11-27-07 Agenda
CITY OF RICHFIELD, MINNESOTA
TUESDAY, NOVEMBER 27,2007
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SPECIAL CITY COUNCil WORKSESSION
COUNCil CHAMBERS
6700 PORTLAND AVENUE
5:30 P.M.
AGENDA
Call to order
Roll call
5:30 - 6:50 p.m.
1. Discussion regarding parking/outside storage of recreational vehicles
(Council Memo No. 214)
Notes:
Adjournment
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REGULAR CITY COUNCil MEETING
COUNCil CHAMBERS
6700 PORTLAND AVENUE
7:00 P.M.
AGENDA
INTRODUCTORY PROCEEDINGS
Call to order
Roll call
Open forum (15 minutes maximum)
Each speaker is to keep their comment period to three minutes to allow sufficient time for
others. Comments are to be an opportunity to address the Council on items not on the agenda.
Individuals who wish to address the Council must have registered prior to the meeting.
Notes:
PRESENTATIONS
1. Report on 494 Commuter Services 2006 accomplishments (Council Memo 215)
2. Honoring All Veterans Memorial Update
COUNCIL DISCUSSION
3. Council discussion
. Cancel December 26, 2007 City Council Meeting
. Council Member Sandahl report on NLC Conference
. Hats Off To Hometown Hits
Notes:
AGENDA APPROVAL
4. Council approval of agenda
CONSENT CALENDAR
5. Consent Calendar contains several separate items, which are acted upon by the City
Council in one motion. Once the Consent Calendar has been approved, the individual
items and recommended actions have also been approved. No further Council action is
necessary. However, any Council Member may request that an item be removed from
the Consent Calendar and placed on the regular agenda for Council discussion and
action. All items listed on the Consent Calendar are recommended for approval.
A. Consideration of approval of award of contract for demolition of the properties
located at 6613,6617,6621 and 6625 Portland Avenue to Shade Tree Construction
in the amount of $31 ,050 S.R. No. 301
B. Consideration of approval offirst reading of proposed ordinance changes in
subsections 405.07, 405.09 and 405.15 of the Richfield Housing Code that relate to
appeals of housing code violations, sanitation requirements and minimum space
and occupancy requirements and scheduling second reading for December 11,
2007 S.R.No.302 .
C. Consideration of approval of agreement with the City of Bloomington to provide
various types of plumbing and mechanical inspections and code enforcement for
2008 S.R. No. 303
D. Consideration of approval of agreement with the City of Bloomington for the
provision of food inspection services for 2008 S.R. No. 304
E. Consideration of approval of renewal of lawful gambling license for the Minneapolis-
Richfield American Legion Unit #435 Auxiliary, 6501 Portland Avenue, and
resolution allowing #435 Auxiliary to conduct lawful gambling activity S.R. No. 305
F. Consideration of approval of new taxi license for La Mexicana Express Taxi & Limo,
Inc., 422-24th Avenue NE, Minneapolis S.R. No. 306
G. Consideration of first reading of an ordinance repealing City Code Section 426
related to public commercial wireless telecommunication services antennas and
towers and scheduling a second reading for December 11,2007 S.R. No. 307
H. Consideration of approval of a resolution extending the commitment that the City
will not sell, or encumber through easement or license or otherwise, any of the land
that it owns within the area covered in the preliminary Agreement between the
Richfield Housing and Redevelopment Authority and United Bankers' Bank S.R.
No. 308 .
I. Consideration of approval of a resolution extending the commitment that the City
will not sell, or encumber through easement or license or otherwise, any of the land
that it owns within the area covered in the preliminary Agreement between the
Richfield Housing and Redevelopment Authority and TOLD Development Company
S.R. No. 309
J. Consideration of authorization for City Manager to execute a contract with the City
of Minneapolis for reimbursement of costs incurred by the City of Richfield for
sending two Firefighters to structural collapse rescue training S.R. No. 310
Notes:
6. Consideration of items, if any, removed from Consent Calendar
Notes:
PUBLIC HEARING
7. Public hearing and consideration of second reading of transitory ordinance authorizing
the sale of excess right-of-way real property at 6600 Oakland Avenue and resolution
authorizing summary publication of the transitory ordinance
Staff Report No. 311
Notes:
PROPOSED ORDINANCES
8. Consideration of second reading of ordinance amendment to Richfield City Code
Section 925 authorizing a fee for repeat calls to property for nuisance conduct and
resolution authorizing summary publication of ordinance
Staff Report No. 312
Notes:
9. Consideration of second reading of ordinance amendment to Richfield City Code
Appendix D establishing a fee schedule for certain permits and applications and
resolution authorizing summary publication of ordinance
Staff Report No. 313
Notes:
CITY MANAGER'S REPORT
10. City Manager's report
· Annual City Council/City staff goalsetting
Notes:
11 . Claims and payrolls
Open forum (additional 15 minutes if more time needed after first Open Forum and by
majority vote of the City Council)
Each speaker is to keep their comment period to three minutes to allow sufficient time for
others. Comments are to be an opportunity to address the Council on items not on the agenda.
Individuals who wish to address the Council must have registered prior to the meeting.
Notes:
12. 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.
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AGENDA SECTION:
AGENDA ITEM #
REpORT #
CONSENT
SA
301
....
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
NOVEMBER 27, 2007
REpORT PREPARED By:
KRISTIN ASHER, ASSISTANT CITY
ENGINEER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
~
ri
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a Contractfor Demolition of Four Single-Family Houses for the upcoming 66th
Street & Portland Avenue Intersection proiect.
I. RECOMMENDED ACTION:
By Motion: Award contract for demolition of the properties located at
6613, 6617, 6621, and 6625 Portland Avenue South in Richfield, to
Shade Tree Construction in the sum of $31,050.
I II. BACKGROUND. I
The properties located at 6613, 6617, 6621, and 6625 Portland Avenue were
purchased for the 66th Street and Portland Avenue Intersection project. All four
properties are currently vacant and, as such, are potential nuisances for the
community. Vacant properties are expensive for the City to insure and moving
forward with the demolition this fall/winter will help keep the project on track next
year. The neighbors have been notified of the upcoming demolition. Upon approval
of this contract, the demolition is tentatively scheduled to begin in early late
November/early December. The contractor has 60 days to complete the demolition
once the contract is awarded.
1127demohomes
At the Council Meeting on November13, 2007, due to some irregularities in the bids
received and since the estimated cost of the work was less than $50,000, the City
Attorney recommended that the Council reject all the bids and receive quotes for
the demolition.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
· Demolition and site clearance is necessary for the upcoming roadway
project.
· The City can contract up to $50,000.00 by obtainin.g quotations
without going through a formal bid process.
· The lowest quotation was from Shade Tree Construction at $31,050.
if
I B. CRITICAL ISSUES ,
· Vacant property is expensive for the City to insure and is considered a
nuisance to the neighborhood.
I C. FINANCIAL I
· Quotations were received from three different contractors ranging from
$31,050 to $40,400.
· Municipal State Aid (MSA) funds will be used for the demolition and
site preparation.
I D. LEGAL I
· All contracts or purchases in excess of $25,000 require council
approval.
I IV. ALTERNATIVE RECOMMENDATION(S) I
· Do not authorize the Mayor and City Manager to execute the contract and
include the demolitions as part of the intersection project next spring.
· The City may choose to reject proposals and direct staff to obtain new
Council may choose to reject all proposals and direct staff to send out more
request for proposals, however, the prices received for this work are
considered competitive and fair, and staff does not believe lower prices can
be obtained from a reputable contractor.
I V. ATTACHMENTS I
· Recommendation for Contractor Selection from Peer Engineering
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None.
5 f)-I
~
Engineenng
'~fld.~..~
Eden
Ms. KtistinAsheJ:',P.R
PubIic'WorksPep~t
City QtRichfield
6700 Portland. Avenue
RiclJfield,MN5S423
NOVem~t't9,2007
RBi Reco~~f:ip:n{pr(:::on.ttactorSe1ecf:ion
~oUfion...()tFOt1t"".smgI~Fan:WYResideflp;.u'..~,
P61~i6617,6621, and 6625Po~<i.,A~ue.S<:>utb
Ricbfleld,..Mitt.t1eSoUl
Dea.rMs. A$her:
P~E!lgineering, 1nc.(Peer) l1as.rmeWedtb.eqtIotest'e.qeiv~()n.~overnbel'1.6,2007
&QUl 'tl1t~ ..conitacfOrgtQcomplete.tlIe d~nf:io~of. rQUl" . sittgIe-~yresidential
~es aslW... .ted.aoove. 'l[I1,e.ql.1~ Wete.~~ fu l'e$ponsEtto.cmrsoIicitaf:i()1:l ()!l
... ., - ~
~(')V',embel' 14, 2007'pe.r}y<:ll.1l'~U~t. .
QUotes Received
Qu()te.tUtachments videa?
')fesm
Yes
'Peer ..hasmvet;f:igatedtbefpll()~ ~tion.which was.pr()yi~ W'itbtbequPte
subn1i.~by ~det~.
1.Re{el'ettC$fQr.recent1ycompletedproj~pf.sitniIarscopeandnaturetothis
PrOjeCt:.
2. Subcon.tra~....~....~.~.....01:l ,th.i$ proj~
Referettces
SbadeTt~ prOVidedfhreereferences Witb~ bidSUbnllttaI,asrequested. Peer
contacted allfhreeoftheirrefetencE!$attd each of the fhree individt1a1s stated tbatShade
Tree .lmdcomp1etedthe dem()Iiti01:l. ptojectsWithouf problem and "on'~, .Allthtee
Stated tha.f they WPtdd .hite.them(lgain.. In fact"oneof .tb.erefeJ:'e,r:u;:es ..~a. CtU;te.ttt
Affirmative Action; Equal Opportunity Employer
5f1-~
MS. Kristin. Asher/P.B.
Novemb?r19j 2007
Page 2
agteen:l~nt with Shade Tree to complete the dernolitionQfaddifu;)naIJ,uildings infhe
next few months.
.Suooontractors
Sha~~prOvidoo thetta.tnesofari1ilSbestoseontractoran<1 <<it WeIl$ealirlg:ccmtractor.
Bofhcornpaniesnave Ct1ti'ent1ieertsesWith~~esqta,De~tQfaeaIth.
s~
Based On ~low; q~oteand additionaIinfonnatiOnproVidedtoP~ QI1 f{ov~rl~j
200~Wet~end thattheatyofRichfieldcon~actwith~4~1'~GQIIS~~cm
fot the~molition of.fotirSingIe~y l'~d~$tPlc~es.
Sincerely,
Peer Engineering, Inc.
Bruce Schaepe, F.E.
AGENDA SECTION:
AGENDA ITEM #
RF;PORT#
CONSENT
5B
302
......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
NOVEMBER 27, 2007
REpORT PREPARED By:
BETSY OSBORN, SUPPORT SERVICES
DNISION MANAGER
NAME, TInE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
gJ
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
First reading of ordinance amendments to the housing code, subsections 405.07,405.09 and
405.15 of the Richfield City Code, and schedule a second reading for December 11, 2007.
Amendments relate to appeals of housing code violations, sanitation requirements, and
minimum space and occupancy requirements.
1. RECOMMENDED ACTION:
By Motion:
· Approve first reading of ordinance changes in subsections 405.07,
405.09 and 405.15 of the City of Richfield Housing code that relate
to appeals of housing code violations, sanitation requirements and
minimum space and occupancy requirements,
· Schedule a second reading for December 11, 2007.
I II. BACKGROUND I
Staff has been working on revisions to the City's housing code, with a focus on
occupancy provisions. Most recently, the City Council reviewed a draft ordinance in
July 2007. A revised draft of the ordinance was presented to the Council for
discussion at its September 25,2007 work session.
1127 First Reading of Occupancy Ordinance Amendments
As background, it is noted that the original purpose of the amendment to the
housing code was not to reduce the number of persons who could live in a dwelling.
The purpose instead was to change the method for calculating maximum
occupancy in order to reduce administrative difficulties. The existing code
determines the maximum occupancy based on the floor area in the dwelling. Under
the proposed revision, maximum occupancy would be based primarily on the
number of sleeping rooms in the dwelling unit, although some level of taking internal
measurements may still be necessary on occasion. These changes should also
help in allowing residents and landlords to determine whether occupancy limits are
satisfied or not.
The revised ordinance retains the concept of calculating occupancy based on the
number of sleeping rooms, but some refinements have been made since the July
2007 study session. Rather than allow two persons per sleeping room, the
ordinance establishes a sliding scale of 1 to 3 persons per sleeping room,
depending upon room size. The ordinance also includes a table that is intended to
be easy to use and understand.
As with the original draft, the revised draft allows up to 2 additional persons if the
dwelling unit contains a multiple purpose room. The draft has been revised to
require that the multiple purpose room have an area of at least 120 square feet,
which is consistent with the requirement for sleeping rooms. Neither the building
code nor federal housing regulations prevent the use of multiple purpose rooms for
sleeping. Limited use of a multiple purpose room for sleeping is not inconsistent
with safe and sanitary housing, which is the purpose served by the occupancy
ordinance. For those reasons, staff recommends that multiple purpose rooms be
included in the calculation of maximum occupancy, with the limitations in the revised
ordinance.
Staff also reviewed the possibility of requiring that sleeping rooms have specified
numbers of electrical outlets or closets in order to qualify as sleeping rooms.
Subsection 405.11 already contains an electrical outlet requirement, which is
consistent with both the building code and federal housing regulations. Closets are
not required under either the building code or housing regulations. Staff
recommends that rather than require a closet in the ordinance, the staff be allowed
to consider the lack of a closet in determining whether "by design and layout" a
room is "intended as a bedroom" or instead is a multiple purpose room.
The revised ordinance includes a new amendment to the minimum standards for
basic equipment and facilities in subsection 405.09 of the code. The revised
ordinance proposes a requirement that one half-bath be provided for every four
sleeping rooms in a dwelling unit. A five-bedroom house, therefore, would require
one full bath and one half-bath.
Staff made a comparison of the new standards to the previous standards, using four
different houses deemed to be typical of the City's housing stock. That comparison
showed that the occupancy requirements were roughly equivalent overall, although
depending upon the particular house, the revised ordinance could result in minor
differences from the existing ordinance, sometimes permitting fewer and sometimes
permitting more occupants than the existing ordinance.
At the Council's September 25, 2007 work session, staff was directed to proceed
with scheduling a first reading of the ordinance draft.
I III. BASIS OF RECOMMENDA nON I
I A. POLICY I
· As noted earlier in this staff report, there have been numerous and on-
going discussions with the City Council regarding these changes. It
was at their September 25, 2007 work session, that staff was directed
to schedule a first reading of the ordinance draft and set the date for a
second reading.
I B. CRITICAL ISSUES I
· Staff believes that this ordinance draft will assist them in making over-
occupancy determinations more easily yet also acknowledges that in
some instances, measurements may still need to be taken.
I C. FINANCIAL
· N/A
I D. LEGAL I
· The City Attorney has worked very closely with staff on the drafting of
this ordinance and supports the ordinance draft in its current state.
I IV. ALTERNATNE RECOMMENDATION(S) I
· The City Council could decide not to approve this ordinance amendment
which would mean that staff would continue to operate under current
occupancy related codes.
I V. ATTACHMENTS I
· City ordinance subsections 405.07,405.09 and 405.15 of the Richfield City
Code.
'VI. PRINCIPAL PARTIES EXPECTED AT MEETING
· None
55-I
ORDINANCE NO.
AN ORDINANCE RELATING TO ENFORCEMENT OF THE
HOUSING CODE; RELATING TO APPEALS OF HOUSING CODE
VIOLATIONS, SANITATION REQUIREMENTS, AND MINIMUM
SPACE AND. OCCUPANCY REQUIREMENTS; AMENDING
SUBSECTIONS 405.07, 405.09 AND 405.15 OF THE RICHFIELD
CITY CODE
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 405.07, subdivision 2 of the Richfield City Code is amended
to read as follows:
Subd. 2. Violations.
(a) Notice. If a violation of this section has occurred, or the enforcement officer has
reasonable grounds to believe that a violation has occurred, notice will be given to
the licensee, or if there is no license, to the owner, operator, or resident of the
premises. Notice of the violation must be in writing and sent by United States mail .
to the last known address of such person. The mailed notice will give the licensee,
owner, or operator a specified number of days, up to 30 days to correct the
violation. The enforcement officer has the authority to extend the time period to
correct a violation if, in the discretion of the enforcement officer, good cause has
been shown.
(b) Appeal. A licensee of a rental property or an owner or resident of a non-rental
property may appeal a determination that a violation of this section exists. The
licensee, owner, or resident must submit a written request for an appeal to the
director of public safety within ten days after receiving a notice of violation under
paragraph (a). A request for an appeal must be based on a claim that the true
intent of this section or rule adopted hereunder have been 'incorrectly interpreted;
that the provisions of this section do not apply, that the requirements of this section
are adequately satisfied by other means, or that strict application of a requirement
under this section would cause undue hardship. A hearing will be held within 20
days after the director of public safety receives the written request for an appeal.
The director of public safety will act as the hearing official and will consider all
relevant evidence, documents, and verbal presentations submitted during the
hearing by both the licensee, owner, or resident and the building official. The
director of public safety will issue a written decision to the licensee appealinQ party
and the building official within ten days of the hearing.
(c) Penalty. If a notice of violation has been given to the licensee under paragraph (a)
and the violation has not been corrected within the number of days specified in the
notice, the licensee may not let dwelling units then vacant, or which become vacant,
until all violations within the same dwelling have been corrected.
Sec. 2. Subsection 405.09, subdivision 3 of the Richfield City Code is amended to
read as follows:
58-;)..
Subd. 3. Flush toilet. Every dwelling unit except as otherwise permitted under
subdivision 5 must contain a room which affords privacy to a person within said
room and which is equipped with a flush water closet and a lavatory basin in good
working condition and properly connected to a water and sewer system approved
by the enforcement officer. A dwellina unit must contain one room meetina the
requirements of this subdivision for each four sleepina rooms (as defined in
subsection 405.15 of this code).
Sec. 3. Subsection 405.15 of the Richfield City Code is amended to read as
follows:
405.15 Minimum space, use and location requirements. Subdivision. 1. Purpose.
This reaulation aims to set occupancy limits for all housina in the City, both rental
and owner occupied. This is necessary to prohibit and deter residence situations
that stress the limits of a home. its neiQhbors and all its buildino systems by having
too many individuals Iivina in a structure that was not intended to handle lan::1e
numbers of occupants and by preventino neoative health impacts on individuals
Iivina in overcrowded residences. The City Council finds that over occupancy of
residences neaatively impacts the health, safety and welfare of the community.
Subd. 2. General Rule. No person may occupy or let to another for
occupancy any dwelling or dwelling unit for the purpose of living therein, which does
not comply with the following requirements.;. of this subsection. The total number of
persons occupyina the dwellina or dwellina unit must not exceed the maximum
requirements established by this subdivision. The maximum number of occupants
for any dwellina or dwellina unit shall be determined accordino to Table 1 below.
For purposes of this subsection. a "sleepina room" includes rooms that by desian
and layout are intended as bedrooms. A "sleepina room" does not include kitchens,
bathrooms. hallways. closets or multiple purpose rooms. A multiple purpose room
includes a Iivina room. dinina room. den or other room that by desian or layout is
not intended as a bedroom. but that is otherwise habitable. For purposes of this
subsection. "occupant" is defined as an individual residina therein.
Table 1:
Room Area in s . ft.
70 or more but less than 120
120 or more but less than 180
180 or more
At least one room 120 or more
unit
Subd. 3. Minimum Requirements
(a) Minimum Area. Every dwelling unit must contain have at least 4W one
habitable room that must have not less than 120 square feet of aross floor
space. for the first resident thereof and at least 100 additional square feet of
floor space to be calculatod on the basis of total habitable room area.;..:.
513-3
(b) Other Rooms. Other habitable rooms must have a aross floor area of not
less than 70 square feet. Kitchens must have not less than 50 square feet of
Qross floor area. in every d'A'elling unit of two or more rooms, every room
intended as a bedroom or one resident must contain at least 70 square feet
of floor space, and every room intended as a bedroom f-or more than one
resident must contain at least 50 square foet of floor space f-or each resident
thereof;
(c) Minimum Dimensions. Habitable rooms must not be less than seven feet in
any horizontal dimension.
@ Minimum Heiaht. Habitable rooms. hallways. bathrooms. and basements
must have a ceilina heiaht of not less than seven feet. Beams may proiect
not more than six inches below the required ceilinQ heiaht. Not more than 50
percent of the required floor area is permitted to have a sloped ceilin!:) less
than seven feet in heiaht with no portion of the required floor area less than
five feet in heiaht. The buildina official may approve a reduced ceilina heiQht
for existina buildinas.
lltl Minimum Arranaements. No dwelling or dwelling unit containing two or more
sleeping rooms may have ~ room arrangements such that access to a
bathroom or water closet compartment intended for use by residents of more
than one sleeping room can be had only by going through another sleeping
room; nor wm may room arrangements be such that access to a sleeping
room can be had only by going through another sleeping room or a
bathroom or water closet compartment;
(d) at least one half of the floor area of e'Jery habitable room must have a ceiling
height of at least seven feet; and the floor area of that part of any room
where the ceiling height is less than five feet '.viII not be considered as part of
the floor area in computing the total floor area of the room f-or the purpose of
determining the maximum permissible occupancy thereof; and
ill Basement Space. Ne No basement space may be used as considered a
habitable sleeping room or dwelling unit unless:
(1) the floor and 'Nalls are impervious to leakage of underground and
surface runoff '.vater and are insulated against dampness. The room
has an emeraency escape openina which is maintained in accordance
with the code in effect at the time the sleepina room was created.
Basement sleepina rooms in existence prior to April 8. 1968 shall have
at least one exterior door. or window that complies with the followina:
!ill provides a minimum net clear openina of not less than 5 square
feet with no dimension less than 22 inches; and
{Q} the sill heiaht is not over 48 inches above the floor.
(2) The total window afea in each room is equal to at least the minimum
window area sizes as required in subsection 405.11; and
58~t/-
(3) The total of oponable window area in each room is equal to at least the
minimum as required under subsection 405.11, except where there is
supplied some other device affording adequate ventilation and
approved by the enforcement officer.
Subd. 4. Exception. A child aoed two years or vounoer is not considered a
person or occupant for the purposes of calculatino maximum occupancy under this
subsection.
Section 3. This ordinance is effective in accordance with Section 3.09 of the
Richfield City Charter.
Passed by the City Council of the City of Richfield, Minnesota this
2007.
day
of
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
AGENDA SECTION:
AGENDA ITEM #
REpORT #
CONSENT
5C
103
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
NOVEMBER 27, 2007
REpORT PREPARED By:
RICHARD REGNIER, CHIEF BUILDING
OFFICIAL
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEw:
IX(
cr
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the continuation of the plumbing and mechanical inspections and code
enforcement contract with the City of Bloomington for provision of inspection services for
Richfield for the year 2008.
I. RECOMMENDED ACTION:
By Motion: Approve the attached contractual agreement with the City
of Bloomington to provide various types of plumbing and mechanical
inspections and code enforcement for the City of Richfield for the
year 2008, with changes in costs.
I II. BACKGROUND I
The City of Bloomington has provided inspection and enforcement services in the
areas of plumbing, heating and air conditioning for many years.
The proposed contract for 2008 for plumbing, heating and air conditioning inspection
services will be $102,310, compared to the 2007 contract amount of $98,850. This
figure reflects a 3.5% increase in charge to the City of Richfield. Beginning in 2008,
Richfield will charge a plumbing plan review fee of1 0% of the permit fee on plumbing
1127 Bloomington Plumbing & Mechanical Inspections Contract for 2008
permits with a job cost of $50,000 or greater. The fees collected will be transferred to
the City of Bloomington as compensation for Bloomington's plan review of large
plumbing jobs. Each year, beginning in 2009, the City of Richfield will send the City of
Bloomington a report detailing all plumbing permit fees collected under this provision.
The contract presented to the Council on 11/27/07 is for one year only.
The terms of the contract provide for the contract to be terminated upon the expiration
of 30 days after the service of written notice upon the other party, if there should be a
need to terminate it before it expires December 31, 2008.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
· The City of Bloomington has provided inspection and enforcement services
in the areas of plumbing, heating and air conditioning for many years.
I B. CRlTICAL ISSUES I
· The City of Bloomington has sufficient resources to provide a professional
level of inspection services to Richfield residents. Annual evaluations of
their services have shown that they are providing efficient services in a very
cost-effective manner.
IC.FmANCIAL I
· The cost of this contract will be recovered by permit fee revenue.
I D. LEGAL
. N/A
I IV. ALTERNATIVE RECOMMENDATION(S) I
· The Council could decide to have Richfield provide its own plumbing, heating and
air conditioning services. The cost of hiring the staff necessary to provide the
same level of services and administrative support would be more than current
expenditures and would require a budget increase.
· The Council could decide to compensate the City of Bloomington at a lower rate
that would require designated reductions in services or programs.
I V. ATTACHMENTS I
· 2008 City of Bloomington Inspections contract.
I VI. PRlNCIP AL PARTIES EXPECTED AT MEETmG
. None
5 t... I
AGREEMENT
This Agreement is made this _ day of , 2008, by and between the
City of Richfield (hereinafter referred to as "Richfield") and the City of Bloomington
(hereinafter referred to as "Bloomington").
WHEREAS, Richfield is authorized and empowered to provide for various types of
building inspections and code enforcement to ensure the public health, welfare and safety;
and
WHEREAS, it is the desire of the parties and the purpose of this agreement that
certain of such services be performed by Bloomington on behalf of Richfield;
NOW, THEREFORE, in consideration of the mutual covenants and conditions set
forth below, the above parties hereto agree as follows:
1. The term of this agreement shall be from January 1, 2008 through December
31, 2008, subject to termination as provided in paragraph 7.
2. For the term of this agreement, Bloomington shall provide Richfield with the
following services, in and on behalf of Richfield:
a. Plumbing inspections and code enforcement as necessary.
b. Plumbing plan review for permits with a job cost less than $50,000.
c. Heating, ventilation, and air conditioning inspections, plan review and code
enforcement for new and existing residential structures and
commercial/industrial applications.
3. Bloomington shall have control over the manner in which the inspections, plan
review and code enforcement activities are conducted and over the determination of what
enforcement action is appropriate and consistent with Richfield City Code Section 400 and
other policies as established by the City of Richfield.
4. Bloomington shall assume the expense of performing the inspections and code
enforcement.
1127 Bloomington Plumbing & Mechanical Inspections Contract for 2008
5C,J,.
5. In 2008, Richfield shall pay Bloomington the sum of ONE HUNDRED TWO
THOUSAND THREE HUNDRED TEN AND NO/100 DOLLARS ($102,310)-for services
provided pursuant to paragraph two of this agreement. One-half of this amount shall be
due on June 30,2008, and the remainder shall be due on November 30,2008.
6. In addition to the services and compenstation in Paragraph 2 and 5 above,
Bloomington shall provide Richfield with plumbing plan review for permits with a job cost of
$50,000 or more. Richfield will pay Bloomington a plumbing plan review fee of 10% of the
total plumbing permit fee on permits with a job cost of $50,000 or greater. The plumbing
plan review fee will be paid to Bloomington within 30 days after the plumbing permit is
issued by Richfield. Such plumbing plan review fees shall be separate from, and in
addition to, the payment provided for by Paragraph 5 of this agreement. All other
provisions of this agreement shall remain applicable with respect to the plumbing plan
review and inspection services being provided. In January 2009, Richfield will provide
Bloomington a report listing plumbing permits issued, the job cost of each permit, and
plumbing plan review fees paid to Bloomington.
7. This.agreement shall terminate as follows:
a. Upon the expiration of 30 days after service of written notice upon the
other party; or
b. At any time, upon agreement of the parties; or
c. In any event on December 31,2008.
8. In the event of a termination prior to December 31, 2008, a prorata reduction of
the compensation owed by Richfield to Bloomington shall occur which reflects the period
remaining on the agreement at the time of termination.
9. Bloomington agrees to defend, indemnify and hold harmless Richfield, and its
officials, agents and employees from and against all claims, actions, damages, losses and
expenses arising out of or resulting from Bloomington's performance of the duties required
under this Agreement, provided that any such claim, action, damage, loss or expense is
attributable to bodily injury, sickness, disease, or death or to the injury to or destruction of
property including the loss of use resulting therefrom and is caused in whole or in part by
any negligent act or omission or willful misconduct of Bloomington. This provision shall not
5
~ C-- 3.
be construed as a waiver by either party of any defenses, immunities or limitators on
liability with respect to claims made by third parties.
10. Richfield agrees to defend, indemnify and hold harmless Bloomington, and its
officials, agents and employees from and against all claims, actions, damages, losses and
expenses arising out of or resulting from Richfield's performance of the duties required
under this Agreement, provided that any such claim, action, damage, loss or expense is
attributable to bodily injury, sickness, disease, or death or to the injury to or destruction of
property including the loss of use resulting therefrom and is caused in whole or in part by
any negligent act or omission or willful misconduct of Richfield. This provision shall not be
construed as a waiver by either party of any defenses, immunities or Iimitators on liability
with respect to claims made by third parties.
11. Bloomington shall carry liability insurance in the amount of at least $300,000
per individual and $1,000,000 per occurrence. Bloomington shall carry property damage
liability insurance in the amount of $100,000. Richfield shall be named as an additional
insured, and a certificate of said insurance shall be provided to Richfield. Bloomington
shall carry Worker's Compensation Insurance as required by Minnesota Statutes, Section
176.181, Subd. 2 and further agrees to provide a certificate of said insurance to the
Richfield.
12. Any employee assigned by Bloomington to perform its obligations hereunder
shall remain the exclusive employee of Bloomington for all purposes including, but not
limited to, wages, salary and employee benefits.
13. In addition to the services listed in Paragraph 2 above, Bloomington shall, upon
request, also provide for and on behalf of Richfield:
a. Electrical inspection and code enforcement services;
b. Building inspection and code enforcement services.
14. Such services shall be paid for by Richfield on an hourly basis at the rate of
$60.00 per hour, and said hourly rate shall be separate from, and in addition to, the
payment provided for by Paragraph 5 of this Agreement. All other provisions of this
Agreement shall remain applicable with respect to the electrical and heating, ventilation
and air conditioning inspection services being provided.
6
St-y
15. In addition to the services listed in Paragraph 2 above, Bloomington shall, upon
request, also provide building plan checking services for and on behalf of Richfield. Such
services shall be paid for by Richfield on an hourly basis at a rate of $65.00 per hour, and
said hourly rate shall be separate from, and in addition to, the payment provided for by
Paragraph 5 of this Agreement. All other provisions of this Agreement shall remain
applicable with respect to the building plan checking services being provided.
16. It is agreed that nothing herein contained is intended or should be construed in
any manner as creating or establishing the relationship of co-partners between the parties
hereto or as constituting the persons employed by Bloomington as the agent,
representative or employee of Richfield for any purpose or in any manner whatsoever.
Bloomington is to be and shall remain an independent contractor with respect to all
services performed under this contract. Bloomington represents that it has, or will secure
at its own expense, all personnel required in performing services under this contract. Any
and all personnel of Bloomington or other persons, while engaged in the performance of
any work or services required by Bloomington under this contract, and shall not be
considered employees of Richfield, and any and all claims that mayor might arise under
the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or
other persons while so engaged, and any and all claims whatsoever on behalf of any such
person or personnel arising out of employment or alleged employment including, without
limitation, claims of discrimination against Bloomington, its officers, agents contracts or
employees shall in no way be the responsibility of Richfield; and Bloomington shall
defend, indemnify and hold Richfield, its officers, agents and employees harmless from
any and all such claims regardless of any determination of any pertinent tribunal, agency,
board, commission or court. Such personnel or other persons shall not require nor be
entitled to any compensation, rights or benefits of any kind whatsoever from Richfield,
including, without limitation, tenure rights, medical and hospital care, sick and vacation
leave, Workers' Compensations, Unemployment Compensation, disability, severance pay
and PERA.
17. The books, records, documents, and accounting procedures of Bloomington
relevant to this Agreement, are subject to examination by Richfield and either the
legislative or state auditor as appropriate, pursuant to Minnesota Statutes, Section
16C.05, Subd. 5.
7
S c.r:5
18. This Agreement represents the entire Agreement between Bloomington and
Richfield and supersedes and cancels any and all prior agreements or proposals, written
. or oral, between the parties relating to the subject matter hereof, any amendments,
addenda, alterations, or modifications to the terms and conditions of this Agreement shall
be in writing and signed by both parties.
19. Bloomington and Richfield agree to comply with the Americans With Disabilities
Act and not to discriminate on the basis of disability in the admission or access to, or
treatment of employment in its services, programs, or activi,ties. Upon request,
accommodation will be provided to allow individuals with disabilities to participate in all
services, programs, and activities. Bloomington has designated coordinators to facilitate
compliance with the Americans With Disabilities Act of 1990 (ADA), as required by
Section 35.107 of the U.S. Department of Justice regulations, and to coordinate
compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section
8.53 of the U.S. Department of Housing and Urban Development regulations. For
information contact Human Services Division, City of Bloomington, 1800 West Old
Shakopee Road, Bloomington, Minnesota 55431; telephone: 952/563-8700; TOD: 563-
8740. Richfield agrees to hold harmless and indemnify Bloomington from costs, including
but not limited to damages, attorney's fees and staff time, in any action or proceeding
brought alleging a violation of ADA by Richfield. Bloomington agrees to hold harmless
and indemnify Richfield from costs, including but not limited to damages, attorney's fees
and staff time, in any action or proceeding brought alleging a violation of ADA by
Bloomington.
20. The City of Bloomington and the City of Richfield agree to submit all claims,
disputes and other matters in question between the parties arising out of or relating to this
Agreement to mediation. The mediation shall be conducted through the Mediation
Center, 1536 Hewitt Avenue, St. Paul, Minnesota, 55104. The parties hereto shall decide
whether mediation shall be binding or non-binding. If the parties cannot reach agreement,
mediation shall be non-binding. In the event mediation is unsuccessful, either party may
exercise its legal or equitable remedies and may commence such action prior to the
expiration of the applicable statute of limitations.
8
5 c,- (p
21. Both parties agree to comply with all applicable state, federal and local laws,
rules and regulations.
IN WITNESS WHEREOF, the parties have set forth their hands on the day and year
first written above.
Upon proper execution, this
Agreement shall be a legal
and binding obligation upon
the City of Bloomington
CITY OF BLOOMINGTON
By:
Its Mayor
By:
Its City Manager
City Attorney
CITY OF RICHFIELD
By:
Its Mayor
By:
Its City Manager
9
AGENDA SECTION:
AGENDA ITEM #
REpORT #
CON~F.N'I'
'in
104
STAFF REpORT
CITY COUNCIL MEETING
NOVEMBER 27, 2007
REpORT PREPARED By:
BETSY OSBORN, ADMINISTRATIVE
SUPPORT SERVICES MANAGER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
rgJ
REVIEWED BY CITY
MANAGER:
ri
ITEM FOR COUNCIL CONSIDERATION:
Approval of the continuation of the agreement with the City of Bloomington for the provision of
food inspection services for Richfield for the year 2008.
1. RECOMMENDED ACTION:
By Motion: Approve the continuation of the agreement with the City
of Bloomington for the provision of food inspection services for
Richfield for the year 2008.
I II. BACKGROUND I
The City of Bloomington has provided inspection and enforcement services in the
areas of food service and plan check for food services for many years.
The proposed contract for 2008 for food service inspections and plan check food
services will be $86,825, compared to the 2007 contract amount of $83,486. The
increase is as a result of an approximately 4% adjustment for salaries and benefits.
The terms of the contract still provide for the contract to be terminated upon the
expiration of 30 days after service of written notice upon the other party, if there
should be a need to terminate it before it expires December 31,2008.
1127 Bloomington Food Inspection Contraction-2008
I III. BASIS OF RECOMMENDATION I
IA. POllCY I
· The City of Bloomington has sufficient resources to provide a
professional level of inspection services to Richfield residents. Annual
evaluations of their services have shown that they are providing
efficient services in a very cost-effective manner.
I B. CRITICAL ISSUES
. N/A
I C. FINANCIAL I
· The contract calls for a change in cost for 2008 for food service
inspections and plan check food services to $86,825, compared to the
2007 contract amount of $83,486, reflecting an approximate 4%
increase in salaries and benefits.
I D. LEGAL
. N/A
I IV. ALTERNATIVE RECOMMENDATION(S) I
· The Council could decide to have Richfield provide its own food services
inspections and plan check food services. The cost of hiring the staff
necessary to provide the same level of services and administrative support
would be more than our current expenditures, and would require a budget
increase.
I V. ATTACHMENTS I
· 2008 City of Bloomington Food Inspection Contract
I VI. PRlNCIP AL PARTIES EXPECTED AT MEETING
· None
5D-J
AGREEMENT
This Agreement is made this _ day of , 2008, by and between the
City of Richfield (hereinafter referred to as "Richfield") and the City of Bloomington
(hereinafter referred to as "Bloomington").
WHEREAS, Richfield is authorized and empowered to provide for various types of
environmental health inspections and code enforcement to ensure the public health,
welfare and safety; and
WHEREAS, it is the desire of the parties and the purpose of this agreement that
certain of such services be performed by Bloomington on behalf of Richfield;
NOW, THEREFORE, in consideration of the mutual covenants and conditions set
forth below, the above parties hereto agree as follows:
1. The term of this agreement shall be from January 1, 2008 through December
31,2008, subject to termination as provided in paragraph 7.
2. For the term of this agreement, Bloomington shall provide Richfield with the
following services, in and on behalf of Richfield:
a. Food service inspections and code enforcement as necessary. A
minimum of two inspections will be done of all "high risk" restaurants and
at least one inspection will be done of all grocery stores. "Low risk"
packaged food establishment will be inspected once per 24 months and
"medium risk" food services establishments once per year.
b. Plan Check for food services.
c. Public swimming pool inspections as necessary.
d. Lodging inspections as necessary.
3. Bloomington shall have control over the manner in which the inspections, plan
review and code enforcement activities are conducted and over the determination of what
enforcement action is appropriate and consistent with Richfield City Code Section 615 and
other policies as established by the City of Richfield.
4. Bloomington shall assume the expense of performing the inspections and code
enforcement.
5 D-- ~
5. In 2008, Richfield shall pay Bloomington the sum of EIGHTY-SIX THOUSAND,
EIGHT HUNDRED TWENTY-FIVE AND NO/100 DOLLARS ($86,825.00) for services
provided pursuant to this agreement. One-half of this amount shall be due on June 30,
2008, and the remainder shall be due on November 30, 2008.
6. This agreement shall terminate as follows:
a. Upon the expiration of 30 days after service of written notice upon the other
party; or
b. At any time, upon agreement of the parties; or
c. In any event on December 31, 2008.
7. In the event of a termination prior to December 31, 2008, a prorata reduction of
the compensation owed by Richfield to Bloomington shall occur which reflects the period
remaining on the agreement at the time of termination.
8. Bloomington agrees to defend, indemnify and hold harmless Richfield, and its
officials, agents and employees from and against all claims, actions, damages, losses and
expenses arising out of or resulting from Bloomington's performance of the duties required
under this Agreement, provided that any such claim, action, damage, loss or expense is
attributable to bodily injury, sickness, disease, or death or to the injury to or destruction of
property including the loss of use resulting therefrom and is caused in whole or in part by
any negligent act or omission or willful misconduct of Bloomington. This provision shall not
be construed as a waiver by either party of any defenses, immunities or Iimitators on
liability with respect to claims made by third parties.
9. Richfield agrees to defend, indemnify and hold harmless Bloomington, and its
officials, agents and employees from and against all claims, actions, damages, losses and
expenses arising out of or resulting from Richfield's performance of the duties required
under this Agreement, provided that any such claim, action, damage, loss or expense is
attributable to bodily injury, sickness, disease, or death or to the injury to or destruction of
property including the loss of use resulting therefrom and is caused in whole or in part by
any negligent act or omission or willful misconduct of Richfield. This provision shall not be
construed as a waiver by either party of any defenses, immunities or Iimitators on liability
with respect to claims made by third parties.
50-3
10. Bloomington shall carry liability insurance in the amount of at least $300,000 per
individual and $1,000,000 per occurrence. Bloomington shall carry property damage
liability insurance in the amount of $100,000. Richfield shall be named as an additional
insured, and a certificate of said insurance shall be provided to Richfield. Bloomington
shall carry Worker's Compensation Insurance as required by Minnesota Statutes, Section
176.181, Subd. 2 and further agrees to provide a certificate of said insurance to the
Richfield.
11.Any employee assigned by Bloomington to perform its obligations hereunder
shall remain the exclusive employee of Bloomington for all purposes including, but not
limited to, wages, salary and employee benefits.
12.ln addition to the services listed in Paragraph 2 above, Bloomington shall, upon
request, also provide for and on behalf of Richfield:
a. Lead inspections and lab services;
b. Housing and grossly unsanitary dwellings inspections and code enforcement
services;
c. Mold inspection and code enforcement services; and
d. Noise inspection and code enforcement services.
Such services shall be paid for by Richfield on an hourly basis at the rate of $60.00 per
hour, and said hourly rate shall be separate from, and in addition to, the payment provided
for by Paragraph 5 of this Agreement. All other provisions of this Agreement shall remain
applicable with respect to the lead, housing, mold and noise inspection services being
provided.
13.lt is agreed that nothing herein contained is intended or should be construed in
any manner as creating or establishing the relationship of co-partners between the parties
hereto or as constituting the persons employed by Bloomington as the agent,
representative or employee of Richfield for any purpose or in any manner whatsoever.
Bloomington is to be and shall remain an independent contractor with respect to all
services performed under this contract. Bloomington represents that it has, or will secure
at its own expense, all personnel required in performing services under this contract. Any
and all personnel of Bloomington or other persons, while engaged in the performance of
5[)-Y
any work or services required by Bloomington under this contract, and shall not be
considered employees of Richfield, and any and all claims that mayor might arise under
the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or
other persons while so engaged, and any and all claims whatsoever on behalf of any such
person or personnel arising out of employment or alleged employment including, without
limitation, claims of discrimination against Bloomington, its officers, agents contracts or
employees shall in no way be the responsibility of Richfield; and Bloomington shall defend,
indemnify and hold Richfield, its officers, agents and employees harmless from any and all
such claims regardless of any determination of any pertinent tribunal, agency, board,
commission or court. Such personnel or other persons shall not require nor be entitled to
any compensation, rights or benefits of any kind whatsoever from Richfield, including,
without limitation, tenure rights, medical and hospital care, sick and vacation leave,
Workers' Compensations, Unemployment Compensation, disability, severance pay and
PERA.
14. The books, records, documents, and accounting procedures of Bloomington
relevant to this Agreement, are subject to examination by Richfield and either the
legislative or state auditor as appropriate, pursuant to Minnesota Statutes, Section 16C.05,
Subd. 5.
15. This Agreement represents the entire Agreement between Bloomington and
Richfield and supersedes and cancels any and all prior agreements or proposals, written
or oral, between the parties relating to the subject matter hereof, any amendments,
addenda, alterations, or modifications to the terms and conditions of this Agreement shall
be in writing and signed by both parties.
16. Bloomington and Richfield agree to comply with the Americans With Disabilities
Act and not to discriminate on the basis of disability in the admission or access to, or
treatment of employment in its services, programs, or activities. Upon request,
accommodation will be provided to allow individuals with disabilities to participate in all
services, programs, and activities. Bloomington has designated coordinators to facilitate
compliance with the Americans With Disabilities Act of 1990 (ADA), as required by Section
35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with
Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S.
Department of Housing and Urban Development regulations. For information contact
5/J-5
Human Services Division, City of Bloomington, 1800 West Old Shakopee Road,
Bloomington, Minnesota 55431; telephone: 952/563-8700; TOO: 563-8740. Richfield
agrees to hold harmless and indemnify Bloomington from costs, including but not limited to
damages, attorney's fees and staff time, in any action or proceeding brought alleging a
violation of ADA by Richfield. Bloomington agrees to hold harmless and indemnify
Richfield from costs, including but not limited to damages, attorney's fees and staff time, in
any action or proceeding brought alleging a violation of ADA by Bloomington.
17. The City of Bloomington and the City of Richfield agree to submit all claims,
disputes and other matters in questior between the parties arising out of or relating to this
Agreement to mediation. The mediation shall be conducted through the Mediation Center,
1536 Hewitt Avenue, St. Paul, Minnesota, 55104. The parties hereto shall decide whether
mediation shall be binding or non-binding. If the parties cannot reach agreement,
mediation shall be non-binding. In the event mediation is unsuccessful, either party may
exercise its legal or equitable remedies and may commence such action prior to the
expiration of the applicable statute of limitations.
18. Both parties agree to comply with all applicable state, federal and local laws,
rules and regulations.
IN WITNESS WHEREOF, the parties have set forth their hands on the day and year
first written above.
Upon proper execution, this
Agreement shall be a legal
and binding obligation upon
the City of Bloomington
CITY OF BLOOMINGTON
By:
Its Mayor
By:
Its City Manager
City Attorney
CITY OF RICHFIELD
By:
Its Mayor
By:
Its City Manager
AGENDA SECTION:
AGENDA ITEM #
REpORT #
CON~F.N1'
'iF.
10'i
STAFF REpORT
CITY COUNCIL MEETING
NOVEMBER 27, 2007
REpORT PREPARED By:
BETSY OSBORN, SUPPORT SERVICES
DWISION MANAGER
NAME, TITLE
COUNCIL PRESENTER:
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW: 181
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the renewal of a lawful gambling license for the Mpls-Richfield American
Legion Unit #435 Auxiliary, 6501 Portland Avenue South, with a resolution approving the
amblin activit re uested b the a Iicant.
I. RECOMMENDED ACTION:
By Motion:
· Approve the request for the renewal of a lawful gambling license
for 2008 for the Mpls-Richfield American Legion Unit #435
Auxiliary, 6501 Portland Avenue South; and,
· Approve the attached resolution allowing the #435 Auxiliary to
conduct lawful gambling activity requested by the applicant in
accordance with Richfield City Code 1100.13, subd.6.
I II. BACKGROUND I
On November 7,2007, the Mpls-Richfield American Legion Unit #435 Auxiliary
group submitted an application for renewal of their lawful gambling license. The
applicant has paid the required investigation fee.
The Public Safety Department has conducted the required background investigation
and has determined that the applicant has complied with all of the requirements.
1127 Renewal of Legion Auxiliary Gambling License
I III. BASIS OF RECOMMENDA nON I
IA. POC~Y I
· Richfield City Code 1100.13 requires the Public Safety department to
review the request for the gambling license and make its review and
recommendation to the City Council.
I B. CRITICAL ISSUES I
· The applicant has complied with the state statutes and City code
pertaining to lawful gambling.
· The applicant has submitted the request within sixty days of the
renewal of the license.
· The applicant has demonstrated that the gambling activity requested
is a benefit to the community.
I C. FINANCIAL
.. N/A
I D. LEGAL
· N/A
I IV. ALTERNATIVE RECOMMENDATION(S) I
· Deny the request for the issuance of a lawful gambling license for the Mpls-
Richfield American Legion Unit #435 Auxiliary. This would mean that the
applicant would not be able to conduct gambling activities within the
establishment; however,the Public Safety Department has not found any
basis for a denial.
I V. ATTACHMENTS I
· Resolution # granting approval for the Mpls-Richfield American Legion
Unit #435 Auxiliary to conduct lawful gambling.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING I
· Representatives from the American Legion Auxiliary.
5E-1
RESOLUTION NO.
A RESOLUTION GRANTING APPROVAL FOR
THE MPLS-RICHFIELD AMERICAN LEGION UNIT #435 AUXILIARY
TO CONDUCT LAWFUL GAMBLING
WHEREAS, the Mpls-Richfield American Legion Unit #435 Auxiliary has submitted
an application for a lawful gambling license; and
WHEREAS, the application requests a license to conduct raffle operations; and
WHEREAS, Minnesota State Statute Section 349.213 provides authority for review
of applications by local authorities; and
WHEREAS, Section 1100.13 of the Richfield City Code provides regulation of lawful
gambling; and
WHEREAS, the Department of Public Safety has completed an investigation of the
application and finds the application to be in order;
NOW THEREFORE, BE IT RESOLVED by the Mayor and Council, City of Richfield,
Minnesota, as follows:
1. That a lawful gambling license be granted to the Mpls-Richfield American Legion
Unit #435 Auxiliary, 6501 Portland Avenue South.
Passed by the City Council of the City of Richfield, Minnesota this 27th day of
November 2007.
Debbie Goettel, Mayor
Nancy Gibbs, City Clerk
AGENDA SECTION:
AGENDA ITEM #
REpORT #
CONSENT
SF
306
.......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
NOVEMBER 27, 2007
REpORT PREPARED By:
BETSY OSBORN, SUPPORT SERVICES
DIVISION MANAGER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
~
ri
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a request for a new taxi license for La Mexicana Express Taxi & Limo, Inc.,
411 24th Avenue NE, Minneapolis, MN.
1. RECOMMENDED ACTION:
By Motion: Approve the request for a new taxi license for La
Mexicana Express Taxi & Limo, Inc., 411 24th Avenue NE,
Minneapolis, MN.
I II. BACKGROUND I
On November 19, 2007 the City received an application for a new taxi license for La
Mexicana Express Taxi & Limo, Inc. The application is complete and all required
fees have been paid.
At the present time, there will be three licensed vehicles.
The Public Safety background investigation has been completed and reveals the
following:
1127 New Taxi License for La Mexicana Express Taxi & Limo, Inc.
Jose lIIisaca, Angel Paucar, Segundo Quizhpi, and Edison Lautaro Urgiles are the
owners of the business. Angel Paucar will be acting as the general manager. None
of these individuals has any known criminal record.
The certificate of liability insurance has been submitted showing American Country
Insurance affording the coverage.
At the present time, the number of vehicles that will be operating in Richfield will not
exceed three. However, there is a possibility new vehicles could be added.
The applicant has supplied the information regarding the make, body style and year
of all vehicles to be operated by the applicant. The applicant also agrees to supply
this information for any added vehicles in the future, as well as pay additional fees
for additional vehicles making pick-ups within the City of Richfield.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
· The applicant meets the standards that are contained in the City's
ordinance.
I B. CRITICAL ISSUES I
· Three vehicles are currently listed on the application to be licensed as
a taxicab; therefore, no additional vehicles will be allowed to pick up
patrons in the City without first obtaining the appropriate license.
Future vehicles could be added to the license, providing that the
proper paperwork has been completed, fees paid, and proof of current
liability insurance submitted.
I C. FINANCIAL
· N/A
/D. LEGAL
. N/A
I IV. ALTERNATIVE RECOMMENDATION(S) I
· Deny the request for a new taxi company license for La Mexicana Express
Taxi & Limo, Inc. This would mean that the applicant could not pick up fares
within the City of Richfield.
I V. ATTACHMENTS
. None
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
· Angel Paucar, Owner/Operator
· Jose lIIisaca, Owner/Operator
AGENDA SECTION:
AGENDA ITEM #
REpORT #
CONSENT
5G
307
~
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
NOVEMBER 27, 2007
REpORT PREPARED By:
MELISSA POEHLMAN, PLANNING &
ZONING ADMINISTRATOR
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
[l2(
ri
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
First reading of an ordinance repealing Section 426 of the City Code related to public
commercial wireless telecommunication services antennas and towers. Regulations related to
telecommunication towers and antennas has been revised and moved to Section 544 of the
ZoninQ Code.
I. RECOMMENDED ACTION:
By Motion: Approve a first reading of the attached ordinance
repealing Section 426 of the City Code related to public commercial
wireless telecommunication services antennas and towers and
schedule second reading for December 11., 2007.
I II. BACKGROUND I
On November 13, 2007 the City Council approved a second reading of new
ordinances related to zoning throughout the City. As part of the revisions to the
Zoning Code, updated language related to telecommunication antennas and towers
was added to the General Building and Performance Standards Section. To avoid
potential confusion and contradictory regulations, Section 426 of the City Code
should be repealed.
112707 - 1 st Reading repeal 426
I III. BASIS OF RECOMMENDATION I
I A.. POLICY I
· Section 426 of the City Code and Section 544 of the Zoning Code
require different regulations for telecommunication towers and
antennas. The antiquated section should be removed to avoid conflict
and confusion.
I B. CRITICAL ISSUES I
· There currently exist two contradictory sets of regulations for
telecommunication towers and antennas.
I C. FINANCIAL
· N/A
I D. LEGAL I
· Section 426 of the City Code and Section 544 of the Zoning Code
require different regulations for telecommunication towers and
antennas. The antiquated section should be removed to avoid conflict
and confusion.
· A public hearing is not required with the second reading.
I IV. ALTERNATIVE RECOMMENDATION(S)
· N/A
I V. ATTACHMENTS
· Ordinance
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. N/A
56--1
BILL NO. 2007-
AN ORDINANCE REPEALING SECTION 426
OF THE CITY CODE RELATED PUBLIC COMMERCIAL
WIRELESS TELECOMMUNICATION SERVICES
ANTENNAS AND TOWERS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Section 426 of the City Code, which regulates public commercial
wireless telecommunication services antennas and towers, is hereby repealed, due to the
inclusion of new wireless telecommunication services antenna and tower regulations in
Section 544 of the City Code.
Section 2. This ordinance is effective in accordance with Section 3.09 of the
Richfield City Charter.
Passed by the City Council of the City of Richfield, Minnesota this 11th day of
December 2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk.
AGENDA SECTION:
AGENDA ITEM #
REpORT #
CONSENT
5H
308
........
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
NOVEMBER 27, 2007
REpORT PREPARED By:
BRUCE P ALMBORG, COMMUNITY
DEVELOPMENT DIRECTOR
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
An extension of a Commitment that the City will not sell, or encumber through easement or
license or otherwise, any of the land that it owns within the area covered in the Preliminary
Agreement extended between the Richfield Housing and Redevelopment Authority and United
Bankers' Bank.
1. RECOMMENDED ACTION:
By Motion: Adopt the attached resolution extending the commitment
that the City will not sell, or encumber through easement or license or
otherwise, any of the land that it owns within the area covered in the
Preliminary Agreement between the Richfield Housing and
Redevelopment Authority and United Bankers' Bank and extending
the Right-of-Entry Agreement for the same area.
I II. BACKGROUND I
On November 19, 2007 the Richfield Housing and Redevelopment Authority (HRA)
extended a Preliminary Agreement with United Bankers' Bank (UBB). The purpose
of the Preliminary Agreement extension is to permit the HRA to consider the results
of the feasibility analysis at its February meeting. UBB is considering constructing a
two-story office building of 60,000-sq. ft. on the site south of the Decision One
112707 - UBB commitment
building. The project site currently includes an 11-unit apartment building, a single-
family residence, four parcels owned by the City and the northern tip of a larger tract
of land occupied by two apartment buildings.
Under the Preliminary Agreement extension, the HRA agreed to use its best efforts
to obtain an extension commitment from the City, that the City will not sell or
encumber any of the four parcels that it owns during the term of the Preliminary
Agreement extension.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
· The Cedar Avenue Corridor Redevelopment Concept Master Plan has
been used as a guide for the redevelopment of the Cedar Avenue
Corridor.
· The area under consideration is included in the Cedar Avenue
Corridor Redevelopment Concept Master Plan and indicates possible
office uses, which is consistent with UBB's plans.
· Development agreements typically have a clause restricting the HRA
or the City from working with other developers or selling land that is
included in the Development Agreement.
· The City Council initially committed to not encumbering the property
April 24, 2007.
· On April 24, 2007 the City Council also granted a Right-of-Entry to
these parcels for a time period coincidental with the HRA Agreement.
I B. CRITICAL ISSUES I
· The term of the extension is 36 days.
· The Agreement states that the HRA shall use its best effort to receive
a Commitment from the City Council that it will not sell or encumber
any of the parcels that it owns in the redevelopment study area.
· The Agreement restricts the HRA from assisting any other developer
with redevelopment of the project site.
· The Agreement requires the HRA and UBB to seek input from the
neighborhood.
· If development is feasible during the term of the Agreement, the HRA
and UBB will negotiate a Private Development Contract.
I C. FINANCIAL
. N/A
I D. LEGAL ,
· Legal counsel reviewed the proposed resolution.
I IV. ALTERNATIVE RECOMMENDATION(S) I
· Approve the Commitment with added provisions or modifications.
· Do not approve the Commitment.
· Continue the consideration of the Commitment to a later meeting date.
I V. ATTACHMENTS I
· Resolution Relating To The Development of City Owned Property
· Map showing site in context
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. N/A
5H-(
RESOLUTION NO.
RESOLUTION RELATING TO THE
DEVELOPMENT OF CITY-OWNED PROPERTY
WHEREAS, the City of Richfield and Housing and Redevelopment Authority
(HRA) have established the Richfield Redevelopment Project Area ("Project Area")
under the authority of Minnesota Statutes, Chapter 469; and have established within the
Project Area a Redevelopment Tax Increment District (the "TIF District") and adopted a
Tax Increment Financing Plan (hereinafter the "TIF Plan") for the TIF District to facilitate
the financing of public improvements and redevelopment costs in the Project Area; and
WHEREAS, the TIF District includes land generally referred to as the Cedar
Corridor; and
WHEREAS, within the Cedar Corridor, the City currently owns certain parcels of
land including those shown on the attached Exhibit A; and
WHEREAS, the HRA has approved an extension of the Preliminary Agreement
with United Bankers' Bank ("UBB") which provides a process for determining whether
UBB will be able to develop portions of the Cedar Corridor; and
WHEREAS, because the areas under consideration by UBB include parcels of
land currently owned by the City, both the HRA and UBB have requested that the City
commit that, during the term of the Preliminary Agreement extended, it will nqt take
certain actions with regard to the City-owned parcels; and
WHEREAS, the City Council previously granted UBB Right-of-Entry to these
parcels; and
WHEREAS, the purpose of the extension is for the parties to evaluate the status
of activities, and report to the HRA at its February meeting the appropriateness of any
further extension.
WHEREAS, the City Council has received the report and recommendation of
staff, and has reviewed the request of the HRA and UBB, and is fully informed as to the
same; and
WHEREAS, the City Council deems it to be in the public interest to facilitate and
encourage redevelopment within the Cedar Corridor by making the requested
commitment.
5r1-- d-
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota, that:
1. During the term of the Preliminary Agreement, extended the City will not
sell or encumber through easement, license or otherwise any of the land owned
by it and located within the area covered by the Preliminary Agreement. This
commitment shall not apply to any contractual obligations created prior to the
date of this resolution.
2. The Right-of-Entry granted to UBB is also extended.
3. The City Clerk is authorized and directed to transmit certified copies of this
resolution to the HRA and UBB.
Adopted by the City Council of the City of Richfield, Minnesota, the _ day of
November, 2007.
Debbie Goettel, Mayor
Attest:
Nancy Gibbs, City Clerk
(SEAL)
o -W I
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AGENDA SECTION:
AGENDA ITEM #
REpORT #
CONSENT
51
309
....
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
NOVEMBER 27, 2007
REpORT PREPARED By:
BRUCE P ALMBORG, COMMUNITY
DEVELOPMENT DIRECTOR
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
L
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
An extension of a commitment that the City will not sell, or encumber through easement or
license or otherwise, any of the land that it owns within the area covered in the Preliminary
Agreement extended between the Richfield Housing and Redevelopment Authority and TOLD
Development Company.
1. RECOMMENDED ACTION:
By Motion: Adopt the attached resolution extending the commitment
that the City will not sell, or encumber through easement or license or
otherwise, any of the land that it owns within the area covered in the
Preliminary Agreement between the Richfield Housing and
. Redevelopment Authority and TOLD Development Company and
extending the Right-of-Entry Agreement for the same area.
, II. BACKGROUND I
On November 19, 2007 the Richfield Housing and Redevelopment Authority (HRA)
extended a Preliminary Agreement with TOLD Development Company (TOLD).
The purpose of the Preliminary Agreement extension is to permit the HRA to
consider the results of the feasibility analysis at its February meeting. TOLD is
exploring the development feasibility for the 30-acre area between 66th and 69th
112707 - TOLD commitment
Streets al.1d between 17th Avenue and TH 77. (The United Bankers' Bank (UBB)
site is within the TOLD site.) See the attached aerial photo, which depicts the
feasibility area.
The City owns 23 parcels in this study area (see attached map). Under the
extended Preliminary Agreement, the HRA agreed to use its best efforts to obtain
an extension commitment from the City, that the City will not sell or encumber any
of the 23 parcels that it owns during the term of the Preliminary Agreement
extension.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
· The Cedar Avenue Corridor Redevelopment Concept Master Plan has
been used as a guide for the redevelopment of the Cedar Avenue
Corridor.
· The area under consideration is included in the Cedar Avenue
Corridor Redevelopment Concept Master Plan and indicates possible
office, residential and retail uses. TOLD is experienced in each of
these areas.
· Development agreements typically have a clause restricting the HRA
or the City from working with other developers or selling land that is
included in the Development Agreement.
· The City Council initially committed to not encumbering this property
on April 24, 2007 for a period of nine months.
· On April 24, 2007 the City Council also granted a Right-of-Entry to
these parcels for a time period coincidental with the HRA Agreement.
I B. CRITICAL ISSUES I
· The term of the extension is 36 days.
· The Agreement states that the HRA shall use its best effort to receive
a Commitment from the City Council that it will not sell or encumber
any of the 23 parcels that it owns in the redevelopment study area.
· The Agreement restricts the HRA from assisting any other developer
with redevelopment of the project site, UBB excepted.
· The Agreement requires the HRA and TOLD to seek input from the
neighborhood.
· If development is feasible during the term of the Agreement, the HRA
and TOLD will negotiate a Private Development Contract.
· The Agreement exceptions resolution of parking maters with the
dental clinic at 1717 East 66th Street.
I C. FINANCIAL
. N/A
I D. LEGAL I
· Legal counsel has reviewed the proposed resolution.
I IV. ALTERNATIVE RECOMMENDATION(S) I
· Approve the Commitment with added provisions or modifications.
· Do not approve the Commitment.
· Continue the consideration of the Commitment to a later meeting date.
I V. ATTACHMENTS I
· Resolution Relating To The Development of City-Owned Property
· Aerial photo of feasibility study area
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. N/A
51-1
RESOLUTION NO.
RESOLUTION RELATING TO THE
DEVELOPMENT OF CITY-OWNED PROPERTY
WHEREAS, the City of Richfield and the Housing and Redevelopment Authority
(HRA) have established the Richfield Redevelopment Project Area ("Project Area")
under the authority of Minnesota Statutes, Chapter 469; and have established within the
Project Area a Redevelopment Tax Increment District (the "TIF District") and adopted a
Tax Increment Financing Plan (hereinafter the "TIF Plan") for the TIF District to facilitate
the financing of public improvements and redevelopment costs in the Project Area; and
WHEREAS, the TIF District includes land generally referred to as the Cedar
Corridor; and
WHEREAS, within the Cedar Corridor, the City currently owns certain parcels of
land including those shown on the attached Exhibit A; and
WHEREAS, the HRA has approved an extension of the Preliminary Agreement
with TOLD Development Company (TOLD) which provides a process for determining
whether TOLD will be able to develop portions of the Cedar Corridor; and
WHEREAS, because the areas under consideration by TOLD includes parcels of
land currently owned by the City, both the HRA and TOLD have requested that the City
commit that, during the term of the Preliminary Agreement extended, it will not take
certain actions with regard to the City-owned parcels; and
WHEREAS, the City Council previously granted UBB Right-of-Entry to these
parcels; and
WHEREAS, the purpose of the extension is for the parties to evaluate the status
of activities, and report to the HRA at its February meeting the appropriateness of any
further extension; and
WHEREAS, the City Council has received the report and recommendation of
staff, and has reviewed the request of the HRA and TOLD, and is fully informed as to
the same; and
WHEREAS, the City Council deems it to be in the public interest to facilitate and
encourage redevelopment within the Cedar Corridor by making the requested
commitment.
5:[-;2-
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota, that:
1. During the term of the Preliminary Agreement, extended the City will not
sell or encumber through easement, license or otherwise any of the land owned
by it and located within the area covered by the Preliminary Agreement. This
commitment shall not apply to any contractual obligations created prior to the
date of this resolution.
2. The Right-of-Entry granted to TOLD is also extended.
3. The City Clerk is authorized and directed to transmit certified copies of this
resolution to the HRA and TOLD.
Adopted by the City Council of the City of Richfield, Minnesota, the 27th day of
November, 2007.
Debbie Goettel, Mayor
Attest:
Nancy Gibbs, City Clerk
(SEAL)
5.I-3
N
A
1:\GIS\Community Development\Staff\Christine\Cedar Corridor\South of 66th Street\Prelim Agreement.mxd
AGENDA SECTION:
AGENDA ITEM #
REpORT #
r.ON'SF.N'1'
'iT
"nO
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
NOVEMBER 27, 2007
REpORT PREPARED By:
BRAD SVEUM - FIRE SERVICES
DIRECTOR
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
~
~
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Authorize the City Manager to execute a contract with the 'City of Minneapolis for
reimbursement of costs incurred by the City of Richfield for sending two Firefighters to
structural collapse rescue traininQ.
I. RECOMMENDED ACTION:
By Motion: Authorize City Manager to execute a contract with the City
of Minneapolis for reimbursement of costs incurred by the City of .
Richfield for sending two Firefighters to structural collapse rescue
training.
I II. BACKGROUND I
Two Richfield Firefighters participated in specialized structural collapse rescue
training sponsored by the Minneapolis Fire Department. Personnel costs
associated with this training are covered by a US Homeland Security Grant that is
being administered by the City of Minneapolis. The City of Richfield is considered,
for purposes of the grant, a contractor providing students to the City of Minneapolis
and the instrument for reimbursement is a contract with the City of Minneapolis.
I III. BASIS OF RECOMMENDATION
I A. POLICY I
· The City of Richfield has received employee reimbursement by this
arrangement/method for this same type of training in 2004 and 2005.
I B. CRITICAL ISSUES I
· This training provides additional capabilities to the City of Richfield.
· All costs associated with this training are reimbursed.
I C. FINANCIAL ,
· The amount of -reimbursement the City of Richfield is eligible to
receive is $4,491.20.
I D. LEGAL I
· The City Council must authorize the City Manager to enter into the
contract in order to receive the reimbursement.
I IV. ALTERNATIVEREcOMMENDATION(S)
· None
Iv.
ATTACHMENTS
· Contract
I
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
· None
53' -I
Federal CFDA number is 97.067
CONTRACT BETWEEN THE CITY OF MINNEAPOLIS
AND
The City of Richfield
FOR GRANT FUNDED SERVICES
THIS CONTRACT, entered into this 19th_day of November, 2007, by and between the City of Minneapolis (herein
called the "City") and The City of Richfield, (herein called the "Contractor").
WHEREAS, the City has received certain grant funds from the Department of Homeland Security, to provide collpase
rescue training for State Collapse REsCue response assets; and
WHEREAS, the Contractor has represented itself as competent to provide the services required by that certain grant;
and
WHEREAS, the City wishes to engage the Contractor to provide said services under the terms of this Contract (the
"Contract"); .
NOW THEREFORE, it is agreed between the parties hereto that;
I. TIME OF PERFORMANCE
Services of the Contractor shall start on the 9th day of September, 2007, and shall continue until the 9 day of
September, 2008, or until terminated by either party as provided for in Part II, General Conditions, attached
hereto.
II. COMPENSATION
. It is expressly agreed and unders'tQod that all compensation including reimbursable expenses, if any, to be
paid by the City under this Contract shall not exceed $50,000; in accordance with a project budget approved
by the City, and is on file with the City's Contract representative herein.
EXPENSE REIMBURSEMENT .
Reimbursable expenses shall be paid upon submission of itemized invoice to the person" signing this Contract.
. The City agrees to pay for reimbursable expenseS, if reasonably and necessarily incurred. Any expenses that
are anticipated to be over $100 and any reimbursement for travel outside of the Minneapolis-St. Paul
metropolitan area must be approved in advance by th~ Contract Manager. All travel must be conducted in
accordance with the City's Contractor Travel Reimbursement Conditions.
III. NOTICES
Communication and details concerning this Contract shall be directed to the following. Contract
representatives:
CONTRACTOR
City of Richfield
Brad Sveum, Fire Chief
Richfield Fire Department
6700 Portland Ave S
Richfield, MN 55423
1
-'-
55--;2.
Phone 612-861-9855 Fax
CITY OF MINNEAPOLIS
James Clack, Department Head
, Contract Manager
Phone 612-673-2028 Fax 612-673-2828
IV. SCOPE OF SERVICE
The City of Minneapolis wil/proYide grant funded training for collapse rescue response and will
reimburse participating agencies for participating personnel costs.
V. TERMS AND CONDITIONS
This Contract is subject to and incorporates all the terms and conditions set forth in Part /I General Conditions
attached hereto, as well as those conditions in , which is (are) also attached hereto.
VI. AMENDMENTS
No amendments may be made to this Contract after signing by the parties, except for extensions of time,
increases in compensation or increases or reduction of the services to be performed so long as the limit of
$50,000 is .not exceeded. If that amount is to exceed $50,000, the amendment must be approved by the
Mayor and City Council by formal Council action.
VII. INSURANCE
If any insurance is required under this Contract, the Contractor shall maintain that insurance identified in
Exhibit A, which is attached and made part of this Contract.
IN WITNESS WHEREOF, the Parties have executed this Contract as of the date first written above.
FOR THE Contractor:
Fed. Identification No.:
By
FOR THE CITY:
By fi f (M?:
Its f ( f?.. ~ c "h~. ~
Its
By
Its'
STATE OF
)
)ss
)
COUNTY OF
This instrument was acknowledged before me on
(Date)
(Title)
and
by
(Printed Name)
as
(Printed Name)
as
(Title)
of
(Corporation Name, if corporation)
Notary Public
2
51'-3
PART II - GENERAL CONDITIONS
1 City's Riqhts
The City reserves the right to cancel the Contract without penalty, if circumstances arise which prevent the City
from completing the project.
2 Interest of Members of City .
The Contractor agrees that no member of the governing body, officer, employee or agent of the City shall have any
interest, financial or otherwise, direct or indirect, in the Contract.
3 Egual Opportunity Statement . .
Contractor agrees to comply with the provisions of all applicable federal, state and City of Minneape>lis statutes,
ordinances and regulations pertainingto civil rightsand nondiscrimination including, without limitation, Minnesota
Statutes, Section 181.59 ,and Chapter 363, and Minneapolis Code of Ordinances, Chapter 139, incorporated
herein by reference.
4 ' Non-Discrimination
The Contractor will not discriminate against any employee or applicant for employment because of race, color,
creed, religion, ancestry, sex, national origin, affection preference, disability, age, marital status or status with
regard to public assistance or as a disabled veteran or veteran or the Vietnam era. Such prohibition against
discrimination shall include, but not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination, rates of payor other forms of compensation and
seleCtion for training, including apprenticeship. '
The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment,
notices to be provided by the City, setting forth this nondiscrimination clause. In addition, the Vendor shall, in all
solicitations or advertisements for employees placed by or on behalf of the Vendor, state that all qualified
applicants will receive consideration for employment without regard to race, creed, religion, ancestry, sex, national
origin, affectional preference, disability, age, marital status or status with regard to public assistance or status as
disabled veteran or veteran of the Vietnam era, and comply in all other aspects with the requirements the
Minneapolis Code of Ordinances, Chapter 139.
5 Transfer of Interest
The Contractor shall not assign any interest in the Contract, and shall not transfer any interest in the same either
by assignment or novation without the prior written approval of the City,- provided, however, that claims for money
due or to income due to the Contractor may be assigned to a bank, trust company or other financial institution, or
to a Trustee in Bankruptcy without such approval. Notice to any such assignment or transfer shall be furnished to
the City. The Contractor shall not subcontract any services under this Contract without prior approval of the City
Department Contract Managerdesignated herein.
6 Compliance ReqUirements
All Contractors hired by the City of Minneapolis are required to abide ,by the regulations of the Americans with
Disabilities Act of 1990 (ADA) which prohibits discrimination against individuals with disabilities. The Contractor'
will not discriminate against any employee or applicant for employment because of their disability and will take
affirmative action to ensure that all employment practices are free from such discrimination. Such employment
practices include but are not limited to the following: hiring, promotion, demotion, transfer, recruitment or
recruitment advertising, layoff, discharge, compensation and fringe benefits, classification, referral and training.
The ADA also requires Contractors associated with the City of Minneapolis to provide qualified applicants and
employees with disabilities with reasonable accommodation that does not impose undue hardship. Contractors
also agree to post in a conspicuous place, accessible to employees and applicants, notices of their policy on non-
discrimination. The above requirements also apply to the Minnesota Human Rights Act, Minn. Stat. C. 363.
- ,
In the event of the Contractor's noncompliance with the non~discrimination clauses of this contract, this Contract
may be canceled, terminated, or suspended, in whole or part, and the Contractor may be declared ineligible by the
. - ~--\-.... - ---. __"', - _.__ n.__.."_,___, ..._ ...
Minneapolis City Council from any further participation in City contracts in addition to other remeoies as provided
bylaw.
.7 General Compliance
'The Contractor agrees to com ply with all applicable Federal, State and local laws and regulations governing funds
provided under this contract.
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8 Performance Monitorinq
The City will monitor the performance of the Contractor against goals and performance standards required herein.
Substandard performance as determined by the City will constitute non-compliance with this Contract. If action to
correct such substandard performance is not taken by the Contractor within a reasonable period of time after being
notified by the City, Contract termination procedures will be initiated. All work submitted by Contractor shall be
subject to.the approval and acceptance by the City Department Contract Manager designated herein. The City
Department Contract Manager designated herein shall review each portion of the work when certified as complete
and submitted by the Contractor and shall inform the Contractor of any apparent deficiencies, defects, or
- incomplete work, at any stage of the project.
9 Independent Contractor
Nothing contained in this Contract is intended to, or shall be construed in any manner, as creating or establishing
the relationship of employer/employee between the parties. The Contractor shall at all times remain an
independent Contractor with respect to the services to be performed under this Contract. Any and all employees
of Contractor or other persons engaged in the performance of any work or services required by Contractor under
this Contract shall be considered employees or sub-contractors of the Contractor only and not of the City; and any
and all claims that might arise, including Worker's Compensation claims under the Worker's Compensation Act of
the State of Minnesota or any other state, on behalf of said employees or other persons while so engaged in any of
the work or services provided to be rendered herein, shall be the sole obligafion and responsibility of Contractor.
10 Hold Harmless
The Contractor agrees to defend, indemnify and hold harmless the City, its officers and employees, from any
liabilities, claims, damages, costs, judgments, and expenses, including attomey's fees, resulting directly or
indirectly from an act or omission of the Contractor, its employees, its agents, or employees of subcontractors, in
the performance of the services provided by this Contract or by reason of the failure of the Contractor to fully
perform, in any respect, any of its obligations under this contract. If a Contractor is a self-insured agency of the
State of Minnesota, the terms and conditions of Minnesota Statute 3.732 et seq. shall apply with respect to liability
bonding, insurance and liability limits. The provisions of Minnesota Statutes Chapter 466 shall apply to other
political subdivisions of the State of Minnesota.
11 Accountinq Standards
The Contractor agrees to maintain the necessary source documentation and enforce sufficient internal controls as
dictated by generally accepted accounting practices to properly account for expenses incurred under this contract.
12 Retention of Records
The Contractor shall retain all records pertinent to expenditures incurred under this Contractfor a period of six
years after the resolution of all audit findings. Records for non-expendable property acquired with funds under this
Contract shall be retained for six years after final disposition'of such property.
13 Data Practices
The Contractor agrees to comply with the Minnesota Government Data Practices Act and all other applicable state
and federal laws relating to data privacy or confidentiality. The Contractor must immediately report to the City any
requests from third parties for information relating to this Contract. The City agrees to promptly respond to
inquiries from the Contractor concerning data requests. The Contractor agrees to hold the City, its officers, and
employees harmless from any claims resulting from the Contractor's unlawful disclosure or use of data protected
under state and federal laws. -
14 Inspection of Records
All Contractor records with respeqt to any matters covered by this Contract shall be made available to the City or
its designees at any time during normal business hours, as often as the City deems necessary, to audit, examine,
and make excerpts or transcripts of all relevant data. .
15 Livinq Waqe Policy
All Contractor employees will be paid at least a living wage. The definition of a Living Wage is at a minimum 110
percent of the current year federal poverty leveffOf a family offbut as proVided bY the feaeral Department of
Health and Human Services for a Contractor that does not supply employer-paid health insurance and 100 percent
for a Contractor that does supply employer-paid health insurance.
16 Small Business & Underutilized Business Proqram
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The Contractor shall comply with the Small & Underutilized Business Program, Minneapolis Code of Ordinances
Chapter 423, established by the City Council on June 25, 1999. The Contractor shall make and document every
reasonable effort to include certified small businesses, including companies owned by women and minority
persons, as part of their service team. List of certified businesses can be obtained by contacting the Small &
Underutilized Business Program at 612 673-2272 or the CERT web site at (http://www.jitservicesinc.com).
17 Applicable Law
The laws of the State of Minnesota shall govern all interpretations of this contract, and the appropriate venue and
jurisdiction for any litigation which may arise hereunder will be in those courts located within the County of
Hennepin, State of Minnesota, regardless of the place of business, residence or incorporation of the Contractor.
18 Conflict and Priority
In the event that a conflict is found between provisions in this Contract, the Contractor's Proposal or the City's
Request for Proposals, the provisions in the following rank order shall take precedence: 1) Contract; 2) Proposal;
and last 3) Request for Proposals.
o
19 Ownership of Materials
All finished or unfinished documents,. data, studies, surveys, maps, models, photographs, reports or other
materials resulting from this Contract shall become the property of the City upon final approval of the final report or
upon request by the City at any time before then. The City may use, extend, or enlarge any document produced
. under this Contract without the consent,permission of, or further compensation to the Contractor.
20 Billboard Advertisinq
Through Ordinance 109.470, City and City-derived funds are prohibited from use to pay for billboard advertising as
a part of a City project or undertaking.
21 Conflict Of Interest/Code Of Ethics
Contractor agrees to be bound by the City's Code of Ethics, Minneapolis Code of Ordinances, Chapter 15.
Contractor certifies that to the best of its knowledge all City employees and officers participating in this Contract
have also complied with that Ordinance. It is agreed by the Parties that' any violation of the Code of Ethics
constitutes grounds for the City to void this Contract. All questions relative to this section shall be referred to the
. City and shall be promptly answered.
22 Travel
If travel by the Contractor is allowable and approved for this contract, then Contractor travel expenses must be
reimbursed in accordance with the Contractor Travel Reimbursement Conditions, available from the City.
23 Termination
The City may cancel this Contract for any reason without cause upon thirty (30) days written notice, except that if
either party fails to fulfill its obligations under the Contract in a proper and timely manner, or otherwise violates the
terms of this Contract, the other party shall have the right to terminate this Contract, if the default has not been
cured after a ten (10) days written notice has been provided. if termination shall be without cause, the City shal!
pay Contractor all compensation earned to the date of termination. If the termination shall be for breach of this
Contract by Contractor, the City shall pay Contractor all compensation earned prior to the date of termination
minus any damages and costs incurred by the City as a result of the breach. If the Contract is canceled or
terminated, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or
other materials prepared by the Contractor under this Contract shall, at the option of the City, become the property
of the City, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory
. work completed on such documents or materials prior to the termination.
Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the
City as a result of any breach of this Contract by the Contractor. The City may, in such event, withhold payments
. due to the Contractor forthe purpose of set-off until such time as the exact amount of damages due to the City is
determined. The rights or remedies provided for herein shall not limit the City, in case of any default by the
GontraGtor, from asserting any other right or remedy allowed by law, equity, or by statute.
24 Intellectual Property
The City owns all rights, title, a.nd interest in all of the intellectual property rights, including copyrights, patents,
trade secrets, trademarks, and service marks in any Work created, in progress, produced or. completed and paid
by this contract. Work covered includes inventions; improvements, discoveries, databases,computer programs, .
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reports, notes, studies, photographs, negatives, designs, drawings, specifications, ,materials, tapes, or other
media. .
. All Work under this .contract will be the exclusive prop.erty of the City and will be surrendered to the City
immediately upon completion, expiration, or cancellation of this contract. The Contractor represents and warrants
that the Work does not and will not infringe upon any intellectual property rights of other persons or entities.
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Grants: City of Minneapolis Special Conditions for Grant Contracts
(Other than the Audit requirement, these conditions are superseded by Agreement with Gran~or if contradictory)
Conduct
Prohibited Activity. The Contractor is prohibited from using funds provided herein or personnel employed in the
administration of the program for political activities, sectarian, religious or anti-religious activities, lobbying, political
patronage, nepotism, unionization or anti-unionization activities, or maintenance of effort. Program participants may
not be placed into or remain working in any position that is 'affected by a labor dispute.
Religious Organization. The Contractor agrees that funds provided under this Contract will not /;>e utilized for
religious activities or to promote religious interests.
Conflict of Interest. The Contractor agrees that it presently has no interest and shall not acquire any interest, direct
or Indirect, which would conflict in any manner or degree with the performance of services required under this contract.
The Contractor further agrees that ill the performance of this Contract no person having such an interest shall be
employed by the Contractor hereunder. Such individuals or parties shall include but not be limited to: a) members of
. )
or delegates to the Congress of the United States of America, resident commissioners or other federal representatives,
b) officers? members, employees of the State and members of its governing body, c) officers, members, employees of
the City, and members of its governing body.
Materials Produced by Contractor
Grantor Recognition. The Contractor shall insure recognition of the role of the Grantor Agency in providing services
through this contract. In addition, the' Contractor will include a reference to the support provided herein in all
publications made possible with funds made available under this contract.
Progress. The Contractor shall submit reports.to the City in the form, content, and frequency as required by the City.
Copyright. If this Contract results in any copyrightable material, the author is free to copyright the work, but the City
and/or Grantor Agency reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or
otherwise use, and to authorize others to use, the work for government purposes.
Plain Language Law. The Contractor shall comply with provisions of the Plain Language Law requiring written
material produced for applicants and recipients to be understandable to a person who reads at the seventh grade level
(Minnesota Statutes, Section 268-0124, 1988).
Employment Restrictions
Notifications. The Contractor;s executive management will ensure that a notice of its affirmative commitments in
regards to labor infringement, the Occupational Safety and Health Act of 1973, and the Minnesota Right to Know Act,
is made available to Contractor's labor unions or worker's representatives.
Infringement. Program participants may not impair existing contracts for services ot collective bargaining agreements
nor displace currently employed workers, including no reduction in non-overtime, wages or benefits. Participants w.ill
not replace laid off employees nor infringe on other employees' promotional opportunities.
OSHA. Where participants are engaged in activities not covered under the Minnesota Occupational Safety and Health
Act of 1973, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings
or under working conditions which are unsanitary, hazardous or dangerous to the participant's health or safety.
Right to Know. Participants employed or trained for inherently dangerous occupations shall be assigned to work in
accordance with reasonable safety practices. The Contractor will comply with the Minnesota Right to Know Act.
Financial and Administrative
Audit. The Contractor agrees to follow the City's audit policy. This indudes a requirement for an annual financial
audit for Contractors receiving in excess of $50,000 annually from City contracts. The Contractor shall submit one
copy of each completed audit report and the management letter (if applicable) to the City Finance Department. Any
deficiencies noted in such audit reports or audit/monitoring reports issued by the City or their designees must be fully
cleared by the Contractor within a reasonable tiJ1le period after a request has been received from the City. Failure of
the Contractor to comply with the provisions of this paragraph will constitute a violation of this Contract and may result
in the withholding of future payments. This clause does not apply for individual proprietors.
Budgets. When requested, the Contractor will submit a Contract budget of a form and content prescribed by the City
for approval by the City. The City and the Contractor may agree to revise such budget from time to time in accordance
witb City policies concerning bUSlgets. .
Program Income. . The Contractor is encouraged to earn interest on cash balances and shall report all income from
funds made available under this Contract whether from interest, return of principal, sale of property, or other sources.
The Contractor may utilize such income during the'Contract period to further activities permitted under this Contract
and shall consider such income balances when requesting additional funds. All unspent balances shall be returned to
the City at the end of the Contract period.
Close-outs. The Contractor's obligation to the City shall not end until aii closeout requirements are completed.
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Activities during this close-out period shall include, but are not limited to, making final payments, disposing of program' .
assets (including the return of all unused materials, equipment, unspent cash advances, program income balances,
and receivable accounts to the City), determining the custodianship of records and resolving audit findings.
Excess Revenues. Contractor revenues directly earned from this Contract (i.e., user fees, royalties, etc.) that are in
excess in compensation under this' Contract are to be treated as program income. Such income may be used to
underwrite additional services provided that these services are consistent with the purposes of the program that
generated them and are in conformance with the conditions stated herein. The Contractor must report such income to
, the City and maintain records accounting for its use for possible audit. Such income not used during the "time of
performance" of this Contract is to be returned to the CitY:
Indirect Costs. If indirect costs are charged, the Contractor will develop an indirect cost allocation plan for
determining the appropriate City share of administrative costs and shall submit such plan to the City for approval.
Payments. The City will pay to the Contractor funds available under this Contract based upon information submitted
by the Contractor and consistent with any approved budget and City' policy concerning payments. Payments may be
adjusted at the option of the City in accordance with advance fund and program income balances available in
. . ,
Contractor accounts. In addition, the City reserves the right to liquidate funds available under this Contract for costs
incurred by the City on behalf of the Contractor. The Contractor understands that payment will not be available for
, costs claimed by the Contractor on any other Contract for substantially the same service, material, equipment and/or
outcome. The Contractor agrees to utilize funds available under this Contract to supplement rather than supplant
funds otherwise availabl,e.
Compliance. The Contractor shall comply with current City policy concerning the purchase of equipment and shall
maintain an inventory record of all non-expendable personal property as defined by such policy as may be procured
with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert
to the City upon termination of this contract. .
Non-Discrimination
EEO/AA Statement. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of
the Contractor, state that it is an Equal Opportunity or Affirmative Action Employer.
Holdback. If there is probable cause to believe the Contractor is in non-compliance with the nondiscrimination
clauses of this Contract or with any applicable rules or regulations, the City shall withhold up to fifteen percent of said
Contract funds until such time as the Contractor is found to be in compliance or is otherwise adjudicated to be in
compliance.
Records
Client Data. The Contractor shall maintain client data demonstrating client eligibility. Such data shall include but not
be limited to client name, address, income level or other basis for determining eligibility, and a description of the
service provided. Such information shall be m;:lde available to City monitors for review upon request.
Access to Records. The Contractor shall furnish and require all subcontractors to furnish all information and reports
required hereunder and by the rules and regulations of the City, and will permit access to its books, records and
accounts for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein.
, Subcontracting
SubContract Provisions. The Contractor will include the provisions in this Contract entitled Non-Discrimination in
every subcontract or purchase order pertaining to this Contract specifically or by reference, so that such provisions will
be binding upon each subcontractor or vendor.
'Approvals. The Contractor sheill not enter into any subcontracts with any agency Qr individual in the performance of
this Contract without the written consent of the City prior to the execution of such Contract.
Monitoring. The Contractor will monitor all subcontracted services on a regular basis to assure Contract compliance.
Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of
follow-up actions taken to correct areas of noncompliance.
Content. The Contractor shall cause all of the. provisions of this Contract in its entirefy to be included in and made a
part of any subcontract executed in the performance of this Contract.
Selection Process. The Contractor shall undertake to insure that all subcontracts let in the performqnce of this
Contract shall be awarded on a fair and open competition basis. Executed copies of all subcontracts along with
documentation concerning the selection process shall be forwarded to the City Lipon request.
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Part III - Special Conditions for Federal and State Grant Funds
I. General Compliance:
The Contractoragrees to comply with the requirements of all applicable Federal and State regulations and
policies issued pursuant to grant funds in this contract. The Contractor further agrees to utilize funds available
under this Contract to supplement rather than supplant funds otherwise available.
II. Administrative Restrictions
A. Fees. The Contractor is prohibited from charging an enrolled individual a fee for referral or l=irogram
services. . .
B. Voter Registration. If required by the City Contract Manager, the Contractor shall provide voter
registration services for employees and program participants encountered in the performance of this contract.
Non-partisan assistance shall be provided, including routinely asking employees and members of the public
served if they would like to register to vote, providing them with a registration form, and assisting them in
completing the form.
III. General Federal Requirements
A. Section 504. The Contractor agrees to comply with any federal regulations issued pursuant to compliance
~~ with Section 504 of the Rehabilitation Act of 1973, as amended, (29 U.S.C. 791) which prohibits discrimination
against the handicapped in any federally assisted program. The City shall provide the Contractor with any
guidelines necessary for compliance with that portion of the regulations in force during the term of this contract.
B. Hatch Act. The Contractor agrees that no funds provided, nor personnel employed under this contract, shall
be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V
United States Code.
C. Regulations. The Contractor agrees to comply with the requirements, as applicable, of:
· Americans with Disabilities Act of 1990.
· Endangered Species Act of 1973
· Executive Order 12291 - Regulations
· Executive Order 12259 - Leadership and Coordination in Federal Housing Programs
· Executive Order 12612 - Federalism '
.. Federal Fair Labor Standards Act
OMB Circular A-21 - Cos.t Principles for Educational Institutions.
· OMB Circular A-87 - Cost Principles for State, Local and Indian Tribal Governments.
· OMB Circular A-1 02 - Grants and Cooperative Agreements with State and Local Governments
· OMB Circular A-110 - Uniform Administrative Requirernents for Grants and Agreements with Institutions of
Higher Education, Hospitals and Other Non-Profit Organizations (for HUD-funded contracts, s~e 24 CFR Part
84)
· OMBCircular A-122 - Cost Principles for Nonprofit Organizations.
.' OMB Circular A-133 -'- Audits of States, Local Governments and Non-Profit Organizations (for HUD-funded
contracts, see 24 CFR Part 45)
· Title VI of the Civil Rights Act of 1964.
· Title VIII of the Civil Rights Act of 1968.
~ USDHEW Oasc-5 .. Cost Principles and Procedures for Establishing Indirect Cost and Other Rates for Grants
and Contracts with the Dept. Of Health and Human Services.
· USDHEW Oasc-1 0 - Cost Principles and Procedures for Establishing Cost Allocation Plans and Indirect Cost
Rates for Grants and Contracts with the Federal Government. .
· 31 CFR Part 205 - Treasury Department Regulations Implementing the Cash Management Improvement Act
of 1990.
· 37 CFR Part 401 ...:. Rights to Inventions made by Nonprofit Organizations and Small Business Firms under
Government Grants, Contracts, and Cooperative Agreements.
· 49 CFR Part 24 - Uniform Relocation Assistance and Real Property Acquisition.
D. Certification Regarding Lobbying. Before the City releases ahy of the funds covered by this Contract, the
Contractor shall sign the following certification statement: .
The undersigned hereby certifies, to the best of his or her knowledge and belief, that:
1) NO FEDERAL APPROPRIATED FUNDS HAVE BEEN PAID, OR WILL BE PAID, BY OR ON BEHALF OF
THE UNDERSIGNED, TO ANY PERSON FOR INFLUENCING OR ATTEMPTING TO INFLUENCE AN
OFFicER OR EMPLoYEE OF AN A.GE:NCY, AII/rEMBER OF CnNGRESS, ANOFFICEROREMPLOYEE
OF CONGRESS, OR AN EMPLOYEE OF A MEMBER OF CONGRESS IN CONNECTION WITH THE
AWARDING OF ANY FEDERAL CONTRACT, THE MAKING OF ANY FEpERAL GRANT, THE MAKING
OF ANY FEDERAL LOAN, THE ENTERING INTO OF ANY COOPERATIVE AGREEMENT, AND THE
EXTENSION, CONTINUATION, RENEWAL, AMENDMENT, OR MODIFICATION OF ANY FEDERAL
CONTRACT, GRANT, LOAN, OR COOPERATiVE AGREEMENT.
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2) IF ANY FUNDS OTHER THAN FEDERAL APPROPRIATED FUNDS HAVE BEEN PAID OR WILL BE
PAID TO ANY PERSON FOR INFLUENCING OR ATTEMPTING TO INFLUENCE AN OFFICER OR
EMPLOYEE OF ANY AGENCY, A MEMBER OF CONGRESS, AN OFFICER OR EMPLOYEE OF .
CONGRESS, OR AN EMPLOYEE OF A MEMBER OF CONGRESS IN CONNECTION WITH THIS
FEDERAL CONTRACT, GRANT, LOAN, OR COOPERATIVE AGREEMENT, THE UNDERSIGNED
SHALL COMPLETE AND SUBMIT STANDARD FORM-LLL, "DISCLOSURE FORM TO REPORT
LOBBYING," IN ACCORDANCE WITH ITS INSTRUCTIONS.
3) THE UNDERSIGNED SHALL REQUIRE THAT THE LANGUAGE OF THIS CERTIFICATION BE
INCLUDED IN THE AWARD DOCUMENTS FOR ALL SUBAWARDS AT ALL TIERS (INCLUDING
SUBCONTI~,ACTS, SUBGRANTS, AND CONTRACTS UNDER GRANTS, LOANS, AND COOPERATIVE
AGREEMENTS) AND THAT ALL SUBRECIPIENTS SHALL CERTIFY AND DISCLOSE ACCORDINGLY.
This certification is a material representation of fact upon which relianc~ was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$1.00,000 for each such failure,
IN WITNESS WHEREOF, I have setmy hand this...:..- day of
BY:
TITLE: '
FOR:
(Organization)
E. Certification Regardirg Debarment. Before the City releases any of the funds covered by this Contract, the
Contractor shall sign the following certification statement:
,The undersigned hereby certifies, to the best of his or her knowledge and belief, that:
Certification Regarding Debarm~nt, Suspension, and Other Responsibility Matters Primary Covered
Transactions
This certification is required by the regulations implementing Executive Orders 12549 and 12689,
Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The
regulations were published as Part VIII of the May 261988 Federal Reqister (pages 19160-19211).
1) THE PROSPECTIVE PRIMARY PARTICIPANT CERTIFIES TO THE BEST OF ITS KNOWLEDGE
AND BELIEF, THAT IT AND ITS PRINCIPALS:
2) ARE NOT ,PRESENTLY DEBARRED, SUSPENDED, PROPo'SED FOR DEBARMENT,
DECLARED INELIGIBLE, OR VOLUNT AR!L Y EXCLUDED FROM COVERED TRANSACTIONS
BY ANY FEDERAL DEPARTMENT OR AGENCY;
3)' HAVE NOT WITHIN A THREE-YEAR PERIOD PRECEDING THIS PROPOSAL BEEN
CONVICTED OF OR HAD A CIVIL JUDGMENT RENDERED AGAINST THEM FOR
COMMISSION OF FRAUD OR A CRIMINAL OFFENSE IN CONNECTION WITH OBTAINING,
ATT~IV!PTING TO OBTAIN, OR PERFORMING A PUBLIC (FEDERAL, STATE, OR LOCAL)
TRANSACTION OR, CONTRACT UNDER A PUBLIC TRANSACTION; VIOLATION OF FEDERAL
OR STATE ANTITRUST STATUTES OR C()MMISSION OR EMBEZZLEMENT, THEFT,
FORGERY, BRIBERY, FALSIFICATION OR DESTRUCTION OF RECORDS, MAKING FALSE
STATEMENTS, OR RECEIVING STOLENPROPERTY;ARE NOT PRESENTLY INQICTED FOR
OR OTHERWISE CRIMINALLY OR CIVILLY CHARGED BY A GOVERNMENT ENTITY
(FEDERAL, STATE, OR LOCAL) WITH COMMISSION OF ANY OF THE OFFENSES
ENUMERATED IN PARAGRAPH (1)(B) OF THIS CERTIFICATION; AND
4) HAVE NOT WITHIN A THREE-YEAR PERIOD PRECEDING THIS APPLlCATION/PROPOSAL
HAD ONE OR MORE PUBLIC TRANSACTION (FEDERAL, STATE, ORLOCAL) TERMINATED
FOR CAUSE OR DEFAUL T.\
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5) WHERE THE PROSPECTIVE PRIMARY PARTICIPANT IS UNABLE TO CERTIFY TO ANY OF
THE STATEMENTS IN THIS CERTIFICATION, SUCH PROSPECTIVE PARTICIPANT SHALL
ATTACH AN EXPLANATION TO THIS PROPOSAL.
6) THE UNDERSIGNED SHALL REQUIRE THAT THE LANGUAGE OF THIS CERTIFICATION BE
INCLUDED IN ALL SUBCONTRACT AWARDS PURSUANT TO THIS CONTRACT AND
AGREES TO REQUIRE ANY SUCH SUBCONTRACTORS TO SIGN A DEBARMENT
CERTIFICATION.
Name andTitle of Authorized Representative
Signature
F. Equal Employment Opportunity. The Contractor agrees to comply with Executive Order 11246 "Equal
Employment Opportuhity", as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to
Equal Employment Opportunity" and as supplemented by regulations at 41 CFR 60 "Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor."
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Part III - Special Conditions for Federal and State Grant Funds used for
. Construction Contracts
A. Labor Standards. The Contractor agrees to comply with the requirements of the Secretary of Labor in accordance
with the Davis~Bacon Act as amended, (regulations and wage rates as found at
http://www.hudclips.orq/sub nonhud/html/pdfforms/401 O. pdf and http://www.qpo.qov/davisbacon are attached) the
provisions of the Contract Work Hours and Safety Standards Act, the Copeland "Anti-Kickback" Act (40 U.S.C. 276 C)
and all other applicable federal, state and local laws and regulations pertainirig to labor standards insofar as those acts
apply to the performance of this contract. The Contractor shall maintain documentation which demonstrates .
compliance with hour and wage requirements of this part and shall make such documentation available to the City for
review upon request
B. Land Covenants. This Contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-
352) and 24 CFR, Part I. In regard to the sale, lease or other transfer of land acquired, cleared or improved with
assistance provided under this contract, the Contractor shall cause or require a covenant running with the land to be
inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental,
or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the
City and the United State are beneficiaries of and entitled to enforce such covenants. The Contractor, in undertaking
its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce
such covenant, and will not itself so discriminate.
C. Environmental Conditions -
1) Air and Water - The Contractor agrees to comply with the following regulations insofar as they apply to the
performance of this contract: 1) Clean Air Act, 42 U.S.C., 1857, et seq., 2) Federal Water Pollution Control Act, as
amended; 33 U.S.C. 1251, et seq., asamended; 1318 relating to inspection, monitoring, entry, reports, and
information, as well as other requirements specified in Sections 114 and 308, and all regulations and guidelines issued
thereunder, 3) Environmental Protection Agency (EPA) regulations pursuant to 40 CFR, Part 5, as amended, 4)
National Environmental Policy Act of 1969, and 5) HUD Environmental Review Procedures (24 CFR, Part 58).
2) Lead-Based Paint - The Contractor agrees that any construction or rehabilitation of residential structures with
assistance provided under this Contract may be subject to HUD Lead-Based Paint Regulations 24 CFR. Such
regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants of
properties cohstructed prior to 1978 be properly notified that such properties may include lead-based paint. Such
notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that
should be taken when dealing with lead-based paint poisoning.
D. Historic Preservation -
The Contractor agrees to comply with the historic preservation requirements set forth in Public Law 89-665 and the
Archeological and Historic Preservation Act of 1974, Public Law 93-291, and Executive Order No. 11593, and the
procedures set forth in 36 CFR Part 800, insofar'as they apply to the performance of this contract.
12
Jj-/3
Exhibit A - Grant Form Insurance (Please fill in a-d)
The following are the insurance requirements for the Contractor. Contractor shall check one box under each
insurance area and sign at the bottom. Please note: no changes or additions can be made to this form other
than indicating self-insurance status (if applicable, also attach a letter that outlines self-insurance coverage).
a) 1. Worker's Compensation insurance that meets the statutory obligations.
C=:J Attached is certificate evidencing above ins~rance coverage in force as of the Contract start date.
C=:J MN Statute Chapter 176 does not apply because Contractor has no employees and will not have any
during the life of the Contract.
2. Workers Compensation insurance for non-employees providing services under this Contract (i.e.,
subcontractors ).
C=:J Attached is certificate evidencing Workers Compensation insurance co~erage in force as of the
Contract start date (either umbrella coverage by Contractor or separate coverage by non-employees).
C=:J Non-employees such as subcontractors will not provide any services under this contract.
b) Commercial General Liability insurance. The policy shall be on an "occurrehce" basis, shall include
contractual liability coverage and the City shall be named an additional in~ured.
C=:J Attached is certificate evidencing above insurance coverag~ in force as of the Contrac~ start date.
C=:J Contractor assumes full responsibility for any and all damages that occur as a result of this Contract.
c) Commercial Automobile Liability insurance covering all owned, non-owned and hired automobiles.
C=:J Attached is certificate evidencing, above insurance coverage in force as of the Contract start date.
C=:J Contractor's personal auto liability insurance coverage addresses the risk. Attached is a letter from
insurance agent'stating that personal automobile insurance policy covers business usage of all automobi/e(s)
that will be used during the life of this Contract.
C=:J Contractor will not drive any automobiles 'while performing services under this Contract.
d) Professional Liability Insurance providing coverage for the claims that arise from the errors ofContrador or
its consultants, omissi,ons of Contractor or its consultants, failure to render a professional service by
Contractor or its consultants, or the negligent rendering of the,professional service by Contractor or its,
consultants. The insurance policy must provide ,the protection stated for two years after completion of work.
C=:J Attached is certificate evidencing above insurance coverage in force as of the Contract start date.
C=:J Contractors providing service under this Contract who do not carry professional liability insurance
agree to assume full responsibility for any and all damages that occur as a result of Contractor's acts, errors or
omissions.
. Contractor Name (printed)
Contractor Authorized Signature
Date
***PLEASE NOTE THERE ARE MULTIPLE CHECKOFF REQUIREMENTS ABOVE (a-d)***
13
"
AGENDA SECTION:
AGENDA ITEM #
REpORT #
PURI.Ie HEARINGS
7
''HI
.....
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
NOVEMBER 27, 2007
REpORT PREPARED By:
KRISTIN ASHER, ASSISTANT CITY
ENGINEER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public hearing and second reading ot a Transitory Ordinance authorizing the sale ot excess
right-ot-way real property at 6600 Oakland Avenue.
1. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion:
· Approve second reading ot the attached Transitory Ordinance
authorizing the sale ot excess right-ot-way real property at 6600
Oakland Avenue tor right-ot-way purposes.
· Approve resolution tor summary publication ot the transitory
ordinance.
I II. BACKGROUND .,
The City has undertaken a project to improve the intersection ot 66th Street and
Portland Avenue. In connection with that project, the City acquired the property at
6600 Oakland Avenue. Approximately one-quarter ot that site will be needed tor the
road right-ot-way, and the remainder ot the site is excess right-ot-way.
The project also required a right-ot-way taking trom the T&T Automotive site, which
adjoins the 6600 Oakland parcel on thewest. The City has agreed to exchange a
1127SecondRead6600
portion of the excess right of way from the 6600 Oakland parcel for the right-of-way
that will be needed from the gas station site. The land exchange agreement with
the Timothy and LuAnn Teachout was approved at the October 23, 2007 Council
meeting.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. The City has excess right of way thafcould be put to productive and
taxable use.
. The City has agreed to acquire right of way in exchange for the
excess right of way. . .
I B. CRITICAL ISSUES I
. The closing of the land exchange is scheduled to occur November 28,
2007.
I C. FINANCIAL I
. It is expected that the excess land will be transferred in exchange for
the right-of-way required from the T& T Automotive parcel.
I D. LEGAL I
. The City Attorney has reviewed the ordinance and resolution for
summary publication. .
· The Public Hearing Notice was published in the Sun Current on
November 15, 2007 as required.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Council may choose to take no action at this time.
I V. ATTACHMENTS
. Transitory Ordinance
. Resolution for Summary Publication
. Graphic of land exchange.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. N/A
1-}
TRANSITORY ORDINANCE NO.
AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE SALE, TRANSFER OR
OTHER DISPOSITION AND CONVEYANCE OF CERTAIN CITY OWNED REAL
PROPERTY lOCATED IN THE CITY OF RICHFIELD, COUNTY OF HENNEPIN,
STATE OF MINNESOTA
The City of Richfield Does Ordain:
Section 1.
The real property described in Exhibit A in the City of Richfield, County of Hennepin, State
of Minnesota, is hereby authorized to be sold, transferred or otherwise disposed of and
conveyed by the City to Timothy M. Teachout and Luanne M. Teachout, husband and wife
or such other entity or person as may be designated by them and approved by the City
Manager.
Section 2.
The Mayor and City Manager are hereby authorized to take all action as is required to sell,
transfer, or otherwise dispose of and convey the real property described in the foregoing
Section 1, including, by way of illustration and not limitation, the execution of all
documents, purchase agreements, deeds of conveyance, and other instruments
connected with such sale, transfer or disposition and conveyance.
Section 3.
The City Clerk is authorized to make corrections to the legal description in the attached
Exhibit A as required by the Office of the Hennepin County Registrar of Titles in order to
permit recording of the deed of conveyance.
Passed this 27th day of November 2007 by the Richfield City Council.
Debbie Goettel, Mayor
ATTEST:
~
Nancy Gibbs, City Clerk
1-;)
EXHIBIT A
Legal description ofthe Cornerstone Remnant Parcel.
That part of Lot 18, Auditor's Subdivision No. 340, according to said plat on file and of record in
the office of the County Recorder, Hennepin County, Minnesota, which lies southerly of the
northerly 28.00 feet thereof.
1~3
RESOLUTION NO.
RESOLUTION APPROVING SUMMARY PUBLICATION OF A TRANSITORY
ORDINANCE AUTHORIZING AND PROVIDING FOR THE SALE, TRANSFER OR
OTHER DISPOSITION AND CONVEYANCE OF CERTAIN CITY OWNED REAL
PROPERTY LOCATED IN THE CITY OF RICHFIELD, COUNTY OF HENNEPIN, STATE
OF MINNESOTA, PURSUANT TO RICHFIELD CITY CHARTERSECTION 3.12.
WHEREAS, the City has adopted the above referenced ordinance to the Richfield
City Code; and
WHEREAS, the verbatim text of the amendment is cumbersome, and the expense
of publication of the complete text is not justified.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield
that the following summary is hereby approved for official publication:
SUMMARY PUBLICATION
BILL NO. 2007 -
AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE SALE,
. TRANSFER OR OTHER DISPOSITION AND CONVEYANCE OF
CERTAIN CITY OWNED REAL PROPERTY LOCATED IN THE CITY OF
RICHFIELD, COUNTY OF HENNEPIN, STATE OF MINNESOTA
This summary of the ordinance is published pursuant to Section 3.12
of the Richfield City Charter. The ordinance authorizes the sale of excess
right of way located at 6600 Oakland Avenue South, in accordance with a
purchase agreement or land exchange agreement as approved by the City
Council.
Copies of the ordinance are available for public inspection in the City
Clerk's office during normal business hours.
Adopted by the City Council of the City of Richfield, Minnesota this 27th day of
November, 2007.
ATTEST:
Debbie Goettel, Mayor.
Nancy Gibbs, City Clerk
1-
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66th Street and Portland Avenue
Intersection Improvements
Parcel Sketch
Richfield, Minnesota
Date 9129106
Revised Dale 8/13107
701 Xenia Avenue South, Suite 300
Minneapolis, MN 55416
www.wsbeng.com
& Associates, Inc.
763-541-4800- Fax 763-541-1700
INFRASTRUCTURE. ENGINEERING PLANNINCil CONSTRUCTION
K:*01301-03*Survey*parcel 7.dgn
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AGENDA SECTION:
AGENDA ITEM #
REpORT #
PROP. ORDINANCES
8
312
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
NOVEMBER 27, 2007
REpORT PREPARED By:
TODD SANDELL, POLICE
LIEUTENANT
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
IE
REVIEWED BY CITY
MANAGER:
ITEM FOR'COUNCIL CONSIDERATION:
Second reading of an ordinance amendment to Richfield City Code Section 925 authorizing a
fee for reoeat calls to orooerty for nuisance conduct.
I. RECOMMENDED ACTION:
Conduct the second reading and by motion:
· Approve the attached ordinance amendment to Richfield City Code
Section 925 establishing a fee for repeat calls to property for
nuisance conduct.
· Approve the attached summary of the amendment for publication.
I II. BACKGROUND I
The purpose of this ordinance is to abate repeat calls by the City to the same
property or location for nuisance conduct which prevents police or public safety
services to other residents of the City.
It will impose fees on the owner or occupant, or both, of the property to which City
officials must repeatedly respond for any repeat nuisance event or activity that
generates extraordinary costs to the City.
1127 Second Read Nuisance Calls Ordinance
The fee is intended to cover that cost over and above the cost of providing normal
law or code enforcement services and police protection City-wide.
The ordinance was presented to the Council on November 13, 2007 for first
reading.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
· Nuisance conduct is defined as any activity or conduct deemed as a
public nuisance under any provision of City Code, Sections 925,
511.21,601,905,1320 or 1325.
· Violation of Minnesota State Laws prohibiting or regulating
prostitution, gambling, controlled substances, use of firearms and
disorderly conduct under Chapter 609 of Minnesota Statutes would be
subject to fees under this ordinance.
· The City may impose a repeat call fee upon the owner or occupant of
private property if the City has rendered services or responded to the
property on three (3) or more occasions within a period of 365 days in
response to or for the abatement of nuisance conduct.
· The repeat call fee proposed is $250 to be assessed after the third call .
to a property within the 365 day period.
· The ordinance provides an appeal process by a hearing officer.
· This amendment would be added to Section 925 of the City Code.
I B. CRITICAL ISSUES I
· Repeat calls to nuisance properties are a problem for both the
Department of Public Safety and the nearby residents.
· This ordinance provides a means to abate nuisance activity and
conduct.
I C. FINANCIAL I
· The repeat call fee of $250 will be set forth in Appendix D of the City
Code.
I D. LEGAL I
· Legal counsel has prepared and reviewed the drafts and final version
of the ordinance.
I IV. ALTERNATIVE RECOMMENDATION(S)
· None
I V. ATTACHMENTS
· Ordinance
· Resolution
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
· Unknown
8-(
BILL NO.
AN ORDINANCE AUTHORIZING A FEE FOR
REPEAT CALLS TO PROPERTY FOR NUISANCE CONDUCT
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Section 925 of the Richfield City Code is amended by adding a new section
925.13 to read as follows: .
925.13. Repeat Nuisance Call Fee. Subdivision 1. Purpose. The purpose of this section
is to protect the public safety, health and welfare and to prevent and abate repeat calls by
the City to the same property or location for nuisance conduct, as defined herein, which
prevent police or public safety services to other residents of the City. It is the intent of the
City by the adoption of this Section to impose and collect fees from the owner or occupant,
or both, of property to which City officials must repeatedly respond for any repeat nuisance
event or activity that generates extraordinary costs to the City. The fee is intended to
cover that cost over and above the cost of providing normal law or code enforcement
services and police protection city-wide.
Subd. 2. Scope and application. This Section applies to all owners and occupants
of private property which is the subject or location of repeat calls by the City. This Section
applies to any repeat calls made by a City of Richfield peace officer, or community service,
animal control and code enforcement officers.
Subd. 3. Definition of nuisance conduct.
(a) For purposes of this Section, the term "nuisance conduct" means any activity,
conduct, or condition occurring upon private property within the City that
unreasonably annoys, injures or endangers the safe}y, health, morals, comfort or
repose of any member of the public; or will, or tend to: alarm, anger or disturb
others or provoke breach of the peace, to which the City is required to respond, .
including, but not limited to the following:
(1) Any activity, conduct, or condition deemed as a public nuisance under
any provision of the City Code;
(2) Any activity, conduct, or condition in violation of any provision of
Section 925 of the City Code;
(3) Any activity, conduct, or condition in violation of Sections 511.21, 601,
905,930,1320, or 1325 of the City Code;
(4) Any conduct, activity or condition constituting a violation 'of Minnesota
state laws prohibiting or regulating' prostitution, gambling, controlled substances,
use of firearms; and
(5) Any conduct, activity, or condition constituting disorderly conduct
under Chapter 609 of Minnesota Statutes.
8r~
Subd. 4. Repeat call fee.
(a) The City may impose a repeat call fee upon the owner or occupant of private
property if the City has rendered services or responded to the property on three (3) or
more occasions within a period of 365 days in response to or for the abatement of
nuisance conduct
(b) The repeat call fee will be an amount as set forth in Appendix D of the City
Code. The City may impose an additional fee for each call in excess of three (3) within a
period of 365 days.
(c) A repeat call fee imposed under this Section will be deemed delinquent if it is
not paid within 30 days after the City mails the billing statement for the fee. The City will
add a ten percent late penalty to a delinquent payment .
Subd. 5. Notice. No repeat cqll fee may be imposed against an owner or occupant
of property without first providing the owner or occupant with written notice of the two
previous nuisance calls which are the basis for the fee. The written notice must:
(a) identify the nuisance conduct that previously occurred on the property, and
the dates of the previous nuisance conduct; and
(b) state that the owner or occupant may be subject to a repeat call fee if a third
repeat call is rendered to the property for nuisance conduct; and
(c) state that the City has the right to seek other legal remedies or actions for
abatement of the nuisance conduct or compliance with the law; and
(d) be served personally or by U.S. Mail upon the owner or occupant at the last
known address.
Subd. 6. RiQht to appeal.
(a) When the City mails the billing statement for the repeat call fee, the City will
inform the owner or occupant of their right to request a hearing.
(b) The owner or occupant upon whom the fee is imposed must request a
hearing within ten (10) business days of the mailing of the billing statement, excluding the
day the statement is mailed. The request for a hearing must be in writing and delivered to
the City Clerk or the Clerk's designee. The hearing will be scheduled within 21 days of
the date of the request If the owner or occupant fails to request a hearing within the time
and in the manner required under this Section, the right to a hearing is waived.
(c) The hearing will be conducted by a hearing officer in an informal manner.
The Minnesota Rules of Civil Procedure and Rules of Evidence will not be strictly applied.
After considering all evidence submitted,)he hearing officer will make written Findings of
Fact and Conclusions regarding the nuisance conduct and the imposition of the repeat call
fee. The hearing officer will serve the Findings of Fact and Conclusions upon the owner or
occupant by U.S. Mail within five days of the hearing.
3~3
(d) If the owner or occupants fails to appear at the scheduled hearing date, the
right to a hearing is waived.
(e) Upon waiver of the right to a hearing under paragraphs (b) or (d), or upon
service of the hearing officer's Findings of Fact and Conclusions that the repeat call fee is
warranted, the owner or occupant must immediately pay the fee imposed.
Subd.7. LeQal Remedies Nonexclusive. Nothing in this Section will be construed to
limit the City's other available legal remedies, including criminal, civil, injunctive or others,
for any violation of the law which may constitute nuisance conduct.
Subd. 8. Exceptions. The City may not impose a repeat call fee against an owner
or occupant for a police response relating to emergency assistance, including, but not
limited to, domestic, spousal and child abuse.
Subd. 9. Recovery of Fee.
(a) If a repeat nuisance service fee is not paid within thirty (30) days after the
billing statement is sent by the City, it will constitute:
(1) a lien on the real property upon which the violation occurred if the
property or improvements on the property was the subject of the nuisance
conduct; or
(2) a personal obligation of the owner or occupant in all other situations.
(b) A lien may be assessed against the property and collected in the same
manner as taxes.
(c) A personal obligation may be collected by appropriate legal means.
Sec. 2. This ordinance shall be effective in accordance with Section 3.09 of the
Richfield City Charter.
Passed by the City Council of the City of Richfield, Minnesota this 27th day of
November 2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
~-y
RESOLUTION NO.
RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. 2007-_
WHEREAS,the City has adopted the above referenced ordinance; and
WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense of
publication of the complete text is not justified; and
WHEREAS, the following summary clearly informs the public of the intent and effect
of the ordinance.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield
that the following summary is hereby approved for official publication:
SUMMARY PUBLICATION
BILL NO.
AN ORDINANCE AMENDMENT TO CITY CODE SECTION. 925
AUTHORIZING A FEE FOR REPEAT CALLS TO PROPERTY FOR
NUISANCE CONDUCT ADDING NEW SECTION 925.13
The purpose of this amendment is to establish a fee for repeat
calls to the same property or location for activity or conduct deemed as a
public nuisance under any provision of City Code, Sections 925,511.21,
601, 905, 930, 1320 or 1325. A fee will be imposed upon the owner or
occupant of the private property if the City has rendered services or
responded to the property on three (3) or more occasions within a period
of 365 days in response to or for the abatement of nuisance conduct.
Violations of Minnesota State Laws prohibiting or regulating prostitution,
gambling, controlled substances, use of firearms and disorderly conduct
under Chapter 609 of Minnesota Statutes would be subject to fees under
this ordinance.
Copies of the ordinance are available for public inspection in the
Public Safety Department, Police Division, during normal business hours
or upon request by calling Lt. Todd Sandell at 612/861-9835.
Nancy Gibbs, City Clerk
BE IT FURTHER RESOLVED, that the City Clerk is directed to keep a copy of the
ordinance in her office at City Hall for public inspection and to post a full copy of the
ordinance in a public place in the City for a period of two weeks.
Adopted by the City Council of the City of Richfield, Minnesota this 27th day of
November 2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
Revisec{
AGENDA SECTION:
AGENDA ITEM #
REpORT #
PROP. ORDINANCE
9
313
.......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
NOVEMBER 27, 2007
REpORT PREPARED By:
RICK REGNIER, BUILDING OFFICIAL
NAME, finE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
III
REVIEWED BY CITY
MANAGER:
ITEM FOR'COUNCIL CONSIDERATION:
Consideration of an ordinance amendment to Richfield City Code Appendix D establishing a
fee schedule for certain permits and applications and a resolution authorizing summary
publication of ordinance..
I. RECOMMENDED ACTION:
By Motion:
· Approve the ordinance amendment to Richfield City Code
Appendix 0 establishing a fee schedule for certain permits and
applications and
· approve the resolution authorizing the summary publication of the
ordinance amendment.
I II. BACKGROUND I
The Inspections Division of the Department of Public Safety is recommending that
fees for building, plumbing, electrical, HVAC and sign permits be increased,
effective January 1, 2008.
1127 Ordinance Amendment to Appendix 0 Permits and Application Fees
The Community Development Department is recommending changes in certain land
use permit fees and updates to coincide with the pending changes to the zoning
code. .
The first reading was conducted on October 23,2007.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
· - City fees are intended to be established at rates that reflect the current
cost of providing the services associated with the fees.
I B. CRITICAL ISSUES I
· Minnesota'State Statute 462.353 requires that certain fees be adopted
by ordinance.
I C. FINANCIAL I
· The proposed amendment will increase fee revenues and avoid
further subsidization of those services by the general tax base.
I D. LEGAL
. None.
I IV. ALTERNATIVE RECOMMENDATION(S)
. None.
I V. ATTACHMENTS
· Transitory Ordinance.
· Exhibit A, Construction and Related Permit Fees and Charges.
. Resolution
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. N/A
q-I
ORDINANCE 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.18.33. 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.18.33.
Section 2. Fee ScheduleAdopted
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 as of January 1, 2008.
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. 18.33 to the extent that
Transitory Ordinance No. 18.33 is inconsistent with this ordinance.
Adopted by the City Council of the City of Richfield, Minnesota this 27th of November 2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs,. City Clerk
q~d-
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 permittee, 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 permittee not later than 180 days after the date of fee payment.
TYPE OF PERMIT SECTION
OR LICENSE REQUIRING DESCRIPTION FEE
(0) Inspections outside of normal business hours SM,QQ $60.00
(minimum charge - two hours) per hour
(b) Reinspection fees ~ $60.00
(minimum charge ~Q $35.00) per hour
(c) Inspections for which no fee is specifically WMQ $60.00
. indicated (minimum charae - one-half hour) oer hour
(d) Additional plan review required by changes, ~ $60.00
additions or revision to plans (minimum charge per hour
- two hours)
(e) Fee t9 reissue building inspection record $35.00
card
*Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision,
overhead, eauioment, hourlv waaes and frinae benefits of the emolOvee involved.
(1) Building Permits 400.03-400.09 $1 to $500 $35.00 ~
0ncludes one inspection)
Each additional insDection ~ $35.00
$501 to $2,000 $23.50 for the first $500 plus $3.05 each
additional $1 00, or fraction thereof, to
and including $2,000 with a minimum
fee of $35.00.
$2,001 to $25,000 $69.25 for the first $2,000 plus $14.00 for
each additional $1.000, or fraction
thereof. to and includina $25,000.
$25,001 to $50,000 $391.25 for the first $25,000 plus
$10.10 for each additional $1,000, or
fraction thereof. to and including
$50,000.
A-I
TYPE OF PERMIT
OR LICENSE
(2) Driveway, Parking
Area Permits
(3) Swimming
(4) Plan Review Fee
Plan review fee for
similar buildings
(5) Contractors License
Verification Fee
(6) Moving Dwellings 845
and Buildings other
than Dwellings
SECTION
REQUIRING
515.05
420.00
400.03-400.09
q..- 3
DESCRIPTION
$50,001 to $100,000
FEE
$643.75 for the first $50,000 plus $7.00
for each additional $1,000, or fractio
thereof. to and includin $100,000.
$993.75 for the first $100,000 plus $5.60
for each additional $1,000, or fraction
thereof. to and includin $500,000.
$993.75 for the first $100,000 plus $5.60
for each additional $1,000, or fraction
thereof. to and includin $500,000.
$3,233.75 for the first $500,000 plus
$4.75 for each additional $1,000, or
fraction thereof. to and including
$1,000,000.
$5,608.75 for the first $1,000,000 plus
$3.65 for each additional $1,000, or
fraction thereof.
$100,001 to $500,000
$100,001 to $500,000
$500,001 to $1,000,000
1,000,001 and up
(no permit fee for sidewalks) $ 25.00
Permanent above or below ground pools are
based Building Permit. Portable Pools $ 35.00
(No fee shall be charged for construction or
erection 'Of any pool 24 inches or less in depth at its
deepest part and not exceeding 177 sq ft in water
surface)
35% of building permit fee for one and two family dwelling
detached garages and basement remodels
65% of building permit fee for all other building permits, except no fe
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.
Maximum 25% of permit fee based on Minnesota State Building
Code 1300.0160
Charged once each time a contractor applies for $ 5.00
ermit s
Pre-inspection Fee: IN Richfield $ 35.00
OUTSIDE Richfield $ 70.00
Moving Permit Fee: $ 35.00
WITHIN Richfield
INTO Richfield $ 70.00
Movin Out of Ci $ 35.00
(7) Garage Moving 845 Pre-inspection Fee:
Of relocated in City) $ 35.00
$ 35.00
.
. A-2
TYPE OF PERMIT
OR LICENSE
(8) Structure
Demolition
(9) Plumbing'
Permit
(10) Plumbing
Permit
SECTION
REQUIRING
400.00-400.09
400.03-400.09
400.03-400.09
(11) Electrical Permit 400.03-.400.09
(12) Electrical Permit 400.03-400.09
Commercial
(13) Electrical Permit 400.03-400.09
Signs
(14) Heating, 400.03-400.09
Ventilating, Air
Conditioning
and
Refrigeration
Residential
Heating,
Ventilating, Air
Conditioning
and
Refrigeration
Commercial
q-4
DESCRIPTION
(a) Commercial
Demolition cost as per Building Permit Schedule
with a minimum of $
(b) Dwelling
..f~One or two story $
Residential - Garage and lesser structure $
Residential
Minimum Fee 2% ofTotal Job cost with a minimum of $
(includes one inspection)
Each additional insoection
Commercial/lndustriaI/Multi-family- Based on Total
Job cost
2% of Estimated Job cost with a minimum of
(includes one inspection)
Each additional inspection
Plan Review 10% of permit fee when the job cost
exceeds $50.000 '
Residential
(0) Minimum Fee which includes one inspection
(b) Each additional Inspection
(c) Complete Wiring Fee:
Single Family Dwelling and each dwelling unit of
a two family dwelling and includes not more than
three inspection.
(d) New Service - up to 200 amps
(e) Temporary Service - (for construction)
(f) Installation, addition alteration, or repair of
each circuit or feeder
(g) Swimming pool or exterior hot tub
Commercial, Industrial and multiple dwellings
(more than two units) and Technology systems:
Minimum Fee which includes one inspection
Each additional inspection
(a) Based on total job cost
- 2% of estimated job cost with a minimum of $
- Over $50,000 - Feel $1,000.00
plus 1 1/2% of cost over $50,000.00
(b) Traffic Signals: Per Intersection' $
(c) Fire Alarm: Based on 3/4% of cost of electrical
job to customer with a minimum of $
(d) Carnivals, festivals and similar events
plus $35.00 for each service on generator $
Based on 2% of cost of electrical jab to customer
with a minimum of $
(seoarate electrical permit reauired for sians)
Central Systems and Additions, Alterations and
Repairs $
1 112% estimated cost with a minimum of
(Includes one inspection)
Each additional inspection $
Central Systems and Additions, Alterations and
Repairs
1 1/2% estimated cost with a minimum of
A-3
FEE
35.00
35.00
35.00
35.00
$ 25.00 35.00
$ 45.00
$ 2&.00-35.00
$ 35.00
$ 25.00 35.00
$ ..f..:2&.00-150.0C
$~MlQ 55.00
$ 35.0045.00
$ 8.00
$ 55.00
$ 45.00
$---25.00 35.00
45.00
185.00
45.00
110.00
45.00
35.00
~-35.00
$ 45.00
TYPE OF PERMIT
OR LICENSE
(15) Heating, Fuel
Ventilation, Air
Conditioning,
Refrigeration
Storage Tanks
(16) Sign Installation
SECTION
REQUIRING
400.03-400.09
415.01-415.11
q-5
DESCRIPTION
Tanks (Installation modification, removal,
abandonment)
Each above ground tank
Each below ground tank
For installation or alteration of piping for every unit
FEE
$ 1 00.00
$ 100.00
$ ,%,00-50.00
$ .-JG,OO 35.00
$ 75.00
(a) Temporary sign permit
(b) Permanent sign (any size)
(c) Building permit is required for sign support
structures Fees based on building permit fee
schedule
ZONING, LAND USE AND RELATED CHARGES
TYPE OF PERMIT
OR LICENSE
(1) *Planned Unit
Development
(2) Site Plan Review
:Jfef'lSitional /\ctivHy
j8eI'ffif1:
(3) *Variance
Variance Appeal
(4) *Conditional Use
Permit
5 Interim Use Permit
t!31(6) *Zoning District
Chon e
(4'1(7) *Subdivision
Approval
SECTION
REQUIRING
~ 542
~
ew
547
~
~
a4&.Q.9 547
~547
547
a4&.G7 547
500.01-500.05
DESCRIPTION
(a) $500 plus $5/ $1,000 of project value up to a
maximum fee of
(b) PUD Plan Amendment fee - major
c PUD Plan Amendment fee - minor
(a) $500 plus $5 / $1,000 of project value to a maximum
fee of
(b) PIOn Amendment Fee
$300 plus $5/ $1,000 of project value up to a maximum
fee of
Residential
Non Residential
Extension
Residential and Non Residential
FEE
$ 3,500.00
$ 550.00
$ 250.00
$ 3,500.00
$ 550.00
$ 3,000.00
$ 250.00
$ 450.00
$ 75.00
$ 100.00
(a) change in use or amendment other than building $ 350.00
addition
(b) new construction or building addition up to 20,000 $ 600.00
sq. Ft.
(c) new construction or building addition over 20,000
sq. Ft. $600 + $.50/$1,000 of construction value up to $ 3,500.00.
a maximum fee of
$ 350.00
$ 500.00
$ SOO.OO
Subdivision Waiver 500.05-Subd.2 $ 350.00
* Any additional expense of notification necessitated by applicants request for continuance will be charged to the
applicant.
91(8) Off slfoot Parking Mt.Q7
PeFffijf goo.+a-~
(9) Street Vacation
E9j(10) Conditional
AetNi '-P--ermi*
820
521.103
(0)1\$ part of conditional usa pormit procoss
AAlA-ee~-tioo-wj:f:A.-!:3efffimBEl-l:lSe
~Jo FOG
S-.JQQ.,OO
$ 350.00
$ 300.00
A-4
TYPE OF PERMIT SECTION
OR LICENSE REQUIRING DESCRIPTION FEE
(10)i'JonconfetR1ing Uso 521, 105 $ 400,00
Pefffii:j: -
(10) Appeal to Board of 547 $ 350,00
Adj, & Appeals
(11) Special Request to $ 350,00
City Council
(12) Zoning Compliance $ 50,00
Letter
841(13) Comprehensive $ 350,OQ
Plan Amend, $ 500.00
~tfOA 's-----2&.OO
Pefmj.j:
~(14) -Plat: $ 500,00
preliminary & final
q-f.t;
PUBLIC WORKS FEES
TYPE OF PERMIT SECTION
OR LICENSE REQUIRING DESCRIPTION FEE
(8) Utility Services
Sanitary Sewer 700,05 All land uses
New Service $ 100.00
Repair $ 100,00
Disconnect $ 100.00
Replacement $ 100.00
Water Service 715.01 All land uses
New Service $ 100,00
Repair $ 100.00 -
Disconnect $ 100,00
Replacement $ 100.00
Turn on/off $ 35.00
Meter Installation $ 35.00
Private. Hydrant $ 50.00
Storm Sewer 720 All land uses
New Service $ 100.00
Repair $ 100.00
Disconnect $ 100.00
Replacement $ 100.00
A-5
FIRE SERVICES FEES
TYPE OF PERMIT
OR LICENSE
(6) Fire Extinguishing
System Permit
(7) Fire Alarm Systems
(8) Flammable or
Combustible
Underground
Storage Tanks
MISCELLANEOUS FEES
TYPE OF PERMIT
OR LICENSE
(3) Antenna
Commercial
Wireless
Telecommunication
Service CWTS
SECTION
REQUIRING
SECTION
REQUIRING
426
q~1
DESCRIPTION FEE
Based on Building Permit fee schedule with a
minimum of: $ 50.00
Plan review fee: 65% of building permit fee, except
no fee for the following:
a no char e for valuation of $1,000 or.less
Based on Building Permit fee schedule with a
minimum of: $ 50.00
Plan review fee: 65% of building permit fee, except no
fee for the following:
a no char e for valuation of $1,000 or less
Based on Building Permit fee schedule with a
minimum of: $ 50.00
Plan Review fee: 65% of building permit fee, except
no fee for the following:
(a) no charge for valuation of $1,000 or less
DESCRIPTION
(a) CWTS antenna permit application fee
(b) Antenna permit fee for additional antennas
added to an existing antenna location.
A-6
$ 100.001Tan
FEE
$ 75.00
$ 25.00
.
g-3
RESOLUTION NO.
RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO.
WHEREAS, the City has adopted the above referenced ordinance; and
WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense of
publication of the complete text is not justified; and .
WHEREAS, the following summary clearly informs the public of the intent and effect
of the ordinance.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield
that the following summary is hereby approved for official publication:
SUMMARY PUBLICATION
BILL NO.
AN ORDINANCE AMENDING APPENDIX D TO THE
RICHFIELD CITY CODE; ESTABLISHING A FEE SCHEDULE
FOR CERTAIN PERMITS AND APPLICATIONS
On November 27, 2007, the Richfield City Council adopted an ordinance
designated as Bill No. , the title of which is stated above. This summary
of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter.
The ordinance adopts a fee schedule for certain permits and approvals related to
construction, land use, utilities services and certain fire services. The ordinance
increases certain fees related to building, plumbing, electrical, HVAC and sign
permits. It also establishes a fee for interim use permits, increases the fee for
comprehensive plan amendments, and eliminates fees for zoning permits that are no
longer required. Copies of the ordinance are available for public inspection in the
office of the City Clerk duringnormal business hours or upon request by calling 612-
861-9760 of the Community Development Division.
Adopted by the City Council of the City of Richfield, Minnesota this 27th day of
November, 2007.
ATTEST:
Debbie Goettel, Mayor
Nancy Gibbs, City Clerk