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011414CompleteAgenda CITY OF RICHFIELD, MINNESOTA , TUESDAY, JANUARY 14, 2014 ******************************************************************************************************* SPECIAL CITY COUNCIL WORKSESSION BARTHOLOMEW ROOM 6:00 P.M. AGENDA Call to order Roll call (Worksession discussion times are approximate) 6:00 - 6:25 p.m. 1. Discussion regarding the Lyndale Avenue pedestrian improvements (Council Memo No. 1) Notes: Adjournment ******************************************************************************************************* SPECIAL CITY COUNCIL WORKSESSION COUNCIL CHAMBERS 6:25 P.M. AGENDA Call to order Roll call (Worksession discussion times are approximafe) 6:25 - 6:55 p.m. 1. Discussion of the process for retrieving electronic agenda packets (Council Memo No. 2) Notes: Adjournment ********************************************************************************************************* REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll cail 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 December 10, 2013 and (2) Regular City Council Meeting of December 10, 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 cancelling the public hearing regarding the establishment of a proposed property tax abatement for the City of Richfield Ice Arena bonding refunding and expansion project S.R. No. 1 B. Consideration of the approval of the resolutions designating the official depositories for the City of Richfield for 2014, including the approval of collateral S.R: No. 2 C. Consideration of the approval of a resolution designating the Richfield Sun-Current as the official newspaper for the City of Richfield for 2014 S.R. No. 3 D. Consideration of the approval of designating the Assistant City Manager or an available Department Director as Acting City Manager for 2014 in the event the City Manager is absent from the City S.R. No. 4 E. Consideration of approval of a resolution regarding attendance by the City Council at City Council Meetings in 2014 S.R. No. 5 F. Consideration of the approval of a resolution authorizing the use of City credit cards by City employees otherwise authorized to make purchases on behalf of the City S.R. No. 6 G. Consideration of the approval of a resolution authorizing the City of Richfield's participation in Hennepin County's 2014 economic development initiative Open to Business and approving a contract with the Metropolitan Consortium of Community Developers S.R. No. 7 ' H. Consideration of the approval of the first reading of an ordinance amendment to the Richfield City Code Appendix D (Fee Schedule) and schedule a public hearing and second reading for January 28, 2014 S.R. No. 8 I. Consideration of the approval of a resolution denying a subdivision waiver for 7215 Logan Avenue (3 Iots) S.R. No. 9 J. Consideration of the approval of a resolution granting a six-month extension of an approved variance allowing the construction of an addition to the home at 6800 Upton Avenue S.R. No. 10 K. Consideration of the approval of a resolution authorizing the Source Water Protection Grant agreement between the City of Richfield and the Minnesota Department of Health S.R. No. 11 L. Consideration of the approval of a one-year amendment to the 2009-2013 Master Grant Contract from the State of Minnesota, Department of Health for the calendar year 2014 designed to administratively simplify the review of grant agreements of local public health agencies S.R. No. 12 M. Consideration of the approval of a resolution appointing Health Administrator Osborn ' as the Board of Health (City Council) agent on matters relating to the Minnesota Department of Health as it relates to Richfield's Local Public Health grant S.R. No. 13 Notes: 4. Consideration of item(s), if any, removed from Consent Calendar Notes: PUBLIC HEARINGS 5. Public hearing regarding a resolution granting approval of a site plan for a day care serving up to 38 children at 6949 Nicollet Avenue Staff Report No. 14 Notes 6. Public hearing regarding a resolution granting final approval of a preliminary and final plat for 6401 Penn Avenue (Fire Station 2) Staff Report No. 15 Notes: RESOLUTIONS 7. Consideration of a resolution granting a subdivision waiver allowing the division of 7215 Logan Avenue into two 75-foot wide fots for the construction of new single-family homes StafF Report No. 16 Notes: � 8. Consideration of a resolution calling for a public hearing on February 25, 2014 for the: • Modification to the redevelopment Plan for the Richfield Redevelopment Project Area; and • Proposed establishment of the 2014-1 (City Garage site) Redevelopment Tax Increment Financing District; and • Adoption of the associated Tax Increment Financing Plan Staff Report No. 17 Notes: 9. Consideration of a resolution designating buildings (associated with the former City Garage facilities and former Gleason's Mortuary) as structurally substandard within the Richfield Redevelopment Project Area and authorizing their demolition Staff Report No. 18 Notes: 10.Consideration of a resolution authorizing an Interfund Loan for the advance of certain costs in connection with the proposed Tax Increment Financing District 2014-1 Staff Report No. 19 Notes: 11.Consideration of a resolution approving the contract with the Police Supervisors LELS Local 162 for the contract period January 1, 2014 through December 31, 2015 Staff Report No. 20 Notes: OTHER BUSINESS 12.Consideration of designating the City Council liaison appointments for 2014 to various metropolitan agencies and City commissions Staff Report No. 21 Notes: 13.Consideration of designating the City Council attendance at the 2014 National League of Cities conferences Staff Report No. 22 Notes: 14.Consideration of designating the Mayor Pro Tempore for 2014 Staff Report No. 23 Notes: CITY MANAGER'S REPORT 15.City Manager's Report Notes: 16.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: 17.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 ,I January 9, 2014 Council Memorandum No. 1 The Honorable Mayor and Members of the City Council Subject: Lyndale Avenue Pedestrian Improvements (Worksession Agenda Item No. 1) Council Members: At the January 14, 2014 City Council worksession, staff and City consultant will present the following regarding a proposed Lyndale Avenue Pedestrian Improvement Project: (1) Project background (2) Preliminary design concept (3) Feedback from the Transportation Commission and the public on the proposed improvements. The purpose of this meeting is to ensure the Council is prepared to consider the project at a later regular City Council meeting. The purpose of the project is to: • Improve pedestrian safety at the intersection of 64t" Street and Lyndale Avenue • Explore ways to implement recommendations from the Lakes at Lyndale Connectivity Plan. Please contact Mike Eastling, Public Works Director, at 612-861-9792 with questions. R ully subm' ted, S . " Cit Manager SLD:cak Email: Department Directors Assistant City Manager CITY OF RICHFIELD, MINNESOTA Office of City Manager January 9, 2014 Council Memorandum No. 2 The Honorable Mayor and Members of the City Council Subject: Process for Retrieving Electronic Agenda Packets (Worksession Agenda Item No. 1) Council Members: The start of the new year coincides with the implementation our paperless agenda packet system. The City's plan to move to electronic agenda packets not only promotes sustainability but also provides significant savings in production costs. This memo explains the process to be used to access your January meeting agenda packet and all future packets, as well as outlines upcoming training in the Council Chambers. Accessing agenda packets from home 1. By 4:30 p.m. on the Thursday prior to the following week's City Council meeting, Council Members will receive an email indicating the agenda packet has been posted on the City's intranet site, RichNet, and available for you to access. Any memos for the week will also be attached to this email announcement. 2. The email will contain a hyperlink to RichNet. A hyperlink is a direct connection to the RichNet site. Click on the highlighted hyperlink and it will take you right to your login page. 3. Enter your login information. You will be receiving an email with the City Council's login and password. The Council's login will not only provide you access to City Council agenda packets, but also to the HRA agenda packet. (*If you serve on both the City Council and HRA, you need only use your Council login information to access both agendas. Do not worry about remembering the HRA password). 4. After logging in, select your agenda packet from the left menu bar and your packet will be available to view. 5. If you wish to print out the agenda packet or portions of the packet, select "File" from the top tabs bar and click "Print." • Training At 6:25 p.m., prior to the January 14, 2014 Citv Council meetinq, staff will be providing a half hour training in the Council Chambers with hands-on instructions on how to navigate through the agenda packet on the computers at the dais. You will also become familiar with the changes to the toggle, which can switch you back and forth from the PC (showing your agenda packet) and the monitor (showing what is being displayed at the podium). In order to transition into the new system, staff will still be providing paper packets in January for redundancy. Staff is also available to answer any questions or assist with any problems you encounter. Please contact Media Coordinator, Lucas Johnson, at 612-861-9716 or the IT Help Desk at 612-861-9745. Re ctf y submitt , . Dev h City anager SLD:pd Attachment Email: Department Directors Assistant City Manager City Clerk Media Coordinator _. . _ �,.. . i �., � �o��,.�.� _„�. . __��_ ,,._. �F „ ,� , . MOR6. 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This wlll take you to CounciAgeraas cMP�ovEEs �• HRAAgenaas � - Gi7 q°:�._t:�..,�,a. ,,..�c.e,cv �4P;-: �/D�IC 8g21� a paC et$ ' ' � cian��a,�ce°ea� RICH�IID ER,1Pl6YFF NcTV✓ORK `.�_� access. `�'""'" ��; ih?i::.�,�A EVENTS - ,- J ary 15.2011 - � ft � F o�� �� �_ � t. - P g ' L �s �,•� ... ....z �.:__ . . -� '" �-- ,:F1-�'� � g T .. �' E...- \.'..- ,��� J miiary 15.201a � _'-C �.M .et'hbo:c A:e 'd R�=�s mYc::r=�.,- .. �.er.. _.: crt .. ..._ . . .. . 6 .�Lc.� To print the agenda, hover over and click the print icon in the lower right hand corner. �,,,u.y You can also right-click �.,,,,�',aa`�-�"��-A^���e�-�—�-b� ..�.�A°�<,��°:���.��:~� on the document and "� print. �.��»>.�, ------- �a�sae.�.....,ac.ti�sapAa co�v��,..,.�wuo.r,o.n m�3 � o«�ca�a.�.�icnco�—� .,�r�...�vco,�,...�o,�ws.w..ma � No.r+w':5.Jf:131 Py�*C�y Cami Men��c!No�e+e.w]fi..YriJ vN(41 Spru+� C.�CcurlM�..C�f._� .v...��u•R..�....-�.�.] You can also select "File"from the top tabs and print. CITY COUNCIL MINUTES Richfield, Minnesota � ' � � � Special City Council Worksession December 10, 2013 CALL TO ORDER The meeting was called to order by Mayor Goettel at 6:30 p.m. in the Bartholomew Room. ROLL CALL Council Members Debbie Goettel, Mayor, Pat Elliott; Edwina Garcia, Sue Sandahl and Tom Present: Fitzhenry. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Pam Dmytrenko, Assistant City Manager; Robert Hintgen, Utilities Superintendent; and Cheryl Krumholz, Executive Coordinator. Item # I PRESENTATION ON THE ULI REGIONAL INDICATORS INITIATIVE (COUNCIL MEMO NO. 115) Rick Carter, Senior Vice President of LHB, Inc. and initiative project manager, made a presentation about the ULI Regional Indicators project and an analysis of the data. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:55 p.m. Date Approved: January 14, 2014 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota � ' � ' � Regular Meeting December 10, 2013 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:01 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Pat Elliott; Edwina Garcia; Sue Sandahl; 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; Todd Sandell, Public Safety Director; Chris Regis, Finance Manager; Mary Tietjen, City Attorney; and Cheryl Krumholz, Executive Coordinator. ' OPEN FORUM None. PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Fitzhenry, S/Garcia to approve the minutes of the (1) Special Citv Council Worksession of November 26, 2013: (2) Special Concurrent Citv Council, HRA and Planninq Commission Worksession of November 26. 2013; (3) Reqular Citv Council Meetina of November 26 2013• and L4� Special Citv Council Meetina (Truth-in-Taxation) of December 3. 2013. Motion carried 5-0. Item#1 COUNCIL DISCUSSION • Hats Off to Hometown Hits Council Member Elliott announced the Richfield New Year's Eve Gala at the American Legion. Council Member Garcia announced the Penn Central Meeting at Hope Silver Spoon and that Congressman Keith Ellison will be attending. Council Member Garcia announced the open house on December 11 at the Academy of Holy Angels regarding their proposed Campus Master Plan. Mayor Goettel announced the open house on December 12 regarding the Lyndale Avenue pedestrian amenities at Lakes at Lyndale. Council Member Sandahl announced the Winter Family Event on December 21 at the Lyndale Gardens site. Council Member Fitzhenry recognized the Richfield dispatchers and the service provided to the City. Item#2 COUNCIL APPROVAL OF AGENDA Mayor Goettel requested the agenda be amended to include Item 2A regarding the awarding of the Richfield Foundation grants. M/Fitzhenry, S/Garcia to approve the amended a,eca nda. Motion carried 5-0. Item #2A PRESENTATION OF RICHFIELD FOUNDATION GRANTS Steve Quam, Richfield Foundation Chair, awarded grants to 11 recipients. Item #3 CONSENT CALENDAR 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 RESOLUTION NO. 10862 RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED PROPERTY TAX ABATEMENTS FOR THE CITY OF RICHFIELD'S ICE ARENA PROJECT This resolution appears as Resolution No. 10862. 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 RESOLUTION NO. 10863 DECLARING THE OFFICIAL INTENT OF THE CITY OF RICHFIELD TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS F BONDS TO BE ISSUED BY THE CITY This resolution appears as Resolution No. 10863. 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 RESOLUTION NO. 10864 RESOLUTION APPROVING AN AMENDMENT TO THE REGULATORY AGREEMENT RELATED TO CONDUIT BONDS ISSUED FOR THE BENEFIT OF WOODLAKE RICHFIELD APARTMENTS, LLC This resolution appears as Resolution No. 10864. D. Consideration of the approval of the quotes/tabulation and award of contract to Afl Metro Excavating, Inc. for the Richfield Parkway (17`h 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 RESOLUTION NO. 10865 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 This resolution appears as Resolution No. 10865. 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 RESOLUTION NO. 10866 RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO BE A PARTY TO MINNESOTA WATER AGENCY RESPONSE NETWORK (MnWARN) This resolution appears as Resolution No. 10866. 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 RESOLUTION NO. 10867 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 This resolution appears as Resolution No. 10867. 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 RESOLUTION NO. 10868 RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE DEPARTMENT TO ACCEPT DONATIONS FROM THE LISTED AGENCIES, BUSINESSES AND PRIVATE INDIVIDUALS FOR DESIGNATED USES This resolution appears as Resolution No. 10868. 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 Lipuor License to Operate in Richfield Aldi Foods—Off-Sale A New Star Taxi & Limousine Service—6 Champps (Ice Arena location)— vehicles On-Sale Airport Taxi—6 vehicles Davanni's—On-Sale American Travel—6 vehicles EI Jalapeno—Off-Sale Continental Taxi, LLC—5 vehicles Portland Food Mart—Off-Sale Gold Star Taxi —20 vehicles RBF Corporation of Wisconsin Latino Americano Express (Express Taxi)— (Rainbow Foods)—Off-Sale 7 vehicles Richfield U.S. (gas station 67th/Penn) - Latino Express—6 vehicles Off-Sale Suburban Taxi —5 vehicles Sandy's Tavern —On-Sale 10-10 Taxi— 10 vehicles SuperAmerica#4186—Off-Sale Twin Cities Airport Taxi -5 vehicles SuperAmerica#4188—Off-Sale White Star Taxi—3 vehicles SuperAmerica#4191 —Off-Sale SuperAmerica#4615—Off-Sale Target Corporation —Off-Sale Paul's Rentals & Sales—Trailer and Truck Rental Vina Restaurant—On-Sale M/Goettel, S/Elliott to approve the Consent Calendar. Motion carried 5-0. Item#4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Item #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 Council Member Garcia presented Staff Report No. 252. Mark Nichols, Metro Pawn, was available to answer questions. M/Fitzhenry, S/Elliott to close public hearina. Motion carried 5-0. Council Meeting Minutes -5- December 10,2013 M/Garcia, S/Sandahl to approve the renewal of the 2014 Pawnbroker and Secondhand Goods Dealer licenses for Metro Pawn & Gun, Inc., 7529 Lvndale Avenue. Motion carried 5-0. Council Member Garcia presented Staff Report No. 253. ' Andy Strauss, Avi's Pawn and Jewelry, was available to answer questions. M/Fitzhenry, S/Elliott to close public hearinq. Motion carried 5-0. M/Garcia, S/Sandahl to approve the renewal of the 2014 Pawnbroker and Secondhand Goods Dealer licenses for Universitv Cash Company, LLC d/b/a Avi's Pawn and Jewelrv, 6414 Nicollet Avenue. Motion carried 5-0. Item #6 PUBLIC HEARINGS REGARDING 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. MINNEAPOLIS-RICHFIELD AMERICAN LEGION POST 435, 6501 PORTLAND AVENUE S.R. NO. 255 Mayor Fitzhenry presented Staff Reports No. 254 and 255. M/Sandahl, S/Garcia to close public hearinq. Motion carried 5-0. M/Fitzhenry, S/Garcia to approve the renewal of 2014 Club On-Sale and Sundav Liquor Licenses for Fred Babcock V.F.W. Post No. 5555. Inc., d/b/a Four Nickels Food & Drink, 6715 Lake Shore Drive, and Minneapolis-Richfield American Leqion Post 435, 6501 Portland Avenue. Motion carried 5-0. PUBLIC HEARINGS REGARDING 2014 ON-SALE WINE AND 3.2 PERCENT Item#7 MALT LIQUOR LICENSE RENEWALS: � A. CHIPOTLE MEXICAN GRILL OF COLORADO, LLC, D/B/A CHIPOTLE 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 66T" STREET S.R. NO. 258 D. PATRICK'S FRENCH BAKERY, INC. D/B/A PATRICK'S BAKERY 8� CAFE, 2928 WEST 66T" STREET S.R. NO. 259 E. THE NOODLES SHOP CO.-COLORADO, INC., D/B/A NOODLES AND COMPANY, 7630 LYNDALE AVENUE S.R. NO. 260 F. THE NOODLES SHOP CO.-COLORADO, INC., D/B/A NOODLES AND COMPANY, 1732 EAST 66T" STREET S.R. NO. 261 G. JOHN E. POWERS �ASSOCIATES, INC. D/B/A LARIAT LANES, 6320 PENN AVENUE S.R. NO. 262 H. JOY'S PATTAYA THAI RESTAURANT, LLC, 7545 LYNDALE AVENUE Council Meeting Minutes -6- December 10,2013 S.R. NO. 263 Council Member Elliott presented Staff Report Nos. 256 through 263. M/Fitzhenry, S/Sandahl to close public hearinq. Motion carried 5-0. M/Elliott, S/Fitzhenry to_approve the renewal of 2014 On-Sale Wine and 3.2 Percent Malt Liquor Licenses for Chipotle Mexican Grill of Colorado. LLC, 7644 Lvndale Avenue: Thompson's Fireside Pizza, Inc., d/b/a Fireside Pizza, 6736 Penn Avenue; Kianq's Red Pepper, Inc., d/b/a Red Pepper Chinese Restaurant. 2910 West 66th Street: Patrick's French Bakerv, Inc. d/b/a Patrick's Bakery& Cafe, 2928 West 66th Street; The Noodles Shop Co-Colorado, Inc., d/b/a Noodles and Company, 7630 Lvndale Avenue; The Noodles Shop Co-Colorado, Inc., d/b/a Noodles and Companv, 1732 East 66`h Street; John E. Powers &Associates, Inc. d/b/a Lariat Lanes, 6320 Penn Avenue: and Jov's Pattava Thai Restaurant. LLC, 7545 Lvndale Avenue. Motion carried 5-0. Item #8 PUBLIC HEARINGS REGARDING 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 Council Member Sandahl presented Staff Report Nos. 264 through 270. M/Garcia, S/Sandahl to close public hearinp. Motion carried 5-0. M/Sandahl, S/Goettel to approve renewal of the 2014 On-Sale Intoxicatinq and Sundav Liquor Licenses for The Frenchman's, 1400 East 66th Street (includes optional 2 a.m. closing�, Financial Guidance, Inc. d/b/a Four Points bv Sheraton, 7745 Lvndale Avenue: Paisan Incorporated, d/b/a Khan's Mongolian Barbeque, 500 East 78th Street; Wiltshire Restaurants LLC d/b/a Houlihan's Restaurant& Bar, 6601 Lvndale Avenue (includes outside service); Don Pablo's Operatinq, LLC d/b/a Don Pablo's, 980 West 78th Street; Champps Operatinq Corporation d/b/a Champps Americana, 790 West 66th Street�includes optional 2 a.m. closinq• and Pizza Luce VII Inc. d!b/a Pizza Luce. 800 West 66th Street (includes outside service and optional 2 a.m. closiny�. Council Meeting Minutes -7- December 10,2013 Motion carried 5-0. Item #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; 77T" STREET UNDERPASS S.R. NO. 271 Mayor Goettel presented Staff Report No. 271. Public Works Director Eastling read an email from the Legal Real Estate Compliance Manager for Motel 6 stating their objection to the City of Richfield acquiring the motel at this time. Mr. Eastling explained properties are not being acquired at this time but does put the area on notice. The owner of 7600 Cedar Avenue and 7601-18t"Avenue questioned if the entire or partial parcels of his properties were impacted. Mr. Eastling explained the affected parcels are proposed to be total takes. M/Goettel, S/Fitzhenry to close the public hearina. Motion carried 5-0. M/Goettel, S/Sandahl that this constitutes the second readinq of Bill No. 2013-24, amendinq the Richfield Citv Code Section 551 (Zoninq: Official Map)to include Subsection 551 02• 77 Street Underpass, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #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 S.R. NO. 272 Council Member Fitzhenry presented Staff Report No. 272. M/Goettel, S/Fitzhenry to close the public hearinq. Motion carried 5-0. � M/Fitzhenry, S/Sandahl that this constitutes the second readinq of Bill No. 2013-25 modifvinq the electric franchise fee ordinance on Northern States Power d/b/a Xcel Enerqv for providmq electric service within the Citv of Richfield and the second readinq of Bill No 2013-26 modifvinq the qas franchise fee on Centerpoint Enerqv for providinq qas service within the Citv of Richfield, that thev be published in the official newspaper and that thev be made part of these minutes; and that the followinq resolutions be adopted and that thev be made part of these minutes: RESOLUTION NO. 10869 Council Meeting Minutes -8- December 10,2013 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDMENT TO APPENDIX E OF THE RICHFIELD CITY CODE WHICH PERTAINS TO THE FRANCHISE ORDINANCE RESOLUTION NO. 10870 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDMENT TO APPENDIX E OF THE RICHFIELD CITY CODE WHICH PERTAINS TO THE FRANCHISE ORDINANCE Motion carried 5-0. These resolutions appear as Resolutions No. 10869 and 10870. Item #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) S.R. NO. 273 Council Member Elliott presented Staff Report No. 273. M/Sandahl, S/Fitzhenry to ciose the public hearinq. Motion carried 5-0. M/Elliott, S/Goettel that this constitutes the second readina of Bill No. 2013-27. Transitorv Ordinance 18.91 vacatinq a street riaht-of-way easement adiacent to and within the boundaries of 6401 Penn Avenue (Fire Station 2), that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #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 S.R. NO. 274 Council Member Sandahl presented Staff Report No. 274. Community Development Director Stark reported that the Planning Commission approved the 7,000 square foot space. Beth Pfeifer, Cornerstone, exptained it was not their intention to fill the 10,000 square feet with restaurants but rather have that space provide the ability to negotiate and not to continually change the planned unit development. She stated Cornerstone is comfortable with the Planning Commission's decision. Mr. Stark stated that some small PUD changes can be handled at the City staff level. M/Sandahl, S/Goettel that the followinq resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10871 RESOLUTION APPROVING AN AMENDMENT TO A FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT Council Meeting Minutes -9- December 10,2013 AT 6330 AND 6400 LYNDALE AVENUE TO ALLOW UP TO 7,000 SQUARE FEET OF RESTAURANT SPACE Motion carried 5-0. This resolution appears as Resolution No. 10871. Item #13 CONSIDERATION OF THE RESOLUTIONS APPROVING THE 2013 REVISED/2014 PROPOSED BUDGET AND TAX LEVY AND RELATED RESOLUTIONS S.R. NO. 275 Mayor Goettel presented Staff Report No. 275. She stated a Council Memo was distributed that explained if the City Council decided, the tax levy could be reduced from the proposed 1.55% increase if more local government aid (LGA)was used in the 2014 General Fund Budget. She added the reducing of the levy was a political policy question. Myron Franz, Department of Revenue Commissioner, made a presentation regarding the tools for rebuilding the partnership, including LGA, County program aid, township aid increase, property tax refunds, sales tax exemption and school aid increase. He stated he believed this was a sustainable approach. City Manager Devich discussed that the City has maintained a viable stability for the property tax levy so residents are not taxed out of their homes. He reviewed the history of state aid and the gross tax levy history for Richfield. Mayor Goettel stated the City Council's goal has been to keep the tax levy level. Council Member Elliott said the goal was to wean the City off of LGA and wanted to continue the path charter for the past five years. He suggested the LGA be put in a `rainy day'fund for future projects. Council Member Sandahl concurred with Council Member Elliott and added that the City is facing some significant infrastructure issues. Council Member Fitzhenry concurred that the City needed to plan for the future. Mayor Goettel stated the City Council needs to be watching out for its residents and there have been some financially tough few years. Council Member Garcia agreed there have been painful years but expressed optimism that things will improve. Commissioner Franz stated, on a statewide perspective, there may be a concern because LGA was given for property tax relief but respected the City Council's decision. The City Council requested staff to prepare a letter to the Governor expressing their appreciation for the work done and that there was a decrease in property taxes for approximately 84% of Richfield homeowners. M/Goettel, S/Fitzhenry that the followinq resolutions be adopted and that thev be made part of these minutes: RESOLUTION NO. 10873 RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY FOR THE YEAR�014 RESOLUTION NO. 10874 RESOLUTION AUTHORIZING BUDGET REVISIONS Council Meeting Minutes -10- December 10,2013 RESOLUTION NO. 10875 RESOLUTION AUTHORIZING REVISION OF 2013 BUDGET OF VARIOUS DEPARTMENTS RESOLUTION NO. 10876 RESOLUTION AUTHORIZING ADJUSTMENT TO CITY'S MILEAGE REIMBURSEMENT RATE TO CONFORM TO INTERNAL REVENUE SERVICE STATUTORY MILEAGE REIMBURSEIVtENT RATE RESOLUTION NO. 10876 RESOLUTION AUTHORIZING ADJUSTMENT TO CITY'S MILEAGE REIMBURSEMENT RATE TO CONFORM TO INTERNAL REVENUE SERVICE STATUTORY MILEAGE REIMBURSEMENT RATE RESOLUTION NO. 10877 RESOLUTION ADOPTING THE 2014 CAPITAL IMPROVEMENT BUDGET RESO�UTION NO. 10878 RESOLUTION ADOPTING THE 2015-2018 CAPITAL IMPROVEMENT PROGRAM RESOLUTION NO. 10879 RESOLUTION RELATING TO PURCHASING PRACTICES IN THE CITY OF RICHFIELD AMENDING RESOLUTION NO. 10736 RESOLUTION NO. 10880 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 NO. 10881 RESOLUTION ESTABLISHING A PUBLIC WORKS ON-CALL COMPENSATION POLICY RESOLUTION NO. 10882 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 RESOLUTION NO. 10883 RESOLUTION RELATING TO THE 2014 GENERAL SERVICES SALARY COMPENSATION PLAN RESOLUTION NO. 10884 RESOLUTION RELATING TO THE 2014 MANAGEMENT I Council Meeting Minutes -11- December 10,2013 SALARY COMPENSATION PLAN RESOLUTION NO. 10885 RESOLUTION RELATING TO THE 2014 SPECIALIZED PAY PLAN Motion carried 5-0. These resolutions appear as Resolution Nos. 10873 through 10885. Item #14 CITY MANAGER'S REPORT City Manager Devich reported that the transition to Edina 9-1-1 dispatching services has gone well. Item #15 CLAIMS AND PAYROLLS M/Sandahl, S/Fitzhenry that the followinq claims and payrolls be approved: U.S. Bank 12/10/13 A/P Checks: 227065-227386 1,079,268.95 Payroll: 97567 - 97889 $ 557,442.41 TOTAL $ 1,636,711.36 Motion carried 5-0. OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 8:56 p.m. Date Approved: Januarv 14, 2014 Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager AGENDA SECTION: CONSENT AGENDA ITEM# 3A ' RL;PORT# 1 STAFF REPORT , i � CITY COUNCIL MEETING �TANUARY 14, 2014 REPORT PREPARED BY: CHRIS REGIS,FINANCE MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: � SIGNATURE OTHER DEPARTMENT REVIEW: � N/ � ^"""���� �.�, sr aru� REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Cancellation of a public hearing regarding the establishment of a proposed tax abatement for Ice Arena bond refunding and expansion. I. RECOMMENDED ACTION: By Motion: Cancel the public hearing to consider a proposed pro ert tax abatement for the Cit of Richfield's Ice Arena ro'ect. II. �EXECUTIVE SUMMARY With the Richfield Ice now being the home of the Minnesota Magicians, a Tier II Junior A hockey team, certain building improvements are warranted at the Ice Arena, including a dedicated locker room for the team, a training facility, lobby expansion, and exhibit area/classrooms. These improvements will not only benefit the Minnesota Magicians, but other users as well. At this time, the City Council has approved the construction of a dedicated locker room improvement which is underway for the team at a cost of approximately $539,500. However, staff is recommending that further study be done regarding cost and funding of the other improvements, and estimates of additional revenue generated to fund the remaining improvements. As a result, staff is recommending the cancelation of the public hearing at this time. III. BASIS OF RECOMMENDATION i A. BACKGROUND • The City Council approved the awarding of a contract to Derau Construction for the construction of a dedicated locker room for the Minnesota Magicians at the November 12, 2013 City Council meeting. • The funding of the locker room addition will be from a fifteen year lease with the Minnesota Magicians, with annual lease payments estimated to be $53,000. B. POLICY • Notice of this public hearing has not been published, but the calling for the public hearing was approved at the December 10, 2013 City Council meeting, therefore the public hearing should be officially cancelled. C. C�TICAL TIM�vG ISSUES • None at this time. D. FnvANC�L • N/A E. LEGAL • N/A F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION�S� • N/A V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A AGENDA SECTION: CONSENT AGENDA ITEM# 3B . REPORT# 2 . STAFF REPORT ��' ' f'� CITY COUNCIL MEETING � a .TANUARY 14, 2014 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: ��' SIGNATURE OTHER DEPARTMENT REVIEW: � N/A , '�_- SIGNATU REVIEWED BY CITY MANAGER: �� ' � � � `��� � 9 � �.. �'l�- ITEM FOR COUNCIL CONSIDERATION: Consideration of the resolutions designating official depositories for the City of Richfield for 2014, including the approval of collateral. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolutions designating official depositories, with the understanding that the City could not invest in any of the depositories beyond the level of insurance coverage or the pledged collateral. II. EXECUTIVE SUMMARY In compliance with Minnesota Statutes, the City of Richfield must designate on an annual basis those financial institutions it does business with. The following resolutions for the City Council's consideration, designate U.S. Bank/4M Fund as a depository of City funds, and certain savings and loan associations, banks, credit unions and certain financial institutions as depositories for the investment of City funds. III. BASIS OF RECOMMENDATION A. BACKGROUND • N/A B. POLICY • In accordance with Minnesota Statutes Section 118A.01 - 118A.06, the City of Richfield must designate financial institutions annually. The institutions must pledge the collateral over and above the amount of federal insurance, as public depositories. • U.S. Bank acts as the banking institution in the City's banking arrangement with the 4M Fund. Monies received, checks written by the City, flow through U.S. Bank, however, at the end of each business day, any proceeds remaining in City U.S. Bank accounts are swept to the 4M Fund to be invested. Therefore, at the end of the business day the City accounts are zero, which means the collateral requirements of Minnesota Statutes Section 118A.03 are not required. Accordingly, U.S. Bank has met all other statutory requirements and should be considered as a depository for the City's Deputy Registrar, payroll and vendor accounts and all savings deposits. • The City must also designate annually, certain savings and loan associations, banks, and credit unions as official depositories for deposit and investment of certain City funds. With approval of these official depositories, the City will be able to deposit and invest funds in these institutions, not exceeding the federal insurance of$250,000. • Finally, a designation must be made for certain financial institutions as depositories for the investment of City funds for 2014. These institutions, such as investment brokerage firms, offer government securities in the manner required by law. These financial institutions include U.S. Bank, RBC Dain Rauscher, Wells Fargo Institutional Brokerage & Sales, Raymond James &Associates, Inc., Northland Securities and the 4M Fund. C. CRITICAL TIMING ISSUES • N/A D. FnvaNClaL • N/A E. LEGAL • The City is required by Minnesota Statute 118A.01 - 118A.06, to designate as a depository of funds, insured banks or thrift institutions. Any collateral so deposited is accompanied by an assignment pledged to the City in the amount specified in the attached resolutions. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION�S� • The City Council could solicit other financial institutions for official depositories, but past relationships with the depositories recommended have proven satisfactory for the City. V. ATTACHMENTS • Resolution designating US Bank a depository of funds of the City of Richfield for the year 2014. • Resolution designating certain savings and loan associations, banks, and credit unions as depositories for the investment of City funds in 2014. • Resolution designating certain financial institutions as depositories for the investment of City of Richfield funds in 2014. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None �� � RESOLUTION NO. RESOLUTION DESIGNATING U.S. BANK A DEPOSITORY OF FUNDS OF THE CITY OF RICHFIELD FOR THE YEAR 2014 BE IT RESOLVED, by the City Council of the City of Richfield as follows: That, in accordance with Minnesota Statutes, Section 118A.01- 118A.06, U.S. Bank be, and hereby is designated a depository of the funds of the City of Richfield, subject to modification and revocation at any time by said City, and subject to the following terms and conditions: The said depository shall not be required to give bonds or other securities for such deposits provided that the total sum thereof shall not at any time exceed in any depository the sums for which its deposits are insured under the Acts of Congress of the United States relating to insurance of bank deposits; but that in case such deposits in any such depository shall at any time exceed such insured sum, said depository shall immediately furnish bonds or other security for such excess according to law, approved by the City Council of said City. That said depository shall pay on demand all deposits therein; and shall pay all time deposits, at or after the end of the period for which the same shall be deposited, on demand. BE IT FURTHER RESOLVED, that there shall be maintained a general account in which shall be deposited all monies from the water, sewer, storm sewer, liquor, swimming pool/ice arena, deputy register fees, City permits and other deposits not otherwise specifically provided for. The following officers or their facsimile signatures shall sign checks on this account; STEVEN L. DEVICH, CITY MANAGER CHRIS REGIS, FINANCE MANAGER BE IT FURTHER RESOLVED, that all funds remaining in the account at the end of each business day will be transferred from U.S. Bank to the 4M Fund where funds . deposited are invested and insured. Passed by the City Council of the City of Richfield, Minnesota this 14th day of January, 2014. � Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ���� RESOLUTION NO. ' RESOLUTION DESIGNATING CERTAIN SAVING AND LOAN ASSOCIATIONS, BANKS AND CREDIT UNIONS AS DEPOSITORIES FOR THE DEPOSIT AND INVESTMENT OF CITY FUNDS IN 2014 BE IT RESOLVED, by the City Council of City of Richfield, Minnesota � WHEREAS, pursuant to Minnesota Statutes, Sections 118A.01 — 118A.06, municipal funds may be deposited in any Savings and Loan Association, Bank or Credit Union which has its deposits insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Administration (NCUA), and WHEREAS, the amount of said deposits may not exceed the FDIC/NCUA insurance covering such deposits which insurance amount is presently $250,000, and WHEREAS, the deposit of City funds in Savings and Loan Associations and Banks would provide greater flexibility in the City's investment program and maximize interest income thereon, and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. It is hereby found and determined that it is in the best interest of the proper management of City funds that various banks be designated as additional depositories for City funds for 2014. 2. It is further found and determined that the purpose of such depository designation is to facilitate the proper and advantageous deposit and investment of City funds and that such designation is not exclusive nor does it preclude the deposit of any City funds in other officially designated depositories of the City. 3. The Treasurer and Finance Manager are hereby authorized to deposit City funds in various depositories up to the amount of$250,000, or such other amount as may be subsequently permitted by law, such deposits to be in the form of demand accounts, payable to the City of Richfield on the signatures of the City Treasurer or Finance Manager. Such deposits may be made and withdrawn from time to time by the Treasurer or Finance Manager as his best judgment and the interests of the City dictates. 4. The investment of funds and the reporting thereof pursuant to this resolution shall be conducted in accordance with established policies of the City regarding the investment of City funds. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of January, 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk �6� � RESOLUTION NO. RESOLUTION DESIGNATING CERTAIN FINANCIAL INSTITUTIONS AS DEPOSITORIES FOR THE INVESTMENT OF CITY OF RICHFIELD FUNDS IN 2014 WHEREAS, the City of Richfield has money which is available for investment, and '' WHEREAS, different financial institutions offer different rates of return on investments, and WHEREAS, the City of Richfield shall purchase U. S. Treasury Bills, U. S. Treasury Notes and other such government securities in the manner required by law from the institution offering the highest rate to the City of Richfield providing greater flexibility in the investment program and maximize interest income thereon. NOW, THEREFORE, BE IT RESOLVED, by the City of Richfield, Minnesota, in accordance with Minnesota Statutes, Sections 118A.01 — 118A.06, as follows: 1. It is hereby found and determined that it is in the best interest of the proper management of City of Richfield funds that certain financial institutions be designated as additional depositories for City of Richfield funds for 2014. 2. The following financial institutions designated as depositories for the City of Richfield funds RBC Dain Rauscher, Inc. Raymond James &Assoc. Wells Fargo Institutional Brokerage & Sales 4M Fund Northland Securities, Inc. 3. The Treasurer and Finance Manager are hereby authorized to deposit the City of Richfield funds in any or all of the depositories herein designated. Such deposits may be made and withdrawn from time to time by the Treasurer or Finance Manager's judgment and as the interest of the City of Richfield dictates. 4. The investment of funds and the reporting thereof pursuant to this resolution shall be conducted in accordance with established policies regarding the investment of these funds. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of January, 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 3C REPORT# 3 STAFF REPORT �:.�� ' '�� CITY COUNCIL MEETING C' p JANUARY 14, 2014 REPORT PREPARED BY: NANCY GIBBS, CITY CLERK NAME,TITLE DEPARTMENT DIRECTOR REVIEW: �/ SIGNATURG OTHER DEPARTMENT REVIEW: � N/A � srcN / / Y�! �Y/ r .. . � l �t REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution designating an official newspaper for 2014. I. RECOMMENDED ACTION: By Motion: Approve the resolution designating the Richfield Sun- Current as the official newspaper for the City of Richfield for 2014 II. EXECUTIVE SUMMARY The Richfield Sun-Current has been the City's official newspaper for many years. Attached is a copy of a letter from the Sun-Current Newspaper requesting that they be designated as the official newspaper for the City of Richfield in 2014. III. BASIS OF RECOMMENDATION A. BACKGROUND B. PoLICY • The Charter of the City of Richfield requires in Section 13.01 thereof that the City Council annually designate an official newspaper for the ,City. XXX • The Sun-Current has expressed an interest in continuing to serve as the official newspaper of the City. ' • The Sun-Current has served well as the official paper for many years. • The Sun-Current is delivered to nearly all residences in the City. C. CRITICAL TIMING ISSUES • The designation must be made at the first meeting of the new year. D. FINANCIAL • The cost of the official publication is reasonable and much less expensive than the Star Tribune.. E. LEGAL • A newspaper must be designated each year by the City for publication of all official and legal City business. ENVIRONMENTAL CONSIDERATIONS • None A. ALTERNATIVE RECOMMENDATION(S� • Not make a designation and request the City Clerk's office to check into using another publication. B. ATTACHMENTS • Resolution • Letter from Sun-Current • Email from Star Tribune C. PRiNCIPAL PARTIES EXPECTED AT MEETING • None 1 � ��� � RESOLUTION NO. I I RESOLUTION DESIGNATING AN OFFICIAL NEWSPAPER FOR 2014 , WHEREAS, the Charter of the City of Richfield requires in Section 13.01 thereof ! that the City Council annually designate an official newspaper for the City. , NOW, THEREFORE, BE IT RESOLVED that the Richfield Sun-Current is designated the official legal newspaper for the City of Richfield for 2014 for all publications ' required to be published therein. ' Adopted by the City Council of the City of Richfield, Minnesota this 14th day of January, 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk a j��� � � � � — MEDIA December 2013 City of Richfield City Council 6700 Portland Avenue Richfield,MN 55423-2599 Dear City Council Members: Pl�ase accept the following bid from the Richfield Sun-Current for legal newspaper designation for the City of Richfield.This newspaper is qualified by the State of Minnesota as a legal newspaper under Minnesota Statutes Section 331A.02, Subd. L ' The following rate structure for legals is effective January 1,2014: �I First insertion: $10.64 per column inch . Subsequent insertions: $5.72 per column inch � lii Characters per inch: 320 ' Lines per inch: 9 Beginning in Tanuary,your legal notices will be published in 7 point type.This change is being made to standardize and improve the legibility of legal notices and has been taken into consideration when calculating your 2014 rate.Your 2014 rate represents a 5%increase over last year. A notarized affidavit will be provided for each notice published.Additional affidavits are$2.50 each.A $20.00 charge will be assessed on legal notices that require typing.All published legal notices are posted on the Sun-Currentwebsite at no additional charge. The Sun-Current is published weelcly on Thursdays.The deadline is 2:00 p.m.on Thursday for publication the following Thursday.Please email legal notices to sunlegals@ecm-inc.com. Thank you for considering the Sun-Current as the official newspaper for the City of Richfield for the upcoming year.We appreciate the opportunity to serve the needs of your community. Sincerely, Michael Jetchick Sales Manager 10917 VALLEY VIEW ROAD,EDEN PRAIRIE,MN 55344 • 952-846-2019 • CURRENT.MNSUN.COM � ��A� �� Nancy Gibbs From: Sobon, Leon <Leon.Sobon@startribune.com> Sent: Monday, December 16, 2013 2:43 PM , To: Nancy Gibbs � Subject: Star Tribune Legal Notice Infomation Per our conversation. Our rate for legal notices is$5.65 per line/per day. The width of our columns is 1.77". You can fit roughly 28 characters and spaces per line,with 11 lines to the inch. If you would like an exact quote for a document you can email it to placeads@startribune.com -attn: Leon. Let me know if you have any questions.Thank you! Leon Star Tribune Classifieds 612-673-4166 Isobon@startribune.com 1 AGENDA SECTION: CONSENT AGENDA ITEM# 3D REPORT# 4 �I STAFF REPORT ��''' � ' �'l CITY COUNCIL MEETING �TANUARY 14, 2014 REPORT PREPARED BY: CHERYL KRUMHOLZ, EXEC. COORDINATOR Nan�tE, TiTLE DEPARTMENT DIRECTOR REVIEW: � N/A SIGNATURE OTHER DEPARTMENT REVIEW: � N/A SlGNAT REVIEWED BY CITY MANAGER: � � Q.!/✓ ITEM FOR COUNCIL CONSIDERATION: Consideration of a designation of an Acting City Manager for 2014. I. RECOMMENDED ACTION: By Motion: Direct the City Manager to designate the Assistant City Manager or an available Department Director as Acting City Manager for 2014 in the event the City Manager is absent from the City. II. EXECUTIVE SUMMARY It is necessary to designate a person to serve as the Acting City Manager for those times when the City Manager is absent from the City. In 2013, the City Manager designated the Assistant City Manager or an available Department Director as Acting City Manager. III. BASIS OF RECOMMENDATION A. BACKGROUND • Past practice has been for the City Council to designate an Acting City Manager for times when the City Manager is absent from the City. • This designation should be made at the first meeting in January of each year. 0114ActingCMxxx B. POLICY • Typically, this designation is made at the first meeting in January of each year. ;, C. CRITICAL TIMING ISSUES II • It is necessary to designate a person to serve as Acting City Manager to ensure continuation of City operations during an absence of the City Manager. D. FINANCIAL • This designation is at no additional cost to the City. E. LEGAL • N/A F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S� • The City Council could defer this designation to a future City Council meeting. V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A AGENDA SECTION: CONSENT AGENDA ITEM# 3E REPORT# 5 - _ STAFF REPORT �;,� + ` ''� CITY COUNCIL MEETING �� .TANUARY 14, 2014 REPORT PREPARED BY: CHERYL KRUMHOLZ, EXECUTIVE COORDINATOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: � N/A SIGNATURE OTHER DEPARTMENT REVIEW: � N/A �` i SIGNATU REVIEWED BY CITY MANAGER: � ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution regarding City Council attendance at City Council meetings. I. RECOMMENDED ACTION: By Motion: Approve the resolution regarding attendance by the City Council at City Council meetings in 2014. II. EXECUTIVE SUMMARY Subsection 205.15 of the Richfield City Code establishes an attendance policy for City Council Members. The policy requires attendance to be taken at every regular and special meeting of the City Council and provides for the imposition of a monetary penalty for an unexcused absence from a City Council meeting. The policy may be annually invoked by a resolution of the City Council. III. BASIS OF RECOMMENDATION A. BACKGROUND • The Richfield City Code establishes an attendance policy for City Council Members. B. POLICY 0114attendancexxx • The attendance policy may be annually invoked by resolution of the City Council. C. CRITICAL TIMING ISSUES • The City Council typically considers the attendance resolution at the first meeting in January of each year. D. FINANCIAL • The resolution provides for the imposition of a monetary penalty for an unexcused absence from a City Council meeting. E. LEGAL • If approved, the resolution would remain in effect until December 31, 2014 unless revoked prior to that date by resolution of the City Council. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION�S� • The City Council could defer action on this item to a future meeting. V. ATTACHMENTS • Resolution • City Code Subsection 205.15 VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. ����1 RESOLUTION NO. RESOLUTION REGARDING ATTENDANCE BY COUNCIL MEMBERS AT COUNCIL MEETINGS WHEREAS, the attendance of Council Members at meetings is one of the most important duties imposed by law on members; and WHEREAS, member presence to participate in hearings, deliberations and ' decisions of the Council is essential to the proper discharge of the member's official duties; and WHEREAS, recognizing that it is not always possible for a member to be present at all meetings and that by reason of business demands, state of health, personal problems, vacations and other matters, occasional absences are excusable; and WHEREAS, Subsection 205.15 of the Richfield City Code establishes rules for attendance at City Council meetings that may be invoked by resolution of the Council. NOW, THEREFORE, BE IT RESOLVED, by the City of Richfield, Minnesota that the following rules apply to absences of Council Members from meetings during calendar year 2013: 1. This resolution applies to all regular meetings of the Council, as defined in Subsection 205.01 of the Richfield City Code. This resolution also applies to duly called special business meetings of the Council. The resolution does not apply to special informational or special ceremonial meetings. Special Council meetings are those called pursuant to Subsection 205.03 of the Richfield City Code. For purposes of this resolution, special meetings are further categorized as: a) Special business meetings. Special business meetings include: Special meetings called to conduct official business of the City where the Council considers action requiring a vote of the City Council; special work study meetings; and special meetings called for the purpose of conducting a public hearing. b) Special informational meetings. Special informational meetings are those called for the City Council to receive information or to participate in discussion but where no official action of the City Council is taken, except that the term does not include special work study meetings or meetings called for the purpose of conducting a public hearing. c) Special ceremonial meetings. Special ceremonial meetings are those called for ceremonial activities but where no official action of the City Council is taken, including ribbon cuttings, community celebrations and similar activities. 2. Any member of the Council desiring to be excused shall insofar as possible, give advance notice to the City Manager stating i) the meeting at which the member will be absent; ii) the member's reason for being absent; and iii) the member's location during the meeting. ���� 3. At the beginning of each regular or special business meeting, the Clerk shall call the roll. If a member is absent, the City Manager shall report any communication from the absent Council Member regarding the reason for absence. The Mayor shall request the Council Members to determine whether the absence is excusable or inexcusable. 4. For each unexcused absence from a regular or special business meeting, the absent member shall be penalized by a fine of$25 and the Mayor, if absent, shall be penalized by a fine of$50. The fine shall be automatically deducted from the next Council Member payment unless otherwise directed by a majority of the City Council Members present. 5. This resolution remains in effect until December 31, 2013 unless revoked prior to - that date by resolution of the City Council. This resolution supersedes Resolution No. 10744. � Adopted by the City Council of the City of Richfield, Minnesota this 14th day of January, 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ��y� Richfield City Code 205.15 (Rev. 2000) 205.15. Attendance at council meetings. Attendance of council members at meetings is one of the most important duties imposed by law on members. Member presence to participate in the hearings, deliberations and decisions of the council is essential to the proper discharge of the member's official duties. Recognizing that it is not always possible for a member to be present at all meetings, and that by reason of business demands, state of health, personal problems, vacations and other matters occasional absences are excusable, the following rules apply to absences of council members from meetings when , invoked by resolution of the council: (a) such rules shall remain in effect until the end of the calendar year during which the resolution is passed unless revoked prior to that time by resolution of the council; (b) unless excused by a majority of the city council, a member of the council may not be absent from any regular meeting or from such special meetings as the council may specify in the resolution; (c) for each unexcused absence from a regular or special meeting of the council each council member may be penalized by a fine of not to exceed $75, and the mayor may be penalized by a fine of an amount not to exceed $100, but the resolution may specify a lesser penalty for absence from a special meeting than a regular meeting; (d) any member of the council desiring to be excused shall insofar as possible give advance notice to the manager, stating (i) the meeting at which the member will be absent, (ii) the member's reason for being absent and, (iii) the member's location during the meeting. (Amended, Bill No. 2000-3) AGENDA SECTION: CONSENT AGENDA ITEM# 3F REPORT# 6 STAFF REPORT / � ' CITY COUNCIL MEETING JANUARY 14, 2014 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: � <��� SIGNATURE OTHER DEPARTMENT REVIEW: � N/A - SIGNATU REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution authorizing the use of credit cards by City employees otherwise authorized to make urchases on behalf of the Cit . I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution authorizing the use of City , credit cards by City employees otherwise authorized to make 'I urchases on behalf of the Cit . II. EXECUTIVE SUMMARY In accordance with Minnesota Statutes, the City of Richfield must authorize the use of credit cards by any City employee authorized to make purchases on behalf of the City. In addition, in today's business environment, most retail businesses, will no longer allow the City to purchase on account and will only accept a City check or a City credit card. Finally, the use of a City credit card provides efficiency and flexibility for employees to purchase goods and services on behalf of the City. III. BASIS OF RECOMMENDATION A. BACKGROUND The following are the current credit/purchasing cards in use by City employees: • Four VISA credit cards issued through the Richfield Bloomington Credit Union in the name of the City. The cardholders are the following: • City Manager • Public Works Director • Community Development Director • Recreation Services Director • Three Roundy's credit cards issued to the City of Richfield Recreation Services Department. The Recreation Administration division, Wood Lake Nature Center, and Ice Arena use the cards. • Seven Sam's Club credit cards issued to the City of Richfield Recreation Services Department. The Recreation Program division and the Ice Arena use the cards. • Three Petco credit cards issued to the City of Richfield Public Safety Department. The credit card will be maintained by the following: • SIU Investigator (1) • K-9 Officers (2) —two cards • The City participates in Purchasing Card program as offered through US Bank. The program is designed to make the purchasing/procurement process for low dollar valued items more efficient. The intent is to save time and paperwork by reducing the need for purchase orders, petty cash, check requests and employee reimbursements. • The City Purchasing card program began in 2010 on a limited basis and has expanded since that time. The program will allow controls to be put in place to limit monthly and single purchase amounts. Finally, a City Purchasing Card Policy has been established which is consistent with the City's Purchasing Policy and Minnesota Statutes. ' • US Bank Purchasing Card Program. The following finrenty six purchasing I cards will be issued to the following: • Building Services Employees (3) —three cards. • Utility Department Employees (2) —two cards. • Information Technology Employees (4) —four cards. • Assistant City Manager (1) — one card. • Finance Manager (1) — one card. • City Clerk (1) — one card • Recreation Service Employees (3) —three cards. • Public Safety Employees (5) —five cards. • Fire Chief(1) — one card. • Communications Coordinator (1) — one card. • Public Works Employees (3) —three cards. • Community Development Accountant (1) — one card. B. POLICY • In accordance with Minnesota Statutes Section 471.382, the City of Richfield must authorize the use of credit cards by any City employee otherwise authorized to make a purchase on behalf of the City. • Further, if a City employee makes or directs a purchase by credit card that is not approved by the City Council, the employee could be personally liable for the amount of the purchase. • A purchase by credit card must otherwise comply with all statutes, rules, and City policies applicable to City purchases. • Finally, the City's auditors recommend that the City authorize the use of credit cards by City employees on an annual basis. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • The holders of City credit cards are responsible for reviewing and approving all purchases entered into with the credit card. ' E. LEGAL II • N/A I F. ENVIRONMENTAL CONSIDERATIONS • The City is required by Minnesota Statute 471.382, to authorize the use of credit cards by City employees otherwise authorized to make purchases on behalf of the City. IV. ALTERNATIVE RECOMMENDATION(S� • The City Council could decide to not authorize the use of credit cards by City employees. However, most retail businesses in today's environment will no longer allow the City to purchase on account and will only accept a City check or a City credit card. The use of City credit cards by employees provides efficiency'and flexibility for employees to purchase goods and services on behalf of the City. V. ATTACHMENTS • Resolution authorizing the use of a credit card by City employees otherwise authorized to make purchases on behalf of the City. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None �� I 3 RESOLUTION NO. RESOLUTION AUTHORIZING THE USE OF CREDIT CARDS BY CITY EMPLOYEES OTHERWISE AUTHORIZED TO MAKE PURCHASES ON BEHALF OF THE CITY OF RICHFIELD FOR THE YEAR 2014 BE IT RESOLVED, by the City Council of the City of Richfield as follows: That, in accordance with Minnesota Statutes, Section 471.382, the City Council of the City of Richfield may authorize the use of a credit card by City employees otherwise authorized to make a purchase on behalf of the City. The authorization is subject to modification and revocation at any time by said City Council, of the City of Richfield, and subject to the following terms and conditions: If a City employee makes or directs a purchase by credit card that is not approved by the City Council, the employee can be personally liable for the amount of purchase. The purchases by credit card must comply with all statutes, rules and City of Richfield policies applicable to City purchases. BE IT FURTHER RESOLVED, that designated City staff is hereby authorized to use the following City credit cards to make purchases on behalf of the City of Richfield: • Four VISA credit cards issued through the Richfield Bloomington Credit Union in the name of the City. The cardholders are the following: • City Manager • Public Works Director • Community Development Director • Recreation Services Director • Three Roundy's credit cards issued to the City of Richfield Recreation Services Department and Public Safety Department. The credit cards to be maintained by the following: • Recreation Administration Division • Wood Lake Nature Center Division • Ice Arena Operation • Seven Sam's Club credit cards issued to the City of Richfield Recreation Services Department. The credit cards will be maintained by the following: • Recreation Programs Division (5) —five cards • Ice Arena Operation (2) —two cards • Three Petco credit cards issued to the City of Richfield Public Safety Department. The credit card will be maintained by the following: • SIU Investigator (1) — one card. • K-9 Officers (2) —two cards. • Twenty six US Bank Purchasing cards. The cardholders will be the following: • Building Services Employees (3) —three cards. • Utility Department Employees (2) —two cards. • Information Technology Employees (4) —four cards. • Assistant City Manager (1) — one card. • Finance Manager (1) — one card. • City Clerk (1) — one card • Recreation Services Employees (3) —three cards. • Public Safety Employees (5) —five cards. • Fire Chief (1) — one card. • Communications Coordinator (1) — one card. • Public Works Employees (3) —three cards. • Community Development Accountant (1) — one card. 3 �/� Passed by the City Council of the City of Richfield, Minnesota this 14th day of January, 2014. Debbie Goettel, Mayor , ATTEST: ' Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA I'rEM# 3G REPORT# 7 STAFF REPORT � � � � CITY COUNCIL MEETING JANUARY 14, 2014 REPORT PREPARED BY: CHRISTINE COSTELLO,ECONOMIC DEVE PMENT COORDINATOR NAME,T/TLE DEPARTMENT DIRECTOR REVIEW: � �, NA7'UKE i OTHER DEPARTMENT REVIEW: � S/GNAT RE REVIEWED BY CITY MANAGER: � ` ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving the City of Richfield's participation in Hennepin County's 2014 economic development initiative Open to Business and approving a contract with Metro olitan Consortium of Communit Develo ers. I. RECOMMENDED ACTION: By Motion: Adopt a resolution approving the City of Richfield's participation in Hennepin County's 2014 economic development initiative Open to Business and approving a contract with Metro olitan Consortium of Communit Developers. II. EXECUTIVE SUMMARY To promote economic development, create and retain jobs, and cultivate entrepreneurs, Hennepin County Housing and Redevelopment Authority (HCHRA) launched a small business and entrepreneur technical assistance initiative dubbed "Open to Business." To further this initiative, HCHRA has fostered a partnership with the Metropolitan Consortium of Community Developers (MCCD) to provide benefits of the original program to suburban Hennepin communities. 011414-Open to Business Contract Renewal.docx The City of Richfield began participation in the 2013 for the Open to Business program. Throughout 2013, Richfield's Open to Business program achieved the following outcomes: 27 businesses/entrepreneurs served, $196,204 in direct and facilitated financing; $296,000 in leveraged capital; and 160 hours of technical assistance provided. Continued participation in the Open to Business program in Richfield will allow Richfield businesses/entrepreneurs the opportunity to receive free, one-on-one confidential technical assistance. Additional services provided through the program include business plan development, feasibility studies, cash flow and financing projections, marketing, preparing loan requests and advocacy with lending institutions. III. BASIS OF RECOMMENDATION A. BACKGROUND • HCHRA offers 1:1 matching grants for municipalities who wish to provide "Open to Business" technical assistance to their community's entrepreneurs and small businesses. The annual cost to participate in the Open to Business Initiative is $10,000. If the Richfield City Council provides local matching funds of$5,000 towards the annual program cost, Hennepin County would match our amount to allow for Richfield to participate. • The partnership with HCHRA and MCCD provides direct, one-on-one technical assistance services to entrepreneurs and small businesses. The services offered include: business plan development, feasibility studies, cash flow and financing projections, marketing, preparing loan requests, and advocacy with lending institutions. MCCD will help connect entrepreneurs with banks, community development lenders, Small Business Administration (SBA) resources and MCCD's own small business loan fund so that entrepreneurs can access the capital they need to be successful. • The "Open to Business" model is based on MCCD providing services to participating municipalities' entrepreneurs and small businesses for the flat annual fee, therefore the service is free of charge to . businesses and entrepreneurs. • In 2012-2013 the HCHRA provided 1:1 matching funding for 17 suburban Hennepin communities. Throughout 2012 and 2013, the participating municipalities have achieved the following outcomes: o $2,065,000 in direct and facilitated financing to Hennepin businesses; o $5.6M in leveraged capital; � 0 161 employees created or retained as a result of financing; 0 498 businesses/entrepreneurs served; and o Over 3000 hours of technical assistance provided. B. POLICY • It is appropriate to seek outside funding whenever possible. • During the last Comprehensive Plan update, a participant survey was conducted and of all the survey questions posed, the expansion of local business had the highest positive response rate (91%). C. CRITICAL TIMING ISSUES • The resolution must be received by Hennepin County by the end of January 2014. D. FINANCIAL • The annual fee for Open to Business Initiative for a community the size of Richfield is $10,000. ', • A local match of$5,000 is required to apply for Hennepin County's �, Open to Business Initiative. ',I • If the local matching fund is approved by the City Council, Hennepin County will provide matching funds of$5,000. E. LEGAL • The program guidelines to apply for matching funding through Hennepin County's Open to Business initiative requires the City of Richfield to pass a resolution committing to fund one half($5,000) of the total annual cost ($10,000) and to contract with MCCD. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATNE RECOMMENDATION(S� • Deny authorization and direct staff to withdraw participation from participating in Hennepin County's Open to Business Initiative. V. ATTACHMENTS • Resolution • 2014 Contract for Open to Business • 2013 Year End Update VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A ��� I RESOLUTION NO. RESOLUTION APPROVING THE CITY OF RICHFIELD'S PARTICIPATION IN HENNEPIN COUNTY'S 2014 ECONOMIC DEVELOPMENT INITIATIVE "OPEN TO BUSINESS" WHEREAS, Hennepin County Housing and Redevelopment Authority is soliciting proposals from suburban Hennepin municipalities interested in continuing participation in small business and entrepreneur technical assistance initiative, referred to as "Open to Business"; and � WHEREAS, the program provides one on one technical assistance services to entrepreneurs and small business which include: business plan development, feasibility studies, cash flow and financing projections, marketing, preparing loan requests, and advocacy with lending institutions; and WHEREAS, the Richfield City Council finds that the services available through the Open to Business Program have the potential to benefit existing commercial area and to promote future growth of entrepreneurship and business growth in the City of Richfield. NOW, THEREFORE, BE IT RESOLVED, by the Richfield City Council in and for the City of Richfield, Minnesota that staff is hereby authorized to make application for a $5,000 matching fund grant for participation in Hennepin County's 2014 Economic Development Initiative "Open to Business". Adopted by the City Council of the City of Richfield, Minnesota this 14th day of January, 2014. Debbie Goettel, Mayor ATTEST: Steven L. Devich, City Manager ��l� Contract for Services Between the City of Richfield & Metropolitan Consortium of Community Developers ' for the i Open to Business Program �,, THIS AGREEMENT, is made and entered into as of the day of January, 2014, between the City of Richfield and Metropolitan Consortium of Community Developers, (herein called"MCCD"). WHEREAS, the City of Richfield wishes to retain an entity with the capacity to provide small business technical assistance to existing businesses and those parties interested in opening a business in Richfield(the"Initiative") and WHEREAS, MCCD has represented itself as competent to provide the services required to administer and carry out the Initiative; and WHEREAS, the City of Richfield wishes to engage MCCD to provide said services necessary to carry out the Initiative; NOW THEREFORE, it is agreed between the parties hereto that; 1. TIME OF PERFORMANCE The service to be provided by MCCD shall commence upon execution of this Agreement and shall terminate as of December 31, 2014. All services, documents, and information to be furnished or performed by MCCD in order to carry out the Initiative shall be furnished or performed as promptly as possible, and with the fullest due diligence. 2. COMPENSATION Total compensation to MCCD shall be $10,000 for a one year period(the Contract Amount)to manage the Richfield Open to Business prograin. The Contract Amount will be paid in two equal installments: $5,000 due and payable by the City of Richfield upon execution of this Agreement, and $5,000 invoiced and dated on or about 6 months from the agreement date,payable by Hennepin County Housing Redevelopment Authority. 3. SCOPE OF SERVICES MCCD will use the Contract Amount to provide technical assistance to existing Richfield businesses, residents and parties interested in starting a business in Richfield; (See Exhibit A Scope of Services-Richfield Open to Business Program). 1 �1.../ `� 4. REPORTING MCCD agrees to submit quarterly reports related to its operation of the Richfield Open to Business program. Items to be reported on include, but are not limited to,the following: ➢ Number of inquiries ➢ Hours of technical assistance provided ➢ Type of assistance provided ➢ Type of business ➢ Annual sales revenue ➢ Number of businesses opened ➢ Number of business expanded/stabilized ➢ Number and amounts of financing packages ➢ Demographic information on entrepreneurs The required reporting schedule is as follows: lst quarter January—March, report due Apri130tn 2°d quarter April—June, report due July 31 St 3`d quarter July—September,report due October 31St 4th quarter October—December, report due January 31 St of 2015 MCCD will provide additional reports as requested by the City of Richfield. 5. PERSONNEL MCCD represents that it has, or will secure, at its own expense, all personnel required in performing the services to carry out the Initiative. Such personnel shall not be employees of or have any contractual relationship with the City of Richfield. No tenure or any other rights or benefits, including worker's compensation, unemployment insurance, medical care, sick leave, vacation pay, severance pay, or any other benefits available to City of Richfield employees shall accrue to MCCD or employees of MCCD performing services under this agreement. The MCCD is an independent contractor. All of the services required to carry out the Initiative will be performed by MCCD, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such work. 2 ����� 6. INTEREST OF MEMBERS OF THE CITY, EDA AND OTHERS No officer, member, or employee of the City of Richfield, and no member of its governing body, and no other public official or governing body of the locality in which the Initiative is situated or being carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the Initiative, shall participate in the decision relating to this Agreement which affects his/her personal interest or the interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested or has any personal or pecuniary interest, direct or indirect, in this Agreement or proceeds thereof. 7. ASSIGNABILTY MCCD shall not assign any interest in this Agreement, and shall not transfer any interest in the same without the prior written approval of the City of Richfield thereto. 8. COMPLIANCE WITH LOCAL LAWS MCCD agrees to comply with all federal and state laws, statutes and applicable regulations and the ordinances of the City of Richfield. 9. INSURANCE MCCD agrees to provide proof of workers' compensation and comprehensive general liability insurance. Comprehensive general liability insurance shall be in the minimum amount of$1,500,000 10. HOLD HARMLESS MCCD agrees to defend, protect, indemnify and hold harmless the City of Richfield,their agents, officers and employees harmless from and against all liabilities, losses, damages, costs, and expenses, whether personal, property, or contractual, including reasonable attorney's fees, arising out of, or related to the administration and operation of the Initiative, and from any act of negligence of MCCD, its officers, employees, servants, agents, or contractors. The City of Richfield agree to defend, protect, indemnify and hold harmless the MCCD, �'i its agents, officers and employees harmless from and against all liabilities, losses, I damages, costs, and expenses, whether personal,property, or contractual, including reasonable attorney's fees, arising out of, or related to the administration and operation of the Initiative, and from any act of negligence of the City of Richfield,their officers, employees, servants, agents, or contractors. 11. NOTICES A notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by mail, postage prepaid, return receipt requested, or delivered personally; and (a) In the case of MCCD, is addressed or delivered personally to: David Chapman, Director of Lending and Operations 3 �� � Metropolitan Consortium of Community Developers 3137 Chicago Avenue South Minneapolis, MN 55407 (b) In the case of the City of Richfield: Christine Costello Economic Development Coordinator City of Richfield 6700 Portland Ave S Richfield, MN 55423 or at such other address with respect to any party as that party may designate in writing and forward to the other as provide in the Section. 12. MODIFICATION This Agreement may not be modified, changed, or amended in any manner whatsoever without the prior written approval of all the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day �I and year first written above. ', CITY OF RICHFIELD METROPOLITAN CONSORTIUM OF COMMUNITY DEVELOPERS By: BY� Debbie Goettel,Mayor Jim Roth,Its Executive Director And by; By Steven L. Devich, City Manager 4 rf���� �: Exhibit A Scope of Services Open for Business Technical Assistance Services MCCD will provide intensive one-on-one technical assistance to Richfield businesses, Richfield residents and aspiring entrepreneurs intending to establish, purchase, or improve a business in Richfield. Technical assistance includes,but is not limited to, the following: ➢ Business plan development ➢ Feasibility analysis ➢ Marketing, ➢ Cashflow and other financial projection development ➢ Operational analysis ➢ City and State licensing and regulatory assistance ➢ Loan packaging, and other assistance in obtaining financing ➢ Help in obtaining competent legal advice MCCD will also provide technical assistance on a walk-in basis monthly in Richfield City Hall or as requested at a place of business within Richfield. Open for Business Access to Capital Access to capital will be provided to qualifying businesses through MCCD's Emerging Small Business Loan Program(see Exhibit B Small Business Loan Program Guidelines below). MCCD also provides its financing in partnership other community lenders, banks or both. 5 ��� � EXHIBIT B Small Business Loan Program Guidelines i Loan Amounts• • Up to $25,000 for start-up businesses • Larger financing packages for established businesses • Designed to leverage other financing programs as well as private financing provided by the commercial banking community. Eli�ible Proiects: • Borrowers must be a"for-profit"business. • Business must be complimentary to existing business community. • Borrowers must have equity injection as determined by fund management. Allowable Use of Proceeds: • Loan proceeds can be used for working capital, inventory, building and equipment and general business operations. Interest Rates• • Loan interest rate is dependent on use,term and other factors, not to exceed 10%. Loan Term Len�th: • Loan repayment terms will generally range from three to five years, but may be substantially longer for major asset financing such as commercial property. Fees and Charges: • Borrowers are responsible for paying all customary legal and other loan closing costs. 6 `,_.�. '�-_. � ' ����F� �� ro sustrtESS City/County: Richfield Time Frame: 1/1/13-12/31/13 Updates Clients Served: Industry Segment: New Entrepreneur/Start-up 13 Service 14 Existing Business 14 Retail-general merchandise 4 Total 27 Retail-food related 8 Wholesale/Distribution 1 How did client hear about OTB: • Municipality (newsletter) 17 • Friends/Family 1 • Entrepreneur 1 • Bank Referral- 4 • Internet 2 • Other 2 ' � Direct& Facilitated Financing approved: # of loans 6 Amount $196,204 Capital Leveraged: $296,000 Jobs retained or created from MCCD closed loan clients: 19 Types of Businesses: Program related hours TA/Admin: 176 Dry cleaner/ Restaurant Doggy day Laundromat care business Types of Services Provided: Lighting Food truck Auto repair contractor shop Cash flow analysis Business feasibility Dog vacay Car wash/gas Online Regulatory assistance Business plan business station clothing store development Web Massage Limousine Loan packaging Real estate analysis developer therapy business Lease review Marketing Residential Picture Strategic planning cleaning framing ,.� r., � .,r; ,..�° ; �'' Client Highlights: Sol Sisters Inc. d/b/a Hen House Eaterv Business Type: Restaurant Location: Downtown Minneapolis—Old Peter's Grill location Referred by: Bank MCCD Financing: $25,000 Other Financing/Equity: $260,000 Richfield resident, Maria Cuadros-Perrault is part owner in Sol Sisters Inc. which received financing from MCCD to take over the old Peter's Grill location and open the Hen House Eatery. MCCD's financing was part of a larger financing packaging to purchase equipment and leasehold improvements. When the restaurant opens the owners plan to hire 8 more employees in addition to the staff that will remain from Peter's GriIL Woof Central Business Type: Dog day care/boarding and grooming Location: 6315 Penn Ave Referred by: Municipality Bank Financing: $50,000 Hiqhlight: Cash flow analvsis/leasehold improvements/access to capital Open to Business helped the owners of Woof Central with financial planning, cash flow projections and continue to be a trusted advisor of the entrepreneurs. Helped them also get access to a business line of credit to make required building improvements. Credit Builder Loans: In 2013, MCCD provided two credit builder loans to Richfield residents. MCCD works in partnership with several nonprofit organizations to offer the credit building program. Our partners provide financial counseling in conjunction with small personal loans from MCCD. This combination of counseling with loans is helping program participants improve their credit scores, thus allowing for better interest rates for various types of lending. Other Loans: In addition to the approved direct &facilitated loans and two credit builder loans described above, MCCD made a loan for$15,664 within th� Central Corridor to a business located in Minneapolis that was owned by residents of Richfield. The Central Corridor Loans helped businesses that were negatively impacted by the construction of the light rail along University Avenue and Stadium Village. AGENDA SECTION: CONSENT AGENDA ITEM# 3H REPORT# g STAFF REPORT i.�� � ' ', CITY COUNCIL MEETING �TANUARY 14, 2014 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: � .-, NATURE OTHER DEPARTMENT REVIEW: � SIGNATUR& � � ♦ REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consider an ordinance amendment to Richfield City Code Appendix D (Fee Schedule) and schedule a public hearing and second reading for January 28, 2014 I. RECOMMENDED ACTION: By Motion: 1) Approve a first reading of the attached ordinance amendment to Richfield City Code Appendix D (Fee Schedule). 2) Schedule a public hearing and second reading for January 28, 2014. II. EXECUTIVE SUMMARY City staff conducts an annual review of Richfield's City Code Appendix D, which establishes certain fees related to Building Permits and Fees, Land Use Application Fees and Fire Services Fees. The intent is to ensure that fees charged for City services reflect actual staff costs incurred in providing those services without being onerous or excessive. ' Staff is recommending the following changes: - 0.5% reduction in electrical fees for jobs exceeding $50,000. - Scaled fees based on project cost for Major Amendments to Planned Unit Developments, Conditional Use Permits and Site Plan approvals. 011414-1 st Read Ord Amend App D feesxxx - Addition of an annual monitoring fee for Interim Use Permits. - Addition of language related to replacement of existing communication antennas. - Minor text amendments to clarify land use application fees, give the City � the ability to recoup additional costs if necessary, and correct Code references. III. BASIS OF RECOMMENDATION A. BACKGROUND • Current fees collected for electrical permitting exceed the cost of providing this service. Staff proposes to reduce this fee from 1.5% to 1% of the job cost. • Historically, the fee for a Major Amendment to any land use approval has been a flat fee of$500. Staff proposes a scaled fee based on the construction cost of the proposed project. This fee is intended to more accurately reflect the staff time that is likely involved in the review process. For small jobs the fee will increase by only a few dollars. o There are a variety of criteria that trigger a Major Amendment. For instance, the introduction of a new use into an approved Planned Unit Development (PUD) is classified as a Major Amendment. In many cases, this does not involve additional construction, but rather just a change in the tenancy in a multi-tenant building. The current flat fee generally covers the staff time, resources and publication requirements involved in this type of review. o In other cases, particularly in phased developments, a Major Amendment involves new construction, revised traffic patterns, architectural reviews, etc. The current flat fee is significantly less than costs incurred by the City to review these applications. • Interim Use Permits (IUPs) are, by definition, intended to be temporary. As part of all recent IUPs issued, the City has stipulated that property owners meet annually with staff to discuss the future of their property. In order to cover the cost of this additional annual monitoring and meeting, staff proposes a fee of$100 per year. • City Code requires a permit for the replacement of existing antennas; however, this was not specifically mentioned in the fee schedule. This language has been added and references to Code Sections have been corrected. • Minor text amendments to clarify the calculation of land use fees and to allow the City to recoup costs exceeding the required application fees have been proposed. B. PoLICY • City staff works hard to provide excellent customer service to residents and potential developers. • Fees should be sufficient to cover the costs of providing permit-based services without being onerous or excessive. • Minnesota Statues, Section 462.353 requires that certain fees be established by ordinance. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • The City attempts to establish fees that appropriately reflect the City's costs of administering the permit or application for which the fee is � charged. E. LEGAL • A public hearing is scheduled for January 28, 2014. • Notice of the public hearing shall be published in the Sun Current Newspaper in accordance with State and Local requirements. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S� • Approve a first reading of the ordinance with changes. • Reject the proposed ordinance. V. ATTACHMENTS • Ordinance VI. PRINCII'AL PARTIES EXPECTED AT MEETING • None ,hf'�►�� � BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX D TO THE RICHFIELD CITY CODE; ESTABLISHING A FEE SCHEDULE ' FOR CERTAIN PERMITS AND APPLICATIONS THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background 1.01 Appendix D to the Richfield City Code consists of the schedule of fees adopted by the City Council, including those adopted by resolution and those adopted by Ordinance. 1.02 Minnesota Statutes, Section 462.353 requires that certain fees be adopted by Ordinance. The City Council has previously established certain fees by Transitory Ordinance No. . The City Council has established other fees by resolution, which resolution is also part of Appendix D. 1.03 The City Council has determined the need to update the schedule of fees under Transitory Ordinance No. Section 2. Fee Schedule Adopted 2.01 The fees set forth in the attached Exhibit A are hereby adopted by Ordinance. 2.02 The fees adopted at Section 2.01 of this Ordinance shall be amended only by Ordinance. Any fees established by resolution, other than those adopted at Section 2.01 of this Ordinance, may be amended from time to time by resolution of the City Council. Section 3. Effective date; codification. 3.01 This Ordinance is effective in accordance with Section 3.09 of the City Charter. 3.02 A copy of this Ordinance shall be included in Appendix D to the Richfield City Code, immediately prior to the resolution establishing fees. 3.03 This Ordinance supersedes Transitory Ordinance No. Adopted by the City Council of the City of Richfield, Minnesota this 28th day of January, 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ��� `�. � EXHIBIT A CONSTRUCTION AND RELATED PERMIT FEES AND CHARGES A. Investigation Fees: Work without a Permit: Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in Section 2. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. B. Permit fee refunds: The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permitted not later than 180 days after the date of fee payment. ;Type of Permit or Section Description Fee �License Requiring 1 (a) Inspections outside of normal business $60.00 per hour � hours(minimum charge-two hours) (b) Reinspection fees(minimum charge .$60.00per hour $35.00) (c) Inspections for which no fee is $60.00 per hour specifically indicated (minimum charge-one- ' half hour) ; � ' (d) Additional plan review required by $60.00 per hour changes, additions or revision to plans (minimum charge-two hours) ___ _ _ _ _ _ _ _ _ _ � (e) Fee to reissue building inspection $35.00 record card *Or the total hourly cost to the jurisdiction,whichever is the greatest.This cost shall include supervision, t � � � h �°' ��" ,� � ioverhead,equipment, hourly wages and fringe benefits ofthe employee involved. ( (1) Building 400.03— $1 to$500 (includes one inspection) $35.00 ' Permits 400.09 Each additional inspection $35.00 '� $501 to$2,000 $25.00 for the first$500 plus$3.25 each additional$100,or fraction thereof,to and including$2,000 with a minimum fee of$35.00. $2,001 to$25,000 $73.50 for the first $2,000 plus$14.75 for each additional$1,000, or fraction thereof,to and including$25,000. � $25,001 to$50,000 $415J5 for the first � $25,000 plus$10J5 for � each additional$1,000, � or fraction thereof,to � and including$50,000. � ( $50,001 to$100,000 $682.50 for the first $50,000 plus$7.50 for each additional$1,000, or fraction thereof,to and including$100,000. $100,001 to$500,000 $1,053.50 for the first $100,000 plus$6.00 for each additional$1,000, or fraction thereof,to and including$500,000. i $500,001 to$1,000,000 $3,427.75 for the first $500,000 plus$5.00 for each additional$1,000, or fraction thereof,to p���r� i> � and including $1,000,000. 1,000,001 and up $5,945.25 for the first $1,000,000 plus$4.00 for each additional$1,000, � or fraction thereof. (2) Driveway, 515.05 (no permit fee for sidewalks) $35.00 Parking Area Permits ;(3) Swimming 420.00 Permanent or portable pools are based on ,$35.00 building permit fees with a minimum of �(4) Plan Review 400.03— 35%of building permit fee for one and two family dwelling detached �Fee 400.09 garages and basement remodels � 65%of buildin ermit fee for all other buildin ermits exce t no fee � gp bp , p for the following: (a) Existing single family dwelling minor nonstructural alterations. (b)Single and two family dwelling repair and maintenance work. (c) Commercial and industrial repair and maintenance work not ' exceeding$1,000 or where plans are not required. Plan review fee for Maximum 25%of permit fee based on Minnesota State Building Code similar buildings 1300.0160 (5) Contractors Charged once each time a contractor applies $5.00 i ' License for permit(s) �Verification Fee (6) Moving- 845 Moving Permit Fee $50.00 Buildings (7) Structure 400.00— (a) Commercial Demolition cost as per $50.00 Demolition 400.09 Building Permit Schedule with a minimum of M� 5 � a...t�l / (b) Dwelling $50.00 i One or two story $35.00 � Residential-Garage and lesser structure (8) Plumbing 400.03— Residential $35.00 :Permit 400.09 Minimum Fee 2%of Total Job cost with a minimum of(includes one inspection) ; Each additional inspection $35.00 E _ (9) Plumbing 400.03— Commercial/Industrial/Multi-family Based on $45.00 Permit 400.09 Total Job cost 2%of Estimated Job cost with a minimum � of(includes one inspection) , Each additional inspection $35.00 (10) Electrical 400.03— Residential $35.00 ' Permit 400.09 (a) Minimum Fee which includes one � inspection (b) Each additional Inspection $35.00 (c) Complete Wiring Fee: $150.00 Single Family Dwelling and each dwelling unit of a two family dwelling and includes not � more than three inspections. (d) New Service-up to 200 amps $55.00 (e)Temporary Service-(for construction) $45.00 ; (f) Installation, addition alteration, or $8.00 repair of each circuit or feeder (g)Swimming pool or exterior hot tub $55.00 � (11) Electrical '400.03— Commercial, Industrial and multiple $45.00 Permit 400.09 dwellings(more than two units) and Technology systems: Minimum Fee which �� ���� Commercial includes one inspection Each additionad inspection $35.00 (a) Based on total job cost $45.00 -2%of estimated job cost with a minimum of �' -Over$50,000- Fee/$1,000.00 plus 1�4%of cost over$50,000.00 (b)Traffic Signals: Per Intersection $185.00 (c) Fire Alarm: Based on%%of cost of $45.00 electrical job to customer with a minimum of (d) Carnivals,festivals and similar events $110.00 plus$35.00 for each service on generator (12) Electrical 400.03— Based on 2%of cost of electrical job to $45.00 �Permit Signs 400.09 customer with a minimum of(separate � electrical permit required for signs) � €(13) Residential 400.03— Central Systems and Additions,Alterations ',$35.00 Heating, 400.09 and Repairs :Ventilating,Air 1%2%estimated cost with a minimum of Conditioning and (Includes one inspection) Refrigeration Each additional inspection $35.00 i ' Commercial Central Systems and Additions,Alterations $45.00 ' Heating, and Repairsl%2%estimated cost with a Ventilating,Air minimum of Conditioning and Refrigeration ,(14) Sign 415.01— (a)Temporary sign permit $35.00 ' Installation 415.11 (b) Permanent sign (any size) ;$100.00 Building permit is required for sign support structures Fees based on building permit fee schedule �` �� `� (15) Temporary 400 A temporary Certificate of Occupancy may be $200.00 Certificate of issued before completion of the entire work Plus a letter of credit or Occupancy covered by the permit, provided the Chief cash escrow equal to Building Official deems that the building is 125%of the remaining safe to occupy City Code requirements E _ ZONING, LAND USE AND RELATED CHARGES Type of Permit or Section Description ! Fee License Requiring (1) Planned Unit 542 (a) $500 plus$5/$1,000 of project value ' $3,500.00 Development (construction cost) up to a maximum fee of (b) Major PUD Plan Amendment#ee-�afe� 500 ;�-5�8:A8 3 500 ' plus$5/$1.000 of project value (construction ; cost) up to a maximum fee of f l� I ( (c) Minor PUD Plan Amendment#ee��. $350.00 � (2) Site Plan Review 547 (a)$500 plus$.50/$1,000 of project value $3,500.00 (construction cost)to a maximum fee of (b) Major amendment -$500 plus$.50/$1.000 of �-59�:A9 3 500 proiect value (construction cost)to a maximum � fee of (c) Minor amendment ' $350.00 � 1 :(3) Variance 547 Residential , $250.00 � _ '', i Non Residential $450.00 � � Variance Appeal Residential and Non Residential ' $150.00 :(4) Conditional Use 547 (a) $500+$.50/$1,000 of project value ', $3,500.00 �Permit Iconstruction cost) up to a maximum fee of I n� �f��J l - (b) Major amendment-$500+$.50/$1,000 of �AA:A9 3 500 proiect value (construction cost) up to a maximum fee of (c) Minor amendment ' $350.00 �' I i '(5) Interim Use 547 $500 plus$100/vear monitorin�fee up to a ;�-5A8:AA 1000 li : Permit maximum fee of i(6) *Zoning District 547 $600 plus$0.50/$1,000 of project value $3,600.00 'Change jconstruction costl up to a maximum fee of 'Zoning Code Text $600.00 .Amendment ( ;(7) *Subdivision 500.01— !$500.00 'Approval 500.05 � �Subdivision Waiver 500.05- $350.00 � Subd. 2 � i '(8) Street/Easement 820/State ', $350.00 Vacation 'Statute ; '(9) Appeal to Board 547 $350.00 :of Adj. &Appeals � I �(10) Special Request $350.00 �to City Council (11) Zoning $50.00 Compliance Letter :(12) Comprehensive $600.00 Plan Amend. :(13) Plat: preliminary , $500.00 &final (14) Sketch Plan $250.00 �.P; - .� ,, i Review (15) Extension Extension of a Land Use Approval (rezoning, site ! $125.00 plan approval,conditional use permit,variance, etc.) beyond its original approval period *Any additional expenses incurred bv ' the Citv in the course of processin�a request will be charged to the applicant. FIRE SERVICES FEES Type of Permit or License 'Section Description Fee � ' Requiring (6) Fire Extinguishing Based on Building Permit fee schedule with a '$50.00 System Permit minimum of: i Plan review fee: 65%of building permit fee, Iexcept no fee for the following: � (a) no charge for valuation of$1,000 or less E � '(7) Fire Alarm Systems Based on Building Permit fee schedule with a '$50.00 minimum of: Plan review fee: 65%of building permit fee, ' except no fee for the following:;eol(a) no charge for valuation of$1,000 or less (8) Flammable or Tanks(installation or modification $150.00 Combustible Liquid or Gas 'Storage Tanks and Piping Installation or alteration of piping $50.00 Each unit or dispenser Underground Tank Removal $100.00/Tank MISCELLANEOUS FEES Type of Permit or License Section ' Description Fee I � /(�''�, � �( /'j lf �a � tii Requiring : (3) Antenna Commercial 4�425 & ', (a) CWTS antenna permit application fee $100.00 • Wireless Telecommunication 544 'Service(CWTS) ' (b)Antenna permit fee for additional $35.00 ' antennas added to an existing antenna ' location or replacement of existin�antennas I at a location � AGENDA SECTION: CONSENT AGENDA ITEM# ;I - REPORT# g _ STAFF REPORT A� � '� CITY COUNCIL MEETING JANUARY 14, 2014 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER ,� NAME,TITLE � ,"'�,., DEPARTMENT DIIZECTOR REVIEW: ,� --� j SIGNATURE / OTHER DEPARTMENT REVIEW: �, SIGNAT REVIEWED BY CITY MANAGER: � ' �,_ , ITEM FOR COUNCIL CONSIDERATION: Approve a resolution denying a subdivision waiver at 7215 Logan Avenue. The proposed subdivision waiver re uested the division of 7215 Lo an Avenue into three lots. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution denying a subdivision waiver for 7215 Lo an Avenue. II. EXECUTIVE SUMMARY On November 26, 2013, the City Council voted to deny a request for the subdivision of 7215 Logan Avenue into three 50-foot lots. Denial was based on the fact that minimum requirements were not met and the proposal was not in keeping with the character of the surrounding neighborhood. The Council must now approve a resolution officially denying the request for subdivision. III. BASIS OF RECOMMENDATION A. BACKGROUND • N/A 011414-7215 Logan Ave Subd DENIAL.docx B. PoLICY • Minnesota Statute 15.99 requires that Council adopt a written statement of the reasons for the denial of subdivision waiver. C. CxIT�cAi,TuvinvG IssuEs • 60-DAY RULE: The 60-day clock `started' when a complete application was received on November 8, 2012 and was scheduled to expire on January 7, 2014. The City has notified the applicant that this deadline has been extended in order to accommodate the CounciPs holiday schedule. The 120-day clock expires on March 8, 2014. D. Fn�aNCiaL • N/A E. LEGAL • N/A I E IIZ NIVIENTAL ONSIDERATIONS II F. Nv o C • N/A IV. ALTERNATNE RECOMMENDATION�S� • None V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None � RESOLUTION NO. ��� RESOLUTION DENYING A SUBDIVISION WAIVER FOR 7215 LOGAN AVENUE WHEREAS, an application has been filed with the City of Richfield which requests approval of a subdivision waiver for the division of 7215 Logan Avenue, legally described as: Lot 2, Block 1, DUKATZ WITTENBORG ADDITION, Hennepin County, Minnesota WHEREAS, the applicant proposes to divide the above-described Parcel into three ', parcels, legally described as: '' Parcel A: The north 50 feet of Lot 2, Block 1, DUKATZ WITTENBORG ADDITION, I Hennepin County, Minnesota Parcel B: The south 50 feet of the north 100 feet of Lot 2, Block 1, DUKATZ WITTENBORG ADDITION, Hennepin County, Minnesota Parcel C: That part of Lot 2 which lies south of the North 100.00 feet thereof, Block 1, DUKATZ WITTENBORG ADDITION, Hennepin County, Minnesota WHEREAS, the City Council considered and took public comment regarding the requested subdivision waiver on November 26, 2013; and WHEREAS, the City Council voted to deny the waiver on November 26, 2013; and WHEREAS, the City Council finds that the request proposes to subdivide the property in such a way that the lots will not meet the minimum area requirements of the Single-Family Residential (R) District, as specified by Section 514.11 of the Zoning Code and required by Section 500.13 of the City Code. WHEREAS, the City Council does not find that the property to be subdivided is of such unusual size or shape, or is surrounded by such development or unusual conditions that the strict application of the requirements of Section 500 of the City Code would result in a substantial hardship or injustice and thereby justify a variance or modification of the requirements. WHEREAS, the City Council finds that the requested variance or modification of the requirements of Section 500 would not be in character with the surrounding neighborhood and would not be in the best interests of the surrounding area. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, that a waiver for the subdivision of the Subject Property legally described above is hereby denied Adopted by the City Council of the City of Richfield, Minnesota this 14th day of January, 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT �GENDA ITEM# 3J REPORT# 10 STAFF REPORT ��' � '`'1 CITY COUNCIL MEETING .TANUARY 14, 2014 ' REPORT PREPARED BY: MATT BRILLHART, PLANNING TECH. NAME,TITLE DEPARTMENT DIRECTOR REVIEW: � ATURE � i OTHER DEPARTMENT REVIEW: - SIGNATU d�+ REVIEWED BY CITY MANAGER: � � - / ITEM FOR COUNCIL CONSIDERATION: Consideration of a request to extend a variance approval until September 19, 2014 to allow the construction of an addition to the home at 6800 Upton Avenue. I. RECOMMENDED ACTION: By Motion: Approve a six-month extension of the variance approval ranted for 6800 Upton Avenue. II. EXECUTIVE SUMMARY On March 19, 2013, the Richfield Hearing Examiner granted a variance to Ms. Kimberly Berger to allow construction of a 150 square foot building addition and associated porch at 6800 Upton Avenue. If a project for which approvals have been granted is not substantially underway within one year, the applicant must request an extension from the City Council. The approved variance expires on March 19, 2014. On November 12, 2013, the homeowner submitted a request for an extension of the variance approval. Due to difficulties with securing financing and finding a contractor in a timely manner, construction was unable to begin before winter. The homeowner states that they would like to begin construction as soon as weather permits in spring of 2014. 011414-6800 Upton-variance ext III. BASIS OF RECOMMENDATION A. BACKGROUND • The applicant was granted a variance from the minimum front setback and maximum impervious surface regulations to allow construction of a front building addition and associated porch. The applicant would have been able to build this addition by right, if not for the unusual amount of street right-of-way at the adjacent intersection. B. PoLICY • Subsection 547.11, Subdivision 12: The term of City approvals is one year. If a project for which approvals have been granted is not substantially underway within one year, the applicant must request an extension from the City Council. C. CRITICAL TIMING ISSUES • 60-DAY RULE: The 60-day clock `started' when a complete application was received on December 6, 2013. A decision is required by February 4, 2014 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. • The applicant's approvals are scheduled to expire on March 19, 2014. D. FINANCIAL • The required processing fee has been paid. E. LEGAL • N/A F. ENVIRONIVIENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S� • Deny an extension of the approved variance. The applicant must then begin variance application process anew. V. ATTACHMENTS ' • Resolution ' • Hearing Examiner's Variance Decision Letter, dated March 19, 2013 , • Letter requesting an extension, dated November 12, 2013 'I • Site plan I VI. PRINCII'AL PARTIES EXPECTED AT MEETING • Kimberly Berger, applicant ��. � � RESOLUTION NO. RESOLUTION GRANTING EXTENSION OF AN APPROVED VARIANCE AT 6800 UPTON AVENUE WHEREAS, on March 19, 2013, the Richfield Hearing Examiner granted a variance to allow an addition to the property at 6800 Upton Avenue; and WHEREAS, Subsection 547.11, Subdivision 12 of the Richfield City Code requires that substantial construction be completed within one year of approval, less the approval expire or the applicant requests and is granted an extension; and WHEREAS, the City staff has received a request from Ms. Kimberly Berger (the "Applicant") for a six month extension. The Applicant anticipates construction will begin in the spring of 2014; and WHEREAS, the City Council wishes to provide the additional time requested. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, as follows: 1. The City Council extends the variance approval granted by the Richfield Hearing Examiner for a period not to exceed six additional months. 2. The deadline for "substantial construction" is hereby extended to September 19, 2014. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of January, 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk � .,:� # , '� E �` '�"` _ ' . �i �f� � '� j , �� ��. t� ���� �` y�� ' �7° �.. ��__. �t� V������ �LViN�Oi\ �Y> CA�� td0.: 13-VAR-01 APt�LIC�4N'T: Kimberly Berger PF20PERTY LOCATION: 6800 Upton Ave S HEARINC EXAMINER: Paul Wasko APPEARAMCES: Matt Brillhart, Planning Technician Melissa Poehlman, City Planner Based upon fihe evidence presented at the hearing, the undersigned makes the following findings of fact, determinations, and decision: �IfVDING� OF FACT 1. Notice of public hearing was proper. Notice was published in the Sun- Current and mailed to properties within 350 feet of the site as required by City Ordinance. The ten day notice requirement was also met. 2. The street address and legal description of the property in question are as follows: 6800 Upton Avenue South; Lot 1, BJock 6, Tingdale Brothers Lincoln Hills 3�d Addition, Hennepin County, Minnesota. 3. The zoning of the site in question is 'R' Single-Family Residential. 4. The variances requested are from Subsections 509.25, 514.11 Subd. 2, and 514.13 Subd. 2 of the 2007 Zoning Code. The variances would allow the applicant to construct an addition of 150 square feet to the front of the house that would exceed the minimum front building setback and maximum ailowable impervious surFace limitations. 5. The reason for the request is that the property owner would like to make improvements to fihe property and the proposed addition would be permitted, were it not for the usual amount of road right-of-way at the adjacent infi�r�ection. 6. A decision is being made within 60 days of the submission of a complete application. The applicanfi submitted a complete anplication on January 28, 2013, requiring a decision by March 29, 2013. � '� ��°.� D�TERIVIIN�6TIONS Minnesota Statufes Section 462.357, Subdivision 6, provides for the granting of variances to the literal provisions of the zoning regulations in instances where their enforcement creates a practical difficulty to the owners of the property under consideration. In determining whether to grant or deny the requested variance, I specifically make the following conclusions 1. Would strict enforcement of the literal provisions of the ordinance create a practical difficulty for the applicant in that the property owner is proposing to use the land in a reasonable manner that is not permitted by an official control? i hfield Zonin Code 1 conclude: Strict enforcement of R c 9 Subsections 509.25, 514.11 Subd. 2, and 514.13 Subd. 2 would create a pracfiical difficulty. It is reasonable for the property owner to construct an addition fhat will allow construction of a new foyer, expansion of the living room, and stairway to the basement. 2. Are there unique circumstances or unusual conditions affecting the property or building which were not created by the landowner? I conclude: Unique circumstances affecting the property and which were not created by fihe land owner exi�t. Front�uilding ' Setback: The way in which this property was platted, with sharply rounded corner� and additional public right of way, significantly reduces the size of the front yard. If not for this atypical platting, the proposed addition � would be in compliance wifih minimum setback requiremenfis. Impervious Surface: Single�Family Residential impervious surface limitations were not adopted by the City until 2007. At that time. this property became legally non-corrforming. The unusual way in which this subdivision was platted reduces the size of corner lots by approximately 460 square feet. 1'hi� additional space would aliow for the proposed addifiion by right. � 3. Will the granting of the variance alter fihe character of the neighborhood? I conciude: Granting fihe variance will not alfier the �haracter of the neighborhood. The completed project will not impair an adequate amount of light an air to the alaut�ing prope�y, increase danger o� fire, endanger public safety, substantially diminish property values or have a defrimentai or injuriou� impact on surro�nding properties. Thi� property is located within the Richfield� � �.�i � �loomington Watershed District, which does nofi regulate impervious surfiace on single-family fots. '� 4. Is the variance being requested the minimum variance necessary to alleviafie ' the pracfiical difficulty? I conclude: The variances requested are the minimum nece5sary to alleviate the practical difficulty. T'he propo�ed addition would not require any variances if nofi for fihe unusual manner in which the property was platted. 5. Will the granting of the variance alter the essential character of the locality? I conclude: The variance requested will not alter the essential character of the locality. The requested variance will allow for an addition to the fronfi of an existing home. No neighborhood or environmental impacts are anticipat�d, 6. Is the variance requested in harmony with the general purpose and intent of the ordinance and consistent wifih the Comprehensive Plan? I conclude: The variance requested is in harmony with the general purpose and infient of the ordinance and consi�tent with the Comprehensive Plan. Ordinances and Comprehensive Plans are intended to �rotect healtM, safety and welfare and fo ensure harmonious development. The requested variances are in keeping wifih these general purposes. - 7. Are there any stipulations which must be attached to the granting of the variance to ensure compliance and to protect adjacent properties? (If yes, specify stipulations under"DECISION" below). I conclude: (circle one) Yes No DECISION Based upon the determinations, the request is APPROVED. STIPULATIONS: NONE IVOTE: THIS VARIAAICE WILL EXPIRE ONE YEAR AFTER THE DATE ISSUED UIdLESS THE CONSTRUCTION WORK REQUIRING TWE VARIANCE HAS BEEId CONlPLETED. _ �� . . . �7 ��� _ ) yi APPEALS Any party not in agreement with the decision of the Hearing Examiner may appeal the decision by delivering a notice of appeal within ten days of the date the decision is filed. The appeal shall be to the Board of Adjustment and Appeals c/o Community Development Director, 6700 Portland Avenue South, Richfield, MN 55423 HEA G EXAM�NER CITY OF RICHFIELD DATE: � ' � ` Copy: Nancy Gibbs, City Clerk Rick Regnier, Building Official � � (3r y�K+TJ 'V, �.l 1�209� i ,.: �:� 11/12/2013 ��� To whom it may concern: RE: 6800 Upton Ave S We need an extension to our variance,which expires the end of March 2014. We were unable to secure financing in a timely manner, then once financing was in place, could not find a replacement contractor, as our contractor took on other jobs. Now we have found a contractor, have financing, but it's too late to start the project with winter upon us. To give us enough time for winter to be over with � and safely dig and construct we are unsure if we could even start as early as March 2014. April seems to be the better safer month; of course this depends on how long winter lasts, and how early the ground decides to unfreeze. I would like the Variance extended to September of 2014. Kind Regards, _ j�����._--`.. Kimberly Berger I . �ts•� ,� � � t PUBLIG ALLEY i i i m i i `° � � � I , � i , N 1 � 46�_4. I I � I i i I i � i i , � I � 35'-0" I � 8'-10" '-2" 24'-0" � i � � I I I i � � I rn ' I i � ��O � i I �Nm V I i 80 � NN � � i C� � � I <� n' i I � ! Z � I TI TR T � i N 1 � � 1 � S ; i � � i j y i b I �m � I i i bD � I .Z oi ' � _i �M � J� m �I � �i 30'-0" 5'-0" 5'-0" � � 6'-4" 35'-0 � i 9'-6� � � i � a � i � A � I i � �I � mi I �i � , i wi i �� � =I � �i I i i i i i i . i � i i t i -�-�---•-•-•-•-•-•-•-•---�-•-•---•-�-•-•---•-•-•-•UPTON AVE S; � •-•-•-•--�--- --�-•-•-•-•---•-•-•---�-�-------•-•-•-•-•-•-•-•-•-i AGENDA SECTION: CONSENT � AGENDA I"TENi# 3K REPORT# 1 l STAFF REPORT � � CITY COUNCIL MEETING JANUARY 14, 2014 REPORT PREPARED BY: ROBERT HINTGEN,UTII,ITY �,I SUPERINTENDENT , NAME,TITLE DEPARTMENT DIRECTOR REVIEW: � SIGNAT(IRE OTHER DEPARTMENT REVIEW: � N/A /-' � SIGNA 1,� REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing the Source Water Protection Grant agreement between the City of Richfield and the Minnesota Department of Health. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the Source Water Protection Grant agreement between the City of Richfield and the Minnesota Department of Health (MDH). II. EXECUTIVE SUMMARY The City applied for and was awarded a matching $10,000 Source Water Protection Grant. This grant will be used to upgrade security at two of the seven City owned well-houses. The upgrades include the installation of: • cameras, • lighting, and • door switches. 01142014SourceWaterProtectionGrant IIL BASIS OF RECOMMENDATION A. BACKGROUND • The City of Richfield applied for and was awarded a $10,000 Source Water Protection Grant. This grant is a matching funds grant with funds becoming available January 1, 2014. The City has budgeted for this and is required to provide a match of$10,000. • The grant funds will be used to upgrade security at two well-houses. The upgrades include: • installation of new security cameras, • lighting, and • door switches. • The improved security will discourage any tampering with the well- houses. All activity will be recorded and on display using the water treatment plant's security system. • A similar grant was awarded to the City in 2012 which allowed security upgrades to occur at three of the seven well-houses. This is a recurring grant and the Water Department will apply for more funding in the future for additional security upgrades. B. PoLICY • Minnesota Statute section 465.03 requires that the City approve a resolution accepting the funds of the grant money. C. CRITICAL TIMING ISSUES • Terms of the grant agreement are January 1, 2014 through June 15, 2015 (funds must be spent by June 15, 2015). D. FINANCIAL • This $10,000 grant is a matching funds grant. • The City's portion will come from the 2014 Water Department Budget, line item 51000-6103 (Professional Services). E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S� • Choose not to approve the resolution, which would void the acceptance of the grant. V. ATTACHMENTS • Resolution • MDH Grant Agreement VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ���I .� . RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO A SOURCE WATER PROTECTION GRANT AGREEMENT WITH MINNESOTA DEPARTMENT OFHEALTH FOR $10,000 TO BE USED FOR SECURITY UPGRADES AT SELECTED WELL HOUSES. WHEREAS, the Richfield Water Department, has applied for and received a Source Water Protection Grant in the amount of$10,000; and WHEREAS, The City intends to use these funds to upgrade security at selected well houses; and WHEREAS, Minnesota Statutes section 465.03 requires every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution adopted by a two-thirds majority of the City CounciL NOW, THEREFORE, BE IT RESOLVED, by the City CounciJ of the City of Richfield, Minnesota, as follows: 1. That the City Council of the City of Richfield hereby authorizes the City Manager to enter into the Source Water Protection agreement with Minnesota Department of Health in the amount of$10,000. 2. Appropriate City personnel are authorized to administer the funds in accordance with the grant agreement and terms described by the Minnesota Department of Health. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of January 2014. Steven Devich, City Manager ATTEST: Nancy Gibbs, City Clerk .� .��o�F ��•� 1 _��� °��°�������°�°X Encumbrance INorksheet Att�ch to all confracfs., ranfs, and amendments Venc%rlVame: Ventlar Number: . Gify o.f Richfield - - �� �.� 'r -.. . _. _ . .:.. . ... ... . .._ ._ .,.... ,:. _.. ,.. . . .,. . _ _... .._ _ __. .. Address: Federal Employer l.D.orSocial Sec.urit,y#: 1909 �asf 6��h.sfreef � 47-600549U _ . . ..... .... ... ..... City,�tate,Zip: Minnesota Tax I.Q.No.�if appllaa;bl�): Richfiet�l,MN 554�3 Starting�iscal Year: 24�14: Tota[Amount af Amendment: �10,OOQ _ . . SXart b�te; 01l01/2U1� Er�d Date:6/30/20�15 A;cco,u.ntin:g Informatio;n • �isaal l'ear 1 .. . ... . .. _....... . ._. .... . . ............_ . ...... ... . . .. . __ .. . _ . . Fund A.e:pt lb A�pr ID Projeaf 1D ActiviEy ID Ainoun� 23:02 : H723 2'139 1-f1�555P . _ _$ '10.;Q0.0 _ . _ H12� � $ H':1.23 $ . GFD�1#(if Federal$j • Fiscal Year 2 _ . .. .. . ... .: . . _ . _.... . . . Fund Dept ID Appr tD Project ID Activify CC� Amount °.H'123 $. _ _. � H723 � _. .... ... .. . .. ..... ... .. _ _ _ . _ _ . _._ . .. ._._ . _ .._ . _ H123 - . . . $ ' CFDA,�(i�Fe�leral$) . • t " _. . , Fiscal Year 3 , � __ ..... .... . .. . .. . ... . _ . ... .. . . _ Fund Rept ID Appr ID Project ID Activity Tb Amounf ', H�z� � . '� _ . _ _ . - ,� H12.3 . .. ..... .... , � . . .. , _.... .. . . _ _ .. _. . . � �H'1.23 � '�I 'G�DA�.(if.Fe�erat$� ' Financial Ma�na emerit Onl , . �4.-� �3 ra - ..,.ix�, r .�. v c y �t, .� a,, .�, . a :_. � . � .� i� �� � � �---y Authari{z,,��Ced S�c�nature fars�kFkr rk, � x,' - "� � ` }t�� ;, y Da�e'�1 ,E „ �� ��, , �r �t ,3 , � �� E�GUmF71t{nCi�:.���'��::i r� yg ,.x z -x, S, ,..� �.� £• �'a � t . � �' ��, 2,�'�a�f � . # ... �r c �-�: . C� �'�,t � �2'..L � -�::r� �-��u. 3�Y t `�u -€�� :; �° �i�`, 4h. L 3�:L5 f Y' 'Yf:X' eP �'�Q �� ,F-��'.- ;p 9- }ej -� ,� :e, x c. . - Contracf Number �A ty,r '� �j� �.-.'$� - } r�s ..e:� .�?:l:,r .K. ; r�?r..i.`��.`,���Il�O�et�. ..i;�.r;r, 1.��:..� 'a z -[r ';�' �.: f ik �'`�' . L 1� Z� � ' , _ � .-"u ,y �. '�, �,r ,xn zy, ��� �-c-.t'-'�f-r �. ? _�'d a _t t�,4" - , � z:'�I � -��`,..j �'�K�S�'�;C� 'k,.� �b ' �.�-Y'�tad- k ..; s `s" .:�7 .i �Purcha�e O�deryl�umper�� -� z� � � � °icl� ' fi�.:3` ' ...,;.� �5our�e�iTy�3eF�, r y �.r`r"��k�...�v,� , ��� -€ .�t �. Y t.��r ',�'S a.t�'v— a e 1- � s x � s r 7 `v- .� �S t �r s e . � : �� �S �rE�` '��' T s .� - i � d�.� a'x�.c .#d f � � r }.:.i ,'�. i � -r'�+,�°xr � rz �^, � ti 3�{ rt � ` �.� ��. iCategory��Qde #� , ,� , � � � � 4 ',� � � � _ _ �4cco�nt ID �.k , ,1,. �, �`. "' : t �, !S' F'-�...t.,i�_.. .,n. ..2.y � :� .e. -'� fi i .�'t€ t�.' } . h 1 L� - � ai'� 1 t :y ' �i. .. .. .... . _ . ..._. :� 1. �... . .' .,s -.�."_. . . . .� , , .. -`.f_ .� St..� t ..`ulc" . . . . . . ._ _ . . . . . NOTE: This page of fhe AgreetrienPCnnfracf confains confidenfla!informatFon an:d should,not be reproduced o"r dlsfributed external(}�tvifhoutivritten.. petmis�ion irom.t/ie Vendoi: /nfemal.oircu/afion of fhis pa��shouid orily:be to tndivldualslo�ces sTgning thfs Agreemept Confracf and those fhat Cequire access fo tfie.lax Pdentifi,cafion pumber � . � �j=� � Standaril GrantTemplate Version.l,2 � . r� Grant:AgreeirieritNiimbBr ' " .C:. Behveeitthelvlirinesot�DapartmenCofHealtharid.CityofRiehfield _ � , � Minnesota Department of Health ' � Grant Agreement This graiit agreeri?ent%s befweeri the,State.ofMinn:esota;actirig througli.its Cammi�sior�ex ofth� Departiile�t of Healfh("�tate"�:arici City of lt�chf elrl ("C'rrantee"�, Grante�'s acldress i.s�901 East:&_6t�'Sti�eet; Richfie�d,J:VIN 55423. � :l�ecitals 1l Under:Minnesota Statutes §11.4I),50 Clean Wa.ter Fund;�he State.is empowered�a enter inta thrs Grarit. Agiee�i?.erit. 2. The�tate is in need o�assisting�ulilic water suppliers to protect th.e source of clrinking water, . , . . 3, Tlie Grantee��piesents fliat it is c1�Iy quaiif"�ecl ar�d�ill pa��o��ri all�E�e�.uf_'ies t�escxibecl in tk�is ag�eeriaent to t�ie satzsfactioi�`bf the Sfa�e: Pur�u�n`t to IV�iririesota��ta�tites §16B,98,.sulicl. I,the Grantee.agrees tii mxnirriize adrrii�iistxafive:cos��:as a coi�diti�ri of tliis graiit: Grant Agre�ment � : :. 1. Tei�i�ii ofAg�eeriterit. . . 'LI Effective tl�cfe Janua.zy l,2414,o'r tlie date tlie State.obtains alT�equiied 5igiiaCures iiri�.e�Minne�ota S'.tattifes §'1�C,;OS,s�.�cl,2,.whiche�!er is Iater. The G�'antee�uix�t nat�i'egin�voxk�ntil this �oin�raet Xs�ully exec�ted and tl�e�tate':s A�uthorazerl Represe.ntative has noti�e.'d,the Gir�ntee�tha�v�ox k may comm�nce; . 1:2 Expit�ration rlcite Jurie 30,2015,�r until all obligations�a��beeri fulfillecl to tlie'satisfaction of t e , :State,which.ever occurs fxst. � � . : , - - X.3 ,S'u�yiv�l vf Teyms The:follovvii�g cf,�uSes su�vrve the ex�ixation oi�cancellat�o�ofthis gianti o�n�r�ct: 8. Liabili"ty; 9,.�tafe A�c�its; 10,1 Government Data Fia�tie��, ,10;�I7ata'Disclo�t�t`e; �4_I �ublicity;.14.2 Enc�orsement;.and I 5,Gov�rn�i�g Law,ru'ri�dzction,an�..Ven.ue. 2. Gft��fee'sDulies 'The Gr�ntee,who�s not a State emplo�ee,s�a11: '• . :. � Cprnplete fo the.sahsfacfion of the S�ate.all t��t�e�o��ovving�iuti�s:. -Tnstall$ecu�xty c�rne�as at the Ricl�field xnunicipal vvells#� and,#2 - - C'r�ar�.tee.agre.es tha.t n.o system of tivater su�ply foi publio irs�shall be installed,alte�ed or�xterided uritil �! . comp�ete plans and specifications for t1?e installatzon,alteration�r e�tension have been submitted and ' apprave�b_y the�t�.te;and.no construction,Sliall#a�e'�lace exceptin accordance with the approved plans;�o gra:�t.f-�nc1s can�e�sed pt•it�r fo apprbv�l�f tlae pla�ns. - 'I'1ie Girante�shall use the Clean Wat�r:Laiicl and.I,egacy A.meiic�ent logo on a11 inaterial�thafi are , purehasezl o�pxoduc€d unc�er this Grant A.greement(equipment;repo�ts;publications,displays,vicleos), ;. , _ , , : �.n�lectroriie capy`of`�lie Iog.o ystill be�nade ava.ilal�le to tl�e Granxee Failtire to display the logo may . ��� �� xer�der the Grantee ineligib�e for reimbursement. - Upon complet�ori.af t�.e pr��ect Gz•antee shall submit a.Grarit Narrativ�Report(Exhibit A)and a Grant Invoice(��hibit B).The Gz�ant Narrative Repoi�t arzd the Crrant I'rivoice.sha11 be clue no latex�han�he : eXpiration day of tf�'is Grant Agreem�rit. . = Ori,or before fhe end date�of this Agreement,the Grantee shall provide th,e State vi%ith:oi�e electr4nic copy o..f all fi��.l�rQdizcts procluoed.iincler-�his Gr��t Agreex�e�f,.iric.l�tding;ieports;dataTiases, publications;so£tvc�are aiicl vic�eas: , - T'he Crrantee shall�ubmit an ifexruze�.invoice for th�total cc�st a�tl?.e projacf, . , . - The Gxantee sliall�?ay in:�ull any licensed c�ntracto:x�urect for the p�ii�io��of coim�leting�riy v,�orlc iinc�er th�s�rarit Ag�eement wi't�iin 1�da�s of r��eiving payine�t fi:oii�the Stafe: � In:fihe event�he C'rrarite�is ui�able to liegii�gi�ant activities or to satisfactorily per�orm t1�e c�uties ,. _ _. . - specif ed in this grant agreement,in�luding but not limited to.paying the contractor in,ft�ll for a�l worlc. . . : perfoxmed by t11�contractor,tl?e Gran�ae s�all rernit t�the State 5withi�i fve da.ys of d�ix�and.all amounts paiti to��.e Gfan�ee�aui�suant to this Gran-�.A��eemeri�rrii�us any actual e�perise�i�eurred a�d specifically autlio�i�ed,in aclvarice;by the S:ta�e anel °which�are do�uzrierifect l�y�tleqt�ate irivoices acceptable to the Sfate: . -� Grant�e s7�all pravide an equal cosf share(ofel'igible f�znds in cash)�o�each wo�k i�em In�C"ind contribution�are not aecept�cl. 3,: .Ti.'�e Tbe Grari�ee mi�st oomply with a1X.duties witliiri the t��e�equirernerits descrilied.ir�.tkiis Grant Ag�eerrient. fihe.�tate is.�ot obligatea fo e�tencl this Agreem'ent.In the:pe'r�oi7ra.ance of tlus Crrant�lgreement, . tiine is:of the e�s.e�ice,.ancl failui`e to ineet a deadlii�e may`�e a basis�ar a�teterminati�n by the�fate's . i Au��orzzecl Repxesentatzve that the Granf�e has not complied with the t�rms o�the Gtant Agreement and xequire � ', the�xantee ta remit t�the Sta�e all�.mount_s previqu�ly paid to the C�7rantee, , ��I 4. �G'oiisi�er�tivn i�riil Pc�yme�it !, . ,�lgi em n a�follQVVShe�tate will pay for atI ser.vices per�qi�neal by�h�Grantee und�r this C'rrant I � �i�) Co»rp,eta;siifion The Graritee vUill �e p��cl�.ccoi�ing to�lie follawing bxeakdown of costs: ' Activit.y �rant:Arnount.. . .... .. Gost.:Shaxe. . ... . Pu�cf�as�secur..ity.eameias. . . .. . . _ . .. . . . . ..._ $7,004 �7;00:0 ..... ..: ..... _ .. ...._ .._... . _ , Iristall cairieras a�id ligkiting $�,000 $.3,000: � • . _ Tota� � � .. � . :$10�400.. . . ; $lQ.;�O�. . . __. _ __.... � T.OT�I, _ . _ �2O,Q0� {b) Ti�i�vel�xpe�ises The Graritee shall not be�eim�uised for aiiy tfavel oi subsistence eXpeiises wliatsoever . . � (c) Totcrl`�6lzgntiora The total o`�ligation of�he St�te fo�aIl cornpen�ation a.nci re'rmbui sements t4#h,e Grante� under this Grant.Ag�eement will not.exceed.$I0,000(ten thousand do�lars�. � �d) C�aritee wiil submit an:irivoice for the total cost ci�`the project. i/ �i s�° (e) By submitting an irivoice for the�otal cost of the project Cnantee c�rtifies that the cost share requi.rern.ent of$I O;p00 (ten tlioiisana dollais)h�s bee�z met: (fi Zf.the total.cost of the pro,�ect ancts up�emg less than$20,000'(twerity thousand dollars)the Gxantee ag.rees to contrib�tte a minimum cos$share�of 50%ofthe total cosf ofthe pro;ject, 4.2 Te�iias of I'ayment • (c�) Inyoices The State�yai1l pr..omptly��.yth�Grantee�fter the Gxaritee p�tesents an�itemized : invoice for the services actu,ally�erformed and the Sfate's A�thori�ed 12eprese�tativ�ac.c�pts the 'invoiced se�va.c�s: Invoices mi�s�be suhmi�ed sn a-timely�ashion,up�n complc:tion o;fthe s�r�ices, T�i�Sfate cloes not�iay ri�.erely foi'the pas:s�ge of time. • (b�"A11 t1�e.grant documentation(Grant Nai�rative Re�poz-t, Grant In�oiee,ifemized Ynvoice�s),�Iegfronic cop�es)must be subinitted in an�pacicet'by either emaiX or maij�Tha Grantee shall.use t11e fo�IoWing �n�.ling ac�dress.: . , Atii�i. Crzsti:ria Covalscli� Souxce W atez l?rotection. M"innesota Department o�H��lth . . P�Box:�4975 St..Fau1;MN 55154-Q975 �'c). If t�e�irial invoiee is not receivecl b�the Stat��ef�re tlie ei�d date.af this Cnaiit Agreenie�.t,the Grantee�nay�oxfeit tihe�nal payment. � (dJ If�ecessitatecl by the�at�e o:�the project;the Giar�.tee:is allovt�ecl.to�rea.�locate up to 10%of t�,e ainount or�giia;a�ly av�rarded'foi'�a give�:expense cafegory�o anoth�i appio�red.ca�egory�vithout obtainirig » ..... _. p�rxrizsszori from the State. Should the Giantee�n�it necessax�y to ze-liu�g�t the Gra�it beyoricl tl�e 10%0 reallocation aliowance, a written ar e-mail request:must be submitted to fha State�or approVal.. � G`onditioi�s ofPt�yyttet2t A�1 services pr.ouiciecl b�G�aritee pursuarit to this Agieem�nt:x�,iist ba'pe�forxii�d to fhe satisfacfiori c�f the.Stafie,as detei�niiiecl iri th�sole clisc�etion of ifs Authoi�izecl Repr�sentat�ve. :Fii�.�ther,alI �ervi�es providect liy t�ie Grantee must be in accozd with all applicable fede�al,State,and�ocal Iaws,ordinances, x�l,es and reg�latior�s, Th�Gr�ntee vvi11 not�e pai�.fox woxk:that the��kate deexns tiu�zsatis�acfory,or performed in violation o�fecleral, �tate._or locallaw,�sdu�ance,_rule or�egulafioxi. 6. Aut/iorizetl Rep�esentiitives 6.:X State'sAutlio��ize�l.R�p�ese�f�tive The State':�Authorizecl R.epi:ese.nfatiye.�o�purposes of , _ - _ ac�mi�istering this agreement�s C�'istlna Covalschi,SWP C"rrants Coord�nator;phone:.551 201-4596, adtiress 625 Rab�r�Str�et N;PO Bo�64975;Saint Faul;MN SSl 64=0975, err�ail acldiess: C:r��tiria:Covalschi@State.rrin,us;oi�her successox,�ii:d lias the�responsibility to mozutQ�tk��Gr.�nt�e's 'I perfioi7rianee ancl the final:aizthori{y to accept�h�seivices p�ovided un�er this agreenierit. If•tli� services are satisfactoxy,the State's Authorized Representative will cerEzf�-aaceptance on eacli invoice ' submitted for payment, , ' 6.2 G�i�ntee.'s Arct�io�ized Representi�fiv� The Graiitee's Authorized Repres�ritative i.s .Robert Hiritgen, Utilities Stiperintenc�erit,acic�iess: 1901. East 66th Street,Riel�fielcl,lVlN 5��23;phone: 612 8b19`165.. The Grantee's Authorized R�presentativ�has fi�ll authorlty#o rep�esent�the G�rantee iri fu�fillment of tlie - ' � ir��.r� i j� �.�! <_r' . .. terms,cond'ztions;'and:iequirements of tkus agreement. Tf the Gi•antee selects a new Authaxized . R,epre�entative at any tim.e d..ulirig tlii:s agr.eeiner�t;the Grantee xr�ust�inm�diat�ly not�fy the Sta.fe: 7 Assigtt�ert�,Amenr�tnents, Weriver�, r�nrl Merger ' _ 7.� Asszgnment The Grantee shail,�either assign nar t�`ansfer any rights ox oblxgations ixncler tllis Agreement withqut the_�?rior writi�en-c'onse�it of th�sam�p.a�ties v�rhQ:e��cuted aziel approved t�iis Agr�etiaent, oi their successoxs in.offzce. - 7:•2 Ameniliner�ts If`there are any amendments to tlus Agreement;they must be in Wr.t�ing. . Amendments�yi11 not be ef�ectzv��ntil they�iave been executed and apprc�ved by the sam�parties vw�o. exscufed and�p�roved t�.a oxiginal Agr.eement, or their succes�ors iri offi�e: � � 7.3 T�Y�zvei• Yf`the State falls to erifti�ce ariy provisiori of tii�is�.gie�ment,that;failuTe does i�dt v,raive the �rovision or tlie Sfiate's right�Eo�riforce it. _ _ ._ . 7;� 1Vle�•get• This Agreement contaii��aI1 the�e�otiatiqns ancl agreements between.�the State an�."the Grante�, Nb othe�un.d.erst.�nding regarc�ing thi�Agxeement;whether wxitten o�r o�:a�.,may be used to bi�� e�th:e�:paz�y. . 8. Liic�'ali�,y Eacliparty vvill l�e respoinsible�or its owri acts ari�.behava�rs aild the results'thereof'I'he , Ntiianesota Tort CIatri�:s Act,_Mirinesota Statutes section 3.�36,and other applicable laws goyearn�the State's � liability..Th�Grantee's l.iabz�i�:is�;overned by the 1Vl�nnesQta I�Iunicipal TQZ�Claims A�ct,Mii?n.esota�tattutes ck�apt�r 4�b an.� other appli�able.Iaws. - • 9 St�te�liiclits Pii�suarit to.Miiinesota Statut�s �],6G:d5,subd. 5,tlie Grantee's i?oaks,recaxc�s,clocuinerits, . . . . .... . - aiid accouri�ing pxo�edures an�pract�ce�:ofthe,Crrantee,dr any other relevant p�xty:ar fransact�on,ase su �ect to exarrtination by the State,:the S#ate Auditor,and the Leg%slatiye Auditor,as apprapriate,fox a minimum of six . (6)yeax��`ro�?.the en�of tliis Grant Agreeme�t,receipt arxd approval of a1X�rial repoi�s;or the xequir��.�p�riad of txme to satisfy alI State and pio,g�ari�zetentio�.xequireiia:�nts,�vvliicliev�z is later: , 10 �oyer�zmentDc�tr�.P��ctr'ces nncl.,a�z�ciDi�closut�e - Yl1.1 Gover�rne��T)czt�c Pt�rctaees Piir�ua�.t�to 1Vlinneso�� Statutes Cliapfe�J.=3,t1i�Gx�antee.aiizl t�e �, � Sf�te inust co�iiply.wzth�he Minrie�ota Govel�ii?:e�t Data Practices A.ct as Xt appl�e�to all data p�ovided �� by tlie°State uriclei this agiee�nent,�xi.d_as.it applies to a11 elata created;collectecl,��ceivecl,sto�ed,iised, �, fiiaintainec�,or.di'sseininated 1�y tha Grantee undex tliis Giant Agreexnent, The civil remedies of '� lulinneso�a Statu.tes § 13;08 apply to the release:of tli�data,re�enect to in this alause�?y either th�Grantee �r the State: If the Grantee receives a ir�:quest to release t�ie c�afa referred ta in tlus clause, Che G�aii'tee must . 'iiniriediat��y riotify the Sfate. Tlie State�vill.give tk��Gratltee iiistructioris concerning the release of the ,, . � c�ata to tlie-��quest�i�g pai°ty before any data is released. `The Grante�'s xespon�e to the request must camply with th�appiicabl�lac�v. �. 1'.0..2 Drzt��rs�loszit�e Pursuant to Miririesota Statutes ��2'70.C,65,subd. 3�a�icl a11 Qtlier appli�able . law's;the Grantee�orisents to disclost�re of its soaial security riumbex,fed:eral.employee tax identificatioii nuinber,ariel Minnesota tax identi�cation number,all ofvwhich have already beer�provided to the State,to feclex�l and State ta�agencies and State personn�l involved in:t�.e payment of State : : . obli�ations. These.identification..t�un�bers rnay be used in.the enforcernent of federal arid State t�:laws . whi�h.cotil.d result i�i action requirin.g the Grantee to.file State tax retui�ns ancl pay deliriquerit State ta� liabilities, if ariy. f .,1 . . �..���:. y�,'� 5 .11. Owi�ersliip of Mez�e�itzls�ntZlntellectzctcl Property Riglits II.l 4wners7tip of lt2�trterzitls The State sha�X own all rights;fiitle an�iriteies�i`n.a11 o�fhe materials conceived or createcl by the Giantee,or its eiia.ployees or sub-Grantees��iflier ii�dlviclually or jai�itly with others and which arise out of the p.elfo2mance ofthis grant agreement,including any inventioris,ireports, , �tudie�,designs,tlxawings,��?eaifications,notes,documents, software and c�ocumentation,computer b�.sed trairiing ia�aocluleS,�electxonic.ally,magriencally or�dlgitally�ecordec�mateizal,an�.otl�ex work in w�i:atever form("m.aterials'"). The Graritee hereby assigris to the State all i-iglits,tit1�and irifexest ta t1i�mafe��als. The Graritee shall, � :upon request ofthe State,execute all papers and.perforni all othei acts necessary tb assist tlie Sta"te to _ obtain and register copyrights,�?atents o�other forms of prafiection provided by law for the matexials, The matexials cxe�.ted uncler this grant ag�.eeme���y the Grantee;its exnployees or sub-Granteess indivldually or�ointly v�%ith otheis,sl�all be consid�r:ed."wor�CS made�or 1ii�e" as define�by`�he United �tate��opyr.ig�it..Act. t�,.71 of tlie xnat�rial�.,vvhet�.er in paper,-e�,eatroriic;o�o�l?.er�oirri,sh�.l�be rexriitteci 'ta�lie.State 1?y t�e.G�rantee. �ts emp�o�ees�i5:cl any sub-G"rantees�fiall not copy,reprt�duce,�llow os� ca�se to have t1�e.materia�5 copied,reproduced or usec�for any purpose other than�e�formance of th�. Gr�n�ee`s abligation�u�c�er thzs grant a�reement w�tliout the prior writ�en consent of th�°State'�. . ' Authorized R�p�resentative= : X1'�� I�fellect�aC:Pt�op�r�t,y RigYafs Grantee repres�nts arict warrarzts tk�a�xnateriais ptaduced ot usecl under thi's g�an�agreement do not an�.vvill not infii�:ge.upoi�:an,y irifellectt�alp�operty r�gh�s af ano�her incluc�ing but rzot limited to pat�nfs,copyright.s,trade secrets,trade names,and:sei�vice marl�s a�.cl iiaxi�.es. Grante�sl�all indemnzfy and defend th.e State,at Giantee's expense,from ar�y a�tion�r claim broug�t a.gai�st-the�tate to the eXtent that it is b�sect on a�laim that alI or part�af the mater%als in�ring�upon _ . . . the.iiitellectual property riglits o�another: .Grante�s�iall b�xesponsiJile fo�.payzzae�it:c�f an,y and�ll s�.ch claizns, clernari�s,obligatio�ns,l ialiilities, o:ost�,arict daanages irictuclirig;but�ot limited.to,reasoiiable attorney fees arising.out��this grar�t agresment;arrienc�ments and su�i�l_erimenfis th�xeto,w�icl�are .. _ _ , . - .. . attxxbutable tQ s�.ch claim�or:actions.If such a claim Qr action arises o�in Grante�'s or the�tate's - .� . :. � t � � - .. .. .. ...• : L_ �. r _ • � op�uon rs likel�to aiise, Crraiitee slialX a�t�ie°State s discretion elthei:p�rocuie foi the State the�ight or license to coritii�ua usiiig tlie materials at'iS;sue or zeplace oi rriodifq th�a1l�gedXy infxingirig mate�ials. Thi�xerriedy shall be in.adc�itiori to and sfiall not b�exa�usiv�Qf othex�eine�lies provid�cl by'.laW. .�2. Wo�k���s�Competrsalir�ri Th�Grante�ce��tifi_es t�at it is in compliance with 1Vlinnesota Statutes §176.181., subd.2,va�?i.ch p�rtairis to vvorlce�s`comper�satior�insrl�ance cove�aga. Th,e C`r.rantee`s employees and agents,.an.�. an�contr�ctoi hY�r.e,cll?y tlie C'rrarit�a to peirfo�ri?.tYie woxk rec�tured b.y this.Grar�t.Agl.eeriierit ai�d its employees, will riot be�onsicie�•e� �tate etnployees. :Any claiir�s that may��ise u�itler the Mi�esofa��aikers' Conape�satio.n..Act oxi:belialf of these.em�l4yees, and any cla.iin's rnatte by aiiy thir�.party as•a consequen.ae of any�ct or omiss�on on tk�e part.of these employee�,are in no waythe State's obligation or re5pon�ibility. 13. Pr�cliCz�ity�nc�E'ttclors�ment . 1�..T ,Publicit,y Ariy publicity given fo the progiain,publicatzons;.or sexvaces proVic�ed iesultirig froiii this grant�:agreement,incluc�'ing,but nof�lirnited to,notices,infQrmatioi�al pamphlets,pz`ess�eleas�s, r�search,reparts;s�gns.,and similar put�li�not'zces prepar�ed by or for t1�e Grantee or i�s employees iridiviclually oi,��ir�tly vt�ith o�hers,or aixy su�=G'rrantees sha11 ide�fi�the Sta��as the sponsorix�g agency I and s1ia11 not be released withaizt prior written approval by the State's A,�thorized R�presenfative;unless I, sucli relea�e is a specifi�pai�t Q�an a���oved v¢ork plan uicluded in,this gran�agreement. ' � 13.2 Enc�o�sement The Grantee must not claim that the State endorses its products or services. X 4 .T`e�'rnina�'zosa ' . j`, e(A�t,y. ��� a.� v 14.1 Te�mintr�zon b,�the S`tc�te The�tate ox Grantee inay caricel tliis Grant.Agreement at ariy tizne, � wit�.o��w`ithotit.eause,upon�lul�ty(30)days vvritteri�,otice fio the other party. • � 14.2 Termination fof�Cause If�th�Grantee fails to comply vvith any of the�rov�sions of this Grant .A.greernent,�the State may terminate this Grant Agreemen�without prejudi:ce to the rigkt o�the S#ate ' to racover any mnri�y�revi:ously paid. The terniination shall be effective five busi�es�days after the � State mails,by.certi�ed ixaail;'rc�urn receipt requested;vv�ritten�ioti�e af terminatiozi to tlie Graritee�t , its last knovvn atldress. � _... 14:3 �'ermantclion f4rlr�sz fficzetit�`itnc�rng The State.may imxnedi�.te�y ter•minate tivs Agreemen�if it . :. _ -. . = . i�oes not obtain funding from the Min�esota legislatu�e or ot�er furzd.�n�sourc�;or��fundir�g cannot l�e . con�inued�t a Iey�l suff.icient to allow far the payment o�the'v,iork scape coveieci.in this Agieeim.ent, Terrriinat�ori rnust be 1?y written or facsirriile notzce to the Giantee: Th�State is not obIigated to pay for . any worl�,perfoixiied afte��iotice arid effec�ive date of th�tei�riination. However,the Giaritee will�e erititled to payzneiit,cieteri�inecl on a pro i�ata basis,_�or services satis:faetoxily per:foi�rnetl to the ext�nt .. . _ . that func�s ase ayai�able, The State will not be asses_sed any penalty if`this Agreement is termrnated because a�th.e de�is�ori offhe 1V1int�esota legislature;oa Qtl�er fiincling soit�ce,xiot to appropziate fiuicls, Tlie.�tate xn�st p�dv�de the G�antee not�ce of the lac�c of fiindYrig�tluri a xeasonab�e time o�tlie State r�cei.�irig notice of tha sarrie: ' IS. Gove�nirigLafv,Jiirisiliction; r�nrl Yetaue This Cna�.tAgreem.ent,and amendrnents and supplements to it,shall.be governed by t�e laws _of the State of Minne�ota.Veriue fo�all legal proceedings a�iszng�ut of this gr�nt agreement, ar for bre�ch the�eof; sha11 be in the St�te or federal court vFrith co�npetent�urisdiction xn Ramsey County;IVtin�esota. � � TN WITNESS`W.�IER.EOF,the_pai�ties have eaused fhis g;raint agreement to be.duly ex�eute�l.iii�eniiing to be bound thereby. . . . APPRQVED: I: Grantee ' Z: �TATE A�ENCY Tfte Grdnfe'e cert�es t/iat!he appropt�iafe per"so�tsrs}he�ve 2reculed tlre Grazit Agreen7�nt ap�rbvdl a�ecl�ertifrcatton.t{iat S7'ATE�rrrds likve beeri gra�r]�gree�nenf o,n bei�alf of I}`ie C`ir uritee as re�rirecl byapplicable enc.iinibe��eil a.fi�•enit.rrecl.by��lrrri.StqG¢�16�l.15 ptid 16G05. nnc�les byla�vs,r•esolutrons,or ar�7inavices. • � ay: $y: � . _ .. _. _ . w (witli deIegated authority} 5teven L. Devicl� Tifle; Citv Man,ag�r Title; A�te: �-/14/2 014 � Date: i �y� . .� Title:_ � llate: Distr�ibutiont A�gen�y—Ot�igi�ral��Ilyexsctrte�l)Grat�t.�lgi�eern@�at . Grirntee ' StAde At�fhorized Representzrtiv� ' AGENDA SECTION: CONSENT AGEI�TDA ITEM# 3L REPORT# 12 STAFF REPORT � r �' CITY COUNCIL MEETING .TANUARY 14, 2014 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: d SIGNATU2E OTHER DEPARTMENT REVIEW: � N/A SlGNA RE i� REVIEWED BY CITY MANAGER: � � ITEM FOR COUNCIL CONSIDERATION: Approve and accept a one year amendment to the 2009-2013 Master Grant Contract (MGC) from the State of Minnesota, Department of Health for calendar year 2014 that is designed to administrativel simpli the review of rant a reements of local public health a encies. I. RECOMMENDED ACTION: By Motion: Approve and accept a one year amendment to the 2009- 2013 Master Grant Contract (MGC) from the State of Minnesota, Department of Health for calendar year 2014 that is designed to administratively simplify the review of grant agreements of local public health agencies. II. EXECUTIVE SUMMARY The City of Richfield receives several grants that originate either from or through the Minnesota Department of Health (MDH). On November 25, 2008, the Richfield City Council approved of a Master Grant Contract with MDH for the 2009-2013 grant cycle. Examples of some of the grants the City receives from MDH are: Local Public Health grant funds, Public Health Emergency Preparedness grant funds and Statewide Health Improvement Program (SHIP) grant funds. The Master Grant Contract (MGC) is designed to administratively simplify the review of grant agreements for community health boards (CHBs). It is important 0114Mastxxx because it applies to all grants that MDH distributes to CHBs. MDH is extending the current master grant contract for one year to allow adequate time to gather feedback from CHBs and MDH about the use of the Master Grant Contract, to review terms and conditions and to consider potential language changes that may , be needed for the next five year grant cycle (2015-2020). It should be noted that , Health Administrator Osborn has authority, by resolution, to sign the agreement on ' behalf of the Board of Health (City Council) but that it should also be approved by the City Council. III. BASIS OF RECOMMENDATION A. BACKGROUND • The City of Richfield receives several grants that originate either from or through the Minnesota Department of Health (MDH). On November 25, 2008, the Richfield City Council approved of a Master Grant Contract with MDH for the 2009-2013 grant cycle. Examples of some of the grants the City receives from MDH are Local Public Health grant funds, Public Health Emergency Preparedness grant funds and Statewide Health Improvement Program (SHIP) grant funds. • The Master Grant Contract (MGC) is designed to administratively simplify the review of grant agreements for community health boards (CHBs). It is important because it applies to all grants that MDH distributes to CHBs. MDH is extending the current master grant contract for one year to allow adequate time to gather feedback from CHBs and MDH about the use of the Master Grant Contract, to review terms and conditions and to consider potential language changes that may be needed for the next five year grant cycle (2015-2020). B. POLICY � • Health Administrator Osborn has authority, by resolution, to sign the grant contract on behalf of the Board of Health (City Council) but that it should also be approved by the City Council. C. CRITICAL TIMING ISSUES • None D. FINANCIAL • Failure to approve of the master grant contract would result in grant funds being held by the State until a contract is approved. E. LEGAL • The Minnesota Department of Health requires that an approved master grant contract be on file from each local public health agency receiving funds. • This extension has been discussed with the City Attorney so she is aware of the situation and supports the extension. F. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S� • The City Council could decide not to approve the extension of the State's master grant document for grand funds received for calendar year 2014 ' which would result in funds not being dispersed from MDH to the City. V. ATTACHMENTS • 2014 Master Grant Contract with the Minnesota Department of Health. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None l-1 3 M I N N E S 0 T A MINNESOTA DEPARTMENT OF HEALTH ' MASTER GRANT CONTRACT DEPARTMENTOFHEALTH FOR COMMUNITY HEALTH BOARDS THIS MASTER GRANT CONTRACT, and amendments and supplements thereto, is between the State of Minnesota, acting through its Minnesota Department of Health (hereinafter"STATE") and City of Richfield CHB, an independent organization, not an employee of the State of Minnesota, address 6700 Portland Avenue South Richfield, MN 55423 (hereinafter"GRANTEE"), witnesseth that: WHEREAS, the STATE,pursuant to Minnesota Statute §144.0742 is empowered to enter into a contractual agreement for the provision of statutorily prescribed public health services; WHEREAS,the STATE and the GRANTEE anticipate entering into project agreements with respect to one or more individual grant projects; and WHEREAS, the STATE and the GRANTEE wish to streamline the project agreements for individual grant projects by incorporating by reference the provisions of this master grant contract. NOW, THEREFORE, it is agreed: L TERM OF AGREEMENT This master grant contract shall be effective on January 1, 2014, or upon the date that the final required signature is obtained by the STATE, pursuant to Minnesota Statute § 16C,05, Subdivision 2, whichever occurs later, and shall remain in effect until December 31, 2014 except for the requirements specified in this master grant contract with completion dates which extend beyond the termination date specified in this sentence. The STATE will enter into project agreements with the GRANTEE for individual grant programs and responsibilities within this aforementioned time frame. The expiration of this master grant contract is not subject to appeal. The following clauses survive the expiration or cancellation of this master grant contract: VI. Liability, VII. State Audits, VIII. Data Practices Act, IX. Ownership of Materials and Intellectual Property Rights, X. Publicity, XII. Antitrust, XIII. Jurisdiction and Venue, and XIV. Disputes. IL CONDITIONS OF PAYMENT All services provided by GRANTEE pursuant to this grant contract shall be performed to the satisfaction of the STATE and in accord with all applicable federal, state, and local laws, ordinances, rules and regulations. GRANTEE shall not receive payment for work found by the STATE to be unsatisfactory, or performed in violation of federal, state or local law, ordinance, rule or regulation. A. FEDERAL FUNDS: When payments are to be made from federal funds obtained by the STATE, if at any time such funds become unavailable, this grant contract shall be terminated immediately upon written notice of such fact by the STATE to the GRANTEE. In the event of such termination, GRANTEE shall be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. B. STATE FLJNDS: When payments are to be made from STATE funds, if at any time these STATE funds for this grant become unavailable, this grant contract shall be terminated immediately upon written notice of such fact by the STATE to the GRANTEE. In the event of such termination, GRANTEE shall be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. Master Grant Contract# 12-700-00080 Page 1 between the Minnesota Department of Health and City of Richfield CHB 9/2013 c���� III. CANCELLATION A. If the GRANTEE fails to comply with the provisions of this master grant contract, the STATE may terminate this master grant contract without prejudice to the right of the STATE to recover any money previously paid. The termination shall be effective five business days after the STATE mails, by certified mail, return receipt requested,written notice of termination to the GRANTEE at its last known address. B. The STATE or GRANTEE may cancel this master grant contract at any time, with or without cause, upon thirty (30) days' written notice to the other party. IV. ASSIGNMENT GRANTEE shall not assign,transfer, or subcontract any rights or obligations under this grant contract without the prior written consent of the STATE. The GRANTEE is responsible for holding any subcontracting entities to the same standards required of the GRANTEE. V. AMENDMENTS Any amendments to this grant contract shall be in writing, and will not be effective until the amendment has been fully executed by the same parties who executed the original of this grant contract, or their successors in office. VI. LIABILITY GRANTEE shall indemnify, save, and hold the STATE, its representatives and employees harmless from any and all claims or causes of action, including reasonable attorney's fees incurred by the STATE, arising from the performance of this grant contract by GRANTEE or GRANTEE'S agents or employees. This clause shall not be construed to bar any legal remedies GRANTEE may have for the STATE'S failure to fulfill its obligations pursuant to this grant contract. Nothing herein shall be construed as a waiver by GRANTEE of any of the immunities or limitations of liability to which GRANTEE may be entitled pursuant to Minnesota Statute, Chapter 466, or pursuant to any other statute or law. VII. STATE AUDITS The books, records, documents, and accounting procedures and practices of the GRANTEE relevant to this grant contract shall be made available to and are subject to examination by the STATE, including the contracting Agency/Division, Legislative Auditor, and State Auditor for a minimum period of six years from the end of the term of this grant contract. VIII. DATA PRACTICES ACT The GRANTEE and the STATE shall comply with the Minnesota Data Practices Act and other applicable laws as they apply to all data provided by the STATE in accordance with this grant contract and as they apply to all data created, gathered, generated or acquired in accordance with this grant contract. IX. OWNERSHIP OF MATERIALS AND INTELLECTUAL PROPERTY RIGHTS This clause IX shall not apply to any grant projects involving the Special Supplemental Nutrition Program for Women, Infants and Children (WIC Program). A. Except as provided otherwise in Minnesota or United States law, the GRANTEE shall own all rights, title and interest in all of the materials conceived or created by the GRANTEE, or its employee,s or subgrantees, either individually or jointly with others and which arise out of the performance of this grant contract, including any inventions, reports, studies, designs, drawings, specifications, notes, Master Grant Contract#12-700-00080 Page 2 between the Minnesota Department of Health and City of Richfield CHB 9/2013 ���'� documents, software and documentation, computer based training modules, electronically, magnetically or digitally recorded material, and other work in whatever form ("MATERIALS"). The STATE agrees to, and hereby does, assign all rights, title and interest it may have in the MATERIALS to the GRANTEE. The STATE shall, upon request of the GRANTEE, execute all papers and perform all other acts necessary to transfer or record the GRANTEE'S ownership interest in the MATERIALS. B. GRANTEE represents and warranis that MATERIALS produced or used under this grant contract do not and will not infringe upon any intellectual property rights of another, including but not limited to patents, copyrights,trade secrets, trade names, and service marks and names. GRANTEE shall indemnify and defend the STATE, at GRANTEE'S expense, from any action or claim brought against the STATE to the extent that it is based on a claim that all or parts of the MATERIALS infringe upon the intellectual property rights of another. GRANTEE shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to, reasonable attorney fees arising out of this grant contract, amendments and supplements thereto,which are attributable to such claims or actions. If such a claim or action arises, or in GRANTEE'S or the STATE'S opinion is likely to arise, GRANTEE shall at the STATE'S discretion either procure for the STATE the right or license to continue using the MATERIALS at issue or replace or modify the allegedly infringing MATERIALS as necessary and appropriate to obviate the infringement claim. This remedy of the STATE shall be in addition to and shall not be exclusive of other remedies provided by law. C. The GRANTEE hereby grants to the STATE a perpetual, irrevocable, no-fee right and license to make, have made, reproduce, modify, distribute, perform, and otherwise use the MATERIALS for any and all purposes, in all forms and manners that the STATE, in its sole discretion, deems appropriate. The GRANTEE shall, upon the request of the STATE, execute all papers and perform all other acts necessary, to document and secure said right and license to the MATERIALS by the STATE. At the request of the STATE,the GRANTEE shall permit the STATE to inspect the original MATERIALS and provide a copy of any of the MATERIALS to the STATE, without cost, for use by the STATE in any manner the STATE, in its sole discretion, deems appropriate. X. PUBLICITY Any publicity given to the program, publications, or services provided resulting from this grant contract, including, but not limited to, notices, informational pamphlets,press releases,research, reports, signs, and similar public notices prepared by or for the GRANTEE or its employees individually or jointly with others; or any subgrantees shall identify the STATE as a sponsoring agency and shall not be released, unless such release is approved in advance in writing by the STATE'S Authorized Representative. XI. ENDORSEMENT The Grantee must not claim that the STATE endorses its products or services. �, XII. WORKER'S COMPENSATION The GRANTEE certifies that it is in compliance with Minnesota i Statute, §176.181, Subdivision 2, pertaining to workers' compensation insurance coverage. The GRANTEE'S employees and agents will not be considered STATE employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the STATE'S obligation or responsibility. Master Grant Contract# 12-700-00080 Page 3 between the Minnesota Department of Health and City of Richfield CHB 9/2013 ���� XIII. JURISDICTION AND VENUE This grant contract, and amendments and supplements thereto, shall be governed by the laws of the State of Minnesota. To the extent litigation is not prohibited by section XIV of this grant contract, venue for all legal proceedings arising out of this grant contract, or breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. XIV. DISPUTES Any dispute shall be decided by the STATE'S Authorized Representative for the particular grant project that the dispute concerns. The STATE'S Authorized Representative will be identified in each project agreement between the STATE and GRANTEE. If GRANTEE is dissatisfied with the decision of the STATE'S Authorized Representative, GRANTEE'S sole and exclusive remedy , is an administrative hearing before an administrative law judge under the contested case procedures of ', the Minnesota Administrative Procedure Act, Chapter 14 of the Minnesota Statutes. Pursuant to Chapter 14,the administrative law judge shall make a repart to the Minnesota Commissioner of Health,who shall make the final decision on the contested case. If GRANTEE wishes to request an administrative hearing, GRANTEE must request a hearing in a writing received by the STATE within 30 calendar days after the GRANTEE'S receipt of the decision of the STATE'S Authorized Representative. The decision of the Minnesota Commissioner of Health shall be subject to judicial review as provided in the Minnesota Administrative Procedure Act at Minnesota Statutes, §14.63 to 14.69. XV. OTHER PROVISIONS A. Ownership of Equipment Disposition of all equipment purchased under this grant shall be in accordance with Title 45, Code of Federal Regulations, Part 74, Subpart C. For all equipment having a current per unit fair market value of$5,000 or more, the STATE shall have the right to require transfer of the equipment (including title)to the Federal Government or to an eligible non-Federal party named by the STATE. This right will normally be exercised by the STATE only if the project or program for which the equipment was acquired is transferred from GRANTEE to another. If the GRANTEE receives funding for the WIC program,the Ownership of Equipment language outlined in the WIC project agreement supersedes this clause XV (A). B. Contractor Debarment Suspension And Responsibility Certification Federal Regulation 45 CFR 92.35 prohibits the STATE from purchasing goods or services with federal money from vendors who have been suspended or debarred by the federal government. Similarly,Minnesota Statute, §16C.03, Subdivision 2,provides the Commissioner of Administration with the authority to debar and suspend vendors who seek to contract with the STATE. Vendors may be suspended or debarred when it is determined,through a duly authorized hearing process,that they have abused the public trust in a serious manner. In particular,the federal government expects the STATE to have a process in place for determining whether a vendor has been suspended or debarred, and to prevent such vendors from receiving federal funds. By signing this grant contract, GRANTEE certifies that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from transacting business by or with any federal, state or local government department or agency; and 2. Have not within a three-year period preceding this grant contract: a)been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in Master Grant Contract#12-700-00080 Page 4 between the Minnesota Department of Health and City of Richfield CHB 9/2013 ��J� connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract; b) violated any federal or state antitrust statutes; or c) committed embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; and 3. Are not presently indicted or otherwise criminally or civilly charged by a government entity for: a) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public(federal, state or local)transaction; b)violating any federal or state antitrust statutes; or c) committing embezzlement,theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; and 4. Are not aware of any information and possess no knowledge that any subcontractor(s)that will perform work pursuant to this grant contract are in violation of any of the certifications set forth above. C. Audit Requirements 1. If the GRANTEE expends total federal assistance of$500,000 or more per year,the GRANTEE agrees to (1) obtain either a single audit or a program-specific audit made for the fiscal year in accordance with the terms of the Single Audit Act of 1984, as amended (31 U.S. Code Chapter 75) and OMB Circular A-133; and (2)to comply with the Single Audit Act of 1984, as amended (31 U.S. Code Chapter 75)and OMB Circular A-133. Audits shall be made annually unless the grantee is a state or local government that has, by January 1, 1987, a constitutional or statutory requirement for less frequent audits. For those governments, the federal cognizant agency shall permit biennial audits, covering both years, if the government so requests. It shall also honor requests for biennial audits by state or local governments that have an administrative policy calling for audits less frequent than annual, but only audits prior to 1987 or administrative policies in place prior to January 1, 1987. 2. The audit shall be made by an independent auditor. An independent auditor is a state or local government auditor or a public accountant who meets the independence standards specified in the General Accounting Office's "Standards for Audit of Government Organizations, Programs, Activities, and Functions." 3. The audit report shall state that the audit was performed in accordance with the provisions of OMB Circular A-133 (or A-110 as applicable). The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public Accountants' (AICPA) audit guide, "Audits of State and Local Governmental Units," issued in 1986. The federal government has approved the use of the audit guide. In addition to the audit report,the GRANTEE shall provide comments on the findings and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary, a statement describing the reason it is not should accompany the audit report. 4. The GRANTEE agrees that the grantor, the Legislative Auditor, the State Auditor, and any independent auditor designated by the grantor shall have such access to GRANTEE'S records Master Grant Contract# 12-700-00080 Page 5 between the Minnesota Department of Health and City of Richfield CHB 9/2013 ;��,°� and financial statements as may be necessary for the grantor to comply with the Single Audit Act Amendments of 1984, as amended (31 U.S. Code Chapter 75) and OMB Circular A-133. 5. Subcontractors of federal financial assistance from GRANTEE are also required to comply with the Single Audit Act Amendments of 1984, as amended (31 U.S. Code Chapter 75) and OMB Circular A-133. 6. The Statement of Expenditures form can be used for the schedule of federal assistance. 7. The GRANTEE agrees to retain documentation to support the schedule of federal assistance for at least four years. 8. The GRANTEE agrees to file required audit reports with the State Auditor's Office, Single Audit Division, and with federal and state agencies providing federal assistance, within six months of the grantee's fiscal year end. OMB Circular A-133 requires recipients of more than $500,000 in federal funds to submit one copy of the audit report within 30 days after issuance to the central clearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East lOth Street Jeffersonville, Indiana 47132 Attn: Single Audit Clearinghouse D. Dru�Free Workplace GRANTEE agrees to comply with the Drug-Free Workplace Act of 1988, as implemented at 34 CFR Part 85, Subpart F. E. Lobb�g The GRANTEE agrees to comply with the provisions of United States Code, Title 31, Section 1352. The GRANTEE must not use any federal funds from the STATE to pay any person for influencing or attempting to influence an officer or employee of a federal agency, a member of Congress, an officer or employee of Congress, or any employee of a member of Congress in connection with the awarding of any federal contract,the making of any federal grant,the making of any federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. If the GRANTEE uses any funds other than the federal funds from the STATE to conduct any of the aforementioned activities, the GRANTEE must complete and submit to the STATE the disclosure form specified by the STATE. Further,the GRANTEE must include the language of this provision in all contracts and subcontracts and all contractors and subcontractors must comply accordingly. F. E ual Emplovment Op ortunity GRANTEE agrees to comply with the Executive Order 11246 "Equal Employment Opportunity" as amended by Executive Order 11375 and supplemented by regulations at 41 CFR Part 60. G. Cost Principles The GRANTEE agrees to comply with the provisions of OMB Circular A-21,A-87 or A-122 regarding cost principles for administration of this grant award. Master Grant Contract# 12-700-00080 Page 6 between the Minnesota Department of Health and City of Richfield CHB 9/2013 ��-� � H. Rights to Inventions—Experimental. Develobmental or Research Work The GRANTEE agrees to comply with 37 CFR, Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements" and any implementing regulations issued by the awarding agency. I. Clean Air Act The GRANTEE agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act as amended(42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). J. No Smokin� With respect to facilities over which the GRANTEE has control,the GRANTEE shall prohibit smoking in any area of the hospital, health care clinic, doctor's office or other health care-related public facility, except as allowed by Minnesota Statutes, §144.414, Subdivision 3. K. No Conflict of Interest The GRANTEE hereby assures that no interest exists, directly or indirectly, which could conflict in any manner or degree with the GRANTEE'S performance of services required to be performed under this grant contract. L. No Obli�ation to Renew Neither the STATE nor the GRANTEE has an obligation to renew this grant contract. XVL APPLICABILITY TO INDIVIDUAL GRANT PROJECTS Unless otherwise specified in the individual grant project agreement, clauses II and IV through XV of this master grant contract shall apply to all project agreements entered into between the STATE and the GRANTEE between January 1, 2014, and December 31, 2014, inclusive. �', 'I Master Grant Contract# 12-700-00080 Page 7 between the Minnesota Depaztment of Health and City of Richfield CHB 9/2013 M' jy �s I � IN WITNESS WHEREOF,the parties have caused this master grant contract to be duly executed intending to be bound thereby. APPROVED: 1. GRANTEE: 2. STATE AGENCY: GRANTEE certifies that the appropriate person(s) Master grant contract approval as required by have executed this master grant contract on behalf Minnesota Statutes §§16A.15 and 16C.05. of the GRANTEE as required by applicable articles, by-laws, resolutions, or ordinances. By(authorized signature) By(authorized signature) Title: Title: Date: Date: By(authorized signature) Title: Date: Master Grant Contract#12-700-00080 Page 8 between the Minnesota Department of Health and City of Richfield CHB 9/2013 AcENDA SECTION; CONSENT AGENDA ITEM# ;M REPORT# 13 STAFF REPORT �/ � ' CITY COUNCIL MEETING �TANUARY 14, 2014 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES DNISION MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: � � SIG ATURE OTHER DEPARTMENT REVIEW: � N/ �-_ ls i' SIGNAT REVIEWED BY CITY MANAGER: " � '� t�._-��-�' , ITEM FOR COUNCIL CONSIDERATION: Approval of a resolution appointing Health Administrator Osborn as the Board of Health's (City Council) agent on matters relating to the Minnesota Department of Health as it relates to Richfield's Local Public Health rant. _ I. RECOMMENDED ACTION: By Motion: Approval of a resolution appointing Health Administrator Osborn as the Board of Health's (City Council) agent on matters relating to the Minnesota Department of Health as it relates to Richfield's Local Public Health rant. II. EXECUTIVE SUMMARY The Minnesota Department of Health requires that each Board of Health (City Council) appoint an agent who may be reached between board meetings by agents of the Commissioner of Health in case of, for.example, a disease outbreak or a problem related to other public health responsibilities. The Minnesota Department of Health requests that this information be updated. This was last done in 1993 and is simply a housekeeping item that needs to be accomplished to meet the State Statute requirements. Health Administrator, Betsy Osborn, has been the City's agent since approximately 1988 and will continue to act in that capacity on behalf of the City Council. To avoid any confusion, it should be noted that the Board of Health is technically the City Council while the Advisory Board of Health, which is 0114Agentxxx made up of citizens, is an Advisory Board to the City Council on health related matters. III. BASIS OF RECOMMENDATION A. BACKGROUND • In both 1990 and 1993, Health Administrator Osborn was appointed as the Board of Health (City Council's) agent with the Minnesota Department of Health in the event there is an issue or a problem that the State needs to contact Richfield staff. This is simply a housekeeping effort to update that Board of Health (City Council) agent designation and have it be more current and in keeping with State Statute requirements. • Health Administrator Osborn will serve as the Board of Health's (City Council's) agent in communicating with the Minnesota Department of Health, submitting the required Local Public Health plan, annual budgets and necessary expenditure reports. Any contracts executed by the Board would be handled by Betsy Osborn, Health Administrator, as the Board's agent. B. PoLicY • Health Administrator Osborn has been named at the Board of Health's (City Council's) agent both in 1990 and again in 1993. An updated resolution is necessary at this time. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • Appointing an agent to the Board of Health (City Council) is one of the requirements that must be met in order to remain eligible to be able to continue to receive Local Public Health funds from the Minnesota Department of Health. E. LEGAL • The City Attorney has reviewed this document and has approved of it. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION S� • The Council could decide not to appoint the Health Administrator as the Board's agent with the Minnesota Department of Health. This would mean that the City of Richfield would not be in compliance with the Local Public Health Act until another agent had been named. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 3n�-! RESOLUTION NO. RESOLUTION AUTHORIZING to Appoint an Agent to Act on the Board of Health's behalf regarding Public Health Responsibilities WHEREAS, Resolution No. 8002, approved by the City Council on April 12, 1993, is superseded by this updated resolution; WHEREAS, the City Council acts as the Community Health Board ("Board') for the City of Richfield by virtue of its authority under Minnesota Statutes, Chapter 145A, in accordance with the Board's articles and bylaws, and by this Resolution of the Board adopted at a scheduled meeting held on January 14, 2014, hereby appoints and '� authorizes the following person(s) to act on the Boards behalf and bind the Board for the following purposes ; NOW, THEREFORE, BE IT RESOLVED that the Richfield City Council hereby appoints and authorizes the following person (s) to act on the Board's behalf and bind the board for the following purpose; 1. To serve as the Board's agent according to Minnesota Statute 145A.04, Subd. 2, to implement the provisions of the Local Public Health Act (Chapter 145A of Minnesota Statutes) including, but not limited to, the authority to remove or abate threats to the public health such as a public health nuisance, source of filth or cause of sickness found on any property, and initiate action to recover the costs of enforcement, pursuant to Minnesota Statutes, Sections 145A.04 Subd. 8 and 145A.08. Designation of authority includes communicating with the Commissioner of Health and disseminating that information to the Board, as well as providing information to the Commissioner of Health on the Board's behalf. Name: Betsy Osborn Address: 6700 Portland Avenue South Phone number: 612 861-9881 Fax: 612 861-9824 2. To sign and submit to the Commissioner the prepared Community Health Plan, revisions to the Plan and activity reports submitted according to Minnesota Statute 145A.10, subd. 5a and 10. Name: Betsy Osborn Address: 6700 Portland Avenue South Phone number: 612 861-9881 Fax: 612 861-9824 �����_ 3. To sign and submit to the Commissioner the Board's annual budget, revisions to the budgets, and expenditure reports submitted according to Minnesota Statutes 145A. Name: Betsy Osborn Address: 6700 Portland Avenue South Phone number: 612 861-9881 Fax: 612 861-9824 4. To sign and execute on behalf of the Board contracts for funding administered by the Commissioner of Health. Name: Betsy Osborn I Address: 6700 Portland Avenue South Phone number: 612 861-9881 Fax: 612 861-9824 This resolution authorizes the above referenced appointee to act on behalf of and bind the board to the extent and for the purposes indicated in this resolution. Passed by the City Council of the City of Richfield, Minnesota this 14th day of January, 2014. Debbie Goettel, Mayor Attest: Nancy Gibbs, City Clerk AGENDA SECTION: P. HEAkING � AGF,NDA ITER1# ,5 � REPORT# in ] STAFF REPORT �+ .� '' CITY COUNCIL MEETING JANUARY 14, 2014 REPORT PREPARED BY: MATT BRILLHART,PLANNING TECH. NAME,TITLL' DEPARTMENT DIIZECTOR REVIEW: � SIGNATURE OTHER DEPARTMENT REVIEW: � SIGNAT . REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing to consider approval of a Site Plan to allow a day care and pre-school facility servin u to 38 children at 6949 Nicollet Avenue. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the attached resolution granting approval of a Site Plan for a day care servin u to 38 children at 6949 Nicollet Avenue. II. EXECUTIVE SUMMARY Rayito de Sol day care and pre-school is currently operating out of space in Richfield High School, serving 38 children. The space they are currently leasing will no longer be available and they are seeking a more visible and convenient location. They have applied for a permit from the State to operate a day care and pre-school facility serving up to 38 children at 6949 Nicollet Avenue. A change in the use of a building requires Site Plan approval. This building was previously used as a retail bakery outlet. The property management company is aware of the significant site improvements that must be made to bring the property into compliance with City requirements. Plans to reduce existing impervious surFace coverage in order to meet or approach 011414—Site Plan Approval 6949 Nicollet current standards must be in place within one year of the date of this approval. All site improvements must be complete within 18 months. III. BASIS OF RECOMMENDATION A. BACKGROUND • On December 9, 2013, the Planning Commission took public testimony on this item and voted 6-0 to recommend approval with no additional stipulations. • One member of the public stated concerns regarding a high volume of motor vehicle crashes at the intersection of Nicollet Avenue and 70th Street. Staff reviewed crash data from 2001-2011 at this intersection and compared it to other nearby intersections with similar traffic counts. Crash volumes at Nicollet and 70th Street were similar to other intersections with county roads over the same time period. B. PoLICY • A change in the use of a building requires Site Plan approval. Licensed day care businesses not exceeding 4,000 square feet of gross floor area are a permitted use in the C-1 Neighborhood Business District. • Day care uses require one parking space per five enrolled persons. The proposed center will serve a maximum of 38 persons and thereby requires eight parking stalls. The proposed site plan includes nine parking stalls and at least one bicycle parking space. • An accessible parking space and loading area must be striped in accordance with ADA requirements. The applicant proposes to relocate the accessible parking space to the front of the building and modify the front stoop accordingly. • The site is legally nonconforming with regards to impervious surface coverage. The site is currently 88 percent impervious. The maximum allowed in the C-1 zoning district is 80 percent. There are opportunities to add pervious surface by strategically replacing portions of the parking lot and existing trash enclosure area with landscaping. • The applicant has indicated that they intend to add an outdoor play area, which could potentially bring the site into compliance with the impervious surFace requirement. The applicant will work with staff as their outdoor play area plans come into focus. If an outdoor play area is not added within one year of approval, the applicant will be required to replace the striped parking island with landscaping and/or add additional landscaping to meet requirements. • The site also requires landscaping improvements to come into compliance with the zoning code. At a minimum, a mixture of trees and shrubs shall be planted along the street edge of all parking lots at the rate of one overstory tree for every 40 feet of street frontage (on average) plus 25 percent of the ground covered by shrubs and/or perennials. The view to the parking lot should be screened to a height of three to four feet. These requirements may be met through boulevard plantings under a permit from the Public Works department. Final landscaping plans must be approved by staff. The City will retain a landscape escrow to ensure that improvements to site are made within 18 months of approval. • In evaluating a site plan, the City Council shall consider its compliance with the 7 criteria outlined in Subsection 547.13 of the City Code and further articulated in �he attached document. • The applicant is responsible for obtaining all required permits, compliance with all requirements detailed in the City's Administrative Review Committee Report and compliance with all other City and State regulations. Permits are required prior to the commencement of any work. C. CxITICAL T�nvG ISSUES • 60-DAY RULE: The 60-day clock `started' when a complete application was received on November 25, 2013. A decision must be given by January 24, 2014 OR the Council must notify the applicant that it is extending the deadline (up to a maximum of 60 additional days or 120 days in total) for issuing a decision. D. FINANCIAL I • The required processing fee has been paid. 'i E. LEGAL • Notice of the required public hearing was published in the Sun Current newspaper and mailed to properties within 350 feet of the proposal. • Due to staff error, notice of the Planning Commission meeting was not published in the Sun Current in accordance with State and Local requirements. Therefore, an official public hearing is being held in concurrence with the City Council meeting. • Though the Planning Commission did not hold an official public hearing on this item, the commission did take public testimony and consider the item on December 9, 2013. The Planning Commission voted 6-0 to recommend approval with no additional stipulations. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATNE RECOMMENDATION(S� • Approve the attached Resolution with additional and/or amended stipulations. • Recommend denial of the proposed Site Plan and change in use with a finding that the proposal does not meet Code requirements. V. ATTACHMENTS • Resolution . Full legal description "Exhibit A" • Site Plan approval requirements • Proposed and existing site plans; landscaping plans • Planning & zoning maps • Photos VI. PRINCII'AL PARTIES EXPECTED AT MEETING • Tim McLaughlin — Grootwassink Real Estate • Luisa Fuentes — Rayito de Sol RESOLUTION NO. �'� RESOLUTION GRANTING APPROVAL OF A SITE PLAN FOR A DAY CARE AT 6949 NICOLLET AVENUE WHEREAS, an application has been filed with the City of Richfield which requests approval of site plan to allow a commercial daycare facility serving up to 38 persons for the parcel of land located at 6949 Nicollet Avenue and legally described in the attached Exhibit A; and WHEREAS, the requested site plan has been reviewed by the City Council and meets City requirements; and WHEREAS, the proposed site plan will adequately serve the purpose for which it is proposed and will not have an adverse effect upon the public safety or general welfare; and WHEREAS, the City has fully considered the request for approval for the site plan. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The City Council adopts as its Findings of Fact the WHEREAS clauses set forth above. 2. A site plan for a commercial day care facility serving up to 38 persons as described in City Council Report No. , on the Subject Property legally described above is approved. 3. The approved site plan is subject to the following conditions: • Plans to reduce existing impervious surFace in order to meet or approach current standards must be in place within one year of the date of this approval. All improvements must be complete within 18 months. • Required plantings to screen the parking lot must be continuously maintained; • All trash must be stored inside the building; • Parking lot must be re-striped in accordance with the approved plan, includin� one accessible parking space and loading area and at least one bicycle parking space; . • All req uired parking must be available year-round. Required parking may not be used for the storage of snow or other items/equipment. • The applicant is responsible for obtaining all required permits, compliance with all requirements detailed in the City's Administrative Review Committee Report and compliance with all other City and State regulations. Permits are required prior to the commencement of any work; • Prior to the issuance of an occupancy permit the developer must submit a surety equal to 125% of the value of any improvements not yet complete. • This approval shall expire one year following the date of approval unless the use has commenced or a building permit has been obtained and construction begun. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of January, 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk �_:�. -�F.:; �w�b�•.M(�t.,i�-Nia Exhibit A ���.. 4 I All that part of the South 1/3 of the West 3/4 of the Southwest 1/4 of the Southeast 1/4 lying West of the East 660 feet thereof in Section 27, Township 28, Range 24, being also described as the South 133 feet of the West 1/8 of the South 1/3 of the Southwest 1/4 of the Southeast 1/4 of Section 27, Township 28. Range 24, West of the 4th Principal Meridian, according to the government survey thereof, subject to the rights of the public in the West 50 feet thereof for Nicollet Avenue as presently used or fo be used for the widening thereof, and in the Southerly 33 feet thereof for East 70th Street. (Abstract Property) ��� Site Plan Approval Requirements Subsection 547.13 a) Consistency with the various elements and objectives of the City's long range plans, including, but not limited to, the Comprehensive Plan; The Community Commercial district is intended to accommodate a wide variety of retail and service uses that serve residents of Richfield and the immediate surrounding area. The proposal is in keeping with these intentions. b) Consistency with the purposes of the Zoning Code;The proposal is in keeping with the purpose of the Zoning Code and the C-1 Neighborhood Business District. This District is intended to provide locations for low-intensity small retail and service businesses that serve the surrounding community. Licensed day care businesses not exceeding 4,000 square feet are a permitted use. The proposal is in keeping with these intentions. c) Preservation of the site in its natural state, insofar as practicable, by minimizing tree and soil removal, and designing any grade changes so as to be in keeping with the general appearance of neighboring deve%ped or developing areas; N/A d) Creation of a harmonious relationship of buildings and open spaces with the terrain and with existing and future buildings having a visual relationship to the proposed development; N/A e) Creation of a functional and harmonious design for structures and site features including: i. Creation of an internal sense of order for the various functions and buildings on the site and provision of a desirable environment for occupants, visitors and the general community; ii. Appropriateness of the amount and arrangement of open space and landscaping to the design and function of the development; iii. Appropriateness of the materials, textures, colors and details of construction as an expression of the design concept of the project and the compatibility of the same with the adjacent and neighboring structures and functions; and iv. Adequacy of vehicular, cycling and pedestrian circulation, including walkways, interior drives and parking, in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian, cycling and vehicular traffic and arrangement and amount of parking so as to be safe, convenient and, insofar as practicable, compatible with the design of proposed buildings, structures and neighboring properties. An accessible parking space and loading area will be striped near the front building entrance to meet ADA requirements. Adequate parking is provided on site and the proposed layout of parking stalls is an improvement over existing ' ��� conditions. Bicycle parking will be provided as required. The existing landscaping along Nicollet Avenue and 70t" Street will be enhanced to improve curb appeal of the building and provide required screening of the parking lot. The site exceeds the maximum amount of impervious surface allowed. The applicant will work with staff as they further develop plans for an outdoor play area adjacent to the south side of the building. A landscape escrow will be retained by the City to ensure that improvements to the site are completed and impervious surface requirements are met. � Creation of an energy-conserving design through design location, orientation and '�i e%vation of structures, the use and location of glass in structures, and the use of landscape materials and site grading; N/A g) Protection of adjacent and neighboring properties through reasonable provisions for such matters as surface water drainage, sound and sight buffers, preservation of views, light and air, and those aspects of design, not adequately covered by otherregulations, which may have substantial effects on neighboring land uses; No changes to surFace water drainage, sound and/or sight impacts, views, etc. are anticipated. � �,_.. � � �.., � i � / !, •F , i �0 4 � ,) � W v t;��� �� , I � � � 1�,, ,_J � '�� __ � \� �.� , �: . � �. � ' � N � � i J� J �Y � J� � � � �w4 ' .__ ' , . 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PROTEGT EXISTIN6 OGGUPIED AREAS �ROM z � � � � �`"� � � � �` GGE R15ER IN�ILTRATION OF DUST f�ND D�BRIS FROM �n tY � z � o i � � �nQ � N t� � p ` � GONSTRUGTION PROGESS. � � � Q � � � z `��__ ' ��-���/ 4. ALL DEBRIS IS TO BE REMOVED Ff�OM THE p� z � � Z - O I- R K A R E A A N D P L A G E D I N A P P R O P R I A T E �= d- w ►- � , WO _ p Q � X WASTE GONTAINERS UNT1L REMOVED �ROM THE � � � "� Q � � REFRIG � SITE. WASTE GONTAINERS TO BE MAINTAINED IN � � � GLA55RODM PLAY A GLEAN AND ORDERLY FASHiON. � C� W ' ROOM � 5. PLUMBINC� GONTRAGTOR SHALL TAK� GLA55ROOM ADEQUATE GI-�RE TO PROTEGT THE SANITARY � m INTEC�RITY OF THE BUILDIN6 PLUMBIN6 SYST�M � DURINC� THE PROGESS OF GONSTRUGTIDN O� � PLUMBINCC LOMPONENTS AND DURINC� ALL WORK v TD BE PER�ORMED. � v EXI 6. EMERC�ENGY LIC�HTS AND EXIT 51�N5 REFER TO ELEGTRIGAL SUBMITTALS FOR ADDITIONAL � INFORMATION. � 3 � OFFIGE ENT 7. LIC�HTIIv6 DESIC�N BY OTHERS. O � � 8. 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'� �'$"° . . -�:. � � � � y �x, ��'� 'L• # } � �.� �, a �, ''-��•��.,,�. AGENDA SECTION; P.HEARING AGENDA I'TEM� 6 REPORT# �5 STAFF REPORT er � '' CITY COUNCIL MEETING , �TANUARY 14, 2014 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NAME,TITLE DEPARTMENT DIlZECTOR REVIEW: � SIGNA7'U OTHER DEPARTMENT REVIEW: � � � N RE REVIEWED BY CITY MANAGER: � ' ITEM FOR COUNCIL CONSIDERATION: Public hearing to consider the preliminary and final plats of 6401 Penn Avenue (Fire Station 2). I. RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Approve a resolution granting final approval of a preliminary and final plat for 6401 Penn Avenue Fire Station 2 . II. EXECUTIVE SUMMARY As part of the Fire Station renovation project, the City undertook the platting of the property. The platting process offers the opportunity to review the property's title, review existing easements and other property encumbrances and, in this case, to simply the property's legal description. III. BASIS OF RECOMMENDATION A. BACKGROUND • Hennepin County has reviewed the preliminary and final plats. 011414-PH 6401 Penn Ave Platxxx B. POLICY • All plats of land must be approval by the City Council. • Preliminary and final plats are typically processed and acted upon by the Council simultaneously. • The plat will be recorded within 30 days of Council approval. C. CRITICAL TIMING ISSUES • The City Council approved the vacation of right-of-way easements at this location on December 10, 2013. That vacation shall be effectuated upon the approval this plat. D. FINANCIAL • N/A E. LEGAL • Notice of this public hearing was published in the Sun Current Newspaper in accordance with State and Local requirements. F. ENVIRONMENTAL CONSIDERATIONS • N/A T E RECOMMENDATION S II! IV. ALTERNA N ( � • None V. ATTACHMENTS • Resolution • Preliminary and Final Plat VI. PRINCII'AL PARTIES EXPECTED AT MEETING • None �� i RESOLUTION NO. RESOLUTION GRANTING FINAL APPROVAL OF A PRELIMINARY AND FINAL PLAT FOR 6401 PENN AVENUE WHEREAS, the City of Richfield ("Applicant"), has requested final approval of a plat for the property at 6401 Penn Avenue (Richfield Fire Station 2), in the City of Richfield; and WHEREAS, the proposed subdivision is to be known as RICHFIELD FIRE STATION 2; and WHEREAS, a public hearing was held on the proposed preliminary and final plat of RICHFIELD FIRE STATION 2 on Tuesday, January 14, 2014 at which all interested persons were given the opportunity to be heard; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, as follows: 1. The proposed plat of RICHFIELD FIRE STATION 2 satisfies the requirements of the City's subdivision ordinances. 2. Final approval is granted to the Applicant for the plat RICHFIELD FIRE STATION 2. 3. The Applicant must file the final plat with the Hennepin County Recorder or Registrar of Titles, within 30 days of the approval of this resolution. 4. Staff is authorized to make changes as required by the Hennepin County Surveyor's Office. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of January, 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk �.1/!� Prel iminary 0'1 at of. NOTES RI Cf-�FI ELD �Il?E STATION L `Utllities shown are from infarmation furnished by the City of RlchfielA,Center Point Energy antl Qwest in response to Gopher State One Call Ticket No.1232I0129 and are verifled where posslble. *Contact Gopher State 1 for utility locations before any constructfon shall begin.Phone 651-454-0002. `Bencb mark:Top nut of hydran[at the southwest corner of 64th Street West antl Oliver Avemie South. Eleva[lon=889.47 feet. 'Totat area:49,320 square feet Q.13 acres). � •Area of Lot 1:36,819 square feet(0.89 acre). 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' o — �y.- � �� � �} 5 S '�;:=•: � B � 1AHQg F f.-, 0 99,5,� � I � `_ LP�'flJghtPOle 0 U � - `li -� . � n° (' 1 c` Ponn.. u` T❑ Teie h I \ o $ �' '` - _� � ����� . q..�� - . _ o e 1 i um nous eue ce _..__ i _ - o. ..;.--- � �r O � ..._" . � � Yn Y I �� Z �� �: �� `.\� -�..�:. _ - -�' /4 s .o _. � �/4p. ._�i I OConcrete Surtace . 3.a C�J� � ...WO° � s Oec i s rt ��..- �a.��� \ . Y • 4� ._. ._._ _._.. . _ _ _ __-_ I � W —c—BUried Gas . . , . _ ,��e � � � \ � ��..`` :fp� � _... ...._- �r, -- - .-_-.- .._-_... ___ -. ' € � I�� — —BurledCOmmuniwtions . I 3 ' ' .<". _ - � - _ '_ .. ._ _'' '. ` — I o^, � f -- � \�`�� `i��"' _-�PU/ :...- i� .. _.__ ____ .._ .__ ._ _. _ � _ � ��J : M —BUded Elec[dc . C . __�"" .: , '."�, _ _._ .____ _. . _. .. .. . -"__ �_ ./� . 7° —FO—euded Fber Optics 4 b 4� � h�eers- ._ _ . .. . / . . - _ _ -._ . � � >3i ; _-: ',�'vP -' �- 35c._ -._ _ :/ / ._ _ . -._.._ _. .. _ , _ i _ A CAr� Gas Meter I i ! _ '__. . . ...-_- _ �_�_� ..._ -' ' , � _ _ RD �� '_ ;, ,�� : .' .� _ _ Zs,. i H. ln �$�.,.. i0.00 .:n; .. .. Cmm�knk Is�we / . ' � _ .j� � � • Roof Ora � , _. , , __._ . ._ �'..�. in __ . _ I !� '�.� ; •.-;- .e � �2 .78 - . _ _ .'.'__-_-_ __ ._.._._ � ,� c5. Curb Stop " r . � � , � � � I ; � �r.. � __- s �a.,,.� N89°30'1 W 328.78 >n� ` �-� �, _ i U South Iine of the North I50.00 feet of the\� \ � � ( �" "' � � , � EXlSTING BUILDING Sou[hWes[QuarteroftheNOrthwes[Quarter ` � ,�• " PROPER7Y OESCRlPTION � � of SecHOn 28,Townshlp 28�Ran9e 24 � I LL `T9 ' I ' L' Owner: Owner: . � i '�� � � _== � STERNER PROPERTIES,LlC W&K CHRISTOPHERSON . '4� �O� ^ � I CERTIFICATE OF TITLE NO.349219 b I . e.� � <��` u H �=- ;a b � The Narth 80 fe e t o f t h e W e s t 1 6 6 f e e[o f t h e W e s[1/4 o f t h e S a u t h w e s[1/4 o f t h e N o rt h w e s t I �jg91,� , .'� q� : i �y` I/4 of Section 26,Township 26,Range 24. I ("°rp�) I �(� I ( Su6ject[o an easement over the West 33 feet and also over[be North 30 feet thereof for " " 'EXISTING QUlLD11NG ( b I street purposes,as shown in deed Doc.No.339908; SubJect to certaln recial and building resMctions as contalneA in deed Doc.No.148639. CERTIFICATE OF TITLE NO.349217 The South 70 feet af the North 150 feet oF the West 166 fee[of the West t/4 of the Sou[hwest 1/4 of[he Northwest 1/4 of Section 26,Township 28,Range 24. CERTIFICATE OF TITLE NO.356146 7he North 150 feet oF the followfng describetl tract: 7he North 219.2 feet of the West Quarter of[he Southwes[Quarter of the Narthwest Quar[er oF Section 28,Township 28,Ra�ge 24, excepF[he North I50 fee[of[he West 166 feet[hereof. UTILITY STATEMENT I hereby certify that this preliminary pla[was prepared by me or under my direcdon and tha[I am '� a dury Licensetl Land Surveyor untler[he laws of the State of Minnesota. The underground utilities shown hove 6een locoted/�om liefd survey Dated[h(s 2ntl da of A ril,2013. inlormotion ond existing drowings. The surveyor makes no guarontee y p fhot the underground utilities shown comprise a�l such utilities in the orea, eifher in service or obondoned. The surveyor/uithe•does not REHDER&ASSOCIATES,INC. worront thot the untlerground ufilitias shown ore in the exoct location indicated, although Ae tloes certi/y thot they ore shown os occurotefy �_ „ , os possibie from inlormotion ovailobte. The surveyor hos not physically 0/1 Jl_ located the underground utilrfies. Thomas J.Ad m`Land 5 rv yor Minnesata Llcense No.9341Q Rehder and Associates. Inc. CML ENCINEERS AND LAN�SURVEYORS J�60 Federol Orive� Suite I10•Eagan,Itinnesota•Phone(651)452-5051 .InR� f9d_9F9nn�n �`� RICH FIf LD FI RE STATION 2 R.T. DOC. No. In witness whereof sald Gty of Rfchfleld,a Minnesota municipal wrporation,has caused these presents ro be signed by Its proper officer this_day of 2014. —' � J3 I J3 I I 60 � — — CITYOFRICHFIELD — I BY ,Its_ � I STATE Of ' -�-HOrth line of Ne Sovthwes[Quarter oF the Northwest Quarter of Section 28,Township 28,Range 24 COUNTY OF ..-....-.--�- ' :::T:: — -. •••.`. , ' S89°30'11°E �� m .,:,,.-�-� --- 328.82 ,.r,..-.-.- This instrume�t was acknowledged betore me on th(s day of_ ,2014,by , of the Cityof Richfield, ,,,_,,, 1 4��� psqg� ��"' - _ e aMinnesotamunicipalcorporation,onbehaifof[hecorporation. �o • �....._........................._.............I6600....................._..._......_C__.........__._i 30 .�._..� $ � [ � °^'� Notary Pdn[etl Name No[ary Public,Mmneso[a ` t- � � I $ I O .,'�� _ _ My Commission Ezpires I t_, i w0 � $ y O� n� _� '�a`q� O '� 8i �;_;� � g (/� :;�� I,7homasl.Adamdoherebycer[ifylha[thisplatwaspreparedbymeorundermydirectsupervision;thatlamadulyLi<ensedLandSUrveyorinthe5tateofMinnesota;that I � �,m,� J;�i3 thisplatisacorrectrepresentationottheboundarysarvey;thatallmathematicaldataandlabelsarecmrectlydesignatedonthispiaF,thatalimonumentsdepicredonthts plat have 6een,or will be corre<[ly set within one year;that all water boundaries and wet lands,as defined in Minnesota Statutes,Section SD5.01,Subd.3,as oF the da[e of I p'�� W I '1' ; 'f j o,m,�I this certificate are shown and labeled on this pia[;and all public ways are shown and labeled on this plat. I �; —Z--{ -- -- —�� � Z �a I ;� (V Dated this_day of ,2014. � s�3 lll 3 — ' � W d � : K�I ¢ �� I ! 5 u� Q I � � O ?� � � N�`3� Thomas 1.Adam,Licensed Land SurveVOr : Q N M:;_� � u'�.�— � �J $ � ,S o'( Minnesota License No.43414 = �oz z � � � ��� �� I 3 a W ; `,��^Y STA7E OF MINNESOTA '�� COUNTY OF DAKOTA a I J eo � I This fnstrument was acknowledged 6efore me on this day of ,203E,byThomas 1.Adam. .,. � I . •�� e� I 30 ;,� ' 50.00 258.]8 J0.00 , i•� • ia� I `.- .'.. N89°30'11"W 328.78 ' -- -- --- �� Notary Printed Name Notary Vublic,Mlnnesota I � ._. South Iirie of the North 150.00 feet of[he Southr'est Quaner oF ' My CAmmission Explres January 31,2015 I [he Northwest Quarter of Sectlan 28,Tov,nsMp 26�Range 24 I I I J� JJ I I � � ( qN COUNqL,CITY OF RICHftEL�,MINNESOTA This plat was of RICHFtELD P[RE STATION 2 was approvetl antl accepted by the City Countll of the Gry of Rlchfield,�Minnesota a[a regular meet(n9[hereof held this__ tlay of ,2014 antl said plat I5 in compllance with Me provislons of Min�sota 5[atutes,Section 505.03,SubO.2. NCity Cauncil,City of Richfleld,Minneso[a BY_. __,Mayor By ,Qerk TAXPAYER SERVICES DEPARTMENT,Hennep{n County,Minnesota I hereby certify that the taxes payable in 2014 and prior years have been paid for land describetl on this pla[,datetl this Oay of__ ,20t4. 0 f5 30 60 9J -- SCoIC in F eet Mark V.Chapin,County Auditor 8y:__ __,Depury The west line ofthe Southwest Quarter af the Northwes[ quarter of Section 26,Townshlp 26,Range 24 has a beanng of NO°34'18°W. • Denates iron monument tound o Denotesironmonumentset SURVEY DIVISION,Hennepin Gounty,Minnesota I�� Pursuant to MN.S7AT.Sect(on 3838.565(t969),[hIs pla[has been approved this day of ,2014. KNOW ALL PERSONS BY THESE PRESENTS:Tha[the City of Richfield,a Minnesota municipal corpora[ion,fee owner of the following descrihed property: William P.Brown,County Surveyor gy;_ The North 80 feeG of the Wes[lfi6 feet of[he Wes[1/4 of the Southwest 1/4 of the Northwest 1!4 of Section 28,Township 28,Range 24. � Subject to an easemen[over the West 33 feet antl also over the North 30 feet thereof for street purposes,as shown in deed Doc.No.339908; Subjec[to cer[ain mcia:and buiiding restrictions as contained in deetl Doc.No.148634. and The Sou[h 7D fee[of the North 15�feet of[he West I66 feet of the West 1/4 of the Southwest iJ4 of the Northwest 1/4 of Section 28,Township 26,Range 24. REG[STRAR OF TITLES,Hennepin County,Minneso[a and I hereby certify that the wi[hin plat of RICHFIELD FtRE STAT[ON 2 was remrded in this office this day of ,2014,at o'clock .M. The North 150 fee[oF the following descrl6ed tract: The North 219.2 feet oF the West Quarter of the Southwest Quarter of the f�or[hwest Quarter oF Section 28, Township 28,Range 24,except the North 150 fee[of Ihe West 166 feet thereof. Martin McCOrmick,County Recorder By:____ ,DePUty Has caused the same to be surveyed and platted as RICHFIELD FIRE STATION 2 and does hereby dedicate[o the pub�ic/or puhlic use the publ�c ways as created by this plat. Rehder and Associates, Inc. A�rENDA SECTION: RESOi,UT1QN . AGENDA I7'EM# � REPORT# �6 STAFF REPORT dr r �' CITY COUNCIL MEETING JANUARY 14, 2014 REPORT PREPARED BY: MATT BRILLHART,PLANNING TECH. NAME,TITLB DEPARTMENT DIRECTOR REVIEW: � r / SIGNATURE OTHER DEPARTMENT REVIEW: � � SIGNATU REVIEWED BY CITY MANAGER: � ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving a subdivision waiver which would allow the division of 7215 Logan Avenue (a 150-foot wide lot) into two 75-foot wide lots for the construction of new sin le-famil homes. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution granting a subdivision waiver for 7215 Lo an Avenue. II. EXECUTIVE SUMMARY Endres Custom Homes has entered into a purchase agreement with the owner of 7215 Logan Ayenue. Endres Custom Homes seeks to divide the existing 150-foot wide lot into two 75-foot wide lots and construct two new single-family homes. The existing house, garage, and driveway would need to be removed. The proposed lots meet all of the minimum width, depth, and area requirements of the City's zoning code. City staff has reviewed the proposal and has found no rationale for denial. On November 26, 2013 the City Council denied a subdivision waiver for three 50- foot lots on this property with a finding that the proposed lots did not meet City requirements. 011414—7215 Logan Ave Subd.Waiver III. BASIS OF RECOMMENDATION A. BACKGROUND • 7215 Logan Avenue is currently owned by the estate of Isabelle Dukatz. The existing home was built in 1937, according to Hennepin County property tax records. • The current 150-foot lot was created in 1992, when the City Council approved a final plat of the properiy. The previously unplatted property was a 225-foot lot, of which the north 75 feet was split off and sold for construction of a single-family home in 1992. B. PoLicY • Subsection 500.05, Subd. 2 - In cases in which compliance with the City's platting requirements result in unnecessary hardship and when failure to comply with said requirements does not interFere with the purpose and intent of the regulations, the Council may adopt a resolution authorizing a waiver from the subdivision requirements. • Subsection 514.11, Subd. 2 — Minimum lot area, dimensions, and coverage. The proposed lots meet all of the minimum width, depth, and area requirements. • The property is zoned R— Single-Family Residential. Minimum lot � requirements and dimensions of the proposed lots are as follows: o Required width: 50 feet ■ Proposed: (A) 75 feet (B) 75 feet o Required depth: 100 feet ■ Proposed: (A)133.66 feet (B)133.67 feet o Required area: 6,700 square feet ■ Proposed: (A) 10,224 square feet (B) 10,225 square feet C. CRITICAL TIMING ISSUES • 60-DAY RULE: The 60-day clock `started' when a complete application was received on December 18, 2013. A decision must be given by February 16, 2014 OR the Council must notify the applicant that it is extending the deadline (up to a maximum of 60 additional days or 120 days in total) for issuing a decision. D. FnvaNCiaL • The required application fee has been paid. E. LEGAL � • Although not legally required, notice of this request has been sent to properties within 350 feet of the property. F. ENVIRONMENTAL CONSIDERATIONS + • N/A IV. ALTERNATNE RECOMMENDATION(S� • Deny the request if a finding of fact can be made which concludes that the proposal does not meet requirements. V. ATTACHMENTS • Resolution • Land surveys including the existing and proposed lot descriptions • Lot width context map . • Surrounding zoning and land use maps • Letter of consent from the executor of the estate of Ms. Dukatz VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Dustin Endres — Endres Custom Homes `�� i RESOLUTION NO. �� RESOLUTION AUTHORIZING A SUBDIVISION WAIVER FOR 7215 LOGAN AVENUE WHEREAS, an application has been filed with the City of Richfield which requests approval of a subdivision waiver for the division of 7215 Logan Avenue, legally described as: Lot 2, Block 1, DUKATZ WITTENBORG ADDITION, Hennepin County, Minnesota WHEREAS, the applicant proposes to divide the above-described Parcel into two parcels, legally described as: Parcel A: The north 75 feet of Lot 2, Block 1, DUKATZ WITTENBORG ADDITION, Hennepin County, Minnesota Parcel B: That part of Lot 2 which lies south of the north 75 feet thereof, Block 1, DUKATZ WITTENBORG ADDITION, Hennepin County, Minnesota WHEREAS, the City has fully considered the request for approval for the subdivision waiver; and WHEREAS, the City Council finds that compliance with the City Code Section 500.05, Subdivision 1 would result in substantial hardship and that failure to comply therewith will not interfere with the purposes of the platting regulations of Section 500.01. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A waiver for the subdivision of the Subject Property legally described above is hereby granted, subject to the following condition: • That following the approval of the necessary permits, the existing house, garage, and driveway be removed. 2. Once purchase and required property alterations are completed, City staff is authorized and directed to take any action necessary to effectuate this Resolution and to authorize the recording of conveyances complying with the terms of this Resolution. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of January, 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk � .� �;, ���- Survey for: ENDRES CUSTOM HOMES, iNC_ �K� �"� '� NOTES ���, , � � " � *Beadnqs shown are trased un the pWt of DUKAR WITTENflORG �� 5p ADDIT[ON. , I I I I ,_ .. EXISRNG.:i10USE. I ,.„. , "�UUIlties shown are from informa4on fumished by the Clty of �'� � �� � I � ��-_. ?^ �tij -� - — — F ConWd Gopher Statel PoEUtilgty lo rtlons before anyrc nstruction I - _+- N89°56'�"f =-_-1�3 6 =� aP shall begtn. Phone 651-454-0002. � � f �Area n 20,044 square feet(0.46 acre). � h to ; � � r /+�� � �s � '� �S �k `Zoning; SfngleFamityResldentWl. ���' � � �, s � � � `p�RV : EXIST(NG BulWfnq setback,zoning and flood zone informatlon obWinetl I �� � � '� I I ��pRp�'aqµNE � ��.� 7�/.��� � from the qty of CFty of RkfiFle1d Web SiM. .. w �......1._ ' . :. (ro :. . ..:� .w....._.� : : •.-, I C— ...4-.-�-.G.— ..s69i . ...... '1. ".����.' y � � i I 1 f/0 " 1 £JUST�NG � I� .p3_�l. �v, �- � - _ i i NOUSE i. b, '�(ro ec � I$I $ I 8 ,vous�+cn) 1� .. ,. .. ( �y � � � �,�.a • j .> � �{.� y � : 1_ r � � � _I` S �.... f .........166 I ....._.. :._ . ..:� . i �rl+ I . S � � _... . I .A 4Aj �GLI•Q � � I � I I EXlSTlMG PROPERTY DESCR►PTtON � �y � L_;—.'� �- ! "- _.r._ :_J I I _ • Iron MonumeM Found � _ r�'"'6 E _-- � � — �= —s—Sanitary Sewer Lot 2,Bkxk 1,DUKATZ WiTTENBORG ADDITfON,according to the remrded plat I� � $ � o '� - ��� (_� [hereof,Henne InCoun Minnesota. � ` � _' --�St—5torm Sewer P 4'. ..�� I y,�� � r.f�-` . �� —w—Watermafn � 1 �o r.�` �_. ir. i rri� -.._. . .i. ( � �...�..�o'S i u�i i � ,^�_i�.✓: ' � R I-l.'� ♦i_ AWQ Manhale I ��$ I • � ' ` I � ��1 i i� �o- Power pole PROPOSED PARCFL A DESCRIPTION 1 � �� i • , �o� L�COncrete Surtaoe 7he rwrth 75 feet of lot 2,Bbck 1,DUKA7Z Wl"ITENBORG ADDI7ION. � � a Q I �B�[uminous Surtace � ��� � OA ^ I � s S �° i _ r!'+�v�FEE'►� � � you j'n^ —c—BUrled Gas y, � I . t}0'� ( ,,c�1 :� PROPOSED PARCEL B DESCRIP710N C ( 't :, � � 'O � Tha[part of Lot 2 which Iles south of the rrorth 75 feet[hereof,Blcek 1,bUKATZ I` : � �_ I _�,. .� � � .�'�i ; I W[iTENOpRG AODITION. r��t � � +, �y � _:--< _ -. � ; �' .G,a;.,cv:� ��__ I ( �: ' - -- .� $ol. �.: MH ��� � ��i i l)� - �:5 �� . «' 0 ��� I i I � _ l _._�---1--;���>����;'------ 1 __ -' t — — C ` ��������� _._._._ n: � ( 60 I �.- � pdoM9�.. _-.f E1ClSI/NG � � ....� . _ _ N h• l lt/t• I 1 /I\1 � �I r �4��/ � t_i-1 r 1 I • . I hereby certify that thk survey was prepared by me or under my dlre[tbn aiM that 1 am a duty Llcensed Land Surveyor under the Wws of tAe Stete of Minneso[a. Oated this 4th day of November,2013 REHDER&ASSOCIATES,INC, 0 i� 20 40 60 Scale in Feet �1 y _ ._-.rpq(-,�t�t�� __ Thomas).Ad6m,land Surveyor Minneso[a LkP.nse No.43414 Revlud proposed properry desctlptlons November 14,2013 Revlsed December 3,2013 Rehder and Associates. Inc. CNtL EN6INEERS ANO LAND SURVF.YORS 3f19 fetlud Drrve• Su�te 710�Eoqar,k:nMwto•GAer�e(651)452-505! JOB: �34-2200.b57 �y�; � Survey for: EI��RES �C.ISTO�I 6-�OMES, IIVC. showing pr�oposed buildings , „ --�,^ NorEs � ��/K � � `Bearing5 Shown are based on[he pWt of pUKATZ WIiTENBORG � ADDITION. � I I � „ , -p�p� �pp$g-. ' I ' 'Utllitles shown aro lrom Infortnotlon furnished by[he qty of ( - F — — Rkhfleld an0 Cen[er Point EnerqY a�are verifled where po6sibk. j �; �ConWd Gophe�State 1 for utill kxations before anV wnstroUbn I �' N89�56".�"E a �,�3 6 - �, w� shall begin. Phone 651•454-0002. y � ., � "" "" ... . _. _."' __ _ __� •Area=20.049 square(eet{0.46 acre). �I . A�lm r----T ---`---- -- - ---� .; •ZOning: SingleFamllYResWentlal. . � `' !�.e••-�Pro[ect � � n.m '� - ��� _ 'Bullding setback,zoning and flood zone InformaNOn obcalned ( ` �!.�._ � Tne S � -�-� �, from the CIty ot Gty of RkhFleld Web Site. w� W -w �.....Jp_.. . i - � �x � : •_. �.: ...... . _. � ; 1 <- . I r�� . : j RackConstl ; PROPOSED 8 � � . j � ! N I t t DRNEWAY `� :...�..,..... j vJ � $ I Entnnce ! , 7 �/ � .ys......1� .I y, � �-- U� I j ,..., ., � $ sr.ro y� .. � x � � :1. I`g PROPOSED �,g` � ��e Io � : �.._.'. � :.o� HOUSE 4 i� � .�. I ' o f » � .`' � se � �; � 8..� ! � � Pf��<<� I !^ EXIS7ING PROPERIY DESCRIP770N I g - I a - Urcckcnridgc `'f ..Trce y� _ i �' I � I { ( 1� Lot 2,Block 1,DUKATZ WITTENBORG ADDITION,according to the rewrded plat � �� � . �� -=___ : 0 to 2o �0 6p thereof,He�nepin Coun[y,Minrresota. � � I�. ____� __:J � : I I�1� i I —' ' rx�e".,e5o'E—_— _z--Pmt«t I p2 ' `��� y�ir 3 �,u.� m �_� Scale in Feet �'� '� � 1 z�� r �� r _u_,-,W_,•�� ; � i . _, PROPOSfD PARCEL A DESCRIP710N ( � g ; i �o� !� ,•�� � r• �•A�°�A' ` � � ,i � � -p���� i i; T h e n o rt h 7 5 f e e t o f W t 2,e b c k i,D U K A T Z W I i T E N B O R G A D D I T I O N. "' � � "�S �f� �,'PNOUbE � �zro ' ` � � ���k �T� �ij � ���� � �°� ° IM PROF'OS£D PARCEL 8 DESCRIPTION I t I .I �--- � I Wal �Vhratridgc � j� � S � i '�3 �. t7� r�� .: i �g� �L7 That part of Lot 2 whkh Iles sou[h o/the�rorth 75 Feet thereof,Btock 1,DUKATZ i 5 i i� ,I� LEGEIdD wirreHeoec aaomow. y, `� _. /��, 3 I � I '�+ ..f R ckf n t -�, 8 `� -_ i . .,� ., 'i ,Q t�1 I • Iron Monumen[Fountl � � � ' � EutsaMe( � �q ' = �I� —S—Sanitary Sewer �rP� - Ir Y-:: PROPD�FI Q Lp� #'_, I _��I ! - ��� aor I OR1I�WAY J( -' � �� ( —sr—Storm Sewer ( �* .< - , � ' -�o`o�� —w—Watermaln �li �� �{-:;I - � ., I MNQ Manhuk I e � 'tl °{ � � E i .:.., i _ �;� -i -^ .r� ` � �: �'4 Power Pole � � . 4 �° �--__�__-',���•� ' sad;` -- --- �.�_J.� / � I 5� S ��-' • � � Conuete Surtace . � '� : .�___"n"'.g_._._g"'...t'z"' X" _X- - X '- -X X----g'- C� �' _, - . � — [�'�8ttuminous5urtace Ce� ' `S'B / �^ _..__._ —G—BUrledGas ,.a . ____- ___ _ _ . _ a. , `._- ���.. ,.��:. '�,� � � � I , ,.-,- S I101/SE � �'' , X-'--"-k Silt Fsnce � ._... .. ..... ' - • i i��t i i i"� inii.i �r .i. ��_.i � a_.'� rr � , I hereby certlry that thls surveV was Drepared bY me or under my direc[bn and that t am a duH�censed tand Surveyor under the kws of the Stete of Minnesota. Dated thls 7th day of November,2013 PAiZCEL A AREAS PAFZCEL B AREAS REHDER&ASSOCiATES,rr+c. Lot Area=10,224 square feet(0.23 aGre} lot Area=t0,225 5quare feet(0.23 aerej ,� .+'�^ Proposed building area Indutlitq porc�es=1,466 square tee[(19%) Vroposed 6uilding area Inciuding porches=2,148 square teet(21%) ��,�,.b.p� Proposed Impervlous surFace a 3,350 square teet(33%) Proposed impervbus surface�3,609 square feet(35%) Thomas 3.A m,Wnd Surveyor Minnesota Llcense No.43414 Revlsetl December 3,2013 Rehder and Associates, Inc. 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I � Ii_ , . ! ��a � , ; , . , , � ! __..._ ___. � � i ' � � L � �11 � ; i � I � � � � � � � � � � ' ' � i � j ; 1 i � , i i r � i � i � � i? i � I � i r � 1 � � � ; � ! .I � I I � � , � � I � ' � � � ' ( I i � � � � � � � � � ' L � I I � � I l � � ' � � � '�, i� � ' ' , i � �� C i � �! � � ` I , . � , [ �..�.��L��_.e_1_b L.U,,,._.�. , _._..,a__._. �.e�srr�a�+ � , I � � � � N N Ln � O �' .� O C4 I� M = +� Lf') � i i C � O l� Cp � z � i �� �� � � � - -� '� I I I � � , .___.. �- s 7215 Logan Ave - SUBDIViSION 1 /2014 Surrounding Zoning W Q R R W R Z Q R W R O R � R R O R � � Y 72ND STREET R R R R R R R R R R R R R R R R R R R R R R R R R R R R O� R R R R R R R R R R R R R R R R 73RD STREET Feet 0 50 100 200 300 400 500 R-Single Family Residential N Path: I:\GIS\Community Development\Staff�Planning Tech\Projects\7215 Logan Z.mxd ���J 7215 Logan Ave - SUBDIVISION 1 /2014 Surrounding Comprehensive Pian � w Q LDR DR W LDR a Q LDR j LDR OL LDR � LDR LDR O R , � O Y 72ND STREET LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR DR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR , , LDR LDR LDR lOR LDR LDR O� LDR LD LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR 73RD STREET Feet 0 50 100 200 300 400 500 LDR-Low Density Residential N Path: I:\GIS\Community Development\StafflPlanning Tech\Projects\7215 Logan CP.mxd �r� Terry A. Burns Personal Itepresentative Estatc:of Isabelle DuKatz 154$Rhode Island Avenue North Golden Valle}�, Min►lesota 55427 December 13,2013 Mr. Matt]3rillhart City of Richfield 6700Por�land A��enue South Richfield, Minnesota 55423 Re: 7215 I_ogan Avenue South Subdi��ision Wavcr Requcst Dear. Mr Brillhart, ; My name is Terry f3urns and I am Clie Persanal Representative for the Estate of Isabelle DuKatz. This lerCer is to confirm to the CiCy of Richfield,and the proposed buyer of the property,that I fully support in the subdivision of the properry locared at 7215 I_agan Avenue South (PID 33- 028-24-24-U075). If you have any c{ues�ions,please feel free ro cc�ntact me at 612.270.7992,or��ia e-tnail at t.terryburns«comcasC.net. Thanlc you, � /J' - /y�� Terr��A. I3urns Personal IZcpresenCatirc Estate of Isabel DuKatz , - AGENDA SEC1'ION: RESGLUTI(�N AGENDA ITEM# � REPORT# 1� STAFF REPORT ; ' e� � '' CITY COUNCIL MEETING JANUARY 14, 2014 REPORT PREPARED BY: JOHN STARK, COMMUNITY DEVELOP ENT DIRECTOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: � SIGNAT(IRE OTHER DEPARTMENT REVIEW: �C SIGNAT REVIEWED BY CITY MANAGER: �%������ �� ( ITEM FOR COUNCIL CONSIDERATION: Call for a public hearing on February 25, 2014 for the: 1. Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area; 2. Proposed establishment of the 2014-1 (City Garage Site) Redevelopment Tax Increment Financing District, and ; 3. Ado tion of the associated tax increment financin lan. I. RECOMMENDED ACTION: ' By Motion: Adopt a resolution calling for a public hearing on February 25, 2014 to consider: 1. Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area; and 2. Proposed establishment of the 2014-1 (City Garage Site) Redevelopment Tax Increment Financing District, and ; 3. Adoption of the associated tax increment financing plan. II. EXECUTIVE SUMMARY On November 7, 2013, staff provided the City Council with Memorandum 2013-107 (attached) which discussed establishing a Tax Increment Financing (TIF) District for the former City Garage and Gleason's Mortuary sites. That Memo explained that 011414 Call for PH TIF District 2014-1.docx the buildings on the sites are hazardous and should be demolished in the interest of public safety. The costs for demolishing the buildings, as well as any necessary environmental remediation, would be eligible for reimbursement by TIF proceeds in the event that the site were established as a TIF District. Since that Memorandum was provided to policy-makers, the architecture firm LHB, Inc. has conducted an evaluation of the site and determined that the site and the buildings it contains would meet the requirements necessary to qualify as a Redevelopment TIF District under Minnesota Statutes. If the City Council and Richfield Housing and Redevelopment Authority (HRA) were to take the necessary steps to establish this TIF District, then the HRA and City Council could use TIF funds to reimburse them for the money expended on demolition and environmental cleanup. These funds would be contingent upon an , adequate development occurring on this site within five years of establishing such a ' TIF District. Policy makers would also have the ability to make a future decision about the allocation of any additional tax increment funds that were generated by I such a development. , III. BASIS OF RECOMMENDATION A. BACKGROUND • The buildings on this site are hazardous and should be demolished in the interest of public safety. • The costs of demolition, environmental remediation and other"TIF Qualified Expenses" could be reimbursed by future tax increment funds if a TIF District is established. B. POLICY • A public hearing is required for the modification of the Richfield Redevelopment Project Area and for the creation of a TIF District. • The City Council is the body that must hold a public hearing to consider approval of the proposed modifications to a redevelopment plan and establishment of a TIF District. C. CRITICAL TIMING ISSUES • A tentative schedule of all necessary public actions has been created � (attached). A change in the date of the Call For a Public Hearing would impact that schedule. D. FINANCIAL • The costs for environmental remediation and demolition of these properties is currently estimated as high as $250,000 - $300,000. Neither the City nor the HRA have budgeted funds for these costs. E. LEGAL • City and HRA Legal Counsel have been involved in all discussions relating to the potential establishment of this TIF District and have reviewed the attached resolution. F. ENVIRONMENTAL CONSIDERATIONS • The proposed TIF District would be able to reimburse the City and/or HRA for environmental cleanup on these sited as long as an adequate development project were to occur within five years of the establishment of the proposed TIF District. IV. ALTERNATNE RECOMMENDATION(S� • Defer the Calling for a Public Hearing until a later date in order to garner more information, discussion and/or input. • Elect not to consider the creation of the proposed TIF District and instruct staff to identify alternate funding sources for the costs associated with environmental remediation and demolition on this site. V. ATTACHMENTS • Resolution • City Council Memorandum 2013-107. • Tentative Schedule of Public Actions related to the Establishment of the proposed TIF District. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A �/� RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE PROPOSED ESTABLISHMENT OF THE 2014 - 1 TAX INCREMENT FINANCING DISTRICT (CITY GARAGE SITE) THEREIN AND THE ADOPTION OF THE TAX INCREMENT FINANCING PLAN THEREFOR BE IT RESOLVED by the City Council (the "Council") for the City of Richfield, Minnesota (the "City"), as follows: Section 1. Public Hearinq. This Council shall meet on February 25, 2014, at approximately 7:00 P.M., to hold a public hearing on the proposed adoption of a Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area, the proposed establishment of the 2014 - 1 Tax Increment Financing District (City Garage Site), (a redevelopment district), and the proposed adoption of a Tax Increment Financing Plan therefor, all pursuant to and in accordance with Minnesota Statutes, Sections 469.001 to 469.047 , and Sections 469.174 to 469.1794, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearina, Filina of Plans. City staff is authorized and directed to work with Ehlers to prepare a Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area and a Tax Increment Financing Plan for the 2014 - 1 Tax Increment Financing District (City Garage Site) and to forward documents to the appropriate taxing jurisdictions including Hennepin County and Independent School District No. 280. The Community Development Director is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to February 25, 2014, and to place a copy of the Plans on file in the Community Development Director's office at City Hall and to make such copy available for inspection by the public. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of January, 2014. Mayor ATTEST: City Clerk CITY OF RICHFIELD, MINNESOTA �/� Office of City Manager November 7, 2013 Council Memorandum No. 107 HRA Memorandum No,56 The Honorable Mayor Housing and Redevelopment i and Authority Commissioners Members of the City Council City of Richfield Subject: TIF Qualification of the Gleason Mortuary and Former City Garage Site Council Members and Commissioners: Due to the deteriorating condition of the former Gleason Mortuary building and the structures associated with the former City Garage site (both north and south of 77th Street), staff is recommending demolition of all structures on those sites. In the past, staff has been hesitant to demolish the buildings because of the cost associated with demolition and because such demolition could adversely affect the future ability to designate the area as a Redevelopment TIF District (if needed, feasible and publicly supported) in the absence of the buildings. The conditions of the buildings are so bad at this time however, that staff feels it is necessary to complete the demolition as soon as possible in order to prevent any public health liabilities. The estimated cost of abating any remaining environmental contaminants and demolishing the buildings is estimated as high as $250,000. Currently, neither the City nor the HRA have budgeted funds for these costs. Prior to demolishing the buildings, staff is recommending that the area be examined to determine whether it would qualify as a Redevelopment TIF District and, if so, have the City Council and the Housing and Redeveloprnent Authority (HRA) adopt resolutions indicating that the area would qualify as a Redevelopment TIF District and that the City Council and HRA intend to create such a TiF District. The HRA and the City may then move forward wifh the demolition and take the steps necessary to designate the properties as a Redevelopment TIF District. If the area were to develop within five years of establishing such a TIF District, the HRA and City Council could use TIF funds to reimburse them for the money expended on demolition and environmental cleanup. Policy makers would also preserve the ability to make a future decision about the allocation of any additional tax increment funds that were generated by such a development. Unless directed otherwise, staff will work with Ehlers Associates, Cit� and HRA Attorneys and LHB Architects (who has expertise in evaluating buildings for TIF qualifications) on preparing the documents for TIF District establishment. These documents would then come before the HRA and City Council for formal consideration in December and January. Re ec ull submitted, • /� t.(i� ev n�c City Manager SLD:cak Email: Department Directors Finance Manager Assistant City Manager ��� SCHEDULE OF EVENTS RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY AND THE CITY OF RICHFIELD HENNEPIN COUNTY,MINNESOTA FOR THE PROPOSED MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 2014-1 (CITY GARAGE SITE) (a redevelopment district) Draft as of December 17,2013 November_,2013 LHB inspects proposed TIF District for substandard and blight deterniination. December 2,2013 Project information (property identification numbers and legal descriptions, detailed project description, maps, but/for statement, list of sources and uses of funds, and estimated fiscal impacts of the project public improvements and on fire and police protection)for drafting necessary documentation sent to Ehlers. December 2,2013 Ehlers confirms with the City whether building permits have been issued on the property to be included in the TIF District. N/A Project information submitted to the County Board for review of county road impacts if necessary* (at least 45 days prior to public hearing). *The County Board,by law,has 45 days to review the TIF Plans to determine if any county roads will be impacted by the development. Because the City staff believes that the proposed tax increment financing districts will not require unplanned county road improvements, the TIF Plans will not be forwarded to the County Board 45 days prior to the public hearing. Please be aware that the County Board could claim that tax increment should be used for county roads,even after the public hearing. December 3, 2013 LHB provides preliminary documentation that the buildings are substandard and meet the requirements for a Redevelopment TIF District. January 7,2013 Letter received by County Commissioner giving notice of a potential redevelopment tax increment financing district establishment (at least 30 days prior to publication of public hearing notice). January 10, 2013 LHB provides final report for qualification of a Redevelopment TIF District. January 14, 2013 City adopts a resolution calling for a public hearing on the modification of the Redevelopment Plan for the Richfield Redevelopment Project Area and the establishment of Tax Increment Financing District no. 2014-1 (City Garage Site). City adopts a resolution approving the demolition of buildings and confirming the buildings in the proposed TIF District are substandard and allows for demolition prior to adoption of a TIF District. � EH�.�RS 4Fh�3€B$1N P1[�41F-'rit(A�1Di ��. � SCHEDULE OF EVENTS - PAGE TWO RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY AND THE CITY OF RICHFIELD HENNEPIN COUNTY,MINNESOTA FOR THE PROPOSED MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 2014-1 (CITY GARAGE SITE) (a redevelopment district) January 14,2013 City adopts a resolution approving of an interfund loan relating to demolition costs. January 22,2013 HRA adopts a resolution approving the demolition of buildings and confirming the buildings in the proposed TIF District are substandard and allows for demolition prior to adoption of a TIF District. HRA adopts a resolution approving of an interfund loan relating to demolition costs. January 24, 2013 Fiscal/economic implications received by School Board Clerk and County Auditor(at least 30 days prior to public hearing). January 27,2014 Planning Commission meets at 7:00 p.m. and reviews TIF Plan to determine that it is in compliance with the City's comprehensive plan. February 6,2014 Date of publication of hearing notice and map (at least 10 days but not more than �', 30 days prior to hearing). [Sun Current publication deadline, January 30, 2014 by 2:00 P.M. —Ehlers will provide notice and map to the newspaper via email to sunlegals(a�ecm-inc.cona by January 30, 2014.J February 18; 2014 HRA meets at 7:00 p.m. and considers the Modification and TIF Plan and passes resolution adopting the Redevelopment Plan Modification and TIF Plan. February 25, 2014 City Council holds a public hearing at 7:00 P.�v1. on the Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area and the establishment of TIF District No. 2014-1 (City Garage Site) and considers a resolution approving the Redevelopment Plan Modificafion and TIF Plan. [Ehlers will email Council packet information to the City on or before February 18, 2014.J ,2014 City authorizes Ehlers to request certification of the TIF District. By June 30, 2014 Ehlers files TIF Plan with the MN Department of Revenue and the Office of the State Auditor, and requests certification of the TIF Districts with Hennepin County. � EHLERS kF��l€RS iN Ryd!(F,fINAM{1E AGENDA SECTION: RESOL[:�TION AGENDA ITEM# 9 P EPORT# I g STAFF REPORT d' r ' CITY COUNCIL MEETING JANUARY 14, 2014 REPORT PREPARED BY: JOHN STARK, COMMUNITY DEVELOPMENT DIRECTOR NAME,TITLC DEPARTMENT DIIZECTOR REVIEW: � . SIGNATURG OTHER DEPARTMENT REVIEW: � '� � �. � �r SIGNA RE f REVIEWED BY CITY MANAGER: � ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution designating buildings (associated with the former City Garage facilities and the former Gleason's Mortuary) as structurally substandard within the Richfield Redevelo ment Pro�ect Area and authorizin their demolition. I. RECOMMENDED ACTION: By Motion: Adopt a resolution designating buildings (associated with the former City Garage facilities and the former Gleason's Mortuary) as structurally substandard within the Richfield Redevelopment Pro'ect Area and authorizin their demolition. II. EXECUTIVE SUMMARY On November 7, 2013, staff provided the City Council with Memorandum 2013-107 (attached) which discussed establishing a Tax Increment Financing (TIF) District for the former City Garage and Gleason's Mortuary sites. That Memo explained that , the buildings on the sites are hazardous and should be demolished in the interest of ! public safety. ' In an effort to identify funding sources for the costs associated with the demolition and environmental remediation, staff has proposed the establishment of a Redevelopment TIF District. If such a TIF District were to be established, future Tax Increment generated by any development completed within five years could be 011414Substandard and Demo Resolution TI District 2014-1.docx used to reimburse the City and/or Richfield Housing and Redevelopment Authority (HRA) for funds expended for those costs. In order to qualify as a Redevelopment TIF District, the property within the proposed District boundaries must be found to be blighted and structurally substandard under the requirements established by Minnesota State Statutes. The architecture firm LHB, Inc. has conducted an extensive evaluation of the site and issued a report (attached) which concluded that the site and the buildings it contains would meet the requirements necessary to qualify as a Redevelopment TIF District. The attached resolution would make findings accepting the results of the LHB report and designating the buildings to be substandard as defined in Minnesota Statues as they pertain to Tax increment Financing Districts. The resolution would also approve the demolition of the structures (specifically the former City Garage buildings and the former Gleason's Mortuary building) within the proposed TIF District boundaries in advance of the creation of the TIF District. III. BASIS OF RECOMMENDATION A. BACKGROUND • The buildings on this site are hazardous and should be demolished as soon as possible in the interest of public safety. • The costs of demolition, environmental remediation and other"TIF Qualified Expenses" could be reimbursed by future tax increment , funds if a TIF District is established. • A report by the architectural firm, LHB, Inc., concludes that the site , contains structurally substandard buildings and meets the '', requirements of a Redevelopment TIF District. !, B. PoLicY • A prescribed percentage of buildings on a site must be found to be structurally substandard in order for that site to meet the requirements of a Redevelopment TIF District as defined by Minnesota State Statutes. C. CRITICAL TIMING ISSUES • Adoption of this resolution will allow City staff to begin the process of procuring bids for the demolition of the buildings and conducting the demolition as quickly as possible. D. Fn�aNC�L • The costs of environmental remediation and demolition are proposed to be reimbursed by future Tax Increment generated by future development occurring within the next five years. In the interim, an Interfund Loan from the City's Capital Improvement Reserve Fund will pay for the costs associated with demolition. E. LEGAL • City and HRA Legal Counsel have been involved in all discussions relating to the potential establishment of this TIF District and have reviewed the attached resolution. F. ENVIRONMENTAL CONSIDERATIONS • As part of the proposed demolition of the buildings, environmental contaminants will be abated or remediated. IV. ALTERNATIVE RECOMMENDATION(S� • Defer the Call for a Public Hearing until a later date in order to garner more information, discussion and/or input. • Elect not to adopt the resolution and direct staff to investigate other methods of financing the demolition and environmental remediation on this site. V. ATTACHMENTS • Resolution • Building Conditions Report conducted by LHB, Inc. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A , ! I ' RESOLUTION NO. RESOLUTION DESIGNATING BUILDINGS AS STRUCTURALLY SUBSTANDARD WITHIN RICHFIELD REDEVELOPMENT PROJECT BE IT RESOLVED by the City Council of the City of Richfield ("City") as follows: Section 1. Recitals. 1.01. Under Minnesota Statutes, Section 469.174, subd. 10(d), the City or Authority is authorized to deem parcels as occupied by structurally substandard buildings despite prior demolition or removal of the buildings, subject to certain terms and conditions as described in � this resolution. �, 1.02. The City or Authority intends to cause demolition of the buildings located on the property described in Exhibit A hereto (the "Designated Property"), and may in the future include the Designated Property in a redevelopment or renewal and renovation tax increment financing district as defined in Minnesota Statutes, Sections 469.174, Subd. 10 or Subd. 10a. Section 2. Buildings Desiqnated Substandard; Other Proceedinqs. 2.01. The City finds that the buildings on the Designated Property as described in Exhibit A are structurally substandard to a degree requiring substantial renovation or clearance, based upon the analysis of such buildings by LHB Architects dated January 9, 2014 and on file in City Hall. 2.02. After the date of approval of this resolution, the buildings on the Designated Property may be demolished or removed by the City or Authority, or such demolition or removal may be financed by the City or Authority, or may be undertaken by a developer under a development agreement with the City or Authority. 2.03. The City and Authority intend to include the Designated Property in a redevelopment or renewal and renovation tax increment financing district, and to file the , request for certification of such district with the Hennepin County auditor within three years after the date of demolition of the buildings on the Designated Property. 2.04. Upon filing the request for certification of the new tax increment financing district, the City will notify the Hennepin County auditor that the original tax capacity of the Designated Property must be adjusted to reflect the greater of(a) the current net tax capacity of the parcel, or(b) the estimated market value of the parcel for the year in which the buildings were demolished or removed, but applying class rates for the current year, all in accordance with Minnesota Statutes, Section 469.174, subd. 10(d). r 2.05. City staff and consultants are authorized to take any actions necessary to carry out the intent of this resolution. Approved by the City Council of the City of Richfield this 14th day of January, 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk l /� EXHIBIT A Description of Designated Property a AGENDA SECTION: RESOLUTION �GENDA.ITEM# 10 RE•PORT# 19 STAFF REPORT e� � f` CITY COUNCIL MEETING JANUARY 14, 2014 REPORT PREPARED BY: JOHN STARK, COMMUNITY DEVELOPMENT DIRECTOR NAMC•,TITLE � _._.. _..._. DEPARTMENT DIRECTOR REVIEW: � � OTHER DEPARTMENT REVIEW: � . S!G ttE �° REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing an InterFund Loan for advance of certain costs in connection with ro osed Tax Increment Financin District 2014-1. I. RECOMMENDED ACTION: By Motion: Approve a resolution authorizing an Interfund Loan for advance of certain costs in connection with proposed Tax Increment Financin District 2014-1. II. EXECUTIVE SUMMARY On November 7, 2013 staff provided the City Council with Memorandum 2013-107 which explained the buildings on the former City Garage and Gleason Mortuary sites are hazardous and should be demolished in the interest of public safety. The costs for demolishing the buildings, as well as any necessary environmental remediation, would be eligible for reimbursement by Tax Increment Financing (TIF) proceeds. In the event the TIF District is established, it is recommended that the City establish an InterFund Loan for an amount not to exceed $300,000 to authorize payment.for demolition and other qualified costs. The source of funds will be the City's Capital Improvement Reserve Fund. 011414 Interfund Loan-TI District 2014-1xxx III. BASIS OF RECOMMENDATION A. BACKGROUND • The buildings on this site are hazardous and should be demolished in the interest of public safety. , • The costs of demolition, environmental remediation and other "TIF Qualified Expenses" would be reimbursed by future tax increment funds if a TIF District is established B. PoLICY � • Under Minnesota Statutes, Section 469.178, Sub. 7, the City is authorized to advance or loan money from the General Fund or any other fund from which such advances may be legally authorized, in order to finance the qualified costs. C. CRITICAL TIMING ISSUES • The buildings are hazardous and should be demolished as soon as possible in the interest of public safety. D. FINANCIAL • The source of funds for the Interfund Loan will be the City's Capital Improvement Reserve Fund. • Reimbursement will be made from tax increment generated by proposed Tax Increment Financing District 2014-1. • The interest rate for repayment will be 4%, which is the maximum rate allowed under Minnesota Statute. E. LEGAL • The resolution was prepared by legal counsel. F. ENVIRONMENTAL CONSIDERATIONS IV. ALTERNATIVE RECOMMENDATION(S� • Do not approve the Interfund Loan. • Approve the InterFund Loan, identifying an alternative source of funds. V. ATTACHMENTS • Resolution VI. PRINCIl'AL PARTIES EXPECTED AT MEETING • N/A J��� CITY OF RICHFIELD RESOLUTION NO. RESOLUTION AUTHORIZfNG AN FNTERFUND LOAN FOR ADVANCE OF CERTAIN COSTS IN CONNECTION WITH PROPOSED TAX INCREMENT FINANCING DISTRICT NO. 2014-1. BE IT RESOLVED by the City Council (the "Council") of the City of Richfield, Minnesota (the "City"), as follows: WHEREAS, the City and the Richfield Housing and Redevelopment Authority (the "Authority") intend to establish Tax Increment Financing District No. 2014-1 (the "TIF District") within the Richfield Redevelopment Project (the "Project") pursuant to Minnesota Statutes, Sections 469.174 to 469.1794, as amended (the "TIF Act"), and will adopt a Tax Increment �inancing Plan (the "TIF Plan") for the purpose of financing certain improvements within the Project. WHEREAS, the City has determined that it may use tax increments from the TIF District , to pay for certain costs of demolition of substandard buildings within the proposed TIF District, ! costs of environmental remediation, and administrative costs (the "Qualified Costs"), which costs may be financed on a temporary basis from City or Authority funds available for such purposes. WHEREAS, under Section 469.178, Subd. 7 of the 71F Act, the City is authorized to advance or loan money from the City's general fund or any other fund from which such advances may be legally authorized, in order to finance the Qualified Costs. WHEREAS, the City intends to reimburse itself for all or a portion of the Qualified Costs from tax increments derived from the TIF District in accordance with the terms of this resolution (which terms are referred to collectively as the "Interfund Loan"). NOW THEREFORE BE IT RESOLVED by the Council as follows: 1. The City hereby authorizes the advance of up to $300,000 from the Capital Improvement Reserve Fund or so much thereof as may be paid as Qualified Costs. The City shall reimburse itself for such advances together with interest at the rate stated below. Interest accrues on the principal amount from the date of each advance. The maximum rate of interest permitted to be charged is Iimited to the greater of the rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09 as of the date the loan or advance is authorized, unless the written agreement states that the maximum interest rate will fluctuate as the interest rates specified under Minnesota Statutes, Secfion 270C.40 or Section 549.09 are from time to time adjusted. The interest rate shall be 4.0% and will not fluctuate. 2. Principal and interest ("Payments") on the Interfund Loan shall be paid semi-annually on each August 1 and February 1 (each a "Payment Date"), commencing on the first Payment Date on which the City or Authority has Available Tax Increment (defined below), or on any other dates determined by the Executive Director of the Authority, through the date of last receipt of tax increment from the TIF District. ��'e�� 3. Payments on this Interfund Loan are payable solely from "Available Tax Increment," which shall mean, on each Payment Date, tax increment available after other obligations have been paid, or as determined by the Executive Director of the Authority, generated in the preceding six (6) months with respect to the property within the TIF District and remitted to the City by Hennepin County, all in accordance with the TIF Act. Payments on this Interfund Loan may be subordinated to any outstanding or future bonds or notes issued by the City or the HRA and secured in whole or in part with Available Tax Increment. The Interfund Loan shall be paid prior to any pay-as-you-go notes or contracts secured in whole or in part with Available Tax Increment, and any other outstanding or future interfund loans secured in whole or in part with Available Tax Increment. 4. The principal sum and all accrued interest payable under this Interfund Loan are pre- payable in whole or in part at any time by the Authority without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this InterFund Loan. 5. this Interfund Loan is evidence of an .internal borrowing by the City in accordance with Section 469.178, Subd. 7 of the TIF Act, and is a limited obligation payable solely from Available Tax Increment pledged to the payment hereof under this resolution. This Interfund Loan and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the Gity. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this Interfund Loan or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this Interfund Loan or other costs incident hereto. The City shall have no obligation to pay any principal amount of the InterFund Loan or accrued interest thereon, which may remain unpaid after the final Payment Date. 6. The City may amend the terms of this Interfund Loan at any time by resolution of the Council, including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law. Approved by the City Council of the City of Richfietd this 14th day of January, 2014. Mayor I ATTEST: City Clerk AGENDA SECTION: RESOLUTiON AGENDA ITEM# 1 i REPORT# 20 STAFF REPORT ' , �� � ' '' CITY COUNCIL MEETING .TANUARY 14, 2014 JESSE SWENSON, REPORT PREPARED BY: ASSISTANT HR MANAGER NAME,TITL� DEPARTMENT DIRECTOR REVIEW: �� �� SLGNATURE OTHER DEPARTMENT REVIEW: � N/A SIGNATU REVIEWED BY CITY MANAGER: ���� .�- ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving the contract with the Police Supervisors LELS Local 162 for the contract period January 1, 2014 through December 31, 2015. I. RECOMMENDED ACTION: By Motion: Adopt the resolution approving the provisions of the 2014-2015 labor agreement with the Police Supervisors LELS Local 162 bargaining unit and authorize the City Manager to execute the agreement. II. EXECUTIVE SUMMARY City staff has completed labor negotiations with the Police Supervisors LELS Local 162 (Union). The provisions of the 2014-2015 labor agreement cover all of the employees in this Union which consists of 11 positions: 9 Sergeants and 2 Lieutenants. The two-year contract provides a wage adjustment of 2.25% for each year of the contract. It also includes an equity adjustment for both Lieutenants and Sergeants in order to bring their wages more in line with other similarly-sized metro area cities. This was done after a thorough analysis of inetro wages by staff. A $40 per month increase in the City's contribution towards health insurance was also agreed to as well as an increase of$7.50 per month towards Employee single dental coverage. Both the 2.25% wage adjustment for 2014 and the health and 2014-15 Contractxxx dental insurance contributions are the same as provided to non-Union staff. There is a reopener provision for health insurance for 2015. i III. BASIS OF RECOMMENDATION A. BACKGROUND The tentatively approved two year contract settlement includes the following significan# changes: • Wages: A two and two-quarter percent wage adjustment for 2014 and a two and two-quarter percent wage adjustment for 2015. • Equity Adjustment: An equity adjustment was provided to this bargaining unit because metro wage surveys indicated that this employee group falls below the metro average wage for both lieutenant and sergeant positions. The equity adjustment brings the group closer to the average at the end of 2015. The lieutenants received an additional $90 per month for 2014 and again in 2015. The sergeants received an additional $25 per month for 2014 and $20 per month in 2015. • Health Insurance: A $40 increase to the Employer health insurance contribution, which provides up to a maximum contribution of$669.50 per month for single Employee coverage, $990 per month for Employee plus spouse or Employee plus child(ren) coverage and $1,040 per month for Employee plus family coverage. • Dental Insurance: A $7.50 increase to the Employer contribution for Employee single dental insurance coverage at $52.50 per month. B. PoLICY • The City has met and negotiated in good faith with the Union and its representatives and is bound under the Public Employer's Labor Relations Act to meet and bargain over the terms and conditions of employment. • The proposed settlement for the health and dental insurance provisions is identical to those provided to non-union City employees. The City has a long history of providing the same level of insurance benefits to all eligible City employees. • The 2014 two and two-quarter percent (effective the first full pay period in 2014) wage increase represents the same wage adjustment implemented for non-union City employees. All other bargaining units remain unsettled for 2014. • The wage settlement and health insurance provision is well within the range for other comparable bargaining groups in similar metro cities. The vast majority of Logis group members passed the health insurance premium savings onto their employees. C. CRITICAL TIMING ISSUES • In order to allow the City's accounting personnel to modify payroll records in a timely manner for 2014 wages and benefits, it is recommended that the City Council act on January 14, 2014 to adopt the attached resolution providing for contract changes, effective January 1, 2014. D. FnvaNClaL • Two and two-quarter percent wage increase effective the first full pay period of 2014, for contract year 2014. A two and two-quarter percent wage increase effective the first full pay period of 2015. • An equity adjustment in the form of a $90 per month increase in both years 2014 and 2015 for lieutenants and $25 per month increase in 2014 and $20 per month increase in 2015 for sergeants. For 2 full- time lieutenants, these adjustments represent a total cost of$4,320, and for 9 full-time sergeants the adjustments represent a total cost of $4,860. • A $7.50 per month increase in Employer monthly contribution towards employee single dental insurance in 2014. • A $40 per month increase in Employer monthly contribution towards health insurance coverage in 2014. E. LEGAL • If the terms of this agreement are not approved, further negotiation and/or mediation will be necessary. F. ENVIRONMENTAL CONSIDERATIONS • NA IV. ALTERNATIVE RECOMMENDATION�S� • Do not approve the terms of this agreement and prepare for further negotiation and/or mediation. • Defer discussion to another date. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 11- � RESOLUTION NO. RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND LAW ENFORCEMENT LABOR SERVICES (LELS), LOCAL 162 BARGAINING UNIT FOR YEARS 2014 - 2015 WHEREAS, the City Manager and the Richfield Police Supervisors LELS Local 162 have reached an understanding concerning conditions of employment for years 2014 and 2015; and WHEREAS, it would be inappropriate to penalize LELS Local 162 members who have negotiated in good faith; and WHEREAS, the City Ordinance requires that contracts between the City and the exclusive representative of the employees in an appropriate bargaining unit shall be completed by Council resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the Labor Agreement between the City of Richfield and LELS Local 162 Bargaining Unit for years 2014 and 2015, under the provisions of the Labor Agreement to be implemented, effective January 1, 2014 and authorize the City Manager to execute the contract. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of January 2014. Debbie Goettel Mayor ATTEST: Nancy Gibbs City Clerk - . AGENDA SECTION: OTHER BUS. AGENDA ITEM# 12 RE}?ORT# 2� STAFF REPORT ��s' ' ' r'� CITY COUNCIL MEETING JANUARY 14, 2014 REPORT PREPARED BY: C�RYL KRUMHOLZ, EXECUTIVE COORDINATOR NaMC,TircE DEPARTMENT DIRECTOR REVIEW: � N/A SIGNATURE OTHER DEPARTMENT REVIEW: � N/A SIGNAT REVIEWED BY CITY MANAGER: ' i� ITEM FOR COUNCIL CONSIDERATION: Consideration of designating representatives to serve as the 2014 liaisons to various metropolitan agencies and City commissions. I. RECOMMENDED ACTION: By Motion: Designate City Council liaison appointments to various metro olitan a encies and Cit commissions for 2014. II. EXECUTIVE SUMMARY Members of the City Council serve as the City's representatives on various metropolitan agencies and City commissions. Each year, the City Council appoints these representatives. III. BASIS OF RECOMMENDATION A. BACKGROUND • The City Council considers the designation of liaisons at the first meeting in January of each year. B. POLICY 01141iaisonsxbc • Each year, the City Council appoints representatives on metropolitan agencies and commissions. G CRITICAL TIMING ISSUES • The City needs representation on metropolitan agencies and commissions. D. FINANCIAL • None. E. LEGAL • N/A F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S� • The City Council could defer the designations to a future City Council meeting. V. ATTACHMENTS • Liaison appointment list. VI. PRINCIPAL PARTIES EXPECTED AT M�ETING • None. ,I i l�e- � I i AGENCY 2013 LIAISON 2014 LIAISON ! METRO CITIES DEBBIE GOETTEL, REP. '� PAT ELLIOTT; EDWINA GARCIA; TOM FITZHENRY; !� SUE SANDAHL, ALTS. j LEAGUE OF MINNESOTA CITIES DEBBIE GOETTEL, REP. ' SUE SANDAHL, ALT. '� NOISE OVERSIGHT COMMITTEE TOM FITZHENRY, REP. ��' PAM DMYTRENKO, ALT. I TRANSPORTATION COMMISSION SUE SANDAHL; LIA. ', TOM FITZHENRY, ALT. ' I-35W SOLUTIONS ALLIANCE SUE SANDAHL, LIA. I PAT ELLIOTT, ALT. MIKE EASLTING, STAFF LIA. 494 CORRIDOR COMMISSION SUE SANDHRL, LIA. PAT ELLIOTT, ALT. ' JEFF PEARSON, STAFF LIA. MCWD/NMCWD DEBBIE GOETTEL PAT ELLIOTT PLANNING COMMISSION EDWINA GARCIA, LIA. PAT ELLIOTT, ALT. COMM. SERVICES COMMISSION EDWINA GARCIA, LIA. PAT ELLIOTT, ALT. ADVISORY BOARD OF HEALTH DEBBI'E GOETTEL, LIA. TOM FITZHENRY, ALT. HUMAN RIGHTS COMMISSION PAT ELLIOTT, LIA. EDWINA GARCIA, ALT. FRIENDSHIP CITY COMMISSION DEBBIE GOETTEL, LIA. SUE SANDAHL, ALT. ARTS COMMISSION DEBBIE GOETTEL, LIA. SUE SANDAHL, ALT. RICHFIELD COMMUNITY HUMAN DEBBIE GOETTEL, REP. SERVICES PLANNING COUNCIL EDWINA GARCIA, ALT. FOWL BOARD DEBBIE GOETTEL, REP. EDWINA GARCIA, ALT. SOUTHWEST CABLE COMMISSION PAT ELLIOTT, REP. STEVE DEVICH, REP. SUE SANDAHL, ALT. RICHFIELD HISTORICAL SOCIETY DEBBIE GOETTEL, REP. SUE SANDAHL, ALT. RICHFIELD SCHOOL DISTRICT DEBBIE GOETTEL, REP. PAT ELLIOTT, ALT. 12/30/13 AGFNDA SECTION: OTHER BUS. AGENDA ITEM# 13 REPORT# 22 STAFF REPORT �;�'' { ' ''� CITY COUNCIL MEETING r JANUARY 14, 2014 �' REPORT PREPARED BY: CHERYL KRUMHOLZ, EXECUTIVE COORDINATOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: � N/A SIGNATURE OTHER DEPARTMENT REVIEW: � N/ _ .----�" ,: - �,- , sr Uns / REVIEWED BY CITY MANAGER: � ITEM FOR COUNCIL CONSIDERATION: Discussion regarding City Council attendance at the 2014 National League of Cities (NLC) Conferences. I. RECOMMENDED ACTION: By Motion: Designate Council Member(s) to attend the March 8-12, 2014 NLC Congressional City Conference in Washington, D.C. and the November 18-22, 2014 NLC Congress of Cities and Exposition in Austin, TX. II. EXECUTIVE SUMMARY According to State Statute 471.66, the governing body of cities and school districts must adopt a policy that controls out-of-state travel for elected officials. That policy was adopted by the City Council in November 2005 and stipulates that the City Council must approve, in advance by a motion, attendance at out-of-state conferences. Information regarding the 2014 conferences is available on their website: www.nlc.orq. • III. BASIS OF RECOMMENDATION 0114conferencesx�oc ! A. BACKGROUND • The City Council has determined that attendance at the NLC conferences is beneficial to the City's operations and long-range planning efforts. B. PoLICY • According to State Statute, the governing body of cities and school districts must adopt a policy that controls out-of-state travel for elected officials. • The out-of-state travel policy was adopted in November 2005. • The City Council must approve, in advance by a motion, attendance at out-of-state conferences. C. CRITICAL TIMING ISSUES • It is critical that the City Council remains in the informational loop regarding congressional activities as it relates to federal funds and homeland security issues. D. FINANCIAL • Funds for the City Council to attend the NLC conference(s) are included in the City's 2014 budget. E. LEGAL • According to State Statute 471.66, the governing body of cities and school districts must adopt a policy that controls out-of-state travel for elected officials. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION�S� • The City Council may want to address this designation prior to each conference. • The City Council may decline to send delegates. V. ATTACHMENTS • List of conferences. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING �� • N/A ��f � � COUNCIL MEMBER ATTENDANCE AT NATIONAL CONFERENCES 2009 - 2014 CONFERENCE DATE LOCATION ATTENDEES COST 2009 NLC March 14-18 Washington, DC None None Congressional Cit NOISE TBD (typically TBD None None Jul ) NLC Congress November 10-14 San Antonio, TX Sandahl $2380 of Cities 2010 NLC March 13-17 1Nashington, DC Goettel None Congressional Cit NOISE TBD (typically TBD None None Jul NLC Congress Nov. 30-Dec. 4 Denver, CO None None of Cities 2011. NLC March 12-16 Washington, DC Goettel $2590 Congressional Cit NLC Congress Nov.8-12 Phoenix. AZ Goettel $1802 of Cities 2012 NLC March 10-14 Washington, DC Goettel $2230 Congressional Cit NLC Congress Nov.27 - Dec.1 Boston, MA None of Cities 2013 NLC March 9-13 Washington, DC Goettel $2250 Congressional � Cit NLC Congress Nov.13-16 Seattle, WA Goettel of Cities 2014 NLC March 8-12 Washington, DC Congressional Cit NLC Congress Nov.18-22 Austin, TX of Cities 12/30/13 AGENDA SECTION: OTHER BUS. AGENDA ITBM.# 14 KEPORT# 23 STAFF REPORT , ��► r ` �''� CITY COUNCIL MEETING JANUARY 14, 2014 REPORT PREPARED BY: C�RYL KRUMHOLZ, EXECUTIVE Coo�nvaTOx NAMC TITLE DEPARTMENT DIRECTOR REVIEW: � N/A SIGNATURE OTHER DEPARTMENT REVIEW: � N/A SlGN URE REVIEWED BY CITY MANAGER: � � ITEM FOR COUNCIL CONSIDERATION: Consideration of the designation of a Mayor Pro Tempore for 2014. I. RECOMMENDED ACTION: By Motion: City Council designation of a Mayor Pro Tempore for 2014. II. EXECUTIVE SUMMARY The City Charter states it is necessary to designate a City Council Member to serve as the Mayor Pro Tempore for those times when the Mayor is absent from the City. City Council Member At-Large Sue Sandahl served a Mayor Pro Tempore in 2013. III. BASIS OF RECOMMENDATION A. BACKGROUND • The City Council typically considers the designation of a Mayor Pro Tempore at the first meeting in January of each year. B. PoLicY 0114MayorP roTem porexxx • Each year the City Council designates a Council Member to serve as the Mayor Pro Tempore. C. CRITICAL TIMING ISSUES • It is necessary to designate a Mayor Pro Tempore to ensure continuation of City operations during an absence of the Mayor. D. FINANCIAL • N/A E. LEGAL • Section 2.06. The Mayor. Subdivision 1, of the City Charter states: "The Mayor shall be the presiding officer of the Council, except that the Council shall choose from its members a president pro temp who shall hold office at the pleasure of the Council and shall serve as ' president in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City." F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION�S� • The City Council could defer the designation to a future City Council meeting. V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A