Loading...
111312completeagenda CITY OF RICHFIELD, MINNESOTA TUESDAY, NOVEMBER 13, 2012 RICHFIELD MUNICIPAL CENTER 6700 PORTLAND AVENUE ***�****�,�**�*,�**�***�*�*�*�**�********�*****��*�,�*****��*,�***��**��***�******�******,�***�����** SPECIAL CITY COUNCIL WORKSESSION BARTHOLOMEW ROOM 6:00 P.M. AGENDA Call to order Roil call 1. Discussion regarding 2012 revised and 2013 proposed utilities budgets and review of street light user fee (Council Memo No. 119) Notes: 2. Discussion regarding inspection options for Environmental Health Code Enforcement Program (Council Memo No. 120) Notes: Adjournment ****��***�*****�***��****�****�***,�,��***���****�*********��**�***�*�****�****�****�******�**�*,��*** REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll cal! Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow s�cient time for others. Comments are to be an opportunity to address the Council on items not on the agenda, Individuats who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of (1) Special City Council Meeting of October 23, 2012; (2) Special City Council Worksession of October 23, 2012; (3) Regular City Council Meeting of October 23, 2012; and Special City Council/HRA/Planning Commission Meeting of November 1, 2012 PRESENTATION 1. Annual meeting with Planning Commission COUNCIL DISCUSSION 2. Council discussion • Cancellation of Wednesday, December 26, 2012 Regular City Council Meeting • Hats Off to Hometown Hits Notes: AGENDA APPROVAL 3. Council approval of agenda CONSENT CALENDAR 4. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action on these items 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 Richfield City Code Subsection 507.07, Subdivision 53 related to definition of building height S.R. No. 191 B. Consideration of approval of resolution determining results of City General Election on Tuesday, November 6, 2012 S.R. No. 192 C. Consideration of approval of amendment to site lease agreement at 7401 Logan Avenue location between City of Richfield and Sprint Spectrum Realty Company, LP (successor-in-interest to Sprint Spectrum LP) regarding location of antenna system S.R. No. 193 D. Consideration of approval of continuing agreement for 2013 with Hennepin County Human Services and Public Health Department and City of Richfield Public Safety/Police for Police Cadet position and Hennepin County Joint Community Police Partnership (JCCP) training and accepting funds S.R. No. 194 E. Consideration of approval of resolution granting site plan amendment allowing construction of 900 square foot building addition at 609 74th Street West S.R. No. 195 F. Consideration of approval of scheduling public hearing on December 11, 2012 for renewal of 2013 pawnbroker and secondhand goods dealer licenses for Metro Pawn and Gun, Inc. and University Cash Company, LLC, d/b/a Avi's Pawn and Jewelry S.R. No. 196 G. Consideration of approval of scheduling public hearing on December 11, 2012 for renewal of 2013 on-sale wine and on-sale 3.2 percent malt liquor licenses for Red Pepper Chinese Restaurant, Thompson's Fireside Pizza, Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill; Patrick's Bakery & Cafe; Lariat Lanes; The Noodle Shop-Colorado, Inc. d/b/a Noodles and Company and Joy's Pattaya Thai Restaurant S.R. No. 197 H. Consideration of approval of scheduling public hearing on December 11, 2012 for renewal of 2013 on-sale intoxicating and Sunday liquor licenses for Khan's Mongolian Barbeque; Champps Operating Corporation d/b/a Champp's Restaurant; Minneapolis- Richfield American Legion Post 435; Fred Babcock VFW Post No. 5555 d/b/a Four Nickels Food and Drink; Don Pablo's Operating Corporation d/b/a Don Pablo's; Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar; The Frenchmans; EI Tejaban Mex. Grill d/b/a EI Tejaban; Piva Luce VII, Inc; and Financial Guidance d/b/a Four Points by Sheraton S.R. No. 198 I. Consideration of approval of setting public hearing on December 4, 2012 regarding continuing street light user fee S.R. No. 199 J. Consideration of approval of resolution authorizing Department of Public Safety/Police acceptance of$10,000 Next Generation 911 (NG911) grant from the State of Minnesota S.R. No. 200 Notes: 5. Consideration of item(s), if any, removed from Consent Calendar Notes: OTHER BUSINESS 6. Consideration of preliminary request for community celebration event license and temporary on-sale intoxicating liquor license with request for fee waiver for Fourth of July Committee for events scheduled at Veterans Memorial Park, July 1 through 5, 2013 Staff Report No. 201 Notes: CITY MANAGER'S REPORT 7. City Manager's Report Notes: 8. 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 opportunify 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: 9. 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. CITY OF RICHFIELD, MINNESOTA Office of City Manager November 8, 2012 Councii Memorandum No. 119 The Honorable Mayor and Members of the City Council Subject: 2012 Revised and 2013 Proposed Utilities Budgets and Review of Street Light User Fee (Worksession Agenda Item No. 1) Council Members: During the September 5, 2012 Special City Council Budget Meeting, City staff informed the City Councit of the need for a City Council Worksession to discuss the proposed 2012 Revised and 2013 Proposed Utilities Budget and rates. City staff will review the Proposed 2012-13 Utilities Budget and rates at the November 13, 2012 Worksession. Staff is seeking guidance for the final draft of the 2012-13 Utilities Budget and rates to be considered by the City Council at their December 11, 2012 Meeting. In addition, City Staff will review the status of the Street Light Fee proposed for the 2013 Budget. Cont t Michael Eastling, Public Works Director, at 612-861-9792 with questions. Respe ull�C._s�abmitted, � � .` �! � � �� � �f; S ven Lr ," � anag'er SLD:cak E-mail: Department Directors Assistant City Manager CITY OF RICHFIELD, MINNESOTA Office of City Manager November 8, 2012 Council Memorandum No. 120 The Honorable Mayor and Members of the City Council Subject: Inspection Options for Environmental Health Code Enforcement Program (Worksession Agenda Item No. 2) Council Members: City staff was directed to prepare options (including their accompanying costs} for City Council consideration in response to staffing options for potential continuation of a neighborhood inspection program. The previous neighborhood inspection program was conducted in late 2006 through 2009 using a third Community Service Officer (CSO) who sequentially inspected each property in the City over an approximate three year period of time, looking proactively for environmental health violations that existed. Due to budget restraints, that position was eliminated in 2009. The following four options were prepared for Council's review by staff as being the most feasible. They are as follows: Option 1A and Option 1B— Rehire a Third CSO Position Option 1 A • One entry level CSO position (January-December) with fringe benefits for an average of 64 hours a pay period (significantly more hours are worked in the warm months than the winter months but we budget for 64 hours a pay period and then spread it out based on the seasons of Spring, Summer and Fall receiving the most and Winter receiving the least) This would take a three year period of time to complete a swing through the entire city. Cost: �42,076 yearly • Additional administrative support was previously required at the time a 3�d CSO was employed as a result of a higher case management administrative processing need. One full day for administrative support was reduced when the third CSO position was not reinstated. Cost: $13,552 yearly • Notices were pre-mailed to quadrants of the City that were going to be inspected ahead of time as a "heads up" educational component. Paper costs, envelopes and postage for approximately 11,000-12,000 properties during a three year period would amount to approximately $3,666 each year (1/3 of the inspections would be conducted each year of the three years). Cost: $3,666 yearly • Vehicle cost for 3rd CSO would be incurred by Public Safety/Support Services. It should be noted that this cost had not yet been identified when Council was given the initial total estimate for a 3�d CSO position of approximately $60,000. Cost: $7'l,000 yearly Total Costs for Option 1A - $70, 294 yearly with higher costs likely for years two and three due to salary and benefit increases. Option 1 B . This option would propose that the third CSO position not begin until April of 2013 thus saving salary costs in January, February and March as the program is not in high gear over the winter months. Cost: $31,558 • Additional administrative support costs from April-December would be slightly reduced due to later start date of April. Cost: $10,164. • Pre-mailed notice costs would remain the same as indicated in Option 1A Cost: $3,666 yearly • Vehicle costs for a 3`d CSO would remain the same as indicated in Option 1A. It should be noted that this cost had not yet been identified when Council was given the initial estimate for a 3`d CSO position. Cost: $11,000 yearly Total Costs for Option 1 B - $56,388 yearly with higher costs likely for years two and three due to salary and benefit increases. It should also be noted that the savings on this option would only occur within the first year of the program. Years two and three would have the same identical costs as Option 1A after the �rst year. Option 2 Consideration of a Seasonal (Sprinq, Summer, Fa111 Intern • One intern would be hired at the cost range of$10-$12 per hour who would address basic environmental health violations for a period of approximately 30 hours a week during the months of May— October. The intern would be in a City of Richfield shirt and have a photo ID but would not enter into backyards or onto property due to risk issues. They would only assess obvious violations in the front yards of properties as seen from the street. Range of Cost for 1 intern - $8,100 -$9,720 • Additional administrative support costs would be slightly reduced from Option 1 B due to intern working only from May— October. Cost: $6,776 yearly • Staff believes it is very important to continue to pre-mail letters to residents that are scheduled for upcoming inspections so that they have an opportunity to self correct prior to the inspections and to be aware if they see someone near their property that they should not be concerned. These mailing would be as noted under Option 1A and 1 B. Cost: $3,666 yearly • Staff also believes it saves the City no money if the intern doesn't leave a violation notice at the time of the visit as another cost and time delay would be incurred if the notice was mailed after their visit or had to be delivered by a regular CSO sometime after the intern had been there. This is when concerns about their safety with aggressive/angry residents or dogs and (iability issues arise. It should also be noted that if a situation goes without correction all the way to the court phase, judges tend to expect that whoever is conducting the inspection is the same person issuing the orders. Cases can and have been thrown out if someone other than the inspector issues orders for something they personally did not witness. • Transportation for the intern would be via their own private vehicle at a rate of $.58 mile. It is estimated that they would average 100 miles weekly over a 27 week period at a total cost for one intern of$1,624. There would also be a need for magnetic identifying placards for one vehicle at a cost of approximately $100. Costs: $1,724 Option 2 appears to be the option that has been identified as having the most potential concerns and that doesn't get to the meat of the problem in that their inspections would not be of the entire property and specifically not of the rear yard. There are just too many potential concerns about the use of an intern in this setting. There could also be some as of yet unidentified concerns revolving around intern safety and insurance costs which are currently not known and aren't factored into the final cost estimate. Total costs for Option 2 —With one intern utilized, it would be a range of costs from $20,266 to $21,886 with some yet unknown possible costs revolving around safety/insurance. It should be noted again, however, that the nature of this inspection program would not be as comprehensive or as thorough as either Option 1A or Option 1B. Option 3 Other Little or No Cost Atternative Options • Staff believes that increased police officer reporting is a viable option but is respectFully reluctant to agree that it will result in a significant number of additional complaints and that it wouldn't be a sysfiematic approach throughout the entire community if that is in fact the concern. Costs, if any, wouldn't be likely other than their time. • Staff agrees that further engagement and use of the City's Block Watch system would be helpful. A presentation can easily be made to Block Watch Captains for their education which could be passed along from Captains to their neighborhood participants. This could result in more reporting of violations by individuals who could report either by City website or phone, anonymously or not. Costs shouldn't be a factor in this case other than the staff time to promote it at their meeting which would be minimal. • Other staff ideas included consideration of a broad public awareness campaign to the community which would encourage citizens to self report. These costs would depend on mailings versus technology outreach but any number of methods could be employed to try to get information out. The only potential perceived obstacle could be that residents hesitate to call if they feel neighbors will suspect them and possibly retaliate in some way. Cost will be dependent on the type of outreach that might be used. • A video similar to the new Public Safety video could be done in-house on the environmental health process, the importance of it and why we all need to be actively involved and contributing in resolving the overall issues. Cost is unknown but being done in-house shouldn't be a high overall cost • A "Just a Minute" segment briefly explaining the most common types of complaints and the overall importance of the program in maintaining property values could also be done in-house and communicated via a number of inedias with a fairly low cost. • A City Manager 101 could be conducted with a video that contains more in depth information and would contain solid information/interviews with staff that will help residents better understand the benefits and greater good of the program. This would be at a low cost as well as these are done "in house" with current staff. • An "Out and About" segment could also be done visiting unidentified examples of properties with issues and comparing them to others with none so that people can get a visual on the benefit of the program and why it's so important. This could also be done as a comparison between our City and a neighboring City for more additional insight. This would again result in a low cost as they are done "in house" with current staff. Total Costs for Option 3 —While many of these costs are difFicult to identify currently, this option is more educational in nature and results in less spending of dollars. Total cost is unknown but it is fair to say that the educational components would be the least costly of all options being presented to Council. ��,.. "s�ec ully sub ' ed , e en L. evich City Manager SLD:cak Email: Department Directors Assistant City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota ' � Special City Council Meeting Advisory Board/Commission Applicant lnterview October 23, 2012 CALL TO ORDER The meeting was called to order by Mayor Goettel at 5:46 p.m. in the Babcock Room. ROLL CALL MEMBERS PRESENT: Debbie Goettel, Mayor; Pat Elliott, Sue Sandahl; Fred Wroge; and Tom Fitzhenry. INTERVIEW OF APPLICANTS The City Council conducted interviews of the following applicants for appointment as youth members to City Advisory Boards and Commissions: Eric Melendez Derek Mattson ADJOURNMENT The meeting was adjourned by unanimous consent at 6:00 p.m. Date Approved: November 13, 2012. Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY COUNCIL MINUTES Richfield, Minnesota �' ' f ' � Special City Councii Worksession October 23, 2412 CALL TO ORDER The meeting was called to order by Mayor Goettel at 6:02 p.m. in the Bartholomew Conference Room. ROLL CALL Council Members Debbie Goettel, Mayor; Tom Fitzhenry; Pat Elliott; Fred Wroge; and Present: Sue Sandahl Staff Present: Pam Dmytrenko, Acting City Manager; Jim Topitzhofer, Recreation Services Director; Todd Sandell, Public Safety Director; Mike Koob; Police Lieutenant; and Cheryl Krumholz, Executive Coordinator Item #1 DISCUSSION REGARDING FOURTH OF JULY CARNIVAL(COUNCIL MEMO NO. 115) Jim Topitzhofer, Recreation Services Director, stated the Fourth of July Committee requested a Worksession with the City Council to discuss next year's celebration, specifically the carnival. He explained that the City Council has a mechanism to take action on continuing the carnival for another year through action on considering granting the community celebration event license. Katie Robison, Fourth of July Committee, stated that due to the concerns for public safety, the committee requested the City Council consider an early application for a community celebration event license to determine if the carnival should be included in next year's event. Early consideration of the license would provide adequate time to inform the carnival if it was decided not to go forward. Ms. Robison stated another request from the committee was for the City Council to consider having the City provide revenue assistance if the carnival was discontinued. Council Member Sandahl questioned if it would be a possible breach of contract if the carnival was discontinued since there is one more year on the contract. Ms. Robison explained it is an informal contract with no cancellation fee. The City Council discussed several options as alternatives to having the carnival. Council Member Wroge suggested the City's General Fund include funding to provide the average revenue generated by the carnival so the Fourth of July Committee does not suffer financially. Special Worksession Minutes -2- October 23, 2012 Recreatian Services Director Topitzhofer stated the City Attorney has reviewed the carnival contract and could lend an opinion on the City Council's authority on issuing the community celebration event license. Public Safety Director Sandell stated the Police are confident the public safety issues are related to the carnival, not with the fireworks on July 4. The City Council consensus was to support the requests of the committee and to seek the City Attorney's opinion on the authority in issuing the license. Item #2 DISCUSSION REGARDING PROPOSED BAND SHELL(COUNCIL MEMO NO. 116) David Butler, Band Shell Committee Chair, provided a report on the status of the proposed band shell, including a meeting with Best Buy representatives to determine their interest in assisting with the financing of the new band shell, the best site determined to be Veterans Memorial park east of the Ice Arena on 66th Street, conducting a feasibility study to determine the level of interest in the community for a fund drive to support the construction, and financial support from the City. Mr. Butler stated the committee recommends that an airplane noise evaluation study be conducted and its findings be reported to the City Council. He also expressed the importance of receiving official support to build a band shell from the City Council in advance of submitting a proposal to Best Buy. Recreation Services Director Topitzhofer discussed the proposed operating budget. Council Member Fitzhenry suggested the noise into the neighborhood be part of the noise study so that information can be provided to the public. He also stated that the airplane flight path is changing. The City Council consensus was to move forward with the proposed band shell. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:56 p.m. Date Approved: November 13, 2012 Debbie Goettel Mayor Cheryl Krumholz Pam Dmytrenko Executive Coordinator Acting City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota � ' � , � Regular Meeting October 23, 2012 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:03 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Pat Elliott; Fred Wroge; Tom Fitzhenry; and Sue Sandahl. Statf Present: Pam Dmytrenko, Acting City Manager; John Stark, Community Development Director; Mike Eastling, Public Works Director; Todd Sandell, Public Works Director; Jim Topitzhofer, Recreation Services Director; Corrine Heine, City Attorney; and Cheryl Krumholz, Executive Coordinator. OPEN FORUM None. PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Wroge, S/Sandahl to approve the minutes of(1) Special Citv Council Worksession of October 9 2012 and (2) Regular Citv Council Meetinq of October 9, 2012. Motion carried 5-0. Item #1 ANNUAL MEETING WITH COMMUNITY SERVICES COMMISSION Council Meeting Minutes -2- October 23,2012 Gerald Charnitz, Chair, presented the commission report. Item #2 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS Mayor Goettel announced that the City is conducting cable equipment repairs and will not be replaying tonight's City Council meeting on cable channel 16. Council Member Elliott discussed the success of Richfield's approach to handling the Emerald Ash Borer. Council Member Elliott expressed concerns about the provisional bike lanes recently put in place in Edina and suggested the City Council experience driving those streets. Council Member Wroge voiced his concerns about safety and liability issues related to the Augsburg Park skatepark and the use of protective gear by skaters, particularly for users under 18 years old. He also expressed concern about the City Council knowing that a Tier I skatepark also included bicycle use and stated that, if he had known, he would not have supported it. City Attorney Heine explained that the skatepark was designed to accommodate both skateboards and bicycles and that, as a Tier 1 skatepark, it does not require 24-hour supervision. There is potential liability if the skatepark is not being used as designed, which is not the case. The skatepark complies with the LMCIT insurance requirements by posting requirements that users wear protective gear. She added that the City Council could prohibit the bicycle use if it chooses, and the level of supervision requires consideration of costs and benefits. Recreation Services Director Topitzhofer stated that the City did not anticipate this much bicycle use of the skatepark and indicated that when the newness wears off, bicycle use will decrease. He continued that other cities with Tier I skateparks are not enforcing the use of protective gear. Mr. Topitzhofer continued that the LMCIT stated they would not deny insurance if there is not constant supervision. He explained the City is hoping to create a better relationship with users without policing the site but rather with warnings so the users take ownership of the facility. Council Member Elliott stated that the concern is that the insurance would decline to defend a claim, not deny insurance. He said when the skatepark was discussed publicly, the skatepark representatives stated they were good at self-policing but that does not appear to be the case and suggested the City reach out to the skatepark leaders. Mayor Goettel suggested education on the importance of protective gear and that the skatepark be monitored. She suggested staff provide information on claim results of other cities. Council Member Fitzhenry stated he recalls the skatepark group talking about bicycle and rollerblade use. He agreed with education on the use of protective gear. City Attorney Heine explained that every city facility has legal risks but that the City is not legally liable for every injury that occurs on City property. Council Member Fitzhenry announced the Beyond the Yellow Ribbon event on Veterans Day at the Honoring All Veterans Memorial. Council Member Fitzhenry announced the open houses for the proposed changes in aircraft flight paths and noise impacts. Council Meeting Minutes -3- October 23,2012 Council Member Sandahl stated that at their last meeting, the Housing and Redevelopment Authority unanimously supported the Richfield School District No. 280 school referenda on the November 6, 2012 ballot. Community Development Director Stark provided an update on current and pending development projects. Council Member Wroge requested the City Attorney discuss the City Council's authority related to the July 4 carnival contract. City Attorney Heine explained the Fourth of July Committee must submit a community celebration event license application, which must include a detailed activity plan. The application and plan will be reviewed by City departments and the City Manager. A staff recommendation will be provided at the time issuance of the license is presented to the City Council for consideration. If the Public Safety Department identifies safety concerns related to the carnival operation, the City Council has regulatory authority to grant the license on the condition that there be no carnival. In response to a question about the potential liability of the Fourth of July Committee, the City Attorney responded that she cannot advise the Committee, but indicated that there could be a defense of impossibility of performance. Council Member Elliott discussed the success of Richfield's approach to handling the Emerald Ash Borer. Council Member Elliott expressed concerns about the provisional bike lanes recently put in place in Edina and suggested the City Council experience driving those streets. Council Member Wroge voiced his concerns about safety and League of Minnesota Insurance Trust legal issues related to the lack of enforcement of the posted rules at the Augsburg Park skatepark requiring users wear protective gear, particularly for user under 18 years old. He also expressed concern about the City Council not being aware that a Tier I skatepark also included bicycle use and if he had known, he would not have supported it. City Attorney Heine explained the City's skatepark is designed as Tier I which accommodates skateboards and bicycles and does not require supervision. There is potential liability if the skatepark is not being used as designed, which is not the case. The skatepark complies with the LMCIT insurance requirements by providing warnings if use is contrary. She added that the City Council could prohibit the bicycle use and direct enforcement to eject users if they are not wearing protective gear. Recreation Services Director Topitzhofer stated that the City did not anticipate this much bicycle use of the skatepark and believes when the newness wears off, it will decrease. He continued that other cities with Tier I skateparks are not enforcing the use of protective gear. Mr. Topitzhofer continued that the LMCIT stated they would not deny insurance if there is no supervision. He explained the City is hoping to create a better relationship with users without policing the site but rather with warnings so the users take ownership of the facility. Council Member Elliott stated that the concern is that the insurance would decline to defend a claim, not deny insurance. He said when the skatepark was discussed publicly, the skatepark representatives stated they were good at self-policing but that does not appear to be the case and suggested the City reach out to the skatepark leaders. Mayor Goettel suggested education on the importance of protective gear and that the skatepark be monitored. She suggested staff provide information on claim results of other cities. Council Meeting Minutes -4- October 23,2012 Council Member Fitzhenry stated he recalls the skatepark group talking about bicycle and rollerblade use. He agreed with education on the use of protective gear. City Attorney Heine explained the differences between legal risk and legal liability and moral responsibility. Council Member Fitzhenry announced the Beyond the Yellow Ribbon event on Veterans Day at the Honoring All Veterans Memorial. Council Member Fitzhenry announced the open houses for the proposed changes in aircraft flight paths and noise impacts. Council Member Sandahl stated that at their last meeting, the Housing and Redevelopment Authority unanimously supported the Richfield School District No. 280 school referenda on the November 6, 2012 ballot. Community Development Director Stark provided an update on current and pending development projects. Council Member Wroge requested the City Attorney discuss the City Council's authority related to the July 4 carnival contract. City Attorney Heine stated that the carnival contract is between the Fourth of July Committee, not the City, so it is outside her scope of authority. She explained there is a detailed activity plan provided with the Fourth of July Committee's community celebration event license application which is reviewed by City departments and the City Manager. A staff recommendation is provided at the time issuance of the license is presented to the City Council for consideration. The City Council has regulatory authority to grant the license without the carnival as an impossibility of perFormance option. Item #3 COUNCIL APPROVAL OF AGENDA Mayor Goettel removed Consent Calendar Item 4C and moved it to Item 5 for separate consideration. MNVroge, S/Fitzhenry to approve the aqenda as amended. Motion carried 5-0. Item #4 CONSENT CALENDAR A. Consideration of approval of resolution authorizing conveyance of real property located at 6812-14th Avenue to HRA S.R. No. 178 RESOLUTION NO. 10708 RESOLUTION AUTHORIZING THE CONVEYANCE OF REAL PROPERTY LOCATED AT 6812 14TH AVENUE This resolution appears as Resolution No. 10708. Council Meeting Minutes -5- October 23,2012 B. Consideration of approval of resolution granting subdivision waiver allowing division of 7225 First Avenue into two single-family lots S.R. No. 179 RESOLUTION NO. 10709 RESOLUTION AUTHORIZING A SUBDIVISION WAIVER FOR 7225 1st AVENUE This resolution appears as Resolution No. 10709. C. Item moved to be considered separately as Item No. 5 D. Consideration of approval of resolution authorizing amendment of Mn/DOT Agreement No. 93492 accepting additional funds in amount of$20,000 to be used for preliminary engineering on West Connection and East Connection Bicycle Route Project S.R. No. 181 RESOLUTION NO. 10711 RESOLUTION AUTHORIZING AMENDMENT OF AGENCY AGREEMENT NO. 93492 BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF RICHFIELD ACCEPTING ADDITIONAL FUNDS FOR PRELIMINARY ENGINEERING IN THE AMOUNT OF $20,000 FOR FEDERAL PARTICIPATION IN TWO NON-MOTORIZED TRANSPORTATION PILOT PROGRAM PROJECTS This resolution appears as Resolution No. 10711. E. Consideration of approval of renewal of contract with Chief's Towing, Inc., 8610 Harriet Avenue, Bloomington, MN., for Public Safety towing services from December 1, 2012 through November 30, 2013 S.R. No. 182 F. Consideration of approval of award of contract to Plunkett's Pest Control to furnish and install netting to underside of picnic shelter roof located in Veterans Park in amount of $11,420 plus applicable sales tax S.R. No. 183 G. Consideration of approval of continuation of agreement with City of Bloomington for food inspection services for Richfield for 2013 S.R. No. 184 H. Consideration of approval of public health and environmental health mutual aid agreement S.R. No. 185 I. Consideration of approval of request for temporary on-sale intoxicating liquor license for Church of St. Richard, 7540 Penn Avenue, for annual November Fest on November 10 and 11, 2012 S.R. No. 186 M/Goettel, S/Sandahl to approve the Consent Calendar as amended. Motion carried 5-0. Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR Former Item #4C - Consideration of approval of resolution authorizing City of � Richfield to enter into agreement#96150 for installation and maintenance of railroad crossing signals at intersection of West 70th Street with railroad tracks of Progressive Rail, Inc. in Richfield S.R. No. 180 Council Member Wroge presented Staff Report No. 180. Council Meeting Minutes -6- October 23,2012 Mr. Wroge questioned why the signal installation was necessary when stop signs were already there. He stated he believed this to be a waste of funds for the minimal use of this railroad track. He suggested action on this resolution be postponed to allow time to obtain information on the accident data at this site. Public Works Director Eastling explained the federal funds are allocated to the highesf risk sites and this location was determined to be eligible. Council Member Elliott stated that he believed the funds were allocated and need to be spent or lost. Council Member Fitzhenry stated that while he was a Richfield Police Officer, he was called to accidents at this site and supported the installation of the signals. M/Goettel, S/Sandahl that the followinq resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10710 RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO AGREEMENT #96150 FOR THE INSTALLATION AND MAINTENANCE OF RAILROAD CROSSING SIGNALS AT THE INTERSECTION OF W. 70T" STREET WITH THE TRACKS OF THE PROGRESSIVE RAIL, INC. Motion carried 3-1 (Elliott oppose, Wroge abstain). This resolution appears as Resolution No. 10710. Item #7 CONSIDERATION OF SECOND READING OF ORDINANCE AMENDMENT TO CITY ADMINISTRATIVE CODE CHAPTER III, SECTION 310 (ADMINISTRATIVE; HUMAN RESOURCES) REPEALING CERTAIN PROVISIONS S.R. NO. 187 Mayor Goettel presented Staff Report No. 187. M/Goettel, S/Wroge that this constitutes the second readina of Bill No. 2012-15 approvinq an amendment to Citv Administrative Code Chapter III Section 310 (Administrative; Human Resources) repealinq certain provisions. Motion carried 5-0. Item #7 CONSIDERATION OF RESOLUTION SUPPORTING RICHFIELD PUBLIC SCHOOL DISTRICT 280 LEVY REFERENDA S.R. NO. 188 Mayor Goettel presented Staff Report No. 188. M/Goettel, S/Sandahl that the followinq resolution be adopted and that it be made part of these minutes RESOLUTION NO. 10712 RESOLUTION SUPPORTING RICHFIELD PUBLIC SCHOOL DISTRICT 280 LEVY REFERENDA Council Meeting Minutes -7- October 23,2012 Motion carried 5-0. This resolution appears as Resolution No.10712. Item #8 CONSIDERATION OF APPOINTMENTS TO FILL YOUTH MEMBERSHIP TERMS ON CITY'S ADVISORY COMMISSIONS S.R. NO. 189 Council Member Sandahl presented Staff Report No. 189. M/Sandahl, S/Goettel to appoint the followinq vouth commission members: ADVISORY BOARD OF HEALTH Name Term Expires Derek Mattson August 31, 2013 FRIENDSHIP CITY COMMISSION Name Term Expires Eric Melendez August 31, 2013 Motion carried 5-0. Item #9 CONSIDERATION OF CITY COUNCIL'S CONFIRMATION OF MAYOR'S APPOINTMENT OF HRA COMMISSIONER FOR FIVE-YEAR TERM COMMENCING OCTOBER 23, 2012 AND EXPIRING OCTOBER 23, 2017 S.R. NO. 190 Mayor Goettel presented Staff Report No. 190. M/Goettel S/Sandahl to reappoint Doris Rubenstein as Housinq and Redevelopment Authoritv Commissioner for a five-vear term. Motion carried 5-0. Item #10 CITY MANAGER'S REPORT None. Item #11 CLAIMS AND PAYROLLS M/Wroge, S/Sandahl that the followinq claims and pavrolls be approved: U.S. Bank 10/23/12 A/P Checks: 216936-217334 $ 1,615,183.55 Payroll: 87511-87835 $ 527,341.25 TOTAL $ 2,142,524.80 Motion carried 5-0. Council Meeting Minutes -8- • October 23,2012 OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 8:16 p.m. Date Approved: November 13, 2012 Debbie Goettel Mayor Cheryl Krumholz Pam Dmytrenko Executive Coordinator Acting City Manager CITY COUNCIL MINUTES Richfield, Minnesota � ' � '� � Special City Council/HRA/ Planning Commission Meeting November 1 , 2012 Council Members: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; and Fred Wroge Present: Council Member.� Tom Fitzhenry Not Present: HRA Members Sue Sandahl, Chair; Debbie Goettel; and David Gepner Present: HRA Members: Steven Quam and Doris Rubenstein Not Present: The City Council participated in a walking tour of the Lakes at Lyndale area conducted by Short Elliott Hendrickson, Inc. to begin the planning process. Date Approved: November 13, 2012 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager AGENDA SECTION: CONSENT AGENDA ITEM# 4A REPORT# 191 STAFF REPORT � r CITY COUNCIL MEETING NOVEMBER 13, 2012 REPORT PREPARED BY: MELISSA POEHI.,MAN, CITY PLANNER NAME,TITLE DEPARTMENT DIRECTOR �'�� � � °� REVIEW: ''` _, .... � ��.,`� �SIGNATU � � REVIEWED BY CITY . MANAGER: �" ITEM FOR COUNCIL CONSIDERATION: Conduct a first reading of an ordinance amendment that will clarify the way in which building height is defined/measured. I. RECOMMENDED ACTION: By Motion: Approve a first reading of the attached ordinance amending Subsection 507.07, Subdivision 53 related to the definition of buildin hei ht. II. BACKGROUND City staff continually monitors and notes areas of the Zoning Code that may require review. The proposed change does not constitute a policy change, but rather clarification of an existing rule. Building height is currently defined as follows: "The vertical distance to the highest point of the roof for flat roofs; to the deck line � for mansard roofs; and to the average height between eaves and the ridge for gable, hip and gambrel roofs, as measured from the average elevation of the lot adjoining the front building line." It has come to staff's attention that the definition does not specify which eave or eaves shall be used to calculate the height of gable, hip and gambrel roof heights. Home with multiple peaks at varying heights could potentially exceed the intended 111312 - 1 st Reading Ord Amend Bldg Height 25-foot height limit. In the following example, calculation using eave #2, would allow for a significantly taller structure. - F ridge 6 � � F eave #1 ;_ - � _ — � � = _ � , , F eave #2 , on � - ao : PRONT SISPAibN ...1/e' The proposed amendment clarifies that eave #1 shall be used to calculate building height. III. BASIS OF RECONIlV�NDATION A. PoLlcY • e regu ations o e oning ode are intended to promote harmonious relationships among land uses and to ensure that public and private lands ultimately are used for the purposes that are most appro�riate and beneficial from the standpoint of the City as a whole. • Ongoin review and periodic updating of the Code is necessary to ensure�hat regulations are serving their intended purposes. B. CxlTlcai,Trn��rG IssuEs • one C. FnvaNC�, . D. LEGAL • pu ic earin was e e ore the Planning Commission on October 22, 20�2. • Notice of the public hearing was published in the Sun Current in accordance with State and Local requirements. • The Planning Commission recommended approval of the proposed amendments (7-0). • A second reading is scheduled for November 27, 2012. E. ENVIRONMENTAL CONSIDERATIONS • IV. ALTERNATNE RECOMMENDATION S . pprove.a irst rea mg wit c anges to , e proposed ordinance. • Deny a first reading of the proposed ordinance. V. ATTAC�IMENTS • r inance ' VI. PRINCIPAL PARTIES XPECTED AT EETING • one � ��-i BILL NO. AMENDMENT TO RICHFIELD CITY CODE SUBSECTION 507.07, SUBDIVISION 53 RELATED TO THE DEFINITION OF BUILDING HEIGHT THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 507.07, Subdivision 53 of the Richfield City Code is amended to read as follows: Subd. 53. "Height of building" — The vertical distance to the highest point of the roof for flat roofs; to the deck line for mansard roofs; and to the average height between the hiqhest roof ridqe and its associated eaves a�d 4h- °� for gable, hip and gambrel roofs, as measured from the average elevation of the lot adjoining the front building line. (Figure 4) Sec. 2 This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 27th day of November, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 4B REPORT# 192 STAFF REPORT � r CITY COUNCIL MEETING NOVEMBER 13, 2012 REPORT PREPARED BY: NANCY GIBBS, CITY CLERK �IML;TITLE DEPARTMENT DIRECTOR � REVIEW: f SIGNATURE REVIEWED BY CITY ,-�� MANAGER: � .�.- ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution determining results of City General Election on Tuesday, November 6, 2012. I. RECOMMENDED ACTION: By Motion: Adopt the resolution determining the results of the City General Election on Tuesda , November 6, 2012. II. BACKGROUND The City General Election was conducted on Tuesday, November 6, 2012 in conjunction with the State General Election. The City General Election included contests for the offices of Council Members of Wards 1, 2, and 3. The Richfield City Charter states that the Council shall meet and canvass the election returns at the neut regular or Special Council meeting immediately following any regular, primary or special election, but in no event later than the time prescribed by State law, and must make full declaration of the results as soon as possible, and file a statement thereof with the City Clerk. Minnesota Statutes Chapter 205 also governs the conduct of municipal election. Section 205.02 Subd. 2 states that all City elections are governed by Chapter 205 as far as practicable. Section 205.185 Subd. 3 sets the date for canvassing any city general election as "between the third and tenth days after an election." Moreover, the provisions of Chapter 205 preempt the City Charter; therefore the canvassing of election results is scheduled for the November 6, 2012 Regular City Council Meeting. 1113GeneralElection III. BASIS OF RECOIVIMENDATION A. POLICY • The City Charter provides that the City Council declare the results of the election. • The Regular City Council Meeting of November 13 provides a timely opportunity to canvass the election results in accordance with State Statutes Chapter 205. $. CRITICAL TIMING ISSUES • The City Council must take action by November 16, 2012. C. Fn�aNClal, • N/A D. LEGAL • City Charter Section 4.07 provides that the City Council declare the results of the Election. State Statute Chapter 205 sets the date for canvassing the election and controls over the charter provision. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S� • N/A V. ATTACI-IMENTS • Resolution determining the results of the November 6, 2012 General Election. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A ��/ I RESOLUTION NO. RESOLUTION DETERMINING RESULTS OF THE GENERAL ELECTION OF THE CITY OF RICHFIELD HELD ON TUESDAY, NOVEMBER 6, 2012 BE IT RESOLVED by the City Council of the City of Richfield that the Council, having received and considered the tally of votes by the election judges of the General Election held November 6, 2012, the results are determined to be as follows: Votes cast for Council Member Ward 1: Pat Elliott 3,913 Four Year Term Write-In 81 Votes cast for Council Member Ward 2: Edwina Garcia 2, 943 Four Year Term David Buzicky 2,025 Write-I n 36 Votes cast for Council Member Ward 3: Tom Fitzhenry 3,122 Four Year Term Write-In 100 Total number of voters in this election: 18,866 Attachment A is the complete tabulation of results. BE IT FURTHER RESOLVED that the following list of judges were those certifying returns of said election: Khadra Abdi Hazel Burnside Ed Fletcher James Alagna Marjorie Cain Linda Foraker Lancetta Allen Angela Carlson Gregory Frost Robert Amundson Jan Carroll Dean Gade Janis Anderson Stanley Cromer Mary Gagne Chandler Arredonda David Dahl Luke Gagnon Mary Ann Ashmead Marie Dallager Claire Gahler John Ashmead Eileen Davenport Nancy Garwick Carol Athey Sandra Decker Kathleen Gesler James Atkins Gladys Denesen Dennis Gillespie Cheryl Avenson Delrose Desrosier Judith Goebel Pat Bailey Carol Dozois Farhoud Golafshan Evelyn Baldwin Cindy Dubansky Mary Gover Patricia Bates Wallis Durham III Patricia Grahn Charles Bauer Jr. Denise Eckerman James Grant Deaijia Bazinet Dee Ann Edlund Rebecca Guarino Corliss Becker Liz Ekholm Roger Guarino Ella Bert Betty Elenbaas Betty Gustafson Marilyn Birkelo Susanne Erickson Earl Hagen Kimberly Blomberg Joshua Evans Robert Hall Mary Boespflug Denise Famodu Jim Harding Peg Boothroyd Sam Fink Reed Harms Reed Bornholdt Sheila Fitzgerald Devin Haugh Laurel Bruno Francie Fletcher Mary Hayden Adrienne Hayes John Rock Meland Jeff Rundgren ���� Jackie Heinen Sandy Menning-Glavan Jeet Sausen Gertrude Herll Courtney Miller Phil Schaffer Ruth Hiland Ruth Miller Sandy Schmidt Merlin Hill Farah Mire Margaret Schow Linda Hinz Barbara Moen Sarah Schroeder Cheryl Hjortaas Dean Moen Andrew Seffrood Oliver Hoffman Leah Mohn Jordan Sims Ilene Holen Lee Monssen Joshua Smith Janette Holter Richard Morey Eric Smith JeNee Honnigford Philip Mortenson Margaret Smith Jessica January Isabelle Moulinier Becky Spitzack Kathy Johnson Eileen Muelken Erin Stertz-Follett Sita Johnson Christine Mullen Jason Stroth Siesse Jordan Peggy Mullick Catherine Sullivan Janell Joyner Tom Murphy Robert Sunderlin Kalla Kalloway Geraldine Nachicas Roger Swanson Betty Kamps Helen Nachicas Karen Tannahill Danette Kamrath Ivar Natins Myrtle Thom Thomas Keegan Linda Nemitz Ed Thom Claire Killian Vicky Nguyen Robert Thomson Elisabeth Kingdon Nam Nguyen-Tran Doris Thorson Taylor Knox David Nyholm Kathy Tighe Rosemary Koelln Jan Nyholm Michael Tomkinson Jane Koenig Martha Obenchain Pat Toney Lawrence Koenig Brad Obert Aunrika Tucker-Shabazz Lois Kovach Joy O'Brien John Twisk Joseph Kovach Marlene Odegard Phyllis Unger Anna Kragness Chris Okey Beatrice Van Liew Kayla Krey Joan Olinger Mike Vande Kamp Barb Kritzman Robert Olson Kenneth Vevea Kevin Krohn Mary Olson Jeni Warwick Amy Larson Melinda Olson Bob Wells Nancy Lindberg Jennifer Omana Elaine Wetsch Hailey Lindblom Hinda Omar Victoria Williams Cherill Lindquist Lois Omlie Marian Woolery Kory Lommen Danny Opitz Laurel Youngquist Lester Loney Julia O'Sullivan Janelle Zeinelabdin Mike Lueck Mark Pafiolis Qing Yi Zhou Eleanor Maanum Jeannine Pafko Marlys Solt Aleta Macon Ruth Pafko Julie Smith Lee Mai Betty Pedric Angie Faison Abelardo Malicsi Joe Pedric Judy Wood Lori Marker Monica Petrov Bev Arnold Thomas Marso Francis Ploog Sharon Flick M. Karen Marso Cindy Prince Yvonne Atkins Lawrence Martin Nick Pritchard Kathy Dahlen Joseph Matko Julie Remarcik Kari Sinning Paul Matuschek Holly Rhodes Marlene Stoick Andrew May Nathae Richardson John Holter Karin McComb Rick Robbins Stephanie McGinness Donna Roe ��.i ) � PASSED by the City Council of the City of Richfield, Minnesota this 13th day of November, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ���� Page I of I � City of Richfield II/7/201212:44:11 PM � General Election November 6, 2012 *** Preliminary Results *** Precinct Total % 1 2 3 4 5 6 7 8 9 CITY OF RICHFIELD CITY OFFICES Council Member-City of Richfield Ward 1 Patrick H. Elliott 3,913 98.0% 1,452 1,140 1,321 Write-In 81 2.0% 35 26 20 Council Member-City of Richfield Ward 2 David Buzicky 2,025 40.5% 656 794 575 Edwina Garcia 2,943 58.8% 1,149 991 803 Write-In 36 0.7% 19 6 11 Council Member-City of Richfield Ward 3 Tom Fitzhenry 3,122 96.9% 831 941 1,350 W rite-I n 100 3.1% 29 40 31 Precinct Total % 1 2 3 4 5 6 7 8 9 VOTER TURNOUT Registered Voters Persons Registered at 7:00AM 18,717 83.8% 1,452 2,532 2,485 1,845 2,312 2,392 1,736 1,616 2,347 New Registrations on Election Day 3,622 16.2% 250 509 421 461 348 514 266 307 546 TOTAL REGISTERED VOTERS 22,339 100.0% 1,702 3,041 2,906 2,306 2,660 2,906 2,002 1,923 2,893 Ballots Cast Number Voting at Polls 16,695 88.5% 1,307 2,110 2,220 1,879 1,921 2,135 1,580 1,469 2,074 Number Voting Absentee 2,171 11.5% 118 376 272 106 427 290 187 140 255 TOTAL PERSONS VOTING 18,866 100.0% 1,425 2,486 2,492 1,985 2,348 2,425 1,767 1,609 2,329 Turnout Percentage 84.5% 83.7% 81.7% 85.8% 86.1% 88.3% 83.4% 88.3% 83.7% 80.5% AGENDA SECTION: CONSENT AGENDA ITEM# 4C REPORT# 193 STAFF REPORT . , CITY COUNCIL MEETING NOVEMBER 13, 2012 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME,TITLE DEPARTMENT DIRECTOR � REVIEW: � �� REVIEWED BY CITY � -- - MANAGER: G� ITEM FOR COUNCIL CONSIDERATION: Approval by motion an amendment to the Site Lease Agreement at 7401 Logan Avenue South between the City of Richfield and Sprint Spectrum Realty Company, LP (successor-in-interest to S rint Spectrum LP) with regard to the location of an antenna system. I. RECOMMENDED ACTION: By Motion: Approve the amendment to the Site Lease Agreement at the 7401 Logan Avenue South location between the City of Richfield and Sprint Spectrum Realty Company, LP (successor-in-interest to Sprint Spectrum LP). II. BACKGROUND On May 24, 1999, the City of Richfield entered into a Site Lease Agreement with Sprint Spectrum LP (Tenant) at the 7401 Logan Avenue South location. The original Site Lease Agreement allowed the Tenant to erect a cellular telephone antenna system on the City water tower located at the 7401 Logan Avenue South location. The Site Lease Agreement allowed the Tenant to erect a maximum of six cellular telephone antennas on the Logan Avenue water tower, which is the current number of antennas installed. The Tenant now desires to modify its installation on the site by upgrading its antennas, equipment, and equipment shelter. As part of the upgrade, the Tenant will need to add, on a temporary basis of no more than twelve months, three additional antennas, bringing the total number of antennas on the Logan Avenue 111312 Spring Logan water tower to nine. As a result of the three additional antennas, an amendment to the original Site Lease Agreement is warranted. Consequently, at the end of the upgrade process, the Tenant will remove the original six antennas bringing the total number of antennas on the Logan Avenue water tower down to three. III. BASIS OF RECOMMENDATION A. POLICY • The Tenant has completed the required permitting process for site modification. B. CRITICAL TIMING ISSUES • N/A C. FINANCIAL • Any costs incurred in the upgrade of the facility will be borne by Sprint Spectrum Realty Company. • As part of the amendment, the annual rent will be increased to be $27,000.00 beginning 2013. D. LEGAL • The City Attorney has reviewed the amendment to the Site Lease Agreement. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S� • None. V. ATTACHMENTS • Amendment to the Site Lease Agreement. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. �`�s 1 FIRST AMENDMENT TO SITE LEASE AGREEMENT BETWEEN THE CITY OF RICHFIELD AND SPRINT SPECTRUM LP This First Amendment to Site Lease Agreement ("First Amendment") is made and entered effective the day of , 2012, by and between City of Richfield, a Minnesota municipal corporation ("Landlord"), whose address is 6700 Portland Avenue South, Richfield, Minnesota 55423, and Sprint Spectrum Realty Company, LP, a Delaware limited partnership, successor-in-interest to Sprint Spectrum L.P., a Delaware limited partnership ("Tenant"), whose address is Sprint Nextel Property Service, 6391 Sprint Parkway, Mailstop KSOPHTO101-Z2650, Overland Park, KS 66251-2650. RECITALS A. Landlord and Tenant's predecessor-in-interest Sprint Spectrum L.P., entered into a Site Lease Agreement dated May 24, 1999 ("Lease"); B. The Lease permits Tenant to install certain facilities on and adjacent to the water tower located at 7401 Logan Avenue South, County of Hennepin, State of Minnesota ("Structure"); C. As of the date of this First Amendment, the antennas, equipment, equipment shelter and other facilities that Tenant is permitted to install and maintain on the Structure and Leased Premises is described and depicted in Exhibit B to the Lease; D. Landlord and Tenant mutually desire to amend certain terms of the Lease to: (i) authorize modifications to the antennas, equipment, and other facilities as depicted and described herein, and; (ii)provide for an increase in the rent payable to Landlord. AGREEMENT NOW, THEREFORE, in consideration of the facts contained in the Recitals above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Leased Premises. The Lease is hereby amended by the replacement of Exhibit B with Exhibit B-1 attached hereto. All references to. "Exhibit B" in the Lease shall be replaced with "Exhibit B-1." Upon full execution of this First Amendment, Tenant is permitted to do all work necessary to install or otherwise modify the Antenna Facilities as described and contemplated in Exhibit B-1. 2. Rent. The annual rent beginning in 2013 shall be Twenty Seven Thousand Dollars ($27,000.00), which amount includes the annual increase set forth in Section 2(a) of the Lease. Rental payments are due on or before each January 1, partial years to be pro-rated. Paragraph 2(a) of the Lease is amended accordingly. 408036 RJV RC145-2 ��/� 3. Governmental A�proval Contin e�cv. Paragraph 5 (Tenant's Use) of the Lease is amended by the addition of the following: (k) Dama�e to Structure. Any damage done to the Leased Premises or Structure during installation or operation of the Antenna Facilities shall be repaired or replaced by Tenant, at Tenant's sole cost and expense, and to Landlord's sole and reasonable satisfaction, within thirty (30) days after Tenant's receipt of written notification by Landlard of such damage. (1) Cables. All exposed coaxial cables installed by Tenant at the Leased Premises shall be white jacketed or in conduit painted to match the Structure. (m) Installation of Antenna Facilities. Consulting engineering inspection for any installation or modification of the Antenna Facilities will be provided beginning with the pre-construction conference and continuing through completion of installation and verification of as-builts as determined solely by Landlord, at Tenant's expense. Tenant shall pay for all such Landlord inspection costs within thirty(30) days after receipt of an invoice together with reasonable documentation evidencing such fees and costs. 4. Emergencv Facilities. Paragraph 6 (Emergency Facilities) of the Lease is hereby replaced and superseded by the following: In the event of a natural or man-made disaster, in order to protect the health, welfare, and safety of the community, Tenant may erect additional Antenna Facilities and install additional equipment on a temporary basis on the Leased Premises, not to exceed 90 days, to assure continuation of service, unless Tenant obtains additional written approval from Landlord. In such event, Tenant shall promptly give Landlord written notice of such installation. Tenant shall not install or replace any generator on the Leased Premises without Landlord's prior written approval, which approval will not be unreasonably withheld, conditioned or delayed, provided, however, that Tenant may place an emergency generator within its Leased Premises without Landlord approval for up to seven (7) days in the event of a power failure to the Antenna Facilities. Landlord may limit the noise level and may prohibit use of a generator exceeding noise level limits set by Landlord. Tenant shall repair any and all damage to the extent caused by Tenant's use of a generator. 5. Additional Maintenance Expenses. Paragraph 7 (Additional Maintenance Expenses)is hereby replaced and superseded by the following: (a) Upon notice from Landlord, Tenant shall promptly pay to Landlord all additional Landlord expenses incurred in maintaining the Leased Premises, including painting or other maintenance of the Structure,resulting from Tenant's occupancy of the Leased Premises. (b) In the event the Landlord repaints, repairs or maintains the Structure, Tenant shall take adequate measures to cover or remove the Antenna Facilities and other 408036 RJV RC145-2 �iC-.� Tenant property or otherwise protect same from damage which may occur during the painting, repair or maintenance process. (c) Tenant shall temporarily remove its Antenna Facilities, at Tenant's cost, to allow maintenance, repair, repainting, restoration of the Structure or other activity on the Leased Premises as required by the Landlord. There may be scheduled interruptions in use of the Antenna Facilities due to such maintenance, repair, repainting or restoration. Except in the case of an emergency, Landlord shall give Tenant at least ninety (90) days' notice of repair, repainting or restoration requiring temporary removal and relocation of the Antenna Facilities. In case of an emergency, Landlord may require Tenant to immediately remove the Antenna Facilities but shall notify Tenant by telephone within a reasonable time prior to such request for removal. In the event the use of the Antenna Facilities is interrupted, Tenant shall have the right to maintain mobile cellular equipment on or adjacent to the Leased Premises. If the site will not accommodate mobile equipment, it is Tenant's responsibility to locate suitable auxiliary sites. Tenant shall re-install its Antenna Facilities, at Tenant's cost, within sixty (60) days of receipt of written notice from the Landlord that work on the Structure or Leased Premises is complete. 6. Notices. Paragraph 19 (Notices) of the Lease is amended by replacement of Tenant's address to read as follows: If to Tenant,to: Sprint Nextel Property Services Mailstop: KSOPHTO101-Z2650 6391 Sprint Parkway Overland Park,KS 66251-2650 RE: MS13XC821 With a copy to: Sprint Nextel Law Department Mailstop:KSOPHTO101-Z2030 6391 Sprint Parkway Overland Park,KS 66251-2650 Attn.: Real Estate Attorney RE:MS 13XC821 7. Landlord Costs. Within thirty (30) days of full execution of this First Amendment, Tenant shall pay Landlord the sum of One Thousand Five Hundred and No/100 Dollars ($1,500.00) for costs associated with reviewing and approving Tenant's requested modifications, including but not limited to attorney's fees, staff and administrative review time and third party consultant fees and expenses. 8. Miscellaneous. a. Except as specifically modified by this First Amendment, all terms and conditions of the Lease remain in full force and effect and are hereby ratified. In the event of a conflict between any term or provision of the Lease and this First Amendment, the First Amendment shall control. 408036 RJV RC145-2 �� � b. All capitalized terms in this First Amendment, unless otherwise defined herein, will have the same meaning as the terms contained in the Lease. c. This Amendment may be executed in duplicate counterparts, each of which will be deemed an original. d. Each party represents and warrants that it has the right, power, legal capacity and authority to enter into its respective obligations under this First Amendment. IN WITNESS WHEREOF, Landlord and Tenant have caused this First Amendment to be executed by each party's duly authorized representative on the date written below. LANDLORD: TENANT: City of Richfield Sprint Spectrum Realty Company,LP By: BY� Its: Mayor � Its: By: By� Its: City Manager Its: Date: � Date: The r�emainder of this page intentionally left blank 408036 RJV RC145-2 � 9 G� Exhibit B-1 See Attached Drawings 408036 RJV RC145-2 �E%ISiinG OiHF.a rnRRIER \ ` ----� Sprint , SEE EQUIPMENf IAYOUTS SHEET A-2 ' / �ExiSiirv6 wn1"cR TOwEF�EG,tta. �- j/ �� OVERWND P�K�141NSASA66251 ��� I I �� �� I / I _' �� � �� SPRINr 20'x24'LFASE - //�\ . ME4 AND FENCED ARFA � I I— � �/ i� —� -\� - uG BiiuMlt�0u5 Pn �xl5ii �� � V �� l/� i \ /� TH _ � �y \ I �\) I� I ` �i� / —~ �\ \�� �-qxiSnNC.t. wiDE [ � � \ � CCE55 FnSEMEMT �� � \�__f�._ vi __ �\\ i\\�, . � ,� , -� �. � BLACK&VEATCH � �-------� � � ��� A� � Q-�. ___ �� � I �� �-� ��. � ----------- j ��\�� - � I � � I I \ \ PR0.IECT N0: 12.OQ117 I I � \ DRAWN BY: RPW I \ t CHECKED BY: UO � I 1 ' I I I I I ' � I �/ I � I � to/u/iz ' I ' �o/m/is I � / WsLu I � � .. I I � � siwm ow.ss n nic m�cr wmno I I � � on.xor�w me. oowu ��n�un�m rr'KK'ox¢r � Er.iSiiNC io'wioE I I / / ��dcxEd iµ�ou�uc a�i�[ uilLltt EnSEMErv�-� I � � x� � � ��� MINNESOTA � � � � 10-23-12 x,,47985 �\y / / i��� — I J.ODLAND I � � � �i /� � � � /� � � �� I � �� I �/ � rt rs n��.=anxiw�0R me rta�ox ExisriNC uriurr ao�E � / / or n � I NEER 10 � I / / PLiFR i114 ttCVNIX! I / / MS13XC821 / / 35W & 494 RICHFIELD W.T. i I � � 7401 LOGAN AVENUE S. �� RICHFIELD, MN 55423 . / I I/ / SHEEf TITLE i � � OVERALL SITE PLAN I ,� , N � �� // SHEEf NUNBER NOTE: OVERALL SITE PIAN PRE-CONSTRUCTION WALK sa�:X;-r-o• ' REQUIRED WITH OWNER AND S.E.H. A-1 � \ � i s'-a' NOTES \ 1. CONOUR ROIITNG 5 OI4GRiA1MAi1CALLY SHOYN ON PfANS ANO M1RE ONLY i�/%� MGRO%IMAilONS.T1E FXAC7 LOUTION IVlO ROUTNC SINLL BE Fl0.D VERIFlm. N 2. ALL ELEGTRIGL EWIPNENi qN0 CONTROWNC DEVIC6 SH41 BE GRPII�ED Spri nt WITH IANIC010 N�MEMIES,INDIGTING ME CIRCUIIS ORICIN4PON AND ALL � EQUIPNENT IFRNIN.�TONS. � � � 3. CONiW�CTOR SHqLL SUPPLY BRFNCOtS,IXINDUIIS AND CIRCVIT CONWCroRS. 6580 SPRIM PARKWAY 0.5 REOUIRED fOR N CONPIEfm SYSTEM RND SHALL BE IN COMPLL4NCE O�ERIANO PPt2K,KMISAS 66251 E% GB. E::i�iiNf.GnB� ExiSTirv�Cn6. �E%ISiING TF.LCO Np M�iH A4NUFNCNRQt SPECIFlGTONS. vvC!OAD CEniER 4. PROPOSEb CpBINEf lDGT10N5 ANO MOUMING DINpJgONS ARE qPPROXIAMTE FND IN RElhT10N ttf IXISTNC AND PROPOSm SRtUCR1PFL SIEEL.�IMENSIONS PRE 805m ON CEN1ERl1NE OF STRUCIURPI$lEp,pND AS IN�IGiEO IXJ ExiSiING SPRINi� SHEEf 5-1,UNLE55 NOiEU OiHERN'ISE.COMRACTOR SNAIL FlFJ,D VERIfY IXISTNG qN0 PROPoSED SRiVCR1FAL SIEEL LOCAPONS.0.FARANCES, CDNCREiE PnD CONNECTIONS,EfC.AND SIl4LL VERIFY EOVIPMENT MOIINiING DIMENSIONS,PER WiNUFRC7LRER'S ORAWINGS,PRIOR TO INSTAflAi10N.SE£SHEET S-i. 5. COMINC�pR SW1LL INS�PLL GRATING MID FLWDRNLS WNEN IXI$11NG SPRIM E�UIPMOJT IS RENOVm.CRATNC 511ALL SPPN IN TiE CORRECT DIRECTION l5 INOICRTED ON SFIEEf 5-1.FI4NORNLS SHALL BE INSTALLID WHEftEVER iHERE '' -- IS A CAP OR OGENINC IN ME FWNDRPIL IN ACCARDANCE WRN DEfAIL ON SHEET S-2 OR WIIFi QlGINEER'S OIREClION OR RE�tIIREMENTS. Exi>iING ENISTING Exi[Tinr. g, IXISIINC SPRIM LEASE ARFA SHqYN IS RPPROXIIMTE.CANIWdTOR TO VERIFY EMFiT CuB. EMPT CnB EMFtt CAB. IFAhE NRFA WIRI IANO YJRVEY. � f�BE BLACK 8�VEATCH iM BE lo sE REMOVEO O D R[u0vE0 a ,' � 15'-4� � (})PROPOSED tElCO&PdNER EROJECT N0: 12.00117 CONOUII$FROM E%ISfING TELCO 4 EXISTING EOUIPMENT LAYOUT scv.E:a�e•-r-o• q PPC LMO CENiER TO PROPOSm DRAWN BY: RPW EOUIPMENT(SEE SHEEf E-1) CHECKE�BY: IJO 15'M" /-ExiSiiNG iELCO nrvD � - / PPC LGND CENSER E%ISIINC SPRINT EpUIPMENf TO BE REMWE��PON CONPlEfION N OF EpUIPMEM MIGRATON EXISiINC SPRINi CONCaEtE Fn0- ---�° _ - ta/u/is (3)PROPOSm 1ELC0 k PON'ER m/us/�z �� Wn/tz Cw CONOUIIS FROM IXISIINC TELCO k PPC WAp CENRTt ttl PROPoSED � o6��b FAUIPNENf(SEE SHEEf E-1) '��n� PROPOSEO � �d MMBS-BATIERY e d E%ISiiNG fAB. ExiStirvG C48. ExISiiNG CaR GBINEf i11E�m ppMxc is�x^u�mpiaKq'q¢pro ///���E%ISiING iELCU M FM.NOL 1FE E p5Nfl1E. / PPC LOnD G[�iTF.R o �� �o'M�SFA� �ON���ox&T ,-' �� � L/ rxo�.s�iu fwc'wr�w,'� ws or nc ( MINNESOTA E%IStING SPRINi I �� �10-23-12 �y,x,47985 i o � smre � CONCP�TE PnD� 3'MIN. � — `��v - � - I '�'J.ODLAND N� (J)PROPOSED HYBRID CABIES 6'-6' ROViW 10 IXISTNG CONWR GROPOSm FOR RESPECINE ANTENN45 PROPOSED GPS NMBS-BBU PROPOSED ep e��-BBUOGBINEi �BINEf - MMBS-fl4iiERY PROPOSED G181NET �. n VlolAlpN Or uw fDR Nrv PExSa+. �A IICFISF�D P�ROfF.451�dGxFExE[T]x RLiFN 11M DOCWE1ll. ' r� 3'MIN. o' ,� vaovosm MS73XC821 �'"�T - N 35W & 494 RICHFIELD W.T. 6'-6' (a>PROPOSED HYBRIO GffiES NOTE. 7401 LOGAN AVENUE S. ROUIED TO E%ISfING CpNDUR FOR RESPECTNE ANiENNAS PROPoSED CPS +z•s•a � z > a s e r PRE—CONSTRUCTION WAIK RICHPIELD, MN 55423 M p P�r"osm e REQUIRE� WITH OWNER AND S.E.H. MM85-BBU CRBINEf ���D SHEET TITLE INTERIM EOUIPMENT LAYOUT sca�:a/s•=i'-o' B FINAL EOUIPMENT LAYOUT scv.E:as w�n � EQUIPMENT LAYOUTS FENCE ---x— FlBER: — F — BBU: fl45E&JJD UNIT MMBS: MULTI MOOAL BASE STATION ICE BRI�GE: -"�"_ �- CDMrI: CODE DNISION MULT1Pl.E ACCESS PPC: POWER PROTECTION UNIT LEASE AREA: �"—"— POWER: —P— CMU: CONCREiE AMSONRY UNIT REf: REMOTE EIECTRICqL TILT SHEEf NUMBER CABLE TRAY: GPS: CtABN.POSITIONING SYSfEM RF: RqDlO FREOUENCY WOOD/IRON FENCE: O ❑ TELCO: —*— M/qC: HEATING VENTIIATON AIR CONDRiONING RRU: REMOTE RADIO UNIT /���1 r1 L GRAPHICS LEGEND � ACRONYM LEGEND �^.�.�, \ y L � NOTES 1. TOWER SIRIICRIRE pN4LY55 5 BEING PERFORNm 6Y OlXERS.SPRINT NEIWORK VISION INSTRWTION \ 3NLL NOT S�PRT VNiIL ENGINE�i RECENES COPY OF APPROVm SRtUCNRAL NW1LY515 OR 0.55EAUEM. 2 ftERR TO SRtIICIUp/�L qryqLY515 FOR MPROVEO GV�%.HYBRIO G9LE PIACEMEM. r/p ri n t 3. CONiAACTOR SHPLL INSfNLL HYBfiU GBLE SUPPORTS fli5m ON FOLLAWING SiRUCNRE IYPE: 6580 SPRINT PMKN'AY OVERIAN�PMK,NANSAS 66251 ExISiINC wniEF iOwER LEf.� \ / \ ExISnNG n^I�.�OBILF iENM0.� �� ExiSiirvG SiDEwnLL L�D�ER w �"`�"`"°E E*�s���� BLACK&VEATCH sPA�Nr ANreNN ev,su"w��c a'Fi�;r° � ' (�)Exi51iNC S�RiNi aMENNpS � NiEtINn — - LxI5i1NG Y 6RnCYCi�COnti.6RAGUEl,iYP. iG BE REMOVED UPOrv � CGUPLEiiON OF EOI�iPMEni (3)PROPoSED SPRIM PNTFNNAS �niN;FaiiOrv Rap CEHaER�➢ (SEE ANiENNN SCXWUI� F.LFVn1lDN i30'-0" El£VTON�130-0 NCL � � � :;-n"wNE e.��CONi'w/ / GBL6 A�TAECHE M�� PRQIECT N0: 12.00117 ._ rncFi iiaNOkniL (s)Ewsr�NC Garx. IX�S1WG NOVMING BRACNEf PROPoSED HY9R10 CABIE (i0 1S0'LEVEL),TP. DRAWN BY: RPW TO 8[P.EMO ED.TvO. HY9RI0 G1BLE SHNLL BE TO BE INSTA11E0 ON WMRE JACKEfm. CHECKED BY: WO IXISIING CLUSIER BRACNEfS ALONG GTNN.K l0E KICN. NOTE: WXTE JACKLElm.H41irP� PRE—CONSTRUCTION WALK FAGH SECTOR(SEE NOIE 3) REQUIRED WITH OWNER AND S.E.H. PROPoSEO HYBRiO GBLE TO BE INS�ALLED ON IXISTING ��rc°e�Rio�caeB�siw ae COAX ROUTING D TAIL No sa� g �vvi,z WHIiE JACKEIFD. 1YP.EACH SECTOR(SEE NOiE 3) ������ oysa/u NOTE PROPOSEb 5 I/2'DIAME(ER � NEOPRENE PqDDiNG 5 REOUIRE9 MOVNTING PIPE � RT P11 CNMP LOCqTI0N5. (��yqNIZED). G1P FACH ENO. PROPOSm 000 MHZ RRU TME��FM.�m^�w�� WRH FlLIER ��c�n nw wH.uu�ix ur�oxa�r CONiRACTOR TO INSfALL suvprviypx�imiu owx ucwsm PROPoSED$A1ISUNC AI'1GLE MOUNTING BW�CNEi ���� ����'1� RNRNNA%PE MOUM (�A�ONT PAFi�/81899 OR MINNESOTA aPPROVED E�UNa.ENi). p.,��10-23-12 �y,iy,47985 PROPOSm SWSUNO RRU I �J.ODL4ND MOUMING HARDWARE � PROPOSm BRFN(-OUT �/ —E%ISiING HAMD�NL CriJNOER(1YP,3 PlAC6) PROPOSm 1900 MNZ RRV � /\� >ROPoSm HYBRID �� PROPOSED HYBRIO (1 PQt SECTOR) FREOUENGY G4BLE5 ttJ Ga�SE�HYBRIO FREOUENCY EqCH RESPECiNE NJIENNA ���Sn�����R TM�, � OI�IKR6m PFbFF590�NLL�FNqN¢RFCnOx NOTES: °0q"1°"' PROPOSm PANEI ANiENWI 1. PROPOSED ANTENNAS INSTALLED SHALL W�NWMING INROWPRE do�: BE PAINTED TO MATCH THE EXISTING PROPpSE�XYBRIO BRENI(-OUf MS73XC821 CYIINDER ANO ENClA511RE. UETNL IS 1YPIGL FOR CONiRACTOR SWVJ.AIOIIM N-L TNREE(3)SECTORS 35W & 494 RICHFIELD W.T. WATER TOWER (VERIF`( COLOR). wm�ao�w�w�townae m Exisnnc 7407 LOGAN AVENUE S. 2. MOUNTING EQUIPMENT TO BE ��Sm JUMPQt(iYP IXisnl+a�xa+E. carv,n�K HaNOa<ii-� i RICHFIELO, MN 55423 GALVANIZED AND/OR PROVIDED IN A PROPOSm HYBRID J GBLE FliOM NEW NON-CORRODING MATERIAL. exisrinc Kica awrE— "Mes-eau cnei"`-r � 3. HYBRID CABLES INSTALLED ARE TO BE -�.- �-Exisrwc�.nrw��K \�ex�sriNC w,,�eF sHecr nn.e PROVIDED WITH MANUFACTURED WHITE rowca iec,rra. JACKETING �� TOWER ELEVATION coiurtucroR ro wsrnu & COAX DETAILS 4. NEOPRENE SHALL BE PLACED BERNEEN �G�p➢qPiER(RNDREW . P�RT�31)6fl4 OR ALL CLAMPS, BRACKEfS, ETC. AND novROVeo cpurvua»roa SHEEf NUNBER EXISTWG STRUCTURE. cwsmt ew�caer � MouHnNC. 800 1900 MHZ ANTENNA � A�3 SITE WEST ELEVATION r+o sca� A M NTIN R TING D q1 "o s� C TYPICAL HYBRID CABLE/BREAK-OUT DETAIL NO SGLE p � �9 . C�'C' PROPOSED ANTENNA SCHEDULE \ ANTENNA ANTENNA NUMBER OF RAD ANTENNA ELECT MECH EFF HYBRID CABLE JU�PER JUMPER RET RET CABLE RET CABLE SECTOR AN7ENNA MODEL AZIMUTH RRU MODEI RRU FILTER S p ri n t NUMBER MANUFACTURER HYBRID CABLES CENTER GAIN 0-TILT TILT D-TILT LENGTH SIZE LENGTH LENGTH MANUFACTURER MO�EL NUMBER 1A 800/1900 NHZ POWERWAVE P90-15-XIPP-RR ��SUNG HFC 80' 13�' 14.5/16.8 2/4 0 2/4 RRH-C?A!c RRH-P4 (i)800 MHZ FlLTER 285'3 1/2' 6'2 9.8' C�MMSCOPE ATCB-B01-003 1(PQ2 SECTOR) SAMSUNG HFC 6580 SPRINT PqRKN'AY Tq 800/1900 MHZ NMW El'-%-75-]0-75-62-18-iR-RO � (pQt SECTOR) Zar 13�' 13.4/15.9 3/2 0 3/2 RRH-C]A&RRH-P4 (1)800 MHZ FlLTEft 240'2 1/2' 6'i 9.8' COMMSCOPE ATCB-B01-003 OVERIAND PARK,KANSAS 66251 Iq 800/1900 MHZ POWERWFVE P90-15-%LPP-RR �MSUNG HFC 320' 13U' 14.5/16.8 9/0 0 9/� RRH-C7A&RRH-P4 (�)800 MHi FlL1ER Z�0't �/2� 6't 9.8' COMMSCOPE ATCB-B01-003 t(PQi SECTOR) 1/2' - GPS PCTEL GPS-TNG-HR-26NCM 1 - - - - - - - - - CPC7EL 10' - - - MR-400 NOTES; 1. THESE DRAWINGS HAVE BEEN PREPARED IN ACCORDANCE WITH TNE � RfDS SH£Ef TNAT WAS PROVI�ED TO UL7EIG ENGINEERS. � 2. CONTR4CTOR SHALL CONFIRM ALL PROPOSED RF DESIGN INFORMATION BLACK&VEATCH WITH MOST RECENT RF�S PROVIDED BY SPRINT PRIOR TO START OF CONSTRUCTION. NOTES � 1. IXISiING NNTENWS ARE COMA UNLESS NOTEO OIHERWISE � 2. DINFNSIONS OF IXISIINC NNlENN45 SGACING OR PIAhY1RM5 ARE MPROXIMAIE WNiPqCTOR SW1LL FlEID VERIVY PRIOR TO SfPRT OF CONSRtUCTION (SEE GENERNL NOTES,SXEE15 CN-1 AN�GN-2). 3. PROPOSED SPRIM M'IENWS INCLUDE RESPECINE RRU'S WHICH SWJl BE PROJECT N0: 12.0017] MOUlRED 0!1 iHE PIPE BEHINO iHE ANiENNN SIMILAR ip IYAT SHdNN ON OEfAIL C,SNEET A-1. OR1WN BY: RPW 4. FlEID TO VERIFY IXISiING AZIMUiX BEFORE RELOCAiINC THE AMENN0.IF CHECKED 6Y: IJO REOUIRE�.PRIOR APPROVpL FROM SPfiINT TO BE CRPNIED BEFORE RELOCATION OF ANIENN45. - 5. FOR HYBRI�G18LE DMNEfER REFER 10 HYBRID CABLE 1YPE UEfMI ON SHEEf E-2,DkTNI G.SIZE WILL VPFY BASE�ON LENLTH OF RIIN, ANTENNALICROWAVE SCHEDULES tory/fx �n(o�(ix aa/n/�z ExISiINC�^/ATER ExISiiNC wa �"ExiSTiNG wniEF � ��� iOwER LEG,iiP. iOWCP.LEG,rivP. // LOwEft IEG.i1P, � (e.l E%iSiiNG ' � (4)IXISTNG SPRIM _ / Wd utM.x0��E N�i �aECOiro � S�RiM aniENrvaS qN1ENNN5 TO BE REMOVFD ��� p� UPON COMPLEIION 0� ucE�� iY -� 800/1900 MH ,��-� FAUIPMENT MIGRAl10N 800/1900 MH ��°� I��Y y-(T niiMUn� tS_� � niir�uTM (f—'� yn�¢ MINNESOTA �� I n 3Yp' \ iq 320' . � ��10 23 12 �, 47985 /�� `E�'SirvG 0'HER�a�� nZMLiH Ga -� ���ExS'NG OLiER � � AZInUYH Cb" / E%SIYG OTiE ��� A. � �ZMBiH j (`) CnRREPA�TENN/S �� e�� �ZM�JH .�) A�RftERnt�iE�Nn� � � 00 / � CnFFEP��PENNA., �� � Szo � ,zo ' l �`U �� �� I ' J.ODLAND �� / SECIOre t\� �� J�/ SECfOR 1\\\�5,,J 8tl0/1�900 MHZ / SECTOR 1 \ B00/1900 MHz zIUU1'H SEriOR 3 AZ�MU��� / SECTOR S �\ 8� SECTOR 3 ��� n�20' / _ �'-0' / I��� �� � I FPp e Vq'NM aF W FOA/.M' .19E IrnNC LN[EA iNE pR ��:uco+seo raorrssorui wuH¢x.ro� � � or u.m�iws oaawwr. 7 .wJ �Exisrinic orNEa C3)FROFOSm =_xisiwc orHea �- gpp�g00 MHZ \ c�eaice�NreNnns��� MS13XC821 C�RRiER�MENI�nS�// 800�1900 MHZ � CnRRIEF RNiEnnnS{� n _ _ __ ��� � e3PRIM AIJiENN0.5\1,.� �/ eSPRINi MIIENNAS � ) � vnm(z)eRU•s • � � wina(z)aau's \� % i � � / FJ.CX,ON NEW °' � FACH,ON Hex . " �� 35W dc 494 RICHFIELD W.T. ('�.A sEC*oa z � aive Noums ��, �� /,� aive a,ouuis �! .� //�� 7401 LOGAN AVENUE S. ���/ �� ���� sECros z�� ��� sccroR z �-� � RICHFIEL0. MN 55423 �, / � _�-_���, v 800/1900 MHZ \� 800/19p0 MHi PZIMNH NZIMUTH 2�. 2� Zar SHEc TIRE ntIMUTH l�iaui�H 20� exisrwc c,�rwA�u �° xisnNC aawun ���cqmwr, ANTENNA�MICROWAVE Hnr+oani� aNOeAi� � HA'noemi SCNEDULES & LAYOUTS INSTALL AMENN4 50 AS NOT TO INiERFERE N N WITH IXiSfiNG OTHER N SHEET NUMBER CARRIER PMENNA A-4 EXISTING ANTENNA LAYOUT r+o sca� A INTERIM ANTENNA LAYOUT No srn� B FINAL ANTENNA LAYOUT NO SCALE C � �+ \A .va° 7 AGENDA SECTION: CONSENT AGENDA ITEM# 4D REPORT# 194 STAFF REPORT . � CITY COUNCIL MEETING NOVEMBER 13, 2012 REPORT PREPARED BY: JAY HENTHORNE, DEPUTY CHIEF NAME,TITLL DEPARTMENT DIRECTOR REVIEW: �r SIGNATU REVIEWED BY CITY r� MANAGER: ' ITEM FOR COUNCIL CONSIDERATION: Consideration of Continuing Agreement for 2013 with Hennepin County and City of Richfield/Public Safet Department/Police for Police Cadet Funds and JCPP Training Funds. I. RECOMMENDED ACTION: By Motion: Approve the 2013 Agreement with Hennepin County Human Services and Public Health Department and the City of Richfield Police for continuing funds for a Police Cadet position and JCPP trainin . The funds available for 2013 will be $20,000. II. BACKGROUND Hennepin County has presented an agreement on behalf of the Hennepin County Human Services and Public Health Department to furnish a Police Cadet position for the City of Richfield and its Police Department along with multicultural training for department personnel. The agreement is a continuation of the 2012 agreement and is for the period commencing January 1, 2013 and ending December 31, 2013. The cost of the agreement will not exceed $20,000 for 2013. 111312 Police Cadet Agreement with Hennepin County for 2013 III. BASIS OF RECOMIV�NDATION A. PoLICY • As in the past, Richfield Police would be responsible for the recruitment, interviewing, testing and enrollment of a Cadet into its department. • The Cadet will participate in the training and day-to-day activities required by the police department, and the department will coordinate activities of the Cadet in conjunction with the Hennepin County Joint Community Police Partnership (JCPP). • The activities that Hennepin County has laid out to achieve the County's project goal are in agreement with the testing process that the Richfield Police has in place to fill the position of Police Cadet. B. CRITICAL TIMING ISSUES • The agreement should be signed and steps taken to appoint a Police Cadet as soon as possible. C. Fn��vclaL • The total cost of this agreement shall not exceed twenty-thousand dollars ($20,000) to be paid by Hennepin County in accordance with the terms of the agreement. • $15,000 is to be used for the Police Cadet position. • $5,000 is to be used for Multicultural training. D. LEG�., • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATNE RECOMMENDATION�S� • The Council could not approve the agreement which would make the agreement null and void with the County and no Cadet could be hired due to department finances. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 111312 Police Cadet Agreement with Hennepin County for 2013 �l I �� RESOLUTION NO. RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETYJPOLICE TO ACCEPT FUNDING FROM THE HENNEPIN COUNTY DEPARTMENT OF HUMAN SERVICES AND PUBLIC HEALTH FOR A POLICE CADET PROGRAM WHEREAS, the County ofi Hennepin, State of Minnesota, through the Hennepin County Human Services and Public Health Department, has identified the City of Richfield as a segment of the County that is in need of Cadet and Multicultural Training services; and, WHEREAS, the County of Hennepin has funds available and wishes to purchase such services from the City ofi Richfield/Police; and, WHEREAS, the City of Richfield/Police will provide Cadet and Multicultural Training services through a cost reimbursement contract described as "training and educational opportunities in conformance with police department rules and procedures, and will provide recruitment, interviewing, supervision, support and training to selected cadets;" and, WHEREAS, Richfield Public Safety/Police has agreed to the terms as set forth in the Human Services and Public Hea(th Department Provider Agreement and will sign such agreement upon Council approval of this resolution; and, WHEREAS, City Manager Steve Devich and Public Safety Director/Chief of Police Todd Sandell are hereby authorized to execute such agreement, and Todd Sandell is authorized to facilitate and make available whatever is needed to carry out the terms of the agreement; and, WHEREAS, the agreement wi{{ be in effect from January 1, 2013 through December 31, 2013. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield, Public Safety Department/Police will accept the provisions of the agreement and receive reimbursement as detailed in the agreement for Cadet Training services. Adopted by the City Council of the City of Richfield, Minnesota fihis 13th day of November, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 111312 Resolution to Accept New Grant Funds from Hennepin County for JCPP Cadet Program AGENDA SECTION: CONSENT AGENDA ITEM# 4E REPORT# 195 ' STAFF REPORT • r CITY COUNCIL MEETING NOVEMBER 13, 2012 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER 1 N,9n�tc TiTGE !�, A �..�., DEPARTMENT DIRECTOR � r...,_..� ,,.. REVIEW: - _,� . - SIGNATU - :' � ! REVIEWED BY CITY � �� � � �� � MANAGER: � ITEM FOR COUNCIL CONSIDERATION: Consider a site plan amendment to allow construction of a 900 square foot building addition at 609 74th Street West. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution granting a Site Plan Amendment for a buildin addition at 609 74th Street West. II. BACKGROUND Last year the City Council approved the rezoning of the property at 609 74th Street West from Multi-Family Residential (MR-2) to Service Office (SO) to allow for low- intensity business use. The building is now used as a sales and service office for Nichols Electronics, which sells and services electronic music boxes for ice cream trucks. No retail sales take place, or are permitted, at this location. The building also serves as the registered business office of the owner's real estate holding companies. Owner Mark Nichols is proposing a 900 square foot addition to the south side of the building. The building addition will be const'ructed in a portion of the existing parking lot and will eliminate five surplus parking spaces. Architecturally, the addition will be constructed to match the existing structure. 111312 - 609 74th St W ASP III. BASIS OF RECOMIV�NDATION A. PoLICY • The existing eastern setback (adjacent to a duplex) shali be maintained at 20 feet (minimum requirement is 5 feet). The rear setback (adjacent to Woodlawn Terrace Mobile Home Park) shall be reduced from 56.7 feet to 26.7 feet (minimum requirement is 5 feet). • The expanded building requires 9 parking stalls; the proposal includes 16 parking stalls. • The proposed building addition will not increase impervious surface because it will be constructed in an area that is currently used for parking. • The site remains in compliance with all other Code requirements. B. CRITICAL TIMING IssUEs • 60-DAY RULE: The 60-day clock `started' when a complete application was received on September 17, 2012. A decision is required by November 16, 2012 OR the Council must notify the applicant that it is extending the deadline (up to a maximum of 60 additional days or 120 days total) for issuing a decision. C. FINANCIAL • The required application processing fee has been paid. D. LEGAL • A public hearing to consider the proposed request was held before the Planning Commission on October 22, 2012. No members of the public spoke. • Notice of the public hearing was sent to properties within 350 feet in accordance with State and Local requirements. • The Planning Commission recommended approval of the proposal (7- 0). E. ENVIRONMENTAL CONSIDERATIONS • None N. ALTERNATNE RECOMMENDATION(S� • Deny the requested site ptan amendment with findings indicating that the requirements necessary to issue it are not met. V. ATTACIIlVIENTS • Resolution • Site plan approval requirements • Site plans • Planning /zoning maps VI. PRINCIl'AL PARTIES EXPECTED AT MEETING • Mark Nichols, owner �'/� � RESOLUTION NO. RESOLUTION GRANTING APPROVAL OF A SITE PLAN AMENDMENT FOR 609 74TH STREET WEST WHEREAS, an application has been filed with the City of Richfield which requests approval of site plan amendment for the parcel of land located at 609 74th Street West, . legally described as: The west quarter of the north 5 acres of the Northwest Quarter of the Southwest Quarter of Section 34, Township 28, Range 24 except the west 175 feet thereof, Hennepin County, Minnesota WHEREAS, the requested site plan amendment has been reviewed by the City Council and meets City requirements; and WHEREAS, the proposed site plan will adequately serve the purpose for which it is proposed and will not have an adverse effect upon the public safety or general welfare; and WHEREAS, the City has fully considered the request for approval for the site plan amendment; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. AII landscaping, including fences, must be continuously maintained and not be unsightly in appearance or in a state of disrepair; 2. All trash must be stored inside the building; 3. The applicant is responsible for obtaining all required permits, compliance with all requirements detailed in the City's Administrative Review Committee Report and compliance with all other City and State regulations. Permits are required prior to the commencement of any work; 4. This approval shall expire one year following the date of approval unless a building permit has been obtained and construction begun. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of November 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk � V/� Site Plan Approval Requirements Subsection 547.13 a) Consistency with the various e/ements and objectives of the City's /ong range p/ans, including, but not limited to, the Comprehensive Plan; With the addition, the building will have a gross floor area of 2,038 square feet and continued use for a low- intensity service business is planned. This is consistent with the Neighborhood Commercial designation. b) Consistency with the purposes of the Zoning Code; The proposal is in keeping with the purpose of the Zoning Code and the Service Office District. This District is intended to provide locations for low-intensity, small office businesses in a residential neighborhood setting. c) Preservation of the site in its natura/state, insofar as practicab/e, by minimizing tree and soil removal, and designing any grade changes so as to be in keeping with the general appearance of neighboring developed or developing areas;The building addition will be constructed entirely upon area that is currently used for parking. All current landscaping shall remain intact and no grade changes are proposed. d) Creation of a harmonious re/ationship of buildings and open spaces with the terrain and with existing and future buildings having a visual relationship to the proposed deve/opment; The building addition will extend along the existing eastern setback and the exterior will be constructed to match the existing farade. Little visual impact is anticipated from any direction. e) Creation of a functional and harmonious design for structures and site features including: i. Creation of an interna/sense of order for the various functions and buildings on the site and provision of a desirable environment for occupants, visitors and the general community; ii. Appropriateness of the amount and arrangement of open space and landscaping to the design and function of the development; iii. Appropriateness of the materia/s, textures, colors and details of construction as an expression of the design concept of the project and the compatibility of the same with the adjacent and neighboring structures and functions; and iv. Adequacy of vehicular, cycling and pedestrian circulation, including � wa/kways, interior drives and parking, in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian, cycling and vehicu/ar traffic and arrangement and amount of parking so as to be safe, convenient and, insofar as practicable, compatib/e with the design of proposed buildings, structures and neighboring properties. A southern extension of the building will have little to no impact on the site or the surrounding neighborhood. Selected materials will match the existing building and parking shall remain in excess of requirements. There will be no changes to the amount of impervious surface or to the existing landscaping. �iF �� fl Creation of an energy-conserving design through design location, orientation and e/evation of structures, the use and location of g/ass in structures, and the use of landscape materia/s and site grading; Given that the proposal is an addition to an existing structure, there is limited opportunity to address issues of building orientation, etc. Open space requirements are exceeded. g) Protection of adjacent and neighboring properties through reasonable provisions for such matters as surface water drainage, sound and sight buffers, preservation of views, light and air, and those aspects of design, not adequately covered by other regu/ations, which may have substantia/effects on neighboring land uses; No changes to surface water drainage, sound and/or sight impacts, views, etc. are anticipated. . _-__ -- _..._ .__ ._....___ -..._ -.__-- - - -- ---- - ---- -__ ._._ _ . __._.__ _____ .__._ _- -_..___--- ------___ _ _____ ..._ .__. _--- _. _ .....__. ��`o�G��,� \ WEST 74TH STREET ; ��'� 57D.PLA"fE rifO5C� � YV __--- .._.- , . . _ --.._ ----______.._ __. ° l � . : � o ; BUILDING __ _ _ t . . , . . . �, � .� � m " ADDITION � . . . . . ,5�� i � � . � i �. - � � .�� � ; . . p�or�..���.�Ne • �d o._ - . 1��:'"aY I . . . . .�.._.._.. .:_..._..�..._.._.._., ..�.._..._:.:�..-.:.�..�..�_...._-------._._.__.�__._.._.._.....___�_-_---*� -�. � ._.__. _. �..__.._.._. _. _. _. 1 �i : _ . . � 6 ! � � �� EQUIPMENT LAYOUT j ' ji , �wSTi�� 6U9 WEST � i t^ZGQOP RAI��ENG� ! .�,; i i j �? PR�S��i�� 74TH ST, j M,�oerrP� \ � � I� RICHFIELD ' B-672 GONG. ' \ � ` � k-' � GUF?8 Ti-lROIIGHOUT�.. . . . _ G m � �( . . . f : � � �� : 36-��� ao 2a'-o° ao,-o° 6,-0 30-o�� Zo�-0�� � ;��._.._--•- -�_..____.____: .. _ �..�.. .----� � - -- ---_._ . _... .__ - - ------:_._u� ,� -- � ------ _- - -.._. ._._ __..� _. . .._ . . _...--�--_� • i ,, � �. �� _ _._' _ r� �� - . __�- .._� _- __ ._...- _\�. ' . . _ ._ .. .. ,.'r_.v:----- -....----'f:- � � .. . "( ��..,__. 5 ,�' T , �' ��. �-� � i . - i 13ITUM . ; \ / �, � ' UTILITY GONN.___:_. i _._------ - . .---' - PLAN t �� / PInVING ��:" \�\/// �- � ��- GAS,WHTH2, ;. : .-__----� --ls -- --`--=__.r �. '' I � . �" ( �-- F� 2 : ; �� � � � i� � n � � I� :.. , � . : �� ,ry ` NORTH � � � : .-. ;� � �' , ---___. _------_. _. . .�..___ ' ... � LOGATE N.G. I �I � (�---- 7 I:�fi'U I (AX\� � 51GN5�i�SLDG&GOL. G ' , � '( �tot�c C:�-a � � �� :�+k23" � ' !°� �.2 v,�� • j r�c \�� " ' : ,� � i �c . A ��, ,., — � : ..____._._.__.._ � � ��..___ 8 � ; I� - — - � � � � � j` ° � - � � � � � � ,� :: :_ ,, . � f Q ( �� .__--i.---- -_._ :�_.. � ; i i — — _ -- - ` !' , - -- -__ _ ..._. � — — -- - ; . r ' �� q �i�� �� _ � {: 1 �� �� �.� � �i cv -�- _— ���" � i . i�� � : . � /. .� I �� 9 - - - � r �r � - � --•---__.._�.�____: i � l + �j — — — ---- .. ; __ __..._ ___ ..__. C3 ____ _ �._ .f i� j: i il 70 � 30•-0• �+ �'� ��.�s -_---- . � �: �-_ . ___._ �-� ;i i �� C j :' � '� �z .r � � ,._. ----. .......__ , �: '� 17 GDNG. � �i I P��1CIN� si��: { ` ---- II PROP05EDADDITION (i - � � j 17 SPAGES �: - �' i; q " �� a�x tq' ^ � � : �._: � I ` 6'-0' � � ` __. _ � _,��..�rm. � 1 � i !i 12 � : I -•,ti-�.EXfSTIhlfy E' � ,, z'inHiTE �' � i 5Tt21PING : {� p gTU�Gp � ; . �! ' ti � 6,4RAC�E i ,F. -- - �.__�._.��.. -� 13 `^ _ i t4 j . �� t 16 � 7'7 � � �¢ � � � 5�� �� ; i i � 4 � 4� � �. ' �i � _ � � � i I i � � 36"ROOF �! � �' '-- *----- ��,«, � ��, I, o ; . � i ! � OVERHANG ;� �� ". ' < � i: � ----- ----- ; i �� �, --i-- { ii i I � � I +� : j� =.,�-- ' srv,z - ; ,: � ;; , . . , i , I � ; -+—---- :� . , � ___.....-------�- , .�. I . _��---- � , I � ,� • _ Ei� .�.: ! � ai-o ! c0 l i ��,,, - ; ------- ,, .__---__. ___ .____.___.___ _.._.._ .._ ..__. .. �._._.-_. _.._. ._ ._.�. o :; , � . ----_ ___.. . ----- � � Fr'.GE TO�AG�Oi=GURB ' ' ' , � i ; : -----�------_- .�, .`-X---..�:_=:___. X..-:,...-�:._="�'__X-�.,_....._..._..._,...�X.T:.-...�__. ..,--'-X.-�-:.-.:'-_-'._-:__X�.:�-:.::-� . .- ..-<.-X'_:"_. -__";_',�_:X-: .. �::.-w-':? ------` � --------- GHAIH LINK�uGE o.3{a-) ���•��� "11 PA�KING SPAGES-52.5 OGGUP,b.�tTS 50UTH O�f'S20P�2TY LIiVE (EXiST{MG) �. � 1 , SITE PLAN __ - __ __ A"1 1/8" = 1 ' _ , . , � � _ ,��/� Z-d ��'.� �: ; ;� _ -- __ _ _ _ __ _N011bn�l� H1flOS � ___ -- - - - - - - - -- - _ - - . - z � d � ; : . : /� , ; , , , - � � . , _ __ ._ - -� -- - - -- - - - . - _ , . . , . , . ____ � ___. __ ... _ _ '_: _ ._-:_-.- i-._:- - �.-_ ' ..'-G-=-..� - _ __ -__ __ - . 9N1151X3HJ1VW01 i".. _; ._' ' __ .: i : . : - ..'-" ' _ _ 9?Jf174NV>Il`dM3415M3N _-__ . .'_____.... ,. , _ _. , . . ; t ; �00?J 9NI161X3 : ; //' � �00?J M3N� ' ;-- : � _ ; �._. . . � �.__ _ �-___ *-_1 ' ' '_ 1� _' _ I ' � . __.� . .-:. . � " _' ''. ."_' _' ' _ _ ---- --- i- ; ! � : . :� ; - - - -- - __- - -- ; r�oiliaa�a�5odo�d ,::..� . ,- � � ' , � ; _ . ! � . ; , �- , _ _ i .. f , ----�- �--..:------ i� ` . -, � !-.•_ . ,. : .. . � , � !SIX3 �: � . _. .; ` r .:. : � � i� �_ H71t'WOlN?JVllld _ i i ' ' ��,�s ,' r_ , .. :. _.' -__ '_. __1 t _ .:t_ i , _, _, ' '- -;__ � _ i ;-' ...- -: ._ , . �; ; �: ... _._. ___ __ __ ___ ._--r- � ._. . . _ _ . --- -�--- i d0021 9NIlSIX3 � - i -� �:-- � d00?�M3N z�i�is � ».o � _ - � � � � , ____.__ f -_. � { ' I �_ - _ __ - . __ `_ r� __� - ___ - 9 I151X3 H71VW r ,.,..�.,�, I�.,o..��< i �- � `� � !� - --_ - ' -.:.. . .:- -- -�' --- -_. r-�- --r-�- --1 ---' --- - Ol WV39 35"IVd , . :.� -...-- .� -.__;. i::� - _.r_-__ i . � i i .._, . �_-.T � - : t � - -- - - -- --- ��- � �-- � - -� _ � i: . i -- -- - - - 1 i __i d00?J M3N -- _J �a ` __ F - - d00?J 9NI161X3 - -- - , �-: f -- - z� i_ - _; � : � ` � t_. i - - - -- � - - - - - - r- ��- - - -- -- - - � - '--r ' _'-_Tj '_ _ - t � �. " : : -'�-� ' - r. .� ; ' .. i _._i '- i . ' ' - �.�� ' .: � .. . � .:- _�.� �. ; �-�. i � i � -: i � i_: i . , - ----- - °---- . ..-- � --t - '- � - - -- - - - - - - - � -T-`—..r`--T- --L. 9NLSIX_G'iM3NLVOaj3hVb�UNtlH ?13b�1�Vy(INVINAB5355�b_b�3N19N=M�'� '_—_"_-__'-_-_'� I _ ���/..�_. Z� ��d�S ON Z_d N011dn��� 1Sb'� �5„� - - - ------ ---� _ , M�I n d O1 �00�1 £ ---- — `�.,-a'3 e� [a i-r� _s_ �a x �a'�a c. � � r. - ---- — �.�'S'����; 5''U ' ' £3�2� �C ._:."T�",t�-v =' _ --------- --------- -�r_r,��'?' - -. �. -�- _ --- -- -i"'I__"``J"2 . J . .. 3 .. Sf L'.- � T�'LS -_�""' _ " . �r ., � �� �.� � _ .�_,� _,._� .._, ..�,.��;������ ��: ���..����:. uoiiiaaba3sodo�� -- -� �-- �..��� � �a�nl�n�is �uilsixa�3����=�... :� �. • � _ �.�-��, � � � � �����° p F £ �:Y E� y�. ,fl. _--- $ ���s..�. j �. rF. .9 �.,- . -�. a E'f Y` _ ._� �� _ .L :t^`�"�°1:�"' °`�i " "'�:�.a��- :.:a.�..t�...- ....,c....� "�«"'�' ,`�- _ ei.aoN 9N1151X� H'�1HW Ol 9NI�OOZI I � Ntlld �RII$fR3�01 M3N 3 J.9 43a33N19N3 5355 -----------------------------1 � — 11 V/Y Z'bl N011bn��� 1S�M ` 9NlISIX3HJ1HW019?JfIJ4NV��VM3QISM3N � 921f174NV>Il`dM34159NIlSIX3 a�3i�H�ia .� -� _ _ ;��..,���;���,, .���.�-�, '1S H1tiL „� , � :���l� `F,�,�.�� �" �-� 1-�- �-�,�-'-; � � - 1S3M 609 o�ob � - � ��., �_.:� z �.- ,� ����_�;�i�I�'��,.'�;�<' �: 1llOAt/11N3Wd1f103 NOIlIQQdQ350dOZld � _�' .: �:_ . - �� ,�TJ(11'�(121159tJ1161X3; �r� ' '-�� `�s � _ . ����,�# {��.�, �--� 3 9NI151X3 � r � i ;�,.�`�,i, Fz"`�4��y �'� _ H71VW OlbVllld - _ .a �� 2..�..t L j-r ;'L::'1� r.t..;�'.� ..i..._, 9NI151X3 H�1VW NOillda�d OlWV39361V� �NI_I �OO� 9NI.LSIX� 9N1151X� H71'dW Ol 9N1�0021 �rvia�ina � � z� S1N3n�OOJ M3N NEW PILLAR TO MATCH E%ISTING Z''" g�_�.. 14,�, 3.-0.. 1' " �._6. 3.4.. Z5�_�Q.. 3.-0.. g_p^ /B�/ /� �. .. ,, ; , , BUILDING � ADDITION 14'6"— 14'-6" NOTE: � � � 3066 SPRINKLER REQUIRED FOR NEW AND EXISTING. �� `°BBY e CUT NEW DOOR SPRINKLER PLAN BY OTHERS ` oPeNiNC. `,6B EQUIPMENTLAYOUT \ PLACEMENTTBD � � NEW100AMP 609 WEST �' NEW A 1T10N S°B.P^NE 74TH ST. �� EXISTING - ` RICHFIELD ` � � NOTE: NOTE: MENS - \ 5"SLAB.4000 PSI 4"SLAB.4000 PSI y #3 REBAR 24"O/C EIW �� � \ 7/2"%t0"ANCHOR BOLTS @ WOMANS . � 5'O/C 8 WlIN 12"OF ENDS —1} 2%6 FRAMED WALL 16"O/C UTILITY q � EXISTING 200 I �-0� AMP� PLAN \ 3a68 � •�.. 8 0 .8� 6 10 - so,•o° y�•_a. - NORTH � FLOOR PLAN �� _ � � A"3 1/4 _�------- �,; o.� �.�_-- �— =_�----- ____ �— -- --- — — — — --------- ---- _--__---------- ----------__._—__---- _ _� — 3 ---1__—�— —�I—�I---- --y-----1------ " --�- ' -- \ \ / \ � \ /HAND FRAME FROM i NEW OVER EXISTING _ __ I NEW TRUSSES 24 O/C. EXISTING � ENGINEERED BY MANUFACTURER / \` / .�x�. .��_n_ \ � _.,_---�—siv,z--- � / --- ---_ -- _�..: � \ / \ _aa.---�-----— � � � � : ____—,— ------ ��� ;;, , � � � , i; � ,,;� ; �;, , ,i�%; 'r,. � / ------- _-- ' — - A - 3 �_ROOFING FRl�MING PLAN A"3 1%4" = 1 ' 609 74th St ��� M � Srte Plan Amendment - 11/2012 Surrounding Zoning R R R R R R __ R R -- -- R R R R -1 R R R --- R R ---------_ --- � � — R . � ---R--- � R - ---- – ----- ------ — R R R t2 R RR -------- -------------- -- - - � ---�--- ; R ; R R Q a - ---- --- ---- -- -_ ___ _ o ------- ----- - W ,J R a MR-1 R W R R R _ -_--- � V- � ----— R R Z --- ---- --- _.. _-- -- ---- ----- „�j R R C�I R � R R R . 74TH ST W a ft R C 2 C-2 SO MR-7 MR-1 MR-1 MR-1 MR R -- - C-2 -- ----- G2 MR-2 -2 MR-3 C_2 _ _ _- ---- ----- ---- MR-3 MR-3 C 2 ---- ------ ---- — --- - ____ .. MR-3 LEGEND �j MR-3 R-Single-Family Residentiai � — ------------ — MR-1 -Two-Family Residentiai MR-3 MR-2 -Muiti-Family Residential MR-3-High-Density Multi-Family Residential 0 50 100 200 300 400 SO-Service Office Feet C-2-General Commercial 1:1GIS\Community Development\StafflMelissa\ProjectslZoning Cases1609 74th St WASP-Zoning.mxd 609 74th St L �-$ Site Plan Amenciment - '11/20'12 � Surrounding Comprehensive Plan LI5}�-- ----l=�i�_ _ __G��---- ----_ __ - a LDR LDR LDR D LDR LDR --- - LOR �p� LDR D k --- ----- — LDR LDR LDR LDR D --- ------ --------- LDR -_--_..----- -- �a� LDR LDR LDR D R ------------- ---___ .__ LDR LD LDR D LRft (� LDR -- ---- ---- --- - - --- W LOR � LDR l_ D . D LDR Q Q ----- --- --- ----------_-- 0 -------- ---- --- W J D I_ a LDR LDR W LDR LDR p ____ _- -- - LL - (L� - LDR Z -- -- - a ------- - ------- -�-� LDR LDR C7 LUR LDR p D LDR 74TH ST W 50 ft R R CC CC NC LDR LDR LDR LDR LD L R R CC --- - CC MHD R C R ____. MHD R R CC ----- - ---- ---- MhID __-- MHD RC�, --------- --_------ - - —---- __.._._-_ _ .. .__ _tz_ _ ____._ _._-__.____ __ ..__. ' MHD N LEGEND � MH� LDR- Low Density Residential MHD-Medium-High Density Residential MHQ PRK-Park NC-Neighborhood Commercial 0 50 100 200 300 400 CC-Community Commercial Feet I:�GIS\Community Development\StafflMelissa\Projects�Zoning Cases\609 74th St WASP-CP.mxd AGENDA SECTION: CONSENT AGENDA ITEM# 4F REPORT# 196 STAFF REPORT � r CITY COUNCIL MEETING NOVEMBER 13, 2012 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER Na,uE,Tir�c DEPARTMENT DIRECTOR � REVIEW: S/GNATURE REVIEWED BY CITY `�J/ _ � ' �`� ` ��� t MANAGER: � , � �...� ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of pawnbroker and secondhand goods dealer licenses for 2013 for Metro Pawn and Gun, Inc. and University Cash Company, LLC d/b/a Avi's Pawn and Jewelry, and setting date of public hearing. I. RECOMMENDED ACTION: By Motion: Approve the setting of a public hearing to be held December 11, 2012, for the renewal of pawnbroker and secondhand goods dealer licenses for 2013 for Metro Pawn and Gun, Inc, and University Cash Company, LLC d/b/a Avi's Pawn and Jewelry. II. BACKGROUND The pawnbroker and secondhand goods dealer licenses will expire on December 31, 2012. Hearings must be scheduled and held before a renewal license may be considered. The renewal process has been initiated. Holding the public hearing on December 11, 2012 will provide ample time to complete the licensing process before January 1, 2013. 111312 Pawn Set Hearing III. BASIS OF RECOMMENDATION A. PoLICY • City ordinance provides that the City Council conduct a public hearing to consider all pawnbroker and secondhand goods dealer license renewals. B. CRITICAL TIMING ISSUES • N/A C. FINANCIAL • N/A D. LE�AL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S� • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 111312 Pawn Set Hearing AGENDA SECTION: CONSENT AGENDA ITEM# 4G REPORT# 197 STAFF REPORT . � CITY COUNCIL MEETING NOVEMBER 13, 2012 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: � S! A 2E � � ..._ REVIEWED BY CITY MANAGER: � ` { �� f ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of on-sale wine and on-sale 3.2 percent malt liquor licenses for 2013 for Red Pepper Chinese Restaurant, Thompson's Fireside Pizza, Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill, Patrick's Bakery & Cafe, Lariat Lanes, The Noodle Shop — Colorado, Inc., d/b/a Noodles and Company, and Joy's Pattaya Thai Restaurant., and settin date of public hearing. I. RECOMMENDED ACTION: By Motion: Approve the setting of a public hearing to be held December 11, 2012, for the renewal of on-sale wine and on-sale 3.2 percent malt liquor licenses for 2013 for Red Pepper Chinese Restaurant, Thompson's Fireside Pizza, Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill, Patrick's Bakery & Cafe, Lariat Lanes, The Noodle Shop — Colorado, Inc. d/b/a Noodles and Compan , and Jo 's Pattaya Thai Restaurant. II. BACKGROUND The on-sale wine and on-sale 3.2 percent malt liquor licenses for restaurant establishments will expire on December 31, 2012. Hearings must be scheduled and held before a renewal license may be considered. The renewal process has been initiated. 111312 Set Hearing Wine Holding the public hearing on December 11, 2012 will provide ample time to complete the licensing process before January 1, 2013. III. BASIS OF RECOMMENDATION A. PoLICY • City ordinance provides that the City Counci{ conduct a public hearing to consider all on-sale wine and on-sale 3.2 percent malt liquor license renewals. B. C�TICAL T11vmvG IssuEs • N!A C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATNE RECOMMENDATION(S� � F Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 111312 Set Hearing Wine AGENDA SECTION: CONSENT AGENDA ITEM# 4H REPORT# 198 STAFF REPORT � CITY COUNCIL MEETING NOVEMBER 13, 2012 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: ° � SIGNAT � REVIEWED BY CITY � MANAGER: ` „f-�- ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of on-sale intoxicating and Sunday liquor licenses for 2013 for Khan's Mongolian Barbeque, Champp's Operating Corporation d/b/a Champp's Restaurant, Minneapolis-Richfield American Legion Post 435, Fred Babcock VFW Post NO. 5555 d/b/a Four Nickels Food and Drink, Don Pablo's Operating Corporation d/b/a Don Pablo's, Wiltshire Restaurants, LLC d/b/a/ Houlihan's Restaurant & Bar, The Frenchmans, EI Tejaban Mex. Grill d/b/a EI Tejaban, Pizza Luce VII, and Financial Guidance, Inc. d/b/a Four Points by Sheraton, and setting date of public hearing. I. RECOMMENDED ACTION: By Motion: Approve the setting of a public hearing to be held December 11, 2012, for the renewal of on-sale intoxicating and Sunday liquor licenses for 2013 for Khan's Mongolian Barbeque, Champp's Operating Corporation d/b/a Champp's Restaurant, Minneapolis-Richfield American Legion Post 435, Fred Babcock VFW Post No. 5555 d/b/a Four Nickels Food and Drink, Don Pablo's Operating Corporation d/b/a Don Pablo's, Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar, The Frenchmans, EI Tejeban Mex. Grill d/b/a EI Tejaban, Pizza Luce VII, Inc., and Financial Guidance, Inc. d/b/a Four Points b Sheraton. 111312 Set Hearing Liquor h II. BACKGROUND The on-sale liquor licenses for restaurant establishments will expire on December 31, 2012. Hearings must be scheduled and held before a renewal license may be considered. The renewal process has been initiated. Holding the public hearing on December 11, 2012, will provide ample time to complete the licensing process before January 1, 2013. IIL BASIS OF RECOMMENDATION A. PoLICY • City ordinance provides that the City Council conduct a public hearing to consider all liquor license renewals. B. CRITICAL TIMING ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • NJA IV. ALTERNATIVE RECOMMENDATION�S� • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: CONSENT AGENDA ITEM# 4I REPORT# 199 STAFF REPORT . � CITY COUNCIL MEETING NovEMSER 13, 2012 REPORT PREPARED BY: CHRIS LINK, OPERATIONS SUPERINTENDENT NAn�;Trrz.E' DEPARTMENT DIRECTOR �y' REVIEW: u � � SIGNA G �: REVIEWED BY CITY - � ,�� , MANAGER: � ' f '�__ , ..-�� ITEM FOR COUNCIL CONSIDERATION: Consider setting a Public Hearing to continue the Street Light User Fee in 2013 I. RECOMMENDED ACTION: By Motion: Set the Public Hearing for the Street Light User Fee for December 4, 2012. II. BACKGROUND On September 22, 2009, the City Council established a Street Light User Fee to pay for the electric costs of operating the City's street lights. The resolution (Resolution No. 10292) establishing the fee included the following provisions: 1. The rates for the Street Light User Fee will be reviewed and established annually as part of the City's budget preparation process. 2. The collection of the Street Light User Fee will "sunset" in three years, December 31, 2012, unless council action is taken to reinitiate the fee. The use of a Street Light User Fee is part of a strategy to remove the funding of essential services like street lights from dependence on the State's Local Government Aid. Local Government Aid has proven to be undependable revenue. City staff is proposing to reinitiate the fee and leave the residential rate that was established in 2009 unchanged at $5.19/quarter. The commercial rates will also 111312StreetLightPH remain unchanged. This rate generates $269,154 a year in revenue. The cost of electricity for street lights is expected to be $299,320 in the 2013 City Budget. Attached is a draft resolution reinitiating the Street Light User Fee to be considered at the December 11, 2012 Council Meeting. This change will also be part of the Proposed 2013 Budget. III. BASIS OF RECOMMENDATION A. POLICY • State Statute and City Ordinance allow the Council to establish a Street Light User Fee by resolution. B. CRITICAL TIMING ISSUES • The existing Street Light User Fee is due to sunset December 31, 2012. C. FINANCIAL • The $269,154 in revenue from the Street Light User Fee is included in the 2013 Proposed Budget. • If the Street Light User Fee is not continued for 2013, it will leave a $269,000 hole in the General Fund budget. D. LEGAL • The City Attorney has reviewed the process and will be available to answer questions. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION�S� • The Council may choose not to proceed with reinitiating the Street Light User Fee but revenue reduction will leave a hole in the 2013 budget. • The Council could delay the decision on reestablishing the Street Light User Fee until some time in 2013. However, the Street Light User Fee would need to be removed from the Utility Bill starting in January 2013. � V. ATTACHMENTS • Draft resolution • Street Light User Fee Rate Factors Sheet VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None �� I RESOLUTION NO. RESOLUTiON ESTABLISHiNG A STREET LIGHT USER FEE TO BE CHARGED TO RESIDENTIAL AND COMMERCIAL PROPERTY IN THE CITY OF RICHFIELD FOR THE OPERATION OF A STREET LIGHTING SYSTEM. WHEREAS, the City of Richfield community values the operation of a street lighting system; and WHEREAS, every property in the City, residential and commercial, benefits from good streets which are well lighted and maintained through a city street light system; and WHEREAS, pursuant to Minnesota State Statues, Section 429.101 and Richfield City Code, Section 825, the governing body of a municipality may charge for certain current services provided by the municipality including the operation of a street lighting system. NOW, THEREFOR,E BE IT RESOLVED by the City Council of the City of Richfiefd, Minnesota as follows 1. Every property in the City of Richfield, residential and commercial, benefits from streets which are well lighted and maintained. 2. The initial Street Light User Fee for residential single family property is $5.19 per quarter for residential property. Rates for other land uses will be determined by the attached street Light User Fee Rate Factors Sheet. 3. The rates for the Street Light User Fee will be reviewed and established annually as part of the City's budget preparation process. Adopted by the City Council of the City of Richfield, Minnesota this 11t" day of December, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ��/'� Street Light User Fee RATE FACTORS SHEET Fees are based on Land Use Land Use Titles: COM -All commercial properties, to include multifamily residents (apartments) and industrial parcels. RES -All residentially coded parcels. PUB -Public buildings, i.e. City Hall, City Garage, and Fire Stations CHURCH -All Churches also to include cemeteries and activity buildings associated with a Church SCH -All schools, to include private and public schools. PRK -All parks owned by the City of Richfield, also to include Nature Centers and all "properties" located within city park parcels DPLX -Addresses that split a residential lot, to include townhomes, 3-plexs, and 4-plexs. LAND USE CODE MULTIPLIER To Bill FACTOR COM (acres>0.2) 5* (5 x ACREAGE) if acres<_0.2 ---- 1 RES ---- 1 PUB (acres>0.2) 5 (5 x ACREAGE) if acres s0.2 ---- 1 CHURCH (acres>0.2) 1.25** (1.25 x ACREAGE) if acres <_0.8 ---- 1 if acres <_0.2 ---- 1 SCH (acres>0.2) 1.25 (1.25 x ACREAGE) if acres <_0.8 ---- 1 if acres <_0.2 ---- 1 PRK 1.25 (1.25 x ACREAGE) DPLX ---- 0.5 * The multiplier of"5" is based on the definition that a residential lot is 1/5 of an acre, hence multiplying acreage by 5 produces the equivalent number of residential lots. *'� The multiplier of"1.25" " is based on the definition that a residential lot is 1/5 of an acre and multiplying acreage by 5 produces the equivalent number of residential lots. However, the total area of each parcel is not proportional to the number of street lights in an equivalent residential area so the factor of 5 is reduced by 75%, producing 1.25. AGENDA SECTION: CONSENT AGENDA ITEM# 4J REPORT# 200 STAFF REPORT r r CITY COUNCIL MEETING NovEMBER 13, 2012 REPORT PREPARED BY: JAY HENTHORNE,DEPUTY CHIEF NAME,TITLE DEPARTMENT DIRECTOR � � REVIEW: SIGNATURE REVIEWED BY CITY ��`{ ,� ,�,� MANAGER: `� ;j !� ITEM FOR COUNCIL CONSIDERATION: Consideration of a Grant Contract for $10,000 for Next Generation 911 (NG911) Funding I. RECOMMENDED ACTION: By Motion: Approve the contract for Grant Funding of $10,000 for Next Generation 911 Equipment II. BACKGROUND All Public Safety Answering Points (PSAPs) in Minnesota are converting to the Next . Generation 911 (NG911) high speed voice and data network for routing and delivering emergency calls. Costs associated with initial upgrades will be covered by the State 911 Program. The grant will cover the on-site preparation expenses that are not included with the costs covered by the State 911 Program. The Public Safety Department will be utilizing the grant for upgrading the Call Recording System and the charges by an electrician for adding two additional 110volt/20 amp power feeds, a receptacle plug, and an approved grounding system. 111312 NG 911 Grant III. BASIS OF RECOMMENDATION A. POLICY • The Public Safety Department has applied for and received a grant for $10, 000 to cover the on-site preparation expenses that are not covered by the State 911 Program. The Public Safety Department will be reimbursed through approval of this grant for the onsite preparation expenses that will be incurred. B. CRITICAL TIMING ISSUES • The grant expires on June 30th, 2013. Work must be done to the communications center so that it is NG911 compatible. C. FIlVaNCIal, • This grant will ensure all costs for the Phase 1 of the (NG911) Project will be covered. D. LEGAL • IV/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECONIlV�NDATION�S� • Do not sign the contract. However, the Public Safety Department will eventually be required to update our equipment at our expense. The (PSAP) phone system needs to be kept up to date in order to accept all forms of 911 calls in the future, including text messages and picture texts. V. ATTac�NTs • Resolution. • Grant contract VL PRINCIPAL PARTIES EXPECTED AT MEETING • N/A 111312 NG 911 Grant �i`�- � RESOLUTION NO. RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY/POLICE TO ACCEPT THE NG911 GRANT FROM THE STATE OF MINNESOTA WHEREAS, Richfield Police has been approved by the State of Minnesota to participate in funds made available for NG911 through the Emergency Communication Networks; and, WHEREAS, Richfield is scheduled to receive $10,000 to be used as designated by the grant agreement which mandates that the funds be used for NG911 onsite preparation. WHEREAS, Richfield has agreed to work with the State of Minnesota, Emergency Communications Network on fiscally managing the grant. WHEREAS, Richfield Police has designated $10,000 for equipment and necessary installation costs. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield, Public Safety Department will accept funds designated for NG911 Phase I upgrade to the Communications center Adopted by the City Council of the City of Richfield, Minnesot� this 13th of November, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 111312 NG 911 Grant r ���� F Grant Contract Number: 3-15497 STATE OF MINNESOTA GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safe , Emer�ency Communication Networks,445 Minnesota Street Suite 137, St. Paul,MN 55101 ("State") and CitX of Richfield, 6700 Portland Avenue South,Richfield MN 55423 ("Grantee"). Recitals 1 Under Minn. Stat. § 299A.01, Subd 2 (4)the State is empowered to enter into this grant contract. 2 State funds for this grant contract were provided under Laws of Minnesota Stat. 403.113 Subdivision 3. 3 All Public Safety Answering Points(PSAPs)in Minnesota are converting to the Next Generation 911 (NG911)high speed voice and data network for routing and delivering emergency calls. 4 The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Grant Contract 1 Term of Grant Contract 1.1 Effective date:November 15,2012, or the date the State obtains ali required signatures under Minnesota Statutes Section 16C.05, subdivision 2,whichever is later. Once this grant contract is fully executed,the Grantee may claim reimbursement for expenditures incurred pursuant to Clause 4.2 of this grant contract. Reimbursements will only be made for those expenditures made according to the terms of this grant contract. 1.2 Expiration date: June 30,2013, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices; 12. Publicity and Endorsement; 13. Governing Law,Jurisdiction, and Venue; and 1 S.Data Disclosure. 2 Grantee's Duties The Grantee,who is not a state employee,will 2.1 Purchase and install necessary equipment and/or network requirements for conversion from the Legacy 911 Network to the NG911 Network to meet PSAP readiness specifications as identified within the Enterprise Visions PSAP Site Survey document. 2.2 Ensure that all expenditures incurred meet PSAP NG911 readiness specifications. Expenses are limited to being explicitly related to minimum requirements for NG911 PSAP readiness and may not be extended for purchases that relate to PSAP needs outside the scope of NG 911 PSAP readiness. 2.3 Submit estimated expenses and/or quotes for expected work to Dana Wahlberg, 911 Program Manager,MN Department of Public Safety,Division of Emergency Communication Networks (DECN),prior to commencing the work. � 2.4 Complete all.specified acquisitions of equipment,network installation,or other identified ancillary improvements according to the DECN approved,PSAP specified project timeline to meet installation, pre-migration and migration scheduled deadlines. 2.5 Administer the grant according to the following budget: Bud et Cate o Bud et Amount E ui ment includin installation $10,000.00 2.6 Expend and request for reimbursement for only the amount required for the necessary installation costs,up to the grant amount. When project is complete,unused funds will revert to the state and may not be used for other purposes by the grantee. � NextGen911(03/12) 1 �� 3 Grant Contract Number: 3-15497 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract,time is of the essence. 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: Compensation. The Grantee will be reimbursed an amount not to exceed$10,000.00 according to the breakdown of costs in Section 2.5. (1) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract will be paid in the same manner and in no greater amount than provided in the current"Commissioner's Plan"promulgated by the commissioner of Employee Relations which is incor orated into this rant contract b reference. The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state, (2) Matching Requirements. (If Applicable.) Grantee certifies that the following matching requirement,for the grant contract, will be met by the Grantee: 0 000.00. (3) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed$10,000.00 4.2 Payment (1) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the following schedule: After migration to NG911, and not later than 30 davs after the end of this contract,the Grantee will submit a single, detailed invoice and supporting documentation for reimbursement of costs associated with this contract. (2) Federal funds. (Where applicable, if blank this section does not apply)Payments under this grant contract will be made from federal funds obtained by the State through Title CFDA number of the Act of . The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws,,ordinances,rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal,state, or local law. 6 Authorized Representative The State's Authorized Representative is Dana Wahlbe�� 911 Program Mana�er Division of Emer�encv Communication Networks. Minnesot:�De�partment of Public SafetX, 445 Minnesota Street Suite 137 St. Paul MN 55101-5137 �hone• 651-201-7546,email• dana wahlber�(a)state.mn.us,or her successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory,the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Represent�tive is Deb Erickson City of Richfield 6700 Portland Avenue South, Richfield MN 55423,phone: 612-861-9872 email• derickson(a�citvofrichfield.or�. If the Grantee's Authorized Representative changes at any time during this grant contract,the Grantee must immediately notify the State. Z NextGen911(03/12) � �I,� �I Grant Contract Number: 3-15497 7 Assignment,Amendments,Waiver,and Grant.Contract Complete 7.lAssignntent. The Grantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the sanne parties who executed and approved this grant contract,or their successors in office. 7.2Amendments. Any amendment tc�this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their sizccessors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant contract,that failure does not waive the provision or its right to enforce it. 7.4Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral,may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold,the State, its agents,and employees harmless from any claims or causes of action, including attorney's:Pees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn. Stat. § 16C.05,subd. 5, the Grantee's books,records, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. 10 Government Data Practices Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used,maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to reiease the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. 11 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2,pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a cansequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12 Publicity and Endorsement ' 12.1 Publicity. Any publicity regard�ng the subject matfer of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program,publications,or services provided resulting from this grant contract. 12.2 Endorsement. The Grantee must not claim that the State endorses its products or services. NextGen911(03/l2) 3 ` ' �,�/� Grant Contract Number: 3-15497 13 Governing Law,Jurisdiction,and Venue Minnesota law, without regard to its clioice-of-law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach,must be in the appropriate state or federal court with competent jurisdiction in Ramsey Caunty,Minnesota. 14 Termination 14.1 Termination by the State. The State may cancel this grant contract at any time,witli or without cause,upon 3Q days' written notice to the Grantee. Upon termination,the Grantee will be entitled to payment, determined on a pro rata basis,for services satisfactorily performed. 14.2 Termination for Insufficient Feinding. The State may immediately terminate this grant contract if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However,the Grantee will be entitled to payment, determined on a pro rata basis,for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the gr�nt contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State r�ceiving that notice. 15 Data Disclosure Under Minn. Stat. §270C.65, and other applicable law,the Grantee consents to disclosure of its social security number, federal employer ta,c identification number, and/or Minnesota tax identification number, already provided to the State,to federal and state t�agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state ta�c returns and pay delinquent state tax liabilities, if any, or pay other state liabilities. THE REMAINDER OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK NextGen911(03/12) 4 ` ��'� Grant Contract Number: 3-15497 1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual cerlifres thaf funds have been encumbered as requrred by Minn.Stat.§§16A.15 and 16C.05. By� (with delegated authority) Signed: Title: Date: Date: Purchase Order Number:3-15497 2. GRANTEE The Granlee cerlifies thal the appropriale per.ron(sJ have executed the gran[conlracl on behaljof the Grantee as required by applicable articles,bylaws,resolutions,or ordinances. By: Title: Date: By: Title: Date: Distribution: DPS/FAS Grantee State's Authorized Representative NextGen911(03/12) 5 AGENDA SECTION: OTHER BUS. AGENDA ITEM# ( REPORT# 201 STAFF REPORT � CITY COUNCIL MEETING NOVEMBER 13, 2012 REPORT PREPARED BY: J�M TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME,TITLG DEPARTMENT DIRECTOR � REVIEW: SIGNATURF. REVIEWED BY CITY . MANAGER: i ITEM FOR COUNCIL CONSIDERATION: Consideration of a preliminary request for a Community Celebration Event license and a Temporary On-Sale Intoxicating Liquor license, with a request for a fee waiver, for the Fourth of July Committee for events scheduled to take place at Veteran Memorial Park, July 1st through July 5th, 2013. I. RECOMMENDED ACTION: ' By Motion: Approve a Community Celebration Event License and a Temporary On-Sale Intoxicating Liquor license, with a fee waiver, for the Fourth of July Committee for the annual events scheduled to take place 1st through July 5th, 2013, provided that a carnival is omitted from the list of planned activities for the event and pending submittal of all food vendor license applications, fire permit application, electric permit application, required insurance certificates and payment of temporary liquor license fee. II. BACKGROUND Each year the Fourth of July Committee makes application for a Community Celebration event license and requests that the licensing fee of$5,000 be waived for the activities that take place throughout the City for this celebration. The Committee is again requesting a temporary on-sale intoxicating liquor license which would allow them to sell strong beer and wine coolers only, rather than just 111312 4th of July Celebration � 3.2 percent malt liquor as they have done in the past. They plan to sell strong beer and wine coolers on July 3rd only, with earlier hours of service than in past years to coincide with certain celebration activities. The Committee is not requesting a fee waiver for this license. Committee is planning an activity plan similar to last year including contracted services with Minnesota's Magic Midway, to conduct carnival services on park grounds from July 1 to July 4, 2013. The food concessions will be staffed by members of various organizations, most of which have been with the committee since the celebration began. The applicant has agreed to the following requirements for issuance of these licenses: • Pay the required licensing fee,for the temporary on-sale intoxicating liquor license allowing them to sell strong beer and wine coolers only. • Payment of all fees for each professional concession. • Proof of liquor liabifity insurance coverage. • A detailed activity plan of the days' events. • Agreement to contact food sanitarians from the City of Bloomington to ensure that proper food handling practices are followed. • Hire Public Safety Police Officers to patrol the area for this event. The City Manager submitted that attached memo to City Council on July 12, 2012, regarding an assessment of the 2012 Celebration. The memo indicated that deputies and officers initiated 19 calls for service in the park during the event (the number of actual police contacts was higher) and the majority of these contacts were near the carnival. These contacts included: disorderly conduct, assault and weapons violations. In addition, there were nine different street gangs identified in the park. More importantly, officers identified and arrested a 17 year old gang member and a 19 year old gang member in the park with guns. Officers made contact with a third individual leaving the park, who also had a handgun. The Police Department believes the carnival is the primary source of concern and attraction for the gang presence. To that end, staff recommends to approve the Celebration Event License and a Temporary On-Sale Intoxicating Liquor license, with a fee waiver, for the Fourth of July Committee for the annual events scheduled to take place July 1st through July 5th, 2013, provided that a carnival is omitted from the list of planned activities for the event. IIL BASIS OF RECOMMENDATION A. POLICY • Richfield City Code Section 1202.05 requires all applicants to comply with all the provisions of this code, as well as the provisions of Minnesota Statute chapter 340A. B. C�TICAL Trn�n�tG IssuEs • The temporary on-sale intoxicating liquor license, allowing for the sale of strong beer and wine coolers only, is valid for July 3�d only. C. F�rraNClaL • The required licensing fees have been received. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATNE RECOMMENDATION(S� • The Council could decide to deny or modify the request of a community celebration event license and a temporary on-sale intoxicating liquor license. This would result in the applicant limiting or not being able to conduct activities indicated on the detailed activity plan. . V. ATTACHMENTS • Memo to City Council dated July 12, 2012, regarding an assessment of the 2012 Celebration. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Katherine Robison of the Fourth of July Committee has been notified of the date for Council consideration of this request. CITY OF RICHFIELD, MINNESOTA / � Office of City Manager (� ' November 13, 2012 Council Memorandum No. 82 The Honorable Mayor and Members of the City Council Subject: Fourth of July Assessment — Public Safety Department Council Members: The City of Richfield assists the 4th of July Committee in hosting an annual 4th of July Celebration. The event culminates with a fireworks display in Veterans Park the night of July 4tn The Richfield Police Department, in partnership with Hennepin County deputies, provides a strong police presence and takes aggressive enforcement actions when appropriate during the evening of July 4th when the park is very crowded with large groups of people. This year, deputies and officers initiated 19 calls for service in the park (the number of actual police contacts was higher) and the majority of these contacts were near the carnival. These contacts included: disorderly conduct, assault and weapons violations. In addition, there were nine different street gangs identified in the park. More importantly, officers identified and arrested a 17 year old gang member and a 19 year old gang member in the park with guns. Officers made contact with a third individual leaving the park, who also had a handgun. Charges are pending on all of the suspects arrested. Violent Offender Task Force officers (VOTF), assisting in the security detail and familiar with gangs in the metro area, were surprised that Richfield didn't have more problems with the mix of Minneapolis north-side gangs present at the event this year. Although there may be a number of contributing factors for calls for service during 4th of July events, the Police Department believes the carnival is the primary source of concern and attraction for the gang presence. To that end, staff recommends that the City Council consider discouraging the inclusion of a carnival at future 4th of July celebrations in Richfield. If Council Members have any questions concerning this matter or wish to discuss it ' further, please let me know. Respectfully submitted, Steven L. Devich City Manager SLD:cak Email: Department Directors Assistant City Manager