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081313completeagenda CITY OF RICHFIELD, MINNESOTA TUESDAY, AUGUST 13, 2013 SPECIAL CITY COUNCIL MEETING BABCOCK ROOM 6:45 P.M. AGENDA Call to order Roll call 1. Interview of persons interested in serving on City advisory commissions (Council Memo No. 69) 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 23, 2013; and (2) Regular City Council Meeting of July 23, 2013 PRESENTATION 1. Presentation by Lisa Brodsky, Bloomington Public Health, regarding the Public Health Emergency Preparedness Heat Plan (Council Memo No. 70) COUNCIL DISCUSSION 2. Council discussion • Hats Off to Hometown Hits Notes: AGENDA APPROVAL 3. Council approval of the agenda CONSENT CALENDAR 4. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action on these items is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of cancelling the public hearing regarding a revised plat for the area at the northwest corner of 66th Street and Richfield Parkway S.R. No. 147 B. Consideration of approval of continuing the public hearing regarding a resolution authorizing the City of Richfield to seek a $200,000 Minnesota Investment Fund loan from the MN Department of Employment and Economic Development to assist Solera Corporation in locating in Richfield S.R .No. 148 C. Consideration of approval of the resolutions pertaining to the annual Lyndale/HUB/Nicollet (LHN) maintenance assessment process and scheduling a public hearing for September 10, 2013 S.R. No. 149 D. Consideration of approval of the resolutions pertaining to the annual 77th Street maintenance district assessment process and scheduling a public hearing for September 10, 2013 S.R. No. 150 E. Consideration of approval of the resolution declaring the costs to be assessed for the removal of diseased trees from private property for work ordered in 2012 and scheduling a public hearing for September 10, 2013 S.R. No. 151 F. Consideration of approval of the purchase of a Toro Groundsmaster 5900 mower for use by the Park Maintenance Division from MTI Distributing for $81,660.44 plus tax S.R. No. 152 G. Consideration of approval of the agreement with JBB Properties, LLC relating to the annual inspection and maintenance of the sump manhole at 800 66th Street West S.R. No. 153 H. Consideration of approval of a temporary on-sale intoxicating liquor license for the Church of the Assumption, 305 East 77t Street, for their annual Fun Fiesta on August 18, 2013 S.R. No. 154 I. Consideration of approval of a temporary on-sale intoxicating liquor license for the Church of St. Peter, 6730 Nicollet Avenue, for their annual Pig Roast event on August 17, 2013 S.R. No. 155 J. Consideration of approval of a request to purchase the Records Management System (RMS) software from LOGIS for the Police Department S.R. No. 156 K. Consideration of approval of a resolution accepting a donation of two Police Canine safety vests from Vested Interest in K-9's, Inc. S.R. No. 157 L. Consideration of approval of the first reading of an ordinance amending Section 840 of the Code of Ordinances relating to the sale and consumption of beer in public parks and schedule the second reading on August 28, 2013 S.R. No. 158 Notes: 5. Consideration of item(s), if any, removed from Consent Calendar Notes: PROPOSED ORDINANCE 6. Consideration of the first reading of an ordinance related to street light banners and approval to allow Penn Central of Richfield to move forward with a decorative banner permit application following the first reading of the ordinance, with issuance of the permit following the second reading of the ordinance Staff Report No. 159 Notes: RESOLUTION 7. Consideration of a resolution granting a site plan approval for an adult day care serving up to 29 persons at 6722 Penn Avenue Staff Report No. 160 Notes: OTHER BUSINESS 8. Consideration of the selection of a 911 dispatch service provider for the City of Richfield Staff Report No. 161 Notes: 9. Consideration of rejecting the bid submitted for the Federal Bikeways Project and approve postponement of the West Connection Route construction and rebid the East Connection Route construction only Staff Report No. 162 Notes: 10.Consideration of appointments to the City advisory commissions Staff Report No. 163 Notes: CITY MANAGER'S REPORT 11.City Manager's Report • Recognition of Tim Bornholdt, Video Production Assistant 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 August 8, 2013 Council Memorandum No. 69 The Honorable Mayor and Members of the City Council City of Richfield Subject: Advisory Commission Interviews (Agenda Item No. 1) Council Members: In January 2013, the City Council made several appointments to the various City advisory commissions. However, some vacancies remain. Applications continue to be accepted. Three applications were received and interviews have been scheduled (see attached). The City Council is scheduled to interview the applicants on Tuesday, August 13, 2013 at 6:45 p.m. in the Babcock Room. Approval of the commission appointments is scheduled for the August 13, 2013 Regular City Council meeting. Ple.se contact me if you have any questions. vied Ily submitted e . -v- . 'evic City anager SLD:cak Attachments E-mail: Department Directors w/o attachments Assistant City Manager w/o attachments 7:36 AM 08/05/13 COMMISSION VACANCIES Term Expires ARTS COMMISSION January 31, 2014 January 31, 2014 January 31, 2015 January 31, 2015 January 31, 2016 January 31, 2016 January 31, 2016 FRIENDSHIP CITY COMMISSION January 31, 2014 January 31, 2014 January 31, 2015 January 31, 2015 January 31, 2015 January 31, 2016 YOUTH COMMISSION VACANCIES HUMAN RIGHTS COMMISSION August 31, 2014 FRIENDSHIP CITY COMMISSION August 31, 2014 Vacancies2011 CITY COUNCIL MINUTES Richfield, Minnesota '� rk b ' Special City Council Worksession s July 23, 2013 CALL TO ORDER The meeting was called to order by Mayor Goettel at 5:45 p.m. in the Heredia Conference Room. ROLL CALL Council Members Debbie Goettel, Mayor; Pat Elliott; Edwina Garcia; Sue Sandahl; and Tom Present: Fitzhenry. Staff Present:: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Pam Dmytrenko, Assistant City Manager; Jeff Pearson, Transportation Engineer; and Cheryl Krumholz, Executive Coordinator. Item # I DISCUSSION REGARDING ORANGE LINE-BRT (COUNCIL MEMO NO. 63) Christina Morrison and Charles Carlson, Metro Transit, presented Orange Line-BRT providing an update on the I-35W Bus Rapid Transit project now in planning stages. Transportation Engineer Pearson stated that this presentation was an initial overview and more information will be coming later this fall. Item #2 DISCUSSION REGARDING THE THREE RIVERS PARK DISTRICT REGIONAL TRAIL NAMING (COUNCIL MEMO NO. 63) Transportation Engineer Pearson gave a presentation regarding Three Rivers Park District Intercity Regional Trail naming policy. He stated Three Rivers Park District is seeking input on potential names for the trail that is currently identified as the Intercity Regional Trail. The City Council came to a consensus of their top two name suggestions: Cedar Avenue Corridor Regional Trail and Bartholomew Regional Trail. David Gepner, resident, requested that the City Council increase their efforts in having Three Rivers Park District rename the Nine Mile Creek Trail through Richfield to help promote it and make it more familiar to everyone in the area. The City Council requested a letter be sent to Three Rivers Park District asking them to install signage and informational kiosks along the completed Nine Mile Creek Trail. Special Worksession Minutes -2- July 23, 2013 ADJOURNMENT The meeting was adjourned by unanimous consent at 6:48 p.m. Date Approved: August 13, 2013 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota ge,64#eed Re ular Meetin g Meeting July 23, 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; Mike Eastling, Public Works Director; Todd Sandell, Public Safety Director; Wayne Kewitsch, Fire Service Director; Chris Regis, Finance Manager; Karen Barton, Acting Community Development Director; Jay Henthorne, Deputy Public Safety Director; Mike Dobesh, Assistant Fire Chief; Nancy Gibbs, City Clerk; Mary Tietjen, City Attorney; and Cheryl Krumholz, Executive Coordinator. OPEN FORUM None. PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Fitzhenry, S/Sandahl to approve the minutes of(1) Special City Council Worksession of July 9, 2013; and (2) Regular City Council Meeting of July 9,2013. Motion carried 5-0. Item #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 Council Meeting Minutes -2- July 23,2013 Hennepin County Sheriff Rich Stanek presented an award of merit to Richfield Police Officer Orlando Zabala for events on December 18, 2012. Sheriff Stanek made a PowerPoint presentation regarding an update of county-wide strategic initiatives. Item #2 PRESENTATION BY DAVID GEPNER—THREE RIVERS PARK DISTRICT AND PENN FEST David Gepner made a presentation regarding the Open Streets at Penn Fest event on Sunday, September 15 from noon —5 p.m. Mr. Gepner did not give a presentation regarding the Three Rivers Park District. Item #3 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS Council Member Elliott stated that volunteers are still needed for Open Streets at Penn Fest. Council Member Sandahl reported on the Urban Wildland Half Marathon and 5K on August 3, 2013. Council Member Sandahl announced Night to Unite on August 6, 2013. Council Member Sandahl suggested the Council send a letter to the Three Rivers Park District requesting recognition of the trail and upgrades along 76th Street. Council Member Fitzhenry provided a Noise Oversight Committee update. Item #4 COUNCIL APPROVAL OF AGENDA M/Garcia, S/Fitzhenry to approve the agenda. Motion carried 5-0. Item #5 CONSENT CALENDAR 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 Council Meeting Minutes -3- July 23,2013 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 RESOLUTION NO. 10816 RESOLUTION ESTABLISHING AN UPDATED AMENDED POST EMPLOYMENT HEALTH CARE SAVINGS PLAN FOR MANAGEMENT EMPLOYEES This resolution appears as Resolution No. 10816. 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 RESOLUTION NO. 10817 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 This resolution appears as Resolution No. 10817. M/Goettel, S/Garcia to approve the Consent Calendar. Motion carried 5-0. Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Item #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 S.R. NO. 143 Council Member Elliott presented Staff Report No. 143. M/Elliott, S/Sandahl to close public hearing. Motion carried 5-0. M/Elliott, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10818 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) Motion carried 5-0. This resolution appears as Resolution No. 10818. Council Meeting Minutes -4- July 23,2013 Item #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) S.R. NO. 144 Council Member Sandahl presented Staff Report No. 144. M/Sandahl, S/Goettel to close public hearing. Motion carried 5-0. M/Sandahl, S/Elliott that this constitutes the second reading of Bill No. 2013-14, Transitory Ordinance No. 18.90 vacating public sewer easements at 6400 Lyndale Avenue, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #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 S.R. NO. 145 Council Member Garcia presented Staff Report No. 145. M/Garcia, S/Sandahl that this constitutes the second reading of Bill No. 2013-15 amending Section 630 of the Richfield City Code relating to the regulation of body art establishments, that it be published in the official newspaper and that it be made part of these minutes and that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10819 RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. 2013-15 Motion carried 5-0. This resolution appears as Resolution No. 10819. Item #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 S.R. NO. 146 Mayor Goettel presented Staff Report No. 146 Mayor Goettel thanked the public for their input on this matter. Council Member Fitzhenry stated that he decided to support the continuation of dispatch services in Richfield when the decision was made to build the dispatch center in the new municipal center over three years ago. Council Member Garcia agreed with the statement by Council Member Fitzhenry but noted that the fiduciary responsibilities facing the City are just the reality of the situation. Council Member Elliott stated he appreciated the professional and articulate input of everybody involved in the situation. He continued that looking at capital expenditures of the next Council Meeting Minutes -5- July 23,2013 three to five years, the City needs to explore other alternatives with regards to dispatching services. Council Member Sandahl stated that this is not a new issue and it will continue to be an issue with technology changing very rapidly. She believes that Richfield dispatching provides excellence service to the community. Council Member Sandahl continued that other dispatching services will be different but they will also provide fine service to the residents of Richfield. Mayor Goettel agreed with Council Member Sandahl that this issue will keep coming up in the future. Mayor Goettel continued that she believes more cities are beginning to realize that partnerships are needed for dispatching services. M/Goettel, S/Garcia to reject purchase of new Computer Aided Dispatch/Records Management software from LOGIS for the Richfield 911 Dispatch Center in the amount of approximately $382,000. Motion carried 4-1. (Fitzhenry opposed) Item #11 CITY MANAGER'S REPORT City Manager Devich stated the decision related to the dispatch center was the hardest in his tenure as City Manager. Council Member Garcia requested possible consideration of Police dispatching going to Bloomington and Fire dispatching to Edina. City Manager Devich responded that option would be reviewed. Council Member Elliott questioned the cost in the Edina proposal due to the disparity in population between Richfield and Golden Valley. City Manager Devich stated the Edina proposal is firm. City Manager Devich asked the City Council to be diligent in their research for the future of dispatching services. A decision needs to be made soon so that this issue can have some closure. Item #12 CLAIMS AND PAYROLLS M/Fitzhenry, S/Elliott that the following claims and payrolls be approved: U.S Bank 07/23/13 A/P Checks: 223514 - 223814 $ 1,555,422.67 Payroll: 94092 — 94465 $ 641,708.69 TOTAL $ 2,197,131.36 Motion carried 5-0. OPEN FORUM None. ADJOURNMENT Council Meeting Minutes -6- July 23,2013 The City Council meeting was adjourned by unanimous consent at 8:10 p.m. Date Approved: August 13, 2013 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY OF RICHFIELD, MINNESOTA Office of City Manager August 8, 2013 Council Memorandum No. 70 The Honorable Mayor and Members of the City Council Subject: Public Health Emergency Preparedness Heat Plan (Agenda Item No. 1) Council Members: The City of Richfield has had a 36 year contractual relationship with the Public Health Division of the City of Bloomington for the provision of public health nursing services in the community. Additionally, Richfield has also had a separate contract with Bloomington as it relates to Public Health Emergency Preparedness for 10+ years. In both cases, subsidy dollars are received via the Minnesota Department of Health and utilized in partially paying the contracts we have with Bloomington for those services. This has been and continues to be a great and effective working relationship. Minnesota is getting hotter and more humid, which may increase the number of extreme heat events. These events are a significant threat to public health and can cause a number of health-related problems, including an increase in death and illness. Over the past ten years, extreme heat events have claimed more lives on average than any other severe weather event. Extreme heat can affect air and water quality and can lead to increases in vector borne diseases such as Lyme disease, West Nile virus and encephalitis. Yet, almost all of the negative health outcomes from extreme heat can be prevented by taking appropriate measures to ensure that the public stays cool and hydrated during an extreme heat event. Heat response plans have been shown to be effective in reducing heat-related mortality. Bloomington Public Health (BPH) has been actively working on developing a heat response plan for Richfield that includes the following elements: identification of a lead agency responsible for the response plan; defined roles and activities of agencies and organizations; a communications plan for community heat-related information to partners and the public; identification of vulnerable persons, and strategies for response. As one of the lead response agencies, BPH created maps to identify the most vulnerable populations in the community and where the populations reside, so that appropriate preventative actions and strategies for these populations can be determined before an extreme heat event. More recently, mapping was also done to identify 15-34 year olds in the community as data indicated that they were also at risk of adverse outcomes related to heat. In 2012, BPH responded to the extreme heat, in partnership with Richfield Public Safety. Activities included: • Dissemination of information related to heat related illnesses to community organizations and facilities with concentrations of high risk individuals. • Identification of buildings with air conditioning as public cooling centers. • Provision of water at public places (Summer Fete, 4th of July Parade) • Outreach to vulnerable populations. Both Richfield and Bloomington public health staff want the City Council and residents to be aware of the existence of these plans and the work that is being done in this area to protect the welling being of our residents. R •ectf Ily submitte•, r . = L. Devi h City Manager SLD:bao Email: Department Directors Assistant to City Manager AGENDA SECTION: CONSENT AGENDA ITEM# 4A REPORT# 147 medal STAFF REPORT RICHFIELD CITY COUNCIL MEETING AUGUST 13, 2013 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER -AME,TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE OTHER DEPARTMENT REVIEW: J/( !Wig/ • REVIEWED BY CITY MANAGER: / ITEM FOR COUNCIL CONSIDERATION: Cancellation of a public hearing regarding a revised plat for the area at the northwest corner of 66th Street and Richfield Parkway. I. RECOMMENDED ACTION: By Motion: Cancel the public hearing to consider a preliminary and final plat for Lots 1, 2 and 3, Block 2, Cedar Point Commons. II. EXECUTIVE SUMMARY In conjunction with their application requesting a major amendment to the approved Cedar Point Commons Planned Unit Development (PUD), Ryan Companies (Ryan) had proposed to replat the vacant land at the northwest corner of 66th Street and Richfield Parkway. On Friday, August 2, 2013 Ryan and McDonald's submitted a written request to withdraw their current application for a PUD amendment. The co- applicants have indicated that they plan to submit a new application and revised plans based on staff and Planning Commission comments. A revised plat application will be considered alongside this new application. These applications are anticipated to come before the Council in either late September or early October. III. BASIS OF RECOMMENDATION 081313 - Cancel PH Cedar Pt Commons Plat A. BACKGROUND • A public hearing to consider a major amendment to the approved Cedar Point Commons PUD was held before the Planning Commission on June 24, 2013. • The Planning Commission recommended denial of McDonald's (6-1, Vizecky dissenting). • The proposed PUD amendment and consideration of a plat for the property in question was originally scheduled for July 9, 2013. The applicant requested postponement of the consideration of the PUD amendment and continuation of the public hearing regarding the plat application. B. POLICY • Notice of this public hearing was published in accordance with City and State requirements. The public hearing must be cancelled. C. CRITICAL TIMING ISSUES • The applicant has requested withdrawal of all applications thereby removing any timing constraints. D. FINANCIAL • N/A E. LEGAL • N/A F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • N/A V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A AGENDA SECTION: CONSENT AGENDA ITEM# 4B REPORT# 148 STAFF REPORT RICHFIELD CITY COUNCIL MEETING AUGUST 13, 2013 REPORT PREPARED BY: CHRISTINE COSTELLO, ECONOMIC DEVELOPMENT COORDINATOR \ NAME,TITLE DEPARTMENT DIRECTOR REVIEW: -- ' �- At SIGNATURE OTHER DEPARTMENT REVIEW: t JJf D , p REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Continue the public hearing to consider a resolution authorizing the City of Richfield to seek a $200,000 Minnesota Investment Fund loan from the MN Department of Employment and Economic Development to assist Solera Corporation in locating in Richfield. I. RECOMMENDED ACTION: By Motion: Continue the public hearing to consider a resolution authorizing the City of Richfield to seek a $200,000 Minnesota Investment Fund loan from the MN Department of Employment and Economic Development to assist Solera Corporation in locating in Richfield. II. EXECUTIVE SUMMARY The State of Minnesota, through the Department of Employment and Economic Development (DEED), provides for revolving loan programs to certain businesses in Minnesota. These loans are generally intended to provide "seed" money for new businesses in Minnesota which will in turn, provide new higher paying jobs in the State. Under this revolving loan program the funds from DEED cannot be provided directly to the business entity. Instead, the funds are provided to the City in which the business is to be established pursuant to a grant agreement between the City and DEED. The City then loans the money to the business pursuant a loan agreement and one or more security agreements. 081313-Continue PH DEED Loan to Solera DEED and Greater MSP have approached the City of Richfield and requested that the City serve as the loan agent for Solera Corporation (Solera). The request for Richfield to act as the loan agent is essentially the same as what was requested and approved for Pinnacle Airlines Corporation in June. Solera is requesting a $200,000 loan from DEED for IT and equipment costs associated with having a centrally located worksite for the company. They will be located on one floor in the Best Buy Campus. Lease negotiations at the Best Buy Campus were expected to be completed at the time of the August City Council meeting, but negotiations have taken longer than expected and Solera has requested that the public hearing be continued to the September 10th City Council meeting. III. BASIS OF RECOMMENDATION A. BACKGROUND • Solera is an automotive insurance claims company which was created in 2005. • Solera does business in over 60 countries handling claims for insurance companies, body-shops and independent assessors. • Solera provides services to more than 55,000 customers, which includes more than 900 automobile insurance carriers, 33,000 collision repair facilities, 7,000 independent assessors, and 3,000 automotive recyclers. Solera is also in the top 10 largest automobile insurance companies in North America and Europe. • Solera recently acquired two software/accounting services companies; Explore Information Services in Eagan and Audatex in Plymouth. The acquired companies will be known as AudaExplore. • Solera is planning to consolidate the AudaExplore workforce into one building; after an exhaustive search they chose to locate on one floor (56,000 square feet) at the Best Buy Campus. • AudaExplore will retain the current workforce (120 positions) and over the next two years to add an additional 40 employees. • The positions at AudaExplore will be high quality, high paying jobs. B. POLICY • The DEED funds must be administered through a political subdivision of the State. • Richfield will act as the loan agent for the $200,000 loan to Solera. • The State of Minnesota requires official City Council action in the form of a formal application, public hearing and adoption of a resolution to be submitted to DEED for this process. • The loan of funds from the City to Solera is a business subsidy and a public hearing is required under Minn. Stat. Section 116J.993 — 116J.995 (the "Business Subsidy Act"). C. CRITICAL TIMING ISSUES • The application for the funding to Solera through the City of Richfield has been completed. • A local public hearing must be held prior to the adoption of a resolution, submission of the application to DEED, and the provision of the loan to Solera. • Proper notice of Public Hearing was published in accordance to law. • The relocated positions and new jobs that would be created in the future will be located within the community and be potential customers of Richfield businesses and potential Richfield homeowners. D. FINANCIAL • No City funds will be used to fund the loan to Solera. Administration of the loan is expected to involve minimal staff time. E. LEGAL • Notice of this public hearing has been published in the Sun Current newspaper in accordance with notification requirements. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The City could decide not to act as the fiscal agent in this matter. V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A AGENDA SECTION: CONSENT AGENDA ITEM# 4C REPORT# 149 =AM STAFF REPORT RICHFIELD CITY COUNCIL MEETING AUGUST 13, 2013 REPORT PREPARED BY: CHRIS LINK, OPERATIONS SUPERINTENDENT NAME,TITLE DEPARTMENT DIRECTOR REVIEW: ()Ay( TURE OTHER DEPARTMENT REVIEW: N/' SIGNAT I/T REVIEWED BY CITY MANAGER: ,A h ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolutions pertaining to the annual Lyndale/HUB/Nicollet (LHN) maintenance assessment process. I. RECOMMENDED ACTION: By Motion: 1. Adopt the attached resolution declaring costs to be assessed and ordering preparation of the proposed assessment roll for 2012 Lyndale/HUB/Nicollet (LHN) Maintenance and schedule a public hearing for September 10, 2013. 2. Adopt the attached resolution proposing a similar assessment process to be implemented for 2014 and schedule a public hearing for September 10, 2013. II. EXECUTIVE SUMMARY The Lyndale/HUB/Nicollet (LHN) maintenance assessment was established to recover extraordinary maintenance expenses in the LHN area in 1981. The extraordinary services include irrigation, weeding and mowing of landscaped areas. The LHN Redevelopment Area is approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue. Staff is recommending the City Council: 1. Approve resolution declaring the 2012 assessment costs and order the preparation of the proposed assessment for 2012. 2. Schedule public hearing for September 10, 2013 for proposed assessments. 3. Approve resolution proposing a similar assessment process for 2014. 4. Schedule public hearing for September 10, 2013 for similar assessment process. III. BASIS OF RECOMMENDATION A. BACKGROUND • City staff has determined actual costs of current services to be assessed for the 2012 maintenance of this area to be $32,244.51, and the estimated cost for 2014 maintenance to be $50,000. • Fluctuations in expenditures for maintenance of LHN are caused by a number of factors. Weather determines water usage and irrigation costs; street light knockdowns are never foreseeable and very expensive; and the need to paint streetlights and repair concrete varies from year to year. B. POLICY • Section 825 of the City Code indicates "current services" mean one or more of the following: (a) snow, ice, or rubbish removal from sidewalks; (b) weed elimination from streets or private property; (c) removal or elimination of public health or safety hazards from private property, excluding any structure included under the provisions of Minnesota Statutes, sections 463.15 to 463.26; (d) installation or repair of water service lines; (e) street sprinkling, sweeping, or other dust treatment of streets; (f) the trimming and care of trees and the removal of unsound trees from any street; (g) the treatment and removal of insect-infested or diseased trees on private property; (h) the repair of sidewalks and alleys; (i) the operation of a street lighting system; (j) the maintenance of landscaped areas, decorative parks and other public amenities on or adjacent to street right-of-way; and (k) snow removal and other maintenance of streets in commercial redevelopment areas. • Council ordered the work, and the work is done for 2012. • Council needs to order the work for 2014. C. CRITICAL TIMING ISSUES • On or before September 1 of each year, the City shall list the total unpaid charges for current services against each separate lot or parcel to which they are attributable under section 825 of the City Code. D. FINANCIAL • Estimated and actual costs for the LHN maintenance services from 2002-2012 are: Year Estimated Actual 2002 $50,000 $35,136.62 2003 $50,000 $37,785.67 2004 $50,000 $44,031.39 2005 $50,000 $45,385.31 2006 $50,000 $45,648.56 2007 $50,000 $51,605.29 2008 $50,000 $49,999.99 2009 $50,000 $49,747.02 2010 $50,000 $32,459.40 2011 $50,000 $39,090.87 2012 $50,000 $32,244.51 E. LEGAL • Section 825, Subd. 2 states that "the City Clerk, under the Council's direction, shall publish notice that the Council will meet to consider the undertaking of current services and levying of special assessments to pay costs thereof." F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Council may make any changes to the assessment roll as deemed necessary after the public hearing. V. ATTACHMENTS • Resolution declaring costs to be assessed and ordering preparation of the proposed assessment roll for 2011 LHN Maintenance. • Resolution proposing to specially assess the costs of current services for 2014. • Graphic VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None LfC- � RESOLUTION NO. RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD JANUARY 1, 2012 THROUGH DECEMBER 31, 2012 WHEREAS, costs have been determined for the maintenance of the Lyndale/Hub/Nicollet (LHN) Redevelopment Area which is approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue in the City of Richfield and the expenses incurred or to be incurred for such maintenance amount to $32,244.51 for the period of January 1, 2012 through December 31, 2012. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The portion of the cost to be assessed against benefited property owners is declared to be $32,244.51. 2. The City Clerk shall forthwith calculate the proper amount to be specially assessed for such maintenance against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in his office for public inspection. 3. The City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. 4. A hearing shall be held on the 10th day of September, 2013, in the Council Chambers of the City Hall at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda to pass upon such proposed assessment and at such time and place all persons owning property affected by said maintenance assessment will be given an opportunity to be heard in reference to such assessment. 5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the maintenance. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing Adopted by the City Council of the City of Richfield, Minnesota this 13th day of August, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 14C - d' RESOLUTION NO. RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE LYNDALE/HUB/NICOLLET (LHN) PROJECT AREA FOR THE PERIOD JANUARY 1, 2014 THROUGH DECEMBER 31, 2014. BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. There is hereby established a special assessment district, the boundaries of which are conterminous with the Lyndale/Hub/Nicollet (LHN) Redevelopment Project Area, for the purposes of assessing for current services provided by the City. 2. The following current services of the City are hereby proposed to be undertaken by the City in the district, with the costs of such services to be specially assessed against benefited property within the district: • Snow, ice or rubbish removal; • Weed elimination; • Elimination or removal of public health or safety hazards from private property, excluding any structure included under the provisions of Minnesota Statutes Section 463.15 to 463.26; • Installation or repair of water service lines; • Street sprinkling or other dust treatment of streets; • Trimming and care of trees and the removal of unsound trees; • Repair of sidewalks, crosswalks, and other pedestrian walkways; • Operation of the street lighting system; • Maintenance of landscaped areas and other public amenities on or adjacent to street right-of-way; • Maintenance of Civic Plaza; • Snow removal and other maintenance of streets; • Painting and repair of wood furniture; • General maintenance, including repairs and replacement. 3. The area proposed to be specially assessed for such current services consists of every assessable lot and parcel of land within the district. It is proposed that special assessments on commercial property be made on the basis of the area with each square foot of assessable commercial property within the district being assessed an equal amount for maintenance of common area. Exempt from the special assessment levy shall be all single family, two-family, multiple family residential property within the LHN redevelopment district. Special maintenance of individual commercial properties shall be assessed directly for costs incurred in performing said maintenance to said property. 4. The City Clerk is authorized and directed to give public notice of a hearing by this Council at which the Council will consider the undertaking of such current services and the levying of special assessments to bear the costs thereof. The City Clerk shall also give mailed and published notice of such hearing as required by law. Such hearing shall be held on Tuesday, September 10th, 2013, commencing at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda. 5. It is hereby proposed that the project consist of the costs of the aforementioned services for the period of January 1, 2014 through December 31, 2014. The estimated cost of providing all the aforementioned current services during that period is $50,000. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of August, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk N LHN MAINTENANCE DISTRICT W ..;,,!E S ji - ) } Vlllll 3imri31�--"--_' '- ---i --_- --.�. PARK `� `� z Q w ¢ ¢ Q > w I a a Q 64TH ST W ) Mal )ce Illir H Iii J O m 2 Richfield Lake E/ r. ."--H ST W dr. _ L s` i c 05�s :}, 'i' illr r ��"ir e . 66TH ST W (CO RD NO 53) _ iiik _■ CIRCLE P ACADEMY OF LL L HOLY ANGELS 14 ` 67�I ITE_ W•. `� Legend WOOD LAKE `, S NATURE CENTER • •hBOBPL LHN MAINTENANCE DISTRICT _= I rill A.)vuil Feet !:141 ,3!..212.5 425 850 1,275 1,700 AGENDA SECTION: CONSENT AGENDA ITEM# 4D REPORT# 150 =AM STAFF REPORT RICHFIELD CITY COUNCIL MEETING AUGUST 13, 2013 REPORT PREPARED BY: CHRIS LINK, OPERATIONS SUPERINTENDENT NAME,TITLE DEPARTMENT DIRECTOR REVIEW: � OTHER DEPARTMENT REVIEW: [J N/4 REVIEWED BY CITY MANAGER: A A ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolutions pertaining to the annual 77th Street maintenance district assessment process. I. RECOMMENDED ACTION: By Motion: 1. Adopt the attached resolution proposing to assess commercial properties in the 77th Street assessment district for costs incurred to maintain the area for 2012 and schedule a public hearing for September 10, 2013. 2. Adopt the attached resolution proposing a similar assessment process to be implemented for 2014 and schedule a public hearing for September 10, 2013. II. EXECUTIVE SUMMARY Since the 1988, the City has been performing special, high-quality maintenance along the 77th Street redevelopment area between 1-35W and Cedar Avenue. The special maintenance services include irrigation, weeding and mowing of the landscaping on both sides of the 77th Street wall. The maintenance functions, known as current services, are funded through the maintenance assessment on the 77th Street businesses 08131377thStAssess Staff is recommending the City Council: 1. Approve resolution declaring the 2012 assessment costs and order the preparation of the proposed assessment for 2012. 2. Schedule public hearing for September 10, 2013 for proposed assessments. 3. Approve resolution proposing a similar assessment process for 2014. 4. Schedule public hearing for September 10, 2013 for similar assessment process. III. BASIS OF RECOMMENDATION A. BACKGROUND • City staff has determined actual costs of current services to be assessed for the 2012 maintenance of this area to be $78,286.46, and estimate the cost for 2014 maintenance to be $80,000. • Fluctuations in expenditures for maintenance of the 77th Street Redevelopment area are caused by a number of factors: o Weather determines water usage and irrigation costs o Street light knockdowns are not foreseeable and very expensive o The need to paint streetlights o Concrete repair varies from year to year. B. POLICY • Section 825 of the City Code indicates "current services" mean one or more of the following: (a) snow, ice, or rubbish removal from sidewalks; (b) weed elimination from streets or private property; (c) removal or elimination of public health or safety hazards from private property, excluding any structure included under the provisions of Minnesota Statutes, sections 463.15 to 463.26; (d) installation or repair of water service lines; (e) street sprinkling, sweeping, or other dust treatment of streets; (f) the trimming and care of trees and the removal of unsound trees from any street; (g) the treatment and removal of insect-infested or diseased trees on private property; (h) the repair of sidewalks and alleys; (i) the operation of a street lighting system; (j) the maintenance of landscaped areas, decorative parks and other public amenities on or adjacent to street right-of-way; and (k) snow removal and other maintenance of streets in commercial redevelopment areas. • Council ordered the work, and the work is done. • Resolution No. 7405, adopted in 1988, established a policy for assessing the costs. • Commercial property owners will be assessed on a per-square-foot basis. However, all single family and multi-family residential properties, plus the two churches in the area, would be exempt from the special assessment levy. C. CRITICAL TIMING ISSUES • On or before September 1 of each year, the City shall list the total unpaid charges for current services against each separate lot or parcel to which they are attributable under section 825 of the City Code. D. FINANCIAL • Estimated and actual costs for the 77th Street maintenance services from 2002 - 2012 are: Year Estimate Actual 2002 $80,000 $75,490.39 2003 $80,000 $59,831.07 2004 $80,000 $63,842.79 2005 $80,000 $64,841.54 2006 $80,000 $69,606.52 2007 $80,000 $77,441.46 2008 $80,000 $77,000.01 2009 $80,000 $62,894.55 2010 $80,000 $64,124.81 2011 $80,000 $72,427.48 2012 $80,000 $78,286.46 2013 $80,000 E. LEGAL • No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting should a legal question arise. • Section 825, Subd. 2 states that "the City Clerk, under the Council's direction, shall publish notice that the Council will meet to consider the undertaking of current services and levying of special assessments to pay costs thereof." F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Council may make any changes to the assessment roll as deemed necessary after the public hearing. V. ATTACHMENTS • Resolution declaring costs to be assessed and ordering preparation of the proposed assessment roll for 2012 - 77th Street Maintenance. • Resolution proposing to specially assess for current services for 2014. • Graphic VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None fib- I RESOLUTION NO. RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 77TH STREET MAINTENANCE FOR THE PERIOD JANUARY 1, 2012 THROUGH DECEMBER 31, 2012 WHEREAS, costs have been determined for the maintenance of the 77th Street Redevelopment Area the boundaries of which are approximately east of I-35W and west of Cedar Avenue in the City of Richfield and the expenses incurred or to be incurred for such maintenance amount to $78,286.46 for the period of January 1, 2012 through December 31, 2012. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The portion of the cost to be assessed against benefited property owners is declared to be $78,286.46. 2. The City Clerk shall forthwith calculate the proper amount to be specially assessed for such maintenance against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in his office for public inspection. 3. The City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. 4. A hearing shall be held on the 10th day of September, 2013, in the Council Chambers of the City Hall at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda to pass upon such proposed assessment and at such time and place all persons owning property affected by said maintenance assessment will be given an opportunity to be heard in reference to such assessment. 5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the maintenance. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of August, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk Lf RESOLUTION NO. RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE 77TH STREET PROJECT AREA FOR THE PERIOD JANUARY 1, 2014 THROUGH DECEMBER 31, 2014. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. There is hereby established a special assessment district, the boundaries of which are east of I-35W and west of Cedar Avenue, for the purposes of assessing for current services provided by the City. 2. The following current services of the City are hereby proposed to be undertaken by the City in the District with the cost of such services to be specially assessed against benefited property within the District; • The trimming and care of trees and shrubs and the removal of any unsound trees from any street; • The repair of sidewalks; • The maintenance of landscaped areas and other public amenities on or adjacent to street rights-of-way; • Trash and litter removal. 3. The area proposed to be specially assessed for such current services consists of each and every commercial lot and parcel of land within the District. It is proposed that the special assessments on the commercial property be made on the basis of area. 4. The City Clerk is hereby authorized and directed to publish notice of a hearing by this Council at which the Council will consider the undertaking of such current services and the levying of special assessments to bear the costs thereof. Such notice shall be published in the official newspaper at least once, at least two weeks prior to the date of hearing. The City Clerk shall also give mailed notice of such hearing as required by law. Such hearing shall be held Tuesday, September 10th, 2013, commencing at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda. 5. It is hereby proposed that the project consist of the aforementioned services for the period from January 1, 2014 through December 31, 2014. The estimated cost of providing all of the aforementioned services during that period is $80,000. Passed by the City Council of the City of Richfield, Minnesota this 13th day of August, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk N ILN (77TH STREET) MAINTENANCE DISTRICT W E S -■/ -- 76TH ST W _ J 6TH ST W 76 1 I T I I IW 4. Q rip* 1 Ilj 0 . _ - . iii �� _ Li J o LT, ROOSEVELT E CITY PAR IGARAGE 77TH ST W Ili 77TH ST _W p — N77TH -^ST • 'B W SSA/ / SCHOOL 78TH ST W 78TH S7 W Ma= ' INTERSTATE HWY NO INTERSTATE HWY NO 494 NO 494 INTERSTATE HWY 78TH ST E = ( I2Cf= =1 1==i I= I II I II 1 11 I II I It I II I II I II 1 I f 1 1 it 1 11 1 1l I 11 1 1 _ I 1 76-H 1 ST ...11 76TH ST E =1.1111 ROOSEVELT . • Cti►wi I� PARK = WA HINGTO _ =_ PARK 77TH ST n 77TH ST E gill - E -: ME ASSUMPTION . r CATHOLIC rcln01. ■ l I 78TH ST R I 78TH ST E . Cillii LEY NTERSTATE HWY N0494 INTERSTATE HWY NO 494 76TH ST E Legend .. Feet h" ,r 0 380 760 1,520 2,280 3,040 ILN Maintenance District c PUBLIC yp-''''• WORKS AGENDA SECTION: CONSENT AGENDA ITEM# 4E REPORT# 151 =Aid STAFF REPORT RICHFIELD CITY COUNCIL MEETING AUGUST 13, 2013 REPORT PREPARED BY: CHRIS LINK, OPERATIONS SUPERINTENDENT NAME,TITLE DEPARTMENT DIRECTOR REVIEW: Er rfi 2.____ SIGNATURE OTHER DEPARTMENT REVIEW: 0 N/1 _,._ REVIEWED BY CITY MANAGER: j17hIIIIIJ'l; „go 46. ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution declaring costs to be assessed for removal of diseased trees from private property for work ordered in 2012 I. RECOMMENDED ACTION: By Motion: 1. Adopt the attached resolution declaring costs to be assessed and ordering the preparation for the proposed assessment roll for the removal of diseased trees from private property for work ordered in 2012 2. Set the public hearing date for September 10, 2013 II. EXECUTIVE SUMMARY According to Section 910 of the City Code, it has been determined that the health of trees within municipal limits is threatened by shade tree diseases, and it is the City's responsibility to control and prevent the spread of these diseases. If the City has deemed it necessary to remove a diseased tree, the property owners have four options available for private tree removal: 1. Remove the tree themselves. 2. Hire and pay for their own contractor. 3. Hire the City's contractor and pay for the removal. 081313TreeAssessment 4. Request the cost of the tree removal be assessed against their property tax. In the period from January 1, 2012 through December 31, 2012, twenty (20) property owners chose the fourth option. The total amount to be assessed is $37,120.13. III. BASIS OF RECOMMENDATION A. BACKGROUND • In the early 1970's, the City of Richfield began a shade tree disease program to assist homeowners in the removal of diseased trees on private property. The following process is how the City ensures property owners are aware of their diseased tree(s). • Notification to Property Owners The following procedures were used to notify the property owners listed on the assessment roll. At time of marking for removal, paperwork is left at the property which includes: • Removal deadline • Why the tree was marked for removal • Assessment Information • Information regarding private contractors • Card informing City of owners removal plans • City Staff contacts for more information If the tree becomes hazardous or is past the removal time limit an additional deadline letter is sent to the property owner. The letter is sent to the last known owner, obtained from Hennepin County Property Records and verified with Richfield Utility Billing records. Occupied Properties As stated above, property owners of diseased trees have four options available for private tree removal: 1. Remove the tree themselves. 2. Hire and pay their own contractor. 3. Hire the City's contractor and pay for the removal. 4. Request the cost of the tree removal be assessed against their property tax. Vacant Properties In cases where the property is vacant and no owner can be found, removals must be ordered when trees have passed the removal time limit or become hazardous. B. POLICY • The work has been completed with prior approval from the affected residents. • Minnesota State Statute requires the County to be notified of all special assessments. • A notice of the hearing on the proposed assessment (see attached) will be mailed at least two weeks prior to the hearing and shall state in the notice the total cost of the diseased tree removal to the owner. C. CRITICAL TIMING ISSUES • The unpaid charges for the removal of the diseased trees must be special assessed for certification to the county director of property taxation and collection along with current taxes as stated in City Code 825.05 Subd. 3. D. FINANCIAL • The costs to be assessed for the removal of diseased trees on private property for work ordered during the period January 1, 2012, through December 31, 2012, have been determined to be $37,120.13. • The property owner may pay the original principal amount without interest within 30 days from the date the Council adopts the assessment. The unpaid balance will be spread over five years with a five percent interest rate. • The original source of funding to have the work done is through the City's Permanent Improvement Revolving Fund. E. LEGAL • The notice of assessment hearing to be mailed to the residents has been reviewed by the City Attorney and Finance Manager. • The City Attorney will be in attendance at the Council meeting should a legal question arise. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Council may revise the special assessment roll as deemed necessary following the public hearing. V. ATTACHMENTS • Resolution • Notice of Assessment Hearing to be mailed to residents VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Residents on assessment roll RESOLUTION NO. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 2012 TO DECEMBER 31, 2012. WHEREAS, costs have been determined for the removal of diseased trees from private properties in the City of Richfield and the expenses incurred or to be incurred for such work ordered during the period of January 1, 2012 through December 31, 2012 amount to $37,120.13. Address PID # Amount 1810 W 68th St 2802824310065 $965.48 2221 W 72nd St 3302824230101 $641.25 6313 Aldrich Ave 2802824110038 $1,923.75 6400 Newton Ave 2802824230064 $1,282.50 6608 Oliver Ave 2802824320057 $3,099.38 6638 Bloomington Ave 2602824420006 $2,992.50 6768 Oliver Ave 2802824320072 $2,600.00 6814 Oliver Ave 2802824330039 $4,237.36 6827 2nd Ave 2702824430038 $1,928.25 7004 James Ave 3302824210033 $1,309.22 7045 Oakland Ave 3502824220040 $956.53 7126 11th Ave 3502824210017 $2,297.81 7127 10th Ave 3502824210024 $1,962.23 7132 10th Ave 3502824210026 $2,000.70 7133 Portland Ave 3502824220078 $667.97 7141 Portland Ave 3502824220077 $667.97 7301 Nicollet Ave 3402824130016 $3,200.00 7317 Lyndale Ave 3402824230115 $406.13 7401 Park Ave 3502824320107 $3,313.13 7425 Bryant Ave 3302824410035 $667.97 TOTAL $37,120.13 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The total cost to be assessed against benefited property owners is declared to be $ 37,120.13. 2. The City Clerk shall forthwith calculate the proper amount to be specially assessed for such work against each benefited property, and shall file a copy of such proposed assessment in her office for public inspection. 3. The Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. 4. A hearing shall be held on the 10th day of September, 2013 in the Richfield Municipal Center- Council Chambers at 7:00 p.m., or as soon as hereafter it may be reached on the agenda, to pass upon such proposed assessment and at such time and place all persons owning property affected by said diseased tree removal assessment will be given an opportunity to be heard in reference to such assessment. 5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment at least two weeks prior to the hearing and shall state in the notice the total cost of the diseased tree removal. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted by the City Council of the City of Richfield this 13th day of August, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk �j 2 Public Works Department Date Name Address City/State/Zip Property ID: Property Address: NOTICE OF ASSESSMENT HEARING NOTICE OF HEARING ON PROPOSED ASSESSMENT FOR CERTAIN SERVICES OF THE CITY FOR REMOVAL OF DISEASED TREES ON PRIVATE PROPERTY (JANUARY 1, 2012- DECEMBER 31, 2012) NOTICE IS HEREBY GIVEN that the Richfield City Council will hold an assessment hearing on the date and at the time and place given below, to pass upon the proposed assessment for the removal and disposal of diseased trees on private property. DATE, TIME AND PLACE OF HEARING: Tuesday, September 10th at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda, at Richfield Municipal Center, 6700 Portland Avenue South, Richfield, Minnesota 55423. NATURE OF IMPROVEMENT AND AREA TO BE ASSESSED: Costs incurred for removal of diseased trees from private property with the consent and approval of the property owners for work ordered from the City of Richfield, January 1, 2012 through December 31, 2012. The City proposes to assess the costs for this work, which totaled $ 37,120.13. THE SPECIAL ASSESSMENT TO YOUR PROPERTY IS: $ xxxxxxxx . THIS IS THE ONLY NOTICE YOU WILL RECEIVE OF THIS ASSESSMENT. NO SEPARATE BILLING WILL OCCUR. PLEASE DO NOT MAIL PAYMENT BEFORE THE ASSESSMENT HEARING ON TUESDAY, SEPTEMBER 10TH, 2013. A copy of the proposed assessment roll is on file for public inspection at the City Clerk's office, 6700 Portland Avenue South, Richfield, Minnesota. Public Works Department PAYMENT OF ASSESSMENT: You may pay your assessment at any time after the assessment has been adopted by presenting a check to the City Treasurer at the Assessor's office, 6700 Portland Avenue South, Richfield, Minnesota 55423. Unpaid assessments accrue interest at the rate of five percent (5%) per year. The amount of interest payable depends upon when your payment is made, and the following deadlines apply: Payment within 30 days of adopted assessment: The property owner may pay the original principal amount without interest within 30 days from the date the Council adopts the assessment, scheduled for Tuesday, September 10th, 2013. If the original principal amount is not paid, the assessment will be charged five percent (5%) interest. Payment on or after 10/10/2013: Payments received on or after 10/10/2013 but before 11/15/2013 will be charged interest at the rate of 5% through the date of payment. Payments are not accepted between November 15, 2013 and January 1, 2014. After January 1, 2014 payments can be made on the outstanding balance not certified to the current year taxes anytime with interest through December 31 of the year in which payment is made. If no prepayment is made, the tree assessments are spread over five years. Interest will be charged at the rate of five percent (5%) annually. Interest is calculated for 16 months on the first year of the assessment and 12 months thereafter. There is a $2.50 surcharge per year over the five year life of the assessment when certified to the property tax. Questions regarding the assessment payment procedure should be directed to Debbie Guiher at 612-861-9710. DEFERRED ASSESSMENTS: Under Minnesota Stat. Secs. 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person who meets certain age or disability restrictions and for whom it would be a hardship to make the payments. The policy and procedure for deferment is set forth in City Resolution No. 9531, which may be obtained from the City Clerk. When deferment of the special assessment has been granted and is terminated for any reason provided in law, all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of the law and the resolution may, within 30 days of the confirmation of the assessment, apply to the City Clerk for the prescribed form for deferral of this special assessment. HEARING PROCEDURE AND OBJECTIONS: The City Council will conduct a public hearing on the proposed assessment on the date and time listed. Written and oral objections will be considered at the meeting, but the Council may consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon further notice to the affected property owners as the Council deems advisable. The Council may adopt the proposed assessment at the same meeting as the hearing. RIGHT TO APPEAL: You have the right to appeal the City Council's adoption of the assessment. To appeal, you must serve notice of an appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment, and you must also file the notice of appeal with the Hennepin County District Court within ten days after service upon the Mayor or City Clerk. You may not appeal unless you file a written objection, signed by you, with the City Clerk prior to the hearing on September 10, 2013 or present the written objection to the presiding officer at the hearing on September 10,'2013. BY ORDER OF THE CITY COUNCIL THIS 13th DAY OF AUGUST, 2013. Questions? Questions concerning this assessment amount should be directed to Chris Link, Operations Superintendent @ 612-861-9174. CITY OF RICHFIELD Public Hearing Notice REGARDING: Notice of hearing on proposed assessment for removal of diseased trees from private property for work ordered January 1, 2012 through December 31, 2012. WHEN: Tuesday, September 10, 2013 7:00 p.m. WHERE: Richfield Municipal Center- City Council Chambers 6700 Portland Avenue South LEGAL DESCRIPTION: The services which were undertaken by the City for removal of diseased trees from private property, the cost of which is to be specially assessed against the benefited properties, included securing and scheduling of contractor plus related processing. The cost of providing all such services for these removals for work ordered during the period of January 1, 2012- December 31, 2012 is $37120.13 The proposed assessment is on file for public inspection at my office. Written or oral objections will be considered at the meeting, but the Council may consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon further notice to affected property owners as deemed advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the mayor or clerk of the city within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the mayor or clerk; however, no appeal may be taken as to the amount of an individual assessment unless a written objection by the affected property owner is filed with the clerk prior to the assessment hearing or presented to the presiding officer at the hearing. QUESTIONS: Call Chris Link, Operations Superintendent at 612-861-9174. HOW TO COMMENT: Attend the hearing and you will be heard or submit written comments. NANCY GIBBS City Clerk 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. Sun Current: August 22, 2013 AGENDA SECTION: CONSENT AGENDA ITEM# 4F REPORT# 152 STAFF REPORT RICHFIELD CITY COUNCIL MEETING AUGUST 13, 2013 REPORT PREPARED BY: CHRIS LINK NAME,TITLE DEPARTMENT DIRECTOR REVIEW: 0 W/ SIGNATURE OTHER DEPARTMENT REVIEW: [J Ni I i SIGNA REVIEWED BY CITY MANAGER: n ITEM FOR COUNCIL CONSIDERATION: Consideration of the purchase of a Toro Groundsmaster 5900 for use by the Park Maintenance Division I. RECOMMENDED ACTION: By Motion: Approve purchase of Toro Groundsmaster 5900 from MTI Distributing for $81,660.44 plus tax. II. EXECUTIVE SUMMARY The Parks Maintenance Division is currently using a mower that has reached its expected lifespan and is growing increasingly unreliable. Due to the City's requirement to approve any purchase over$50,000, the Parks Maintenance Division is requesting approval to purchase a Toro Groundsmaster 5900 Mower for $81,660.44 plus tax. III. BASIS OF RECOMMENDATION A. BACKGROUND • The large mower currently used for mowing open areas in the parks is being replaced because it has reached its expected lifespan and has 08132013Mower developed many mechanical issues making it unreliable. This mower is unique in that it has a 16 foot cutting width and is the only mower of this size that is used by Park Staff. B. POLICY • The City of Richfield participates in the Minnesota State Cooperative Purchasing Program which allows the City to purchase goods, certain services and utilities from contracts established by the Materials Management Division. C. CRITICAL TIMING ISSUES • Approval at this meeting will allow replacement of the mower which will greatly help fall leaf mulching. D. FINANCIAL • Purchase of the mower is identified in the 2013R-2014P Central Garage Budget (61000-7500) for $140,000 which will also allow purchase of a new rough cut mower for mowing the railroad tracks and pond areas. E. LEGAL • When the purchase of materials, merchandise, equipment, or construction exceeds $50,000, authority to purchase shall be submitted to the City Council for consideration. F. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATIONS) • Council may delay approval to a later meeting. Delayed approval, however, will result in delayed delivery. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: CONSENT AGENDA ITEM# 4G REPORT# 153 imMAII STAFF REPORT RICHFIELD CITY COUNCIL MEETING AUGUST 13, 2013 REPORT PREPARED BY: DERICK ANDERSON,ENGINEERING TECH NAME,TITLE DEPARTMENT DIRECTOR REVIEW: Er MI SIGNATURE OTHER DEPARTMENT REVIEW: El N/A io) , REVIEWED BY CITY MANAGER: r f r ITEM FOR COUNCIL CONSIDERATIO JBB LLCN: Consideration of a maintenance agreement with Properties, . I I. RECOMMENDED ACTION: By Motion: Approve the agreement with JBB Properties, LLC relating to the annual inspection and maintenance of the sump manhole at 800 66th Street W. II. EXECUTIVE SUMMARY The City requires that property owners execute an agreement to provide for annual inspection and maintenance of sump manholes, installed to remove sediment from stormwater prior to entering the City's storm sewer system. The City performs the inspection and maintenance and bills the property owner for the service. III. BASIS OF RECOMMENDATION A. BACKGROUND • The owner of the property at 800 66th Street W (Pizza Luce) reconstructed the existing building and parking lot, and constructed storm drainage improvements. As part of the improvements, a sump manhole was installed for the purpose of treating storm water run-off before it enters the City's storm sewer system. 08132013 800 66th Street W. Agreement • One of the redevelopment requirements the City requires of the property owner is to execute a maintenance agreement for the annual inspection, cleaning, and long term maintenance of the sump manhole. The agreement will be recorded to the property with Hennepin County. B. POLICY • The City encourages the installation of sump manholes in order to provide water quality treatment before the storm water enters the City's storm water system. • The City performs annual inspections of all sump manholes in the City to ensure they are operating properly. C. CRITICAL TIMING ISSUES • This agreement should be in place prior to issuing the final Certificate of Occupancy for the building D. FINANCIAL • The agreement requires the property owner to reimburse the City for costs of annual maintenance and cleaning. E. LEGAL • The City Attorney prepared the Agreement. F. ENVIRONMENTAL CONSIDERATIONS • The installation and annual maintenance of the sump manhole is a Best Management Practice for treatment of storm water IV. ALTERNATIVE RECOMMENDATION(S) • The City Council may choose not to approve the proposed agreement. V. ATTACHMENTS • Proposed Agreement VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated AGREEMENT THIS AGREEMENT made and entered into as of the day of 2013 by and between JBB PROPERTIES, LLC, a Minnesota limited liability company, ("JBB") and the CITY OF RICHFIELD, a Minnesota municipal corporation("City"). Recitals 1. JBB is the owner of a certain tract and parcel of land lying within the City on land legally described in the attached Exhibit A("Property"). 2. Pursuant to approval granted by the City, JBB has constructed a parking lot expansion and related storm drainage improvements on the Property,which drainage improvements empty into the City's storm sewer system("City System"). 3. The drainage improvements include a sump manhole ("Sump Manhole") that will treat storm water before it enters the City System. The Sump Manhole is designed to remove sand, gravel and other particles from the storm water passing through the JBB System prior to its entry into the City System. 4. In order for the Sump Manhole to function as designed, the accumulated particles must be removed from time to time. 5. The parties are desirous of entering into this agreement for the purpose of authorizing the City to enter onto the Property from time to time for the purpose of inspecting and maintaining the Sump Manhole as hereinafter provided. AGREEMENT For good and valuable consideration, the receipt and sufficiency of which the parties acknowledge,the parties hereby agree as follows: 1. Inspection and Cleaning. JBB hereby grants the City, its officers, agents and employees the right to enter upon the Property at intervals of once every 12 months, or more often if requested by JBB, solely for the purpose of inspecting, and cleaning the Sump Manhole; provided, however, that the City's access to the Property and inspection and/or cleaning does not 408153v1 CAHRC160-4 1 unreasonably interfere with JBB' use of the Property. The area affected by this Agreement is the improved parking area on the Property, shown on the attached Exhibit B. Upon the request of JBB, the area affected by this Agreement shall be legally described and recorded as a supplemental agreement, at JBB' sole cost and expense, to specifically describe the area of the maintenance easement. 2. Reimburse Cost. JBB agrees that it will reimburse the City for the cost of all such activities based upon the City's normal charge rate for such activities. In the event of any necessary maintenance or repair work which is estimated to exceed $5,000, the City shall give JBB notice of the need for such work and JBB shall have fifteen days from the date of such notice to secure performance of the work by a third party. 3. Indemnity. The City hereby indemnifies, and agrees to hold harmless, JBB its officers, agents and employees from any damage or personal injury of whatever nature occasioned by or arising out of negligence or willful misconduct by the City in exercising its rights hereunder. 4. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto regarding the subject matter contained herein and supersedes all prior agreements, arrangements and understandings written or oral. 5. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 7. Recording. JBB shall place this Agreement, or a memorandum thereof, of record in the land records of the County where the Project is located within 20 days following its execution by the parties. 8. Counterparts. This Agreement may be executed in one or more counterparts, each of which, when so executed and delivered, shall be an original, but together, shall constitute one and the same instrument. 408153v1 CAHRC160-4 2 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. [remainder of page left blank intentionally] 408153v1 CAH RC160-4 3 LIGA Signature Page for JBB JBB PROPERTIES,LLC By Its Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2013 by , the manager of JBB Properties, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public 408153v1 CAH RC160-4 4 Signature Page for City CITY OF RICHFIELD By Its Mayor By Its City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2013 by Debbie Goettel and Steven L. Devich, the Mayor and City Manager respectively on the City of Richfield, a Minnesota municipal corporation on behalf of said City. Notary Public THIS INSTRUMENT DRAFTED BY: Kennedy&Graven, Chartered(CAH) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis,MN 55402 (612) 337-9300 408153v1 CAHRC160-4 5 Lk Gt EXHIBIT A Legal Description of Property Tracts A,B and D,Registered Land Survey No. 642, County of Hennepin, State of Minnesota 408153v1 CAH RC160-4 A-1 EXHIBIT B (Scale has been altered) 1 _..,... I , ,,,.,...2,.."'-. wi;* Ti- `'...i,- •="i",=,. illii.. - -,-=',....*;ZT- --,1 I -i, lit. .:2'.\\.\11111CW—ga'f-::''. ::k•T'i!.:;'.-,"!?'.''.1. ;\\':1,i,:i....1.''''-.1'7,ni::.: . ' .- ' ' , - . i . , 1111 1 \ \ k 11. '' '''. 14.11 -;+.--■;:jr(,.;;A:-.' ',"'-' ' t' ;: -.,' 1.0.,,iiim p-e-1%.1 , ._.... / \-'- f-1.- .13 '',, \,1 0..°._...r_::,:it.1:44*MI- 1,10.fit.1.-;:#11i4ti':'! •-i•'-'t.T•fir171;;;;Vii70:-t.,•,,'-:.t. ,1 \% vi , vireiri.:)..-,kj;,..iiiii 01 .',•,''''';'',/!` .--' .'.--. --:-";'-=%'-'-'-'-;''- % \ X . .,,--,-,, .*T,...:4111T,,,,..,...„:„._7 •iiiiiiii „.".,...,_,,-77- \ lk — lir..'.' '..:,",..,V5,. - •,S,...-:-^:::-- -71:;''' 4.m. p ' 1i . \-. \ 1 .4 1g 1 1 ‘ \\ \ • ,;--i_ P i VI ... 1 Di 4.4-", 7-----.. I I I i 0' 1/4,1 it:' 4.‘ 1 , \ 1 ' --1 ' ' , .. ._....-- - III ° . , v \ 1 \ \ i II I i s i ' ,,,..,--:---- ---- ';.9', .s,,,,.......,,,,,D. _S-....,—A_ . • -i, %, :. •7•6' IA:t r . - ,n3 Q st-71 A ,,,-t--„ • - ,\ azka#04.1104 • \ I- . rlk s'''t\ ,, c I! Al 1111 lif A ' . , - ,z..-1\-z-0.,,. .. Ne* • -u ',..,,,. IT I & ' ..,..,,, '-.k1 -' , p4 .'2•'-„, . , ‘ , '7 •-•`-' ' Po `41* :4° ". ' ,-, ,,,-1 N4 s ‘.1, 2 ..,, \...,,., - t- WOE i 1 I I ,,1 En. 1%.3 %. . ....A..... ,two,.........ii > I/11111/111 t Mr: ,, ..c‘. \__ . x_A- V, il ,. 1 I II . ,. , • .r. I \ ‘‘‘ ,........:=1 ,,_.,1---- ,,:4/twilardlivr _.- ■ rl` i . ...---2-111.. w . _ „, „.„,,,,,,• ,... ..., , , ,r JAW A Ameiert ha. bawd 2.14%.7.44MEtr c.tat.Nsum, pi.....14.41.45... MT MAN o il P2ZA 1.1/CE ..edlakt. - 446...".2.* "'"%16 giNs1=1 MEM PM 3.11.14.■ h3 i CRY B-1 408153v1 CAH RC160-4 AGENDA SECTION: CONSENT AGENDA ITEM# 4H REPORT# 154 raga STAFF REPORT RICHFIELD CITY COUNCIL MEETING AUGUST 13, 2013 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: GNATURE OTHER DEPARTMENT REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: M "/ .4L ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for a Temporary On-Sale Intoxicating Liquor license for the Church of the Assumption, 305 East 77th Street, for their annual Fun Fiesta to be held August 18, 2013. I. RECOMMENDED ACTION: By Motion: Approve the request by the Church of the Assumption for a Temporary On-Sale Intoxicating Liquor license for their annual Fun Fiesta scheduled to take place on August 18, 2013. II. EXECUTIVE SUMMARY The Church of the Assumption is requesting a Temporary On-Sale Intoxicating Liquor license for their annual Fun Fiesta to be held on August 18, 2013. As in previous years, their plans are to have a dinner and dance. All required information and documents have been provided. All licensing fees have also been received. III. BASIS OF RECOMMENDATION A. BACKGROUND • On June 15, 2013, the Church of the Assumption submitted a request for a Temporary On-Sale Intoxicating Liquor license for their annual 081313 Church of the Assumption Fun Fiesta Fun Fiesta to be held on August 18, 2013. All required licensing fees have been received. • The Church of the Assumption will also be holding a dance during this event; however, Richfield City Code Section 1110.03 exempts the requirements of obtaining a Public Dance license when the proceeds are devoted to benevolent, fraternal, educational or charitable organizations as is the case with the Church of the Assumption. • The event will take place from 9:00 a.m. to 7:00 p.m. • The applicant has requested a Temporary On-Sale Intoxicating Liquor license to serve wine and 3.2 percent malt liquor at this event. No other intoxicating liquor beverages will be permitted. • They plan to serve hot dogs, corn on the cob, brats, tacos, chips, roast beef, tamales, soda, popcorn, fruit, water and a dessert. • The Church of the Assumption has contacted food sanitarians from the City of Bloomington to ensure that proper food handling practices are followed. • The City has previously granted this license to the Church of the Assumption for their annual Fun Fiesta event. B. POLICY • Richfield City Code Section 1202 requires applicants of Temporary On-Sale Intoxicating Liquor licenses to comply with all of the provisions of both City Codes and State Statutes. • Richfield City Code Section 1110.03 exempts the requirement of obtaining a Public Dance license when the proceeds are devoted to benevolent, fraternal, educational or charitable organizations. C. CRITICAL TIMING ISSUES • Service of wine and 3.2 percent malt liquor will be allowed only during the specified time of 9:00 a.m. to 6:00 p.m. on August 18th. In addition, no other intoxicating liquor beverages will be permitted. D. FINANCIAL • The required licensing fees have been received. E. LEGAL • The required proof of liquor liability insurance coverage has been submitted showing The Catholic Mutual Society affording the coverage. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Deny the request for a Temporary On-Sale Intoxicating Liquor license for the Church of the Assumption. This would mean that the applicant would not be able to serve wine or 3.2 percent malt liquor. However, the Public Safety Department has not found any basis for a denial. In addition, the Council has previously granted these licenses in conjunction with this event. V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • The Church of the Assumption staff have been notified of the date of this meeting. AGENDA SECTION: CONSENT AGENDA ITEM# 41 REPORT# 155 r■Mallill STAFF REPORT RICHFIELD CITY COUNCIL MEETING AUGUST 13, 2013 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: Q,jQ./4------ SIGNATURE OTHER DEPARTMENT REVIEW: El N/A9--/ / SIGNATURE„di REVIEWED BY CITY MANAGER: r H ItAI r v r ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for a Temporary On-Sale Intoxicating Liquor license for the Church of St. Peter, 6730 Nicollet Avenue South, for their annual Pig Roast event to be held August 17, 2013. I. RECOMMENDED ACTION: By Motion: Approve the request by the Church of St. Peter for a Temporary On-Sale Intoxicating Liquor license for their annual Pig Roast event scheduled to take place on August 17, 2013. II. EXECUTIVE SUMMARY The Church of St. Peter is requesting a Temporary On-Sale Intoxicating Liquor license for their annual Pig Roast event to be held on August 17, 2013. As in previous years, their plans are to have a dinner and dance. All required information and documents have been provided. All licensing fees have also been received. III. BASIS OF RECOMMENDATION A. BACKGROUND • On July 1, 2013, the Church of St. Peter submitted a request for a Temporary On-Sale Intoxicating Liquor license for their annual Pig 081313 St. Peters Pig Roast Roast event to be held on August 17, 2013. All required licensing fees have been received. • The Church of St. Peter will also be holding a dance during this event; however, Richfield City Code Section 1110.03 exempts the requirements of obtaining a Public Dance license when the proceeds are devoted to benevolent, fraternal, educational or charitable organizations as is the case with The Church of St. Peter. • The event will take place from 5:30 p.m. to 10:00 p.m. • The applicant has requested a Temporary On-Sale Intoxicating Liquor license to serve wine and 3.2 percent malt liquor at this event. No other intoxicating liquor beverages will be permitted. • They plan to serve pulled pork, potatoes, vegetables, dinner rolls and a dessert. • The Church of St. Peter has contacted food sanitarians from the City of Bloomington to ensure that proper food handling practices are followed. • The City has previously granted this license to The Church of St. Peter for their annual Pig Roast event. B. POLICY • Richfield City Code Section 1202 requires applicants of Temporary On-Sale Intoxicating Liquor licenses to comply with all of the provisions of both City Codes and State Statutes. • Richfield City Code Section 1110.03 exempts the requirement of obtaining a Public Dance license when the proceeds are devoted to benevolent, fraternal, educational or charitable organizations. C. CRITICAL TIMING ISSUES • Service of wine and 3.2 percent malt liquor will be allowed only during the specified time of 5:30 p.m. to 10:00 p.m. on August 17th. In addition, no other intoxicating liquor beverages will be permitted. D. FINANCIAL • The required licensing fees have been received. E. LEGAL • The required proof of liquor liability insurance coverage has been submitted showing The Catholic Mutual Society affording the coverage. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Deny the request for a Temporary On-Sale Intoxicating Liquor license for The Church of St. Peter. This would mean that the applicant would not be able to serve wine or 3.2 percent malt liquor. However, the Public Safety Department has not found any basis for a denial. In addition, the Council has previously granted these licenses in conjunction with this event. V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • The Church of St. Peter staff have been notified of the date of this meeting. AGENDA SECTION: CONSENT AGENDA ITEM# 4J REPORT# 156 EWAN STAFF REPORT RICHFIELD CITY COUNCIL MEETING AUGUST 13, 2013 REPORT PREPARED BY: JAY HENTHORNE, DEPUTY PUBLIC SAFETY DIRECTOR NAMIs, TI'L'L DEPARTMENT DIRECTOR REVIEW: SIGNATURE OTHER DEPARTMENT REVIEW: J N/A r SIGNATURI ��4 f. A a m REVIEWED BY CITY MANAGER: . 0,A ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for the purchase of records management software (RMS) from LOGIS for the police department I. RECOMMENDED ACTION: By Motion: Approve the request to purchase the RMS software from LOGIS in order for the police department to upgrade their current records management software. II. EXECUTIVE SUMMARY The Richfield Police and Fire departments have been participating with LOGIS for the past several months in evaluating new Computer Aided Dispatch (CAD), Squad Mobiles, and RMS software. The steering committee for LOGIS selected Tritech as the vendor for the upgrades in software. However, due to the cost of the entire software package, Richfield began to evaluate the cost/benefit of purchasing the software suite in relation to the overall consideration of retaining our own communications center, especially with additional capital costs pending in the near future. On July 23, the City Council voted to not purchase the entire LOGIS software package. By not approving the software package we would be outsourcing our dispatch in the future to the Hennepin County Sheriff's Office, City of Bloomington, 081313 Purchase of LOGIS RMS or the City of Edina. However, the police department still needs to maintain a records management system irrespective of which entity was selected to provide 911 Dispatch services for Richfield. Moreover, support for the current system form LOGIS would cease at the end of 2014. Initially, City staff contemplated creating specifications for RMS software and subsequently going out for bids. However, LOGIS has recently contacted the City and asked that we consider purchasing just the RMS portion of the LOGIS software package. The RMS software can be purchased as a "stand alone" option without the CAD and squad mobile software. In addition, LOGIS indicated to the City that if Edina was selected as the 911 Dispatch center for Richfield, they would provide, at no additional cost, an interface between the LOGIS RMS software and the software program used by Edina. This would enable Richfield to continue to share police data with all of the agencies we currently share data with, as well as Edina. III. BASIS OF RECOMMENDATION A. BACKGROUND • The City of Richfield is a member of the LOGIS Consortium • The evaluation process for new CAD, squad mobiles, and RMS has been a six month process with members of the cities police and fire departments participating. • LOGIS notified us in May of 2013 that the cost to purchase the software package that was voted on by the consortium would be $382,500. A deadline of July 25th was given by LOGIS to the city to commit to the software package • This amount was approximately three times more then the previous amount the city paid to upgrade to the Premier 1 software. • The Premier 1 software had failed the implementation stage in the Dakota County Communications Center in the Fall of 2012 • With the high cost associated with the CAD and squad mobile software the city held two study sessions evolving around outsourcing our dispatching services to another entity. Several options included the Hennepin County Sheriffs Office, the City of Bloomington, and the City of Edina. • Research was done by city staff to formulate options for these agencies to dispatch for the City of Richfield and whether to purchase the software package from LOGIS. • On July 23, 2013 the City Council voted to not purchase the LOGIS software package. • The vote to not implement the software package has forced the police department to look at RMS system options and plan for a transitioning to outsourcing our dispatch operations. • The Richfield Police Department still needs to maintain a Records Management System. • Records Management Systems are used to collect information for various reports, documents, and other data to be used within the police department or distributed to state and federal agencies • The police department has inquired with other vendors outside of LOGIS to provide RMS for the department. However, this would require additional research, Request for Proposals (RFP), and more staff time. • Staff recommends that we stay with the LOGIS RMS due to the pending time table and transition of outsourcing our dispatch services. B. POLICY • The City of Richfield must have RMS for the police department to comply with State and Federal law. • The current LOGIS RMS system is a very good one and the replacement, which has been vetted by City staff projects to be a very good upgrade. C. CRITICAL TIMING ISSUES • LOGIS immediately needs a commitment from the city on whether we are going to proceed with purchasing the RMS. • The process to create an RFP for new RMS software along with evaluating and implementing it is too timely and would not correspond with the transition to a new dispatch facility. D. FINANCIAL • The cost of the LOGIS RMS system is $169,500 • The cost to do an RFP for a new RMS and staff time for evaluation would exceed $25,000 on top of a new RMS system. E. LEGAL • We are already members of the LOGIS Consortium and have contracts in place for their services. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Not purchase the LOGIS RMS system, However we would then need to seek a different vendor , which would require additional time and money. V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: CONSENT AGENDA ITEM# 4K REPORT# 157 umNalid STAFF REPORT RICHFIELD CITY COUNCIL MEETING AUGUST 13, 2013 REPORT PREPARED BY: TODD SANDELL,DIRECTOR OF PUBLIC SAFETY/CHIEF OF POLICE NAME. T/II,E DEPARTMENT DIRECTOR REVIEW: d(.....= SIGNATURE OTHER DEPARTMENT REVIEW: 0 04- ,----'•--- / SIG •17_1121: REVIEWED BY CITY MANAGER: '" / * / 1110 i _ NALII ITEM FOR COUNCIL CONSIDERATION: Approve the attached resolution accepting a donation of two Police Canine safety vests from Vested Interest in K-9's, Inc. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution accepting a donation of two Police Canine safety vests from Vested Interest in K-9's, Inc. II. EXECUTIVE SUMMARY Vested Interest in K-9's, Inc., is a Massachusetts based non-profit fundraising organization dedicated to providing bullet and stab protective vests for law enforcement K-9's throughout the U.S. They currently have donated 431 vests to Police Canines throughout the U.S. They are donating two vests (valued at $950 each) to Richfield Police Canines Bodie and Rocky. III. BASIS OF RECOMMENDATION A. BACKGROUND • Richfield Police Department has been notified that Vested Interest in K-9's, Inc, has two bullet proof vests that they would like to donate to Richfield Police Canines Bodie and Rocky. 081313 Approval of Donation of Police Canine Vests • The Richfield Police Department does not budget for vests for in Canine Officers and relies on grants for vests for it's Police Officers. • Each vest is valued at $950. B. POLICY • Business, organizations and occasionally residents wish to show that they support law enforcement programs and accomplishments in Richfield because the programs and quality of service add to their sense of safety and security as they live and work in Richfield. To ensure that programs continue, they will offer to contribute to specified areas, such as protective vests for officers or the K-9 units, or to general police programs. • Minnesota Statute 465.03 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 in accordance with Minnesota Statute 465.03. • The Administrative Services Department issued a memo on November 9, 2004, requiring that all grants and restricted donations to the departments be received by resolution and by more than two- thirds majority of the City Council in accordance with Minnesota Statute 465.03. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • The cost of each vest is $950. E. LEGAL • N/A F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Council could deny the resolution and the vests would be returned to Vested Interest in K-9's, Inc. However, donations from other groups or individuals to the Safety Vests for officers have been accepted in past years. V. ATTACHMENTS • Resolution No. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None • qK- 1 RESOLUTION NO. RESOLUTION AUTHORIZING Approval of donation of Police Canine vests from Vested Interest in K-9's, Inc. WHEREAS, the Pulbic Safety Department/Police Division, through it's Director, has been notified that Vested Interest in K-9's, Inc., would like to donate two bullet proof, stab proof vests costing $950 each to Richfield Police Canines Bodie and Rocky; 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 vests have been designated by the donor for and will be used by Richfield Police Canines Bodie and Rocky. NOW, THEREFORE, BE IT RESOLVED that the Director of Public Safety will accept the donation of two canine safety vests from Vested Interest in K-9's, Inc, to be given to Richfield Police Canines Bodie and Rocky. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of August, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 4L REPORT# 158 imadill STAFF REPORT RICHFIELD CITY COUNCIL MEETING AUGUST 13, 2013 REPORT PREPARED BY: JIM TOPITZHOFER,RECREATION SERVICES DIRECTOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: 1-070;41-01)SIGN SURE OTHER DEPARTMENT REVIEW: ® Ai SIGNA f I REVIEWED BY CITY MANAGER: Aii ' ,„,e _ i , , A Allot 4 _, .._ ITEM FOR COUNCIL CONSIDERATION: Consideration of a first reading of an ordinance amending Section 840 of the Code or Ordinances relating to the sale and consumption of beer in public parks and schedule second reading on August 28, 2013. I. RECOMMENDED ACTION: By Motion: Approve the first reading of an ordinance amending Section 840 of the Code or Ordinances relating to the sale and consumption of beer in public parks and schedule second reading on August 28, 2013. II. EXECUTIVE SUMMARY The Richfield Ice Arena has now become the home of Minnesota's newest Tier 2 Junior Hockey Team, the Minnesota Magicians. To attract a greater number of people to home games, the City has pursued special legislation allowing the issuance of on-sale wine and malt liquor licenses for beverage sales at the Arena. The State of Minnesota Legislature will consider enacting this bill at their next legislative session to be held at the beginning of 2014. To accommodate the Team until then, the attached ordinance amendment will temporarily allow an establishment holding a food license to sell 3.2 percent malt liquor at the Richfield Ice Arena, provided the establishment obtains a license under subsection 1202.05, subdivision 3(a)(1) of this code. 0813 Temporary Beer License III. BASIS OF RECOMMENDATION A. BACKGROUND • Staff presented a proposal at a study session on April 18, 1013, to consider making improvements to the Ice Arena to accommodate a Tier 2 Junior Hockey Team including a dedicated locker room, training center, classrooms and an expanded lobby. City Council directed staff to pursue the planning of these improvements and to obtain sponsors of bill allowing issuance of on-sale wine and malt liquor licenses for beverage sales at the Arena. • State Representative Linda Slocum agreed to sponsor and has introduced such a bill along with Senator Melissa Wicklund. The State of Minnesota Legislature will consider enacting this bill at their next legislative session to be held at the beginning of 2014. • Wold Architects has completed a pre-design process for the above improvements including cost estimates and schematics. • The Minnesota Magicians have completed their team draft and have begun practices at the Richfield Ice Arena. Their first home game is scheduled on September 19, 2013. An ordinance amendment is needed to temporarily allow a properly licensed food establishment to sell 3.2 percent malt liquor at the Richfield Ice Arena until special legislation is enacted at the beginning of next year. This amendment will become null and void if and when special legislation is enacted. • A second reading is scheduled at a special meeting on August 28, 2013. If approved by Council then, the effective date of the amendment will be October 5, 2013. B. POLICY • The Ice Arena is located in Veterans Memorial Park. An ordinance amending Section 840 of the City Code or Ordinances is needed to permit the sale of beer at the Arena. C. CRITICAL TIMING ISSUES • The Minnesota Magician's first home game in Richfield is scheduled on September 19, 2013. An ordinance amendment is needed as soon as possible to attract help people to the home games. • Ordinance amendments require a first reading, followed by a second reading at the next Council meeting. The second reading of the attached ordinance amendment is scheduled on August 28, 2013 at the Special City Council budget meeting. If approved, notification will be published in the Sun Current on September 5, 2013 and the effective date of the ordinance amendment will be 30 days later on October 5, 2013. D. FINANCIAL • The attached ordinance amendment has an indirect financial impact on the City of Richfield. Selling beer at home games benefits the Minnesota Magicians with increased ticket sales. It is important for the Team to remain financially viable so that they can continue to make lease payments to the City to help finance the building improvements. E. LEGAL • The City Attorney prepared the attached ordinance amendment and has reviewed this staff report. F. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S) • Reject the ordinance and do not allow temporary 3.2 sales in the Ice Arena. V. ATTACHMENTS • An Ordinance Amending Section 840 of the Code or Ordinances Relating to the Sale and Consumption of Beer in Public Parks. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Scott Meyer and other owners of the Minnesota Magicians. L- I BILL NO. AN ORDINANCE AMENDING SECTION 840 OF THE CODE OR ORDINANCES RELATING TO THE SALE AND CONSUMPTION OF BEER IN PUBLIC PARKS THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 840.11 is amended to read as follows: Subd. 2. Sale and consumption prohibited. The sale, possession with intent to consume, or consumption of alcoholic beverages is prohibited in the public parks of the City, except as expressly permitted by subdivisions 3 and 4 of this subsection. Subd. 3. Community Celebration. A nonprofit corporation that has obtained a community celebration license in accordance with subsection 850.09 of this code may sell 3.2 percent malt liquor in Veteran's Memorial Park in connection with the licensed community celebration, provided that the corporation also obtains a license under subsection 1210.07, subdivision 3 of this code and applicable state law. The community celebration license and temporary on-sale license must designate the area(s) of Veteran's Memorial Park where sales may be made. A person of legal age may possess with intent to consume or consume alcohol purchased pursuant to this subdivision within the areas designated in those licenses. Subd. 4. Richfield Ice Arena. An establishment holding a food license may sell 3.2 percent malt liquor at the Richfield Ice Arena, located in Veteran's Memorial Park, provided that the establishment obtains a license under subsection 1202.05, subdivision 3(a)(1) of this code. The 3.2 percent malt liquor license must designate the area(s) of the arena where sales may be made. Sale and consumption of 3.2 percent malt liquor under this subdivision are allowed only during junior hockey league games at the arena for consumption on the premises. Upon the effective date of special legislation enacted by the State of Minnesota Legislature allowing the issuance of on-sale wine and malt liquor licenses for beverage sales at the arena, this subdivision shall become null and void. Section 2. This ordinance will be effective October 5, 2013. Adopted this 28th day of August, 2013. By: Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: PROP. 01W. AGENDA ITEM# 6 REPORT# 159 'mad' STAFF REPORT RICHFIELD CITY COUNCIL MEETING AUGUST 13, 2013 REPORT PREPARED BY: CHRIS LINK, OPERATIONS SUPERINTENDENT E____ NAME,TITLE DEPARTMENT DIRECTOR REVIEW: a 2,) ifSIGNATURE OTHER DEPARTMENT REVIEW: 0 N/' SIGNATU•, 4, REVIEWED BY CITY MANAGER: r / Ak % ALth- / ; ITEMS FOR COUNCIL CONSIDERATION: First reading of an ordinance relating to street light banners. Approval to allow Penn Central of Richfield to move forward with a decorative banner permit application following the first reading of the ordinance, with issuance of the permit following the second reading of the ordinance. _ I. RECOMMENDED ACTION: By Motion: 1. Approve the first reading of the attached ordinance related to street light banners. 2. Approve Penn Central to move forward with a decorative banner permit application following the first reading of the ordinance, with issuance of the permit following the second reading of the ordinance. II. EXECUTIVE SUMMARY The Public Works Department is proposing a "Street Light Banner Ordinance" to the City Code as a new Section 855. This ordinance would allow decorative and event-oriented street light banners within public rights-of-way to aide in the promotion of the City and Community. The purpose of this ordinance is to regulate the placement, type, appearance, and servicing of banners within public rights-of way. 08132013Banners 429242v1 MDT RC160-4 City staff is also requesting approval for Penn Central to move forward with a decorative banner permit application following the first reading of the ordinance, with issuance of the permit following the second reading of the ordinance on September 10, 2013. This would allow for the installation of banners in time for Penn Fest, which is scheduled for September 15, 2013. III. BASIS OF RECOMMENDATION A. BACKGROUND • In April of 2013, Penn Central of Richfield asked the City if they could install banners on the City's street light poles with the goal of having them installed in time for Open Streets at Penn Fest. Because this was the first external request for street light banners, City Staff with the direction of the City Council, created an ordinance. • On June 20th, City Staff held a worksession with Council Members to receive further guidance. At this worksession, Penn Central requested to have advertising on its banners for the various businesses along this corridor. City Staff were directed to research the implications of allowing advertising on street light banners and to then provide a proposed ordinance. B. POLICY • With input from the City Attorney, Community Development, business members and other cities' policies, staff is recommending against allowing advertising on banners. • The only exception to this policy would be on event banners where there is a sponsor. In this case, only 15% of the banner may have sponsorship information. • Staff's recommendation to prohibit advertising on banners is based on several factors. Many cities, including St. Paul and Minneapolis, have similar ordinances that prohibit the use of banners for advertising of specific businesses, products or services. This is consistent with the purpose of such ordinances, which is to regulate the use of the public right-of-way and to serve the public's interest through promotion of community events and neighborhood identification. The ordinance is not intended to serve as an advertising avenue for private businesses. • Allowing private, commercial advertising on street light banners has some legal implications as well. First, if the banner ordinance allows advertising ("commercial speech"), but prohibits political issues or messages, then the ordinance could be subject to a constitutional challenge because it gives more favorable treatment to commercial speech. Second, the prohibition on advertising in the public right-of- way is consistent with the state's policy and laws against advertising within the limits of certain highways. Third (and perhaps more unlikely, but still a concern), allowing advertising on the banners could potentially open the door to complaints from businesses that do not have the opportunity to advertise in a similar manner. 429242v1 MDT RC160-4 C. CRITICAL TIMING ISSUES • If the first reading of the ordinance is approved at the August 13, 2013 meeting, and the second reading is approved on September 10, 2013 the effective date of the ordinance (30 days after publication in the Sun Current) would fall after Penn Fest (Sunday, September 15, 2013). • City staff is therefore recommending that Penn Central be allowed to move forward with their banner application following the first reading of the ordinance, with issuance of the permit after the second reading of the ordinance, so that banners may be installed in time for Penn Fest. D. FINANCIAL • See attached proposed Fee Schedule. E. LEGAL • The City Attorney has reviewed the ordinance and will be in attendance to answer any questions. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • City Council could decide to not approve the ordinance, and direct Staff on how to proceed. V. ATTACHMENTS • Street Light Banner Ordinance • Fee Schedule VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Penn Central or Richfield 429242v1 MDT RC160-4 � — s SECTION 855. STREET LIGHT BANNERS 855.01. Purpose and criteria. The purpose of the following is to regulate the placement, type, appearance, and servicing of banners within public rights-of-way so as to: • Aid in the promotion of cultural and civic events. • Promote the city and city-sponsored programs. • Identify business districts within the city. • Complement the city's beautification efforts. • Control visual distractions to traffic and directional signage. • Provide a unified and consistent appearance to city streets. 855.03. Definitions. The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Subdivision 1. Street Light Banner. Any rigid or flexible material containing a static message directed at the public, either by means of a symbol, graphic design or text attached to poles in the public right-of-way. Any flag, bunting, swag, ribbon, ornament, trimming, lights or other embellishments. Street light banners include both decorative and event-oriented banners. Subd. 2. Public right-of-way. "Public right-of-way" has the meaning given it in Minnesota Statutes, section 237.162, subdivision 3. Subd. 3. Public works department. Public Works Department means the public works department, or the public works department's designee. Subd. 4. Supporting hardware. Any bracket, wire, clamp, collar or other manufactured product necessary to attach, hold or fix in place a street light banner. Any electrical or mechanical device ancillary to a street light banner. Subd. 5. District. Any area defined by a planning study area or an established redevelopment district. Subd. 6. City Manager. City Manager means the City Manager, or the City Manager's designee. 855.05. Permit required;procedure, conditions. Subdivision 1. Permit Required. Any person or agency desiring to have a street light banner and supporting hardware installed over any public right-of-way or city-owned property must first obtain a permit approved by the City Manager. Subd. 2. Process. An application shall be submitted on a form prepared by the Public Works Department and shall contain, but not be limited to, the following information: (a) The name, address and telephone number of the person making the application and payment and to whom the permit will be issued; (b) The district or event to which the banners apply; (c) A color, graphic sample of the street light banner; (d) The specific dimensions and material of the street light banner; 429242v1 MDT RC160-4 ✓ ,d- (e) A detailed map depicting the proposed specific location of each installation located in a consistent manner throughout the district; (f) The specific requested installation and removal dates for the street light banners. Subd. 3. Conditions. All street light banners and permits are subject to the following conditions: (a) All Street Light Banners 1. Permittees must supply the banners; 2. Permittees are responsible for paying the cost of installation and removal; 3. A nonrefundable application fee shall be charged in accordance with a schedule established by the City Council; 4. All street light banners, together with any supporting hardware, shall be installed and removed only by the Public Works Department; 5. All street light banners will be taken down within five (5) days after the date of the expiration of such permit; 6. If the permit is denied by the City Manager, the person or agency desiring to install the street light banner(s) may petition the Council by appealing through the City Manager; 7. All street light banners must be two-sided. (b) Decorative Street Light Banners 1. There is an annual renewal fee (fees schedule in Appendix D) for decorative street light banners. 2. The permittee is also required to supply the City with replacement banners within 30 days of notification of damage or fading, or risk removal of all banners at the permittee's expense. (c) Event Street Light Banners 1. Event banners may be installed no earlier than two weeks prior to the event 2. If the event is an annual event and the content and placement of the banners has not changed, then only a renewal permit and any replacement banners are required. 855.07. Decorative Street Light Banner Content. Decorative street light banners are subject to the following requirements: Subdivision 1. Decorative street light banners may identify a historical location, a place of public interest benefiting the city, or to promote arts and culture. Subd. 2. Decorative street light banners shall not be used to advertise specific businesses, products, or services. Subd. 3. Decorative street light banners shall not be used to advertise or promote political candidates, parties, issues, or messages. 429242v1 MDT RC 160-4 855.08. Event Street Light Banner Content. Event street light banners are subject to the following requirements: Subdivision 1. Event street light banners must identify an event of public interest taking place within or benefiting the city. Event street light banners may include a logo, name or symbol of the sponsoring agency, provided that no more than 15% of the banner area is utilized for such purpose. Subd. 2. Decorative street light banners shall not be used to advertise specific businesses, products, or services. Subd. 3. Event street light banners shall not be used to advertise or promote political candidates, parties, issues, or messages. 855.09. Clearance required. No street light banner or supporting hardware shall be installed unless they shall have a clearance over and above the right-of-way as shall be designated and required by the Public Works Department with due regard to public safety, surrounding circumstances, and physical conditions of the area. 855.10. Banner Maintenance. The City reserves the right to remove street light banners because of construction, fading, damage, or any other practical reason, at the permittee's expense. 855.11. Permanent supporting hardware. Wherever any supporting hardware (not including electrical wires or fixtures) are installed that are intended to be kept and maintained as permanent. The Public Works Department, if at any time in their judgment, may require them to be removed or repaired. 855.13. Street Light Banner Dimensions. Street light banner dimensions must be uniform within the district and will be based on the location of the banner and the wind load limits for the type of street light. However, the dimensions may not exceed 16.25 square feet. 855.15. Revocation of permit. Any violation of this Section shall be grounds for the revocation of any permits granted, and any person violating the provisions of this Section may be denied any future permits for the purposes set out in this Section. 855.17. Violations a nuisance. Any street light banner or supporting hardware erected or maintained contrary to the provisions of this Section is declared to be a public nuisance, and any duly authorized city employee may remove or abate the same without any other warrant or authority other than this Section. 855.19. Severability. In the event that any subsection, subdivision, or clause of this Section is determined to be invalid, illegal or unconstitutional by a court of competent jurisdiction, the decision shall in no manner affect the remaining portions of this Section, which shall remain in full force and effect. 429242v1 MDT RC160-4 LC—Li Street Light Banner Fee Schedule Type of Permit or Section License Requiring Description Fee Street Light First time application to hang street light banners within a Banners 855.05 district or for an event. $50 Per street light banner installation (no existing hardware) $20 Per street light banner installation if supporting hardware exists on the light pole. $10 Per street light banner removal $10 Permit Renewal: Annually for both decorative and event banners, unless banner design has changed,then full application fee is charged. If annual renewal is not completed,the permittee risks removal of all banners at the permittee's expense. $10 429242v1 MDT RC160-4 AGENDA SECTION: RESOLUTION AGENDA ITEM# 7 REPORT# 160 STAFF REPORT RICHFIELD CITY COUNCIL MEETING AUGUST 13, 2013 REPORT PREPARED BY: MATT BRILLHART,PLANNING TECH. kNAME,TITLE DEPARTMENT DIRECTOR REVIEW: 2 141117111111 , SIGNA OTHER DEPARTMENT REVIEW: I\iJA ❑ a I r. SIGNA7 IRE REVIEWED BY CITY MANAGER: i poi ITEM FOR COUNCIL CONSIDERATION: Consider approval of a Site Plan to allow an adult day care serving up to 29 persons at 6722 Penn Avenue. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution granting a Site Plan approval for a day care serving up to 29 persons at 6722 Penn Avenue. II. EXECUTIVE SUMMARY Chinese Social Service Center has applied for a permit to operate an adult day care serving up to 29 persons. A change in the use of a building requires Site Plan approval. This building was previously used as an office and meeting space. The Planning Commission unanimously recommended approval of the Site Plan on July 22, 2013. The property management company is aware of site improvements that must be completed before a Certificate of Occupancy can be granted, including striping the parking lot with an accessible parking space and constructing an enclosure for trash containers. Additionally, an awning or covered entryway will be installed to bring the building into compliance with the Penn Avenue Corridor Design Guidelines. III. BASIS OF RECOMMENDATION 081313 - 6722 Penn SP A. BACKGROUND • N/A B. POLICY • A change in the use of a building requires Site Plan approval. • Day care uses require one parking space per five enrolled persons. The proposed center will serve a maximum of 29 persons and thereby requires 6 parking stalls. The proposed site plan includes eight (8) stalls adjacent to the north side of the building. • An accessible parking space and loading area must be striped in accordance with ADA requirements. • The site includes landscaped plantings facing Penn Avenue. The plantings must be maintained to meet the intent of the Penn Avenue Design Guidelines. • The site is legally nonconforming with regards to impervious surface coverage. There is an opportunity to add a limited amount of pervious surface behind the building; however, staff does not believe that there would be any tangible benefit. • In evaluating a site plan, the Planning Commission and Council shall consider its compliance with the seven criteria outlined in Subsection 547.13 of the City Code and further articulated in the attached document. C. CRITICAL TIMING ISSUES • 60-DAY RULE: The 60-day clock `started' when this application was deemed complete on July 8, 2013. A decision is required by September 5, 2013 OR the Council must notify the applicant that it is extending the deadline (up to a maximum of 60 additional days or 120 days total) for issuing a decision. D. FINANCIAL • The required processing fee has been paid. E. LEGAL • A public hearing was held before the Planning Commission on July 22, 2013. The Planning Commission voted 4-0 to recommend approval with no additional stipulations. • Notice of the required public hearing was published in the Sun Current newspaper and mailed to properties within 350 feet of the proposal. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Recommend denial of the proposed Site Plan and change in use with a finding that the proposal does not meet Code requirements. V. ATTACHMENTS • Resolution • Site Plan approval requirements • Proposed plans • Planning & zoning maps • Photos VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Ms. Yi Li You, applicant • Skip Melin, property management representative 9-1 RESOLUTION NO. RESOLUTION GRANTING APPROVAL OF A SITE PLAN TO ALLOW A COMMERCIAL DAY CARE FACILITY AT 6722 PENN AVENUE WHEREAS, an application has been filed with the City of Richfield which requests approval of Site Plan to allow a commercial day care facility serving up to 29 persons for the parcel of land located at 6722 Penn Avenue, legally described as: Lots 5 and 6, Block 16, Tingdale Brothers Lincoln Hills Addition, Hennepin County, Minnesota WHEREAS, the requested Site Plan has been reviewed by the City Council and meets City requirements; and WHEREAS, the proposed Site Plan will adequately serve the purpose for which it is proposed and will not have an adverse effect upon the public safety or general welfare; and WHEREAS, the City has fully considered the request for approval for the Site Plan. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The City Council adopts as its Findings of Fact the WHEREAS clauses set forth above. 2. A Site Plan for a commercial day care facility serving up to 29 persons as described in City Council Report No. , on the Subject Property legally described above is approved. 3. The approved Site Plan is subject to the following conditions: • Required plantings in front of the building must be continuously maintained and include live plant materials during the spring, summer and fall and decor over the winter; • All trash must be stored inside the building or in an approved enclosure. Trash enclosure plans must be approved by staff prior to the issuance of a building permit; • The entrances to the building facing Penn Avenue must be covered; either by an overhang or the installation of awnings. • Parking lot must be re-striped in accordance with the approved plan, including one accessible parking space and loading area as close as possible to the accessible entrance; • The applicant is responsible for obtaining all required permits, compliance with all requirements detailed in the City's Administrative Review Committee Report and compliance with all other City and State regulations. Permits are required prior to the commencement of any work; • This approval shall expire one year following the date of approval unless the use has commenced or a building permit has been obtained and construction begun. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of August 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk -5 Site Plan Approval Requirements Subsection 547.13 a) Consistency with the various elements and objectives of the City's long range plans, including, but not limited to, the Comprehensive Plan; In the Penn Avenue Corridor, the Mixed Use District is intended to be a vibrant, pedestrian-oriented neighborhood center. The District can accommodate a variety of uses. The proposal is in keeping with these intentions. b) Consistency with the purposes of the Zoning Code; The proposal is in keeping with the purpose of the Zoning Code and the Mixed Use - Community District. This District is intended to provide locations for a variety of shops and services that serve the surrounding community. The proposal is in keeping with these intentions. c) Preservation of the site in its natural state, insofar as practicable, by minimizing tree and soil removal, and designing any grade changes so as to be in keeping with the general appearance of neighboring developed or developing areas; N/A d) Creation of a harmonious relationship of buildings and open spaces with the terrain and with existing and future buildings having a visual relationship to the proposed development; N/A e) Creation of a functional and harmonious design for structures and site features including: Creation of an internal sense of order for the various functions and buildings on the site and provision of a desirable environment for occupants, visitors and the general community; ii. Appropriateness of the amount and arrangement of open space and landscaping to the design and function of the development; iii. Appropriateness of the materials, textures, colors and details of construction as an expression of the design concept of the project and the compatibility of the same with the adjacent and neighboring structures and functions; and iv. Adequacy of vehicular, cycling and pedestrian circulation, including walkways, interior drives and parking, in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian, cycling and vehicular traffic and arrangement and amount of parking so as to be safe, convenient and, insofar as practicable, compatible with the design of proposed buildings, structures and neighboring properties. The striping of accessible parking spaces near the front building entrance will bring the building into compliance with ADA requirements. Adequate parking is provided on site. The existing landscaping along Penn Avenue will be maintained. There is limited opportunity to improve the site further given the placement and size of the building. f) Creation of an energy-conserving design through design location, orientation and elevation of structures, the use and location of glass in structures, and the use of landscape materials and site grading; N/A g) Protection of adjacent and neighboring properties through reasonable provisions for such matters as surface water drainage, sound and sight buffers, preservation of views, light and air, and those aspects of design, not adequately covered by other regulations, which may have substantial effects on neighboring land uses; No changes to surface water drainage, sound and/or sight impacts, views, etc. are anticipated. • SITE PLAN Call 48 Hours before digging GOPHER STATE ONE CALL Twin Cities Area 651-454-0002 tr; I MN. Toll Free 1-800-252-1166 •< i " N / /.,. //I 0 20 40 -",s'"‘"—.\ ,1 4 • N89 37'24"W ..1• (M) 126.70(P) ef.'� I 11 1 , / i 6'6 SCALE M FEET / 1 -- °/ / / I o I / / : , LEGEND I 1 / / •+ �� j ^° • DENOTES FOUND PROPERTY IRON o I / // �..`_�. �� n° I 0 DENOTES SET 1/2" X 18" REBAR E' I / /_c�s_r �` 1 x WITH PLASTIC CAP"PLS 25105" ° /<.. V\^ E' DENOTES BOUNDARY LINE 851' �!) .' i V, x� or °~. \ r BENCHMARK DENOTES LOT LINE / 5 °\1 V O EL=853.00 - DENOTES SETBACK LINE o �I i/ /�/ 0yo" \\I n ^ 11 i °o M -999.9--DENOTES EXISTING CONTOUR UNE d l / i / 1 —0—DENOTES WOOD FENCE o I/ �/ __ / 11 .r g 1.:.I DENOTES CONCRETE SURFACE / " �n . I ' i Z !-';i DENOTES BITUMINOUS SURFACE II 1 -'''' A dam,] I �, -4 — DENOTES DRAINAGE FLOW 8- 0, < 1 29.5 //i////,�///,�i i//.ii/i.^///iii/.r/////'/// m r. W I +JB DENOTES FIRE HYDRANT i `' ® DENOTES ELECTRIC METER ! 1 w I `O., DENOTES ELECTRIC POWER POLE 7"' W 1r L„ I 7 �-���:nA 1E3 f W Z w3 DENOTES DECIDUOUS TREE I W d, / W/ N ;11 •�- FFE DENOTES FINISH FLOOR ELEVATION I' D! 8 t::;,,,, W I (M) DENOTES MEASURED DISTANCE ' I �'z I #6722 (1, (P) DENOTES PLATTED DISTANCE Q' y R O 1 Q,5 EXISTING BUILDING ^ V1 /7 2 i 1 FFEm851.80 - ' ;; HARDCOVER i h s f_�..`y"• ot/ EXISTING IMPERVIOUS SURFACES 12,057 SQ. FT. TOTAL LOT AREA 12,605 SQ. FT. I ,,',..,N,/ � I ,1 4 EXISTING HARDCOVER 95.7% Is / 74.8 \ ,;' I I PLANTERS LEGAL DESCRIPTION ., 31 -, 1 14 • ' ^ �/ / / ,1 1 I Lots 5 and 6, Block 16, TINGDALE BROS.' LINCOLN HILLS, o.58—g N893124"W 126.12(M)126.10(P) A�DSe le, • 6 6 Hennepin County, Minnesota NOTES 1.THE BASIS OF THE BEARING SYSTEM IS ASSUMED. 2.NO SPECIFIC SOIL INVESTIGATION HAS BEEN COMPLETED I 3.NO TITLE INFORMATION WAS PROVIDED FOR THIS SURVEY.THIS SURVEY DOES NOT PURPORT TO SHOW ALL EASEMENTS OF RECORD. 4.BOUNDARY WAS COMPUTED BASED ON THE EVIDENCE EXISTING AT THE TIME OF THE SURVEY.THE BOUNDARY MAY BE ADJUSTED IF MORE EVIDENCE EXISTS. 5.EXISTING UTILITIES AND SERVICES SHOWN HEREON OWNER LOCATED EITHER PHYSICALLY ON THE GROUND DURING THE SURVEY OR FROM EXISTING RECORDS REFERENCE BENCHMARK BUILDING SETBACKS PARKING REQUIREMENTS TESTIMONY.OTHER U ILLITIES AND SERVICES MAY BE PRESENT. ELEVATION = 853.00 W TOP NUT OF ZONING: MUC - MIXED USED COMMUNITY PARKING STALLS VERIFICATION AND LOCATION OF UTILITIES AND SERVICES SHOULD BE HYDRANT NW QUAD OF 6717 PENN PAC - PENN AVE. CORRIDOR EXISTING 18 OBTAIN FROM THE OWNERS OF RESPECTIVE UTILITIES BY CONTACTING AVENUE SOUTH. BUILDIMG FRONT SETBACK - 0' MIN. 15'MAX. REQUIRED 6 GOPHER STATE PLANNING CALL AT(651)454-0002 PRIOR TO ANY DESIGN, PLANNING OR EXCAVATION. SIDES AND REAR - 5 MIN. 15' MAX. Na DATE DESCRIPINM' 'BY n ENGINEERING DESIGN&SURVEYING !HERESY COMFY MAT Tws SURVEY HAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION. ■AND THAT I AM A DULY 1N.41SED EV*SURVEYOR UNDER THE LAM OF THE STATE Of MINNESOTA. JOB NAME: ADULT DAY CARE FIELD WORK DATE: 06/07/13 DRAWN BY: EP PROJECT NO.: 13-037 41§R <10 Wnyaoln dial M,,.,�.nyoi,,.MN 55410 or RITs 17431 501.2M00 Tnx Iran s4s-z HD1 =r/ DATEC:06/52/2013 LOCATION: 6722 PENN AVE.SOUTH FIELD BOOK NO.: EOS-t1 JANE CHECKED BY:VS SHEET NO.1 OF 1 (MAIL:,nroed.mn..am WERSIf[:nrlp:l/•d+-��,.°om YLAaNR SIMIWt LS.N0.26103 RICHFIELD,MN GENERAL NOTES DRAWING INDEX 1 i■ �Co� aoi CODES. : CSSC SHOWN ^ EN qDM PORNO.OF THE DISTING DRAWN.ARP.PDT RADO»E DRAM A ExxD R ""0000'00 0ERD I B N� M _ = • g a REFLECTED DP w WLL E5 ADULT�DDU gD N E CONFLICTS ED FOR E DRAWINGS.THE E DAY,� _, wow D[�FD , . .D THE AAJOINING AREAS SHALL BE WADE D EO CODE REVIEW HER CARE E x °q"i ° v OWNERS STANDARDS.I ® -coup Sim 04U ©o , SUBSTITUTIONS µp A 70 RECD.N.FINISHES. THIS PREPARED• CO.ANALYSIS 5 BASED ON 007 uxxESOiA A BELONG CODE. ital RM. 1© /@ En °° ...SELF ro R W � D0D o0 * BFo` H00=EEO ,R0 000 � � AINE� 0T„ xWoRDDRx NO RK U m ►' wR D M Tc"AD E„ E DEMOLITION OCCURS. 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I sPEC�IIGnaxs'LA LEft o s 005"R'co�2g PER MODE `S' ,2001 NUMBER OF PLUMB.0000005 FOR 0000,000 CARE (` .. NV0 ME °A �'O i uVA,OR, PER 5a aCµ' TIA' M A CONSTRUCTION NOTES RED POOL TABLE �� © Mq,/�T�D .TR EED s�,rv`woE"�.'(ME E �. DAY PROVIDED FORIARE EDCxIxc nwowwRE To vgonDE urvRESialnFD OIXrt FdOUiR x /T35=0 7 pi VI/2013.REVISION d,.PER Cr, ED[AnDxE HARK FIR A RDEN.E.71 D PER CODE VERIHA R N W.C. °.2° n ® ImND D,R PANEL SERVICE SIR DxE REDMD 2 PRDwDED '2 ©PROW . 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EXIST. .od —'dl NATURE NAME: FILE FRANK ff_---p7.-- DESK 1 ,DC n3n c Ensnxc Exex sI c EGS PAN NUMBER:MU FLOOR PLAN,S ITE PLAN i CO 4 CONSTRUCTION KEY GENERAL NOTES,CODE v ® EwS,IxD<DN RDrnDx,D REMAIN ANALYSIS,ROOM FINISH _ N 00 00.1.0.-no,,iD EDREMraDS SCHEDULE,DRAWING 0 O �____� E INDEX co. D . II SCALE N 113,-04. 03/12/2013 sD. O ♦ 1/4._1._0. k I YL Ao4 E 03/12/2013 ©-SEE 0PAww0 VAX FOR WALL Twos �0037O x*egs 1 On. OZ,JH OFLOOR PLAN • SITE PLAN °E""A'�"0E CD ,/. O x... 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', .", - ,">/- ; j, _ -- AO ' ...•/r.• I i 1 il . ,. . . - - 1-4t4; -l''',E;'f ' I / , I ‘ S‘ : .,- !,.,;it.'•4','-'..-- '' --? •. ._ -- . -- 0 -,,,. 11• I,..ey -`,..-•, . " .. - - ' Ai '•;.- ' '- ' . • • — . '. _ . 4`-'-' '• •''Ai I .•'''' • . - • . , . • ...: II- - - . • I .1 . 1 1, ... i I Wite4' _. _ ----- -- _------- .,..iM , .. . .,-1,1 "--. ..., • ,. ..... ; - . —:. . — •- , ::-. i....2..?•• n.. ,,, .,;:•;. ,... --,.. 7 -"Ok,,,g, . .". ... . ' - .• :.: .'"f4, 3 ",•':',.'yi:.1 . - k,__, I -4 .-'-',1',11'73." . ,„.... • % • i , •;,.1, . .........,..„. I...... , ...... . •miitimiSrp11),M,D.:, .., . — . 'l •''''.'- , t-•-•-:- 1 , . lir 1 ,- I , . . . . I! ' .-- ,„.• • ., :.,, .., • _. .. . . . _ . _ • lior __ .— . . ..,_ _ . .... ..._ .. .--- _ . .,..„. -,•*E . . . '4"44,1101r-.- . ,.... _ .. . _., AGENDA SECTION: OTHER BUS. AGENDA ITEM# 8 REPORT# 161 =rill STAFF REPORT RICHFIELD CITY COUNCIL MEETING AUGUST 13, 2013 REPORT PREPARED BY: STEVEN L. DEVICH, CITY MANAGER NAME,TITLE OTHER DEPARTMENTS REVIEW: Er IPIP7 c NATURE n4telf �. SIGNA'T . REVIEWED BY CITY MANAGER. !LJ i! ITEM Service FOR COUNCIL Cthe OCity NSIDERATION:Richfield Selection of a 911 Dispatch provider for of . I. RECOMMENDED ACTION: By Motion: Select a 911 Dispatch Service provider and direct the City Manager to initiate all necessary documents and/or contracts for the transition of the service. II. EXECUTIVE SUMMARY The City has been reviewing 911 dispatch service option for the past several months, initiated by the potential capital investment of roughly $750,000 needed in the next two years. The analysis and discussion of local dispatching services culminated with the City Council decision on July 23, 2013, to discontinue local dispatching and seek an alternate provider. The City must now make that selection to provide for a rapid and orderly transition to the provider selected. Three providers are available and interested in providing dispatch services for the City of Richfield; Hennepin County, the City of Bloomington and the City of Edina. There are pros and cons for the selection of each of the providers stemming from costs to levels of service. However, each of the providers could adequately serve the City of Richfield in that capacity. Dispatch0813 More thorough comparisons of the three providers have been provided to the City Council at study sessions covering this matter and in City Council Memo #64, dated July 18, 2013. In addition, the City Council has had the opportunity to question representatives of the three providers in a study session format and visit each of their respective facilities. Staff has previously recommended to the City Council that the City of Edina be selected as the 911 dispatch provider for reasons indicated in Council memo #64. Those reasons center around the close operating protocols of the two cities, especially that of the fire departments, which would be virtually seamless. Staff reaffirms that recommendation. However, in the end, the selection of a provider is at the discretion of the City Council. Staff will follow the City Council's decision and make whatever selection that is made, work toward the betterment of Richfield. Once a selection of a provider is made, staff will begin the process of transition and finalizing a contract for service if a City is selected. III. BASIS OF RECOMMENDATION A. BACKGROUND The City has been considering the future of Richfield 911 dispatch for the past several months, prompted by the impending purchase of additional capital equipment, needed to keep up with the new technology necessary for the operation. With the City Council decision to discontinue local 911 dispatching operations in Richfield the selection of a new provider is now a matter of some urgency, so that plans for a transition may begin. B. POLICY • The City Council has already voted to discontinue local dispatching and now must select an alternative provider. • Selection of a new 911 Dispatcher provider is a policy decision of the City Council. C. CRITICAL TIMING ISSUES • When comparing the three options for dispatching services each provider has informed the City of Richfield of possible transition time frames. • The City of Edina would be able to make the transition as early as January 1, 2014. However, if needed that date could be moved up. • The City of Bloomington would be able to make the transition as early as January 1, 2014. However, it was undetermined if this date could be moved up. • Hennepin County would be able to make the transition in the 4th quarter of 2014 when their new facility is completed. However, if on an emergency basis we need to transition sooner the time frame could be 60 to 90 days. • A selection of a 911 Dispatch provider for Richfield should be made as soon as possible. Richfield's current dispatchers will likely be seeking other employment immediately and there are several dispatcher openings in our neighboring cities presently and others are expected in the immediate future. • Selection of a 911 Dispatch provider will allow staff to immediately begin to plan for the transition to the provider selected and expedite the transition. D. FINANCIAL • The draft 2014 budget will contain adequate funding to allow for the selection of each of the three alternatives for dispatch services. • There is no current annual cost of having Hennepin County provide the dispatch services to Richfield. There would only be the transition costs of up to $80,000. However, selection of the County would likely require some relatively minor future staffing costs for certain parts of the day. • The City of Edina would provide the service for $168,700 for the first two years of the contract and increase commensurate with increases in wage structure for dispatchers and associated costs. This amount will decrease to $148,340 when Golden Valley migrates to Hennepin County at the beginning of 2015. Edina is willing to provide an initial four year contract option. • The City of Bloomington would provide the service for $450,000 for the first year and increase each year up to a maximum of 4% per year. Richfield would also be responsible for purchases of LOGIS costs (software) and any additional hardware needed for the service. E. LEGAL • The City can select from any of the three providers for its future 911 Dispatch service provider. F. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S) • None V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Representatives of the three potential service providers may be present. AGENDA SECTION: OTHER BUS. AGENDA ITEM# 9 REPORT# 162 MAI STAFF REPORT RICHFIELD CITY COUNCIL MEETING AUGUST 13, 2013 REPORT PREPARED BY: ELIZABETH FINNEGAN, CIVIL ENGINEER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: Er" N _________, SIGNATURE OTHER DEPARTMENT REVIEW: El N/% ' f/ W f REVIEWED BY CITY MANAGER: V '/ � % / ITEM FOR COUNCIL CONSIDERATION: Consideration to reject the bid submitted for the Federal Bikeways Project. I. RECOMMENDED ACTION: By Motion: 1. Reject the bid submitted for the Federal Bikeways Project. 2. Approve postponement of West Connection Route construction and rebid East Connection Route construction only. II. EXECUTIVE SUMMARY In 2008, the City was awarded a federal grant in the amount of$269,107 for construction under the Non-Motorized Transportation Pilot Program (NTPP) for the creation of two bike routes within Richfield. After significant public involvement and multiple Transportation Commission recommendations, the selected routes were approved for construction by City Council action on February 8, 2011. Plans and specifications were prepared by HR Green with an Engineer's estimate of $282,000. Bids for work to be performed under City direction were opened on July 16, 2013. Urban Companies was the only company to submit a bid in the amount of 0813201 3 Fed a ra l B i keways $545,200. Due to the high cost and lack of additional funding, staff is recommending the City exercise its right to reject the bid. In order to complete the project in 2013 before the grant sunset, the full grant amount may be applied to the construction of one route. After reviewing route planning documents and comments, staff recommends rebidding the East Connection Route. This route is currently used by many bicyclists and connects to existing and planned bike routes at 76th Street and 12th Avenue in Richfield and at 62nd Street and Bloomington Avenue in Minneapolis. III. BASIS OF RECOMMENDATION A. BACKGROUND • The City received a federal grant in 2008 in the amount of$269,107 for construction of two bike routes under the NTPP. • The Transportation Commission recommended east and west bike routes based on significant public involvement and discussion. The City Council originally approved the selected east and west routes on February 8, 2011. • MN/DOT Plan Approval Process and Project Delay Following approval, staff and the project consultant proceeded with finalizing plans for approval by MN/DOT and other review agencies. Bloomington Avenue and 73rd Street are designated State Aid Routes, and as such any changes to the street layout and lane widths are subject to MN/DOT State Aid Office review and approval. This approval process proved to be a long, tedious procedure requiring additional design applications and numerous adjustments to the project plans. On June 26, 2012, staff was informed that the project plans were approved by the MN/DOT State Aid Office contingent on making some design changes and on receiving an approved No Parking Resolution from the City. The City bid out the project with the design changes but received no bids. The City then applied for a design exception to avoid using the "advisory bike lanes" that were included in the design changes. In April of 2013 the design exception was granted and the project went to bid again. The second round of bids was opened on July 16, 2013 and one bid was received in the amount of$545,200, far exceeding the funds available for the project. In order to complete the project in 2013 before the grant sunset, the full grant amount may be applied to the construction of one route. After reviewing route planning documents and comments, staff recommends rebidding the East Connection Route. This route is currently used by many bicyclists and connects to existing and planned bike routes at 76th Street and 12th Avenue in Richfield and at 62nd Street and Bloomington Avenue in Minneapolis. B. POLICY • The City has the authority to reject the bid. C. CRITICAL TIMING ISSUES • In order to use the federal grant before it sunsets, construction must occur in 2013. D. FINANCIAL • One bid for construction was received in the amount of$545,200. The estimated cost of construction is $282,000, leaving the project $263,200 short. • Postponing the West Connection Route will reduce the overall cost of construction to allow for the East Connection Route to be completed in 2013. E. LEGAL • The City attorney will be available to answer questions. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council may postpone rejection of the contract. • The Council may award the contract and direct staff on how to fund the remainder of the contract. V. ATTACHMENTS • Bid Minutes and tabulation • Routes graphic VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. 1 — I CITY OF RICHFIELD, MINNESOTA Bid Opening July 16, 2013 10:00 a.m. Federal Bikeways Project Bid No. 13-08 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 the Federal Bikeways Project, as advertised in the official newspaper on June 20 & 27, 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: Bidder's Name Bid Bond Non-collusion Total Base Bid Urban Companies Provided Provided $ 545,200.00 St. Paul, 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 ...4111111.___ Non-Motorized Pilot Program Projects '1tICHF1ELtD City of Richfield, MN I........ WEST PROJECT AREA EAST PROJECT AREA ii E 6-0th St i I i Q21) 1 CIo sicYivrt H'.', I • • • • 62 62 fit �,:'are �.fr f f � P:rk f. w c i , Ill 1 f I 1 i Rir"'enmh1 � i Shendan I Re I Ai l'yi • 'ark. ;I i ihd I. C y Road 53 aP s h St Cot o�d',1 • Ii fh'oad' I1„ , ,.; ,I Ir irr ;nrl ._ � f 3mi;i`;r•,r1 f,r�”ui�l� r;;r.ant II P.-Irk ' !o_; Park 0 a I t '; I CO a: 'NO ci It L'J701hSt " Natures S1 _ _E7001,St - • _ United Hebrew `':' pr cemetery N I 1 • 77 A'nai Fmet • • Cemetery n, 0 • z. a • ■?:rk' I a f 1I ' 5 •'ait0 II**•a0ift9 Dnn.,ld<.cm 7 _ �r 10041 r�n Pr,,..ii 11 4 'r"` , W Tnth St ' w 76tH St 10 vig •- 'Pik- ; I yi '.I s'I 1 I - '.. I. 1 l: W Trdh St E 9th st. E 70th&t { ■ I LEGEND ii:o TRANSIT STATION (EXSITING/PROPOSED) NM MS REGIONAL TRAIL • • • • • ON-STREET ROUTE tiSIGNALIZED INTERSECTION AGENDA SECTION: OTHER BUS. AGENDA ITEM# 10 REPORT# 163 STAFF REPORT RICHFIELD CITY COUNCIL MEETING AUGUST 13, 2013 REPORT PREPARED BY: CHE' L KRUMHOLZ, EXEC. COORDINATOR N TITLE REVIEWED BY CITY ,, MANAGER. ITEM FOR COUNCIL CONSIDERATION: Consideration of appointments to City advisory commissions. I. RECOMMENDED ACTION: By motion: Appoint persons to fill the vacant terms on the City advisory commissions. II. EXECUTIVE SUMMARY In January 2013, the City Council made several appointments to the various City advisory commissions. However, there were some remaining vacancies following those appointments. The City Council continues to accept commission applications and interviews all applicants. Applications were recently received and a Special City Council Meeting to conduct interviews was held on August 13, 2013. Consideration of approval of the appointments is scheduled for the August 13, 2013 Regular City Council Meeting. III. BASIS OF RECOMMENDATION A. BACKGROUND • In January 2013, the City Council made several appointments to the various City advisory commissions. • There were some remaining vacancies following those appointments. • The City Council continues to accept applications and interviews all applicants. 0813commission • Applications were recently received and a Special City Council Meeting to conduct interviews was held on August 13, 2013. B. POLICY • The City advisory commissions were established by City ordinance or resolution. Interviews of the applicants are conducted at a Special City Council meeting. The required meeting notice is posted in accordance with the open meeting law requirements. C. CRITICAL TIMING ISSUES • N/A. D. LEGAL • The Special City Council Meeting was posted in accordance with the open meeting law requirements. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Defer appointments to a future City Council meeting. V. ATTACHMENTS • Commission vacancy list VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. 7:37 AM 08/05/13 COMMISSION VACANCIES Term Expires ARTS COMMISSION January 31, 2014 January 31, 2014 January 31, 2015 January 31, 2015 January 31, 2016 January 31, 2016 January 31, 2016 FRIENDSHIP CITY COMMISSION January 31, 2014 January 31, 2014 January 31, 2015 January 31, 2015 January 31, 2015 January 31, 2016 ■ YOUTH COMMISSION VACANCIES HUMAN RIGHTS COMMISSION August 31, 2014 FRIENDSHIP CITY COMMISSION August 31, 2014 Vacancies2011