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052813completeagenda CITY OF RICHFIELD, MINNESOTA TUESDAY, MAY 28, 2013 ******************************************************************************************************* SPECIAL CITY COUNCIL WORKSESSION BARTHOLOMEW ROOM 6:00 P.M. AGENDA Call to order Roll call 1. Discussion of future dispatch considerations Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Adjournment ******************************************************************************************************* REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Pledge of Allegiance Approval of the minutes of the (1) Special City Council Meeting of May 14, 2013; (2) Special City Council Worksession of May 14, 2013; and (3) Regular City Council Meeting of May 14, 2013 PRESENTATIONS 1. Presentation and receipt of the City of Richfield Comprehensive Annual Financial Report for the fiscal year ended December 31, 2012 (Council Memo No. 41) Staff Report No. 93 Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 2. Presentationof Government Finance Officers Association Distinguished Budget Presentation Award to Finance Manager Chris Regis (Council Memo No. 42) COUNCIL DISCUSSION 3. Council discussion  Hats Off to Hometown Hits Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ AGENDA APPROVAL 4. Council approval of the agenda CONSENT CALENDAR 5. 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 continuing the public hearing to consider plat approval for 6330, 6400 and 6430 Lyndale Avenue (the former Lyndale Gardens Center and adjacent commercial property to the north) to June 11, 2013 S.R. No. 94 B. Consideration of approval of a resolution modifying a Health Care Savings Plan for eligible Management employees S.R. No. 95 C. Consideration of approval of a resolution modifying a Health Care Savings Plan for eligible International Union of Operating Engineers (IUOE), Local 49 bargaining unit employees S.R. No. 96 D. Consideration of approval of a resolution authorizing a corrected certification of unpaid water, sanitary sewer and storm sewer water service charges to the County Auditor S.R. No. 97 E. Consideration of approval of a resolution authorizing a new four year contract to provide two police officers as Juvenile Investigators/School Liaison Officers to School District #280 at Richfield High School and Richfield Intermediate School, along with other schools in the district as necessary S.R. No. 98 F. Consideration of approval of scheduling a public hearing for June 11, 2013, for the consideration of a new on-sale wine and 3.2 percent malt liquor licenses for The th Noodle Shop, Co. – Colorado, Inc., d/b/a Noodles & Company, 1732 East 66 Street, Richfield, MN S.R. No. 99 Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 6. Consideration of item(s), if any, removed from Consent Calendar Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ PUBLIC HEARING 7. Public hearing regarding proposed ordinances to amend certain sections of the Richfield City Charter:  An ordinance relating to city government, modifying and clarifying procedures for initiative referendum and recall; establishing penalties for specified election misconduct; amending Sections 3.09, 5.01, 5.04, 5.05, 5.06, 5.07, 5.08, 5.11, 5.12, 5.14, 5.15, 5.16, 5.17, 5.18, 5.19, and 5.20; repealing Section 5.02; and adding a new Section 5.22 to the Richfield City Charter;  An ordinance relating to city contracts; amending Section 6.05 of the Richfield City Charter;  An ordinance relating to expenditure of public funds for public purposes; amending Section 7.01 of the Richfield City Charter;  An ordinance relating to city contracts; amending Section 8.04 of the Richfield City Charter; clarifying capital improvement projects that require a public hearing; increasing monetary limits Staff Report No. 100 Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ PROPOSED ORDINANCES 8. Consideration of a second reading of an ordinance related to the private use of boulevards and unopened rights-of-way amending Section 811 of the Richfield City Code and resolution authorizing summary publication of ordinance Staff Report No. 101 Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ OTHER BUSINESS 9. Consideration of approval of the bid minutes/tabulation and award of a contract for the renovation and design options of Fire Station #2 Staff Report No. 102 Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ CITY MANAGER’S REPORT 10. City Manager’s Report Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 11. Claims and payrolls Open forum (additional 15 minutes if more time needed after first Open Forum and by majority vote of the City Council) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 12. Special City Council Closed Executive Session in Babcock Conference Room to consider an offer to purchase real property located at 6414 - 17th Avenue and to have an attorney-client discussion related to initiation of litigation to acquire remaining properties included in the Richfield Parkway Improvement Project that have not yet closed, including the following: 6314 - 17th Avenue; 6320 - 17th Avenue; 6408 - 17th Avenue; 6426 - 17th Avenue; and, 6344 - 17th Avenue 13. Reconvene Regular City Council Meeting in Council Chambers 14. 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 COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Meeting geco e Advisory Board/Commission Applicant Interview May 14, 2013 CALL TO ORDER The meeting was called to order by Mayor Goettel at 5:45 p.m. in the Babcock Room. ROLL CALL MEMBERS PRESENT: Debbie Goettel, Mayor; Pat Elliott, Sue Sandahl; Edwina Garcia; and Tom Fitzhenry. INTERVIEW OF APPLICANTS The City Council conducted an interview of the following applicant for appointment to a City Advisory Board and Commission: Tiffany Egan ADJOURNMENT The meeting was adjourned by unanimous consent at 5:50 p.m. Date Approved: May 28, 2013. Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY COUNCIL MINUTES Richfield, Minnesota geer*CeCt Special City Council Worksession May 14, 2013 CALL TO ORDER The meeting was called to order by Mayor Goettel at 6:00 p.m. in the Bartholomew Conference Room. ROLL CALL Council Members Debbie Goettel, Mayor; Pat Elliott; Edwina Garcia; Sue Sandahl; and Tom Present: Fitzhenry. Staff Present:: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Kristin Asher, Assistant Public Works Director/City Engineer; Robert Hintgen, Utilities Superintendent; Chris Link, Operations Superintendent, and Cheryl Krumholz, Executive Coordinator. Item # I PUBLIC WORKS DISCUSSION ON CAPITAL INVESTMENTS FOR STREETS AND SIDEWALKS Public Works Director Eastling and Assistant Public Works Director/City Engineer Asher discussed the capital investment strategy, including existing conditions and maintenance of sidewalks and residential streets, funding considerations, and an update on identified capital improvement projects. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:47 p.m. Date Approved: May 28, 2013 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota gc:64#ced Re ular Meeting May 14, 2013 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:00 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Tom Fitzhenry; Edwina Garcia; and Pat Elliott. Staff Present: Steven L. Devich, City Manager; John Stark, Community Development Director; Mike Eastling, Public Works Director; Todd Sandell, Public Safety Director; Jim Topitzhofer, Recreation Services Director; Bill Fillmore, Liquor Operations Director; Pam Dmytrenko, Assistant City Manager/HR Manager; Kristin Asher, Assistant Public Works Director/City Engineer; Mary Tietjen, City Attorney; and Cheryl Krumholz, Executive Coordinator. OPEN FORUM Claire Plank Gahler, 7445 Fourth Avenue, spoke about Crosstown Creativity, a new arts group in Richfield. PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Fitzhenry, S/Garcia to approve the minutes of(1) Special City Council Meeting of April 23, 2013; (2) Special City Council Worksession of April 23, 2013; (3) Regular City Council Meeting of April 23, 2013; and (4) Special City Council/HRA/Housing Visioning Task Force Meeting of May 7, 2013. Motion carried 5-0. Item #1 PRESENTATION BY HENNEPIN COUNTY COMMISSIONER DISTRICT#5 RANDY JOHNSON Council Meeting Minutes -2- May 14,2013 Commissioner Johnson discussed Hennepin County's 2013 state legislative platform priorities. Item #2 PRESENTATION OF CERTIFICATES OF APPRECIATION TO MISS RICHFIELD AMBASSADOR CANDIDATES AND CURRENT JUNIOR AMBASSADORS (COUNCIL MEMO NO. 36) Mayor Goettel presented the certificates of appreciation. Item #3 PRESENTATION BY RICHFIELD CHAMBER OF COMMERCE REGARDING SMALL BUSINESS HALL OF FAME INDUCTEES: LINDEN HILLS FLORAL AND VINOCOPIA WINE AND SPIRITS Council Member Elliott introduced Hall of Fame inductees Anne Schultz, owner of Linden Hills Floral, and Marion Dauner, General Sales Manager of Vinocopia. Item #4 PRESENTATION REGARDING NATIONAL PARKS WORK WEEK A Public Works video was presented. Item #5 COUNCIL DISCUSSION • FOURTH OF JULY PARADE PARTICIPATION • HATS OFF TO HOMETOWN HITS The City Council consensus was to participate in the July 4 parade. Mayor Goettel announced the Richfield Garden Club Plant Sale on May 18, 2013. Council Member Sandahl announced the Unity in Community event on May 16, 2013. Council Member Elliott requested clarification on the waste container ordinance related to options for 50 foot lots. Council Member Elliott announced the Penn Open Streets event on September 15, 2013. Item #6 COUNCIL APPROVAL OF AGENDA M/Garcia, S/Fitzhenry to approve the agenda. Motion carried 5-0. Item #7 CONSENT CALENDAR A. Consideration of approval of the first reading of an ordinance relating to the private use of boulevards and unopened rights-of-way amending Section 811 of the Richfield City Code and scheduling the second reading for May 28, 2013 S.R. No. 78 Council Meeting Minutes -3- May 14,2013 B. Consideration of approval of a resolution authorizing the City Council to affirm the monetary limits on municipal tort liability established by Minnesota Statutes 466.04 S.R. No. 79 RESOLUTION NO. 10785 RESOLUTION AFFIRMING MUNICIPAL TORT LIABILITY LIMITS ESTABLISHED BY MINNESOTA STATUTES 466.04 This resolution appears as Resolution No. 10785. C. Consideration of approval of a resolution modifying the Health Care Savings Plan for eligible LELS Local #123 (Police Patrol/Detective) employees S.R. No. 80 RESOLUTION NO. 10786 RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A POST EMPLOYMENT HEALTH CARE SAVINGS PLAN FOR LELS LOCAL#123 EMPLOYEES This resolution appears as Resolution No. 10786. D. Consideration of approval of a resolution authorizing the Public Safety Department/Police Division to accept a $100 donation from Alerus Mortgage, given in the name of a City resident S.R. No. 81 RESOLUTION NO. 10787 RESOLUTION AUTHORIZING RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE TO ACCEPT A DONATION OF $100 FROM ALERUS MORTGAGE IN THE NAME OF RICHFIELD RESIDENT KAYE ROSVOLD This resolution appears as Resolution No. 10787. E. Consideration of approval of a resolution accepting a donation of$50 to the Police Safety Vest Fund from City Nails S.R. No. 82 RESOLUTION NO. 10788 RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE TO ACCEPT A DONATION OF $50 FROM CITY NAILS This resolution appears as Resolution No. 10788. F. Consideration of approval of the renewal of the 2013/2014 auction service contract between the City of Richfield and Adesa Minneapolis for auctioning forfeited vehicles from Public Safety/Police S.R. No. 83 G. Consideration of approval of a resolution accepting a $5,782.65 grant received by the Richfield Farmers Market and authorizing the Recreation Services staff to administer the funds in accordance with grant agreements and terms prescribed by donors to operate the Supplemental Nutrition Assistance Program S.R. No. 84 RESOLUTION NO. 10789 RESOLUTION AUTHORIZING ACCEPTANCE OF GRANTS RECEIVED BY THE CITY OF RICHFIELD-RECREATION SERVICES DEPARTMENT AND TO AUTHORIZE THE CITY TO ADMINISTER THE FUNDS IN ACCORDANCE WITH GRANT AGREEMENTS AND TERMS PRESCRIBED BY DONORS This resolution appears as Resolution No. 10789. Council Meeting Minutes -4- May 14,2013 H. Consideration of approval of a resolution authorizing the Source Water Protection Plan Implementation Grant agreement between the City of Richfield and the Minnesota Department of Health S.R. No. 85 RESOLUTION NO. 10790 RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO A SOURCE WATER PROTECTION PLAN IMPLEMENTATION GRANT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF HEALTH FOR $10,000 TO BE USED IN THE CONTINUED DEVELOPMENT, PUBLIC EDUCATION, AND ENFORCEMENT OF THE CITY OF RICHFIELD WELLHEAD PROTECTION PLAN — PART 2 This resolution appears as Resolution No. 10790. I. Consideration of approval of a resolution authorizing agreement for the purchase of 6245 Bloomington Avenue and 6300-16th Avenue for the Taft Park— Richfield Parkway Connection Project S.R. No. 86 RESOLUTION NO. 10791 RESOLUTION APPROVING AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTIES FOR THE TAFT LAKE - RICHFIELD PARKWAY CONNECTION PROJECT This resolution appears as Resolution No. 10791. J. Consideration of approval of the purchase of a truck chassis from Astleford International Trucks for$92,020 and box/boom from Aspen Equipment for use by the Forestry Division for $79,964 totaling $171,984 plus taxes and licensing S.R. No. 87 K. Consideration of approval of the bid minutes/tabulation and award of a contract for 2013 sidewalk, curb and gutter concrete repair to Ron Kassa Construction, Inc. in the sum of $86,095 and authorizing the Public Works Director to approve additional contract work provided it does not exceed $50,000 S.R. No. 88 L. Consideration of approval of the bid minutes/tabulation and award of a contract for the 2013 sealcoating work to Pearson Brothers, Inc. in the sum of$447,035.95 S.R. No. 89 Council Member Elliott requested an update on the Richfield Parkway purchase agreements. Public Works Director Eastling explained the status of the agreements and the process related to the project's timeline. M/Goettel, S/Sandahl to approve the Consent Calendar. Motion carried 5-0. Item #8 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Item #9 PUBLIC HEARING REGARDING RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT AND VARIANCES FOR A RESTAURANT WITH DRIVE THRU SERVICE AT 140-78TH STREET EAST, TACO BELL S.R. NO. 90 Council Member Garcia presented Staff Report No. 90. Council Meeting Minutes -5- May 14,2013 Barbara Schneider, Border Foods, requested the City Council approve the Taco Bell project. Todd Edwards, Menards real estate representative, stated Menards typically does not get involved with other properties and they do not oppose Taco Bell being there, but Menards does have concerns regarding the aesthetics of the building. Community Development Director Stark explained the site plan and design are the best possible obtained with considerable negotiations. Doug Olson, 6608 Clinton Avenue, spoke in support of the Taco Bell project because it is a beneficial use of the property. M/Elliott, S/Garcia to close the public hearing. Motion carried 5-0. Council Member Elliott welcomed Taco Bell's return to Richfield. He did express concerns related to the interpretation of the ordinances to make the project fit. He also discussed parking. Community Development Director Stark explained there are conflicting ordinance statements that need to be addressed in the future. He also discussed the parking criteria for mixed use and single use developments. Council Member Fitzhenry stated the drive thru service should be monitored to avoid potential traffic congestion. M/Garcia, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10792 RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT AND VARIANCES AT 140 78TH STREET EAST Motion carried 5-0. This resolution appears as Resolution No. 10792. Item #10 CONSIDERATION OF AN AMENDMENT TO THE CONSENT DECREE IN STATE OF MINNESOTA BY CITY OF MINNEAPOLIS, ET AL. V. METROPOLITAN AIRPORTS COMMISSION ET AL., HENNEPIN COUNTY CASE NO. 27-CV-05- 5474 S.R NO. 91 Council Member Fitzhenry presented Staff Report No. 91 M/Fitzhenry, S/Sandahl to approve an amendment to the Consent Decree in State of Minnesota by City of Minneapolis, et al., v. Metropolitan Airports Commission et al., Hennepin County Case No. 27-CV-05-5474. Motion carried 5-0. Item #11 CONSIDERATION OF AN APPOINTMENT TO A CITY ADVISORY COMMISSION S.R. NO. 92 Council Member Sandahl presented Staff Report No. 92. M/Sandahl, S/Goettel to make the following appointment: Council Meeting Minutes -6- May 14,2013 ADVISORY BOARD OF HEALTH Name Term Expires Tiffany Egan January 31, 2015 Motion carried 5-0. Item #12 CITY MANAGER'S REPORT City Manager Devich explained the revised format of the Staff Reports related to the City Council's presentation of the Executive Summary. Mary Tietjen, Kennedy & Graven, City Attorney, was introduced. Item #13 CLAIMS AND PAYROLLS M/Garcia, S/Fitzhenry that the following claims and payrolls be approved: U.S. Bank 05/14/13 A/P Checks: 221537-221933 $ 1,505,838.29 Payroll: 92048— 92654; 42159 $ 1,125,900.37 TOTAL $ 2,631,738.66 Motion carried 5-0. OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 8:27 p.m. Date Approved: May 28, 2013 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY OF RICHFIELD, MINNESOTA Office of City Manager May 23, 2013 Council Memorandum No. 41 The Honorable Mayor and Members of the City Council Subject: 2012 Comprehensive Annual Financial Report (Agenda Item No. 1) Council Members: At the May 28, 2013 City Council meeting, Adrienne Mutzenberger, a representative of the City's audit firm MMKR, will make a presentation on the 2012 Audit and the 2012 Comprehensive Annual Financial Report (CAFR). Included in your packet for the May 28, 2013 meeting will be a CD ROM of the 2012 City CAFR and HRA CAFR, hardcopies of the 2012 Special Purpose Audit Report and the 2012 Management Report. Ms. Mutzenberger's presentation will concentrate on information contained in the 2012 Management Report. Consequently, Council may find it helpful to bring to the meeting the 2012 Management Report to have as a reference to Ms. Mutzenberger's presentation. Finally, subsequent to Ms. Mutzenberger's presentation, the City Council will be asked to formally accept the Comprehensive Annual Financial Report (CAFR) for the year ended 2012. e-ctfull, submitted , . Devic City Manager SLD:tjs Attachments Email: Department Directors Assistant City Manager AGENDA SECTION: PRESENTATION AGENDA ITEM# 1 REPORT# 93 STAFF REPORT RICHFIELD CITY COUNCIL MEETING MAY 28, 2013 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME,TITLE DEPARTMENT DIRECTOR , REVIEW: AID 44 , REVIEWED BY CITY WSW, vijZ, MANAGER: � 1�.._e ITEM FOR COUNCIL CONSIDERATION: Receipt of the City of Richfield Comprehensive Annual Financial Report (CAFR) for the fiscal year ended December 31, 2012. I. RECOMMENDED ACTION: By Motion: Accept the Comprehensive Annual Financial Report of the City for the year ended December 31, 2012. II. EXECUTIVE SUMMARY As required by state law all general purpose local governments must be audited in accordance with U.S. generally accepted auditing standards by a firm of licensed certified public accountants. In addition, state law also requires that local governments publish within six months of the close of each fiscal year a complete set of financial statements presented in conformance with U.S. generally accepted accounting standards. Therefore, pursuant to those requirements staff presents to the City Council the Comprehensive Annual Financial Report (CAFR) for fiscal year ended December 31, 2012. III. BASIS OF RECOMMENDATION A. BACKGROUND 052813 2012 CAFR Receipt • The City's auditing firm, Malloy, Montague, Karnowski, Radosevich, & Co., P.A. (MMKR), has completed the annual audit of the City's financial records for the fiscal year ended December 31, 2012. • As part of the audit, MMKR has issued an unqualified opinion on the City's financial statements for the year ending December 31, 2012. • A representative of MMKR will be present at the tonight's Council meeting to make a brief presentation on the 2012 financial information and answer questions. • In addition, the CAFR will be submitted to the State of Minnesota pursuant to State law and to the Government Finance Officers Association for the Certificate of Achievement for Excellence in Financial Reporting program. B. POLICY • Action to be taken at the May 28, 2013 City Council meeting is the official receipt of the December 31, 2012 City of Richfield Comprehensive Annual Financial Report by the City Council. • The City's auditor has performed an audit of the City's financial records for the year ended December 31, 2012 and prepared reports to the City Council concerning legal compliance and internal controls. C. CRITICAL TIMING ISSUES • Action on this item is requested at the May 28, 2013 City Council meeting. D. FINANCIAL • N/A E. LEGAL • The CAFR will be submitted to the State of Minnesota, pursuant to State law. • The CAFR will be published in the Sun Current the week of June 3, 2013. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The City Council could ask the auditors for further explanations of their findings at a future Study Session. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Adrienne Mutzenberger, Manager, Malloy, Montague, Karnowski, Radosevich, & Co., P.A. CITY OF RICHFIELD, MINNESOTA Office of City Manager May 23, 2013 Council Memorandum No. 42 The Honorable Mayor and Members of the City Council Subject: Government Finance Officers Association Distinguished Budget Presentation Award (Agenda Item No. 2) Council Members: The Government Finance Officers Association of the United States and Canada (GFOA) announced recently that the City of Richfield received the GFOA's Distinguished Budget Presentation Award for its 2013 budget. The award is the highest form of recognition in governmental budgeting and represents a significant achievement by the City. In order to receive the budget award, the City had to satisfy nationally recognized guidelines for effective budget presentation. This is the 28th year the City has received the GFOA Distinguished Budget Presentation Award. The Richfield City Council will present a Certificate of Recognition for Budget Presentation to Chris Regis, Finance Manager, on May 28, 2013. Re t submitted, for n . Devi 'h 4 City M:nager SLD:tjs E-mail: Department Directors Finance Manager Assistant to the City Manager AGENDA SECTION: CONSENT • AGENDA ITEM# 5A REPORT# 94 =IAA STAFF REPORT RICHFIELD CITY COUNCIL MEETING MAY 28, 2013 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NAME,TITLE DEPARTMENT DIRECTOR EL / REVIEW: REVIEWED BY CITY g /MANAGER: ITEM FOR COUNCIL CONSIDERATION: Continue the public hearing to consider a plat for 6330, 6400 and 6430 Lyndale Avenue (the former Lyndale Gardens Center and adjacent commercial property to the north). I. RECOMMENDED ACTION: By Motion: Continue the public hearing to consider plat approval for 6330, 6400 and 6430 Lyndale Avenue (the former Lyndale Gardens Center and adjacent commercial property to the north) to June 11, 2013. II. EXECUTIVE SUMMARY The applicant has requested that the public hearing be postponed for one additional meeting. Consideration of the proposed plat will now take place on June 11, 2013 alongside consideration of plans for the proposed Lakewinds Natural Foods ("Lakewinds"). This will eliminate the need for the plat to be approved contingent upon approval of Lakewinds. III. BASIS OF RECOMMENDATION A. BACKGROUND • This item was originally scheduled for consideration on April 23, 2013. B. POLICY 052813 - Continue PH Plat 6400 Lyndale • All plats of land must be approved by the City Council. C. CRITICAL TIMING ISSUES • The City has 120 days to issue a decision regarding a plat once a complete application has been received. A complete application has not been received. D. FINANCIAL • The required application processing fee has been paid. E. LEGAL • Notice of this public hearing was published in the Sun Current newspaper in accordance with notification requirements. • If the applicant requests any additional continuations, a new public hearing notice shall be published. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • N/A V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A AGENDA SECTION: CONSENT AGENDA ITEM# 5B REPORT# 95 =MAI STAFF REPORT rlCFil•ICLd'' CITY COUNCIL MEETING MAY 28, 2013 REPORT PREPARED BY: JESSE SWENSON, HR COORDINATOR NAME,TITLE DEPARTMENT DIRECTOR a( ik REVIEW: / SIGNATURE , REVIEWED BY CITY MANAGER: ,,,, 4 ITEM FOR COUNCIL CONSIDERATION: Resolution Modifying a Health Care Savings Plan for Management Employees. I. RECOMMENDED ACTION: By Motion: Adopt a resolution modifying a Health Care Savings Plan for eligible Management employees. II. EXECUTIVE SUMMARY In 2001, the Minnesota legislature granted authority to the Minnesota State Retirement System (MSRS) to offer a post-employment Health Care Savings Plan (HCSP) to eligible employees of the State of Minnesota and other governmental subdivisions. A post-employment HCSP is an employer-sponsored program that allows employees to save money to pay towards medical expenses and/or health insurance premiums after termination of employment. Employees are able to choose among different investment options provided by the State Board of Investment. Assets contributed into the program are tax-free, accumulate tax free, and if used for medical expenses, remain tax-free. The Management employee group has now agreed upon a modification to the plan that modifies the bi-weekly contribution. Staff is recommending amending the Post Employment Health Care Savings Plan for employees in the Management Compensation Plan. 0528 Mgt HCSP III. BASIS OF RECOMMENDATION A. BACKGROUND • Legal authority to establish HCSP's is provided through Minn. Stat. 352.98 and Internal Revenue Service rulings. The establishment of each plan, including contribution formulae, must be negotiated when dealing with a collective bargaining unit or personnel policy where non-union employees are involved. Once established, the plan must be filed with MSRS to initiate or modify the plan. • Participation for each individual employee within a bargaining unit or employee group is mandatory once the plan is established for that respective group. Moreover, the amounts contributed for or by each employee in a particular group must be the same for every employee of the group. Contributed amounts amongst employee groups will vary. • A HSCP was established by the City Council for the Management employee group on September 24, 2002. Under state statute, plan modifications may be made no more frequently than once every two years. B. POLICY • Minnesota Statute provides the opportunity to offer this valuable benefit to city employees. The City of Richfield has offered this benefit to employee groups that are interested in such a mandatory plan. • Approval by the City Council of the attached resolution will provide the City authority to proceed with this modified program for the Management employees. Plan modifications can be made every two years. C. CRITICAL TIMING ISSUES • There is no time critical issue pertaining to the timing of this modification. However, the majority of Management employees have expressed a desire to implement the modified program, so it should be pursued at the City's earliest opportunity. • After City approval, this plan must be submitted to MSRS for filing and implementation. D. FINANCIAL • There is no cost to the City in this version of the plan since the City makes no contribution. In fact, there is a cost savings to the City in that wages and severance pay that the employee contributes to the Health Care Savings plan are not subject to Social Security or Medicare contributions. • The plan provides a great tax savings to the participating employees and provides a tax mechanism to fund post-employment medical costs. E. LEGAL • There is legal authority for this plan in Minnesota Statutes and IRS Code. • The plan modification has been sent to the State for review and has received informal approval. IV. ALTERNATIVE RECOMMENDATIONS) • The City Council could decide not to approve this plan modification. In that case, the current plan would remain in effect. However, this decision contradicts the wishes of the majority of the employees in the Management Compensation Plan. V. ATTACHMENTS • Resolution • Health Care Savings Plan VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. ?r,) RESOLUTION NO. RESOLUTION AMENDING THE POST EMPLOYMENT HEALTH CARE SAVINGS PLAN FOR MANAGEMENT EMPLOYEES WHEREAS, Laws of Minnesota 2001, chapter 352.98, authorizes the Minnesota State Retirement System (MSRS) to offer a Post Employment Health Care Savings Plan (Plan) program to state employees, as well as, other governmental subdivisions, and WHEREAS, the Internal Revenue Service Code provides for such Plans, and WHEREAS, the City of Richfield currently offers such a Plan to eligible City employees as a tax free method for employees to set aside money to cover the ever increasing costs of health insurance and medical costs after termination of public employment, and WHEREAS, such plans must be established by employee group, either through a collective bargaining agreement for union employees or a personnel policy for employees not covered by a collective bargaining agreement, and WHEREAS, modification to the provisions of an established Plan for the Management employee group have been agreed to by the Management employee group and the City of Richfield, and WHEREAS, the proposed plan is a net savings to the City of Richfield and a benefit to the individual employees covered by the plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richfield hereby authorizes the City Manager to amend the Health Care Savings Plan for the Management employee group of employees in the City of Richfield. Adopted by the City Council of the City of Richfield, Minnesota this 28th day of May 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk J�J Policy: Management Post Employment Health Care Savings Plan Approved by: Richfield City Council—May 28, 2013 Effective.Date: July 2013 Page: 1 of 2 Plan Purpose The City of Richfield is interested in establishing a means for eligible employees to participate in a mandatory program to help defray some of the costs of post employment health related expenses, including health insurance premiums using pre-tax dollars. Participation in the Post Employment Health Care Savings Plan, administered by the Minnesota State Retirement System(MSRS), is intended to provide an opportunity to accomplish that goal. Post Employment The Post Employment Health Care Savings Plan(HCSP) is an Health Care Savings Employer-sponsored program that allows eligible employees to: Plan 1. defer payment of a portion of unused vacation and personal leave as a severance payment at the time of termination to pay for eligible health insurance premiums and/or health expenses after separation from City service, and 2. defer a portion of an Employee's bi-weekly salary for deposit into their HCSP for the payment of qualified healthcare related expenses after separation from City service. Employees will be able to choose among several different investment options provided by the Minnesota State Board of Investment. Under the Plan, amounts contributed into the HCSP are tax-free and not subject to FICA contributions. Assets in the HCSP will accumulate tax-free and since payouts are used for qualifying medical expenses, they will also remain tax-free. Eligibility to Participation in the Management HCSP is mandatory for all employees Participate that meet the following requirements: 1. The Employee must be a member of the Richfield Management Pay Classification Plan or the City Manager at the time of termination of employment, and 2. The Employee must have been continuously employed by the City of Richfield for at least 3 consecutive years. Contribution Mandatory participation in the Management HCSP shall be in accordance Formula with, and limited to the following formulas for contributions: I. Bi-weekly Contribution 1. An eligible Employee classified in pay grades M-L through M-4 must contribute to the Employee's account in the HCSP according to the following schedule based on total City service: • An eligible Employee with more than 3 but less than 5 years of service must contribute$35 per pay period to the Employee's account in the Management HCSP. Such contributions shall not exceed$35 per pay period. • An eligible Employee with more than 5 but less than 10 years of service must contribute $40 per pay period to the Employee's account in the Management HCSP. Such contributions shall not exceed $40 per pay period. • An eligible Employee with more than 10 but less than 20 years of service must contribute $45 per pay period to the Employee's account in the Management HCSP. Such contributions shall not exceed$45 per pay period. • An eligible Employee with more than 20 years but less than 25 years of service must contribute $50 per pay period to the Employee's account in the Management HCSP. Such contributions shall not exceed $50 per pay period. • An eligible Employee with more than 25 years of service must contribute$60 per pay period to the Employee's account in the Management HCSP. Such contributions shall not exceed$60 per pay period. 2. An eligible Employee classified in the M-5 pay grade and the City Manager must contribute $120 per pay period to the Employee's account in the Management HCSP. Such contributions shall not exceed $120 per pay period. II. Severance Contribution 1. Severance shall be paid in cash for the first 80 hours of accumulated but unused Personal Leave. Severance based on accumulated but unused Personal Leave in excess of 80 hours shall be paid as a credit to the Employee's account in the Management HCSP. 2. Severance shall be paid in cash for the first 40 hours of accumulated but unused Vacation Leave. Severance based on accumulated but unused Vacation Leave in excess of 40 hours shall be paid as a credit to the Employee's account in the Management HCSP. 3. All severance payments based upon Personal &Vacation Leaves are calculated as described above, by multiplying the number of hours by the applicable rate of pay at the time of termination. Contributions authorized under this Plan shall continue until such time as this policy is amended or repealed by the City of Richfield. HCSP The HCSP is authorized under the Internal Revenue Code and is Administration administered by the Minnesota State Retirement System. AGENDA SECTION: CONSENT AGENDA ITEM# 5C REPORT# 96 STAFF REPORT 111tiC ICLC7 CITY COUNCIL MEETING MAY 28, 2013 REPORT PREPARED BY: JESSE SWENSON, HR COORDINATOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Resolution Modifying a Health Care Savings Plan for the International Union of Operating Engineers, Local 49 Bargaining Unit Employees. I. RECOMMENDED ACTION: By Motion: Adopt a resolution modifying a Health Care Savings Plan for eligible International Union of Operating Engineers (IUOE), Local 49 bargaining unit employees. II. EXECUTIVE SUMMARY In 2001, the Minnesota legislature granted authority to the Minnesota State Retirement System (MSRS) to offer a post-employment Health Care Savings Plan (HCSP) to eligible employees of the State of Minnesota and other governmental subdivisions. A post-employment HCSP is an employer-sponsored program that allows employees to save money to pay towards medical expenses and/or health insurance premiums after termination of employment. Employees are able to choose among different investment options provided by the State Board of Investment. Assets contributed into the program are tax-free, accumulate tax free, and if used for medical expenses, remain tax-free. The IUOE bargaining unit has now agreed upon a modification to the plan that modifies the bi-weekly contribution. Staff is recommending amending the Post Employment Health Care Savings Plan for IUOE employees. 0528 LocaI49 HCSP III. BASIS OF RECOMMENDATION A. BACKGROUND • Legal authority to establish a HCSP is provided through Minn. Stat. 352.98 and Internal Revenue Service rulings. The establishment of each plan, including contribution formulae, must be negotiated when dealing with a collective bargaining unit or personnel policy where non-union employees are involved. Once established, the plan must be filed with MSRS to initiate or modify the plan. • Participation for each individual employee within a bargaining unit or employee group is mandatory once the plan is established for that respective group. Moreover, the amounts contributed for or by each employee in a particular group must be the same for every employee of the group. Contributed amounts between employee groups will vary however. • A Health Care Savings Plan was established by the City Council for the IUOE bargaining unit on February 14, 2006. Under state statute, plan modifications may be made no more frequently than once every two years. B. POLICY • Minnesota Statutes have been amended to provide the opportunity for a very valuable benefit to city employees. The City of Richfield has offered this benefit to employee groups that are interested in such a mandatory plan. • Approval by the City Council of the attached resolution will provide the City authority to proceed with this modified program for the IUOE employees. Plan modifications can be made every two years. C. CRITICAL TIMING ISSUES • There is no time critical issue pertaining to the timing of this modification. However, the majority of IUOE members have expressed a desire to implement the modified program, so it should be pursued at the City's earliest opportunity. • After City approval, this plan must be submitted to MSRS for filing and implementation. D. FINANCIAL • There is no cost to the City in this version of the plan since the City makes no contribution. In fact, there is a cost savings to the City in that wages and severance pay that the employee contributes to the Health Care Savings plan are not subject to Social Security or Medicare contributions. • The plan provides a great tax savings to the participating employees and provides a tax mechanism to fund post-employment medical costs. E. LEGAL • There is legal authority for this plan in Minnesota Statutes and IRS Code. • The plan modification has been sent to the State for review and has received informal approval. IV. ALTERNATIVE RECOMMENDATION(S) • The City Council could decide not to approve this plan modification. In that case, the current plan would remain in effect. However, this decision contradicts the wishes of the majority of this employee bargaining unit. V. ATTACHMENTS • Resolution • Health Care Savings Plan VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. 5c - I RESOLUTION NO. RESOLUTION AMENDING THE POST EMPLOYMENT HEALTH CARE SAVINGS PLAN FOR INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 EMPLOYEES WHEREAS, Laws of Minnesota 2001, chapter 352.98, authorizes the Minnesota State Retirement System (MSRS) to offer a Post Employment Health Care Savings Plan (Plan) program to state employees, as well as, other governmental subdivisions, and WHEREAS, the Internal Revenue Service Code provides for such Plans, and WHEREAS, the City of Richfield currently offers such a Plan to eligible City employees as a tax free method for employees to set aside money to cover the ever increasing costs of health insurance and medical costs after termination of public employment, and WHEREAS, such plans must be established by employee group, either through a collective bargaining agreement for union employees or a personnel policy for employees not covered by a collective bargaining agreement, and WHEREAS, modification to the provisions of an established Plan for the IUOE bargaining group have been agreed to by the IUOE bargaining group of employees and the City of Richfield, and WHEREAS, the proposed plan is a net savings to the City of Richfield and a benefit to the individual employees covered by the plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richfield hereby authorizes the City Manager to amend the Health Care Savings Plan for the IUOE group of employees in the City of Richfield. Adopted by the City Council of the City of Richfield, Minnesota this 28th day of May 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk �c a Policy: International Union of Operating Engineers, Local 49 Post Employment Health Care Savings Plan Approved by: Richfield City Council on May 28, 2013 Effective Date:July 1, 2013 Page: 1 of 2 Plan Purpose The City of Richfield is interested in establishing a means for eligible employees to participate in a mandatory program to help defray some of the costs of post employment health related expenses, including health insurance premiums using pre-tax dollars. Participation in the Post Employment Health Care Savings Plan, administered by the Minnesota State Retirement System (MSRS), is intended to provide an opportunity to accomplish that goal. Post Employment The Post Employment Health Care Savings Plan (HCSP) is an Health Care Employer sponsored program that allows eligible employees to: Savings Plan 1) defer payment of a portion of unused vacation and personal leave as a severance payment at the time of termination to pay for eligible health insurance premiums and/or health expenses after separation from City service: and 2) defer a portion of an Employee's biweekly salary for deposit into their HCSP for the payment of qualified healthcare related expenses after separation from City service. Employees will be able to choose among several different investment options provided by the Minnesota State Board of Investment. Under the Plan, amounts contributed into the HCSP are tax-free and not subject to FICA contributions. Assets in the HCSP will accumulate tax- free and since payouts are used for qualifying medical expenses, they will also remain tax-free. Eligibility to Participation in the IUOE, Local 49 HCSP is mandatory for all Participate employees that are members of the Richfield IUOE, Local 49 Pay Classification Plan at the time of termination of employment. Contribution Mandatory participation in the HCSP shall be in accordance with, and Formula limited to the following formulas for contributions: I. Biweekly Contribution 1. An eligible Employee will contribute $36 of their base biweekly wage to the Employee's account in the IUOE, Local 49 HCSP. II. Severance Contribution 1. The first 40 hours of accumulated but unused Vacation Leave or Personal Leave or a combination thereof shall be paid as a credit to the Employee's account in the HCSP. 2. All severance payments based upon Vacation Leave and/or Personal Leave are calculated as described above, by multiplying the number of hours by the applicable rate of pay at the time of termination. 3. Contributions authorized under this Plan shall continue until such time as this policy is amended or repealed by the City of Richfield. HCSP The HCSP is authorized under the Internal Revenue Code and is Administration administered by the Minnesota State Retirement System. AGENDA SECTION: CONSENT AGENDA ITEM# 5D REPORT# 97 MAI STAFF REPORT RICHFIELD CITY COUNCIL MEETING MAY 28, 2013 REPORT PREPARED BY: ROBERT HINTGEN,UTILITY SUPERINTENDENT NAME,TITLE DEPARTMENT DIRECTOR L REVIEW: E �?, SIGNATURE I REZ:::BYCITY • ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution correcting certification of unpaid water, sanitary sewer and storm water service charges to the County Auditor. I. RECOMMENDED ACTION: By motion: Adopt the resolution authorizing a corrected certification of unpaid water, sanitary sewer and storm water service charges to the County Auditor. II. EXECUTIVE SUMMARY On September 25, 2012, the City Council adopted Resolution No. 10702 certifying unpaid water, sanitary sewer and storm water service charges to the County Auditor. Due to a clerical error, unpaid charges in the amount of$9,268.89 were certified to an incorrect parcel. The proposed resolution authorizes certification of these unpaid charges to the correct parcel. 05282013correction III. BASIS OF RECOMMENDATION A. BACKGROUND • The City certifies delinquent utility accounts to the County Auditor on a yearly basis. B. POLICY • State statute and Chapter VII of the Richfield Ordinance Code provide that unpaid water; sanitary sewer and storm water charges may be certified to the County Auditor to be included in a property owner's annual property tax bill. C. CRITICAL TIMING ISSUES • Correction of the certification must occur so the correct property owner is responsible for the unpaid charges. D. FINANCIAL • Delinquent accounts must be certified to the County Auditor in order for the City to collect the charges through the property tax process. E. LEGAL • No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting should a legal question arise. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • None. The County requires a resolution from the City Council correcting the certification so that the delinquent amount can be certified to the correct parcel. V. ATTACHMENTS • Resolution authorizing a corrected certification of unpaid water, sanitary sewer and storm water service charges to the County Auditor to be collected with taxes. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A RESOLUTION NO. RESOLUTION AUTHORIZING A CORRECTED CERTIFICATION OF UNPAID WATER, SANITARY SEWER AND STORM WATER SERVICE CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED WITH TAXES BE IT RESOLVED by the City Council of the City of Richfield as follows: WHEREAS, on September 25, 2012, the City Council adopted Resolution No. 10702 authorizing the certification of certain delinquent water, sanitary sewer and storm water utility accounts to the County Auditor in amounts that were to be certified against each particular property; and WHEREAS, Resolution No. 10702 included a certification in the amount of $9,268.89 for delinquent charges that were certified to the wrong parcel; and WHEREAS, the amount identified above needs to be corrected and certified to the correct parcel; and WHEREAS, this Resolution supersedes Resolution No. 10702 with respect to the parcels identified below. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. That the above-described certification in the amount of $9,268.89 be certified to the County Auditor for collection with other taxes on PID #34- 028-24-44-0023. 2. That the assessment be spread over a period of one year at the rate of 8% per annum. 3. That the incorrect certification in the amount of $9,268.89 to PID # 33-028- 24-43-0019 be removed. 4. That a copy of this Resolution shall be sent to the Hennepin County Auditor. Adopted by the City Council of the City of Richfield this th day of , 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# SE REPORT# 98 MAI STAFF REPORT RICHFIELD CITY COUNCIL MEETING MAY 28, 2013 REPORT PREPARED BY: MIKE FLAHERTY,POLICE LIEUTENANT NAME,TITLE DEPARTMENT DIRECTOR '� 0, REVIEW: o , Nif‘ SIGNATU• REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing a new four year contract to provide school liaison services for School District #280 at the Richfield High School and the Richfield Intermediate School. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing a contract to provide two police officers as Juvenile Investigators/School Liaison Officers to School District #280 at the Richfield High School and Richfield Intermediate School, along with other schools in the district as necessary. II. EXECUTIVE SUMMARY Currently, the City of Richfield Department of Public Safety has a contract with Richfield Public Schools District 280 to provide two School Liaison Officers to the school district. The current contract expires on June 30, 2013. The Department of Public Safety would like to enter into a new contract with the school district. The renewed contract would be effective from July 1, 2013 through June 30, 2018. III. BASIS OF RECOMMENDATION 052813 School Liaison Contract with District 280 A. BACKGROUND • Richfield Police Department has provided School District#280 with school liaison officers since 1993. The most current contract between School District #280 and the Richfield Police Department expires June 30, 2013. • A new four year contract (July 1, 2013 to June 30, 2017) for the continued services of the School Liaison Officers has been agreed upon by Dr. Robert Slotterback, Superintendent of schools for Richfield District#280, and Steven Devich, Richfield City Manager. • The new contract will provide two officers from the Richfield Police Department as Juvenile Liaison Officers at Richfield Senior High School and Richfield Middle School. Both liaison officers will work with the other schools in the district as needed. • The primary duties of the liaison officers are to: promote the safety & welfare of the students in conjunction with school staff and administrators, prevent delinquency & investigate criminal or delinquent conduct, encourage positive attitudes towards the law and law enforcement, deter child abuse and neglect and assist school administrators in determining the proper course of action when physical violence occurs, advise school administration on matters of building security & occupant safety and promote positive youth development. B. POLICY • School District #280 wishes to enter into the contract for two school liaison officer positions and continue a partnership with the City. • Richfield Police Department wishes to continue a contract with the school district to provide the Juvenile Investigator/School Liaison services. C. CRITICAL TIMING ISSUES • The current contract expires June 30, 2013. • A 30 day written notice must be given to terminate the contract. D. FINANCIAL • For this renewal period and each fiscal period thereafter, funds contributing to the salary shall be paid by Richfield School District #280 to the City for School Liaison services. • The renewal contract dollar amount shall be adjusted annually at the end of each school year to reflect a maximum annual compensation of: $71,939 in 2013-2014 $73,018 in 2014-2015 $74,113 in 2015-2016 $76,225 in 2016-2017 E. LEGAL • N/A F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS) • Do not sign the contract. School District#280 would then need to contract with another law enforcement jurisdiction to provide school liaison services. V. ATTACHMENTS • Resolution • Contract VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 5E— I RESOLUTION NO. RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF RICHFIELD/PUBLIC SAFETY DEPARTMENT AND RICHFIELD SCHOOL DISTRICT #280 TO APPROVE SCHOOL DISTRICT FUNDS TO PROVIDE TWO RICHFIELD POLICE OFFICERS AS SCHOOL LIAISON OFFICERS AT THE RICHFIELD SENIOR HIGH SCHOOL AND THE RICHFIELD INTERMEDIATE SCHOOL, AND OTHER SCHOOLS IN THE DISTRICT AS NECESSARY WHEREAS, the Richfield Police Department has provided school liaison services to the Richfield School District #280 since 1993; and, WHEREAS, the 2009 — 2013 contract between the Richfield Police Department and the Richfield School District#280 expired on June 30, 2013; and, WHEREAS, a new four year contract has been agreed upon between the City of Richfield and the Richfield School District #280; and, WHEREAS, the new contract will call for the Richfield Police Department to provide two police officers as juvenile liaison officers to the Richfield School District #280 from July 1, 2013 to June 30, 2017; and, WHEREAS, the City of Richfield, Public Safety Department is authorized to accept funds for compensation for two police officers to serve as school liaison officers to the Richfield School District #280. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield enter into a cooperative agreement with the Richfield School District #280, to provide school liaison services. Steven Devich, Richfield City Manager, and Todd Sandell, Public Safety Director, are hereby authorized to execute such agreements as are necessary to implement the project on behalf of the City of Richfield, Department of Public Safety. Adopted by the City Council of the City of Richfield, Minnesota this 28th day of May, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 5E- RICHFIELD PUBLIC SCHOOLS CONTRACT FOR SERVICES This is a contract between Richfield Public Schools District 280 and the City of Richfield, Department of Public Safety for the services of Police/School Liaison Officers for July 1, 2014—June 30, 2018. For this renewal period and each fiscal year thereafter, no less than $52,107 shall be paid to the City for services rendered. This dollar amount is based on the safe school levy certification as established by the Department of Education for the 2001-02 fiscal year. The renewal contract dollar amount shall be adjusted annually at the end of each school year to reflect a maximum annual compensation of$71,939 in 2013-14, $73,018 in 2014-15, $74,113 in 2016-16 and $75;225 in fiscal year 2016-17. INTRODUCTION The mission of the Richfield Public Schools is to help prepare all learners for a changing world by developing their knowledge and abilities within a climate of mutual trust and respect. We believe that quality education is a home, school, and community partnership. Therefore, our relationship with the Department of Public Safety and the City of Richfield is very important as we all work together in partnership to provide a safe, supportive and caring educational environment. PRIMARY DUTIES The primary duties of the Police/School Liaison Officers will be to participate in crime prevention activities such as developing youth assets and creating positive relationships with the youth of our community, and to investigate juvenile criminal activity. The officers will not be responsible for enforcing school rules or for school security. Most juvenile cases will be handled by these officers. In addition, the school liaison officers will provide law enforcement education, crime and drug abuse prevention, and safety programs. The Police/School Liaison Officers are employees of the City and work under City and Public Safety policies and procedures. Each officer will be provided with an office at the school to which the officer is primarily assigned. Police/School Liaison Officer Contract Page 1 PERSONNEL 5E- Two officers will be provided to the school district. One will be assigned to the Senior High School and the other to the Middle School. Both officers will work with the other schools in the district as necessary. Whenever possible, if one officer is absent, the other officer will be available district-wide as needed. The selection process for the placement of school liaison officers shall include the participation and consider the preference of the school principal. DESCRIPTION OF SERVICES The services to be provided by the Police/School Liaison Officers are the following: 1. Promote the safety and welfare of students by working with the administrators and staff of the District's Middle and Senior High Schools in the prevention of delinquency and the investigation of criminal or delinquent conduct. 2. Encourage positive attitudes toward the law, law enforcement and the responsible exercise of authority. 3. Deter crime, delinquency, child abuse and neglect and assist school administration in determining the proper course of action when physical violence, disorder, or similar problems involving the school population arise. 4. Maintain awareness of all investigations or interrogations being done in the schools and, when necessary, assist other officers in the performance of their duties. 5. Perform investigations of incidents occurring in the schools, and make proper referrals of petitions to court as serious matters may require. 6. Advise school administration on matters relating to school building security and occupant safety. 7. Participate in community and school efforts to promote positive youth development. 8. Participate in appropriate training opportunities provided to school district staff. 9 To the extent possible and consistent with other responsibilities, the police liaison officers will wear appropriate attire (civilian or uniform) while working in the public schools: Police/School Liaison Officer Contract Page 2 Provide speakers'on age appropriate subjects to present.to motile school students as requested by the Middle School.Principal. 11. Perform other duties and assume other responsibilities as may be agreed to between the Director of Public Safety and the building Principals. DISTRICT REPRESENTATIVE The performance of this contract shall be supervised by the Superintendent of Schools and the City Manager or designee. Direct supervision of the officers shall be provided by the Public Safety Director with the assistance of the building principals. EVALUATION The Director of Public Safety and Building Principals shall conduct an evaluation of the School Liaison'Officers prior to June 30 of each year, based on services provided during the previous twelve (12) months in relation to the Description of Services specified in the contract. A copy of the written evaluation report will be provided to the Superintendent of Schools and City Manager. TERMINATION This contract may be canceled by either party at any time, with or without cause, upon a 30-day written notice. Dr. Robert Slotterback Steven L. Devich Superintendent of Schools City Manager Richfield Public School District 280 City of Richfield 7001 Harriet Avenue South 6700 Portland Avenue South Richfield, MN 55423 Richfield, MN 55423 Date Date AGENDA SECTION: CONSENT AGENDA ITEM# 5F REPORT# 99 1 MAIM STAFF REPORT RICHFIELD CITY COUNCIL MEETING MAY 28, 2013 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME,TITLE DEPARTMENT DIRECTOR /REVIEW: fl I / X1 / 1 SIGNATURE REVIEWED BY CITY 7 .� MANAGER: ∎A / sierr ITEM FOR COUNCIL CONSIDERATION: Consideration of the issuance of new on-sale wine and 3.2 percent malt liquor licenses for The Noodle Shop, Co. — Colorado, Inc., d/b/a Noodles & Company, 1732 E. 66th Street, Richfield, MN. I. RECOMMENDED ACTION: By Motion: Approve the setting of a public hearing to be held June 11, 2013, for the consideration of new on-sale wine and 3.2 percent malt liquor licenses for The Noodle Shop, Co. — Colorado, Inc., D/b/a Noodles & Company, 1732 E. 66th Street, Richfield, MN. II. EXECUTIVE SUMMARY Richfield City ordinance provides that the City Council conduct a public hearing to consider all on-sale wine and 3.2 percent malt liquor license applications and that a date be set for the public hearing prior to the hearing. Applications for new on-sale wine and 3.2 percent malt liquor licenses for Noodles & Company were received by the City on March 23, 2013; therefore this request is for approval of a public hearing to be scheduled for June 11, 2013 for the consideration of this new license request. III. BASIS OF RECOMMENDATION A. POLICY • City ordinance provides that the City Council conduct a public hearing to consider all on-sale wine and 3.2 percent malt liquor license applications and that a date be set for the public hearing prior to the hearing. • The hearing must be scheduled and held before new licenses may be considered. • The new process has been initiated. B. CRITICAL TIMING ISSUES • Holding the public hearing on June 11, 2013 will provide ample time to complete the licensing process. C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Reject the applications for new on-sale wine and 3.2 percent malt liquor licenses for Noodles & Company. • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A AGENDA SECTION: PUB.HEARING AGENDA ITEM# 7 REPORT# 100 STAFF REPORT RICHFIELD CITY COUNCIL MEETING MAY 28, 2013 REPORT PREPARED BY: MARY TIETJEN, CITY ATTORNEY NAME, REVIEWED BY CITY MANAGER: dtirtf ITEM FOR COUNCIL CONSIDERATION: Public Hearing to consider proposed Ordinances to amend certain sections of the Richfield City Charter. I. RECOMMENDED ACTION: By motion, conduct and close a public hearing as to each of the attached Ordinances: • An Ordinance relating to city government, modifying and clarifying procedures for initiative referendum and recall; establishing penalties for specified election misconduct; amending Sections 3.09, 5.01, 5.04, 5.05, 5.06, 5.07, 5.08, 5.11, 5.12, 5.14, 5.15, 5.16, 5.17, 5.18, 5.19, and 5.20; repealing Section 5.02; and adding a new Section 5.22 to the Richfield City Charter • An Ordinance relating to city contracts; amending Section 6.05 of the Richfield City Charter; • An Ordinance relating to expenditure of public funds for public purposes; amending Section 7.01 of the Richfield City Charter; • An Ordinance relating to city contracts; amending Section 8.04 of the Richfield City Charter; clarifying capital improvement projects that require a public hearing; increasing monetary limits. 0528CharterPublicHearing 424040v2 MDT RC160-2 II. EXECUTIVE SUMMARY The Charter Commission has recommended that the City Council enact several amendments to the City Charter by ordinance. The purpose of the amendments is to simplify, clarify and update language in the charter. The first reading of the Ordinances was held and approved by the City Council at its meeting on April 13, 2013. State law requires that the City Council hold a public hearing on the proposed Ordinances. As approval of the Ordinances must be unanimous by all members of the City Council, a second reading and consideration of approval will be before the full Council at its meeting on June 11, 2013. The proposed amendments do the following: simplify and clarify language in the charter; improve the processes of initiative, referendum and recall; remove unnecessary provisions relating to canvass of elections; provide greater flexibility in awarding contracts, consistent with state law; clarify the council's authority to determine the public purpose served by expenditures; and update the charter to reflect current market conditions. III. BASIS OF RECOMMENDATION A. BACKGROUND The recommended amendments are summarized below. • Amendment to Chapter 5 and Section 3.09 The Charter Commission has recommended significant changes to Chapter 5. An annotated copy of the proposed ordinance is attached to this report, to explain the reason for each of the changes. In general, the changes are intended to make the charter easier to understand by using plain English, improve the form of petitions in order to facilitate the city clerk's obligation to determine the sufficiency of petitions, and add requirements and penalties in order to reduce the opportunity for fraud or misconduct in the circulation of petitions. The proposed amendment also amends provisions in Sections 5.01 and 3.09 of the Charter with respect to effective dates of ordinances. The amendment would allow any ordinances that by state law is not subject to referendum to become effective the day after publication rather than 30 days after publication. In instances where referendum is not allowed by law, the 30-day waiting period is unnecessary. • Amendment to Section 6.05 The proposed amendment expands the scope of Section 6.05 to include all contracts and not only contracts for purchase of merchandise, materials and equipment and other specified contracts. The amendment gives the city manager the authority to approve any contract equal to or below the amount set in the Uniform Municipal Contracting Law for competitive bidding, and it requires City Council approval of any contract greater than that amount. (That amount is currently $100,000.) The amendment also removes the requirement for award of contracts to the lowest responsible bidder and requires 424040v2 MDT RC160-2 that contracts be made in compliance with state law. That amendment allows the City to use best-value contracting and other means of contract letting that may be allowed by law in the future (such as design-build contracts). The Council retains the ability by ordinance or resolution to adopt additional regulations related to contracting. • Amendment to Section 7.01 The proposed amendment provides that the City Council may adopt ordinances or resolutions that make findings concerning the public purpose of certain expenditures. This amendment is consistent with state court decisions concerning the constitutional limits on expenditures of public funds, and it is intended to city auditors in conducting audits. • Amendment to Section 8.04 This amendment clarifies that properties either owned or leased by the City, not including street and utility rights of way, are subject to the limitation on approving capital improvement contracts. It also increases the "trigger" amounts of such contracts from $500,000 to $2,000,000 for construction contracts and from $75,000 to $250,000 for design and engineering contracts. The Charter Commission indicated that the existing amounts should be updated to reflect increased construction and design costs. The Commission also expressed an interest in possibly eliminating sections 8.04 and 8.05 in the future, if the City Council agrees that those provisions tend to duplicate the process for approving capital improvement budgets and cause unnecessary expense and administrative work. If the Council agrees, the Commission indicated that it may make a recommendation to that effect in the future. B. POLICY • The City Charter is a fundamental governing document of the City. • The Charter Commission has recommended several amendments to: simplify and clarify language in the charter; improve the processes of initiative, referendum and recall; remove unnecessary provisions relating to canvass of elections; provide greater flexibility in awarding contracts, consistent with state law; clarify the council's authority to determine the public purpose served by expenditures; and update the charter to reflect current market conditions. C. CRITICAL TIMING ISSUES • State law requires that the City Council hold a public hearing if the Charter Commission recommends the City Council amend the charter by ordinance. The hearing must be held at least two weeks but not more than one month after the notice of hearing is published, which occurred on May 2, 2013. The City Council must make a decision on the Ordinances within one month of the public hearing. 424040v2 MDT RC160-2 • As additional background, at the first reading of the Ordinances on April 13, 2013, the City Council also considered amendments to Sections 4.01 and 4.07 of the city charter. Due to a publication error, the public hearing to consider the amendments to those two sections must be held on June 11, 2013. • The second reading and consideration of approval of all of the proposed Ordinances will be before the City Council at its meeting on June 11, 2013. D. FINANCIAL • The ordinance method of adopting charter amendments is the only way to adopt a charter amendment without holding an election. Amending the charter by submitting the question to voters at an election is significantly more expensive that adoption by ordinance. E. LEGAL • The City Attorney drafted the proposed ordinances. • If an ordinance is approved by unanimous vote of all council members and the mayor and published as in the case of other ordinances, the charter amendment will become effective 90 days after publication, unless a referendum petition is filed within 60 days after publication. • If an ordinance is not approved, the Charter Commission may, or may not, petition to have the charter amended by the voters. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • None. The City Council is required by law to hold a public hearing on the charter amendment as proposed by the Charter Commission. V. ATTACHMENTS • Ordinances VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A 424040v2 MDT RC160-2 BILL NO. AN ORDINANCE RELATING TO CITY GOVERNMENT; MODIFYING AND CLARIFYING PROCEDURES FOR INITIATIVE, REFERENDUM AND RECALL; ESTABLISHING PENALTIES FOR SPECIFIED ELECTION MISCONDUCT; AMENDING SECTIONS 3.09, 5.01, 5.04, 5.05, 5.06, 5.07, 5.08, 5.11, 5.12, 5.14, 5.15, 5.16, 5.17, 5.18, 5.19, AND 5.20 OF THE RICHFIELD CITY CHARTER; REPEALING SECTION 5.02; AND ADDING A NEW SECTION 5.22 TO THE RICHFIELD CITY CHARTER THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings; authority. 1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02. The Charter Commission of the City has proposed the adoption of certain Amendments to Chapter 5 of the charter and has recommended to the City Council that the Amendments be adopted by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of the Act. 1.03. A public hearing on the Amendments was held on by the City Council after two weeks' published notice containing the text of the Amendments as required by the Act. The notice contained a brief description of the nature and scope of the Amendments. All persons desiring to be heard with reference to the Amendments were heard at the public hearing. 1.04. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendments be adopted. Section. 2 Adoption; effective date; filing. 2.01. The Amendments as proposed by the Charter Commission are adopted. 2.02. Section 5.01 of the Richfield City Charter is amended to read as follows: Section 5.01. Powers Reserved by the People. The people of Richfield reserve to themselves the powers of initiative, referendum and recall, to be exercised, in accordance with the provisions of this Charter rte ••• - - - - • - - - - - - -- - the RC145-17 1 226414v8 CAH RC145-17 called the initiative, referendum and recall, respectively. Initiative is the process for voters to propose and adopt an ordinance. Referendum is the process to require an ordinance passed by the council to be referred to the voters for approval or disapproval. Recall is the process for removing an elected public official from office. Initiative and referendum may not be used with an ordinance that appropriates money, authorizes the levy of taxes, or involves land use or zoning. 2.03. Section 5.02 of the Richfield City Charter is repealed. 2.04. Section 5.04 of the Richfield City Charter is amended to read as follows: Section 5.04. Initiation of Measures. Any five ten residents of the City who are registered voters may form themselves into a sponsoring committee for the initiation of any ordinances except any ordinance appropriating - e _ _ • • _ • - - _ - an ordinance as permitted by section 5.01 of this Charter. Before circulating any petition they they-shall the committee must file an affidavit and its proposed petition a verified copy of their prep a with the City Clerk;. The affidavit must state that a committee has been formed, must contain, together with their the names and addresses as of the committee members and must be signed by each member of the committee, whose signatures must be verified by a notary public. They shall The committee must also attach a verified copy of the proposed ordinance to each of the signature papers herein described, together with their the committee members' names and addresses as sponsors thereof. The ordinance must relate to only one subject which is clearly expressed in the petition. Every circulator of a signature paper must be a resident of the state of Minnesota. 2.05. Section 5.05 of the Richfield City Charter is amended to read as follows: Section 5.05. Form of Petition and of Signature Papers. The petition for the adoption of any ordinance shall must consist of the ordinance, together with all the signature papers and affidavits thereto attached. Such A petition shall is not be complete unless signed by a number of registered voters equal to at least five percent of the total number of registered voters at the time of the last regular municipal election. All the signatures need not be on one signature paper, but the circulator of every such signature paper shall must make an affidavit that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Each signature paper shall must be in substantially the following form: RC145-17 2 226414v8 CAH RC145-17 INITIATIVE PETITION Proposing an ordinance to (Stating the Purpose of the Ordinance). A certified a copy of which the proposed ordinance is hereto attached. Sponsoring Committee This ordinance is sponsored by the following committee of City of Richfield residents who are registered voters: Name Address 1. 2. 3. 4. 5. Instructions to Petition Signers You are being asked to sign a petition. You must be a resident of, and a registered voter in, the City of Richfield. Every person signing this petition must do so in the presence of the person circulating the petition. It is a criminal offense to sign a name other than your own to the petition or to accept compensation for signing your name to the petition. The undersigned registered voters, understanding the terms and nature of the ordinance attached, petition the Council for its adoption, or, in lieu thereof, for its submission to the voters for their approval. Date Legal Signature Name (print legibly) Address (print legibly) 1. 2. 3. RC145-17 3 226414v8 CAH RC145-17 � -y (At the end of the list of signatures shall be appended the The affidavit of the circulator must be attached at the end of each signature paper.) 2.06. Section 5.06 of the Richfield City Charter is amended to read as follows: Section 5.06. Filing of Petition and Action Thereon. All the signature papers shall must be filed in the office of the City Clerk as one instrument. Within five (5) ten (10) working days after the filing of that petition, the City Clerk shall must ascertain by examination, the number of registered voters in the City whose signatures are appended—thereto attached and whether this number is at least five percent (5%) of the total number of registered voters at the time of the last regular municipal election. The validity of the signatures must be judged as of the day the petition was filed. If the City Clerk finds the petition is found to be insufficient or irregular, the City Clerk shall must at once notify one or more of the sponsoring committee of that fact, certifying the reasons for the finding. The committee shall then be given thirty (30) days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, it-shall-be-filed by the City Clerk shall file the petition in the City Clerk's office and notify each member of the committee shall-be-notified of that fact by the City Clerk. The final finding of the insufficiency or irregularity of a petition shall does not prejudice the filing of a new petition for the same purpose, nor shall does it prevent the Council from referring the ordinance to the voters at the next regular or special election at its option. 2.07. Section 5.07 of the Richfield City Charter is amended to read as follows: Section 5.07. Action of Council on Petition. When the petition is found to be sufficient, the City Clerk shall must so certify to the Council at its next meeting, stating the number of petitioners valid signatures on the petition and the percentage of the total number of registered voters at the time of the last regular municipal election which they constitute, and thc. The Council shall at once read the ordinance and may refer it to an appropriate committee. The committee or Council must hold a public hearings hearing upon the ordinanc-, - • - •- •: : • -- -- ordinance shall—be finally acted upon by the Council. After the public hearing, but not later than sixty-five (65) days after the City Clerk date-upon which—it—was submitted the ordinance to the Council by the City Clerk, the Council must take final action on the ordinance. If the Council fails to pass the proposed ordinance, or passes it in a form different from that set forth in the petition and unsatisfactory to the sponsors, the proposed ordinance shall must be submitted by the Council to a vote at the next regular municipal election, but if the numbers of the signers of number of valid signatures on RC145-17 4 226414v8 CAH RC145-17 -7 -5 the petition is equal to at least fifteen percent (15%) of the total number of registered voters at the time of the last regular municipal election, the Council shall must call a special election upon the measure. Such special election shall must be held in accordance with the requirements of state law, but not less than thirty (30) nor more than forty five (45) sixty (60) days from date of final action on the ordinance by the Council or, if there has been no final action, from after the expiration of sixty-five (65) days from the date of submission to the Council -- •- - - e--• - - - - .e •; but if a regular election is to occur within three months, the Council may must submit the ordinance at that election. If the Council passes the proposed ordinance with amendments and at least four-fifths (4/5) of the sponsoring committee do not express their dissatisfaction with such amended form by a statement filed with the City Clerk, within ten (10) days of the passage thereof by the Council, the ordinance need not be submitted to the voters. 2.08. Section 5.08 of the Richfield City Charter is amended to read as follows: Section 5.08. Initiative Ballots. The ballots used when voting upon any such proposed ordinance shall must state the substance of the ordinance and shall must give the voters the opportunity to vote either "yes" or "no" on the question of adoption. If a majority of the votes on any such ordinance are in favor of it, it shall thereupon become becomes an ordinance of the City. Any number of proposed ordinances may be voted upon at the same election, but the voter shall must be allowed to vote for or against each separately. In case of inconsistency between two initiated ordinances approved at one election, the one approved by the higher percentage of voters voting on the question shall--prevail prevails to the extent of the inconsistency. 2.09. Section 5.11 of the Richfield City Charter is amended to read as follows: Section 5.11. The Referendum. If prior to the date when an ordinance takes effect a petition signed by qualified registered voters of the City equal in number to ten percent (10%) of the total number of registered voters at the time of the last regular municipal election is filed with the City Clerk requesting that any such ordinance be repealed or submitted to a vote of the registered voters, the ordinance shall-thereby-b is prevented from going into operation. All the signature pages must be filed as one instrument. The City Clerk must ascertain by examination the sufficiency of the petition within ten (10) working days and must certify the results of that examination to the Council at its next regular meeting. The Council shall must thereupon reconsider the ordinance at its next regular meeting, and by majority vote either repeal or affirm the ordinance as passed. If the ordinance is affirmed, the Council shall must immediately order a special election to be held thereon, or submit the ordinance at the next regular municipal election, RC145-17 5 226414v8 CAH RC145-17 pending which the ordinance shall-remain remains suspended. If a majority of the voters voting on the ordinance is opposed to the ordinance, it shall does not become effective; but if a majority of the voters favor the ordinance, it shat-gointo takes effect immediately or on the date therein specified. 2.10. Section 5.12 of the Richfield City Charter is amended to read as follows: Section 5.12. Referendum Petition. The requirements laid down in Sections 5.04 and 5.05 above as to the formation of committees, the form of petitions and signature papers, and residency requirements for committee members and circulators, for the initiation of ordinances shall apply to the referendum but with such changes as may be necessary. A referendum petition shall read substantially as follows: REFERENDUM PETITION Proposing the repeal of an ordinance to (stating the purpose of the ordinance)-a. A certified copy of which the ordinance is hereto attached. Sponsoring Committee The proposed repeal is sponsored by the following committee of City of Richfield residents who are registered voters: Name Address 1. 2. 3. 4. 5. Instructions to Petition Signers You are being asked to sign a petition. You must be a resident of, and a registered voter in, the City of Richfield. Every person signing this petition must do so in the presence of the person circulating the petition. It is a criminal offense to sign a name other than your own to the petition or to accept compensation for signing your name to the petition. The undersigned qualified registered voters, understanding the nature of the ordinance hereto attached and believing it to be detrimental to the welfare of the City, petition the Council for its submission to a vote of the voters for their approval or disapproval. RC145-17 6 226414v8 CAH RC145-17 _1 Date Legal Signature Name (print legibly) Address (print legibly) 1. 2. 3. ( -- -'e • - - - - - - - -- - - . ° : - • The affidavit of the circulator must be attached at the end of the list of signatures.) 2.11. Section 5.14 of the Richfield City Charter is amended to read as follows: Section 5.14. The Recall. No less than 25 registered voters may form themselves in a committee for the purpose of bringing about the recall of any Council Member including the Mayor. If the committee seeks the recall of a district Council Member, the registered voters constituting the committee shall must be from the Council Member's district. The committee shall must certify to the City Clerk the name of the Council Member whose removal is sought, a statement of the grounds for removal in not more than 250 words, and their the committee's intention to bring about his or her recall. A copy of this certificate shall m ust be attached to each signature paper and no signature paper shall may be put into circulation previous to such certification. The grounds as set forth in the recall petition must be predicated on one or more charges of malfeasance, nonfeasance or both. For this purpose the word "malfeasance" means the performance of an act by a Council Member in his or her official capacity that is wholly illegal and wrongful and the word "nonfeasance" means the neglect or refusal, without sufficient excuse, to do that which it is the Council Member's legal duty to do so. 2.12. Section 5.15 of the Richfield City Charter is amended to read as follows: Section 5.15. Recall Petitions. The petition for the recall of any Council Member shall must consist of a certificate identical to that filed with the City Clerk together with all the signature papers and affidavits thereto attached. All the signatures need not be on one signature paper, but the circulator of every signature paper shall must make an affidavit that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Every circulator of a signature paper must be RC145-17 7 226414v8 CAH RC145-17 a resident of the state of Minnesota. Each signature paper shall must be in substantially the following form: RECALL PETITION Proposing the recall of from the office as which recall is sought for the reasons set forth in the attached certificate. Sponsoring Committee This movement is sponsored by the following committee of registered voters eligible to vote on candidates for that office. Name Address 1. 2. 3. Jlisting all members of the committeel Instructions to Petition Signers You are being asked to sign a petition. You must be a resident of, and a registered voter in, the City of Richfield. Every person signing this petition must do so in the presence of the person circulating the petition. It is a criminal offense to sign a name other than your own to the petition or to accept compensation for signing your name to the petition. The undersigned registered voters, all being eligible to vote on candidates for that office, understanding the nature of the charges against the Council Member herein sought to be recalled, desire the holding of a recall election for that purpose. Date Legal Signature Name (print legibly) Address (print legibly) 1. 2. 3. • -- - •- _ - .e • - - - - - -- - - ' • -- The affidavit of the circulator must be attached at the end of the list of signatures. RC145-17 8 226414v8 CAH RC145-17 G 2.13. Section 5.16 of the Richfield City Charter is amended to read as follows: Section 5.16. Filing of Petition. Within thirty (30) days after the filing of the original certificate, the committee shall must file the completed petition in the office of the City Clerk. The City Clerk shall must examine the petition within the next five (5) ten (10) working days and if the clerk finds it irregular in any way, or finds that the number of signers is less than twenty-five percent (25%) of the total number of registered voters eligible to vote on candidates for that office at the last preceding regular municipal election, the City Clerk shall must so notify one or more members of the committee. The committee shall then be given ten (10) days in which to file additional signature papers and to correct the petition in all other respects, but they the committee may not change the statement of the grounds upon which the recall is sought. If at the end of that time the City Clerk finds the petition still insufficient or irregular, the clerk shall must notify all the members of the committee to that effect and shall file the petition in the City Clerk's office. No further action shall be taken thereon. 2.14. Section 5.17 of the Richfield City Charter is amended to read as follows: Section 5.17. Recall Election. If the petition or amended petition is found sufficient, the City Clerk shall must transmit it to the Council without delay, and shall must also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. If the Council Member sought to be recalled does not resign within ten (10) days after having been given such notice, the Council shall, at its next meeting occurring more than ten (10) days after the receipt by the Council of the recall petition, by resolution, provide for the holding of a special recall election not less than 30 50 nor more than 45 75 days after such meeting, but if any other election is to occur within sixty (60) days three months after such meeting, the Council may in its discretion provide for the holding of the recall election at that time. If the special recall election involves a one or more district Council Memberj, the recall election shall must be conducted only within the districts of such the affected Council Member. 4f—it involves several district Council Members, the election shall be conducted only within the districts of such Council Members. If it involves a Council Member who is elected at large, the election shall must be a City-wide election. 2.15. Section 5.18 of the Richfield City Charter Is amended to read as follows: Section 5.18. Procedure at Recall Election. The City Clerk shall must include with the published notice of the election the statement of the grounds for recall and also, in not more than 500 words, the answer of the Council Member concerned in justification of his or her course in office. The election RC145-17 9 226414v8 CAH RC145-17 shall must be conducted as far as possible, in accordance with the usual procedure in municipal elections. 2.16. Section 5.19 of the Richfield City Charter is amended to read as follows: Section 5.19. Form of Recall Ballot. The form of the ballot at such election shall be: "Shall be recalled?" The name of the Council Member whose recall is sought and his or her office shall be inserted in the blank. The electors shall be permitted to vote separately "Yes" or "No" upon this question. If a majority of those voting on the question of recall vote in favor of recall, the official shall be thereby removed from office. 2.17. Section 5.20 of the Richfield City Charter is amended to read as follows: Section 5.20. Procedure to Fill Vacancy. In the event that a Council Member is recalled by the electors or resigns after a petition has been filed for his or her recall, the vacancy shall must be filled in the following manner: If less than six months remain in the Council Member's term of office at the time of the recall election or at the time of resignation in response to a recall petition, as the case may be, the vacancy shall must be filled by the remaining members of the City Council for the unexpired term pursuant to Section 2.05. If six months or more remain in the Council Member's term at the time of such recall or resignation, the Council shall must call a special election to fill the vacancy for the balance of the Council Member's term. Such election shall must be called within ten (10) days after such recall or resignation, and the special election shall must be held in accordance with state law and not less than thirty (30) aer more than sixty (60) days after the meeting at which the election is called. Candidates to fill the unexpired term shall must be nominated in the usual way and the election shall must be conducted as far as possible in accordance with procedures in municipal elections except that there shall be no primary election and the candidate receiving the highest number of votes for the office shall be elected to fill the unexpired term. 2.18. Chapter 5 of the Richfield City Charter is amended by adding a subdivision to read as follows: Section 5.22. Offenses; Penalty. It is unlawful for a person to: a. sign a name other than that person's own name to an initiative, referendum or recall petition; RC145-17 10 226414v8 CAH RC145-17 b. circulate an initiative or referendum petition without required attachments; c. circulate an initiative, referendum or recall petition when unqualified to do so; d. sign an initiative, referendum, or recall petition when that person knows he or she is not qualified to do so; e. make a false affidavit in connection with an initiative, referendum, or recall petition; f. pay or offer to pay a person, or receive payment or agree to receive payment, for signing an initiative, referendum or recall petition; g. pay or offer to pay a person, or receive payment or agree to receive payment, on a basis related to the number of signatures obtained for circulating an initiative, referendum, or recall petition. This subsection does not prohibit the payment of salary and expenses for circulation of the petition on a basis not related to the number of signatures obtained, as long as the circulators fully disclose all contributions received to the city clerk upon submission of the petitions. A violation of this section is a misdemeanor punishable in accordance with state law. 2.19. Section 3.09 of the Richfield City Charter is amended to read as follows: Section 3.09. When Ordinances and Resolutions Take Effect. A resolution and or an emergency ordinance shall takc effect i s effective immediately upon its passage or at such later date as is fixed in it. An ordinance that is expressly excepted from referendum under section 5.01 of this Charter is effective on the day following publication or such later date as is fixed in it. Every other ordinance shall take effect is effective after on the thirtieth (30) day, exclusive of after the day of publication; or at such later date as is fixed therein. Every ordinance adopted by the voters of the City shall eeffeectt is effective immediately upon its adoption, or at such a later time as fixed therein. 2.20. This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by 51% of the voters voting on the question of its adoption at the special election called by the Council for that purpose. RC145-17 11 226414v8 CAH RC145-17 2.21. On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and the City Clerk's office together with the certificate required by Section 410.11 of the Act. Passed by the City Council of the City of Richfield, Minnesota this day of , 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk RC145-17 12 226414v8 CAH RC145-17 - 13 BILL NO. AN ORDINANCE RELATING TO CITY CONTRACTS; AMENDING SECTION 6.05 OF THE RICHFIELD CITY CHARTER THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings; authority. 1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02. The Charter Commission of the City has proposed the adoption of an Amendment to section 6.05 of the charter and recommended to the City Council that the Amendment be adopted by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of the Act. The form of the Amendment is set out in Sections 2.02 of this ordinance. 1.03. A public hearing on the Amendment was held on by the City Council after two weeks' published notice containing the text of the Amendment as required by the Act. The notice contained a brief description of the nature and scope of the Amendment. All persons desiring to be heard with reference to the Amendment were heard at the public hearing. 1.04. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendment be adopted. Section. 2 Adoption; effective date; filing. 2.01. The Amendment as proposed by the Charter Commission is adopted. 2.02. Section 6.05 of the Richfield City Charter is amended to read as follows: Section 6.05. Purchases and Contracts. City contracts must be made in compliance with state law and this charter. Every contract for the personal property, where Where the amount involved of a contract is more than the dollar amount contained in Minnesota Statutes, Section 471.345, Subd. 3 shall the contract must be let only approved by the City Council upon the recommendation of the City Manager to the lowest responsible bidder. When contracts are competitively bid, the The Council may; howl reject any and all bids. The City Manager may approve contracts in an amount equal to or less than the dollar amount contained in Minnesota Statutes, Section 471.345. Subject to the provisions of the 313696v2 MJM RC145-17 1 - i4 Charter, and other applicable law, the Council may by ordinance or by resolution adopt further regulations for making of bids and letting of contracts. 2.03. This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by 51% of the voters voting on the question of its adoption at the special election called by the Council for that purpose. 2.04. On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and the City Clerk's office together with the certificate required by Section 410.11 of the Act. Passed by the City Council of the City of Richfield, Minnesota this day of , 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 313696v2 MJM RC145-17 15 BILL NO. AN ORDINANCE RELATING TO EXPENDITURE OF PUBLIC FUNDS FOR PUBLIC PURPOSES; AMENDING SECTION 7.01 OF THE RICHFIELD CITY CHARTER THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings; authority. 1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02. The Charter Commission of the City has proposed the adoption of an Amendment to section 7.01 of the charter and recommended to the City Council that the Amendment be adopted by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of the Act. The form of the Amendment is set out in Section 2.02 of this ordinance. 1.03. A public hearing on the Amendment was held on by the City Council after two weeks' published notice containing the text of the Amendment as required by the Act. The notice contained a brief description of the nature and scope of the Amendment. All persons desiring to be heard with reference to the Amendment were heard at the public hearing. 1.04. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendment be adopted. Section. 2 Adoption; effective date; filing. 2.01. The Amendment as proposed by the Charter Commission is adopted. 2.02. Section 7.01 of the Richfield City Charter is amended to read as follows: Section 7.01. Council to Control Finances. Subdivision 1. The Council controls the financial affairs of the City. The Council must provide for (i) the prompt collection of revenues, (ii) the preservation of assets, (iii) the auditing of City accounts, and (iv) the safekeeping and proper disbursement of public monies. Subd. 2. The City must spend public funds only for public purposes. The Council may provide by ordinance or by resolution that certain expenditures serve a public purpose consistent with state law. A resolution shall be effective only for the fiscal year in which it is adopted. 313696v2 MJM RC145-17 2.03. This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by 51% of the voters voting on the question of its adoption at the special election called by the Council for that purpose. 2.04. On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and the City Clerk's office together with the certificate required by Section 410.11 of the Act. Passed by the City Council of the City of Richfield, Minnesota this day of , 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 313696v2 MJM RC145-17 BILL NO. AN ORDINANCE RELATING TO CITY GOVERNMENT; AMENDING SECTION 8.04 OF THE RICHFIELD CITY CHARTER; CLARIFYING CAPITAL IMPROVEMENT PROJECTS THAT REQUIRE PUBLIC HEARING; INCREASING MONETARY LIMITS THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings; authority. 1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02. The Charter Commission of the City has proposed the adoption of an amendment (Amendment) to Chapter 8 of the charter and recommended to the City Council that the Amendment be adopted by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of the Act. The form of the Amendment is set out in Section 2.02. 1.03. A public hearing on the Amendment was held on by the City Council after two weeks' published notice containing the text of the Amendment as required by the Act. The notice contained a brief description of the nature and scope of the Amendment. All persons desiring to be heard with reference to the Amendment were heard at the public hearing. 1.04. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendment be adopted. Sec. 2 Adoption; effective date; filing. 2.01. The Amendment as proposed by the Charter Commission is adopted. 2.02. Section 8.04 of the City Charter is amended to read as follows: Section 8.04. Approval by Ordinance. Any capital improvement on Oity-ewned property owned or leased by the City, excluding street and utility rights of way, which has an estimated cost exceeding $500,000.00 $2,000,000.00 or expenditures for design or engineering costs exceeding $7-5;000:00 $250,000.00 must be approved by ordinance after a public hearing. 2.03. This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by 51% of the voters voting on the question of its adoption at the special election called by the Council for that purpose. 2.04. On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and the City Clerk's office together with the certificate required by Section 410.11 of the Act. Passed by the City Council of the City of Richfield, Minnesota this day of , 2013. Debbie Goettel, Mayor ATTEST: Nancy C. Gibbs, City Clerk CHAPTER 5 AND SECTION 3.09 AMENDMENTS—WITH ANNOTATIONS 2.01. Section 5.01 of the Richfield City Charter is amended to read as follows: Section 5.01. Powers Reserved The amendment by the People. The people of Richfield simplifies the wording of reserve to themselves the powers of the section. The initiative, referendum and recall, to be substantive change is to exercised, in accordance with the except land use and provisions of this Charter, to initiate and zoning ordinances from adopt any ordinance, except an initiative and referendum, the money or which is consistent with a Minnesota court decision. powers shall be called the initiative, referendum and recall, respectively. Initiative is the process for voters to propose and adopt an ordinance. Referendum is the process to require an ordinance passed by the council to be referred to the voters for approval or disapproval. Recall is the process for removing an elected public official from office. Initiative and referendum may not be used with an ordinance that appropriates money, authorizes the levy of taxes, or involves land use or zoning. Section 5.02 prevents 2.02. Section 5.02 of the Richfield City Charter is members of committees, repealed. circulators of signature papers, and signers from accepting or offering rewards. This language duplicates the new provision in Section 5.22. Section 5.02 also allows the committee to pay for legal advice and to incur expenses up to $400. The limitation on incurring expenses is removed because of constitutional concerns about such limitations. Section 5.22 does require disclosure of any expenses for paid circulation of petitions. 2.03. Section 5.04 of the Richfield City Charter is amended to read as follows: Section 5.04. Initiation of Measures. Any five ten residents of the The number of residents City who are registered voters may form required to form a themselves into a sponsoring committee committee was increased for the initiation of any ordinances except to 10 (the same number any ordinance appropriating money, or required to nominate a authorizing the levy of taxes an ordinance city council candidate as permitted by section 5.01 of this under Section 4.04 of the Charter. Before circulating any petition Charter). they shall the committee must file an affidavit and its proposed petition a The second-to-last - -_ __ _ . _ __ _ _ __ -e _ _ _ __ sentence limits an with the City Clerk;. The affidavit must initiated ordinance to one state that a committee has been formed, subject, to avoid voter must contain, together with their the confusion when voting. names and addresses as of the committee members of such committee The last sentence is and must be signed by each member of added as a measure to the committee, whose signatures must be encourage compliance verified by a notary public. They shall The with state laws and the committee must also attach a verified charter; Minnesota copy of the proposed ordinance to each residents are more of the signature papers herein described, readily subject to together with their the committee prosecution and members' names and addresses as enforcement than sponsors thereof. The ordinance must nonresidents. relate to only one subject which is clearly expressed in the petition. Every circulator Other changes are for of a signature paper must be a resident of simplification of the state of Minnesota. language. 2.04. Section 5.05 of the Richfield City Charter is amended to read as follows: Most changes are for simplification or Section 5.05. Form of Petition clarification of language. and of Signature Papers. The petition for the adoption of any ordinance shall must consist of the ordinance, together with all the signature papers and affidavits thereto attached. Such A petition shall is not be complete_ unless signed by a number of registered voters equal to at least five percent of the total number of registered voters at the time of the last regular municipal election. All the signatures need not be on one signature paper, but the circulator of every such signature paper shall must make an affidavit that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Each signature paper shall m ust be in substantially the following form: INITIATIVE PETITION Proposing an ordinance to _ (Stating the Purpose of the Ordinance), A certified a copy of which the proposed ordinance is hereto attached. Sponsorinq Committee This ordinance is sponsored by the following committee of City of Richfield residents who are registered voters: Name Address 1. 2. 3. � -ate 4. 5. Instructions to Petition Signers You are being asked to sign a petition. This instruction was You must be a resident of, and a added to put signers on registered voter in, the City of notice of the Richfield. Every person signing this requirements for signing petition must do so in the presence of the a petition and the person circulating the petition. It is a penalties for violating criminal offense to sign a name other those requirements. than your own to the petition or to accept compensation for signing your name to the petition. The undersigned registered voters, understanding the terms and nature of the ordinance attached, petition the Council for its adoption, or, in lieu thereof, for its submission to the voters for their approval. Date Legal Signature Name (print The form was changed to legibly) Address (print legibly) add the requirement that the printed name of the 1. signer by shown. This assists the city clerk in 2. examining the sufficiency of the petition. 3. (At the end of the list of signatures shall be—appended—the—The affidavit of the circulator must be attached at the end of each signature paper.) 2.05. Section 5.06 of the Richfield City Charter is amended to read as follows: Section 5.06. Filing of Petition The time period for the and Action Thereon. All the signature city clerk to examine the papers shall must be filed in the office of petitions is increased the City Clerk as one instrument. Within from five calendar days five (5) ten (10) working days after the to 10 working days. filing of that petition, the City Clerk shall must ascertain by examination, the number of registered voters in the City whose signatures are appended thereto attached and whether this number is at least five percent (5%) of the total number of registered voters at the time of the last regular municipal election. The validity of This sentence was the signatures must be iudged as of the added to clarify that the day the petition was filed. If the City Clerk city clerk will use the finds the petition is found to be insufficient voter registration list in or irregular, the City Clerk shall must at effect on the date the once notify one or more of the sponsoring petition was filed to committee of that fact, certifying the determine whether a reasons for the finding. The committee voter is registered. The shall then be given thirty (30) days in clerk is not required to which to file additional signature papers look at the lists in effect and to correct the petition in all other on the date that each particulars. If at the end of that period the that each person signed petition is found to be still insufficient or the petition. irregular, it shall be filed by the City Clerk shall file the petition in the City Clerk's Other changes are for office and notify each member of the simplification of committee shall-be-notified of that fact by language. the City Clerk. The final finding of the insufficiency or irregularity of a petition shall does not prejudice the filing of a new petition for the same purpose, nor shall does it prevent the Council from referring the ordinance to the voters at the next regular or special election at its option. 2.06. Section 5.07 of the Richfield City Charter is amended to read as follows: Section 5.07. Action of Council on Petition. When the petition is found to be Some changes were for sufficient, the City Clerk shall must so certify to simplification or the Council at its next meeting, stating the clarification of language. number of petitioners valid signatures on the petition and the percentage of the total number of registered voters at the time of the last regular municipal election which they constitute, a— . The Council shall at once read the ordinance and may refer it to an appropriate committee. The committee or Council shall thereupon prime-der must hold a public hearings hearing upon the ordinanc-, - • - -- - - - - - GOUfleill. After the public hearing, but not later than sixty-five (65) days after the City Clerk date upen-which it-was submitted the ordinance to the Council by the City Clerk, the Council must take final action on the ordinance. If the Council fails to pass the proposed ordinance, or passes it in a form different from that set forth in the petition and unsatisfactory to the sponsors, the proposed ordinance shall must be submitted by the Council to a vote at the next regular municipal election, but if the - "e- e -- - -number of valid signatures on the petition is equal to at least fifteen percent (15%) of the total The only substantive number of registered voters at the time of the last change is to modify the regular municipal election, the Council shall must time requirements for call a special election upon the measure. Such holding a special special election shall must be held in accordance election. The old time with the requirements of state law, but not less requirements are too than thirty (30) nor more than forty five (45) sixty short, given current state (60) days_from date of final action on the law requirements for ordinance by the Council or, if there has been no elections. final action, from after the expiration of sixty-five (65) days from the date of submission to the Council when there has been no final action; but if a regular election is to occur within three months, the Council may must submit the ordinance at that election. If the Council passes the proposed ordinance with amendments and at least four-fifths (4/5) of the sponsoring committee do not express their dissatisfaction with such amended form by a statement filed with the City Clerk, within ten (10) days of the passage thereof by the Council, the ordinance need not be submitted to the voters. 2.07. Section 5.08 of the Richfield City Charter is amended to read as follows: Section 5.08. Initiative Ballots. "7 -025 The ballots used when voting upon any The changes are for such proposed ordinance shall must state simplification of the substance of the ordinance and shall language. must give the voters the opportunity to vote either "yes" or "no" on the question of adoption. If a majority of the votes on any such ordinance are in favor of it, it becomes an ordinance of the City. Any number of proposed ordinances may be voted upon at the same election, but the voter shall must be allowed to vote for or against each separately. In case of inconsistency between two initiated ordinances approved at one election, the one approved by the higher percentage of voters voting on the question prevails to the extent of the inconsistency. 2.08. Section 5.11 of the Richfield City Charter is amended to read as follows: Section 5.11. The Referendum. If prior to the date when an ordinance takes effect a petition signed by qualified registered voters of the City equal in number to ten percent (10%) of the total number of registered voters at the time of the last regular municipal election is filed with the City Clerk requesting that any such ordinance be repealed or submitted to a vote of the registered voters, the ordinance shall thereby be is prevented from going into operation. All the The added language is signature pages must be filed as one not a substantive instrument. The City Clerk must ascertain change; it repeats the by examination the sufficiency of the specific requirements for petition within ten (10) working days and the petition rather than must certify the results of that rely on the cross- examination to the Council at its next reference in section 5.12. regular meeting. The Council shall must thereupon reconsider the ordinance at-its next regular meeting, and by majority vote either repeal or affirm the ordinance as passed. If the ordinance is affirmed, the Council shall must immediately order a special election to be held thereon, or submit the ordinance at the next regular municipal election, pending which the ordinance shall remain remains suspended. If a majority of the voters voting on the ordinance is opposed to the ordinance, it shalt does not become effective; but if a majority of the voters favor the ordinance, it shall-go-into takes effect immediately or on the date therein specified. 2.09. Section 5.12 of the Richfield City Charter is amended to read as follows: Section 5.12. Referendum Petition. The requirements laid down in Sections 5.04 and 5.05 above as to the formation This change adds the of committees, the form of petitions and residency requirements signature papers, and residency for referendum petitions, requirements for committee members and for the same reason circulators, for the initiation of ordinances residency was added to shall apply to the referendum but with initiative petitions. such changes as may be necessary. A referendum petition shall read substantially as follows: REFERENDUM PETITION Proposing the repeal of an ordinance to (stating the purpose of the ordinance)-a_ A certified copy of which the ordinance is hereto attached. Sponsoring Committee The proposed repeal is sponsored by the following committee of City of Richfield residents who are registered voters: Name Adc 1. 2. 3. 4. 5. Instructions to Petition Signers You are being asked to sign a petition. Added for same reason You must be a resident of, and a as for initiative, above. registered voter in, the City of Richfield. Every person signing this petition must do so in the presence of the person circulating the petition. It is a criminal offense to sign a name other than your own to the petition or to accept compensation for signing your name to the petition. The undersigned qualified registered voters, understanding the nature of the ordinance hereto attached and believing it to be detrimental to the welfare of the City, petition the Council for its submission to a vote of the voters for their approval or disapproval. Date Legal Signature Name (print Printed name added for legibly) Address (print legibly) same reason as initiative, above. 1. 2. 3. Other changes are for (A •- --e _ -- • _ •_ _ _ - - simplification of The affidavit of language. the circulator must be attached at the end of the list of signatures.) 2.10. Section 5.14 of the Richfield City Charter is amended to read as follows: Changes are for Section 5.14. The Recall. No less simplification of than 25 registered voters may form language. themselves in a committee for the purpose of bringing about the recall of any Council Member including the Mayor. If the committee seeks the recall of a district Council Member, the registered voters constituting the committee shall must be from the Council Member's district. The committee shall must certify to the City Clerk the name of the Council Member whose removal is sought, a statement of the grounds for removal in not more than 250 words, and their the committee's intention to bring about his or her recall. A copy of this certificate shall must be attached to each signature paper and no signature paper shall may be put into circulation previous to such certification. The grounds as set forth in the recall petition must be predicated on one or more charges of malfeasance, nonfeasance or both. For this purpose the word "malfeasance" means the performance of an act by a Council Member in his or her official capacity that is wholly illegal and wrongful and the word "nonfeasance" means the neglect or refusal, without sufficient excuse, to do that which it is the Council Member's legal duty to do so. 2.11. Section 5.15 of the Richfield City Charter is amended to read as follows: Section 5.15. Recall Petitions. The All changes are similar to petition for the recall of any Council those made for initiative Member shall must consist of a certificate and referendum, see identical to that filed with the City Clerk above. together with all the signature papers and affidavits thereto attached. All the signatures need not be on one signature paper, but the circulator of every signature paper shall must make an affidavit that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Every circulator of a signature paper must be a resident of the state of Minnesota. Each signature paper shall m ust be in substantially the following form: RECALL PETITION Proposing the recall of from the office as which recall is sought for the reasons set forth in the attached certificate. Sponsoring Committee This movement is sponsored by the following committee of registered voters eligible to vote on candidates for that office. Name Adc 1. 2. 3. jlisting all members of the committee) Instructions to Petition Signers You are being asked to sign a petition. You must be a resident of, and a registered voter in, the City of Richfield. Every person signing this petition must do so in the presence of the person circulating the petition. It is a criminal offense to sign a name other than your own to the petition or to accept compensation for signing your name to the petition. The undersigned registered voters, all being eligible to vote on candidates for that office, understanding the nature of the charges against the Council Member '1 -30 herein sought to be recalled, desire the holding of a recall election for that purpose. Date Legal Signature Name (print legibly) Address (print legibly) 1. 2. 3. appended the Aff'davit The affidavit of the circulator mentioned abov must be attached at the end of the list of signatures. 2.12. Section 5.16 of the Richfield City Charter is amended to read as follows: Section 5.16. Filing of Petition. Within thirty (30) days after the filing of The only substantive the original certificate, the committee shall change is to give the city must file the completed petition in the clerk 10 working days office of the City Clerk. The City Clerk instead of 5 calendar shall must examine the petition within the days to examine the next five (5) ten (10) working days and if petition. the clerk finds it irregular in any way, or finds that the number of signers is less than twenty-five percent (25%) of the total number of registered voters eligible to vote on candidates for that office at the last preceding regular municipal election, the City Clerk shall must so notify one or more members of the committee. The committee shall then be given ten (10) days in which to file additional signature papers and to correct the petition in all other respects, but they the committee may not change the statement of the grounds upon which the recall is sought. If at the end of that time the City Clerk finds the petition still insufficient or irregular, the clerk shall must notify all the � f i3I members of the committee to that effect and shall file the petition in the City Clerk's office. No further action shall be taken thereon. 2.13. Section 5.17 of the Richfield City Charter is amended to read as follows: Section 5.17. Recall Election. If the petition or amended petition is found Most changes are for sufficient, the City Clerk shall must simplification of transmit it to the Council without delay, language. The and shall must also officially notify the substantive change is to person sought to be recalled of the alter the time sufficiency of the petition and of the requirements for holding pending action. If the Council Member a special recall election. sought to be recalled does not resign The existing within ten (10) days after having been requirements are too given such notice, the Council shall, at its restrictive, given state next meeting occurring more than ten law election (10) days after the receipt by the Council requirements. of the recall petition, by resolution, provide for the holding of a special recall election not less than 30 nor more than 45 75 days after such meeting, but if any other election is to occur within sixty (60) days three months after such meeting, the Council may in its discretion provide for the holding of the recall election at that time. If the special recall election involves a one or more district Council Member, the recall election shall must be conducted only within the districts) of such the affected Council Member. If-it the election shall be conducted only within the districts of such Council Members: If it involves a Council Member who is elected at large, the election shall must be a City-wide election. 2.14. Section 5.18 of the Richfield City Charter Is amended to read as follows: Changes are for 3 A' Section 5.18. Procedure at Recall simplification of Election. The City Clerk shall must language. include with the published notice of the election the statement of the grounds for recall and also, in not more than 500 words, the answer of the Council Member concerned in justification of his or her course in office. The election shall must be conducted as far as possible, in accordance with the usual procedure in municipal elections. 2.15. Section 5.19 of the Richfield City Charter is amended to read as follows: Section 5.19. Form of Recall Ballot. Clarification of language. The form of the ballot at such election shall be: "Shall be recalled?" The name of the Council Member whose recall is sought and his or her office shall be inserted in the blank. The electors shall be permitted to vote separately "Yes" or "No" upon this question. If a majority of those voting on the question of recall vote in favor of recall, the official shall be thereby removed from office. 2.16. Section 5.20 of the Richfield City Charter is amended to read as follows: Section 5.20. Procedure to Fill The only substantive Vacancy. In the event that a Council change is to the time Member is recalled by the electors or period for holding a resigns after a petition has been filed for special election, in light his or her recall, the vacancy shall must of current state law be filled in the following manner: election requirements. If less than six months remain in the Council Member's term of office at the time of the recall election or at the time of resignation in response to a recall petition, as the case may be, the vacancy shall must be filled by the remaining members of the City Council for the unexpired term pursuant to Section 2.05. If six months or more remain in the Council Member's term at the time of such recall or resignation, the Council shall must call a special election to fill the vacancy for the balance of the Council Member's term. Such election shall must be called within ten (10) days after such recall or resignation, and the special election shall must be held in accordance with state law and not less than thirty (30) nor more than sixty (60) days after the meeting at which the election is called. Candidates to fill the unexpired term shall must be nominated in the usual way and the election shall must be conducted as far as possible in accordance with procedures in municipal elections except that there shall be no primary election and the candidate receiving the highest number of votes for the office shall be elected to fill the unexpired term. 2.17. Chapter 5 of the Richfield City Charter is amended by adding a subdivision to read as follows: This section was added Section 5.22. Offenses; Penalty. It to protect the integrity of is unlawful for a person to: the initiative, referendum and recall processes by a. sign a name other than that establishing a criminal person's own name to an initiative, penalty for certain referendum or recall petition; conduct. b. circulate an initiative or referendum petition without required attachments; c. circulate an initiative, referendum or recall petition when unqualified to do so; d. sign an initiative, referendum, or recall petition when that person knows he or she is not qualified to do so; e. make a false affidavit in ELI connection with an initiative, referendum, or recall petition; f. pay or offer to pay a person, or receive payment or agree to receive payment, for signing an initiative, referendum or recall petition; g. pay or offer to pay a person, or receive payment or agree to receive payment, on a basis related to the number of signatures obtained for circulating an initiative, referendum, or recall petition. This subsection does not prohibit the payment of salary and expenses for circulation of the petition on a basis not related to the number of signatures obtained, as long as the circulators fully disclose all contributions received to the city clerk upon submission of the petitions. A violation of this section is a misdemeanor punishable in accordance with state law. 2.18. Section 3.09 of the Richfield City Charter is amended to read as follows: Section 3.09. When Ordinances The substantive change and Resolutions Take Effect. A is to remove the 30-day resolution and or an emergency waiting period for any ordinance shall—take—effect is effective ordinance that is immediately upon its passage or at such expressly excepted from later date as is fixed in it. An ordinance referendum under that is expressly excepted from section 5.01. In those referendum under section 5.01 of this instances, the waiting Charter is effective on the day following period serves no publication or such later date as is fixed in purpose. it. Every other ordinance shall take effect is effective after on the thirtieth (30) day; exetus+ve-of after the day of publication; or at such later date as is fixed therein. Every ordinance adopted by the voters of the City shall take effect is effective immediately upon its adoption, or at such a later time as fixed therein. AGENDA SECTION: ORDINANCE AGENDA ITEM# 8 REPORT# 101 STAFF REPORT RICHFIELD CITY COUNCIL MEETING MAY 28, 2013 REPORT PREPARED BY: ELIZABETH FINNEGAN, CIVIL ENGINEER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE:17 REVIEWED BY CITY B/40 /di MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of an ordinance relating to private use of boulevards and unopened rights-of- way amending Section 811 of the Richfield City Code. I. RECOMMENDED ACTION: By Motion: 1. Conduct a second reading of the attached ordinance related to the private use of boulevards and unopened rights-of-way amending Section 811 of the Richfield City Code. 2. Approve resolution for summary publication of an ordinance amendment to Section 811. II. EXECUTIVE SUMMARY Currently, City Code 811 "Private Use of Boulevards" excludes the use of unopened rights-of-ways (i.e., alleys and easement areas). Staff recommends amending Section 811 to include unopened rights-of-way and clarify the restriction of permanent fencing, retaining walls, and any other feature that may cause major efforts to remove or unnecessary encumbrances within the City's right-of-way. The City wishes to permit private parties to make certain improvements within City boulevards or unopened rights-of-way. These improvements would be authorized by the Public Works Director, with the ultimate goal of keeping City rights-of-way in a state of good repair and free from unnecessary encumbrances. 052802013PrivateUseofBlvd III. BASIS OF RECOMMENDATION A. BACKGROUND • Currently, City Code 811 excludes the use of unopened rights-of-way. Unopened rights-of-way are defined as any area in which the City has an easement for street or alley right-of-way but that the City has not opened to public travel (Section 811.02(b)). B. POLICY • The City Charter general provision on adoption of ordinances requires a first and second reading on ordinances. A public hearing is not required unless a separate statute, charter provision or ordinance requires it. In this case, there is not a public hearing requirement. C. CRITICAL TIMING ISSUES • The current approval timeline will allow private use of boulevards and unopened rights-of-ways to begin for the 2013 Construction season. D. FINANCIAL • N/A E. LEGAL • This Ordinance Amendment was written by the City Attorney. • There are no legal issues known at this time that would affect passage and implementation of this ordinance. F. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATIONS) • The Council could choose not to approve the Ordinance Amendment and direct staff on how to proceed. V. ATTACHMENTS • Proposed Amendment to the Ordinance relating to the Private use of Boulevards and Unopened Rights-of-Way. • Resolution of Summary Publication VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. • BILL NO. AN ORDINANCE RELATING TO PRIVATE USE OF BOULEVARDS AND UNOPENED RIGHTS-OF-WAY; AMENDING SECTION 811 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 811.01 is amended to read as follows: 811.01. - Purpose and Intent. For the purposes of this section, a boulevard means that arca within the public right land. The City wishes to permit private parties to make certain improvements within city boulevards or unopened rights-of-way as authorized by the Public Works Director, while striving to keep City rights-of-way in a state of good repair and free from unnecessary encumbrances. Sec. 2. A new subsection 811.02 is added to read as follows: 811.02. Definitions. (a) For the purposes of this section, a boulevard means that area within the public right-of-way, located between the back of street curb and the nearest lot line of privately- owned land. (b) For purposes of this section, an unopened right-of-way means any area in which the city has an easement for street or alley right-of-way but that the city has not opened to public travel. Sec. 2. Subsection 811.03 is amended to read as follows: 811.03. Maintenance responsibility. A private property owner is responsible for maintenance of the boulevard or unopened right-of-way directly abutting the owner's property. Such maintenance includes, but is not limited to, mowing grass, watering, and removing weeds. Sec. 3. Section 811 is amended by adding a new Subsection 811.06 to read as follows: 811.06. — Private use of an unopened ri!ht-of-wa Within an unopened right-of-way, nothing shall be erected, placed, or installed except for private improvements as authorized by subsection 811.07 of this code. Sec. 4. Subsection 811.07 is amended to read as follows: 811.07. Certain features private improvements. Subd. 1. Definition of private improvement. The City realizes that in certain instances a private property owner may wish to erect, place, or plant certain fcatures private improvements within the boulevard or unopened right-of-way abutting their the owner's land. Such fcatures private improvements include, but are not limited to, ornamental fences, - -•• - - , _ • - - , hedges, berms, sidewalks, driveways, pavement, planters, statues, irrigation systems, rock and landscaping (hereinafter "feature" "private improvement"). Private improvements shall not include any permanent features such a concrete foundation or other feature requiring major removal efforts. Subd. 2. Permit required. No person shall erect, place, or plant any fcaturc private improvement within a boulevard or unopened right-of-way abutting their private property without first obtaining a permit from the Community Services Public Works Director. In addition, any existing feature which does not hold a valid permit shall require a permit at the time of any reconstruction or repair, or earlier if required by the City. If the abutting boulevard is owned by Hennepin County or the Minnesota Department of Transportation, a permit may also be required by such jurisdiction. Subd. 3. Application and fee. A person requesting a permit under this subsection shall submit an application on forms provided by the City, together with the fee established in appendix D. The application shall be accompanied with scale drawings of the boulevard or unopened right-of-way and the proposed featurc private improvement, as well as a written description of the materials and construction methods to be used. Subd. 4 Review of application. The Director may deny any application if the Director determines that the featu-rc private improvement would cause, or could cause in the future, any inconvenience to the public. In review of an application, the Director considers factors including, but not limited to, the following: (a) Effect of the f aturc private improvement on snow plowing and snow storage; (b) Effect of the f turc private improvement on public safety, including traffic visibility and pedestrian safety; (c) Effect of the f aturc private improvement on public land and public or private utilities; and (d) The public necessity and utility of the featurc private improvement and the availability of alternate locations for the featurc private improvement. To appeal the denial of a permit application, the aggrieved applicant must submit a written request for hearing to the City Manager within seven (7) days following receipt of the decision of denial. Appeals will be heard within 30 days after receipt of the written request by a panel consisting of the City Manager, the Director of Public Safety, and the Director of Community Development, or their designates. The decision of the appeal panel is final. Subd. 5. Permit revocation. The City reserves the right to revoke any permit at any time and for any reason. If the permit is revoked, the property owner has 60 days to remove the private improvement. Subd. 6. Maintenance of fcature private improvement. The abutting landowner shall be responsible for the maintenance of any feature private improvement located within the boulevard or unopened right-of-way. Subd. 7. Damage to or by featurc private improvement. The City will assume no responsibility and the abutting landowner shall assume all responsibility for any damage caused to or by any f aturc private improvement located within the boulevard or unopened right-of-way. Subd. 8. Removal requirement. Any feature private improvement not holding a valid permit is deemed to be a public nuisance and is subject to abatement according to subsection 925.07 of this code. The City may bill the property owner for the cost of abatement or assess the cost of abatement against the abutting property in accordance with Minnesota Statutes, chapter 429 or other applicable law. Subd. 9. Conditions. A •erson re.uestin• a •ermit under this subsection must: (a) Accept all of the terms of this subsection; (b) Commence and complete the private improvement within the time specified in the application; and (c) Make such private improvement at the person's own sole expense without any expense of any kind to the City. Section 5. This ordinance will be effective , 2013. Adopted this day of May, 2013. By: Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDMENT TO SECTION 811 OF THE RICHFIELD CITY CODE WHICH PERTAINS TO PRIVATE USE OF BOULEVARDS AND UNOPENED RIGHTS-OF-WAY WHEREAS, the City has adopted the above referenced amendment to the Richfield City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified; and WHEREAS, the following summary clearly informs the public of the intent and effect of the ordinance. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION ORDINANCE NO._ AN ORDINANCE RELATING TO PRIVATE USE OF BOULEVARDS AND UNOPENED RIGHTS- OF-WAYS; AMENDING SECTION 811 OF THE RICHFIELD CITY CODE. This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The purpose of the code amendments is to allow private parties to make certain limited improvements within city boulevards and unopened rights-of-ways as authorized by the Public Works Director. The amendments also include clarification of the restriction of permanent fencing, retaining walls and any other features that may cause an unnecessary encumbrance within the City boulevard or right-of-way or require major removal efforts. Copies of the ordinance are available for public inspection in the Public Works Department during normal business hours or upon request by calling Kristin Asher at 612-861-9795. BE IT FURTHER RESOLVED, that the City Clerk is directed to keep a copy of the ordinance in her office at City Hall for public inspection and to post a full copy of the ordinance in a public place in the City for a period of two weeks. Adopted by the City Council of the City of Richfield, Minnesota this 28th day of May, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: OTHER BUS. AGENDA ITEM# 9 REPORT# 102 INAIIIII STAFF REPORT RICHFIELD CITY COUNCIL MEETING MAY 28, 2013 REPORT PREPARED BY: WAYNE KEWITSCH, FIRE CHIEF NAME,TITLE DEPARTMENT DIRECTOR Er /- REVIEW: iP .,: i��2 ` REVIEWED BY CITY ' MANAGER: 46 �� , x.... ITEM FOR COUNCIL CONSIDERATION: Consideration of approval of alternate design options for the renovation of Fire Station #2 and award of contract. I. RECOMMENDED ACTION: By Motion: Accept bid minutes, tabulation and award contract for renovation of Fire Station #2 to Dering Pierson Group, LLC in the sum of $657,000.00 and add alternates 1, 2, 3, 4, 5 and 7 in the amount of $145,560.00. Or accept bid minutes, tabulation and award contract for the renovation of Fire Station #2 to Dering Pierson Group, LLC in the sum of $657,000 and add alternates 1, 2, 3, 4 and 7 in the amount of $63,230.00. II. EXECUTIVE SUMMARY On September 11, 2012, Council passed an ordinance approving the renovation of Fire Station #2. Leo A Daly architects were retained by the City to create the design and plans for the renovation. The original project cost estimate was $900,000. The project was released for bid on March 14, 2013; construction bids were received ranging from $804,400 to $1,150,800 which when added to project soft costs (design fees, asbestos abatement, temporary housing, etc.) resulted in a total project cost of approximately $1.2 million. 0528 FireStation2Renovation A major component of the increased costs was determined to be the new metal panel façade that would cover the front of the station. Based on the statement of values received from the bidders, the cost of the new façade during this round of bidding was estimated to be $180,000. On April 23, 2013, Council rejected all bids and authorized staff to conduct a new bidding process. Staff met with the architects, and through value engineering was able to make modifications that were anticipated to result in reduced project costs. An additional significant change in this bid was the removal of the façade from the base bid and instead making it an alternate option. The second bid opening for the project was held on May 21, 2013 and bids without the new façade were received and ranged from $720,230 to $984,700. Bids including the new metal façade ranged from $802,560 to $1,092,900. Staff recommends that the following alternates be included in the contract award: • Alternate 1 — Replacement of emergency backup power generator. • Alternate 2 — Replacement of the rear apparatus garage door with a new insulated door. • Alternate 3 —Addition of lockers to store firefighting turnout gear. • Alternate 4 —Addition of a building access control system that will work with the existing access control system installed at the Municipal Center. • Alternate 7 — Installation of resinous flooring in the apparatus bay to protect and extend the service life of the concrete floor. The inclusion of the metal façade, Alternate 5, would add the "Penn Central" neighborhood identification to the front of the station underneath the existing current lettering "Richfield Station No. 2", which will be reused. There will not be an opportunity to add the neighborhood identification if the new façade is not included, as the apparatus bay entrance will not be modified. As the façade does not affect Fire Department operations, Council will need to determine if it should be included in the contract award. III. BASIS OF RECOMMENDATION A. BACKGROUND • Fire Station 2 was originally constructed in 1963 and underwent its last major renovation in 1983. • The building does not meet the current operational needs of the Fire Department. It lacks storage, equitable facilities for firefighters of both genders and is lacking space for firefighters to maintain physical fitness. • The renovation will include approximately 400 sq. ft. of new space by enclosing the current carport on the front side of the station. This space will be used for office space and allow the department to relocate physical fitness equipment from the current shared dormitory to a small dedicated fitness room. • New, individual dormitories will be created out of the existing common dormitory allowing for men and women to use the facility equally. • A new, energy efficient HVAC system will be installed. • Landscaping and screening to bring the site into compliance with Richfield ordinances. • Replacement of floor drains and plumbing in the apparatus bay floor. • Replacement of inadequate and failing building sewer line. B. POLICY • Council has followed Charter requirements and passed an ordinance approving the project. C. CRITICAL TIMING ISSUES • Due to a market shortage of temporary housing, the City needed to move forward with a vendor to establish temporary housing for Station 2 operations. That housing has been installed on site and is currently in use; a delay in awarding of the contract could delay project completion beyond the housing lease forcing the City to incur additional costs. • Delay in awarding the contract could push project completion past summer and into late 2014. D. FINANCIAL • Staff and Leo A Daly estimate that the total project cost will be approximately $975,000 without the new façade to $1,065,000 with the new façade. • The cost of the design alternates staff recommends to be included are: o Alternate 1 — Emergency Generator- $18,900 o Alternate 2 — Rear Apparatus Door- $9,300 o Alternate 3 — Firefighter Gear Storage - $6,510 o Alternate 4 —Access Control System - $12,500 o Alternate 7 — Resinous Flooring - $16,000 • The price for Alternate 5 — Metal panels which constitute the new building façade is $82,330. • The total project estimates include project soft costs such as temporary housing, temporary relocation of network services, utilities for the temporary housing, design fees and a construction contingency. E. LEGAL • Legal counsel reviewed bid documents prior to publication along with the construction documents. • The bid notification was published in the Richfield Sun Current on May 9, 2013. • All relevant bidding and procurement policies and statutes were observed during the process. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Council may choose to reject all bids and direct staff to obtain new bids. • This is the second bidding process used on this project. Both staff and the architects feel that the bids received are competitive and that the City will not be able to obtain lower prices from a reputable contractor should these bids be rejected. V. ATTACHMENTS • Competitive bid tabulation worksheet. • Renderings of Fire Station 2 with and without the new metal façade. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None CITY OF RICHFIELD, MINNESOTA Bid Opening May 21, 2013 2:00 p.m. Fire Station No. 2 —2013 Renovation Re-Bid Bid No. 13-06 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Nancy Gibbs, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for Fire Station No. 2 —2013 Renovation Re-Bid, as advertised in the official newspaper on May 9, 2013. Present: Nancy Gibbs, City Clerk Wayne Kewitsch, Fire Services Director/Fire Chief Dave Conrads, Building Operations Manager Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: Addenda Alternate Alternate Alternate Alternate Alternate Alternate Alternate Bidder's Name Bid Receipt Lump Sum #1 #2 #3 #4 #5 #6 #7 Bond #1 & 2 Base Proposal Generator Rear Door Turn Out Gear Access Control 1/8"Metal Composite Resinous Replacement Lockers Panel Material Metal Panel Flooring Dering Pierson Yes Yes $ 657,000.00 $18,900.00 $ 9,320.00 $ 6,510.00 $12,500.00 $ 82,330.00 $57,200.00 $16,000.00 Group A&L Construction, Inc. Yes Yes $ 832,000.00 $25,000.00 $ 9,000.00 $ 8,000.00 $14,000.00 $ 94,000.00 $94,000.00 $13,000.00 Maple Grove, MN CM Construction Co. Yes Yes $ 780,800.00 $21,900.00 $ 8,600.00 $ 6,600.00 $14,200.00 $ 80,800.00 $54,600.00 $12,000.00 Burnsville, MN Ebert Construction Yes Yes $ 898,800.00 $42,900.00 $ 7,700.00 $ 7,000.00 $14,300.00 $108,200.00 $81,900.00 $13,500.00 Corcoran, MN Weber, Inc. Yes Yes $ 733,000.00 $22,700.00 $ 7,300.00 $ 8,250.00 $14,600.00 $ 84,600.00 $60,970.00 $15,700.00 The City Clerk announced that the bids would be tabulated and considered at the May 28, 2013 City Council Meeting. Nancy Gibbs City Clerk ... .. • q -0Q. ...., ......„ ... • .,, -..-,., .. .-4.,„:.,-.::::_.-....„......i._•;„.....,..... ...,L._,_x.,....,:„.,../..1.r..,_ •.• ". 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