111312completeagenda CITY OF RICHFIELD, MINNESOTA
TUESDAY, NOVEMBER 13, 2012
RICHFIELD MUNICIPAL CENTER
6700 PORTLAND AVENUE
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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
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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.
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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.
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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
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� 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
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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.
.
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MR-3-High-Density Multi-Family Residential 0 50 100 200 300 400
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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