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121013completeagenda CITY OF RICHFIELD, MINNESOTA TUESDAY, DECEMBER 10, 2013 ******************************************************************************************************* SPECIAL CITY COUNCIL WORKSESSION BARTHOLOMEW ROOM 6:30 P.M. AGENDA Call to order Roll call (Worksession discussion times are approximate) 6:30 - 6:55 p.m. 1. Presentation on the ULI Regional Indicators Initiative (Council Memo No. 115) Notes: Adjournment ********************************************************************************************************* REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of the minutes of the (1) Special City Council Worksession of November 26, 2013; (2) Special Concurrent City Council, HRA and Planning Commission Worksession of November 26, 2013; (3) Regular City Council Meeting of November 26, 2013; and (4) Special City Council Meeting (Truth-in-Taxation) of December 3, 2013 COUNCIL DISCUSSION 1. Council discussion • Hats Off to Hometown Hits Notes: AGENDA APPROVAL 2. Council approval of the agenda CONSENT CALENDAR 3. 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 the approval of a resolution calling for a public hearing on proposed property tax abatements for the City of Richfield's Ice Arena project S.R. No. 240 B. Consideration of the approval of a resolution authorizing City staff to incur costs for the proposed improvements at the City's Ice Arena S.R. No. 241 C. Consideration of the approval of a resolution allowing an amendment to the City's Regulatory Agreement related to the redemption and prepayment of the City's $10,400,000 variable rate demand multifamily housing revenue bonds (Woodlake Richfield Apartments, LLC Project) Series 2011 S.R. No. 242 D. Consideration of the approval of the quotes/tabulation and award of contract to All Metro Excavating, Inc. for the Richfield Parkway (17th Avenue) home demolitions in the amount of$115,000 S.R. No. 243 E. Consideration of the approval of the bid minutes/tabulation and award of contract to Malecha Spreading, LLC. for lime residual disposal for a two-year period (2014-15) in the amount of$58,050 per year or $116,100 for two years S.R. No. 244 F. Consideration of the approval of a resolution requesting a State Aid Design Element Variance from the Minnesota Department of Transportation for the Richfield Parkway Project S.R. No. 245 G. Consideration of the approval of a resolution authorizing the City of Richfield to participate in the Minnesota Water Agency Response Network (MnWARN), a mutual aid agency created to allow city utilities to assist each other in case of an emergency S.R. No. 246 H. Consideration of the approval of a resolution authorizing the acceptance of the Community Transformation Grant agreement between the City of Richfield and the City of Bloomington S.R. No. 247 I. Consideration of the approval of a resolution authorizing acceptance of monetary support for the Public Safety/Police for Safety Day and Night to Unite and unsolicited from the Richfield American Legion Unit#435 S.R. No. 248 J. Consideration of the approval of the 2014 contract with the City of Bloomington using federal grant funds to provide services in the area of public health emergency preparedness/bioterrorism and the development of a response system S.R. No. 249 K. Consideration of the approval of the continuation of the agreement with the City of Bloomington for the provision of public health services for the City of Richfield for 2014 S.R. No. 250 L. Consideration of the approval of the 2014 renewal of the named business licenses for the on-sale and off sale 3.2 percent malt liquor establishments, taxi companies and rental of trailers and trucks doing business in Richfield. S.R. No. 251 License to Sell 3.2 Percent Malt License to Operate in Richfield Liquor A New Star Taxi & Limousine Service—6 Aldi Foods — Off-Sale vehicles Champps (Ice Arena location) — Airport Taxi —6 vehicles On-Sale American Travel — 6 vehicles Davanni's — On-Sale Continental Taxi, LLC—5 vehicles El Jalapeno— Off-Sale Gold Star Taxi — 20 vehicles Portland Food Mart—Off-Sale Latino Americano Express (Express Taxi) — RBF Corporation of Wisconsin 7 vehicles (Rainbow Foods) —Off-Sale Latino Express—6 vehicles Richfield U.S. (gas station Suburban Taxi —5 vehicles 67th/Penn) - Off-Sale 10-10 Taxi — 10 vehicles Sandy's Tavern — On-Sale Twin Cities Airport Taxi - 5 vehicles SuperAmerica #4186—Off-Sale White Star Taxi —3 vehicles SuperAmerica #4188— Off-Sale SuperAmerica #4191 —Off-Sale SuperAmerica #4615—Off-Sale Paul's Rentals & Sales—Trailer and Truck Target Corporation —Off-Sale Rental Vina Restaurant— On-Sale Notes: 4. Consideration of item(s), if any, removed from Consent Calendar Notes: PUBLIC HEARINGS 5. Public hearings regarding the 2014 pawnbroker and secondhand goods dealer license renewals: A. Metro Pawn & Gun, Inc., 7529 Lyndale Avenue S.R. No. 252 B. University Cash Company, Inc., d/b/a Avi's Pawn and Jewelry, 6414 Nicollet Avenue S.R. No. 253 Notes: 6. Public hearings regarding the 2014 club on-sale and Sunday liquor license renewals: A. Fred Babcock V.F.W. Post No. 5555, Inc., d/b/a Four Nickels Food & Drink; 6715 Lake Shore Drive S.R. No. 254 B. Mpls-Richfield American Legion Post 435, 6501 Portland Avenue S.R. No. 255 Notes: 7. Public hearings regarding the 2014 on-sale wine and 3.2 percent malt liquor license renewals: A. Chipotle Mexican Grill of Colorado, LLC, d/b/a Chipolte Mexican Grill, 7644 Lyndale Avenue S.R. No. 256 B. Thompson's Fireside Pizza, Inc., d/b/a Fireside Pizza, 6736 Penn Avenue S.R. No. 257 C. Kiang's Red Pepper, Inc., d/b/a Red Pepper Chinese Restaurant, 2910 West 66th Street S.R. No. 258 D. Patrick's French Bakery, Inc., d/b/a Patrick's Bakery & Café, 2928 West 66th Street S.R. No. 259 E. The Noodle Shop Co.-Colorado, Inc., d/b/a Noodles & Company, 7630 Lyndale Avenue S.R. No. 260 F. The Noodle Shop Co.-Colorado, Inc., d/b/a Noodles & Company, 1732 East 66th Street S.R. No. 261 G. John E. Powers &Assoc., Inc., d/b/a Lariat Lanes, 6320 Penn Avenue S.R. No. 262 H. Joy's Pattaya Thai Restaurant, LLC, d/b/a Joy's Pattaya Thai Restaurant, 7545 Lyndale Avenue S.R. No. 263 Notes: 8. Public hearings regarding the 2014 on-sale intoxicating and Sunday liquor license renewals: A. The Frenchman's, 1400 East 66th Street (includes optional 2 a.m. closing) S.R. No. 264 B. Financial Guidance, Inc., d/b/a Four Points by Sheraton, 7745 Lyndale Avenue S.R. No. 265 C. Paisan Incorporated, d/b/a Khan's Mongolian Barbeque, 500 East 78th Street S.R. No. 266 D. Wiltshire Restaurants, LLC, d/b/a Houlihan's Restaurant & Bar, 6601 Lyndale Avenue (includes outside service) S.R. No. 267 E. Don Pablo's Operating, LLC, d/b/a Don Pablo's, 980 West 78th Street S.R. No. 268 F. Champps Operating Corporation, d/b/a Champps Americana, 790 West 66th Street (includes optional 2 a.m. closing) S.R. No. 269 G. Pizza Luce VII, Inc., d/b/a Pizza Luce, 800 West 66th Street (includes outside service and optional 2 a.m. closing) S.R. No. 270 Notes: 9. Public hearing and second reading of an ordinance amendment to the Richfield City Code Section 551 (Zoning: Official Map) to include Subsection 551.02; 77th Street Underpass Staff Report No. 271 Notes: 10.Public hearing regarding the: • Second reading of an ordinance modifying the electric franchise fee on Northern States Power d/b/a Xcel Energy for providing electric service within the City of Richfield; and • Second reading of an ordinance modifying the gas franchise fee on CenterPoint Energy for providing gas service within the City of Richfield; and • Approval of the resolutions authorizing summary publication of both ordinances Staff Report No. 272 Notes: 11.Public hearing and second reading of a transitory ordinance vacating a street right-of- way easement adjacent to and within the boundaries of 6401 Penn Avenue (Fire Station 2) Staff Report No. 273 Notes: RESOLUTIONS 12.Consideration of a resolution constituting an amendment to the Planned Unit Development, Conditional Use Permit and Final Development Plan for 6330 and 6400 Lyndale Avenue to allow up to 7,000 square feet of restaurant space Staff Report No. 274 Notes: 13.Consideration of the resolutions approving the 2013 Revised/2014 Proposed budget and tax levy and related resolutions Staff Report No. 275 Notes: CITY MANAGER'S REPORT 14.City Manager's Report Notes: 15.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: 16.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 December 5, 2013 Council Memorandum No. 115 The Honorable Mayor and Members of the City Council Subject: Presentation on the ULI Regional Indicators Initiative (Worksession Agenda Item No. 1) Council Members: Approximately two years ago, the City of Richfield was invited to participate in the ULI Regional Indicators Initiative. The project's goal is to provide cities with a system to measure their energy usage and water consumption. The initial group of twenty cities has now grown to forty. The data gathered from the original twenty cities spans four years. Recently, a website was launched which provides an interesting assessment of the data. It can be found at: http://regionalindicatorsmn.uli.org/. At the December 10, 2013 City Council work session, Rick Carter, Senior Vice President of LHB, Inc. and the project manager of this initiative, will be giving a short presentation about the ULI Regional Indicators project and an analysis of the data. R:alec Ily submit d, I y anager SLD:pd Email: Department Directors Assistant City Manager CITY COUNCIL MINUTES Richfield, Minnesota gee*Ced Special City Council Worksession November 26, 2013 CALL TO ORDER The meeting was called to order by Mayor Goettel at 5:47 p.m. in the Bartholomew Room. ROLL CALL Council Members Debbie Goettel, Mayor, Pat Elliott; Edwina Garcia and Tom Fitzhenry. Present: Council Member Sue Sandahl. Absent: Staff Present: Mike Eastling, Acting City Manager; Jim Topitzhofer, Recreation Services Director; Jeff Pearson, Transportation Engineer; and Cheryl Krumholz, Executive Coordinator. Item # I DISCUSSION REGARDING THE ORANGE LINE BRT I-494/1-35W STATION (COUNCIL MEMO NO. 109) Christina Morrison, BRT'/Small Starts Project Office, presented location alternatives for the Orange Line Buss Rapid Transit station in the area of the 1-494/1-35W interchange. She stated that after evaluation and technical study, the 494/35W Technical Advisory Committee recommended the Knox Avenue option for the Orange Line BRT as part of the 494/35W interchange vision layout. The City Council consensus was to agree with the Knox Avenue option. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:13 p.m. Date Approved: December 10, 2013 Debbie Goettel Mayor Cheryl Krumholz , Mike Eastling Executive Coordinator Acting City Manager CITY COUNCIL MINUTES Richfield, Minnesota '‘o ee City Concurrent y Council, HRA and Planning Commission Worksession November 26, 2013 CALL TO ORDER The meeting was called to order by Mayor Goettel at 6:15 p.m. in the Bartholomew Room. ROLL CALL Council Members Debbie Goettel, Mayor; Pat Elliott; Tom Fitzhenry; and Edwina Garcia. Present: Council Members Sue Sandahl. Absent: HRA Members Debbie Goettel and Mary Supple. Present: HRA Members Sue Sandahl, Chair, Doris Rubenstein; and David Gepner. Absent Planning Commission Rick Jabs, Chair; Daniel Kitzenberger; Susan Rosenberg; Gordon Members Present: Vizecky; and Tom Rublein. Planning Commission Josh Root and Dennis Schuller. Members Absent: Staff Present: Steven L. Devich, City Manager/Executive Director; John Stark, Community Development Director; Jim Topitzhofer, Recreation Services Director; and Cheryl Krumholz, Executive Coordinator. Item #1 DISCUSSION REGARDING THE ACADEMY OF HOLY ANGELS CAMPUS MASTER PLAN Tom Shipley, Gary Rufvold and Brian McCartan, Academy of Holy Angels (AHA), and Jay Fourniea, Opus, presented the Strategic Framework and Campus Master Plan for AHA, including the potential sale of property along Nicollet Avenue to a commercial developer. Mayor Goettel/HRA Commissioner expressed concern over the AHA's financial viability. Special Worksession Minutes -2- November 26, 2013 Community Development Director Stark explained that a number of City approvals, including Comprehensive Plan and Zoning District amendments would be required in order for this plan to move forward. City Manager/Executive Director Devich stated the discussion of AHA's proposed plan will continue to December 10, 2013. Council Member Garcia questioned the AHA's sustainability. She also requested the City Council hear from the public at the next discussion. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:58 p.m. Date Approved: December 10, 2013. Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota ge4ozed Re ular Meeting Regular 26, 2013 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:02 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Pat Elliott; Edwina Garcia; and Tom Fitzhenry. Members Absent: Sue Sandahl, Council Member. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; John Stark, Community Development Director; Jim Topitzhofer, Recreation Services Director; Wayne Kewitsch, Fire Services Director; Mary Tietjen, City Attorney; and Cheryl Krumholz, Executive Coordinator. M/Fitzhenry, S/Elliott to excuse the absence of Council Member Sandahl from the Special City Council Worksession; Special Concurrent City Council, HRA and Planning Commission Worksession and Regular City Council Meeting of November 26, 2013. Motion carried 4-0. OPEN FORUM Steph Miller, 6804 James Avenue, encouraged the City Council to do their due diligence in considering the proposed Academy of Holy Angels Campus Mater Plan. PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Garcia, S/Fitzhenry to approve the minutes of the (1) Special City Council Meeting of November 12, 2013; (2) Special City Council Worksession of November 12, 2013; (3) Regular City Council Meeting of November 12, 2013; and (4) Special City Council Closed Executive Session of November 18, 2013. Motion carried 4-0. Council Meeting Minutes -2- November 26,2013 Item #1 RECOGNITION OF CITIZENS AND ICE ARENA STAFF INVOLVED IN SUCCESSFUL CPR RESUSCITATION (COUNCIL MEMO NO. 110) Fire Services Director Kewitsch, Robert Ball, Operations Supervisor and PIO; and Dr. Brian Mahoney, M.D., HCMC EMS— Medical Director presented Certificates of Appreciation from the Fire Department and the American Heart Association Heartsaver Hero Award. Item #2 ANNUAL MEETING WITH THE COMMUNITY SERVICES COMMISSION Gerry Charnitz, Chair, presented the commission's annual report. Item #3 ANNUAL MEETING WITH THE TRANSPORTATION COMMISSION Marty Kirsch, Chair, presented the commission's annual report. Item #4 COUNCIL DISCUSSION • Schedule annual City Council and staff goalsetting session (Council Memo No. 112) • Schedule meeting with local legislators (Council Memo No. 112) • Schedule advisory commission interviews (Council Memo No. 112) • Hats Off to Hometown Hits Mayor Goettel requested potential dates be provided to them for consideration, including a Friday morning for the goalsetting, a breakfast meeting with the Legislators; and a Saturday morning for commission interviews. Council Member Fitzhenry provided a Noise Oversight Committee update. Council Member Garcia encouraged community participation in the proposed Academy of Holy Angels Campus Master Plan. Item #5 COUNCIL APPROVAL OF AGENDA M/Fitzhenry, S/Elliott to approve the agenda. Motion carried 4-0. Item #6 CONSENT CALENDAR A. Consideration of the approval of a resolution accepting a grant from the Target Corporation in the amount of$4,400 and donations from Modern Manufacturing & Engineering, Inc. ($750); Richfield Police Federation ($150); Martin Costello ($300); and Lisalan Thai of Counselor Realty ($150)for the Richfield Police Department Heroes and Helpers program S.R. No. 234 RESOLUTION NO. 10860 Council Meeting Minutes -3- November 26,2013 RESOLUTION AUTHORIZING RESOLUTION ACCEPTING DONATIONS DESIGNATED FOR THE RICHFIELD POLICE DEPARTMENT HEROES AND HELPERS PROGRAM This resolution appears as Resolution No. 10860. B. Consideration of the approval of the bid minutes/tabulation and award of a contract to Graymont (WI), LLC Company for the purchase of quick lime for water treatment in the amount of$216,790 ($154.85/ton) for 2014 S.R. No. 235 M/Fitzhenry, S/Goettel to approve the Consent Calendar. Motion carried 4-0. Item #7 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Item #8 CONSIDERATION OF THE SECOND READING OF AN ORDINANCE AMENDING SUBSECTION 544.13, SUBD. 6 RELATED TO PARKING REQUIREMENTS FOR RESTAURANTS SERVING MINIMAL ALCOHOL THAT ARE LOCATED WITHIN SHOPPING CENTERS S.R. NO. 236 Council Member Garcia presented Staff Report No. 236. M/Garcia, S/Fitzhenry that this constitutes the second reading of Bill No. 2013-22, amending Section 544.13, Subd. 6 of the Richfield City Code, relating to parking requirements for restaurants serving minimal alcohol that are located within shopping centers, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 4-0. Item #9 CONSIDERATION OF THE SECOND READING OF ORDINANCE 541.19 AMENDING NOISE ATTENUATION REQUIREMENTS FOR NEW RESIDENTIAL CONSTRUCTION IN THE 2007 60-62 AND 63 OR GREATER DNL CONTOURS AND A RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 514.19 NOISE ATTENUATION S.R. NO. 237 Council Member Fitzhenry presented Staff Report No. 237. M/Fitzhenry, S/Goettel that this constitutes the second reading of Bill No. 2013-23 amending Section 541.19 of the Richfield City Code, relating to noise attenuation requirements for new residential construction in the 2007 60-62 and 63 or greater DNL contours, 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. 10861 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING ORDINANCE 541.19 OF THE RICHFIELD CITY CODE TO AMEND NOISE ATTENUATION REQUIREMENTS FOR NEW RESIDENTIAL CONSTRUCTION IN THE 2007 60-62 AND 63 OR GREATER DNL CONTOURS Council Meeting Minutes -4- November 26,2013 Motion carried 4-0. This resolution appears as Resolution No. 10861. Item #10 CONSIDERATION OF A RESOLUTION REGARDING A SUBDIVISION WAIVER GRANTING THE DIVISION OF 7215 LOGAN AVENUE (A 150-FOOT WIDE LOT) INTO THREE 50-FOOT WIDE LOTS FOR THE CONSTRUCTION OF NEW SINGLE FAMILY HOMES S.R. NO. 238 Council Member Elliott presented Staff Report No. 238. M/Elliott to approve a resolution regarding a subdivision waiver granting the division of 7215 Logan Avenue (a 150-foot wide lot) into three 50-foot wide lots for construction of new single family homes, based upon discussion. The motion was not seconded. Nan Roen, 7220 Logan Avenue, spoke in opposition to the construction of three homes across the street from her due to additional traffic, parking and noise. Penny Gibson, 7226 Logan Avenue, spoke in opposition to the subdivision waiver for three house because the quality of life in the neighborhood needs to be preserved. Ray Kimal, 7214 Logan Avenue, spoke in opposition to the subdivision waiver for three houses due to the impact on the neighborhood. Joe Stratig, 7200 Logan Avenue, spoke in opposition to the subdivision waiver for three houses because the proposed lots and houses are out of character with the others in the neighborhood. Judith Stocker, 7308 Logan Avenue, spoke in opposition to the waiver for three houses because it is too close together and several trees would need to be removed. Ron Henry, 7233 Logan Avenue, submitted a petition in opposition to the subdivision for three houses because there is no substantial hardship and density is being exceeded. Sarah Barnett, 7227 Logan Avenue, expressed concern about the subdivision waiver changing the fabric of the community due to substandard lots. Erin Rykken, 7233 Morgan Avenue, expressed concern regarding smaller lot sizes not attracting families. Sue Nielsen, 7201 Morgan Avenue, spoke in opposition to the subdivision for three houses because it would be close together and there would be less green space. Terry Burns, executor of the property, spoke in support of the subdivision because there are other 50 foot lots in the City. The proposed homes are very nice and would increase the value of other homes in the neighborhood. He requested the City Council approve the subdivision. Dustin Endres, Endres Construction Homes, stated the City has authorized going under the lot threshold in other areas and the proposed homes have character and will fit nicely in the neighborhood. He stated the cost of constructing only two homes is unattainable. Council Member Elliott stated he did not support the subdivision waiver for three houses on 50 foot lots but would support two houses on 75 foot lots. City Attorney Tietjen explained each subdivision waiver application is reviewed on its own merit. Council Meeting Minutes -5- November 26,2013 Council Member Garcia stated she did not support the subdivision waiver for three houses because it violates the character of the neighborhood. She expressed support for two houses. Mayor Goettel stated she did not support three houses but could support two houses. Council Member Fitzhenry also expressed support for two houses, not three. Council Member Elliott made another motion. M/Elliot, S/Fitzhenry to deny the resolution regarding a subdivision waiver granting the division of 7215 Logan Avenue (a 150-foot wide lot) into three 50-foot wide lots for construction of new single family homes. Motion carried 4-0. Item #11 CITY MANAGER'S REPORT City Manager Devich reported on the launching of electronic City Council packets in January 2014. Item #13 CLAIMS AND PAYROLLS M/Fitzhenry, S/Garcia that the following claims and payrolls be approved: U.S. Bank 11/26/13 A/P Checks: 226736 - 227064 $ 1,416,920.55 Payroll: 97240— 97566; 42171 -42172 $ 590,457.29 TOTAL $ 2,007,377.84 Motion carried 4-0. OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 8:31 p.m. Date Approved: December 10, 2013 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY COUNCIL MEETING MINUTES RICHFIELD Richfield, Minnesota Special City Council Meeting December 3, 2013 CALL TO ORDER The meeting was called to order by Mayor Goettel at 6:02 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Pat Elliott; Sue Sandahl; Edwina Garcia; and Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; John Stark, Community Development Director; Jim Topitzhofer, Recreation Services Director; Wayne Kewitsch, Fire Services Director/Chief; Bill Fillmore, Municipal Liquor Operations Director; Todd Sandell, Public Safety Director/Chief; Pam Dmytrenko, Assistant City Manager; Chris Regis, Finance Manager; and Cheryl Krumholz, Executive Coordinator. Item #1 TRUTH IN TAXATION PUBLIC HEARING REGARDING 2014 PROPERTY TAX LEVY AND 2013 REVISED/2014 PROPOSED BUDGET AND PROPOSED 2014 WATER, WASTEWATER AND STORM SEWER UTILITY RATES (STAFF REPORT NO. 239) Mayor Goettel presented Staff Report No. 239. M/Sandahl, S/Fitzhenry to close the public hearing. Motion carried 5-0. M/Goettel, S/Sandahl to schedule final action on the levy, budget items, and utility rates, for the Regular City Council Meeting of December 10, 2013. Motion carried 5-0. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 6:13 p.m. Special Council Meeting Minutes -2- December 4,2012 Date Approved: December 10, 2013 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager AGENDA SECTION: CONSENT AGENDA ITEM# 3A REPORT# 240 STAFF REPORT eel MEETING CITY COUNCIL MEE NG DECEMBER 10, 2013 REPORT PREPARED BY: CHRIS REGIS,FINANCE MANAGER f NAME,TITLE DEPARTMENT DIRECTOR REVIEW: Er' 4Sit SIGNATURE OTHER DEPARTMENT REVIEW: iA REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the establishment of a proposed tax abatement for Ice Arena refunding and expansion and setting a public hearing. I. RECOMMENDED ACTION: By Motion: Approve a resolution calling for a public hearing on proposed property tax abatements for the City of Richfield's Ice Arena project. II. EXECUTIVE SUMMARY The City of Richfield is now the home of the Minnesota Magicians, a Tier II Junior A hockey team. To properly accommodate the team and to stay financially viable, a number of building improvements are warranted at the Ice Arena, These improvements include the construction of a dedicated locker room, lobby expansion, exhibit area/classrooms, and a training facility. These improvements will not only benefit the Minnesota Magicians, but other users as well that require additional space for large events. The estimated cost for these improvements is $2,100,000. It should be noted, that the above improvements do not include a parking lot expansion and/or stormwater improvements. However, the project may require these additional improvements, and if they are necessary, the estimated cost of the project will increase. To fund the improvements, the staff is recommending the issuance of General Obligation Tax Abatement bonds. In addition, to funding the needed improvements, the City would also refund the existing Rink 2 debt, which will provide debt service savings to the operation. In order to issue general obligation tax abatement bonds, a tax abatement must be established and a public hearing held. A public hearing is therefore scheduled for January 14, 2014. III. BASIS OF RECOMMENDATION A. BACKGROUND • Tax abatement is the ability to capture and use all or a portion of the property tax revenues within a defined geographic area. In practice it is a rebate rather than an exemption from paying taxes. • Property tax owners do not need to give permission to abate taxes. Abatement will not change the amount of taxes a property owner pays. • The abated parcels are not required to be adjacent to the planned improvement. Accordingly, staff is recommending creating a tax abatement utilizing a commercial property within the decertified ILN area. • At this time it is not anticipated that an abatement levy will be necessary due to the lease agreement with the Minnesota Magicians hockey team and expected improved revenues. B. POLICY • The establishment of a tax abatement is allowable under Minnesota State law. • Notification of the establishment of a tax abatement requires a public hearing with 10 to 30 day publication notice. C. CRITICAL TIMING ISSUES • Bids and the award of contract for just the locker room expansion were reviewed by the City Council at the November 12, 2013 meeting. • The public hearing is scheduled for January 14, 2014. D. FINANCIAL • The estimated par amount of the bonds to be issued is $3,100,000. This is made up of new debt for the new locker room, lobby expansion, exhibit area/classrooms, training facility, possible parking lot improvements,and refunding the existing debt of Rink 2. • The estimated net present value of the savings on the refunded portion is expected to be $58,029 or 7.86%. • Funding of the debt service will come from two sources. The locker room portion of the debt will be provided by a lease agreement with the Minnesota Magicians hockey team, while expected improved ice arena revenues will fund the other improvements and the refunded debt portion. E. LEGAL • None. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • N/A V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Rebecca Kurtz, Ehlers &Associates 3R- 1 RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED PROPERTY TAX ABATEMENTS FOR THE CITY OF RICHFIELD'S ICE ARENA PROJECT WHEREAS, Minnesota Statutes, Sections 469.1812 through 469.1815, both inclusive (the "Act"), authorizes the City of Richfield, Minnesota (the "City"), upon satisfaction of certain conditions, to grant an abatement of all or a part of the taxes levied by the City on certain property; and WHEREAS, the City is considering an abatement of the property taxes on parcels 33-028-24-43-0049 and 33-028-24-43-0050 for the purposes of current refunding the Gross Revenue Ice Arena Bonds, Series 1999, for interest savings, and financing public improvements to the Richfield Ice Arena; and WHEREAS, under Section 469.1813, subd. 2(a) of the Act, the City is authorized to use the abatement of taxes to pay for all or a part of the cost of projects having public benefits; and WHEREAS, the Act requires the City to hold a public hearing prior to adoption of a resolution granting any property tax abatements: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: i) Hearing. A public hearing on the consideration of granting a property tax abatement for current refunding the Gross Revenue Ice Arena Bonds, Series 1999, for interest savings, and financing public improvements to the Richfield Ice Arena will be held at the Richfield City Hall, 6700 Portland Avenue, at approximately 7:00 PM on January 14, 2014. ii) Notice. The City Clerk is hereby authorized and directed to cause notice of said hearing, to be given one publication in a newspaper of general circulation in the City more than 10 days but not more than 30 days before the hearing. The newspaper must be one of general interest and readership in the City, and must be published at least once per week. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of December, 2013. Debbie Goettel, Mayor Attest: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 3B REPORT# 241 m■al STAFF REPORT RICHFIELD CITY COUNCIL MEETING DECEMBER 10, 2013 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER li NAME,TITLE DEPARTMENT DIRECTOR REVIEW: SIGN URE OTHER DEPARTMENT REVIEW: -�j� ~ r f REVIEWED BY CITY MANAGER: C4 r i ,�tw_. . ITEM FOR COUNCIL CONSIDERATION: Consider approving a reimbursement resolution for proposed improvements at the City's Ice Arena. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing City staff to incur costs for proposed improvements at the City's Ice Arena. II. EXECUTIVE SUMMARY The City of Richfield is now the home to the metro area's new and only North American Hockey League Tier II Junior A team, the Minnesota Magicians. At the October 22, 2013 City Council meeting, the Council approved a reimbursement resolution in the amount of$700,000. This amount was to cover only the construction of a dedicated locker room for the Minnesota Magicians. Subsequent to that meeting, it was determined that the City should consider the expanded lobby, exhibit areas/classrooms, and training facility improvements as well. At this time cost estimates for the additional improvements are estimated to be $1,400,000. This additional cost estimate does not include parking lot expansion and/or stormwater improvements. The approval of a new reimbursement resolution will make all improvement costs eligible for reimbursement from the issuance of future bond proceeds. III. BASIS OF RECOMMENDATION A. BACKGROUND • The arrival of the Minnesota Magicians will has brought recognition to Richfield and will help the Ice Arena continue to prosper. • To accommodate a Tier II Junior A hockey team, improvements are necessary at the Richfield Ice Arena. • The additional improvements will allow the Ice Arena to be more competitive in attracting other events. B. POLICY • The Ice Arena operation is an important infrastructure asset of the City and the planned improvements will allow the operation to remain competitive well into the future. • In addition, to this resolution, the City will follow the requirements related to City Charter Section 8.04. C. CRITICAL TIMING ISSUES • The reimbursement resolution makes improvement costs eligible for reimbursement from the issuance of future bond proceeds. D. FINANCIAL • The estimated costs of all the improvements is $2,100,000, however, staff recommends setting the resolution amount at $3,100,000 since bids for all portions of the project have not been received at this date and there may be the requirement to expand the parking lot. By setting a higher amount this will give flexibility in case bids received are higher than the initial estimates and/or parking lot expansion may be necessary. • Setting the resolution amount at $3,100,000 does not commit the City to that amount, it serves as a not to exceed amount. • The bonds will be financed through an annual lease with the Minnesota Magicians. E. LEGAL • N/A F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS) • Delaying approval of the resolution will limit the City's ability to use bond proceeds towards costs associated with the project. V. ATTACHMENTS • Reimbursement resolution for Declaring the Official Intent of the City of Richfield to Reimburse Certain Expenditures from the Proceeds of Bonds to Be Issued by the City. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. RESOLUTION NO. 3 8 DECLARING THE OFFICIAL INTENT OF THE CITY OF RICHFIELD TO C CERTAIN N EXPENDITURES RES FROM THE PROCEEDS F BONDS TO BE REIMBURSE ISSUED BY THE CITY WHEREAS, the Internal Revenue Service has issued Treas. Reg. § 1.150-2 (the "Reimbursement Regulations") providing that proceeds of tax-exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; and WHEREAS, the City expects to incur certain expenditures that may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a tax- exempt bond; WHEREAS, the City has determined to make this declaration of official intent (the "Declaration") to reimburse certain costs from proceeds of bonds in accordance with the Reimbursement Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHFIELD AS FOLLOWS: 1. The City proposes to undertake the construction of improvements to the City's Ice Arena, including site preparation, engineering, design and construction (the "Project"). 2. The City reasonably expects to reimburse the expenditures made for certain costs of the Project from the proceeds of bonds in an estimated maximum principal amount of $3,100,000. All reimbursed expenditures will be capital expenditures, costs of issuance of the bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Reimbursement Regulations. 3. This Declaration has been made not later than 60 days after payment of any original expenditure to be subject to a reimbursement allocation with respect to the proceeds of bonds, except for the following expenditures: (a) costs of issuance of bonds; ((b) costs in an amount not in excess of $100,000 or 5 percent of the proceeds of an issue; or c) "preliminary expenditures" up to an amount not in excess of 20 percent of the aggregate issue price of the issue or issues that finance or are reasonably expected by the City to finance the project for which the preliminary expenditures were incurred. The term "preliminary expenditures" includes architectural, engineering, surveying, bond issuance, and similar costs that are incurred rior to commencement of acquisition, construction or rehabilitation of a project, other than land acquisition, site preparation, and similar costs incident to commencement of construction. 4. This Declaration is an expression of the reasonable expectations of the City based on the facts and circumstances known to the City as of the date hereof. The anticipated original expenditures for the Project and the principal amount of the bonds described in paragraph 2 are consistent with the City's budgetary and financial circumstances. No sources other than proceeds of bonds to be issued by the City are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside pursuant to the City's budget or financial policies to pay such Project expenditures. 5. This Declaration is intended to constitute a declaration of official intent for purposes of the Reimbursement Regulations. Approved by the City Council of the City of Richfield this 10th day of December, 2013. CITY OF RICHFIELD, MINNESOTA ATTEST: Debbie Goettel, Mayor Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 3C REPORT# 242 STAFF REPORT gech‘teel CITY COUNCIL MEETING DECEMBER 10, 2013 REPORT PREPARED BY: CHRIS REGIS,FINANCE MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE OTHER DEPARTMENT REVIEW: SIGNATU REVIEWED BY CITY MANAGER: [� ' 11/1-41 SIM ITEM FOR COUNCIL CONSIDERATION: The approval of a resolution allowing an amendment to the City's Regulatory Agreement related to the redemption and prepayment of the City's $10,400,000 Variable Rate Demand Multifamily Housing Revenue Bonds (Woodlake Richfield Apartments, LLC Project) Series 2011. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution allowing an amendment of the City's Regulatory Agreement related to the redemption and prepayment of the City's $10,400,000 Variable Rate Demand Multifamily Housing Revenue Bonds (Woodlake Richfield Apartments, LLC Project) Series 2011. II. EXECUTIVE SUMMARY On September 13, 2011, the City Council approved a resolution authorizing the issuance, sale and delivery of the City's $10,400,000 Variable Rate Demand Multifamily Housing Revenue bonds on behalf of Woodlake Richfield Apartments, LLC. The bonds were issued to finance a portion of the acquisition, construction, and equipping of an approximately 110,000 square foot multifamily rental housing development known as Lyndale Plaza Apartments consisting of 94 units of market rate and affordable apartments. This project was completed in November 2012. 436059v1 JAE RC125-297 The City served as a conduit for the Project financing. The bonds were issued in the City's name, but they were not a charge against the City's general credit or taxing powers. As part of the financing, the City entered into a Regulatory Agreement with Woodlake Richfield Apartments, LLC that required the borrower to maintain certain income and rent requirements. The requirements must remain in place for a period of fifteen (15) years. At this time, Woodlake Richfield Apartments, LLC wishes to refinance the existing Series 2011 bonds with a conventional Housing and Urban Development (HUD) loan. However, HUD requires an amendment to the City's Regulatory Agreement that subordinates the City's interests in the Regulatory Agreement to the interests of HUD before they will fund the loan. The amendment to Regulatory Agreement continues to allow the City to enforce the income and rent restrictions found in the Regulatory Agreement. The HRA staff will be ensuring compliance with the income and rent restrictions, as these same restrictions are also required by the Contract for Private Development, dated August 15, 2011, between the HRA and Woodlake Richfield Apartments, LLC III. BASIS OF RECOMMENDATION A. BACKGROUND • N/A B. POLICY • The City's conduit bonds are being redeemed and prepaid. • HUD, within their loan requirements, has much more restrictive covenants regarding occupancy and rent than the City does within its Regulatory Agreement. C. CRITICAL TIMING ISSUES • Woodlake Richfield Apartments has tentatively scheduled December 12, 2013 for the closing of the HUD loan. D. FINANCIAL • The City will not incur any financial liability as a result of the refinancing with HUD by Woodlake Richfield Apartments, LLC. E. LEGAL • City staff has worked with the City Attorney in this matter. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • None. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Julie Eddington, Kennedy & Graven, Chartered. 436059v1 JAE RC125-297 3C - I THE CITY OF RICHFIELD,MINNESOTA RESOLUTION NO. RESOLUTION APPROVING AN AMENDMENT TO THE REGULATORY AGREEMENT RELATED TO CONDUIT BONDS ISSUED FOR THE BENEFIT OF WOODLAKE RICHFIELD APARTMENTS,LLC WHEREAS, the City of Richfield, Minnesota (the "City") issued its Variable Rate Demand Multifamily Housing Revenue Bonds (Woodlake Richfield Apartments, LLC Project), Series 2011 (the "Bonds"), in the original aggregate principal amount of$10,400,000, the proceeds of which were loaned to Woodlake Richfield Apartments, LLC, a Minnesota limited liability company (the "Borrower"), pursuant to a Loan Agreement, dated as of October 1, 2011 (the "Loan Agreement"), between the City and the Borrower, for the purposes of financing the acquisition, construction, and equipping of a 94-unit multifamily housing rental development located at 6401-6429 Lyndale Avenue South in the City (the "Project"); and WHEREAS, the Bonds were issued by the City pursuant to an Indenture of Trust, dated as of October 1,2011 (the"Indenture"), between the Issuer and U.S. Bank National Association, as trustee(the "Trustee"),and Minnesota Statutes, Chapter 462C,as amended(the"Act"); and WHEREAS, the Issuer, the Trustee, and the Borrower entered into a Regulatory Agreement, dated as of October 1, 2011 (the "Regulatory Agreement"), which set forth the terms of the Borrower's compliance with Section 142(d) of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable Treasury Regulations promulgated thereunder;and WHEREAS, the Borrower has determined to refinance the Project and the Bonds and has obtained financing (the "Mortgage Loan") from Oak Grove Commercial Mortgage, LLC (the "Lender"), which will be secured by a Multifamily Mortgage, Assignment of Leases and Rents (the "Security Instrument") from the Borrower to the Lender and insured by the United States Department of Housing and Urban Development("HUD"); and WHEREAS, as a condition to receiving financing from the Lender, HUD has required that the Regulatory Agreement be subordinated to the lien, covenants, and enforcement of the Security Instrument; and WHEREAS, there has been presented to the City Council the Amendment to Regulatory Agreement (the "Amendment to Regulatory Agreement") proposed to be entered into between the City and the Borrower, pursuant to which the City will agree to subordinate the Regulatory Agreement to the Security Instrument. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Richfield,that: 1. The City Council hereby approves the subordination of the Regulatory Agreement to the Security Instrument,pursuant to the terms of the Amendment to Regulatory Agreement. 2. The Amendment to Regulatory Agreement presented to the City Council and on file with the City Clerk is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager;provided that execution of such document by such officials shall be conclusive evidence of approval. 436069v1 JAE RC125-290 3C x 3. The Mayor and City Manager are hereby authorized to execute the Amendment to Regulatory Agreement on behalf of the City and to carry out on behalf of the City the City's obligations thereunder. Adopted by the City Council of the City of Richfield,Minnesota this 10th day of December, 2013. Debbie Goettel,Mayor ATTEST: Nancy Gibbs,City Clerk 2 436069v1 JAE RC125-290 AGENDA SECTION: CONSENT AGENDA ITEM# 3D REPORT# 243 STAFF REPORT RICHFIELD CITY COUNCIL MEETING DECEMBER 10, 2013 REPORT PREPARED BY: ELIZABETH FINNEGAN, CIVIL ENGINEER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: ®� *151- SIGNATURE OTHER DEPARTMENT REVIEW: [J N/A SIGNATURE REVIEWED BY CITY MANAGER: LL.1 ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contract to All Metro Excavating, Inc. for the Richfield Parkway (17th Avenue) home demolitions. I. RECOMMENDED ACTION: By Motion accept the quotes/tabulation and award contract to All Metro Excavating, Inc. in the amount of$115,000 for the Richfield Parkway (17th Avenue) home demolitions. II. EXECUTIVE SUMMARY Consistent with City Council direction, the Capital Improvement Plan, and the City's Comprehensive Plan, staff is working towards the completion of the North Richfield Parkway Project (65th to 63rd Street) scheduled to begin in the spring of 2014. In order to keep the project on schedule and to limit vandalism to the vacant homes along 17th Avenue, demolition contractors were contacted for quotes to remove the homes as soon as possible. Quotes for the demolition of the North Richfield Parkway homes were received on November 27, 2013. All Metro Excavating, Inc. was the lowest responsible contractor to submit a quote (quote tabulation attached). 12102013RichfieldPkwyHomeDemo III. BASIS OF RECOMMENDATION A. BACKGROUND • The demolition of the homes is part of the Richfield Parkway Project (65th to 63rd Street) approved by City Council on February 12, 2013. • The estimated cost of the house demolitions was $93,500. • The demolition of the homes is scheduled to be complete by January 15, 2014. • All Metro Excavating, Inc. is an experienced demolition company that has completed other home demos within the City of Richfield. B. POLICY • The replacement of Cedar Avenue by a new Richfield Parkway is identified in the Comprehensive Plan (6-19). • The City may obtain quotes for the work instead of sealed bids if the estimate for the contract is under $100,000. • Council approval is required for expenditures over $100,000. C. CRITICAL TIMING ISSUES • The acceptance of the quote tabulation and the award of contract will allow the home demolitions and the road project to stay on schedule for spring of 2014. D. FINANCIAL • The Engineer's Opinion of Cost for demolition was $93,500. • Three quotes were received for construction; the low quote was $115,000 • The bulk of the project will be funded by proceeds from 2013A General Obligation Improvement Bonds. E. LEGAL • Under state statute, the City may obtain quotes, rather than conduct competitive bidding, when there is a good-faith estimate that the amount of the contract will exceed $25,000 but not $100,000. • The City attorney will be available to answer questions. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council may choose not to award the contract and direct staff how to proceed. V. ATTACHMENTS • Quote tabulation • Contract • Graphic of homes to be removed VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. 3J - 1 Richfield Parkway 63rd to 65th Home Demolition QUOTE TABULATION SHEET Quotes Received: November 23, 2013 by 10:00 a.m. Vender Total Base Quote 1 . All Metro Excavating, Inc. $115,000 2. Bollig & Sons, Inc. $120,375 3. Kamish Excavating, Inc. $137,400 CONTRACT FOR DEMOLITION OF Richfield Parkway 65t" to 63rd Street Homes (17th Avenue) THIS CONTRACT is made and entered into this 10th day of December 2013, by and between All Metro Excavating, Inc. (the "Contractor") and The City of Richfield, Minnesota (the "City") (collectively, the "Parties"), for the demolition of buildings located at 6314 17th Avenue South, 6320 17th Avenue South, 6326 17th Avenue South, 6332 17th Avenue South, 6338 17th Avenue South, 6344 17th Avenue South, 6400 17th Avenue South, 6408 17th Avenue South, 6432 17th Avenue South, 6438 17th Avenue South, 6444 17th Avenue South, Richfield, MN 55423. RECITALS WHEREAS, the City requires the demolition of the buildings at 6314 17th Avenue South, 6320 17th Avenue South, 6326 17th Avenue South, 6332 17th Avenue South, 6338 17th Avenue South, 6344 17th Avenue South, 6400 17th Avenue South, 6408 17th Avenue South, 6432 17th Avenue South, 6438 17th Avenue South, 6444 17th Avenue South, Richfield, MN. (the "Work"). WHEREAS, the City has awarded the Work to the Contractor; and WHEREAS, the Contractor represents that it has the necessary personnel, experience, competence, and legal right to perform the Work. NOW, THEREFORE, in consideration of the mutual obligations of the Parties hereto, each of them does hereby covenant and agree as follows: Section 1. Definitions "Asbestos" means any material containing more than one percent asbestos, which is friable, releasing asbestos fibers into the air, above current levels established by the United States Occupational Safety and Health Administration. "Contract" or "Agreement" means this agreement between the City and Contractor for the performance of the Work, together with all exhibits, amendments, or modifications to the Contract. "Destructive Report" means a hazardous materials abatement inventory prepared to assist in establishing the scope of the Work. "Final Completion" means all items of the Work, "punch list items" and site work are completed and Contractor is eligible for Final Payment. "Hazardous Materials" means asbestos, PCBs, petroleum hazardous waste, radioactive material, or any other hazardous materials or hazardous wastes within the meaning of City, State of Minnesota, or Federal definitions of hazardous materials or hazardous waste. "Owner" means the City of Richfield, Minnesota. 3 - 3 "Property" means 6314 17th Avenue South, 6320 17th Avenue South, 6326 17th Avenue South, 6332 17th Avenue South, 6338 17th Avenue South, 6344 17th Avenue South, 6400 17th Avenue South, 6408 17th Avenue South, 6432 17th Avenue South, 6438 17th Avenue South, 6444 17th Avenue South, Richfield, MN 55423. "Substantial Completion" means the time at which the City determines that the Work has progressed to a point where it is sufficiently complete, leaving only minor "punch list" and close out items and other minor site work required to be completed for full payment of the contract price. "Work" means the entire completed demolition, and all other activities to be performed by Contractor on the Property as provided for in the Contract. Section 2. General Requirements 2.1. Rights of the City. The City reserves the right to reject any or all proposals or parts of proposals, to accept part or all of proposals on the basis of considerations other than lowest cost, and to create a project of lesser or greater expense and reimbursement than described in this Contract. The City also reserves the right to cancel the Contract without penalty, if circumstances arise which prevent the City from completing the project. 2.2. Interest of Members of City. The Contractor agrees that no member of the governing body, officer, employee, or agent of the City shall have any interest, financial or otherwise, direct or indirect, in the Contract. 2.3. Equal Opportunity Statement. Contractor agrees to comply with the provisions of all applicable federal, state, and City of Richfield statutes, ordinances, and regulations pertaining to civil rights and nondiscrimination including without limitation Minnesota Statutes, Section 181.59 as amended, incorporated herein by reference. 2.4. Transfer of Interest. The Contractor shall not assign any interest in the Contract, and shall not transfer any interest in the same either by assignment or novation, without the prior written approval of the City, provided, however, that claims for money due or to income due to the Contractor may be assigned to a bank, trust company, or other financial institution, or to a Trustee in Bankruptcy without such approval. Notice of any such assignment or transfer shall be furnished to the City. Notwithstanding the foregoing, Contractor shall be entitled to use subcontractors to perform the Work. 2.5. Independent Contractor. Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Contractor shall at all times remain an independent contractor with respect to the services to be performed under this agreement. The City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers Compensation Insurance as the Contractor is an independent contractor. 30-11 2.6. Hold Harmless. The Contractor agrees to defend, indemnify and hold harmless the City , its officers, elected officials, employees, and agents from any liabilities, claims, damages, costs, judgments, and expenses, including attorney's fees, resulting directly or indirectly from an act or omission of the contractor, its employees, its agents, or employees of subcontractors, in the performance of the services provided by this contract or by reason of the failure of the contractor to fully perform, in any respect, all of its obligations under this Contract. 2.7. Accounting Standards. The Contractor agrees to maintain the necessary source documentation and enforce sufficient internal controls as dictated by normally accepted accounting practices to properly account for expenses incurred under this contract. 2.8. Retention of Records. The Contractor shall retain all records pertinent to expenditures incurred under this Contract for a period of three years after the resolution of all audit findings. Records for non-expendable property acquired with funds under this contract shall be retained for three years after final disposition of such property. 2.9. Disclosure. The Contractor agrees to comply with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state and federal laws relating to data privacy or confidentiality, as those laws may be amended. The Contractor shall immediately report to the City any requests from third parties for information relating to this agreement. All data created, collected, received, stored, used, maintained, or disseminated by the Contractor in performing its obligations is subject to the requirements of the Act, and the Contractor must comply with those requirements as if it were a government entity. The City agrees to promptly respond to inquiries from the Contractor concerning data requests. The Contractor agrees to hold the City, its officers, elected officials, employees, and agents harmless from any claims resulting from the Contractor's failure to disclose data maintained by the Contractor and authorized for release by the City, and from Contractor's unlawful disclosure or use of data protected under state and federal laws. Section 3. Contract Price 3.1. Upon compliance with all the requirements of this Contract, Contractor shall be paid the Contract Price of$115,000, pursuant to Section 28 of this Contract. Section 4. Project Schedule 4.1. Contractor shall commence the Work after contract execution and Substantial Completion of the Work shall be achieved no later than January 15, 2014. Section 5. Local Permit Requirements and Related Submittals 5.1. Contractor shall obtain permits required by the City of Richfield, including a plumbing permit (for water & sanitary sewer disconnects), demolition permit and an excavation permit. Questions about the plumbing and demolition permit, permit 30- 5 fees, and the scheduling process for the required inspections should be directed to the Building Inspections Department at the Richfield Municipal Center (612-861- 9816). Questions about the excavation permit, permit fees, and the scheduling process for the required inspections should be directed to the Engineering Department at the Richfield Maintenance Facility (612-861-9793). The Owner shall provide evidence of a Destructive Report and subsequent Hazardous Materials Abatement for each property. 5.2. No less than 2 days prior to beginning the Work, the Contractor shall provide: - Description of proposed dust and noise control measures for the Property. 5.3. Upon completion of the Work, Contractor shall provide: - Copies of any permits required by government agencies other than the City of Richfield, such as transport or disposal permits. - Copies of any test results required by government agencies other than the City of Richfield, including but not limited to testing required as part of the asbestos abatement process. - Copies of all landfill records indicating receipt and acceptance of hazardous wastes by a landfill licensed to accept hazardous wastes. Section 6. Job Conditions - General 6.1. Contractor will disconnect and abandon utilities serving the Property, including water, sanitary sewer, electricity, gas and telecommunications; or arrange for disconnection and abandonment of same. Contractor shall not begin work before field-verifying that disconnection and abandonment has been completed. 6.2. Owner shall ensure that the buildings will be vacated and use of the property will be discontinued prior to start of work. 6.3. Owner assumes no responsibility for actual condition of structures to be demolished. Conditions existing at time of inspection for bidding purposes will be maintained by Owner to the extent practicable. Contractor may salvage any and all materials and equipment from the Property. Variations within structures may occur due to removal and salvage operations prior to the start of demolition work. 6.4. This is a lump sum contract. Contractor must immediately contact Owner prior to exceeding the Contract Price set out in Section 3.1. Change orders for additional payment will not be granted due to the Contractor underestimating quantities of material(s). 6.5. Contractor shall provide all labor, materials, equipment, employee training, compliance with all regulations, permits, notifications, licenses and agreement necessary to perform the work described in this Contract. 30 "Lo 6.6. All materials from undertaking the Work shall become the property and responsibility of the Contractor. 6.7. Contractor may choose to salvage materials and equipment. Any salvaged items must be removed from the Property in a timely manner as they are salvaged. On site storage or sale of salvaged items is prohibited. 6.8. The use of explosives and on site burning by the Contractor are prohibited. 6.9. Contractor shall provide water, electricity, communications and toilet facilities on site as necessary to complete the work. 6.10. Contractor shall provide and maintain uninterrupted vehicular access to the Property, including temporary demolition facilities, storage and work areas, for not only persons and equipment involved in the project but also emergency vehicles. 6.11. Contractor shall keep fire hydrants and water control valves free from obstruction and accessible for use. 6.12. Contractor shall take all necessary safeguards to prevent damage or injury to neighboring property. 6.13. Prior to closing or rerouting existing traffic lanes or sidewalks in any public street easement or right-of-way adjacent to streets, the Contractor shall obtain written permission from the City Engineer. Expenses related to lane closures, including but not limited to traffic barriers, signs and similar equipment as well as traffic control personnel, shall be the responsibility of the Contractor. Section 7. [Left Blank] Section 8. [Left Blank] Section 9. Demolition 9.1 Owner has not conducted any testing to determine the extent of lead based paint. Contractor shall conduct demolition in compliance with any state or federal regulations governing demolition of structures containing lead based paint. 9.2. Contractor shall use water sprinkling, temporary enclosures and other suitable methods to limit dust and dirt rising and scattering in air. Contractor shall comply with any and all governing regulations pertaining to environmental protection. Contractor shall not use water when it may create hazardous or objectionable conditions such as flooding or pollution. 9.3. Contractor shall clean adjacent structures and improvements of dust, dirt and debris caused by demolition operations and return adjacent areas to condition existing prior to start of work. 3 cr) 9.4. Contractor shall demolish buildings, other structures, improvements, and landscaping completely and remove all debris from the Property. Contractor may use such methods as required to complete the work subject to the limitations of governing regulations. 9.5. Contractor shall proceed with demolition in a systematic manner, from top of structures to ground, and will complete demolition work above each floor or tier before disturbing supports on lower levels. 9.6. Contractor shall locate demolition equipment throughout the building and remove materials so as to not impose excessive loads to supporting walls, floor or framing. 9.7. Contractor shall provide and maintain interior and exterior shoring, bracing or other structural support to preserve structural stability and prevent movement, settlement or collapse of the building. 9.8. Contractor shall break up any concrete slabs-on-grade and remove from the Property. 9.9. Contractor shall demolish footings, foundation walls, tunnels and other below-grade structures and remove from the Property. 9.10 Contractor shall provide certificate of well abandonment if required. Section 10. Debris Control 10.1. Contractor shall maintain the Property free of extraneous debris. 10.2. Contractor shall prohibit overloading of trucks to prevent spillage on access and haul routes. 10.3. Contractor shall maintain a sweeping and clean-up program to prevent deposition, release and disbursal of soils and debris onto paved surfaces. Section 11. Disposal 11.1. Contractor shall move from the Property all debris, rubbish and other materials resulting from demolition operations. 11.2. Contractor shall transport materials from the Property and legally dispose of them off-site in accordance with governing regulations. Section 12. Earthwork 12.1. Contractor shall rough grade the Property per City Engineer, after completing all abatement and demolition activities; taper edges of all excavated areas to minimize slope of 4 to 1, keeping soil disturbance to a minimum. 3O-S Section 13. Excusable Delays 13.1. The following circumstances, and only these circumstances, will, at the City's discretion, be considered legitimate cause for a change in the commencement and/or completion dates specified in Section 4 of this Agreement: a. Material delay -- material delays that are beyond the control of the Contractor, which can be shown to have directly caused the overall late completion. b. Adverse weather and emergency conditions -- weather or emergency conditions that directly affect the scheduling of exterior work over a significant portion of the term of this Agreement. c. Strikes -- Contractors who face union work stoppage in the case where they have to rely on such a work force in order to complete the Work. d. Amendments -- amendments in the original scope of work, as approved by the City, which can be reasonably shown to require an extension of the time allowed for completion. e. Other delays — act or neglect of the Owner, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work or by unavoidable casualties or other causes beyond the Contractor's control. Section 14. Change Order 14.1. The City shall have the right, within the general scope of the Work and without notice to any surety or sureties of the Contractor, if any, to make changes in the Work, either by altering the nature of the same or by adding to or deducting from it. All changes shall, except in the case of emergencies endangering the safety of persons or property, be made by written Change Order. The parties shall determine the effect of any Change Order on the Contract Price and project schedule by mutual agreement. The Contractor shall promptly comply with any and all written Change Orders. No such Change Order shall be deemed to invalidate the remaining terms and conditions contained in the Contract. Section 15. Waiver of Liability 15.1 It is agreed that the Work is undertaken at the sole risk of the Contractor. The Contractor does expressly forever release the City of Richfield from any claims, demands, injuries, damage actions, or causes of action whatsoever, arising out of or connected with the Work. Section 16. Indemnification 3U-61 16.1. Any and all claims that arise or may arise as a consequence of any act or omission on the part of the Contractor, its agents, servants, or employees while engaged in the performance of the Work shall in no way be the obligation or responsibility of the City of Richfield. The Contractor shall indemnify, hold harmless, and defend the City of Richfield, its commissioners, council members, officers, employees, successors, and assigns against any and all liability, loss, cost, damages, expenses, claims, or actions, including attorney's fees which the City of Richfield, its commissioners, council members, officers, or employees may hereinafter incur or be required to pay on account of injury to or death of any person or persons or damage to any property arising out of or by reason of any act or omission of the Contractor, its agents, servants, or employees in the execution, performance, or failure to adequately perform its obligations under this Agreement, whatever the cause of such injuries or damage. Section 17. Insurance 17.1. The Contractor agrees that in order to protect itself, and the City of Richfield under the indemnity provisions set forth in Section 16 of this Agreement, it will at all times during the term of this Agreement, maintain, at a minimum, the following insurance policies: a. Workers Compensation Insurance. The Contractor shall maintain worker's compensation insurance in compliance with all applicable statutes including Chapter 176 of the Minnesota Statutes. Such policy shall include Employer's Liability Coverage and at least such amount(s) as are customarily provided in worker's compensation policies issued in Minnesota. Contractor further agrees to require all subcontractors and independent contractors to maintain worker's compensation insurance in compliance with all applicable statutes and to monitor the compliance of such subcontractors and independent contractors with the applicable statutes. b. Commercial General Liability Insurance. The Contractor shall maintain Occurrence Based Commercial General Liability Insurance ("CGL"), providing coverage on an "occurrence", rather than on a "claims made" basis. The policy shall cover liability arising from premises, operations, products-completed operations, personal injurty, advertisig The Contractor agrees to maintain total liability policy limits of at least One Million Dollars ($1,000,000), which total limits may be satisfied by the limits afforded under its Occurrence Based CGL policy as specified above, or by such policy in combination with the limits afforded by an Umbrella Liability Policy (or policies) provided, however, that the coverage afforded under any such Umbrella Liability Policy shall be at least as broad as that afforded by the underlying occurrence based CGL Policy as specified above. c. Automobile Liability Insurance. The Contractor shall maintain automobile liability insurance covering liability for Bodily Injury and • Property Damage arising out of the ownership, use, maintenance, or operation of all owned, non-owned, and hired automobiles and other motor vehicles. Such policy shall provide total liability limits for combined Bodily Injury and/or Property Damage in the amount of at least One Million Dollars ($1,000,000) per accident, which total limits may be satisfied by the limits afforded under such policy, or by such policy in combination with the limits afforded by an Umbrella Liability Policy (or policies) provided, however, that the coverage afforded under any such Umbrella Liability Policy shall be at least as broad as that afforded by the underlying automobile liability insurance policy. The City of Richfield shall be named as "additional insured" parties with respect to the insurance policies specified in (b) and (c) above. The Contractor shall not commence work until a Certificate of Insurance evidencing all of the insurance policies required above is approved by the City and its attorney and a written Notice to Proceed is issued by an authorized representative of the City. The City shall, at any time during the term of this agreement, have the right to require that the Contractor secure any additional insurance, or additional feature to existing insurance, as the City may reasonably require for the protection of its interests or those of the public. It is expressly understood that the City does not in any way represent that the minimum insurance coverage set forth in this paragraph is sufficient or adequate to protect the interest or liabilities of the Contractor. Section 18. Bond 18.1. Payment and performance bonds for the Work shall be required pursuant to Minn. Stat. § 574.26. Section 19. Lien Waiver 19.1. Neither the Contractor nor any subcontractor or other person or entity furnishing labor, equipment, or materials in connection with the Work shall file any mechanic's lien against the City's buildings, structures or land or any part thereof, provided that the City makes all payments due to Contractor under this Contract. The Contractor shall protect, defend, indemnify, and hold harmless the City of Richfield from any and all claims, demands, or actions of whatever nature arising out of work, labor, equipment, or materials furnished by the Contractor or its subcontractors in connection with the Work, provided that the City makes all payments due to Contractor under this Contract. Payment of the Contract Price shall not be due until the Contractor has delivered to the City lien waivers acceptable to the City, which release the City from all liens that may arise in connection with the Work. The Contractor shall list on the attached Exhibit A the names of all suppliers and/or subcontractors that will provide materials, services, or labor in connection with the Work. The Contractor will notify the City of any changes in this list prior to the commencement of the Work. 3 - 11 Section Section 20. Subcontractors 20.1. Contractor agrees to bind every subcontractor by the terms, conditions, and provisions set forth in the Contract that are applicable to the subcontractor's work, unless otherwise specifically agreed otherwise in writing by the City. 20.2. Contractor agrees to pay every subcontractor within 10 days of receipt of payment from the City pursuant to Minn. Stat. § 471.425. Contractor must pay 1-1/2% interest to subcontractor on any undisputed amounts not paid on time. Section 21. Assignment 21.1. This Contract shall be binding upon the Contractor, its legal representatives, heirs, successors, and assigns. No assignment or attempted assignment of this Contract or any rights hereunder shall be effective unless the written consent of the City is first obtained. No such assignment, even if consented to by the City, shall relieve the Contractor from liability under this Contract for the performance and completion of the Work in accordance with the Contract. Notwithstanding the foregoing, Contractor shall be entitled to use subcontractors to perform the Work. Section 22. Entire Agreement 22.1. The Contract contains all the terms, conditions, and provisions pertaining to the Work to be completed by the Contractor, there being no other understandings, agreements, or warranties, express or implied. All prior negotiations and dealings regarding the subject matter of the Agreement are superseded by and merged into the Contract. Section 23. Applicable Law 23.1. This Contract shall be construed in accordance with and governed by the laws of the state of Minnesota. Section 24. Amendment 24.1. This Contract may be modified or amended only with the written approval of the City and the Contractor. Section 25. Construction 25.1. In the event that any one or more of the provisions of this Contract, or any application thereof, shall be found to be invalid, illegal, or otherwise unenforceable, the validity, legality, and enforceability of the remaining provisions or any application thereof shall not in any way be affected or impaired thereby. Section 26. Authority 26.1. Each of the undersigned parties warrants that it has the full authority to execute this Contract, and each individual signing this Contract on behalf of a corporation hereby warrants that he or she has full authority to sign on behalf of the corporation and that he or she represents and binds such corporation thereby. Section 27. Waiver 27.1. No failure by the City to insist upon the strict performance of any covenant, duty, agreement, or condition contained in this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or any other covenant, agreement, term, or condition, nor does it imply that such covenant, agreement, term, or condition may be waived again. Section 28. Payments to Contractor and Completion 28.1. The Contractor shall be paid upon completion of the Work in accordance with the payment schedule of the City, if any, and this section. 28.2. Application for Payment. Prior to receiving payment for Substantial Completion of the Work, the Contractor shall in writing state that the respective portion of the Work has been substantially completed and is free and clear of all liens as provided in this Contract. Upon Substantial Completion and inspection and verification by the City, the payment for that portion of the Work shall be made. Final payment shall be made when Contractor certifies that Final Completion has been achieved and verified by the City. It is further agreed, anything to the contrary notwithstanding, that the City of Richfield, City Council and its agents or employees shall not be personally liable or responsible in any manner to the Contractor, Subcontractors, material men, laborers or to any person or persons whomsoever for any claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and improvement provided herein. Dated at Richfield, Minnesota, this tenth (10th) day of December, 2013. Signatures for ALL METRO EXCAVATING, INC. (Contractor) By Its Signatures for the CITY OF RICHFIELD, MINNESOTA By Debbie Goettel, Mayor By Steven L. Devich, City Manager 3D- 0 EXHIBIT A LIST OF SUPPLIERS AND SUBCONTRACTORS NONE RICHFIELD PARKWAY 31)-1 q ,* 1 ,.- -__ ti V,W 0 N V v V 50 50 55.13 61.13 50 50 50 50 50 50 60 60 60 61.13 60 60 60 60 60 60 60 60 ° U 58. 50 50 61.13 46.13 49.5 49.5 49.5 49.5 49.5 49.5 49.5 49.5 49.5 49.5 60 CD) 1 c� . . 873-J__ W_ _ _ ;13 _ _ f. _ _L73 (2 (.a1 Future Regional Trail•W (-75 W _ A co W W W O {+ V .'"---.1 ^_J W .-. W 5 .- � O W W W N N •--.1-` A U1 O W O C N 10 N W W J O V W W h CD LT ? ? A W . 1 h h - d V V V V V V � -. M :p IN j' j o m m v N o� J n w ia W (F'7 Connection to MPLS ;N � (Funded for 2014) 50 50 61.4 46.46 49.5 49.5 49.5 49.5 49.5 49.5 49.5 49.5 49.5 49.5 60 61.45 60 60 60 60 60 60 60 60 :i F1 56.4 HE 1 1 CO MI NN Future Redevelopment Area 1 �TH /\\/ _,___ 75 75 75 75 75 75 75 75 75 76.6 75 75 75 75 75 75 75 m 1 1 ' 75 75 .-=',."c. r coo ooc A rnw VN a� vw Wppv o W �o V Co r4 I w V a °'01V/ER ON°5 S CoONJ °A-.JDN" 75 76 . ■ s -� [� r� (/� fly +^� t 576.65 NA f �� 4u_V \I° SECOND ^-AD Lam}�� 184.3 •P ? V u u O 'p-' .,N --.W �1 P CA�^ i0 Q% A -O N _- 1.] •W Ul j LT } 75 75 75 75 75 75 75 75 75 75 75 ■ • •• -- � ��' i 77.17 M r _ _ - ,mar 7r= ��W��•� la `i■IitI■ r►\YAYaY 759.14 337.99 5, 77.3 t c) V •z Richfield Parkway Project Area 24.46 Future Richfield Future Regional Trail Parkway Connection N 0 r N Connection to Bloomington (Funded for 2013) VA (Funded) u 0 Lin] N 1,,,.. V ta al co a Legend Required Parcels - Parkway L 0 o .� r�- 104.5 Future Richfield Pkwy e.,0 W cri 94.5 Richfield Pkwy 73'37 p, 31.5 Richfield Pkwy 16ft ROW mss • Path: I:\GIS\Public Works\Staff\JefflProjects\Richfield Parkway\Parcels Map Lot& Block.mxd _ 516 " } 16 1 -1r' 1 AGENDA SECTION: CONSENT AGENDA ITEM# 3E REPORT# 244 STAFF REPORT ec4 • teed CITY COUNCIL MEETING DECEMBER 10, 2013 REPORT PREPARED BY: ROBERT HINTGEN,UTILITY, SUPERINTENDENT NAME,TITLE DEPARTMENT DIRECTOR REVIEW: "G, / 0. reSIGNATURE OTHER DEPARTMENT REVIEW: 0 N/A _... SIGNAT f REVIEWED BY CITY MANAGER: E(77-4, ,, /„......., 40 _ / ITEM FOR COUNCIL CONSIDERATION: Consideration of a contract with Malecha Spreading, LLC. for lime residual disposal. I. RECOMMENDED ACTION: By Motion: Approve contract with Malecha Spreading, LLC. for lime residual disposal for a two-year period (2014-2015) in the amount of $58,050 per year or $116,100 for two years. II. EXECUTIVE SUMMARY The Water Treatment Plant uses quick lime to soften Richfield's drinking water. This softening process produces roughly 4,500 cubic yards of lime residual per year. This lime residual is dewatered, hauled away, and applied to farm land. Land application is the most environmentally friendly way to dispose of the lime residual. A bid opening was held on November 7, 2013 and four bids were submitted. Malecha Spreading, LLC. was the lowest bidder and is an established contractor that meets all requirements. 12102013 lime residual III. BASIS OF RECOMMENDATION A. BACKGROUND • As part of the lime softening process each year, roughly 4,500 cubic yards of lime residual is produced. This lime residual is hauled away for disposal. • On October 24, 2013 an ad for bid was published in the Sun Current with a bid opening on November 7, 2013. Four bid proposals were submitted and Malecha Spreading, LLC. was the lowest responsible bidder. • The contract is for a two-year period (2014 — 2015) with an option for two additional one-year renewals. B. POLICY • Contracts estimated to have a value over $100,000 must be made by sealed bids, solicited by public notice and awarded to the lowest responsible bidder. C. CRITICAL TIMING ISSUES • It is necessary to remove and dispose of the lime residual from the dewatering presses and the 2013 contract expires on December 31, 2013. D. FINANCIAL • A recent history of prices for this product is: Years Annual Cost Vendor 2005 through 2008 $49,005/yr. Malecha Trucking 2009 through 2011 $63,000/yr. Malecha Trucking 2012 through 2013 $61,515/yr. Moelter Grain Trucking 2014 through 2015 $58,050/yr. Malecha Spreading, LLC • There are sufficient funds in the Water Maintenance budgets for the disposal of the lime residual (line item 6205 - Maintenance and Repairs). E. LEGAL • When the purchase of materials, merchandise, equipment or construction exceeds $100,000, authority to purchase shall be submitted to the City Council for consideration F. ENVIRONMENTAL CONSIDERATIONS • Lime residual needs to be disposed of properly to be environmentally safe. IV. ALTERNATIVE RECOMMENDATION(S) • Council may reject the bid and direct staff to re-advertise; however, staff does not believe a better price can be obtained from a reputable contractor. V. ATTACHMENTS • Bid tabulation • Contract VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 3t CITY OF RICHFIELD, MINNESOTA Bid Opening November 7, 2013 2:15 p.m. Lime By-Product Disposal 2013 Bid No. 13-13 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 Lime By-Product Disposal, as advertised in the official newspaper on October 24, 2013. Present: Nancy Gibbs, City Clerk Robert Hintgen, Utilities Superintendent Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: Bidder's Name Bid Bond Unit Price Total Bid (cubic yards) Malecha Spreading Cashier's $ 12.90 $ 116,100.00 Check Bjorklund Co. Cashier's $ 19.99 $ 179,910.00 Check Rehbeins AG Services Yes $ 22.00 $ 198,000.00 Moelter Grain, Inc. Cashiers $ 14.94 $ 134,460.00 Check The City Clerk announced that the bids would be tabulated and considered at the December 10, 2013 City Council Meeting. Nancy Gibbs City Clerk 3E— ■ CITY OF RICHFIELD HENNEPIN COUNTY, MINNESOTA CONTRACT City Bid No. 13-13 Contract No. 2795 Class of Work: Lime By-Product Disposal for the City of Richfield, MN THIS AGREEMENT made this 10th day of December 2013, between the City of Richfield, Minnesota, acting by and through its Mayor and City Manager, herein called the "City," and Malecha Spreading, LLC., 30282 Isle Avenue, Northfield, MN 55057, herein called the "Contractor," witnesseth; that the Contractor, in consideration of the payment of the contract price therefor, amounting substantially to ONE HUNDRED SIXTEEN THOUSAND, ONE HUNDRED AND NO/100 ($116,100.00) Dollars, agrees to furnish all materials (except such as are specified to be furnished by the City, if any), all necessary tools and equipment, and to do and perform all the necessary work and labor for the full completion of city projects as follows: Haul and dispose of approximately 9,000 cubic yards (4,500 cu. yds/year) of lime by-product for the Water Treatment Plant at 6221 Portland Avenue as shown in the approved plans, for the price and compensation set forth and specified in the proposal signed by the Contractor, which is hereto attached and hereby made a part of this Agreement, all in accordance with the plans, specifications and special provisions therefor on file in the office of the Utility Superintendent at the Water Plant, City of Richfield, and hereby made a part of this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. "The contract price is a unit price of$12.90 per cubic yard in calendar years 2014 and 2015." The contract is for a two-year period beginning January 1, 2014 through December 31, 2015. Thereafter, the City may, at its sole discretion, extend the contract under the original bid terms, up to three additional one-year terms. The City will notify the contractor at least 90 days before the expiration of the contract of its intent to extend the contract for an additional one-year term. The Contractor agrees that the work shall be done and performed in the best and most workmanlike manner; that all materials and labor shall be in strict conformity in every respect with the plans, specifications and special provisions for the improvement, shall be subject to inspection and approval of the City Utility Superintendent located at the Water Plant, and in case any material or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected material shall be removed and replaced with approved material and the rejected labor shall be done anew to the satisfaction and approval of the City and at the cost and expense of the Contractor. The contractor further agrees that he will commence work upon receipt of contract, and will have all work done and the improvement fully completed to the satisfaction and approval of the City Council of the City of Richfield, Minnesota, as provided in the specifications. It is agreed, however, that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which will delay the completion of specifications may extend the date hereinbefore specified for completion. In such case the Contractor shall become liable for said liquidated damages only for failure to perform within the time so extended. Page 2 3E 5 City Bid No. 13-13 Contract No. 2795 Class of Work: Lime By-Product Disposal for the City of Richfield, MN It is agreed also that delays caused by the elements or by strikes or other combined action of workmen employed in the construction or in the transportation of materials, but in no part caused or resulting from default or collusion on the part of the Contractor, shall be excused to the extent which the City may find and determine such conditions to have delayed completion within the time limit. The judgment of the City in fixing such amount shall be final and conclusive upon the parties hereto. It is distinctly understood and agreed that no claims for extra work done or materials furnished by the Contractor will be allowed by the City except as provided herein, nor shall the Contractor do any work or furnish any materials not covered by the plans, specifications, special provisions and this Agreement unless such work is first ordered in writing as provided in the specifications. Any such work or materials which may be done or furnished by the contractor without such written order first being given shall be at his own risk, cost and expense and he hereby agrees that without such written order he will make no claim for compensation for work or materials so done or furnished. It is further agreed, anything to the contrary notwithstanding, that the City of Richfield, City Council and its agents or employees shall not be personally liable or responsible in any manner to the Contractor, Subcontractors, materialmen, laborers or to any person or persons whomsoever for any claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and improvement provided herein. Dated at Richfield, Minnesota, this 10th day of December, 2013. Signatures for Malecha Spreading, LLC. Signatures for City of Richfield, Minnesota By By Debbie Goettel, Mayor Its Date Date By By Steven L. Devich, City Manager Its Date Date AGENDA SECTION: CONSENT AGENDA ITEM# 3F REPORT# 245 WAIN STAFF REPORT RICHFIELD CITY COUNCIL MEETING DECEMBER 10, 2013 REPORT PREPARED BY: JEFF PEARSON, TRANSPORTATION ENGINEER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: ©� VE SIGNATURE OTHER DEPARTMENT REVIEW: Ei N/A SIGNAT9 V' REVIEWED BY CITY MANAGER: �-�a / ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution requesting a MnDOT State Aid Design Element Variance for the Richfield Parkway Project. I. RECOMMENDED ACTION: By Motion: Adopt a resolution requesting a State Aid Design Element Variance from the Minnesota Department of Transportation for the Richfield Parkway Project. II. EXECUTIVE SUMMARY The Richfield Parkway Connection was constructed with a 25 mph design speed. State Aid rules would normally require a minimum 30 mph design speed in this situation to qualify for State Aid funding. Exceptions may be made for the following: • The road includes on-street bike facilities, or • The design is granted a State Aid Design Element Variance Although State Aid funds were not used in construction of the Parkway connection, the City may wish to expend State Aid money on the roadway in the future. Richfield Parkway will not include on-street bike facilities so the City is applying for a Design Element Variance. As part of the variance application, the City is required to submit a Council resolution requesting the lower design speed. 12102013RichfieldPkwyVar III. BASIS OF RECOMMENDATION A. BACKGROUND • The 25 mph design speed layout for the Parkway Connection was recommended by the Transportation Commission for several reasons: • To limit the right-of-way impacts at 63rd St and Bloomington Ave. • To reduce vehicle speeds at the trail crossing into Taft Park. • To maintain the low-speed, parkway atmosphere envisioned by the overall development plan for the area. B. POLICY • Construction of Richfield Parkway is identified in the Comprehensive Plan (Chapter 6 - Transportation). C. CRITICAL TIMING ISSUES • The variance application is due by mid-December to the MnDOT State Aid office. D. FINANCIAL • Adopting the proposed resolution will not have any financial impact to the City. The design variance is required for the City to use State Aid funds on future work of this segment of Richfield Parkway. • The design variance is required for the City to use State Aid funds on future work of this segment of Richfield Parkway. E. LEGAL • The City Attorney will be available to answer questions. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council may choose not to adopt the Design Variance Resolution at this time. V. ATTACHMENTS • Variance Request Resolution for Richfield Parkway between 64th Street and 62nd Street • Map of the project area. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. 3F - I RESOLUTION NO. TO REQUEST A VARIANCE FROM THE MINNESOTA DEPARTMENT OF TRANSPORTATION STATE AID OPERATION STANDARDS FOR CURVES ON RICHFIELD PARKWAY BETWEEN 64TH STREET AND 62ND STREET WHEREAS, the City of Richfield has planned and constructed roadway and pedestrian improvements along Richfield Parkway from 66th Street (including a roundabout) north to 65th Street, and from 63rd Street north and west to 63rd Street/Bloomington Avenue, State Project Nos. 157-020-024 and 157-370-004; and WHEREAS, the City of Richfield will be expending State Aid Funds and Local Funds on the planned improvements on Richfield Parkway between 64th Street and 62nd Street; and WHEREAS, establishment of higher design speed roadway curvature would result in additional removal of existing residences and impact the ability of future redevelopment to replace the lost residences; and WHEREAS, establishment of higher design speed roadway curvature would encourage a higher traveling speed of vehicles in the presence of pedestrians, bicyclists and transit, and specifically at a regional trail crossing location where Three Rivers Park District intends to accommodate significant pedestrian and bicycle crossing volumes; and WHEREAS, the intent of Richfield Parkway, as documented by numerous planning and engineering studies and documents, is to create a low-speed multimodal parkway within the city limits, generally described as from Diagonal Boulevard to 62nd Avenue; and WHEREAS, all decisions regarding comprehensive planning, land acquisition and disposition, engineering design and redevelopment plan approval have been consciously made toward establishment of Richfield Parkway as a low-speed multimodal corridor. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, that the City of Richfield does hereby request a variance from the Minnesota Department of Transportation State Aid Operations Rule 8820.9936, Minimum Design Standards, Urban; New or Reconstruction Projects to allow for a design speed of 25 mph for two horizontal curves on Richfield Parkway, as described in the project limits listed above. BE IT FURTHER RESOLVED THAT the City Council of the City of Richfield, Minnesota, hereby indemnifies, saves, and holds harmless the State of Minnesota and its agents and employees of and from claims, demands, actions, or causes of action arising out of or by reason of granting the variance. The City of Richfield further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim arising as a result of granting this variance from Minnesota Rules 8820.9936, Minimum Design Standards, Urban; New or Reconstruction Projects. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of December, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk I II '- a.. t milmilil 4.2 9e.�> r.• id �j s9 1 .�., (,;� -1 ari to 5 �.ec -- JIII n a 1111.1 7: 711i a ! P i k _ = 3 , . �r 1 x V J E" 'v' i - 2500 ADT ;i5{t _...i�� -._ JI H 1 i ma 1 t _ *. e .. . l 1 . Q C — __- i 0 J , , I '414;' FX It An". se i I. M d- ,, '� i..-. y—_ err wl tom.- ; i M H 1 - I sP €' j ,` 1 l (( Potential Property Impacts 2011 Forecast Averga Daily Traffic 200 ADT '~ 1850 ADT(-950). 55N Sheet Open (Ctunga han FauOng) / --L,` _ --. 2011 Forecaaf Averpa DaOy TrlOc v.et vcaa iy 1900 ADT 1-900) 55th sleet Closed aennanentry Cioaed (Change hom FsbtMq) imis-"ja Richfield Parkway North Connection Study 25 mph Curve Alternative Mill_., City of Richfield, Minnesota January 19,2011 AGENDA SECTION: CONSENT AGENDA ITEM# 3G REPORT# 246 MIAMI STAFF REPORT RICHFIELD CITY COUNCIL MEETING DECEMBER 10, 2013 REPORT PREPARED BY: ROBERT HINTGEN,UTILITY SUPERINTENDENT NAME,TITLE DEPARTMENT DIRECTOR REVIEW: a metig„ SIGNATURE OTHER DEPARTMENT REVIEW: E ' ..r V REVIEWED BY CITY MANAGER: V A / VI / ITEM FOR COUNCIL CONSIDERATION: Consideration to authorize the City of Richfield to participate in the Minnesota Water Agency Response Network (MnWARN), a mutual aid agency created to allow city utilities to assist each other in the case of an emergency. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution authorizing the City of Richfield to be a party to the MnWARN Mutual Aid Agreement and authorizing staff to notify the Statewide Committee for MnWARN of the City's participation. II. EXECUTIVE SUMMARY The Minnesota Water Agency Response Network, known as MnWARN, is a mutual aid agency established pursuant to state law that allows government units to jointly or cooperatively exercise powers common to them. MnWARN has adopted a Mutual Aid Agreement among the participating governmental units to allow their water, wastewater and storm water utilities to assist each other in case of an emergency. The agreement allows the parties to utilize assistance in the form of 12102013 MnWARN personnel, equipment and supplies from a utility outside of the city in which an emergency may be occurring. III. BASIS OF RECOMMENDATION A. BACKGROUND • MnWARN was established 10 years ago to promote and support statewide response to utility emergencies and disasters through mutual assistance for water, wastewater, and storm water utilities in Minnesota. • Minnesota's membership ranks third in nation with 327 members (only California and Texas rank higher). B. POLICY • Participation in MnWARN will allow the City to use the resources of other governmental entities in the event of an emergency that exceeds the City's own resources. • The City will also be available to assist other cities in the event of an emergency (and in such case, would be reimbursed for its costs). C. CRITICAL TIMING ISSUES • Council action is required in order to authorize the City to become a member of the MnWARN Mutual Aid Agreement. There is no specific deadline or time frame in which this must be complete. D. FINANCIAL • The Mutual Aid Agreement requires a city receiving assistance to reimburse the city giving assistance for costs associated with personnel, equipment, materials and supplies. • The city giving the assistance is required to provide an itemized accounting of the expenses it incurred as a result of providing the assistance. E. LEGAL • The City has the authority to participate in the mutual aid agreement pursuant to Minn. Stat. § 471.59, which allow cities and other governmental units to jointly or cooperatively exercise any power common to them. • The city attorney has reviewed the Mutual Aid Agreement and is available to answer questions. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The City Council can decide to not authorize participation in MnWARN. V. ATTACHMENTS • Resolution Authorizing the City of Richfield to be a party to MnWARN. • MnWARN Mutual Aid Agreement. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 2 RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO BE A PARTY TO MINNESOTA WATER AGENCY RESPONSE NETWORK (MnWARN) WHEREAS, Minnesota Statutes, Section 471.59 authorizes governmental units by agreement of their governing bodies to jointly or cooperatively exercise any power common to them; WHEREAS, MnWARN has been established by the adoption of a Mutual Aid Agreement (the Agreement) among Governmental Units to allow their water, wastewater and storm water utilities to assist each other in case of an emergency; WHEREAS, the Agreement allows other governmental units to become a party to the Agreement by the adoption of this Resolution and sending notice to the Secretary of the Statewide Committee for MnWARN; and WHEREAS, the governing body of the City of Richfield considers it to be in the best interests of the City to be a party to the Agreement. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The Mayor and City Clerk are authorized to sign this Resolution evidencing the intent of the City of Richfield to be a party to MnWARN; and 2. City staff is authorized and directed to send a certified copy of this Resolution and a completed membership information form to the Secretary of the Statewide Committee of MnWARN; and 3. The City of Richfield agrees to comply with all terms of the Agreement. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of December 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 4 '", ' � � �� _.�-Ex'r� �-,,r ��:z�f;�,s.,� '2t's� ��t �: -�,�,�,�S� -��a'Yy«�''; 4 v,�:-_a {....` - - .x,a.. — ` .k,__.._._ -- _z _�.F vim.. . - � * Q*. r r` 4, MINNESOTA WATER AGENCY RESPONSE NETWORK (MnWARN) MUTUAL AID AGREEMENT This Minnesota Water Agency Response Network(MnWARN) Mutual Aid Agreement is made and entered into by the undersigned Parties. WHEREAS, the Parties hereto are authorized by law or home rule charter to establish a water, wastewater or storm water utility; and WHEREAS, the Parties hereto have established a water, wastewater and/or storm water utility; and WHEREAS, the Parties recognize that an Emergency may require Assistance in the form of personnel, equipment and supplies from a Utility outside the Governmental Unit; and WHEREAS, the governing bodies of the Parties have investigated the facts and determined that it is in their best interests to authorize their Utilities to work cooperatively with another Party's Utilities when there is an Emergency; and WHEREAS, Minnesota Statutes, Section 471.59 authorizes the Parties by agreement of their governing bodies to jointly or cooperatively exercise any power common to them. NOW, THEREFORE, in consideration of the mutual covenants made herein, the Parties agree as follows: { ARTICLE I PURPOSE The Parties recognize that in an Emergency, their Utilities may require Assistance in the form of personnel, equipment and supplies from outside the area of impact. The purpose of this Agreement is to provide a framework, in the event of an Emergency, for the Parties to participate in an intrastate program for mutual aid assistance to provide water, wastewater and storm water utility services. The Parties authorize their Utilities to cooperatively assist other Party's Utilities when there is an Emergency, subject to the discretion of the Responding Party's Authorized Official as set forth in Article IV. ARTICLE II DEFINITIONS A. Agreement—This Water Agency Response Network Mutual Aid Agreement. B. Assistance—Resources, including but not limited to personnel, equipment, material and supplies that a Responding Party's Utility provides to a Receiving Party's Utility. C. Authorized Official—An employee or official of a Party's Utility that is authorized by the Party's governing body to request Assistance or provide Assistance under this Agreement. D. Emergency—Any occurrence that is, or is likely to be, beyond the control of the services, personnel, equipment or facilities of a Party's Utility. E. Governmental Unit—A city, county or township in Minnesota or a city's public utilities commission. F. MnWARN—The framework for public water,wastewater and storm water utilities in Minnesota to assist other public water, wastewater and storm water utilities when there is an Emergency that requires Assistance from another Utility. The framework includes this Agreement and other resources to be developed and coordinated by the Statewide Committee to implement the purpose of this Agreement. G. National Incident Management System (NIMS)—A national, standardized approach to incident management and response that sets uniform processes and procedures for emergency response operations. H. Party/Parties—One or more governmental units that has a water, wastewater or stormwater utility that executes this Agreement or adopts this Agreement by resolution pursuant to Article XIV. I. Period of Assistance—The period of time when a Responding Party assists a Receiving Party. The period commences when personnel, equipment or supplies depart from a Responding Party's facility and ends when the resources return to their facility. All protections identified in the Agreement apply during this period. The Period of Assistance may occur during response to or recovery from an Emergency. J. Receiving Party—A Party who requests and receives Assistance under this Agreement. K. Responding Party—A Party that provides Assistance to another Party pursuant to this Agreement. L. Statewide Committee—The committee responsible for overseeing MnWARN on a statewide level. M. Steering Committee—The leadership group that established MnWARN and the development of this Agreement. N. Utility/Utilities—A water, wastewater and/or storm water utility of a Party. 2 3G-�I ARTICLE III ADMINISTRATION A. Statewide Committee. 1. Voting Members. MnWARN shall be administered through a Statewide Committee. The Statewide Committee shall be comprised of nine(9)voting members. The voting members of the Statewide Committee shall be comprised as follows: (i)an employee or official of a Utility located in Region 1 of the Minnesota Division of Homeland Security and Emergency Management Regions; (ii) an employee or official of a Utility located in Region 2 of the Minnesota Division of Homeland Security and Emergency Management Regions; (iii) an employee or official of a Utility located in Region 3 of the Minnesota Division of Homeland Security and Emergency Management Regions; (iv) an employee or official of a Utility located in Region 4 of the Minnesota Division of Homeland Security and Emergency Management Regions; (v) an employee or official of a Utility located in Region 5 of the Minnesota Division of Homeland Security and Emergency Management Regions; (vi) an employee or official of a Utility located in Region 6 of the Minnesota Division of Homeland Security and Emergency Management Regions; (vii) an employee or official of the Minnesota Rural Water Association; (viii) a representative from the Minnesota Section of the American Water Works Association; and (ix)a representative of the Minnesota Wastewater Operator's Association. a. Initial Voting Members. The initial voting members representing the six regions of the Minnesota Division of Homeland Security and Emergency Management Regions shall be selected by the Steering Committee. The other three voting members shall be selected by the organization they represent. b. Subsequent Voting Members, The appointment or election of subsequent voting members shall be done in accordance with bylaws to be adopted by the Statewide Committee. c. Terms. The terms of the voting members shall be established by the bylaws to be adopted by the Statewide Committee. d. Changes. The Statewide Committee may change the number or composition of the voting members in accordance with its bylaws. 2. Advisory Members. There shall be at least six(6) advisory members of the Statewide Committee who shall not be entitled to vote. The advisory member shall consist of a representative to be selected by each of the following organizations: (i)the Minnesota Pollution Control Agency; (ii)the Minnesota Department of Health; (iii) Minnesota Homeland Security and Emergency Management; (iv)the Association of Minnesota Emergency Managers; (v)the Minnesota Municipal Utilities Association; and (vi) the League of Minnesota Cities. The voting members of the Statewide Committee may change the number or composition of the advisory members in accordance with its bylaws. The terms of the advisory members shall be established by the bylaws of the Statewide Committee. 3. Officers. The Statewide Committee shall have the following officers: a Chair, a Vice- Chair and a Secretary. The initial officers shall be elected by the Statewide Committee at its first meeting. The terms of the initial officers and subsequently elected officers 3 shall be established by the bylaws of the Statewide Committee. The officers shall have the following powers: a. Chair. The Chair shall have no more power than any other member of the Statewide Committee except that the Chair shall act as the presiding officer at all Statewide Committee meetings and may have other duties as assigned from time to time and prescribed by the Statewide Committee. b. Vice-Chair. The Vice-Chair shall act as the presiding officer at any Statewide Committee meeting not attended by the Chair and shall perform the Chair's duties in the Chair's absence. The Vice-Chair may have other duties as assigned from time to time and prescribed by the Statewide Committee. c. Secretary. The Secretary shall be responsible for ensuring that minutes are prepared for all Statewide Committee meetings. The Secretary shall also keep all books and records of the Statewide Committee and shall give all notices required by law, and may have other duties as assigned from time to time and prescribed by the Statewide Committee. The Statewide Committee may delegate all or part of the Secretary's duties required under this Section to another person; provided that such delegation shall not relieve the Secretary of ultimate responsibility for these duties 4. Powers. The Statewide Committee shall have the following powers: a. To coordinate emergency planning and response activities of Utilities in coordination with the emergency management and public health system of the State; b. To adopt policies and procedures to further the purpose of MnWARN; c. To establish committees, including regional committees, to assist in implementing the purpose of MnWARN; d. To develop a resource list of personnel, equipment, supplies and other resources that may be used to provide Assistance; e. To establish a website to facilitate the Parties' use of MnWARN; f. To develop protocols, forms or procedures for Parties to request assistance; g. To develop educational materials; and h. To develop training materials and conduct training for Parties. 5. Meetings. The Statewide Committee shall hold meetings as follows: a. Organizational Meeting. An organizational meeting shall be held at a time and place to be determined by the Steering Committee. b. Regular Meetings. Thereafter, the Statewide Committee shall meet at least annually. A schedule of regular meetings may be adopted by the Statewide 4 1 5G- Lo Committee at the organizational meeting. A schedule of regular meetings may be changed from time to time as deemed necessary by the Statewide Committee. c. Special Meetings. Special meetings of the Statewide Committee may be called by the Chair and must be called by the Chair upon written request of two Statewide Committee members. d. Quorum. The Statewide Committee shall not take official action unless a majority of the voting members are present in person or via electronic communication. ARTICLE IV REQUESTS FOR ASSISTANCE A. Party Responsibility. The Parties shall identify an Authorized Official and one or more alternates; provide contact information including 24-hour access; and maintain the resource information required contained in the member information form to be developed by the Statewide Committee. The Parties shall update this information as required by the bylaws. In the event of an Emergency, a Party's Authorized Official may request Assistance from a Party's Utility. The Authorized Official must specifically state that Assistance is being requested under MnWARN to activate the provisions of this Agreement. Requests for Assistance can be made orally or in writing.When made orally, the request for Assistance shall be prepared in writing as soon as practicable. Requests for Assistance shall be directed to the Authorized Official of a Party. Specific protocols for requesting Assistance shall be established by the Statewide Committee. B. Response to a Request for Assistance. After a Party receives a request for Assistance, the Authorized Official should evaluate if resources are available to respond to the request for Assistance. Following the evaluation, the Responding Party's Authorized Official shall inform, as soon as possible, the Receiving Party's Authorized Official if it can provide Assistance. If Assistance is provided, the Responding Party shall inform the Receiving Party about the type of available resources and the approximate arrival time of such resources. C. Discretion of Responding Party's Authorized Official. Adoption of this Agreement does not create any duty to provide Assistance. When a Party receives a request for Assistance, the Authorized Official shall have absolute discretion to provide Assistance or to not provide Assistance.A Party's decision to provide Assistance or not provide Assistance shall be final. No Party nor any employee or officer of any Party shall be liable to any other Party or to any person for failure of any Party to furnish Assistance or for recalling Assistance. ARTICLE V RESPONDING PARTY PERSONNEL A. National Incident Management System (NIMS). When providing Assistance under this Agreement, the Requesting Party's Utility and the Responding Party's Utility shall be organized and function under NIMS. B. Control. The personnel of a Responding Party providing Assistance shall be under the direction and control of the Receiving Party until the Responding Party's Authorized Official withdraws Assistance. The Receiving Party's Authorized Official shall coordinate response 5 activities with the Responding Party's Authorized Official. Whenever practical, Responding Party personnel should plan to be self sufficient for up to 72 hours. C. Food and Shelter. The Receiving Party shall supply reasonable food and shelter for Responding Party personnel for Assistance that is provided for more than 72 hours. If the Receiving Party is unable to provide food and shelter for a Responding Party's personnel, the Responding Party's Authorized Official or designee is authorized to secure food and shelter for its personnel and shall be entitled to reimbursement for such expenses from the Receiving Party. Reimbursement for food and shelter shall reflect the actual costs incurred by the Responding Party. If receipts are not available, the Responding Party cannot request reimbursement in excess of the State per diem rates for that area. D. Communication. The Receiving Party shall provide Responding Party personnel with radio equipment as available, or radio frequency information to program existing radios, in order to facilitate communication among personnel providing Assistance. E. Status. Unless otherwise provided by law, the Responding Party's officers and employees retain the same privileges, immunities, rights, duties, and benefits as provided in their respective jurisdictions. F. Licenses and Permits. To the extent permitted by law, Responding Party personnel who hold licenses, certificates, or permits evidencing professional, mechanical, or other skills shall be allowed to carry out activities and tasks relevant and related to their respective credentials during the Period of Assistance. G. Right to Withdraw. The Responding Party's Authorized Official retains the right to withdraw some or all of its resources at any time. Notice of intention to withdraw must be communicated to the Receiving Party's Authorized Official as soon as possible. ARTICLE VI COST REIMBURSEMENT Unless otherwise mutually agreed in whole or in part, the Receiving Party shall reimburse the Responding Party for each of the following categories of costs incurred while providing Assistance during the Period of Assistance. A. Personnel. A Responding Party shall be reimbursed for its actual costs paid to personnel providing Assistance during the Period of Assistance. The Responding Party's designated supervisor(s) must keep accurate records of work performed by personnel during the Period of Assistance. Reimbursement to the Responding Party must consider all personnel costs, such as salaries or hourly wages, including overtime, and costs for fringe benefits and indirect costs. B. Equipment. The Receiving Party shall reimburse the Responding Party for the use of equipment during a Period of Assistance pursuant to the Responding Party's rate schedule. If the Responding Party does not have a rate schedule, the rates for equipment use must be based on the Federal Emergency Management Agency's (FEMA) Schedule of Equipment Rates. If a Responding Party uses rates different from those in the FEMA Schedule of Equipment Rates, the Responding Party must provide such rates in writing to the Receiving Party prior to supplying Assistance. Reimbursement for equipment not referenced on a Party's rate schedule or the FEMA Schedule of Equipment Rates must be developed based on actual recovery of costs. 6 C. Materials and Supplies. The Receiving Party must reimburse the Responding Party in kind or at actual replacement cost, plus handling charges, for use of expendable or non- returnable supplies. The Responding Party must not charge direct fees or rental charges to the Receiving Party for other supplies and reusable items that are returned to the Responding Party in a clean, damage-free condition. Reusable supplies that are returned to the Responding Party with damage must be treated as expendable supplies for purposes of cost reimbursement. D. Payment Period. The Responding Party must provide an itemized bill to the Receiving Party for all expenses it incurred as a result of providing Assistance under this Agreement. The Responding Party must send the itemized bill not later than ninety(90) days following the end of the Period of Assistance. The Receiving Party must pay the undisputed portion of the bill in full on or before the forty-fifth (45th) day following the billing date. Unpaid bills become delinquent upon the forty-sixth (46th) day following the billing date, and, once delinquent, the bill accrues interest at the standard rate of interest charged by the Responding Party for unpaid bills. If the Responding Party does not have a standard rate,the interest rate shall be the rate of prime, as reported by the Wall Street Journal, plus two percent(2%) per annum. Any undisputed amount must be resolved using the procedures set forth in Article VII. ARTICLE VII DISPUTES The Parties agree to act in good faith to undertake resolution of disputes, in an equitable and timely manner and in accordance with the provisions of this Agreement. If disputes cannot be resolved informally by the Parties, the following procedures shall be used: A. Mediation. If there is a failure between Parties to resolve a dispute on their own, the Parties shall first attempt to mediate the dispute. The Parties shall agree upon a mediator, or if they cannot agree, the Statewide Committee Chair shall select a mediator. If the Chair of the Statewide Committee, has a conflict of interest, the duty for selecting a mediator shall pass to the Vice-Chair. B. Arbitration. If the dispute remains unresolved following mediation, the dispute shall be submitted to arbitration under the Uniform Arbitration Act, Minnesota Statutes, Sections 572.08-.30. If the Parties cannot agree on one or more arbitrators, the arbitrator(s) shall be selected using the same procedure set forth for selecting a mediator. The decision of the majority of the arbitrators shall not be binding upon the Parties. If the arbitration decision is not accepted, the Parties may pursue any other legal remedy to resolve the dispute. ARTICLE VIII RECEIVING PARTY'S DUTY TO INDEMNIFY For the purposes Minnesota Municipal Tort Liability Act, Minnesota Statutes, Chapter 466, the employees and officers of the Responding Party are deemed to be employees (as defined in Minnesota Statutes, Section 466.01, subdivision 6) of the Receiving Party. The Receiving Party shall defend, indemnify and hold harmless, the Responding Party, its officers, employees, volunteers and agents from all claims, loss, damage, injury, and liability of 7 3G-°I every kind, nature, and description, directly or indirectly arising from the Responding Party's Assistance during the Period of Assistance. The scope of the Receiving Party's duty to indemnify includes, but is not limited to, suits arising from, or related to, negligent or wrongful use of equipment or supplies on loan to the Receiving Party, or faulty workmanship or other negligent acts, errors, or omissions by the Responding Party personnel. The Receiving Party shall not be required to defend and indemnify the Responding Party for any willful or wanton misconduct of the Responding Party or its officer, employees,volunteers or agents. Under no circumstances, however, shall a party be required to pay on behalf of itself and other parties, any amounts in excess of the limits of liability established in Minnesota Statutes, Chapter 466 applicable to any one party. The intent of this article is to impose on each Receiving Party a limited duty to defend and indemnify a Responding Party for claims arising within the Receiving Party's jurisdiction subject to the limits of liability under Minnesota Statutes, Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. The Receiving Party's duty to indemnify is subject to, and shall be applied consistent with, the conditions set forth in Article X. ARTICLE IX DAMAGE TO EQUIPMENT Each Party shall be responsible for damages to or loss of its own equipment. Each Party waives the right to sue any other Party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other Party or its officers, employees, or volunteers. ARTICLE X WORKERS' COMPENSATION Each Party shall be responsible for injuries or death of its own personnel. Each Party will maintain workers' compensation insurance or self-insurance coverage, covering its personnel while they are providing Assistance pursuant to this Agreement. Each Party waives the right to sue another Party for any workers' compensation benefits paid to its own personnel while they are providing Assistance pursuant to this Agreement. Each Party waives the right to sue another Party for any workers' compensation benefits paid to its own employee or volunteer or their dependents, even if the injuries were caused wholly or partially by the negligence of another Party or its officers, employees or volunteers. { ARTICLE XI INSURANCE Parties to this Agreement shall maintain the following liability coverages: (1) commercial general liability; and (2) automobile liability, including owned, hired, and non-owned automobiles. Each policy shall have a limit at least equal to the maximum municipal liability limit in Section 466.04, subd. 1. If the policy contains a general aggregate limit, the general aggregate limit shall not be less than double the maximum municipal liability limit in Section 466.04, subd. 1. 8 3c,e. I D ARTICLE XII WITHDRAWAL A Party may withdraw from this Agreement by providing written notice of its intent to withdraw to the Statewide Committee Secretary. Withdrawal takes effect 60 days after notice is sent. ARTICLE XIII INTRASTATE AND INTERSTATE MUTUAL AID AND ASSISTANCE PROGRAMS To the extent practicable, Parties to this Agreement are encouraged to participate in mutual aid and assistance activities conducted under the State of Minnesota Intrastate Mutual Aid and Assistance Program and the Interstate Emergency Management Assistance Compact(EMAC). Parties may voluntarily agree to participate in an interstate Mutual Aid and Assistance Program for Utilities through this Agreement if such a Program were established. ARTICLE XIV NEW MEMBERS Other Governmental Units may be added to this Agreement upon approval of their governing body as evidenced by adoption of the resolution attached as Exhibit Ito this Agreement and execution by the Governmental Unit's authorized representatives. A Governmental Unit shall not become a Party to this Agreement until a certified copy of the resolution is received by the Statewide Committee Secretary. The Statewide Committee Secretary shall maintain a master list of all Parties to this Agreement. ARTICLE XV GENERAL PROVISIONS MODIFICATION A. Modification. No provision of this Agreement may be modified, altered or rescinded by individual parties to the Agreement. Modifications to this Agreement may be due to programmatic operational changes to support the Agreement. Modifications require a simple majority vote of the Parties to this Agreement. The Statewide Committee Secretary shall provide written notice to all Parties of approved modifications to this Agreement.Approved modifications take effect 60 days after the date upon which notice is sent to the Parties. B. Signatory Indemnification. In the event of a liability, claim, demand, action or proceeding of whatever kind or nature arising out of a Period of Assistance,the Parties who receive and provide Assistance shall indemnify and hold harmless those Parties whose involvement in the transaction or occurrence that is the subject of such claim, action, demand or other proceeding is limited to execution of this Agreement. C. Prohibition on Third Parties and Assignment of Rights/Duties. This Agreement is for the sole benefit of the Parties and no person or entity shall have any rights under this Agreement as a third-party beneficiary. Assignments of benefits and delegations of duties created by this Agreement are prohibited and are without effect. D. Notice. A Party who becomes aware of a claim or suit that in any way, directly or indirectly, contingently or otherwise, affects or might affect other Parties to this Agreement shall 9 3 - II provide prompt and timely notice to the Parties who may be affected by the suit or claim. Each Party reserves the right to participate in the defense of such claims or suits as necessary to protect its own interests. E. Effective Date. This Agreement shall be effective after approval by the Parties' governing body and execution by the Parties' authorized representatives. F. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. G. Captions. Article and section headings contained in this Agreement are included for convenience only and form no part of the Agreement among the Parties. H. Waivers. The waiver by a Party of any breach or failure to comply with any provision of this Agreement by another Party shall not be construed as, or constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this Agreement. I. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument. J. Savings Clause. If any court finds any article, section or portion of this Agreement to be contrary to law or invalid, the remainder of the Agreement will remain in full force and effect. IN WITNESS WHEREOF, the Parties, by action of their respective governing bodies, caused this Agreement to be approved on the dates below. City of , Minnesota The City Council of , Minnesota duly approved this Agreement on the day of , 20_. By: Its Mayor And: Its Clerk 10 AGENDA SECTION: CONSENT AGENDA ITEM# 3H REPORT# 247 STAFF REPORT ee� •ed CITY COUNCIL MEETING DECEMBER 10, 2013 REPORT PREPARED BY: JEFF PEARSON, TRANSPORTATION ENGINEER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: n A SIGNATURE OTHER DEPARTMENT REVIEW: El N/A e�URE REVIEWED BY CITY MANAGER: r ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing the acceptance of the Community Transformation Grant agreement between the City of Richfield and the City of Bloomington. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the acceptance of the Community Transformation Grant agreement between the City of Richfield and the City of Bloomington. II. EXECUTIVE SUMMARY The City was recently awarded $15,000 from the Community Transformation Grant distributed by Bloomington Public Health. This grant money will fund a community engagement campaign to increase Complete Streets awareness. The Community Transformation Grant was: • Originally awarded to Hennepin County in 2011 • A partnership between the City of Minneapolis and Bloomington Public Health which also covers the City of Richfield and Edina; and • Intended to expand efforts in tobacco-free living and active living. These funds will be used to enhance and further the "Better Roads, Better Richfield" campaign. 121013CTGrant III. BASIS OF RECOMMENDATION A. BACKGROUND • The Community Transformation Grant (CTG) is a Center for Disease Control grant. It was originally funded through the Affordable Care Act's Prevention and Public Health Fund. The original award was in 2011 to Hennepin County in the amount of$1,156,212. • Hennepin County has focused on four initiatives: o Active Living o Healthy Eating o Quality clinical preventive services o Tobacco-free living • Bloomington Public Health is the local agency tasked with distributing the funds to the Cities of Edina, Bloomington, and Richfield in the categories prescribed in the grant. B. POLICY • Minnesota Statute 465.03 requires all grants to be accepted by resolution of the council and adopted by two-thirds majority of its members. C. CRITICAL TIMING ISSUES • The funds from this grant need to be spent by December 31, 2013. D. FINANCIAL • The original grant to Hennepin County was $1,156,212, and the portion the City of Richfield would receive is $15,000. • This would require a $15,000 increase to the Public Works —Admin Department budget. E. LEGAL • The City Attorney has reviewed the contract and resolution. F. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATIONS) • The Council could choose not to accept the grant. V. ATTACHMENTS • Grant Acceptance Resolution • Grant Agreement VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None H � 1 RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO AN AGREEMENT WITH THE CITY OF BLOOMINGTON VIA THE COMMUNITY TRANSFORMATION GRANT IN THE AMOUNT OF $15,000 TO BE USED FOR A COMMUNITY ENGAGEMENT CAMPAIGN TO INCREASE COMPLETE STREETS AWARENESS. WHEREAS, the City of Richfield, has received a grant in the amount of$15,000; and WHEREAS, the City intends to use these funds to aid in the awareness of its complete streets program; and WHEREAS, Minnesota Statute 465.03 requires every acceptance of a grant or devise of real personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. That the City Council of the City of Richfield hereby authorizes the Mayor and City Manager to enter into an agreement between the City of Richfield and the City of Bloomington in the amount of$15,000 and authorizes the City to administer the funds in accordance with the agreement's terms. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of December 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 31--I - � AGREEMENT BETWEEN THE CITY OF BLOOMINGTON AND THE CITY OF RICHFIELD THIS AGREEMENT is made this day of ,2013 between the City � I of Bloomington,through its Division of Public Health, a Minnesota municipal corporation located at 1800 West Old Shakopee Road,Bloomington,Minnesota 55431 (hereinafter referred to as the "City"), and the City of Richfield,located at 6700 Portland Avenue,Richfield,MN 55423 (hereinafter referred to as the "Contractor"). { WITNESSETH WHEREAS,the City desires to develop a community engagement campaign to increase awareness of the Complete Streets policy;and WHEREAS,the City desires to purchase services from the Contractor to provide assistance with developing said campaign(hereinafter referred to as the"Services"); and WHEREAS,the Contractor represents that it has the professional expertise and capabilities to provide said Services; and WHEREAS, the City desires to hire the Contractor to perform said Services for the City. NOW, THEREFORE, in consideration of the terms and conditions expressed herein,the parties agree as follows: I. TERM OF AGREEMENT The term of this Agreement shall be from October 30,2013 to March 31,2014, subject to termination as provided in Subdivision V. II. DUTIES OF CONTRACTOR A. The Contractor shall provide the following services, each as further described in Exhibit A attached: 1 31-1 1. Develop tools for a community engagement campaign to increase Complete Streets awareness through multimedia outreach strategies; 2. Develop a virtual"Complete Streets Toolkit",to be added to the City of Richfield website,to educate and communicate the benefits of the Complete Streets policy; 3. Develop distribution materials; and 4. Use social media(i.e. Facebook, Twitter,Linkedln)as a public relations tool. B. The Contractor agrees to complete the project, as proposed,and perform all other terms and conditions identified above and incorporated by reference as Exhibit A for the not-to-exceed amount of FIFTEEN THOUSAND AND NO/100 DOLLARS ($15,000.00). Contractor agrees that the City will pay Contractor when the City has received this executed Agreement, signed by both parties, and the Services have been fully performed and accepted by the City. C. The Contractor shall defend, indemnify and hold harmless the City of Bloomington, its officials, employees and agents,from any and all claims, causes of action,lawsuits,damages,losses,or expenses, including attorney fees, arising out of or resulting from the Contractor's (including its officials,agents or employees)performance of the duties required under this Agreement,provided that any such claim, damages,loss or expense is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of Contractor. D. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Contractor's staff as the agents,representatives or employees of the City for any purpose in any manner whatsoever. The Contractor and its staff are to be and shall remain an independent contractor with respect to all services performed under this Agreement. The Contractor represents that it has,or will secure at its own expense, all personnel required in performing services 2 3H- under this Agreement. Any and all personnel of the Contractor or other persons, while engaged in the performance of any work or services required by the Contractor under this Agreement, shall not be considered employees of the City, and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the Contractor, its officers, agents, contractors or employees shall in no way be the responsibility of the City; and the Contractor shall defend, indemnify and hold the City, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation,rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights,medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA. E. The parties agree to comply with the Minnesota State Human Rights Act, Minnesota Statutes, Section 363A F. The Contractor shall maintain insurance in the amounts shown below during the entire term of this Agreement. The Contractor shall not allow any subcontractor to commence work until all insurance has been obtained and copies have been filed and accepted by the City. All insurance must be provided at the Contractor's expense and at no additional cost to the City. 1. Commercial General Liability—Bodily injury in the amount of at least$500,000 per individual and$1,500,000 per occurrence for injuries or death arising out of each occurrence. In the alternative, Contractor may maintain a general aggregate of at least $2,000,000. 2. Property Damage Liability—Property damage liability in the amount of$1,000,000 for each occurrence. 3. Automotive Liability—Automotive liability in the amount of$500,000 per 3 individual and$1,500,000 per occurrence for any injuries, including death, arising out of each occurrence and property damage coverage of$1,500,000 for each occurrence. 4. Workers Compensation—The Contractor shall carry Workers Compensation Insurance as required by Minnesota Statutes, Section 176.181,subd. 2. 5. Professional Liability—The Contractor agrees to maintain professional liability insurance in the amount of at least$1,000,000 during the term of this Agreement. 6. Additional Insured—The Contractor further agrees to name the City as additional insured on its commercial general liability policy. A certificate of insurance shall be provided to the City before any work on this project may commence. 7. Notification/Cancellation—The Contractor agrees to notify the City thirty(30) days prior to cancellation or change in terms of the above insurance coverage. G. The Contractor agrees that the City will own and have the right to use,reproduce and apply as it desires,any data,reports, analyses and materials which are collected or developed by the Contractor or anyone acting on behalf of the Contractor as a result of this Agreement. III. DUTIES OF THE CITY After both parties have signed this Agreement, and after the completion and acceptance of Contractor's performance of the duties under this Agreement,the City shall pay the Contractor the not- to-exceed sum of FIFTEEN THOUSAND AND NO/100 DOLLARS ($15,000.00). Payments to Contractor will be made within thirty(30) days of receipt of invoice from Contractor. IV. MISCELLANEOUS A. This Agreement represents the entire Agreement between the Contractor and the City and supersedes and cancels any and all prior agreements or proposals,written or oral,between the parties relating to the subject matter hereof; and amendments, addenda,alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. B. The Contractor agrees to comply with the Americans With Disabilities Act(ADA), Section 504 of the Rehabilitation Act of 1973 and not discriminate on the basis of disability in the 4 H _ to admission or access to, or treatment of employment in its services,programs,or activities. The Contractor agrees to hold harmless and indemnify the City from costs,including but not limited to damages, attorney's fees and staff time,in any action or proceeding brought alleging a violation of ADA and/or Section 504 caused by the Contractor. Upon request accommodation will be provided to allow individuals with disabilities to participate in all services,programs and activities. The City has designated coordinators to facilitate compliance with the Americans with Disabilities Act of 1990,as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973,as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. { C. The Contractor will comply with all applicable provisions of the Minnesota Government Data Practices Act, Chapter 13 of the Minnesota Statutes. D. The Contractor agrees to comply with all applicable local,state and federal laws,rules and regulations in the performance of the duties of this contract. This Agreement shall be governed, interpreted, constructed and regulated by the laws of the State of Minnesota. Minnesota shall also be the venue for any dispute over this Agreement. E. This Agreement shall not be assignable except at the written consent of the City. F. The books,records, documents, and accounting procedures of the Contractor,relevant to this Agreement, are subject to examination by the City, and either the legislative or state auditor as appropriate,pursuant to Minnesota Statutes, Section 16C.05, Subdivision 5. G. The City and the Contractor agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The mediation shall be conducted through the Conflict Resolution Center,2101 Hennepin Avenue, Suite 100, Minneapolis,MN 55405. The parties hereto shall decide whether mediation shall be binding or non- binding. If the parties cannot reach agreement,mediation shall be non-binding. In the event mediation 5 is unsuccessful,either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. H. The Contractor agrees that it must pay any subcontractor within ten(10) days of the prime contractor's receipt of payment from the municipality for undisputed services provided by the subcontractor. The Contractor agrees that it must pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. For an unpaid balance of less than$100,the prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements,including attorneys fees,incurred in bringing the action. I. The Contractor agrees, as a condition of being awarded this Contract,to require each of its agents,officers and employees to abide by the City of Bloomington's policies prohibiting sexual harassment,firearms and smoking, as well as all other reasonable work rules,safety rules or policies regulating the conduct of persons on City property at all times while performing duties pursuant to this Contract. The Contractor agrees and understands that a violation of any of these policies or rules constitutes a breach of the Contract and sufficient grounds for immediate termination of the Contract by the City. J. The person signing this Agreement(hereafter"Signatory")represents and warrants that the Contractor has authorized him/her to execute this Agreement on its behalf and agrees to be bound by its terms and conditions, including the Agreement of the Contractor to indemnify and hold the City harmless. In the event the Contractor did not authorize the Signatory to sign on its behalf,the Signatory agrees to assume responsibility for the duties and liabilities of the Contractor,as set forth herein,personally. 6 1`1- V. TERMINATION Either party may terminate this Agreement for any reason upon giving thirty(30)days advanced written notice to the other party. The City reserves the right to cancel this Agreement at any time in event of default or violation by the Contractor of any provision of this Agreement. The City may take whatever action at law or in equity that may appear necessary or desirable to collect damages arising from a default or violation or to enforce performance of this Agreement. ' I IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be executed the day and year first above written. • 4 CITY OF BLOOMINGTON DATED: BY: Its City Manager Reviewed and approved by the City Attorney. City Attorney CITY OF RICHFIELD DATED: BY: Its City Manager Reviewed and approved by the City Attorney. City Attorney 7 3 Hi EXHIBIT A Duties of the Contractor The following deliverables are for services conducted by Contractor. Goal: Develop tools for a community engagement campaign to increase Complete Streets awareness through multimedia outreach strategies. Strategies and Timeline: 1. Develop a virtual "Complete Streets Toolkit", to be added to the City of Richfield website, which members of local community organizations may use to educate and communicate the benefits of the Complete Streets policy to constituents through talking points, PowerPoint presentations, policy documents, illustrations, site photography, input from the public relations consultant, and processes for obtaining feedback(to be completed by February 2014). 2. Develop and make available in various formats (hardcopy and electronic) an educational brochure for distribution throughout the community(to be completed by February 2014). 3. Develop a PowerPoint presentation which describes the Complete Streets policy in order to share important information with stakeholder and community audiences (to be completed by February 2014). 4. Develop a plan, including content, to use social media (i.e. Facebook, Twitter, Linkedln) as a public relations tool in regards to the Complete Streets policy(to be completed by February 2014). 5. Provide a communication implementation plan to Bloomington Public Health staff by December 31,2013. 8 AGENDA SECTION: CONSENT AGENDA ITEM# 3I REPORT# 248 STAFF REPORT gec*ce CITY COUNCIL MEETING DECEMBER 10, 2013 REPORT PREPARED BY: TODD SANDELL, DIRECTOR/CHIEF OF POLICE NAME,TITLE DEPARTMENT DIRECTOR REVIEW: 3%,----;1-s-14d SIGNATURE OTHER DEPARTMENT REVIEW: Ei N/A/ SIGNATU1 REVIEWED BY CITY MANAGER: IM A17 ,///4 ALAII. ,__ ,' / 1 4 ITEM FOR COUNCIL CONSIDERATION: Council approval of resolution accepting contributions for police events and programs. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution allowing the acceptance of monetary support solicited for Public Safety/Police in support of Safety Day and Nite to Unite and unsolicited from the Richfield American Legion unit #435. II. EXECUTIVE SUMMARY Throughout the year, donations are received from various agencies, businesses and private individuals to be used for special events or programs for the department. Some annual events, such as Safety Day and Nite to Unite, are solicited by the department. Other donations are made unsolicited through programs or grants from agencies or individuals for specific programs. III. BASIS OF RECOMMENDATION A. BACKGROUND • The Department of Public Safety/Police holds several annual events that require outside funding to occur. Staff members solicit donations 121013 Resolution Accepting Contributions for Police Events and Programsxxx from businesses and/or individuals to support these programs. Unsolicited donations are also received from various individuals or businesses to help support the purchase of other non-budgeted department needs such as bullet proof vests. • A list of the donations and designated programs for 2013 is attached. B. POLICY • Minnesota Statute 465.03 requires that 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. • The Administrative Services Department issued a memo on November 9, 2004, requiring that all grants and restricted donations to departments be received by resolution and passed by more than two- thirds majority of the City Council in accordance with Minnesota Statute 465.03. C. CRITICAL TIMING ISSUES • Donations have been received and applied to the designated areas as indicated by the donors. D. FINANCIAL • Financial donations have been deposited in the funds supporting the designated programs. E. LEGAL • N/A F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS) • Monetary donations would have to be returned to the agency/business/individuals if Council does not adopt the resolution. V. ATTACHMENTS • Resolution approving acceptance of donations • List of donations and specified areas for the donation to be applied. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. RESOLUTION AUTHORIZING RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE DEPARTMENT TO ACCEPT DONATIONS FROM THE LISTED AGENCIES, BUSINESSES AND PRIVATE INDIVIDUALS FOR DESIGNATED USES WHEREAS, the Department of Public Safety/Police Division, through it's Director, received checks from the following for Safety Day and Nite to Unite, Target Richfield Bloomington Credit Union Best Buy Richfield Rotary Sons of Richfield American Legion (#435) Richfield American Legion &Auxiliary (#435) Richfield R.E.A.D.Y. Richfield Police Union as well as an unsolicited donation for $50 from Richfield American Legion Unit 435 for bullet proof vests; and, WHEREAS, Minnesota Statute requires every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council; and, WHEREAS, the donated funds will be used towards the designated events sponsored by Richfield Police. NOW, THEREFORE, BE IT RESOLVED that the Director of Public Safety/Chief of Police will accept the donations to be placed in the accounts as specified. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of December, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk CASH OR CHECKS RECEIVED 2013 NAME INDIVIDUAL OR BUSINESS AMOUNT DESIGNATION Richfield/Bloomington Credit Union $ 500 Safety Day Richfield R.E.A.D.Y. $ 200 Safety Day Richfield Rotary $ 750 Safety Day Richfield American Legion & Auxiliary (#435) $ 200 Safety Day Best Buy $ 500 Safety Day Sons of Richfield American Legion (#435) $ 400 Richfield Police Union $ 200 Safety Day $2,750 Target $ 500 Nite to Unite Richfield American Legion (#435) $ 50 Police Dept. Vest Fund 080911 Resolution Accepting Contributions for Police Events and Programs AGENDA SECTION: CONSENT AGENDA ITEM# 3J REPORT# 249 STAFF REPORT gec4te ed CITY COUNCIL MEETING DECEMBER 10, 2013 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME TITLE DEPARTMENT DIRECTOR REVIEW: 4-Th SIGNATURE OTHER DEPARTMENT REVIEW: N/A • SIGNA'u' REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of approval of a 2014 contract with the City of Bloomington, using public health emergency preparedness grant funds distributed by a federal grant from the Centers for Disease Control, to provide services in the area of public health emergency preparedness/bioterrorism and the development of a response system. I. RECOMMENDED ACTION: By Motion: Approve the 2014 contract with the City of Bloomington using federal grant funds, to provide services in the area of public health emergency preparedness/bioterrorism and the development of a response system. II. EXECUTIVE SUMMARY The City of Richfield has had a Public Health Emergency Preparedness contract with the City of Bloomington to provide public health emergency preparedness services on Richfield's behalf for many years. This is our 2014 contractual agreement with Bloomington that requires City Council approval. III. BASIS OF RECOMMENDATION 1210Emerxxx A. BACKGROUND • The State of Minnesota has received funds from the federal government (Centers for Disease Control) to be used in developing agencies' public health emergency preparedness/response to bioterrorism. This is part of a nationwide effort to respond to serious public health emergencies. There are specific requirements in the grant in the areas of coordination, assessment, planning and exercise, response surveillance, Health Alert Network, risk communication, training and provides services and activities to improve the mass dispensing of medicines and medical supplies through the Cities Readiness initiative. • The City of Richfield will receive $28,124 for the grant cycle which runs from July 1, 2013 — June 30, 2014. The contract with the City of Bloomington for this same period of time for public health emergency preparedness is in the amount of$18,508 with a second amount of $7,116 being passed through directly to Bloomington to meet the Cities Readiness Initiative (CRI) which is intended to be used metro wide to regionally fund public health emergency preparedness planning, exercise, training and activities. A remaining amount of $2,500 is retained by Richfield for our staff time, training, planning and exercise in public health emergency preparedness activities. • Richfield continues to pool these federal grant dollars with Bloomington and Edina with a portion of these funds used to support a Public Health Emergency Preparedness Coordinator for the three cities. Lisa Brodsky, Public Health Emergency Preparedness Coordinator, is representing the Tri City area (Bloomington, Edina and Richfield) and has been regularly meeting with Richfield and Edina health staff to plan and develop the requirements of the grant funds. B. POLICY • The City of Richfield became a Local Public Health Agency (LPHA) in 1977, which makes the City eligible to receive these grant funds to use in the development of a public health emergency response system specific to Richfield and its needs. C. CRITICAL TIMING ISSUES • These funds are part of a nationwide effort by the Federal government to respond to serious public health emergencies, to include threats of bioterrorism. D. FINANCIAL • Funds being used are those given to Richfield as a LPH agency, from the federal government, to develop a system for responding to public health emergency preparedness and bioterrorism threats. E. LEGAL • The City must comply with the requirements of the grant in order to receive grant funds. • The City Attorney has reviewed the contents of the contract and has approved of it. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The City Council could decide not to approve the contract with the City of Bloomington for the services of a Public Health Emergency Preparedness Coordinator in developing a public health emergency preparedness/bioterrorism plan. This would mean that the City would have to hire a staff person to assume some of the grants' responsibilities, which cannot be met with current City staffing levels and would result in a significant budget increase. V. ATTACHMENTS • 2014 City of Bloomington Public Health Preparedness/bioterrorism contract VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGREEMENT BETWEEN THE CITIES OF BLOOMINGTON AND RICHFIELD FOR PUBLIC HEALTH PREPAREDNESS AND RESPONSE TO BIOTERRORISM a THIS AGREEMENT, is made and entered into this day of 2013, by and between the City of Bloomington, a Minnesota municipal corporation, located at 1800 West Old Shakopee Road, Bloomington, Minnesota 55431 (hereinafter referred to as "Bloomington"), and the City of Richfield, a Minnesota municipal corporation, located at 6700 Portland Avenue, Richfield, Minnesota 55423 (hereinafter referred to as "Richfield"). WITNESSETH WHEREAS, Bloomington warrants and represents that its Division of Public Health is a duly certified public health agency operating in accordance with all applicable federal and state requirements; and WHEREAS, Bloomington's Division of Public Health provides Public Health Emergency Preparedness Services to respond to bioterrorism, infectious diseases, and other threats to public health including, but not limited to coordination, assessment, planning and exercise, response, surveillance, Health Alert Network (HAN), and training (hereinafter referred to as "PH Emergency Preparedness Services"); and provides services and activities to improve the mass dispensing of medicines and medical supplies through the Cities Readiness Initiative (hereinafter referred to as "CRI Duties"); and WHEREAS, Richfield wishes to promote, support, and maintain the health of its residents by providing public health emergency preparedness, and CRI planning activities, and to contract with Bloomington, through its Division of Public Health, to provide such services to residents of Richfield; NOW, THEREFORE, the parties hereto, and for consideration of the covenants hereinafter set forth, agree as follows: I. TERM OF AGREEMENT The term of this Agreement shall be from July 1, 2013 through June 30, 2014, subject to termination as provided in Subdivision VI. II. DUTIES OF THE PARTIES A. Bloomington, through its Division of Public Health, agrees to provide residents of Richfield with the following PH Emergency Preparedness Services: 1. Develop a work plan for incorporating the grant duties listed in this document. Work plan guidance will be presented at the readiness summit in July 2013. Grantees shall work with their regional Public Health Preparedness consultants to gain approval for the work plan. 2. Complete and submit Capability Planning Guide (CPG). 3. Complete and submit Performance Measure data elements as required by Centers for Disease Control and Prevention. 4. Present a community presentation designed to increase the recognition of potential public health impacts in various disaster scenarios and highlight public health emergency preparedness efforts. 5. Plan and coordinate preparedness, response, and recovery efforts at the jurisdictional level with healthcare entities (hospitals, healthcare providers, mental/behavioral health systems), emergency medical services, emergency management, tribes, and other response partners, as applicable, and to share expertise, coordinate training and exercises, and evaluate response and recovery to incidents. Assure policies and procedures related to these activities are documented in written plans. 6. Identify community populations with access and functional communication needs; and engage with appropriate partners to develop communication strategies for these populations. Assure policies and procedures related to 3J- these activities are documented in written plans. 7. In partnership with other disciplines, establish a process to regularly update jurisdictional risk assessments that specifically address public health, healthcare, and mental/behavioral health system risks. Assure policies and procedures related to these activities are documented in written plans. 8. Increase or strengthen engagement of a minimum of two (2) new community partners at the local level to address gaps in readiness. Assure policies and procedures related to these activities are documented in written plans. 9. Monitor recovery efforts in collaboration with jurisdictional and regional partners. Assure policies and procedures related to these activities are documented in written plans. 10. Based on the risk assessment completed, or a more recent hazard and vulnerability assessment, define at least five (5) incident objectives for each of the top three (3) threats, that would guide the first operational period of the response . Assure policies and procedures related to these activities are documented in written plans. 11. Reply to all STATE Health Alerts and Health Alert Updates, and transmit the STATE'S Health Alerts and Health Alert Updates to local Health Alert Network recipients as requested by the STATE within one hour of receipt, if relevant to their jurisdiction. 12. Reply to all STATE Health Advisories and Health Advisory Updates, and transmit the STATE Health Advisories and Health Advisory Updates within 24 hours of receipt, if relevant to their jurisdiction. 13. Conduct a minimum of two (2) Health Alert Network (HAN) exercises that include but are not limited to hospitals, clinics, nursing homes, emergency managers, and those who according to agency discretion are apparent and necessary to ensure an efficient response to any public health emergency. Monitor the acknowledgement of response times for each exercise and work towards a target response rate of 80% or more from each of the partner organizations within two (2) hours. 14. Work with local and regional partners from multiple disciplines to define local public health's role in mass care. 15. Maintain Medical Countermeasure Dispensing, Material Management, and Distribution plans and agreements in order to assure countermeasures can be provided to 100% of their identified population within 48 hours after the federal decision to do so. Assure policies and procedures related to these activities are documented in written plans. 16. Submit Countermeasure Dispensing and Distribution plan to the Minnesota Department of Health. 17. Based on deficits identified and technical assistance requested, address at least one (1) dispensing medical countermeasures issue, and at least one (1) issue on managing inventory or distributing countermeasures. 18. Develop a strategy to formalize membership in the regional Health Coalition, including representation on the Regional Health Coalition Advisory Committee. Assure policies and procedures related to these activities are documented in written plans. 19. Maintain a designated MN Responds administrator to manage the Medical Reserve Corps volunteer database; and coordinate with jurisdictional health care agencies and regional Health Coalition efforts to recruit, train, and deploy volunteers in accordance with state and federal law. Assure policies and procedures related to these activities are documented in written plans. 20. Test the MN Responds database volunteer notification, by an exercise or as a part of a response. 21. Develop strategies to identify and address gaps in volunteer management plan to meet current components of the volunteer management capabilities listed in the Centers for Disease Control and Prevention Public Health Preparedness Capabilities planning guide. 22. Prepare, update, and maintain a Multi-year (5-year) Exercise and Training Plan, in conjunction with City/County/Tribal Emergency Management, designed to close gaps or maintain required preparedness competencies. Provide timely updates of the Exercise and Training Plan. 23. Submit Multi-year Exercise and Training Plan. 24. Conduct at least one (1) annual exercise to test preparedness and response capabilities. This annual requirement could include tabletop, functional, or full-scale exercises that test public health preparedness and response capabilities. 25. Submit Exercise and Training Reports in accordance with STATE guidance. 26. Develop exercises in accordance with Homeland Security Exercise Evaluation Program (HSEEP) standards. a. Ensure community exercises are posted in the National Exercise Scheduler (NEXS). b. Measure and report throughput data according to STATE guidance for any dispensing or vaccinating drills or exercises conducted locally or regionally. 3J= to c. Submit an After Action Report and Improvement Plan (AAR/IP) for each exercise conducted at any level with federal funds. d. Post select AAR/IPs as identified by the STATE to the Lessons Learned Information System (LLIS). e. Monitor and implement corrective actions. 27. Participate in the planning of one (1) joint full-scale exercise that includes Medical Countermeasure distribution and dispensing elements within the five-year project period. This requirement applies to the health coalition(s) and all public health departments encompassed by the associated CRI metropolitan statistical areas (MSA). 28. Conduct a minimum of three (3) different Division of Strategic National Stockpile (DSNS) drills in accordance with the following: a. Each drill shall be a different type. b. The three drills shall be chosen from the available drills, as indicated on the DSNS extranet website. 29. Submit after action reports/improvement plans and/or other requested documentation through the DSNS web-based data collection system. Submit required documents to OEP as directed. 30. Complete a self-assessment as directed by the STATE covering local technical assistance review (LTAR) elements and related public health capabilities. 31. Participate in an LTAR progress report visit to be conducted by MDH or CDC. Submit Countermeasure Dispensing and Distribution plan and any requested supporting documentation. B. Payment. Richfield agrees to pay to Bloomington the not-to-exceed amount of EIGHTEEN THOUSAND FIVE HUNDRED EIGHT AND NO/100 DOLLARS ($18,508.00) for PH Emergency Preparedness Services and the not-to-exceed amount of SEVEN THOUSAND ONE HUNDRED SIXTEEN AND NO/100 DOLLARS ($7,116.00) for CRI Duties, for a total not-to-exceed amount of TWENTY FIVE THOUSAND SIX HUNDRED TWENTY FOUR AND NO/100 DOLLARS ($25,624.00) during the term of this Agreement, to be paid according to the following terms: 1. Bloomington shall bill Richfield for PH Emergency Preparedness Services and CRI Duties as follows: Invoice Date Amount Upon Contract Execution $12,812 February 1, 2014 $6,406 May 1, 2014 $6,406 Payment shall be made within fifteen (15) days of receipt by Richfield of Bloomington's invoice. 2. In the event Richfield desires to inspect the financial books and records of Bloomington related to the providing of PH Emergency Preparedness Services and CRI Duties by Bloomington, Bloomington shall make its financial books and records available at the Bloomington City Hall for inspection and copying by Richfield, or any agent, employee, or representative of Richfield, upon reasonable request during business hours. 3. In the event of termination pursuant hereto, the payment next due shall be prorated and paid for only the period ended on the date of termination, and Richfield shall pay such reduced payment for the period ended on the date of termination, within fifteen (15) days after receipt of Bloomington's invoice. C. It shall be the sole responsibility of Bloomington to determine the qualifications, functions, training, and performance standards for all health service personnel who render PH 3 5- g Emergency Preparedness Services and CRI Duties under this Agreement. D. Bloomington will communicate with Richfield relative to PH Emergency Preparedness Services and CRI Duties to be performed hereunder by Bloomington, such communication to be in the form of reports, conferences, or consultations, as they request. E. At Richfield's request, and not more than two (2) times during the term of this Agreement, responsible administrative officers from Bloomington shall attend meetings of the Richfield City Council or appropriate board or commission to answer questions and give further information relative to the activities performed and PH Emergency Preparedness Services and CRI Duties rendered under this Agreement. F. Richfield shall defend, indemnify and hold harmless Bloomington, its officials, employees, volunteers and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from Richfield's (including its officials, agents, employees, and/or volunteers) performance of the duties required under this Agreement, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of Richfield. G. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting Richfield's staff as the agents, representatives or employees of Bloomington for any purpose in any manner whatsoever. Richfield and its staff are to be and shall remain an independent contractor with respect to all services performed under this Agreement. Richfield represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of Richfield or other persons, while engaged in the performance of any work or services required by Richfield under this Agreement, shall not be considered employees of Bloomington, and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against Richfield, its officers, agents, contractors or employees shall in no way be the responsibility of Bloomington; and Richfield shall defend, indemnify and hold Bloomington, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from Bloomington, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA. H. The parties agree to comply with the Minnesota State Human Rights Act, Minnesota Statutes, Section 363. I. Each of the parties shall maintain insurance in the amounts shown below during the entire term of this Agreement. Neither party shall not allow any subcontractor to commence work until all insurance has been obtained and copies have been filed and accepted by the other party. All respective insurance must be provided at each party's own expense and at no additional cost to the other party. 1. Commercial General Liability - Bodily injury in the amount of at least $500,000 per individual and $1,500,000 per occurrence for injuries or death arising out of each occurrence. In the alternative, each party may maintain a general aggregate of at least $2,000,000. 2. Property Damage Liability - Property damage liability in the amount of $1,500,000 for each occurrence. 3. Automotive Liability — Automotive liability in the amount of $500,000 per individual and $1,500,000 per occurrence for any injuries, including death, arising out of each occurrence and property damage coverage of $1,500,000 for each occurrence. 4. Workers Compensation — Each party shall carry Workers Compensation Insurance as required by Minnesota Statutes, Section 176.181, subd. 2. 3j-- I0 5. Professional Liability — Each party agrees to maintain professional liability insurance in the amount of at least $1,000,000 during the term of this Agreement. 6. Additional Insured — Each party further agrees to name the other party as additional insured on its commercial general liability policy. A certificate of insurance shall be provided to the other party before any work on this project may commence. 7. Notification/Cancellation — Each party agrees to notify the other party thirty (30) days prior to cancellation or change in terms of the above insurance coverage. J. Richfield agrees that Bloomington will own and have the right to use, reproduce and apply as it desires, any data, reports, analyses and materials which are collected or developed by Richfield or anyone acting on behalf of Richfield as a result of this Agreement. III. MISCELLANEOUS A. This Agreement represents the entire Agreement between Richfield and Bloomington and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof; any amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. B. Richfield agrees to comply with the Americans with Disabilities Act (ADA) including all applicable provisions of Title II — Public Services and in accordance with 28 C.F.R. Part 35 Subpart B — Section 35.130 of the US Department of Justice Regulations, Section 504 of the Rehabilitation Act of 1973, and not discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. Richfield agrees to hold harmless and indemnify Bloomington from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought alleging a violation of ADA and/or Section 504 caused by the Contractor. Upon request accommodation will be provided to allow individuals with disabilities to participate in all services, programs and activities. Richfield agrees to utilize their own text telephone or the Minnesota TTY Relay 33-- Il Service in order to comply with accessibility requirements. Bloomington has designated coordinators to facilitate compliance with the Americans with Disabilities Act of 1990, as required by 28 C.F.R. Part 35 Subpart B - Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. C. Richfield will comply with all applicable provisions of the Minnesota Government Data Practices Act, Chapter 13 of the Minnesota Statutes. D. Richfield agrees to comply with all applicable local, state and federal laws, rules and regulations in the performance of the duties of this contract. This Agreement shall be governed, interpreted, constructed and regulated by the laws of the State of Minnesota. Minnesota shall also be the venue for any dispute over this Agreement. E. This Agreement shall not be assignable except at the written consent of Bloomington. F. The books, records, documents, and accounting procedures of Richfield, relevant to this Agreement, are subject to examination by Bloomington, and either the legislative or state auditor as appropriate, pursuant to Minnesota Statutes, Section 16C.05, Subdivision 5. G. Bloomington and Richfield agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The mediation shall be conducted through the Conflict Resolution Center, 2101 Hennepin Avenue, Suite 100, Minneapolis, MN 55405. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. H. Richfield agrees that it must pay any subcontractor within ten (10) days of the prime contractor's receipt of payment from the municipality for undisputed services provided by the subcontractor. Richfield agrees that it must pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorneys fees, incurred in bringing the action. Richfield agrees, as a condition of being awarded this Contract, to require each of its agents, officers and employees to abide by the City of Bloomington's policies prohibiting sexual harassment, firearms and smoking, as well as all other reasonable work rules, safety rules or policies regulating the conduct of persons on City property at all times while performing duties pursuant to this Contract. Richfield agrees and understands that a violation of any of these policies or rules constitutes a breach of the Contract and sufficient grounds for immediate termination of the Contract by Bloomington. J. The person signing this Agreement (hereafter "Signatory") represents and warrants that Richfield has authorized him/her to execute this Agreement on its behalf and agrees to be bound by its terms and conditions, including the agreement of Richfield to indemnify and hold Bloomington harmless. In the event Richfield did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liabilities of Richfield, as set forth herein, personally. VI. TERMINATION Either party may terminate this Agreement for any reason upon giving thirty (30) days advanced written notice to the other party. Bloomington reserves the right to cancel this Agreement at any time in event of default or violation by Richfield of any provision of this Agreement. Bloomington may take whatever action at law or in equity that may appear necessary or desirable to collect damages arising 3= )3 from a default or violation or to enforce performance of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF BLOOMINGTON: Dated: By: Its City Manager Reviewed and approved by the City Attorney. City Attorney CITY OF RICHFIELD: Dated: By: Its Mayor Dated: By: Its City Manager AGENDA SECTION: CONSENT AGENDA ITEM# 3K REPORT# 250 STAFF REPORT ge'Cqeel CITY COUNCIL MEETING DECEMBER 10, 2013 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: ' �' l SIG ATURE OTHER DEPARTMENT REVIEW: El N/A tirSIGNAT REVIEWED BY CITY MANAGER: / L • ITEM FOR COUNCIL CONSIDERATION: Approval of the continuation of the agreement with the City of Bloomington for the provision of public health services for the City of Richfield for the year 2014. I. RECOMMENDED ACTION: By Motion: Approve the continuation of the agreement with the City of Bloomington for the provision of public health services for the City of Richfield for the year 2014. H. EXECUTIVE SUMMARY The City of Richfield has had a public health nursing contract with the City of Bloomington to provide public health services on Richfield's behalf for over 30 years. This is our 2014 contractual agreement with Bloomington that requires City Council approval. III. BASIS OF RECOMMENDATION A. BACKGROUND • In 1977, the State of Minnesota enacted the Community Health Services Act which transferred the responsibility for the administration of public health programs to local jurisdictions. The State also 1210Nursxxx provided funds for the program and encouraged local jurisdictions to increase the efficiency of their programs by grouping together whenever it made sense to do so. Richfield entered into a contractual agreement with Bloomington at that time and the program has been administered under a contract with them since then. The Act was revised in 2003 and is now referred to as the Local Public Health Act. • The contract amount for providing public health services in 2014 reflects a 3% increase over the 2013 contract amount. The contract amount for 2014 is $215,430 with the 2013 contract amount having been $209,150. • In 2004, changes were made to the Public Health Act at the State level to make reporting and accountability recordkeeping more efficient. Those changes also "regrouped" a large number of funding sources into one, which gives more personalization of the funds for the best specific use of dollars within the community to be used in conjunction with subsidy guidelines. It is now referred to as the Local Public Health subsidy. B. POLICY • The City of Bloomington has sufficient resources to provide a professional level of public health services to Richfield residents. Annual evaluations of their services has shown that they are providing effective services in a very cost efficient manner and that Richfield residents are very satisfied. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • N/A E. LEGAL • The City Attorney has reviewed the contents of the contract and has approved of it. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council could decide to have Richfield provide its own public health nursing services. The costs of hiring the nursing staff necessary to provide the same level of services and administrative support would be more than our current expenditures and would require a budget increase. V. ATTACHMENTS • 2014 Bloomington Public Health Contract VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGREEMENT BETWEEN THE CITIES OF BLOOMINGTON AND RICHFIELD TO PROVIDE LOCAL PUBLIC HEALTH SERVICES THIS AGREEMENT, made and entered into this day of , by and between the City of Bloomington, a Minnesota municipal corporation, in the County of Hennepin, State of Minnesota("Bloomington"), and the City of Richfield, a Minnesota municipal corporation, in the County of Hennepin, State of Minnesota("Richfield"). WITNESSETH: WHEREAS, Bloomington warrants and represents that its Division of Public Health is a public health agency operating in accordance with all applicable federal and state requirements; and WHEREAS, Bloomington provides local public health services, including, but not limited to public health nursing services (including home visits),public health clinics, health education, health promotion services, disease prevention and control, health planning, and program administration; and WHEREAS, Richfield wishes to promote, support, and maintain the health of its residents by providing local public health services such as health education, communicable disease programs,public health nursing services, health assessment, counseling, teaching, and evaluation in the community, home and clinic setting at a nominal fee to those making use of such services, and to contract with Bloomington, through its Division of Public Health, to provide such services to residents of Richfield; and WHEREAS, the governing bodies of Bloomington and Richfield are authorized by Minnesota Statutes, Section 145A.04, Subdivision 5, and by Minnesota Statutes, Section 471.59, Subdivision 10, to provide local public health services and to enter into agreements with each other for the provision of local public health services by Bloomington to residents of Richfield; and 3K-?- WHEREAS, through this contractual arrangement the provision of local public health services will enable Richfield to document progress toward the achievement of statewide outcomes, as stated in Minnesota Statutes, Section 145A.10, Subdivision 5. NOW, THEREFORE, the parties hereto, and for consideration of the covenants hereinafter set forth, agree as follows: 1. This Agreement shall be for a period from January 1, 2014, to December 31, 2014. 2. Bloomington, through its Division of Public Health, agrees to provide residents of Richfield with local public health services (hereinafter called "Public Health Services"), which includes activities designed to protect and promote the health of the general population within a community health service area by emphasizing the prevention of disease, injury, disability, and preventable death through the promotion of effective coordination and use of community resources, and by extending Public Health Services into the community. 3. Bloomington agrees to provide Public Health Services to the residents of Richfield utilizing the same quality and kind of personnel, equipment and facilities as Public Health Services are provided and rendered to residents of Bloomington. 4. Bloomington shall provide the Public Health Services pursuant hereto on a confidential basis, using capable, trained professionals. 5. All Public Health Services to be rendered hereunder by Bloomington shall be rendered pursuant to and subject to public health policies, rules, and procedures now or hereafter, from time to time, adopted by the Bloomington City Council, and in full compliance with all applicable state and federal laws, provided, however, that(i) no policy, rule, or procedure hereafter adopted by the Bloomington City Council shall in any way affect, modify, or change the obligations, duties, liabilities, or rights of the parties hereto as set out in this Agreement, or reduce or detract from the kind, quality, and quantity of Public Health Services to be provided hereunder by Bloomington to residents of Richfield, and (ii) all such policies, rules and procedures shall be uniformly applied to all persons receiving Public Health Services. Sg.-3 6. Richfield agrees to pay Bloomington, for Public Health Services provided pursuant to this Agreement according to the following terms: a. The annual sum of TWO HUNDRED FIFTEEN THOUSAND, FOUR HUNDRED AND THIRTY DOLLARS AND NO/100 ($215,430) shall be paid in quarterly payments of FIFTY THREE THOUSAND, EIGHT HUNDRED AND FIFTY SEVEN DOLLARS AND 50/100 ($53,857.50)to Bloomington within fifteen(15) days of the receipt by Richfield of each of the statements to be given pursuant to Paragraph 6.B hereof, subject, however, to the provisions of Paragraph 6.0 hereof. b. On April 15, July 15, and October 15, 2014 and on January 15, 2015, Bloomington shall send Richfield a statement, covering the period of three (3) calendar months preceding the month in which the statement is given. c. Should any dispute arise over this Agreement, Richfield shall pay for any undisputed charges for the previous three (3)month period when due. Disputed amounts will be addressed by both parties. If no agreeable solution is reached,the dispute will be handled pursuant to Paragraph 22. 7. In the event Richfield desires to inspect the financial books and records of Bloomington related to the provision of Public Health Services hereunder, Bloomington shall make its financial books and records available at the Bloomington City Hall for inspection and copying by Richfield, or any agent, employee, or representative of Richfield, during business hours. 8. It shall be the sole responsibility of Bloomington to determine the qualifications, functions, training, and performance standards for all personnel rendering Public Health Services under this Agreement. 9. Bloomington will communicate with Richfield relative to Public Health Services to be performed hereunder, in the form of reports, conferences, or consultations, as Richfield shall request. All reports relating to the provision of Public Health Services that are given by Bloomington to the Bloomington City Council or to the City Manager during the term of this Agreement shall also be given to Richfield. 10. Bloomington also agrees to send to Richfield quarterly and annual reports describing the Public Health Services performed pursuant to this Agreement. Such reports shall be in such detail and form as Richfield may reasonably request. Also, at Richfield's request, made not more than two (2)times during the term of this Agreement, responsible administrative officers of Bloomington's Division of Public Health shall attend meetings of the Richfield City Council, or appropriate board or commission, to answer questions and give further information relative to the activities performed and Public Health Services rendered under this Agreement. 11. Bloomington, through its Division of Public Health, will also provide services to Richfield for Title V Maternal Child Health(MCH) and Temporary Assistance to Needy Families (TANF)to qualifying women, infants and children and adolescents. Richfield agrees to assign its rights to Minnesota Department of Health (MDH) funding provided for the MCH and TANF programs for fiscal year 2014. Bloomington will complete all required services, reports and documentation for these programs and will directly invoice MDH for the MCH and TANF services for up to $78,522 that Bloomington provides to Richfield residents. 12. Bloomington hereby agrees to maintain in force its present policy of commercial general liability insurance in compliance with Minnesota Statutes, Section 466, and professional liability coverage in the amount of at least$1,000,000 per occurrence for the term of this Agreement. Said policy shall be with an insurance company authorized to do business in Minnesota. If requested, Bloomington will provide a certificate of insurance evidencing such coverage. Upon request, Richfield may be named as an additional insured on Bloomington's commercial general liability insurance only. 13. Bloomington shall further require medical malpractice insurance coverage by its physicians and other licensed professionals with whom Bloomington has a contract for professional services. 14. Either party may terminate the Agreement by providing the other party one hundred twenty(120) days written notice to the other. Upon such termination, all obligations and liabilities of the parties hereunder shall cease and terminate, except the provisions of Paragraph 12 and 13 hereof shall continue and survive such termination. Also, in the event of termination pursuant hereto, the quarterly payment next due shall be prorated and paid for only the period ended on the date of termination, and Bloomington shall send to Richfield, within thirty(30) days after such termination, a report in the form of, and in lieu of,the annual report required by Paragraph 10 hereto, and Richfield shall pay such reduced quarterly payment for the period ended on the date of termination, within fifteen (15) days after receipt of report. 15. Bloomington and Richfield understand and agree that each shall apply and qualify, independently and separately, for any and all grants, matching funds, and/or payments of all kind from state, federal, and other governmental bodies relating to, or for the provision of, any or all of the Public Health Services, and any and all such grants,matching funds, and payments shall belong to the recipient and be used and applied as the recipient thereof shall determine, without regard to this Agreement. 16. All notices, reports, or demands required or permitted to be given under this Agreement shall be in writing and shall be deemed to be given when delivered personally to an officer of the party to which notice is being given, or when deposited in the United States mail in a sealed envelope, with registered or certified mail, postage prepaid thereon, addressed to the parties at the following addresses: To Bloomington: 1800 West Old Shakopee Road Bloomington, Minnesota 55431 Attention: City Manager To Richfield: 6700 Portland Avenue South Richfield, Minnesota 55423 Attention: City Manager 3 Such addresses may be changed by either party upon notice to the other party given as herein provided. 17. The parties agree to comply with the following laws and regulations: a. Richfield agrees to comply with the Americans With Disabilities Act and agrees to hold harmless and indemnify the City of Bloomington from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought by third parties alleging a violation of ADA by Richfield. b. Bloomington does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services,programs, or activities. Bloomington has designated coordinators to facilitate compliance with the Americans With Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. For information contact the Human Services Division, City of Bloomington, 1800 Old West Shakopee Road, Bloomington, Minnesota 55431; telephone (952) 563-8700; TTY: (952) 563- 8740. c. Bloomington agrees to hold harmless and indemnify Richfield from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought by third parties alleging violation of ADA by Bloomington. d. The parties agree to comply with the Minnesota State Human Rights Act, Minnesota Statutes, Section 363A. 18. Non-Assignment. The parties agree that this Agreement shall not be assignable except at the written consent of both parties. 19. Scope of Agreement. This Agreement represents the entire Agreement between Richfield and Bloomington and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof; and 3141 amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. 20. Each party will comply with all applicable provisions of the Minnesota Government Data Practices Act, Chapter 13 of the Minnesota Statutes. 21. Liability for Richfield and Bloomington shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466. Nothing in this Section is intended or shall operate as a waiver of any defenses or limitations on liability available under the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466. The provisions of this Section are not intended for the benefit of any third party. In the event of any claims or actions filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. 22. Bloomington and Richfield agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The mediation shall be conducted through the Conflict Resolution Center, 2101 Hennepin Avenue, Suite 100, Minneapolis, Minnesota 55405. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non- binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. (LEFT INTENTIONALLY BLANK) 3" IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed and their corporate seal to be affixed hereto the day and year first above written. CITY OF BLOOMINGTON: Dated: By: Its Mayor Dated: By: Its City Manager Reviewed and approved by the City Attorney. City Attorney CITY OF RICHFIELD: Dated: By: Its Mayor Dated: By: Its City Manager AGENDA SECTION: CONSENT AGENDA ITEM# 3L REPORT# 251 STAFF REPORT, Gceed CITY COUNCIL MEETING DECEMBER 10, 2013 BETSY OSBORN, SUPPORT SERVICES REPORT PREPARED BY: MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: C. , , t , 19 SIGNA .• OTHER DEPARTMENT REVIEW: ❑ N/ REVIEWED BY CITY MANAGER: r ppirri�� / ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of 2014 licenses for on-sale 3.2 percent malt liquor, off-sale 3.2 percent malt liquor, taxi companies, and rental of trailer and trucks doing business in Richfield. I. RECOMMENDED ACTION: By Motion: • Approve the 2014 renewal of named business licenses for on- sale 3.2 percent malt liquor and off-sale 3.2 percent malt liquor establishments doing business in Richfield. • Approve the 2014 renewal of named business licenses for taxi companies doing business in Richfield. • Approve the 2014 renewal of named business licenses for rental of trailers and trucks doing business in Richfield. II. EXECUTIVE SUMMARY Staff completed a staff report for each business at the time they originally applied for and received Council approval to operate their business or to sell on-sale 3.2 percent malt liquor and off-sale 3.2 percent malt liquor at their business in the City of Richfield. This is simply a request to renew their annual license for 2014. There is not a public hearing requirement for renewals for these types of licenses. The businesses named in this report are presented for Council's approval on this date. 121013 Consent III. BASIS OF RECOMMENDATION A. BACKGROUND Staff completed a staff report for each business at the time they originally applied for and received Council approval to operate their business or to sell on-sale 3.2 percent malt liquor and off-sale 3.2 percent malt liquor at their business in the City of Richfield. This is simply a request to renew their annual license for 2014. There is not a public hearing requirement for renewal for these types of licenses. The businesses named in this report are presented for Council's approval on this date. The listed businesses current licenses will expire on December 31, 2013. The businesses named below with the corresponding licenses are presented for Council's approval on this date. Licenses to Operate in Richfield • Airport Taxi — 6 vehicles • A New Star Taxi and Limousine Service — 6 vehicles • Suburban Taxi — 5 vehicles • Gold Star Taxi — 20 vehicles • Continental Taxi, LLC. - 5 vehicles • American Travel — 6 vehicles • Twin Cities Airport Taxi — 5 vehicles • Latino Americano Express (Express Taxi) — 7 vehicles • White Star Taxi — 3 vehicles • 10-10 Taxi — 10 vehicles • Latino Express — 6 vehicles Licenses to operate Trailer and Truck Rental • Paul's Rentals & Sales: Trailer and truck rental. Licenses to sell 3.2 percent Malt Liquor • Aldi Foods — Off Sale • El Jalapeno — Off-Sale • Portland Food Mart— Off-Sale • RBF Corporation of Wisconsin (Rainbow Foods) — Off-Sale • Richfield U.S. (Gas station 67th & Penn) — Off-Sale • SuperAmerica #4186 — Off-Sale • SuperAmerica #4188 — Off-Sale • SuperAmerica #4191 — Off-Sale • SuperAmerica #4615 — Off-Sale • Target Corporation — Off-Sale • Sandy's Tavern — On-Sale • Vina Restaurant— On-Sale • Davanni's — On-Sale • Champps (Ice Arena location) — On-Sale B. POLICY • All businesses must annually request renewal of their 3.2 percent malt liquor licenses to the City Council. • Businesses must meet the requirements for renewal of their licenses. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • All license fees must be paid and application forms submitted in order to be considered for license renewal. E. LEGAL • N/A F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Deny the request for the renewal of 2014 licenses for on-sale 3.2 percent malt liquor, off-sale 3.2 percent malt liquor, taxi companies, and rental of trailer and trucks doing business in Richfield. This would result in the applicants not being able to conduct business within the City in 2014. However, there have been no issues with any of these establishments and the Public Safety Department has found no reason to deny any of the requested licenses. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Businesses have been notified of the date of presentation to the City Council but are not required to attend. AGENDA SECTION: PUB.HEARING AGENDA ITEM# 5A REPORT# 252 STAFF REPORT Gc4#e�d CITY COUNCIL MEETING DECEMBER 10, 2013 BETSY OSBORN, SUPPORT SERVICES REPORT PREPARED BY: MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: 11( SIGNATURE OTHER DEPARTMENT REVIEW: 11 N/A SIGNAT RE REVIEWED BY CITY MANAGER: ruig4 I ITEM FOR COUNCIL CONSIDERATION: Public Hearing for the consideration of the renewal of 2014 pawnbroker and secondhand goods dealer licenses for Metro Pawn & Gun, Inc., 7529 Lyndale Avenue South. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of 2014 pawnbroker and secondhand goods dealer licenses for Metro Pawn & Gun, Inc., 7529 Lyndale Avenue South. II. EXECUTIVE SUMMARY On November 04, 2013, the City received the application materials for the renewal of pawnbroker and secondhand goods dealer licenses for Metro Pawn & Gun, Inc., 7529 Lyndale Avenue South. All required information and documents have been provided. All licensing fees have been received. This agenda item is the first request out of two for the renewal of pawnbroker and secondhand goods dealers' licenses. If no Council member objects, the Council may conduct a single public hearing for all of the license approvals and may pass all of the resolutions with a single motion. If a single/individual public hearing is called for, the Mayor should require each speaker to identify the particular license to which the person is speaking. Any Council member may request that the question be 121013 Metro Pawn&Gun,Inc. divided, if the Council member wishes to address any one or all of the proposed resolutions by a separate motion. III. BASIS OF RECOMMENDATION A. BACKGROUND On November 04, 2013, the City received the application and other required documents for pawnbroker and secondhand goods dealer licenses for Metro Pawn & Gun, Inc. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are not delinquent. • The $5,000 bond has been submitted. • Environmental health staff has received no complaints regarding Metro Pawn & Gun in the previous year. The Public Safety Background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested license. The Pawnbroker and secondhand goods dealer licenses will expire on December 31, 2013. B. POLICY • Richfield City Code Sections 1186 and 1187 require owners of pawnbroker and secondhand good dealer establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • The required licensing fees have been received. E. LEGAL • N/A F. ENVIRONMENTAL CONSIDERATIONS • N/A lIV. ALTERNATIVE RECOMMENDATION(S) • The Council could decide to deny the requested licenses, which would mean the current applicants would not be able to obtain pawnbroker and secondhand goods dealer licenses. • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • Summary of background investigation. • Breakdown of Public Safety contacts. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Metro Pawn & Gun staff SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR METRO PAWN & GUN, INC. Officers: Mark Nichols, Owner Elizabeth Nichols, Owner John Kunst, Store Manager Criminal History: Mark and Elizabeth Nichols are the owners of the establishment. John Kunst continues to serve as the store manager. None of these individuals has any known criminal record. Premises: The property is owned by Mark and Elizabeth Nichols. Record of Service Calls: There were five Public Safety/Police contacts with Metro Pawn & Gun, Inc. from October 2012 through September 2013. This compares with ten contacts for the previous year. A breakdown of these contacts is attached to this report. Routine Information: The owner of the business continues to act in a cooperative manner with the Public Safety Department on the recovery of stolen articles. The Notice of Public Hearing was published in the Richfield Sun Current on November 21, 2013. Metro Pawn & Gun, Inc. Directors and Officers Mark William Nichols Owner Elizabeth Marie Nichols Owner John Alan Kunst Store Manager PUBLIC SAFETY CONTACTS October 2012 through September 2013 Metro Pawn & Gun, Inc. 2012 2013 TOTAL CONTACTS 10 5 CRIMINAL CONTACTS 4 1 Incidents (see bottom of page for specifics) (4) (1) Alarm (0) (0) MISC. NON-CRIMINAL 6 4 Assists (6) (3) Traffic (0) (1) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from October 2012 through September 2013 were: one threat. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: PUB. HEARING 'AGENDA ITEM# 5B 'REPORT# 253 STAFF REPORT g664#e"ed CITY COUNCIL MEETING DECEMBER 10, 2013 BETSY OSBORN, SUPPORT SERVICES REPORT PREPARED BY: MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: d (-WO SIGNATURE OTHER DEPARTMENT REVIEW: 0 NI'd / REVIEWED BY CITY MANAGER: h ITEM FOR COUNCIL CONSIDERATION: Public Hearing for the consideration of the renewal of 2014 pawnbroker and secondhand goods dealer licenses for University Cash Company, Inc., d/b/a Avi's Pawn & Jewelry, 6414 Nicollet Avenue South. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of 2014 pawnbroker and secondhand goods dealer licenses for University Cash Company, Inc., d/b/a Avi's Pawn & Jewelry, 6414 Nicollet Avenue South. II. EXECUTIVE SUMMARY On November 05, 2013, the City received the application materials for the renewal of pawnbroker and secondhand goods dealer licenses for University Cash Company, Inc., d/b/a Avi's Pawn & Jewelry, 6414 Nicollet Avenue South. All required information and documents have been provided. All licensing fees have been received. III. BASIS OF RECOMMENDATION 121013 Avi's Pawn&Jewelry A. BACKGROUND On November 05, 2013, the City received the application and other required documents for pawnbroker and secondhand goods dealer licenses for University Cash Company, Inc., d/b/a Avi's Pawn & Jewelry. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are not delinquent. • The $5,000 bond has been submitted. • Environmental health staff has received no complaints regarding Avi's Pawn & Jewelry in the previous year. The Public Safety Background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested license. The Pawnbroker and secondhand goods dealer licenses will expire on December 31, 2013. B. POLICY • Richfield City Code Sections 1186 and 1187 require owners of pawnbroker and secondhand good dealer establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • The required licensing fees have been received. E. LEGAL • N/A F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council could decide to deny the requested licenses, which would mean the current applicants would not be able to obtain pawnbroker and secondhand goods dealer licenses. • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • Summary of background investigation. • Breakdown of Public Safety contacts. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Avi's Pawn & Jewelry staff SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR UNIVERSITY CASH COMPANY, INC., D/B/A AVI'S PAWN & JEWELRY Officers: Andy Strauss, Owner Charles Hayes, Store Manager Criminal History: Andy Strauss is the owner of the establishment. Charles Hayes continues to serve as the store manager. None of these individuals has any known criminal record. Premises: The property is owned by L.N.S. Real Estate Partnership. The lease between the applicant and the property owner is in effect with all payments current. Record of Service Calls: There were seven Public Safety/Police contacts with Avi's Pawn & Jewelry from October 2012 through September 2013. This compares with eight contacts for the previous year. A breakdown of these contacts is attached to this report. Routine Information: The owner of the business continues to act in a cooperative manner with the Public Safety Department on the recovery of stolen articles. The Notice of Public Hearing was published in the Richfield Sun Current on November 21, 2013. Avi's Pawn & Jewelry Directors and Officers Andy Jason Strauss Owner Charles John Hayes Store Manager PUBLIC SAFETY CONTACTS October 2012 through September 2013 Avi's Pawn & Jewelry 2012 2013 TOTAL CONTACTS 8 7 CRIMINAL CONTACTS 4 6 Incidents (see bottom of page for specifics) (3) (6) Alarm (1) (0) MISC. NON-CRIMINAL 4 1 Assists (3) (0) Traffic (1) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (1) The criminal contacts from October 2012 through September 2013 were: two suspicious activities, two thefts, one disturbance, and one burglary. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: PUB.HEARING AGENDA ITEM# 6A REPORT# 254 STAFF REPORT gec41(ce td CITY COUNCIL MEETING DECEMBER 10, 2013 BETSY OSBORN, SUPPORT SERVICES REPORT PREPARED BY: NAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: I OV SIGNAT RE OTHER DEPARTMENT REVIEW: El NI A f SIGNAT REVIEWED BY CITY MANAGER: , ITEM FOR COUNCIL CONSIDERATION: Public Hearing for the consideration of the renewal of 2014 club on-sale and Sunday liquor licenses for Fred Babcock V.F.W. Post No. 5555, Inc., d/b/a Four Nickels Food and Drink, 6715 Lakeshore Drive. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of 2014 club on-sale and Sunday liquor licenses for Fred Babcock V.F.W. Post No. 5555, Inc., d/b/a Four Nickels Food and Drink, 6715 Lakeshore Drive. II. EXECUTIVE SUMMARY On October 31, 2013, the City received the application materials for the renewal of club on-sale and Sunday liquor licenses, for Fred Babcock V.F.W. Post No. 5555, Inc., d/b/a Four Nickels Food and Drink, 6715 Lakeshore Drive. All required information and documents have been provided. All licensing fees have been received. This agenda item is the first request out of two for the renewal of club on-sale and Sunday liquor sales. Of the remaining one, if no Council member objects, the Council may conduct a single public hearing for the license approvals and may pass both of the resolutions with a single motion. If a single/individual public 121013 Fred Babcock V.F.W Post No. 5555 hearing is called, the Mayor should require each speaker to identify the particular license to which the person is speaking. Any Council member may request that the question be divided, if the Council member wishes to address any one or all of the proposed resolutions by a separate motion. III. BASIS OF RECOMMENDATION A. BACKGROUND On October 31, 2013, the City received the application and other required documents for club on-sale and Sunday liquor licenses for Fred Babcock V.F.W. Post No. 5555. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are paid and current. • Proof of liquor liability insurance coverage has been received showing Integrity Mutual Insurance Co. affording coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 2012 through September 2013, and indicates that food sales accounted for 45.7% of the total sales, while liquor accounted for 54.3% of the total sales. The VFW is exempt from meeting the code requirement that states that more than 50% of the business activities must be related to the service of food. Due to the fact that they are a club/veterans organization they are exempt from that requirement. • Environmental health staff has received no complaints regarding Fred Babcock V.F.W. Post No. 5555 for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The club on-sale and Sunday liquor licenses will expire on December 31, 2013. B. POLICY • Richfield City Code Section 1202 requires owners of club on-sale and Sunday liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • The required licensing fees have been received. E. LEGAL • The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council could decide to deny the requested licenses, which would mean that the current applicants would not be able to obtain club on-sale and Sunday liquor licenses. • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • Summary of background investigation. • Breakdown of Public Safety contacts. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • V.F.W. staff LePi- SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR FRED BABCOCK V.F.W. POST NO. 5555 Officers: Don Emond, House Committee Chair Valerie Olson, General Manager Criminal History: Don Emond is the House Committee Chair of the organization and Valerie Olson serves as the General Manager. Neither of these individuals has any known criminal history. Premises: Gramercy Park Cooperative at Lake Shore Drive is the owner of the property. The lease between the applicant and the property owner is in effect with all payments current. Record of Service Calls: There were 13 Public Safety/Police contacts with Fred Babcock V.F.W. Post No. 5555 from October 2012 through September 2013. This compares with 12 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth with Fred Babcock V.F.W. Post No. 5555 was April 3, 2008. Routine Information: Club on-sale intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal on club on-sale and Sunday liquor sales. The Notice of Public Hearing was published in the Richfield Sun Current on November 21, 2013. 1 P - d Fred Babcock V.F.W. Post No. 5555 Directors and Officers Don Emond House Committee Chair Valerie Olson General Manager PUBLIC SAFETY CONTACTS October 2012 through September 2013 Fred Babcock V.F.W. Post No. 5555 2012 2013 TOTAL CONTACTS 12 13 CRIMINAL CONTACTS 8 7 Incidents (see bottom of page for specifics) (4) (5) Alarm (4) (2) MISC. NON-CRIMINAL 4 6 Assists (2) (2) Traffic (0) (1) Inspections/Licensing (0) (2) Medical/Fire (2) (1) The criminal contacts from October 2012 through September 2013 were: one drunkenness, two suspicious activities, one disturbance, one theft, and two alarms. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: PUB.HEARING AGENDA ITEM# 6B REPORT# 255 STAFF REPORT ge;c4114eed CITY COUNCIL MEETING DECEMBER 10, 2013 BETSY OSBORN, SUPPORT SERVICES REPORT PREPARED BY: MANAGER NAME,T LE DEPARTMENT DIRECTOR REVIEW: / , ` P • '' 121... Av�.y SIGNATURE OTHER DEPARTMENT REVIEW: 0 N/A, REVIEWED BY CITY MANAGER: ili/ _ .revs i..gra 4w-/.,...iadlir. .../ ITEM FOR COUNCIL CONSIDERATION: Public Hearing for the consideration of the renewal of 2014 club on-sale and Sunday liquor licenses for Mpls-Richfield American Legion Post 435, 6501 Portland Avenue South. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of 2014 club on-sale and Sunday liquor licenses for Mpls-Richfield American Legion Post 435, 6501 Portland Avenue South. II. EXECUTIVE SUMMARY On October 31, 2013, the City received the application materials for the renewal of club on-sale and Sunday liquor licenses, for Mpls-Richfield American Legion Post 435, 6501 Portland Avenue South. All required information and documents have been provided. All licensing fees have been received. III. BASIS OF RECOMMENDATION 121013 American Legion A. BACKGROUND On October 31, 2013, the City received the application and other required documents for club on-sale and Sunday liquor licenses for Mpls-Richfield American Legion Post 435. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are paid and current. • Proof of liquor liability insurance coverage has been received showing Integrity Mutual Insurance Co. affording coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 2012 through September 2013, and indicates that food sales accounted for 23.7% of the total sales, while liquor accounted for 76.3% of the total sales. The Mpls- Richfield American Legion is exempt from meeting the code requirement stating more than 50% of the business activities must be related to the service of food. Due to the fact they are a club/veterans organization they are exempt from that requirement. • Environmental health staff has received no complaints regarding the Mpls-Richfield American Legion for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The club on-sale and Sunday liquor licenses will expire on December 31, 2013. B. POLICY • Richfield City Code Section 1202 requires owners of club on-sale and Sunday liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • The required licensing fees have been received. E. LEGAL • The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS) • The Council could decide to deny the requested licenses, which would mean the current applicants would not be able to obtain club on-sale and Sunday liquor licenses. • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • Summary of background investigation. • Breakdown of Public Safety contacts. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • American Legion staff SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR MPLS-RICHFIELD AMERICAN LEGION POST 435 Officers: Mervyn Becker, President James Munson, Board Roger Wysong, On-Premise Manager Criminal History: Mervyn Becker is the President of the organization and James Munson is on the Board. John Wortman continues to serve as the On-Premise Manager. None of these individuals has any known criminal history. Premises: The property and building continue to be owned by the American Legion. Record of Service Calls: There were 18 Public Safety/Police contacts with Mpls-Richfield American Legion Post 435 from October 2012 through September 2013. This compares with 15 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth with Mpls- Richfield American Legion was March 19, 2010. Routine Information: Club on-sale intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal on club on-sale and Sunday liquor sales. The Notice of Public Hearing was published in the Richfield Sun Current on November 21, 2013. Mpls-Richfield American Legion Directors and Officers Mervyn Becker President James Munson Board John Wortman On-Premise Manager PUBLIC SAFETY CONTACTS October 2012 through September 2013 Mpls-Richfield American Legion Post 435 2012 2013 TOTAL CONTACTS 15 18 CRIMINAL CONTACTS 8 12 Incidents (see bottom of page for specifics) (5) (10) Alarm (3) (2) MISC. NON-CRIMINAL 7 6 Assists (3) (2) Traffic (3) (4) Inspections/Licensing (0) (0) Medical/Fire (1) (0) The criminal contacts from October 2012 through September 2013 were: two fights, one property damage, one disturbance, one property damage accident, two drunkenness, two suspicious activities, one threat and two alarms. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: PUB.HEARING AGENDA ITEM If 7A REPORT# 256 STAFF REPORT ie/ e� CITY COUNCIL MEETING DECEMBER 10, 2013 BETSY OSBORN, SUPPORT SERVICES REPORT PREPARED BY: MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: 121/(ra SIGN URE OTHER DEPARTMENT REVIEW: 0 NI A 1 REVIEWED BY CITY MANAGER: / ITEM FOR COUNCIL CONSIDERATION: Public Hearing for the consideration of the renewal of 2014 on-sale wine and 3.2 percent malt liquor licenses for Chipotle Mexican Grill of Colorado, LLC, d/b/a Chipotle Mexican Grill, 7644 Lyndale Avenue South. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of 2014 on-sale wine and 3.2 percent malt liquor licenses for Chipotle Mexican Grill of Colorado, LLC, d/b/a Chipotle Mexican Grill, 7644 Lyndale Avenue South. II. EXECUTIVE SUMMARY On October 21, 2013, the City received the application materials for the renewal of on-sale wine and 3.2 percent malt liquor licenses for Chipotle Mexican Grill of Colorado, LLC, d/b/a Chipotle Mexican Grill. All required information and documents have been provided. All licensing fees have been received. This agenda item is the first request out of eight for the renewal of on-sale wine and 3.2 percent malt liquor licenses. Of the remaining seven, if no Council member objects, the Council may conduct a single public hearing for all of the license approvals and may pass all of the resolutions with a single motion. If a single/individual public hearing is called, the Mayor should require each speaker to 121013 Chipotle identify the particular license to which the person is speaking. Any Council member may request that the question be divided, if the Council member wishes to address any one or all of the proposed resolutions by a separate motion. III. BASIS OF RECOMMENDATION A. BACKGROUND On October 21, 2013, the City received the application and other required documents for on-sale wine and 3.2 percent malt liquor licenses for Chipotle Mexican Grill. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are not delinquent. • Proof of liquor liability insurance coverage has been received showing Safety National Casualty Corporation affording the coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period for October 2012 through September 2013. The statement indicates that food sales accounted for 99.79% of the total sales, while liquor accounted for .21% of the total sales. • Environmental health staff has received no complaints regarding Chipotle Mexican Grill for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The on-sale wine and 3.2 percent malt liquor licenses will expire on December 31, 2013. B. POLICY • Richfield City Code Section 1202 requires owners of on-sale wine and 3.2 percent malt liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • The required licensing fees have been received. E. LEGAL • The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS) • The Council could decide to deny the requested licenses, which would mean the current applicant would not be able to obtain on-sale wine and 3.2 percent malt liquor licenses. Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • Summary of background investigation. • Breakdown of Public Safety contacts. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Brenda Rivera — On premise manager SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR CHIPOTLE MEXICAN GRILL Officers: Montgomery Frederick Moran, LLC Manager - Boulder, Colorado Matthew Steven Ellis, LLC Manager - Denver, Colorado Criminal History: Montgomery Moran serves as the LLC Manager out of Boulder Colorado and Matthew Ellis Serves as the LLC Manager out of Denver, Colorado. Brenda Rivera serves as the On-Premise Manager. None of these individuals has any known criminal record. Premises: Lyndale Gateway, LLC is the owner of the property. The lease between the applicant and the landlord is in effect with all payments current. Record of Service Calls: There were 11 Public Safety/Police contacts with Chipotle Mexican Grill from October 2012 through September 2013. This compares with 21 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: There have been no violations for the sale of alcohol to underage youth with Chipotle Mexican Grill. Routine Information: On-sale wine and 3.2 percent malt liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of on-sale wine and 3.2 percent malt liquor licenses. The notice of Public Hearing was published in the Richfield Sun Current on November 21, 2013. Chipotle Mexican Grill, LLC Directors and Officers Montgomery Moran LLC Manager— Boulder, Colorado Matthew Ellis LLC Manager— Denver, Colorado PUBLIC SAFETY CONTACTS October 2012 through September 2013 Chipotle Mexican Grill 2012 2013 TOTAL CONTACTS 21 11 CRIMINAL CONTACTS 13 8 Incidents (see bottom of page for specifics) (7) (5) Alarm (6) (3) MISC. NON-CRIMINAL 8 3 Assists (3) (0) Traffic (2) (0) Inspections/Licensing (2) (2) Medical/Fire (1) (1) The criminal contacts from October 2012 through September 2013 were: one property damage accident, one disturbance, one hit & run accident, one theft, one threat, and three alarms. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: PUB. HEARING AGENDA ITEM# 7B REPORT# 257 STAFF REPORT Gc� edd CITY COUNCIL MEETING DECEMBER 10, 2013 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: d ( io U SIGNATURE OTHER DEPARTMENT REVIEW: ❑ N/A SIGNATU'� REVIEWED BY CITY MANAGER: 12 ; ITEM FOR COUNCIL CONSIDERATION: Public Hearing for the consideration of the renewal of 2014 on-sale wine and 3.2 percent malt liquor licenses for Thompson's Fireside Pizza, Inc., d/b/a Fireside Pizza, 6736 Penn Avenue South. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of 2014 on-sale wine and 3.2 percent malt liquor licenses for Thompson's Fireside Pizza, Inc., d/b/a Fireside Pizza, 6736 Penn Avenue South. II. EXECUTIVE SUMMARY On November 01, 2013, the City received the application materials for the renewal of on-sale wine and 3.2 percent malt liquor licenses for Thompson's Fireside Pizza, Inc., d/b/a Fireside Pizza. All required information and documents have been provided. All licensing fees have been received. III. BASIS OF RECOMMENDATION 121013 Fireside Pizza A. BACKGROUND On November 01, 2013, the City received the application and other required documents for on-sale wine and 3.2 percent malt liquor licenses for Thompson's Fireside Pizza, Inc., d/b/a Fireside Pizza. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are not delinquent. • Proof of liquor liability insurance coverage has been received showing West Bend Mutual Company affording the coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 2012 through September 2013, and indicates that food sales accounted for 90% of the total sales, while liquor accounted for 10% of the total sales. Environmental health staff has received no complaints regarding Thompson's Fireside Pizza, Inc. for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The on-sale wine and 3.2 percent malt liquor licenses will expire on December 31, 2013. B. POLICY • Richfield City Code Section 1202 requires owners of on-sale wine and 3.2 percent malt liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • The required licensing fees have been received. E. LEGAL • The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council could decide to deny the requested licenses, which would mean that the current applicant would not be able to obtain on-sale wine and 3.2 percent malt liquor licenses. • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • Summary of background investigation. • Breakdown of Public Safety contacts. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Richard Bruce Thompson, Owner SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR THOMPSON'S FIRESIDE PIZZA, INC. Officers: Richard Thompson, Owner Criminal History: Richard Bruce Thompson is the sole owner of the establishment and continues to serve as the General Manager of the restaurant. He has no known criminal record. Premises: Richard Bruce Thompson is the owner of the property. Record of Service Calls: There were nine Public Safety/Police contacts with Fireside Pizza from October 2012 through September 2013. This compares with four contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: Thompson's Fireside Pizza has received no violations for the sale of alcohol to underage youth. Routine Information: On-sale wine and 3.2 percent malt liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of on-sale wine and 3.2 percent malt liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 21, 2013. Thompson's Fireside Pizza, Inc. Directors and Officers Richard Bruce Thompson Owner & On-Premise Manager PUBLIC SAFETY CONTACTS October 2012 through September 2013 Thompson's Fireside Pizza, Inc. 2012 2013 TOTAL CONTACTS 4 9 CRIMINAL CONTACTS 3 6 Incidents (see bottom of page for specifics) (3) (6) Alarm (0) (0) MISC. NON-CRIMINAL 1 3 Assists (1) (2) Traffic (0) (1) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from October 2012 through September 2013 were: four suspicious persons/activities, one prowling, and one fight. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: PUB. HEARING AGENDA ITEM# 7C REPORT# 258 STAFF REPORT eC eed CITY COUNCIL MEETING DECEMBER 10, 2013 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: Q' 1,atg._ SIGNATURE OTHER DEPARTMENT REVIEW: El N/A — It SIGNATU - REVIEWED BY CITY MANAGER: _ AOLYl ITEM FOR COUNCIL CONSIDERATION: Public Hearing for the consideration of the renewal of 2014 on-sale wine and 3.2 percent malt liquor licenses for Kiang's Red Pepper, Inc., d/b/a Red Pepper Chinese Restaurant, 2910 West 66th Street. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the renewal of 2014 on-sale wine and 3.2 percent malt liquor licenses for Kiang's Red Pepper, Inc., d/b/a Red Pepper Chinese Restaurant, 2910 West 66th Street. II. EXECUTIVE SUMMARY On November 15, 2013, the City received the application materials for the renewal of on-sale wine and 3.2 percent malt liquor licenses for Kiang's Red Pepper, Inc., d/b/a Red Pepper Chinese Restaurant. All required information and documents have been provided. All licensing fees have been received. III. BASIS OF RECOMMENDATION 121013 Red Pepper A. BACKGROUND On November 15, 2013, the City received the application and other required documents for on-sale wine and 3.2 percent malt liquor licenses for Red Pepper Chinese Restaurant. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are not delinquent. • Proof of liquor liability insurance coverage has been received showing Truck Insurance Exchange affording the coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 2012 through September 2013, and indicates that food sales accounted for 98.5% of the total sales, while liquor accounted for 1.5% of the total sales. • Environmental health staff has received no complaints regarding Red Pepper Chinese Restaurant for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The on-sale wine and 3.2 percent malt liquor licenses will expire on December 31, 2013. B. POLICY • Richfield City Code Section 1202 requires owners of on-sale wine and 3.2 percent malt liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • The required licensing fees have been received. E. LEGAL • The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council could decide to deny the requested licenses, which would mean the current applicant would not be able to obtain on-sale wine and 3.2 percent malt liquor licenses. • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • Summary of background investigation. • Breakdown of Public Safety contacts. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Ricky Kiang, Owner SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR RED PEPPER CHINESE RESTAURANT Officers: Ricky Kiang, Owner Criminal History: Ricky Kiang serves as the President, Vice-President, Secretary and Treasurer of the establishment. Sui Fun Kiang continues to serve as the General Manager. Neither of these individuals has any known criminal record. Premises: Frauenshuh Company is the owner of the property. The lease between the applicant and the landlord is in effect with all payments current. Record of Service Calls: There were no Public Safety/Police contacts with Red Pepper Chinese Restaurant from October 2012 through September 2013. This compares with one contact for the previous year. A breakdown of these contacts is attached to this report. Violations: There have been no violations for the sale of alcohol to underage youth with Red Pepper Chinese Restaurant. Routine Information: On-sale wine and 3.2 percent malt liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of on-sale wine and 3.2 percent malt liquor licenses. The notice of Public Hearing was published in the Richfield Sun Current on November 21, 2013. Red Pepper Chinese Restaurant Directors and Officers Ricky Kiang President, Vice-President, Secretary and Treasurer Sui Fun Kiang General Manager PUBLIC SAFETY CONTACTS October 2012 through September 2013 Red Pepper Chinese Restaurant 2012 2013 TOTAL CONTACTS 1 0 CRIMINAL CONTACTS 1 0 Incidents (see bottom of page for specifics) (1) (0) Alarm (0) (0) MISC. NON-CRIMINAL 0 0 Assists (0) (0) Traffic (0) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (0) There were no criminal contacts from October 2012 through September 2013. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: PUB. HEARING AGENDA ITEM# 7D REPORT# 259 STAFF REPORT �.cgte d CITY COUNCIL MEETING DECEMBER 10, 2013 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: , It SIG TURE OTHER DEPARTMENT REVIEW: J N/A SIGNA REVIEWED BY CITY MANAGER: ..41211.1 4 ITEM FOR COUNCIL CONSIDERATION: Public Hearing for the consideration of the renewal of 2014 on-sale wine and 3.2 percent malt liquor licenses for Patrick's French Bakery, Inc., d/b/a Patrick's Bakery & Cafe, 2928 W. 66th Street. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of 2014 on-sale wine and 3.2 percent malt liquor licenses for Patrick's French Bakery, Inc., d/b/a Patrick's Bakery & Café, 2928 W. 66th Street. II. EXECUTIVE SUMMARY On October 14, 2013, the City received the application materials for the renewal of on-sale wine and 3.2 percent malt liquor licenses for Patrick's French Bakery, Inc., d/b/a Patrick's Bakery & Café. All required information and documents have been provided. All licensing fees have been received. III. BASIS OF RECOMMENDATION 121013 Patrick's Bakery&Cafe A. BACKGROUND On October 14, 2013, the City received the application and other required documents for on-sale wine and 3.2 percent malt liquor licenses for Patrick's French Bakery, Inc., d/b/a Patrick's Bakery Café. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are not delinquent. • Proof of liquor liability insurance coverage has been received showing Continental Casualty Company affording the coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 2012 through September 2013, and indicates that food sales accounted for 84.3% of the total sales, while liquor accounted for 15.7% of the total sales. • Environmental health staff has received no complaints regarding Patrick's Bakery & Café for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The on-sale wine and 3.2 percent malt liquor licenses will expire on December 31, 2013. B. POLICY • Richfield City Code Section 1202 requires owners of on-sale wine and 3.2 percent malt liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • The required licensing fees have been received. E. LEGAL • The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council could decide to deny the requested licenses, which would mean that the current applicant would not be able to obtain on-sale wine and 3.2 percent malt liquor licenses. • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • Summary of background investigation. • Breakdown of Public Safety contacts. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Patrick Bernet, President • Rafeigh Bernet, Vice-President and On-Premise Manager � D- I SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR PATRICK'S BAKERY & CAFE Officers: Patrick Bernet, President Rafieh Bernet, Vice-President and On-Premise Manager Criminal History: Patrick and Rafieh Bernet are the owners of the establishment. Rafieh serves as the General Manager of the restaurant. Neither Patrick nor Rafieh have any known criminal record. Premises: Patrick Bernet is the owner of the property. Venture Bank and Wells Fargo are the Mortgage Companies. All payments are current. Record of Service Calls: There were three Public Safety/Police contacts with Patrick's Bakery & Cafe from October 2012 through September 2013. This compares with nine contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth with Patrick's Bakery & Cafe was in June 2012. Routine Information: On-sale wine and 3.2 percent malt liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of on-sale wine and 3.2 percent malt liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 21, 2013. Patrick's Bakery & Cafe Directors and Officers Patrick Bernet President Rafieh Bernet Vice-President and On-Premise Manager PUBLIC SAFETY CONTACTS October 2012 through September 2013 Patrick's Bakery & Cafe 2012 2013 TOTAL CONTACTS 9 3 CRIMINAL CONTACTS 3 3 Incidents (see bottom of page for specifics) (3) (3) Alarm (0) (0) MISC. NON-CRIMINAL 6 0 Assists (3) (0) Traffic (0) (0) Inspections/Licensing (3) (0) Medical/Fire (0) (0) The criminal contacts from October 2012 through September 2013 were: two property damage accidents and one hit and run accident. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: PUB.HEARING AGENDA ITEM# 7E REPORT# 260 STAFF REPORT gee*eed CITY COUNCIL MEETING DECEMBER 10, 2013 BETSY OSBORN, SUPPORT SERVICES REPORT PREPARED BY: MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: El (a SIGNATURE OTHER DEPARTMENT REVIEW: El N/A SIGNAT a. REVIEWED BY CITY MANAGER: 2763/.._ /,(" ITEM FOR COUNCIL CONSIDERATION: Public Hearing for the consideration of the renewal of 2014 on-sale wine and 3.2 percent malt liquor licenses for The Noodle Shop, Co. - Colorado, Inc. d/b/a Noodles & Company, 7630 Lyndale Avenue South. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of 2014 on-sale wine and 3.2 percent malt liquor licenses for The Noodle Shop, Co. — Colorado, Inc., d/b/a Noodles & Company, 7630 Lyndale Avenue South. II. EXECUTIVE SUMMARY On October 30, 2013, the City received the application materials for the renewal of on-sale wine and 3.2 percent malt liquor licenses for The Noodle Shop, Co. — Colorado, Inc., d/b/a Noodles & Company. All required information and documents have been provided. All licensing fees have been received. III. BASIS OF RECOMMENDATION 121013 Noodles 7630 Lyndale xxx A. BACKGROUND On October 30, 2013, the City received the application and other required documents for on-sale wine and 3.2 percent malt liquor licenses for The Noodle Shop, Co. — Colorado, Inc., d/b/a Noodles & Company. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are not delinquent. • Proof of liquor liability insurance coverage has been received showing Travelers Property Casualty Company of America affording the coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 2012 through September 2013. The statement indicates food sales accounted for 91.61% of the total sales, while alcoholic beverages accounted for .37% of the total sales. Non-Alcoholic beverage sales accounted for 8.02% of the total sales. • Environmental health staff has received no complaints regarding Noodles & Company for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The on-sale wine and 3.2 percent malt liquor licenses will expire on December 31, 2013. B. POLICY • Richfield City Code Section 1202 requires owners of on-sale wine and 3.2 percent malt liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • The required licensing fees have been received. E. LEGAL • The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council could decide to deny the requested licenses, which would mean that the current applicant would not be able to obtain on-sale wine and 3.2 percent malt liquor license. • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • Summary of background investigation. • Breakdown of Public Safety contacts. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Davis Jamal Carter— On Premise Manager SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR NOODLES & COMPANY Officers: Keith Joseph Kinsey, President and Secretary Paul A. Strasen, Vice President Criminal History: Keith Joseph Kinsey, President and Secretary, has no known criminal history. Paul Strasen, Vice President, has no known criminal history. David Jamal Carter, On-Premise Manager, has a DWI citation from October 2013. Premises: Lyndale Gateway, LLC is the owner of the property. The lease between the applicant and the landlord is in effect. All payments are current. Record of Service Calls: There were 21 Public Safety/Police contacts with Noodles & Company from October 2012 through September 2013. This compares with 13 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth with Noodles & Company was April 13, 2007. Routine Information: On-sale wine and 3.2 percent malt liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of on-sale wine and 3.2 percent malt liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 21, 2013. Noodles & Company Directors and Officers Keith Joseph Kinsey President and Secretary Paul Strasen Vice President PUBLIC SAFETY CONTACTS October 2012 through September 2013 Noodles & Company 2012 2013 TOTAL CONTACTS 13 21 CRIMINAL CONTACTS 6 15 Incidents (see bottom of page for specifics) (1) (10) Alarm (5) (5) MISC. NON-CRIMINAL 7 6 Assists (1) (0) Traffic (2) (2) Inspections/Licensing (0) (3) Medical/Fire (4) (1) The criminal contacts from October 2012 through September 2013 were: Four suspicious activity, one threat, one theft, two hit and run accident, one property damage, one property damage accident, and five alarms. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: PUB.HEARING AGENDA ITEM# 7F REPORT# 261 STAFF REPORT ec*eel CITY COUNCIL MEETING DECEMBER 10, 2013 BETSY OSBORN, SUPPORT SERVICES REPORT PREPARED BY: MANAGER NAME,TITLE l DEPARTMENT DIRECTOR REVIEW: 2/ '''...-a SIGNATURE OTHER DEPARTMENT REVIEW: ❑ N/A SIGNATU ci REVIEWED BY CITY MANAGER: air 41./-1A../... / ITEM FOR COUNCIL CONSIDERATION: Public Hearing for the consideration of the renewal of 2014 on-sale wine and 3.2 percent malt liquor licenses for The Noodle Shop, Co. - Colorado, Inc., d/b/a Noodles & Company, 1732 East 66th Street. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of 2014 on-sale wine and 3.2 percent malt liquor licenses for The Noodle Shop, Co. - Colorado, Inc., d/b/a Noodles & Company, 1732 East 66t Street. II. EXECUTIVE SUMMARY On October 29, 2013, the City received the application materials for the renewal of on-sale wine and 3.2 percent malt liquor licenses for The Noodle Shop, Co. — Colorado, Inc., d/b/a Noodles & Company. All required information and documents have been provided. All licensing fees have been received. III. BASIS OF RECOMMENDATION 121013 Noodles&Co. 1732 E 66th St. A. BACKGROUND On October 29, 2013, the City received the application and other required documents for on-sale wine and 3.2 percent malt liquor licenses for The Noodle Shop, Co. — Colorado, Inc., d/b/a Noodles & Company. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are not delinquent. • Proof of liquor liability insurance coverage has been received showing Travelers Property Casualty Company of America affording the coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. Due to this license being a new license, this statement covers the period from June 2013 through October 2013. The statement indicates food sales accounted for 90.23 % of the total sales, while alcoholic beverages accounted for .52% of the total sales. Non-alcoholic beverage sales accounted for 9.25% of the total sales. • Environmental health staff has received no complaints regarding Noodles and Company for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The on-sale wine and 3.2 percent malt liquor licenses will expire on December 31, 2013. B. POLICY • Richfield City Code Section 1202 requires owners of on-sale wine and 3.2 percent malt liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • The required licensing fees have been received. E. LEGAL • The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council could decide to deny the requested licenses, which would mean that the current applicant would not be able to obtain on-sale wine and 3.2 percent malt liquor licenses. • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • Summary of background investigation. • Breakdown of Public Safety contacts. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Amanda Jeanette Weldon — On Premise Manager 1F- I SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR NOODLES & COMPANY (1732 EAST 66TH STREET) Officers: Keith Joseph Kinsey, President, and Secretary Paul Allen Strasen, Vice-President Criminal History: Keith Joseph Kinsey, President and Secretary, has no known criminal history. Paul Allen Strasen, Vice President, has no known criminal history. Amanda Jeanette Weldon, On-Premise Manager, has a misdemeanor DWI conviction from 2011. Premises: Ryan Companies US, Inc. is the owner of the property. The lease between the applicant and the landlord is in effect. All payments are current. Record of Service Calls: There were ten Public Safety/Police contacts with Noodles & Company from June 2013 through September 2013. As a result of this being a new license, there are no previous contacts to compare. A breakdown of these contacts is attached to this report. Violations: There have been no violations for the sale of alcohol to underage youth with Noodles & Company. Routine Information: On-sale wine and 3.2 percent malt liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance of renewal of on-sale wine and 3.2 percent malt liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 21, 2013. Noodles & Company Directors and Officers Keith Joseph Kinsey President and Secretary Paul Strasen Vice President PUBLIC SAFETY CONTACTS June 2013 through September 2013 Noodles & Company 2013 TOTAL CONTACTS 10 CRIMINAL CONTACTS 5 Incidents (see bottom of page for specifics) (4) Alarm (1) MISC. NON-CRIMINAL 5 Assists (4) Traffic (0) Inspections/Licensing (1) Medical/Fire (0) The criminal contacts from June 2013 through September 2013 were: one weapon, one alarm, one theft, one domestic, and one property damage accident. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: PUB. HEARING AGENDA ITEM# 7G REPORT# 262 STAFF REPORT e' 4 ee CITY COUNCIL MEETING DECEMBER 10, 2013 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: I , 1 SIGNATURE OTHER DEPARTMENT REVIEW: 0 N/i / : SIGNA RE REVIEWED BY CITY MANAGER: r A 1.ice / ITEM FOR COUNCIL CONSIDERATION: Public Hearing for the consideration of the renewal of 2014 on-sale wine and 3.2 percent malt liquor licenses for John E. Powers & Assoc., Inc., d/b/a Lariat Lanes, 6320 Penn Avenue South. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of 2014 on-sale wine and 3.2 percent malt liquor licenses for John E. Powers & Assoc., Inc., d/b/a Lariat Lanes, 6320 Penn Avenue South. II. EXECUTIVE SUMMARY On November 18, 2013, the City received the application materials for the renewal of on-sale wine and 3.2 percent malt liquor licenses for John E. Powers &Assoc., Inc., d/b/a Lariat Lanes. All required information and documents have been provided. All licensing fees have been received. III. BASIS OF RECOMMENDATION 121013 Lariat Lanes A. BACKGROUND On November 18, 2013, the City received the application and other required documents for on-sale wine and 3.2 percent malt liquor licenses for Lariat Lanes. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are not delinquent. • Proof of liquor liability insurance coverage has been received showing Illinois Casualty affording the coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from September 2012 through October 2013, and indicates that food sales accounted for 53% of the total sales, while alcohol accounted for 47% of the total sales. • Environmental health staff has received no complaints regarding Lariat Lanes for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The on-sale wine and 3.2 percent malt liquor licenses will expire on December 31, 2013. B. POLICY • Richfield City Code Section 1202 requires owners of on-sale wine and 3.2 percent malt liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • The required licensing fees have been received. E. LEGAL • The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council could decide to deny the requested licenses, which would mean the current applicant would not be able to obtain on-sale wine and 3.2 percent malt liquor licenses. • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • Summary of background investigation. • Breakdown of Public Safety contacts. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Lariat Lanes staff SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR LARIAT LANES Officers: John Edwin Powers, President John Edwin Powers, Jr., Vice President David Matthew Powers, Secretary Jeff Earl Powers, Treasurer Criminal History: John Powers Sr., John Powers Jr., and David Powers have no criminal records. Jeff Powers has a misdemeanor DWI from 1999. His criminal history indicated a DWI; however, it is listed on his driving record as careless driving. Jeff has no other criminal record. Brandi James, who serves as On Premise Manager, has a misdemeanor DWI conviction from 2007. Premises: First National Bank of the Lakes is the owner of the property. All payments are current. Record of Service Calls: • There were six Public Safety/Police contacts with Lariat Lanes from October 2012 through September 2013. This compares with seven contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: There have been no violations for the sale of alcohol to underage youth with Lariat Lanes. Routine Information: On-sale wine and 3.2 percent malt liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of on-sale wine and 3.2 percent malt liquor licenses. The notice of Public Hearing was published in the Richfield Sun Current on November 21, 2013. Lariat Lanes Directors and Officers John Powers, Sr. President John Powers, Jr. Vice President David Powers Secretary Jeff Powers Treasurer PUBLIC SAFETY CONTACTS October 2012 through September 2013 Lariat Lanes 2012 2013 TOTAL CONTACTS 7 6 CRIMINAL CONTACTS 6 2 Incidents (see bottom of page for specifics) (6) (2) Alarm (0) (0) MISC. NON-CRIMINAL 1 4 Assists (1) (4) Traffic (0) (0) Inspections/Licensing (0) (0) Medical/Fire (0)- (0) The criminal contacts from October 2012 through September 2013 were: one suspicious persons/activity, and one theft. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: PUB.HEARING AGENDA ITEM# 7H REPORT# 263 STAFF REPORT g664#e ed CITY COUNCIL MEETING DECEMBER 10, 2013 BETSY OSBORN, SUPPORT SERVICES REPORT PREPARED BY: MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: Eizrast SIGNA RE OTHER DEPARTMENT REVIEW: N/A SIG 1 URE REVIEWED BY CITY MANAGER: rAd 4 ITEM FOR COUNCIL CONSIDERATION: Public Hearing for the consideration of the renewal of 2014 on-sale wine and 3.2 percent malt liquor licenses for Joy's Pattaya Thai Restaurant, LLC, d/b/a Joy's Pattaya Thai Restaurant, 7545 Lyndale Avenue South. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of 2014 on-sale wine and 3.2 percent malt liquor licenses for Joy's Pattaya Thai Restaurant, LLC, d/b/a Joy's Pattaya Thai Restaurant, 7545 Lyndale Avenue South. II. EXECUTIVE SUMMARY On November 01, 2013, the City received the application materials for the renewal of on-sale wine and 3.2 percent malt liquor licenses for Joy's Pattaya Thai Restaurant, LLC, d/b/a Joy's Pattaya Thai Restaurant. All required information and documents have been provided. All licensing fees have been received. III. BASIS OF RECOMMENDATION 121013 Joy's Pattaya Thai A. BACKGROUND On November 01, 2013, the City received the application and other required documents for on-sale wine and 3.2 percent malt liquor licenses for Joy's Pattaya Thai Restaurant. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are not delinquent. • Proof of liquor liability insurance coverage has been received showing Travelers Casualty Insurance Company of America affording the coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 2012 through September 2013, and indicates that food sales accounted for 95.81% of the total sales, while liquor accounted for 4.19% of the total sales. • Environmental health staff has received no complaints regarding Joy's Pattaya Thai Restaurant for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The on-sale wine and 3.2 percent malt liquor licenses will expire on December 31, 2013. B. POLICY • Richfield City Code Section 1202 requires owners of on-sale wine and 3.2 percent malt liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • The required licensing fees have been received. E. LEGAL • The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council could decide to deny the requested licenses, which would mean that the current applicant would not be able to obtain on-sale wine and 3.2 percent malt liquor licenses. • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • Summary of background investigation. • Breakdown of Public Safety contacts. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Dale Mueller, Owner 1H- I SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR JOY'S PATTAYA THAI RESTAURANT Officers: Dale Lynn Mueller, Owner Joy Mueller, Owner Criminal History: Dale Lynn Mueller and Joy Mueller are the joint owners of the establishment. Joy continues to serve as the On-Premise Manager. Neither of these individuals has any known criminal record. Premises: Kenneth Johnson of Bloomington, Minnesota, is the owner of the property. The current lease with the applicants is in effect with all payments current. Record of Service Calls: There were three Public Safety/Police contacts with Joy's Pattaya Thai Restaurant from October 2012 through September 2013. This compares with one contact for the previous year. A breakdown of these contacts is attached to this report. Violations: There have been no violations for the sale of alcohol to underage youth with Joy's Pattaya Thai Restaurant. Routine Information: On-sale wine and 3.2 percent malt liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of on-sale wine and 3.2 percent malt liquor licenses. The notice of Public Hearing was published in the Richfield Sun Current on November 21, 2013. Joy's Pattaya Thai Restaurant Directors and Officers Dale Lynn Mueller Owner Joy Mueller Owner and On-Premise Manager PUBLIC SAFETY CONTACTS October 2012 through September 2013 Joy's Pattaya Thai Restaurant 2012 2013 TOTAL CONTACTS 1 3 CRIMINAL CONTACTS 1 2 Incidents (see bottom of page for specifics) (1) (2) Alarm (0) (0) MISC. NON-CRIMINAL 0 1 Assists (0) (1) Traffic (0) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contact from October 2012 through September 2013 was: one hit and run, and one assault. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: PUB.HEARING AGENDA ITEM# 8A REPORT# 264 STAFF REPORT G441eed CITY COUNCIL MEETING DECEMBER 10, 2013 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: , I ' ,r SIGNATURE OTHER DEPARTMENT REVIEW: N/A dri i NATURE REVIEWED BY CITY MANAGER: r /AI.... / 4 ITEM FOR COUNCIL CONSIDERATION: Public Hearing for the consideration of the renewal of 2014 on-sale intoxicating and Sunday liquor licenses, with optional 2 a.m. closing, for Frenchman's Pub, Inc., d/b/a Frenchman's, 1400 East 66th Street. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of 2014 on-sale intoxicating and Sunday liquor licenses, with optional 2 a.m. closing, for Frenchman's Pub, Inc., d/b/a Frenchman's. II. EXECUTIVE SUMMARY On October 31, 2013, the City received the application materials for the renewal of on-sale intoxicating and Sunday liquor licenses, with optional 2 a.m. closing, for Frenchman's Pub, Inc., d/b/a Frenchman's. All required information and documents have been provided. All licensing fees have been received. This agenda item is the first request out of seven for the renewal on on-sale intoxicating and Sunday liquor licenses. Of the remaining six, if no Council member objects, the Council may conduct a single public hearing for all of the licenses approvals and may pass all of the resolutions with a single motion. If a single/individual public hearing is called, the Mayor should require each speaker to 121013 Frenchman's Pub identify the particular license to which the person is speaking. Any Council member may request that the question be divided, if the Council member wishes to address any one or all of the proposed resolutions by a separate motion. III. BASIS OF RECOMMENDATION A. BACKGROUND On October 31, 2013, the City received the application and other required documents for on-sale intoxicating and Sunday liquor licenses for Frenchman's. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are paid and current. • Proof of liquor liability insurance coverage has been received showing Illinois Casualty affording coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 2012 through September 2013, and indicates that food sales accounted for 54% of the total sales, while liquor accounted for 46% of the total sales. • Environmental health staff has received no complaints regarding Frenchman's for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested license. The on-sale intoxicating and Sunday liquor licenses will expire on December 31, 2013. B. POLICY • Richfield City Code Section 1202 requires owners of on-sale intoxicating and Sunday liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • The required licensing fees have been received. E. LEGAL • The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council could decide to deny the requested licenses, which would mean the current applicants would not be able to obtain on-sale intoxicating and Sunday liquor licenses. • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • Summary of background investigation. • Breakdown of Public Safety contacts. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Mary Christine Blake, Owner 7A- 1 SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR FRENCHMAN'S PUB Officers: Mary Christine Blake, Owner Criminal History: Mary Christine Blake is the sole owner of the establishment. She also serves as the General Manager of the restaurant. Ms. Blake has no known criminal record. Premises: Mary Blake is the owner of the property and Venture Bank in Bloomington is the Mortgage Company. All payments are current. Record of Service Calls: There were 44 Public Safety/Police contacts with Frenchman's from October 2012 through September 2013. This compares with 39 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth with Frenchman's was June 8, 2004. Routine Information: On-sale intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal on on-sale intoxicating and Sunday liquor sales. The Notice of Public Hearing was published in the Richfield Sun Current on November 21, 2013. Frenchman's Pub Directors and Officers Mary Christine Blake Owner and General Manager PUBLIC SAFETY CONTACTS October 2012 through September 2013 Frenchman's Pub 2012 2013 TOTAL CONTACTS 39 44 CRIMINAL CONTACTS 19 24 Incidents (see bottom of page for specifics) (18) (22) Alarm (1) (2) MISC. NON-CRIMINAL 20 20 Assists (16) (14) Traffic (3) (5) Inspections/Licensing (0) (0) Medical/Fire (1) (1) The criminal contacts from October 2012 through September 2013 were: two hit and run property damage accidents, three disturbances, one property damage, one fight, one fraud, one noise, one warrant, two thefts from autos, one assault, three drunkenness, one drug, one burglary, three thefts, one suspicious activity, and two alarms. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: PUB.HEARING AGENDA ITEM# 8B REPORT# 265 STAFF REPORT gle*e ed CITY COUNCIL MEETING DECEMBER 10, 2013 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: 217 $1110 GNATURE OTHER DEPARTMENT REVIEW: N/A A TAW,ATU REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public Hearing for the consideration of the renewal of 2014 on-sale intoxicating and Sunday liquor licenses for Financial Guidance, Inc., d/b/a Four Points by Sheraton, 7745 Lyndale Avenue South. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of 2014 on-sale intoxicating and Sunday liquor licenses for Financial Guidance, Inc., d/b/a Four Points by Sheraton, 7745 Lyndale Avenue South. II. EXECUTIVE SUMMARY On November 06, 2013, the City received the application materials for the renewal of on-sale intoxicating and Sunday liquor licenses for Financial Guidance, Inc., d/b/a Four Points by Sheraton. All required information and documents have been provided. All licensing fees have been received. III. BASIS OF RECOMMENDATION 121013 Four Points by Sheraton A. BACKGROUND On November 06, 2013, the City received the application and other required documents for on-sale intoxicating and Sunday liquor licenses for Four Points by Sheraton. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are paid and current. • Proof of liquor liability insurance coverage has been received showing Nationwide Mutual affording coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 2012 through September 2013, and indicates that food sales accounted for 82% of the total sales, while liquor accounted for 18% of the total sales. • Environmental health staff has received no complaints regarding Four Points by Sheraton for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested license. The on-sale intoxicating and Sunday liquor licenses will expire on December 31, 2013. B. POLICY • Richfield City Code Section 1202 requires owners of on-sale intoxicating and Sunday liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • The required licensing fees have been received. E. LEGAL • The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council could decide to deny the requested licenses, which would mean that the current applicants would not be able to obtain on-sale intoxicating and Sunday liquor licenses. • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • Summary of background investigation. • Breakdown of Public Safety contacts. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Four Points by Sheraton staff SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR FOUR POINTS by SHERATON Officers: James Dean Flannery, President Taylor James Flannery, Vice-President Criminal History: James Flannery is the President of the establishment; Taylor Flannery serves as the Vice-President and Treasurer. The criminal checks conducted indicated that Taylor Flannery has a prior misdemeanor DWI conviction from 2001; however neither of the applicant's has had any convictions that would make them ineligible to hold a liquor license in the City of Richfield. In addition, no criminal records were found for Adam Selby who continues to serve as the On-Premise Manager. Premises: The property is owned by First International Bank. The lease between the property owner and the applicant is in effect with all payments current. Record of Service Calls: There were 41 Public Safety/Police contacts with Four Points by Sheraton from October 2012 through September 2013. This compares with 11 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: There are no violations for the sale of alcohol to underage youth for Four Points by Sheraton. Routine Information: On-sale intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal on on-sale intoxicating and Sunday liquor sales. The Notice of Public Hearing was published in the Richfield Sun Current on November 21, 2013. Four Points by Sheraton Directors and Officers James Dean Flannery President Taylor James Flannery Vice-President and Treasurer PUBLIC SAFETY CONTACTS October 2012 through September 2013 Four Points by Sheraton 2012 2013 TOTAL CONTACTS 11 41 CRIMINAL CONTACTS 9 35 Incidents (see bottom of page for specifics) (9) (35) Alarm (0) (0) MISC. NON-CRIMINAL 2 6 Assists (2) (5) Traffic (0) (0) Inspections/Licensing (0) (0) Medical/Fire (0) (1) The criminal contacts from October 2012 through September 2013 were: five disturbances, four domestics, six prostitutions, one warrant, two drugs, two thefts, three auto thefts, one theft no pay, four suspicious activity, one other incident, two trespasses, one drunkenness, one assault, and two property hit and runs. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: PUB.HEARING AGENDA ITEM# 8C REPORT# 266 STAFF REPORT gee*'e� CITY COUNCIL MEETING DECEMBER 10, 2013 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: I + ' A Zia,.A :MLA&'A-AAA SIGNATURE OTHER DEPARTMENT REVIEW: ❑ N/A 11-7 SIG URE REVIEWED BY CITY MANAGER: d / ITEM FOR COUNCIL CONSIDERATION: Public Hearing for the consideration of the renewal of 2014 on-sale intoxicating and Sunday liquor licenses for Paisan Incorporated, d/b/a Khan's Mongolian Barbeque, 500 East 78th Street. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of 2014 on-sale intoxicating and Sunday liquor licenses for Paisan Incorporated, d/b/a Khan's Mongolian Barbeque. II. EXECUTIVE SUMMARY On November 12, 2013, the City received the application materials for the renewal of on-sale intoxicating and Sunday liquor licenses, for Paisan Incorporated, d/b/a Khan's Mongolian Barbeque, 500 East 78th Street. All required information and documents have been provided. All licensing fees have been received. III. BASIS OF RECOMMENDATION 121013 Khan's A. BACKGROUND On November 12, 2013, the City received the application and other required documents for on-sale intoxicating and Sunday liquor licenses for Khan's Mongolian Barbeque. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are paid and current. • Proof of liquor liability insurance coverage has been received showing Unitrin affording coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 2012 through September 2013, and indicates that food sales accounted for 95% of the total sales, while liquor accounted for 5% of the total sales. • Environmental health staff has received no complaints regarding Khan's Mongolian Barbeque for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested license. The on-sale intoxicating and Sunday liquor licenses will expire on December 31, 2013. B. POLICY • Richfield City Code Section 1202 requires owners of on-sale intoxicating and Sunday liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • The required licensing fees have been received. E. LEGAL • The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS) • The Council could decide to deny the requested licenses, which would mean that the current applicants would not be able to obtain on-sale intoxicating and Sunday liquor licenses. • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • Summary of background investigation. • Breakdown of Public Safety contacts. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Mitchell Law, Owner SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR KHAN'S MONGOLIAN BARBEQUE Officers: Mitchell Wellington Law, President, Secretary and On-Premise Manager Paisan Shieh Law, Vice-President and Treasurer Criminal History: Mitchell Law is the President and Secretary of the establishment; and Paisan Law serves as the Vice-President and Treasurer. Mitchell also continues to serve as the On-Premise Manager. Neither of these individuals has any known criminal record. Premises: The property is owned by Roy A Bogen. The lease between the property owner and the applicant is in effect with all payments current. Record of Service Calls: There were 3 Public Safety/Police contacts with Khan's Mongolian Barbeque from October 2012 through September 2013. This compares with 10 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth for Khan's Mongolian Barbeque was on September 30, 2005. Routine Information: On-sale intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal on on-sale intoxicating and Sunday liquor sales. The Notice of Public Hearing was published in the Richfield Sun Current on November 21, 2013. Khan's Mongolian Barbeque Directors and Officers Mitchell Wellington Law President, Secretary and On-Premise Mgr. Paisan Shieh Law Vice-President and Treasurer PUBLIC SAFETY CONTACTS October 2012 through September 2013 Khan's Mongolian Barbeque 2012 2013 TOTAL CONTACTS 10 3 CRIMINAL CONTACTS 9 2 Incidents (see bottom of page for specifics) (6) (1) Alarm (3) (1) MISC. NON-CRIMINAL 1 1 Assists (0) (0) Traffic (1) (1) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from October 2012 through September 2013 were: One theft, and one alarm. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: PUB.HEARING AGENDA ITEM# 8D REPORT# 267 STAFF REPORT 4c4 eed CITY COUNCIL MEETING DECEMBER 10, 2013 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: SIGN TURE OTHER DEPARTMENT REVIEW: N/' AP-AA/A REVIEWED BY CITY MANAGER: r i ITEM FOR COUNCIL CONSIDERATION: Public Hearing for the consideration of the renewal of 2014 on-sale intoxicating and Sunday liquor licenses, with outside service, for Wiltshire Restaurants, LLC, d/d/a Houlihan's Restaurant & Bar, 6601 Lyndale Avenue South. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of 2014 on-sale intoxicating and Sunday liquor licenses, with outside service, for Wiltshire Restaurants, LLC, d/b/a Houlihan's Restaurant & Bar, 6601 Lyndale Avenue South. II. EXECUTIVE SUMMARY On November 04, 2013, the City received the application materials for the renewal of on-sale intoxicating and Sunday liquor licenses, with outside service, for Wiltshire Restaurants, LLC, d/b/a Houlihan's Restaurant. All required information and documents have been provided. All licensing fees have been received. III. BASIS OF RECOMMENDATION 121013 Houlihan's Restaurant&Bar A. BACKGROUND On November 04, 2013, the City received the application and other required documents for on-sale intoxicating and Sunday liquor licenses, with outside service, for Houlihan's Restaurant & Bar. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are paid and current. • Proof of liquor liability insurance coverage has been received showing Liberty Mutual Insurance Company affording coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 2012 through September 2013, and indicates that food sales accounted for 66.8% of the total sales, while liquor accounted for 33.2% of the total sales. • Environmental health staff has received no complaints regarding Houlihan's Restaurant & Bar for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The on-sale intoxicating and Sunday liquor licenses will expire on December 31, 2013. B. POLICY • Richfield City Code Section 1202 requires owners of on-sale intoxicating and Sunday liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • The required licensing fees have been received. E. LEGAL • The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council could decide to deny the requested licenses, which would mean that the current applicants would not be able to obtain on-sale intoxicating and Sunday liquor licenses. • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • Summary of background investigation. • Breakdown of Public Safety contacts. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Houlihan's staff Sp— I SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR HOULIHAN'S RESTAURANT & BAR Officers: Paul Smith Kirwin, President Criminal History: Paul Smith Kirwin is the President of the establishment and Robin O'Neill serves as the On-Premise Manager. Neither of these individuals has any known criminal history. Premises: Woodlake VEF IV, LLC is the owner of the property. The lease between the applicant and the property owner is in effect with all payments current. Record of Service Calls: There were 61 Public Safety/Police contacts with Houlihan's Restaurant & Bar from October 2012 through September 2013. This compares with 35 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth with Houlihan's was July 16, 2001. Routine Information: On-sale intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal on on-sale intoxicating and Sunday liquor sales. The Notice of Public Hearing was published in the Richfield Sun Current on November 21, 2013. HOULIHAN'S RESTAURANT & BAR Directors and Officers Paul Smith Kirwin President PUBLIC SAFETY CONTACTS October 2012 through September 2013 Houlihan's Restaurant & Bar 2012 2013 TOTAL CONTACTS 35 61 CRIMINAL CONTACTS 27 32 Incidents (see bottom of page for specifics) (22) (28) Alarm (5) (4) MISC. NON-CRIMINAL 8 29 Assists (7) (24) Traffic (1) (3) Inspections/Licensing (0) (0) Medical/Fire (0) (2) The criminal contacts from October 2012 through September 2013 were: eleven suspicious activities, one threat, three thefts from autos, two drugs, one drunkenness, one property damage, three hit and runs, three thefts, one juvenile complaint, one driving complaint, one theft no pay, and four alarms. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: PUB. HEARING AGENDA ITEM# 8E REPORT# 268 STAFF REPORT ge.c/4#°ed CITY COUNCIL MEETING DECEMBER 10, 2013 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: 111/ i' W (.4 SIGNATURE OTHER DEPARTMENT REVIEW: El N/A 0 ' SIGN RE REVIEWED BY CITY MANAGER: / ITEM FOR COUNCIL CONSIDERATION: Public Hearing for the consideration of the renewal of 2014 on-sale intoxicating and Sunday liquor licenses for Don Pablo's Operating, LLC, d/b/a Don Pablo's, 980 West 78th Street. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of 2014 on-sale intoxicating and Sunday liquor licenses for Don Pablo's Operating, LLC, d/b/a Don Pablo's, 980 West 78th Street. II. EXECUTIVE SUMMARY On October 29, 2013, the City received the application materials for the renewal of on-sale intoxicating and Sunday liquor licenses for Don Pablo's Operating, LLC, d/b/a Don Pablo's, 980 West 78th Street. All required information and documents have been provided. All licensing fees have been received. III. BASIS OF RECOMMENDATION 121013 Don Pablo's A. BACKGROUND On October 29, 2013, the City received the application and other required documents for on-sale intoxicating and Sunday liquor licenses for Don Pablo's. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are paid and current. • Proof of liquor liability insurance coverage has been received showing The Charter Oak Fire Insurance Company affording coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 2012 through September 2013, and indicates that food sales accounted for 82% of the total sales, while liquor accounted for 18% of the total sales. • Environmental health staff has received no complaints regarding Don Pablo's for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested license. The on-sale intoxicating and Sunday liquor licenses will expire on December 31, 2013. B. POLICY • Richfield City Code Section 1202 requires owners of on-sale intoxicating and Sunday liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • The required licensing fees have been received. E. LEGAL • The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council could decide to deny the requested licenses, which would mean that the current applicants would not be able to obtain on-sale intoxicating and Sunday liquor licenses. • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • Summary of background investigation. • Breakdown of Public Safety contacts. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Don Pablo's staff SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR DON PABLO'S Officers: Paul Joseph Seidman, President Criminal History: Paul Joseph Seidman is the COO/President of the establishment and Kim Marie Elicerio is the On-Premise Manager. There are currently no acting Secretary or Treasurer. Neither of these individuals has any know criminal record. Premises: The property is owned by CSM Investors, Inc. The lease between the property owner and the applicant is in effect with all payments current. Record of Service Calls: There were 26 Public Safety/Police contacts with Don Pablo's from October 2012 through September 2013. This compares with 15 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth for Don Pablo's was on October 5, 2006. Routine Information: On-sale intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal on on-sale intoxicating and Sunday liquor sales. The Notice of Public Hearing was published in the Richfield Sun Current on November 21, 2013. Don Pablo's Directors and Officers Paul Joseph Seidman COO/President PUBLIC SAFETY CONTACTS October 2012 through September 2013 Don Pablo's 2012 2013 TOTAL CONTACTS 15 26 CRIMINAL CONTACTS 10 20 Incidents (see bottom of page for specifics) (3) (10) Alarm (7) (10) MISC. NON-CRIMINAL 5 6 Assists (1) (4) Traffic (4) (2) Inspections/Licensing (0) (0) Medical/Fire (0) (0) The criminal contacts from October 2012 through September 2013 were: one drunkenness, five suspicious activities, one threat, one theft no pay, one theft from auto, one disturbance, and ten alarms. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: PUB. HEARING AGENDA ITEM# 8F REPORT# 269 STAFF REPORT ec*.eed CITY COUNCIL MEETING DECEMBER 10, 2013 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: li 1: , 1 1 ' SIG ATURE OTHER DEPARTMENT REVIEW: El N/A Si rATURE _ REVIEWED BY CITY MANAGER: 1. lam..40 t. AL_/ ITEM FOR COUNCIL CONSIDERATION: Public Hearing for the consideration of the renewal of 2014 on-sale intoxicating and Sunday liquor licenses, with the optional 2 a.m. closing, for Champps Operating Corporation, d/b/a Champps Americana, 790 West 66th Street. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of 2014 on-sale intoxicating and Sunday liquor licenses, with the optional 2 a.m. closing, for Champps Operating Corporation, d/b/a Champps Americana, 790 West 66th Street. II. EXECUTIVE SUMMARY On October 30, 2013, the City received the application materials for the renewal of on-sale intoxicating and Sunday liquor licenses, with the optional 2 a.m. closing, for Champps Operating Corporation, d/b/a Champps Americana. All required information and documents have been provided. All licensing fees have been received. III. BASIS OF RECOMMENDATION 121013 Champps A. BACKGROUND On October 30, 2013, the City received the application and other required documents for on-sale intoxicating and Sunday liquor licenses, with the optional 2 a.m. closing, for Champps Americana. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are paid and current. • Proof of liquor liability insurance coverage has been received showing Zurich American Insurance Company affording coverage. Worker's compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 2012 through September 2013, and indicates that food sales accounted for 66% of the total sales, while liquor accounted for 34% of the total sales. • Environmental health staff has received no complaints regarding Champps Americana for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The on-sale intoxicating and Sunday liquor licenses will expire on December 31, 2013. B. POLICY • Richfield City Code Section 1202 requires owners of on-sale intoxicating and Sunday liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • The required licensing fees have been received. E. LEGAL • The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council could decide to deny the requested licenses, which would mean the current applicants would not be able to obtain on-sale intoxicating and Sunday liquor licenses. • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • Summary of background investigation. • Breakdown of Public Safety contacts. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Champps staff sr- SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR CHAMPPS AMERICANA Officers: James Keith Zielke, President Marc Alan Buehler, Secretary Criminal History: Background checks were conducted on James Keith Zielke and Marc Alan Buehler. Neither of these individuals has any known criminal history. In addition, there was no criminal record for Scott Richard Larson who serves as the On-Premise Manager. Premises: Market Plaza Commercial LTD., do G & P Properties, Inc. is the owner of the property. The lease between the applicant and the property owner is in effect with all payments current. Record of Service Calls: There were 29 Public Safety/Police contacts with Champps Americana from October 2012 through September 2013. This compares with 42 contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: The most recent violation for the sale of alcohol to underage youth with Champps was April 3, 2008. Routine Information: On-sale intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal on on-sale intoxicating and Sunday liquor sales. The Notice of Public Hearing was published in the Richfield Sun Current on November 21, 2013. CHAMPPS AMERICANA Directors and Officers James Keith Zielke President Marc Alan Buehler Secretary PUBLIC SAFETY CONTACTS October 2012 through September 2013 CHAMPPS AMERICANA 2012 2013 TOTAL CONTACTS 42 29 CRIMINAL CONTACTS 27 15 Incidents (see bottom of page for specifics) (25) (15) Alarm (2) (0) MISC. NON-CRIMINAL 15 14 Assists (9) (3) Traffic (6) (8) Inspections/Licensing (0) (0) Medical/Fire (0) (3) The criminal contacts from October 2012 through September 2013 were: one fight, four drunkenness, one warrant, three disturbances, one domestic, one property damage accident, one suspicious activity, one theft— no pay, one drug activity, and one fraud. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: PUB. HEARING AGENDA ITEM# 8G REPORT# 270 STAFF REPORT geced CITY COUNCIL MEETING DECEMBER 10, 2013 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: Gli jtio4 e/°''.....--------..11..\,..Zi SIG TURF OTHER DEPARTMENT REVIEW: El N/A MI sprii REVIEWED BY CITY MANAGER: 516�/ �' � .f _/ i ITEM FOR COUNCIL CONSIDERATION: Public Hearing for the consideration of the renewal of 2014 on-sale intoxicating and Sunday liquor licenses, with outside service, and with the optional 2 a.m. closing, for Pizza Luce VII, Inc., d/b/a Pizza Luce, 800 West 66th Street. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the renewal of 2014 on-sale intoxicating and Sunday liquor licenses, with outside service, and the optional 2 a.m. closing, for Pizza Luce VII, Inc., d/b/a Pizza Luce, 800 West 66th Street. II. EXECUTIVE SUMMARY On October 29, 2013, the City received the application materials for the renewal of on-sale intoxicating and Sunday liquor licenses, with outside service, and the optional 2 a.m. closing, for Pizza Luce VII, Inc., d/b/a Pizza Luce, 800 West 66th Street. All required information and documents have been provided. All licensing fees have been received. III. BASIS OF RECOMMENDATION 12/10/13 Pizza Luce A. BACKGROUND On October 29, 2013, the City received the application and other required documents for on-sale intoxicating and Sunday liquor licenses, with outside service, and with the optional 2 a.m. closing, for Pizza Luce. The applicant has satisfied the following requirements for issuance of a license: • The required license fees have been paid. • Real estate taxes are paid and current. • Proof of liquor liability insurance coverage has been received showing Mid-Century Insurance Company affording coverage. Workers' compensation insurance has also been supplied. • An accountant's statement has been prepared and submitted. This statement covers the period from October 2012 through September 2013, and indicates that food sales accounted for 81% of the total sales, while liquor accounted for 19% of the total sales. • Environmental health staff has received no complaints regarding Pizza Luce for the previous year. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. None of the information in the report shows any cause for recommending denial of the requested licenses. The on-sale intoxicating and Sunday liquor licenses will expire on December 31, 2013. B. POLICY • Richfield City Code Section 1202 requires owners of on-sale intoxicating and Sunday liquor establishments to comply with all of the provisions of both City Code and State Statutes. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • The required licensing fees have been received. E. LEGAL • The requirements of Resolution 9511 must be met, which outlines the discipline they can expect if any ongoing problems occur. A copy of the Resolution has been given to the owners of the establishment. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council could decide to deny the requested licenses, which would mean that the current applicants would not be able to obtain on-sale intoxicating and Sunday liquor licenses, with outside seating, and the optional 2 a.m. closing. • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • Summary of background investigation. • Breakdown of Public Safety contacts. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Pizza Luce staff SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR PIZZA LUCE VII, INC. Officers: Joseph Bernard Baier, President/Chief Manager Scott Herbert Nelson, Vice-President Laura Jayne Hansen, Vice-President Julie Jon Haywood, Secretary/Treasurer Criminal History: Joseph Baier is the President/Chief Manager of the establishment; Scott Nelson and Laura Hansen are the establishment's Vice-Presidents; and Julie Haywood is the establishment's Secretary and Treasurer. Matthew Urspringer currently serves as the On-Premise Manager. The criminal checks conducted indicated that Ms. Hansen shows a DWI conviction from 2002. None of the other applicants have any known criminal records. Premises: The property is owned by JBB Properties, LLC, associated with Joseph Bernard Baier. This site was purchased outright and there is no mortgager. Record of Service Calls: There were 31 Public Safety/Police contacts with Pizza Luce VII, Inc. from October 2012 through September 2013. This compares with five contacts for the previous year. A breakdown of these contacts is attached to this report. Violations: There are no violations for the sale of alcohol to underage youth for Pizza Luce VII, Inc. Routine Information: On-sale intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distant requirements to notify neighbors of the issuance or renewal of on-sale intoxicating and Sunday liquor sales, with outside seating and the optional 2 a.m. closing. The Notice of Public Hearing was published in the Richfield Sun Current on November 21, 2013. Pizza Luce VII, Inc. Directors and Officers Joseph Bernard Baier President/Chief Manager Laura Jayne Hansen Vice-President Scott Herbert Nelson Vice-President Julie Jon Haywood Secretary, Treasurer PUBLIC SAFETY CONTACTS October 2012 through September 2013 Pizza Luce VII, Inc. 2012 2013 TOTAL CONTACTS 5 31 CRIMINAL CONTACTS 3 19 Incidents (see bottom of page for specifics) (2) (15) Alarm (1) (4) MISC. NON-CRIMINAL 2 12 Assists (0) (1) Traffic (2) (10) Inspections/Licensing (0) (1) Medical/Fire (0) (0) The criminal contacts from October 2012 through September 2013 were: three thefts, one drunkenness, one DWI, five disturbances, one suspicious activity, one fraud, one warrant, one property damage accident, one trespass, and four alarms. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: PUB. HEARING AGENDA ITEM# 9 REPORT# 271 STAFF REPORT geeqted e CITY COUNCIL MEETING DECEMBER 10, 2013 REPORT PREPARED BY: JEFF PEARSON, TRANSPORTATION ENGINEER NAME,TITLE [a-DEPARTMENT DIRECTOR REVIEW: Z___ SIGNATURE OTHER DEPARTMENT REVIEW: El N/A s REVIEWED BY CITY MANAGER: jriai%.,1107 ° __ ITEM FOR COUNCIL CONSIDERATION: Public hearing and consideration of second reading of the proposed ordinance adopting the 77th St Underpass Official Map. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion approve second reading of the attached ordinance amendment to Richfield City Code Section 551 (Zoning: Official Map) to include Subsection 551.02. 77th Street Underpass II. EXECUTIVE SUMMARY Adoption of an Official Right-of-Way Map (Official Map) for the area in which the 77th Street Underpass would be constructed protects the City and State from escalating costs associated with the purchase of property at a later date when the road improvement is made, restricting the ability of landowners to construct within the identified area. The Official Map will also allow the City to seek additional funding sources to expedite construction. The Right-of-Way Acquisition Loan Fund (RALF) is one such funding source that the City has used in the past. The fund is administered by the 1210130fficialMap Metropolitan Council and is designed to reserve right-of-way for road expansion in areas where the cost of land is escalating and land acquisition is critical to completing the project. To request use of the interest free RALF funds, the City must first adopt an official right-of-way map for the 77th Street Underpass project. III. BASIS OF RECOMMENDATION A. BACKGROUND • After holding a public hearing, the Planning Commission recommended adoption of the 77th St Underpass Official Map at the October 28, 2013 Commission meeting. No comments were received at the public hearing (According to State law, formal adoption of the Official Map is necessary because the document is considered a special land use control). • The Official Map will restrict the ability for property owners to place additional structures on areas of their property that have been identified as part of the map. The restriction is conducted through the issuance (or non-issuance) of the City's building permit, as follows: a. If a building permit application shows construction is planned within the proposed future street area, the building official will deny the permit. b. Upon denial, the applicant can appeal the denial to the Council. The Council can grant the permit if it makes certain findings (1) that the property cannot yield a reasonable return to the owner unless the permit is granted, and (2) that on balance, the grant of the permit is required "in the interests of justice and equity". • The proposed 77th Street Underpass Official Right-of-Way Map (attached) identifies the additional right-of-way required to complete the underpass project and identifies the parcels affected. The surplus land may be used for redevelopment where adequate. B. CRITICAL TIMING ISSUES • The City will request funding for right-of-way purchase using RALF funds once an Official Map is adopted. C. FINANCIAL • Adoption of an official map would have no financial impact to the City. D. LEGAL • Subsection 547.07 of the Zoning Code requires the City Council, after receipt of the amendment recommendation from the Planning Commission, to consider the matter at a first reading and, if approved, schedule a second reading (State statute Section 462.359, subd. 2 requires the Council to hold a public hearing). • According to State law, formal adoption of the Official Map is necessary because the document is considered a special land use control. • An adopted Official Map is required for MnDOT to certify that the project requires the identified additional right-of-way. • The City attorney will be present at the Council meeting and will be available for counsel. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S) • Council could recommend against or not take action on the adoption of the official map. V. ATTACHMENTS • Proposed Ordinance • 77th St Underpass proposed layout • 77th St Underpass Official Map VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. it II' II ORDINANCE NO. AN ORDINANCE RELATING TO THE ADOPTION OF AN OFFICIAL MAP; AMENDING THE RICHFIELD ZONING CODE BY ADDING SUBSECTION 551.02 THE CITY OF RICHFIELD DOES ORDAIN: Appendix Section 1. The Richfield City Code is amended by adding the following new subsection 551.02. 551.02. Official Map — 77th Street Underpass Subdivision 1. Adoption. For the purpose of carrying out the policies of the major thoroughfare plan and the community facilities plan of the City, the 77th Street Underpass Official Right-of-Way Map is hereby adopted. Subdivision 2. On File. A copy of the official map, or section thereof with a copy of the adopting ordinance attached shall be filed with the County Recorder and be on file in the Public Works Department of the City. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of December, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk q., • 1 r #\ 436 3 I r-I I I EAST QUARTER CORNER 1 1 SECTION 35,TOWNSHIP 28,RANGE 24 N I I EXHIBIT A NW CORNER I , I I , _ 1�E ■ City of Richfield Proposed Acquisition Map SE 1/4 SE 1/4 1�E -� _ I H 1 m W t� W 16 I I _I —I —I - NE CORNER Pursuant to Ordinance#xxxx-xx I I 1 I IS 1/4 SE v4 32.95 - - -- I - - - - r -- - I .. c. I 589°50'07"W l I (Cedar Avenue) A _J L L _, L • 76TH STREET EAST sag°so'o7"w� ,I 1o.e+ SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, 500°00'41"E \ \ 33'44 SECTION 35,TOWNSHIP 28, RANGE 24 , I I NORTH LINE OF THE SE 1/4 OF THE SE 1/4 R-248.48 \ I o L e=51°30'00" I / 1N m _ L-223.34 - o i CB=S25°44'19"W_,,,T.4 - --- —I- /l ,- I I I c0=215.90 I z I THE CITY COUNCIL OF RICHFIELD,MINNESOTA IS HEREBY DESIGNATING THE PID#3502824440003 -7 \ H DJFongBwJFang - \ - PROPOSED LOCATION OF CEDAR AVENUE IN SECTION 35,TOWNSHIP 28 \ Total Area=13.365 sq.% I � ' I Proposed Acqukldon=3.61] I I \ ag R=2839.62 NORTH,RANGE 24 WEST,HENNEPIN COUNTY,MINNESOTA. I - I I v \ e=03°12'16" I I- R=324.48 �\ /� 551°29'19"W I / e=44°00'00" ,35.00'�� J / I \ 7 CB=N03817'15"E As shown on this map prepared for the city of Richfield,is hereby certified to be the I / L=299.18 - - - - / CD=758.80 I j —' C8=529°29'19"W I/ official map of that portion of said Cedar Avenue within said Section 35,pursuant to // CD=243.10 _ iP / Minnesota Statutes 505.1792 and 505.1793. \ ' ID#3502824440D25 / \\ I \ 'TOwarea=s,o zw.ft I R=508.54 I / /Prop A0444 on 20,62] �- L I e=06°47'19„ l_ I \ / 1�__ L=60.25 \ - CB=N09°15'20"E Mayor Clerk Date I I \ / / CD=60.22 I \I //PID 051)2829.11X. 4, \Y- MdN60pratingLP T°�,° 544 q" o \ I hereby certify that this map was prepared by me or under my direct supervision and Proposetl Aap.m=50,204 art r7 ,.. I `' I ... that I am a duly Registered Land Surveyor under the laws of the State of Minnesota 1 _. / pursuant to MS 505.1793. The future acquisition lines shown on this official map are III I 230'91 _ 1 3B-y / ' \ accurate and can be located on the ground. 507°29'19"W / / I I • L m \ Certified by RLS License No. Date 77TH STREET EAST \ 1 S —' EAST LINE OF THE SE 1/4 OF THE SE 1/4 T 1^ / I have examined and found this official map has been prepared in sufficient detail to • PID 000824440000 permit the establishment of future acquisition lines on the ground. It is recommended SOUTH LINE OF THE SE 1/4 OF THE SE 1/4 I I I City 0Rkntl9NGommuriy Develogrent / EXISTING HIGHWAY Total Area=32,605 sq.ft 15 RIGHT OF WAY for approval this day of ,2013. IPID#3502824440008 I ProposedAcquisition=3.223sq.ft '10 Jerry E.Mallailg I d• // I CIO Metro Saks Ina I I I Total Area=54,0]]sq.fl. - ,Proposed AagWsBUn=2,328 sq.R I I J I RD#3502824440081 2P P County Y ‘II. Hennepin Count Surveyor Date --- - Jerry E MaNwlg ) CO Metro Sales Inc.I �.7'5 /. Total Area=54,0]1 sq.fl. ti VG 25.52 I Proposed'"1"Dn=4,SB4sq.6 .4,"3� kph 1 N34°19'32"W , 46.29 A ' S67° '58"w yayti 1S<C' This City of Richfield Proposed Acquisition map is Exhibit A of Ordinance#xxxx-xx I „e c recorded as Document Number on the day of ,2013,in the I oz °1 n5 1\ 'I / Is / office of the Hennepin County Recorder,Hennepin County,Minnesota. This map is S6Z 6°' I soo°oz'oz'w r / / filed for record in Plat Cabinet No. . 1r-1 I I 1567°27'58661 _� / � i En I 1-- .E' / Notes: J I S00°02'082"8W @ N61 7.1•g5 / -• 1) Parcel lines are based on GIS mapping and have not been surveyed o T\I 2) Parcel total areas are based on Hennipen County tax records o _ - _ - _ _ — - - 3) Proposed acquisition areas are approximate 889°50'47"E 0 45.83 s2 Ik ',: Estimate Parcel Line/Lot Lines 0 N.R2 1 J.E — Existing Right of way --- --- --- 4 3536 MM W 1 6 Future Acquisition Line P 2 1 z o a ,\ The basis of bearings assumes the east line o{ 701 Xenia Avenue South,Suite 30U o I Future Center Line - - - - - - - I 9W. 1.1' the Southeast Quarter. Section 35.Township 28. Minneapolis,MN 55416 ok Existing Center Line - - - - - - - - I Range 24. to hove a bearing of S00°00'10"E WSB www.wsbeng.com • mo Hen Line n SOUTH LINE OF THE SE 1/4 OF THE SE 1/4 k SW CORNER Hennepin County Monument O / SE CORNER SECTION 35, 80' 0' 80' 160' 240' 163541+@]0-Far 7R4b4f4700 4 m SE 1/4 SE 1/4 TOWNSHIP 26,RANGE 24 INFRASTRUCTURE r ENGINEERING r PLANNING r CONSTRUCTION GRAPHIC SCALE m p3 Sheet 1 of 1 - 1 ! ! , /1. tioirl /1: r/, 1 1/ kri // iiV:!-.‘ q,_, s t L1 �,� • I A a �.� sECnc a.RAN .° i `4 4ii, .� - A ', F .g 1 EXHIBITA I QRN` "; 4, i o 1 - R � City of Richfield Proposed Acquisition Map { s x a 4 o© 6 P '#4 • , NECOFVER , Pursuant to Ordinance # xxxx-xx , 4 Etf SE 4 it •. .� .S. -- - 1 .aa.-sue �� a. '" ' -' - � , �—, Cedar Avenue) 76TH STREET EAST •S5, / • 1 ' ',+ SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, ¢ SECTION 35, TOVVNSHIP 28, RANGE 24 • # : r 1 7-1. }r' r ##r f, .- , . T 1400" E. F �,j Q 9 «' a t II I �(( 3,1'4.44/. a tra 40 i ' a j i f�5. - 0 THE CITY COUNCIL OF RICHFIELD,MINNESOTA IS HEREBY DESIGNATING THE tar,a jai 1 �'`. ., M` f, 1„ PROPOSED LOCATION OF CEDAR AVENUE IN SECTION 35,TOWNSHIP 28•maim .tL, _ NORTH,RANGE 24 WEST,HENNEPIN COUNTY,MINNESOTA. 1 $TL -- f ti e, \ 4,e - As shown on this map prepared for the city of Richfield,is hereby certified to be the; #a i official map of that portion of said Cedar Avenue within said Section 35,pursuant to . - — 1 1 �. 5 Minnesota Statutes 505.1792 and 505.1793. � '#� e� A.l;i"IA a=] > } �ZZ Ild I 1 " l: r ; c 0 , Mayor Clerk Date I ' 41 I k u + 7i ., F • 1 p dA �, �__ 4 1^ . ;'. I hereby certify that this map was prepared by me or under my direct supervision and ' that I am a duly Registered Land Surveyor under the laws of the State of Minnesota • , : pursuant to MS 505,1793. The future acquisition lines shown on this official map are ,` 4,..., accurate and can be located on the ground.• �p �� &, \' X; ' . .k n _ ,n , Certified by _ RLS License No Date Aff fl 77TH STREET EAST - .--- 4,t. ------ _ .... -- - - I have examined and found this official map has been prepared in sufficient detail to � p ,. ° t w� msa z4�a . ''�' permit the establishment of future acquisition lines on the ground. It is recommended SOUTH LINE OF THE SE 1/4 OF THE SE 1/4 - (-- , t cry(rt c rry e.rekro,.m r�, r mt�Aic w h 1 �1 r;,`" t' }* ,,� for approval this day of ,2013, 1 Pti� C q ns P,o esNn=J.2J S9.2 h� f J' 1Y'. .. efE{ If(i x - �.- t�.'Ftl Qf !N' �, a 'lam l f x e ljfj . Flh, / f11 s, _ �- � � - Hennepin County Surveyor Date 1r q= o r G a i ' I _ ��'r ? Proposed Acquisition map is Exhibit A of Ordinance#xxxx-xx Z ,f , .t ' -r e,. City of ropos q P ,,� This f Richfield P e T ` � ° ;� - G _ '1.4i:i recorded as Document Number on the day of ,2013,in the r�"' office of the Hennepin County Recorder,Hennepin County,Minnesota. This map is • • r.* r„ w. r/ 1 filed for record in Plat Cabinet No. i I •? x„e ;r Pl, 1 . es _ , I y - I t � f Notes: o 'j .� f i -' -,..,# .'�+ + t ' �p,,.,r" j - 1) Parcel lines are based on GIS mapping and have not been surveyed d . i 2) Parcel total areas are based on Hennipen County tax records - -- • 3) Proposed acquisition areas are approximate - -,' 1 ' M c' Estimate Parcel Line/Lot Lines m 11.ft The basis of bearings assumes the east line of .. Ill \0 1yE _ Existing Right of way --- --- --- `U .- the Southeast Quarter, Section 35,Township 28. 701 Xenia Avenue South,Suite 300 ti 35 36 \o W 1 6 Future Acquisition Line A 2�1 2' Range 24. to have a bearing of S00°00'10"E Minneapolis,MN 55416 °k I - - - - - - - - i 29 `tip i./ wwwwsbeng.com Future Center Line 1 W S. mE Existing Center Line _._._.___.__._.__._._._._.__-__._._._._._._._._._.__._.__._._._._._._._.___._._._.. , 80■ • • • • 8�0' 240' &Associates,Inc.IIMIL o PLS L i ne - 1 • • • • • .„�161541-0FAO•Fe166541-17w m SW CORNER SOUTH LINE OF THE SE 1/4 OF THE SE 1/4 i GRAPHIC SCALE INFRASTRUCTURE,ENGINEERING,PLANNING,CONSTRUCTION a.� Hennep i in County Monument O 1 SE CORNER SECTION 35, �ti SE 1/4 SE 1/4 TOWNSHIP 28,RANGE 24 03 Sheet 1 of 1 AGENDA SECTION: PUB.HEARING AGENDA ITEM# 10 REPORT# 272 STAFF REPORT geeqeeed CITY COUNCIL MEETING 12/10/13 CHRIS LINK, OPERATIONS REPORT PREPARED BY: SUPERINTENDENT a.. NA ,TITLE DEPARTMENT DIRECTOR REVIEW: E X24 (, l SIGNATURE OTHER DEPARTMENT REVIEW: 0 N/A 0 SIGN P REVIEWED BY CITY MANAGER: 9 ` CA ITEM FOR COUNCIL CONSIDERATION: Public hearings and consideration of second readings of the proposed ordinances modifying the electric and gas franchise fees. I. RECOMMENDED ACTION: Conduct and close the public hearings and by motion: 1. Approve second reading of the attached ordinance modifying the electric franchise fee on Northern States Power d/b/a Xcel Energy for providing electric service within the City of Richfield. 2. Approve second reading of the attached ordinance modifying the gas franchise fee on CenterPoint Energy for providing gas service within the City of Richfield. 3. Approve the attached resolutions authorizing summary publication of both ordinances. II. EXECUTIVE SUMMARY The recommendation to increase the franchise fees for Richfield residents and businesses came after much deliberation. In response to City Council Goal #29-Capital Investment Plan-Streets, staff recommended an accelerated Mill and Overlay program. This need was discussed at the May 14, 2013 worksession, and then further details were provided at the September 10, 2013 worksession. Payment options were given to the Council at the October 8, 2013 worksession. And finally, the First Read was at the November 12, 2013 Council Meeting. The below summary provides more details of the program. Accelerated Mill and Overlay Program This program will address the 85 miles of residential streets that have not received any type of surface treatment in the recent past, many of which are 15-20 years past their expected life. City staff has deemed mill and overlay as an acceptable repair to the roads due to the existing pavement depth and quality, as determined by Braun Intertec. This program will also include the repair of Sanitary and Storm Sewer manholes and catch basins. The total cost for this project is estimated to be $20M which will be funded through an increase to the Franchise Fees. Increase to Franchise Fees Currently residential properties pay $4.10/month or $49.20 yearly collected by Xcel and CenterPoint. The proposed increase would result in a new monthly total of$8.20/month or$98.40 yearly. This would result in annual revenue of$1.85M for the City which will then be used to pay down the bonds sold to cover the cost of the program and continue the Pavement Management Program. Communications Plan Also in response to City Council Goals (#24, 25, and 29), staff has prepared a Communications Plan to inform the public of upcoming street capital improvements. This will include projects like the 66t Street Reconstruction project, but it would also include the Mill and Overlay Program. The draft communications plan was presented to the Council at the worksession on November 12. Key elements of the Communication Plan prior to Council approval of the franchise fee are: • City-wide mailers (notifying residents of public hearing) • Open House (advertised through City-wide mailing), and • Newspaper publication III. BASIS OF RECOMMENDATION A. BACKGROUND Accelerated Mill and Overlay (M&O) Program Consistent with City Council Goal #29-Capital Investment Plan-Streets, staff surveyed the condition of the base-layer of pavement across the City to confirm that the base was sufficient to support an M&O program to renew the top layer of pavement and prolong the life of the roadway. At the September 10, 2013 worksession staff presented the results of the study and recommended an accelerated M&O program using an increase in the franchise fees to fund the program. At the October 8, 2013 worksession the proposed franchise fee rates were identified for Council consideration (see attached). Finally the First Read was at the November 12, 2013 Council Meeting. This proposed program will address the remaining 85 miles of residential streets that have not received any type of surface treatment since they were constructed in the 1970's. Upon completion of the city-wide pavement coring analysis, conducted by Braun Intertec, staff deemed M&O as an acceptable alternative to rebuilding the road section. The good condition and remaining life of the base layer is attributed to the mow existing pavement depth and sandy sub-soil. This program will also include the repair of Sanitary and Storm Sewer manholes and catch basins. The total cost for this project is estimated to be $20M. Franchise Fees for Right-of-Way Improvement Purposes The City first adopted an Electric and Gas Franchise Fee Ordinance in December 2003 to fund primarily right-of-way items, including the City's Pavement Management Program and Forestry. In meetings with Xcel and CenterPoint, Xcel requested the City include in the ordinance that the funds be used for Pavement Management. It is the City's intention to include verbiage that the ordinance will be used for Right-of-Way Improvements. The proposed franchise ordinances include a fee schedule that outlines the current and proposed fees for the corresponding classes (see attached). Currently residential properties pay $4.10/month or $49.20 yearly collected by Xcel and CenterPoint. The proposed increase would bring residential properties' total to $8.20/month or $98.40 yearly. Communications Plan City residents and business owners will be informed of the proposed M&O program, associated rate increases, and the upcoming open house and public hearing via city- wide mailing and newspaper publication and can find more information regarding the program by: • Visiting the project website at http://www.citvofrichfield.orq/millandoverlay • Attending the project Open House on December 4, 2013 Consistent with City Council Goals 24, 25, and 29, staff has worked with a consultant to prepare a communications plan to inform the public of upcoming street capital improvements, including the accelerated M&O program. The draft public relations plan was presented to the Council at the November 12, 2013 worksession. Timeline: Below is the timeline for the rate increase and when the rates, if approved would be effective. Meeting with Chamber of Commerce President 09/30/13 Meeting with Xcel and CenterPoint (1) 10/02/13 Meeting with Xcel and CenterPoint (2) 10/04/13 Sent Rate Increase Notification to Utility Company 10/09/13 Community Services Commission Meeting 10/15/13 Council Worksession: Communications Plan 11/12/13 Approve first reading of the ordinance modifying the electric 11/12/13 and gas franchise fee and schedule the public hearing and second reading for December 10, 2013 Meeting at Chamber of Commerce 11/20/13 City-wide mailer sent w/open house and public hearing info 11/20/13 Publish Public Hearing Notice in the Sun Current 11/28/13 Pavement Management - Open House 12/04/13 Approve second reading of the ordinance modifying the 12/10/13 electric and gas franchise fee service within the City of Richfield and conduct the public hearing. Summary Publication Published in Sun Current 12/19/13 Ordinance Effective 1/18/14 Utility Co. Billing 4/01/14 B. POLICY • The dedicated funds generated from franchise fees provide a reliable funding source for right-of-way improvements. C. CRITICAL TIMING ISSUES • Collection of a Franchise Fee increase cannot occur until April 1, 2014. A delay in this process could delay the start of the M&O Program D. FINANCIAL residential properties.• The fee would increase to $8.20/month or $98.40 yearly for res properties. • The cumulative annual fees generated by the increase amount to approximately $1.85M. • The total cost for this project is estimated to be $20M. E. LEGAL • The City Attorney will be at the meeting to answer questions. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council could not approve the increase and direct staff on how to proceed. V. ATTACHMENTS • Ordinance modifying the gas franchise fee on CenterPoint Energy • Ordinance modifying the electric franchise fee on Northern States Power d/b/a Xcel Energy • Summary Publications of resolutions • Log of Resident Comments VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Affected businesses • Xcel and CenterPoint representatives i " 1 ORDINANCE NO. CITY OF RICHFIELD COUNTY OF HENNEPIN STATE OF MINNESOTA AN ORDINANCE MODIFYING THE GAS FRANCHISE FEE ON CENTERPOINT ENERGY FOR PROVIDING GAS SERVICE WITHIN THE CITY OF RICHFIELD THE CITY OF RICHFIELD ORDAINS: SECTION 1. The City of Richfield Municipal Code Appendix E is hereby amended as follows: Subdivision 1. Purpose. The Richfield City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City of Richfield. (a) Pursuant to City Ordinance No. 2003-10, a Franchise Agreement between the City and CenterPoint Energy ("CenterPoint"), the City has the right to impose a franchise fee on CenterPoint in an agreed upon amount and fee design, as set forth in Section 6.1 of the CenterPoint Franchise. (b) Pursuant to City Ordinance 2010-7, the City exercised its right to impose a franchise fee on CenterPoint. This includes the right to modify the fee amount with the consent of CenterPoint as to amount and notice period, to which CenterPoint has consented. Subd. 2. Franchise Fee Statement. Pursuant to Ordinance 2010-7, the franchise fee imposed on CenterPoint under its Gas Franchise is hereby amended. The amended fee schedule is attached hereto as Exhibit A and made a part of this ordinance, commencing with CenterPoint's April 2014 billing month. The franchise fee income shall be used for right-of-way improvements. Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth as follows. The franchise fee shall be payable quarterly and shall be based on the complete billing months during the period for which payment is to be made. The payment shall be due the last business day of the month following the period for which the payment is made. The fee may be changed by ordinance from time to time; however each change shall meet the same notice requirements and may not occur more often than annually. Such fee shall not exceed any amount, which the Company may legally charge to its customers prior to payment to the City by imposing a surcharge equivalent to such fee in its rates for Gas service. The Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles or customer refunds. The time and manner of collecting the franchise fee is subject to approval of the Public Utilities Commission, which the Company agrees to use best efforts to obtain. The Company agrees to make its records It) available for inspection by the City at reasonable times, provided that the City and its designated representative agree in writing not to disclose any information that is not public data which would indicate the amount paid by any identifiable customer or any other information regarding specific customers. Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that CenterPoint will surcharge its customers in the City the amount of the fee. Subd. 5. Record Support for Payment. CenterPoint shall make each payment when due and, if requested by the City, shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 the Franchise Agreement. Subd. 7. Effective Date of Franchise Fee. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in the Franchise, the effective date of the fee collected under Subdivision 2 of this ordinance is the later of ten (10) days after the publication or after the sending of written notice enclosing a copy of this adopted ordinance upon CenterPoint by certified mail. It has been agreed to in advance by CenterPoint's representatives that CenterPoint will abide by the provisions of this Subdivision 7, provided fee collection will not commence before the later of the Company billing month set forth in subdivision 2 or the first billing month commencing 20 days after the foregoing effective date of the franchise fee. SECTION 2. This Ordinance will be effective in accordance with Section 3.09 of the City Charter. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of December, 2013 Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk JD -3 EXHIBIT A CENTERPOINT GAS FRANCHISE FEE SCHEDULE Class Fee Per Account Residential 2,05 4.10 Comm-A 2.05 4.10 Comm/Ind-B B 12.50 Comm/Ind-C -14.08 30.00 SVDF-A 14.08 30.00 SVDF-B 14.08 30.00 LVDF 14.08 185.00 FRANCHISE FEES ARE TO BE COLLECTED BY THE UTILITY IN THE AMOUNTS SET FORTH IN THE ABOVE SCHEDULE, AND SUBMITTED TO THE CITY ON A QUARTERLY BASIS AS FOLLOWS: January— March collections due by April 30. April — June collections due by July 31. July— September collections due by October 31. October— December collections due by January 31. ORDINANCE NO. CITY OF RICHFIELD COUNTY OF HENNEPIN STATE OF MINNESOTA AN ORDINANCE MODIFYING THE ELECTRIC FRANCHISE FEE ON NORTHERN STATES POWER D/B/A XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF RICHFIELD THE CITY OF RICHFIELD ORDAINS: SECTION 1. The City of Richfield Municipal Code Appendix E is hereby amended as follows: Subdivision 1. Purpose. The Richfield City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City of Richfield. (a) Pursuant to City Ordinance No. 2007-5, a Franchise Agreement between the City and Northern States Power Company, d/b/a Xcel Energy, the City has the right to impose a franchise fee on Xcel Energy in amount and fee design as authorized in Section 9.1 of the Xcel Energy Franchise. (b) Pursuant to City Ordinance 2010-6, the City exercised its right to impose a franchise fee on Xcel Energy. This includes the right to modify the fee amount with the consent of Xcel Energy as to amount and notice period, to which Xcel Energy has consented. Subd. 2. Franchise Fee Statement. Pursuant to Ordinance 2010-6, the franchise fee imposed on Xcel Energy under its Electric Franchise is hereby amended. The amended fee schedule is attached hereto and made a part of this ordinance, commencing with the Xcel Energy's April 2014 billing month. The franchise fee income shall be used for right-of-way improvements. Subd. 3. Payment and Fee Design. The franchise fee shall be payable to the City in accordance with the terms set forth in Section 9.3 of the Franchise. This fee is an account- based fee on each premise and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company's manner of billing for energy used at all similar premises in the city will control. Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that Xcel Energy will surcharge its customers in the City the amount of the fee. Subd. 5. Record Support for Payment. Xcel Energy shall make each payment when due and, if requested by the City, shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 the Franchise Agreement. Subd. 7. Effective Date of Franchise Fee. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in the Franchise, the effective date of the fee collected under Subdivision 2 of this ordinance is the later of ten (10) days after the publication or after the sending of written notice enclosing a copy of this adopted ordinance upon Xcel Energy by certified mail. It has been agreed to in advance by Xcel Energy's representatives that Xcel Energy will abide by the provisions of this Subdivision 7, provided fee collection will not commence before the later of the Company billing month set forth in subdivision 2 or the first billing month commencing 20 days after the foregoing effective date of the franchise fee. SECTION 2. This Ordinance will be effective in accordance with Section 3.09 of the City Charter. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of December, 2013 Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 11) 40 EXHIBIT A XCEL ENERGY ELECTRIC FRANCHISE FEE SCHEDULE Class Fee Per Premise Residential 2-:-06 4.10 Sm C & I — Non-Dem 643 12.50 Sm C & I - Demand 11.08 30.00 Large C & I 91.51 185.00 FRANCHISE FEES ARE TO BE COLLECTED BY THE UTILITY IN THE AMOUNTS SET FORTH IN THE ABOVE SCHEDULE, AND SUBMITTED TO THE CITY ON A QUARTERLY BASIS AS FOLLOWS: January— March collections due by April 30. April — June collections due by July 31. July— September collections due by October 31. October— December collections due by January 31. RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDMENT TO APPENDIX E OF THE RICHFIELD CITY CODE WHICH PERTAINS TO THE FRANCHISE ORDINANCE WHEREAS, The City of Richfield has adopted the above referenced ordinance, amending Appendix E to the Richfield City Code, and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL NO. AN ORDINANCE MODIFYING THE GAS FRANCHISE FEE ON CENTERPOINT ENERGY FOR PROVIDING GAS SERVICE WITHIN THE CITY OF RICHFIELD The purpose of this ordinance amendment is to modify the franchise fee on CenterPoint Energy under its Gas Franchise Agreement commencing with the CenterPoint Energy's April 2014 billing month. Fee Schedule Class Fee Per Account Residential 2,05 4.10 Comm-A 2.05 4.10 Comm/Ind-B €43 12.50 Comm/Ind-C 14.08 30.00 SVDF-A 44.08 30.00 SVDF-B 44-08 30.00 LVDF 14.08 185.00 Franchise fees are to be collected by the utility and submitted to the City on a quarterly basis. The utility may surcharge the fees to its customers as permitted by law. Copies of the ordinance are available for public inspection in the Administrative Services Department during normal business hours or upon request by calling Chris Link, Operations Superintendent at 612-861-9174. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of December 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDMENT TO APPENDIX E OF THE RICHFIELD CITY CODE WHICH PERTAINS TO THE FRANCHISE ORDINANCE WHEREAS, The City of Richfield has adopted the above referenced ordinance, amending Appendix E to the Richfield City Code, and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL NO. AN ORDINANCE MODIFYING THE ELECTRIC FRANCHISE FEE ON NORTHERN STATES POWER D/B/A XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF RICHFIELD The purpose of this ordinance amendment is to modify the franchise fee on Northern States Power d/b/a Xcel Energy under its Electric Franchise Agreement commencing with the Xcel Energy's April 2014 billing month. Fee Schedule Class Fee Per Premise Residential 2.05 4.10 Sm C & I — Non-Dem 6:33 12.50 Sm C & I - Demand 44.08 30.00 Large C & I 91.51 185.00 Franchise fees are to be collected by the utility and submitted to the City on a quarterly basis. The utility may surcharge the fees to its customers as permitted by law. Copies of the ordinance are available for public inspection in the Administrative Services Department during normal business hours or upon request by calling Chris Link, Operations Superintendent at 612-861-9174. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of December 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk o i1 ++ N O a = co 0 v C O 3 vp a1 c a1 Q_ L . y O L a) C +., Q. a) C L 'C > 0 'D °O° C a) tw • a o v, u a v �; r v E c "6 'C O '. a1 >.' 4' > L 01 > 00 Q a1 Q. E a fa a1 C v C o O 0 L L 4- N CO N td L O. i.+ V) °o 0 0 +' o c C ea v v U O - 3 C > Q O >. op j 0 C C x E �4 L C.) a) ° +� a c 0 }' 4- aa; 0 L p 7 O r > CO 3 CO c vat c. "a-1 — 0 3 ra a1 +' O CO a, = a1 v> 4- C) CO C a) C o ` c t c CO v 0) N a a N E a1 E — C O x C CO v c N N 4- a1 EI N co O a1 v N p 3 L1 v C U '> u.. CO 4 -O 0 E C a CN0 CO p C C a1 O• M IA O• Q1 - c c CU C °-° a h c 3 "° c+o oU }, +' o ° CO CO a-+ N O N O_ o a1 vali p .8 'u ••N > — 4- U Q C Q C L1 • •oA s = C a (d O Q L O L . CO(a > o C o. L 1 p > N 0 C N I- — Q > ++ O U ..Q CO Q +, 4- L . CD U w W O 0. Q-) L. P -E -E ° -a CD cc Cl. CO CO CO ` L U N U U V co U N N RS v o Q 0 a -I-, a Z a a C E E o v �, co V u) a1 c Cl) 3 c .1..J L.C> C a1 C 'O a1 Q a1 > N Q >C > a1 N E o >QJ a act act CD co a 0 -1 > > '00 on CC ° o v .cr m o z o N (N z dA 0 o U E "ii: E `o W c o E = U L O E ca m L co CD d- 0 LO 47 N N aCj ca I- r-. 01 D N c1 ap l0 LO a1 p ei .•-I i-I CO a1 O tD lQ lD CO 'O •- CD 2 c X X X X X X N d CL c > 3 a1 Y o L a C C E N O O a1 a1 co a`, C E E Z -1:z ON co C aJ C N +� a1 4-+ H L LL LA co E co O co v c CO Z Y_ co @ o N D Z AGENDA SECTION: PUB.HEARING AGENDA ITEM# 11 REPORT# 273 STAFF REPORT oPee;; cer CITY COUNCIL MEETING DECEMBER 10, 2013 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: .r 1� ATURE OTHER DEPARTMENT REVIEW: ' ,,- REVIEWED BY CITY MANAGER: L AA- ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of a Transitory Ordinance vacating a street right-of-way easement adjacent to and within the boundaries of 6401 Penn Avenue (Fire Station 2). Necessary right-of-way shall be reserved through the platting of the property and an easement is no longer necessary. I. RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Approve the attached Transitory Ordinance vacating a right-of-way easement at 6401 Penn Avenue. II. EXECUTIVE SUMMARY As part of the Fire Station 2 remodel, the City has undertaken the platting of the property. This process not only provides the City with a current survey of its land, but also affords the City the opportunity to review all property title work. There exists a right-of-way easement along Penn Avenue that will become redundant with the filing of the plat and therefore should be vacated. There is also an easement for street purposes along the northern 50 feet of the property. This easement goes through the existing building and should also be vacated. 121013-2nd Read 6401 Penn vacate ROWxxx III. BASIS OF RECOMMENDATION A. BACKGROUND • N/A B. POLICY • The Council may by ordinance vacate a street, alley, public grounds or a part thereof, on its own motion or upon the petition of the owners of half of the land abutting the street, alley, public grounds or part thereof to be vacated. • The City owns more than half of the abutting land. • No vacation may be made unless it appears in the interest of the public to do so. • The existing right-of-way easement will no longer be necessary upon adoption of the plat for 6401 Penn Avenue. • It is good policy to remove easements or other property encumbrances that are no longer necessary. C. CRITICAL TIMING ISSUES • Consideration of the plat of 6401 Penn Avenue is scheduled for January 14, 2014. D. FINANCIAL • N/A E. LEGAL • Notice of this public hearing was published and mailed in accordance with State and Local requirements. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • N/A V. ATTACHMENTS • Transitory Ordinance • Vacation area exhibit • Draft Proposed plat VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A II— I BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE VACATING PUBLIC RIGHT-OF-WAY EASEMENT (6401 PENN AVENUE) THE CITY OF RICHFIELD DOES ORDAIN: WHEREAS, the following described lands are subject to a public street right-of-way easement ("Street Easement") in favor of the City of Richfield: The North 80 feet of the West 166 feet of the West 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 28, Township 28, Range 24, Hennepin County, Minnesota WHEREAS, the property is subject to a Street Easement, as described in Document No. 339908, files of the Hennepin County Recorder; and WHEREAS, the Property is part of a proposed plat, and all required right-of-way will be dedicated in the plat. There is no need to reserve a Street Easement as part of this proceeding. WHEREAS, the City of Richfield held the first reading on November 12, 2013 and second reading on December 10, 2013. Legal notice was published in the City's official newspaper and mailed as required by ordinance. WHEREAS, the Council finds that the Street Easement created by Document No. 339908 will no longer be needed, upon the recording of the plat of RICHFIELD FIRE STATION 2; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The easement for public street right-of-way purposes, which was reserved over the above-described property in Document No. 339908 is vacated, effective upon the approval of the plat of RICHFIELD FIRE STATION 2. If said plat is not approved within one year of the date of this resolution, this resolution shall be null and of no effect. 2. The City Clerk is directed to prepare a certificate of completion of vacation proceedings and to record the vacation in the office of the Hennepin County Recorder or Registrar of Titles, as appropriate. Passed by the City Council of the City of Richfield, Minnesota this 10th day of December, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk }) -A 6 i g El' i •■••• 2 i 0 s . rE I 2 4 2 1 a !g 8 o ,E51 .i 1 E- • 3 t .S. ■?-t x rs 7-I 4 '3.'• 2:5 0 •-•' • .... ..:i.lii.; 8;i.P813 _ ..-- -d . I k e Z- M " i i Z, 8 cc,i.,: 5..,,.s i,,,,;-2 Rgi:i,;ij1i:1',, E , .00 1I.,11iVi ,5•i?•:-!,_.[.11,1i;1 i ; fE.,, tt: A 31 9 ,.. 8 1 gi 3! .4-.'i; 6; 1 8 r Ig; 17" 1 .q 0 g :111 ii ,, , —if ....,. ,t'S'..q iII■Ot.i 2“ g n -1•!` i22 V .;.:A4 F,' i. : , :',.i gig ati IS g S 5 tl 1.-.1... 112:-. .1 co i2. L 8J \ — - =%=-7-,. ...._...,„:,,,_,..1 i,.::: --4- ,,o4 og, _ , 3,,g ,QS i, . •••—.)-- —•--,,,--."/ HAnos , 311N3AV d3/1170 s\ t.qr•.,..•...- --Ir—1 --- . ' • ' < 0 1--= : • , , 0 - A .i... 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HiflOS 3r1N3AV NN3d I` :; g 5 5 . —. .'. ; 9 9 g ._ ,,–,''gte=7,?5,',.!=lf.,:sZt • . ? 4 1:""•,'.- r AGENDA SECTION: RESOLUTIONS AGENDA ITEM# 12 REPORT# 274 STAFF REPORT eeeed CITY COUNCIL MEETING DECEMBER 10, 2013 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: / 11 SIGNATURE OTHER DEPARTMENT REVIEW: 0 SIGNA )/RE 4 / REVIEWED BY CITY MANAGER: / ITEM FOR COUNCIL CONSIDERATION: Consider a request to increase allowable restaurant space at the Lyndale Gardens redevelopment site (6330 and 6400 Lyndale Avenue) from 2,600 square feet to 10,000 square feet. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution constituting an amendment to the Planned Unit Development, Conditional Use Permit and Final Development Plan for 6330 and 6400 Lyndale Avenue to allow up to 7,000 square feet of restaurant space. II EXECUTIVE SUMMARY The Cornerstone Group, owner and developer of the planned Lyndale Gardens development, is requesting an increase in the allowable restaurant space at the site. Approved plans include a 151-unit apartment building and 11,600 square feet of retail space, of which 2,600 square feet was requested for restaurant use. The development will share parking with the adjacent 25,000 square foot Lakewinds Co- op. The Cornerstone Group is requesting an amendment to the approved Planned Unit Development (PUD) that would allow up to 10,000 square feet of restaurant space. In support, they have submitted an updated parking analysis (September 27, 2013 memo attached). The study estimates that peak parking demand on weekdays without the Farmer's Market will be 86% of parking capacity and 92% of 121013-APUD Lyndale Gardensxxx capacity on weekends. Staff analysis based on Code requirements uirements estimates demand to be at 100% on the northern half of the site when 10,000 square feet are dedicated to restaurant space. An estimated 26 stalls would be available south of the Co-op. An industry rule of thumb is that parking is perceived to be full when a lot reaches 90% of capacity. The success of recent developments within the City has exceeded estimates and expectations. As a result, staff has heard concerns from policy-makers and residents about parking availability and spill-over. With this in mind, staff also analyzed parking based on a scenario in which 7,000 square feet would be available for restaurant space, and requested that the applicant do the same. In this scenario neither the consultant, nor staff estimate that non-event parking demands will exceed 90% of capacity. At this time, staff recommends a maximum of 7,000 square feet for restaurant space and a stipulation allowing the Community Development Director to consider and approve at his discretion take-out only food and beverage services in the remaining space. The Director's decision would be made by evaluating the particulars of the proposed use including the type of food/beverage proposed, anticipated peak demand times, and other relevant factors. III. BASIS OF RECOMMENDATION A. BACKGROUND • In March and June of this year, the City Council approved redevelopment plans for the former Lyndale Garden Center. • The applicant proposed a development that would include up to 2,600 square feet of restaurant space. • Staff estimated that parking during Farmer's Markets could approach capacity; and all parties agreed that any additional event would require an approved parking plan to manage demand. • Shared parking agreements have been recorded across both the northern and southern portions of the development. The minimum distance a patron would need to walk from a mid-point in the Lakewinds parking lot to the nearest potential door on the northern portion of the site is 350 feet. The distance from the last row of parking in the Target parking lot to the door is 300 feet. • As part of the initial development discussions, the vacant Lot 4 at the southwestern corner of the development was indicated as a potential site for overflow parking during events. The current proposal does not include conversion of this space into permanent parking. Therefore, this parking has not been counted toward requirements. • The reconstruction/reconfiguration of Lyndale Avenue adjacent to this site is currently under discussion. There is a potential for a limited number of on-street parking stalls to be added. B. POLICY • The purpose of the Zoning Code and its regulations is to "foster a harmonious and workable relationship among land uses" and to "promote the City's great interest in protecting and preserving the quality of its neighborhoods and commercial districts..." • City Code allows applicants to request a modification of the minimum number of parking spaces required by submitting a study of anticipated parking demand (544.13, Subd. 8). o The submitted study anticipates peak parking surpluses of 57 and 32 parking spaces on non-Farmer's Market weekdays and weekends respectively. These parking spaces would be spread throughout the development, including the parking area south of Lakewinds Co-op. o During the Farmer's Market, 24 of 401 parking spaces are estimated to be available (94% full). • Staff conducted an analysis of need based on Code requirements (spreadsheet attached). o Staff estimates remove the 20 garage stalls and related townhomes from calculations because the private stalls are not available for sharing. o Based on Code requirements, an increase in restaurant space to 10,000 square feet would result in no surplus parking on the northern half of the development. Anticipated surplus on the southern half is 26 stalls. • Staff also analyzed parking based on a scenario in which 7,000 square feet would be available for restaurant space, and requested that the applicant do the same. o In this scenario, parking consultant Kimley-Horn estimates that peak parking demand on weekdays will decrease from approximately 86% to 83% of capacity (an increase from 57 to 72 surplus stalls). On weekends, peak is estimated to decrease from 92% of capacity to 86% of capacity (an increase from 32 to 59 surplus stalls). o An analysis based on Code requirements estimates a surplus of 16 stalls on the northern half of the development. Anticipated surplus on the southern half remains 26 stalls. Available parking throughout the development in this scenario is estimated at 42 of 401 stalls on non-Farmer's Market days. • In addition to consideration of the numbers, the findings required in order to approve a PUD and associated Conditional Use Permit allows policy-makers to consider community norms and expectations. C. CRITICAL TIMING ISSUES • 60-DAY RULE: The 60-day clock `started' when this application was deemed complete on October 25, 2013. A decision is required by December 24, 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 application processing fee has been paid. E. LEGAL • A public hearing was held before the Planning Commission on November 25, 2013. • Notice of the required public hearing was published in the Sun Current newspaper and mailed to properties within 350 feet of the proposal. • No members of the public spoke. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Approve the attached Resolution with additional and/or amended stipulations. • Deny the proposed amendment. V. ATTACHMENTS • Resolution • Code requirements • Proposed site plan • Original parking study—January 2013 • Original City Code requirements worksheet • Parking study update memo — September 27, 2013 • Updated City Code requirements worksheet • Parking study revised 7,000 sf table VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Beth Pfeifer, Director of Development, The Cornerstone Group ) 9.- 1 RESOLUTION NO. RESOLUTION APPROVING AN AMENDMENT TO A FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT AT 6330 AND 6400 LYNDALE AVENUE TO ALLOW UP TO 7,000 SQUARE FEET OF RESTAURANT SPACE WHEREAS, an application has been filed with the City of Richfield which requests approval of an amendment to the final development plan and conditional use permit for a planned unit development on land generally located at 6330 and 6400 Lyndale Avenue and legally described as: Lots 1 and 2, Block 1; Outlots B and C, Lyndale Gardens, Hennepin County, Minnesota WHEREAS, the Planning Commission of the City of Richfield held a public hearing and recommended approval of the requested amendment at its November 25, 2013 meeting; and WHEREAS, notice of the public hearing was published in the Sun-Current and mailed to properties within 350 feet of the subject property on November 12, 2013; and WHEREAS, the requested amendment meets those requirements necessary for approving a planned unit development as specified in Richfield's Zoning Code, Section 542.09, Subd. 3 and as detailed in City Council Staff Report No. ; and WHEREAS, the request meets those requirements necessary for approving a conditional use permit as specified in Richfield's Zoning Code, Section 547.09, Subd. 6 and as detailed in City Council Staff Report No. ; and WHEREAS, the City has fully considered the request for approval of an amendment to the planned unit development, final development plan and conditional use permit; and 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. An amendment that will allow up to 7,000 square feet of restaurant space is approved as described in City Council Report No. , on the Subject Property legally described above. 3. The approved amendment is subject to the following conditions: • The Community Development Director may, upon analysis, approve additional square footage for take-out only (no seating) food and beverage establishments. • A recorded copy of the approved resolution must be submitted to the City prior to the issuance of a building permit. • All outstanding conditions of plat approval granted June 11, 2013 (Res. No. 10802) must be completed prior the issuance of a building permit. • Restaurants require odor control unless deemed unnecessary by the Community Development Director. • Parking stalls may not be used for snow storage. • With the exception of restaurant size limitations, all stipulations of previously approved PUD resolutions No. 10780 and 10801 remain in effect. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of December, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk - 3 Required Findings Part 1: Development proposals in the Mixed Use Districts shall be reviewed for compliance with the following (537.01, Subd.2): 1. Consistency with the elements and objectives of the City's development guides, including the Comprehensive Plan and any redevelopment plans established for the area. The City's Comprehensive Plan designates these properties as part of a larger mixed use district encompassing the 66th Street and Lyndale Avenue area. The intent of the mixed use category is to focus on creating a city center in Richfield that will serve as a "downtown." The city center is to include a mix of residential, shopping, recreational and business uses. The emphasis on public areas, a connection to the lake, and improved sidewalk and street presence along Lyndale Avenue is also consistent with the Lyndale Connectivity Plan. 2. Consistency with the regulations of the Mixed Use Districts as described by Section 537 of the Code. The proposed amendment does not include any physical changes to the site layout and will continue to meet the requirements of the Code. 3. Creation of a design for structures and site features which promotes the 9' p following: An internal sense of order among the buildings and uses. No changes proposed. ii. The adequacy of vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width or interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. The development is expected to be able to provide adequate parking for up to 7,000 square feet of restaurant space. iii. Energy conservation through the design of structures and the use of landscape materials and site grading. No changes proposed. iv. The minimization of adverse environmental effects on persons using the development and adjacent properties. The development is expected to be able to provide adequate parking on a day-to-day basis. Special events will require a specialized parking plan as detailed by the previously approved PUD, which remains in effect. Part 2: The following findings are necessary for approval of a PUD amendment application (542.09 Subd. 3): 1. The proposed development conforms to the goals and objectives of the City's Comprehensive Plan and any applicable redevelopment plans. See above — Part 1, #1. > a- W 2. The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries. See above — Part 1, #3. 3. The development is in substantial conformance with the purpose and intent of the guiding district, and departures from the guiding district regulations are justified by the design of the development. The development is in substantial compliance with the intent of the guiding MU Districts. No physical changes are proposed. 4. The development will not create an excessive burden on parks, schools, streets or other public facilities and utilities that serve or area proposed to serve the development. The City's Public Works, Engineering and Recreation Departments have reviewed the proposal and do not anticipate any issues. 5. The development will not have undue adverse impacts on neighboring properties. The redevelopment of a blighted site will improve the livability and safety of the neighborhood. The site is anticipated to be able to meet parking demand on a typical day. Special events will require an additional parking plan. 6. The terms and conditions proposed to maintain the integrity of the plan are sufficient to protect the public interest. This requirement is met. All uses are conditional uses in the PMU District. The findings necessary to issue a Conditional Use Permit (CUP) are as follows (Subd. 547.09, Subd. 6): 1. The proposed use is consistent with the goals, policies, and objectives of the City's Comprehensive Plan. See above — Part 1, #1. 2. The proposed use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. The purposes of Code include fostering a workable relationship among land uses, promoting and preserving the quality of neighborhoods and commercial districts, and protecting and enhancing property values. The proposed amendment is consistent with these purposes. 3. The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. The mission of the Lakes at Lyndale Plan is to create a "thriving urban center" by "provid[ing] more housing opportunities, upgrad[ing] commercial properties and offer[ing] greater enjoyment of the natural and recreational amenities of Wood Lake and Richfield Lake." The proposed use is consistent with this mission. is-5 4. The proposed use is or will be in compliance with the performance standards specified in Section 544 of this code. The proposed development complies with performance standard requirements. No physical changes are proposed as part of this amendment. 5. The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements. The City's Public Works, Engineering and Recreation Departments have reviewed the proposal and do not anticipate any issues. 6. The use will not have undue adverse impacts on the public health, safety, or welfare. Adequate provisions have been made to protect the public heath, safety and welfare. 7. There is a public need for such use at the proposed location. The City has designated this site as a target for redevelopment. The existing vacant building is detrimental to the area. 8. The proposed use meets or will meet all the specific conditions set by this code for the granting of such conditional use permit. This requirement is met. ,,, \ , . \\ \\\ I I la- Vl \ / \ i \ i.:.,::::::****::::"..:::::*:•::•4,40*.* / \ . \ \ \a\ \ y' \ \•-,e \ \ p \\ \ \ \ \ \ ,.... \ \ \ \ • V N \ V \' \� V \ \ \V \\ � \. `\ \ 81. 86 ;\ � \ , i` \ , - \ • /\ \ \ \ \'.fi:::**•;172.i,::11.y*: \ %\/ .:.:.::•:;\•44i-'--.1.'••••• .•\41 10‘ '•:••••''• •••••••••••• -\\•\ s** - -‘. *. -4,o,\.:...,., :.. .....:.: . \ i‘ \ v 7,i 'm I'. lei o r$ ® JUL�� 4 e I I I • \ i �'' ` \moo I 1 �\ ,, . , I --------- 6 - I II ■ -- 'y'W 1 I �11 in_L—L_LI OZ OZ ii 1 OZ �� _= II ■ j T I� T �� 6 a -� JAI . 2013 • Parking Supply/Demand Analysis Lyndale Gardens Redevelopment Richfield, Minnesota Prepared for: The Cornerstone Group Bloomington, MN Prepared by: Kimley-Horn and Associates, Inc. St. Paul, Minnesota ©Kimley-Horn and Associates,Inc. January 2013 160702000 Kimley-Horn and Associates, Inc. as -g 1 Parking Supply/Demand Analysis Lyndale Gardens Redevelopment Richfield, Minnesota Prepared for: The Cornerstone Group Bloomington, MN Prepared by: Kimley-Horn and Associates, Inc. St. Paul, Minnesota I hereby certify that this report was prepared by me or under my direct supervision,and that I am a duly Licensed Profes '.oral Engineer under the i laws of the State of es ta. Brian R`. Smalkoski,P.E.,AICP,PTP,PTOE P.E.License No.47531 Date: January 11,2013 l a �� Kimley-Horn Lyndale Gardens Redevelopment 111111�, and Associates, Inc. Parking Supply/Demand Minnesota Richfield,Minnesota Introduction Kimley-Horn and Associates, Inc. has prepared the following parking analyses for The Cornerstone Group at the proposed Lyndale Gardens redevelopment site in Richfield, Minnesota.This report documents the methodology and findings of the parking supply and demand analysis and provides recommendations to better utilize temporal parking surpluses and/or deficiencies. This document provides an overview of the proposed redevelopment land uses and parking supply, a brief review of methodology and assumptions,and a discussion of results in the subsequent sections. Project Overview This analysis evaluates parking demand and supply based on the type and scale of the proposed land uses on the site,as well as the inventory and allocation of on-site parking.Table 1 below provides the on-site land uses and Table 2 documents the on-site parking considered in this analysis. Table 1—Proposed Development Land Uses Land Use Category Units Townhome (Units) 10 d.u. Apartment(Units) 141 d.u. Office (SF) 1,500 s.f. Retail (SF) 7,400 s.f. Food Co-op(SF) 20,000 s.f. Amphitheatre(seats) 200 seats Restaurant(SF) 2,600 s.f. Farmer's Market(SF) 8,400 s.f. Table 2—Proposed Parking Supply Site Location Number of Spaces Underground Parking 150 spaces Parking Behind Townhomes 20 spaces Visitor 34 spaces Retail 98 spaces Co-op 119 spaces On-Street 12 spaces Total 433 spaces • January 2013 1 l a-In CKimley-Horn Lyndale Gardens Redevelopment M„ and Associates, Inc. Parking SuppRichfield,11M Minnesota Methodology This section provides the methodology for analyzing parking for the Lyndale Gardens site.The evaluation of parking supply and demand for the site used parking generation rates from the City of Richfield Code of Ordinances (Section 544:General Building and Performance Standards), Institute of Transportation Engineers(ITE), and Urban Land Institute (ULI).Table 3 below provides a comparison of parking generation rates recommended by each source.These parking generation rates were used to establish a peak parking demand for each land use. It should be noted that demand for the Farmer's Market use will only occur during the summer on Wednesday evenings. It is included in Table 3, but is discussed separately in the Results section of this report. Additionally,the demand for the Amphitheater use will occur on a non-routine basis,as events are scheduled.This analysis considered site parking demands with and without the demands for an event at the amphitheater. Table 3-Parking Generation Rates ULI Parking Generation Rates City Parking ITE Parking Land Uses Generation Weekday Weekend Requirements Rates Resident/ Resident/ Employee Visitor Employee Visitor Townhome 1 1.52 1.7 0.15 1.7 0.15 Apartment 2 1.94 1.5 0.15 1.5 0.15 Office* 3.64 3.45 3.5 0.3 0.35 0.03 Retail** 5 5.05 0.7 2.9 0.8 3.2 Food Co-op" 1.25 2.83 -- 2.83 -- 2.83 Theatre 0.4 0.32 0.7 0.3 0.07 0.33 Restaurant^" 10 17.4 1.5 9 2.25 12.75 Farmer's 1.25 2.83 -- 2.83 - 2.83 Market *For the City Parking Requirements, Office<50,000SF was used. The rate is 1 space per 275SF. For ULI rates, Office <25,000SF was used. **For ULI rates, Retail<400,000SF was used For the City Parking Requirements, Other Business was used for the Food Co-op at 1 space per 800SF. For both the ITE and ULI rates, the ITE Grocery use was used. AA For the City Parking Requirements, Restaurant Class I and II was used. Note: The Farmer's Market will only occur in the summer on Wednesday evenings. • January 2013 2 la - I1 C../1 Kimley-Horn Lyndale Gardens Redevelopment Parking Supply/Demand Analysis and Associates, Inc. Richfield,Minnesota The parking rates listed in the table above were applied to the various land uses on the site to determine single use parking demand,which is a measure of how much parking each individual land use would need if it were a standalone development. Table 4 and Table 5 demonstrate the parking demand for each of the individual uses. Table 4—Parking Demand for Individual Land Uses(Weekday) Site Land Uses Total Demand Townhome 19 spaces Apartment 233 spaces Office 6 spaces Retail 25 spaces Food Co-op 53 spaces Amphitheatre 69 spaces Restaurant 26 spaces Farmer's Market 22 spaces Site Total 453 spaces Note: Values in this table are based on ULI rates Table 5—Parking Demand for Individual Land Uses(Weekend) Site Land Uses Total Demand Townhome 19 spaces Apartment 233 spaces Office 1 spaces Retail 28 spaces Food Co-op 53 spaces Amphitheatre 74 spaces Restaurant 36 spaces Farmer's Market 0 spaces Site Total 444 spaces Note: Values in this table are based on ULI rates Due to the mixed use nature of the site,the analysis evaluated parking demand reductions based on several factors, including time-of-day variation, multimodal trip percentages,and internal capture of trip demands on the site. First,the peak parking demands were reduced based upon the principles of shared parking for weekdays and weekends, as described in the Urban Land Institute's Shared Parking Manual.The theory of shared parking indicates that several uses can share the same pool of parking, largely based on fluctuations in time of day demand between the uses.As an example,a restaurant's peak demands might be in the evening. When coupled with an office complex,whose peak demands are mid-day,the two uses can share a smaller pool of parking,without fear that their peak demands will overlap and cause a parking • January 2013 3 MOW )) • ME Kimley-Horn Lyndale Supply/ emand Analysis Parking Gardens Redevelopment Analysis r-r and Associates, Inc. Richfield,Minnesota deficiency on site. Figures la, 1b,2a,and 2b on the following page illustrate this concept and show the specific time-of day distributions for the preferred uses on the Lyndale Gardens site. Figure la Site Time of Day Trends-Weekday 120% 100% 80% .4001111 ♦—Townhome - -3—Apartment 60% Office Retail —Food Co-op —so—Amphitheater 20% _ Restaurant • 0% 7 E , r h. 033 O N _ 4. N M dam' vrl N. a O� O _ N -20% Figure la shows that during the week,the residential uses have higher demands in the mornings and evenings and less demand in the afternoon. The office,food co-op, restaurant, and retail land uses all experience a similar demand pattern with higher demands in the afternoon.The restaurant and retail uses, as well as the amphitheater, have demands that continue into the later part of the evening.This indicates that office, retail, restaurant,and the food co-op uses are able to take advantage of reduced residential demand during daytime hours. Conversely, increased residential demand periods in the evening are acceptable given the reduced demand experienced by the office, retail, restaurant,and the food co-op uses.Additionally, since demand for the office and food co-op uses decreases earlier in the evening,the amphitheater use can take advantage of the space made available as demand for office and food co-op space diminishes.These relationships serve to confirm that a shared parking approach to parking demand mitigation on site will be acceptable. U 4 January 2013 cm'''. Kimley-Horn Lyndale Gardens Redevelopment \--yc) Parking Supply/Demand Analysis • and Associates, Inc. Richfield,Minnesota Figure lb Site Time of Day Trends -Weekend 120% 100% i " lk 1 f` 80% +Townhome —s—Apartment 60% `- Office j EEE:er 40% 20% 4, Restaurant E E E E E E E E E E E E E E E E E E E sO ^ co o a a. a s n. a a n a a a N - r m �- so a 0' - - -20% i — — — - — Similar to the patterns experienced during the week, Figure lb shows that the office, • retail, restaurant, and food co-op uses can take advantage of reduced residential demand during the daytime hours. One notable difference between the weekday and weekend demands is that on the weekends the amphitheater use has the potential to experience a high mid-afternoon demand(matinee performance)as well as a high evening demand (evening performance). Based upon event type,this may not occur very frequently. However,this afternoon demand occurs when residential demand is lower, providing potential space for parking during an event at the amphitheater. In addition to time-of-day reductions for shared parking, demand reductions were applied to account for the internal capture of parking demand on the site. Internal capture assumes that a certain portion of the users will trip chain while visiting the site, visiting two or more land uses without leaving the single parking space they have occupied at the beginning of their trip. For example, a resident is likely to use the retail or restaurant uses without moving their vehicle from their typical parking space near their residence. Or, an office user may walk to lunch, leaving their vehicle parked near their place of employment.Table 6 shows the internal capture percentages used as part of this analysis.These percentages were derived from typical ITE internal capture for these land uses,and were applied to those uses with the highest likelihood of being a second trip in a typical trip chaining experience. • S January 2013 5 0-1111 W — C „ Kimle -Horn Lyndale Gardens Redevelopment Parking Supply/Demand Analysis and Associatesy , Inc. Richfield,Minnesota Table 6—Internal Capture Reductions Time of Food Amphi- Farmer's Da Townhome Apartment Office Retail Co-op theater Restaurant Market Y 6am 0% 0% 0% 10% 10% 0% 10% 0% lam 0% 0% 0% 10% 10% 0% 10% 0% 8am 0% 0% 0% 10% 10% 0% 10% 0% gam 0% 0% 0% 10% 10% 0% 10% 0% 10am 0% 0% 0% 10% 10% 0% 10% 0% 11am 0% 0% 0% 10% 10% 0% 10% 0% 12pm 0% 0% 0% 10% 10% 0% 10% 0% 1pm 0% 0% 0% 10% 10% 0% 10% 0% 2pm 0% 0% 0% 10% 10% 0% 10% 0% 3pm 0% 0% 0% 10% 10% 0% 10% 0% 4pm 0% 0% 0% 10% 10% 0% 10% 0% 5pm 0% 0% 0% 10% 10% 0% 10% 0% 6pm 0% 0% 0% 10% 10% 0% 10% 0% Ili7pm 0% 0% 0% 10% 10% 0% 10% 0% 8pm 0% 0% 0% 10% 10% 0% 10% 0% 9pm 0% 0% 0% 10% 10% 0% 10% 0% 10pm 0% 0% 0% 10% 10% 0% 10% 0% 11pm 0% 0% 0% 10% 10% 0% 10% 0% 12am 0% 0% 0% 10% 10% 0% 10% 0% The values in this table represent the percentage of trips at any given time that are generated from within the site. For example,the retail internal capture reduction suggests that 10 percent of all retail, restaurant,and food co-op related trips are associated with internally generated users(residents or employees)at any given hour throughout the day. Finally, a multimodal trip reduction for transit trips was also applied, largely based on the proximity to transit stops adjacent to the site. Based on 2011 U.S.Census data for the City of Richfield, 8%of the working population commutes via transit. Therefore,an 8%reduction was applied to incorporate trips that would be made to the site by transit. This reduction was applied to all demands except residential uses, which were assumed to need full auto parking capacity.This theory assumes that while residents may be inclined to take transit for a portion of their trips,there will still be a need for auto storage because residents will not make 100%of trips from non-vehicular means, requiring auto ownership on site. S ■ January 2013 6 Kimle Horn Lyndale Gardens Redevelopment Erin Parking Supply/Demand Analysis • and Associatesv , Inc. Richfield,Minnesota Analysis Results Based on the input factors and assumptions described in the previous section,the shared parking analysis was developed for the Lyndale Gardens site,for weekday and weekend conditions,with and without an event. For the purposes of this document, variations to the events will be described separately to help define the magnitude of event demands on the site.The next few tables describe demand patterns for various land use groupings based on their location on the site.The site consists of two buildings, one in the north that has residential and office uses, and one in the south that has the retail, restaurant,and food co-op uses.As a result,the site was divided into these north and south areas.Table 7 and Table 8 below provide the general land use demand conditions for weekday and weekend conditions, respectively.The results in each table are based on ULI parking generation rates,which were preferred based on their reliance on shared parking methodology and reduced parking rates to account for heavier mixture of uses on a site. Rates using ITE and the City code were also evaluated and are included in the Appendix. Table 7—Weekday Peak Demand Results(No Events) Land Use Grouping Total Demand Peak Hour North Area: 253 spaces 6am and 10pm Townhome/Apartment/Office 411 South Area: 95 spaces 1pm Retail/Restaurant/Food Co-op Site Total 319 spaces 7pm Note: Values in this table are based on ULI rates Table 8—Weekend Peak Demand Results(No Events) Land Use Grouping Total Demand Peak Hour North Area: 6am, 10pm, 252 spaces 11pm, and 12am Townhome/Apartment/Office South Area: 103 spaces 1pm Retail/Restaurant/Food Co-op Site Total 317 spaces 7pm Note: Values in this table are based on ULI rates • • January 2013 7 410 all r11 y Kimle -Horn Lyndale Gardens Redevelopment Parking Supply/Demand Analysis NM and Associates, Inc. Richfield,Minnesota The previous tables and chart provide a review of the land use specific parking demands generated on the site.Table 7 shows that during normal weekday conditions,the land uses on site have varying peak conditions,with the northern land uses peaking early in the morning and later in the evening,due to the nature of the uses and the heavy prevalence of residential uses.The land uses in the southern portion of the site peak in the afternoon. Retail, restaurant,and amphitheater uses all have similar peaking patterns throughout the early evening,which could create potential parking demand issues,especially on days when event conditions are at capacity. However,the peak demand during weekday conditions without an event,which occurs at 7pm, is 319 spaces,which is approximately 74 percent of the 433 estimated parking spaces on-site, indicating that there is enough parking to accommodate uses on the site during peak conditions as illustrated in Figure 2. Table 8 indicates that the weekend parking conditions are adequate to meet the demand, when compared to the overall estimated parking capacity on-site. However, similar to the weekday conditions, events at the amphitheater and/or the farmer's market could create potential issues with parking demand on-site. Scenarios showing events at the amphitheater and the farmer's market are presented following Figure 2. Figure 2 Demand vs.Supply(No Events) 500 450 400 350 -- — — Total Supply 300 250 _.:__. _ __.-.. Weekday Total Demand 200 150 Weekend Total Demand 100 50 EEEEEEEEEEEEEEEEEEE (0 f6 CO CO Co (0 a G. Q. Q 0. 0. 0. O" 0. CO 61 O 'l CO e I 1-1 Events held at the amphitheater will occur periodically both during the week and on the weekends.The following tables and charts show the demand for parking when there is an event held at the amphitheater.This scenario does not include an event at the farmer's market. • January 2013 8 Kimley-Horn Lyndale Gardens Redevelopment E;11111 Parking Supply/Demand Analysis and Associates, Inc. Richfield,Minnesota Table 9—Weekday Peak Demand Results(Amphitheater Event Only) Land Use Grouping Total Demand Peak Hour North Area: 253 spaces 6am and 10pm Townhome/Apartment/Office South Area: 95 spaces 1pm Retail/Restaurant/Food Co-op Amphitheater 69 spaces 6pm-9pm Site Total 388 spaces 7pm Note: Values in this table are based on ULI rates Table 10—Weekend Peak Demand Results(Amphitheater Event Only) Land Use Grouping Total Demand Peak Hour North Area: 6am, 10pm, 11pm, 252 spaces Townhome/Apartment/Office and 12am South Area: 103 spaces 1pm Retail/Restaurant/Food Co-op Amphitheater 74 spaces fpm 3pm and 6pm 9pm Site Total 391 spaces 7pm Note: Values in this table are based on ULI rates An event at the amphitheater, whether it is during the week or on the weekend, significantly increases the demand on the site. However, with 433 available spaces for the various land uses, there should be available parking capacity to accommodate an event. By taking advantage of time of day demand patterns and available parking in the north and south areas of the site, event managers should be able to allocate overflow demands appropriately on site. Events will likely require specific traffic and parking management plans, but with an additional 40+/-spaces available over the projected demands, the overall site parking system should be able to support an event with a seating capacity of 200 seats. Figure 3 below illustrates the demand versus supply during an event at the amphitheater. • a January 2013 9 l; Kimle -Horn Lyndale Gardens Redevelopment • Y Parking Supply/Demand Analysis and Associates, Inc. Richfield,Minnesota Figure 3 Demand vs.Supply(Amphitheater Event Only) 500 450 400 r 350 — - — _ _ —Total Supply • 300 --— -- - a 250 Weekday Total Demand 200 ............... 150 — -- Weekend Total •._........ . Demand 100 50 0 E E E E E E E E E E E E E E E E E E E m CO CO CO @ c6 a_ a. a. a. 0. a. a a. a_ Q. a. a_ 06 lO N. CO al 0 1 .-1 N m V cn m h CO al 0 r�-I • In addition to events at the Amphitheater,the site expects to have recurring Farmer's Market events during the summer on Wednesday evenings. During these events, a portion of the parking supply will be converted to an open air market,with approximately 32 spaces removed from the regular parking supply, resulting in 401 spaces on the site. Additionally,the farmer's market creates a new demand for parking, with approximately 8,400 square feet of retail/grocery space.Table 11 shows the demand on the site during the Farmer's Market event,without a concurrent event at the amphitheater. Weekend demands are not shown for a Farmer's Market event because this event type is expected to only occur on weekdays. Table 11—Weekday Peak Demand Results(Farmer's Market Only) Land Use Grouping Total Demand Peak Hour North Area: 253 spaces 6am and 10pm Town h o m e/Apartment/Office South Area: 95 spaces 1pm Retail/Restaurant/Food Co-op Farmer's Market 22 spaces 4pm Site Total 333 spaces 7pm Note: Values in this table are based on ULI rates O January 2013 10 Kimley-Horn Lyndale Gardens Redevelopment Parking Supply/Demand Analysis and Associates, Inc. uppRichfield,Minnesota • As shown in Table 11, in the event of a farmer's market,the overall demand for parking space increases to 333 spaces. However, even with the increased demand and the reduced parking supply to 401 spaces, parking conditions are adequate to meet the projected demand. Figure 4 illustrates the supply versus demand for a Farmer's Market event. Figure 4 Demand vs.Supply(Farmer's Market Only) 450 400 350 300 -Total Supply 250 200 150 Weekday Total Demand 100 50 • 0 E E E E E E E E E E E E E E E E E E E in h of6o m cu a s M. a. O. a a a a a a a cu m e-) '-1 '�-1 .-1 N M V f) l0 N 00 Ol C. c-1 The final event demand scenario includes two events held simultaneously at the Amphitheater and the Farmer's Market. For this analysis, only the weekday demands are evaluated, since it is expected that the Farmer's Market will only occur on weekdays. Table 12 and Figure 5 show the demand on the site with concurrent events. As with the previous scenario,the supply for concurrent events reduces the overall parking supply from 433 spaces to 401 spaces. ■ S January 2013 11 Kimle -Horn Lyndale Gardens Redevelopment y Parking Supply/Demand Analysis i INUIT and Associates, inc. Richfield,Minnesota Table 12—Weekday Peak Demand Results(Farmer's Market and Amphitheater Events) Land Use Grouping Total Demand Peak Hour North Area: 253 spaces 6am and 10pm Townhome/Apartment/Office South Area: 95 spaces 1pm Retail/Restaurant/Food Co-op Farmer's Market 22 spaces 4pm Amphitheater 69 spaces 6pm-9pm Site Total 402 spaces 7pm Note: Values in this table are based on ULI rates Figure 5 Demand vs.Supply(Farmer's Market and Amphitheater Events) 450 400 350 300 --Total Supply 250 200 Weekday Total 150 Demand 100 50 ............... 0 m m co m a' o 0 o a a. 0a. fl. n n n n C t0 r oo rn tC o N m V t0 n CO Ol The overall demand for parking space increases to 402 spaces when concurrent events are held, essentially matching the total supply. During these types of events it will be critical to have well defined event traffic and parking management plans to ensure that the available parking on site is utilized appropriately and demands are balanced across the entire site. With the parking fully utilized, it will likely be difficult for motorist to find the final available parking spaces,without the aid of parking management,wayfinding, and enhanced operations,such as valet conditions. • • January 2013 12 Kimley-Horn Lyndale Gardens Redevelopment 9.1 Parking Supply/Demand Analysis IV and Associates, Inc. Richfield,Minnesota • Conclusions The typical peak weekday and weekend parking demands should be satisfied with the current proposed parking configuration. Because the projected peak parking demands for residential uses are at off-setting times of day than the demands for the other uses on the site,there is opportunity to utilize the underground parking for overflow from the other uses, assuming proper signage and security protocols are established by parking and site management.This analysis evaluated four scenarios, each varying in their demands,with all but one resulting in a surplus of parking availability. Table 13—Summary of Peak Parking Demands Scenario Total Demand Peak Hour Surplus No Events Weekday 319 spaces 7pm 114 spaces Weekend 317 spaces 7pm 116 spaces Farmer's Market Event Weekday(parking supply of 412 spaces) 333 spaces 7pm 68 spaces Amphitheater Event Weekday 388 spaces 7pm 45 spaces Weekend 391 spaces 7pm 42 spaces Farmer's Market and Amphitheater Event Weekday(parking supply of 412 spaces) 402 spaces 7pm 0 spaces Note: Values in this table are based on ULI rates Opportunities for reserved parking will be limited and should be implemented carefully to closely monitor their impact to the parking operations. The townhomes will have dedicated 1 space per unit and visitor parking will be dedicated, resulting in 51 dedicated spaces.The only evaluated scenario that could potentially cause parking issues on site is the concurrence of two events held at the same time, resulting in fully utilized parking supply. When two events are held simultaneously, parking issues can be mitigated through the use of parking management,wayfinding, and enhanced operation, such as use of a valet. Implementing these strategies will direct event traffic to appropriate parking locations on the site,ensuring that the site parking is utilized effectively. ■ S January 2013 13 APPENDIX 1 Table Al—Parking Demands Using City Code Requirements Land Use Grouping Peak Demand Peak Hour No Events North Area: 293 spaces 6am and 10pm Townhome/Apartment/Office South Area: 76 spaces 1pm Retail/Restaurant/Food Co-op Site Total 349 spaces 7pm Amphitheater Event Only North Area: 293 spaces 6am and 10pm Townhome/Apartment/Office South Area: 76 spaces 1pm Retail/Restaurant/Food Co-op Amphitheater 74 spaces 6pm-9pm • Site Total 423 spaces 7pm Farmer's Market Event Only North Area: 293 spaces 6am and 10pm Townhome/Apartment/Office South Area: 76 spaces 1pm Retail/Restaurant/Food Co-op Farmer's Market 10 spaces 4pm and 5pm Site Total 355 spaces 7pm Amphitheater and Farmer's Market Events North Area: 293 spaces 6am and 10pm Townhome/Apartment/Office South Area: 76 spaces 1pm Retail/Restaurant/Food Co-op Amphitheater 74 spaces 6pm-9pm Farmer's Market 10 spaces 4pm and 5pm Site Total 429 spaces 7pm IP • Table A2—Parking Demands Using ITE Rates Peak Demand Land Use Grouping Total Demand Peak Hour No Events North Area: 291 spaces 6am and 10pm Town home/Apartment/Office South Area: 118 spaces 1pm Retail/Restaurant/Food Co-op Site Total 377 spaces 7pm Amphitheater Event Only North Area: 291 spaces 6am and 10pm Townhome/Apartment/Office South Area: 118 spaces 1pm Retail/Restaurant/Food Co-op • Amphitheater 59 spaces 6pm-9pm Site Total 436 spaces 7pm Farmer's Market Event Only North Area: 291 spaces 6am and 10pm Townhome/Apartment/Office South Area: 118 spaces 1pm Retail/Restaurant/Food Co-op Farmer's Market 22 spaces 4pm Site Total 391 spaces 7pm Amphitheater and Farmer's Market Events North Area: 291 spaces 6am and 10pm Townhome/Apartment/Office South Area: 118 spaces 1pm Retail/Restaurant/Food Co-op Amphitheater 59 spaces 6pm-9pm Farmer's Market 22 spaces 4pm Site Total 450 spaces 7pm X 45 trl I u) 0 W E CU N 'a C in CD V) O N N N N j Ti. d N d i C) a o Z d •a O CD CO 0 N CO N• N N 0) d ' O K 0. O W a` .a — ea - — 'a a)M N U)) C C) 0• — co re U) To 15 H !n N co (0 TO M N ' CI O 2 a0 CO CD O C) 0 C v c Z Fc 7 C E H t : :N o0 O Y 6 O Q a>- a Ou Ou) N was l j in' O O 4- 9- •a `- 4 23 O O a O O - E a re x N +' a+ cn I L i. a N Ca V) LL O a 0 co Ca �t n pjirn o 0 O O E p O co V - C v fC LL N , R N N OS • E• C d' N = �_ dim Vl L• E N L N N i RS d i N a _ C t c ") L C a C -a O Q Q) N a CU N Cl) I- <, C7 a; : 0 4, 01 'S • 1;00 coon Kimley-Horn and Associates, Inc. • • Memorandum Suite 238N 2550 University Avenue West St.Paul,Minnesota 55114 Date: September 27,2013 To: Beth Pfeifer,LEED AP The Cornerstone Group From: Brian Smalkoski,P.E.,AICP,PTP,PTOE Kimley-Horn and Associates,Inc. Subject: Lyndale Gardens Parking Analysis Update An updated parking analysis was performed for the Lyndale Gardens redevelopment in Richfield,Minnesota. The purpose of this analysis was to determine the maximum square footage of restaurant area that could be II! implemented while still satisfying parking needs for the other uses.This memorandum documents the methodology and findings for the parking analysis of the potential land use variation.As in the original study,the parking demand for individual land uses were determined utilizing ULI rates. Several factors were used to determine parking demand reduction,including time-of-day variation, multimodal trip percentages,and internal capture of trip demands on the site. The combined restaurant and retail area on the Lyndale Gardens site is approximately 10,000 square feet.The initial parking analysis consisted of utilizing 7,400 square feet for retail and 2,600 square feet for restaurant space with the availability of 433 parking spaces,except during farmer's market events. During farmer's market events,401 parking spaces were available. The latest plans show a parking supply of 421 parking spaces with 402 parking spaces available during farmer's market events,as shown in Table 1.The updated stall counts reflect changes in the site plan as well as reduction of on-street parking. In addition,refinement of the farmer's market layout resulted in fewer spaces being occupied by market stalls in the latest plans and in this updated study. Parking demand for restaurants is higher than parking demand for retail so allocating more space for restaurants could increase overall parking demand. • • TEL 651 645 4197 FAX 651 645 5116 PP-' I Kimley-Horn Ms.Beth Pfeifer,September 27,2013,Pg.3 ik.. and Associates, Inc. • Table 3: Updated Summary of Peak Parking Demands Total Scenario Demand Peak Hour Surplus Capacity No Events Weekday 364 7:00 PM 57 spaces 86% Weekend 389 7:00 PM 32 spaces 92% Farmer's Market Event Weekday(supply of 402 spaces) 378 7:00 PM 24 spaces 94% Amphitheater Event Weekday 433 7:00 PM -12 spaces 103% Weekend 463 7:00 PM -42 spaces 110% Farmer's Market and Amphitheater Event Weekday(supply of 402 spaces) 447 7:00 PM -45 spaces 111% The typical peak weekday and weekend parking demands should be satisfied with the current proposed parking supply. Also,when there is a farmer's market event, the parking demand should be met. As noted above,parking management strategies will be required during any amphitheater event per the PUD. With 10,000 square feet of restaurant, additional parking supply should be provided in addition to implementing strategies such as wayfinding and use of valet. During • the peak hour of concurrent farmer's market and amphitheater events, there is a potential need for 45 additional parking spaces. A parcel south of the co-op(Lot 4 of the site plan) is expected to be able to accommodate the necessary overflow. • ©ck . 2013 Melissa Poehlman Wll.t UpdafL •ubject: FW: Updated table Below is the updated parking capacity table with 7000 s.f. of restaurant use. Scenario Total Demand Peak Hour Surplus/Deficit Capacity No Events Weekday 349 7:00 PM 72 spaces 83% Weekend 362 7:00 PM 59 spaces 86% Farmer's Market Event Weekday(supply of 402 spaces) 363 7:00 PM 39 spaces I 90% Amphitheater Event Weekday 418 7:00 PM 3 spaces 99% Weekend 436 7:00 PM -15 spaces 104% Farmer's Market and Amphitheater Event Weekday(supply of 402 spaces) 432 7:00 PM -30 spaces I 107% For reference, this is based on the following land uses and parking supply: • Land Use Category Units Townhome (units) 10 Apartment (Units) 141 Office (SF) 1,500 Retail (SF) 3,000 Food Co-op (SF) 25,000 Amphitheatre(seats) 200 Restaurant(SF) 7,000 Farmer's Market (SF) 8,400 Site Location Number of Spaces Underground Parking 150 Behind Townhomes 20 Visitor 33 Retail 102 Food Co-op 116 Total 421 • 1 0 , , I 1 2 , CO N I i z. N I 1 ch CO CU CO J U) 0 d N W re CU a � cv W c < as N z cn 0 .0 O M N ,(0 W O N O O s- I— r Q O E o. H � W u) 1.0 �,a) 0 Z 1.1). 1 Q O C9 N Ls) O O N— O r . Z c N o O CD re y r Q .1 3 O r a ,_ 'a 0 F— °' V F- r o 0 ® r.— r N - I (o •-•. .-• 4 N co d i ® O O ti a) :a 7 7, O O sto in O O ,w- a) r r N.- r fo W 'O co O oo G. 0 7 M , O N O a. , d fn y. R U its Z 4-- �, N O co O W O d 0 CO N,N O O,_ t� o N O O a) OID 0 O o r0 3 _ I o o Q a) as as co I 1 , , I 1 1 ' 0 , I I j i r- c) (O N e- V) ' I V/ N ■ Tli d M Cl) C) J a) K d CC N' MI M `a -a � Z N i 0 'a O M (NI co d N CO O r- �/ U) P r Q O E n. a co o) Cl) 'g °O' � NCOti w �. w Qm 2 ° c • Z r O co U) I- 1 U) V N 'to N N O • T r Z = N L O M Q R 0 E H d V} _- ce C) co O In to M.N O H O •> N c- u.5 v- i C) > N Cl) Y L ww as O E u) N a) VS 1 Q'� U) O p p C C O O O C.) O O) O N Qd to to CO \!� r r Q. r r- C7 'V Y to fA co N Z I— "- Q to N N O ▪ O cu OO O. ,a- E▪ � U1 O ct . _.O 0 _ LL N w O .4-c-' O O O CD 1:3 U) o a) v C N. • E-- Q I O 0 U -.1 0 U AGENDA SECTION: RESOLUTIONS AGENDA ITEM# 13 REPORT# 275 STAFF REPORT Aiced CITY COUNCIL MEETING DECEMBER 10, 2013 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME Ti DEPARTMENT DIRECTOR REVIEW: El SIGNATURE OTHER DEPARTMENT REVIEW: ® N/A SIGNA i9: REVIEWED BY CITY MANAGER: F / I _Arti.l I A. ITEM FOR COUNCIL CONSIDERATION: Consideration of resolutions approving the 2013 Revised/2014 Proposed budget and tax levy and related resolutions and I. RECOMMENDED ACTION: By Motion: Adopt the resolutions approving the 2013 Revised/2014 Proposed budget and tax levy and related resolutions. II. EXECUTIVE SUMMARY On September 10, 2013, the City Council approved and certified a preliminary tax levy of$18,012,303 to Hennepin County. The final tax levy must now be considered and approved by the City Council. The final levy may be less but cannot be greater than the preliminary levy amount. Taxpayers have received individual parcel specific tax notices in anticipation of the truth-in-taxation hearing. The City of Richfield has conducted and closed its 2013 truth-in-taxation hearing on December 3, 2013. During the course of the public hearing, there was an opportunity for testimony from the general public. Information was also presented by staff regarding the proposed levy and budget. No official City Council action to act on the levy was permissible on the day of the public hearing. Since the initial publication of the 2014 City of Richfield proposed budget document, there has been one change of note. The original 2014 General Fund budget approved by the City Council in September has been increased in the Public Works Street Division budget by $408,000 to account for residential street concrete work in 2014, in preparation of the planned mill and overlay of all residential streets beginning in 2015. Also included for consideration are salary increases for non-represented employee pay plans. The proposed increases are 2.25% increase for the Management and General Services pay plans, and 1% for the Specialized pay plan. The increases are effective the first full pay period of January 2014. III. BASIS OF RECOMMENDATION A. BACKGROUND • N/A B. POLICY • A revised 2013 budget and final 2014 budget and tax levy must be adopted on or before December 30, 2013. • Cities then have five working days after December 20 or no later than December 30 to prepare all the documentation necessary to certify a final levy to the County Auditor and State Department of Revenue. • A proposed 2014 tax levy has been submitted to the City Council for consideration. • Several related resolutions included within the total budget document need to be considered. These related resolutions are itemized in the attachment section of this staff report. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • The proposed gross tax levy for 2014 is $18,012,303. • The gross tax levy for 2014 reflects a 1.51% increase from the previous year's gross levy. • The levy increase comprises three components as follows: • General Fund Levy 0.87% • Equipment Levy 0.00% • Debt Service Levy 0.70% • Tax Abatement Levy (0.06%) 1.51% • 2.25% wage increase for Management and General Services employees effective January 2014 and 1% for employees in the specialized pay plan. E. LEGAL • A truth-in-taxation public hearing for the 2014 proposed budget and tax levy was conducted on December 3, 2013. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The City Council could adopt a final 2014 budget and tax levy in any amount, which does not exceed the preliminary levy of$18,012,303. V. ATTACHMENTS • Resolution adopting a proposed budget and tax levy for the year 2014. • Resolution authorizing budget revisions. • Resolution authorizing revision of 2013 budget of various departments. • Resolution authorizing adjustment to City's mileage reimbursement rate to conform to Internal Revenue Service statutory mileage reimbursement rate. • Resolution adopting the 2014 Capital Improvement Budget. • Resolution adopting the 2015-2018 Capital Improvement Program. • Resolution relating to purchasing practices in the City of Richfield. • Resolution establishing wastewater service rates and charges, water rates and charges, special water service charges, storm sewer rates and charges, and 6.5% penalty on past due accounts. • Resolution establishing a Public Works On-Call compensation policy. • Resolution establishing 2014 license, permit and miscellaneous fees pursuant to the provisions of appendix D of the ordinance code of the City of Richfield. • Resolution relating to the 2014General Services Salary Compensation Plan. • Resolution relating to the 2014 Management Salary Compensation Plan. • Resolution relating to the 2014 Specialized Pay Plan. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. 13 - 1 RESOLUTION NO. RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY FOR THE YEAR 2014 WHEREAS, the Minnesota Truth in Taxation law provides for a proposed tax levy to be certified to the County Auditor by September 15, 2013 and then recertified before December 30, 2013. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The budget for the City of Richfield for the year 2014 is hereby approved and adopted with appropriations for each of the departments to be as follows: General Fund Legislative/Executive $ 817,020 Administrative Services 1,203,370 Public Safety 7,988,900 Fire Services 3,699,460 Community Development 1,327,310 Public Works 4,232,700 Recreation Services 1,704,570 TOTAL GENERAL FUND $20,973,330 2. The estimated gross revenue of the City of Richfield from all sources, including general ad valorem tax levies as hereinafter set forth for the year 2014 which are more fully detailed in the City Manager's official copy of the 2014 budget, are hereby found and determined to be as follows: TOTAL GENERAL FUND $20,973,330 3. There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 2013, payable in 2014 for the following purposes and in the following amounts: PURPOSE AMOUNT General Fund' $15,570,7652 Debt Service 2,142,316 Cedar Point Tax Abatement 299,222 1 Provision has been made in the General Fund for the payment of the City's contributory share to Public Employees' Retirement Association. 2 General Fund Levy included all fiscal disparities distribution amounts. 4. The budget for the Housing and Redevelopment Authority of Richfield for the year 2014 is hereby ratified and approved. There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 2013, payable in 2014 for the following purposes: 13 -A PURPOSE AMOUNT Housing and Redevelopment Authority $471,424 5. A certified copy of this resolution shall be transmitted to the County Auditor. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of December 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 13- 3 RESOLUTION NO. RESOLUTION AUTHORIZING BUDGET REVISIONS WHEREAS, the City Charter and Minnesota Statutes provide for a process for adopting an annual budget and tax levy; and WHEREAS, the City Charter provides certain authority for the City Manager and/or City Council to revise the annual budget; and WHEREAS, it would be beneficial to restate such authority with the adoption of the budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: The City Manager may increase the budget by City Council action provided that unbudgeted receipts will be available to equal or exceed the increased expenditures. The City Manager may authorize transfers between divisions within a department providing the transfers do not increase or decrease the department or total budget. The City Manager may transfer budgeted amounts between departments only with the approval of the City Council. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of December, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk I ,-11 RESOLUTION NO. RESOLUTION AUTHORIZING REVISION OF 2013 BUDGET OF VARIOUS DEPARTMENTS WHEREAS, Resolution No. 10730 appropriated funds for personal services, other expenses and capital outlays for each department of the City for the year of 2013; and WHEREAS, The City Charter, Chapter 7, Section 7.09, gives the Council authority to transfer unencumbered appropriation balances from one department to another within the same fund at the request of the City Manager; and WHEREAS, The City Manager has requested a revision of the 2013 budget appropriations in accordance with Charter provisions and as detailed in the Proposed 2014 budget document. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the 2013 appropriations for each department of the General Fund be amended to establish the following totals: General Fund Legislative/Executive $ 804,640 Administrative Services 1,167,350 Public Safety 7,929,360 Fire Services 3,582,470 Community Development 1,255,700 Public Works 4,216,200 Recreation Services 1,635,580 Transfer Out 25,000 TOTAL GENERAL FUND $20,616,300 INCREASE $ 11,920 2. Estimated 2013 gross revenue of the City of Richfield from all sources, as the same are more fully detailed in the City Manager's official copy of the proposed 2014 budget, are hereby revised as follows: INCREASE $11,920 3. That the City Manager and the Finance Manager bring into effect the provisions of this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of December 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk X3 -1 RESOLUTION NO. RESOLUTION AUTHORIZING ADJUSTMENT TO CITY'S MILEAGE REIMBURSEMENT RATE TO CONFORM TO INTERNAL REVENUE SERVICE STATUTORY MILEAGE REIMBURSEMENT RATE WHEREAS, the Internal Revenue Service periodically adjusts the business mileage reimbursement rate; and WHEREAS, the City of Richfield's present mileage reimbursement is in conformance with the Internal Revenue Service business mileage reimbursement rate; and NOW , THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota: 1. That the City Manager of Richfield is hereby authorized and directed to adjust the City's mileage reimbursement rate to be in conformance with Internal Revenue Service guidelines. 2. That the City's mileage reimbursement rate is not to exceed the Internal Revenue Service guidelines. Approved by the City Council of the City of Richfield, Minnesota this 10th day of December, 2013. Debbie Goettel, Mayor ATTEST Nancy Gibbs, City Clerk 13-(41 RESOLUTION NO. RESOLUTION ADOPTING THE 2014 CAPITAL IMPROVEMENT BUDGET WHEREAS, a proposed Capital Improvement Budget for 2014 has been prepared and submitted for review by the City Council in accordance with charter requirements; and WHEREAS, the City Council has received the recommendations and benefit of review of these proposed documents by the Planning Commission and has itself reviewed these proposals. NOW, THEREFORE, BE IT RESOLVED that the 2014 Capital Improvement Budget in the sum total of$3,527,500 is hereby approved as amended and adopted with full recognition of the fact that the cost estimates are approximate and are subject to final cost estimates and that all awards of contracts for these projects are subject to necessary hearings and must be approved by the City Council in accordance with established laws and practices governing such action, and BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to initiate the procedures which will lead to more formal and detailed consideration of these projects in accordance with the aforementioned laws and practices. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of December, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk I3-1 RESOLUTION NO. RESOLUTION ADOPTING THE 2015-2018 CAPITAL IMPROVEMENT PROGRAM WHEREAS, a proposed Capital Improvement Program 2015-2018 has been prepared for review by the Planning Commission in accordance with charter requirements; and WHEREAS, the City Council has received the recommendations and benefit of review of these proposed documents by the Planning Commission and has itself reviewed these proposals. NOW, THEREFORE, BE IT RESOLVED that the 2015-2018 Capital Improvement Program is hereby approved and adopted subject to annual review and revision; BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to initiate the procedures which will lead to more formal and detailed consideration of these projects in accordance with the aforementioned laws and practices. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of December, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk i3- � RESOLUTION NO. RESOLUTION RELATING TO PURCHASING PRACTICES IN THE CITY OF RICHFIELD AMENDING RESOLUTION NO. 10736 WHEREAS, the City Manager of the City of Richfield has purchasing authority pursuant to the City Charter and Administrative Ordinance Code; and WHEREAS, the City Charter and Administrative Ordinance Code expressly state a purchasing authority limit for the City Manager, and. WHEREAS, all purchases in excess of$100,000 will require approval by City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: That the City Manager of the City of Richfield is hereby granted the authority to enter into contracts or approve purchases on behalf of the City of Richfield up to, but not to exceed $100,000. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of December, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION ESTABLISHING WASTEWATER SERVICE RATES AND CHARGES, WATER RATES AND CHARGES, SPECIAL WATER SERVICE CHARGES, STORM SEWER RATES AND CHARGES, AND 6.5% PENALTY ON PAST DUE ACCOUNTS BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: SANITARY SEWER SERVICE RATES AND CHARGES FOR 2014 1. Pursuant to the provisions of Section 7.05 of the Ordinance Code of the City of Richfield, the rates and charges for use and service of the sanitary sewer system are hereby established to be those set forth in the following paragraphs of this resolution which rescinds Resolution No. 10737: 2. Where the rate is not based upon the metered use of water, the following quarterly flat charges are established effective January 1, 2014 for each billing district as defined in paragraph 3 of this resolution. 2014 A) Residential per unit $ 78.00 B) Commercial - For the equivalent of 10 or less persons $ 78.00 More than 10, less than 16 142.10 More than 15, less than 21 199.00 More than 20, less than 26 265.60 C) Institutional - For each public or private school the quarterly flat charge shall be charged whether the school is in session or not (rates being charged upon average yearly use); shall be based upon the number of students enrolled at the beginning of the quarterly billing period or the preceding period if school is not then in session; and shall be as follows: 2014 For each 100 grade school students or fraction $ 81.70 in excess thereof For each 100 junior high school students or high 120.00 School students or fraction thereof D) In addition to the above flat rates there shall be a customer Charge on each invoice as determined in paragraph 4 of this resolution and a certification charge as determined in Section 7.05 of the City Ordinance Code. 3. Where the rate for sanitary sewer service is based upon the metered use of water on the premises, such rates shall be as follows: A) For all residential premises the rate shall be based on I 3- ID The actual use, or less of water for the preceding winter quarter, per thousand gallons with a minimum of 7,000 gallons, effective January 1, 2014, for each 2014 customer billing district and shall be as follows: $ 3.89 For the purpose of this paragraph A), the winter quarter shall be the winter quarter as specified in Subdivision 3 of said section 7.05. B) For all commercial, institutional, industrial, and other premises, the rate per thousand gallons of water effective January 1, 2014, shall be as follows: $ 3.89 C) A customer charge shall be made for each invoice rendered effective January 1, 2014 as follows: $ 5.00 If the invoice is for water service, as well as sanitary sewer service, the customer charge, when collected, shall be allocated proportionally between the City's water fund, sewer fund, and its storm sewer fund based on the user fees billed for by each fund. D) Where the metered use of water on the premises for the preceding winter quarter was not normal, the rate may be adjusted as provided in Subdivision 3 of said Section 7.05. 4. The foregoing rates and charges are in addition to, and not in lieu of, other rates and charges established by ordinance or resolution. 5. The Metropolitan Airports Commission (MAC) will be charged a sanitary sewer rate based on the Met Council Environmental Services (MCES) rate plus 15% for Inflow/Infiltration and $1,000.00 per quarter for administration costs. WATER RATES AND CHARGES FOR 2014 1. Pursuant to the provisions of Section 7.15 of the Ordinance Code of the City of Richfield, the rates and charges for City water and water service are hereby established to be those set forth in the following paragraphs of this resolution: The charges due and payable to the City by each water customer of the City, during any quarter shall be based upon the Conservation Rate Structure. Water-Tier 1: The first tier rate is ($3.14 per thousand) charged for consumption of the first 25,000 gallons. Water-Tier 2: The second tier rate is ($3.44 per thousand) charged for consumption of 26,000 gallons but less or equal to 50,000 gallons. Water-Tier 3: The third tier rate is ($3.75 per thousand) charged for consumption in excess of 51,000 gallons. Irrigation accounts: All consumption will be charged at the ($3.75 per thousand) water-tier 3 rate. 13—li The Conservation Rate Structure applies to multi-unit and residential premises. Commercial, institutional or industrial will only be subject to the Water-tier 1 rates for domestic use, irrigation accounts will be subject to the Water-tier 3 rate. Water charges shall be payable quarterly, and all bills issued after January 1, 2014 shall be at this rate. SPECIAL WATER SERVICE CHARGES FOR 2014 1. Pursuant to the provisions of Section 7.15 of the Ordinance Code of the City of Richfield, the rates and charges for special customer services are hereby established to be those set forth in the following paragraphs of this resolution: 2. The charge for establishing a new customer account shall be $13.50 per account. 3. The charge for installation of meters shall be $50.00 per installation. 4. The charge to flush and maintain fire hydrants located on privately owned property within the City shall be $50.00 per hydrant per year plus any required parts. 5. The charge to thaw and service water pipes on customer property shall be actual cost to the City plus thirty percent. 6. The charge for any other services not covered by the above shall be based on actual hourly cost to the City plus thirty percent. 7. The MN lab fee will is $6.36. STORM SEWER RATES AND CHARGES FOR 2014 1. Pursuant to the provisions of Section 7.20 of the Ordinance Code of the City of Richfield, the rates and charges for City storm sewer service are hereby established to be those set forth in the following paragraphs of this resolution: 2. The rates and charges for the use and availability of the system are determined through the use of a "Residential Equivalent Factor" (REF). One REF is defined as the ratio of the average volume of surface runoff coming from one acre of land and subjected to a particular use, to the average volume of runoff coming from one acre of land subjected to typical single-family residential use within the City during a standard one year rainfall event. The REF's for the following land uses within the City and the billing classifications for such land uses are as follows: LAND USES REF CLASSIFICATION Cemeteries .25 1 Parks and railroads .75 2 Two-family residential 1.00 3 Single-family residential 1.00 4 Public and private schools and institutional uses 1.25 5 Multiple-family residential uses and churches 3.00 6 Commercial, industrial, and Warehouse uses 5.00 7 3. The basic system quarterly rate for storm sewer service is $60.10 per acre of land. $12.02 is the quarterly rate for a single-family residence, which is considered to have an acreage of one-fifth acre. The charge made against each parcel of land is then determined by multiplying the REF for the parcel's land use classification times the parcel's acreage times the basic system rate. 6.5% PENALTY ON PAST DUE ACCOUNTS 1. Customers will have twenty eight (28) days to pay their water, sanitary sewer, and storm sewer quarterly bills from the date of the mailing by the City. Any unpaid amount will be added to the next quarterly bill along with a 6.5% penalty on the delinquent amount. 2. The penalty charge when billed on past due accounts shall be allocated proportionally between the City's water fund, sewer fund, and storm sewer fund based on the user fees billed for each fund. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of December, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk I - f3 RESOLUTION NO. RESOLUTION ESTABLISHING A PUBLIC WORKS ON-CALL COMPENSATION POLICY WHEREAS, the City Council has determined to provide Public Works Superintendent/Managers/City Engineer compensation for being on-call for possible Public Works emergencies; and WHEREAS, the good judgment of a Public Works Superintendent/Manager/City Engineer is needed to provide quality response to Public Works emergencies such as water main breaks, street light knock downs, and sewer main back ups; and WHEREAS, the City Council finds it necessary to establish a policy to provide such employees with on-call compensation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richfield hereby adopts the following On-call Compensation Policy: Public Works Superintendents/Managers/Supervisors/City Engineer who remain on-call by carrying the emergency cell phone (or similar device) for a period of one week will be compensated at a rate established annually as part of the budget preparation process, beginning with $150 a week in 2014. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of December 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk i r l LI RESOLUTION NO. RESOLUTION ESTABLISHING 2014 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD RESCINDING RESOLUTION NO. 10739 BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: Section 1. Establishing Fees. A. License, permit and miscellaneous fees required under the ordinances of the City of Richfield shall be as stated in the sections of this Resolution. B. A period of no less than 30 days will be allowed for the remittance of City Business license renewal fees contained in Sections 5, 6, 7, 8 and 9 of this resolution. C. A 10% administrative surcharge will be assessed upon all renewals contained in Section 5, 6, 7, 8 and 9 of the resolution if not received by the City on or before December 31st of each year. The 10% surcharge will be based upon the cost of the license. D. Nothing in this section shall be deemed to require the City to issue or renew any license for which the fee has not been paid in a timely manner. Section 2. Construction and Related License Fees. Type of Permit Section Description Fee or License Requiring (1) Heating and Ventilating Installer 400.07 1 Year $ 80.00 (2) Sign Installer 416.01-416.13 1 Year $ 80.00 (3) Electrical Installer 400.03-400.09 State License Required (4) Plumber 400.03-400.09 State License Required (5) Well Driller 620 State License Required Section 3. Public Works Fees. Type of Section Description Fee Permit Requiring or License (1) Benches 805.01— First Year $ 80.00 Page 1 805.27 Renewal $ 30.00 (2) Boulevard 811.07 a) Application to place a privately owned feature in the $ 30.00 feature Permit boulevard b) If applied for after installation of feature has begun $ 60.00 (3) Excavation 800.01— a) For each transverse excavation and each 100 feet or $ 125.00 in Public Right 800.15 portion thereof longitudinal excavation and for each 100 feet of way of curb and gutter or portion thereof installed or driveway apron installed, except when survey and grade stakes are set by City b) If applied for after excavation has begun $ 250.00 c) For each pothole $ 20.00 (4) Forestry 810 Applies only to trees on City property and public ROW $ 50.00 Permit (5) Seasonal a) Per load $ 25.00 Load Limit Exemption b) If applied for after delivery $ 50.00 (6) Obstruction 802.17 (a) Short term,temporary single lane closure of less than four No fee Permit hours (b) Lane closures longer than four hours' duration (or if between 7:00 a.m. and 9:00 a.m. or between 3:30 p.m. and 6:00 p.m.) Arterial Day(per block or portion thereof) $ 60.00 Full Closure (per block or portion thereof) $ 300.00 Page 2 Collector Day(per block or portion thereof) $ 30.00 Full Closure (per block or portion thereof) $ 75.00 Local/Residential Day(per block or portion thereof) $ 15.00 Full Closure (per block or portion thereof) $ 45.00 Sidewalk/Bike Lanes Day $ 30.00 If applied for after obstruction closure has begun (c) Short term,temporary single lane closure less than four No fee hours (d) Lane closures longer than four hours' duration (or if between 7:00 a.m. and 9:00 a.m. or between 3:30 p.m. and 6:00 p.m.) Arterial Day(per block or portion thereof) $ 120.00 Full Closure (per block or portion thereof) $ 300.00 Collector Day(per block or portion thereof) $ 60.00 Full Closure (per block or portion thereof) $ 150.00 Local/Residential Day(per block or portion thereof) $ 30.00 Page 3 3-- I1 Full Closure (per block or portion thereof) $ 90.00 Sidewalk Day $ 60.00 If the closures are not removed by the permitted completion date,then additional Days will be charged at double the rate (7) Noise 930.35 (a) With conditions added as required $ 50.00 Ordinance Exemption (b) If applied for after violation $ 100.00 (8) 705.03— All delinquent accounts $ 50.00 Certification 705.21 Charge (9) NSF Check $ 50.00 Charge (10) Utility Services Sanitary Sewer 700.05 All land uses New Service $ 125.00 Repair $ 125.00 Disconnect $ 125.00 Replacement $ 125.00 Water Service 715.01 All land uses $ 125.00 New Service $ 125.00 Page 4 a � 3-Ig Repair $ 125.00 Disconnect $ 125.00 Replacement Turn on/off $ 50.00 Meter $ 50.00 Installation Private Hydrant $ 50.00 Storm Sewer 720 All land uses New Service $ 125.00 Repair $ 125.00 Disconnect $ 125.00 Replacement $ 125.00 (11)Street Light 855.05 First time applicant to hang street light banners within a $ 50.00 Banners district of for an event. Per street light banner installation (no existing hardware) $ 20.00 Per street light banner installation if supporting hardware $ 10.00 exists on the light pole. Per street light banner removal $ 10.00 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 Page 5 3-19 removal of all banners at the permittee's expense. $ 10.00 Section 4. Fire Services Fees. Type of Permit Section Description Fee or License Requiring (1) Fire Prevention Code 400.21- For initial fee required under Per Year $ 70.00 400.29 code For each additional fee required $ 15.00 under code Penalty If not renewed within Per Year $ 35.00 2 months of notification (2) Daycare/Adult Foster Care Facility $ 50.00 Inspection (3) Reimbursement Fee for Fire/Rescue Unit Per Hour $ 300.00 (4) Sale of Consumer 1131 (a) License per location selling Per Year $ 350.00 Fireworks only consumer fireworks (b) License per location of each Per $ 100.00 Year other retail seller Section 5. Amusement and Recreation Licenses and Permits. Type of Permit Section Description Fee or License Requiring (1) Arcade 1105 1 Year $ 497.00 (2) Amusement Device 1100.01 (a) Mechanical Amusement $ 15.00 Device 1 Year (Pinball) Page 6 13-db (b) Mechanical Music Box 1 Year $ 15.00 (c) Video Games 1 Year $ 15.00 (3) Lawful Gambling 1100.13 Bingo,Tipboard, Paddle Wheel, Raffle, Pull Tabs (a) Lawful Gambling Permit 1 $ 100.00 Year (those exempt from State Licensure) (State Statute 349.213) (b) Lawful Gambling $ 100.00 Investigative 1 Year Fee (State Statute 349.16) STATE LICENSE REQUIRED (4) Itinerant Place of Amusement 1100.05— 1 Day $ 267.00 1100.11 (5) Public Dance 1110.03 For each day dances are held - $ 44.00 $3 1 month No fee for locations holding tavern licenses. (6) General Amusement 1100.03 (a) Billiard, Pool or Pigeonhole 1 $ 15.00 Year table (each) 1. Coin operated 1 Year $ 15.00 (b) Bowling Alley(per lane) 1 Year $ 42.00 (c) Circus 1 Year $ 202.00 (d) Dance Hall 1 Day $ 202.00 Page 7 (e) Golf 1. Miniature 1 Year $ 47.00 2. Driving Tee 1 Year $ 47.00 (f) Mountback 1 Day $ 193.00 (g) Rides, mechanical/animal of $ 15.00 any 1 Year kind (ea) (h) Shows, any kind 1 Day $ 193.00 (i) Shuffleboard (each lane) 1 $ 16.00 Year (j) Other games 1 Day $ 15.00 (7) Musical Concert 1110.01 Per event $ 44.00 (8) Theatre Cinema 1120 1 Year $ 209.00 Plus a notice publication fee $ 7.00 (9) Roller Rink 1115 1 Year or portion thereof $ 209.00 (10) Commercial Adult-Oriented 605 1 Year $ 2,481.00 Enterprises Investigation fee 1 Year $ 2,481.00 (11) Masseur/Masseuse 605 Certificate fee 1 Year $ 83.00 Investigation fee 1 Year $ 209.00 (12) Public Baths 610 1 Year $ 2,874.00 Investigation fee(actual cost $ 2,874.00 minimum) Page 8 (13) Fortune Teller and related 1130.05— 1 Day $ 167.00 trade 1130.07 1 Week $ 496.00 1 Month $ 990.00 1 Year $ 1,654.00 (14) Adult Establishments 1196 Annual license 1 Year $ 2,481.00 Investigation fee (new license) $ 2,481.00 Section 6. Animal Licenses and Permits. Type of Permit Section Description Fee or License Requiring 1(1) Animals 905.01-905.29 (a) Animals (Spayed or Neutered) with 1 Year $ 15.00 option to purchase a multi-year license (b) Animals (Not Spayed or Neutered) 1 Year $ 25.00 (c) Duplicate Animal License $ 7.00 (d) Late Penalty $ 10.00 905.31-905.33 (e) Commercial Kennel 1 Year $ 217.00 (f) Residential Kennel 1 Year $ 164.00 (g) Veterinary $ 217.00 905.37-905.39 (h) Pigeons 1 Year $ 43.00 905.41 (i) Non-domestic Animals(Temporary Permit) $ 30.00 905.01-905.29 (j) Impounding (each animal) 1st time $ 64.00 2nd Time $ 127.00 3rd time (each impound after) $ 191.00 Page 9 (k) Dangerous dog registration fee $ 500.00 State Statute 347.51) Section 7. Vehicle and Transportation License and Permit Fees. Type of Permit Section Description Fee or License Requiring (1) Aircraft 1340 1 Day $ 48.00 (2) Garbage and Refuse 601.01- Commercial and Residential Collection 601.33 First vehicle 1 Year $ 248.00 Each additional vehicle 1 Year $ 52.00 (3) Motor Vehicle Dealer 1155 Per place of business 1 Year $ 371.00 Each additional place of business 1 $ 141.00 Year (4) Motor Bicycle Business 1160 Per place of business 1 Year $ 215.00 Per place of business to sell, rent 1 $ 99.00 Year or lease (5) Sound Truck 1165 Per vehicle 1 Year $ 215.00 Per vehicle 1 Day $ 33.00 (6) Taxicab 1170 First vehicle or auto livery 1 Year $ 536.00 Each additional vehicle or auto $ 67.00 livery 1 Year operated at any time within license period Page 10 1a`1 (7) Taxicab Driver 1175 1 Year $ 49.00 (8) Rental or Utility Trailers and 1185 Each place of business 1 Year $ 99.00 Trucks Section 8. Commercial Business and Trade Licenses and Permits. Type of Permit Section Description Fee or License Requiring (1) Firearms Dealer 920.01— 1 Year $ 1,654.00 920.05 (2) Food 617 (A) Type I Establishment,a large 1 Year Establishments high-risk food establishment serving on average 500 or more meals per day; having 175 or more seats; or having 500 or more customers per Day (1) Food service or retail food establishment $ 743.00 (2) School, kindergarten through grade 12 $ 683.00 (3) Daycare Center or Preschool $ 546.00 (B) Type II Establishment, a small high-risk food establishment serving on average fewer than 500 meals per day; having fewer than 175 seats; or having fewer than 500 customers per day (1) Food service or retail food establishment $ 656.00 (2) School, kindergarten through grade 12 $ 656.00 (3) Daycare Center or Preschool $ 437.00 (C) Type Ill Establishment, a medium risk food establishment serving mainly non-potentially hazardous foods and potentially hazardous foods prepared elsewhere and only heated or held cold onsite; or serving or retailing foods such as pizza • Page 11 carryout or delivery, requiring handling followed by heat treatment. (1) Food service or retail food establishment $ 546.00 (2) School, kindergarten through grade 12 $ 274.00 (3) Daycare Center or Preschool $ 274.00 (D) Type IV Establishment, a food establishment with minimal food handling such as preparing coffee, hot dogs, blended or mixed drinks, packaged foods customers heat onsite, continental breakfasts, unpackaged baked goods made elsewhere (1) Food service or retail food establishment $ 355.00 (2) School, kindergarten through grade 12 $ 165.00 (3) Daycare Center or Preschool $ 165.00 (E) Type V Establishment, a food establishment with non-potentially hazardous food or food products sold in the original packaging (1) Food service or retail food establishment $ 218.00 (2) School, kindergarten through grade 12 $ 137.00 (3) Daycare Center or Preschool $ 137.00 (F) Supplemental Facility (1) High Supplemental Facility(like Type I and II) $ 137.00 (2) Medium Supplemental Facility(like Type III and $ 109.00 IV) (3) Catering Supplemental Facility (for Food $ 165.00 Catering Vehicle(s) and equipment) Page 12 13-49AP (4) Low Supplemental Facility (like Type V) $ 81.00 (G) Temporary Food Establishment (1) Complex Temporary 1 to 3 days (like Type I and $ 137.00 II) (2) Complex Temporary 4 to 21 days (like Type I $ 246.00 and II) (3) Simple Temporary 1 to 3 days (like Type III, IV $ 56.00 and V) (4) Simple Temporary 4 to 21 days (like Type III, IV $ 132.00 and V) (H) Farmer's Market Stand (stands not exempted $ 165.00 from licensing in Minnesota Statue Chapter 28A) (I) Vending Machines (1) Food and beverage (except items in 2) $ 20.00 (2) Nuts, gum balls, hard candy and unsorted $ 15.00 confections (3) Automobile 1125 Per calendar Year or fraction thereof $ 167.00 Washing Establishment (4) Scavenger 600.25 Each vehicle 1 Year $ 48.00 Permit fee for opening cesspool or dumping $ 24.00 contents of each cesspool into City sewer (5) Incinerator 600.01— 1 Year $ 48.00 600.23 (6) Tobacco 1146.01(MS Retail Sale and Distribution- License issued on $ 415.00 461.12) calendar Year(cigarette vending machines Page 13 3'�� prohibited) (Bill No. 1998-19) (7) Transient 1181.01— 1 Day $ 106.00 Merchant 1181.09 (8) Wagon Peddler 1181 1 Year $ 249.00 (9) State hawker or 1181 6 month/per person covered $ 62.00 Peddler license (10) Canvasser or 1181 6 month/per person covered $ 62.00 Solicitor (11) Christmas Tree 1130.03 1 Year $ 135.00 Sale (12) Lodging 618 (A) Hotel/Motel $ 229.00 Establishments (1) Each Guestroom $ 15.00 (B) Lodging House, lodging accommodation for 5 or more regular roomers, no food provided (1) Five to 25 beds $ 218.00 (2) 26 or more beds, each bed $ 9.00 (C) Small Boarding House,food and lodging accommodations for 5 to 10 regular boarders. Food license included. (1) Five to 10 beds $ 218.00 (D) Large Boarding House,food and lodging accommodations for 11 or more. A separate food license is required. (1) 11 to 25 beds $ 218.00 Page 14 I3-A (2) 26 or more beds, each bed $ 9.00 (E) Bed and Breakfast, food license is included $ 218.00 (13) Outdoor 1135 Permit $ 105.00 Merchandising (14) Storage 1135 Per Enclosure $ 90.00 Enclosure (15) Pawnbroker 1187 (a) Pawnbroker 1 Year $ 4,313.00 (b) Owner investigation fee 1 Year $ 2,479.00 (nonrefundable) (c) Manager investigation fee 1 Year $ 897.00 (nonrefundable) (d) Employee investigation fee 1 Year $ 85.00 (nonrefundable) (e) Transaction fee- per transaction $ 2.00 (16) Secondhand 1186 (a) Secondhand Goods Dealer 1 Year $ 473.00 Goods Dealer (b) Initial investigation fee (nonrefundable) actual $ 1,983.00 costs in excess of above with total not exceeding Applicant shall deposit$1200.00 with Licensing Clerk along with application.Amount in excess of actual application costs shall be refunded. (17) Auto Detailing 1195.01 1 Year $ 369.00 Establishment (18) Tattoo, Body 630 (a) Tattoo, body piercing, body painting 1 Year $ 826.00 Piercing, Body Painting or body branding or Body Branding Page 15 3 -461 (b) Initial investigation fee 1 Year $ 2,479.00 (nonrefundable) (19) Temporary 630 Per booth $ 48.00 Tattoo, Body Piercing, Body Branding and Body painting events (20) Massage 1188 Annual license 1 Year $ 825.00 Therapy Enterprise License (Business license) Investigation fee (new license) $ 825.00 Massage Annual license 1 Year $ 83.00 Therapist(Individual License) Investigation fee (new license) $ 83.00 Temporary Per temporary location $ 166.00 Massage Therapist License (21) Public Swimming 619 (A) Indoor Pools (1) First pool $ 218.00 (2) Each additional pool $ 109.00 (B) Outdoor (1) First pool $ 218.00 (2) Each additional pool $ 109.00 (C) School, K through grade 12, pools Page 16 (1) First pool $ 142.00 (2) Each additional pool $ 81.00 PLAN REVIEW FEE FOR FOOD, THERAPEUTIC MASSAGE AND LODGING PERCENTAGE OF FACILITY INVOLVED WILL BE DETERMINED BY STAFF Descriptions: Type I Establishment, a large high-risk food establishment serving on average 500 or more meals per day; having 175 or more seats; or having 500 or more customers per day. Type II Establishment, a small high-risk food establishment serving on average fewer than 500 meals per day; having fewer than 175 seats; or having fewer than 500 customers per day. Type Ill Establishment, a medium risk food establishment serving mainly non-potentially hazardous foods and potentially hazardous foods prepared elsewhere and only heated or held cold onsite; or serving or retailing foods such as pizza carryout or delivery, requiring handling followed by heat treatment. Type IV Establishment, a food establishment with minimal food handling such as preparing coffee, hot dogs, blended mixed drinks, packaged foods customers heat onsite, continental breakfasts, unpackaged baked goods made elsewhere. Type V Establishment, a food establishment with non-potentially hazardous food or food products sold in the original packaging. Environmental plan review—includes the physical remodeling, updating, equipment replacement, equipment additions and the general overall review of all plans/work. This also includes all new development projects. New Extensive Minor Remodel Non-remodel Construction and/or Remodel 0-24% approval Major Remodel (25-50% of facility) consultation (over 50% of facility) $5,000 or less of facility in costs) involved) Type I $2,637.00 $1,375.00 $742.00 $126.00 Type II $1,816.00 $ 993.00 $552.00 $126.00 Type III $ 993.00 $ 553.00 $330.00 $126.00 Page 17 ) 341 Type IV $ 487.00 $ 190.00 $ 96.00 No fee Type V New project or Minor remodel- change of owner- permit but no $ 115.00 plan check fee Therapeutic $ 126.00 $ 126.00 $126.00 $126.00 Massage i Lodging $2,197.00 $1,182.00 $616.00 $126.00 Section 9. Liquor and Related License and Permit Fees. Type of Permit Section Description Fee or License Requiring (1) 3.2 Malt Liquor 1202.05 (a) On-Sale 1 Year $ 912.00 (b) Tavern (dance) 1 Year $ 745.00 (c) Wholesale 1 Year $ 44.00 (d) Off-Sale 1 Year $ 264.00 (e) Club (Bottle Club) 1 Year $ 603.00 (f) Temporary per event $ 67.00 (2) Liquor 1202.05 (a) On-Sale 1 Year $ 15,036.00 (b) Sunday (Fee set by state law) 1 Year $ 200.00 (c) Wine 1 Year $ 1,325.00 (d) Veterans' Organization 1 Year $ 863.00 (Ex-Sunday) (e) Temporary per event $ 137.00 Page 18 1 ` ` (3) Employee License On- 1208.01 Effective 10/1/95 all licenses issued shall be $ 37.00 Sale Liquor Establishments valid for a period of two Years from the date of initial application (4) Investigation Fee 1202.01— (a) On-Sale liquor including Veterans' $ 824.00 1202.21 Organization and each person shown on application or actual $ 247.00 costs in excess of above Each additional investigation for each person $ 457.00 not listed on original or renewal application 1202.11 (b) Wine-Original Application Initial Fee or $ 3,487.00 actual costs in excess of above with total fee not to exceed Renewal Application Fee $ 103.00 Additional Investigation under 1202.11 Subd. $ 203.00 3a 1202.11 Investigation of substitute manager $ 103.00 Section 10. Housing Inspection and Rental License Fees. Type of Permit Section Description Fee or License Requiring { (1) License for 405 (a) Apartment House 1 Year $ 140.00 Apartment Houses and Rental Homes Each unit $ 14.00 (b) Rental Home -single family dwelling 1 Year $ 140.00 (c) Duplexes/double bungalows/townhouses First unit 1 Year $ 140.00 Page 19 13 '312 Each additional rental unit 1 Year $ 85.00 (d) Late Fee $ 50.00 (e) License Transfer Fee $ 40.00 (f) Reinstatement of suspended license 50%of license fee (minimum $80.00) (g) Reinstatement of Revoked license 100%of license fee (h) Re-Inspection Fee 1. multi-family $80.00 ea. 2. single family&duplex $50.00 ea. (Inspection over standard 2 inspections) Reinspection fees shall be payable at the time of license renewal and no renewal license shall be issued unless all inspection fees are paid (i) Provisional license for apartment house $ 280.00 Includes first unit Each additional unit $ 30.00 Provisional license for Rental 1 Year $ 280.00 Home—single family dwelling Provisional license for duplex $ 280.00 First unit Each additional unit $ 170.00 Page 20 (j) Investigation fee for operating a rental property $ 200.00 without a license (2) Certificate of 405.26 Single family home (includes one reinspection) $ 150.00 Housing maintenance Compliance 2-family home (includes one reinspection) $ 230.00 Condominium (includes one reinspection) $ 100.00 Reinspection Fee $ 50.00 Fee to process cash escrow agreement $ 50.00 Fee to process Agreement to Comply $ 50.00 (3) Permit Fee for 405.19 1 Year $ 170.00 Rooming House Section 11. Miscellaneous Fees. Type of Permit Section Description Fee or License Requiring (1) Permit to 1190 In motel for more than six Months $ 17.00 reside (2) Permit to Permit Issued By County Carry a Gun (3) False Alarms (a) in excess of 2 for calendar Year $ 100.00 (billable) (b) in excess of 10 for calendar Year $ 200.00 (c) in excess of 20 for calendar Year $ 300.00 (4) Nuisance 925 Third call to a property for nuisance conduct within a $ 250.00 Page 21 ) 3- 35 Conduct Fee 365-day period (5) Copying Flat rate (per page) $ .25 Services Provided Special rate (a) Black&White Photocopy rate 8.5 x 11 (per side) $ .25 8.5 x 14 (per side) $ .25 MN Statute 13.03C 11 x 17 (each) $ .50 24 x 36 (each) $ 2.50 X-large $ 2.50 Color Photocopy rate 8.5 x 11 (per side) $ 1.00 8.5 x 14 (per side) $ 2.00 11 x 17 (each) $ 4.00 24 x 36 (each) $ 18.00 X-large $ 3.00 sq./ft. (b) Labor hourly wage &33% (c) Postage prevailing rate Page 22 I 3'41C1 (d) Fax per page $ .50 (e) CD of meeting(per CD) $ 5.00 (f) DVD of meeting (per DVD) $ 15.00 (g) Electronic copies (cd or disk) $ 5.00 (h) As builts (per image) $ .50 (6) Notary Fee Fee Set By State (7) Candidate City $ 25.00 Filing Fee Charter 4.04 (8) Photo Fee Includes 2 photos $ 16.00 including tax (9) Assessing Special Abatement for Filing Homestead $ 25.00 Fees Special Assessment Searches -One free property identification number(PID) search per Day - if more than one search per Day (per search) $ 3.00 Special Assessment Search Report - per PID $ 15.00 Creation of New or Special Report - Fees to be based on time and materials to create report - Minimum Fee $ 25.00 Review of Comparable Property Records Page 23 Residential Field Card Report $ .25 -for up to five comparable properties (per copy) Commercial/Industrial/Apartment Field Card Report (per copy) $ 2.00 Certified Card Report $ 3.00 (10) Domestic 120 Registration $ 30.00 Partnership (11) Certified To certify documents i.e. resolutions, ordinances, $ 5.00 copy of various minutes, registration forms, etc. on file (per copy) documents (12) Vacant 925 Single Family Home or Duplex-Vacant less than one Year $ 100.00 Building Registration Fee Single Family Home or Duplex-Vacant one Year or $ 200.00 longer Any other type of property of less than 20,000 square $ 500.00 feet in building size AND less than 1 acres of lot size- Vacant less than one Year Any other type of property of less than 20,000 square $ 1,000.00 feet in building size AND less than 1 acres of lot size- Vacant one Year or longer Any other type of property larger than 20,000 square $ 1,250.00 feet in building size OR more than 1 acres of lot size - Vacant less than one Year Any other type of property larger than 20,000 square $ 2,500.00 feet in building size OR more than 1 acres of lot size- Vacant one year or longer Page 24 9 /4 Section 12. Room and Park Shelter Rental Fees. LOCATION DESCRIPTION FEE FEE CLASSIFICATION Richfield Municipal Bartholomew Room Civic and non-profit $ 50.00/Hr Center groups and governmental agencies Resident $ 60.00/Hr Non-Resident and $300.00/up to 4 Hrs Commercial groups $575.00/up to 8 Hrs Richfield Municipal Heredia Room Civic and non-profit $ 40.00/Hr Center groups and governmental agencies Resident $ 50.00/Hr Non-Resident and $250.00/up to 4 Hrs Commercial groups $475.00/up to 8 Hrs Richfield Municipal Fred Babcock Room Civic and non-profit $ 30.00/Hr Center groups and governmental agencies Resident $ 40.00/Hr Non-Resident and $200.00/up to 4 Hrs Commercial groups $375.00/up to 8 Hrs Richfield Augsburg Room Non-Profit $ 30.00/Hr Community Center Fireside Room Nicollet Room Resident Private $ 35.00/Hr Ruth Johnson Room Non-Resident: Private $ 40.00/Hr Combined Non-Profit $ 54.00/Hr Nicollet/Augsburg or Resident: Private $ 67.00/Hr Page 25 13° Richfield Room Non-Resident: Private $ 78.00/Hr Kitchen All Renters $ 27.00/booking Free with combined Nicollet/Augsburg room rental Wood Lake Nature Auditorium Non-Profit $ 32.00/Hr Center Resident: Private $ 42.00/Hr Non-Resident: Private $ 47.00/Hr Augsburg Park Park Buildings Resident $ 26.00/Hr Christian Park (depending on Donaldson Park- availability) East Non-Resident $ 31.00/Hr Jefferson Park Madison Park Taft Park-North & South Washington Parks Fairwood Park Open Picnic Shelters Resident $ 35.00/6 hour block Monroe Park • Augsburg Park Non-Resident $ 40.00/6 hour block Sheridan Park Open Picnic Shelter Resident $105.00/6 hour block Non-Resident $125.00/6 hour block Veterans Park Open Picnic Shelter Resident Day:4-Hour 1 Section: $101.00 Block 2 Sections: $179.00 3 Sections: $250.00 Resident Evening: 3- 1 Section: $ 75.00 Hour Block 2 Sections: $132.00 3 Sections: $189.00 Page 26 Non-Resident Day:4- 1 Section: $106.00 Hour Block 2 Sections: $185.00 3 Sections: $257.00 Non-Resident Evening: 1 Section: $ 81.00 3-Hour Block 2 Sections: $139.00 3 Sections: $196.00 Athletic Fields Premium Baseball Fields Donaldson, Roosevelt Resident $ 36.00/hr $160.00/day(first 8 hrs) Non-Resident $ 56.00/hr $265.00/day(first 8 hrs) Premium Softball Fields Lincoln,Taft Resident $ 21.00/hr $110.00/day(first 8 hrs) Non-Resident $ 31.00/hr $160.00/day(first 8 hrs) General Baseball/Softball All other Fields baseball/softball fields Resident $ 16.00/hr $80.00/day (first 8 hrs) Non-Resident $ 31.00/hr $160.00/day(first 8 hrs) Soccer/Football Fields Christian, Donaldson, Taft, Washington Resident $ 46.00/hr $250.00/day(6 hrs max) Page 27 Non-Resident $ 67.00/hr $360.00/day(6 hrs max) Broomball/Hockey All broomball/hockey rinks Resident $ 15.00/hr Rink Non-Resident $ 16.00/hr Tennis Courts All parks Resident $ 5.00/court/hr Non-Resident $ 6.00/court/hr Open Space All parks Resident $ 11.00/hr Non-Resident $ 12.00/hr Athletic.Facility Softball field, baseball field, All renters $ 26.00/hr Light Use soccer field,football field, hockey rink, tennis complex Passed by the City Council of the City of Richfield this 10th day of December, 2013. Debbie Goettel Mayor ATTEST: Nancy Gibbs City Clerk Page 28 RESOLUTION NO. RESOLUTION RELATING TO THE 2014 GENERAL SERVICES SALARY COMPENSATION PLAN WHEREAS, the compensation personnel policy of the City of Richfield provides for the adoption of a pay plan for General Services employees from time-to-time, and WHEREAS, the City administration has prepared a 2014 pay plan for position classifications for General Services employees. The City Manager is authorized to add or reclassify positions as necessary. Examples of positions in each pay grade are attached. NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the year 2014 the following pay plan, which is to be effective the first full pay period of January 2014, and subject to all applicable provisions of the personnel policy and City Code: Effective the first full pay period of January 2014 STEP 1 2 3 4 5 6 RANGE GS1 YR 35,318.40 37,252.80 39,291.20 41,620.80 42,868.80 MO 2,943.20 3,104.40 3,274.27 3,468.40 3,572.40 BW 1,358.40 1,432.80 1,511.20 1,600.80 1,648.80 HR 16.98 17.91 18.89 20.01 20.61 GS2 YR 38,584.00 40,435.20 42,494.40 44,678.40 46,904.00 MO 3,215.33 3,369.60 3,541.20 3,723.20 3,908.67 BW 1,484.00 1,555.20 1,634.40 1,718.40 1,804.00 HR 18.55 19.44 20.43 21.48 22.55 GS3 YR 40,435.20 42,494.40 44,740.80 46,904.00 49,233.60 51,958.40 MO 3,369.60 3,541.20 3,728.40 3,908.67 4,102.80 4,329.87 BW 1,555.20 1,634.40 1,720.80 1,804.00 1,893.60 1,998.40 HR 19.44 20.43 21.51 22.55 23.67 24.98 GS3E YR 43,492.80 45,676.80 48,110.40 50,440.00 52,915.20 55,889.60 MO 3,624.40 3,806.40 4,009.20 4,203.33 4,409.60 4,657.47 BW 1,672.80 1,756.80 1,850.40 1,940.00 2,035.20 2,149.60 HR 20.91 21.96 23.13 24.25 25.44 26.87 GS4 YR 44,740.80 46,904.00 49,316.80 51,812.80 54,371.20 57,241.60 MO 3,728.40 3,908.67 4,109.73 4,317.73 4,530.93 4,770.13 BW 1,720.80 1,804.00 1,896.80 1,992.80 2,091.20 2,201.60 HR 21.51 22.55 23.71 24.91 26.14 27.52 GS4SNE YR 48,068.80 50,398.40 52,998.40 55,681.60 58,468.80 61,422.40 MO 4,005.73 4,199.87 4,416.53 4,640.13 4,872.40 5,118.53 BW 1,848.80 1,938.40 2,038.40 2,141.60 2,248.80 2,362.40 HR 23.11 24.23 25.48 26.77 28.11 29.53 GS5 YR 49,316.80 51,812.80 54,371.20 57,241.60 60,070.40 63,107.20 MO 4,109.73 4,317.73 4,530.93 4,770.13 5,005.87 5,258.93 BW 1,896.80 1,992.80 2,091.20 2,201.60 2,310.40 2,427.20 HR 23.71 24.91 26.14 27.52 28.88 30.34 GS5E YR 52,998.40 55,681.60 58,427.20 61,422.40 64,480.00 68,099.20 MO 4,416.53 4,640.13 4,868.93 5,118.53 5,373.33 5,674.93 BW 2,038.40 2,141.60 2,247.20 2,362.40 2,480.00 2,619.20 HR 25.48 26.77 28.09 29.53 31.00 32.74 GS6 YR 54,371.20 57,241.60 60,070.40 63,107.20 66,310.40 73,112.00 MO 4,530.93 4,770.13 5,005.87 5,258.93 5,525.87 6,092.67 BW 2,091.20 2,201.60 2,310.40 2,427.20 2,550.40 2,812.00 HR 26.14 27.52 28.88 30.34 31.88 35.15 GS6E YR 58,427.20 61,422.40 64,500.80 67,766.40 71,156.80 78,582.40 MO 4,868.93 5,118.53 5,375.07 5,647.20 5,929.73 6,548.53 BW 2,247.20 2,362.40 2,480.80 2,606.40 2,736.80 3,022.40 HR 28.09 29.53 31.01 32.58 34.21 37.78 a. Step 1 - Start b. Step 2 - One year from anniversary date. c. Step 3 - One year since last increase. If an employee is rated Needs Improvement, the employee may not advance to Step 3 until performance is rated Satisfactory or higher. d. Step 4 - One year since last increase. If an employee is rated Needs Improvement, the employee may not advance to Step 4 until performance is rated Satisfactory or higher. e. Step 5 - One year since last increase. An employee must achieve a Satisfactory rating or better in all areas of responsibility before advancing to Step 5. f. Step 6 - One year since last increase. An employee must achieve a Satisfactory rating or better in all areas of responsibility before advancing to Step 6. Employees whose competency level and/or performance are rated Unsatisfactory may not advance to the next step until their performance improves. Passed by the City Council of the City of Richfield, Minnesota this 10th day of December 2013. Debbie Goettel Mayor ATTEST: Nancy Gibbs City Clerk (Revised 12-2013) ti GENERAL SERVICES POSITION CLASSIFICATION STRUCTURE GRADE POSITION TITLES CLASS 1 Office Aide Non-Exempt Data Entry Operator Non-Exempt Switchboard-Receptionist Non-Exempt 2 Community Development Technician Non-Exempt Community Service Officer Non-Exempt Custodian Non-Exempt Investigative Clerk Non-Exempt Lead Liquor Clerk Non-Exempt Licensing Clerk Non-Exempt Planning Technician Non-Exempt Police Cadet Non-Exempt Senior Office Aide Non-Exempt 3 Accounting Clerk Non-Exempt Community Development Assistant Non-Exempt Deputy City Clerk Non-Exempt Facility Operations Assistant Non-Exempt Environmental Health Specialist Non-Exempt Lead Licensing Clerk Non-Exempt Leased Housing Assistant Non-Exempt Secretary Non-Exempt Utility Billing Clerk Non-Exempt 3E Assistant Liquor Store Manager Exempt 4 Administrative Aide Non-Exempt Assessment Clerk Non-Exempt Information Technologies Help Desk Technician Non-Exempt Records Technician Non-Exempt 4SNE Administrative Aide (Closed as of 1-1-12) Non-Exempt 5 Engineering Technician Non-Exempt GIS Analyst/IT Technician Non-Exempt Housing Specialist Part-time Non-Exempt Information Technologies Technician Non-Exempt Recreation Supervisor Part-time Non-Exempt 5E Code Compliance Specialist Exempt Crime Prevention Program Coordinator Exempt Economic Development Coordinator Exempt Executive Coordinator Exempt Media Coordinator Exempt Multifamily Housing Program Coordinator Exempt Natural Resources Coordinator Exempt Naturalist Exempt Payroll Accountant Exempt Records Supervisor Exempt Recreation Supervisor Exempt 6 Civil Engineer Non-Exempt Network Administrator Non-Exempt Project Civil Engineer Non-Exempt Trade/Building Inspector or Trade/Electrical Inspector Non-Exempt 6E Accountant Exempt Community Development Accountant Exempt 13°41C RESOLUTION NO. RESOLUTION RELATING TO THE 2014 MANAGEMENT SALARY COMPENSATION PLAN WHEREAS, the compensation personnel policy of the City of Richfield provides for the adoption of a pay plan for Management employees from time-to-time; and WHEREAS, the City administration has prepared a 2014 pay plan for position classifications for Management employees. The City Manager is authorized to add or reclassify positions as necessary. Examples of positions in each pay grade are attached. NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the year 2014 the following pay plan, which is to be effective the first full pay period of January 2014, and subject to all applicable provisions of the personnel policy and City Code: MANAGEMENT COMPENSATION PLAN PAY GRADE MINIMUM MID-RANGE MAXIMUM M-L YR 57,532.80 65,707.20 73,798.40 MO 4,794.40 5,475.60 6,149.87 BW 2,212.80 2,527.20 2,838.40 HR 27.66 31.59 35.48 M-1 YR 65,769.60 75,212.80 84,552.00 MO 5,480.80 6,267.73 7,046.00 BW 2,529.60 2,892.80 3,252.00 HR 31.62 36.16 40.65 M-2 YR 74,880.00 85,571.20 96,304.00 MO 6,240.00 7,130.93 8,025.33 BW 2,880.00 3,291.20 3,704.00 HR 36.00 41.14 46.30 M-3 YR 81,619.20 93,288.00 104,915.20 MO 6,801.60 7,774.00 8,742.93 BW 3,139.20 3,588.00 4,035.20 HR 39.24 44.85 50.44 M-4L YR 85,508.80 97,697.60 109,907.20 MO 7,125.73 8,141.47 9,158.93 BW 3,288.80 3,757.60 4,227.20 HR 41.11 46.97 52.84 M-4 YR 90,001.60 102,793.60 115,627.20 MO 7,500.13 8,566.13 9,635.60 BW 3,461.60 3,953.60 4,447.20 HR 43.27 49.42 55.59 M-5 YR 100,526.40 114,878.40 129,251.20 MO 8,377.20 9,573.20 10,770.93 BW 3,866.40 4,418.40 4,971.20 HR 48.33 55.23 62.14 Art 44 c + O -N = a) L C6 1= 7E U O O E "0 U C f6 c L = Z c cu O '3 C _ ff {'' ,_"", O ca O a a ' - a) N 0 O U C (� Co ' m = E 0 co 0 o al .� O a) `C CZ 0 N c c 0- L o "',— a' cei os Et(/) To• . tO N N Oj, a O > CU 0 W .9 0 U O > _ �, a) > .9 O .a N 2 CU '0 co U � > 0 LC) Z N L 'O a) O W co - N _ O — (' p c E a) E Q Co co O a) E > Lt C Z O a) E a O QN O } — > r M O () o - . 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E 0 < o z Q Z MANAGEMENT POSITION CLASSIFICATION STRUCTURE GRADE POSITION TITLES CLASS M-L Liquor Store Manager Exempt M-1 Assistant HR Manager Exempt City Clerk Exempt Facility/Program Manager Exempt Planner Exempt Utilities Supervisor Exempt Support Services Supervisor Exempt M-2 Assistant Utility Superintendent Exempt Chief Building Official Exempt Community Development Manager Exempt Information Technologies Manager Exempt Operations Manager Exempt (Parks/Fleet, Gov't Buildings) Transportation Engineer Exempt M-3 Assistant Fire Chief Exempt Assistant Public Works Director/City Exempt Engineer Housing & Redevelopment Manager/ Exempt Assistant Community Development Director Operations Superintendent Exempt Utilities Superintendent Exempt M-4L Liquor Operations Director Exempt M-4 Assistant City Manager/HR Manager Exempt Deputy Public Safety Director Exempt Finance Manager Exempt M-5 Department Director Exempt (Rev. 12-13) i1)/6 RESOLUTION NO. RESOLUTION RELATING TO THE 2014 SPECIALIZED PAY PLAN WHEREAS, the compensation personnel policy of the City of Richfield provides that the pay grades, the number of steps or range of each pay grade, the compensation rates in each pay grade and the method of normal progression through the pay grade be established by Council resolution; and WHEREAS, the City administration has prepared a 2014 pay plan for the positions for which there are no essentially similar position classification in other regular pay plans. The City Manager is authorized to add or reclassify positions as necessary. Examples of positions in each pay grade are attached. NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the year 2014 the following pay plan which is to be effective the first full pay period of January 2014 and subject to the provisions of the personnel policy and City Code: EFFECTIVE THE FIRST FULL PAY PERIOD OF JAN 2014 SPECIALIZED PAY PLAN INTERMITTENT AND Pay Grade Step 1 Step 2 Step 3 Step 4 SP1-E/NE HR 7.49 7.92 8.23 8.65 SP2-E/NE HR 8.30 8.69 9.11 9.56 SP3-E/NE HR 8.95 9.37 9.87 10.36 S P4-E/N E HR 9.66 10.17 10.66 11.19 SP5-E/NE HR 10.41 10.99 11.48 12.08 SP6-E/NE HR 11.29 11.86 12.42 13.06 SP7-E/NE HR 12.17 12.78 13.41 14.07 SP8-E/NE HR 13.14 13.81 14.48 15.21 SP9-E/NE HR 14.20 14.93 15.63 16.42 SP10-E/NE HR 15.37 16.11 16.94 17.80 SP11-E/NE HR 16.51 17.40 18.27 19.16 SP12-E/NE HR 17.91 18.75 19.68 20.72 SP13-E/NE HR 19.18 20.21 21.25 22.34 VAC1 Normal Progression Through the Specialized Pay Plan Individual employees will be eligible to received increases to the next higher-grade step based on individual performance and the following progression: Step 1 - Start Step 2 — Minimum 500 hours worked per year from anniversary start date or two years from anniversary date Step 3 — Minimum 500 hours worked per year from anniversary date or two years from last increase. Step 4 — Minimum 500 hours worked per year from anniversary date or two years from last increase Passed by the City Council of the City of Richfield, Minnesota this 10th day of December 2013. Debbie Goettel Mayor ATTEST: Nancy Gibbs City Clerk `3° 1 E Cross Walk Attendant 9 NE Community Development Tech. E Student Intern NE Administrative Services Clerk E Pool Supervisor 2 NE Video Production Assistant 3 NE Bike Patrol Officer 10 NE Engineering Aide E Facility Rental Attendant NE Winter Sports Attendant 11 NE Community Relations Coordinator E Cashier/Concession 12 E Pool Coordinator 4 NE Dance Coordinator & Skate 13 NE Utility Billing Assistant Coordinator NE Recreation Attendant Instructors NE Building Inspector 5 NE Custodian NE Figure Skating NE Professional Intern NE Hockey (Arena) NE Survey Crew Person NE Housing & Redevelopment Tech. NE Adaptive Leader/Specialist NE Sports Official NE Lead Concession NE _ Substitute Naturalist NE Teen Leader NE Dance E Lifeguard E Cross Country Ski E Outdoor Skating/Warming House E Hockey (outside) Supv E Tennis E Playground Leader E WSI 6 NE Receptionist OTHER NE Liquor Sales Associate Instructor's Range: $5.75 - $50 NE Building Attendant Election Judge $10.00 Election Co-Chair $12.00 7 NE Accounting Clerk Election Chairperson $13.00 NE Construction Specialist NE Housing Intern NE=Non-Exempt, may work up to 40 NE Ice Resurfacer hours per week without overtime pay. NE Maintenance Laborer E-Exempt may work up to 48 hours per NE Naturalist I week without overtime pay. All Pool positions are exempt from overtime,even Concessions. All Playground and outdoor Rink positions are exempt. All Community Center,Wood Lake Nature Center, Ice Arena 8 NE Adaptive Coordinator and Maintenance positions are non-exempt. NE Clerk Typist - Int. & Substitute (Revised 12-13 NE Construction Ins ector NE Farmers Market Coordinator NE Publication Supervisor NE Teen Coordinator E Maintenance Technician E Playground Coordinator E Tennis Coordinator E Summer Food Program Coord.