4 OF THE SW 1/4 OF
,--78.67 THE SE 1/4 OF SEC. 33
/ ,
~ I. '
I
o
rt')
o :
...T...........zf~~..7 - - -1~ ~
. _VI: en
: . . n' lL. ~ : 30 co
: '.:. : W 0: VI
~ .' :~......:;. ~ ~ 8 ~
. 0 -::::-VI :
'. .
W u.. :
z;;:o :
:.... ::J VI ~ 1
..' . lL. ........ :
VI 0 _ __~. ________
....! -
wP"l
VlP"l
~I;j
NVI
'-1<-
-0
.""
w,-
....-
Ow
,..:VI
........
00
P"l""
.'-
z-
....~
OVl
w....
zo
::i""
.,-
VI_
: ........
: "000:
~::. . .:.
~ : .;::"
: 0:
'. .
.'
00 :.
/.,:j! ,,~ ,,~
.:/:. ~ ~ -~
.': "II It)
!:t " 0.... I.
:.' - "?
:. ..... 0/:1 :] /Jl / \
.:..:;....:. " o' r~ ,'I ,
1 .... .... '-J <., V
: II <o!$ I'"
'. ~V' c# CJ" I. v_V
...............:.. . ........ ......... ...\ ........ ..........
: ~-;. ( \
1 ~- '/j
'-~:-85--J-
: -.~. /
! '~:'I
. ~
: ~;)
~ I ~~~
: ' ,
-.,.
\.. ~K\ ~~~~
''',; #
/~+" .t,~;~
~ :', \"0..,
..... '\ ~ '...,...... '~~' <I, "
,Q<<> br. ...-; ...,.;~..
oryO ,,:>'V ,/ '.
,,:>CO : I?"" I
o .. <0
" (""6.00
<I"" > 't.15
VOo
'15' v>(
"'<" ..........;.,"'"
~---85-~----~~~
: '...
~ . ~~
.,
....".......
////
1\
1"~ ~
I
,
I
I
I
I
,
J
I
I
I ,
\1.',"
," \
," \
\
,
0' I ~"~or:"AI
&.;.IW.t...T1_V'"
7 I A~~AI"~ r:
.~WV.. _.
- W. LINE OF
~ EMERSON AVE.
---L-
E,'JERSO,A,'
A''C'''A,''r:- ~
".,a:;."va:;. .:J.
-t
200/-/56 6/6~5
T.28 R.24 5.JJ SMT 200//560/4.dwg
3 rr- :J
PRbPOSED V ACA TlON DESCRIPTION
wP"l
VI"l
~~
NVI
'-....
-0
w~
....-
Ow
,..:VI
........
00
P"l""
.'-
;t-
....~
OVl
w....
20
:J""
W-::::-
That part of 77th Street West lying between the
centerline of Dupont Avenue South and the west line
of Emerson Avenue South, locoted in the Southwest
Quarter of the Southeast Quarter of Section 33,
Township 28, Range 24 and 77th Street West,
os dedicated in the plat of NORTHFEL T
ADDITION, according to the recorded plat thereof, 011
in Hennepin County, Minnesota,
described os commencing at the southeast corner of
the Northeast Quarter of the Southwest Quarter of
the Southeast Quarter of said Section 33; thence
South 89 degrees 55 minutes 12 seconds West,
assumed bearing, along the south line of said
Northeast Quarter of the Southwest Quarter of the
Southeast Quarter 86.58 feet to the poin t of
beginning of the parcel to be described; thence
northwesterly 187.04 feet along 0 non-tangential
curve concave to the northeast having 0 radius of
610.33 feet and a central angle of 17 degrees 33
minutes 32 seconds, the chord of said curve bears
North 63 degrees 15 minutes 42 seconds West;
thence South 38 degrees 20 minutes 06 seconds
West, not tangent to said curve, 32.47 feet; thence
southerly 64.46 feet, along 0 - tangentiol curve concave
to the east, having 0 radius of 120.00 feet and 0
central angle of 30 degrees 46 minutes 42 seconds
to said south line of the Northeast Quarter of the
Southwest Quarter of the Southeast Quarter; thence
South 89 degrees 55 minutes 12 seconds West, along
said south line of the Northeast Quarter of the
Southwest Quarter of the Southeast Quarter, 0
distance of 1.00 foot to the east line of the west
.30.00 feet of the East half of the Southeast Quarter
of said Southwest Quarter of the Southeast Quarter
of Sec. 3.3; thence South 0 degrees 07 minutes 35
seconds West, along said east line, to the south line
of the north .30.00 feet of said East half of the
Southeast Quarter of the Southwest Quarter of the
Southeast Quarter; thence North 89 degrees 55
minutes 12 seconds East, 0 distance of 298.95 feet,
along said south line, to the eost line of said East
half of the Southeast Quarter of the Southwest
Quorter of the Southeast Quarter; thence north along
said east line to its intersection with the
southeosterly continuation of the above described
610.33 feet radius curve; thence northwesterly along
soid 6 10.33 feet radius curve to the point of
beginning.
~ SCALE: I ,Inch
~ ~
40 Feet
o
rt')
We hereby certify that this sketch, plan or
report was prepared by me or under my
instruction and that I am 0 duly Registered
Land Surveyor under the lows of the State of
Minnesota.
Doted this 9th "day ofSeptember;"'2003
SUNDE LAND SURVEYING, LLC.
By: ~'4 2~~~d1_________
Scot:~~~~~
Minn. Reg. No. 17256
AGENDA SECTION:
AGENDA ITEM #
REpORT #
CONSENT
3B
72
.......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
MARCH13, 2007
REpORT PREPAREDBv:
KRISTIN ASHER, ASSISTANT CITY
ENGINEER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BVCITV
MANAGER:
.
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution establishing just compensation and authorizing the purchase of
land needed to complete the 66th Street & Portland Avenue Intersection Project at 6600
Oakland Avenue.
I. RECOMMENDED ACTION:
By Motion: Approve a resolution establishing just compensation and
authorizin urchase of ro ert located at 6600 Oakland Avenue.
I II. BACKGROUND I
The 66th Street and Portland Avenue Intersection Improvement Project requires
additional right of way. Three single-family homes have been acquired and three
commercial properties will need to be acquired. Partial acquisitions are also
expected on three commercial properties, one multi-family property, one single
family home, and a narrow strip of land along the front of Veterans Memorial Park
adjacent to 66th Street, which would be replaced with new parkland contiguous to
Veterans Park.
Appraisal reports were prepared for the 6600 Oakland property as part of the partial
acquisition approved by the council on October 24, 2006. The review appraiser's
031307PortlandCornerstone
.
recommended determination of just compensation is $235,000 for this acquisition.
This amount will be the basis for the offer to the property owner.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. Right of way acquisition procedures set forth by the Minnesota
Department of Transportation and the Federal Highway Administration
are being followed.
I B. CRITICAL ISSUES I
. An offer will be made to the property owner at 6600 Oakland Avenue
upon receipt of Council's approval of just compensation and
authorization to purchase.
. Properties are being processed for Council's consideration for just
compensation and purchase authorization as staff receives appraisals.
I C. FINANCIAL I
. Hennepin County using Community Works Funds will provide funding
for the purchase of this parcel.
I D. LEGAL I
. The City attorneys have overseen the right of way acquisition process
and will be available to answer any questions.
I IV. ALTERNATIVE RECOMMENDATION(S) 'I
. Council may choose to delay approval of the just compensation and
authorization to acquire this property.
I V. ATTACHMENTS' I
. Resolution establishing just compensation and authorizing purchase of.real
estate property located at 6600 Oakland Avenue.
. Project map outlining properties impacted by the intersection improvements.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None.
.
313 --I
RESOLUTION NO.
RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING
PURCHASE OF REAL PROPERTY LOCATED AT 6600 OAKLAND AVENUE (66TH
STREET AND PORTLAND AVENUE INTERSECTION IMPROVEMENT PROJECT)
WHEREAS, the City of Richfield, Minnesota desires to purchase certain real
property pursuant to and in furtherance of the 66th Street and Portland Avenue
Intersection Improvement Project (Project) heretofore adopted by the City of Richfield
(City) said real property being described on Exhibit A, together with all abutting streets and
alleys, vacated or to be vacated, and all easements, gaps, overlaps and gores,
. appurtenant thereto; and
WHEREAS, the City has adopted a layout for Project improvements; and
WHEREAS, the Project improvements necessitate the purchase of real property
appurtenant thereto; and
WHEREAS, the City is authorized by Minnesota Statutes to acquire real property
within its corporate boundaries; and
WHEREAS, the City has caused appraisal for the property to be made by qualified
independent professional appraisers to determine fair market value of real estate; and
WHEREAS, a qualified review appraiser has certified the real estate appraisal
report as being in conformity with appraisal standards; and
WHEREAS, the Richfield Public Works Department and City Attorney have
reviewed all appraisal reports and review appraisal reports prepared for the properties and
the City staff recommendations of just compensation for the real estate; and concur that
such amounts should be determined by the City Council as the just compensation for such
properties, as indicated in Exhibit A; and
WHEREAS, the Richfield Public Works Department has' also recommended that the
City proceed to make offers to the owners of the properties in the just compensation
amounts of $235,000 for the 6600 Oakland Avenue real estate acquisition.
WHEREAS, the just compensation amount indicated is consistent with said
appraisal report and review appraisal report.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota as follows:
.
1. That the total just compensation for the individual parcel of real estate is found to be
the amount indicated in this resolution.
2. That the City's staff and consultants are authorized and directed to submit to property
owner the City's offer to pay such just compensation amount for all interests in such
property and commence negotiations for the purchase of said property interest.
.
.
..
3tJ-fJ-
3. Thatthe City's staff and consultants are hereby directed to notify, in writing, the owner
of the property that the City intends to acquire the property indicated in Exhibit A and
establish eligibility for relocation benefits, if any.
4. That the City Manager and Mayor are authorized to execute purchase agreements in a
form acceptable to them and take all other actions necessary to complete the purchase
of the property for the amount of just compensation set forth in this resolution.
Adopted by the City Council of the City of Richfield, Minnesota this 13th day of
March, 2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
.
G)"C....
-cc
.cmG)
~f/)E
o~Q.
E ~'S
E -;( 0-
-u:w
<(
!::
!!!
::I:
><
W
~G)
:!:~
um
c..
38-3
C6
....
o
....
o
Y7
G)
....
.!
f/)
W
C6
G)
0::
o
o
o
..n
~
N
Y7
C)
.5
G)
In
J!l
f/)
~
G)"C
....~
C.-
-~
.....0-
o 0
c<(
o
:;:;
Q.
'i:
o
f/)
G)
C
.~
E
~
0)
0>
.~
en
-
o
0>
r:::
32
J9
0)
0)
u..
.~~
~. .
~~
O)e..
0) e
u..e..
f/)
f/)
G)
I..
"C
"C
<(
f'
G)
Q.
o
I..
c..
..-
0)>>
:::l U
r::: (tl
0) U
> 0
<(>
"'0
"'0<(
r::: 0)
~r:::
~ 0
(tl.....
O~
00)
NE
coo
coO
'-'"
I'--
""""0
r;::Q
f'lZ
Z-l
l>f'l
'S:CJ
~..
""""
:.:-;;;
g,
""N
00
70
O-J
0J
./
()
o
0.
./
f'l
X
::T
rJ
=+
en
./
;0
o
~
I
3"
u
o
o
-t
en
0.
I ~I;e ~
! f ~~
~ !OX~ I
!ii:
~I ~i'
~i!! "
I~ ~ =:i
-i ~l-i
h I ~ig
Ii ~f;
II~ I @ e ~ 1110
("') en ~ "1:l OJ ~ g ~ ~ ~ ~
..:<" en a ~ ~ ~ i ~ ~ ~ ~
...... ;1; 0
::r ::0 a ~ ~ ~ l l l
"- ~ :s
0 en ~ (D g
-h - r- g ~
..... ~ ..., Ci) ~ g ~
;:c CiI :::;: f ~
0" ~ ~ ~ * ~ ~
CD tii -g CI) ~ ~ ~ ~
=r ..... -. (;) <b '<
::::!;
-h QO g ::;: !a r- ~
<D" 0" .g ~
a... -a ::!
~
0
:s:: ;::I.. C\.
- ~
:::J S>> "<
:::J :I
<D a..
en )>
0
,........ <
Q) CD
:I
c:
CD
-
:I
fit
UJ
CD
(")
....
--
0
:I
.
:::a
--
ca
::T
~
0
~
~
'<
-
3
"'CS
S>>
(")
fit
AGENDA SECTION: CONSENT
AGENDA ITEM # 3C
REpORT # 73
.......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
MARCH 13, 2007
REpORT PREPARED By:
JIM TOPITZHOFER, RECREATION SERVICES
DIRECTOR
NAME, TITLE
COUNCIL PRESENTER:
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW: l2t'
REVIEWED BY CITY MANAGER: .
ITEM FOR COUNCIL CONSIDERATION:
Authorize staff to execute an agreement with Mom's Taxi Transportation Corporation to
rovide transportation services for Communit Center ro ram artici ants.
I. RECOMMENDED ACTION:
By Motion: Authorize staff to execute the attached agreementwith
Mom's Taxi Transportation Corporation to provide transportation
services for Community Center program participants.
I II. BACKGROUND I
The Community Center has in the past contracted transportation services with Martin
Luther Manor at a discounted rate to transport seniors from their homes to the Richfield
Community Center to attend the Senior Dining Program and other functions. Martin
Luther Manor unexpectedly terminated the contract on December 31, 2006 because
they were purchased by a for-profit corporation that would no longer commit to
providing the service to the Richfield community. Since then staff has been working
towards finding another transportation contractor and has negotiated the attached
agreement with Mom's Taxi Transportation Corporation.
Mom's Taxi Transportation Corporation, a new minority owned business located in
Richfield, has offered to provide transportation services at a similar rate. Owner and
Richfield resident Beverly Frazier is offered to provide bus transportation for a number
of needy Senior Dining participants that do not have access to their own transportation
0313 Mom's Taxi Agreement
or can't otherwise get to the Community Center for a reasonable cost. There is
currently an average of 8 riders in need of the service each weekday. Each rider
currently pays $3.00 per round trip and the Community Center subsidizes the
remaining cost of transportation.
Highlights of the agreement with Mom's Taxi include:
. Agreement term is March 19,2007 to December 31,2007
. Mom's Taxi will transport up to 11 program participants to and from the
Senior Dining program each weekday excluding City holidays.
. City pays Mom's Taxi $7.50 per round trip and collects $3.00 per round trip
directly from each rider.
. In addition to a charge for each round trip, the agreement includes a $2,000
up front contract fee.
. Minimum payment to Mom's Taxi is $1,200 per month regardless of the
number of transports.
. Program participants can cancel a reservation up to one day in advance of
the day of transport.
. Insurance requirements are disclosed in the agreement.
. The agreement has an escape clause of 60 days.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. It is appropriate for staff to receive authorization from City Council
before entering into a contract with a service vendor of this
magnitude.
. Only Richfield residents are eligible to receive the proposed
transportation services.
I B. CRITICAL ISSUES I
. Although there are a relatively small number of residents that utilize
the proposed transportation service, these people are in desperate
need of the service and would otherwise not attend the Senior Dining
program on a regular basis. The Richfield community needs a
transportation service to the Community Center for needy seniors.
I C. FINANCIAL I
. The minimum City expenditure for the proposed agreement is $13,400
and the maximum expenditure (if 11 participants are transported
each and every weekday) is $17,675. The maximum expenditure
indicated is within the approved Recreation Services operating
budget for this service in 2007.
I D. LEGAL I
. The City Attorney has reviewed the attached agreement.
I ALTERNATIVE RECOMMENDATION(S) . I
. City Council has the option to search for another vendor.
. City Council has the option to reject the agreement and not pursue a
transportation services for the Community Center.
I IV. ATTACHMENTS I
. Agreement with Mom's Taxi Transportation Corporation
I V. PRINCIPAL PARTIES EXPECTED AT MEETING
. None.
3t--1
AGREEMENT BETWEEN THE CITY OF RICHFIELD AND
MOM'S TAXITRANSPORTATION CORPORATION FOR
TRANSPORTATION SERVICES
Hereinafter, the City of Richfield, Minnesota, will be referred to as the CITY and Mom's Taxi
Transportation Corporation as SERVICE PROVIDER.
SCOPE OF SERVICES
1. SERVICE PROVIDER will provide transportation services for a maximum of eleven (11)
program participants each program day. Service Provider will transport program participants
from specified locations of residence in Richfield to the Richfield Community Center, 7000
Nicollet Avenue, Richfield, Minnesota, by approximately 11 :30 a.m. each weekday (program
days are Monday through Friday - not on weekends) and returned home after the Senior
Dining Program at approximately 12:30 p.m.
2. SERVICE PROVIDER will provide certified vehicles (non-accessible) and trained personnel,
certified by the Minnesota Department of Transportation. SERVICE PROVIDER will provide
consistent service that is safe, courteous, and respectful, and agrees to abide all traffic
regulations.
3. SERVICE PROVIDER drivers will assist riders on and off the vehicle as needed.
4. CITY shall fax SERVICE PROVIDER a reservation list of riders in advance of two business
days of each program day, and a list of cancellations in advance of one business day of each
program day.
PAYMENT FOR SERVICES
1. CITY agrees to pay SERVICE PROVIDER an individual rate of $7.50 per round trip ride for up to
11 riders each program day, and a contract fee of $2,000. The contract fee of $2,000 will be
payable to Service Provider by March 31, 2007. The required minimum payment for services is
$1,200 per month regardless of the actual number of round trips. Service Provider shall submit
an invoice for the total number of round trips indicated on the reservation lists each program day,
for the previous month served, in the amount of $7.50 per round trip. Any cancellations within
advance notice of one business day will be removed from the reservation list. City shall remit
payment within 21 days of receipt of invoice.
GENERAL TERMS AND CONDITIONS
1. This agreement shall commence on March 19, 2007, and shall terminate on December 31,2007.
2. Transportation services are not required on the following observed City holidays and building
closures: May 28, July 4, September 3, November 12, November 22, November 23, December
25.
3. Service Provider shall not refuse transportation services to riders based on race, religion, color,
creed, disability, national origin, marital status, sexual orientation or sex. Vehicle provided
SERVICE is not accessible and CITY will make other arrangements for persons with disabilities.
4. This agreement, upon execution by both parties hereto, can be amended only by written
instrument signed by both parties.
5. Service Provider agrees to not collect any fees, gifts, or tips in any form from riders.
6. SERVICE PROVIDER will maintain insurance coverage in the following amounts:
Worker's Compensation
General Liability
Bodily Injury
Property Damage
Automobile Liability
Bodily Injury
Property Damage
Professional Liability Insurance
Statutory
$1,000,000
$500,000
$1,000,000
$1,000,000
$1,000,000
S:\Council\CCstaffreport\0313Moms T axiAgreementONL Y.doc
3C~)
7. SERVICE PROVIDER shall at all times defend, protect, indemnify, and hold harmless the CITY
and its agents, officers, servants, and employees from any and all claims for damages and other
remedy, including but not limited to traffic accidents and injuries of program participants getting
on or off of vehicles operated by SERVICE PROVIDER and attorney fees arising from or by
reason of claims resulting from the transportation of program participants. Nothing in this
Agreement shall be construed as a waiver by the City of any immunities, defenses, or other
limitations on liability to which the City is entitled by law, including but not limited to the maximum
monetary limits on liability established by Minnesota Statutes, Chapter 466.
8. This Agreement can be terminated by the CITY or SERVICE PROVIDER for any reason upon
sixty (60) days written notice to the other party. In the event the agreement is terminated,
SERVICE PROVIDER will refund the initial contract fee of $2000 to City, less an amount equal to
$200 for each month of service that is provided prior to contract termination. SERVICE
PROVIDER will prepare a final invoice showing all charges incurred through the date of
termination.
Mom's Taxi
City of Richfield, Minnesota
Beverly Frazier
Owner
Suzanne M. Sandahl
Mayor Pro Tempore
Jim Topitzhofer
Recreation Services Director
Date
Date
S:\Council\CCstaffreport\0313Moms T axiAgreementONL Y.doc
.t~
.
AGENDA SECTION:
AGENDA ITEM #
REpORT #
CONSENT
3D
74
......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
MARCH 13, 2007
REpORT PREPARED By:
MARK HALL, GARAGE AND PARK
MAINTENANcE SUPERVISOR
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
EI
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the purchase of a chassis for a new lights and signs aerial truck for use by
the Street Division. .
I. RECOMMENDED ACTION:
By Motion: Approve the purchase of a new GMC 5500 chassis from
GATR GMC of Fergus Falls, MN for $32,628.48 including Minnesota
State sales tax.
I II. BACKGROUND I
Unit 352, a 1990 Ford F600 with a fiberglass utility body and aerial bucket, is fully
depreciat~d and in the 2007 budget for replacement this year. It was originally
scheduled for replacement in 2000, but was extended for seven years. This truck is
the workhorse for the lights and sign maintenance in the street division and is also
used for park light maintenance. The utility box and aerial device will be purchased
on a separate bid and will have a separate staff report for council approval.
I III. BASIS OF RECOMMENDATION
0313071ighttruck
. This purchase will be made on the Minnesota Regional Service
Agency contract.
I B. CRITICAL ISSUES I
. Approval at the March 13, 2007 Council meeting will facilitate delivery
of the chassis.
I C. FINANCIAL I
. The approved 2007 budget contains $40,000 for the purchase of the
chassis.
. Funding for this vehicle will be from tax levy and the central garage
fund.
. $60,000 is budgeted for the utility box and aerial device.
I D. LEGAL I
. When the purchase price of materials, equipment, or construction
exceeds $25,000, authority to purchase shall be submitted to the City
Council for consideration.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Council may delay approval to a later meeting. Delayed approval, however,
will result in delayed delivery.
. No action by Council on this purchase will eventually result in more
breakdowns; dollars wasted on repairs, and lost efficiency.
I V. ATTACHMENTS
. None
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None
AGENDA SECTION:
AGENDA ITEM #
REpORT #
CONSENT
3E
75
......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
MARCH 13, 2007
REpORT PREPARED By:
JAY HENTHORNE, POLICE
LIEUTENANT
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
[~:r
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the renewal of the contract with ABC for 2007 for auctioning forfeited vehicles
from Public Safetv/Police.
I. RECOMMENDED ACTION:
By Motion:
· Approve the renewal for 2007/2008 of the attached auction service
contract between the City of Richfield and Auction Broadcasting
Company of Minneapolis for auctioning forfeited vehicles from
Public Safety/Police.
· There were no changes in fee amounts from 2006.
I II. BACKGROUND I
The City currently has a contra'ct with the Auction Broadcasting Company
(hereinafter referred to as "ABC"), to transport, store, repair, maintain and sell its
forfeiture vehicles. "ABC" was awarded the contract for the past year and would like
to renew the contract for the year 2007/2008 as the contract expires on April 9,
2007.
0313 ABC Forfeiture Vehicles Auction Contract Renewal
ABC's performance during the contract period was satisfactory. They auction
forfeiture vehicles for many cities, including the City of Bloomington.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. "ABC" notified the City that they wish to renew the contract.
. The Public Safety Department wishes to renew the contract with
"ABC."
. The contract has numerous conditions that must be met. "ABC" is a
reputable, established auction company that meets all contract
requirements.
I B. CRITICAL ISSUES I
. A 3D-day written notice must be given either party to terminate the
contract.
. Public Safety must have a company to store and auction forfeited
vehicles on April 9, 2007.
. Adequate space is not available in the City to store forfeited vehicles.
I C. FINANCIAL I
. The current contract with "ABC" reflects rates from 2007/2008.
. Public Safety receives monies from the sale of forfeited vehicles after
appropriate fees are taken out.
I D. LEGAL I
. The City Attorney has reviewed and approved the past contract with
"ABC."
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Do not sign the contract; however, Public Safety would need to find other
means to auction forfeited vehicles.
I V. ATTACHMENTS
. "ABC" contract.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None
3 f--I
AGREEMENT BETWEEN THE CITY OF RICHFIELD
AND AUCTION BROADCASTING COMPANY MINNEAPOLIS
THIS AGREEMENT is made and entered into this 8th day of April, 2007 by and
between the City of Richfield, a Minnesota municipal corporation located at 6700 Portland
Ave. S., Richfield, Minnesota 55423 (hereinafter referred to as the "City"), and Auction
Broadcasting Company Minneapolis, a limited, liability corporation with its principle
business offices located at 18270 Territorial Road, Dayton, Minnesota 55369 (hereinafter
referred to as "ABC").
WITNESSETH
WHEREAS, the City comes into possession of and is authorized to retain various
motor vehicles which are identified as potentially being subject to forfeiture or other civil
processes under the laws of the State of Minnesota as a result of their having been used in
the connection with a criminal act (hereinafter referred to as "Forfeiture Vehicles") and
upon successful completion of the forfeiture or civil process the City is authorized to
dispose of said vehicles in accordance with Section 315 of the Richfield City Code; and
WHEREAS, ABC represents that it has the professional expertise and knowledge to
perform its duties as an automobile dealer, and is licensed by the State of Minnesota in
that capacity; and
WHEREAS, the City desires to hire ABC to transport, store, repair, maintain and
sell its Forfeiture Vehicles;
NOW, THEREFORE, in consideration of the terms and conditions expressed
herein, the parties agree as follows:
I. TERM OF AGREEMENT
The term of this Agreement shall begin April 9, 2007 and shall continue until April 9,
2008, subject to termination as provided in Article IV.
II. DUTIES OF ABC
A. Upon specific authorization from the City, ABC agrees to drive or transport
those vehicles identified by the City as one of its Forfeiture Vehicles to a secure location to
be determined and managed by ABC.
3f/~
B. Upon receipt of a City Forfeiture Vehicle, ABC accepts full responsibility for it
and agrees to exercise due diligence in its care, maintenance and storage of said vehicle
until the time that it is sold or released; so as to avoid waste and obtain a reasonable sale
price at auction.
C. Upon specific authorization from the City, ABC agrees to perform such minor
repair work on the City's Forfeiture Vehicles so as to prepare them for auction and
maximize the City's return at auction, but in no event shall such repair work exceed the
cost of TWO HUNDRED AND NO/100 DOLLARS ($200.00) without prior, written
authorization by the Richfield City Manager or his/her designee.
D. Upon specific authorization from the City, ABC agrees to release the City's
Forfeiture Vehicles prior to auction on such terms and conditions as the City may direct.
E. ABC agrees to box and store personal property that is not affixed to, but
located within, the City's Forfeiture vehicles and upon specific authorization from the City
to release such property on such terms and conditions as the City may direct.
F. Upon specific authorization from the City, ABC agrees to promptly sell the
City's Forfeiture Vehicles in a commercially reasonable manner by an open and
competitive automobile dealer or salvage auction.
G. ABC agrees to defend, indemnify and hold harmless the City, its officials,
employees and agents from any and all claims, causes of action, lawsuits, damages,
losses, or expenses, including attorney fees, arising out of or resulting from ABC's
(including its officials, agents or employees) performance of the duties required under this
Agreement, provided that any such claim, damage, loss or expense is attributable to bodily
injury, sickness, diseases or death or to injury to or destruction of property including the
loss of use resulting therefrom and is caused in whole or in part by any negligent act or
omission or willful misconduct of ABC.
H. During the term of this Agreement ABC agrees to maintain general
comprehensive liability insurance in the amount of $1,000,000 for any damage to property,
theft, loss or other claims as a result of ABC's negligence or malfeasance in performing
this Agreement. In addition, ABC agrees to maintain such motor vehicle liability insurance
as required by state and federal laws.
3f/o
I. ABC shall be licensed and bonded in the State of Minnesota t6 perform its
duties under this Agreement and shall provide a certificate of licensure, bonding and
insurance to the City.
J. ABC agrees to comply with all applicable local, state and federal laws, rules
and regulations in the performance of the duties of this Agreement.
K. It is agreed that nothing herein contained is intended or should be construed
in any manner as creating or establishing the relationship of copartners between the
parties hereto or as constituting ABC's staff as the agents, representatives o.r employees
of the City for any purpose in any manner whatsoever. ABC and its staff are to be and
shall remain an independent contractor with respect to all services performed under this
Agreement. ABC represents that it has, or will secure at its own expense, all personnel
required in performing services under this Agreement. Any and all personnel of ABC or
other persons, while engaged in the performance of any work or services required by ABC
under this Agreement, shall have no contractual relationship with the City and shall not be
considered employees of the City, and any and all claims that mayor might arise under the
Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other
persons while so engaged, and any and all claims whatsoever on behalf of any such
person or personnel arising out of employment or alleged employment including, without
limitation, claims of discrimination against ABC, its officers, agents, contractors or
employees shall in no way be the responsibility of the City; and ABC shall defend,
indemnify and hold the City, its officers, agents and employees harmless from any and all
such claims regardless of any determination of any pertinent tribunal, agency, board,
commission or court. Such personnel or other persons shall not require nor be entitled to
any compensation, rights or benefits of any kind whatsoever from the City, including,
without limitation, tenure rights, medical and hospital care, sick and vacation leave,
Workers' Compensation, Unemployment Compensation, disability, severance pay and
PERA.
L. The books, records, documents, and accounting procedures of the
Contractor, relevant to this Agreement, are subject to examination by the City, and either
the legislative or state auditor as appropriate, pursuant to Minnesota Statutes, Section
16C.05, Subdivision 5.
3 t - J-/
M. ABC agrees to comply with the Americans with Disabilities Act (ADA),
Section 504 of the Rehabilitation Act of 1973 and not discriminate on the basis of disability
in the admission or access to, or treatment of employment in its services, programs, or
activities. ABC agrees to hold harmless and indemnify the City from, costs, including but
not limited to damages, attorney's fees and staff time, in any action or proceeding brought
alleging a violation of ADA and/or Section 504 caused by the ABC. Upon request,
accommodation will be provided to allow individuals with disabilities to participate in all
services, programs and activities. The City has designated coordinators to facilitate
compliance with the Americans With Disabilities Act of 1990, as required by Section
35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with
Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S.
Department of Housing and Urban Development regulations.
N. The Contractor will comply with all applicable provisions of the Minnesota
Government Data Practices Act, Chapter 13 of the Minnesota Statutes.
O. Any Forfeiture" Vehicles which ABC has been authorized and directed to sell
but was unable to under the terms of this Agreement shall be returned to the City at a site
designated by it as soon as reasonably practicable but in no event more than sixty (60)
days from the occurrence of the event making sale under this Agreement impossible.
III. DUTIES OF THE CITY
A. The City shall consign specifically identified Forfeiture Vehicles to ABC to
sell to the highest bidder at public dealer or salvage auctions.
B. The City shall certify that it has good title and right to sell those of its
Forfeiture Vehicles which it directs and specifically authorizes ABC to sell at public dealer
or salvage auctions and shall provide and deliver merchantable title to the purchaser upon
notification from ABC.
C. The City shall defend, indemnify and hold harmless the ABC, its officials,
employees and agents, from any and all claims, causes of action, lawsuits, damages,
losses or expenses, including attorney fees, arising out of or resulting from the City's
performance of the duties required under this Agreement, provided that any such claim,
damages, loss or expense is attributable to bodily injury, sickness, diseases or death or to
injury to or destruction of property including the loss of use resulting therefrom and is
caused in whole or in part by any negligent act or omission or willful misconduct of City.
/'
3t--6
D. The City shall pay to ABC the following amounts as and for its services
properly authorized and provided pursuant to this Agreement:
1. Transportation of an operable Forfeiture Vehicle to or from the City of Richfield to
ABC's designated storage site: $45.00.
2. Tow of an inoperable Forfeiture Vehicle (tow or trailer) to or from the City of Richfield to
ABC's designated storage site: $85.00.
3. Basic cleaning of a Forfeiture Vehicle: $35.00.
4. Complete detail of a Forfeiture Vehicle (vacuum and shampoo carpets, detail interior,
etc.): $85.00.
5. Repair of a Forfeiture Vehicle prior to auction: Shop Rates.
6. Sale by auction of a Forfeiture Vehicle: $110.00.
7. Release of a Forfeiture Vehicle prior to auction: $50.00 redemption, fee plus any
charges (Le., transportation).
8. Storage fee if car is not sold within 90 days: $3.00Jday.
9. Inventory fee for release of personal property: $25.00.
IV. TERMINATION
Either party may terminate this Agreement for any reason upon thirty (30) days
advance written notice to the other party. The City reserves the right to cancel this.
Agreement at any time in event of default or violation by ABC of any provision of this
Agreement. The City may take whatever action at law or in equity that may appear
necessary or desirable to collect damages arising from a default or violation or to enforce
performance of this Agreement.
V. MISCELLANEOUS
A. Any material alterations, variations, modifications or waivers of provisions of
this Agreement shall be valid only when they have been reduced to writing as an
amendment to this Agreement and signed by both parties.
3 t" /P
B. This Agreement shall not be assignable except at the written consent of the
City.
C. This Agreement represents the entire Agreement between ABC and the City
and supersedes and cancels any and all prior agreements or proposals, written or oral,
between the parties relating to the subject matter hereof; and amendments, addenda,
alterations" or modifications to the terms and conditions of this Agreement shall be in
writing and signed by both parties.
D. The parties agree to comply with the Minnesota State Human Rights Act,
Minnesota Statutes, Section 363.
E. The parties hereto agree to comply with Section 504 of the Rehabilitation Act
of 1973/31 CFR Part 51. This Act states in part that, ".. .all recipients of federal funds,
whether in the form of a grant or a contract, review, and if necessary modify, their
programs and activities so that discrimination based on handicap is eliminated."
F. The terms and conditions of this Agreement shall be binding on ABC's
successors and assigns and to the extent any assignee of ABC.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed the day and year first above written.
CITY OF RICHFIELD
DATED:
BY:
Its Mayor
DATED:
BY:
Its Manager
AUCTION BROADCASTING COMPANY
MINNEAPOLIS
DATED:
BY:
Its
AGENDASECTION:PUBLIC HEARING
AGENDA ITEM # 5
REpORT # 76
.......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
MARCH 13, 2007
REpORT PREPARED By:
CHRIS REGIS, FINANCE MANAGER
NAME, TITLE
COUNCIL PRESENTER:
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public hearing and second reading of proposed Franchise .Ordinance and Agreement with Xcel
Energy allowing and setting terms for Xcel Energy's use of the City right-of-way (Continued
from February 27,2007).
I. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion:
. Approve second reading of the Franchise Ordinance and
Agreement between the City of Richfield and Xcel Energy, and
. Approve the resolution authorizing summary publication of the
ordinance.
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 on the proposed
ordinance to establish new franchise terms with Xcel Energy.
. As a result of negotiations on the proposed franchise ordinance and
agreement not being completed in the planned timeframe, the City and
Xcel Energy entered into an agreement to extend the electric franchise
past the expiration date of March 31, 2007 to April 30, 2007.
. The agreement to extend the electric franchise agreement was approved
by the City Council on February 27, 2007.
. The public hearing and second reading of the proposed ordinance
scheduled for February 27,2007 were continued to March 13, 2007.
In addition to granting Xcel Energy the right to use City controlled right-of-
way (ROW) for the installation, maintenance and repair of electric
0327Electric Franchise
distribution facilities, the agreement spells out the rights and
responsibilities incurred by each of the parties to the agreement.
. As with the previous agreement, the new agreement allows the City to
impose franchise fees.
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.
. Xcel Energy has had the opportunity to review and comment on this
agreement. Xcel Energy's staff has indicated that the company will
accept the current language and will execute the agreement as is.
lB. CRITICAL ISSUES I
. Other than the need to replace the existing and soon-to-be-expired
Franchise Agreement, there appears to be no critical issues
surrounding this ordinance approval.
I C. FINANCIAL I
. As proposed, this ordinance will not increase the cost of electric
service to Richfield residents.
I IV.
I D. LEGAL I
. Attorney James Strommen of Kennedy and Graven has been a part
of the staff team that drafted this agreement and held meetings with
City staff and representatives of Xcel Energy.
. Legal notice for the public hearing and second reading was
published in the Sun Current on February 1,2007.
ALTERNATIVE RECOMMENDATION(S) I
. Council could decline to approve this ordinance and agreement, but it is
advisable to have such an agreement in place as it provides the basis for
the ongoing relationship between Xcel Energy and the City of Richfield.
ATTACHMENTS
. Ordinance and Agreement
. Resolution
IV.
PRINCIPAL PARTIES EXPECTED AT I
MEETING
. A representative of from Xcel Energy.
I VI.
0327Electric Franchise
5/1
ELECTRIC FRANCIDSE 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 FURNISIDNG 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, lightiJ'lg, 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 corporatioJ'l, d/b/a Xcel
Energy, its successors and assigns including all successors or assignees that own or operate any
part or parts of the 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.
6/ :J-
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. ~ 237.162
subd. 3.
SECTION 2. ADOPTION OF FRANCmSE.
2.1 Grant of Franchise. City hereby grants Company, for a period of20 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 Exoense. 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 default 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
2
5/3
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 of the 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 dismpt 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
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'srequest, 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 Openin!!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 unpaved surfaces and two years on paved 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 material, and
3
5-,~J
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 designees. 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 Damaf!e 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 Imurovements 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, (ill) the extent of the improvements, (iv) the time when the City
will start the work, and (v) if more 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 Mauumf! 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 law.
4
&/s
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 Fundin1!. 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 ofMimlesota 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 orre~a1igned 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 hannless 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.
5
5/lp
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 of the rights and obligations of the City provided in this Ordinance.
SECTION 9. FRANCHISE FEE.
9.1 Senarate Ordinance. During the term of the franchise hereby granted, and in
lieu of any permit or other fees being imposed on the Company, the City may impose on the
Company a franchise fee of not more than five percent of the Company's gross revenues as
hereinafter defined. Such franchise fee shall initially be equal to the amounts indicated in the
Fee Schedule set forth in franchise fee Ordinance No. 2005-14. Any franchise fee shall be
imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be
adopted until at least 60 days after written notice enclosing such proposed ordinance has been
served upon the Company by certified mail. The fee shall not become effective until at least 60
days after written notice enclosing such adopted ordinance has been served upon the Company
by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between
Company and the City in regard to the interpretation of, or enforcement of, the separate
ordinance. A separate ordinance which imposes a lesser franchise fee on the residential class of
customers shall not be effective against Company unless the fee imposed on each other customer
classification is reduced proportionately in the same or greater amount per class as the reduction
represented by the lesser fee on the residential class.
6
5/1
9.2 Terms Def'med. The term "gross revenues" means all sums, excluding any
surcharge or similar addition to the Company's charges to, customers for the purpose of
reimbursing the Company for the cost resulting from the franchise fee, received by the Company
from the sale of electricity to its retail customers within the corporate limits of the City.
9.3 Collection of the Fee. The franchise fee shall be payable not less often than
quarterly, and shall be based on the amount collected by the Company during complete billing
months during the period for which payment is to be made by imposing a surcharge equal to the
designated franchise fee for the applicable customer classification in all customer billings for
electric service in each class. The payment shall be due the last business day of the month
following the period for which payment is made. The percent fee may be changed by ordinance
from time to time, however, each change shall meet the same notice requirements and the
percentage may not be changed more often than annually. No franchise fee shall be payable by
Company if Company is legally unable to first collect an amount equal to the franchise fee from
its customers in each applicable class of customers by imposing a surcharge in Company's
applicable rates for electric service. The Company may pay the City the fee based upon the
surcharge billed subject to subsequent reductions to account for uncollectibles, customer refunds
and correction of erroneous billings. The time and manner of collecting the franchise fee is
subject to the approval of the Public Utilities Commission, which the Company agrees to use
best efforts to obtain. The Company agrees to make its gross revenues records available for
inspection by the City at reasonable times, provided that the City and its designated
representative agree in writing not to disclose any information which would indicate the amount
paid by any identifiable customer or customers or any other information regarding identified
customers.
9.4 Conditions on the Fee. The separate ordinance imposing the fee shall not be
effective against the Company unless it lawfully imposes and the City quarterly or more often
Collects a fee or tax of the same or greater equivalent amount on the receipts from sales of
energy within the City by any other energy supplier, provided that, as to such a supplier, the City
has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent
amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee
from each similar customer, or by comparing, as to similar customers the percentage of the
annual bill represented by the amount collected for franchise fee purposes. The franchise fee or
tax shall be applicable to energy sales for any energy use related to heating, cooling, or lighting,
as well as to the supply of energy needed to run machinery and appliances, but shall not apply to
energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents
in writing to a franchise or separate ordinance collecting or failing to collect a fee from another
energy supplier in contravention of this section 9.4, the foregoing conditions will be waived to
the extent of such written consent. Notwithstanding the foregoing equivalent fee requirement,
City retains the right to determine a franchise fee structure that is a reasonably equivalent fee.
7
b/B
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 of the amendatory ordinance.
SECTION 12. PREVIOUS FRANCHISES SUPERSEDED.
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 into this franchise ordinance.
Passed and approved:
Mayor of the City of Richfield, Minnesota
Attest:
City Clerk, Richfield, Minnesota
8
6/1
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 INHABITANTS,
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/A Xcel 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 13th day of
March 2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
0327Electric Franchise
AGENDA SECTION:
AGENDA ITEM #
REpORT #
PHRT,Tr. HF.ARTN~
n
77
........
STAFF REpORT
RICHFIELD
,
CITY COUNCIL MEETING
MARCH 13, 2007
REpORT PREPARED By:
MELISSA POEHLMAN, PLANNING &
ZONING ADMINISTRATOR
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
o
REVIEWED BY CITY
MANAGER:
17
ITEM FOR COUNCIL CONSIDERATION:
Public hearing regarding a request for an amendment to a conditional use permit for the co-
location of telecommunication equipment on an existing tower and the installation of accessory
equipment at ground level.
1. RECOMMENDED ACTION:
Conduct and close a public hearing and by motion: Recommend
approval of an amendment to a conditional use permit to allow the co-
location of telecommunication equipment on an existing CWTS tower
and the installation of accessory equipment at ground level at 6244
Cedar Avenue.
I II. BACKGROUND I
On July 14, 1997 the City Council unanimously approved a conditional use permit to
allow the construction of a 90-foot steel telecommunication tower and a ground level
equipment pad at 6244 Cedar Avenue. This conditional use permit was amended
on February 14, 2000 to allow an extension of the tower from 90 to 105-feet. At the
time, three sets of U.S. West antennas were located on the tower. The added
height allowed for additional co-locations and avoided the need to construct a new
031307 - ACUP 6244 Cedar co-location
tower. A 300-square foot equipment shelter matching the principal building was
also constructed to house related ground equipment.
T-Mobile is requesting an amendment to the conditional use permit to allow the co-
location of antenna facilities on the existing tower and to place related ground
equipment at the base of the tower.
The Planning Commission unanimously recommended approval of this request on
February 26, 2007.
I III. BASIS OF RECOMMENDA nON I
I A. POLICY I
. Commercial Wireless Telecommunication Service (CWTS) towers and
related features are a conditional use in the C-2 District. The findings
necessary to issue a CUP (546.05, subd.6) are as follows:
a) The proposed use is consistent with the goals, policies, and objectives
of the City's Comprehensive Plan. This requirement is met. The
Comprehensive Plan designates this site for public utility use.
b) The proposed use is consistent with any officially adopted
redevelopment plans or urban design guidelines. This requirement
does not apply.
c) Theproposed use is or will be in compliance with the performance
standards specified in Section 541 of this code. This requirement is
met.
d) The proposed use will not have undue adverse impacts on
governmental facilities, utilities, services, or existing or proposed
improvements. This requirement is met.
e) The use will not have undue adverse impacts on the public health,
safety, or welfare. This requirement is met.
f) There is a public need for such use at the proposed location. This
requirement is met.
g) The proposed use meets or will meet all the specific conditions set by
this code for the granting of such conditional use permit. This
requirement is met. See below.
CWTS towers and related features are conditional uses in the C-2 District, as
specified in Section 526.27, Subdivision 29 of the Zoning Code. This Section
requires conformance with Section 426 of the City Code. Section 426
requires that CWTS towers and related equipment meet the following
requirements:
1. In the C-2 District, CWTS towers and related equipment shall be allowed
in the rear yard. This requirement is met.
2. In the C-2 District, CWTS towers and related equipment shall meet the
setback requirements for an accessory structure in the underlvino district.
This requirement is met.
3. The use site shall not be located within 300-feet of the grounds of a
school. church. or hospital. This requirement is met.
4. CWTS towers must be set back from residential uses a distance equal to
1.5 times the height of the tower (158-feet for a 1 05-foot tower). This
requirement is met.
5. The maximum heiqht a CWTS towers may not exceed 150-feet. This"
requirement is met.
6. No siqnaqe is permitted on CWTS towers. This requirement is met.
7. CWTS towers and related antennas shall not be Iiqhted unless it is
required by the Federal Aviation Administration or other federal or state
authority. This requirement is met.
8. CWTS towers exceedinq 75~feet in heiqht shall be desiqned to
accommodate the owner's antennas and at least one additional user.
Shared use of existinq towers shall be preferred to the construction of a
new tower. This requirement is met.
9. Accessory buildinqs and equipment shall be architecturally desiqned to
in with the surroundinq environment and shall meet the minimum setback
requirements of the applicable zoninq district. This requirement is met.
Ground equipment cabinets are weather and tamper-proof therefore do
not require security fencing. Plantings shall be used to screen ground-
based equipment.
I B. CRITICAL ISSUES I
. The proposed co-location of telecommunication equipment is in keeping
with the City's preference for shared use of existing towers, rather than
the construction of additional structures.
. The request meets all applicable City and Zoning code requirements.
. The ground level equipment cabinets are weather-and tamper-proof and
therefore do not require a security fence. Visual screening from the
adjacent park will be provided using vegetation.
. Review by the Metropolitan Airports Commission is not required because
there will be no increase in height.
I C. FINANCIAL I
. The required fee for an amendment to a conditional use permit has been
paid.
I D. LEGAL I
. 60-DA Y RULE: 60 day clock 'started' when complete application was
received on January 11, 2007. Due to publication and notification
requirements and scheduled meeting dates, it was not possible for the
City to issue a decision by the March 12, 2007 deadline. On January 11,
2007 a notice of extension was sentto the applicant. A decision must be
given to the applicant by May 11, 2007, OR the Council must request
authorization from the applicant to extend the deadline an additional 60
days.
. NOTIFICATION: Notification of this hearing was provided in accordance
with City and State requirements.
I IV. ALTERNATIVE REcOMMENDATION(S) I
. Deny the proposed amendment with a finding that the proposed use would have
an adverse impact on surrounding properties or the City as a whole.
I V. ATTACHMENTS
. Resolution
. Proposed plans
. Planning & zoning maps
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. Paul Harrington, T-Mobile representative
~-I
RESOLUTION NO.
RESOLUTION APPROVING AN
AMENDMENT TO A CONDITIONAL USE PERMIT
TO ALLOW THE CO-LOCATION OF TELECOMMUNICATIONS
EQUIPMENT ON AN EXISTING COMMERCIAL WIRELESS TELECOMMUNICATION
SERVICE (CWTS) TOWER AND THE
INSTALLATION OF ACCESSORY EQUIPMENT AT GROUND LEVEL
AT 6244 CEDAR AVENUE
WHEREAS, an application has been filed with the City of Richfield which requests
an amendment to a conditional use permit to allow the co-location of antenna facilities on
the existing monopole structure and the installation of related ground-based equipment at
6244 Cedar Avenue, legally described as:
Commencing at the Northeast corner of Tract B of Registered Land Survey No. 930,
thence Westerly along the North line thereof to a point 118 feet East of said
Northeast corner as measured at right angles from the Westerly line thereof, thence
South parallel with said Westerly line thereof and its extension Southerly to a point
24 feet South from the North line of Block 3, Iverson's 3rd Addition, thence East
parallel with the North line thereof to the Southerly extension of the East line of
Tract B of Registered Land Survey No. 930, thence North to the point of beginning,
excepting existing roads and easements, Hennepin County, Minnesota.
WHEREAS, the Planning Commission of the City of Richfield has recommended
approval of this requested amended conditional use permit at 6244 Cedar Avenue at its
February 26, 2007 meeting; and
WHEREAS, this requested amended conditional use permit at 6244 Cedar Avenue
meets the requirements necessary for amending a conditional use permit as specified in
Richfield's Zoning Code, Section 546.05; and
WHEREAS, this requested amended conditional use permit at 6244 Cedar Avenue
meets the requirements necessary for issuing a conditional use permit for CWTS tower
and related features as specified in Richfield's Zoning Code, Section 526.27, Subd.29; and
WHEREAS, the City has fully considered the request for approval of the
amendment to the conditional use permit;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. An amended conditional use permit is issued to allow the co-location of antenna
facilities on the existing monopole and the installation of related ground-based
equipment, as described in City Council Letter No. , on the Subject
Property legally described above.
2. This amended conditional use permit at 6244 Cedar Avenue is subject to the
following conditions in addition to those specified in Section 526.27, Subd. 29 of
the City's Zoning Ordinance:
. That the recipient of this conditional use permit record this Resolution with the County,
pursuant to Minnesota Statutes Section 462.36, Subd. 1 and the City's Zoning
Ordinance Section 546.05, Subd. 7.
031307 - ACUP 6244 Cedar co-location
h/"~
3. The amended conditional use permit shall remain in effect for so long as
conditions regulating it are observed, and the conditional use permit shall expire
if normal operation of the use has been discontinued for 12 or more months, as
required by the City's Zoning Ordinance, Section 546.05, Subd. 9.
Adopted by the City Council of the City of Richfield, Minnesota this 13th day of
March, 2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
I I I I I ~II !" ji: ;;; ji: jO
1\ 1\ 1\ \ \ \ 1111 ~!: ,~~ ~.(: ~\~ I~~;;;;;;~;;;~; II~ (") ~!i1~~n~ ~~~ ~~I~~ ~~I~I~ !iI~t!l;~I~ ~
1 \1 \1 \ Z e~ Uiii!il 0 !iI~ l~~~ !alll ~~ I~ .a ~e~ ~jjj~P ~ ~
~iJllj~mliiml~ ~ ~VI ~~~ia~1 ~~ im o~ I !3~~ ~~t!l~~ ~
I ~~~FF ~~~ f~ i ~ ~~;z~~~ ~~ ~~~m~ ~~~~I ~~I~~~
. 'I: ~ ~ I~ "i M ~1~lmlinu~ ': ~ 'I~JI;:; !i~ ~;ill ;~aI5 :;;l~!
'.~ <:\ "~~ ~ 5i!~l~~idl'~';~ Ul ~~~II. 1.1 al~i i'i.~ ~.id.
I ~1l1 (5 ~i r= z ~jJlo~c:el~~!i\.;S~~~ ll~ -I . :;!i~ifll!", ('I~~ ~[!I ~~i!llili iliaiilB~~
~ m~ Z:~ 0 It~d i I I; t. ~ m5~'~~". "15 I~'.. ~;::.i
I;I!! il~ ~ll i ~ ~ ~Iill~ I~ ImJ i~J~i i~;'I~
i ,'~' I I ~ g - 1 I Ul :I~ ~ 'j I~'i ~l.~~ .;~i'~
I Ii il 1 ~ ~ : !i\~ffi! ~ III ""III ;~~~~
; ~ ! ~ ~ ~ I ~ I ~ ~ i ~ ~ ~ ~ ! ! ~ ~ - ; III ~ i i ~ ~ ~ i i ~ ~ ~ ! ! I ~ I ~ ~~
I r i I i ~ I H i ~ ' W Ii I ~ ~ I m i ! 1'1 U ~ i ii~
a i ~~i~~il i~ ~ a I m!i'i~~l i~ ~ ~
~ ~:!I~~ ~ ~ ~ )~l~~~ i\! ~
8 I a ; ~ ~ ~ ~ ~ ~ ; ~ a ~ ~ ~ g i i go
~ ! I g ; ~ ! I ~ ~ ~~
~ ~!:l !I! z I~
~UIi~mIUmiBli!; $IIIIUiIU~mUIH! ~ Ii ~
11111111111111111111I ~lllllllllllllilllll! I:
; I ~ ; 8 ~ ~ ! i ~ ~ ~ ~ ! l! 8 ~ _ 8 I ~ ~ a II ~ ~ ~ i i ~ ~ ~ ! ! ~ ~ ~!! ~.
~ ~ ! ~ ~ ~ ~ i .. ~ f ~ ; i ~ ~ ~ ~ ~ ~ R f ~ I i ~ ~ j il ; J ~ ; ~~:g
~ 0 ~ i I ~ I ~ ~ ~ i ~ i ~ ~ II i I ~I ~ ~ ~R i ~ ii ~
~ I ~ ~ ~i i ~ ~ = ~ ~ I ) 'iil :!I i~ ~ l ~ I ~ ig~
'" "'''' 8 51 ~ ",~;ll 8 ~ ;! o:E
~ ~ ~ ~ g ~:u ~ ~ a ~ 1< g !I!? !i\~
~ ~ I ~ ~ ! I ~. i~
iIHliluumm!~. 1IIIIWIUmUili!;.1
~IIIIIIIIIIIIIIII! $1111111111111111111
m!', m'l. m; !fli!
~ ;~ ! ;1 ..~~ ..
"mi.m! ~ii ~m~.;g
i ~
(")
-i
.
~
.
.
~~
~ 0
~c:r
~ .....
.........
(D
~
~ E:3 -.
>-3
!~I!:;II;~
. ~li1~aoh~~
~~~:im~h
"'1lI11l2 g!j!:l!!i
~!i\~~If:cflli
~!2~=ljlri!!il~
i;i:iii!l
~~J!1l~~g~~
=l~(;~:!I~;!~~
"I ~i:~I!ilmg;
~
I I I ~a.-
B tail!"
I f!i!
fgi~
!l.a~ !F
...~ ll.
f.t a!F
enC"'.
!UI
~.
n~l
ii~
-If
I ;s.
I
a
o
5
o
, Ii
r f
Ii
i :::l i
2 ~ pi
~
i ~
a I I i~1 I
o , !t !t i!!t Ii
5 f ~
o
555 5
~
I ~
I ~
a
oi
! !! m
o li 2!N
I !tt
B ~~
~ p~
"0 ~
~ ~ ~~
2 cp Gl~
-f ~ITI
~... :l"!'l
..
"
.t
o
...
1:
~
l-:l
"0
:JJ
~ :JJ
m (5
(") :I:
-f 'TI
Z ii'i
'TI r-
9>':'
l/O=Oo
""'::e
m"'m
ZOl
m en
:JJ -f
> al;;
r- z
z .....
o .....
-f U1
m
Ul
IIJ'IJtDa DMWlNGISI ~
PLOTTED: 11/12/02 0 14:37
.
1/1"1111111111111111111111111111111111111 1/4..1 I I I I 1 I I 1 I I 1 I II I 3/1"1
RfDUCEDPRlNTSCALES . 4 . II II .. It . . .. 4 . . II 11 II tI 'I
I · ... n
-;. ~ ~ ::: p!ll P:"I pi pi .,. ~ t' :a
a~i~ ~~~~~~~ 1!iI~~ !i\~!i\~~ m~~ ~~~ ~~I;a.; ~~~ I;I~I~ lil!~ II~~~!~ ~~I~~ .i~i~ ;Im~~
~~~~ a:;!~g ~~ a~~~ ~~~~I i~1 ~~I ~s .;~ ~~I ~~ ~~I ~ ~~~ :;~~~I Ra!11 ~~~I ii~~1
!~!; ~~~~i;1 :!~~ ml;~ ji ~~ i~~~i;:1 ;;~~~ :I:;~ 1.li~ :~!. I:; :~,!.
ili; ~~ia~;; ~il~ II!~. ;; Ii! il:l~i 15: ~l~~~i i~I~! :;ilii la!: a~i~ i!i::
2 :;!;! ~11l1~~ ~ ~zl ~:~~ ~~ :;!'" ~~ ~~~ a~~ ~a~~J~ i~i~~ ~ii la 11l1~~ lai~ iOi>~
i;ii li!i!l! ~!: !I:I :1 ;~I i;I~~~ !I;;~!;;; ~;ril il;il; ~I!i ~ii: :I";i~~
8!i1 i 8~~!a 8 i :;!!i\~~ :;!a ~ ~ ~~i ~~~ .c:~ ~ ~~ ~~ !i\~~~~ ~~~ ga ~ ~~
i~~ ~I~~~~ ~i~~ 8~:~ i~ ~~. ~I:;!%~ ~~3 I~~i~ ~~;:~ ~~a1l1~~ :~~I ~~~. ~~~~ Q
~~~ :~d~1 ...~ ~ ~liIi8 ~~ m~ ~o...m ~~~ J ! O!!!~!i1 1l1~~~~;!~ ~ ~ Ii! ~~ 1Ii JT1
!~~ !2~~; ~ ~ I~~~ ii ~~ z~ Za ; ~ ij ~i~ ja~ ~ I i~ ~
r
- !
i ~
m
e
iil
I I
i
.
~~~~~~j~~~~~~a~~~~~~~~~~~~~;P~~~~~i~~li~~~~~~
1~~I~~I~li!III~~~~I~~~lllli~la~I~III~I' I!I~~I~
~ ~ ~~~ ~ ~~ ~~~ a~ e .~ ~ ~ . m ~~Q
~ tsID Bi ~ ~~ .j!! ; ~~. . )>0 .
to
to
:::c
~~~"'<~~~~~~~~~;J!~~'li~"'~~fi~~l:!Qg~~~~. ... ~
~li~lilllll~~ll~~II~IIIII~IIII~!II<~
~i~; II"'~ I~I II ~1~~ill;i~l; ~
I ~ ~ ! ~ I ..~.i~~8
I! I
: I
. .11. .;1
I G ~
B ~
! I ~ ~ 1111111 'linn I II
I I I I I I I I t I I " I Ii
H R& ~ ~ ~ ~ Q S~~5G ~ ~
~"::'=''':J''=' ':::"..............:::--=:-::::o
- ------ ------
I !I~ 'hllll~lIlil~lll. !1!lhdll~I'
II 11i!1!1~1 I 'l'nll!lll~
; IlIlj!! Ii il hi!
! II I I I I I I i 1 J
I I ~ I . I ! I
," ~~>>>> !Is~ ~
on;;;;;;;; "'~ G:l ~ ~ !!I~i!
!~U~~ ;g ~~ i~~f ~
, :::::: t I ~ ~~I~ i
,: : : : :: , . J fTl J::!!li~,
~Iml ~.< ~f~! il~E ~
~li~1 ~ ii ~~~~!i' ;;
h~i ~: fTl ~~~I6
~~ ! c 0 !i!"""~ (5
st. .~ ~ z ~!!ij;;s ... z
, ~.~ fTl .l!ialll VI
t . ~ 0 ~jia
~ , CI ~ !~~
r ~81
I i
i.
ll~
1\18
~ ~~ ~
.:V II ~
-I:
. ... ~
.. II.
... ~ ill!:!
.. B
l
.
... _ PIll1' IC:N.D
-...... 1 .. .,.
,.tpl..----
, .
I 4 .. II
I
o
II
II
II
II
II
o
C
t--..t
~ ;j
CD
II
@)
111M AVE S
i j ~
~IN~ ~s ,
_M. *- ~
~
-
::l
"-
)
~;;:1'
i~5
~~E
I~~
i!ir;j?;
~0~
i i ;1
i I
I..t..___~,
.
..
-
...
-
...
-
co
..
..
-
(i)
..
5
(")
z
:::j
-<
~
)>0
"'0_
~III
~~
~r,I
..
"'0
q :::c
K ~f-
~ JT1
(")
-I
o
)>0
-I
)>0
~ -
...
~
i:
I--~ -- f-- r-r------ """""'"- - - L__~~ ~
III :. i ~ I' '\ " " " " " " " "" "" "'\'\ L .:I~, ~'"
"'" " ,,~ " '\ '\ -
I ~ "-,". i........ ~ " ~ ~ I "'
~..:I :, I ~ ~r ~\ !i1~~ I 0 II ~
III ,.... I I ~i J~I
~, ,or, : '" " ~ '\ :
D' 'I '\ '\.
II di L~! ~ . '\'\ '\'\ ~ r I~
: A 11!f .I\.~"''\'\' l~'\"",,,,,,,,'\ :i
L l7" ~ '" \ ---------u
----~-1; Ji i ~--liI-----..,-""-----
?~ ~ ~ u ~~ ~I i !i1~
i~ n =11 ~ Ii ~
.J. ~i. ~
~.
.J.
=~l
(j)s
-
..
-
..
-
..
...
"'
-
to
.
r-
-
...
-
to
I -. - - - '.1 ~
\----.'
Dl\':lC JHIlW CD:IIIGJI Y
r
~
Hlnos 3nN3AV ~va30
123.95'
nr
lJ
133.11'
I
a . .
. . . I I 1 l.IIr
1\ .. 1 I ' I I I I
I 1 I
~
u . .. I .
jl I j' I r I j' I i I j ,I I 1 II I I 1.>11
I
II ...... 1\ . . i U1\':lS !H1IId IIJ:lnCDlI
ill I ill I ill 11I11 11111 11111 11111 III II .II.
L
\
:01il0ld
It:MHIOIIl -....0 -....
It)
,...
,...
z
:is
t; :z
WIO<
;:s:N..J
oo:c..
, ,... UJ
a<t:
..J en
W
n::
:I:
()
ii:
~,... l
~-
~
Ii:
:c
8
~
~
ui~ ,... i
~lil Co? ~
~~ ~ 8
'< a:; c.. Cl
:::s ,...
~- <
fil~ ;
uIL i
:t:~ i C
&jO:: 10 i
Lo
i~
~ ~ I
J
I I
I I
.
'"
I
f.1
{
o
1; l i
i i~i i ; ~
~ ~
HI ~ !i
~l~ I ~ i
I!U ,J j
!IJj II t ~
:filib. 0
1l ~"~ ~
:fi.t'~'ll I
tI~i ~
lej5 S
_Ed I J ~
~i"' ~e~i j
I ~~~!~,;~
~21~ ~~
:lI i ~g!Ji~
m~i~ ~~~~
l::da;"'~!il~15
~.!.IdO~:1~~g
bF~lc~
i~~~~~~:~
" I~~~~!ili
~~~;~I; ~I
I~b~~di~
e. 5 ..
Q) ~
~
,...-4 !Zl
~
,.o~
o ~
~~
.
.
~~
,~
~
.
.
I
I
I
ts
l!!
IrI
11\ \ \ \ \ \
IXI I
I I
~
m
~ ~
-;;,.
~ -
..
j
.
~
.
.
~
o
c:J
.....
~~
E:3 (D
t-3 ..
1~1!~;li~1
~~~~lil ~~:;!
~~~;~miii
;=i~I:~~;
r!~!~ii~~
ijlllij:l
:;<~i~~il;
~lila~lil"'~l
J 1 IlIi
flU
lr;l~
13 ~
!loao{
it~l
~[;!
aHg
;l~l
IHi
I fij
; ! !~! III
" ~
::0
m 0
z :x:
r- "TI
~ j!!
!;))>O
m....... .
0-00
~~::E
~cnm
m en
-0 ~
> ~
Z Z
...
...
(1J
,.. R!IlUCED PRINT SCIUS ''''.!' II !III! 111.llll .llll ~ III! III ~ Illlllll
..
III
i .,1'
~~Oi! ~
.; .~
~ I'
10. i ~
!@ :t
I ~
I
I
---- 1
---
:@
L__
gl' -l
~~ @ I
I
il ~I' I
lii !!! I
~f;j 0 I
~~ I
~ (' ~~ I
I
?Ds:- I
>!zg)
0%
lii'U I
I
I
I
I
~o I
I
6~~ I
~ggj I
;;j~
I
I
I
0, I
I
~~ I
~g,j
~~ J
~~ I
I
2~
ti~ I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
. IIIDUCIIl _ SCALD ~~
,.." ~ '
____I
f . .
. ... II. '
- _._ ~ I
.
1=
~
g,j
z
CO)
m
c:
!2
%
'U
''''.1 II.
1 I
I
~
- '-
_ ~~ ~NE
~CO)~
>!I~
'U
I~
~Ii I II
~'is: ~ !
~~~~ ~
I!~~ d P:D
~'I!!ii! ~
5!!ilj!;~ 0 I'
I
~
i-
~~
\:!
ggj
iBli
il'g
~!
po
III
"L
o
04
lEASE AREA
~
<~
-'~
-'
<(
_ 0
W
2
o
'W,
I- '"
~ <( "':2
- ~tn;~
I 0:: 2~
X!W ;:S~
~:c ~e:
~ CL 13:1
:l 0 z~
~0 ~~
N
-
'"
-
~
--
.,
..
-
'"
~
...
-
'"
=r:e 1
1 -- - - - ,..
~
~ ~ Id! tf I ~S !ti ~ ~ 15 l2i ~ ~ lW III ;
~ : =1212 ~ ~ ~ ~B ~ 'i I ~ ~ 15 !I~~ ~I Ii ~: ~!! ffi ~
I J i!q Id;; i~ t i ~ ~ ; !; Iii I. ;~ II b~! il
; ~~ I i~; iillll ~P! I ~ q ,iun :!~ ~~ I ~; H I~~P hi
~ F~ 5 :I~ ~ h; II ~ ~I :~ ~; i I ii ~ii~~: i* i I~ ! ~ ;i! ~, =
I :n!d lin ii dBI Ii ~ i i IUI! ,;~:lli ; ~!I ~ q;1 ! ~d
~Iii~, ~ 12&&1 ~ i,., ~ ~~ ~ '" ~ 0 c ~= ~i 12:!i~.. ~g ~ ~g I ~ iI!:~=)' h '<
~ ~12 i i~~;i ! ~iil I ~,~ pj =~ 1'< II ~ III ~ :>~ gj~ i~;~ ~= ~ ~ t m~~ ~ U ~
" g; i ~ In !i;!i f!h Ii i i! !I n ~; iJ I!i ~iin! I !i; ~ d II!!U ii ;
2: tf b d I ~~i~ ltI i ~I ~~ ~'i ~ ;= ~~ ~ (L .'~ .~~h I... ~ ~'I 0 13 III ~~: a~ ~ 2~ ~
W! ~ ,2 ii ~I~~ 12 ~ Iii ~~~ i ~~ ~a I ~ Ul, h ~lo I~ ~~I J!~ i~ : ~~ 2 ~ ~ !12 b ~iI!:! ~
~ ~ ~ --' .. t~1 i ~ i · ;j. . ~'II ~ · CJ .~ g~ ." ~~ ~~.I'I. IR~ CJ ~ I I~~ 'I · !< i
~ H ~ Ii ni!H !i~ ;n~;,i I! ~! I ~ ili n I; il~ i~~~ !! i ;~! i: filiI II ,Hi i
::s 12 12 0 I!I ~ ~.~ ~~ m ~ ~ ~~ I~~ I ~~ I~ ~ G CL ~ltI g ~ ~ a ~ ~ liib~ h ffi !I~i CL !~:.1 ~~ ~ef ~ i ~ i
I ~ ~ I ~5 ~ !5h ~~ ~ ~i ~~ . ~= m ~ :: : ~ I ~~ ~~ !~ ~h ~dS ~~ ~ !ii I ~ ~~ ~Ii ~~ ~ ~~ !
E ~ ~ I i, . · g,
~I ~~ ! ~ ~ ~ ~ il!:15
~~ ~~ '~ ~ I ~ ~ ~ iS~
ffil Ii : ~ ~ ~ ~ ~ w ~i~
~is I~ I ~ I ! t il I I!I
~~II
'\,'~,
~':~.::I '
D1YOS _ G:IOfllDII Y
f5
~ ~,
~ II I I
~ ! I I I
~ ~ I
W
-'
~ I
W I ~
I z ~ J I I
U !i ffi
Ul ~ ~
?i
~ ~
::s ~ ., I I I
CL l!:
I 8" I I I
,
A
~ ~~ :s:
~ !: ~
~ *i ~
1 ~ ""~,,~
~
~
~..
I
I
I
~
fg)
~I;i,~
ti5i5
~~g
o~
l:j) ::, fg)
o il ~~
-~ro'\\ r
@ il- ,~~ L
e- ~ ld11- -:J
~ 0
@I . I
I rn '-f-L IllI I
I Ii!. ~~ ~~ ~.J I '
@I / '{ I
I ~____\_::J 0
OJ'}IO
P ? ~rl ;
~ I~ ~
f ~..
~I g ~~~
~ !I I~~
I ~ I~!
g
n,~ '
Z~i1i
!!!:i~
~~J
- --
'('eI
~~i1i
~eI~
c
I
u
. ......nli.. t I' ........". t.
1.01. I I 1 1 I 1 I 1 I I 1 1 I 1 I 1 I 1 I.t/L 1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII.oIL mv:lS JHIIId m:Jna3ll
.
j' j'
I
d:
"Z.
2'
3
~
m
:J
0::
<~
:0.. .
i;I'
~..
.~.
':{
.1 '
I ~ I ~ t:i
i~ I III ~ ~ ~ i
"E ~ i !i ~ iil CI In
..~ I ~,~ ~ ~
~ ~ !W I ~ ~ m I ~
~- I iii I ~ ~ ~ N
~a,~ ~ ~ !I I ~!I , ~ ~i I
~: ~~ ! ~ ~ ~ ~ ~~~. .
'1:
.~
I
i I ii
~i ~ ; II'~
~ W q ~ ~ t
~ g: 5~ I ; ~~
'~ Ul i~ ~ ; I~
~ :J ~~ ~ 12"
~ I~ ~ : ~I
W i'ii~ ~ ~ iL
lL- ww ::E ,.,~
- r::E ~ li!15
2 1212 ~ I ~..
8 ~~~ ?;: ~ ~I~
I ~8i ~ ~ cd
\ .
,
~:"
( r;r..
\ ::: ~
" .
tl
~_I I
I HI" .tl: "
I! ~_
~ !5=~!l ~ ~ ~ ~ Ii
~~ ~i~~W ~ ;~ I ~ I 2 III a ~
~ ~ ~..F ~~ "E ~~ !,., ~ !i ~ Iii
~ I ~iI!:~ . ~~ ~~ w; ~ i'ii ~ ~ ~ ~
i~ ~:!i~ I; II ~iW ~ ! : ~ ~ ~ W
.~~ ~~I~ ~~ ~ ~~~ ~ ~ ~ ~ ~i ~
'~~
~-4
3-
W
o
I
~ ':";'
~
(...H
. ~~ ,,: .',
J ~ ", ','
",\In ill;:':'
"
./ ~:.
... il'.
~
.~
~
'03JlO1d
H:Mt-IOftL _.... ..........
to
,....
,....
z z
5E :'3
I- D..
IDeo"
3:~~
OD..D..
. ,.... <I:
0<1:0
..J en
!!! ~
~ :'3
o
[2
~,.... .
F-~
A:
:c
2:
~
~
lIi~ M ~
gm 9 ~
mw <0
~~ [~
~9 :;;:
Ww ;
UIL: 2
:I: "
~2; Cl
Ul~ i II
LCl
~ ~
i ~ I
~
!i !i !i !i
Cl
~ ~ II
II I; ii! I; I; l Cl
I loll I ! ~
l-~l ~ I
~ii I ~ i
Hd ,I 1
iu; JI t Cl
..~~tl l!
:Ii b.
I~~=
f;;j
.tolj! i
!ed J j I
~~"' m~~~ 1
S~ia~;~,;:
;~dIE~h
bi!g~~~~
i~Sil!:~~g~ffi
~;~~i~~~g
~~l2i~i~l';!
.'- ~~!~~!il~
~~~Ial~ ~a
i~b~tii;1
.. 5'"
~~
...-4 CZl
,..o~
o ~
:;s~
D
~
I
.
.
~
.
I
I
,
i!:
.
I \\\1\1\1\
Iln I I
I I
~
m
"
I ".~I i!
, S31W^ :;: HI" .n ; -
A.
I
..
- !
i ~
m
i
I i
I
>-
REDUCED PRINT SCAI!S 1/1"1111111111111111111111111111111111111
. 4 . U ,. . M . . .
I ·
114.1 I 1 I 1 II I I II II I 1 I I
. . .. ... . . " II ... t... II
. " n
>/I"j 1 I I 1 I 1 I 1 I... I I~
I a___
I I I I 11111 @~
1\\\\\\1
=e
1"'1
~ ~
.
~
.
.
a:: ~
~
Z
Z 0
tzj
~ r:::r
0
t::
rn ......
~ ~
(D
~ g;j ..
1-3
,m~~~~~i;1
fJd;~~b~~
~2 aq. III III
~~~~i~~h
~:i~l~a~~
~I ~Jl~~~!
!lJ,<B~iil~I~~
I~~~i~ ~~
!z ~ i I
I- ~iii
- :;<~~~q.~~
I ~i61m .. ~
i , I co.-
!Ui
iKl.l
I - II
I f~lj
a !l,oof[
0 fl!"il
~ s:
!i n~;;
0
, II !l.lH
~ ,. ~J~t
I j I h~i
~ ~ ~lll
I UI
I I I I ~ I I
a
0 I !t !t i1! !t II
!i ~
0
I I
~ ~
~
~
o
..
i
I ~ ~
, ~
a
D~
! !f;o'"
o li-'"
~ ~t
I:: :!lo
IS /TI~
> ?>
__ ;0
-c ~
~ -- z~
g I\,) Z/TI
;:J Ol /TIm
J;i I tile
> g/TI
~ -- >!'l
>
Z
-I
m
Z :II
~ C'5
Z ~
II iii
o ~
>>0
Z__ '
O-Co
-I--;:E
Ol\,)m
::iEClcn
m -I
:II s:
f!] ~
m __
< U1
>
-I
<5
Z
>-
:;
i
i:1
IIIJDIDICI DltA_ lIlilIHW:H
PlDTTED,
i
1"'1
~
1"'1
~
o
S:
~~
51
I
I
I
~ .
~
...
~
100'-0" lOP Of' EXlsnNG MONOPOLE
Bll'-e" r-MOBlLE NllEHNA, ell
II
-
@j a i'
J:
. I~I' ~! g
~
I::~ ~z l' ~~
/:J fi
~ l!! JJ=
lll;;
li~ ...
;/ ~L
..........,.,.....
c= . =+ ~~
~c= ==,r..... I 1 ]~i
L__ .............. ~ -v~
__--.J ~ -
~~
,
"
-
I' Ii i i "i
~! ! ~
li
IDiot ~I;; ~ I ~
o ClID ab ~
lil . ~
~..~: '":!Ii ~ ..
iii , J
~";8!l: ~
!E!~
F~ '\
c~~~
Iq. ,. ,
~
~
1"'1
Z
>
;:0
"
1"'1
C
1"'1
~
1"'1
~
is
z
!~J~~:;
1\----
!i~-e"""""'-:'
Y ..--'""""-=--=--=-
L____
I~-
~!!
~;~~
F~m'\
C"fa:;!
z .~~
~~
~
I I - li
~
, 'PI ~
I I I Ii ~
~
I I l{! ~
* g
II$,~I~
~ ~ ~
I I I
~
'"
u
~~
~
@j Ii
S@I' E~
'l/
..~ " " " " "
~""""'" ''''7' ,",' "...'''~
~
~
"
~
~
~
~
~
;!!
ill
~
~i
~i
~
~'
~'"
~ '1
,~ 91'
~ ~~
. .~ \;;
!IEi'
Ii
I~
~
~
~ I
______.J
..
f" '" ... :" ~
i~ p ~ ~ ~~ p~~ a.~ ~~~~~ p.
~~ ~!~~~ j! ~~~ ~~ i~~~i .
~~ ~aJ:a~ ~~ ~q.~ lii~ . ~a~~
~~ i~q.ai ~~ i~i liS Jmi~
~~ ~ J ~ ~ffi~!Jl s~ im~1
~m I ~II :~ I I ~f i~~i
~J: ~ ~ '!Jl~ ~. ~a ~ieili
~I ~ . ~ .~ ~ ~~. I'~~
~~ ~ i ~ ~~ ~ ~~ ~~18
~~ ~ ~ ~ ~B ~~I~
'" I: Z! l'i ~ ",a e
~iS ~ a iiI ~ ~:!]~li1
~~ ~ i ~ g ~~~i1i
~~ ~ ~ ~ ~ I:~;i
~i a B ~ Irm
.
~
J:
!il
'"
=z
CI
~~ I
m~
~1 ~
~~ a
~I;; ~
~~ ii
~ i
== li
~
I
. ---
'111"'\.___.'
co
I'
~
~
~ i !I
I . ~' )
~ ~ .,~ e
i ! ~. i ·
~~8:
I
lh.,
Cfi
I I u~
_/ ill
~i
~J;j
!
..
...
..
?
~
c.o
-
J3 !l IS !!l ~ ?; ~
!i: !i: , liI liI a
..
IF IF IF IF IF ~
j iD iD i i i
I !
! .,
~ ..~ ~
~ ~ ij ij q q ~J ~
.. l
a
n
q q q q q q ~
n ~
!i! :..-
I I l!l III f III IS !!l I I ~ ~ ~ is ;S j I illlll~~iS~ z I;;
I '"
~ ~
C
~~~~~~~I :ii
I I ~ ~ ~.~ ~ ~ I I ~~~~~~ I I ~
~
..., ..... ...... ...., ...... ..... ~~~~~...... ~ ..... ......::::! ~ .... a I
I I iit~~~~~ I I OIDl"L'\'\~ I I ~~~'\"L~~
;HnH~iiiiU;BBU!!~ ;
~~
~
, ,
t..L___-_l
f=
:: r===e I
1----'... ..
'a3J.101d
SJ1YOS _4 CDOtICDII .
I
H:MHIOftl __ _
-@~
~,.. ~
F-~
&:
'<
z
It) <C
,.. ...I
,.. 0-
~ ~
:E z
!i; is
WU)Z
:>C\I~
;0.,..0
CO-a:
. ,.. Cl
C<CC
...I Z
!!:! <C
u. a:
:J: W
~ 3=
a: 0
0-
iii f'! ,.. i
Wo w o,j
::Jl{j .D I:
~~ ;;: ~
::l: ,..
~. <C
El~ ;
Ur;: ::I
J: '"
~U i CI
~ii: Ii I
LCI
a
~ ~ ~
II ~ ~
i
-
.
~. ~
~:~ """"""""""~
\ \
..
o
~
~
..
i i
i i
CI
1:; I I
1I \; ~ t t , CI
I 1011 I I ~
lie I
t~iJ4 i
1~1
~h ~J J
H]'6 JI t CI
;B~ j! I
11 !~~ CI
:S~D'6 a
fl~j ~
fl11l g
_Ill J I ~
~ ~m..~ i
~ii;~:i,;: ~
~~eil~lb
~~i~2~.!~
~S ~~I"I
i.t..: '" ~
~~j!:~11:
llffi~~ ~ ~~
h~~~~;~~
~ III ~I! h
'~:ld!lej
i=~ ~~~d~
e. 5 ~
Q) ~
r--4
....-4 rn
,..o~
o ~
~~
.
.
-
@
~
~ (g)
I
~ 0
@ if ~i ~
~l\ (7 n"'
~r-- ~ ~ flJ Wlt 31
h ; @ 'I.J ~ VV
;! i!~:':! j -, ~'\
~ ' -t /l..
@.t!n ~- "-'<\ ~-- 'j~ - ;- - - - -1--}
~I~I ~; ~ j~~~ @11\l/._____,!J
~~ LI/I I, ~
~~8 ~~ t ' t-:-> a -t--I~ i I 'X'
~~~ E~ !I rr? ~ ~~ s~ ~ I i
~fil .~'I I,
~IL @::i '),\ / ;' __J I
~ ~~ n ----t~-\- - -'\- ::!t-l
11/\ '\ ~
l I ~ ~m '\
I I ~ !Il~ r
I \ ~ as i
I \ f:. $ ~
. - / 0 "'-------r--------------------Y"
~f
:1
(g)
'"
I
~
~
ii:
I
::J
~
Cl
Q
~
i
-
.
jo.
~
@
~mti
::Ez
~"z
iii=~
~!~
1
!
a.
~~
;~
~i
...
..
y
~~
~I
i
-
~
\.,
I I~ ~m~ h
o !c ~~ ~I~ h Q
Ii! '(I,"fJ !l!l ~ i~\!;
f2 f2 i ~I ffii: ~~I
~ ~ f2 ia ~1O~ ~~~
~ ~ 0 !ll~el 2~\!; lOG:
~ ~ ~ sa.B l!itli ~ li!
~ ~! ~t ~ ~!~ ~I~; ~i~
~ ~; ~~ it ~I~ i~~~ i~;~
! ~~ ~i ~'" ;d :t1~~ }III~
.
.
~l!i~~~i
\"~8il1~~
~~d!ll~
"~8!~!Ii
om~51;l
~gS~
l:!U~
I
I
..
j
Is
-
if
III
i \1\1\1\1\1\
Ilul I I I
~~
~! I I
8~ 8 8
~!I ~I I i
!~i ,;; ! ~~ !
::E!ll~'i Ii f ~I f
~~ ~ "-"
~
i 1= 0
~d ;~
:iwl ~~
~d~ II
!III~;: L
",85 5~~ II
S ~~~: ~i. ~
m
..
~
.h
i5~ ~;
n ",ill'
-
.
~ti
~ ill !
'" r-- ~
1"",-
Iz
1""-
~"-
~I
l~
z"gr
~
1&1 ~
(,) ~~
:;:
0:
- 1&1 C '"
III "-'
lJ.J
~ Z c
:J ::J !i
5 c
I ~
~ lJ.J t:l
z
z 0
II
o
~
::I
~
~
is 2!ll
C> ~~
Z
~
i
~
.rr.
" r )~
~ i - "r-~ ~
" -t-" ~I--
~
1'1
i ":
d ~
3
~
g
~
i
~~
!l
III
&I
z
u~ ~
J.di
d
3
t! !-
! S
; -
..&
I
I
..
III
u
o
. . . " . I'. n , t .
1111111111111111111111111111111111111..-11 snY:l$JH'" a>oncDlf
....tl...... t"
Lilt I I 1 1 I I I I I I I I I I I 1 1 I I.t/l
'I' I i
'j
Lm__'
z
t-1
'"
0
0
N ro
~ 'e
...... ro_(J)
c: +::oroE
a3'e E
CD "O(J)O
'00 EO
E (J)E-
LL H.L o::o~
2-0 ~
-c ,-- (J)
E~C.9
c: ro'(J)
"'c"O
(J) (J) (J)
CD 0> c, C.9 E
E c ,~ I ro
U)~c::::
.- I () I
<C c 0:: N
0 I
0
N c..
11.
0> 0:: N N N
C ~<( I 0 I
N ~c N_ () ()
.- 0 ~w 0 a. a. a.
'"C (,)
I C
N N N
'CD ::J c::: 0 0' 0
a. a. a.
:s 0 +-'
s..... ~ (J)
c: s..... anua^v 4J8~ (J)
0:: aU.
CD ::J cf "<;f'
co
~ en l- N
LL 0
~ a.
s... N
ns 0 N N N a
0 0 0 C")
"'C a. a. a. co
CD
0 anua^'t 4lH
~ c::: c::: c::: 0
~ N
"<;f'
N
(Q
c::: c::: c::: c:::
a
c::: , T"""
N
c::: c::: c::: c::: c::: c::: c::: U")
a
T"""
c:::
a
z
t-lD
I'-
0
0
N
~
...
~
CI) -m
Ctl.-
E :i:i~
CQ.)~
L.L Hl ~Ero
-c 'w E 0..
Q.) 0 I
~ Q) o::()~
I '0::
CI) en (/)20..
Wo
E => o::()
<C -c
c
a.. CO
.....J
0::: :2: :2: :2:
C) :2: 'l:t< :2:
0 'l:to 0 0 0 0
C () ~UJ () () () ()
I .- (.)
-c :2: :2: :2: :2:
CI) C 0 0 0 0
~ ::J () () () ()
0 -
~ :::.::: Q.)
0::: anuaNv' 4J9~ Q.)
L- ou..
CI) L- ~ '<t
::J co
~ ..... :2:
en u..
~ 0
()
I.i :.:::
ctS 0::
0.. :2: :2: :2:
0
-c 0 0 0 Ct)
() () () co
CI)
0 anuaAV 4JL.~
~ (J) (J) (J)
~. w w w 0
0:: 0:: 0:: C'i
N '<t
CO (J) (J)
(J) (J)
w w w w
0:: 0:: 0:: 0::
:.::: 0
0:: ...-
0.. C'i
:.::: (J) (J) (J) (J) (J) (J) I{)
0:: w w w w w w 0
0.. 0:: 0:: 0:: 0:: 0:: 0:: ...-
(J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J)
w w w w w w w w w w w w w w w
0::
0
AGENDA SECTION: PUBLIC HEARING
AGENDA ITEM # 7
REpORT # 78
......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
MARCH 13, 2007
REpORT PREPARED By:
CHRIS REGIS, FINANCE MANAGER
NAME, TITLE
COUNCIL PRESENTER:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public hearing and second reading of transitory ordinance providing funding for certain capital
improvements from the Special Revenue Fund.
I. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion: Approve
second reading of the transitory ordinance providing for the
expenditure of funds from the Special Revenue Fund for certain
capital improvements.
I II. BACKGROUND I
. At the December 12, 2006 City Council meeting, the City Council authorized
$500,000 of Special Revenue Funds for improvements to City recreation capital
improvements in 2007.
. Finally, the 2007 Capital Improvement Budget provides for expenditure for all types
of funds contained in the budget document including, municipal state aid, user fees,
federal grants and state grants, however, authorization by ordinance is not required
for expenditures other than Special Revenues.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. City Charter Section 7.12, Subd. 2 requires that Special Revenue Funds
for capital improvements must be authorized by ordinance.
. This process provides for public input through a public hearing.
03132007TransitoryOrd
lB.
CRITICAL ISSUES I
. Under Section 3.09 of the City Charter, a transitory ordinance becomes
effective 30 days after publication of the second hearing notice. It is
prudent to complete the ordinance requirements early in the year so any
capital proJects planned can be initiated on a timely basis, completed and
funds expended. This needs to be completed promptly so payments can be
made for projects authorized.
.
IC. FmANCIAL I
. While the total 2007 Capital Improvements Budget (CIB) includes total
budgeted expenditures of $31 ,264,000 the portion of CIB concerning
proposed funding from the Special Revenue fund is $500,000 as shown
below:
Outdoor Pool Renovation Loan Repayment
Major Park Maintenance Projects
Ice Arena Second Sheet Loan Repayment
Ice Arena Parking Lot Reconstruction
Lincoln Field & Other Ball Field Improvements
Vets Memorial Park
Liquor Operation Capital Improvements
193,000
100,000
45,000
76,000
21,000
15,000
50,000
. A transitory ordinance is necessary to finalize these appropriations
pursuant to City Charter.
. The source of Special Revenue funds is municipal liquor profits.
I D. LEGAL I
. First reading of the ordinance was approved at the February 13, 2007 City
Council meeting and a notice of public hearing was published on March
1,2007.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. The City Council could postpone the second reading of the transitory ordinance to a
future City Council meeting.
. The City Council could decide to authorize none or only a portion of the expenditures
identified from the special revenue in the CIB.
[ V. ATTACHMENTS I
. An ordinance providing for the expenditure of money from the Special Revenue
Fund for certain capital improvements.
I VI. PRlNCIP AL PARTIES EXPECTED AT MEETmG
None.
?--I
BILL NO.
TRANSITORY ORDINANCE NO.
AN ORDINANCE. PROVIDING FOR THE EXPENDITURE OF MONEY FROM
THE SPECIAL REVENUE FUND FOR CERTAIN CAPITAL IMPROVEMENTS
CITY OF RICHFIELD DOES ORDAIN:
Section 1: It is found and determined to be necessary and expedient for the City to expend
money from the Special Revenue Fund for the making of capital improvements listed in
Section 2 hereof, for which the City would be authorized to issue general obligation bonds.
Section 2: The capital improvements and amounts of ~xpenditures for such improvements
which are authorized to be paid from the Special Revenue Fund under Section 7.12,
Subdivision 2 of the City Charter, are as follows:
Outdoor Pool Renovation Loan Repayment
Major Park Maintenance Projects
Ice Arena Second Sheet Loan Repayment
Ice Arena Parking Lot Reconstruction
Lincoln Field & Other Ball Field Improvements
Vets Memorial Park
Liquor Operation Capital Improvements
193,000
100,000
45,000
76,000
21,000
15,000
50,000
Section 3: The expenditures herein authorized shall be made pursuant to such contracts as
are authorized from time to time by Council action.
Passed by the City Council of the City of Richfield this 13th day of March 2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
AGENDA SECTION: RESOLUTION
AGENDA ITEM # 8
REpORT # 79
.......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
MARCH 13, 2007
REpORT PREPARED By:
PAM DMYTRENKO
ASSISTANT TO THE CITY MGR
NAME. TITLE
COUNCIL PRESENTER:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution approving the contract with the Police Officers and Detectives
LELS Local 123 for the contract period January 1,2007 through December 31,2008.
I. RECOMMENDED ACTION:
By Motion: Adopt the resolution approving the provisions of the
2007 -2008 labor agreement with the Police Officers and Detectives
LELS Local 123 bargaining unit and authorize the City Manager to
execute the agreement.
I II. BACKGROUND I
City staff has completed labor negotiations with the Police Officers and Detectives
LELS Local 123 (Union). The provisions of the contract agreement for 2007-2008
coverall employees in this Union. There are thirty-one employees represented in
this unit.
The tentatively approved settlement includes the following significant changes:
1. Waqes
A 3% across-the-board wage. increase effective January 1, 2007 and an additional
.5% across-the-board wage increase effective the first full pay period in July 2007.
Re-opener in 2008 for wages.
0313Police contract
2. Health Insurance
A maximum $50 increase to the Employer health insurance contribution for contract
year 2007 which provides full coverage to single Employees, $705 per month for
Employee plus spouse or Employee plus child(ren) coverage, and $750 per month
for Employee plus family.
Re-opener in 2008 for health insurance.
Effective January 1,2007, the Employer would contribute an additional $2 towards
the employee single dental insurance premium for a maximum total monthly
contribution of $32.
3. Personal Leave
Effective January 1, 2007, the personal leave accrual rate will increase from 2.77
hours biweekly to 3.0 hours biweekly.
4. ClothinQ Allowance
An increase of $25 in the clothing allowance to $725 for 2007 and an additional $25
increase to $750 in 2008.
5. Pay for Juvenile InvestiQator/School Liaison Officer and SpeciallnvestiQative
Unit
Effective January 1, 2007, the special compensation pay for Juvenile
Investigator/School Liaison Officers and Officers assigned to the Special
Investigative Unit will increase by $20 to $200 per month. Effective January 1,
2008, the rate will increase an additional $25 to $225 per month. Up to a total of
four Officers would qualify for this additional compensation.
6. Pay for Problem Oriented PolicinQ (P.O.P.)lCrime Prevention/Detective Trainee
Effective January 1, 2007, the pay rate for these positions will increase by $10 to
$100 per month. This increase would currently affect three Officers.
7. Field TraininQ Officer (F.T.O.) pay
Effective January 1,2007, the" FTO pay rate will increase 20 cents to $1.50 per
hour. Effective January 1,2008, the rate will increase an additional 25 cents to
$1.75 per hour. This pay is only utilized when new officers are hired and require
training.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. The City has met and negotiated in good faith with the Union and its
representatives and is bound under the Public Employer's Labor
Relations Act to meet and bargain over the terms and conditions of
employment.
The 2007-08 proposed settlement is the final union contract settled for
2007. It is identical in wages and insurance provisions to the other
union contracts as well as non-union City employees. The contract
provisions are also well within the range for other comparable
bargaining groups in similar metro cities.
. This contract reflects the second settlement for 2008.
I B. CRITICAL ISSUES I
. In order to allow the City's accounting personnel to modify payroll
records in a timely manner for 2007 wages and benefits, it is
recommended that the City Council act on March 13, 2007 to adopt
the attached resolution providing for contract changes, effective
January 1,2007.
I C. FINANCIAL I
. A 3% wage increase effective January 1, 2007 and an additional .5%
increase effective the first full pay period in July 2007.
. A maximum $50 increase in the Employer monthly contribution
towards health insurance coverage for 2007.
. A maximum $2 increase in the Employer contribution for employee
single dental insurance.
. A $25 increase in the annual clothing allowance for both contract
years.
. A $20 increase in compensation pay for Juvenile Investigator/School
Liaison Officers and Officers assigned to the Special Investigative
Unit, effective January 1, 2007 and an additional $25 in year 2008.
. A $10 increase in compensation pay for P.O.P.lCrime
Prevention/Detective Trainees, effective January 1,2007.
. A $ .20/hour increase to FTO pay effective January 1, 2007 with an
additional $ .25/hour increase for 2008.
I D. LEGAL I
. If the terms of this agreement are not approved, further negotiation
and/or mediation will be necessary.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Do not approve the terms ot this agreement and prepare tor further
negotiation and/or mediation.
. Deter discussion to another date.
I V. ATTACHMENTS
. Resolution
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None
{/I
RESOLUTION NO.
RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE
CITY OF RICHFIELD AND
LAW ENFORCEMENT LABOR SERVICES (LELS), LOCAL 123
BARGAINING UNIT FOR THE YEARS 2007-2008
WHEREAS, the City Manager and the Richfield Police Officers and Detectives
LELS Local 123 have reached an understanding concerning conditions of employment for
years 2007-2008; and
WHEREAS, it would be inappropriate to penalize LELS Local 123 members who
have negotiated in good faith; and
WHEREAS, the City Ordinance requires that contracts between the City and the
exclusive representative of the employees in an appropriate bargaining unit shall be
completed by Council resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve
the Labor Agreement between the City of Richfield and LELS Local 123 Bargaining Unit for
years 2007-2008, under the provisions of the Labor Agreement to be implemented,
effective January 1, 2007 and authorize the City Manager to execute the contract.
Adopted by the City Council of the City of Richfield, Minnesota this 13th day of
March 2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk