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03-11-08 Agenda CITY OF RICHFIELD, MINNESOTA TUESDAY, MARCH 11, 2008 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: Pledge of Allegiance Approval of minutes of (1) Special City Council/HRA/Planning Commission Worksession of February 19, 2008 and (2) Regular City Council Meeting of February 26, 2008 PRESENTATION 1. Presentation of proclamation designating March 15, 2008 as Human Rights Day in Richfield COUNCil DISCUSSION 2. Council discussion . Hats Off To Hometown Hits Notes: AGENDA APPROVAL 3. Council approval of agenda CONSENT CALENDAR 4. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action 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 resolution authorizing summary publication of ordinance amendment adopting new Section 550 of Richfield City Code related to floodplain management regulations approved on February 26, 2008 S.R. No. 59 B. Consideration of approval of resolution authorizing Environmental Response Fund Grant agreement between City of Richfield and Hennepin County Department of Environmental Services for $99,500 for contaminated soil clean up and disposal costs, clean up plan implementation costs and sign demolition costs for 66th Street and Porl:land Avenue intersection construction project S.R. No. 60 C.Consideration of approval of request for renewal of lawful gambling license for Fred Babcock VFW Post #5555, 6715 Lakeshore Drive, and resolution granting gambling activity requested by applicant in accordance with Richfield City Code 1100.13, subd.6 S.R. No. 61 D. Consideration of approval of Recreational Facility and Amenity Dedication Policy S.R. No. 62 E. Consideration of approval of setting public hearing on April 8, 2008 for consideration of new on-sale wine and 3.2 percent malt liquor licenses with optional 2 a.m. closing for Aribel's Restaurant, 1120 East 66th Street S.R. No. 63 F. Consideration of approval of purchase of estimated 1,700 ton of winter deicing salt for 2008/2009 winter season from Mn/DOT at Cedar Avenue Truck Station at price of $46.69 per ton plus sales tax and 10% administrative fee payable to Mn/DOT Metro District S.R. No. 64 G. Consideration of approval of purchase of new Chevrolet one ton truck with dump box for use by Streets Maintenance Division consisting of Chevrolet 3500 HD cab and chassis from Thane Hawkins Polar Chevrolet for $19,876.34 and Magnum Aluminum Contractor Body from Midland Equipment Co. for $8,542.36 for total amount of $28,418.70 S.R. No. 65 H. Consideration of approval of purchase of new Chevrolet pickup truck and trailer for use by Garage Maintenance Division consisting of Chevrolet 2500HD pickup from Car Truck City for $23,077.11 and Quipnet QT 12 LS trailer from St. Joseph Equipment for $7,789.61 for total amount of $30,866.72 S.R. No. 66 I. Consideration of approval of purchase of new Chevrolet one ton truck with utility box for use by Parks Maintenance Division consisting of Chevrolet 3500 HD cab and chassis from Thane Hawkins Polar Chevrolet for $19,876.34 and utility box for chassis from Aspen Equipment for $8,961.63 for total amount of $28,837.97 S.R. No. 67 Notes: 5. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARING 6. Public hearing and second reading of transitory ordinance providing for expenditure of funds from Special Revenue Fund for certain capital improvements Staff Report No. 68 Notes: RESOLUTIONS 7. Consideration of resolution directing Xcel Energy to underground their overhead utility lines along 66th Street between Fourth and Park Avenues and Portland Avenue between 67th and 64th Streets within 66th Street and Portland Avenue intersection project limits and supporting their legal right to recover costs through surcharge to City's ratepayers Staff Report No. 69 Notes: 8. Consideration of resolution directing Xcel Energy to underground their overhead utility lines along 76th Street between Humboldt and Knox Avenues within 76th Street bridge over 35W reconstruction project limits and supporting their right to recover costs through surcharge to City's ratepayers Staff Report No. 70 Notes: 9. Consideration of resolution amending 2007 General Fund budget by authorizing transfer of appropriations from Legislative/Executive, Administrative Services and Community Development Departments to Public Safety and Fire Services Departments Staff Report No. 71 Notes: OTHER BUSINESS 10. Consideration of modifications to Transportation Commission bylaws Staff Report No. 72 Notes: CITY MANAGER'S REPORT 11. City Manager's report Notes: 12. Claims and payrolls Open forum (additional 15 minutes if more time needed after first Open Forum and by majority vote of the City Council) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: 13. Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 4A 59 ....... STAFF REpORT RICHFIELD CITY COUNCIL MEETING MARCH 11, 2008 REpORT PREPARED By: MELISSA POEHLMAN, PLANNING & ZONING ADMINISTRATOR NAME; TITLE COUNCIL PRESENTER: INTERIM DEPARTMENT DIRECTOR REVIEW: ~ REVIEWED By CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving summary publication of Section 550 of the City Code related to floodplain manaQement reQulations, approved February 26, 2008. 1. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing summary publication of an ordinance amendment adopting new Section 550 of the Richfield City Code related to floodplain management regulations. I II. BACKGROUND I On February 26,2008 the City Council approved an ordinance adopting new Section 550 of the Richfield City Code related to floodplain management regulations. In instances when the full text of an amendment is cumbersome and the expense of publication of the full text is not justified, the City is permitted to publish a summary of the approved amendment. 031108 - Summary Publication Section 550 I III. BASIS OF RECOMMENDATION I I A. POLICY I . The verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified. . The Council may publish a summary that clearly informs the public of the intent and effect of the bill. I B. CRITICAL ISSUES . N/A I C. FINANCIAL I . The expense of publication of the complete text is not justified. ID. LEGAL . N/A I IV. ALTERNATIVE RECOMMENDATION(S) . N/A I V. ATTACHMENTS . Resolution I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . N/A RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDMENT ADOPTING NEW SECTION 550 OF THE RICHFIELD CITY CODE WHICH PERTAINS TO FLOODPLAIN MANAGEMENT REGULATIONS WHEREAS, the City has adopted the above referenced amendment of 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. 2008- AN ORDINANCE AMENDMENT ADOPTING NEW SECTION 550 OF THE RICHFIELD CITY CODE WHICH PERTAINS TO FLOODPLAIN MANAGEMENT REGULATIONS IN THE CITY OF RICHFIELD This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The City Council adopted new ordinances related to zoning on November 13, 2007. Floodplain management regulations were intended to be adopted as part of this approval. These regulations were inadvertently left out. There are no substantive changes to the floodplain regulations; only organizational changes have been made. Floodplain management guidelines regulate the development of land within the floodplain. Regulations are necessary to ensure Richfield's eligibility in the National Flood Insurance Program. The regulations apply to areas designated as being within the 1 DO-year floodplain. Currently there are no areas within Richfield that fall within the 100-year floodplain. Copies of the ordinance are available for public inspection in the City Clerk's office during normal business hours or upon request by calling the Department of Community Development at (612) 861-9760. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of March, 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 031108 - Summary Publication Section 550 AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 4B 60 ....... STAFF REpORT RICHFIELD CITY COUNCIL MEETING MARCH 11,2008 REpORT PREPARED By: KRISTIN ASHER, ASSISTANT CITY ENGINEER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing Environmental Response Fund Grant agreement between the City of Richfield and Hennepin County Department of Environmental Services. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the Environmental Response Fund Grant agreement between the City of Richfield and Hennepin County Department of Environmental Services. I II. BACKGROUND I The Gityof Richfield applied for Hennepin County grant funds to be used for the clean up of contaminated soil and other clean up costs identified as part of the 66th Street and Portland Avenue Intersection project. The total grant awarded is for $99,500 to be used for completing the Minnesota Pollution Control Agency's approved Work Plan to clean up the areas disturbed for the 66th Street and Portland Avenue Intersection Project. In February 2008, staff was notified that the City was selected as a recipient for the grant. I III. BASIS OF RECOMMENDATION 0311 ERFGrant I A. POLICY I . Minnesota Statue 465.03 requires that the City approve a resolution accepting the funds of the grant money. I B. CRITICAL ISSUES I . The contractor is preparing to begin the work on the project and the grant must be fully executed prior to the work if reimbursement through the grant dollars is expected. I C. FINANCIAL I . If grant money was not available the environmental assessments would be paid for with City funds. I D. LEGAL I . Staff will ensure that all consultants and contractors completing work eligible for reimbursement from this fund meet the provisions outlined in the grant agreement. . The City Attorney has reviewed the agreements as presented. I IV. ALTERNATIVE RECOMMENDATION(S) I . Choose not to approve the resolution, which would void the acceptance of the grants. I V. ATTACHMENTS . Resolution . Proposed Agreement I VI. PRINCIP AI; PARTIES EXPECTED AT MEETING . None RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO ENVIRONMENTAL RESPONSE FUND GRANT AGREEMENT WITH HENNEPIN COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES FOR $99,500 TO BE USED FOR CONTAMINATED SOIL CLEANUP AND DISPOSAL COSTS, CLEAN UP PLAN IMPLEMENTATION COSTS AND SIGN DEMOLITION COSTS FOR THE 66TH & PORTLAND AVENUE INTERSECTION RECONSTRUCTION PROJECT. WHEREAS, the Public Works Department, has applied for and received a Environmental Response Fund Grants in the amounts of $99,500; and WHEREAS, the City intends to use these funds to complete the identified clean up of contaminated soil and disposal cost and clean up plan implementation costs for the 66th Street and Portland Avenue Intersection Reconstruction Project; and WHEREAS, Minnesota Statute 465.03 requires every acceptance of a grant or devise of real personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. That the City Council of the City of Richfield hereby authorizes the Mayor and City Manager to enter into the Environmental Response Fund Grant agreement with Hennepin County in the amounts of $99,500 and authorizes the City to administer the funds in accordance with grant agreement and terms described by Hennepin County. Adopted by the City Council of the City of Richfield, Minnesota this 11 th day of March 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk Contract No. A072264 ENVIRONMENTAL RESPONSE FUND GRANT AGRE:qMENT BETWEEN THE CITY OF RICHFIELD AND HENNEPIN COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES This Agreement is made on by and between the County of Hennepin, State of Minnesota ("County") at A2300 Government Center, Minneapolis, MN 55487 by and through its Department of Environmental Services ("Department") and the City of Richfield, 6700 Portland Avenue South, Richfield, Minnesota 55423 ("Grantee"). Grantee agrees to complete the Project within two stated herein. Any material change in the scope of th approved in writing by the County. Upon approval by may be extended for up to twel onths. 1. GRANT AMOUNT AND COMPLETION Grantee has made application to the County for a grant to be used for contamin activities at the 66th Street and Portland Avenue Intersection in Richfield, who Agreement by reference. In consideration of the mutual promises set forth below, the parties a rantee shall keep fmancial records including ficient to evidence in proper detail the nature and in accordance with generally accepted accounting examine, au accounting pra shall be maintaine for six (6) years after r any of their duly authorized representatives at any time during reasonably deem necessary, shall have access to and the right to any b oks, documents, papers, records, etc., which are pertinent to the Grantee and involve transactions relating to this Agreement. Such materials d rights shall be in force and effect during the period of the Agreement and or cancellation. County will disburse funds to Grantee pursuant to this Agreement, based on a payment request form provided by the County, submitted by Grantee and approved by the County. Payment requests can be submitted once per month and must be accompanied by supporting invoices that relate to activities in the approved Project budget. Subject to verification of adequacy of a written disbursement request and approval of consistency with this Agreement, the County will disburse the requested amount to Grantee within six (6) weeks after receipt of a written disbursement request. 1 4. REPORTING Grantee shall submit to the County a report on the distribution of funds and the progress of the Proj ect covered from the date of the grant award through June 30 of each year. The reports must be received by the County no later than July 25 of each year. The report shall identify specific goals listed in the application and quantitatively measure the progress of such goals. Reporting forms will be provided by the County. In addition, the required documentation listed in Exhibit A should be supplied as it becomes available. 5. CONTRACTS Public Grantees and any contractors or subcontractors pe that public Grantee's AffIrmative Action policy against discrimin at it shall not exclude any ice, or activity on the ublic assistance status, egulations against Grantee shall include in any contract, provisions that require contractors to comply Federal laws and regulations regarding employment and workplace safety. _ In accordance with Hennepin County's policies against discrimination, Gr pers<;m from full employment rights or participation in or the benefits of grounds of race, color, creed, religion, age, sex, disability, marital s or national origin; and no person who is protected by applicable F discrimination shall be otherwise subjected to discrimination. This Agreement may be canceled by the County u event of such cancellation, Grantee shall be entitle satisfactorily performed up to the effective date of su antee without cause. Inthe rata basis, for work or services of this Agreement, that reasonable tion ofth ssessment and/or clean-up activities ing any other provisions of this Agreement to the , the County may refuse to disburse additional isbursed, to the extent such funds were used for 7. Grantee shal , and anner of performing the activities herein. Nothing is intended or should be cons reating or establishing the relationship of co-partners between the parties hereto or as consti e agent, representative, or employee of the County for any purpose or in any manner whatsoever. and shall remain an independent contractor with respect to all services and activities performed un reement. Any and all personnel of Grantee or other persons while engaged in the performance of any work ices required by Grantee under this Agreement shall have no contractual relationship with the Cou , and shall not be considered employees of the County. Any and all claims that mayor might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employllent including without- limitation, claims of discrimination against Grantee, its officers, agents, contractors, or employees shall in no way be the responsibility of the County. Grantee shall defend, indemnify and hold harmless the County, its offIcials, officers, agents, and employees from " any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the County, including, without limitation, tenure rights, medical and hospital care, sick leave, Workers' Compensation, Re-employmentCompensation, disability, severance pay, and retirement benefits. 2 8. INDEMNIFICATION Grantee agrees to defend, indemnify and hold harmless, the County, its officials, officers, agents and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of Grantee, its contractors or subcontractors or anyone directly or indirectly employed by them, and/or any party that directly or indirectly benefits from the activities specified in this Agreement, and/or anyone for whose acts and/or omissions they may be liable in the performance of the activities specified in this Agreement and against all loss by reason of the failure of Grantee to perform fully, in any respect, all obligations under this Agreement. 9. INSURANCE In order to protect the County and those listed above under the indemnificati during the term of this Agreement and beyond such term when so require kept in force, and to cause all contractors to do likewise, the following in insurance or self-insurance program: 1. Commercial General Liability on an occurre General Aggregate Products-Completed Operations Aggregate Personal and Advertising Injury Each Occurrence - Combined Bodily Inj 2. 3. 4. - Per Claim and Aggregate t be maintained continuously for a period of two years after the termination of 1,000,000 1,000,000 1,000,000 Statutory 500,000 500,000 500,000 Grantee shall require that y independent contractors rendering assessment and/or clean-up activities under this Agreement furnish certificates of insurance to Grantee of the insurance coverages listed above, and provide updated certificates as coverages expire. An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. The above establishes minimum insurance requirements. It is the sole responsibility of Grantee to determine the need for and to procure additional insurance which may be needed in connection with this Agreement. Copies of policies shall be submitted to the County upon written request. . Grantee shall not commence work until it and any contractors have obtained the required proof of insurance which clearly evidences required insurance. coverages. 3 If Grantee fails to furnish proof coverages, if requested by the County, the County may withhold payments and/or pursue any other rights or remedy allowed under the contract, law, equity, and/or statute. 10. MERGER AND MODIFICATION It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. 11. MINNESOTA LAWS GOVERN Any alterations, variations, modifications or waivers of provisions of this Agreem have been reduced to writing as an amendment to this Agreement signed by the The Laws of the State of Minnesota shall govern all questions and . construction of this Agreement and the legal relations between th appropriate venue and jurisdiction for any litigation hereunder Hennepin, State of Minnesota. Litigation, however, ill the appropriate federal court within the State of Minnesota. I unenforceable, the remaining provisions will not be affected. 4 COUNTY BOARD APPROVAL GRANTEE, having signed this agreement, and the Hennepin County Board of Commissioners having duly approved this agreement on the of , 2008, and pursuant to such approval, the proper County officials having signed this agreement, the parties hereto agree to be bound by the provisions herein set forth. Reviewed by the County Attorney's Office COUNTY OF HENNEPIN STATE OF MINNESOTA Date: By: ChairofIts County Bo Assistant County Attorney Date: irector, Department of Environmental Services GRANTEE Grantee certifies that the person who executed this Agreement is authorized to do so on behalf of Grantee as required by applicable articles, bylaws, resolutions or ordinances. * Name: CITY OF RICHFIELD By: Date: *GRANTEE shall submit applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's delegation of authority. This documentation shall be submitted at the time Grantee returns the Agreement to the County. Documentation is not required for a sole proprietorship. HCA Form No. 101 2008 (Revised 11/07) 5 Exhibit A City of Richfield Proi ect Summary: The project site consists of the four parcels occupying the comers of the 66th Street and Portland Avenue intersection. The parcels are occupied by a BP Amoco service station, a Mr. Tire store, a Sinclair service station and T &T Automotive. Petroleum contamination is known to be pres n three of the four properties and is anticipated to be present on the fourth. The City of Richfield inten ese properties to reconfigure the intersection, which is one of the most dangerous interse Hennepin County, into a roundabout. The intersection reconfiguration is a j oint City of Richfi epin County proj ect. ERF assistance is requested for sign demolition, contaminated soil disp d tank removal/relocation (T & T Automotive) and cleanup plan implementation costs. The to the City of Richfield for contaminated soil cleanup and disposal costs, cleanup plan i demolition. However, the underground tank removal and relocation c stance. The following costs are based on a budget submitted writing by the County. Approved Budget for the 66th Contaminated Soil Cleanup and Disposal Costs, and Sign Demolition Costs: $ 99,500 $ 99,500 E-l AGENDA SECTION: AGENDA ITEM # REPORT # CONSENT 4C 61 ....... STAFF REPORT RICHFIELD CITY COUNCIL MEETING MARCH 11,2008 REpORT PREPARED By: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME, TinE COUNCIL PRESENTER: NAME, TInE REVIEWED BY CITY MANAGER: DEPARTMENT DIRECTOR REVIEW: rn ITEM FOR COUNCIL CONSIDERATION: Consideration of the request for the renewal of a lawful gambling license for Fred Babcock VFW Post #5555, 6715 Lakeshore Drive. I. RECOMMENDED ACTION: By Motion: Approve the request for the renewal of a lawful gambling license for Fred Babcock VFW Post #5555, 6715 lakeshore Drive, and further approve the attached resolution for the gambling activity requested by the applicant in accordance with Richfield City Code 1100.13, sub.6. I II. BACKGROUND I On February 22, 2008, Fred Babcock VFW Post #5555 submitted an application for the renewal of their lawful gambling license. The $100 investigation fee has been received. The Public Safety Department has conducted the required background investigation and has determined that the applicant has complied with all of the requirements. 0311 VFW Gambling Renewal I III. BASIS OF RECOMMENDATION I I A. POLICY 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 renewal of a lawful gambling license for Fred Babcock VFW Post #5555. This would mean that the applicant would not be able to conduct gambling activities. within their establishment; however, the Public Safety Department has not found any basis for a denial. I V. ATTACHMENTS I . A resolution granting approval for Fred Babcock VFW Post #5555 to conduct lawful gambling. I VI. PRINCIP AL PARTIES EXPECTED AT MEETING . None RESOLUTION NO. A RESOLUTION GRANTING APPROVAL FOR FRED BABCOCK VFW POST #5555 TO CONDUCT LAWFUL GAMBLING WHEREAS, Fred Babcock VFW Post #5555 has submitted an application for the renewal of their lawful gambling license; and WHEREAS, the application requests renewal of their bingo operations; and WHEREAS, Minnesota State Statute Section 349.213 provides authority for review of applications by local authorities; 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 Fred Babcock VFW Post #5555, 6715 Lakeshore Drive. Passed by the City Council of the City of Richfield, Minnesota this 11th day of March, 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM # 4D REpORT # 62 ........ STAFF REpORT RICHFIELD CITY COUNCIL MEETING MARCH 11, 2008 REpORT PREPARED By: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: 121 ;j REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a Recreational Facility and Amenity Dedication Policy. I. RECOMMENDED ACTION: By Motion: Approve the Recreational Facility and Amenity Dedication Policy. I II. BACKGROUND I In response to recent requests to rename recreational facilities to honor the contributions of two individuals, the Community Services Commission developed the proposed Recreational Facility and Amenity Dedication Policy to handle such requests. Requests have come forward to dedicate Upper Donaldson Field in honor of the memory of Gordon Larson and the Hichfield Ice Arena in honor of the memory of AI Payne. The purpose of this policy is to establish guidelines for dedicating recreational facilities and amenities including athletic fields, park buildings, and other recreational structures located in the City of Richfield in honor of an individual or organization. The Community Services Commission developed a policy that does not accept requests to permanently rename a park, recreational facility or amenity in honor of an individual or organization, but as an alternative offers the attached 0311 Facility Dedication Policy guidelines to dedicate such facilities to the memory of an individual or organization by granting the installation of a dedication plaque onsite of such facilities City Council reviewed a draft policy at their study session on February 12, 2008 and suggested to include a 'cooling down' period of six months for the nomination of deceased individuals, to delay the time a request can be made after the individual passes away. The Council also suggested restricting the dedication display to a memorial plaque. The Community Services Commission discussed the recommendations from City Council at their meeting on February 19, 2008 and is recommending that fundraising projects conducted by the Friends of Wood Lake (FOWL) be exempt from the Recreational Facility and Amenity Naming Policy because of the growing number of bequests to the Wood Lake Nature Center to fund major projects such as the Gateway Gardens. These changes have been underlined in the attached document. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The Community Services Commission recommends that City Council have final approval of all requests to dedicate a recreational facility to the memory of an individual, as written in the attached policy. I B. CRITICAL ISSUES I . The Metro Area Babe Ruth Umpires Association would like to submit an application to dedicate the Upper Donaldson field to the memory of Gordon Larson to beable tohave a dedication ceremony sometime during the upcoming ball season. I C. FINANCIAL I . The policy indicates that the nominating person(s) of such dedication requests shall be entirely responsible for all costs associated with the dedication including application, background check fees, recognition, and memorial plaque. I D. LEGAL . None I ALTERNATIVE RECOMMENDATION(S) . None I IV. ATTACHMENTS I . Recreational Facility and Amenity Dedication Policy [ V. PRlNCIP AL PARTIES EXPECTED AT MEETING . None City of Richfield Recreation Facility and Amenity Dedication Policy Purpose The purpose of this policy is to establish guidelines for dedicating recreational facilities and amenities inCluding athletic fields, park buildings, and other recreational structures located in the City of Richfield in honor of an individual or organization. The City of Richfield does not accept requests to permanently rename a park, recreational facility or amenity in honor of an individual or organization, but as an alternative offers !he following guidelines to dedicate such facilities to the memory of an individual or organization by granting the installation of a dedication plaque onsite of such facilities. Nomination Criteria Nominations for dedicating City of Richfield facilities or amenities in the memory of an individual or organi~ation shall be based on one or more of the following criteria: 1. In honor of organizations or individuals (living or deceased) who have made a significant contribution, financial or otherwise, to the City of Richfield or who have played a leading role in advancing the City of Richfield as a good place to live, work or recreate.. 2. In honor of a person, place or event that played a significant role in the history of the City of Richfield. The individual or organization for which the dedication is sought shall be deemed to be of good general character and should not be associated with unlawful or unseemly activities. Dedication Guidelines The dedication of City recreational facilities via this policy shall be limited to significant facilities or amenities, including but not limited to buildings, rooms in buildings, athletic fields, ponds, bridges, playgrounds, and trails. The dedication of minor amenities such as water fountains and benches are not part of this policy and will be addressed by the Recreational Services Department. Fundraisino proiects conducted by the Friends of Wood Lake that benefit the Wood Lake Nature Center are exempt from this policy. The dedication of City facilities or amenities shall normally be limited to no more than two per year to maintain the stature of the facility dedication honor. Any undedicated City recreational facility may be nominated for dedication using the criteria of this policy. The nominating person(s) shall be entirely responsible for all costs associated with the dedication including application and background check fees, recognition, and memorial plaques, displ8Ys or other. The size, style, text and location of 1bese the memorial plaque shall be subject to review and approval of the Recreation Services Director and the Nominating Committee. Application Process The process for dedicating a recreational facility or amenity to the memory of an individual shall be: 1. The nominating person(s) shall request a City of Richfield Recreational Facility Dedication Nomination form from the Recreation Services Department office. Nominations for deceased individuals will not be accepted until after a six-month time period from the date the individual passed away. 2. A fully completed City of Richfield Recreational Facility Dedication Nomination form shall be submitted to the Recreation Services Director and the Nominating Committee along with the specified application fee. 3. The completed application will be reviewed by Nominating Committee (consisting of assigned members of the Community Services Commission) for completeness, accuracy and adherence to policy guidelines. 4. All individuals nominated shall be subject to a criminal background check. 5. If the nomination is rejected based on the above review, the nominating person designated on the application will be notified in writing. 6. Nominations that pass the above review will be forwarded to the Community Services Commission for review at their next regularly scheduled meeting. 7. Within 60 days of the Community Services Commission meeting at which the application is received, a recommendation will be made. If rejected by the Community Services Commission, the nominating person designated on the application will be notified by City staff in writing. 8. Ifapproved, the recommendation will be forwarded to the City Council for final review and approval or denial. 9. Nominating parties will be notified in writing of the City Council's actions within two weeks of the meeting at which action is taken. 10. The City Council shall have the authority to override this policy when they deem doing so to be in the best interest of the City. Revocation Recreational facility dedications may be revoked by the Community Services Commission should information later come to light that runs counter to the substance and spirit of this policy. AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 4E 63 : ..... STAFF REpORT RICHFIELD CITY COUNCIL MEETING MARCH 11,2008 REpORT PREPARED By: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the issuance of new on-sale wine and 3.2 percent malt liquor licenses with optional 2 a.m. closing for Aribel's Restaurant, 1120 E. 66th Street. 1. RECOMMENDED ACTION: By Motion: Approve a public hearing to be held April 8, 2008, for the consideration of new on-sale wine and 3.2 percent malt liquor licenses with optional 2 a~m. closing for Aribel's Restaurant, 1120 E. 66th Street. I II. BACKGROUND I Applications for new on-sale wine and 3.2 percent malt liquor licenses with optional 2 a.m. closing for Aribel's Restaurant were received by the City on January 10, 2008. 0311 Set PH for Aribel's New Wine and 3.2 Liquor Licenses I III. BASIS OF RECOMMENDATION I I A. POLICY I . City ordinance provides that the City Council conduct a public hearing to consider all wine and 3.2 percent malt liquor applications and that a date be set for the public hearing prior to the hearing. . The hearing must be scheduled and held before a new license may be considered. . The new process has been initiated. . Holding the public hearing on April 8, 2008 will provide ample time to complete the licensing process. I B. CRITICAL ISSUES . N/A I C. FINANCIAL . N/A I D. LEGAL . N/A I IV. ALTERNATIVE RECOMMENDATION(S) I . Reject the applications for new on-sale wine and 3.2 percent malt liquor licenses with optional 2 a.m. closing for Aribel's Restaurant. . Schedule the hearing for another date. However, this may delay the licensing process. I V. ATTACHMENTS . None I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . N/A AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 4F 64 ....... STAFF REpORT RICHFIELD CITY COUNCIL MEETING MARCHIl., 2008 REpORT PREPARED By: TRENT JUTTING, STREET SUPERVISOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: E(' REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of purchase of winter deicing salt. 1. . RECOMMENDED ACTION: By Motion: Authorize the purchase of an estimated 1,700 ton of winter deicing salt for the 2008/2009 winter season from Mn/DOT at the Cedar Avenue Truck Station at the price of $46.69 per ton, plus sales tax, and a 10% administration fee payable to Mn/DOT Metro District. I II. BACKGROUND I Each year the City purchases rock salt, to control ice on road surfaces during the winter season. Next year, Public Works Maintenance Operations will be relocated to the new facility at 66th and Cedar Avenue. The new site has provided some opportunities for partnership with Mn/DOT due to its close proximity to their Cedar Avenue Shop. The opportunity to purchase salt from Mn/DOT for the cost of the salt plus 10% administration fees allowed the City to build a facility without a salt shed which would have taken up valuable space on a tight site. Sharing one salt shed also reduces potential for pollution problems. The large size of Mn/DOT's shed allows them to take advantage of early order discounts and we will no longer need to worry about manipulating our salt usage to ensure that we use at least 80% and no more than 120% of our order because Mn/DOT will only bill us on the actual 031108salt salt we use. Also, partnerships such as this are good public relations for both agencies as everyone looks for more efficient and cost effective ways to provide services. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The City participates in a joint purchasing agreement with the State of Minnesota and Mn/DOT. . The State of Minnesota solicited bids for all the participants in the joint purchase agreement. I B. CRITICAL ISSUES I . The City of Richfield does not have salt storage at our new facility. This must be resolved before Mn/DOT places their order for next season. I C. FINANCIAL I . A recent history of prices for this product is: Year Base Price Vendor 06/07 45.28/ton North American Salt Co., Overland Park, KS 07/08 47.09/ton North American Salt Co., Overland Park, KS 08/09 46.69/ton Mn/DOT Cedar Av. Truck Station . Funding for this purchase is included in the 2008 and 2009 operating budgets for street maintenance. . Purchase prices will reflect the change when the new contract is awarded in July of 2008. I D. LEGAL I . When the purchase of merchandise, materials, equipment, or construction exceeds $25,000, authority to purchase shall be submitted to the City Council for consideration. I IV. ALTERNATIVE RECOMMENDATION(S) I . Council could choose to discontinue the use of rock salt to control ice on road surfaces during the winter season. However, staff is not aware of a more effective means of providing the safest road conqition possible under icy conditions. . Although the City is obligated to purchase 100% of the agreed amount for the 2008/2009-winter season, further'participation in the partnership for deicing salt could be abandoned. I V. ATTACHMENTS . Partnership Proposal with Mn/DOT I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None. ~ ,L... ; ~ ((1\ ao~ Partnership Proposal Minnesota Department of Transportation 395 John Ireland Blvd, MS 700 St. Paul, MN 55155 For office use only Tme~"b~~-S Fund # ~CJ{) - TCJ EA:- / ~ JV D -M.",~(,~if DJ.:::1 Estimated receivable $ 9~ '7~~'Iff' Date apprQved ~ ~ 05 vOtf Rdtl ~V}~(/J1 r;)30 I ..1... ",,~~rj$ttl~.'.~pprq~irr1at~~q~tP~#i~iPi:ifi9I'li(?t.4(jlJarv~i4e.'Qf'..thfs-par-tn$J"~hipt.cj Mil/POT?" . . .' . '>>i<<\\" . . . li~,~i~~th~cofltCl9fp~r$9tifQ~ig~~~p~ffY-; .............. '.. ....... ., Mn/DOT contact . Name: Address: Phone: Fax: Email: 1 ~~ Other Party contact (Add additional parties if necessary) Mn/DOT contact Name: Address: Phone: Fax: Email: 1'~~it:j~$~tip~itt1~..pr()p9~~tfr~~P9~~(~.il~~i~~Qf~~~t1ip~~;..... Other party agrees to: (Add additional parties if necessary) 2 '~ ',' ~ Other Party contact (Add additional parties if necessary) Mn/DOT contact Name: Address: Phone: Fax: Email: """"'11'" """-,~ , ",~. """,'".. '"' "" .. . -" ... ., . 'c;.' :': :--"', -- ,'"" "'=""'~.- - - -;, ".""'><""~ '''''.'. '''''''-HI'' ,""-"-". '. ..." ."i.-"'....~.".~~ --.~".,..., 1i,'.,:~'I~..J%\1j ','.,., "'~~~~F~*'N.~"i". ~&~ ~i:,""'-<f,j4tfi"'lIl:';;),.~A'i. %jjffdi"1li! ;.;_i.l~':~':~ ltJ~~ i:tBt \';:,(~lill' 'i.~' v~J:;le.m'i.UJ~~'" ;.:,:~." ;,,,":'''''.. ~.,.;". :,' ~~~~.f,:.j'>.~~~- . _-"~ frh~ ~~l,~""'~A*,)Jf'~~ '~~~:i:S,i:W~~ 1."""""~_=""J~t.,;Ii""",.\,,,,.,w.,,",,,,,,_,~.III.~_M>~",'~'l',,,w~.,,,,,,,.,,,,.JI>,,,w..,JI~~,.,~""~,.&~",, 1~'-:i~~$9rll?~J~~,~f~pp~~~r~~P9P~I~in~~~,~~ti~~'gfip~:rfi(....., '::'.'" ".. . ' . ,. ". '.. - ';.;" : ....::.. .:~ '. .: - - :: ::',: . -'.; I . '..>. ,.:, Other party agrees to:, (Add additional parties if necessary) 2 I--:;t ' : .;,' ~t: .' , ' . '~- 4. How will each. party benefit from this partnership? Benefits to Mn/DOT: Promote a good working relationship with another public agency Benefits to other Party: (Add additional parties if necessary) City of F{~chfi~!<tVvilfbenefit py .having Mh/Dot deliVer the salt that they need for the wil1term()nths~.' ...... 5. List approximate dates of duration of partnership-. From:. Nov~mber1, 2008 To: November t, 2009 6. Identify. any other justification for this partnership. . What will happen if it does not take p.lace? Cityof"ichfiel~d()~S.not..hCl,,~StCiltst()rCige at th~irnew facil.itywchictl would create a . har-dshipforthe CitYinproVidtngsnow and ita seIVices to the travelihg motorist. j . .' " ". ~. "l [ ,r "'.J ('::. RiChfieldUity Manager ,Date Richfield City Mayor Date .~...~ . Distnct Engineer/Office Director Date t/'G~!or I Send this form to: Janet G. Ekern, Partnerships Coordinator Minnesota Department of Transportation 395 John Ireland, Blvd, MS 700 St. paul, MN 55155 651-297-7509 FAX 65t~297-7576 :E.edbV: . ... .. " JJtJ~b 'D" fsion Director' '../ Date //3 ffog -J-(~r.. Director. Finan' e & A~n Date ~ ,r -of If , ' I;. .",-,oJ , ''''1 r . i:-:' '" Rldhfi,ejd(~ity Manager , D'c'ite Richfield City Mayor Date' ", .~....~ . Distnct Engineer/Office Director Date t/c,s-!of , I Send this form to: Janet G. 'Ekern, Partnerships Coordinator Minnesota Department of Transportation 395 John .Ireland, Blvd, MS 70P st. paul, MN 55155 ,\, 651..297-7509 FAX 651'l29t-7576. :iledbY: . ... . , .: J4-tJ~b. DO ifsion Director' " . . Date /l3l{08 I ! . . Date - ~ .r -of . /. . ./ If AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 4G 65 ....... STAFF REpORT RICHFIELD CITY COUNCIL MEETING MARCH 11, 2008 REpORT PREPARED By: MARK HALL, FLEET AND PARKS SUPERVISOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ vi REVIEWED BY CITY MANAGER: u( ITEM FOR COUNCIL CONSIDERATION: Consideration of purchase of a new Chevrolet One Ton Dump Truck for use by the Streets Maintenance Division. I. RECOMMENDED ACTION: By Motion: Approve the purchase of a Chevrolet 3500HD with dump box in the amount of $28,418.70 consisting of the following items: . Chevrolet 3500HD cab & chassis from Thane Hawkins Polar Chevrolet for $19,876.34. . Magnum Aluminum Contractor Body from Midland Equipment Co. for $8542.36 . I II. BACKGROUND I . Unit 389, 1996 Ford F350 one ton truck with dump box, currently used by the Street Division, is fully depreciated and scheduled for replacement in 2008. It has already been extended four years beyond its original depreciated life. This truck is used primarily in our blacktop operation on a year round basis. . Purchase of a replacement has been coordinated through the State of Minnesota Cooperative Purchasing Program. Under this program, the State of Minnesota solicits bids from a variety of dealers for specific motor pool 03110ne ton dump truck . Purchase of a replacement has been coordinated through the State of Minnesota Cooperative Purchasing Program. Under this program, the State of Minnesota solicits bids from a variety of dealers for specific motor pool equipment. The low bidder for the type of equipment required is then awarded a contract to supply equipment to the participating members of the Cooperative Purchasing Program at the low bid price. The City of Richfield participates in this program. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The City of Richfield participates in the Minnesota State Cooperative Purchasing Program. I B. CRITICAL ISSUES I . Approval at the March 11, 2008 Council meeting will facilitate delivery of the new one ton truck. I C. FINANCIAL I . The approved 2008 budget contains $30,000 for this purchase. . Upon delivery of the vehicles, charges for rustproofing and strobe lights will be deducted from the remaining funds budgeted for this purchase. . Funding for these vehicles will be from tax levy and the Central Garage fund. I D. LEGAL I . When the purchase of materials, merchandise, equipment or construction exceeds $25,000, authority to purchase shall be submitted to the City Council for consideration. I IV.. ALTERNATIVE RECOMMENDATION(S) I . Council may delay approval to a later meeting. Delayed approval, however, will result in delayed delivery. I V. ATTACHMENTS . None I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None ! AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 4H 66 ........ STAFF REpORT RICHFIELD CITY COUNCIL MEETING MARCH 11, 2008 REpORT PREPARED By: MARK HALL, FLEET AND PARKS SUPERVISOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ [i( REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of purchases of a new Chevrolet 2500HD pickup truck and trailer for use by the GaraQe Maintenance Division. 1. RECOMMENDED ACTION: By Motion: Approve the purchase ofa Chevrolet2500HD with trailer in the amount of $ 30,866.72 consisting of the following items: . Chevrolet 2500HD pickup from Car Truck City for $23077.11. . Quipnet QT 12 LStrailer from St. Joseph Equipment $7789.61 I II. BACKGROUND I . Unit 405, a 1998 GMC 1 Ton Tow truck, used by the' Central Garage Division, is fully depreciated and scheduled for replacement in 2008. It has already been extended two years beyond its original depreciated life. . This combination of truck and trailer will be more versatile for use in the fleet then a tow truck, performing more duties than a single use tow truck can, and at a lower overall cost. The trailer is capable of hauling cars, mowers, sidewalk plows, etc. . Purchase of a replacement has been coordinated through the State of Minnesota Cooperative Purchasing Program. Under this program, the State of 031108truck&trailer ~. Minnesota solicits bids from a variety of dealers for specific motor pool equipment. The low bidder for the type of equipment required is then awarded a contract to supply equipment to the participating members of the Cooperative Purchasing Program at the low bid price. The City of Richfield participates in this program. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The City of Richfield participates in the Minnesota State Cooperative Purchasing Program. I B. CRITICAL ISSUES I . Approval at the March 11, 2008 Council meeting will facilitate delivery of the new pickup and trailer. I C. FINANCIAL I . The approved 2008 budget contains $45,000 for this purchase. . Upon delivery of the vehicles, charges for rustproofing, strobe lights, and toolboxes will be deducted from the remaining funds budgeted for this purchase. . Funding for these vehicles will be from tax levy and the Central Garage fund. I D. LEGAL I . When the purchase of materials, merchandise, equipment or construction exceeds $25,000, authority to purchase shall be submitted to the City Council for consideration. I IV. ALTERNATIVE RECOMMENDATION(S) I . Council may delay approval to a later meeting. Delayed approval, however, will result in delayed delivery. I V. ATTACHMENTS . None I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 4r 67 ....... STAFF REpORT RICHFIELD CITY COUNCIL MEETING MARCH 11, 2008 REpORT PREPARED By: MARK HALL, FLEET AND PARKS SUPERVISOR NAME, TInE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ ~ REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of purchase of a new Chevrolet One Ton Truck with utility box for use by the Parks Maintenance Division. 1. RECOMMENDED ACTION: By Motion: Approve the purchase of a Chevrolet 3500HD Chassis in the amount of $28,837.97 consisting of the following items: . . Chevrolet 3500HD cab & chassis from Thane Hawkins Polar Chevrolet for $19,876.34. . A utility box for chassis in the amount of $8,961.63 from Aspen Eauipment. . I II. BACKGROUND I . Unit 396,1997 Ford F250 truck with utility box, currently used by the Parks Division, is fully depreciated and scheduled for replacement in 2008. It has already been extended three years beyond its original depreciated life. This truck is used primarily in our building maintenance for Park buildings and playground equipment on a year round basis. This truck carries essential tools and cleaning supplies for repair and maintenance. 0311one-ton utility truck . Purchase of a replacement has been coordinated through the State of Minnesota Cooperative Purchasing Program. Under this program, the State of Minnesota solicits bids from a variety of dealers for specific motor pool equipment. The low bidder for the type of equipment required is then awarded a contract to supply equipment to the participating members of the Cooperative Purchasing Program at the low bid price. The City of Richfield participates in this program. I III. BASIS OF RECOMMENDATION I , I A. POLICY I . The City of Richfield participates in the Minnesota State Cooperative Purchasing Program. I B. CRITICAL ISSUES I . Approval at the March 11, 2008 Council meeting will facilitate delivery of the new one ton truck. I C. FINANCIAL I . The approved 2008 budget contains $30,000 for this purchase. . Upon delivery of the vehicles, charges for rustproofing and strobe lights will be deducted from the remaining funds budgeted for this purchase. . Funding for these vehicles will be from tax levy and the Central Garage fund. I D. LEGAL I . When the purchase of materials, merchandise, equipment or construction exceeds $25,000, authority to purchase shall be submitted to the City Council for consideration. I IV. ALTERNATIVE RECOMMENDATION(S) I . Council may delay approval to a later meeting. Delayed approval, however, will result in delayed delivery. I V. ATTACHMENTS . None I VI. PRINCIPAL PARTIES EXPECTED AT MEETING. . None AGENDA SECTION: AGENDA ITEM # REpORT # PUBLIC HEARING 6 68 ....... STAFF REpORT RICHFIELD CITY COUNCIL MEETING MARCH 11,2008 REpORT PREPARED By: CHRIS REGIS, FINANCE MANAGER NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of transitory ordinance providing funding for certain capital improvements from the Special Revenue Fund. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve second reading of the transitory ordinance providing for the expenditure of funds from the Special Revenue Fund for certain capital improvements. I II. BACKGROUND I . At the December 11, 2007 City Council meeting, the City Council authorized $500,000 of Special Revenue Funds for improvements to City recreation capital improvements in 2008. . The 2008 Capital Improvement Budget provides for expenditure for all types of . funds contained in the budget document including, municipal state aid, user fees, federal grants and state grants, however, authorization by ordinance is not required for expenditures other than Special Revenues. I III.. BASIS OF RECOMMENDATION I I A; POLICY I . City Charter Section 7.12, Subd. 2 requires that Special Revenue Funds for capital improvements must be authorized by ordinance. . This process provides for public input through a public hearing. 03112008T ransitoryOrd lB. CRITICAL ISSUES I . Under Section 3.09 of the City Charter, a transitory ordinance becomes effective 30 days after publication of the second hearing notice. It is prudent to complete the ordinance requirements early in the year so any capital projects planned can be initiated on a timely basis, completed and funds expended. This needs to be completed promptly so payments can be made for projects authorized. Ic. FrnANCIAL I . While the total 2008 Capital Improvements Budget (CIB) includes total budgeted expenditures of $37,666,440 the portion of CIS concerning proposed funding from the Special Revenue fund is $500,000 as shown below: Outdoor Pool Renovation Loan Repayment Major Park Maintenance Projects Ice Arena Parking Lot Reconstruction Lincoln Field & Other Ball Field Improvements Liquor Operation Capital Improvements 198,000 100,000 102,000 50,000 50,000 . A transitory ordinance is necessary to finalize these appropriations pursuant to City Charter. . The source of Special Revenue funds is municipal liquor profits. I D. LEGAL I . First reading of the ordinance was approved at the February 12, 2008 City Council meeting and a notice of public hearing was published on February 28,2008. I IV. ALTERNATNE RECOMMENDATION(S) I . The City Council could postpone the second reading of the transitory ordinance to a future City Council meeting. . The City Council could decide to authorize none or only a portion of the expenditures identified from the special revenue in the CIS. I V. ATTACHMENTS . Ordinance. I VI. PRINCIPAL PARTIES EXPECTED AT MEETrnG None. BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF MONEY FROM THE SPECIAL REVENUE FUND FOR CERTAIN CAPITAL IMPROVEMENTS CITY OF RICHFIELD DOES ORDAIN: Section 1: It is found and determined to be necessary and expedient for the City to expend money from the Special Revenue Fund for the making of capital improvements listed in Section 2 hereof, for which the City would be authorized to issue general obligation bonds. Section 2: The capital improvements and amounts of expenditures for such improvements which are authorized to be paid from the Special Revenue Fund under Section 7.12, Subdivision 2 of the City Charter, areas follows: Outdoor Pool Renovation Loan Repayment Major Park Maintenance Projects Ice Arena Parking Lot Reconstruction Lincoln Field & Other Ball Field Improvements Liquor Operation Capital Improvements 198,000 . 100,000 102,000 50,000 50,000 Section 3: The expenditures herein authorized shall be made pursuant to such contracts as are authorized from time to time by Council action. Passed by the City Council of the City of Richfield this 11 th day of March 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REpORT # RESOLUTIONS 7 69 ...... STAFF REpORT RICHFIELD CITY COUNCIL MEETING MARCH 11, 2008 REpORT PREPARED By: KRISTIN ASHER, ASSISTANT CITY ENGINEER NAME, TInE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of private utility undergrounding within the project limits of the 66th Street and Portland Avenue Intersection Proiect. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution directing Xcel Energy to underground their utility lines within the project limits of the 66th Street and Portland Avenue Intersection Project and supporting their legal right to recover costs through a surcharge to the City's ratepayers. I II. BACKGROUND ' I The City Council has identified undergrounding of private utilities within the City's right-of-way as a goal for the major roadways within Richfield. Xcel Energy has provided the City with a cost estimate which defines the difference between relocating their facilities overhead to overhead to underground to be $280,000 within the project limits. In the past, Xcel Energy undergrounding fees have been recovered by Xcel Energy through the use of a special facility recovery mechanism, described in their tariff, 0311XcelPortland which allows them to obtain funds through the City's ratepayers. The attached resolution is provided if the Council chooses to direct Xcel Energy to underground their utilities and utilize the surcharge mechanism. The Council has the option to pay directly for the undergrounding which would prevent Xcel Energy from utilizing their special facility recovery mechanism. However, no provision has been made for the $280,000 estimated cost within the project budget or the City's 2008 General Fund budget. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The City Council has identified undergrounding of public utilities in the right of way asa goal in the City's Comprehensive Plan (Goal 16 - 1997 Comprehensive Plan). I B. CRITICAL ISSUES I . The City has directed Xcel Energy to have their overhead facilities put underground by May 15, 2008. I C. FINANCIAL I . The estimated cost difference between relocating the poles and placing Xcel's facilities underground is $280,000. . Xcel Energy has the legal right to recover costs via a surcharge to City ratepayers. The $280,000 cost can be recovered in 16 months time using the same rates as in the past ($1/month/residential meter). I D. LEGAL I . The City Attorney has been working with staff on the utility undergrounding process. I IV. ALTERNATIVERECOMMENDATION(S) I . The Council may decide to pay for the undergrounding rather than have Xcel Energy recover their costs through the ratepayers. I V. ATTACHMENTS I . Resolution Directing Xcel Energy to Underground Overhead Utilities . Xcel Energy's Statement of Work Requested . Surcharge Estimate provided by Xcel Energy I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None RESOLUTION NO. RESOLUTION DIRECTING XCEL ENERGY TO UNDERGROUND OVERHEAD UTILITIES ALONG 66TH STREET BETWEEN 4TH AVENUE AND PARK AVENUE AND PORTLAND AVENUE BETWEEN 67TH STREET AND 64TH STREET WHEREAS, in 2008 roadway and boulevard improvements will be completed on 66th Street between 4th Avenue and Park Avenue as well as Portland Avenue between 6ih Street and 64th Street to provide for improved traffic safety; and WHEREAS, the City seeks to improve safety and aesthetics along 66th Street and Portland Avenue by directing Xcel Energy to underground it's electric utility facilities along 66th Street and Portland Avenue; and WHEREAS, Xcel Energy is expected to recover the additional costs it will incur because of the undergroundingoffacilities through a surcharge on customers within the City; and WHEREAS, the City is in receipt of an estimate for the requested undergrounding. WHEREAS, on February 6, 2007 Xcel Energy was notified by letter that their facilities must be relocated. The relocation must be completed no later than May 15, 2008. NOW, THEREFORE, BE IT RESOLVED by the City Council that: 1. Xcel Energy is hereby requested and directed to relocate its overhead facilities underground along 66th Street between 4th Avenue and Park Avenue. 2. Xcel Energy is hereby requested and directed to relocate its overhead facilities underground along Portland Avenue between 6ih Street and 64th Street. 3. The City agrees that it will not oppose a surcharge on customers of Xcellocated within the City. The amount shall be Xcel's necessary, actual, and reasonably incurred costs of undergrounding less the costs Xcel would have incurred through relocation of its overhead lines along the project site because of the 66th Street and Portland Avenue Intersection Project. 4. The City does not waive its right to verify, by legal means available to it, that the amount of the surcharge is necessary, actual and reasonable cost incurred. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of March, 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk . t/Xcel Energy&~ Statement of Work Requested DATE: February 28,2008 WORK REQUESTED BY City of Richfield WORK TO BE AT Portland Avenue and 66th Street Roundabout ADDRESS 6700 Portland Avenue Richfield, MN 55423 . CONSISTING OF: As per the request of th~ City Of Richfi~ld, replace existingoverhead 13,800 Volt distribution lines with underground distribution lines along 66th Street (CSAH53) from 4th Avenue South to Park Avenue and along Portland Avenue (CSAH35) from E 64th Street to E 67th Street. .''' " . . , . .... .._._-~......~'~..". .--...--.".--- ._--. .., ........ ii,is work consists of (2) PMH-11 load centers, (1) 3.ph LBC, (2) 3-ph 150kV A 120/208V pad txfs, (1) singl'e phase50kV A . pad ~xf, (1) secondary pedestal, (6) wood TP poles, (2900') of 3-1000 AI 15kV cables, (3300') of 3-1/0 AI 15kV cables, (2800') of 1- #2 AI cable, (250') of #4/0 triplex and (300') of #1/0-2 AI triplex. This work includes installation of 620' of 6" HDPE borepipe, 480' of 4" HDPE borepipe, and 840' of 2" borepipe. Some of this work may be jointly installed with Owest and Comcast as needed. This work includes the removal of (21) existing w()od poles, 3000' of 3-336 AI three phase overhead lines, and all associated overhead transformers and equipment on that line.. The estimate for all of the OH-UG work is $ 470,000.00. After subtracting the depreciation credits and the avoided OH- OHcosts associated with this work, the estimated contribution in aid of construction is estimated at $ 280,000.00 for the City of Richfield. Upon completion of the job, the actual costs will be reconciled with this estimate. The facilities installed or removed by the Company shall be the property of the Company and any payment by customer shall not entitle customer to any ownership interest or right therein. The undersigned hereby requests and authorizes Northern States Power Company, d/b/a Xeel Energy to do the work described above, and in consideration thereof, agrees to pay In accordance with the following terms: ($ 280,000.00 ) Credit Approval I Two hundred eighty thousand dollars and 00/100 dollars -----------"--------------. Collected as per CRFS "surcharge" meThod as approved by city'counCiI Receipt of the above amount hereby acknowledged on behaif of Xcel Energy by XCEL ENERGY Customer City of Richfield By Robert J Reinhardt By FOR XCEL ENERGY USE Xeel Rep. mhr01 Xeel Energy Proj. No Design 227571 Const. $ Rem.$ Maint.$ Oper.$ Transf.$ Total $ Northern States Power Company, a Minnesota Corporation City Requested Special Facilities Surcharge (CRFS) City of Richfield Residential 15,493 $1.00 16.0 $247,888 Res Low Income 213 $1.00 16.0 $3,408 Small C&I NO 724 $1.00 16.0 $11,584 Small C&I 380 $3.00 16.0 $18,240 LargeC&1 (Over 1 MW) 4 $4.00 16.0 $256 Street Lighting 49 $1.00 16.0 $784 Sm Mun Pump NO. 4 $1.00 16.0 $64 Small Mun Pump 2 $3.00 16.0 $96 Large Mun Pump 0 $4.00 16.0 $0 Total Carrying Charges included in recovery ainount(2) Allowable Class Surcharge Levels per Month Under CRSF Tariff Residential: $1.00 up to $4.50 Low Income Residential: $1.00 Small C&I Non-Dmd: $1.00 up to $4.50 SmaIlC&I- Demand: 3Times Residential Amount Large C&I - Demand: 4 Times Residential Amount (1) Adjustment possible in final months of recovery period for more precise cost recovery. (2) Monthly carrying charge of 0.9983% applies to outstanding balance, equal to compounded rate based on 8.81% overall rate ofretum from the last general rate case (2005) and 3.85% tax factor. xcel recovery.xls SumV SVH 3/3/2008 3:27 PM AGENDA SECTION: AGENDA ITEM # REpORT # RESOLUTIONS 8 70 ...... STAFF REpORT RICHFIELD CITY COUNCIL MEETING MARCH 11,2008 REpORT PREPARED By: KRISTIN ASHER, ASSISTANT CITY ENGINEER NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: Et DEPARTMENT DIRECTOR REVIEW: ~ ITEM FOR COUNCIL CONSIDERATION: Consideration of private utility undergrounding within the project limits of the 76th Street Bridge over 35W Bridge Reconstruction Project. 1. RECOMMENDED ACTION: By Motion: Adopt the attached resolution directing Xcel Energy to underground their utility lines within the 76th Street Bridge over 35W Reconstruction Project limits and supporting their legal right to recover costs throuah a surcharae to the City's ratepayers. I II. BACKGROUND I The City Council has identified undergrounding of private utilities within the City's right-of-way as a goal for the major roadways within Richfield. . Xcel Energy has provided the City with a cost estimate which defines the difference between relocating their facilities overhead to overhead to underground to be $339,321 within the project limits. The Minnesota Department of Transportation (Mn/DOT) has agreed to pay $294,117 of the costs, leaving the unpaid difference at $45,204. In the past, Xcel Energy has utilized their tariff which allows them to recover undergrounding fees from the City's ratepayers through the use of a special facility recovery mechanism. The attached resolution is provided if the Council chooses to 0311 Xcel76th direct Xcel Energy to underground their utilities and utilize the surcharge mechanism. The Council has the option to pay directly for the undergrounding which would prevent Xcel Energy from utilizing their special facility recovery mechanism. However, no provision has been made for the $45,204 estimated cost within the project budget or the City's 2008 General Fund budget. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The City Council has identified undergrounding of public utilities in the right of way as a goal in the City's Comprehensive Plan (Goal 16 - 1997 Comprehensive Plan). I B. CRITICAL ISSUES I . The Minnesota Department of Transportation (Mn/DOT) has advertised for the bridge replacement project and would like to have the utility undergrounding taken care of in a timely manner. . The City has worked with Mn/DOT to direct Xcel Energy to have their utilities put underground as part of the bridge replacement project. I C. FINANCIAL I . The estimated cost difference between relocating the poles and putting Xcel's facilities underground is $45,204. . Xcel Energy has the legal right to recover costs via a surcharge to City ratepayers. The $45,204 cost can be recovered in 3 months time using the same rates as in the past ($1/month/residential meter). I D. LEGAL I . The City Attorney has been working with staff on the utility undergrounding process. I IV. ALTERNATIVE RECOMMENDATION(S) I . The Council may decide to pay for the undergrounding rather than have Xcel Energy recover their costs through the ratepayers. I v. ATTACHMENTS I . Resolution Directing Xcel Energy to Underground Overhead Utilities . Xcel Energy's Statement of Work Requested I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None 3~-{ RESOLUTION NO. RESOLUTION DIRECTING XCEL ENERGY TO UNDERGROUND OVERHEAD UTILITIES ALONG 76TH STREET BETWEEN HUMBOLDT AVENUE SOUTH AND KNOX AVENUE WHEREAS, in 2008 roadway and boulevard improvements will be completed on 76th Street between Humboldt Avenue and Knox Avenue as part of the Minnesota Department of Transportation's 76th Street Bridge Replacement Project to provide for improved traffic safety; and WHEREAS, the City seeks to improve safety and aesthetics along 76th Street by directing Xcel Energy to underground it's electric utility facilities along 76th Street; and WHEREAS, Xcel Energy will not agree to place its facilities underground on this project unless it recovers through a surcharge on customers within the City the additional costs it will incur because of the undergrounding of facilities; and WHEREAS, the City is in receipt of a Estimated Cost Summary for the requested work dated January21, 2008, outlining the estimated cost of the requested undergrounding. NOW, THEREFORE, BE IT RESOLVED by the City Council that: 1. Xcel Energy is hereby requested and directed to relocate its overhead facilities underground along 76th Street between Humboldt Avenue South. and KnoxAvenue. 2. The City agrees that it will not oppose a surcharge on customers of Xcel located within the City. The amount shall be Xcel's necessary, actual, and reasonably incurred costs of undergrounding less the costs Xcel would have incurred through relocation of its overhead lines along the project site because of the 76th Street Bridge Replacement Project. ( 3. The City does not waive its right to verify, by legal means available to it, that the amount of the surcharge is necessary, actual and reasonable cost incurred. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of March, 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk tl Xcel Energy'" ~/ J... Statement of Work Requested January 21, 2008 MN /DOT & City of Richfield EXHIBIT A 76th St Bridge over 35W 1415 76th St W Richfield,:MN 55423 CONSISTING OF: Preliminary Agreement to pay Actual Cost of Project after Construction Completion: Estimated cost of replacing the existing overhead electric lines that run from Knox Ave S on the South side of 76th St W to Girard Ave S. with an underground system. . Here is the Estimated cost summary: New Underground System - Design# 0000217936 $316,993.00 (This estimate is based on the directional boring installation of 2000 feyt of 1000 mcm primary cable, 175' feet of#2AL primary cable. Trenching 50 feet of 3-phase1/0 and 50 feet of#2al Installing (3) Switching . Cabinets, (3) new power poles, (3)1-php~dmount transformers and other misc. materials. ) Overhead Removal charges +$ 17,328.00 . Relocation Estimate Design# 0000227158 ( $ 134,649.00) Estimated Permit Costs: Richfield,:MN /DOT + $ 5;000.00 Estimate of Total Due to Xcel Energy: $339,321.00 MN/DOTpayment $294,117.00 $;~~~~~~i~f:;;~sli!~gle1:~Wi}tm~PibR;!~ -$fj~W2nJ;"QJj};,,',;. Once this project is field complete Xcel energy will issue a fmal billing based on our actual costs incurred to (1) replace the existing overhead facilities with underground facilities and remove all overhead facilities; providing credits for equipment brought back into inventory . DATE: WORK REQUESTED BY WORK TO BE AT ADDRESS The facilities installed or removed by the Company shall be the property of the Company and any payment by customer shall no1: entitle customer to any ownership interest or right therein. The undersigned hereby requests and authorizes N orthem States Power Company, d/b/a Xcel Energy to do the work described above, and in consideration thereof, agrees to pay Three hundred thirty-nine thousand three hundred twenty-one and XX/lOO in accordance with the following terms: PAYMENT OF AMOUNT DUE AFTER RECEIVING INVOICE OF ACTUAL BILLING ($ 339,321.00 I Credit Approval ) I Receipt of the above amount hereby acknowledged on behalfofXcel Energy by XCEL ENERGY Customer MN /DOT & City of Richfield EXHIBIT A By By FOR XCEL ENERGY USE Xcel Energy Rep. Gregg Wenzel Division 17 Const. $ 339.321.00 Rem. $ Maint. $ Xcel Energy Proj. No. WO# Ooer. $ T ransf. $ Total $ 339.321.00 Form 17-7012 (6-01) Original- Division Accounting Copy - Customer Copy - Division Distribution Engineering AGENDA SECTION: AGENDA ITEM # REpORT # RESOT.TITTONS 9 71 ...... STAFF REpORT RICHFIELD CITY COUNCIL MEETING MARCH 11, 2008 REpORT PREPARED By: CHRIS REGIS, FINANCE MANAGER NAME, TITLE COUNCIL PRESENTER: ,i- REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Approval of a resolution amending the allocation ofthe 2007 General Fund Budget I. RECOMMENDED ACTION: By Motion: Approve the resolution amending the 2007 General Fund Budget by authorization of a transfer of appropriations from the Legislative/Executive Department, Administrative Services Department and Community Development Department to the Public Safety Department and Fire Department. I II. BACKGROUND I Overall, the 2007 City General Fund will reflect a net surplus of approximately $71,000, which will be added to the fund balance of the General Fund. Collectively the General Fund departments under spent the total City expenditure budgets by approximately $87 ,000. However, while the overall General Fund budget was under spent, there were two departments that exceeded their 2007 budgets. Consequently, adjustments must now be made from department to department to ensure that each department ends the budget year with a positive balance. 1. The Public Safety Department's budget for 2007 exceeds the adopted appropriation by approximately $24,000 or .31 %. There are several causes for the department to exceed budget. . Increased full and part-time personnel costs of $20,785 due to staffing increases and changes associated with the increased emphasis on the property maintenance program. The staffing hours to accomplish the aggressive proactive City wide property inspection along with stepped up 0311 BudgetAllocAmend "' response to reported violations required more staff time than first anticipated. . Within the Police Operations division, the division realized the following increased costs in 2007: . Increase in Personnel Services of $2,004. . Increased Motor Pool operating costs of $24,073. . Increased Professional Development costs of $4,206. . Increased Hennepin County detention costs of $4,386. 2. The Fire Department's budget for 2007 exceeds the adopted appropriation by approximately $77,000 or 2.74%. The cause of the department exceeding it's 2007 budget appropriation is due to the following: . Increased benefit accrual costs in 2007. . An increase in overtime costs to maintain minimum six man staffing levels due to injury or absences of firefighters. Therefore, after the compilation of the 2007 Revised Budget, the expenditures of the Public Safety Department and Fire Department have exceeded the appropriation contained in the 2007 Revised Budget, resulting in both department's total 2007 expenditures to exceed appropriations by approximately $24,000 and 77,000 respectively. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The City Charter provides that the City Council must appropriate monies for operations of the City on a departmental level basis. . During the course of the year, the City Council amends the operating budget and it is referred to as the Revised Budget. I B. CRITICAL ISSUES . N/A I C. FINANCIAL I . The amount exceeding budget for the Public Safety Department is approximately $77,000. . The amount exceeding budget for the Fire Department is approximately $24,000 . City staff is recommending that the 2007 Revised Budget be allocated between the following departments and divisions in order to balance all City departments: INCREASED BUDGETED EXPENDITURES Public Safety Support Services Division Police Operations Division Fire Fire Services Division Total $15,000 $12,000 $80,000 $107,000 DECREASE BUDGETED EXPENDITURES Legislative/Executive Legal Division Administrative Services Administration Division Total Net Change to General Fund Budget $52,000 $55,000 $107,000 $ 0 1 D. LEGAL I . City Charter provides that the City Council must appropriate funds at the department level of spending. I IV. ALTERNATIVE RECOMMENDATION(S) I . The transfer does not affect the annual General Fund Budget; instead it provides that no department end the fiscal year overspent. I V. ATTACHMENTS I . Resolution authorizing revision of 2007 budgets of various departments. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None C]-I RESOLUTION NO RESOLUTION AUTHORIZING REVISION OF 2007 BUDGETS OF VARIOUS DEPARTMENTS WHEREAS, Resolution No. 9866 appropriated funds for personal services, other services and charges, supplies and capital outlays for each department of the City for the year 2007; and WHEREAS, Resolution No. 10031 authorized revision of the 2007 of budget various departments; and WHEREAS, the City Manager has requested a revision of the 2007 budget appropriations in accordance with charter provisions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, MN as follows: SUMMARY INCREASE BUDGETED EXPENDITURES Public Safety Support Services Division Police Operations Division Fire Fire Services Division Total $ 15,000 $ 12,000 $ 80,000 $107,000 DECREASE BUDGETED EXPENDITURES Legislative/Executive Department: Legal Division Administrative Services Department Administration Division Total $ 52,000 $ 55,000 $107,000 Net Change to General Fund Budget $ -0- Passed by the City Council of the City of Richfield, MN. this 11th day of March, 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REpORT # OTHER BUSINESS 10 72 ...... STAFF REpORT RICHFIELD CITY COUNCIL MEETING MARCH 11, 2008 REpORT PREPARED By: THOMAS FOLEY, TRANSPORTATION ENGINEER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: (2( REVIEWED By CITY MANAGER: if ITEM FOR COUNCIL CONSIDERATION: Consideration of modifications to the Transportation Commission's Bylaws. I. RECOMMENDED ACTION: By Motion: Approve modifications to the Transportation Commission's Bylaws. . I II. BACKGROUND I The Transportation Commission evoJved from the 35W/494 Ad Hoc Traffic Committee that was formed in the late 1980's. The Committee had three Planning Commissioners, three Community Services Commissioners and three citizens appointed at-large by the City Council. The Committee disbanded in 1996 after environmental impact statements were completed for reconstruction projects on both 1-35W and 1-494. A new Transportation Committee was formed in 2003. The need for bylaws led the Council to have the Committee transformed into a permanent Advisory Commission in 2005. City staff patterned the new Commission's Bylaws after the Planning Commission's. The Transportation Commission's Bylaws are attached. 0311 Transportation Bylaws The Transportation Commission has members who act as liaisons from the Planning Commission and the Community Services Commission. By definition liaisons function as intermediaries to promote communication between groups who work together. . At the January 8,2008 Council work session, some Council members asked thatall the advisory commissions' bylaws be consistent with one another on the issue of whether or not liaisons should have a vote. Attached is the 2007 attendance records of the Richfield Advisory Commissions regarding liaisons. I III. BASIS OF RECOMMENDATION I A. POLICY . The City as a policy uses advisory commissions as a vehicle to obtain public involvement in City decision-making. I B. CRITICAL ISSUES I . A concern for consistency among the procedures governing various advisory commissions has been expressed by some Council members. I C. FINANCIAL . N/A I D. LEGAL I . The City Attorney will be available at the Council meeting to answer any legal questions on this matter. I IV. ALTERNATIVE RECOMMENDATION(S) I . Council can choose to not alter the Bylaws of the Transportation Commission. I V. ATTACHMENTS I . Transportation Commission Bylaws as adopted April 12, 2005. . Liaisons for AdvisorY Commissions and their attendance at meetings in 2007. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None anticipated Ib-f The following Bylaws and Rules of procedure are adopted by the City's Transportation Commission to facilitate the performance of its duties and functions as authorized by the City Council. Section 1. Commission Responsibilities The Commission will be responsible for making recommendations to the Council on transportation planning induding: . Encouraging citizen involvement in the Commission's work; . Reviewing policy plans on the state, regional or city level; . Conducting transportation studies; and, . Overseeing the planning of transportation projects. The Commission will be charged to recommend transportation capital improvements and prepare reports to Council on other related topics that the Council refers to the Commission. Section 1. Regular Meetings Regular meetings of the Transportation Commission shall be on the second Wednesday of each month commencing at 7:00 P.M. in the Council Chambers of the City Hall and the meeting day may be adjusted for the convenience of the members. Section 2. Special Meetings Special meetings of the Transportation Commission can be called by the Chairperson and one member or by three members of the Commission or at the request of the City Council. Notice, designating the time and place of the meetings, shall be given to all members not less than twenty-four (24) hours in advance thereof. Section 3. Open Meeting Law All meetings of the Transportation Commission must be noticed and held in compliance with the Minnesota Open Meeting Law. Section 4. Deadline for Hearing Items The Transportation Commission will accept all requests to be heard before it, no later than ten (10) working days preceding the regular Transportation Commission meeting. Section 5. Quorum -1- 10'- d- Adopted April 12, 2005 Six members of the Transportation Commission shall constitute a quorum for the transaction of business. No action shall be taken in the absence of a quorum with the exception that the Transportation Commission members present may take testimony for use at a later meeting at which a quorum is present, and may adjourn a meeting to a later time without further notice. Section 6. Votina At all meetings of the Transportation Commission, each member attending shall be entitled to cast one vote. Voting shall be by voice. An affirmative vote of a majority of members present or four members, whichever is greater, shall be necessary for the passage of any matter before the Transportation Commission, except as otherwise provided in these Bylaws. The council liaisons to the Commission are ex-officio and do not cast a vote. Section 7. Proceedinas a) Format of MeetinQ At a regular meeting of the Transportation Commission, the following format shall be followed in conducting the business of the meeting. 1) City staff will note the attendance . 2) Review and Approve Agenda 3) Approval of Minutes 3) Regular Business and Public Hearing Items 4) Updates 5) Future Agenda Items 6) Upcoming Meetings 7) Other Business 8) Adjournment b) Public HearinQ The purpose of a hearing is to collect information and facts in order for the Commission to develop a recommendation for the City Council. At a public hearing the following procedure shall be followed for each case for which a public hearing is held: . 1) Chair shall state the issue to be heard. 2) Chair shall call upon the City staff to present the staff report. 3) Members of the Transportation Commission shall be allowed to question the staff report proposal.. 4) Interested persons may address the Commission, giving relevant information regarding the proposal before the Commission. a) All questions or statements by Richfield staff personnel, Transportation Commission -2- Adopted April 12, 2005 members, applicants or interested citizens will be directed through the Chair. b) All who wish to speak will be heard, but only in accordance with the above procedure and after recognition by the Chair. c) No individual may speak longer than five (5) minutes, except through previous arrangement with the Chair, or by vote of the Commission. d) The spokesperson for a group will be allowed ten (10) minutes. e) In addition to the statements by individual or groups, there will be a period, not to exceed thirty (30) minutes, during which the public may question the City's staff members present, the applicant or their representatives or any member of the Transportation Commission. Questions must be directed through the Chair. 6) The hearing shall be closed. Interested persons shall notbe heard again unless the hearing is reopened by a majority vote of the Commission. 7) The Commission shall discuss and clarify the item before it, and take action on it. 8) Any decision of the Commission on the merits of any question before it shall be embodied in the form of a motion, resolution, or report, and referred to the City Councilor city staff for action. c) Rules of Procedure At all regular m~etings of the Transportation Commission where formal action is required on a matter before the Commission, the meetings shall be governed by the latest printed edition of "Sturgis Standard Code of Parliamentary Procedure." At general meetings of the Transportation Commission no formal parliamentary procedure shall govern the conduct of the proceedings unless found to be necessary such as when a formal motion is before the Commission. 1D.<3 Section 1. Membership The Commission will consist of 11 members. The City Council will appoint nine members. The Community Services Commission and Planning Commission will each appoint one member from their respective commissions to serve as members of the Commission and as liaisons to their respective commissions. -3- Adopted April 12, 2005 To be eligible for appointment, a person must be a resident or owner/manager of a business in Richfield and must have an interest in diverse transportation or environmental issues. It is desirable that each Council Ward be represented by three residents or owner/managers of businesses. No more than two members of the Commission may be non-resident business owner/managers. Jo- ~ A seat on the Commission is deemed vacated upon any of the following: (a) death; (b) failure to attend three (3) consecutive regular meetings of the Commission without an excused absence; (c) removal of legal residence in the City or as owner/manager of a business in Richfield; (d) resignation in writing presented to the Mayor; (e) removal by the appointing authority; or (f) election or appointment to a public office. An absence is excused if a member provides advance notice to the city staff or the Chair that the member cannot attend a meeting. Section 4. Council Liaisons. In addition to the designated number of members to serve on the Commission, each January, the City Council shall designate a Council Member as liaison and a second Council Member as alternative liaison to this Commission. Section 5. Election of Officers At the first regular meeting in April of each year, the Commission shall hold an organizational meeting and elect from its membership a Chairperson, and Vice-chairperson. Each member shall cast a ballot for the member he/she wishes to be elected Chairperson. If no one receives a majority of all the members of the Commission, balloting shall continue until one member receives majority support. Vice-chairperson shall be elected from the remaining members by the same procedure. If the Chairperson resigns from office before the next regular organization meeting, the Vice-chairperson shall automatically -4- /0--5 . Adopted April 12, 2005 become acting Chairperson. In any instance where an officer of the Commission resigns or retires from office, a new officer shall be elected to the vacated position at the next regular meeting of the Commission. If the Chairperson and Vice-chairperson are absent from a meeting, the Commission shall elect a temporary Chairperson by voice vote. Section 3. Tenure The Chairperson, and Vice-chairperson shall take office immediately following their election and hold office until their successors are elected and assume office. Election of officers will occur annually at the April meeting of the Commission. Section 4. Duties of Officers The duties and powers of the officers of the Transportation Commission shall be as follows: a) Chairperson 1) Presides over all meetings of the Commission. 2) Appoints sub-Commissions and performs such other duties as may be ordered by the Commission. 3) Signs documents of the Commission. 4) Sees that all actions of the Commission are properly taken. 5) Calls special meetings of th~ Commission in accordance with these Bylaws. 6) Works with appropriate city staff in organizing agendas of all general Transportation Commission meetings. b) Vice-chairperson Performs all of the duties and responsibilities of the Chairperson in his/her absence. c) City Public Works Staff 1) Keeps the minutes of the meetings of the Commission in an appropriate minute book. 2) Maintains all minutes of the Commission as well as other official documents of the Commission. -5- 10 - Cp Section 1. Suspension of Rules The Commission may suspend any of these Rules by a 2/3 vote of those members present. Section 2. Amendments These Rules may be .amended at any regular meeting by a 2/3 majority of the members of the Commission, provided that the amendment was presented and written into the minutes of a previous meeting. Section 3. Review The contents of these Bylaws and Rules of procedure should be comprehensively reviewed, evaluated, and modified where necessary, at the organization meeting held in April of each year. Adopted this 12th day of April, 2005 by the City Council of the City of Richfield. Mayor Martin J. Kirsch City of Richfield \\RI-FSl \PUBWKS$\Pub W orks\ TRANSP\ Transportation Committee\Bylaws 04-12-05.doc -6- J 0- /7 Liaisons for Advisory Commissions and Their Attendance at meetings in 2007 The following liaison attendance list for 2007 is based on the information that Theresa Schyma, Assistant City Clerk, received from each commission. Arts Commission - No liaisons Advisory Board of Health - No liaisons Celebrations Commission - No liaisons Civil Service Commission - No liaisons Commuriity Services Commission - Non-voting liaison - Rick Jabs (Planning Commission), attended 9 of 10 meetings Friendship City Commission - No liaisons Human Rights Commission - No liaisons Planning Commission - Non-voting liaison - Joe Springer (Community Services Commission), attended 3 of 9 meetings Transportation Commission - VOTING liaison - Gary Ness (Community Services Commission), attended 8 of 11 meetings & VOTING liaison - Maureen Scaglia (Planning Commission), attended 8 of 11 meetings