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072313completeagenda CITY OF RICHFIELD, MINNESOTA TUESDAY, JULY 23, 2013 ******************************************************************************************************* SPECIAL CITY COUNCIL WORKSESSION HEREDIA ROOM 5:45 P.M. AGENDA Call to order Roll call (Worksession discussion times are approximate) 5:45 – 6:15 p.m. 1. Discussion regarding the Orange Line-BRT (Council Memo No. 63) Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 6:15 – 7:00 p.m. 2. Discussion regarding the Three Rivers Park District Regional Trail Naming (Council Memo No. 63) 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 Worksession of July 9, 2013; and (2) Regular City Council Meeting of July 9, 2013 PRESENTATION 1. Hennepin County Sheriff Rich Stanek: a. Presentation of a commendation to Richfield Police Officer Orlando Zabala for events on December 18, 2012 b. Presentation regarding an update of county-wide strategic initiatives 2. Presentation by David Gepner – Three Rivers Park District and Penn Fest 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 rejecting all bids submitted for the Water Treatment Plant – Soda Ash Feed System project S.R. No. 137 B. Consideration of approval of accepting the bid minutes/tabulation and award of a contract to Interstate Improvement, Inc. in the amount of $718,785.00 for the 77th Street Concrete Pavement Repair Project and authorize the City Manager to approve contract changes provided it does not exceed $50,000 S.R. No. 138 C. Consideration of approval of accepting the bid minutes/tabulation and award of a contract to Palda and Sons, Inc. in the amount of $1,058,267.25 for the Richfield Parkway Connection Project and authorize the City Manager to approve contract changes provided it does not exceed $50,000 and approve the hiring of WSB & Associates to perform Construction Engineering Services for the Richfield Parkway Project for a fee not to exceed $139,761.00 S.R. No. 139 D. Consideration of approval of a two-year use and indemnification agreement between the City of Richfield and Tom Price for the use of a 4,690 square-foot strip of land along the edge of Lincoln Field S.R. No. 140 E. Consideration of approval of a resolution rescinding Resolution 10793 and modifying a Post Employment Health Care Savings Plan for Management Employees S.R. No. 141 F. Consideration of approval of a resolution allowing the Fire Department to accept a $200.00 donation from Alerus Mortgage which was donated in the names of two Richfield residents S.R. No. 142 Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 6. Consideration of item(s), if any, removed from Consent Calendar Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ PUBLIC HEARING 7. Public hearing and consideration of a resolution providing host approval for the City of Lilydale to issue tax-exempt notes on behalf of the Academy of Holy Angels Staff Report No. 143 Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 8. Public hearing and consideration of a second reading of a Transitory Ordinance vacating a storm sewer easement at 6400 Lyndale Avenue (former Lyndale Garden Center site) Staff Report No. 144 Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ PROPOSED ORDINANCES 9. Consideration of the second reading of an ordinance relating to the regulation of body art establishments amending Section 630 of the Richfield City Code and a resolution authorizing summary publication of the ordinance Staff Report No. 145 Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ OTHER BUSINESS 10. Consideration of the purchase of new Computer Aided Dispatch/Records Management software from LOGIS for the Richfield 911 Dispatch Center in the amount of approximately $382,000 Staff Report No. 146 Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ CITY MANAGER’S REPORT 11. City Manager’s Report Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 12. 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: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 13. Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. CITY OF RICHFIELD, MINNESOTA Office of City Manager July 18, 2013 Council Memorandum No. 63 The Honorable Mayor and Members of the City Council Subject: Orange Line-BRT and Three Rivers Park District Trail Naming (Worksession Agenda Items No. 1 and 2) Council Members: The July 23, 2013 City Council Worksession will cover two topics: 1. Metro Transit staff will present Orange Line-BRT providing an update on the I-35W Bus Rapid Transit project now in planning stages. 2. City staff will present Three Rivers Park District(TRPD) Trail Naming. TRPD staff is seeking input on potential names for the trail that is currently identified as the Intercity Regional Trail. In discussion with Minneapolis, Richfield, and Bloomington staff, the following names have been proposed: • Mal Freeburg Regional Trail • Wold-Chamberlain Regional Trail • Bartholomew Regional Trail • Nokomis-Long Meadow Regional Trail • Cedar-Valley Regional Trail • Valley Link Regional Trail Council Members are invited to think of potential trail names in advance of the Worksession and bring those ideas for discussion. The goal will be to develop a list of Richfield's top three choices (or less). Please contact Mike Eastling, Public Works Director, at 612-861-9792 with questions. = - ully submi+ 410 !do � i . De y Manager SLD: tjs Email: Department Directors Assistant City Manager CITY COUNCIL MINUTES Richfield, Minnesota ��qieed Special City Council Worksession July 9, 2013 CALL TO ORDER The meeting was called to order by Mayor Goettel at 5:30 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; Wayne Kewitsch, Fire Services Director/Fire Chief, Todd Sandell, Public Safety Director/Police Chief; Jay Henthorne, Deputy Public Safety Director/Deputy Police Chief; Pam Dmytrenko, Assistant City Manager; and Cheryl Krumholz, Executive Coordinator. Item # I DISCUSSION REGARDING FUTURE 9-1-1 DISPATCHING OPTIONS (COUNCIL MEMO NO. 57) City Manager Devich provided an update on the future of 911 dispatching related to the deadline for a decision by the City to purchase an updated Computer Aided Dispatch/Records Management software package from the LOGIS group. Hennepin County stated at the May 28 meeting that they could assume the dispatch duties for the City within its new communications center. Since that meeting, the City has received proposals from Bloomington and Edina for providing dispatch service to Richfield. Deputy Chief Henthorne reviewed the quote comparisons (Richfield, Bloomington, Edina and Hennepin County) for Richfield's dispatching options. City Manager Devich reviewed the procedural questions and concerns regarding the potential move of Richfield's dispatching center (PSAP) to an outside facility. He added that it is staffs' belief that each of the three out-sourced dispatch providers could provide a good, safe and responsive alternative to continuing to maintain Richfield's PSAP but that the three outsourced proposals vary significantly. Lorrine Draper, Edina Police Department, Civil Services Manager, explained the Edina proposal. Jeff Potts, Bloomington Police Chief, explained the Bloomington proposal. Mike Carlson, Hennepin County Chief Deputy, and Jim Behr, Hennepin County Captain, explained the Hennepin County proposal. Special Worksession Minutes -2- July 9, 2013 Council Member Fitzhenry expressed concerns regarding service levels and channel traffic. He added that his decision leaned toward retaining Richfield dispatch or going to Bloomington. Mayor Goettel agreed with Council Member Fitzhenry regarding channel traffic and that the synergy of looking at another city for services should be considered. Fire Services Director/Fire Chief Kewitsch explained the Richfield Fire Department already works closely with Edina and Bloomington. There would be a major change in daily operations with a move to Hennepin County dispatching but adjustments could be made. Council Members Elliott and Garcia indicated they visited the Hennepin County dispatch center. Council Member Elliott expressed concerns regarding the proposed two-year length of the Edina contract. Council Member Garcia expressed confidence in the Hennepin County dispatching. Council Member Sandahl stated that the dispatching service proposals agree to provide responsive services to Richfield residents. She stated that long-term services need to be considered and the cost of Hennepin County dispatching is already included in property taxes. City Manager Devich stated that at the July 23 Regular City Council Meeting the City Council will need to decide on the purchase of the updated Computer Aided Dispatch/Records Management software package from LOGIS. Depending upon that decision, the selection of who should provide the out-sourcing of dispatch services could be decided at a future meeting. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:47 p.m. Date Approved: July 23, 2013 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota ge446eeed Re 9 ular Meeting July 9, 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; Pat Elliott; Sue Sandahl; Tom Fitzhenry; and Edwina Garcia. Staff Present: Steven L. Devich, City Manager; John Stark, Community Development Director; Mike Eastling, Public Works Director; Todd Sandell, Public Safety Director; Mary Tietjen, City Attorney; and Cheryl Krumholz, Executive Coordinator. OPEN FORUM Susan Rosenberg, 6633 Thomas Avenue, announced the Richfield Beautiful Garden Tour on Saturday, July 13. PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Garcia, S/Sandahl to approve the minutes of(1) Special Concurrent City Council and Planning Commission Worksession of June 25, 2013; and (2) Regular City Council Meeting of June 25, 2013. Motion carried 5-0. Item #1 COUNCIL DISCUSSION • CANCELLATION OF TUESDAY, AUGUST 27, 2013 REGULAR CITY COUNCIL MEETING • HATS OFF TO HOMETOWN HITS Council Meeting Minutes -2- July 9,2013 M/Fitzhenry, S/Elliott to cancel the Tuesday, August 27, 2013 Regular City Council Meeting. Motion carried 5-0. Council Member Sandahl announced the July 14 Asante Children's Choir concert at Woodlake Lutheran Church. The City Council discussed the success July 4 events and acknowledged the efforts of the Fourth of July Committee. Council Member Fitzhenry discussed the recent outdoor concert and Veterans Memorial Park as a potential band shell site. Mayor Goettel encouraged residents to perform property maintenance now that the wet weather has passed. Mayor Goettel requested the City monitor the weeds along 76th Street. Item #2 COUNCIL APPROVAL OF AGENDA M/Fitzhenry, S/Sandahl to approve the agenda. Motion carried 5-0. Item #3 CONSENT CALENDAR A. Consideration of approval of the first reading of a transitory ordinance vacating a storm sewer easement at 6400 Lyndale Avenue and scheduling a public hearing and second reading for July 23, 2013 S.R. No. 127 B. Consideration of approval of the first reading of an ordinance amending the Richfield City Code relating to tattoo, body piercing, body branding and body painting services S.R. No. 128 C. Consideration of approval of a resolution authorizing an interim use permit to allow Richfield Bloomington Honda to use City-owned property at 7700 Pillsbury Avenue for off-site employee parking S.R. No. 129 RESOLUTION NO. 10811 RESOLUTION APPROVING AN INTERIM USE PERMIT TO ALLOW A STANDALONE PARKING FACILITY BY RICHFIELD BLOOMINGTON HONDA AT 7700 PILLSBURY AVENUE This resolution appears as Resolution No. 10811. D. Consideration of approval of a resolution authorizing acceptance of grant monies in the amount of$26,300 from the MN Department of Commerce Auto Theft Prevention for the purchase of two automated license plate readers to be used in the Police Patrol Division S.R. No. 130 RESOLUTION NO. 10812 RESOLUTION AUTHORIZING RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY/POLICE TO ACCEPT THE AUTO THEFT PREVENTION GRANT FROM THE MINNESOTA DEPARTMENT OF COMMERCE FOR $26,300 TO BE USED TO PURCHASE TWO AUTOMATED LICENSE PLATE READERS This resolution appears as Resolution No. 10812. Council Meeting Minutes -3- July 9,2013 E. Consideration of approval of authorizing an additional $33,905 for concrete, sidewalk, curb and gutter repair S.R. No. 131 F. Consideration of approval of a resolution authorizing "No Parking" on both sides of Richfield Parkway from 65th to 63rd Street S.R. No. 132 RESOLUTION NO. 10813 RESOLUTION FOR PARKING RESTRICTIONS ON RICHFIELD PARKWAY FROM 65TH STREET TO 63RD STREET This resolution appears as Resolution No. 10813. M/Goettel, S/Fitzhenry to approve the Consent Calendar. Motion carried 5-0. Item #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Item #5 DISCIPLINARY HEARING REGARDING A RESOLUTION IMPOSING CIVIL ENFORCEMENT ON AN ESTABLISHMENT IN RICHFIELD THAT UNDERWENT A TOBACCO COMPLIANCE CHECK CONDUCTED BY THE RICHFIELD PUBLIC SAFETY AND FAILED BY SELLING TOBACCO TO UNDERAGE YOUTH S.R. NO. 133 Mayor Goettel presented Staff Report No. 133. Pump N Munch —6300 Lyndale Avenue— no representative present. Public Safety Director Sandell stated no appearance has been deemed admission of fault. City Manager Devich suggested mandating appearance as part of the enforcement. City Manager Devich apologized to the City Council that one Richfield Liquor Store failed the compliance check. He explained the strict City policy. Council Member Sandahl suggested increasing the penalty if the establishment does not appear. City Attorney Tietjen stated that it is within local control to establish the penalty. M/Goettel, S/Fitzhenry that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10814 RESOLUTION SUSPENDING THE TOBACCO LICENSE FOR PUMP N MUNCH, 6300 LYNDALE AVENUE SOUTH, AND IMPOSING A CIVIL PENALTY FOR SECOND TIME TOBACCO COMPLIANCE FAILURE Motion carried 5-0. This resolution appears as Resolution No. 10814. Council Meeting Minutes -4- July 9,2013 Item #6 CONSIDERATION OF A RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT WITH INTOXICATING LIQUOR FOR EL TEJEBAN AT 6501 NICOLLET AVENUE S.R. NO. 134 Council Member Garcia presented Staff Report No. 134. M/Garcia, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10815 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A FULL-SERVICE RESTAURANT AT 6501 NICOLLET AVENUE Council Member Elliott asked about the process of facilitating and monitoring the Planning Commission's recommended stipulation requiring the property owner to meet with staff and a neighborhood representative to discuss noise and nuisance issues that are of concern to the residents in the area. Community Development Director Stark clarified that the Planning Commission's direction was for staff to serve as the facilitator with planning and environmental health staff as resources. Luis Caire, applicant representative, expressed concerns that the hours of operation of this new business are being limited based upon the conduct of the prior tenant. He stated that El Tejeban's current location has been operating across the street for five years and open until 2 a.m. Monday through Friday with no liquor sales violations. He added that closing at midnight would not work financially. He requested the City Council reconsider the 12 a.m. closing and consider having liquor sales end at 10 p.m. Monday through Thursday and 2 a.m. on Friday through Sunday. Community Development Director Stark stated that the 12 a.m. closing was a staff recommendation based upon feedback after the Planning Commission meeting. He added that the business's new location abuts a residential area and the one across the street does not. El Tejeban will need to apply for a new liquor license for the new location. Council Member Sandahl stated that she was comfortable extending the hours of operation because El Tejeban has been operating a business with no issues. M/Sandahl, S/Fitzhenry to approve a friendly amendment to the original motion to revise the stipulation to allow hours of operation of 10 a.m. to 10 p.m. Monday through Thursday and 10 a.m. to 2 a.m. Friday through Sunday. Robert Wise, property management representative, agreed to meeting with the neighborhood and compromising on parking and noise issues. M/Sandahl, S/Fitzhenry to approve a second friendly amendment to the first amendment to include a stipulation to require the installation of bicycle racks. Council Member Garcia suggested waiting on requiring bicycle racks until there are standards in place so there is consistency for all businesses. Council Member Sandahl stated the Bicycle Task Force is developing the standard. Motion carried 5-0. (original motion and first friendly amendment) Motion carried 5-0 (second friendly amendment) This resolution appears as Resolution No. 10815. Council Meeting Minutes -5- July 9,2013 Community Development Director Stark asked for clarification regarding the first amendment for hours of operation of 10 a.m. to 10 p.m. Monday through Thursday and 10 a.m. to 2 a.m. Friday through Sunday. Mayor Goettel and the applicant confirmed that those were the correct hours of operation. City Manager Devich wanted further clarification as to if the friendly amendment was for hours of operation or hours of alcohol sales. The applicant confirmed that it was for hours of operation. All business will cease at 10 p.m. Monday through Thursday and 2 a.m. Friday through Sunday. Item #7 CONSIDERATION OF A RESOLUTION DENYING AN AMENDMENT TO THE APPROVED CEDAR POINT COMMONS PLANNED UNIT DEVELOPMENT, FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT THAT WOULD ALLOW CONSTRUCTION OF A MCDONALD'S RESTAURANT AT THE NORTHWEST CORNER OF 66TH STREET AND RICHFIELD PARKWAY S.R. NO. 135 Community Development Director Stark informed the Council that McDonald's requested Items 7 & 8 be continued to August 13, 2013. M/Goettel, S/Fitzhenry to amend the agenda to continue consideration of Item 7 and Item 8 to the August 13, 2013 Regular City Council Meeting. Motion carried 5-0. Item #8 PUBLIC HEARING REGARDING A RESOLUTION DENYING APPROVAL OF A REVISED PLAT FOR THE AREA AT THE NORTHWEST CORNER OF 66TH STREET AND RICHFIELD PARKWAY; LOTS 1, 2 AND 3, BLOCK 2, CEDAR POINT COMMONS S.R. NO. 136 By the City Council motion for Item 7, this item was continued to the August 13, 2013 Regular City Council Meeting. Item #9 CITY MANAGER'S REPORT City Manager Devich explained why the July 4 carnival was discontinued. Item #10 CLAIMS AND PAYROLLS M/Fitzhenry, S/Sandahl that the following claims and payrolls be approved: U.S. Bank 07/09/13 A/P Checks: 223109 - 223513 $ 1,397,868.88 Payroll: 93717—94091; 42163 -42165 $ 611,401.18 TOTAL $ 2,009,270.06 Motion carried 5-0. Council Meeting Minutes -6- July 9,2013 OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 7:57 p.m. Date Approved: July 23 2013 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager AGENDA SECTION: CONSENT AGENDA ITEM# SA REPORT# 137 =AIM STAFF REPORT RICHFIELD CITY COUNCIL MEETING JULY 23, 2013 REPORT PREPARED BY: ROBERT HINTGEN, UTILITY SUPERINTENDENT NAME,TITLE DEPARTMENT DIRECTOR REVIEW: 111/ ' S NATURE OTHER DEPARTMENT REVIEW: 0 v FIRE REVIEWED BY CITY MANAGER: SIC' so _i_A.,Lall■ ( .fir ITEM FOR COUNCIL CONSIDERATION: Consideration to reject all bids submitted for the Water Treatment Plant— Soda Ash Feed System project. I. RECOMMENDED ACTION: By Motion: Reject all bids submitted for the Water Treatment Plant — Soda Ash Feed System project. II. EXECUTIVE SUMMARY As part of its 2013 Capital Improvement Program (CIP), the Council identified and approved the Water Treatment Plant Soda Ash Feed System Project. Plans and specifications were prepared by Short Elliot Hendrickson, Inc. (SEH) and an advertisement for bids was published on June 13 and June 20. On July 9, 2013, the City received four bids for the Soda Ash Feed Project. Two of the bids contained irregularities in the completion of the bid form and two of the bid forms were completed correctly. The apparent low bidder was one that contained irregularities. In addition, while the project was being advertised, staff was informed that one of the proposed manufacturers for one of the project alternates had filed for Chapter 11 bankruptcy. Due to the irregularities in the bids and the bankruptcy 072313 SodaAshBid Reiections action, staff is recommending the City exercise its right to reject all bids and rebid the project. Re-bidding the project will allow staff to amend the bidding documents to eliminate any potential confusion to bidders, as well as identify an alternative manufacturer. III. BASIS OF RECOMMENDATION A. BACKGROUND The Soda Ash Feed System Project was identified and approved in the City's 2013 Capital Improvement Program (CIP). The Soda Ash project came about after the completion of a Raw Water Study. Over the past few years the water coming out of the aquifer has been gradually getting harder and the current excess lime feed system can only soften the water to a certain point. The addition of Soda Ash will aid in the treatment of this harder water. After receiving the bids, it became clear to staff that the bidding instructions may have created some confusion to the bidders about how to complete the bid forms. In addition, due to the bankruptcy action filed by one of the proposed manufacturers identified in the bidding documents, staff is understandably concerned about moving forward with the project using that manufacturer. B. POLICY • The City has the authority to reject all bids and re-bid the project. • Re-bidding the project will allow for changes to the bidding forms. C. CRITICAL TIMING ISSUES • Council action is required in order to be able to complete the re-bid process in a timely manner. D. FINANCIAL • Costs associated with re-bidding the project will be minimal. E. LEGAL • Legal Counsel has been consulted regarding this situation. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • N/A V. ATTACHMENTS • Bid tabulation worksheet from the July 9, 2013 bid opening. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 2 CITY OF RICHFIELD, MINNESOTA Bid Opening July 9, 2013 2:00 p.m. Water Treatment Plant— Soda Ash Feed System Bid No. 13-05 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Theresa Schyma, Deputy City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for Water Treatment Plant— Soda Ash Feed System, as advertised in the official newspaper on June 13 & 20, 2013. Present: Theresa Schyma, Deputy City Clerk Robert Hintgen, Utilities Superintendent Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: Water Treatment Plant—Soda Ash Feed Shank Contractors, Inc. Magney Construction, Inc. Rice Lake Construction Group Gridor Construction, Inc. System 3501 85th Avenue North 1401 Park Road PO Box 517 3990 27th Street SE Brooklyn Park, MN 55443 Chanhassen, MN 55317 Deerwood, MN 56444 Buffalo, MN 55313 BID USING ENPRO(ALTERNATE 2) Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Base bid Using Enpro $424,300.00 $418,300.00 $506,000.00 $440,697.00 Unit Price Bid $750.00 $6,750.00 $6,000.00 $7,500.00 . :› I Alternate 1 $5,200.00 $5,100.00 $4,400.00 $4,400.00 TOTAL BID AMOUNT $430,250.00 $430,150.00 $516,400.00 $452,597.00 BID USING MERRICK(ALTERNATE3) Base Bid Using Merrick $438,700.00 $471,300.00 $490,000.00 $490,030.00 Unit Price Bid $750.00 $6,750.00 $6,000.00 $7,500.00 Alternate 1 $5,200.00 $5,100.00 $4,400.00 $4,400.00 TOTAL BID AMOUNT $444,650.00 $483,150.00 $500,400.00 $501,930.00 The Deputy City Clerk announced that the bids would be tabulated and considered at the July 23, 2013 City Council Meeting. Theresa Schyma Deputy City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 5B REPORT# 138 STAFF REPORT RICHFIELD CITY COUNCIL MEETING JULY 23, 2013 REPORT PREPARED BY: ELIZABETH FINNEGAN, CIVIL ENGINEER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: i Kg r VVt,E SIGNATURE OTHER DEPARTMENT REVIEW: N/ vf REVIEWED BY CITY MANAGER: I aft __ _Amu/ . ITEM FOR COUNCIL CONSIDERATION: Consideration of • Award of contract for the 77th Street Concrete Pavement Repair Project and • Authorization for the City Manager to approve contract changes under $50,000 without further City Council authorization. I. RECOMMENDED ACTION: By Motion: 1. Accept the bid minutes/tabulation and award contract to Interstate Improvement, Inc. in the amount of$718,785.00 for the 77th Street Concrete Pavement Repair Project. 2. Authorize the City Manager to approve contract changes under $50,000 without further City Council authorization. II. EXECUTIVE SUMMARY 77th Street from 76th Street to Bloomington Avenue was constructed in the mid- 1990s. Since its construction, no major maintenance has been completed. A recent survey of the existing condition was conducted, and in order to preserve the life of the roadway the following repairs are recommended: • Concrete joint repairs • Concrete crack repairs 0723201377thStreetConcretePavementRepair • Catch-basin repairs • Concrete sidewalk and curb and gutter replacement Bids for work to be performed under City direction were opened on July 16, 2013. Interstate Improvement, Inc. was the lowest responsible bidder with a bid of $718,785.00 (bid tabulation attached). III. BASIS OF RECOMMENDATION A. BACKGROUND • 77th Street was constructed in the mid-90s and has never received maintenance repairs. • Kimley-Horn and Associates was hired to perform a survey of the existing conditions of 77th Street and determine the necessary repairs. B. POLICY • Council approval is required for expenditures over $50,000. C. CRITICAL TIMING ISSUES • The acceptance of the bid tabulation and the award of contract will allow the construction to stay on schedule for an August 2013 start. D. FINANCIAL • One bid was received for construction; the low bid was $718,785.00 • The estimated cost of construction is $843,823.50, so the project is within the expected budget estimates. • The project will be funded using franchise fees, storm water utility funds and Municipal State Aid (gas tax). E. LEGAL • All contracts over$100,000 require sealed bids to be solicited by public notice. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS) • The Council may postpone the award of the contract. V. ATTACHMENTS • Contract • Bid Minutes and tabulation VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. ,5S- HENNEPIN COUNTY, MINNESOTA CONTRACT FOR MUNICIPAL CONSTRUCTION State Project No. 157-108-037 City Project No. 41012 Contract No. 2788 Class of Work: Crack and joint repair, partial depth repair, full depth repair, sidewalk, curb and gutter, storm sewer repair. THIS AGREEMENT, made on the twenty-third (23rd) day of July, 2013, by and between the City of Richfield, Minnesota, acting by and through its Mayor and City Manager, herein called the "City," and Interstate Improvement, Inc. herein called the "Contractor," witnesseth; that the Contractor, in consideration of the payment of the contract price therefor, amounting substantially to SEVEN HUNDRED EIGHTEEN THOUSAND, SEVEN HUNDRED EIGHTY FIVE DOLLARS AND ZERO CENTS ($ 718,785.00), agrees to furnish all materials (except such as are specified to be furnished by the City, if any), all necessary tools and equipment, and to do and perform all the necessary work and labor for the full completion of city projects as follows: 77th Street Concrete Pavement Repair Project 76th Street to Bloomington Avenue City Project No. 41012 as shown in the approved plans, for the price and compensation set forth and specified in the proposal signed by the Contractor, which is hereto attached and hereby made a part of this Agreement, all in accordance with the plans, specifications and special provisions therefor on file in the office of the Public Works Department, City of Richfield, and hereby made a part of this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The Contractor agrees that the work shall be done and performed in the best and most workmanlike manner; that all materials and labor shall be in strict conformity in every respect with the plans, specifications and special provisions for the improvement, shall be subject to inspection and approval of the City of a duly authorized engineer of the City, and in case any material or labor supplied shall be rejected by the City or engineer as defective or unsuitable, then such rejected material shall be removed and replaced with approved material and the rejected labor shall be done anew to the satisfaction and approval of the City or engineer and at the cost and expense of the Contractor. The contractor further agrees that he will commence work hereunder after July 23, 2013 and will have all work done and the improvement fully completed to the satisfaction and approval of the City Council of the City of Richfield, Minnesota, on or before October 18, 2013. Page 2 " B- d- CITY OF RICHFIELD, HENNEPIN COUNTY, MINNESOTA CONTRACT FOR MUNICIPAL CONSTRUCTION State Project No. 157-108-037 City Project No. 41012 Contract No. 2788 Class of Work: Crack and joint repair, partial depth repair, full depth repair, sidewalk, curb and gutter, storm sewer repair. Time is the essence of this Agreement for prompt completion and, if the Contractor shall fail to complete the work within the time herein specified, the City shall have the right to deduct from the unpaid part of the contract price fixed, agreed, and liquidated damages (it being impossible to determine the actual damages occasioned by the delay) for each calendar day of delay, until the work is completed. It is agreed, however, that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which will delay the completion of specifications may extend the date hereinbefore specified for completion. In such case the Contractor shall become liable for said liquidated damages only for failure to perform within the time so extended. It is agreed also that delays caused by the elements or by strikes or other combined action of workmen employed in the construction or in the transportation of materials, but in no part caused or resulting from default or collusion on the part of the Contractor, shall be excused to the extent which the City may find and determine such conditions to have delayed completion within the time limit. The judgment of the City in fixing such amount shall be final and conclusive upon the parties hereto. It is distinctly understood and agreed that no claims for extra work done or materials furnished by the Contractor will be allowed by the City except as provided herein, nor shall the Contractor do any work or furnish any materials not covered by the plans, specifications, special provisions and this Agreement unless such work is first ordered in writing as provided in the specifications. Any such work or materials which may be done or furnished by the Contractor without such written order first being given shall be at his own risk, cost and expense and he hereby agrees that without such written order he will make no claim for compensation for work or materials so done or furnished. Page3 516 ,E CITY OF RICHFIELD, HENNEPIN COUNTY, MINNESOTA CONTRACT FOR MUNICIPAL CONSTRUCTION State Project No. 157-108-037 City Project No. 41012 Contract No. 2788 Class of Work: Crack and joint repair, partial depth repair, full depth repair, sidewalk, curb and gutter, storm sewer repair. It is further agreed, anything to the contrary notwithstanding, that the City of Richfield, City Council and its agents or employees shall not be personally liable or responsible in any manner to the Contractor, Subcontractors, material men, laborers or to any person or persons whomsoever for any claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and improvement provided herein. Dated at Richfield, Minnesota, this twenty-third (23rd) day of July, 2013. Signatures for INTERSTATE IMPROVEMENT, INC. (Contractor) By Its Signatures for the CITY OF RICHFIELD, MINNESOTA By Debbie Goettel, Mayor By Steven L. Devich, City Manager 5P:1- Li CITY OF RICHFIELD, MINNESOTA Bid Opening July 16, 2013 10:30 a.m. 77th Street Concrete Pavement Repair Bid No. 13-07 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 77th Street Concrete Pavement Repair, as advertised in the official newspaper on July 4, 2013. Present: Nancy Gibbs, City Clerk Liz Finnegan, Civil Engineer Derick Anderson, Engineering Technician Theresa Schyma, City Manager Representative The following bids were submitted and read aloud: Bidder's Name Bid Bond Addendum Total Base Bid No. 1 Interstate Improvement, Inc. Provided Provided $ 718,785.00 Faribault, MN The City Clerk announced that the bids would be tabulated and considered at the July 23, 2013 City Council Meeting. Nancy Gibbs City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 5C REPORT# 139 STAFF REPORT RICHFIELD CITY COUNCIL MEETING JULY 23, 2013 REPORT PREPARED BY: ELIZABETH FINNEGAN, CIVIL ENGINEER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: K- 4- lE SIGNATURE OTHER DEPARTMENT REVIEW: ❑ N/'00 ;ter REVIEWED BY CITY MANAGER: .41/7 4 :- ITEM FOR COUNCIL CONSIDERATION: Consideration of • Award of contract for the Richfield Parkway Connection Project (Bloomington Avenue to Richfield Parkway) and • Authorization for the City Manager to approve changes in the construction contract up to $50,000. • Hiring WSB & Associates to provide construction engineering services. I. RECOMMENDED ACTION: By Motion: 1. Accept the bid minutes/tabulation and award contract to Palda and Sons, Inc. in the amount of$1,058,267.25 for the Richfield Parkway Connection Project. 2. Authorize the City Manager to approve contract changes under$50,000 without further City Council authorization. 3. Approve the hiring of WSB & Associates to perform Construction Engineering Services for the Richfield Parkway Project for a fee not to exceed $139,761.00. II. EXECUTIVE SUMMARY 07232013Richfield PkwyConnectionContract. Consistent with City Council direction, the Capital Improvement Plan, and the City's Comprehensive Plan, staff is working towards the completion of the Taft Lake Water Quality Improvement (TLWQI) Project. This project also includes construction of the Richfield Parkway North Connection (Bloomington Avenue to Richfield Parkway) and improvements at Veteran's Park. Bids for the construction of the Richfield Parkway Connection were opened on July 15, 2013. Palda and Sons, Inc. was the lowest responsible bidder (bid tabulation attached). The Engineering firm of WSB &Associates has submitted a proposal to provide the construction engineering services for the construction of the Richfield Parkway Connection Project in an amount not to exceed $139,761.00. III. BASIS OF RECOMMENDATION A. BACKGROUND • The City Council approved the 25-mph curve layout alternative on Richfield Parkway between 17th Avenue and Bloomington Avenue on March 22, 2011. • WSB &Associates is in the City's Engineering Consultant Pool and is an experienced engineering firm that also completed the plans, specifications and construction services oversight on the Richfield Parkway Roundabout and the Portland Avenue Roundabout Projects. B. POLICY • The Replacement of Cedar Avenue by a new Richfield Parkway is identified in the Comprehensive Plan (6-19). • The Richfield Parkway connection would provide a secondary access to Cedar Point Commons as required in the developer's agreement. • Council approval is required for expenditures over $50,000. C. CRITICAL TIMING ISSUES • The acceptance of the bid tabulation and the award of contract will allow the construction to stay on schedule for an August 2013 start. D. FINANCIAL • Four bids were received for construction; the low bid was $1,058,267.25 • The Engineer's Opinion of Cost for construction was $1,246,356.30, so the bid is within the expected budget estimates. • The bulk of the project will be funded by the Minnehaha Creek Watershed District; however, Storm Water Utility and Municipal State Aid (gas tax) funds will be available, if needed. • Some Water and Sewer Utility fund will be used to replace existing sewer mains. E. LEGAL • All contracts over $100,000 require sealed bids to be solicited by public notice. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council may postpone the award of the contract. V. ATTACHMENTS • Bid Minutes and tabulation • Contract • Project Graphic VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. 5a- I CITY OF RICHFIELD, MINNESOTA Bid Opening July 15, 2013 2:00 p.m. Richfield Parkway North Connection Construction Bid No. 13-09 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 Richfield Parkway North Connection Construction, as advertised in the official newspaper on June 20, 27 and July 4, 2013. Present: Nancy Gibbs, City Clerk Jeff Pearson, Transportation Engineer Liz Finnegan, Civil Engineer Theresa Schyma, City Manager Representative The following bids were submitted and read aloud: Addendum Bidder's Name Bid Bond No. 1 Total Base Bid Received Max Steininger, Inc. Provided Yes $ 1,143,404.30 Eagan, MN Northwest Asphalt, Inc. Provided Yes $ 1,154,709.16 Shakopee, MN Palda & Sons, Inc. Provided Yes $ 1,058,267.25 St. Paul, MN Bituminous Roadways, Inc. Provided Yes $ 1,477,769.15 Mendota Heights, MN The City Clerk announced that the bids would be tabulated and considered at the July 23, 2013 City Council Meeting. Nancy Gibbs City Clerk Ded CITY OF RICHFIELD HENNEPIN COUNTY, MINNESOTA CONTRACT FOR MUNICIPAL CONSTRUCTION State Project No. 157-370-004 City Project No. 41005 Contract No. 2790 Class of Work: Street, Underground Utility, Landscaping, and Lighting. THIS AGREEMENT, made on the twenty-third (23rd) day of July, 2013, by and between the City of Richfield, Minnesota, acting by and through its Mayor and City Manager, herein called the "City," and Palda and Sons, Inc. herein called the "Contractor," witnesseth; that the Contractor, in consideration of the payment of the contract price therefor, amounting substantially to ONE MILLION, FIFTY EIGHT THOUSAND, TWO HUNDRED SIXTY SEVEN DOLLARS AND TWENTY-FIVE CENTS ($ 1,058,267.25), agrees to furnish all materials (except such as are specified to be furnished by the City, if any), all necessary tools and equipment, and to do and perform all the necessary work and labor for the full completion of city projects as follows: Richfield Parkway Connection Project Bloomington Avenue to 17th Avenue City Project No. 41005 as shown in the approved plans, for the price and compensation set forth and specified in the proposal signed by the Contractor, which is hereto attached and hereby made a part of this Agreement, all in accordance with the plans, specifications and special provisions therefor on file in the office of the Public Works Department, City of Richfield, and hereby made a part of this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The Contractor agrees that the work shall be done and performed in the best and most workmanlike manner; that all materials and labor shall be in strict conformity in every respect with the plans, specifications and special provisions for the improvement, shall be subject to inspection and approval of the City of a duly authorized engineer of the City, and in case any material or labor supplied shall be rejected by the City or engineer as defective or unsuitable, then such rejected material shall be removed and replaced with approved material and the rejected labor shall be done anew to the satisfaction and approval of the City or engineer and at the cost and expense of the Contractor. The contractor further agrees that he will commence work hereunder as soon after the Pre-Construction Meeting and as appropriate permits have been obtained, and will have all work done and the improvement fully completed to the satisfaction and approval of the City Council of the City of Richfield, Minnesota, on or before November 1, 2013. Page 2 5C- 3 CITY OF RICHFIELD, HENNEPIN COUNTY, MINNESOTA CONTRACT FOR MUNICIPAL CONSTRUCTION State Project No. 157-370-004 City Project No. 41005 Contract No. 2790 Class of Work: Street, Underground Utility, Landscaping, and Lighting. Time is the essence of this Agreement for prompt completion and, if the Contractor shall fail to complete the work within the time herein specified, the City shall have the right to deduct from the unpaid part of the contract price fixed, agreed, and liquidated damages (it being impossible to determine the actual damages occasioned by the delay) for each calendar day of delay, until the work is completed. It is agreed, however, that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which will delay the completion of specifications may extend the date hereinbefore specified for completion. In such case the Contractor shall become liable for said liquidated damages only for failure to perform within the time so extended. It is agreed also that delays caused by the elements or by strikes or other combined action of workmen employed in the construction or in the transportation of materials, but in no part caused or resulting from default or collusion on the part of the Contractor, shall be excused to the'extent which the City may find and determine such conditions to have delayed completion within the time limit. The judgment of the City in fixing such amount shall be final and conclusive upon the parties hereto. It is distinctly understood and agreed that no claims for extra work done or materials furnished by the Contractor will be allowed by the City except as provided herein, nor shall the Contractor do any work or furnish any materials not covered by the plans, specifications, special provisions and this Agreement unless such work is first ordered in writing as provided in the specifications. Any such work or materials which may be done or furnished by the Contractor without such written order first being given shall be at his own risk, cost and expense and he hereby agrees that without such written order he will make no claim for compensation for work or materials so done or furnished. Page 3 CITY OF RICHFIELD, HENNEPIN COUNTY, MINNESOTA CONTRACT FOR MUNICIPAL CONSTRUCTION State Project No. 157-370-004 City Project No. 41005 Contract No. 2790 Class of Work: Street, Underground Utility, Landscaping, and Lighting. It is further agreed, anything to the contrary notwithstanding, that the City of Richfield, City Council and its agents or employees shall not be personally liable or responsible in any manner to the Contractor, Subcontractors, material men, laborers or to any person or persons whomsoever for any claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and improvement provided herein. Dated at Richfield, Minnesota, this twenty-third (23rd) day of July, 2013. Signatures for PALDA AND SONS, INC. (Contractor) By Its Signatures for the CITY OF RICHFIELD, MINNESOTA By Debbie Goettel, Mayor By Steven L. 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A i • ,„- NV I.. ..--..,-.- - ,111Wri---- Irflarrar 3 ilf 1,,W.E.. .,- Potential Property Impacts y.., - , , 4-7 . 4 „ 'Si •••-• ,2011Forestastr=tteiry Traffic 200 Au ' , :p...6011 STREe.'- 200 ADT(4100) . ■ 1850 ADT(-950) - ... , , , 100 ACIT' i (Change from Existing) -- I 2011 Form tste.rtar4ty Traffic Street Potentially 1900 ADT(-900)■ Pecrnanently Closet. I (Change from ExisUng) rigid Richfield Parkway North Connection Study 25 mph Curve Alternative City of Richfield, Minnesota January 19, 2011 AGENDA SECTION: CONSENT AGENDA ITEM# 5D REPORT# 140 STAFF REPORT ge6 eQaC CITY COUNCIL MEETING .�' JULY 23, 2013 REPORT PREPARED BY: JIM TOPITZHOFER,RECREATION SERVICES DIRECTOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: 1frv\ I op1t�,.(t@ — SIGNATURE OTHER DEPARTMENT REVIEW: ❑ . N ANI TAW SIGNAT REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached two-year Use and Indemnification Agreement between the City of Richfield and Tom Price for the use of a 4,690 square-foot strip of land along the edge of Lincoln Field. I. RECOMMENDED ACTION: By Motion: Approve the attached two-year Use and Indemnification Agreement between the City of Richfield and Tom Price for the rental of a 4,690 square-foot strip of land along the edge of Lincoln Field. II. EXECUTIVE SUMMARY Mr. Price, owner of the manufactured home park Woodlawn Terrace, has rented the northern ten feet of the Lincoln Athletic Complex for many years for purposes of accommodating five larger units. The City rents out the property through a use and indemnification agreement that has been renewed every two years since 1997. The current agreement expires on July 31, 2013 and staff has negotiated a new agreement and rental rate. Mr. Price has agreed to pay rent of$2,175 per year which falls within the suggested range calculated by the County Appraiser based upon the current land value of a manufactured home park of similar size to Woodlawn Terrace. III. BASIS OF RECOMMENDATION 0723 Tom Price.doc A. BACKGROUND The County Appraiser suggested a rate of$2,175 to $2,645 per year based upon the current land value of a manufactured home park of similar size to Woodlawn Terrace and given the restrictions that apply to the strip of land. Mr. Price has paid a rate of$1,850 per year for the past two years and has agreed to raise the rate to $2,175 per year for next rental period of 2013- 2015. Although the new rate represents an 18% increase, the increase now allows the City to collect a rental rate that matches the value of the land. B. POLICY • By policy, the City Council reviews, considers and executes all City contracts, including lease renewals. C. CRITICAL TIMING ISSUES • The arrangement has been revisited every two years. The City does not have an immediate need for the land. D. FINANCIAL • Mr. Price was agreeable to raising the rental rate from $1,850 to $2,175. E. LEGAL • The attached Use and Indemnification Agreement was reviewed by the City Attorney. • The City has a number of provisions to terminate the Use and Indemnification Agreement including if Mr. Price should decide to sell his property. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Do not approve the Use and Indemnification Agreement with Tom Price for the strip of land at Lincoln Field. V. ATTACHMENTS • Use and Indemnification Agreement between the City and Tom Price. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Mr. Tom Price USE AND INDEMNIFICATION AGREEMENT CITY OF RICHFIELD AND THOMAS PRICE THIS USE AND INDEMNIFICATION AGREEMENT (the "Agreement") is made as of July 23, 2013 by and between the CITY OF RICHFIELD, a Minnesota municipal corporation (the "City"), and THOMAS PRICE, an individual residing at 7421 Lyndale Avenue South, Richfield, MN 55423 ("Price"). RECITALS A. Price is the owner of a tract of land which is legally described in the Property ID number 34 028 24 32 0015. ADN UNPLATTED 34 028 24. METES/BOUNDS DESCRIPTION: THE S 5 ACRES OF THE N 10 ACRES OF NW 1&4 OF SW 1&4 AND THE N 4 FT THAT PART OF THE NW 1&4 OF SW 1&4 LYING S OF THE N 10 ACRES THEREOF EX R R R&W AND THE ROAD ("Price Property"). B. The City is the owner of a parcel of land which is legally described in the Property ID number 34 028 24 32 0025. ADN UNPLATTED 34 028 24. METES/BOUNDS DESCRIPTION: W 468 68/100 FT OF E 493 68/100 FT OF THAT PART OF THE S 20 ACRES OF N 30 ACRES OF NW 1/4 OF SW 1/4 LYING S OF THE N 4 FT THEREOF ("City Property"). C. Price is desirous of obtaining permission from the City to utilize a portion of the City Property in conjunction with the mobile home park which Price operates on the Price Property. This portion consists of the northern ten feet of the City property from the east to west boundaries, approximately 4,690 square feet. D. The City is willing to permit such use in return for Price's agreement to indemnify, protect, defend, and hold harmless the City and to fulfill the other obligations contained herein pursuant to this Agreement. AGREEMENT 1. Offer and Acceptance of Agreement. Subject to the terms and conditions of This Agreement, and in consideration of the covenants contained herein, the City and Price agree that Price may use the City Property for the period commencing on August 1, 2013, and terminating July 31, 2015 for a fee of$4,350 payable in two installments: $2,175 on or before November 15, 2013 and $2,175 on or before August 1, 2014. 2. Maintenance and Repair. Price shall, at his own cost and expense maintain and repair the City Property and shall at all times keep it in compliance with regulations of the City. The City shall have no responsibility for the maintenance or repair of the City Property. 3. Indemnification and Insurance. (a) Price shall at all times defend, protect, indemnify, and hold harmless the City and its agents, officers, servants, and employees from any and all claims for damages and other remedy, including but not limited to costs and attorney fees, arising from or by reason of the maintenance, use, and repair of the City Property. Nothing in this Agreement shall be construed as a waiver by the City of any immunities, defenses, or other limitations on liability to which the City is entitled by law, including but not limited to the maximum monetary limits on liability established by Minnesota Statutes, Chapter 466. D- (b) Price, at his sole cost and expense, shall maintain in full force and effect during the term of this Agreement general liability insurance in the minimum amounts of$1,000,000 bodily injury, including death, per person; $1,000,000 bodily injury, including death, per occurrence; and $500,000 property damage per occurrence. A certificate of insurance evidencing compliance with this Agreement shall be provided to the City by Price. The City shall be named as an additional insured on the insurance policy described herein, and such policy shall contain a stipulation that Price's insurer will provide thirty (30) days prior written notice of cancellation of such insurance to the City. The insurance shall be carried by solvent and responsible insurance companies licensed to do business in the State of Minnesota. 4. Miscellaneous Provisions. (a) Any titles of the several paragraphs of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. (b) Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (i) in the case of Price, is addressed to or delivered personally to Price at 7421 Lyndale Avenue South, Richfield, MN 55423, and (ii) in the case of the City, is addressed to or delivered personally to the City at the Richfield Community Center, 7000 Nicollet Avenue South, Richfield, MN 55423 or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Paragraph. (c) This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. (d) This Agreement constitutes the entire agreement between Price and the City with respect to the City Property and supersedes any other written or oral agreements between the parties on that subject. This Agreement can be modified only in a writing signed by the parties. (e) The City may terminate this Agreement: (i) if the termination is based upon health, safety or the need to make modifications within the City Property or by Price's transfer or sale of the Price Property, by the giving of 90 days written notice to Price; or (ii) otherwise by the giving of 180 days written notice to Price. The termination shall be effective at the end of such notice period, at which point neither party shall have any further obligation hereunder, except that Price's obligations under paragraph 3 shall survive. (f) On or before the expiration date or the effective date of termination of this Agreement, Price shall remove all structures from the City Property and restore the City Property with fully established sod. (g) Price agrees to make no claim against the City for damages which Price may suffer as a result of the City's termination of this Agreement. (h) Except as specifically set forth herein, nothing in this Agreement shall be construed to exempt Price from or waive the application of any federal, state, or local law, rule, or regulation. (i) Nothing in this Agreement shall be construed as abandonment of the City Property by the City or as any relinquishment of any right the City may have with regard to the Property. Price specifically acknowledges and agrees that its construction and maintenance of the Property is at the sufferance of the City and subject to the City's right to terminate such use in accordance with the provisions in paragraph 4(e) hereof. (j) In the event that the use of the City Property under this Agreement renders the City Property taxable, Price agrees to pay, before penalty attaches, all ad valorem property taxes or other similar taxes levied against the City Property. (k) This Agreement may be extended by the parties from time-to-time and upon such terms as they shall mutually agree to. (I) No new structure shall be erected on the City Property without the prior written consent of the City; and, Price shall not use the City Property for any purpose other than in connection with the mobile home park without the prior written consent of the City. IN WITNESS WHEREOF, Price and the City have executed this Agreement this 23rd day of July, 2013. CITY OF RICHFIELD By Debbie Goettel Its Mayor And Steven L. Devich Its City Manager Thomas Price AGENDA SECTION: CONSENT AGENDA ITEM# 5E REPORT# 141 STAFF REPORT RICHFIELD CITY COUNCIL MEETING JULY 23, 2013 REPORT PREPARED BY: JESSE SWENSON,HR COORDINATOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: OD -REVIEWED BY CITY MANAGER: �, � ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution rescinding Resolution 10793 and modifying an updated Post Employment Health Care Savings Plan for Management Employees. I. RECOMMENDED ACTION: By Motion: Rescind Resolution 10793 and adopt the resolution modifying a Post Employment Health Care Savings Plan for eligible Management employees. II. EXECUTIVE SUMMARY In May 2013 the Richfield City Council adopted a resolution modifying the Management employee group's Health Care Savings Plan (HCSP). The modified plan was then sent to the Minnesota State Retirement System (MSRS) for final approval. However, MSRS communicated concerns about the modified plan and sent it back to the City seeking revisions. After subsequently conducting several surveys among the Management employee group, the group has agreed upon a different 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. MSRS has already reviewed and we have received final approval of the proposed modifications. 0723 Mgt HCSP III. BASIS OF RECOMMENDATION A. BACKGROUND In 2001, the Minnesota legislature granted authority to MSRS to offer a post- employment 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. 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 amended 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. • This plan has already been submitted to MSRS and has received final approval. 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 HCSP are not subject to Social Security or Medicare contributions. • The plan provides a great tax savings to the participating employees and provides a tax mechanism to fund post-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 final approval. F. ENVIRONMENTAL CONSIDERATIONS • N/A 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 the employees in the Management Compensation Plan. V. ATTACHMENTS • Resolution • Health Care Savings Plan VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. 5L- RESOLUTION NO. RESOLUTION ESTABLISHING AN UPDATED AMENDED 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 rescinds Resolution 10793, Resolution Amending a Post Employment Health Care Savings Plan for Management Employees, and adopts the authorization of 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 23rd day of July 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk Policy: Management Post Employment Health Care Savings Plan Approved by: Richfield City Council—July 23, 2013 Effective Date: August 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-5, and the City Manager must contribute to the Employee's account in the HCSP according to the following schedule based on total City service: • i.. -3 • 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$48 per pay period to the Employee's account in the Management HCSP. Such contributions shall not exceed$48 per pay period. • An eligible Employee with more than 10 but less than 20 years of service must contribute $61 per pay period to the Employee's account in the Management HCSP. Such contributions shall not exceed$61 per pay period. • An eligible Employee with more than 20 but less than 25 years of service must contribute $74 per pay period to the Employee's account in the Management HCSP. Such contributions shall not exceed $74 per pay period. • An eligible Employee with more than 25 but less than 30 years of service must contribute $87 per pay period to the Employee's account in the Management HCSP. Such contributions shall not exceed$87 per pay period. • An eligible Employee with more than 30 years of service must contribute $100 per pay period to the Employee's account in the Management HCSP. Such contributions shall not exceed$100 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# 5F REPORT# 142 STAFF REPORT RICHFIELD CITY COUNCIL MEETING JULY 23, 2013 REPORT PREPARED BY: ,WAYNE KEWITSCH,FIRE CHIEF \ NAME TITLE DEPARTMENT DIRECTOR REVIEW: ! _� -- Aill i /��'/l' -Vow 7- REVIEWED BY CITY / MANAGER: .AA. Li , .[ ITEM FOR COUNCIL CONSIDERATION: Council approval of attached resolution authorizing the Fire Department to accept a donation from Alerus Mortgage. I. RECOMMENDED ACTION: By Motion: Approve attached resolution allowing the Fire Department to accept a $200.00 donation from Alerus Mortgage which was donated in the names of two Richfield residents. II. EXECUTIVE SUMMARY The Fire Department received a letter with an attached check in the amount of $200.00 from Alerus Mortgage. Alerus Mortgage has a charitable donation program, "Refer A Friend: Build Your Community" where customers may elect to have $100.00 donated to a community charity in their name by Alerus Mortgage at their loan closing. Scott Lepsch elected that the donation be made to the Richfield Fire Department. A second $100.00 donation was received on behalf of Richfield resident Norman Fricke. The funds will be used to purchase firefighting equipment used by Richfield firefighters. III. BASIS OF RECOMMENDATION A. BACKGROUND • A $100.00 donation was received from Alerus Mortgage on behalf of Richfield resident Scott Lepsch via their "Refer A Friend: Build Your Community" charitable campaign. • A second $100.00 donation was received on behalf of Richfield resident Norman Fricke. • The Fire Department has received donations from this program in previous years and has experienced no problems in the acceptance of funds. B. POLICY • Minnesota statute 465.03 requires every acceptance of a grant or a devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council. • Richfield City Policy requires that all grants and donations to departments to be received by resolution and more than two-thirds majority of the City Council. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • The $200.00 donation will be placed in the General Fund to be used towards the purchase of firefighting equipment. E. LEGAL • N/A F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS) • Council may opt to deny the resolution in which case the funds would be returned to Alerus Mortgage. V. ATTACHMENTS • Resolution authorizing the acceptance of the donation. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 5F— RESOLUTION NO. RESOLUTION AUTHORIZING RICHFIELD FIRE DEPARTMENT TO ACCEPT A DONATION OF $200 FROM ALERUS MORTGAGE IN THE NAMES OF RICHFIELD RESIDENTS SCOTT LEPSCH AND NORMAN FRICKE WHEREAS, the Fire Department, through its Chief, received a check from Alerus Mortgage in the amount of$200 designated to the Richfield Fire Department; and, WHEREAS, Alerus Mortgage has a charitable donation program in which funds are donated to several community charities in the name of their clients at loan closing; and, WHEREAS, Minnesota Statute requires every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council; and, WHEREAS, the donated funds will be used towards the purchase of equipment for the Richfield Fire Department. NOW, THEREFORE, BE IT RESOLVED that the Fire Chief will accept the donation of$200 from Alerus Mortgage in the names of Richfield residents Scott Lepsch and Norman Fricke to be placed in the General fund account and used to purchase equipment for the Richfield Fire Department. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of July, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: PUB.HEARING AGENDA ITEM# 7 REPORT# 143 rAill STAFF REPORT RICHFIELD CITY COUNCIL MEETING JULY 23, 2013 JULIE EDDINGTON, KENNEDY& REPORT PREPARED BY: GRAVEN/CHRIS REGIS, FINANCE MANAGER NAME,TITLE DEPARTMENT DIRECTOR VI ■P REVIEW: a 4.4 REVIEWED BY CITY � / MANAGER: ���` ITEM FOR COUNCIL CONSIDERATION: Public hearing and consideration of a resolution providing host approval for the issuance of tax-exempt notes by the City of Lilydale for the benefit of Holy Angels. I. RECOMMENDED TION: By Motion: Conduct and close the public hearing and By Motion: Approve the attached resolution authorizing the City of Lilydale to issue tax-exempt notes on behalf of Holy Angels. . II. EXECUTIVE SUMMARY The Academy of Holy Angels ("Holy Angels") has proposed to refund two of their outstanding tax exempt notes and to finance the acquisition of various equipment at the school, by issuing revenue notes ("Notes") through the City of Lilydale. The two tax exempt notes to be refunded were originally issued by the City of Minneapolis and the City of Richfield. Holy Angels originally approached the City of Richfield for the issuance of the Notes; however, the City of Richfield did not have the capacity to issue bank-qualified notes for Holy Angel this year. Subsequently, the City of Lilydale agreed to issue the Notes on behalf of Holy Angels. Because the project to be financed is located in the City of Richfield, prior to issuance of the Notes by the City of Lilydale, the City of Richfield must hold a public hearing and provide host approval in order to satisfy state law and tax law requirements. Finally, the Notes will not constitute a general or moral obligation of the City Richfield and will not be secured by the full faith and credit or taxing powers of the City of Richfield. In the event the Project encounters financial difficulties, no assets or revenues of the City of Richfield will be available to pay the principal of or interest on the Notes. III. BASIS OF RECOMMENDATION A. BACKGROUND • Because the project to be financed is located in the City of Richfield, prior to the issuance of the Notes by the City of Lilydale, the City of Richfield must hold a public hearing and provide host approval in order to satisfy state law and tax law requirements. • The Notes proposed to be issued by the City of Lilydale will be used to (i) refund the City of Minneapolis, Minnesota Educational Facilities Revenue Note, Series 2008A and Series 2008B (Academy of Holy Angels Project) (the "Series 2008 Notes"), the proceeds of which were used to finance a multi-purpose athletic facility including the acquisition and installation of a forced-air inflation blower/heating system, approximately 80,000 square feet of monofilament artificial turf and air-supported seasonal fabric dome located on the campus of the education facility owned by the Borrower at 6600 Nicollet Avenue South in the City of Richfield; (ii) refund the City of Richfield Educational Facilities Revenue Bond, Series 2010A (Academy of Holy Angles Project) (the "Series 2010 Note" and, together with the Series 2008 Notes, the "Prior Notes"), the proceeds of which were used to finance costs related to the installation and repair of a roof on the School; and (iii) finance the acquisition of computers and other equipment to be located at the School (collectively, the "Project"). B. POLICY • The City of Richfield was asked to issue the Note for the benefit of Holy Angels but did not have the capacity to issue bank-qualified notes for Holy Angels this year. C. CRITICAL TIMING ISSUES • Holy Angels must complete the refinancing of the Notes by August 1, 2013. D. FINANCIAL • If host approval is granted, the Notes will be issued as revenue obligations of the City of Lilydale. The Notes will not be an obligation of the City of Richfield. The principal of and interest on the Notes will be payable solely from revenues derived from the Project. The Notes will not constitute a general or moral obligation of the City Richfield and will not be secured by the full faith and credit or taxing powers of the City of Richfield. In the event the Project encounters financial difficulties, no assets or revenues of the City of Richfield will be available to pay the principal of or interest on the Notes. • Providing host approval does not affect the City's bond rating or its ability to issue up to $10,000,000 in bank-qualified obligations in calendar year 2013. E. LEGAL • A notice of public hearing was published in the July 4, 2013 Sun Current. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The City could decide not to provide host approval. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Julie Eddington, Kennedy & Graven 1 - I RESOLUTION NO. RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF AN EDUCATONAL FACILITIES REVENUE REFUNDING NOTE UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.1655 (ACADEMY OF HOLY ANGELS PROJECT) BE IT RESOLVED, by the City Council (the "Council") of the City of Richfield, Minnesota (the "City") as follows: 1. General Recitals. The purpose of Minnesota Statutes, Sections 469.152 through 469.1655 as amended, (the "Act"), is, among other things, to promote the welfare of the State of Minnesota (the "State") by the active attraction and encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment. 2. Description of the Project. (a) The Academy of Holy Angels (the "Borrower"), a Minnesota nonprofit corporation and organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code") has proposed that the City of Lilydale, Minnesota (the "Issuer") issue a revenue note under the Act, in one or more series, in an aggregate amount not to exceed $3,000,000 (the "Note") to (i) refund the City of Minneapolis, Minnesota Educational Facilities Revenue Note, Series 2008A and Series 2008B (Academy of Holy Angels Project) (the "Series 2008 Notes"), the proceeds of which were used to finance a multi-purpose athletic facility including the acquisition and installation of a forced-air inflation blower/heating system, approximately 80,000 square feet of monofilament artificial turf and air-supported seasonal fabric dome located on the campus of the education facility owned by the Borrower at 6600 Nicollet Avenue South in the City (the "School"); (ii) refund the City of Richfield Educational Facilities Revenue Bond, Series 2010A (Academy of Holy Angles Project) (the "Series 2010 Note" and, together with the Series 2008 Notes, the "Prior Notes"), the proceeds of which were used to finance costs related to the installation and repair of a roof on the School; and (iii) finance the acquisition of computers and other equipment to be located at the School (collectively, the "Project"). The School is owned and operated by the Borrower. (b) The City has been advised that the Note or other obligations, as and when issued, will not constitute a charge, lien or encumbrance upon any property of the City or the Issuer, except the Project and the revenues to be derived from the Project. Such Note or obligations will not be a charge against the general credit or taxing powers of the City or the Issuer, but is payable from sums to be paid by the Borrower pursuant to a revenue agreement. 3. Recital of Representations Made by the Borrower. (a) The Borrower has agreed to pay any and all costs incurred by the City in connection with the issuance of the Note, whether or not such issuance is carried to completion. (b) The Borrower has represented to the City that no public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project. 4. Public Hearing. (a) As required by the Act and Section 147(f) of the Code a Notice of Public Hearing was published in the City's official newspaper and newspaper of general circulation, for a public hearing on the proposed issuance of the Note and the proposal to undertake and finance the Project. (b) As required by the Act and Section 147(f) of the Code the Council has on this same date held a public hearing on the issuance of the Note and the proposal to undertake and refinance the School, which is located within the jurisdictional limits of the City, at which all those appearing who desired to speak were heard and written comments were accepted. 5. Host Approval; Consent to Refunding. The Council hereby gives the host approval required under Section 147(f) of the Code and, pursuant to Minnesota Statutes, Sections 471.656, Subd. 2(2) and 469.155 Subd. 12, the Council hereby consents to the issuance of the Note by the Issuer to refinance the Project and refund the Prior Notes. The City hereby consents to the Borrower calling the Prior Notes for redemption. I CERTIFY THAT the above resolution was adopted by the Richfield City Council on July 23, 2013. SIGNED: WITNESSED: Steven L. Devich, City Manager Nancy Gibbs, City Clerk Date Date Debbie Goettel, Mayor Nancy Gibbs, City Clerk Date Date AGENDA SECTION: PUB.HEARING AGENDA ITEM# 8 REPORT# 144 =Ida STAFF REPORT RICHFIELD CITY COUNCIL MEETING JULY 23, 2013 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER N• ,E, -ITLE 1 ACTING DEPARTMENT DIRECTOR r REVIEW: 'rak c Al!, A l� � aIGN•'URE OTHER DEPARTMENT REVIEW: 13/ f) REVIEWED BY CITY MANAGER: F / ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of a Transitory Ordinance vacating a storm sewer easement at 6400 Lyndale Avenue (former Lyndale Garden Center site). I. RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Approve a Transitory Ordinance vacating a storm sewer easement at 6400 Lyndale Avenue. II. EXECUTIVE SUMMARY In 2008, the City replaced a storm sewer line that crosses the site formerly occupied by the Lyndale Garden Center. An easement for this new pipe has been included in the approved plat of the Lyndale Gardens Addition. The easement for the abandoned pipe is no longer necessary and should therefore be vacated. III. BASIS OF RECOMMENDATION A. BACKGROUND • N/A 072313 - PH 2nd Reading 6400 Lyndale easement vacation B. POLICY • The Council may by ordinance vacate a street, alley, public grounds or a part thereof, on its own motion or upon the petition of the owners of half of the land abutting on the street, alley, public grounds or part thereof to be vacated. • When no petition has been received, the Council must approve the Transitory Ordinance by a 4/5 vote. • No vacation may be made unless it appears in the interest of the public to do so. C. CRITICAL TIMING ISSUES • It would be preferable to vacate the easement prior to the final recording of the Lyndale Garden Addition plat, so that the easement can be removed from the final document. The Lyndale Garden Addition plat is scheduled for recording in August. D. FINANCIAL • N/A E. LEGAL • The City Council may vacate public easements in accordance with MN §412.851. • Notice of this public hearing was sent to the affected property owner. • Vacations abutting public water must be reviewed by the Commission of Natural Resources. The City has received notice from the Department of Natural Resources that they have no objection to the vacation. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • N/A V. ATTACHMENTS • Transitory Ordinance • Exhibit A— Sewer Easement • Survey VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE VACATING PUBLIC SEWER EASEMENTS (6400 LYNDALE AVENUE) THE CITY OF RICHFIELD DOES ORDAIN: Section 1: The lands described in the attached Exhibit A are subject to an easement for public sewer ("Sewer Easement") as described in Document Nos. 2928405 and 291794. Sec. 2: The sewer pipe within the easement has been abandoned and replaced elsewhere and the Sewer Easement is no longer required. Sec. 3: The Sewer Easement is adjacent to public waters (Richfield Lake); accordingly the City has notified the commissioner of natural resources. The Department of Natural Resources has no objection to the vacation. Sec. 4: The Council finds that there is not a public need for the Sewer Easement. Sec. 5: The City of Richfield held the first reading on July 9, 2013 and second reading on July 23, 2013. Legal notice was published in the City's official newspaper as required by ordinance. Sec. 6: Upon the effective date of this Ordinance, the Sewer Easement described in Documents 2928405 and 291794 is vacated. Sec. 7: This Ordinance shall become effective 30 days following publication. Sec. 9: The City Clerk is directed to prepare a Certificate of Completion of vacation proceedings and to record the vacation in the office of the Hennepin County Registrar of Titles or Hennepin County Recorder, as appropriate. Passed by the City Council of the City of Richfield, Minnesota this July 23, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk (6 -a EXHIBIT A LEGAL DESCRIPTION PARCEL A: Par 1: That part of the following described land and accretions thereto lying northerly of the northerly line of Registered Land Survey No. 1560 and its extensions: That part of Government Lot 3 in Section 28, Township 28, Range 24 described as follows: Beginning at a point on the East line of said Government Lot 3 distant 1060.94 feet South from the Northeast corner thereof; thence West at a right angle to said East line a distance of 176.5 feet; thence North at a right angle a distance of 16.00 feet; thence West at a right angle a distance of 123.5 feet to the Southerly extension of the West line of Block 1, "Ray's Lynnhurst 2nd Addition" thence South along said extension to its intersection with a line drawn parallel with and distant 192.67 feet South of the Westerly extension of the South line of the East-West alley platted in said Block 1, "Ray's Lynnhurst 2nd Addition"; thence West along said parallel line to its intersection with the Southerly extension of the East line of Block 2, "Ray's Lynnhurst 2nd Addition"; thence South along said Southerly extension to its intersection with a line drawn parallel with and distant 225.00 feet South from the South line of Lot 4, in said Block 2; thence West along said parallel line to its intersection with the Southerly extension of the East line of the North-South alley platted in said Block 2; thence North along said Southerly extension to the South line of the East-West alley platted in said Block 2; thence West along said South line and its extension a distance of 202.00 feet; thence Southwesterly to Judicial Landmark No. 7 set pursuant to Torrens Case No. A-2547 on the mean center line of the bed of Grass Lake; thence Southeasterly along said mean center line, determined in Torrens Case No. A-2547 to the Northerly line Registered Land Survey No. 1560, Hennepin County, Minnesota; thence Easterly, Southerly, Easterly and Southerly along the Northerly, Easterly, Northerly and Easterly lines of said Survey to the Southwesterly extension of the Northwesterly line of Tract A, Registered Land Survey No. 675, Hennepin County, Minnesota; thence Northeasterly along said Southwesterly extension and along the Northwesterly line of said Registered Land Survey No. 675 to the East line of said Government Lot 3; thence North along said East line to the point of beginning; except that part of the East 176.5 feet thereof lying Northerly of a line bearing South 82 degrees West (assuming the East line of said Government Lot 3 to bear North and South) from a point on said East line distant 1176.3 feet South of the Northeast corner of said Lot 3. Par 2: That part of Government Lot 3, Section 28, Township 28, Range 24, Hennepin County Minnesota, described as follows: Commencing at the intersection of the East line of said Government Lot 3 with the Northwesterly line of Tract A, Registered Land Survey No. 675, Hennepin County, Minnesota; thence on an assumed bearing of South 55 degrees 14 minutes West along the Northwesterly line of said Tract A and its extension a distance of 178.99 feet to the actual point of beginning; thence South 72 degrees 50 minutes 34 seconds East to the West line of Tract C, in said Registered Land Survey No. 675; thence Northerly along said West line to the Northwesterly corner of said Tract C; thence South 55 degrees 14 minutes West to the actual point of beginning. ?• - 3 Par 3: Tracts A and B, Registered Land Survey No. 1560, Hennepin County, Minnesota. Torrens (Certificate of Title No. 1075759) PARCEL B: Par 1: That part of Government Lot 1 in Section 27, Township 28, Range 24 lying Southwesterly of the Southwesterly line of Lyndale Avenue South and Northwesterly of Registered Land Survey No. 675, Hennepin County, Minnesota. Par 2: That part of the following described land and accretions thereto lying southerly of the northerly line of Registered Land Survey No. 1560 and its easterly extension: That part of Government Lot 3 in Section 28, Township 28, Range 24 described as follows: Beginning at a point on the East line of said Government Lot 3 distant 1060.94 feet South from the Northeast corner thereof; thence West at a right angle to said East line a distance of 176.5 feet; thence North at a right angle a distance of 16.00 feet; thence West at a right angle a distance of 123.5 feet to the Southerly extension of the West line of Block 1, "Ray's Lynnhurst 2nd Addition" thence South along said extension to its intersection with a line drawn parallel with and distant 192.67 feet South of the Westerly extension of the South line of the East-West alley platted in said Block 1, "Ray's Lynnhurst 2nd Addition"; thence West along said parallel line to its intersection with the Southerly extension of the East line of Block 2, "Ray's Lynnhurst 2nd Addition"; thence South along said Southerly extension to its intersection with a line drawn parallel with and distant 225.00 feet South from the South line of Lot 4, in said Block 2; thence West along said parallel line to its intersection with the Southerly extension of the East line of the North-South alley platted in said Block 2; thence North along said Southerly extension to the South line of the East-West alley platted in said Block 2; thence West along said South line and its extension a distance of 202.00 feet; thence Southwesterly to Judicial Landmark No. 7 set pursuant to Torrens Case No. A-2547 on the mean center line of the bed of Grass Lake; thence Southeasterly along said mean center line, determined in Torrens Case No. A-2547 to the Northerly line Registered Land Survey No. 1560, Hennepin County, Minnesota; thence Easterly, Southerly, Easterly and Southerly along the Northerly, Easterly, Northerly and Easterly lines of said Survey to the Southwesterly extension of the Northwesterly line of Tract A, Registered Land Survey No. 675, Hennepin County, Minnesota; thence Northeasterly along said Southwesterly extension and along the Northwesterly line of said Registered Land Survey No. 675 to the East line of said Government Lot 3; thence North along said East line to the point of beginning. Par 3: All of Tract A; Tract B, except the northwesterly 15 feet of said Tract B, and except that part of the southwesterly 55 feet of said Tract B lying southeasterly of said northwesterly 15 feet thereof, all in Registered Land Survey No. 675, Hennepin County, Minnesota. Together with a non-exclusive easement for driveway purposes over the Northwesterly 15 feet of Tract B, Registered Land Survey No. 675, Hennepin County, Minnesota as shown in deed Doc. No. 536923; (as to land in Par 3). Torrens (Certificate of Title No. 1169344) >>it#illibll Ito:, ‘ir t• a. 60.38._. 75 R;50''L.. N .,.8 (88) , m, n42.58 82° of 8 S 7 0 g °{$4) 7 (0 ' w r, 5 r? 38.5 75 i -0 R . \ , �� 15.53 O N J Op u_I\ , iD' Q ✓ N ' OrA\ ..,., 4.--% \\s .,,::,.,,,. v', , .l O �y61 6 rn N77°A3'16r� `tiP €� '0'2 16A.29' �,r l to f ` 124°46 �,% f 12 23 NISI'99 96 A S66 Op 92 F ` �: -.6,;_-- . ,. 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ALTA/AGSM LAND TITLE SURVEY V..1;7",`;',:.11: ,.I •.1.0 uanwmea!found VICINITY MAP o_km Leam s2!ed uek.e o N o (NO SCAM -- _-7 0.Scollop Sewer amnNv NI^ Part of Sections 27 & 28 and RLS 675 & RLS 1560, - l stab I:t. ,n1..l a« I eRa,Let nr T •lay 5 -- Sewer umAde C E f 4.Catch SIT- 28, Range 24, Hennepin County, Minnesota -1'1 1 It: -- -Cote Wee f" PI ' Curt .J`.. _� 2222___ _ __ -. - Box O e.1 _ I _[kcfrk Meier • VD (�T:7 j i l�t •sat I/ L I r t he r'•v (I I \1 ` r •'/ A l n A n n , T /'\ I,r - flectrk Nand Nola u�lfJ'J uZ 'ti r 'I I "'I r - Y I/l / l./ 14 I I 1 \+ I V �'.Metric Power Pole [q��� 1nnnL l•1 for' P°Irk A.Pheifer I I .sea u•le \yr VY Z o o I NL Aa VI I -___--- -__ ____ . a .-1 N , I 211th w 55125 SCCIIOK 11 ARP 10 _Ueefde Trmafwmha BGr 7' AO No.28-78-24-11-0011 4' I Lorry n.le Sharon F.Slockvell IOtNlPp m NAME 24 O.( 1 Pd• w 26 Ni&I Ave Sad I I #a ii (?w: .....RN 66121 1OATP r b Mry,LRNfg01A .Solitary arm al THE CORNERSTONE GROUP, INC , 5l2)obIAdymKAw�SNoatl s9 ),P�Na.28_D2B_2,_„_DD06 g. n g.WedPml � : CJ RidWd W S5/]J S y •�VII 1 .Roof wan O MI y- MID No.28-028-24-11-OD/ ,a :% d n viL tU"3 'S89'11'S0'W 9 i. I d.sat.ae`-<t. o v d-Cleo o Dt o bEE0=20200 F-: ,n7 e "_'• I'` sae24'sop'w d�dcO"1P� t n1 rAR 1 1-..n c (Ili aE(•'1� 1 j 1 7 .123 d r,,'U w 55426"' [5 Rake Oath Stop a o `� 20 02 U ,5 5128.01 W :�I / l L7]3 g , Pm Hp�28N8�2/�i01E(M01 'a 4-Auto Sprna., i ao 0- LYNDALE GARDENS ;,r,,ca:°,.'r'M-.y,-\ - - ,...,,,,...:„2,, +. 50 W ,�t+� o ( °,��6.�y0 e a- �e Section it, I I'''''77'71;1-'4' .�T-r .1 + I x sr- ---0'.!u.:.:';'?.',,,-.r r . I -_ wemnan y {. ».i�T I Begn. ->- Smiley Sane ■ I j j OA IL't1 i Yoh 1 '34Pei E I eve. • u •" - a 1� NOt'ru510 W I'.: . • h� QBSSyB ,.1.0'"111 554. (sae y/a 1- $ z •i a /J ', j'• i F10 No 28 -24- 00/7 •,.``,'s c.a sad �\ -'S'+=-."(.:::i :: slot•�1• s i ill(IPI.a. I 1' /O. .• I. ` .'IM1 a w°ao a_- On ergs Urekk //J DYdhagound U•cbk �I J•- 4'1 say,,-,� /./ I I rPARCEL A ` h e :A`d at •- Yra -- Overhead Coble TN.NaM aid E. sr a,.°da„» 1 *< ( I, .I Underground Cade Te eafam FL �„ Sir \w ea �---� 1'541.t `f4 y 91-- Onrhaed TN•641ALa OZ e,\\ \ Pond :--�:y '> ...,,_. � it ( • s^ r--__. u,ee-vaaadq>nm. TW W I� ti N YO' \ \ © �•f `1.„‘ ',J, ., o f 1,_Li _ r"� I Syr0 ___ Thar Wlk iNaphme `� \ w..ka,o () ._-.- - .,.5411\\ 'L 'II �s ..____ lane• 1 'N�o :.u, \\ \\ `,/ r _ ... �'� 1� I �� Controlled Access 0 6G \ ^'.. "`( \ \ \ \� ,, (�Yvs v j t1 1 I�I I� d S N ":-.- atilt'. D•akkma Tree F- '',.. \ 'e�S, ~ \ \b �\ 1 - » .. <j� t .eon�marre. Sgrd ` 4 e•h o :::',Is' \Ia ?a•-< 1 : ‘• ".fi +v,'r 5454 `(ay'R.y iV"i.•A ,.e n d ra o.:ten i6isil, `\\ \ \ F •�!',1 �- PARCEL B r i� i 1 •,IIn •r�� -B;ramnaYa s,rr r /W' J• �d'("t. '! \\ \ \ ''..'s\ir 1 I, 5 'i ( __ h -eoa<ek sa.ror. Q H w a,Dnr ,, nst le 1.545■:•. n.RS R,.tsao S74 \ \ _ A, iy l- Ira Street Z :wd„,Yrnntn [ °" 48502 x \\ 6�4s6 I 6th a (1154.. S.re.-a G;�:. 0 a Q Z •54,•54. 1480'24 5."E �\ �Bf 6� ''a i/ _ ° \ W CI L9 E - -- ..- ✓ I Ir^ 419:,0.4. L><: \ R. \\ ' \�I _ �M - •.* „ 1.545. h Z 3 w 5 46 (654.1.•nae.d, •\-_._ •l.'• r 1 \\ Pond , \ //(.;,. 1 • k2 1 \ \ 5 P t .r0. J A 6 „..3_,..... F 1. \\\ \ I I o ��I 2 \`t� ,p ■ Q (L• L.:,^ \ „� " I\ . y y 1. 3 0U >" 547 Ay1'1y \ \ l0 �. ✓ `B / C 11 Vl J /A•+y \\ J'N `s, aAt ..«,�` y4 \ IS (,9k`,;` \ � �J Q Crass Luke g„ �,a bb ea Y.'rLyFo - `°.�"\` 2.yQy -_ [urf�if I CZ \ \ a LtYIAl.DtSCRIr110N:IAr('anmonxa!94MTa:rinsunx<Canganl,JN AmnnLJC'ammiaxrt(9JP1011A lick lnuru,c<f,k No.210931.wvhmePttnarduo of5cpnnhrr2T,10111 % 5. \ ' cr,\ d�4eaar? ! - \ '). .'\ pupnu.sat<a a.r.ey q.ncn+r.cenel RCi 1+ne� PARGI:I.A. '1''Y,, \ \ A.. \ , �S Ma'•5•,•4e[Q- 1 P .I,B 5/r ♦ (�y IaaS••�>w1,.vim.ulaM1eay.m as<nrr APIIt.YK•'r O Thal: • \ \ \ _ '.i. Yd y t Ba,I _• 4}aLt� `c6 r « Q 1MIpNOft\t'ollonine dsri6M 156 and aunl"voathr b lying,nnhnlyafthe ewdalyhaof R.yu JIArd SwarYNa.I3W auJ in«kukar \\.' .'. ;.:,say�,har (P t 71,\.:. lit` '\ Dow ofGotens.,.I lw3n S..w2R,Too.*241 Ringo 2Jdmbed as Wbust Degiwingat•gant.N(6d1 bro.saidGot nvica Lot 75sW11060.94&M..fmm tlrc....con.that.theo.N'M n a,i¢I ` 3 \\ \\ -• `,� ` 'F /� gk a uid Fast line•dwmc of 176.5 feet Oh.Nmh N a right angle•dean..16.00 f;7dme Wed a a right;oak•divas.of 1235 Fr agt:S..1y ennui,or the WM lone of Mod 1,•RA1S 4.YNN1IURST 2ND t - `. / , - �. CL AMMON.don.a Sout.,raid b.°ion a itsi..don with a hoedown pvatkl acid,and distant 192.67!South*OM W.v<dy Manion of the Scuds is ofh tau-West Cloy plasm;n raid Hkk!,•RAYS LYNNI1URSl \\\ \•`a f- t `\/\t/'r'je •-/` °'� '6 `r,\( �i�i 2ND ADDITION.,the.Weil Nang said parallel tine to Midas..with h Motherly eatable°ofthe Fasi la:of Mod 2.•RAYS LYNNOURSTTNDADMTIOI1th en.SwM along mid Soothed,ode..a Rr rimeaion a� �` , -x,.,..,�•`a°i 61,. -4,,,c•• 'a �S.�h �r i�� `,hap `-'\ hat ". V eh•Med-wn parallel..and did.225.00 feet Swhf the South nn orI.4,in said Bbd 2;hn.Wed along said parallel lire ails int...wW.the Seabed,attention ofIMFat linear the North-&rah alley rtaPedn �ARCSL at, tJ• 654�,c l�i,, L: J s �a}(0� "�,N PARCEL H'•., L p. mWRkrL 2:th Ur Nonh along said Scuba,c.o..to We South line IOWA E.O.IYM•Bey planed nmw BlaL 2:Inn.Wed akng said South hoe sod setmbionedi...of 202 M fort ducat 5uugneuals a Mdi;al ;f:r:C; C %% n `,``(r1 tit°ryV' r�5{ Par 6f+'`;a (4A \ •O ' / \\ Iandourt No.f M pumun.i,.M Ca.No.A-231/on the mean ccokr line°GM bed of Grass laic:Nudhcdy. ad,akquid wean mud Me.dramieed n Tmhm Case No.A-2547.14 Northerly too Registered Land \ �j�,:i.sal\ S �t a , I A.Registered Sun&o.nt,.M Easterly.Soothed,�m1yWMohrly N'nR the Nunkrly.Manly.NonMll'and EMaly Mn of said Sone,a the Smatuaseth a en,.n of the North.body me of Gael ! • 5aj ysn ry asryin County. Moae Northe•naly along said Soodmakrly eatas.n antral.,the Nanhnnvdy fire of sail Registered Land Surrey No.675.the Fat ate ofui Out en...I Lot 3. k H t\A \ go _..`-'nQ�M'{c d '. 5., • . \ a.s.e Noah alasraid Fast lineal,.of begirokg,eawptat panofdvFad 17 65 km dsmf bind Nwdrdy ea line bea'cg Moth 82 dec.+NMIa..,the Tat lino...Got unman la)a bear North and So,Nl `\ hall-' •> 6 / h7 �w.r, fnm•paudmold Fiu rate distant 11161 feet South rfthel9wJra cwwrafadl.w 1. \. N� I 1 1 `; ��\ \?S7 49 \ [ �7ss�6 /.:Tali fir" ;kyd.?`rss��` •b �(-�a•Pa` \ 1 A Yr 52. A"5' k d Y I-4 c, Ii lha:pm oaths...Lai L S..M.Township 24,Range 211Mrwy,n Coon,Mnnesota•Qxnbalas follows:Commmcoy al lhc,nladstion TM:Fart 11(°fad Got a-,.l d 3 h.the Non.coal Ica of Traci A. ���r/(:'\�,y .53..` ` SRgeda,d land Son,'Na 673.11„wiin Candy.MiimrsoM.Ibmeon on anima bearing of South ss acres l4m:xm WMatongh lwMnnk.ly Ian orui tract Aand its earns.•dwxc or 171.99 RrIDcaaN \ �^ - \ y \\ f •('.3'`°,t Ctrl /\�$i�'' e L O cy of beginning:puce Sooth"2 dc.50 min.'s 31 woods East We st km of Trxl C.in m d Reg,ncrWLa.6unq No.6)5;then.NMhni pd" ----' Qa R' X \" '- S'. " s N degrm ll minutes Wed wOe Marl fed )a.y mid boo to the YlmA.ailed,(AMA 041 C:New.Smith 55 \ II \ •'� •' 4 ° /*• >, �.��� \ gb \ \ ,:r =•1}-Y•' i--;-,k,•• S. r .�,td ,\ L� paint° ,;antes -J \ e`.. ra9n / �,' d s Ifi'A;:7 A1L�+ Par 1'. % -42- I �\ c„0.•sad . I. OdQ a/ . J"„v-`.P `t+`,•.t `` • ,/ \\ II �. I c, t- t t . + pt>3c s B \ Ale \ in•irntArad B,Reg.laal Land Smey No ISM,Ikmrpn Co.,.Aliot�Y.v , ,+,n /^�(V� I ^f yfp. 6.9s3 Treed TV/lyry�' II !omens(Cbn!cart of letk Nn.1x15)591 V .0 N•Par It R. \ \ I ��'�..ii �, // \` w I�.`y 541 ea6i 'y' *y`E't;y� p S /t ;.e... ... •i-.2= '�� \ y l�Tl•Pal: •1 \ 1 by I h3 '¢dy�A o�,\.vH'�s;ya`�•%' a W o in TMparlof(lulrmnL,x lGI lsn SaFml'.1nunNp2g,Rn,gcUiyag SmNnrsaaly afeM1e SvlAx.s°.Iy bar nfLyn:L,k Anu,e.S+wh and NwN.cskdy al RrXisk JIaM Sutcy Nn.611.11.»wpin Cottony.Slmmwu ' �� \\ / ((,,��r 11t •..n..,•... :r° 1\srskygr`!' t'e J.•a [A _ / z Pat _: \\ 4S� 13 800 c�ompYY en"' •read. a: .a -'\. .-'6»'1 0.23). / TIN p ilotGa•fal,rnc Lot.1indknd+nd Tor 2scnv lying snwhMy afNelnv Begin.,,akkml Land Smtq otsoII0a:d itswnNo Wad. \ /'� ,\ I RJ 6r5N VeVW a _ , +�-le• $6„n6a / 155 pmaffktmmer,LntJin5MUn lg,ToxwMp 254.RaageNdMeibdufM.w>:Begiwvgnap6inlmde Last line°(said(btwm,a•I Lw3d:rDN 1060.94 the South hNaNead awns led vh New.N'MntarrpM �, , y L ••gle a raid Tao line a db.1(e of 1765Ga.thews North as a right angle a d:stay.of1600 k,,162n(A WW1 al a sigh.angle•&accaf 123.5ral a the Motherly e.k,uion of rte Wed bro.171 ale l..RA\SIYNNIIURST MID \a A11, / \{ 1\ y MD No.27-028- -0065 ,,°e• / o/ /f/k DI 'L7 ADDITION-thence Sor,nhakg raid ettev:mwns nlersMim wM alien dawn puatkIoth anddidsad I9Z61 few&AhOt the N'MMy aNmsiaoofh6'a.N Meafh Fan-Nend alley pintkJ.uW PkvL(.'RAYS LYNNIIVRSI \J \\ // t 11\1 I ('ter /fie-/ \ "5454`~a M, Dl rg 47' 2ND AWRION%Ib..WM•kog said Talk.line In its intnxrtim bid the Southerly enrnkn.00Fan Vora of Blwl 2.-RAYS LYNNIIURST2NDADDII 6;ghee.Sn:M abed said Soothed,5S6556n aiU6Ion.lim Q .Rb•lire&sonparrlkl a.h andd,,6122500 k1 South flan de South hoe of La 4.n said Wool 2;4 N'N along said parotid lime to as hxenataia°bah h South.,edmkn ofh R.I.of the Nn1SonN alky Cued in \ , said Bh.kS:YRw;NUM'b,add StuNny«Rmiwahsoak l:w ofhFast-N'NaHcy plaW.ud Marl l:doss-s 'M along add Sor�linr snJR.eakmkaadwwtuf24200 fort;Nora.Suadhoe.krlywluJivl r t.��;`J\ t/ q N Innernrrk No.)se p.num T Case No.A-2547 on Demean cantor line°fide bed of Grass lake:theme SenhMedy along 800 tormm.tiw,d<00.°0..77.TmrnaCa•e77.0-2347 a 0e NoNerty 1.0 2.80406-411844 `\ \ a Q • W U Sang No.IS60,ikmepn L'runty.uli,aMa:Nrn.F.skrlY-5(dhal>,k urlYWS.dudMy•HOgthe No the dY•Ia+ddy.6.olMyand Fiakdyioc*ofnaPam spo do Soudosool«r<wionNh Nofl6os Mylneof Dan -/ .r^ /r /'' s - Z .� �/ A,Regna.d land Boater Net 6'S,Genrpto Co.,klm,w,Na:lama NOnh:olrly along saWSnalh.c1kdycake.In and along the NwN.<aly Ind afsad Regis..land Smcy ho.675.the 1.11 me nrsaid Gm amm�d Lb 3; -\ / I t loll,), I eyd \ rg C J Na•N stars said Last!male hTold e(hegnning. Par It a' O J • • Aber Owl A: Tra,R.atop the nanh.Nab IS L.dofodd Trn,ll,and«wf Iron pan Grebe saelmemM)55 f ofutd Too D lying sudheutnly ofraindhwaorl,It f 14rmt all in Registered Land Sone,No.675,Ikw4pin Coady,67.S .M, U O ,-1 og •r441.a wesulwkte ea16,77 for dn.ew ay papmen of a the Nr\st aaM,15 Oa Gl lra�H.Regiderd land Sooty Nn.675.Ikaupin Couto.hLuc+aa as shoran m dm/Der Nu 516921:Ms a hod in Pa 11 W Tomos(CeniR.+k of Title NU.11691N, QFLIFRN NINES e�.r I` Y\DDRIONAI.PARCEL DFM-RIPTIONS: I.Pee smtpto oanaddp u tnMl In Ronda Rkhtield LLC.a M:rneana liMlN liabilthc comp.. iL• F" PLT6KSOS PARCEL: 7 Area ofpnspady V 431,.126 ay.ft or 9.94..R.N.Taav fa moil dab 'anti At 155.820 q.n.I77•ar`s AREA TAR16- Ii PROMRTY DLSCRIPTION per Cam..for T40laaw*by Comm...Land Tide lb.raee('nmpmY Cammi.M Ns 211510 PROFORMA,entente dale Dare and Tare or Wanda, Parcel R:772.67 Plow lT)ama PNt1: 1.Rup.-n,isart<m.lCenilicxe°!'Title No.IIDS'SY awl 1170141) Pan.!A: 355AIk,B.of 1.17 of Puce!n )].M p.R w 1.71 xm �$ -_.' That pulaflklemnNxl Lot.t,Sueim lx,lmt ship_I.Ruth.24 d:amhnl art floor: 4.Prop.,1.need PC-2 Manna Conmenill Diana,under,ppldshkami.rect... Pamcm PacN: 22.SSIq R.wU.51M a<ra Itercby ttnifY 6,The('omanlwa(houp,iwaty.,akd,aa:r«sw4 mrpnweim,Racho RvM1fieN REVISIONS 13v ginning S.SJ.ogo,ol.t mfrmm the CoralRkM1fka Step fusel: ),150q R w0 MA rem LLC.a6l and Rao rGmpxny,(wnwmr4M L.r.J Title Instruct Cw.rynny:Loral g.ng•t spdnlan the Float line of Iry)deatw 1111 if SP.ehfrwnhN'w0:.-.x ewer nfaiA[wlem,rcnllet l;Inwam an Loomed bearing Ranh alts,ainl Faae lsevJ,akrc<af 1016 k1,then.Wed nu%l u,vda Principal NuilA:n Are vw IW. LLC.Min C .alkO.a co.Yak a:Il.nd•g vat Rake anrpGweia:'11e Ilw1(Tx Co.,[1vnu y. xlsr at a nv.anglee a do sw.of Et.5 tom that.Sob at a right angle a dninceof95.17ke.nave of ksh a an lmmttlkn Y iN alone bearing South 82&gr.West/rands,pa: Oh-inning;thaw.Noah R,dgnct tad 1X21 tins Fnnuge S..1 13 halo. g 35th X IMO Arca 43YJr3q ll.or 10.31 eau 'for WpwatAW.oriD.apablir day eapwae<adlWir. w.Ar lb<k..of Saxe wort of ku,d.rlhe p o i n t beginning Rut W..w R.R11 20 Ed 8(AI f51.,rna;Thelbad2Xand Red+ekrxeRe,AeNor:ey..nd L,the CAYG(Rid,feldapulJk• _--- Sii,layacrn wR.R-11 Mfnl ..n fnl day corporal(ad peas under lhek.ofh S•ale of hlintaw.,.nd I balms.MempN:on 0492 Sid. Oka Ofna Musing Cnitw+:iwc ---___ 'IboI pm uf4msmmea l.al,$cnsn 26.IOUmM1:p2g,Pangs.2J.Agmm�g ae agnnim to Last lino af sad lot 0o.b South 1116.)kYfrom N:NONvne.vrocr elm vt da•nN J,an sod Fait hen•45frs,dime South 82 d,ncs P.4i•,..•ax:- x313 60 011 9Ilh,l Nianpwphl and.wne.on tthich ienls,M.arc audcmw nvJaw. --_-_ WMa a law 41.n pud1.1v.moldwnt 1765 k1 N'ett of the Fast hoc a said Om annit 1.w 3al.e.Moth alum aid psJMl lin•wa line dn.n SaabgidgranWN6,n,J.point of hogitning thecae Nmhh2 dec.furlw I eµircmeni.for ALTNACSSIInJ Tare Sunays.inimly • --� .rids 2011 Motisml Standard DevilR uW pool of hyien,ns da.lI ll'' RrnY e6. IIoITthk sAI.TA r,o NSPS.andi�:sL�krnu lid,71.1 70414 g,Y,111611.1/,IJ. Iwnkr 1.54!x.•r.:.:+:-N.7l1_ 15 dm ISf54 wit' ,t/:.t: kook Lw LnalalaumwwmRR-11 Ski 16-add/of TAR A lhemd The Gehl toot o s.pr6•at.on Apo17.2011.1(A464 11.2411 11omm Pray>,['en;lka5u of ink No 74361113 6.Parking Coon•27 muted sp.. 7.lb,roroo•ko0ao.o.tol.>vdd0Aa.0u-S.v,h.•darl...11a6:s>v.. guts t/de/', 6 Mr ad3rv.•r6L•prep.,i.64004,dak A.rnw G,aN,Riehtiea.17N 55421. a. PRELIMINARY S(RIP P.\RCbL• VI Aisne ground aile.bnok.field located 6(sMUn.All..lapend tat satk..whibsenr the pro.ny fuse mnnpled w Aft board than,gh de sooner alltpllg St.for CaO76,,og roadalaNabl7-Inaeta. •rV r f huaay earepci...f,ltl.fad lsa(c0JagnaW tad,Im:un.hsne co.orld.th.wnawlaw('dy ofR6hfz.and pre...N.Grda.Ihesoother torte.nogu•ran.nwsahe 6b..dnn:Mw:htm,h) cmm(to 1.-..e.,u--a.s r..2P%6 a:Mwb uilaks n dui ars.cah.Y in srk...dnnle.J.lAtune.fooh..bs cot wane dot the undreconao ibreasia.narc n the caa.r lna.inl:..,ted although he...Chao by are Vva J at areorxciy as Pwaitk Carlson 11ra,MO PROM RIY VI R('MlPllll\bR(1\I PARCH IRAA551R toad nf:rowb=abailA,c In anew has o-1 ph„kally heard the mkrgw.Mulil:en.N.M m,t umor m.r QXpinX abladliphrr S+teCR<Call Mr mm-dme location th314344aan1 lac011 N-;m,a red Mcsr:y l5 Goof Iran lIRq..cJland SYnoy Nn.615.[Taw)nlllmmpn. 1n 0booI+lwary 4.>inMa..\I+rnas daermiwvlb,A.rva.delAU2..amw1(h».ed.WsialndatXmldam Hoed lr_.nraa.RN.•31.p[ion,+nilY!'mat N:mhr21US1CIt16g 1;11nn rin!!:Trop.hl,ww..ad.p,6lWd6a he Faisal Finacar,Moodentent Agri.,art Yite dole Soca..2.3610 rya AIWA MI G001 363' Me d.:c '71;.--T-- AGENDA SECTION: ORDINANCES AGENDA ITEM# 9 REPORT# 145 radii STAFF REPORT RICHFIELD CITY COUNCIL MEETING JULY 23, 2013 REPORT PREPARED BY: MARY TIETJEN, CITY ATTORNEY NAME',TIT[, is.i DEPARTMENT DIRECTOR REVIEW: E r//CF4.9 SIGNATURE OTHER DEPARTMENT REVIEW: ❑ N/A SIGNATU �J REVIEWED BY CITY MANAGER: r ,/ 1 _ 1111111.11111M — ITEMS FOR COUNCIL CONSIDERATION: Second reading of an Ordinance amending the Richfield Code of Ordinances relating to tattoo, body piercing, body branding and body painting services (now known as "body art"). I. RECOMMENDED ACTIONS: By Motion: (1) Approve a second reading of an ordinance relating to the Regulation of Body Art Establishments amending Section 630 of the Richfield City Code; and (2) Adopt a resolution approving summary publication of the ordinance. II. EXECUTIVE SUMMARY The Richfield Code of Ordinances currently licenses establishments that provide tattoo, body piercing, body branding and body painting services 072313 Body Art Ordinance (collectively "body art"). In 2010, the State of Minnesota enacted a statute (Chapter 146B) that requires body art establishments and individual body art technicians to be licensed through the state, unless the city in which the business is to be located has an ordinance that meets or exceeds the requirements in the state law. If a city has a compliant ordinance, the State will grant waivers to businesses who wish to open establishments in those cities. The City's current Ordinance does not meet or exceed state statute. The proposed amendments will bring the City's Ordinance into compliance with state law. The State of Minnesota has reviewed the proposed amendments and determined that they would exceed the requirements found in state law. The first reading of the Ordinance occurred at the Council meeting on July 9, 2013. III. BASIS OF RECOMMENDATION A. BACKGROUND The City currently does not have any body art establishments within its boundaries. "Grey Duck Tattoo" has approached the City and wishes to open such an establishment. The owner of the business requested a waiver from the State indicating that the City of Richfield already has a licensing ordinance. However, the State denied the waiver because the City's Ordinance does not meet or exceed the standards in the state law. This request is what prompted a review of the City's ordinance and the proposed amendments. The City of Bloomington will perform the health and safety inspections for body art establishments in the City of Richfield. Therefore, the proposed amendments incorporate the health and sanitation standards found in Bloomington's ordinance. This will aid consistency and uniformity in enforcement of these issues. The first reading of the Ordinance occurred at the Council meeting on July 9, 2013. B. POLICY • If the City wishes to continue to license and regulate body art establishments, then its Ordinance must meet or exceed the requirements found in state law. 2 C. CRITICAL TIMING ISSUES • Grey Duck Tattoo wishes to open for business as soon as possible and cannot obtain a waiver until the City Council approves changes to the Ordinance. D. FINANCIAL • City staff recommends that the ordinance be published by title and summary, to reduce publication costs. E. LEGAL • The City Attorney drafted the proposed Ordinance and will be available to answer any questions. • If the City does not amend its Ordinance to meet or exceed state law requirements, no body art establishment wishing to locate in the City will be able to obtain a waiver from the State. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The City could choose to repeal the current Ordinance in its entirety and allow the State to regulate and license body art establishments. V. ATTACHMENTS • Ordinance • Resolution authorizing summary publication VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A 3 BILL NO. AN ORDINANCE AMENDING SECTION 630 OF THE CODE OF ORDINANCES RELATING TO THE REGULATION OF BODY ART ESTABLISHMENTS THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 630.01 is amended to read as follow: 630.01. Regulation of body art establishments. : ding and Subd. 1. Purpose statement. The purpose of this section is to regulate the business of body art . .. :, .•- :, ... . . . : . ... ..•- 2 in order to protect the health and welfare of the general public. The principal objectives of this Section are: - - . . - c general health and welfare of the community. (a) ho prevent disease transmission: LL To correct and prevent conditions that may adversely affect persons utilizing body art establishments: (c) To provide standards for the design. construction. Operation. and maintenance of body art establishments; and O To meet consumer expectations of the safety of body art establishments. Subd. 2. Scone. This Section shall anpl� to all persons perf'ormin body art procedures and all body art establishments where tattooing and body piercing are conducted. Subd. 3. .Exemptions. Board-certified medical or dental personnel that tattoo, pierce or remove tattoos as part of a medical or dental procedure are exempt from this Section. Persons piercing only the outer perimeter or lobe of the ear using pre-sterilized single use stud and clasp ear-piercing system are exempt from this Section's license requirement. Subd_ 4. Prohibitions, No person shall: (a) Conduct branding, cutting, subdermal implantation, microdermal, susjension. tongue bifurcation, or scarification of another_person; ail_ Tattoo a minor: (c) Pierce or tattoo the genitalia or nipples of a minor (d� _ Practice tattooinL, ur piercing while under the influence of alcohol, controlled substances as defined in Minnesota Statutes_section 1 52.(11 Subd. 4. or 426048v1 MDT RC 160-3 1 hazardous substances as defined in the rules adopted under Minnesota Statutes. Chapter I 82• or ---l (e) _Op rate a body art establishment or_perforni body art procedures as described in this Section without a license-- _ — -- - Sec. 2. Subsection 630.03 is amended to read as follow: 630.03. Definitions. For purposes of this subsection the terms defined in this subsection have the meanings given them. Subd. 2. "Body piercing" means any method of puncturing the skin of a person by •.. .. - . - - - • . . - .. - - - - :.:• -- . . --. •• "1:. • . . . . " . -II .. , - ... - : ••- . . - • --• - • - • - - - . Subd. 5. "Clean" means the absence of dirt, grease, rubbish, garbage, odor and other offensive, unsightly, or extraneous matter. Subd. 6. "Good repair" means free of corrosion, breaks, cracks, chips, pitting, and sound condition. Subd. 7. "Enforcement Officer" means the Director of Public Safety or designee. Subd. 8. "Issuing Authority" means the Director of Public Safety or designee. Subd. 9. "Tattooing" means the marking of the skin of a person by insertion of Subd. 1. "Aftercare"means written instructions given to the client, specific to the procedure(s) rendered, on caring for the body art and surrounding area. These instructions must include information on when to seek medical treatment. Subd.2. "Antiseptic"means an agent that destroys disease-causing microorganisms on human skin or mucosa. 426048v1 MDT RCI60-3 2 (1 - 3 Subd.3. "Apprentice"means a person working under the direct supervision of a licensed technician(s), in a licensed body art establishment to learn the skills of the trade. Subd. 4. "Apprenticeship"means an agreement an apprentice has with a licensed technician(s)learning the skills of tattooing or piercing while working under the direct supervision of a licensed technician(s)in a licensed establishment. Subd. 5. `Body Art"means physical body adornment using,but not limited to,the following techniques:body piercing,tattooing,and cosmetic tattooing.This definition does not include practices that are considered part of a medical procedure performed by board certified medical or dental personnel,such as,but not limited to,implants under the skin. Such medical procedures shall not be performed in a body art establishment.This definition does not include piercing of the outer perimeter or lobe of the ear using pre-sterilized single use stud and clasp ear piercing system. Subd. 6. `Body Art Establishment"means any structure or venue,whether permanent, temporary,or mobile,where the practices of body art,whether or not for profit,are performed. Mobile establishments include vehicle-mounted units,either motorized or trailered,and readily moveable without dissembling and where body art procedures are regularly performed in more than one geographic location. Subd. 7. "Body Piercing"means the penetration or puncturing of human skin by any method, for the purpose of inserting jewelry or other objects, in or through the human body. Body Piercing shall not refer to any medical procedure performed by board certified medical or dental personnel. Also, Body Piercing shall not refer to the puncturing of the outer perimeter or lobe of the ear using pre-sterilized single use stud and clasp ear-piercing system. Subd. 8. "Body Scarification"or"Scarring"means any method of applying a scar to the body for the purpose of creating a permanent mark or design on the skin. Subd. 9. "Branding"means any method using thermal cautery,radio hyfrecation, striking or any other method using heat,cold,or any chemical compound to apply a scar to the body for the purpose of creating a permanent mark or design on the skin. Subd. 10. "Clean"means the absence of dirt,grease,rubbish,garbage,and other offensive,unsightly,or extraneous matter. Subd. 11. "Contaminated Waste"means any liquid or semi-liquid blood or other potentially infectious materials; contaminated items that would release blood or other potentially infectious materials in a liquid or semi-liquid state if compressed;items that are caked with dried blood or other potentially infectious materials and are capable of releasing these materials during handling;sharps and any wastes containing blood and other potentially infectious materials,as defined in Code 29 of Federal Regulations Part 1910, 1030,known"Occupational Exposure to Bloodborne Pathogens." 426048v1 MDT RC 160-3 3 qL4 Subd. 12. "Cosmetic Tattooing"-also called micropigmentation or permanent makeup. See definition of tattooing. Subd. 13. "Cutting"means the practice of cutting the skin,mucosa or part of the body to create a permanent scar or division of tissue for the purpose of body art. Cutting shall not refer to any medical procedure performed by board certified medical or dental personnel. Subd. 14. "Disinfection"means the destruction of disease-causing microorganisms on inanimate objects or surfaces,thereby rendering the objects safe for use or handling. Subd. 15. "Equipment"means all machinery,including fixtures,containers,vessels, tools,devices,implements,furniture,storage areas,sinks,and all other apparatus and appurtenances used in the operation of a body art establishment. Subd. 16. "Establishment Plan"means a to-scale drawing of the establishment's layout illustrating the requirements of this ordinance. Subd. 17. "Good Repair"means free of corrosion, breaks,cracks,chips,pitting, excessive wear and tear,leaks,obstructions,and similar defects so as to constitute a good and sound condition. Subd. 18. "Guest Artist"means a person who performs body art procedures under a current technician license or meets the apprenticeship requirements of subsection 630.07, subd. 8. Subd. 19. "Handsink"means a lavatory equipped with hot and cold water held under pressure,used solely for washing_hands, wrists,arms or other portions of the body. Subd.20. "Health Authority" means the designated agent of the City to perform health and safety inspections and other delegated duties. Subd. 21. "Issuing Authority"means the Director of Public Safety or designee. Subd.22. "Hot Water" means water at least 110 degrees Fahrenheit. Subd.23. "Implanting"means to fix or set securely an object in or under tissue and includes, but is not limited to, 3-dimensional body art applications. Implanting does not include medical procedures including,but not limited to,pacemaker insertion, cosmetic surgery, and reconstructive surgery performed by board certified medical and dental personnel. Subd.24. "Jewelry"means any personal ornament inserted into a newly pierced area. Subd. 25. "Liquid Chemical Germicide" means a tuberculocidal disinfectant or sanitizer registered with the Environmental Protection Agency. 426048v1 MDT RC 160-3 4 Subd. 26. "Microdermal"means a single-point perforation of any body part other than an earlobe for the purpose of inserting an anchor with a step either protruding from or flush with the skin. Subd. 27. "Operator"means any person who controls, operates, or manages body art activities at a body art establishment and who is responsible for compliance with these regulations, whether actually performing body art activities or not. Subd.28. "Person"means any individual, partnership, corporation, or association. Subd.29. "Procedure Area"means the physical space or room used solely for conducting body art procedures. Subd.30. "Procedure Surface"means the surface area of furniture or accessories that may come into contact with the client's clothed or unclothed body during a body art procedure and the area of the client's skin where the body art procedure is to be performed and the surrounding area, or any other associated work area requiring sanitizing. Subd.31. "Remodel" means any change to the current establishment requiring either a building or trades permit for the work to proceed. Remodel does not include changes to the front desk area,waiting area,painting, wallpapering, or carpeting, even if a permit is otherwise required. Adding a new workstation,plumbing changes, or expanding into an adjacent space to add workstations are examples of remodeling. Remodeling also means any changes to an establishment planpreviously submitted to the Health Authority. Subd.32. "Sanitization"means a process of reducing the numbers of microorganisms on clean surfaces and equipment to a safe level. Subd.33. "Safe Level" means not more than 50 colonies of microorganisms per 4 square inches of equipment or procedure surface. Subd.34. "Scarification"means an indelible mark fixed on the body by the production of scars. Subd.35. "Sharps" means any object, sterile or contaminated, that may purposefully or accidentally, cut or penetrate the skin mucosa including, but not limited to, pre-sterilized single use needles, scalpel blades, and razor blades. Subd.36. "Sharps Container"means a closed,puncture-resistant, leak-proof container labeled with the international biohazard symbol, used for handling, storage, transportation and disposal of sharps. Subd.37. "Single Use"means products or items intended for one time use and are disposed of after use on each client including, but not limited to, cotton swabs or balls, 426048v1 MDT RCI60-3 5 C tissues or paper products, paper or plastic cups, gauze and sanitary coverings,razors, piercing needles, tattoo needles, scalpel blades, stencils, ink cups, and protective gloves. Subd.38. "Standard Precautions"means guidelines and controls published by the Center for Disease Control (CDC) as guidelines for prevention of transmission of human immunodeficiency virus and hepatitis B virus to health-care and public-safety workers" in Morbidity and Mortality Weekly Report (MMWR), June 23, 1989, Vol. 38, No. S-6, and as "recommendation for preventing transmission of human immunodeficiency virus and hepatitis B virus to patients during exposure-prone invasive procedures,"in MMWR,July 12, 1991,Vol.40,No.RR-Subd.T. This method of infection control requires the employer and the employee to assume that all human blood and specified human body fluids are infectious for HIV,HVB and other blood pathogens. Precautions include handwashing,gloving,personal protective equipment,injury prevention,and proper handling and disposal of needles,other sharp instruments,and blood and body fluid contaminated products. Subd.39. "Sterilization"means a process resulting in the destruction of all forms of microbial life,including highly resistant bacterial spores. Subd. 40. "Subdermal implantation"means the implantation of an object entirely below the dermis. Subd. 41. "Suspension"means the piercing of human tissue with large gauge fishing hooks or other piercing apparatus to raise or lower a person with pulleys or other apparatus. Subd. 42. "Tattooing"means any method of placing ink or other pigments into or under the skin or mucosa with needles or any other instruments used to puncture the skin,resulting in permanent coloration of the skin or mucosa.This definition includes all fotuus of cosmetic tattooing. Subd. 43. "Technician"means any person licensed by the Minnesota Department of Health and registered with the City under this Section who conducts or practices body art procedures at a body art establishment. Subd.44. "Temporary body art establishment"means any place or premise operating at a fixed location where an operator or technician performs body art procedures for no more than four (4)continuous days,in conjunction with a single event and not more than four(4)events in a calendar year. Subd. 45. "Tongue bifurcation"means the cutting of the tongue from the tip to the base, forking at the end. Sec. 3. Subsection 630.05 is amended to read as follows: 630.05. License required. 426048v1 MDT RC160-3 6 No person shall own or operate any body art establishment without a body art establishment license where tattooing, body piercing, body branding, or body painting is practiced, nor shall any person engage in the practice of body art tattooing, body piercing, body branding or body painting without first procuring a technician registration license from the Issuing Authority Department of Public Safety. Licenses must be prominently displayed in a public area of the establishment. Sec. 4. Subsection 630,07 is amended to read as follows: 630.07. € onterrts ofapplication for license: Subd. 1. Forms. Every application for a license under this subsection shall be made on a form supplied by the Issuing Authority Department of Public Safety. Subd. 2. Contents of application. In addition to information which may be required, the applicant shall state whether the applicant is a natural person, corporation, partnership, or other form of organization. Subd. 3.Additional information: natural persons. If the applicant is a natural person, the following information shall be furnished: (a) The name,place and date of birth, street residence address, and phone number of the applicant. (b) Whether the applicant has ever used or has been known by a name other than the applicant's name, and if so, the name or names used and information concerning dates and places where used. (c) The name of the business if it is to be conducted under a designation, name, or style other than the name of the applicant, and a certified copy of the certificate as required by Minnesota Statutes, section 333.01. (d) The street addresses at which the applicant has lived during the preceding five (5) years. (e) The type, name and location of every business or occupation in which the applicant has been engaged during the preceding five (5) years, and the name(s) and address(es) of the applicant's employer(s) and partner(s), if any, for the preceding five (5) years. (f) Whether the applicant has ever been convicted of a felony, crime, or violation of any ordinance other than a petty misdemeanor. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had. (f)---Whether the applicant holds a current tattooing, body piercing, body governmental unit. 426048v1 MDT RC 160-3 7 q - (i) Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not paid, the (j) Whenever the application is for premises either already in existence, plans need be submitted to the Issuing Authority. (k) Such other information the C. .. -- !-.. -• - . • Safety may require. Subd. 4.Additional information:partnership. If the applicant is a partnership, the following information shall be furnished: (a) The name(s) and address(es) of all general and limited partners and, for each general partner, require the information under subdivisions 3 and 6 of this subsection. (b) The name(s) of the managing partner(s) and the interest of each partner in the business to be licensed. (c) A true copy of the partnership agreement shall be submitted with the application. If the partnership is required to file a certificate as to a trade name pursuant to Minnesota Statutes, section 333.01, a certified copy of such certificate shall be attached to the application. Subd. 5.Additional information: corporation. If the applicant is a corporation or other organization, the following information shall be furnished: (a) The name of the corporation or business formed, and if incorporated, the state of incorporation. (b) A true copy of the certificate of incorporation. If the applicant is a foreign corporation, a certificate of authority as required by Minnesota Statutes, section 303.06, shall be attached to the application. (c) The name of the manager(s) proprietor(s), or other agent(s) in charge of the business and, for each such person, the information required under subdivisions 3 and 6 of this subsection. Subd. 6. All applicants. All applicants must furnish the following information: (a) Whether the applicant holds a current tattooing, body piercing, body branding or body painting license from any other governmental unit. (b) Whether the applicant has previously been denied a tattooing, body piercing, body branding or body painting license from any other governmental unit. (c) The location of the business premises and the legal description thereof 426048v1 MDT RC160-3 8 9- c (d) Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not paid, the years and amounts that are unpaid. (e) Whenever the application is for premises either already in existence, planned or under construction or undergoing substantial alterations, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans of design are on file with the City of Richfield, building and inspection division, no plans need be submitted to the Issuing Authority. (f) Whether the applicant has had a license for body art revoked or denied by the City or any other governmental body within three (3) years before the application date. (g) The applicant's hours of operation, on-site management and parking facilities. (h) An executed data privacy advisory and consent form authorizing the release of criminal history information for each of the individuals,partners and corporate officers having an interest in the business. (i) Proof of Worker's Compensation Insurance as required by Minnesota Statutes, Section 176.182 and the applicant's Minnesota business tax identification number, as required by Minnesota Statutes, Section 270C.72. f j) The website and electronic mail address for the business and each of the individuals, partners, and corporate officers having an interest in the business. (k) Such other information the City Council or the Department of Public Safety may require. Subd. 7. Technician Registration. An application for a body art technician registration shall be made on a form supplied by the Issuing Authority and shall request the following information: (a) The applicant's name and current address. (b) The applicant's current employer. (c) The applicant's employers for the previous five(5)years,including the employer's name,address and dates of employment. (d) The applicant's addresses for the previous five (5) years. L The applicant's date of birth,home telephone number,weight,height,color of eyes, and color of hair. (f) Whether the applicant has ever been convicted of any felony,crime,or violation of any ordinance other than a minor traffic offense and,if so,the time,place,and offense for which convictions were had. Whether the applicant has ever used or been known by a name other than the applicant's name,and if so,the name or names and information concerning dates and places where used. (h) Description of body art procedures to be performed. 426048v1 MDT RC160-3 9 (i) Name and business address of licensed body art establishment(s)where body art procedures will be performed. (j) Current proof of successful completion of an approved course on bloodbome pathogens and prevention of disease transmission. Courses considered approved may include those administered by the following:the American Red Cross,United States Occupational Safety and Health Administration(OSHA),or the Alliance of Professional Tattooists. (k) Each technician registration application shall include proof of training and experience, which may include a signed affidavit as proof of completion of supervised apprenticeship for a minimum of 200 hours in the area which the applicant is seeking a license or current license issued from another health agency. (1) Proof of licensure by the State of Minnesota Department of Health. (m) Such other information as the City Council or Issuing Authority shall require. Subd. 8. Apprenticeship and Guest Artist Procedures. (a) No person shall start an apprenticeship or conduct body art procedures as a guest artist, until a licensed and registered technician registers the apprenticeship or guest artist with the Issuing Authority on forms provided by the Issuing Authority. The following information is required for registration: (1) The name and address of the licensed establishment where the apprentice or guest artist will be training or working; (2) The name of the apprentice or guest artist. (3) The name(s) of the licensed and registered technician(s) conducting the apprenticeship or sponsoring the guest artist. If more than one person is conducting the apprenticeship,then a lead technician must be identified on the application; (4) The starting date of the apprenticeship or guest artist; (5) The anticipated completion date of the apprenticeship or guest artist; and (6) Proof of licensure by the State of Minnesota Department of Health. (b) At least one of the licensed and registered technician(s)listed in(a)(3)above,shall be present at all times when the apprentice is conducting body art procedures. (c) The sponsoring licensed and registered technician is not required to be present at all times when a guest artist is conducting body art procedures if the guest artist provides to the Issuing Authority,upon registration,the information required in subsection 630.07,subd.7(j)and(k). (d) An apprentice shall complete a minimum of 200 hours of training under the direct supervision of licensed and registered technician(s)before becoming eligible for a technician license and registration. (e) The length of time the guest artist may conduct body art procedures shall not exceed 30 days per calendar year per licensed establishment. If the length of time exceeds this,then the guest artist shall apply for a technician license with the 426048v1 MDT RC160-3 10 9 ti Minnesota Department of Health and register as a technician with the Issuing Authority. (f) If the apprenticeship or guest artist procedure is not followed,the person, apprentice,or guest artist and/or licensed technician(s)conducting the apprenticeship may be subject to penalties. Subd. 6 9. Execution. The application must be executed as follows: (a) An application by a natural person, by that person; (b) An application by a corporation, by an officer of the corporation; (c) An application by a partnership, by a partner; (d) An application by an incorporated association, by the manager or managing officer. Any falsification on a license application shall result in the denial of a license. Sec. S. Subsection 630.09 is amended to read as follows: 630.09.Application verification rind consideration. Subdivision 1. All applications shall be referred to the Department of Public Safety Issuing Authority for verification and investigation of the facts set forth in the application, including any necessary criminal background checks to assure compliance with this subsection. Subd. 2. Consideration. Within a reasonable period of time after the completion of the license verification process by the Issuing Authority, the Issuing Authority shall accept or deny the license application in accordance with this subsection. The notice shall be mailed by regular mail to the applicant at the address provided in the application and it shall inform the applicant of the applicant's right, within twenty (20) days after receipt of the notice by the applicant to request an appeal of the Issuing Authority's determination to the City Council. If an appeal to the City Council is timely received by the Issuing Authority, the hearing before the City Council shall take place within a reasonable period of time after receipt of the appeal by the Issuing Authority. Sec. 6. Subsection 630.11 is amended to read as follows: 630.11.License period and fees. Subdivision 1.Amounts Fees and Term. The license fees are is fixed in appendix D. The term of the a license is the calendar year or the remaining portion thereof. Licenses will not be prorated. Licenses expire on December 31 of each year. Subd. 2. Payment. At the time of an original application for a license, the license fee shall be paid when the application is filed. At the time of renewal of a license, the 426048v1 MDT RC160-3 11 total license fee shall be paid when the application is filed. Licenses expire on December 31 of each year. Subd. 3. Investigation fee. At the time of each original application for a license, the applicant shall also pay an investigation fee set by appendix D. If the expenses of the investigation exceed the investigation fee, the public safety department staff Issuing Authority shall so notify the applicant and shall require the applicant to pay an additional investigation fee as provided in appendix D which the Public Safety Director deems necessary to complete the investigation of the applicant. The applicant shall pay such an additional investigating investigation fee within five (5) days after notification. If such additional investigation fee is not paid within the five (5) day period, the City will give no further consideration to the application. Subd. 4. Refunds. No part of a license or investigation fee shall be refunded except in accordance with this subsection. Sec. 7. Subsection 630.13 is amended to read as follows: 630.13.Persons ineligible for license. Subdivision 1. No license shall be issued to an applicant who is a natural person if such applicant: (a) Is a minor at the time the application is filed; (b) Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, section 364.03, subd. 2, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation as prescribed by Minnesota Statutes, section 364.03, subd. 3; (c) Does not have the legal authority to be employed in the United States; er• (d) Is not of good moral character or repute; (e) Knowingly falsifies or misrepresents information on the license application; (f) Owes taxes or assessments to the State, County, School District or City that are due and delinquent; (g) Is not the real party in interest in the business to be licensed; or (h) Has had a license for body art revoked or denied by the City or another governmental body within three (3) years before the application date. Subd. 2. No license shall be issued to a partnership if such partnership has any general partner or managing partner: (a) Who is a minor at the time the application is filed; (b) Who has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, section 364.03, subd. 2, and who has not shown competent evidence of sufficient rehabilitation and 426048v 1 MDT RC 160-3 12 present fitness, to perform the duties of the licensed occupation as prescribed by Minnesota Statutes, section 364.03, subd. 3; (c) Does not have the legal authority to be employed in the United States; er (d) Is not of good moral character or repute; (e) Knowingly falsifies or misrepresents information on the license application; cf) Owes taxes or assessments to the State, County, School District or City that are due and delinquent; (g) Is not the real party in interest in the business to be licensed; or (h) Has had a license for body art revoked or denied by the City or another governmental body within three (3) years before the application date. Subd. 3.No license shall be issued to a corporation or other organization if such applicant has any manager, proprietor, or agent in charge of the business to be licensed: (a) Who is a minor at the time the application if filed; (b) Who has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, section 364.03, subd. 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation as prescribed by Minnesota Statutes, section 364.03, subd. 3; (c) Does not have the legal authority to be employed in the United States; er (d) Is not of good moral character or repute; (e) Knowingly falsifies or misrepresents information on the license application; (f) Owes taxes or assessments to the State, County, School District or City that are due and delinquent; (g) Is not the real party in interest in the business to be licensed; or (h) Has had a license for body art revoked or denied by the City or another governmental body within three (3) years before the application date. Sec. 8. A new subsection 630.14 is added to read as follows: 630.14 Locations ineligible for a license. The following locations shall be ineligible for a license under this Section. Subdivision 1. Taxes Due on Property. No license shall be granted or renewed for operation on any property on which taxes,assessments,or other financial claims of the State, County,School District,or City are past due,delinquent, or unpaid. in the event a suit has been commenced under Minnesota Statutes,Chapter 278,questioning the amount of validity of taxes, the City Council may on application waive strict compliance with this provision;no waiver may be granted,however,for taxes or any portion thereof which remain unpaid for a period exceeding one (1)year after becoming due. 426048v1 MDT RC 160-3 13 I Li Subd.2. Improper Zoning. No license shall be granted if the property is not properly zoned for body art establishments unless the business is a legal,nonconforming use. Subd. 3. Premises Licensed for Alcoholic Beverages. No license shall be granted or renewed if the premises is licensed for the furnishing of alcoholic beverages or is licensed as a sexually-oriented business. Sec. 9. Subsection 630.15 is amended to read as follows: 630.15. General license requirements. Subdivision 1. General licensing requirements are as follows: (a) Tattoos on m Minors. No person shall tattoo, pierce, brand or paint any person under the age of 18. No person shall pierce, brand or paint any person under the age of 18 except in the presence of, and with the written permission of, the parent or legal guardian of such minor. (b) Prohibition on license transfer. The license granted is for the person and the premises named on the approved license application. No transfer of a license shall be permitted from place-to-place or from person-to-person without first complying with the requirements of an original application, except in the case in which an existing noncorporate licensee is incorporated and incorporation does not affect the ownership, control, and interest of the existing licensed establishment. (c) Hours of operation. A licensee shall not be open for business for tattooing before 7:00 a.m. nor after 11:00 p.m. (d) Licensed premises. The body art tattoo, body piercing, body branding, body painting establishment license is only effective for the compact and contiguous space specified in the approved license application. If the licensed premises is enlarged, altered, or extended, the licensee shall inform the Issuing Authority Department of Public Safety. (e) Effect of license suspension or revocation. No person shall solicit business or offer to perform body art procedures tattooing, body piercing, body . - - --- -.•- _ - • - while under license suspension or revocation by the City. (f) Maintenance of order. The licensee shall be responsible for the conduct of the business being operated and shall at all times maintain conditions of order. (g) Employee lists. The licensee shall provide to the Issuing Authority `-=. ° --- ' . : -. - a list of employees who perform body art procedures tattooing, body piercing, body branding or body painting at the licensed establishment and shall verify that each employee has received a copy of Section 630. (h) Liability insurance. All licensees of establishments shall have at all times a valid certificate of insurance issued by an insurance company licensed to do business in the State of Minnesota indicating that the licensee has current coverage of one million dollars ($1,000,000) for professional 426048v1 MDT RC 160-3 14 0, 15- liability in the practice of body art. is currently covered in the licensed for such insurance shall be: {1) Each claim, at least $200,000.00; (2) Each group of claims, at least $500,000.00. Such insurance shall be kept in force during the term of the license and shall provide for notification to the City prior to termination or cancellation. A certificate of insurance shall be filed with the City. Subd. 2. Renewal of License or Registration. An application for the renewal of an existing license or registration shall be made at least thirty (30) days prior to the expiration date of the license or registration and shall be made in such form as the Issuing Authority requires. Within a reasonable period after the completion of the renewal license or registration verification process, the Issuing Authority shall accept or deny the license or registration application in accordance with this Section. If the application is denied, the Issuing Authority shall notify the applicant of the determination in writing and by regular mail to the address provided on the application form. The notice shall inform the applicant of the right, within twenty (20) days after receipt of the notice by the applicant, to request an appeal of the Issuing Authority's denial to the City Council. If an appeal to the City Council is timely received by the Issuing Authority, the hearing before the City Council shall take place within a reasonable period of receipt of the appeal by the Issuing Authority. Sec. 10. Subsection 630.17 is amended to read as 'follou s: 630.17. Health rand-.sanitation-re tf ementvSttan arils ffrr°health and safety. {a) Lavatory requirement. Every place where tattooing, body piercing, body sanitary condition. Toilet fixtures and se . front design and readily cleanable. Easily cleanable, covered receptacles (b) Skin infection. No person having any skin infection or other diseases of the 426048v1 MDT RC160-3 15 i (to {c) Sterilization and disposal o bio hazardous materials. All needles and •. . : :ther equipment used for piercing, branding or puncturing shall be individually pre packaged, pre sterilized and (d) Skin preparation procedures. The following procedures shall be used for skin preparation: (1) Each operator shall wash their hands thoroughly with soap and . - . . . - . - . .. -• - (2) Whenever it is necessary to shave the skin, pre packaged, pre - • • -:, :• :: able, razor blades shall be used. (3) The skin area to be tattooed, pierced, branded or painted shall be - . -- . . ' - aphe tattooed, pierced or branded area. (e) Operating furniture. All tables, chairs, furniture, or area on which a patron • • •V, •.. . ... . .. - • - • • • -, - .:le, chair, or furniture on which the patron receives a ":• • - • - :- properly sanitized after each tattoo, body piercing, (f) Towels. Every operator shall provide single service towels or wipes for disposed of in a manner acceptable to the Department of Public Safety. _ •• . • .. :, ... . . . . cleaning methods. -- • • -: . • ceptacic and remaining solution shall be discarded 426048v1 MDT RC160-3 16 - .- - (i) Minimum‘floor space. There shall not be less than 150 square feet of floor Department of Public Safety. . • . ,- : . • : . •. . . • - .• •, ... . . ' : ;:: :••• : .. • - . •:- - • 0 .-. -illicit drugs. (k) Written instructions. The operator shall provide the person tattooed,•- skin during the healing process. - . (1) Living quarters. No place licensed as a tattoo, body piercing, body - . living or sleeping quarters. Subdivision 1. No person shall perform body art procedures in the City without complying with the following regulations: (a) Clients. (1) Minors. No person shall tattoo an_y_person under the age of eighteen(18). Additionally,no person shall pierce a minor without written permission from a custodial parent given in person at the body art establishment. Nipple and genital piercing is prohibited on minors regardless of parental consent. (2) Client Identification.Technicians shall require proof of age prior to performing procedures on any client.Proof of age is established by one of the following: (A) A valid driver's license or identification card issued by the State of Minnesota, or other state,and including the photograph and date of birth of the person; (BD A valid military identification card issued by the United States Department of Defense; (C) A valid passport; (D) A resident alien card; or (E) A tribal identification card. (3) Release Form. Before performing a body art procedure, the client must sign and date a release form detailing if the client has any of the following conditions: (A) Diabetes; (B) A history of hemophilia; 426048v1 MDT RC160-3 17 9- 13 (C) A history of skin diseases, skin lesions, or skin sensitivities to soap, disinfectants, etc.; (D) A history of allergies to metals; (E) A history of epilepsy, seizures, fainting or narcolepsy; (F) A condition where the client takes medications, such as anticoagulants,that thin the blood and/or interferes with blood clotting;or (G) Any other information that would aid the technician in body art procedure process evaluation. (4) Consent Form. Before performing a body art procedure,the client must sign and date a consent form. The consent form shall disclose: (A) That any tattoo should be considered permanent;it may only be removed with a surgical procedure; and any effective removal may leave scarring;or (B) That any piercing may leave scarring. (5) Client Record Management. The body art establishment operator shall maintain proper records for each client. The records of the procedure shall be kept for two years and shall be available for inspection by the Health Authority and Issuing Authority. The records shall include the following: (A) The date of the procedure. (B) Record of information on picture identification showing name,age,and current address of the client. (C) Copy of the release form signed and dated by the client. (D) The nature of the body art procedure performed. (E) The name and license number of the technician performing the procedure. (F) A copy of the consent form to perform the body art procedure on a minor with required signatures as defined in(a)(1)above,if applicable. (b) Technician Information. The following information shall be kept on file for three years on the premises and available for inspection by the Health Authority and Issuing Authority for each technician, guest artist or apprentice: (1 ) Full name; (2) Home address; (3) Home phone number; (4) Date of birth; (5) Identification photo; (6) Exact duties; and (7) Proof of a registration from the Issuing Authority, guest artist registration or current apprenticeship registration. 426048v1 MDT RC160-3 18 q- 19 (c) Establishment Information. The following information shall be kept on file for three years on the premises and available for inspection by the Health Authority and Issuing Authority: (1) A description of all body art procedures performed. (2) An inventory of instruments,body jewelry,sharps,and inks or pigments used for all procedures including the names of manufacturers,serial and lot numbers.Invoices or orders shall satisfy this requirement. (3) Copies of spore tests conducted on the sterilizer. (4) A copy of this Section shall be available at all times on premises. (d) Under the Influence. No technician shall perform body art procedures while under the influence of alcohol,controlled substances as defined in Minnesota Statutes, Section 152.01,subd.4,or hazardous substances as defined in the rules adopted under Minnesota Statutes,Chapter 182. (e) Aftercare. Upon completion of the body art procedure,technicians shall provide each client with verbal and printed instructions on recommended care of the body art during the healing process. The printed instructions must advise the client of the difference between normal skin or tissue irritation and infection and to consult a health care professional upon indication of infection of the skin or tissue. (f) Notification. Operators and technicians shall notify the Health Authority immediately of any reports they receive of a potential bloodborne pathogen transmission. (g) Industry Self-Survey and Training Responsibility. Every licensee of a body art establishment shall arrange for and maintain a program of sanitation self- inspection conducted by the owner,operator,technician, or apprentice and approved by the Health Authority. The self-inspection program shall include written policies,appropriate forms for logging self-inspections,and evidence that routine self-inspection of all aspects of the body art establishment takes place. A description of the body art establishment self-inspection program shall be available for review. (h) Facilities. (1) Plans. Any new or remodeled establishment shall submit to the Health Authority a to-scale establishment plan in sufficient detail to ascertain compliance with conditions in this Section. (2) Procedure Areas. There shall be no less than forty-five(45)square feet of floor space for each procedure area. The procedure area(s)must be separated from the bathroom,retail sales area,hair salon area, or any other area that may cause potential contamination of work surfaces.For clients requesting privacy,dividers,curtains,or partitions at a minimum shall separate multiple procedure areas. 426048v1 MDT RC160-3 19 (3) Handsinks. Each establishment shall have a readily accessible handsink that is not in a public restroom and is equipped with: (A) Hot and cold running water under pressure; (B) No touch faucet controls such as wrist or foot operated; (C) Liquid hand soap; (D) Single use paper towels or a mechanical hand dryer or blower; (E) A nonporous washable garbage receptacle with a foot-operated lid or without a lid and a removable liner;and (F) A sign reminding technicians to properly wash their hands. (4) Bathrooms.Every establishment shall have at least one available bathroom equipped with a toilet and a hand lavatory. The hand lavatory shall be supplied with: (A) Hot and cold running water under pressure; (B) Liquid hand soap; (C) Single use paper towels or mechanical hand drier/blower; (D) A garbage can; (E) A door that closes; and (F) Adequate ventilation. (5) Lighting. The establishment shall have an artificial light source equivalent to 20 foot-candles at three feet above the floor. At least 100 foot-candles of light shall be provided at the level where body art procedures are performed,where sterilization takes place,and where instruments and sharps are assembled. (6) Procedure Surfaces. All procedure surfaces shall be smooth, nonabsorbent and easily cleanable. Procedure surfaces shall be cleaned and sanitized after each client. (7) Ceilings.All ceilings shall be in good condition. (8) Walls and Floors. All walls and floors shall be maintained in good repair free of open holes or cracks and washable. Floors of procedure areas shall not be carpeted. (9) Facilities Maintenance. All facilities shall be maintained in good working order and in good condition. (10) Clean Facilities. All facilities shall be maintained in a clean and sanitary condition. (11) Facilities Use. No establishment shall be used or occupied for living or sleeping quarters. (12) Animals. Only service animals may be allowed in the establishment.No animals shall be allowed in the procedure area(s). (13) Pest Control. Effective measures shall be taken by the operator to prevent entrance,breeding, and harborage of insects, vermin, and rodents in the establishment. (i) Equipment and Instruments. (1) Sterile Jewelry and Instruments. All jewelry used as part of apiercing procedure shall be sterilized before use. All reusable instruments shall be thoroughly washed to remove all organic matter,rinsed,and sterilized 426048v1 MDT RC160-3 20 cl -aI before and after use. All needles shall be single use needles and sterilized before use.All sterilization shall be conducted using steam heat or chemical vapor. Steam heat and chemical vapor sterilization units shall be operated according to the manufacturer's specifications and the sterilizer operations shall be recorded in a written log that includes at a minimum the following information: (A) Date of sterilizer operation; (B) Name of the person operating the sterilizer; (C) Contents or items sterilized; and (D) Run temperature,pressure and duration in minutes. (2) Spore Testing. At least once a month,but not to exceed 30 days between tests,a spore test shall be conducted on the sterilizer to ensure that it is working properly. If a positive spore test result is received,the sterilizer cannot be used until a negative result is obtained. This may result in ceasing operation until the situation is corrected. (3) Jewelry. Jewelry must be made of surgical implant grade stainless steel, solid 14k or 18k white or yellow gold,niobium,titanium or platinum, and/or a dense low-porosity plastic. Jewelry must be free of nicks,scratches or irregular surfaces and must be properly sterilized prior to use. Use of jewelry that is constructed of wood,bone,or other porous material is prohibited. (4) Inks,Dyes,and Pigments. All inks,dyes, and other pigments shall be specifically manufactured for tattoo procedures. The mixing of approved inks,dyes,or pigments,or their dilution with distilled water or alcohol is acceptable. (5) Single Use Ink Cups. Immediately before applying a tattoo,the quantity of the dye used shall be transferred from the dye bottle and placed into single use paper or plastic cups. Upon completion of the tattoo,these single use cups and their contents shall be discarded. (6) Procedure Surfaces and Sanitization. All tables,chairs, furniture or other procedure surfaces that may be exposed to blood or body fluids during the tattooing or piercing procedure shall be constructed of stainless steel,or other suitable material that will allow complete sanitization,and shall be sanitized between uses with a liquid chemical germicide. (7) Single Use Towels. Single use towels or wipes shall be provided to the client. These towels shall be dispensed in a manner that precludes contamination and disposed of in a cleanable garbage container with a liner. (8) Storage of Bandages. All bandages and surgical dressings used shall be sterile or bulls-packaged clean and stored in a clean,closed nonporous container. (9) Equipment and Instrument Maintenance. All equipment and instruments shall be maintained in a good working order and in a clean and sanitary condition. 426048v1 MDTRC160-3 21 (10) Supply Storage. All instruments and supplies shall be stored clean and dry in covered containers stored up off the floor. (11) Single-use disposable barriers or a chemical germicide must be used on all equipment that cannot be sterilized as part of the procedure as required under this section,including but not limited to,spray bottles,procedure light fixture handles,and tattoo machines. (j) Skin Preparation. (1) Whenever it is necessary to shave the skin,a new disposable razor must be used for each client. (2) The skin area subject to a body art procedure must be thoroughly cleaned with soap and water,rinsed thoroughly,and swabbed with an antiseptic solution. Only single use towels or wipes shall be used in the skin cleaning process. (3) No body art procedure shall be performed on any area of the skin where there is an evident infection,irritation,or open wound. (k) Hand Washing and Hygiene. (1) Each technician shall scrub his or her hands and wrists thoroughly using soap,warm water and a nail brush for 20 seconds before and after performing a body art procedure. (2) Technicians with skin infections of the hand or open sores visible or in a location that may come in contact with the client shall not perform body art procedures. (3) The technician must wash his or her hands after contact with the client receiving the procedure or after contact with potentially contaminated articles. (4) Technicians shall wear clean clothing and use a disposable barrier such as a lap cloth when performing body art procedures. (5) For each client,single use disposable barriers shall be provided on all equipment used as part of the procedure that cannot be sterilized according to(i)(1)above. Examples may include,but not limited to spray bottles, procedure light fixture handles,and tattoo machines. (6) Technicians shall not smoke, eat, or drink while performing body art procedures. (7) Technicians shall not allow clients to leave the procedure area without first covering the tattooed area with a bandage or other clean covering. (1) Glove Use. (1) Single use gloves of adequate size and quality as to preserve dexterity shall be used for touching clients,for handling sterile instruments,or for handling blood or body fluids. (2) Gloves must be changed if: (A) They become damaged; (B) They come in contact with any non-clean surface or objects; or (C) They come in contact with a third person. 426048v1 MDT RC160-3 22 - a3 (3) At a minimum,gloves shall be discarded after the completion of a procedure on a client. (4) Hands and wrists must be washed before putting on a clean pair of gloves and after removing a pair of gloves. (5) Gloves shall not be reused. (6) Nonlatex gloves must be used with clients or employees who request them or when petroleum products are used. (m) Proper handling and disposal of needles, other sharp instruments, blood, other body fluids, and contaminated products. (1) Contaminated waste that may release liquid blood or body fluids when compressed or that may release dried blood or body fluids when handled, must be placed in an approved"red"bag that is marked with the international biohazard symbol.It must be disposed of by a licensed waste hauler at an approved site,or at a minimum,in accordance with the requirements contained in 29 CFR Part 1910.1030,Occupational Exposure to Bloodbome Pathogens. (2) Contaminated waste that does not release liquid blood or body fluids when compressed or handled may be placed in a covered receptacle and disposed of through normal,approved disposal methods. (3) Sharps ready for disposal shall be disposed of in an approved sharps container. (4) Storage of contaminated waste on-site shall not exceed the period specified by 29 CFR Part 1910.1030, Occupational Exposure to Bloodbome Pathogens. (5) Maintain proof ofproper disposal service at the establishment in the form of invoices or bills for three years. Sec. 11. A new subsection 630.18 is added to read as follows: 630.18. Inspection and Plan Review. Subdivision 1. Ins.ection Re•uired. The Health Authorit shall insect each bod art establishment: (a) Before a license is issued for a new establishment; (b) As part of a construction or remodeling plan review; (c) As part of a complaint investigation; or (d) At least once a year for a routine inspection. Subd2 Construction Inspections. The body art establishment shall be constructed in conformance with the approved plans. No building permit for a body art establishment or remodeling or alteration permit for such establishment may be issued until such plans have the approval of the Health Authority and the City of Richfield. The Health Authority shall inspect the body art establishment as frequently as necessary during the construction to ensure that the construction occurs in conformance with this Section. The Health Authority and the City 426048v1 MDT RC160-3 23 of Richfield shall conduct a final construction inspection prior to the start of operations and issuance of a license. Subd. 3. Access to Premises and Records. The o aerator of the bod art establishment shall, upon request of the Health Authority or Issuing Authority,and after proper identification,permit access to all parts of the establishment at any reasonable time,for the purpose of inspection. The operator shall allow review of any records necessary for the Health Authority or Issuing Authority to ascertain compliance to this Section. Subd. 4. Interference with the Health Authority. No person shall interfere with or hinder the Health Authority in the performance of its duties,or refuse to permit the Health Authority to make such inspections. Subd. 5. Removal and Correction of Violations. Operator(s)or technician(s)shall correct or remove each violation upon receipt of an inspection report giving notification of one or more violations of this Section in a reasonable length of time as determined by the Health Authority. The length of time for the correction or removal of each such violation shall be noted on the inspection report. Failure to remove or correct each violation within the time period noted on the inspection report shall constitute a separate violation of this Section.The Health Authority or the City of Richfield may issue orders to halt construction or remodeling,or to take corrective measures to ensure compliance with this Section. Subd. 6. Grounds for Emergency Closure. (a) Single Violations. If any of the following conditions exist,the operator(s) or technician(s)may be ordered to discontinue all operations of the body art establishment.Body art establishments shall only reopen with permission from the Health Authority and the City of Richfield. (1) Failure to possess a license or registration required by this Section; (2) Evidence of a sewage backup in an area of the establishment where body art activities are conducted; (3) Lack of potable,plumbed,hot or cold water to the extent that hand washing,or toilet facilities are not operational; (4) Lack of electricity or gas service to the extent that hand washing,lighting, or toilet facilities are not operational; (5) Significant damage to the body art establishment due to tornado,fire, flood,or other disasters; (6) Evidence of an infestation of rodents or other vermin; (7) Evidence of contamination,filthy conditions,untrained staff or poor personal hygiene; (8) Any time a public health nuisance exists; (9) Using instruments or jewelry that are not sterile; (10) Failure to maintain required records; (11) Failure to use gloves as required; (12) Failure to properly dispose of sharps,blood or body fluids,or blood or body fluid contaminated items; 426048v1 MDT RCI60-3 24 q - (13) Failure to report complaints of potential bloodbome pathogen transmission to the Health Authority; (14) Evidence of violations of subsection 630.01, subd. 4; or (15) Evidence of a positive spore test on the sterilizer or an inoperable sterilizer. Sec. 12. Subsection 630.19 is amended to read as follows: 630.19. Revocation Penalties and{Sanctions Subdivision 1. General Suspension or Revocation. The City Council may revoke the license or suspend a the license if the licensee submitted false information or omitted material information in the license process required. The City Council may also suspend or revoke a license for the violation of any provision or condition of this section or any other local law governing the same activity during the license period or any criminal law during the license period which adversely affects on the ability to honestly, safely, or lawfully conduct a body art establishment tattooing, body piercing, body branding or body painting business. Subd. 2. Notice. A revocation or suspension shall be preceded by written notice to the licensee and a hearing before the City Council. The notice shall give at least eight (8) days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice shall be mailed to the licensee at the most recent address listed on the application. Subd. 3. Criminal penalties. A violation of this Section shall be a misdemeanor or gross misdemeanor as defined under Minnesota law. Sec. 13. Subsection 630.21 is amended to read as follows: 630.21.Issuance o terns orar . . ' • ;J.'',ft: body art event license. Subdivision 1. A person may obtain a temporary license to conduct tattooing, body piercing, body branding or body painting The Issuing Authority may issue a temporary body art event license,provided that the following license requirements are met: (a) Duration of event. The event is no longer than four (4) continuous days. (b) Number of events. The same person or organization has had no more than four (4) body art tattooing, body piercing, body branding, body painting events in the same calendar year. (c) Security measures. The Director of Public Safety or designee has approved the security measures for the event. 426048v1 MDT RC 160-3 25 (d) Health inspection. The !- .. •- • . ' . . - .- _ - Health Authority has reviewed the health and sanitation measures for the event and has inspected each vendor space for the event. (e) Liability insurance. Liability insurance coverage of one million dollars ($1,000,000) has been obtained to cover the event or in the alternative each vendor has procured insurance to cover the vendor's operations at the event for professional liability in the practice of body art. The minimum limits of coverage for such insurance shall be: {1) Each claim, at least$200,000.00; (2) Each group of claims, at least $500,000.00. (f) A certificate of insurance shall be filed with the City. (g) The licensee must comply with the requirements at subsection 630.15(a), (c), (f), and subsection 630.17, subdivision 1. Subd. 2. Temporary application. The temporary license application shall request the following information: (a) The applicant's name and current address. (b) The applicant's current employer. (c) The applicant's addresses for the previous five (5) years. (d) The applicant's date of birth, home telephone number, weight, height, color of eyes, and color of hair. (e) Whether the applicant has ever used or been known by a name other than the applicant's name, and if so, the name or names and information concerning dates and places where used. (f) The location where the event will be conducted. (g) The number of body art tattoo, piercing, branding or painting booths that will be operational at the event. (h) The names and addresses of persons in charge of the event. (i) A list of names of body art technicians who will be working the event. Subd. 3. Background investigation. The Issuing Authority Department of Public Safety shall verify the information supplied on the temporary license application and shall investigate the background, including the current background of the applicant. Within seven (7) days of receipt of a complete application, the Issuing Authority -:. ---- - '- _. - shall grant or deny the application. An applicant who is denied a license shall have a right to appeal to the City Council. Sec. 14. A new subsection 630.23 is added to read as follows: 630.23. Severability. If any subsection, subdivision, paragraph, or clause of this Section is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Section. 426048v1 MDT RC 160-3 26 q Section 15. This ordinance will be effective , 2013. Adopted this day of July, 2013. By: Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 426048v1 MDT RC 160-3 27 c1 -aj RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. WHEREAS, the City has adopted the above referenced ordinance; and WHEREAS, the verbatim text of the ordinance 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 BILL NO. AN ORDINANCE AMENDING SECTION 630 OF TIIE CODE OF ORDINANCES RELATING TO TIN REGULATION OF BODY ART ESTABLISHMENTS On July 23, the Richfield City Council adopted an ordinance designated as Bill No. , the title of which is stated above. This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The purpose of the ordinance is to bring the City's licensing of body art (tattooing, body painting, body piercing, and body branding) establishments and technicians into compliance with state law. The ordinance also adopts health, safety and sanitation requirements that meet the requirements of the City's enforcement agency. Copies of the ordinance are available for public inspection in the office of the City Clerk during normal business hours or upon request by calling 612-861-9760 of the Community Development Division. Nancy Gibbs, City Clerk 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 23rd day of July, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 428011v1 MDT RC160-3 AGENDA SECTION: OTHER BUS. AGENDA ITEM# 10 REPORT# 146 STAFF REPORT RICHFIELD CITY COUNCIL MEETING JULY 23, 2013 REPORT PREPARED BY: STEVEN L. DEVICH CITY MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: d Efr. SIGNATURE OTHER DEPARTMENT REVIEW: 1 rnIn0 • la REVIEWED BY CITY MANAGER: i .. 410 ,. _. ' 4 " ITEM FOR COUNCIL CONSIDERATION: Consideration of the purchase of new Computer Aided Dispatch/Records Management software from LOGIS for the Richfield 911 Dispatch Center in the amount of approximately $382,000. I. RECOMMENDED ACTION: By Motion: Approve or reject the purchase of new 911 dispatch software for the City of Richfield from LOGIS. II. EXECUTIVE SUMMARY The City of Richfield must inform the LOGIS consortium on or before July 25, whether the City intends to purchase their new computer aided dispatch/records management (CAD/RM) software for Richfield's 911 Dispatch Center. While this approximately $382,000 purchasing decision is a "stand alone" decision for the present time, this Council action is the threshold decision as to whether the City of Richfield is to retain its own 911 dispatching operation or have Richfield dispatching provided through another entity. As Council Members are aware, the purchase of the new software would indicate that the City would intend to retain 911 dispatching and require a subsequent investment of$60,000 in the "Viper" phone system by the end of the year and another $400,000 in Next Gen 911 dispatching equipment by the end of 2015. 0723 LOGIS911 If the City Council does not approve the purchase of the new CAD/RM software from LOGIS, it will necessitate the closing of Richfield Dispatch by the end of 2014, at the latest, due to the viability and support of the software and equipment currently in use. Moreover, if the City Council decides not to retain dispatching service at Richfield, a decision to move to another provider should be made as quickly as possible. To that end, staff is recommending that the selection of an alternative service provider be made at the August 13, 2013 City Council meeting. This would allow for prompt planning for the future transition from Richfield to another entity. The City has three alternate dispatching options to consider if the decision is made to conclude dispatching operations in Richfield. Those include Hennepin County, the City of Bloomington and the City of Edina. A comparison of the costs and services of each of the three was provided as a part of Council Memo #57 issued on July 3, 2013. Subsequent to the July 9, 2013 City Council worksession, the City of Edina was contacted regarding the term of the proposed contract. The City of Edina indicated that there was no problem in proposing a longer contract term and would provide a four year option. Bloomington was also contacted regarding the price of their proposal and to ascertain if those costs could be reduced to a more manageable number. There was no opportunity to reduce the cost. III. BASIS OF RECOMMENDATION A. BACKGROUND • City staff has presented the City Council with information concerning the decisions to be made regarding the future of 911 dispatching for the City of Richfield. • The City faces a number of capital expenditures totaling in excess of $750,000 that would need to be made in order to retain dispatching services at Richfield. • Three alternate dispatching choices are available to the City if the City Council chooses not to retain local dispatching. • The first such capital purchase decision must be made by the City Council on July 23, 2013. B. POLICY • The decision to retain or outsource 911 dispatching services is a policy decision of the City Council. • While it is a City Council policy decision, it is the recommendation of the City Manager that the City not purchase the LOGIS software and ultimately outsource the dispatching function. C. CRITICAL TIMING ISSUES • A decision on the purchase of the LOGIS CAD/RM software must be made on July 23, 2013 so that the decision can immediately be given to LOGIS. D. FINANCIAL • The cost of the new CAD/RM software is estimated to be $382,000. • Purchase of this software would necessitate the purchase of additional capital equipment in an estimated range of$400,000-$450,000. • Purchase of this capital equipment would mean the continued annual expenditure of at least $680,000 (current cost) annually. E. LEGAL • The City has the legal right to purchase the equipment or to forego the purchase. F. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S) • None V. ATTACHMENTS • City Council Memo #57 VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None CITY OF RICHFIELD, MINNESOTA Office of City Manager July 3, 2013 Council Memorandum No. 57 The Honorable Mayor and Members of the City Council Subject: Future Dispatching Consideration Follow-up Council Members: On May 28, 2013 staff presented a study session regarding the future direction of 911 dispatching services for the City of Richfield. The primary reason for that discussion and the basis of urgency for a decision concerning the future of 911 dispatching, was the impending deadline for a decision by the City with respect to purchasing an updated Computer Aided Dispatch/Records Management software package from the LOGIS group. The estimated amount of that purchase is $382,000. In addition, if dispatching was to remain in Richfield there would be an additional requirement for updated hardware which would cost an estimated $400,000. Hennepin County indicated to staff and the City Council at the May 28 meeting that they would assume the dispatch duties for the City within its new communications center at no cost to the City, except for a one-time transition cost of up to $80,000. Since that meeting the City has received proposals for providing dispatch service to Richfield by the cities of Bloomington and Edina. A matrix comparing costs and benefits of the three options is attached to this memo. The remainder of this memo will attempt to address the procedural questions and concerns that have been voiced to staff regarding the potential move of our dispatching center (PSAP) to an outside facility. It is the staffs' belief that each of the three dispatch providers could provide a good, safe and responsive alternative to the costly option of continuing to maintain our own PSAP. However, the three proposals vary significantly in terms of costs, hiring our dispatchers and to a lesser extent, the level of service. The concerns expressed by Council Members during previous discussions regarding moving dispatch are as follows: What are the costs associated with Hennepin County, Bloomington, or Edina providing dispatch services for the City of Richfield. The City of Richfield has been advised by Hennepin County that there will be no charges associated with dispatching services to our city. There will be transition costs of $50,000 to $80,000 to migrate over. The City of Bloomington provided us with a quote for dispatching services. The summary of their quote is as follows: • Richfield will be charged $450,000 per year • Richfield will pay for the LOGIS upgrades regarding the Records Management, Squad Mobiles, and possibly a portion of CAD. This would be spread over a five year period at no interest. • Bloomington receives Richfield 911 fees. • Bloomington engages 7 of our 9 dispatchers. (Integration in the unit as to seniority will be determined by Bloomington HR rules and existing Labor agreement) for a period of 1 to 2 years with no layoffs. • Bloomington will monitor our facility. • 5 year agreement with a maximum 4 percent escalator. • Termination with a minimum 1 year notice-mutual agreement years 1 to 4 and unilateral starting the 4th year. The City of Edina also provided a quote to us for dispatching services. The summary of their quote is as follows: • Richfield will be charged $148,340 per year • Richfield will pay one-time costs of $48,600 for hardware, radio and 911 programming, license and software, training and management. • Edina receives Richfield's 911 fees. • Richfield maintains one CAD Resource Monitor • Richfield maintains "Hot Files" in house • Edina would not hire any of our dispatchers • Edina will monitor our facility. • 2 year agreement What is the turnover rate at the Hennepin County Sheriff's Office Communications Center as it relates to dispatchers and Command Staff? What protocols or people are in place to assure consistent delivery of services to the communities that they dispatch for? According to Major Darrell Huggett, there is a 12 percent turnover rate for Hennepin County telecommunicators. This is below the national turnover rate of 19 percent as reported by the Association of Public-Safety Communications Officials (APCO). As far as the turnover in commanders, the Sheriffs Office is consistent with other agencies in Hennepin County. The county is able to deliver a consistent level of service due to the Police and Fire Standard Operations Procedure Committee (Users of the System) and the Users Advisory Board (includes government representatives, council representatives, and other groups). These entities decide on how the county delivers services on a routine basis. This ensures consistent service whether changes occur in dispatchers or Command Staff. lb Richfield also has some issues with turnover. While the full time dispatcher positions are quite stable, the part-time positions turnover quite frequently. This turnover presents significant staff time needs and additional costs for the City (see attached memo on Richfield turnover). What is the current staffing and proposed staffing as it relates to 24/7 coverage at the police department. How will checks be run for officers such as warrants and criminal histories? Currently the front counter at the police department is staffed Monday to Friday, 8:00 am to 4:30 pm. After hours service is provided by a telephone in the police department lobby. The after hours telephone is answered by the dispatcher and after the service required has been determined; an officer or supervisor is dispatched to handle. The front lobby telephone can be routed to any of the outsourced PSAP's under consideration. The after-hours front counter service protocol would not be changed. If we contract for PSAP services, what will be the police officer procedures for running warrant and criminal history checks? All three PSAP's under consideration will provide the service of running warrant and criminal history checks. Officers also have the capability of running some of these checks on their Mobile Data Computers (MCD's) in the squads. Our dispatchers currently run criminal histories for officers upon request. Criminal histories are run through the Bureau of Criminal Apprehension, Portals System. Officers need to have a reason to run them and or they need to be associated with a case number of an arrest or an investigation. Dispatchers have to document specific codes for different types of criminal histories that are run. Criminal histories are usually run to determine the subject's prior history as it relates to enhanced criminal charges such as varying degrees of DWI or Domestic Assaults. Criminal histories are tracked by the Bureau of Criminal Apprehension and are audited bi-annually. We currently have five terminals in our department that can run criminal histories. Dispatch has three of them. The other two are located in the Records Supervisors office and in the Dispatch Supervisors office. Persons have to be certified in "Hot Files" to run criminal histories. If dispatch is migrated to one of the options listed several remedies could be developed so that officers would have their criminal histories if an arrest is made and the person is transported to jail. • Have Supervisors and/or Officers receive certification in "Hot Files" through Portals to run their own criminal histories. lb -4 • Have clerical staff and or detectives receive certification in "Hot Files" through Portals to run the criminal histories the next morning before charging takes place. • Have outsourced PSAP run the criminal history and provide the information to the officer via the radio. These are just proposed options at this time and would be further developed by a transition team if Richfield does not retain a PSAP. What will be the arrest/booking procedures and protocols as they relate to the current facility and if we migrate to either Hennepin County, Bloomington, or Edina? The Richfield detention area is classified by the Minnesota Department of Corrections (DOC) as a Class IV Facility. This means arrestees can be held in the Richfield holding cells for a maximum of 4 hours. For the majority of the arrests Richfield officers make, the arrestee is transported to the Richfield detention area. The officer fingerprints and photographs the arrestee, completes the required holding forms; then the arrestee is transported to Hennepin County Jail in Minneapolis. An exception to this procedure is when an arrestee is combative; the arrestee is transported directly to the Hennepin County Jail. The entire Richfield detention area, including the holding cells has a video and audio surveillance system called the Lenel Security System. When an officer has an arrestee in the detention area they are being monitored by the Richfield dispatcher. The dispatcher is able to summon additional help should an officer need assistance during the booking process. There are also three panic buttons located within the detention area that notify the dispatcher of the need for additional assistance. The Lenel system is a web based system that can be monitored from any location. Bloomington and Edina have advised us they would monitor the Lenel system in their PSAP similar to our current monitoring. The arrest protocols would not change. Hennepin County has advised us they will not monitor the Lenel system. The arrest protocols would change, some options under consideration; • Transport all arrestee's directly to Hennepin County Jail. The exception would be routine DWI arrests. • Require that two officers (or officer and supervisor), be present during all booking processes. Once again the exception would be routine DWI arrests. Finally, the holdings cells in the detention area are equipped with intercoms that are routed to the dispatcher. Once again, these intercoms can be answered at a remote location. 1 - 5 In summary, there are several issues to consider, including service levels to the City residents and staff, capital costs, ongoing costs and disposition of affected Richfield dispatchers. Moreover, the costs associated with this City services should also be viewed in the greater context of the mix of other City services and capital investments needs. If the City were to select an option which did not include the hiring of our current ' dispatchers, the City could look toward a meaningful severance and/or early retirement package for those employees who were not offered the opportunity for continued employment. If you have any further questions regarding this matter please let me know. • - -n Devi City Manager SLD:tjs Attachments Email: Department Directors Assistant City Manager CITY OF RICHFIELD Memorandum DATE: July 2, 2013 TO: Police Chief Todd Sandell FROM: Deputy Police Chief Jay Henthorne SUBJECT: Turn Over Rates and Hiring Costs in Dispatch from 2005 to 2012 The dispatch schedule is very intricate and requires the use of part-time dispatchers to function on a 2417, 365 day schedule. While the retention of our full-time employees has been consistent, with very little turnover the past twenty years, our part-time dispatcher position has become a revolving door since 2005. This situation has presented the City with several challenges. Because there are no longer any educational institutions that have a 911 dispatcher curriculum, hiring a part-time person to work as a dispatcher is very time-intensive, costly and challenging. The job of a dispatcher is very complicated. It requires an individual who can handle stress under pressure, be able to multi-task, and deliver quality service. The City focuses its hiring practices on trying to find dispatchers who have worked full- time with another department or as a dispatcher with either a cab company or emergency services provider. It is often a struggle to find quality employees. The City usually has to hire individuals who have a clerical background or background in computers, but who do not have dispatching experience. Given these challenges the City continues to find it difficult to hire part-time employees. For years the City used to have three part-time dispatchers on the schedule. With the challenges we faced above, the department was able to re-work the schedule to create another full-time position with only two part-time dispatchers. This gave the dispatch schedule some relief from having to rely on three part-time dispatchers. The addition of the full-time position cut down on overtime and scheduling conflicts. Since 2005, the department has lost seven part-time dispatchers. If you averaged the years of service the seven part-time dispatchers had it equaled five years. We have averaged losing a part-time dispatcher at one per year since 2005. (Date) Page 2 Jb -1 In 2011, due to the increasing demand to hire qualified dispatchers, we invested in a testing process called "Criti-Call." This is a computer based testing program that simulates the job of a police dispatcher. The testing requires the set up of laptop computers, headsets, and Information Technology (IT) support. The cost associated with purchasing the software, set up, and proctoring the examination was approximately $7,000. We found this product to be exemplary in testing the multi-tasking skills needed to be a dispatcher. The City hired one part-time dispatcher from the testing process, and this employee has proved herself to be a quality dispatcher. The hiring of a dispatcher is a very lengthy process. The process from start to finish usually takes approximately 90 days to complete. Furthermore, after being hired, each dispatcher then needs to be trained through a Field Training program for the next 12 to 16 weeks. The dispatcher is paid for working during their training. A veteran dispatcher will act as the trainer for the new employee. After the completion of training, the new dispatcher is only then qualified to be used as a second chair in Dispatch. It is usually four more weeks before a new dispatcher can be relied upon to dispatch alone. Under the terms of the Dispatcher's collective bargaining agreement, the veteran dispatcher is paid additional pay for training a new dispatcher. The monetary amount they receive is $1.85 per hour spent training. On average, it costs the department $1,000 dollars to train a new dispatcher during the 12 to 16 weeks. Since the City has lost seven dispatchers in the last seven to eight years, that translates into $7,000 in training costs that are not recouped. Total Costs for the Last Seven Years for Recruiting, Hiring, and Training: Recruitment: Time by staff to advertise and sort applications $1,500 Hiring Process: "Criti-Call" purchase, setup by IT, Proctor exam $7,000 Training: Field Training Program, Training Pay $8,000 Total: $16,500 I b 'S Quote Comparison for Having Richfield Dispatch Outsourced Richfield Bloomington Edina IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Cost Per Year $680,000 $450,000 $148,340 Free Transition Costs N/A $50,000 $48,600 $50,000 to$80,000 Hire Our Dispatchers N/A Yes, 7 dispatchers pending backgrounds No Yes, all of them pending backgrounds Some turnover due to retirements/people Some turnover due to retirements/people Turnover rate (19% APCO Average) Full-Time no, Part-Time 7 in 7 years 100% leaving leaving 12 percent as reported by the County 5 year agreement/Upto 4 percent escalator Contract LELS each year 2 years None RMS Software Pay LOGIS Share of new software Pay LOGIS Share of new software Stay with LOGIS or find a new vendor Stay will LOGIS or find a new vendor CAD Software Pay LOGIS Share of new software Pay LOGIS Share of new software Transition to Sungard OSSI software County Provided MCD Software Pay LOGIS Share of new software Pay LOGIS Share of new software Transition to Sungard OSSI software County Provided Shared TG/will move to own on Critical Shared TG/keep Critical incident on main Shared TG/will move to own on Critical Talkgroup Assignment Have our own assigned Fleet Map Incident TG and move Incident Other traffic to another TG Monitor Jail Facility Monitor our own Will monitor Will monitor Will not monitor 911 Fees We Receive$45,000 Transferred to Bloomington Transferred to Edina Transferred to County Remain in house/can have Bloomington "Hot Files" 5 Terminals in house run Remain in house Remain in house Transition Timeline N/A 1st Quarter of 2014/Negotiable (4-6 Months) 1st Quarter of 2014 4th Quarter of 2014 $382,500 for LOGIS and$328,000 Future Capital Outlay Motorola Spread over term of the contract If not budgeted, pay pro-rated amount Not assessed $60,000 Viper Call Taker software upgrade