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08-12-08 agendaCITY OF RICHFIELD, MINNESOTA TUESDAY, AUGUST 12, 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 Concurrent City Council/Richfield School Board Meeting of July 14, 2008 and (2) Regular City Council Meeting of July 22, 2008 PRESENTATIONS 1. Recognition of Richfield Middle School Girls Softball Team on their second State championship 2. Recognition of donation from Morris Nilsen for Honoring All Veterans Memorial 3. Annual meeting with Civil Service Commission COUNCIL DISCUSSION 4. Council discussion • • Hats Off To Hometown Hits Notes: AGENDA APPROVAL 5. Council approval of agenda CONSENT CALENDAR 6. 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. 1411 items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of resolution appointing election judges for September 9, 2008 Primary Election and November 4, 2008 General Election S.R. No. 186 B. Consideration of approval of resolution authorizing agreement between Richfield Public Safety Department and Minnesota Department of Public Safety accepting grant funds to be used for payment of overtime for police officers involved in Safe & Sober Communities Program S.R. No. 187 C. Consideration of approval of resolution authorizing Richfield Public Safety Department to accept $13,131.45 (Citizen Corps grant) from Minnesota Department of Public Safety for Community Emergency Response Team program S.R. No. 188 D. Consideration of approval of resolution affirming and ratifying submittal of application to Minnesota Housing Finance Agency for Community Revitalization . Fund grant for New Home Program S.R. No. 189 E. Consideration of approval of contract providing Richfield police officer as Juvenile Investigator/School Liaison to School District 287 at South Education Center, 7540 Penn Avenue S.R. No. 190 F. Consideration of approval of Change Order No. 1 to Nodland Construction Company to include additional drainage outfall pipe for 73rd Street and First Avenue Storm Water Construction Project S.R. No. 191 G. Consideration of approval of hiring SRF Consulting Group, Inc. as consultant to perform Safe Routes to School study at cost of $49,403 S.R. No. 192 H. Consideration of approval of bid minutes/tabulation and purchasing new ice resurfacer at Richfield Ice Arena from Frank J. Zamboni Company in amount of $88,050 including sales tax S.R. No. 193 I. Consideration of approval of temporary wine and temporary on-sale 3.2 percent malt liquor licenses for annual Church of St. Richard Fun Festival on September 13, 2008 S.R. No. 194 Notes: 7. Consideration of items, if any, removed from Consent Calendar Notes: • • PUBLIC HEARINGS • 8. Public hearing regarding issuance of new on-sale intoxicating and Sunday liquor licenses with optional 2 a.m. closing for Don Pablo's Operating, LLC d/b/a Don Pablo's 980 West 78th Street Staff Report No. 195 Notes: 9. Public hearing regarding issuance of new on-sale intoxicating and Sunday liquor licenses with optional 2 a.m. closing for Richfield Hotel Associates d/b/a Ramada Inn, 7745 Lyndale Avenue Staff Report No. 196 Notes: 10. Public hearing regarding resolution approving issuance of bank qualified tax exempt . revenue notes by City of Hinckley with respect to financing and refinancing projects to be undertaken by Community Involvement Programs Staff Report No. 197 Notes: 11. Public hearing regarding resolution adopting special assessment roll for 2007 removal of diseased trees from private property Staff Report No. 198 Notes: 12. Public hearings regarding resolutions adopting special assessment rolls for 2007 maintenance services and resolutions ordering current 2009 maintenance services a. 77th Street maintenance Staff Report No. 199 • Notes: b. Lyndale/HUB/Nicollet maintenance Staff Report No. 200 Notes: 13. Public hearing regarding second reading of ordinance relating to building standards for residential dwellings within airport noise contour areas, amending Subsection 507.07 and Section 544 of Richfield City Code . Staff Report No. 201 Notes: PROPOSED ORDINANCES 14. Consideration of second reading of ordinance amendment to Richfield City Code Section 1325 regulating outdoor storage and parking of recreational vehicles and • resolution authorizing summary publication of ordinance Staff Report No. 202 Notes: 15. Consideration of second reading of ordinance amendment to Richfield City Code Subsections 930.01, 930.03, 930.05, 930.11 and 930.13 relating to regulation of noise and resolution authorizing summary publication of ordinance Staff Report No. 203 Notes: 16. Consideration of resolution and first reading of ordinance establishing one-year moratorium on development of certain properties in Penn Avenue Corridor between Highway 62 and 68th Street and scheduling second reading for September 11, 2008 • Staff Report No. 204 Notes: • • i OTHER BUSINESS 17. Consideration of providing staff direction for continuation of Police/Fire/City Hall facility project and authorizing City Manager to proceed with contract for architectural services for construction of new facility Staff Report No. 205 Notes: CITY MANAGER'S REPORT 18. City Manager's report Notes: 19. 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: 20. 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. • C AGENDA SECTION: CONSENT AGENDA ITEM # GA REPORT # 186 • • STAFF REPORT CITY COUNCIL MEETING AUGUST 12, 2008 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: NANCY GIBBS, CITY CLERK NAME, 77TLE ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution appointing election judges for the September 9, 2008 Prima Election and the November 4, 2008 General Election. I. RECOMMENDED ACTION: By Motion: Adopt the resolution appointing election judges for the September 9, 2008 Primary Election and the November 4, 2008 General Election. II. BACKGROUND Minnesota Statute 2046.21 Subd. 2 provides that election judges for. precincts in a municipality shall be appointed by the governing body of the municipality and that the appointments be made at least 25 days before the election at which the election judges will serve. The City Clerk's office has completed updating and verifying the City's election judge availability list. All individuals who have previously served as an election judge, were on the list submitted to the County Auditor by the major political parties, or have expressed an interest in serving as an election judge were sent a questionnaire to: • 1. Determine whether or not they wished to remain on the election.judge availability list. 2. Verify existing file information regarding address, political party, etc. 3. Receive an indication of availability to work at the 2008 scheduled elections. 0812Appointi ng ElectionJudges • The attached resolution contains the names of all of the individuals on the .updated election judge availability list. Appointment by the City Council will allow them to serve as election judges at the Primary Election, the General Election or both • elections. Election judges will be assigned to the precincts based on availability, party balance, and the number required for each election. The General Election will require assignment of the greatest number of available judges. III. BASIS OF RECOMMENDATION A. POLICY • The City Council is required by State Statute to make election judge appointments at least 25 days prior to the election. • The proposed resolution contains names of those qualified individuals who have indicated a willingness and ability to serve as an election judge for the September 9, 2008 Primary Election and the November 4, 2008 General Election. B. CRITICAL ISSUES • If the City Council does not appoint election judges, the conduct of the election would not be valid. C. FINANCIAL • N/A • D. LEGAL • Compliance with Minnesota Statute 2046.21, Subd. 2. The Primary Election will be conducted on Tuesday, September 9, 2008 and the General Election will be conducted on Tuesday, November 4, 2008. Therefore, the City Council must appoint election judges to serve at these elections. The names come from a list of people who have indicated their interest in serving as an election judge to the County Auditor pursuant to the provisions of M.S. 2046.21 Subd. 1 and those who have previously served or indicated interest in serving. E. ENVIRONMENTAL CONSIDERATIONS • N/A/ IV. ALTERNATIVE RECOMMENDATION~S~ • The City Council could chose to appoint others who are not named in the resolution. V. ATTACHMENTS • Resolution. . VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None • • RESOLUTION NO. l~~ ~~ RESOLUTION APPOINTING ELECTION JUDGES FOR THE STATE PRIMARY ELECTION OF SEPTEMBER 9, 2008 AND THE GENERAL ELECTION OF S NOVEMBER 4, 2008 WHEREAS, a State Primary Election. will be held on Tuesday, September 9, 2008 and a General Election will be held on Tuesday, November 4, 2008. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, that the following are hereby appointed as judges for said elections: James Alagna Tanya Alsip Robert Amundson William Andersen Janis Anderson Belen Andrada Marietta Andrada Delores Armstrong Mary Ann Ashmead Carol Athey James Atkins Cheryl Avenson Pat Bailey Thomas Ballinger Joan Bargman Charles Bauer Jr. Corliss Becker Ruth Bennett Brad. Benson Mitchell Berg Robert Berge Marlys Bergstrom Ella Bert Marilyn Birkelo Thomas Birkelo David Bodin .Robert Boehlke Andrew Boeke Mary Boespflug Reed Bornholdt Louise Bouta Ellen Brandon Gail Brinkman Hazel Burnside Marjorie Cain Angela Carlson Jan Carroll Ellen Clements Stanley Cromer Ellen Cutter David Dahl Marie Dallager Elizabeth Dawson Emily Day Sandra Decker Gladys Denesen Joanne Dentinger Delrose Desrosier Marguerite Dozois Cindy Dubansky Denise Eckerman Dee Ann Edlund Liz Ekholm Betty Elenbaas • Linda Elsen Margaret Erickson Susanne Erickson Mary Jo Fadell Angie Faison Denise Famodu Donna Fischer Sheila Fitzgerald Sharon Flick Jette Floberg Beatrice Frankus Angela Gallant Timothy Gallant Rosemary Gardner Nancy Garwick Kathy Gesler Nancy Gibbs Dennis Gillespie Earlene Goalen Mary Gover Patricia Grahn James Grant Rebecca Guarino Roger Guarino Betty Gustafson Dorothy Haffely Earl Hagen Robert Hall Char Hanson Leonard ,Hardie Adrienne Hayes Diane Healey Linda Heaner .Jackie Heinen Gertrude Herll Mae Hermansen Gordon Herrboldt Linda Hinz Oliver Hoffman Ilene Holen JoAnn Holt Jeanette Holter John Holter JeNee Honnigford .Nancy Hoon Marion Horning Donald Houlding Bob Houlton Molly Illes Kevin Johnson Robert Johnson Sita Johnson Janell Joyner Elaine Kaibel Kalla Kalloway Betty Kamps Danette Kamrath Thomas Keegan Olga Kelash Laura Kelnhofer Bev Kenealey Nancy Kerr Claire Killian Nancy Kilpeck June King Elisabeth Kingdon Erica Klein Donna Knesting Barbara Knoll Rosemary Koelln Joseph Kovach Lois Kovach Joan Kraft Brian Kroulik Kathleen Kurtz Bernadette Lais Kathie Lane Ronald Lerom Susan Lewis Nancy Lindberg Cherill Lindquist Jeanette Lofstrom Lester Loney Jeanne Loomis Dorothy Lowe Don Ludwig Eleanor Maanum Aleta Macon Abelardo Malicsi Cynthia Mandl • • • • - ~~_ a Karen Marso M. Thomas Marso David Martin Norma Martin Paul Matuschek Andrew May Eric Mayo Karin McComb Patrick McFadden Sandy Menning Alice Monsen Lee Monssen Richard Morey Carol Mortenson Philip Mortenson Isabelle Moulinier Eileen Muelken Don Mueller Peggy Mullick Tom Murphy Geraldine Nachicas Helen Nachicas Ivar Natins Jeffrey Nelson Kay Nelson Linda Nemitz James Niemackl Thomas Niemackl Cindy Norland David Nyholm Jan Nyholm Karen Nyvall Joy O'Brien Julia O'Sullivan Martha Obenchain Brad Obert Marlene Odegard Chris Okey Joan Olinger Mary Olson Robert Olson Lois Omlie Fern Oreck Mark Pafiolis Jeannine Pafko Ruth Pafko Betty Pedric Joe Pedric Bette Peltola Paul Perkal Monica Petrov Francis Ploog Martha Prottengeier Diane Rappe Thomas Rappe Theresa Redington Julie Remarcik Carolyn Ring Harriet Ring Ward Ring Donna Roe Paul. Roe Jeff Rundgren Jeet Sausen Donald Sayler Phil Schaffer Sandy Schmidt Harald Schoubye Margaret Schow Judith Schultz Theresa Schyma Andrew Seffrood Kelly Shroyer Eric Smith Julie Smith Margaret Smith William Snyder Marlys Solt Becky Spitzack Jim Spitzack Erin Stertz-Follett Michael Stone Jason Stroth Catherine Sullivan Bill Swanson Roger Swanson Michele Swarbrick Jean Swenson Ed Thom Myrtle Thom Doris Thorson Claire Todd Pat Toney Gertrude Ulrich Phyllis Unger Beatrice Van Liew Marinda Vandekieft James Versteeg Kenneth Vevea Linda Vigen Denise Walter Nancy Weinacht Pearl Weitbrecht Bob Wells Elaine Wetsch DePaul Willette Susan Williams Jane Winberg Genevieve Wodnick Joan Wold Shirley Wold Judy Wood Marian Woolery Dorothy Wulf Twila Wysocki Betty Young Janelle Zeinelabdin PASSED by the City Council of the City of Richfield, Minnesota this 12th day of August, 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • • • • ~~ STAFF REPORT CONSENT 6B 187 CITY COUNCIL MEETING AUGUST 12, 2008 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: AGENDA SECTION: AGENDA ITEM # REPORT # NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution regarding an agreement between the Minnesota Department of Public Safety and the, City of Richfield, Public Safety Department, pertaining to the Safe & Sober' Pro ram. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution approving an agreement between the Richfield Public Safety Department and the Minnesota Department of Public Safety authorizing the acceptance of grant funds to be used for the payment of overtime for police officers involved in the Safe & Sober Program. II. BACKGROUND Edina, Airport and Richfield Police Departments submitted a joint grant application to the State for funds that were to be utilized for enhanced traffic enforcement during the upcoming year. They have been jointly awarded $48,000 and plan on scheduling joint enforcement campaigns. III. BASIS OF RECOMMENDATION A. POLICY • The State requires that the City approve a resolution accepting the funds prior to their issuance. MIKE KOOB, POLICE LIEUTENANT 0812 Resolution Accepting Safe & Sober Grant Funds • • • B. CRITICAL ISSUES • The Resolution needs to be signed by all three agencies' City Councils before the release of funds to the police departments. • Traffic law enforcement is a critical function of the police division. Approval of the resolution makes available funds to cover the costs associated with focusing on this area. C. FINANCIAL • The overtime paid to officers will come from the Grant funds. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A/ IV. ALTERNATIVE RECOMMENDATION(S~ • Council could disapprove the resolution, which would void the agreement. V. ATTACHMENTS • Resolution number VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None • • ~6-- I RESOLUTION NO. . RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF RICHFIELD/POLICE AND THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY TO APPROVE GRANT FUNDS TO BE SHARED BY RICHFIELD, EDINA AND AIRPORT POLICE AS PART OF THE SAFE & SOBER COMMUNITITES PROGRAM WHEREAS, the Governor has designated the State of Minnesota, Office of Traffic Safety in the Minnesota Department of Public Safety (hereinafter called the STATE) as the agency responsible for administration of a project entitled Safe & Sober Communities; and WHEREAS, the STATE is authorized to make contracts from state funds to qualified applicants; and WHEREAS, the City of Richfield, Public Safety Department (hereinafter called the GRANTEE), is authorized to accept state funds for overtime for traffic enforcement programs; and WHEREAS, GRANTEE represents that it is duly qualified and will to carry out the tasks described above NOW, THEREFORE, BE IT RESOLVED that the City of Richfield enter into a cooperative agreement with the Office of Traffic Safety in the State of Minnesota • Department of Public Safety for the project entitled Safe & Sober Communities. Steven Devich, City Manager, and Barry Fritz, Acting Public Safety Director, are hereby authorized to execute such agreements as are necessary to implement the project on behalf of the City of Richfield, Department of Public Safety. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of August 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk U ~1 L~ C7 ~ 1 i~J ~' STAFF REPORT AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING AUGUST 12, 2008 C] • REPORT PREPARED BY: JAY HENTHORNE, POLICE LIEUTENANT NAME, TITLE DEPARTMENT DIRECTOR REVIEW: GNATURE REVIEWED BY CITY MANAGER: , CONSENT 6G 188 ITEM FOR COUNCIL CONSIDERATION: Council approval of attached resolution authorizing Public Safety Department's acceptance of rant monies from the Minnesota De artment of Public Safet for $13,131.45. Recommended Action: By Motion: Approve the attached resolution allowing the Richfield Public Safety to accept $13,131.45 (Citizen Corps Grant) from the Minnesota Department of Public Safety for Community Emergency Res onse Team CERT ro ram. II. BACKGROUND The Public Safety. Department applied for a grant in the 2007 Citizen Corps grant program. The grant is for the creation and maintenance of a Community Emergency Response Team (CERT). Several surrounding communities have CERT teams in place to assist with disaster situations. CERT is a realistic approach to emergency and disaster situations where citizens may initially be on their own and their actions can make a difference. People naturally respond to others in need but without training, they can endanger themselves and worsen the situation. One goal of the CERT program is to help .teach individuals how to respond effectively and efficiently without placing themselves in unnecessary danger. The initial CERT Corps training will consist of approximately 20 to 30 community members. The program will focus on Emergency Preparedness, Fire Safety, First 0812 Resolution to Accept Community Emergency Response Team Grant • Aid, Search and Rescue, and Terrorism. Further CERT training will be conducted as volunteers are identified,. classes are scheduled, in house trainers are certified and other community partnerships are identified. III. BASIS OF RECOMMENDATION A. POLICY- • Public Safety does not accept financial support unless it is designated for a specific program that will affect the department as a whole • The grant money will be used to initially train and equip approximately 20 to 30 volunteer community members and trainers, in the philosophies of CERT. • The CERT program will be the starting point for other CERT programs; such as, Business, School, Teen, and neighborhood CERT teams. • Minnesota Statute 465.03 requires every acceptance of a grant or devise or real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council. • The Administrative Services Department issued a memo on November 9, 2004 requiring that all grants and restricted donations to Departments be received by resolution and by more than two-thirds majority of the City Council in accordance with Minnesota Statute 465.03. • B. CRITICAL ISSUES • The grant money will be used for a CERT program by Public Safety for training and equipping 20 to 30 volunteer community members, instructors and additional neighborhood CERT teams C. FINANCIAL • The total amount that Public Safety will receive is $13,131.95. D. LEGAL • N/A . E. ENVIRONMENTAL CONCERNS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Council could disapprove of the acceptance of the grant monies and the funds would have to be returned and the program canceled ~ V. ATTACHMENTS ~ n. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A • • T ~ _,' RESOLUTION NO. RESOLUTION AUTHORIZING THE RICHFIELD DEPARTMENT OF PUBLIC SAFETY TO ACCEPT A 2007 CITIZEN CORPS GRANT FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY, DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT WHEREAS, the Public Safety Department applied fora 2007 Citizen Corps Program Grant with the Minnesota Department of Public Safety, under the Community Emergency Response Team (CERT) component of the grant; and, WHEREAS, there is a need to train Public Safety and Citizen Corps components and emergent citizen volunteers who will advance all hazards emergency planning, mitigation, response and recovery efforts within their homes, families, neighborhoods and the City via CERT philosophy/policies/procedures WHEREAS, the funding of the. CERT program will provide training to CERT instructors from Police, Police Reserves, Police Explorers, Emergency Management, Firefighters, Neighborhood Watch, Richfield's Cultural Diversity Council and special populations groups; and, WHEREAS, approval and notification have been received that the grant will be in • the amount of $13,131.95; and, WHEREAS, the funds will allow Richfield to properly equip the CERT Team members and instructors with CERT Kits, CERT Field Guides, CERT communications equipment, CERT Search and Rescue equipment, CERT First Aid equipment and support items. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield/Department of Public Safety will enter into an agreement by contract with the ~MN Department of Public Safety, Division of Homeland Security and Emergency Management for the 2007 Citizen Corps grant program component Community Emergency Response Team (CERT), and accept the grant funds in the amount of $1.3,131.95. Steven Devich, City Manager, and Barry Fritz, Acting Public Safety Director, are hereby authorized to execute the necessary contract when submitted to implement the project on behalf of the City of Richfield, Department of Public Safety. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of August 2008. Debbie Goettel, Mayor i ATTEST: Nancy Gibbs, City Clerk • AGENDA SECTION: CONSENT AGENDA ITEM # (~D REPORT # 189 STAFF REPORT CITY COUNCIL MEETING AUGUST 12, 2008 • • REPORT PREPARED BY: KIRSTEN PARTENHEIMER, HOUSING SPECIALIST NAME, TITLE INTERIM DEPARTMENT DIRECTOR REVIEW: ® ,~"~ SIGNATURE REVIEWED BY CITY MANAGER: 0~ u ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution regarding affirming and ratifying submittal of a grant application to the Minnesota Housing Finance Agency for a Community Revitalization Fund grant for the "New Home Pro ram." I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution affirming and ratifying submittal of a grant application to the Minnesota Housing Finance Agency for a Community Revitalization Fund grant for the "New Home Program." II. BACKGROUND In order to enhance quality of life and foster strong communities, the Minnesota Housing Finance Agency (MHFA) finances and advances affordable housing opportunities for low and moderate income Minnesotans. The Community Revitalization Fund (CRV) is the umbrella name for a variety of MHFA's limited funding resources provided under one program. The goal of the CRV Program is to maintain and/or increase the supply of affordable, owner-occupied, single-family housing in neighborhoods and communities throughout Minnesota. Cities are eligible applicants for this program and funds may be used to address activities related to single-family, owner-occupied housing, such as acquisition of land, demolition. or financing to fill a funding gap. 081208 MHFA CRV Resolution r] On July 15, 2008 staff submitted a CRV application requesting $147,000 towards the construction of three new homes under the Housing and Redevelopment Authority's (HRA) "New Home Program". It is proposed that the HRA properties at 6704 Pleasant Avenue and 7316 Clinton Avenue (a double lot) be cleared and redeveloped into workforce housing and marketed towards households making 80% of the area median income or less. Additionally, at least one new home will be fully accessible and marketed to households with at least one physically disabled family member. III. BASIS OF RECOMMENDATION A. POLICY • It is appropriate to seek outside funding whenever possible. B. CRITICAL ISSUES • City Council resolution is required for CRV funding requests. The application requests funding to cover costs for second mortgages to three lower income households and for demolition and clearance. • Deferred Loan - $132,000 is requested to provide a second mortgage for three lower income households. • Grants - $15,000 is requested for demolition and site clearance. C. FINANCIAL • If funding is not awarded, the houses can be built utilizing the Housing and Redevelopment Fund. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • Green and/or sustainable building practices will be incorporated wherever applicable and financially feasible. IV. ALTERNATIVE RECOMMENDATION(S~ • Deny authorization and direct staff to withdraw the application. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A • ~.~- i RESOLUTION NO. RESOLUTION AFFIRMING AND RATIFYING CITY STAFF SUBMITTAL OF AN APPLICATION TO THE MINNESOTA HOUSING FINANCE AGENCY FOR A COMMUINITY REVITALIZATION FUND GRANT FOR THE "NEW HOME PROGRAM" WHEREAS, the City of Richfield (the "City") is a city located within Hennepin County and is therefore eligible to access Minnesota Housing Finance Agency (MHFA) for Community Revitalization Fund (CRV) funds; and, WHEREAS, the City has the institutional, managerial and financial capability to ensure adequate project administration; and, WHEREAS, the City certifies that it will comply with all applicable laws and regulations as stated in the contract agreements; and, NOW, THEREFORE BE IT RESOLVED that the City Council affirms and ratifies the submittal of an application to the MHFA on behalf of the City of Richfield and authorizes the Mayor and City Manager to execute such agreements as are necessary to implement the project on behalf of the applicant. Adopted by the City Council of the City of Richfield, Minnesota on this 12th day of August, 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk n 081208 MHFA CRV Resolution L J • AGENDA SECTION: AGENDA ITEM # REPORT # ~~' STAFF REPORT CITY COUNCIL MEETING AUGUST 12, 2008 REPORT PREPARED BY: JAY HENTHORNE, POLICE LIEUTENANT NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATU REVIEWED BY CITY r~ MANAGER: CONSENT 6E 190 ITEM FOR COUNCIL CONSIDERATION: Consideration of a contract to provide school liaison services for School District 287 at the new South Education Center, 7450 Penn Avenue. I. RECOMMENDED ACTION: By Motion: Approve the attached contract to provide a police officer as Juvenile Investigator/School Liaison to School District 287 at the new South Education Center, 7450 Penn Avenue. • II. BACKGROUND Officials from School District 287 approached the Richfield Public Safety Department inquiring about providing a police officer as a Juvenile Investigator/School Liaison officer to their campus at 7450 Penn Avenue for the 2008-2009 school year. The campus will have three different programs for students. These programs range from alternative to behavior programs. Public Safety staff and the School District met several times throughout the winter and determined that it would be feasible and beneficial for both the School District and Richfield Public Safety to have a school Liaison Officer on campus. Public Safety has adequate staffing to provide a school liaison officer to the campus. District 287 has several campuses similar to the new South Education 0812 School. Liaison Contract with District 287 ~ ~ LJ Center and they each have a school liaison officer assigned to them by the policing • jurisdiction. III. BASIS OF RECOMMENDATION A. POLICY • School District 287 wishes to enter into the contract for a school liaison officer position and build a partnership with the City. • Richfield Public Safety wishes to enter into a contract with the school district to provide the Juvenile Investigator/School Liaison services. • The contract has numerous conditions that must be met. • . The contract is similar to the contract that is in place with Richfield Public Schools to provide school liaison officers to both the middle and high schools. B. CRITICAL ISSUES • A notice must be given in writing to terminate the contract after January 2 and before August 30. The termination shall become effective 60 days after receipt of the notice.. • School District 287 is requesting that a school liaison officer be assigned in the building during the year. • The school programs at School District 287 operate on a 12-month basis. C. FINANCIAL . The Public Safety Department has developed a cost analysis for the _ school liaison officer position. This analysis factors in salary, benefits, and depreciation of a vehicle for the officer. The analysis shows that the cost of the position is $100,000 a year. • School District 287 has secured funding for the position. D. LEGAL • The City Attorney has reviewed past contracts with the Richfield Public Schools for school liaison services. E. ENVIIZONMENTAL CONCERNS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Do not sign the contract. School District 287 would then need to contact another law enforcement jurisdiction to provide school liaison services. V. ATTACHMENTS VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None t c ~ ~~~ I School liaison Officer Services Agreement Between the City of Richfield and Intermediate District 287 THIS AGREEMENT is made between the City of Richfield, 6700 Portland Ave., Richfield, MN 55423 and Intermediate District No. 287 ("School District"), 1820 Xenium Lane N., Plymouth, MN 55441. The City and the School District desire to participate jointly in providing specialized security services within the School District's South Education Center (SEC) that promote understanding and mutual respect between police, school, staff, counselors, parents, and students. The City and Schoal District wish to set forth, in writing, the terms and conditions of their joint participation in providing these services. Therefore, in return for the mutual agreement set forth below, the parties agree as follows: 1. Term The term of this agreement shall commence on July 1, 2008, and shall continue until terminated by any party as provided in Paragraph 12. 2. Services The City will provide the services of one police officer and related support services and supplies to provide the • Intermediate Schflol District 287 with a School Liaison Officer for the SEC located at 7450 Penn Ave S, Richfield, MN 55423. The school liaison officer's primary responsibilities include serving as a resource person to €aculty, classroom members, and school administrators in the prevention and diversion of juvenile delinquency behavior, networking with other school districts and community agencies, law enforcement activities as required and other services mutually agreed to by the public service director and special education supervisor. More specifically, the services that the school liaison officer provides are the following: a. Promote the safety and welfare of students by working with administrators and staff in the prevention of delinquency and the investigation of delinquent or criminal conduct. b. Encourage positive attitudes toward the law, law enforcement, and the responsible exercise of authority. c. Deter delinquency, crime, child abuse, and neglect. Assist school administration in determining the proper course of action when physical violence, disorder, or similar problems involving the school population arise. d. Maintain awareness of investigations or interrogations that are taking place in the SEC and, when necessary, assist other officers in the performance of their duties. e. Where appropriate, perform investigations of incidents occurring in the schools. Make proper referrals of petitions to court as serious matters may require. f. Advise school administration on matters relating to school building security and occupant safety. 1 • t ~ ~ School Liaison Officer Services Agreement ` Between the City of Richfield and Intermediate District 287 ~. ~~~ g: Participate in appropriate training opportunities provided to school district staff. h. Perform other duties and assume other responsibilities as may be agreed upon between the Director of Public Safety and School District administration. The City agrees to provide vehicle, fuel, maintenance, and other equipment as deemed necessary by the public service director for this program. The School District agrees to provide adequate office space, copier, telephone, computer, and other reasonable office support services. The school liaison officer's computer will not have access to student or employee records. 3. Training As deemed appropriate by the public service director, The City will provide the school liaison officer with training according to the needs of the program described in this agreement. The City agrees to provide this training without charge unless otherwise mutuaNy agreed upon. 4. Payment The cost of the services provided by the city, set forth in Section 2, will include the salary for hours worked, overtime, benefits, and leave expenses prorated for the hours worked, SRO training costs. specific to the services provided, and prorated vehicle and cellular telephone expenses. Increases for personal costs and other expenses . will be applied January Z each year equal to the officers' union contract and city budget. The city shall provide billing to the School District for services foAowing the end of term in December, March, June, and the summer session -each year. See Attachment 1 for an estimate of expenses. 5. Supervision The City agrees to provide supervision for the school liaison officer who will remain an employee of the City of Richfield. Inadequate service or performance by the school liaison officer will be addressed by the City and may result in removal from the assignment. 6. Records The City agrees to maintain such records as are necessary to document that the services are provided as represented by the City. The school liaison officer sha!! only have access to student records to the extent permitted by the Family Education Rights and Privacy Act (FERPA) and the Minnesota Government Data Practices Act. The City agrees to ensure that its actions, and the actions of its employees, comply with the Minnesota Government Data Practices Act. The school liaison officer may, in the course of law enforcement duties, have occasion to create law enforcement records relating to students at the School District's facility. Such records shall be maintained by the school liaison officer and/or the City in a separate location from the student records. 2 • • School Liaison Officer Services Agreement ' Between the City of Richfield and Intermediate District 287 f~~~3 • 7. Scheduling The duty hours of the school liaison officer are flexible and will be primarily coordinated with school activities. The City agrees to provide a licensed officer for each day that students are in attendance. Overtime`approvaltyill be granted in accordance with a matrix mutually agreed to by the City and the School District. The officer will make daily contact with the Police Department for the purpose of keeping abreast of incident reports and other Richfield-wide activity. The officer's duty hours and duties will be determined by the City. 8. Discrimination , The City agrees not to discriminate in providing services under this agreement on the basis of race, sex, creed, national origin, age, or religion. 9. Indemnification The City and the School District agree that each is responsible- for its own acts and the results thereof to the extent authorized by law and are not responsible for the acts of the other party and results thereof. Each party's liability is governed by the provisions established in Minnesota Statute, Chapter 466. 10. Insurance • The City agrees that it will, at all times during the terms of this agreement, have and keep in force, workers' compensation benefits and other insurance coverage for the school liaison officer as provided to other Richfield police officer employees. 11. Entire Agreement The entire agreement of the parties is contained in this document. The agreement supersedes all oral agreements and negotiations between parties relating to the School Liaison Officer Program and the subject matter of this agreement. Any alterations, amendments, deletions, or waivers of any provisions of this agreement are valid only when placed in writing and signed by the City and School District representatives. 12. Terminination This agreement may be terminated with or without cause, by any party. To be effective, the notice of termination must be given in writing after January 2 and before August 30. The termination shah become effective sixty days after receipt of the notice. 13. Independent Contractor • Nothing in this agreement is intended, nor may be construed to create the relationship of partners or employer/employee relationships between The City and the School District. 3 • • • School Liaison Officer Services Agreement ` Between the City of Richfield and Intermediate District 287 ~J~ Dated Dated: ~ --) ~ `~ D -CITY OF RICHFIELD By: Mayor By: City Manager INTERMEDIATE DISTRICT 287 Executive Director of Administrative Services By: o~~1Gtt.,~ v Superintendent 4 • • ~ School Liaison Officer Services Agreement r w Between the City of Richfield and Intermediate District 287 '~ • Attachment 1 Document from Richfield Public Safety: The following is a cost analysis for the position of school liaison officer at District 287. These figures are based upon the 2008 contract between the City of Richfield and Law Enforcement Labor Services that represents the police officers. Their agreed amount for salary is a 3:5% increase. Step 5 2009 (3.5%) 2010 (3.5%) (Officer with 4 years of service) $91,469.82 ~ $94,689.82 $98,012.82 These figures include salary, insurance, PERA, Medicare, college incentive (if qualified) and avehicle. - • • 5 • C7 • AGENDA SECTION: CONSENT AGENDA ITEM # bF REPORT # 191 .STAFF. REPORT CITY COUNCIL MEETING AUGUST 12, 200$ REPORT PREPARED BY: DERICK ANDERSON, CIVIL ENGINEER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of approval of Change Order No. 1 to Nodland Construction Company for the ,. 73rd Street and 1 sc Avenue Storm Water Construction Pro'ect. I. RECOMMENDED ACTION: By Motion:. Approve Change Order No. 1 to Nodland .Construction Company to include an additional drainage outfall pipe that was discovered as badl deteriorated once the ro'ect be an. II. BACKGROUND The total cost of Change Order No. 1 is $73,103 to be paid for using Storm Water Utility Funds. The majority of the change order before the Council. for consideration is to approve replacing an additional storm water outfall to Augsburg Pond that was discovered at the onset of the project to be in a badly deteriorated condition ($54,654). Once the pond water-level was drawn down, it was discovered that one of the pipes was badly deteriorated. In order to replace the deteriorated portion of the pipe, sections of the hockey rink will need to be disassembled and reassembled. • In addition, more work is proposed. at the tennis courts ($10,029) and skating rink ($8,420). 081.2 73rd&1 St C~ • III. BASIS OF RECOMMENDATION A. POLICY • .Change orders over $25,000 require Council approval B. CRITICAL ISSUES • The contractor is awaiting approval before progressing with the recommended work. C. FINANCIAL • The total construction budget (bid amount) approved by the Council on June 10, 2008 for the Storm Water Improvement Project is $876,407.41 • The $70,837.25 for C0#1 will be funded using Storm Water Utility Bond Funds. D. LEGAL ' • The -City Attorney will be available to answer questions E. ENVIRONMENTAL CONSIDERATIONS • None. • IV. ALTERNATIVE RECOMMENDATION(S) ,~ • Council may choose not to approve Change Order No. 1 at this time. V. ATTACHMENTS • Change Order No. 1 VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • • • asp s7~7 • d .r ~~ I Infrastructure ~ Engineering ^ Planning ~ Construction July 30, 2008 Honorable Mayor and City Council City of Richfield 6700 Portland Avenue ' Richfield, MN 55423 Re: Change Order No. 1 73rd Street and 1S` Avenue Stormwater Project City of Richfield, MN WSB Project No. 1532-22 Dear Mayor and City Council: 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tet: 763 541-4800 Fax: 763 541-1700 Please find enclosed Change Order No. 1 (in triplicate) for the above-referenced project for your review and signature. The increase to the contract amount is $70,837.25, resulting in a revised contract total of $947,244.66.. We hereby recommend that the City of Richfield approve Change Order No. 1 for Nodland Construction Company. The changes are necessary to address the condition of existing storm sewer outfalls to Augsburg Pond. Once the pond water level was drawn down, it was discovered that one of the pipes was badly deteriorated. To replace this pipe requires additional disruption around the hockey rink. In addition, some additional work for the park is being done. If you have any questions regarding the enclosed, please do not hesitate to contact me at 763-287-7164. Sincerely, WSB & Associates, Inc. Steven G. urney, PE Project Manager Enclosures cc: Kristin Asher, City of Richfield Jim Rentz, Nodland Construction Company lh ACEC 2008 Firm of the Year KI1532-221AdminlConstruction AdminlPay YoucherslLTR-CO No. 1-city.doc • • ~~~ CHANGE ORDER NO. 1 73rd STREET AND 1st AVENUE STORMWATER PROJECT 7129/2008 CITY OF RICHFIELD, MN WSB PROJECT NO. 1532-22 OWNER: CONTRACTOR: CITY OF RICHFIELD sksksksk NODLAND CONSTRUCTION COMPANY P.O. BOX 338 ALEXANDRIA MN 56308 YOU ARE DIRECTED TO MAKE THE FOLLOWING. CHANGES IN THE CONTRACT DOCUMENT DESCRIPTION: ADDITIONAL WORK AT PIPE OUTFACES, TENNIS COURTS, AND SKATING RINK. IT IS UNDERSTOOD THAT THIS CHANGE ORDER INCLUDES ALL ADDITIONAL COSTS AND TIME EXTENSIONS WHICH ARE IN ANY WAY, SHAPE, OR FORM ASSOCIATED WITH THE WORK ELEMENTS DESCRIBED ABOVE. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: ORIGINAL CONTRACT PRICE: $876,407.41 ORIGINAL CONTRACT TIME: 10/4/2008 PREVIOUS CHANGE ORDERS: N/A $0.00 NET CHANGE FROM PREVIOUS CHANGE ORDERS: NONE NTRACT PRICE PRIOR TO THIS CHANGE ORDER: $876,407.41 CONTRACT TIME PRIOR TO THIS CHANGE ORDER: 10/1/2008 ~ INCREASE OF THIS CHANGE ORDER: $70,837.25 NET INCREASE WITH CHANGE ORDER: NONE CONTRACT PRICE WITH ALL APPROVED CHANGE ORDERS: $947,244.66, CONTRACT TIME WITH APPROVED CHANGE ORDERS .10/1/2008. RECOMMENDED BY: APPROVED BY: PETER R. WILLENBRING, PE, PROJECT MANAGER CONTRACTOR SIGNATURE WSB & ASSOCIATES, INC: ENGINEER NODLAND CONSTRUCTION COMPANY CONTRACTOR APPROVED BY: CITY ENGINEER CITY ADMINISTRATOR DATE DATE • K:101532-221AdminlConstruction AdminlPay Vouchers11532-22 Change Order 1xIsC0-1 • ~F-3 • CHANGE ORDER NO. 1 DETAIL 73rd STREET AND 1st AVENUE STORMWATER PROJECT 712912008 CITY OF RICHFIELD, MN WSB PROJECT NO. 1532-22 ADDED ITEMS Item No. Mat. No. Description Qty Unit Price Extended Amount ADDITIONAL WORK AT EXISTING PIPE OUTFACES Clearing 11 EA $275.00 $3,025.00 Grubbing 11 EA $185.00 $2,035.00 Clearing 0.1 AC $5,750.00. $575.00 Salvage & Reinstall Hockey Boards & Fence 112 LF $135.00 $15,120.00 Remove & Dispose of Wood Retaining Wall 140 SF $11.50 $1,610.00 Remove & Dispose of Misc. Debris 1 LS $2,875.00 $2,875.00 Extra Cost for Custom 36" Trash Guard 1 EA $900.00 $900.00 Remove & Dispose of 42" CMP 40 LF $17.25 $690.00. Furnish & Install 42" CMP 40 LF $129.00 $5,160.00 CI. III Rip Rap 30 CY $90.00 $2,700.00 Geotextile Fabric, Type IV 15 SY $7.50 $112.50 • Modular Block Retaining Wall 340 SF $24.15 $8,211.00 Fence for Retaining Wall 70 LF $28.50 $1,995.00 - _ .Imported Clay Borrow Material _ 200 CY $15.00 .•- - $3,000:00. Imported Topsoil Borrow Material 25 CY $21.00 $525.00 Erosion Control Blanket, Category 2 200 SY $2.90 $580.00 Seeding (Mn/DOT 270 Seed Mix) 0.1 AC $17,250.00 $1,725.00 Remove Bituminous Trail 70 SY $7.00 $490.00 Bituminous Pavement for Trail (2.5") 70 SY $47.50 $3,325.00 Subtotal $54,653.50 ADDITIONAL WORK AT TENNIS COURTS Furnish & Install New Tennis Net Cranks 2 EA $175.00 $350.00 Petromat Style 4598 Fabric 725 SY $13.35 $9,678.75 Subtotal $10,028.75 ADDITIONAL WORK AT SKATING RINK Furnish & Install Pea Gravel 40 TN $35.00 $1,400.00 Furnish & Install 6" Perforated Draintile 180 LF $14.00 $2,520.00 Connect to Manhole 6 EA $750.00 $4,500.00 Subtotal $8,420.00 TOTAL $73,102.25 • TOTAL ADDED ITEMS CHANGE ORDER NO. 1 $73,102.25 K:101532.221AdminlConstNCtion AdminlPay Voucher511532-22 Change Ortler 1.x/sC01 Detail • (oF-`~ • DELETED ITEMS Item No. Mat. No. Description Qty Unit Price Extended Amount Delete 42" RC Apron w/TG ~ Sheet Pile 1 EA $2,265.00 $2,265.00 TOTAL DELETED ITEMS CHANGE ORDER NO. 1 TOTAL ADJUSTMENT TO ORIGINAL CONTRACT AMOUNT • IrI ~ll ~J $2,265.00 $70,837.25 K:101532-221AdminlConstruclion AdminlPay Vouchers11532-22 Change Order 1xISC01 Detail • • • AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING AUGUST 12, 2008 CONSENT 6G 192 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY -CITY MANAGER: THOMAS FOLEY, TRANSPORTATION ENGINEER NAME, TITLE ~+ SIGNATURE ~. ITEM FOR COUNCIL CONSIDERATION: Consideration of approval to hire a consultant to perform a Safe Routes To School study. I. RECOMMENDED ACTION: By Motion: Approve the hiring of SRF Consulting Group, Inc. to erform a Safe Routes To School .stud at a cost of $49,403. IL BACKGROUND .The City of Richfield applied for and already received a 1.00% federal grant under the Federal Safe Routes To School Program, in the amount of $50,000 to conduct a survey of school walking and biking routes to both public and private schools at the elementary and middle school levels in Richfield. The results of the surrey will be used to prepare a plan to improve the safety of these routes as a way to encourage children to walk or bike to school. The City issued a request for proposals and received .two proposals from consulting firms with strong engineering and design personnel. The two firms are: SRF Consulting Group; and, Bonestroo, Anderlik and Rosene and Associates. A two- .person staff committee recommended hiring SRF Consulting Group-based on qualifications of -staff, work program, and. experience with similar projects. SRF Consulting has recently-prepared the Transportation portion. of the City's updated Comprehensive Plan. III. BASIS OF RECOMMENDATION 0812 Safe Routes To School • • Y I n A. POLICY • Transportation Goal 1 of the updated Comprehensive Plan identifies improvements to non-motorized and pedestrian travel B. CRITICAL ISSUES • The. City needs to hire a consultant before the Safe Routes To school study can. begin. C. FINANCIAL • The City has been awarded a 100% federal grant in the amount of $50,000 to finance the Safe Routes To School study. D. LEGAL • The City followed federal rules governing. the hiring a consultants using a Request For Proposals process. E. ENVIRONMENTAL CONSIDERATIONS • This is a planning study that will not affect the environment. • IV. ALTERNATIVE RECOMMENDATION(S~ • Both consultants are qualified to perform the study: Council .can choose to hire the Bonestroo, Anderlik, Rosene and Associates firm to do the work. V. ATTACHMENTS • None.. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. • • Ir U AGENDA SECTION: CONSENT AGENDA ITEM # E)H REPORT # 193 ~~~ STAFF REPORT CITY COUNCIL MEETING AUGUST 12, 2008 REPORT PREPARED BY: NAME, TITLE • DEPARTMENT DIlZECTOR REVIEW: REVIEWED BY CITY MANAGER: C BRANDON KLEMENT, FACILITIES MANAGER ITEM FOR COUNCIL CONSIDERATION: Consideration of authorization of purchase of an ice resurfaces at the Richfield Ice Arena from Frank J. Zamboni & Com an for $88,050. I. RECOMMENDED ACTION: By Motion: Accept the bid minutes/tabulation and approve the purchase of a new ice resurfaces from Frank J. Zamboni Company, for $88,050 including sales tax. II. BACKGROUND The 1998 Zamboni Ice Resurfaces is scheduled for replacement for rink two at the ice arena. Its primary use is for resurfacing the ice. Some major repairs have been done over the last several years to keep it running, but it is time to replace this unit, as future repairs will become cost ineffective. Three manufacturers requested the specifications that staff had prepared. The notice of bids for the ice resurfaces was published in the Richfield Sun-Current on June 24, 2008. A formal bid opening for the purchase of the new ice resurfaces was held on July 16, 2008 with the following results: Vendor Base Bid Trade-In Value Alternates Amount Frank J. Zamboni & Co. $107,400.20 $37,500.00 $18,150.00 $88,050.00 Becker Arena Prod. OI m is $192,400.00 $15,000.00 Included $177,400.00 Becker Arena Prod. Ice Bear $180,800.00 $15,000.00 Included $165,800.00 08-08 Ice Resurfaces Bid • III. BASIS OF RECOMMENDATION A. POLICY • Frank J. Zamboni & Co. submitted the lowest qualifying bid. B. CRITICAL ISSUES • Approval at the August 12, 2008, Council Meeting will facilitate delivery of the new Zamboni Ice Resurfacer by April 31, 2009. C. FINANCIAL • The approved 2009 budget contains $110,000.00 for the purchase of anew ice resurFacer. • Funding for this vehicle will be from the planned depreciation of the 1998 Model that is set aside in the motor pool funds. D. LEGAL • When the purchase of materials, merchandise, equipment or services exceeds $50,000, sealed bids shall be solicited by public notice. • The bid opening held on July 16, 2008, was in accordance with legal requirements. • E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION~S~ • Council could reject the bids and instruct staff to re-bid this piece of equipment. However, staff does not believe we can obtain a better price from a reputable contractor. V. ATTACHMENTS • Bid minutes/tabulation VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None • 0812 Ice Resurfacer • n U CITY OF RICHFIELD, MINNESOTA Bid Opening ~~ ~ 1 July 16, 2008 10:00 a. m. 2008 Ice Resurfacer & Equipment Bid No. 08-08 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Theresa Schyma, Deputy City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for an Ice Resurfacer and equipment, as advertised in the official newspaperon July 3, 2008. Present: Theresa Schyma, Deputy City Clerk Doris Swanson, City Manager Representative Brandon Klement, Facilities Manager The following bids were submitted and read aloud: • Estimated Bid Bond Intent Trade-In Bidder or tO Non- Addenda Value of Base Certified Comply Collusion #1 Current Bid Check Zamboni Frank J. Zamboni & Co, ~ ~ ~ ~ $37,500.00 $107,400.20 Paramount, CA Becker Arena Products Savage, MN ~ ~ ~ $15,000.00 $180,800.00 (Ice Bear Machine) Becker Arena Products Savage, MN ~ ~ ~ $15,000.00 $192,400.00 (Olympia Machine) The Deputy City Clerk announced that the bids would be tabulated and considered at the August 12, 2008 City Council Meeting. Theresa Schyma Deputy City Clerk • 0812 Ice Resurfacer C • • AGENDA SECTION: CONSENT AGENDA ITEM # (ji REPORT # 194 STAFF. REPORT CITY COUNCIL MEETING AUGUST 12, 2008 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY. MANAGER: BETSY OSBORN, ADMINISTRATNE SUPPORT SERVICES MANAGER ITEM FOR COUNCIL CONSIDERATION: Consideration of the request for a temporary wine license and a temporary on-sale 3.2 percent malt liquor license for the Church of St. Richard's for their annual Fun Festival to be held September 13, 2008. I. RECOMMENDED ACTION: By Motion: Approve a temporary wine license and a temporary on- sale 3.2 percent malt liquor license for the Church of St. Richard's for their annual Fun Festival to be held on September 13. 2008. • II. BACKGROUND On June 17, _2008, the Church of St. Richard's submitted a request for temporary licenses to serve wine and 3.2 percent malt liquor for their annual Fun Festival to be held September 13, 2008. The required licensing fees have been received. They will be serving such food items as hamburgers, brats, sandwiches and brownies. The Church of St. Richard's has contacted food sanitarians from the City of Bloomington to ensure that proper food handling practices are followed. They will work with Bloomington sanitarians and follow their recommendations for safe and wholesome food handling. The event will take place from 9 A.M. to 7:30 P.M. 0812 St. Richard's Fun Festival Liquor Licenses NAME, TITLE • Licensing requirements for the preparation and service of food for this event is • covered under the Church of St. Richard's annual food license. Liquor Liability insurance coverage has been provided, showing The Catholic Mutual Relief Society affording the coverage. No complaints were received by the Public Safety Department regarding this event for the previous year. The City has previously issued these licenses in conjunction with the Church of St. Richard's Fun Festival. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with the City codes pertaining to these licenses. B. CRITICAL ISSUES • Necessary fees have been paid and insurance coverage has been obtained. C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONCERNS • N/A IV. ALTERNATNE RECOMMENDATION~S~ • Deny the request. However, the Public Safety Department has not found any basis for a denial. In addition, the Council has previously granted these licenses in conjunction with the Church of St. Richard's Fun Festival. V. ATTACHIVIENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Church of St. Richard's staff/representative ;~ • • AGENDA SECTION: pIIBLIC HEARINGS AGENDA ITEM # $ REPORT # 195 D STAFF REPORT CITY COUNCIL MEETING AUGUST 12, 2008 REPORT PREPARED BY: BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE r~ u DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the issuance of new on-sale intoxicating and Sunday liquor licenses, with optional 2 a.m. closing, for Don Pablo's Operating, LLC d/b/a Don Pablo's, 980 W. 78th Street. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the issuance of new on-sale intoxicating and Sunday liquor licenses; and, • Approve optional 2 a.m. closing, for Don Pablo's Operating, LLC d/b/a Don Pablo's, 980 W. 78th Street. II. BACKGROUND On May 7, 2008, the City received a new application and other required documents for on-sale intoxicating and Sunday liquor licenses, with optional 2 a.m. closing, for Don Pablo's Operating, LLC d/b/a Don Pablo's. The applicant has paid the required licensing fees. Richfield City Code 1202.21, Subd. 8., relating to the transfer of licenses, states that a transfer is deemed to occur if there is a change in the business structure or organization of the license. Upon the occurrence of any corporate change, a new license application and required fees must be filed with the City. 0812 PH Don Pablo's New Liquor License ~ ~ L._J • The Public Safety background investigation has been completed and reveals the • following: Due to a bankruptcy action filed by the previous ownership, Avado Brands, Inc., the ownership of the restaurant has changed. Don Pablo's is now run as a Limited Liability Corporation (LLC) with two partners. Paul_Joseph Seidman serves as President and Chief Operating Officer and Kurt John Schnaubelt serves as Secretary and Chief Financial Officer. Michael Olander continues to serve as the General Manager. None of these individuals has any known criminal record. A current list of officers is attached. Both co-applicants have prior experience in operations or finance of food and alcohol service businesses, and both have provided a work history of this employment. All general sales, real estate and withholding taxes have been paid and are current. The property is owned by CSM Corporation and leased to Don Pablo's. The lease between the applicant and the property owner is in effect with all payments current. Proof of liquor liability insurance coverage has been received showing Liberty Mutual Insurance affording the required coverage. Proof of workers' compensation insurance coverage has also been supplied. • There- have been three Public Safety contacts with Don Pablo's since January 1, 2008. All calls were regarding false intrusion alarms. No complaints were received by Environmental Health staff during the past year regarding Don. Pablo's. On-sale intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of on-sale intoxicating and Sunday liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on July 31, 2008. In July 1999, Don Pablos was cited for the sale of alcohol to underage youth. They paid a $500 fine and had their license to sell alcohol suspended for two days. They received a second violation in October 2000. -They received a $1500 fine. and had their license to sell alcohol suspended for five days. Don Pablo's failed a liquor compliance check. in October 2006, but because they have successfully passed more than two consecutive compliance checks, this is considered a first offense. They received a $1000 fine and had their license to sell alcohol suspended for five days. Don Pablo's has received no violations since that time. • III. BASIS OF RECOMMENDATION • A. POLICY • City ordinance requires that a new application be submitted when there is a change in the business structure or organization of the license. • The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale intoxicating and Sunday liquor licensing. • Based on the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the licenses re uested. B. CRITICAL ISSUES • The requirements of Resolution No. 9511 must be met. C. FINANCIAL • The required background investigation and licensing fees have been received. D. LEGAL • N/A E. ENVIRONMENTAL CONCERNS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Continue the -hearing. However, if the hearing is continued, the Council should consider the granting of license extensions to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. • Suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. V. ATTACHMENTS • List of Officers VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Don Pablo's staff • • • • 8~1 Don Pablo's Operating, LLC Don Pablo's Officers and Directors n U Paul Seidman President and Chief Operating Officer Kurt Schnaubelt Secretary and Chief Financial Officer Michael Olander General Manager • • • • AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 9 REPORT # 196 ~~' STAFF REPORT CITY COUNCIL MEETING AUGUST 12, 2008 • REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the issuance of new on-sale intoxicating and Sunday liquor licenses, with optional 2 a.m. closing, for Richfield Hotel Associates d/b/a Ramada Inn, 7745 L ndale Avenue South. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the issuance of new on-sale intoxicating and Sunday liquor licenses, with optional 2 a.m. closing, for Richfield Hotel Associates d/b/a Ramada Inn, 7745 Lyndale Avenue South. II. BACKGROUND On May 20, 2008, the City received new applications and other required documents for on-sale intoxicating and Sunday liquor licenses, with optional 2 a.m. closing, for Richfield Hotel Associates d/b/a Ramada Inn. The applicant has paid the required licensing fees. The Public Safety background investigation has been completed and reveals the following: Richfield Hotel Associates is a Partnership compromised of five individual owners. They are as follows: Thomas W. LaSalle, Arthur Petrie, William L. Brusman, John Hankinson and Bruce Nimmer. There are also limited partnerships associated with the ownership of Richfield Inn Associates that are. companies owned by these five general partners. Criminal history checks were conducted on all five of the general 0812 PH Richfield Hotel Associates New Liquor License partners. None of these individuals has any criminal record. In addition, no criminal . records were found for Adam Reed Selby, who serves as the manager of the establishment. The Richfield Hotel Associates is managed by LaSalle Group Limited located in Bloomington, MN. The Richfield Inn Associates does not, nor has it ever owned a liquor license for any other establishment. In addition, the Richfield Inn is the only hotel/bar/restaurant owned by this company. The property is owned by the applicant with Numora Asset Capital Corporation holding the mortgage. All general sales, real estate and withholding taxes have been paid and are current. Proof of liquor liability insurance coverage has been received showing United Fire and Casualty affording the required coverage. Proof of workers' compensation insurance coverage has also been supplied. As a result of this being a new request for an on-sale intoxicating and Sunday liquor license, there is no need for an accountant's statement to be submitted regarding the food/alcohol ratio. • There have been seven Public Safety/Police contacts with the Richfield Inn since January 1, 2008. These calls included two suspicious persons, one assault, one assist, two animal related calls, and one alarm. As this is a request for a new license, there are no previous "calls for service" contact records to compare this with. No complaints have been received_ by the Environmental Health staff regarding the Richfield Inn during the past year. On-sale intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of on-sale intoxicating and Sunday liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on July 31, 2008. • • • • III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale intoxicating and Sunday liquor licensing. • Based on the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the licenses requested. B. CRITICAL ISSUES • The requirements of Resolution No. 9511 must be met. C. FINANCIAL • The required background investigation and licensing fees have been received. D. LEGAZ, • N/A E. ENVIRONMENTAL CONCERNS • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • The Council could decide to deny the license request, which would mean that the current applicants would not be able to obtain on-sale intoxicating and Sunday liquor licenses. • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • Richfield Hotel Associates officer/staff VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None • r~ U q-~ Richfield Hotel Associates • Ramada Inn Partners C7 Thomas LaSalle Managing General Partner Arthur Petrie Managing General Partner William Brusman Partner John Hankinson Partner Bruce Nimmer Partner • • • • v • ~- STAFF REPORT CITY COUNCIL MEETING AUGUST 12, 2008 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME, TITLE • DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: / ITEM FOR COUNCIL CONSIDERATION: Public hearing and consideration of the resolution with regards to the project financing and refinancin to be undertaken b Communit Involvement Pro rams CIP . L RECOMMENDED ACTION: Conduct and close the public hearing and by motion: approve the. resolution approving the issuance of bank qualified tax exempt revenue notes by the City of Hinckley with respect to the financing and refinancing of .projects to be undertaken by Community Involvement Programs (CI • II. BACKGROUND The City of Hinckley, Minnesota is issuing tax-exempt bonds and loaning the proceeds of such bonds to CIP to: I. refinance the acquisition of an approximately 8 unit housing facility for the developmentally disabled known as the North Court Apartments which is located at 403 North Court Avenue, Sandstone, MN, II. .refinance the acquisition of group residential facilities for the developmentally disabled which are located at 7044 Columbus Avenue in the City (the "Richfield Facility"), 4303 North Colorado Street, Crystal, MN; 6427 Westchester Circle, Golden Valley, MN; 501 First Street SW, Hinckley, MN; 300 18th Avenue North, Hopkins, MN; 4725 Clear Spring Road and 4731 Clear Spring Road, Minnetonka, MN; 7600 48th Circle North, New Hope, AGENDA SECTION: PDBLIC HEARINGS AGENDA ITEM # LO REPORT # 197 0812CIP Tax Exempt Financing C MN; 9011 34th Street West, St. Louis Park, MN and 618 South Pine Street and 112 Division Street, Sandstone, MN • III. finance renovations to the group residential facilities located at 112 Division Street in Sandstone and 4725 Clear Spring Road in Minnetonka, and IV. finance renovations to the corporate headquarters of the Borrower located at 1600 Broadway Street NE, Minneapolis, MN (collectively, the "Project"). CIP is anon-profit organization founded in 1971, based in Minneapolis, but serving. individuals throughout the metro area and Pine and Mille .Lacs counties. It provides services and supports to persons with developmental disabilities and their families and to individuals with mental illness. CIP has several facilities in the metro area, one of, which is located in the City of Richfield. When facilities located in the City of Richfield are to be financed with an issue of tax-exempt, qualified 501(c)(3) bonds to be issued by another city (the City of Hinckley), IRS regulations require that the City of Richfield approve the issuance of such bonds by the other city. Consequently, the City of Richfield is considered a "host city" and must undertake certain procedures with regard to the tax exempt refinancing, including holding a public hearing and adopting a resolution approving-the issuance of debt by the City of Hinckley. • III. BASIS OF RECOMMENDATION A. POLICY • The City of Richfield has established guidelines that provide the City with the authority to carry out the required procedures under federal and state law. B. CRITICAL ISSUES • N/A C. FINANCIAL • The City is to receive a base fee of $500 for staff and administrative time. • The City is to be reimbursed and held harmless for and from any out- of-pocket expenses related to the procedures required of the City by federal and state law for the tax exempt financing by CIP. D. LEGAL • A public hearing regarding the tax exempt financing must be held, notice of public hearing must be published and Council must adopt a resolution approving the financing of the proposed project. • Notice of public hearing was published in the July 24, 2008_ Sun Current Newspaper. • The City's Bond Counsel has reviewed all documents regarding this transaction. • E. ENVIRONMENTAL CONSIDERATIONS . N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Forgo approving the attached resolution and Cooperation Agreement with regards to the project financing to be undertaken by CIP. V. ATTACHMENTS • Resolution with respect to the project financing to be undertaken by CIP. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Representative from CIP • Steve Fenlon, MHC C. r~ u ~~~i RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF A HOUSING AND CARE FACILITY REVENUE NOTE FOR A PROJECT BY COMMUNITY INVOLVEMENT PROGRAMS LOCATED tN RICHFIELD, MINNESOTA UNDER MINNESOTA STATUTES, CHAPTER 462C AND MINNESOTA STATUTES SECTIONS 469.152 THROUGH 469.1651 BE IT RESOLVED, by the City Council (the "Council") of the City of Richfield, Hennepin County, Minnesota (the "City") as follows: Section 1. General Recitals. (a) The purpose of Minnesota Statutes, .Chapter 462C (the "Housing Program Act"), is, among other things, to confer upon cities the power to issue revenue bonds to finance multifamily housing developments; and (b) The purpose of Minnesota Statutes, Sections 469.152 through 469.1651 as amended,. (the "Industrial Development Act"), is, among other things., to promote the welfare' of the State of Minnesota (the "State") by the active attraction and encouragement and development of economically ;sound industry and commerce to .prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment and by providing necessary care facilities so that adequate care services are available to residents of the State at reasonable cost. Section 2. Description of the Protect. (a) Community Involvement Programs (the "Borrower"), a Minnesota nonprofit • corporation and organization described in Section 501(c)(3) of the. Internal Revenue Code of 1986, as amended (the. "Code") has proposed the issuance. of a revenue note .under the Housing Program Act and the Industrial Development Act, in one or more series, in an amount not to exceed $2,500,000 (the "Note") by the City. of Hinckley, Minnesota (the "Issuer") to finance the costs of a project (the "Project") consisting of `(i) refinancing the. acquisition of an approximately 8 unit. housing facility for the developmentally disabled known as the North Court Apartments which is located at 403 North Court Avenue, Sandstone, MN, (ii) refinancing the acquisition of group residential facilities for the developmentally disabled which are located at 7044 Columbus Avenue, in the City (the "Richfield Facility"); 4303 North Colorado Street, Crystal, MN; 6427 Westchester Circle, Golden Valley, MN; 501 First Street SW, Hinckley, MN; 300 18th Avenue North, Hopkins, MN; 4731 Clear Spring Road and 4725 Clear Spring Road, Minnetonka, MN; 7600 48th Circle North, New Hope, MN; 9011 34th. Street West, St. Louis Park, MN; and 618 South Pine Street and 112 Division Street, Sandstone, MN, (iii) financing renovations to the group residential facilities located at 4725 Clear Spring Road- in Minnetonka and at 112 Division Street in Sandstone, and (iv) financing renovations to the. corporate headquarters of the Borrower located at 1600 Broadway Street NE, Minneapolis, MN. (b) The facility located at 403 North Court Avenue in Sandstone will be owned by North Court Apartments, .the facility located at 4731 Clear Spring Road in Minnetonka will be owned by Clear Spring Road Residences, Inc., all of the remaining facilities. comprising the Project will be owned by the Borrower and the entire Project will be operated by the Borrower. (c) As more fully described above, portions of the Project are located in the City,. Hinckley and the Cities of Crystal, Golden Valley, Hopkins, Minneapolis, Minnetonka, New Hope, St. Louis Park and Sandstone (collectively,-the "Host Cities"). • I v '~ p~. (d) The total amount of the obligations to be issued is presently estimated to not exceed $2,500,000, approximately $246,000 of which will be used for refinancing the Richfield Facility. (e) The City has been advised that the Note or other obligations, as and when issued, will not constitute a charge, lien or encumbrance upon any property of the City, the Host Cities or the Issuer, except the Project and the revenues to be derived from the Project. Such Note or obligations will not be a charge against-the general credit or .taxing powers of the City, the Host Cities or the Issuer, but is payable from sums to be paid by the Borrower pursuant to a revenue agreement. Section 3. Recital of Representations Made by the Borrower. (a) The Borrower has agreed to pay any and all costs incurred by the City in connection with the issuance of the Note, whether or not such issuance is carried to completion. (b) The Borrower has represented to the City that no public official of the City has either a direct or indirect financial interest in the Project- nor will any public official either directly or indirectly benefit financially from the Project. , Section 4. Public Hearing. (a) As required by Section 147(f) of the Code a Notice of Public Hearing was published in the Richfield Sun-Current, the City's official newspaper and newspaper of general circulation, for a public hearing on the proposed issuance of the Note and the proposal to undertake and finance the Project. • (b) As required by Section 147(f) of the Code the City Council has on this same date held a public hearing on the issuance of the Note and the proposal to undertake and finance the portion of the Project located within the jurisdictional limits of .the City, at which all those appearing who desired to speak were heard and written comments were accepted. Section 5. Host Approval. The .City hereby gives the host approval required under the Internal Revenue Code to the issuance of the Note and, pursuant to Minnesota Statutes, Section 471.656, Subd. 2(2), the City Council hereby consents to the issuance of the Note. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of August 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk n LJ • i ,i • • AGENDA SECTION: Pi1BILC HEARINGS AGENDA ITEM # L L REPORT # 198 STAFF REPORT CITY COUNCIL MEETING AUGUST 12, 2008 REPORT PREPARED BY: ', DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ca' ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding the special assessment roll for removal of diseased trees from private ro ert for work ordered in 2007. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the attached resolution adopting the assessment for removal of diseased trees private property for work ordered from January 1 through December 31, 2007. II. BACKGROUND In the period from. January 1, 2007 through December 31, 2007, thirty-eight (38) property owners chose to use the City's contractor and requested that the cost of the tree removal be assessed. III. BASIS OF RECOMMENDATION A. POLICY • The work has been done with prior approval from the affected residents. 0812TreeAssess RANDY HUGHES, OPERATIONS SUPERINTENDENT NAME, TITLE a • • City staff has calculated the amounts to be assessed against every . assessable lot, piece or parcel of land specially benefited. The proposed assessment was properly filed with the City Clerk, notice was published in the official newspaper on July 31, 2008 and notices were mailed to the owner of each parcel described in the assessment roll. B. CRITICAL ISSUES • On or before September 1 of each year, the City shall list the total unpaid charges for current services against each ,separate lot or parcel to which they are attributable under section 825 of the City Code. C. FINANCIAL • The costs to be assessed for the removal of Dutch Elm diseased trees on private property for work ordered during the period January 1, 2007 through December 31, 2007 have been determined to be $63,736.93. • City ordinance provides that special assessments for current .services may be certified to the county Auditor for collection along with taxes. This certification may provide that the assessments be completely paid in the first year or in annual installments. It is recommended such payments be due and payable over afive-year period due to the increased cost of removals. • The adopted assessment roll for the period of January 1, 2007 • through December 31, 2007 will be certified with the County Auditor by the end of October, 2008. The City has the right to charge interest on the amount assessed in that the City provided the funds for the initial expense. It is recommended that the interest rate be established at six percent (6%). D. LEGAL • No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting should a legal question arise. E. ENVIRONMENTAL CONSIDERATIONS • None. IV. ALTERNATIVE RECOMMENDATION(S~ • Council may revise the special assessment roll as deemed necessary following the public hearing. V. ATTACHMENTS • Resolution • Copy of letter sent to residents • Comments/responses from assessed property owners VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None • • i ~-~ • RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT ON REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 2007 THROUGH DECEMBER 31, 2007 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and passed upon all objections. to the proposed assessment for current services related to removal of diseased trees from the following private property in the City of Richfield:. Property Address Property Identification Number 7414 10th Ave South 35-02824-31-0099 6744 Pleasant Ave So 27-02824-32-0098 7600 Portland Ave So 34-02824-44-0001 6342 Blaisdell Ave So 27-02824-21-0079 6820 10th Ave So 26-02824-34-0083 6645 Washburn Ave So 29-02824-42-0054 644415th Ave So 26-02824-13-0062 7406 1st Ave'So 34-02824-42-0050 7033 Garfield Ave So 34-02824-22-0014 7120 Oakland Ave So 35-02824-22-0071 6737 1st Ave. So 27-02824-42-0041 • 7016 Portland Ave So 34-02824-11-0073 7340 4th .Ave ,So 34-02824-14-007,0 7200 Newton Ave So 33-02824-23-0047 918 W 73rd St 33-02824-14-0106 7031 Knox Ave So 33-02824-21-0042 7010 James Ave So 33-02824-21-0034 6819 Irving Ave So 28-02824-34-0005 7512 Girard Ave So 33-02824-42-0069 318 W 64th St 27-02824-22-0074 6439 Grand Ave So 27-02824-23-0037- 6511. Logan Ave So 28-02824-24-0094 6400 Pillsbury Ave So 27-02824-24-0010 2908 W 78th St 32-02824-43-0096 7236 3rd Ave So 34-02824-13-0146 6944 10th Ave So 26-02824-34-0107 6809 3rd Ave So 27-02824-44-0082 660.7 Logan. Ave So 28-02824-31-0060 6624 Columbus Ave So 26-02824-32-0007 6401- Humboldt Ave So 28-02824-13-0020 6517 14th Ave So 26-02824-13-0090 6710 Oakland Ave So 26-02824-32-0094 7732 Vincent Ave So 114 East 69th Street 32-02824-43-0071 27-02824-43-0090 • • (~ ~ a. • 7308 Nicollet Ave So 7427 Elliot Ave So 6900 Newton Ave So 6226 Stevens-Ave. S. 34-02824-24-0106 35-02824-31-01.08 28-02824-33-0151 27-02824-12-0044 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. Such proposed assessment roll, in the amount of $63,736.93, is hereby accepted and shall constitute the special assessment against the lands named herein, and each tract of land therein included is hereby found to be benefited by the proposed current services in the amount of the assessment levied against it. 2. Such assessment shall be payable in no more than .five annual installments and shall bear interest at the rate of six (6%) percent from the date of adoption of this assessment resolution.- 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property to the City's Assessing Division, and he may at any time thereafter, pay to the City's Assessing Division the entire amount of the assessment remaining unpaid, with • interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December,31 of the. next succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the property tax lists of the County and such assessments shall be collected and paid over in the same manner as other municipal taxes. Passed by the City Council of the City of Richfield, Minnesota this 12th day of August, 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • • ~~ ~ • './ 6700 Portland Avenue • Richfield, Minnesota 55423-2599 «PID» «NAM E» «ADDRESS» «CITYSTZIP» NOTICE OF ASSESSMENT HEARING NOTICE OF HEARING ON PROPOSED ASSESSMENT FOR CERTAIN SERVICES OF THE CITY FOR REMOVAL OF DISEASED TREES ON PRIVATE PROPERTY (JANUARY 1,2007 -DECEMBER 31, 2007) NOTICE IS HEREBY GIVEN that the Richfield City Council will hold an assessment hearing on the date`and at the time and place given below, to pass upon the proposed assessment for the removal and disposal of diseased trees on private property. DATE, TIME AND PLACE OF HEARING: August 14, 2008, at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda, at Richfield City Hall, 6700 • Portland Avenue South, Richfield, Minnesota 55423: NATURE OF IMPROVEMENT FEND AREA TO BE ASSESSED: Costs incurred for removal of diseased trees from. private .property with the consent and approval of the property owners for work ordered from the City of Richfield, January 1, 2007 through December 31, 2007. The City proposes to assess the costs for this work, which totaled $63, 736.93. THE SPECIAL ASSESSMENT TO YOUR PROPERTY IS: $cAMOUNT» Payment can be made after the assessment is adopted and before November 15, 2008 at the City-of Richfield Assessor's office, 6700 Portland Avenue, Richfield, MN 55423. Please make your check payable to the City of Richfield. THIS IS THE ONLY NOTICE YOU WILL RECEIVE OF THIS ASSESSMENT.- NO SEPARATE BILLING WILL OCCUR. A copy of the .proposed assessment roll is on file for public inspection at the City Clerk's office, 6700 Portland Avenue South, Richfield, Minnesota. Telephone (612) 861-9700 ~ Fax (612) 861-9749 • • r 1~-~f PAYMENT OF ASSESSMENT: You .may pay your assessment at any time after the assessment. has been adopted by presenting a check to the City Treasurer at the Assessor's office, 6700 Portland Avenue South, Richfield, Minnesota 55423. Unpaid assessments accrue interest at the rate of six percent (6%) per year. The amount of interest payable depends upon .when your payment is made, and the following deadlines apply: Payment within 30 days of adopted'~assessment: If the original principal amount of the assessment is $300 or more, you may make a partial prepayment of $100 or more within 30 days from the date the Council adopts the assessment, scheduled for August 12, 2008. No . interest will be charged on the prepaid portion. Partial prepayments are not allowed after the 30-day period. The unpaid balance will be spread over the life. of the adopted assessment. Six percent (6%) interest will not be charged if the entire assessment is paid before November 15`h Payment on or after November 15. 2008: Tree assessments are spread over 5 years. Interest at the rate of six percent (6%) will be charged, calculated from the date of adoption of the assessment until the date of payment. Interest is calculated for 17 months on the first year of the assessment and 12 months thereafter. There is a $1.50 surcharge per year over the 5 year life of the assessment when .certified to the property tax. Questions regarding the assessment payment procedure should be directed to Debbie Guiher at 612-861-9710. DEFERRED ASSESSMENTS: Under Minnesota Stat. Secs. 435.1.93 to 435.195,. the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person who meets certain age or disability restrictions and -for whom it would be a hardship to make the payments. The policy and procedure for deferment is set forth in City Resolution No. 9531, which may be obtained from. the City Clerk. When deferment of the special assessment has. been granted and is terminated for any reason provided in law ,all amounts accumulated plus. applicable interest become due. Any assessed property owner meeting the requirements of the law and the resolution. may, within 30 days of the confirmation of the assessment, apply. to the City Clerk for the prescribed form for deferral of this special assessment. HEARING PROCEDURE AND OBJECTIONS: The City Council will conduct a public hearing on the proposed assessment on the date and time listed. Written and oral objections will be considered at the meeting, but the Council may consider-any objection to the amount of a proposed individual assessment at an adjourned meeting upon further notice to -the affected property owners as the Council deems advisable.. The Council may adopt the proposed assessment at the same meeting as the hearing. RIGHT TO APPEAL: You have the right to appeal the City Council's adoption of the assessment. To appeal, you must serve, notice of an appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment, and you must also file the notice of appeal with the Hennepin ~ County District Court within ten days after service upon the Mayor or City Clerk. You may not appeal unless you file a written objection, signed by you, with the City Clerk prior to the hearing on August 12. 2008. or present the written obiection to the presiding officer at the hearing on August 12th. BY ORDER OF THE CITY COUNCIL THIS 8TH DAY OF JULY, 2008. Nancy Gibbs, City Clerk Questions? Questions concerning this assessment amount should be directed to Randy Hughes, Operations Coordinator, at 612-861-9175. .~ • i ~ - 5" CITY OF RICHFIELD Memorandum DATE: August 12, 2008 TO: Special Assessment File FROM: Randy Hughes SUBJECT: Comments on Special. Assessments Randy Hughes, Operations Superintendent of the Public Works Department received the following comments from owners of trees affected by the proposed Special Assessment ordinance to be presented to Council on August 12, 2008. SPECIAL ASSESSMENT DISEASED TREE REMOVAL Jennifer Winter (7340 4th Ave) called on August 4th inquiring about the • assessment notice. she received in the mail Denice Smith (7732 Vincent Ave) called on August 4th inquiring about deferring her assessment. • • J AGENDA SECTION: p~T.TC AF.ARTNCS AGENDA ITEM # 12A REPORT # 199 STAFF REPORT CITY COUNCIL MEETING AUGUST 12, 2008 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY r; jI MANAGER: L~ RANDY HUGHES, OPERATIONS SUPERINTENDENT NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Public .hearing regarding the attached resolutions pertaining to the annual 77th Street maintenance district assessment rocess. I. RECOMMENDED ACTION: Conducf and close the public hearing and by motion: • Adopt the attached resolution proposing to assess commercial properties in the 77th Street assessment district for costs incurred #o maintain the area for 2007. • Adopt the attached resolution proposing a similar assessment arocess to be implemented for 2009. II. BACKGROUND Since the 1988 construction of the short section of 77th Street around the Hampton Inn, the City-has been performing special, high-quality maintenance along 77th Street. The special maintenance services include irrigation and weeding and mowing of the landscaping on both sides of the 77th Street wall. The maintenance functions, known as current services, are funded through the maintenance assessment on the 77th Street businesses. City staff has determined costs to be assessed for the maintenance of the 77th Street redevelopment area between I-35W and Cedar Avenue. III. BASIS OF RECOMMENDATION A. POLICY 0812-77th0709assess • • • Resolution No. 7405, adopted in 1988, established a policy for assessing the costs. • Staff has. calculated the proper amounts to be assessed against every assessable lot, piece or parcel of land specially benefited. The proposed assessment was properly filed with the City Clerk, notice was published in the official newspaper and notices were mailed to the owner of each parcel. described in the assessment roll • Notice of the public hearing for the proposed maintenance costs in 2007 was mailed to all owners of commercial property in the area and was published in the official. newspaper July 31, 2008, as required by law. B. CRITICAL ISSUES • The City Council ordered the work, and the work is done. • On or before September 1 of each year, the City shall. list the-total unpaid charges for current services against each separate lot or parcel to which they are attributable under section 825 of the City Code. C. FINANCIAL • Total cost for 77th Street Maintenance is $77,441.46 for 2007. • City ordinance provides that special assessments for current services may be certified to the County Auditor for collection along with taxes. It is the staff recommendation that such payments be due and payable within the first year, rather than in installments.. The City has the right to charge interest on the amount assessed in that the City provided the initial funds for the services. It is also staffs recommendation that the interest rate be established as six ' percent (6%). Payment may be made by the'"assessed owner before November 15, 2008 in order to avoid interest payments. Payments made after that date would include the interest payment. • The estimated maintenance cost for the period January 1 through December 31, 2008 is $80,000. All commercial properties would be assessed on a square foot basis. All residential properties, plus the two churches in the area, would be exempt from the special assessment levy. D. LEGAL • The City Council scheduled a public hearing for August 12, 2008 on the assessment for the cost of maintenance services performed in the 77th Street Project area for 2007 and to consider the establishment of a special assessment district for maintenance service costs for 2009. • The City Attorney will be in attendance at the Council meeting should a legal question arise. E. ENVIRONMENTAL CONSIDERATIONS • None. IV. ALTERNATIVE RECOMMENDATION~S~ • Council may make any changes to the assessment roll as a result of the public hearing by adding the' phrase "and has amended such proposed assessment as it deems just." • V. ATTACHMENTS • Resolution adopting assessments for 77th Street Maintenance in 2007 • The 2007 assessment roll • Resolution proposing to specially assess for current services for 2009. • The 2009 assessment roll • Copy of letter sent to property owners • Graphic displaying 77th Street special assessment district. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • City staff has been available during business hours and at City Hall immediately prior to the public hearing to answer questions and concerns of property owners regarding the 2007 special assessment. • • laA-I RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT ON 77TH STREET MAINTENANCE FOR THE PERIOD JANUARY 1 -DECEMBER 31, 2007 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and passed upon all objections to the proposed assessment for current services related to maintenance of the 77th Street Redevelopment Project, which is approximately~bounded east of I- 35W and west of Cedar Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: Such proposed assessment roll in the total amount of $77,441.46 is hereby accepted and shall constitute the special assessment. against the lands named therein, and .each tract of land therein included is hereby-found to be benefited by the proposed current services in the amount of assessment levied against it. Such assessment shall be payable before or during 2008 and shall bear interest at the rate of six percent (6%) from the date of adoption of this assessment resolution. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property to the. City's Finance Division and may, at any time thereafter, pay to the City's Finance Division the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which payment is made. 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M M M ~ C'i CrJ (`~ M t~7 ~ ~ V' R ~ ~ ~ M M M M M ~ ~Y `7 d d d ~ d d ~ '~ d d' V d ~ d ~ d V d' d d- '~ d d ~ d d N N N N N N N N N N N N N N N N N OD [O OD 00 OD [O CO OD OD OD [O 00 OD OD OD 00 00 N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O ll') lA In If) Ln In lf) lf) 117 ~ 1f1 ~ In 117 ~ 1f7 In M M M M M. M M M M M M M M M M M M 0 n M O O M O d d n n rss 0 0 0 e2 m d V n n d9 y ~: M 0 N U [6 d O .~. H r: ia~-7 RESOLUTION NO. RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT 77TH STREET PROJECT AREA JANUARY 1 THROUGH DECEMBER 31, 2009 WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did establish a special assessment district and did propose that certain current services be undertaken by the City in the 77th Street Project Area, approximately bounded by I-35W, 77th Street, I-494 and Cedar Avenue and that the cost of such services be specially assessed against benefited. property, and WHEREAS,-the City Council. of the City of Richfield did also by such resolution set the date of the public hearing on the undertaking of such current service project and the levying of special assessment to bear the cost thereof, and .WHEREAS, following. due notice, such ,public hearing was held on August 12, 2008 at which time all interested parties desiring to be heard were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows:.. 1. l"hat the following examples of current services of the City shall be undertaken by the City within the 77th Street Project Area, which area constitutes the special assessment district with the exception of residential properties, plus the two churches in the area, with the cost of such services to be specially assessed against the benefited property within the district: a. Snow, ice or rubbish removal; b. Weed elimination; c. Elimination or removal of public health or safety hazards from private property, excluding any structure included under the provisions of Minnesota Statutes Section 463.15 to 463.26; _ ,. d. Street sprinkling or other dust treatment of streets; e. Trimming and care of trees and the removal of unsound trees; f. Repair of sidewalks, crosswalks and other pedestrian walkways; g. Operation of the street lighting system; h. Maintenance of landscaped areas and other public amenities on or adjacent to street right-of-way;- i. Snow removal and other maintenance of streets; j. General maintenance, including repairs and replacement. 2. The work to be performed may be by day labor, by City force, by contractor by any combination thereof. 3: The designated period of the project shall be from January 1 through December 31, 2009. Costs of the project shall be in the manner provided in the Richfield Ordinance Code. . Passed by the City. Council of the City. of Richfield, Minnesota this 12th day of August, 2008. • Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk. • '~~''Q N LL a voi J H O H Z O O 0 Q H Z Q O ~ J w W LL ~, U ~ _ ~ " LL ~ ,; Q . ~ H ~ a U x W O C W O Q Z O d M N V O ~ O N of ~ N W ~ Q 7 ~ ~ a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0" 0 0 0 0 0 0 0 0 N O aD ~ O O O O O O O b~ c0 oD f V CD ~ O 0 00 ~n 4i n _ o 0 0 0~ o 0 0 0 o v rn o v o N n N V^ v? i17 ~ '7 4? ~. v? i!'7 r l[) tt 'R h r ~ O 00 m N ~ 0 f0D O N .40"1 OD OD N O 0 O N N C4. tD N 0 r r N ~ 4i V v V ao rn n rn in v7 47 v7 m 47 ~ u7 rn ~ O O lC') CO O O ~ O O O M l[y LL') m O to W O n L[') N fM n n O ~ N~ oD N N oD o0 t0 aD M C Q7 O O O O O CD 00 O1, 47 ~ M 0 W OD 00 OO '7. M 0 O O V O a0 O OD M ~ V CO N N ~L7 cD ~ N N V' ~ EH H3 fA fA 69 ER to d3 H9 EA Efl K! H9 f/9 Ei? 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O O O O O O O O O O O O O O O N O O O O O O O - O O O O O O O O O O U (ri M M f~7 ~ M C7 07 M C~ C ~7 ~ ~ V 'ct - ~ (6 M M M M M V ~ ~ V' '7 R ~ ~ V ~ R ~ d a v v v v v v v v v v v v v v v v o N N N N N N N N N N N N N N N N N W 00 p p W p p p O W OD 00 00 00 c0 00 GO ~~ ~ . N N N N N N N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~c ~n ~n ~n ui ui ~ in ~n ui ~n ~n in in ~n ~n ~n ~n o M- M M M M M M M M M M M M M M M M H ~aA-r3. i 6700 Portland Avenue • Richfield,: Minnesota 55423-2599 cPIN» «oName1» «oName2» «ADDRESS» «CSZ» - NOTICE OF ASSESSMENT HEARING NOTICE OF HEARING ON PROPOSED ASSESSMENT FOR CERTAIN SERVICES OF THE CITY WITHIN THE 77TH STREET REDEVELOPMENT AREA FROM JANUARY 1, 2007 -DECEMBER 31, 2007 NOTICE IS HEREBY GIVEN thatthe Richfield City Council will hold an assessment hearing on the date and at the time and place given below, to pass upon the proposed assessment for the maintenance of the 77th Street Redevelopment area in the City. DATE, TIME AND PLACE OF HEARING: August 12, 2008, at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda, at Richfield City Hall, 6700 Portland Avenue South, Richfield, Minnesota 55423 • NATURE OF IMPROVEMENT AND AREA TO BE ASSESSED: From January 1, 2007 through December 31, 2007, the City of Richfield incurred costs for maintenance of the 77th Street area, including such work as landscape maintenance of common properties, including mowing, fertilizing irrigation repair; and other maintenance services. The City proposes to assess the costs for maintenance in the 77th Street project area, which totaled $77,441.46, against the properties that benefited from this .work. PROPOSED AMOUNT OF ASSESSMENT: The total amount to be assessed against all properties is $77,441.46. The amount to be assessed against your particular property is: «TotalAmt». Payment can be made after the assessment is adopted and before November 15, 2008 at the City of Richfield Assessor's office, 6700 Portland Avenue, Richfield, MN 55423. Please make your check payable to the City of Richfield. A copy of the proposed assessment roll is on file for public inspection at the City Clerk's. office, 6700 Portland Avenue South, Richfield, Minnesota. - THIS IS THE ONLY NOTICE YOU WILL RECEIVE OF THIS ASSESSMENT. NO SEPARATE BILLING WILL OCCUR. PLEASE DO NOT MAIL PAYMENT BEFORE THE ASSESSMENT HEARING ON AUGUST 12, 2008. Telephone (612) 861-9700 • Fax (612) 861-9749 • ~aA-~~ PAYMENT OF ASSESSMENT: You may pay your assessment at any time after the assessment has been adopted by presenting a check to the City Treasurer at the Assessor's office, 6700 Portland Avenue South,. Richfield, Minnesota 55423. Unpaid assessments accrue interest at the rate of six percent (6%) per year. The amount of interest payable depends upon when your payment is made, and the following deadlines apply: Payment within 30 days of adoptedassessment: If the original principal amount of the assessment is $300 or more, you may make a partial prepayment of $100 or more within 30 days from the date the Council .adopts the assessment, scheduled for August 12, 2008. No interest will be charged on the prepaid. portion. Partial prepayments are not allowed after the 30-day period. The unpaid balance will be spread over the life of the adopted assessment. Six percent (6%) interest will not be charged if the entire assessment is paid before November 15tH Payment on or after November 15, 2007: Interest at the rate of six percent (6%) will be charged, calculated from the date of adoption of the assessment until the date of payment. Interest is calculated for 17 months on the first year of the assessment and 12 months thereafter. There is a $1.50 surcharge per year over the life of the assessment when certified to the property tax. Questions regarding .the assessment payment procedure should be directed to Annabelle Thomas at 612-861-9714. n LJ DEFERRED ASSESSMENTS: Under Minnesota Stat. Secs. 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person- who meets certain age or disability restrictions and for whom it would be a hardship to make.the payments. The policy and procedure for deferment is set forth in City Resolution No. 9531, which may be obtained from the City Clerk. When deferment of the special assessment has been granted and is terminated for any reason provided in law ,all amounts accumulated .plus applicable interest become .due. Any assessed property owner meeting the-requirements of the-law and the resolution may, within 30 days of the confirmation of the assessment, apply to the City Clerk for the prescribed form for deferral of this special assessment. HEARING PROCEDURE AND OBJECTIONS: The City Council will conduct a public hearing on the proposed assessment on the date and time fisted. Written and oral objections will be considered at the meeting, but the .Council may consider any objection to the amount of a proposed. individual assessment at an adjourned meeting upon further notice to the affected property owners, as the- Council deems advisable. The Council:. may adopt the. proposed assessment at the same meeting as the hearing. RIGHT TO APPEAL: You have the right to appeal the City Council's adoption of the assessment. To appeal, you must serve notice of an appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment, and you must also file the notice of appeal with the Hennepin County District Court within ten days after service upon the Mayor or City Clerk. You may not appeal unless You file a written objection, signed by you, with the City Clerk prior to the hearing on August 12 2008 or present the written obiection to the presiding officer at the hearing on August 12th. BY ORDER OF THE CITY COUNCIL THIS 26TH DAY OF JUNE, 2007 • Nancy Gibbs, City Clerk Questions concerning this assessment amount should be directed to Randy Hughes, Operations Coordinator, at 612-861-9175. • • W W O O ~ , O T1 am r Z ~ r m ~ z ~ z c: m v -~ C • AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 12B REPORT # 2OO ~~ STAFF REPORT CITY COUNCIL MEETING • • AUGUST 12,.2008 REPORT PREPARED BY: ~~Z' HUGHES, OPERATIONS SUPERINTENDENT DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: SIGNATURE ITEM .FOR COUNCIL CONSIDERATION: Public hearing regarding the attached resolutions pertaining to the annual L ndale/HUB/Nicollet 'LHN maintenance°assessment rocess L RECOMMENDED ACTION: By Motion: • Adopt the attached resolution declaring costs to be assessed ,and. ordering preparation of the proposed assessment roll for 2007 Lyndale/HUB/Nicollet (LHN) .Maintenance. • Adopt the attached resolution proposing a similar assessment process to be implemented for 2009. IL BACKGROUND The Lyndale/HUB/Nicollet (LHN) maintenance assessment was established to recover extraordinary maintenance expenses in the LHN (Lyndale, Hub, Nicollet) area in 1981. The extraordinary services include irrigation and weeding and mowing of landscaped areas. The LHN Redevelopment Area is approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue. City staff has determined actual costs of current services to be assessed for the 2007 .maintenance of this area and estimated costs for the 2009 maintenance. III. BASIS OF RECOMMENDATION 08121hn0709assess • • • A. POLICY • Resolution No. 6372, adopted in 1981, established a policy for assessing the costs.. ' • Staff has calculated the proper amounts to be assessed against every assessable iot, piece or parcel of land specially benefited. The proposed assessment was properly filed with the City Clerk, notice was published in the official newspaper and notices were mailed to the owner of each parcel described in the assessment roll. • Notice of the public hearing for the proposed maintenance costs in 2007 was mailed to all owners of commercial property in the area and was published in the official newspaper July 31, 2008, as required by law. B. CIUTICAI, ISSUES • On or before September 1 of each year, the City shall list the total unpaid charges for current services.against each separate lot or parcel to which they are attributable under section 825 of the City Code. The City does not assess residential properties for maintenance costs in the LHN maintenance district. C. FnvalvclaL • Total cost for 2007 LHN maintenance services is $51,605.29. • 'City ordinance provides that special assessments for current services may be certified to the County Auditor for collection along with taxes. It is the staff recommendation that such payments be due and payable .within the-first year, rather than in installments. The City has the right to charge. interest on the amount assessed in that the City provided the initial funds for the services. It is also staffs recommendation that the interest rate be established as six percent (6%). Payment may be made by the assessed owner before November 15, 2008 in order to avoid interest payments. Payments made after that date would include the interest payment. • The estimated maintenance cost for the period January 1 through December 31, 2009 is $50,0.00. All commercial properties would be assessed on the basis of area, with each square foot of assessable property to be assessed equally, for the costs incurred in the maintenance of common areas such as street islands, the civic plaza and sidewalks. Generally, the businesses maintain the property behind the curb. In the event the City must perform this maintenance, the particular business is assessed for the cost of the special, individual maintenance of direct benefit to the given property. • D. LEGAL • The City Council scheduled a public hearing for August 12, 2008 on the assessment for the cost of maintenance services performed in the • LHN development area for 2007 and to consider the establishment of a special assessment district for maintenance service costs for 2009. i The City Attorney will be in attendance at the Council meeting should a legal question arise. E. ENVIRONMENTAL CONSIDERATIONS • None. IV. ALTERNATIVE RECOMMENDATION~S~ • Council may make any changes to the assessment roll as a result of the public hearing by adding the phrase "and has amended such proposed assessment as it deems just." V. ATTACHMENTS • Resolution adopting assessments for 2007 LHN Maintenance • The 2007 assessment roll • Resolution proposing to specially assess the costs of current services for 2009 • The 2009 assessment roll • Copy of letter sent to assessed property owners • Graphic displaying Lyndale/HUB/Nicollet special assessment district • Comments/responses from assessed property owners VI. PRINCIPAL PARTIES EXPECTED AT MEETING • City staff has been available during business hours and at City Hall immediately prior to the public hearing to answer questions and concerns of property owners regarding the 2007 special assessment. • • ~a~~.f RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT FOR LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD JANUARY 1 THROUGH DECEMBER 31, 2007 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and passed upon all objections to the proposed assessment for current services related to maintenance of the Lyndale/Hub/Nicollet (LHN) Redevelopment Area, which is approximately bounded. by 64th Street, .First Avenue, 67th Street and Emerson Avenue in the City of Richfield. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: Such proposed assessment roll, in the total amount of $51,605.29 is hereby accepted and shall constitute the special assessment against the lands named therein, and. each tract of land therein included is hereby found to be benefited by the proposed current services in the amount of assessment levied against it. Such assessment shall be payable before or during 2008 and shall bear interest at the rate of six percent (6%) from the date of adoption of this assessment resolution. • The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property to _ the. City's Finance Division, and may, at anytime thereafter, pay to the City's Finance Division the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which payment is made. Such payment must be made before November 15 or interest will. be charged through December 31 of the succeeding year. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the proper tax lists of the County and such assessment shall be collected and paid over in the same manner as other municipal taxes. 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RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE JANUARY 1 THROUGH DECEMBER 31, 2009 WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did establish a special assessment district and did propose that certain services be undertaken by the City in the Lyndale/HUB/Nicollet Redevelopment Area approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue and that the cost of such services be specially assessed against benefited property, and WHEREAS, the. City Council of the City of Richfield did also by such resolution set the date of public hearing on the undertaking. of such current service project and the .levying of special assessment to bear the cost thereof, and WHEREAS, following due notice, such public hearing was held on August 12, 2008 at which time all interested parties desiring to be heard were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. That the following examples of current services of the City shall be undertaken by the., City within the LHN„.Redevelopment. Project. Area,. which.. area constitutes the. special. assessment district with the exception of single family, two family and multifamily residential properties, with the cost of such services to be specially assessed against the benefited property within the district: a. Snow, ice or rubbish removal; b. Weed elimination; c. Elimination or removal of public health or safety hazards from private property, excluding any structure included under the provisions of Minnesota Statutes Section 463.15 to 463.26; d. Installation and repair of water service lines; e. Street sprinkling or other dust treatment of streets; f. Trimming and care of trees and the removal of unsound trees; g. Repair of sidewalks, crosswalks and other pedestrian walkways; h. Operation of the street lighting system; i. Maintenance of landscaped areas and other public amenities on or adjacent to street right-of-way; j. Maintenance of civic plaza; k. Snow removal and other maintenance of streets; I. repair of furniture; and m. General maintenance, including repairs and replacement. 2. The work to be performed may be by day labor, by City force, by contract or by any combination thereof. • 1~~~~ 3. The designated period of the project-shall be from January 1 through December 31, 2009. Costs of the project shall be collected in the manner provided in the Richfield Ordinance Code. Passed by the City Council of the City of Richfield, Minnesota, this 12th day of August, 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • • • • ~~ N LL CA d U ^ C 4 C {"' C C C 4 F Z C Q J W N J LL _ ~ °' • U J _ : .. ...,.. ._ . , ~ . 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J CC) (A O M CO M O O O M M O h Cn C O ~ el' DD ~ N t0 ~ ~ M COO M M O) O n CV E19 El9 fH ~. fA EH H9 CA lA ~o 0 n 0 M n N O iO iO O O EA Z O O O O O O O O ~ (A ~ dT EH fH d9 VT CA Q Z rn M ~ M o ~ rn v O '7 ~ O h N O n M COO M M ~ ~ ~ Q (V C!} fR d} ~. fR HT H3 fA fH O C J W_ .-~ 2 2 LL ~, g ¢ ~ • = N ~_ ~_ W U V J ~ ~ U p J W U LL ~ ~ ~ ~ > N U U _U ^ ~ W • ~ J ~~ J Q I_ d >>~ d z w U w V~ w w O O vUi '~ z ~ > > U ~ W U to Y Y g ^ ~ ~ ~ w w nW. ~ W ~ ~ CD ti W U ~ W >- Z W O ~ ~ U ~ ~ ~ U cQ 2 I- ~ ~ > j ~ O O w ~ j ~ ~ W W ~ W Z W W W ~ W W W W ~ ~ Q Q Q Q Q W ~ W ~ j W W ~ ~ Z O ~ O J p ~ coo coo H O I- t- J ~ J Z J J W W U ~ 0 0 0 °" ~ ~ °v ~ m c~'o ~ °cv m N N ~ h a0 W N O O O pp M M l0 f~ O 00 M O_ ~ O O O O O O O O O N H M M M ~~ ~ ai ~ N W N N N N N N N N ~ d o 0 0 0o ao o w o0 ~ ~ 0 0 0 0 0 0 0 0 H ~ N N N N N N N N O O O H9 0 O O O O to h ,. ~,. ., 0 V1 U a O H C • .~ C. 6700 Portland Avenue. • «PI N» «oName1» «oName2» «ADDRESS» «CSZ» ~~~~ ~~ Richfield, Minnesota 55423-2599 NOTICE OF ASSESSMENT HEARING NOTICE OF HEARING ON PROPOSED ASSESSMENT FOR CERTAIN SERVICES OF THE CITY WITHIN THE LYNDALE/HUB/NICOLLET REDEVELOPMENT AREA FROM JANUARY 1, 2007 -DECEMBER 31, 2007 ~'1 U NOTICE IS-HEREBY GIVEN that the Richfield City Council will hold an assessment hearing on the date and at the time and place given below, to pass upon the proposed assessment of maintenance services to that area known as the Lyndale/Hub/Nicollet (L/H/N) Redevelopment Area in the City. DATE, TIME AND PLACE OF HEARING: August 12, 2008, at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda, at Richfield City Hall, 6700 Portland Avenue South, Richfield, Minnesota 55423. NATURE OF IMPROVEMENT AND AREA TO BE ASSESSED: From January 1, 2007 through December 31, 2007, the City of Richfield incurred costs for maintenance of the L/H/N area, including such work as landscape maintenance of common properties, including mowing, fertilizing, irrigation repair and other maintenance services. The City proposes to assess the costs for L/H/N maintenance and repair; which totaled $51,605.29 against the properties which benefited from this work. PROPOSED AMOUNT OF ASSESSMENT: The total amount to be assessed against all properties is $51,605.29. The amount to be assessed against your particular property is: «TotalAmt» Payment can be made after the assessment is adopted and before November 15, 2008 at the City of Richfield Assessor's office, 6700 Portland Avenue, Richfield, MN 55423. Please make-your check payable to the City of Richfield. A copy of the proposed assessment roll is on file for public inspection at the. City Clerk's office, 6700 Portland Avenue South, Richfield, Minnesota. THIS IS THE ONLY NOTICE YOU WILL RECEIVE OF THIS ASSESSMENT. NO SEPARATE BILLING WILL OCCUR. PLEASE DO NOT MAIL PAYMENT BEFORE THE ASSESSMENT HEARING ON AUGUST 12, 2008. r1 U Telephone (612) 861-9700 • Fax (612) 861-9749 • C] 'p~~ J ~ 1 PAYMENT OF ASSESSMENT: You may pay your assessment at any time after the assessment has been adopted by presenting a check to the City. Treasurer at the Assessor's office, 6700 Portland Avenue South, Richfield, Minnesota 55423. Unpaid assessments accrue interest. at the rate of six percent (6%) per year. The amount of interest payable depends upon when your payment is made, and the following deadlines apply: • • Payment within 30 days of adopted assessment: If the original principal amount of the assessment is $300 or more, you may make a partial prepayment of $100 or more. within 30 days from the date the Council adopts the assessment, scheduled for August 12, 2008. No interest will be charged on the prepaid portion. Partial prepayments. are not allowed after the 30-day period. The unpaid balance will be spread over the life of the adopted assessment. Six percent (6%) interest will not be charged if the entire assessment is paid before November 15`n Payment on or after November 15, 2008: Interest at the rate of six percent (6%) will be charged, calculated from the date of adoption of the assessment until the date of payment. Interest is .calculated for 17 months on the first year of the assessment and 12 months thereafter. There is a $1.50 surcharge per year over the life of the assessment when certified to the property tax. Questions .regarding the assessment payment procedure should be directed to Debbie Guiher at 612-861-9714. DEFERRED ASSESSMENTS: Under Minnesota Stat. Secs. 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment-for any homestead property owned by a person who meets certain. age or disability restrictions and for whom. it would be a hardship to make the payments. The policy and procedure for deferment is set forth in City Resolution No. 9531, which may be obtained from the City Clerk. When deferment of the special assessment has been granted and is terminated for any reason provided in law ,all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of the law and the resolution may, within 30 days of the confirmation of the assessment, apply to the City Clerk for the prescribed form for deferral of this special assessment. HEARING PROCEDURE AND OBJECTIONS: The City Council will conduct a public hearing on the proposed assessment on the date and time listed. Written and oral objections will be considered at the meeting, but the Council may consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon further notice to the affected property owners, as the Council deems advisable. The Council may adopt the proposed assessment at the same meeting as the hearing. RIGHT TO APPEAL: You have thee. right to appeal the City Council's adoption of the assessment. To appeal, you must serve notice. of an appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment, and you must also file the notice of appeal with the Hennepin County District Court within ten days after service upon the Mayor or City Clerk. You may not appeal unlessyou file a written objection signed by you, with the .City Clerk prior to the hearing on August 12 2008 or present the written objection to the presiding officer at the hearing on August 12th. BY ORDER OF THE CITY COUNCIL THIS 8TH DAY OF JULY, 2008. Nancy Gibbs, City Clerk Questions concerning this assessment amount should be directed to Randy Hughes, Operations Coordinator, at 612-861-9175. • • 0 N O N O N O ~ 1 O ~ (D cD • I^l r 2 Z D ~ Z ~ m cD D ~ z a n m v_ (n ~~ Zy PLEASANT NICOLLET AVE 1ST AVE s s r 2 Z D Z -~ m z D Z C7 m v n z • i ~-8-~~ 3 CITY OF RICHFIELD • Memorandum DATE: August 5, 2008 TO: Special Assessment File FROM: Randy Hughes. SUBJECT: Comments on Special Assessments .SPECIAL ASSESSMENT FOR LHN STREET DISTRICT A Comment was received from Roy Peterson regarding the tHN assessment for his property. He is the :owner of-6330 - 6340 Lyndale Avenue South. He does not believe he should be assessed. He sees no benefit-from the assessment and also stated he is not even able to rent to the public because of all of the -construction on Lyndale at this time. r1 • 0808-77th0507assess C • AGENDA SECTION: pIIBLIC HEARINGS AGENDA ITEM # 13 REPORT # 201 ~' STAFF REPORT CITY COUNCIL MEETING AUGUST 12, 2008 REPORT PREPARED BY: INTERIM DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: CHRISTINE COSTELLO, COMMUNITY ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading regarding consideration of an ordinance that would require airport noise attenuation for new single-family homes and new additions to existing single- family homes within the 2007 DNL 63-64, 2007 60-62, and 1996 DNL 65-75 contours, and new multi-family homes in the 2007 DNL 60-64 contour. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Consider the proposed Ordinance Relating to Building Standards for Residential Dwellings within the Airport Noise Contour Areas, Amending Subsection 507.07 and Section 544 of the Richfield City Code. II. BACKGROUND In 2005 the Cities of Richfield, Minneapolis, and Eagan were parties to litigation against the Metropolitan Airports Commission (MAC) to ensure that residents receive mitigation from airport noise that they were promised more than ten years previously when the State of Minnesota decided to expand the Minneapolis-St. Paul International Airport (MSP) at its existing site. • In October 2007 the lawsuit was settled, and under the terms of the settlement MAC will provide varying degrees of noise mitigation measures to single and multi-family homes. This will provide noise relief to approximately 1,200 homeowners in the community. Additionally, as part of the settlement, all the cities must present to 081208-2nd Rdg Consent Decree Ordinance DEVELOPMENT SPECIALIST r: • their City Council a draft ordinance for airport noise attenuation by September 1, • 2008 as outlined in the settlement's consent decree. The ordinance as required in the consent decree to be considered, would require: • For new single-family homes within the 2007 DNL 63-64 and 1996 DNL 65- 75 contours to use building materials with a Sound Transmission Class of 40 or higher and the installation of central air conditioning or mechanical ventilation; • New additions to existing single-family homes within the 2007 DNL 63-64 and 1.996 DNL 65-75 contours to use building materials meeting a Sound Transmission Class of 40 or higher; • New single-family homes in the 2007 DNL 60-62 contours to provide central air conditioning or mechanical ventilation; and • New multi-family homes in the 2007 DNL 60-64 contours provide central air conditioning or mechanical ventilation. On June 24, 2008 the City Council, Housing and Redevelopment Authority (HRA) and Planning Commission held a worksession regarding the City's requirement per the consent decree. At the worksession concerns about the draft ordinance were discussed. While the consent decree requires this ordinance to be presented to the City Council, the Council is not required to adopt it. On July 22, 2008 the City Council conducted a first reading of the proposed • ordinance. On July 28, 2008 the Planning Commission held their public hearing on the proposed ordinance. The Planning. Commission discussed their concerns of the ordinance in regards to additions to existing single-family residences. Discussions focused on the concern that the standards in the proposed ordinance would prevent existing homeowners from making home improvements; a goal the community has always encouraged..The Planning Commission recommended rejection of the proposed ordinance and to direct staff to rewrite an ordinance that was more in keeping with the goals of the community. III. BASIS OF RECOMMENDATION A. POLICY • As a community affected by MSP, the Metropolitan Council requires that Richfield include a noise program in our 2008 Comprehensive Plan update. Within six months of approval of the Comprehensive Plan update by the Metropolitan Council, the City Council will have to adopt a land use ordinance to prevent or mitigate aircraft noise impacts on the community. • Whatever direction the City Council provides, staff will also work on an education outreach to property owners, builders, remodelers, and real estate agents regarding the ordinance requirements. • • Additional educational outreach will include a handout that any property owner can pick up regarding insulating homes against aircraft noise. It is important that homeowners have a better understanding of what they can do to insulate their homes, whether or not their homes are located in the area to receive noise insulation. L' • B. CRITICAL ISSUES • The settlement only requires that the Council be presented this ordinance by September 1, 2008. The City Council is not required to adopt the draft ordinance before them; the Council may direct that revisions be made to the proposed ordinance. • There are concerns that the attached ordinance requirements for additions would discourage property owners from making improvements to their property. • Many home improvement products with an STC rating of 40 or higher can not be purchased from a local home improvement store. They need to be specially ordered, since most products such as windows and doors with an STC of 40 are considered acoustically engineered. • The attached ordinance would increase the staff review time for property owners applying for home improvement permits. Plans would take longer to review since most property owners come to the City with plans already drawn and proposed materials already budgeted for the project. These ordinance requirements for additions especially, would require redrafting of plans and budgets. The additional time and money may discourage some home improvements. • C. FINANCIAL • .The attached ordinance will increase home improvement costs to property owners, especially for additions since these are unexpected costs when considering remodeling. D. LEGAL • Legal counsel has reviewed the attached ordinance to ensure that it meets the requirements of the consent decree. • Legal counsel has also reviewed the proposed alternative recommendation and confirmed that it meets the requirements of the consent decree. • At a public hearing held July 28, 2008 the Planning Commission voted to recommend rejection of the motion to approve the proposed ordinance and direct staff to revise and/or rewrite an ordinance that is more in keeping with the goals of the community. (7-1, Schuller dissenting).. • A first reading by the Council was on July 22, 2008. • If adopted, the proposed changes will take effect 30 days after publication in the Sun Current. E. ENVIRONMENTAL CONSIDERATIONS • There are concerns that increased sound levels from aircraft can interfere with functions at work or disrupt sleep. • • IV. ALTERNATIVE RECOMMENDATION~S~ • Approve the attached ordinance. • Reject the attached ordinance requiring airport noise attenuation for new single-" family homes and new additions and direct staff to draft an alternate ordinance than better meets the needs of the community while honoring the spirit and intent of the proposed ordinance. If the proposed ordinance, as suggested in the consent decree, is rejected, staff could be directed to create an ordinance that is more in keeping with the needs and character of Richfield while still honoring the spirit and intent of the proposed ordinance. Such an ordinance could be presented by the end of October and address such issues as: • Defining the affected areas; • Defining an "addition" for the purposes of airport noise insulation; • Requiring new home construction and any "substantial" (yet to be defined) addition to utilize central air conditioning and building construction practices and materials (of a specified STC number) that are beneficial for reducing airport noise impacts. • Recommending that smaller additions or other remodeling projects utilize central air conditioning and building construction practices and materials (of a • specified STC number) that are beneficial for reducing airport noise impacts. At the time such an ordinance would be considered, staff would also outline the process for administering the ordinance as well as the outreach steps recommended to educate homeowners, builders and remodelers. V. ATTACHMENTS • Ordinance • 1996 and 2007 Noise Contour Map VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A • l~-I BILL NO. AMENDMENT TO RICHFIELD CITY CODE AN ORDINANCE RELATING TO BUILDING STANDARDS FOR. RESIDENTIAL DWELLINGS WITHIN THE AIRPORT NOISE CONTOUR AREAS; AMENDING SUBSECTION 507.07 AND SECTION 544 OF THE RICHFIELD CITY CODE. THE CITY OF RICHFIELD DOES ORDAIN: Subsection 507.07, Subdivision 31 of the code of the City of Richfield is amended to read as follows: 507.07, Subdivision 31 "Day-Night Average Sound Level (DNL)"-The day- night average sound level is a measure of the average noise environment over a 24-hour day. It is the 24-hour energy-averaged A-weighted sound level with a 10 decibel penalty applied to nighttime levels which occur between 10:00 p.m. to 7:00 a.m. 2. Subsection 507.07 is amended so all subdivisions, starting with "Director", are • renumbered by increasing their subdivision number by one (1). 3. Subsection 507.07, Subdivision 77 of the code of the City of Richfield is amended to read as follows: 507.07, Subdivision 77 "Noise Contours" -Lines or "footprints" of noise level usually drawn around a noise source (such as an airport, industrial plant or highway). The lines are generally drawn in 5-decibel increments so that they resemble elevation contours found in topographic maps. 4. Subsection 507.07 is amended so all subdivisions, starting with "Nonconforming building", are renumbered by increasing their subdivision number by one (1). 5. Section 507.7, Subdivision 111 of the code of the City of Richfield is amended to read as follows: 507.07, Subdivision 111 "Sound Transmission Class (STC)" - Asingle-number rating for describing the degree of sound transmission loss specified for a wall, window, partition or other building element. The higher the STC, the more attenuation the building element will afford. 6. Subsection 507.07 is amended so all subdivisions, starting with "Stall depth", are • renumbered by increasing their subdivision number by one (1). 7. Subsection 544.29 of the,code of the City of Richfield is amended to read as follows: 081208-2nd Rdg Consent Decree Ordinance • t3~a. 544.29. Airport Noise Attenuation. Subdivision 1. New single-family dwellings new additions to existing single-family dwellings, and new multi- family dwellings shall be constructed with materials and in~ such a manner that aircraft noise is attenuated by the structure to have no adverse impact on health, safety, and general welfare of residents. Subd. 2. Additions to Single-Family Dwellings. An improvement roiect which expands the habitable area of a dwelling in the 1996 65+ DNL contours and 2007 63-64 DNL contours must use materials with a sound transmission class (STC) rating of at least 40 or higher in order to achieve noise attenuation in the expanded structure. Subd. 3. New Infill/Teardown/Rebuild Single-Family Dwellings. Construction within the area of 1996 65+ DNL contours and 2007 63-64 DNL contours shall utilize materials with a STC rating of at least 40 and shall install central air conditionin or mechanical ventilation. Subd. 4. New Single-Family Dwellings. Construction within the 2007 60-62 DNL contours -shall install central air conditioning or mechanical ventilation. Subd. 5. New Mutli-Family Dwellings. Construction within the 2007 60-64 DNL contour shall install central air conditioning or mechanical ventilation. Subd. 6. Boundaries. The boundaries of the aircraft noise contours are as delineated on the City of Richfield Noise Contours October 2007 Map, on file in the office of the City Clerk for public use and inspection, and incorporated herein by reference. Passed by the City Council of the City of Richfield, Minnesota this day of August, 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • • (^_'~`J ~ O U_ ~ ~U ~~ n , O W ~~ • O UZ Z L U c T Z U 3 D J C ~ Z ~ ~o~ M ~ ~ N ~ d ~ II 1 @x ~I p it ~ ~~~ AlI{ 7{ ~ ~~~Lflj~ll~l~ ~~~~a _~'I .~ ~~t i ~ .l F{ LLJIILL~I ~ L LL LL W ~ U~I:~J L:lLl.1~lJ~ L L Li1:5 ~ ~ ® IF ~}~µ,T,~{ ry }T hr {{~~{' }II -- ~ } W1WJ_W ~ W_L.i.W~ ~ ~~ 1 11 ~? / ~ ~ ~ ® ^LL~j$ ~ y jf ~~Q I ~7"-~~~ µj ~~~j - I ~ ~ - 1 1 L U l l ll ~ 5 ~ ~ ~H ~ .~_~ L L L T ^ T fµ uT Tw ` ~ I p~' ~7 -' g( pp ~~ ^, ~} p1 y~~T}~{-T~ ~~' ~ ~ ~ { -} ~1.1~J] lll~'.1;J --{~I t W11J11 LLIJIWL~ ~e4 ~T~7~ ~~T~111~W ~ ,J 3 - ~ ~ ~ l1LL: LEi l'1ti1LLJ L ~ r ~ ' ~ ~ ~~~~~~~~77~~iIrII' r~~~¶~r~~~i~~~ ~~`~~_~~ j~~ ~Il f' i l l I I I~ ~II~T11P f1TfCTT~ I I iT 111 I ~ ®r ~_~I .i ~ i ~Hy ~{-~~~~j -T} ~ ' I ~ ~ LLJ_i LJ_Li5 ~ ~ ~ r I :Il , ~ ~ !.~ r ~/{ I SSMMII n . ,' i a ~ ~ i 55 'T ~ ~L1CCi ] L.1CllLd ~J O ~ ~ ~' ~ ~n ~ ~ ,~ ~~ 11 ~~ I[~ r p r ~ ~~ T TTT~ ~7 ~ j~j [~ ~ [[7 oti ~ IRT]_Llll ~lllllf(L[ilI_uL!i1~1u1O O1~~'11LLi~l~lf l?Ti7~111 ~i t~::; I ~I' 6'1.11'1 I~:1LLtL I i I ~tT1'.~ i ;;Ti3~iLU;_J..L;Li_J~iuii i'I"i'lll~ 11!~r"~~~; ;~T;•~ n d ~7_-_LL[~~3 Q~~ TiTlTil ' I _ I I!~ ^ 1 f IlII H ~i ~ ~ ~ u " ~ :7... 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ORDINANCE 202 STAFF REPORT CITY COUNCIL MEETING AUGUST 12, 2008 REPORT PREPARED BY: CORRINE HEINE, CITY ATTORNEY • • DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Second reading of an ordinance regulating outdoor storage and parking of recreational vehicles; amending Section 1325 of the Richfield City Code, and resolution approving ublication of the ordinance b title and summa I. RECOMMENDED ACTION: Conduct the Second Reading and By Motion: • Approve an ordinance regulating outdoor storage and parking of recreational vehicles; amending Section 1325 of the Richfield City -Code. • Approve a resolution authorizing publication of the ordinance by title and summary. II. BACKGROUND The City Council held a work session on November 27, 2007 regarding possible revisions to the City's regulations for outdoor storage and parking of recreational vehicles. At a follow-up meeting on January 22, 2008, the Council directed staff to hold two open houses for the purpose of obtaining information from the community regarding possible ordinance changes. The open houses were held on Wednesday, May 14, 2008 and Saturday, May 17, 2008 and generated significant community interest. 0812 Second Reading of Recreational Vehicle Parking and Storage Ordinance As a result of the open houses and discussions with an organized group of recreational vehicle owners, Council Member Kilian presented a list of proposed changes at the City Council meeting on July 8, 2008. The Council directed staff to prepare an ordinance consistent with Council Member Kilian's proposal. First reading of the ordinance was held on July 22, 2008. The Council requested changes to the ordinance, including provisions related to storage of canoes and kayaks. Staff has also made some minor techhical changes. The changes from first reading are shown by highlighting on the attached ordinance. (The official form of ordinance will not include the highlights, but a clean form is not included, as apaper-saving measure.) In reviewing the ordinance, Public Safety staff consulted with Fire Chief Brad Sveum regarding the existing requirement that recreational vehicles be stored at least three feet away from structures. Staff believes that requirement originated due to a concern about fire safety with large recreational vehicles. Chief Sveum believes the provision could be removed and replaced with a requirement that vehicles be stored at least three feet away from property lines and that vehicles not be parked so as to block egress windows or doors from any structure. That change is included as an alternate recommendation below. III. BASIS OF RECOMMENDATION • A. POLICY • Outdoor storage of recreational vehicles creates potential impacts on neighboring properties. • The City's regulations are intended to achieve a balance that allows reasonable, temporary storage~of vehicles incidental to a primary residential use but also maintains-the essential residential character of City neighborhoods and minimizes impacts on neighboring properties. B. CRITICAL ISSITES • The ordinance establishes standards for outdoor storage of recreational vehicles in order to minimize impacts on neighboring properties. • The ordinance establishes requirements related to storage location, size of vehicles, coverings for vehicles, parking surfaces, and other requirements. C. FINANCIAL • N/A • D. LEGAL • The City Attorney assisted in the preparation of the proposed ordinance. • • E. ENVIRONMENTAL CONCERNS • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Approve the proposed ordinance with an amendment that revises the three-foot distance requirement by prohibiting storage within three feet of a property line and prohibiting storage in a manner that blocks egress windows and doors from structures. • Do not approve the ordinance. This will result in no changes to the current City regulations. Table the ordinance for later consideration. V. ATTACHMENTS • Ordinance No. Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Interested members of the public n U L~ • ~~ CITY OF RIC FIELD • ~~ AN ORDINANCE REGULATING .OUTDOOR STORAGE AND PARKING OF RECREATIONAL VEHICLES; AMENDING SECTION 1325 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Section 1325 of the .Richfield City Code is amended by adding a new subsection to read as follows`. bdivision 1. Findinas. The outside or o orooerties. if unreaulated. is found to have a detrimental influence upon the public Sec. 2. Subsection 1325.03 of the Richfield City Code is amended to read as follows: 1325.03. Definitions. Subdivision 1. For purposes of this section, the following terms have the meanings assigned to them below. Subd. 2. Tha term "~prraatinnai "Recreational vehicles and equipment" means travel trailers, including those which telescope or fold down, chassis mounted campers, motor homes, tent trailers, slip-on campers, converted buses and converted vansr. that provide temporary human living quarters. A "recreational vehicle" is a vehicle that (a) is not used as the residence of the .owner or occupant; (b) is used while engaged in recreational or vacation activities: and (c) is either self-propelled or towed on the hiahwavs incidental to the The term includes snowmobiles and snowmobile trailers. boats and boat trailers. does not include manufactured homes or park trailers as those terms are mni intr~rl rtamwarS, hOUSE Cars, mntnr homes, tent trailarc clin-nn ramnars The detrimental impacts include, but are not limited to, obstruction of view on streets and private properties; preventing full -use of residential streets for residential parking; creating a cluttered and unsightly. area;. creating overcrowding • • i ~- a-. (71 ara ~ ~carl fnr tamnnrarv livinn nila~a_rs_h~tha n~ninar nr nnr_i Tnant • ('~1 ara calf-nrnnallari nr trnn~ari nn tha ni ihlir ctraatc nr hinhwavc {~ Subd. 3. "Slip-on campers" are mounted into apick-up truck in the pick- up box, either by bolting through the floor of the pick-up box or by firmly clamping to the side of the pick-up box. Subd. 4. "Utility trailer' means _" any motorless vehicle used for carrying property on its own structure while being drawn by a motor vehicle. suhdiwsiar~H. Sec. 3. Subsection 1.325.05 of the Richfield City Code is amended to read as follows: 1325.05. Permitted uses. Subdivision 1. General rule. Recreational vehicles and equipment may be parked or stored in a residential zoning district or in portions of . planned unit development districts designated for residential uses as follows: (a) in a fully enclosed structure; on any rear or side yard of a lot except the side yard of a corner lot adjacent to the street, provided that: (i) no more than one recreational vehicle peg property may be parked or stored outside of an established driveway; and (ii)_the vehicle meets the requirements of this subsection; (c) in the front yard of a lot, provided: (i) that the recreational vehicle is ,parked in an established driveway; at a location on the driveway that is farthest from the side lot line of the property; II of a Int hi it not r_Incar than thraa foot to any the vehicle is not closer than 12 feet to the curb line of the street abutting the driveway iii the vehicle does not obstruct a public sidewalk: and (iv) the vehicle meets the Subd. 2. Loadin A recreational vehicle may be stored on a lot without regard to the location on the lot for the sole and express purpose of loading and unloading for a period not in excess of 48 hours. Subd. 3. Slide-in pickup campers. Unmounted slide-in pickup campers must be stored no higher than 20 inches above the ground and must be securely • supported on at least at four corners by solid support blocks. Subd. 4. Storage. Except as provided herein, all recreational vehicles '' equipment narked or stored outside must be on wheels or must be securely • 1 ~ ~ This requirement ~"oes not apply to canoes kayaks or slide-in pickup campers that are stored in compliance with subdivision 3 of this subsection. • Subd 5 Covers. 'Except as provided herein, all snowmobiles, all terrain vehicles and boats that are parked or stored outside must be covered with a tightly fitted cover desi ned to kee out rodents and rain and is ke t free of standin water Canoes o kayaks do not require a cover if they are stared in a manner that prevents rain accumulation. Subd. 6. Licenses. All recreational vehicles or equipment parked or stored outside must display current licenses as required by applicable law for use in the state of Minnesota. Subd. 7. Location. All recreational vehicles pr equipment parked or stored outside must be located at least three feet from any building or other structure, including but not limited to fences. Canoes and kayaks are excepted from this requirement. Subd. 8. Owned by occupant. All recreational vehicles or equipment parked or stored outside must be owned by an occupant of the premises on which the vehicle or equipment is parked or stored, except as permitted by subdivision 2 of this subsection. The owner of the recreational vehicle or equipment must be able to present proof of ownership upon request of an authorized code enforcement official • Subd. 10. Parking surface. A motorized recreational vehicle parked or • stored outside must be located on a parking area constructed with concrete, asphalt concrete pavers brick set in compacted sand, or other .impervious or semi-impervious material approved by the director of community development. A non-motorized recreational vehicle must be located on either a parking area that meets the requirements for motorized vehicles or on a decorative rock surface. A decorative rock surface must meet the following criteria: a four-inch base of class five minimum rock• commercial- grade weed prevention fabric must be installed beneath the rock surface; edging must be installed to contain the rock; and the area must be maintained to prevent weed growth. The parking surface must extend to the maximum width and the maximum length of the vehicle that is parked on the surface' no portion of the recreational vehicle may extend beyond the paved or rock surface. Sec. 4. Subsection 1325.07 of the Richfield City Code is amended to read as follows: 1325.07. Prohibited uses. A recreational vehicle --ecreational vehicles any or equipment shall not be used as a permanent residence- • I'~-~ Sec. 5. Subsection 1325.11 of the Richfield City Code is amended to read as follows: • 1325.11. Inoperable Vehicle. The provisions of Subsection 1320.13 .shall be applicable to the parking and storage of recreational vehicles, in Si ihcartinn 1 ~7.n, (17 naranranh (nl and notwithstanding any other provisions of this section to the contrary. Sec. 6. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Adopted the 12th day of August, 2008 by the City Council of the. City of Richfield, Minnesota. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • r • • ~~-~ 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 REGULATING OUTDOOR STORAGE AND PARKING OF RECREATIONAL VEHICLES; AMENDING SECTION 1325 OF THE RICHFIELD CITY CODE On August 12, 2008, 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 regulates outdoor storage and parking of recreational vehicles. and equipment, including snowmobiles, all terrain vehicles, boats, campers, canoes and kayaks. Only one recreational vehicle may be stored in a • rear or side yard other than on a driveway. The ordinance establishes requirements for parking surfaces and parking or storage location; allows parking and storage of only resident-owned recreational vehicles; requires vehicles to have current applicable licenses; requires vehicles to be operable and, except for canoes, kayaks and slide-in campers, requires vehicles to have fully inflated wheels or be on wheeled .trailers. The ordinance allows only one recreational vehicle per property that exceeds 7.5 feet in width; 7.5 feet in height; and 22 feet in length. Vehicles and equipment stored or parked in violation of the ordinance are declared to be a nuisance. Copies of the ordinance are available for public inspection in the office of the City Clerk during normal business hours or upon request by calling 612-861-9880 of the Public Safety Department. 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 12th day of August, 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • • • • ~~ • AGENDA SECTION: PROP . ORDINANCE AGENDA ITEM # 15 REPORT # 2U3 ~- STAFF REPORT CITY COUNCIL MEETING AUGUST 12, 2008 C. REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: CORRINE HEINE, CITY ATTORNEY NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Second reading of an ordinance amending Section 930 of the Richfield City Code; relating to re ulation of noise I. 'RECOMMENDED ACTION: By Motion: • Adopt an ordinance amending Subsections 930.01, 930.03, 930.05, 930.11 and 930.13 of the Richfield City Code; relating to regulation of noise; and, • Adopt a resolution authorizing publication of the ordinance by title and summary. • II. BACKGROUND The City staff recently determined that the City's ordinances regarding maximum noise limits purports to establish a standard that is more strict than the noise limits established by the Minnesota Pollution Control Agency rules. State law prohibits cities from adopting noise limitations that are more strict than the state regulations. City staff has proposed an amendment that would bring the City Code into conformance with state law. 0812 Second Reading of Noise Ordinance • • The existing ordinance requires permits for central air conditioning units and authorizes the Public Safety Director to require sound mitigation for units that exceed the maximum. sound pressure levels of the ordinance. The proposed • ordinance expands those requirements to include auxiliary generators and other HVAC equipment The City Council held a first reading of the ordinance on July 22, 2008. At first reading, the City Council requested that the staff obtain clarification from the Minnesota Pollution Control. Agency regarding that agency's interpretation of state law regarding local noise regulation. The MPCA staff has confirmed that the City may not establish L10 or L50 sound pressure levels that differ from state law and has recommended that the City's ordinance conform to state law. (Please see attached a-mail letter from Anne Claflin of the MPCA) The proposed ordinance adopts state regulations by reference and therefore includes both the L10 and L50 requirements, as recommended by the MPCA staff. III. BASIS OF RECOMMENDATION A. POLICY • State law prohibits the City from adopting noise limitations that are more stringent that those established by state rules.. • The City desires to protect the peace and quietude of residential neighborhoods from noisy equipment that exceeds state limitations • B. CRITICAL ISSUES • The City Council requested written clarification from the MPCA, and no response has yet been received. C. FINANCIAL • The proposed ordinance conforms the City's noise regulations to those in state law. • The ordinance adopts state regulations by reference rather than repeating the contents of the state rules in the City ordinance. This manner of adopting state rules should assure that the City and state regulations will remain consistent. • The ordinance allows the public safety director to require sound mitigation of air conditioning units, auxiliary generators, and other HVAC equipment that exceeds maximum sound limits. D. LEGAL • The proposed .ordinance will conform City noise limits to state law E. ENVIRONMENTAL CONSIDERATIONS • Unregulated noise can disturb the peace and quietude of neighborhoods and individuals. r~ U • IV. ALTERNATIVE RECOMMENDATION~S~ • None. V. ATTACHMENTS • Ordinance No. • Resolution No. • Communication from Anne Claflin, MPCA VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None • • • 1 ~~--i BILL NO. AN ORDINANCE AMENDING • SUBECTIONS 930.01, 930.03, 930.05, 930.11 AND 930.13 OF THE RICHFIELD CITY CODE; RELATING TO REGULATION OF NOISE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 930.01 of the Richfield City Code is amended to read as follows: 930.01. Subd. 3. "Motor vehicle" means (i) any self-propelled vehicle not operated exclusively upon railroad tracks, (ii) any vehicle propelled or drawn by any self-propelled vehicle, except snowmobiles. Sec. 2. Subsection 930.03 of the Richfield City Code is amended to read as follows: 930.03. Adoption of regulations by reference. The following state agency regulations are adopted by reference: Minnesota Pollution Control Agency, Noise Pollution Control Section, B nnraR ~~4.~004 and NPC. ~ Minnesota Rules Chapter: 7030, as amended. Sec. 3. Subsection 930.05 of the Richfield City Code is amended to read as follows: 930.05. Receiving land use standards. Subdivision 1. Maximum noise levels by receiving land. use. district. • For ourooses of enforcina maximum noise levels by the receiving land use district as established by state rules, noise levels will be measured at the property line of the receiving use which is closest to the source. Subd. 2. Exceptions. The nnica limits nracrrihPri in si ihriivicinn 1 shall not annly to tha following exceptions to the maximum noise limits established by state rules shall apply: (aj construction activities described in subsection 930.09. (b) situations in which public health and safety require that immediate work be done on any property the performance of which exceeds the sound levels permitted for that time of day or for that day. (c) situations in which the purpose of the sound is to alert persons to an emergency or for the purpose of testing any alarm system. Sec. 4. Subsection 930.11 of the Richfield City Code is amended to read as follows: • • ~~-~ 930.11. Air circulation devices; auxiliary generators. Subdivision 1. Permit required. No person may permanently. install or place any sound emitting air circulation device, auxiliary generator or other heating, ventilation or air circulation mechanical equipment, ' ' in any outdoor location without first obtaining a permit for the installation. The requirement for a Hermit does not apply to a window air conditioning unit or an a emeraencv use. Subd. 2. Sound levels; mitigation required. The sound level produced by any window unit, air circulation device, auxiliary generator anri by any axictinn air circulating or other heating, ventilation or air circulation mechanical device shall be reduced in the manner required by the director of public safety. Such requirements may include, but are not limited to, placement or installation of fencing, landscaping or sound baffling equipment or relocation of the devicei if the noise results or contributes to sound levels in excess of those specified in Table L Sec. 5. Subsection 930.13 of the Richfield City Code is amended to read as follows: 930.13. Motor vehicles. Subdivision 1. General restrictions. No person may operate a motor vehicle or combination of vehicles in such a manner as to exceed the noise limits contained. in Pollution Control.Agency Rules, F nnraR a Anna Minn.. R. 7030.1000-1060, as amended. Sec. 6. 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 12th- day. of August 2008. ATTEST: Debbie Goettel, Mayor Nancy Gibbs, City Clerk • • :7 ~s~ 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 SUBECTIONS 930.01, 930.03, 930.05, 930.11 AND 930.13 OF THE RICHFIELD CITY CODE; RELATING TO REGULATION OF NOISE On August 12, 2008, 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 state noise regulations by reference and eliminates outdated references to state regulations. The ordinance requires a permit for installation. of auxiliary generators and mechanical heating and ventilation equipment and requires such equipment to be located so that the equipment will not exceed maximum sound pressure levels when operated. The • public safety director may require installation of sound. baffling for equipment that exceeds allowed noise levels. Copies of the ordinance are available for public inspection in the office of the City Clerk during normal business hours or upon request by calling 612-861-9880 of the Public Safety Department. 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 12th day of August, 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • L' • From: Claflin, Anne /5 Sent: Tuesday, August 05, 2008 3:54 PM To: Corrine Heine Cc: Steve Devich Subject: RE: Clarification regarding city regulation of noise levels Corrine, The interpretation of the statute is that any ordinance that lists a decibel level limit would likely cause conflicts with the L10 and L50 .standards, and would be in conflict with the statute that says no local governments may set maximum sound levels that are more stringent. Restricting the location of air conditioning units, operation, or other physical characteristics may have the impact of reducing sound levels, but does not refer to decibel levels, so is acceptable. Restricting locations does not cause such a direct conflict because it does not set "standards describing the maximum sound pressure levels" that are more stringent than the rules. do agree that the sound levels referenced in your Table 1 should be adjusted to match the levels in state rules and noise area classifications, and suggest that the city include both the L10 and L50 values. As a side note, in practice, when the PCA does sound level monitoring, the guidelines refer to outdoor areas that are regularly used for recreation, such as a patio, play set, • picnic table or garden seating area. We may be near the property line, especially in residential areas, but the standard is not applied exactly at the property line. In residential areas this is usually not an issue because of the short distances and the nature of the sound will not change significantly, but it can be an issue in rural areas or areas with large lots. I hope this clarifies the issue, but please let me know if any other. information is needed. Anne Claflin Environmental Analysis and Outcomes Division Minnesota Pollution Control Agency • f ~ U AGENDA SECTION: PROP. "ORDINANCES AGENDA ITEM # j( REPORT # 20LE ~~ STAFF REPORT CITY COUNCIL MEETING AUGUST 12, 2008 • REPORT PREPARED BY: INTERIM DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: KAREN BARYON, COMMUNITY ITEM FOR COUNCIL CONSIDERATION: Consideration of a proposed resolution, and first reading of an ordinance calling for the establishment of a one-year moratorium on the development of certain properties in the Penn Avenue Corridor between Hi hwa 62 and 68th Street. L RECOMMENDED ACTION: By Motion: Adopt the attached proposed resolution, conduct a first reading of an ordinance and schedule a second reading of an ordinance for September 11, 2008 establishing aone-year moratorium on the development of certain properties in the -Penn Avenue Corridor between Hiahwav 62 and 68th Street. _ II. BACKGROUND Since late 2007 staff has been working with Hoisington Koegler Group Inc. and the Penn Crossings Advisory Group to develop a Master Revitalization Plan and Design Standards for Penn Avenue between Highway 62 and 68th Street. The purpose of the Master Revitalization Plan and Design Standards are to ensure a cohesive development of the Corridor as reinvestment, revitalization, and redevelopment occur. In an effort to ensure the vision is fully incorporated, the Penn Crossings Advisory Group has recommended and requested that the City implement a development 081208 Penn Avenue Moratorium DEVELOPMENT MANAGER • C. moratorium for the Corridor to allow for the completion and adoption of the Master Plan and Design Standards. Additionally, the Comprehensive Plan for the City of Richfield is currently in the process of being updated, as is required decennially. The 2008 Comprehensive Plan designates the properties along Penn Avenue between Highway 62 and 68th Street as Mixed-Use. In order to ensure that future development is consistent with the guidance provided by the Master Revitalization Plan, Design Standards, and the Comprehensive Plan, staff is recommending a moratorium on new construction or major additions to certain properties zoned Commercial, Industrial, or Multi-Residential along the Penn Avenue Corridor between Highway 62 and 68th Street for a period of one-year. This proposed moratorium would prohibit the issuance of building permits for new construction, significant facade improvements, signs, and for additions exceeding 500 square feet in size. Permits for interior remodeling, exterior maintenance, minor improvements, and wall signs related to change in tenancy would not be prohibited under this moratorium. III. .BASIS OF RECOMMENDATION i A. POLICY • The Comprehensive Plan is meant as a guide for directing growth and development in Richfield. • Section 506.03 of Richfield's Zoning Ordinance states as its foremost purpose, "to assist in the implementation of the City's Comprehensive Plan." Development could occur in this area that satisfies the minimum requirements of the Zoning Ordinance, but does not meet the intent of the Comprehensive Plan, or the forthcoming Penn Corridor Master Plan. In order to prevent future development that does not meet the intent of the Comprehensive. Plan, and may ultimately become legally non- conforming uses upon a potential change in zoning classification, a moratorium on new construction and major additions are proposed while this planning study is conducted B. CRITICAL ISSUES • There is a potential for the submittal of zoning or building permit applications which do not meet the intent of the Comprehensive Plan, and may ultimately become legally non-conforming uses upon a potential change in zoning classification. • The moratorium can be ended prior to the one-year expiration by motion of the City Council. • C. FINANCIAL • N/A D. LEGAL • Richfield Legal Counsel has reviewed the attached resolution and ordinance. E. ENVIRONMENTAL CONSIDERATIONS • The Penn Corridor Design Guidelines will call for use of "green" and/or sustainable building practices where practicable. IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve the proposed resolution and ordinance of first reading. • Approve the proposed resolution, but modify the ordinance. • Approve the proposed resolution and ordinance with modifications. V. ATTACHMENTS • A proposed resolution establishing aone-year moratorium on the development of certain properties along the Penn Avenue Corridor. • A proposed Ordinance establishing aone-year moratorium on the i development of certain properties along the Penn Avenue Corridor. • Map depicting Moratorium Area • Map depicting current zoning along the Penn Avenue Corridor VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • • l~-I • CITY OF RICHFIELD STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION ESTABLISHING A ONE YEAR MORATORIUM ON THE DEVELOPMENT OF CERTAIN PROPERTIES IN THE PENN AVENUE CORRIDOR BETWEEN HIGHWAY 62 AND 68TH STREET THAT ARE GUIDED MIXED-USE, AND . DIRECTING THAT A PLANNING STUDY BE CONDUCTED WHEREAS, The Richfield Comprehensive Plan (2008-2018) (the "Comprehensive Plan") designates certain areas along the Penn Avenue corridor between Highway 62 and 68th Street ("Penn Avenue Corridor") as Mixed-Use; and WHEREAS the Comprehensive Plan provides that the intent of the mixed use category is to create a traditional town. center that is a vibrant, pedestrian- oriented district. The district would accommodate residential, shopping, recreational and businesses uses in a flexible arrangement that captures. the spirit and intent of .the Penn Avenue Revitalization Master Plan; and WHEREAS the Comprehensive Plan states that the Penn Corridor is a target area, for redevelopment; and WHEREAS the Comprehensive Plan recognizes the Penn Avenue Revitalization as an influencing planning effort; and • WHEREAS the Comprehensive Plan contemplates that in 2008 the City of Richfield completed a revitalization master plan for the Penn Avenue corridor between 68th Street and Highway 62. This area is one of the few remaining commercial nodes in the community without a clear vision. The purpose of the Penn Avenue Revitalization Master Plan is to establish a 20 year vision for change in the corridor including 1) establish tools to guide future public and private investments, 2) establish a distinctive identity, and 3) maintain respect for the physical and social environment; and WHEREAS Section 4.1 of the 2008 Comprehensive Plan identifies as a guiding goals and policies the need to develop identifiable nodes, corridors and gateways throughout the community by encouraging a mix of uses that serve a market in and around Richfield in community commercial nodes, encouraging a mix of uses that serve surrounding local neighborhoods in neighborhood commercial nodes, establishing a land use pattern and supporting infrastructure that creates a "walkable" environment, and develop residential standards (scale, density, etc.) for redevelopment areas that creates neighborhood character; and WHEREAS the City has not adopted any plans or land use studies specific to the Penn Avenue Corridor area within the last five years; and WHEREAS the land within the Penn Avenue Corridor that is guided- for Mixed-use use is presently zoned as either General Commercial C-2, Industrial I, or MR-2 Multi-Residential -Medium Density; and • WHEREAS the current zoning classifications restrict redevelopment in the area to the specific requirements of each land use and lack fully developed standards to guide future redevelopment; and WHEREAS the current Industrial I zoning classification is inconsistent "and incompatible with the guided Mixed-Use zoning; and • J~ • WHEREAS at the present time there is no zoning .classification that appropriately corresponds to the types of uses contemplated for the Penn Avenue Corridor area. and, accordingly the City Zoning Code does not adequately guide development within the Penn Avenue Corridor area with respect to the desired traditional town center model; and WHEREAS Minnesota Statutes Section 473.865, subdivision 3 requires that official controls, such as zoning codes, that are inconsistent with the Comprehensive Plan be amended within nine months of adoption of the Comprehensive Plan so as not to conflict with the Comprehensive Plan; and WHEREAS Section 3.9 of the 2008 Comprehensive Plan expresses the community's intention to pursue major redevelopment opportunities in the City; and WHEREAS the City .has received at least one inquiry about potential redevelopment of property within the Penn Avenue Corridor that further evidences the need for the :City to bring its official controls into conformance with its Comprehensive Plan; and WHEREAS the lack of an adequate and available zoning classification that. corresponds to the Mixed-Use land use .plan designation is a barrier to staged and orderly implementation of the Comprehensive Plan and is contrary to the fundamental precepts of orderly municipal planning; and WHEREAS the public interest will be harmed if piecemeal development is • permitted to continue according to zoning standards that conflict with the stated goals of the Comprehensive Plan; and . WHEREAS the City Council has determined a need to undertake a study to determine the appropriate land uses for the land in the Penn Avenue Corridor that is guided for Mixed-Use; and WHEREAS upon completion of the study, the City Council, together with such city commissions as the City Council deems appropriate or as may be required by law, will consider the advisability of amending certain official controls, which may include the City's Comprehensive Plan, zoning ordinance, and capital improvement program, or other official controls. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHFIELD, MINNESOTA as follows: 1. The City Council finds that it is necessary to conduct planning studies to determine the appropriate land use controls that should apply to properties that meet all of the following characteristics: a. The lands have a Comprehensive Plan land use guide plan designation of Mixed-Use; and b. The lands are located within the Penn Avenue Corridor, which is defined as that area lying along Penn Avenue between Highway 62 to the North and 68th Street to the South, and Queen Avenue to the West and Oliver Avenue • to the East; and c. The lands have a current zoning classification of General Commercial C-2, Industrial I, or Multi-Residential MR-2. r-~ ~J • Icy-3 2. The purpose of the studies to be conducted includes, but is not limited to . determining the appropriate land use and development standards that should apply to such property and determining the appropriate changes, if any that should be made to the City's official land use controls, including but not limited to the City's Zoning Ordinance, Comprehensive Plan and Capital Improvement Program. 3. The City Council finds that there is a need to adopt a moratorium ordinance for a portion of the City ("Moratorium Area"), while the studies referenced in paragraph 1 of this resolution are being conducted. The Moratorium Area includes those properties generally described in the preceding paragraph 1 and shown in the attached Exhibit A. 4. The City Council finds that this moratorium should apply to the following types of land use applications, as more specifically described at section 3.02 below: requests for rezoning, subdivisions, conditional use permits, site plan review, and building permits for construction in excess of 500 square feet, all signs, or exterior remodeling. 5. A study is authorized to be conducted by-City staff, to be followed by consideration of potential changes to the. city's official land use controls by the City Council and such other commissions of the City as required by law or as directed by the City Council. 6. Pending completion of the study and adoption of any amendments to the City's official controls, a moratorium is established on the issuance of City approvals for • the properties in the Moratorium Area, as provided in this section: a. Except as provided at subparagraph c of this paragraph, no building permit may be issued (i) for the expansion of any existing use in the Moratorium Area, where the expansion is greater than 500 square feet, or (ii) for the establishment of a new use; or (iii) for exterior remodeling or facade improvements; or (iv) for the construction of a new building. b. Except as provided at subparagraph c of this paragraph, no applications for any of the following approvals may be granted or processed during the period of the moratorium: rezoning, comprehensive land use plan amendment, subdivision or consolidation approval, variances, conditional use permits, site -plan approval, free-standing or monument signs, or changes in curb cut location. c. The moratorium will not apply to building permits issued for routine maintenance or routine repairs of an existing use that do not constitute an expansion or a change in use. The moratorium will not apply to interior remodeling or improvements. The moratorium will not apply to wall signs related to change in tenancy. 7. During the period of the moratorium, applications for any such approvals related to property in the Moratorium Area shall not be accepted by the City nor shall the Planning Commission or City Council consider or grant approval of any such application, except after approval of the City Council as provided in paragraph 9 of this resolution. • 8. The Moratorium established by this resolution shall .apply to any application pending as of the date of this resolution, but it-shall not apply to a subdivision or consolidation that has received preliminary plat approval prior to the adoption of this resolution, ,nor shall the moratorium extend the timeline for acting upon an application as provided in Minnesota Statutes, Section 15.99. Any application Ie-~ submitted to which the moratorium applies shall be denied unless the application • includes a specific request that. it be excepted from the moratorium, in which case the City staff shall submit the application to the City Council for consideration of granting an exception. 9. The City Council may approve exceptions to this moratorium for an application if the City Council, in its sole discretion, determines that the approval being sought will not interfere with the purposes for which this moratorium was adopted. 10. Unless earlier repealed by the City Council, the moratorium established under this resolution shall remain in effect for a period of one year after its effective date. 11.This resolution is effective upon adoption. Deborah Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • • • i~-~ - CITY OF RICHFIELD STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE ESTABLISHING A ONE YEAR MORATORIUM ON THE DEVELOPMENT OF CERTAIN PROPERTIES IN THE PENN AVENUE CORRIDOR BETWEEN HIGHWAY 62 AND 68TH STREET THAT ARE GUIDED MIXED-USE, AND DIRECTING THAT A PLANNING STUDY BE CONDUCTED THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background. 1.01. The Richfield Comprehensive Plan (2008-2018) (the "Comprehensive Plan") designates certain areas along the Penn.Avenue corridor between Highway 62 and 68th Street ("Penn Avenue Corridor") as Mixed-Use. 1.02. The Comprehensive Plan provides that the intent of the mixed use category is to create a traditional town center that is a vibrant, pedestrian-oriented district. The district would accommodate residential, shopping, recreational and .businesses .uses. in a flexible arrangement that captures the 'spirit and intent of the Penn Avenue Revitalization Master Plan. 1.03. The Comprehensive Plan states that the Penn Corridor is a target area for redevelopment. 1.04. The Comprehensive Plan recognizes the Penn Avenue Revitalization as an influencing planning effort. 1.05. The Comprehensive Plan contemplates that in 2008 the City of Richfield completed a revitalization master: plan for the Penn Avenue corridor between 68th Street and Highway 62. This area is one of the few remaining commercial nodes in the community without a clear vision. The purpose of the Penn Avenue Revitalization Master Plan into establish a 20 year vision for change in the corridor including 1) establish tools to guide future public and private investments, 2) establish a distinctive identity, and 3) maintain respect for the physical and social environment. .1.06. Section 4.1 of the 2008 Comprehensive Plan identifies as a guiding goals and policies the need to develop identifiable nodes, corridors and gateways throughout the community by encouraging a mix of uses that serve a market in and around Richfield in community commercial nodes, encouraging a mix of uses that serve surrounding local neighborhoods in neighborhood commercial. nodes, .establishing a land use pattern and supporting infrastructure that creates a "walkable" environment, and develop residential standards (scale, density, etc.) for redevelopment areas. that creates neighborhood character. 1.07. The City has not adopted any plans or land use studies specific to the Penn., Avenue Corridor area within the last five years. • 1.08. The land within the Penn Avenue Corridor that is guided for Mixed-use use is presently zoned as either General Commercial C-2, Industrial I, or MR-2 Multi-Residential -Medium Density. 1(~ ~ ~O 1.09. The current zoning classifications restrict redevelopment in the area to the specific requirements of each land use and lack fully developed standards to • guide future redevelopment. 1.10. The current Industrial I zoning classification is inconsistent and incompatible with the guided Mixed-Use zoning. 1.11. At the present time there is no zoning classification that appropriately corresponds to the types of uses contemplated for the Penn Avenue Corridor .area and, accordingly the City Zoning Code does not adequately guide development within the Penn Avenue Corridor area with respect to the desired traditional town center model 1.12. Minnesota Statutes Section 472.865, subdivision 3 requires that official controls, such as zoning codes, that are inconsistent with the Comprehensive Plan be amended within nine months of adoption of the Comprehensive Plan so as not to conflict with the Comprehensive Plan. 1.13. Section 3.9 of the 2008 Comprehensive Plan expresses the community's intention to pursue major redevelopment opportunities in the City. 1.14. The City has received at least one inquiry about potential redevelopment of , property within the Penn Avenue Corridor that further evidences the need for the City to bring its official controls into conformance with its Comprehensive Plan. 1.15. The lack of an adequate and available zoning classification that corresponds to the Mixed-Use land use plan designation is a barrier to staged and orderly implementation of the Comprehensive Plan and is contrary to the fundamental precepts of orderly municipal planning. 1.16. The public interest will be harmed if piecemeal development is permitted to continue according to zoning standards that conflict with the stated goals of the Comprehensive Plan. 1.17. The City. Council has determined a need to undertake a study to determine the appropriate land uses for the land in the Penn Avenue Corridor that is guided for Mixed-Use. 1.18. Upon completion of the study, the City Council, together with such city commissions as the City Council deems appropriate or as may be required by law, will consider the advisability- of amending certain official controls, which may include the City's Comprehensive Plan, zoning ordinance, and capital improvement program, or other official controls. 1.19. Minnesota Statutes, Section 462.355, subdivision 4 allows the City to adopt an interim ordinance for the purpose of protecting the planning process and the health, safety, and welfare of its citizens. Sec. 2. Findings. 2.01 The City Council finds. that it is necessary to .conduct planning studies to • determine, the appropriate land use controls that should apply to properties that meet all of the following characteristics: a. The lands have a Comprehensive Plan land use guide plan designation of Mixed-Use; and .7 ~P "~ b. The lands are located within. the Penn. Avenue Corridor, which is defined. as that area lying along Penn .Avenue between Highway 62 to the North and 68th Street to the South, and Queen Avenue to the West and Oliver Avenue to the. East; c. The lands have a current zoning classification of General Commercial C-2, Industrial I, or Multi-Residential MR-2. 2.02 The. purpose of the studies to be conducted includes, but is not limited. to determining the appropriate landuse and development standards that should apply to such property and determining the appropriate changes, if any that should be made to the. City's official land use controls, including but not limited to the City's Zoning .Ordinance, Comprehensive Plan and Capital. Improvement Program. 2.03 The City Council finds that there is a need to adopt a moratorium ordinance for a portion of the City to prevent development within the Moratorium Area as shown in Exhibit A, while the studies referenced in section 2.01 are conducted. 2.04 The City Council finds that this moratorium should apply to the following types of land use applications, as-more specifically described at section 3.02. below: requests for rezoning, subdivisions,: conditional use. permits,. site plan review, and building permits for construction in excess of 500 square feet, all signs, or exterior remodeling. • Sec. 3. Planning Study: Moratorium. 3.01. A study is authorized to be conducted by City staff, to be followed by consideration of potential changes to the city's official .land use controls by the City Council and such other commissions of the City as required by law or as directed by the City Council 3.02. Pending completion of the study and adoption of any amendments to the City's official controls, a moratorium is established on the issuance of City approvals for the properties in the Moratorium Area, as provided in this section: a. Except as provided at paragraph c of this section 3.02, no .building permit may be issued (I) for the expansion of any existing use in the Moratorium Area, where the expansion is greater than 500 square feet, or (ii) for the establishment of a new use; or (iii) for exterior remodeling or facade improvements; or (iv) for the construction of a new building. b. Except as provided at paragraph c of this section 3.02, no applications for any of the following approvals may be granted or processed during.: the period of the moratorium: rezoning, comprehensive land use plan amendment, subdivision or consolidation .approval, variances, conditional use permits, site plan approval, free-standing or monument signs, or .changes in curb cut location. c.: The moratorium will not apply to building permits issued for routine . maintenance or routine repairs of an existing use that do not constitute an expansion or a change in use. The moratorium will not apply to interior. remodeling or improvements. The moratorium will not .apply to wall signs related to change in tenancy. • • i ~- 8 3.03 During the period of the moratorium, applications for any such approvals related to property in the Moratorium Area shall not be accepted by the City nor shall the Planning Commission or City Council consider or grant approval of any such application, except after approval of the City Council as provided in section 3.05 of this ordinance. 3.04 The Moratorium established by this ordinance shall apply to any application pending as of the date of this ordinance, but it shall not apply to a subdivision or consolidation that has received preliminary plat approval prior to the adoption of Resolution No. ,nor shall the moratorium extend the timeline for acting upon an application as provided in Minnesota Statutes, Section 15.99. Any application submitted to which the moratorium applies shall be denied unless the application includes a specific request that it be excepted from the moratorium, in which case the City staff shall submit the application to the City Council for consideration of granting an exception. 3.05 .The City Council may approve exceptions to this moratorium for an application if the City Council, in its sole discretion, determines that the approval being sought will not interfere with the purposes for which this moratorium was adopted. Sec. 4. Enforcement. The City may enforce this ordinance by mandamus, injunction or other appropriate civil remedy in any court of competent jurisdiction. Sec. 5. Term. Unless earlier repealed by the City Council, the moratorium • established under this ordinance shall remain in effect until September 1, 2009. The moratorium may be extended for a reasonable time, in accordance with Minnesota Statutes Section 462.355. Sec. 6. Effective Date.. This ordinance is effective as provided by section 3.09 of the Richfield City Charter. Deborah Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • r1 ~J • Penn Avenue Moratorium Area Current Zoning w 64TH Z ~ O ~ a o ~ _ H W 66TH ST W (CO RD NO end Industrial ~ C-1 Neighborhood Commercia C-2 General Commercial R Residential Sin le Famil g y R-1 S. Family -Low Density MR Multi Res. (discontinued) MR-1 Two Family Residential MR 2 M lti R M d D it - es - e . ens y u MR-3 Multi Res -High Density PMR Planned Multi Res. 63RD ST ~ ~ ~ ~ > > > Q 64TH Z ~ ~ Y w Q J Z ~ 65TH 66TH --~9 ~ ~ ~ i ~ m y ,[~ FOREST DR ~ Q z ;, o ~' w ~ z • ~ GP -- ~ " Area n Avenue ~oratvrium Pen o ~~ 68TH cn ST 63RD N N N w w ~ 7 `~ > a 4TH Q Q ~ Z ~J ~ O ~ O Z TH 66TH r ORES 4 Z Cn ~ )N ~y 2 __-, ~ ~J • AGENDA SECTION: AGENDA ITEM # REPORT # ~- STAFF REPORT OTHER BIISINESS 17 205 CITY COUNCIL MEETING AUGUST 12, 2008 • REPORT PREPARED BY: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Provide staff direction for the continuation of the Police/Fire/City Hall facility project and authorize the City Manager to proceed with a contract for architectural services for construction of a new Police/Fire/Cit Hall Facilit . RECOMMENDED ACTION: By motion: • Provide staff direction for the continuation of the Police/Fire/City Hall facility project, and • Authorize the City Manager to proceed with a contract for architectural services for the construction of a new Police/Fire/City Hall facil III. BACKGROUND ~ The construction of a new Police/Fire/City Hall is now at a new step in the process. Authorization for the expenditure of funds for the project has been made, as has the preliminary approval of the issuance of General Obligation (GO) Capital Bonds for the project. No petition was received to force a referendum for the use of the Capital Bonds, so the project is ready for the next actions to be taken. • While there are a number of issues to be decided at this point, the next major decision point will be the selection of an architect to provide plans and detail drawings of the proposed new facility. Wold Architects, who provided the preliminary site and project design phase of the project, would seem to be the logical choice to continue as the project architects. Wold was chosen as part of competitive Request for Proposal (RFP) process, the firm has considerable experience designing government facilities and, thus far, they have worked extremely well with City staff and members of CHAT II. In addition, the City Council must decide if CHAT II will continue, in its current configuration or in some other variation, for the next phase of the project and, if so, 0812CityHall STEVEN L. DEVICH, CITY MANAGER • • what role the group would play. Additionally, there are a number of ancillary questions that must be addressed such as the inclusion of performance standards and how they will be determined and measured. III. BASIS OF RECOMMENDATION A. POLICY • The project to date, has been guided by the CHAT II citizen task force. The City Council should make a formal determination regarding the continuance of such a committee through the next phase of the project. • Wold Architects was selected through a competitive RFP process and the City has expended approximately $75,000 for the firm to determine space needs and provide preliminary site designs. B. CRITICAL ISSUES • The time for calling for a referendum for the issuance of G.O. Capital Bonds for the .new City Hall has passed and. there is no reason to prevent the project from going forward if the City Council chooses to do so. • All authorizations for the construction of a new City Hall have been issued by the City Council. In order to keep the process moving forward, it will be necessary to select an architect and negotiate a contract for those services. C. FINANCIAL • The City Council has granted preliminary approval for the issuance of G.O. Capital Bonds for the new City Hall. However, the City currently has funds set aside for the architectural services needed for this project and does not need the bond proceeds to proceed with this phase of the project. D. LEGAL • The City does not need to go to formal bidding for service contracts such as architectural services. Such contracts may be executed through negotiations. • The City has met the City Charter provisions to allow the expenditure of funds for the new City Hall project. E. ENVIRONMENTAL CONSIDERATIONS • None at this time. IV. ALTERNATIVE RECOMMENDATION~S~ • Direct-staff to prepare a RFP for architectural services. However, this will delay the project and would likely increase costs because monies were already expended to utilize Wold Architects to determine space needs and .develop preliminary site plans. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES. EXPECTED AT rperson, • • • AGENDA SECTION: AGENDA ITEM # REPORT # ~J STAFF REPORT CONSENT 6J 206 CITY COUNCIL MEETING AUGUST 12,.2008 REPORT PREPARED BY: PAM DMYTRENKO, ASSISTANT TO THE CITY MANAGER NAME, TITLE • DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: / SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution accepting arbitration award for 2008 calendar year wages for Law Enforcement Labor Services, Inc: Local 123. I. RECOMMENDED ACTION: By Motion: Adopt the resolution accepting arbitration award for 2008 calendar year wages for the Law Enforcement Labor Services, Inc. Local 123. III. BACKGROi1ND In the spring of 2008, City staff completed negotiations with the Law Enforcement Labor Services, Inc. Local 123 (Union) for the contract re-opener provisions of its 2007-08 contract. There are 31 employees represented in this unit: 28 Police Officers and 4 Detectives. • There were two re-opener provisions in the 2007-08 contract. The parties reached agreement on. Article 16, Health insurance, and the City Council approved the resolution designating the premium increases on May 27, 2008. However, the parties were unable to reach mutual agreement on 2008 wages through collective bargaining. The wage issue was subsequently certified to binding arbitration by the Minnesota Bureau of Mediation Services after the parties also failed to reach agreement through mediation. The arbitration hearing was conducted on July 10, 2008 -and the arbitrator's decision was received on August 11, 2008. 0812Police reopener • • According to the terms of the arbitration award, the Union will receive a 3% across. • the board wage increase effective January 1, 2008 with an additional .6% increase effective the first full pay period in August 2008. III. BASIS OF RECOMMENDATION A. POLICY • The City met and negotiated in good faith with the Union and its representatives for 2008 calendar year wages. The City and Union failed to reach agreement and, pursuant to MN Statute 179A.16 Interest Arbitration, unresolved contract disputes must be settled by binding arbitration for essential employee groups which includes Police Officers and Agents. B. CRITICAL ISSUES The award was received on August 11, 2008 and must be implemented as soon as possible. • For payroll purposes, it would be most expedient for this award to be implemented for the current payroll period. This would avoid additional time consuming calculations for retro pay calculations and staffing considerations. C. FINANCIAL • The City approached arbitration with a final position of 3%, effective January 1, 2008, with an additional .5% increase effective the first full pay period of July 2008. The Union's position into arbitration was 4% • .effective January 1, 2008. • From a financial perspective, the arbitration award mirrors the cost of the City's proposal going into arbitration. D. LEGAL • Under Minnesota Statute 179A.16, unresolved contract disputes with essential employee groups such as Police Officers and Agents, must be brought to binding arbitration if not settled through the collective bargaining process. • The City or the Union may. challenge an arbitration award in court, however, historically, courts do not overturn arbitration awards. E. ENVIRONMENTAL CONSIDERATIONS • None. IV.. ALTERNATIVE RECOMMENDATION(S) ~ • The City Council can choose to reject the arbitrator's award and take the matter to court, however, the arbitration award is very favorable to the City and there would be no reason to attempt to overturn this award if it were possible to do so. ~ V. ATTACHMENTS ~ n. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • RESOLUTION NO. RESOLUTION ACCEPTING ARBITRATOR'S AWARD FOR 2008 CALENDAR YEAR WAGES FOR LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL 123 WHEREAS, the City of Richfield and Law Enforcement Labor Services, Inc. Local 123 signed a bargaining agreement covering a two year period from January 1, 2007 through December 31, 2008; and WHEREAS, the labor agreement covers all terms and conditions of employment including a reopener provision for 2008 calendar year wages; and WHEREAS, the City and LELS 123 were unable to arrive at a mutually acceptable wage settlement for calendar year 2008 through collective bargaining and mediation; and WHEREAS, the City and LELS 123 proceeded to binding arbitration pursuant to Minnesota Statutes 179A.16 and WHEREAS, the arbitration hearing was held on July 10, 2008 before arbitrator Rolland Toenges; and • WHEREAS, the City and LELS 123 received the arbitration award on August 11, 2008 which must now be implemented. NOW, THEREFORE, BE IT RESOLVED that the City accepts the award of arbitrator Toenges.establishing wages for Police Officers and Agents represented by LELS 123 in the following amount: 3% wage increase effective January 1, 2008 and an additional .6% effective the first full pay period of August 2008. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of August 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City, Clerk • •