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06-28-05 AgendaCITY OF RICHFIELD, MINNESOTA TUESDAY, JUNE 28, 2005 ******************************************************************************************************* SPECIAL CITY COUNCIL WORKSESSION COUNCIL CHAMBERS 6700 PORTLAND AVENUE 5:30 P.M. Call to order Roll call 5:30 - 5:50 p.m. 1. Presentation by Martin Costello, Richfield Criminal Prosecuting Attorney Notes: 5:50 - 6:20 p.m. 2. Discussion regarding public involvement process for proposed improvements to intersection at 66th Street and 17th Avenue (Council Memo No. 77) Notes: Adjournment (not later than 6:20 p.m.) REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 6700 PORTLAND AVENUE 6:30 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of (1) Special City Council Meeting of June 9, 2005; (2) Regular City Council Meeting of June 14, 2005; and (4) Special City Council Meeting of June 20, 2005 PRESENTATIONS Presentation by Dr. Brian Mahoney, Hennepin County Medical Center, regarding Richfield Fire Department participation in Federal Drug Administration approved cardiac arrest management study (Council Memo No. 80) 2. Presentation by Richfield/Bloomington Honda dealership of $2,000 donation to Richfield Police Division for K-9 program 3. Presentation of proclamation designating July 1, 2005 Women of Today Founders Day in Richfield 4. Presentation by Richfield Recreation Programs/Athletic Manager Frank White regarding Richfield Playground Program and funding donations COUNCIL DISCUSSION 5. Council discussion • Hats Off To Hometown Hits Notes: AGENDA APPROVAL 6. Council approval of agenda CONSENT CALENDAR 7. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of resolution declaring costs to be assessed and ordering preparation of assessment roll for 2004 removal of diseased trees from private property and setting public hearing for August 9, 2005 S.R. No. 113 B. Consideration of approval of resolutions declaring. costs to be assessed and ordering preparation of assessment roll for 2004 Lyndale/HUB/Nicollet maintenance, and proposing similar assessment process for 2006 and setting public hearing for August 9, 2005 S.R. No. 114 C. Consideration of approval of resolutions declaring costs to be assessed and ordering preparation of assessment roll for 2004 77th Street maintenance district, and proposing similar assessment process for 2006 and setting public hearing for August 9, 2005 S.R. No. 115 D. Consideration of approval of resolution authorizing application to Minnesota Department of Finance for funding of Richfield Recreation Asset Replacement Project (Lincoln Fields Park) through 2006 Capital Budget Bonding Bill S.R. No. 116 E. Consideration of approval of resolution authorizing acceptance of $2,000 donation from Richfield/Bloomington Honda dealership for Richfield Police Division K-9 Program S.R. No. 117 F. Consideration of approval of resolution authorizing acceptance of $50 donation from American Legion Auxiliary Post #435 for purchase of police safety vests S.R. No. 118 G. Consideration of approval of resolution authorizing acceptance of $100 donation from Richfield/Bloomington Eagles #3208 gambling fund for Richfield Fire Services Department S.R. No. 119 H. Consideration of approval of resolution authorizing acceptance of monetary and provision donations from various contributors for Richfield Police and Fire Safety Day S.R. No. 120 I. Consideration of approval of resolution supporting renewal of State-issued gambling premises permit and waiving $100 investigation fee for Church of the Assumption, 305 East 78th Street S.R. No. 121 J. Consideration of approval of community celebration event license and temporary on-sale 3.2 percent malt liquor licenses, with fees waived, for Fourth of July Committee for annual events scheduled on June 30 through July 4, 2005 S.R No. 122 K. Consideration of approval of two-year lease between City of Richfield and Tom Price for rental of 4,690 square foot strip of land along edge of Lincoln Field S.R. No. 123 L. Consideration of approval of new therapeutic massage enterprise license for Complete Chiropractic and Wellness, 6640 Lyndale Avenue S.R. No. 124 Notes: 8. Consideration of items, if any, removed from Consent Calendar Notes: PROPOSED ORDINANCE 9. Consideration of first reading of ordinance amendment to City Administrative Code Chapter III, Subsection 310.33 describing vacation leave and scheduling second reading for July 12, 2005 Staff Report No. 125 Notes: RESOLUTIONS 10. Disciplinary hearing and consideration of resolution regarding civil enforcement for establishment in Richfield that recently underwent tobacco compliance check conducted by Richfield Public Safety staff and failed by selling tobacco to underage youth Staff Report No. 126 Notes: 11. Consideration of resolution approving special State legislation creating Tax Increment Financing District for Cedar Avenue Corridor Staff Report No. 127 Notes: OTHER BUSINESS 12. Consideration of appointments to City advisory commissions Staff Report No. 128 Notes: CITY MANAGER'S REPORT 13. City Manager's report Notes: 14. 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: Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. AGENDA SECTION: OTHER BUSINESS AGENDA ITEM # _~ I2 REPORT # 128 STAFF REPORT CITY COUNCIL MEETING JUNE 28, 2005 REPORT PREPARED BY: CHERYL KRUMHOLZ, EXEC. COOR. NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of appointments to City advisory commissions. I. RECOMMENDED ACTION: By motion: Appoint persons to fill the vacant terms on the City adviso commissions II. BACKGROUND There are mid-term vacancies due to resignations that need to be filled on the Civil Service, Human Rights and Friendship City Commissions. The Transportation Commission also has two vacancies needing to be filled. Vacancies were advertised in the Richfield Sun-Current, on cable television channel 16, the outside message board at City Hall and Water Plant, and the City's Website. Applicants were interviewed at a Special City Council meeting on June 27, 2005. Transportation Commission interviews were also conducted at a Special City Council meeting on June 6. However, the City Council deferred appointment to this commission and directed staff to conduct another recruitment seeking additional applicants. III. BASIS OF RECOMMENDATION 0125commissions A. POLICY • The City advisory commissions were established by City ordinance or resolution. Terms are for three-years and are staggered. Several terms expire on January 31 annually and occasionally there are mid-term vacancies due to resignations. • The Council directs the City Manager's office to conduct a recruitment seeking applicants to fill the vacancies. Interviews of the applicants are conducted at Special City Council meetings. These Council meetings were posted in accordance with the open meeting law requirements. B. CRITICAL ISSUES • Applicants were interviewed at Special City Council meeting on June 27, 2005. There are mid-term vacancies and two Transportation Commission vacancies, which need to be filled. In order to ensure quorums for future meetings, appointments should be made on June 28, 2005. IV. ALTERNATIVE RECOIVIMENDATION~S~ • Defer appointments to a later Council meeting. V. ATTACHMENTS • Commission vacancy list VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. y N O N W U Z Q V Z O ~_ V N L X W L T U ca U .Q X W W J_ U ~ ~ ~ 0 N N N N N ~ r ~ ~ ~ M M M M M ~ Q ~ ~ ( (~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ E a~ .Q x a~ c U C (6 U (6 .Q X N C r Z 0 N O V V a_ N 0 z _W E L .Q x a~ c U C fQ U N .Q X C I Z O CN G U F- 2 :~ z a E .~ x a~ c N ~U C (0 U CQ N Z N O Z O H O a z H AGENDA SECTION: Resolutions AGENDA ITEM # 11 REPORT # 127 J STAFF REPORT CITY COUNCIL MEETING JUNE 28, 2005 REPORT PREPARED BY: PAT SMITH, COMMUNITY DEVELOPMENT MANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of State Legislation creating a Special Tax Increment Financing District for the Cedar Avenue Corridor. I. RECOMMENDED ACTION: By Motion: Adopt a resolution approving Special State Legislation creating a Tax Increment Financing District for the Cedar Avenue Corridor. II. BACKGROUND • The Cedar Point area has been identified as an area in which redevelopment is necessary to remove structures which cannot tolerate the negative effects of low frequency noise that will occur when-the new "north-south" runway at the Minneapolis St. Paul International Airport becomes operational. • Senator Jane Ranum and Representatives Dan Larson and Paul Thissen sponsored a bill that declared the Cedar Avenue Corridor area a "Tax Increment Financing" area. The bill was passed in the Public Finance Bill (HF2498), which was signed by the Governor on June 2, 2005. The Special TIF District coincides with the area where the "low frequency noise" from the new "north-south" runway would meet or exceed 87dbs of volume. The 062805 Approve TIF Leg Tax Increment Finance (TIF) District is bounded by Trunk Highway 77 on the east and extends to 16th Avenue between Crosstown Highway 62 and 66th Street; to 17th Avenue between 66th and 69th Streets; and to 18th Avenue between 69th and 72nd Streets. III. BASIS OF RECOMMENDATION A. POLICY • Based on the results of professional noise studies, the City of Richfield has recognized that there will be an area, termed the "low frequency noise impact area", where aircraft noise will exceed the tolerances of existing homes once the new "north-south" runway becomes operational. • For years, the City has pursued funding assistance and special legislation to spur redevelopment. B. CRITICAL IssUEs • The special law is effective upon approval by the City Council and the filing of a certificate with the Secretary of State. • The resolution must be adopted before the beginning of the next regular session of the Legislature. • Although the Cedar Point area ("Ryan's site") is included in the TIF legislation, TIF will not be used to facilitate Cedar Point. • Before TIF can be utilized, a TIF plan must be prepared and approved by the HRA and City Council. C. FINANCIAL • The TIF legislation will provide significant financial assistance for redevelo ment. D. LEGAL • HRA legal counsel drafted the proposed Resolution. IV. ALTERNATIVE RECOMMENDATION(S) • Do not approve the proposed agreement. • Suggest modifications to the proposed resolution. • Continue consideration of the proposed resolution in order to seek more information about the legislation. V. ATTACHMENTS • Resolution Approved TIF Legislation Cedar Corridor TIF Area map Certificate of Approval VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A RESOLUTION NO. RESOLUTION APPROVING 2005 MINNESOTA LAWS, CH. 252, ARTICLE ,SECTION RELATING TO AUTHORITY TO CREATE A TAX INCREMENT FINANCING DISTRICT IN THE CITY OF RICHFIELD BE IT RESOLVED By the City Council of the City of Richfield, Hennepin County, Minnesota (the "City") as follows: 1. It is hereby determined that: (a) 2005 Minnesota Laws, Chapter 252, Article _, Section _ (the "Special Law") authorized the creation of a tax increment financing district subject to certain special terms and conditions; (b) the Special Law is effective upon approval by a majority vote of the City Council and filing a certificate with the Secretary of State, all in accordance with Minnesota Statutes, Section 645.021, subd. 2; and (c) the -City Council has determined that is in the best. interest of the City and its residents to approve the Special Law. 2. The Special Law is hereby approved in all respects. 3. The City Clerk is authorized and directed to file with the Secretary of State a certified copy of this resolution along with the appropriate certificate in the form prescribed by the state attorney general. 4. City staff are authorized and directed to take all actions necessary to implement the Special Law and bring before this Council further proceedings as necessary in order to establish the tax increment financing district authorized by the Special .Law. 5. The Housing and Redevelopment Authority in and for the City of Richfield, Minnesota is designated as the authority for such district. Adopted by the City Council of the City of Richfield, Minnesota this 28th day of June, 2005. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk I, the undersigned, being the duly qualified and acting City Clerk of the City of Richfield, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on 2005, with the original minutes on file in my office and .the extract is a full, true and correct copy of the minutes, insofar as they relate to the approval of 2005 Minnesota Laws, Chapter ,Article _, Section _. WITNESS My hand as City Clerk and the corporate seal of the City this day of 2005. City Clerk City of Richfield, Minnesota (SEAL) 2 61.11 Sec. 25. [CITY OF RICHFIELD; TAX INCREMENT FINANCING 61.12 DISTRICT.] 61.13 Subdivision 1. [AUTHORIZATION.] The city of Richfield may 61.14 create a tax increment financing district consisting of an area 61.15 lying west of Trunk Highway 77 extending: to 16th Avenue 61.16 between Crosstown Highway 62 and 66th Street; to 17th Avenue 61.17 between 66th and 69th Streets: and to 18th Avenue between 69th 61.18 and 72nd Streets. The city or its housing and redevelopment 61.19 authority may be the authority for the purposes of Minnesota 61.20 Statutes, sections 469.174 to 469.179. 61.21 Subd. 2. [DISTRICT IS REDEVELOPMENT DISTRICT.] The 61.22 redevelopment tax increment district created pursuant to 61.23 subdivision 1 is deemed to be a redevelopment district and is 61.24 subject to Minnesota Statutes, sections 469.174 to 469.179, 61.25 except that: 61.26 (1) expenditures for activities as defined in Minnesota 61.27 Statutes, section 469.1763, subdivision 1, paragraph (b), 61.28 anywhere in the district are deemed to be the costs of 61.29 correcting conditions that allow the designation of 61.30 redevelopment districts pursuant to Minnesota Statutes, section 61.31 469.174, subdivision 10: and 61.32 ~2) the five-year rule under Minnesota Statutes, section 61.33 469.1763, subdivision 3, does not apply. 61.34 [EFFECTIVE DATE.] This section is effective upon local 61.35 approval by the city of Richfield in compliance with Minnesota 61.36 Statutes, section 645.021. R:\CDAdmin\CedarAirportIssues\Approved TIF leg.doc CEDAR AVENUE CORRIDOR TIF AREA ..~ _..___~ ~._T--. ~~ Y `~ 2 ~. _~ TIF BOUNDARY N DATE: 6-21-05 CERTIFICATE OF APPROVAL OF SPECIAL LAW BY GOVERNING BODY (Pursuant to Minnesota Statutes, 645.02 and 645.021) STATE OF MINNESOTA County of TO THE SECRETARY OF STATE OF MINNESOTA: PLEASE TAKE NOTICE, That the undersigned chief clerical officer of the DOES HEREBY CERTIFY, that in compliance with the provisions of Laws, 20 , Chapter requiring approval by a majority* of the governing body of said local governmental unit before it becomes effective, the at a meeting duly held on the day of (if other than resolution, specify) (designate governing body) 20 , by resolution did approve said Laws, 20 ,Chapter by a majority vote* of all of the members thereof (Ayes Noes ; Absent or not voting )and the following additional steps, if any required by statute or charter were taken: A copy of the resolution is hereto annexed and made a part of this certificate by reference. Signed: (Official designation of officer) (This form prescribed by the Attorney General and furnished by the Secretary of State as required in Minnesota Statutes 645.021.) *If extraordinary majority is required by the special law, insert fraction or percentage here. Please see reverse side for instructions for completing this form. S:\ELECIIELECT\OPENAPPT\CERT[FICATE OF APPROVAL OF SPECIAL LAW.doc AGENDA SECTION: Resolutions AGENDA ITEM # j Q REPORT # I.26 STAFF REPORT CITY COUNCIL MEETING JUNE 28, 2005 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a disciplinary hearing and resolutions regarding civil enforcement for establishments in Richfield that underwent tobacco compliance checks conducted by Richfield Public Safet staff and failed b sellin tobacco to undera a outh. I. RECOMMENDED ACTION: By Motion: Conduct a disciplinary hearing and approve the attached resolution suspending the license to sell tobacco for up to 60 days, for a fourth time violator, with the option to revoke the License for one year, and levying a fine against the establishment in the amount of $1000 for the fourth violation. II. BACKGROUND On May 10 and May 12, 2005, Richfield Public Safety staff conducted tobacco compliance checks at all of the establishments in Richfield that sell tobacco. They were assisted by three underage youth that are all 17 years of age. These compliance checks were the first checks conducted in 2005. On May 10, the police division made arrangements for the minors to enter the establishments with undercover police officers. In one instance, tobacco was sold to underage youth. 0628 Tobacco Compliance Violators The business that sold to underage youth on May 10 is: • Snack Attack - 1 Meridian Crossing Due to the fact that this is a first offense for Snack Attack, their license will not be suspended, nor are they required to appear before the City Council. They will, however, be charged a fine. On May 12, the police division made arrangements for the minors to enter the establishments with undercover police officers. In one instance, tobacco was sold to an underage youth. The business that sold tobacco to an underage youth on May 12 is: • Portland Amoco - 6545 Portland Avenue South This is a fourth offense for Portland Amoco. Previous failures occurred on May 21, 2003, November 25, 2003, and May 25, 2004. At no time did any of the minors use the tobacco products. The youth presented their IDs, if requested, and at no time attempted to convince anyone that they were of legal age. Establishments were visited at various times, busy or not busy, in an effort to determine if busy times produced more successful buys. It doesn't appear to have made a difference at either time. After each attempt, successful or unsuccessful, the officers identified themselves to the clerks and issued a citation if they failed. If the underage youth was unsuccessful in purchasing tobacco, the clerk was congratulated by the officers. The employee that sold tobacco will be charged criminally in court. The action being taken today is for civil enforcement and penalties against the business that holds a license to sell tobacco within the City. The fine being recommended at this time is intended to recover 100% of the costs for conducting the compliance checks and to penalize the business punitively. Compliance checks will continue to occur during 2005. It is also recommended that 15% of the punitive fines be designated for future tobacco and alcohol education efforts within the community. III. BASIS OF RECOMMENDATION A. POLICY • Richfield City Code Section 1146 specifies certain improper conduct of tobacco license holders and delineates the progressive discipline that can be expected when violations occur, such as the sale of tobacco to minors. • Staff recommends that in the case of the fourth time violator the City Council suspend the license for up to 60 days, with the option to revoke the license to sell tobacco for one year, and levy a fine against the establishment in the amount of $1000. ~. CRITICAL ISSUES • It is a violation of Minnesota State Statutes and City ordinance to sell tobacco to underage youth. • Citizen representatives of the Richfield Advisory Board of Health support severe actions against establishments in an effort to protect the youth of the community and to send a message that youth and their well-being are a high priority. in this City. C. FINANCIAL • All costs of conducting compliance checks will be reimbursed through the fines that are levied against an establishment for failing a tobacco compliance check. • Furthermore, 15% of the punitive fines are designated for future tobacco and alcohol educational efforts within the community. I~. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • The Council could decide to take no action against the establishments for the sale of tobacco to a minor, which would result in no disciplinary actions against the establishments. This would, however, send a message to the community that children and their well being are not a priority in Richfield. • The Council may consider taking more or less severe action against the establishments that sold tobacco to underage youth; however; that would deviate from the guidelines set for progressive discipline in City Code 1146. V. ATTACHMENTS • Resolution for Portland Amoco. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • A representative from the establishment is expected to be in attendance at the meeting. They have been notified in writing of this requirement. RESOLUTION NO. RESOLUTION SUSPENDING THE TOBACCO LICENSE FOR UP TO 60 DAYS, WITH THE OPTION TO REVOKE THE LICENSE FOR ONE YEAR FOR PORTLAND AMOCO, 6545 PORTLAND AVENUE SOUTH AND IMPOSING A CIVIL PENALTY FOR FOURTH TIME TOBACCO COMPLIANCE FAILURE WHEREAS, Portland Amoco ("Licensee") holds a license to sell tobacco products within the City of Richfield; and WHEREAS, on May 12, 2005 the City of Richfield Public Safety Department conducted a compliance check of the Licensee's establishment, and during the compliance check, an employee of the Licensee sold tobacco to a minor; and WHEREAS, this is their fourth failed tobacco compliance check as a result of the fact that it is within 24 months of their third offense; and WHEREAS, the City Council has the option of suspending the license for up to 60 days or revoking the license for one year from the date of their Council appearance, with a fine of $1000; and WHEREAS, the Licensee appeared before the Richfield City Council on June 28, 2005 and admitted the violation and stipulated to the suspension and penalty imposed by this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The City Council chooses to impose the following suspension and fine: • Suspend the license for ; or, • Revoke the license for one year from the date of their Council appearance. 2. A civil penalty of $1000 is hereby imposed. On or before July 28, 2005, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $1000. Passed by the City Council of the City of Richfield this 28th day of June 2005. ATTEST: Martin J. Kirsch, Mayor Nancy Gibbs, City Clerk AGENDA SECTION: proposed Ordinance AGENDA ITEM # Q REPORT # 125 STAFF REPORT CITY COUNCIL MEETING JiTNE 28, 2005 REPORT PREPARED BY: ASSISTANT TO THE CITY MANAGER PAM DMYTRENKO /NAME, TITLE REPORT PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of first reading of an amendment to the City Administrative Code Chapter III, Subsection 310.33 describin Vacation Leave. I. RECOMMENDED ACTION: By Motion: Approve first reading of the proposed ordinance amendment to the City Administrative Code Chapter III, Subsection 310.33 describing vacation leave and schedule the second reading for Jul 12, 2005. II. BACKGROUND With the completion of all five collective bargaining agreements for 2005, three changes are being recommended to City ordinance, Section 1, Subsection 310.33, Vacation Leave. The changes would provide an additional day of vacation leave (8 hours) to employees with more than 25 years of service, increase the vacation leave accrual maximum from 240 to 248 hours and increase the sell back of vacation leave hours from 36 to 40 hours each year. These changes would affect employees included in the General Services and Management Pay Plans who are not represented by a Union. The amendments are requested so that the City of Richfield's benefit package remains competitive with those of other Stanton V cities and to balance the benefits of the City's non- union employees with those represented by collective bargaining agreements. 0628vacation The proposed ordinance changes to Section 1, Subsection 310.33, Vacation Leave, are as follows: Subd. 2. Full-time employees. Full-time regular and full-time probationary employees shall accrue vacation according to the following schedule effective on the first full pay period of September 2005: (e,~from the beginning of the twentieth year and through the twenty-fifth year of continuous employment, each employee shall earn vacation at a rate of 6.77 hours. per biweekly pay period (22 days per year);(~f from the beginning of the twenty-sixth year of continuous employment, throughout the duration of employment, each employee shall earn vacation at the rate of 7.08 hours per biweekly pay period (23 days per year). Subd. 7. Vacation accumulation. Effective September 15, 2005, vacation leave may be accrued to a maximum of 24II 248 hours unless written authorization extending this maximum is obtained from the department head and the city manager. Hours in excess of 24D 248 hours, if not approved, shall be forfeited by the employee. Subd. 8. Sell-back of vacation. Effective January 1, 2006, employees may sell-back up to 3fi 40 hours of vacation time each year if they have an accumulated bank of vacation leave in excess of 64 hours. Employees eligible to sell-back vacation authorized under this subdivision, may do so only once per calendar year between February 15 and November 15. III. BASIS OF RECOMMENDATION A. POLICY • The proposed modifications to Subsection 310.33, Vacation Leave, aids in balancing some of the benefits offered to non-union City employees. In practice, those benefits offered to Union employees should not exceed the benefits offered to employees not represented by unions. Of additional consideration is the fact that the majority of employees represented by collective bargaining agreements are men while the opposite is true for non-union employees. B. CxITICAL ISSUES • In order to meet publishing requirements for the second reading of an ordinance amendment, it is recommended that the second reading and public hearing be scheduled for July 12, 2005. • In past years, employees have either forfeited their accumulated leave time or taken time off at the last minute, possibly interfering with the operations of their department. While the City encourages employees to regularly use vacation leave, demands of the job and short-staffed divisions do not always allow employees to take leave when wanted or needed. • The addition of 8 hours of vacation leave for employees with more than 25 years of service recognizes the. contributions of long-time staff. members and. is commensurate with similarly situated employees represented by collective bargaining agreements. C. FINANCIAL • By amending Subsection 310.33, Vacation Leave, approximately 17 regular and part-time General Services and Management employees, with more than 25 years of continuous service, would receive an additional 8 hours of vacation leave. D. LEGAL • In order to provide the requested additional vacation leave, and modify the sell back and maximum accumulation hours, the City Council must approve an amendment to the City's personnel ordinance. IV. ALTERNATIVE RECOMMENDATION~S~ • Do not amend the ordinance. • Defer discussion to another date. V. ATTACHMENTS • Ordinance. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. BILL NO. AMENDMENTS TO SECTION 310.33 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 310.33, Vacation Leave, Subdivision 2 of the ordinance code of the City of Richfield entitled "Full-time employees" is hereby amended: Subd. 2. Full-time employees. Full-time regular and full-time probationary employees shall accrue vacation according to the following schedule effective on the first full pay period of September 2005: (e) from the beginning of the twentieth year and through the twenty-fifth year of continuous employment, each employee shall earn vacation at a rate of 6.77 hours per biweekly pay period (22 days per year); (f) from the beginning of the twenty- sixth year of continuous employment, throughout the duration of employment, each employee shall earn vacation at the rate of 7.08 hours per biweekly pay period (23 days per ear . Section 2. Subsection 310.33, Subdivision 7 of the ordinance code of the City of Richfield entitled "Vacation accumulation" is hereby amended: Subd. 7. Vacation accumulation. Effective September 15, 2005, vacation leave may be accrued to a maximum of 24II 248 hours unless written authorization extending this maximum is obtained from the department head and the city manager. Hours in excess of 24II 248 hours, if not approved, shall be forfeited by the employee. Section 3. Subsection 310.33, Subdivision 8 of the ordinance code of the City of Richfield entitled "Sell-back of vacation" is hereby amended: Subd. 8. Sell-back of vacation. Effective 2II(12 January 1, 2006, employees may sell- back up to 3fi_40 hours of vacation time each year if they have an accumulated bank of vacation leave in excess of 64 hours. Employees eligible to sell-back vacation authorized under this subdivision, may do so only once per calendar year between February 15 and November 15. Section 4. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this _th day of July, 2005. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: C~~nsent AGENDA ITEM # _+7b REPORT # 1 96 J STAFF REPORT CITY COUNCIL MEETING JUNE 28, 2005 REPORT PREPARED BY: BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration and approval of a request for a new Therapeutic Massage Enterprise license for Com lete Chiro ractic and Wellness I. RECOMMENDED ACTION: By Motion: Approve the request for a new Therapeutic Massage Enterprise license for Complete Chiropractic and Wellness, 6640 dale Avenue. II. BACKGROUND On May 11, 2005, Complete Chiropractic and Wellness, 6640 Lyndale Avenue, submitted an application for a new Therapeutic Massage Enterprise license. The following requirements for license issuance have all been satisfied • The applicant has paid the required licensing fees. • The required proof of liability insurance has been submitted. • All real estate and personal property taxes that are due and payable for the premises have been paid. 0628 Complete Chiropractic and Wellness License The Public Safety background investigation has been completed and reveals the following: • Nicholas Anthony Mellum is the clinic owner/director of Complete Chiropractic and Wellness and has no criminal history. • Julee Vonghamdeng submitted a Therapeutic Massage Therapist License application and she has no criminal history. She has complied with all the requirements for a Therapeutic Massage license. • Nothing was found during the investigation that raised any concerns regarding the licensing of Complete Chiropractic and Wellness for a Therapeutic Massage Enterprise License. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all the provisions of the application process, has paid all the licensing fees and has provided proof of liability insurance. • Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the license request. B. CRITICAL ISSUES • None C. FINANCIAL • All licensing fees have been paid. I~. L,EGAL • None IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the request for the Therapeutic Massage Enterprise license for Complete Chiropractic and Wellness; however, the Public Safety Department has not found any basis for a denial. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Nicholas Mellum, Clinic Owner/Director AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT CITY COUNCIL MEETING JUNE 28, 2005 Consent :7K 123 REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Approval of the attached two-year. lease between the City of Richfield and Tom Price for the rental of a 4,690 s uare-foot stri of land alon the ed a of Lincoln Field. I. RECOMMENDED ACTION: By Motion: Approve the attached two-year lease between the City of Richfield and Tom Price for the rental of a 4,690 square-foot strip of land alona the edge of Lincoln Field. II. BACKGROUND Mr. Price, owner of the Woodlawn Terrace trailer court, has leased the northern ten feet of Lincoln Fields for many years. The lease is for atwo-year term, however, it also indicates that the City may cancel the lease by written notice (90-day notice if the City determines a need to use or modify the land and 180-day notice for any reason). III. BASIS OF RECOMMENDATION A. POLICY 0628 tom price The City has had this arrangement with Mr. Price for many years and it has never created a problem. The arrangement is revisited every two years. B. CRITICAL ISSUES • The City does not have an immediate need for the land, although that may change with the commencement of Phase II of the Ballfield Replacement Plan at Lincoln Field. C. FINANCIAL • Mr. Price and City staff have agreed upon an amount of $1,400 for the two-year lease, payable in two installments of $700, due each year. D. LEGAL • The attached lease agreement is identical to the one approved two years ago, which was reviewed by the City Attorney. IV. ALTERNATNE RECOMMENDATION(S~ • Do not approve the two-year lease with Tom Price for the strip of land at Lincoln Field. V. ATTACHMENTS • Two-year lease between the City and Tom Price. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None INDEMNIFICATION AND HOLD HARMLESS AGREEMENT THIS INDEMNIFICATION AND HOLD HARMLESS AGREEMENT (the "Agreement") is made as of June 28, 2005 by and between the CITY OF RICHFIELD, a Minnesota municipal corporation (the "City"), and THOMAS PRICE, an individual residing at 7421 Lyndale Avenue South, Richfield, MN 55423 ("Price"). RECITALS A. Price is the owner of a tract of land which is legally described in the Property ID number 34 028 24 32 0015. ADN UNPLATTED 34 028 24. METES/BOUNDS DESCRIPTION: THE S 5 ACRES OF THEN 10 ACRES OF NW 1&4 OF SW 1&4 AND THEN 4 FT THAT PART OF THE NW 1&4 OF SW 1&4 LYING S OF THE N 10 ACRES THEREOF EX R R R&W AND THE ROAD ("Price Property"). B. The City is the owner of a parcel of land which is legally described in the Property ID number 34 028 24 32 0025. ADN UNPLATTED 34 028 24. METES/BOUNDS DESCRIPTION: W 468 68/100 FT OF E 493 68/100 FT OF THAT PART OF THE S 20 ACRES OF N 30 ACRES OF NW 1/4 OF SW 1/4 LYING S OF THEN 4 FT THEREOF ("City Property"). C. Price is desirous of obtaining permission from the City to utilize a portion of the City Property in conjunction with the'mobile home park which Price operates on the Price Property. This portion consists of the northern ten feet of the City property from the east to west boundaries, approximately 4,690 square feet. D. The City is willing to permit such use in return for Price's agreement to indemnify, protect, defend, and hold harmless the City and to fulfill the other obligations contained herein. pursuant to this Agreement. AGREEMENT 1. Offer and Acceptance of Agreement. Subject to the terms and conditions of This Agreement, and inconsideration of the covenants contained herein, the City and Price agree that Price may use the City Property for the period commencing on August 1, 2005, and terminating July 31, 2007 for a fee of $1,400 payable in two installments of $700. Payment one is due immediately and payment two is due August 1, 2006. 2. Maintenance and Repair. Price shall, at his own cost and expense maintain and repair City the Property and shall at all times keep it in compliance with regulations of the City. The City shall have no responsibility for the maintenance or repair of the City Property. 3. Indemnification and Insurance. (a) Price shall at all times defend, protect, indemnify, and hold harmless the City and its agents, officers, servants, and employees from any and all claims for damages and other remedy, including but not limited to costs and attorney fees, arising from or by reason of the maintenance, use, and repair of the City Property. Nothing in this Agreement shall be construed as a waiver by the City of any immunities, defenses, or other limitations on liability to which the City is entitled by law, including but not limited to the maximum monetary limits on liability established by Minnesota Statutes, Chapter 466. (b) Price, at his sole cost and expense, shall maintain in full force and effect during the term of this Agreement general liability insurance in the minimum amounts of $1,000,000 bodily injury, including death, per person; $1,000,000 bodily injury, including death, per occurrence; and 0628 tom price lease $500,000 property damage per occurrence. A certificate of insurance evidencing compliance with this Agreement shall be provided to the City by Price.. The City shall be named as an additional insured on the insurance policy described herein, and such policy shall contain a stipulation that Price's insurer will provide thirty (30) days prior written notice of cancellation of such insurance to the City. The insurance shall be carried by solvent and responsible insurance companies licensed to do business in the State of Minnesota. 4. Miscellaneous Provisions. (a) Any titles of the several Paragraphs of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. (b) Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (i) in the case of Price, is addressed to or delivered personally to Price at 7421 Lyndale Avenue South, Richfield, MN 55423, and (ii) in the case of the City, is addressed to or delivered personally to the City at the Richfield Community Center, 7000 Nicollet Avenue South, Richfield, MN 55423 or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Paragraph. (c) This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. (d) This Agreement constitutes the entire agreement between Price and the City with respect to the City Property and supersedes any other written or oral agreements between the parties on that subject. This Agreement can be modified only in a writing signed by the parties. (e) The City may terminate this Agreement: (i) if the termination is based upon health, safety or the need to make modifications within the City Property or by Price's transfer or sale of the Price Property, by the giving of 90 days written notice to Price; or (ii) otherwise by the giving of 180 days written notice to Price. The termination shall be effective at the end of such notice period, at which point neither party shall have any further obligation hereunder, except that Price's obligations under paragraph 3 shall survive. Price shall remove all structures from the City Property and restore the City Property to its previous condition not later than the effective date of the notice. (f) Price agrees to make no claim against the City for damages which Price may suffer as a result of the City's termination of this Agreement. (g) Except as specifically set forth herein, nothing in this Agreement shall be construed to exempt Price from or waive the application of any federal, state, or local law, rule, or regulation. (h) Nothing in this Agreement shall be construed as abandonment of the City Property by the City or as any relinquishment of any right the City may have with regard to the Property. Price specifically acknowledges and agrees that its construction and maintenance of the Property is at the sufferance of the City and subject to the City's right to terminate such use in accordance with the provisions in paragraph 4(e) hereof. (i) In the event that the use of the City Property under this Agreement renders the City Property taxable, Price agrees to pay, before penalty attaches, all ad valorem property taxes or other similar taxes levied against the City Property. (j) This Agreement may be extended by the parties from time-to-time and upon such terms as they shall mutually agree to. (k) No new structure shall be erected on the City Property without the prior written consent of the City; and, Price shall not use the City Property for any purpose other than in connection with the mobile home park without the prior written consent of the City. IN WITNESS WHEREOF, Price and the City have executed this Agreement this 28th day of June, 2005. CITY OF RICHFIELD By Martin J. Kirsch Its Mayor And Steven L. Devich Its City Manager Thomas Price AGENDA SECTION: ~r~r~sent AGENDA ITEM # , 7 J REPORT # 122 STAFF REPORT CITY COUNCIL MEETING JUNE 28, 2005 REPORT I~REPARED BY: BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE REPORT PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of an annual request for a community celebration event license and a temporary on-sale 3.2 ercent malt li uor license, with a re uest for a fee waiver. I. RECOMMENDED ACTION: By Motion: Approve a community celebration event license and a temporary on-sale 3.2 percent malt liquor license, with a fees waived, for the Fourth of July Committee for the annual events scheduled to take place June 30 through July 4, 2005. II. BACKGROUND Each year the Fourth of July Committee makes application for a community celebration event license and requests that the community celebration fee of $5,000 be waived for the activities that take place throughout the City for this celebration. This year's celebration is scheduled to take place June 30 through July 4, 2005. As in the past five years, they have also included a request for a temporary on-sale 3.2 percent malt liquor license which would allow them to serve beer and wine coolers at Veterans Memorial park during the July 3 activities. A copy of the liquor liability insurance has been provided. 0628 Fourth of July Licenses A detailed activity plan of the days' events is currently on file. A copy is also attached. The food concessions will be staffed by members of various organizations, most of which have been with the committee since the celebration began, The committee 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. In addition, each individual concessionaire has been approved by Doug Deyer of the Bloomington Health Department. All fees for each professional concession have been received. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of the City application process and meets the requirements for fee waiver. B. CRITICAL ISSUES • Public Safety Police Officers have been hired by the Fourth of July Committee to patrol the area for this event. • There have been no alcohol-related incidents in the past for this event. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Deny the request of a community celebration event license and a temporary on-sale 3.2 percent malt liquor license. This would result in the applicant not being able to conduct activities, especially those concerning food preparation and temporary on-sale 3.2 percent malt liquor sales, on June, 28th through July 4, 2005. V. ATTACHMENTS • Copy of the schedule of events. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Tom Rublein, President of the Fourth of July Committee, has been notified of the date for Council consideration of this request. Y ~ ~ 00 a LLj ~ W aww ~Cw7cn g } aQOJ g ~ ~ < ~ ~- ~ ~W °Q~ owQ °°°~ ;'",,-._-~~_. ~~ ~ QZQ ~1 ~ _ ~ c Ozz c ~° °C7w °~® coo ~L:.._.. ~3r`,, a~vO} ') ~_ ~ wg~ ~~ I w~ `° ~Z ~I-~ ~Qw ~O ~' ~0 ~ ~ a ~ ~.V Q~w2~ F- °o O O °o w. ~ ~ 1` w Fd- Z F Q pC D N ~ TI o o~ ~ ~ ~ ~~ a a J o~x z Z p a: ~~ ~ ~ ~^ a w ~~ ~ °z ~pOj ~ o ~m~ _}~- ala- QQ O aaztii~u~~ ..~ Q~ I °g~ app ~zw w~ pop>~ ~_ = gz ~o cn off I ~x ~ ocnao~o ~- aQ~ I po M Jo ~~ ~x ~ z.-i?~VwH' .~ HUQ o~oC ioW~ bra cnV ~ ~ w~ZH~ `V ~ o °~~ ~Q am0 zdS O 00p ~ z ~ ~~~ ~~ °~ ~~ ti, V ~~ ~ T' o ~a ^_ Q N Q Z ~ Q ~ ° ~ ~ o~~ -~ Q Uz C7 ~ ~ ~ z z o t °~ UQo h fO~Q°.Q~° h owCwz~ z0 ~~w ~'~ UQo QQ q i a ~ H Lu I Q~ a cn Y C~ I ~ IQ-U~ ~ V HU~U~~ ~ wp~~ uiw z~Q .A Hv~ iV p a ~_ p a~,~°- Z ~.~t-a w= w~o°- aV p a w o ~ w oazOO ~ = N° !- Q ~ ~ o 0 0 ~ .. ~ U o w z Z ''i ll~ ' _Z '"i Z .~ ~ ~ U Z_ '"~ ~ ~ p ~ ~ O Q ~ ~ ~ ~ ~ `a' chi ¢ ~w ~-+ w~~ aw N ~ ~ Z ~ Wa~Q oQ.~a > QHa aQ J ~ (L N ~ U~ ooC~ w ~ -~ C7zoo D Q ti J I'-' N~~ (7>wooi~o~ ~a~~ h WpU,'-'Og Z ~ Q LLI ~ Q i ~~Y I '~~ Yd- I ~ ~' Qz w~ ~ W W~ p ;~ V Q QV ~~ w g J io ~ a Q = H~ ~ a ~ ~ 2 z 'r'z QOOi° ~ ~a~ w~ N ~ ~ p nio p AGENDA SECTION: f;onsent AGENDA ITEM # ] I REPORT # 121 J STAFF REPORT CITY COUNCIL MEETING JUNE 28, 2005 REPORT PREPARED BY: COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE DAN SCOTT, DIRECTOR OF PUBLIC SAFETY ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for the renewal of a lawful gambling license and the adoption of the attached resolution for the Church of the Assumption, 305 East 78th Street, and waive the investi anon fee. I. RECOMMENDED ACTION: By Motion: • Approve the attached resolution in support of the renewal of the. State-issued Gambling Premises Permit for the Church of Assumption, 305 East 78th Street. • Waive the $100 investigation fee. IL BACKGROUND On June 13, 2005, the Church of the Assumption submitted a copy of their state application for the renewal of their lawful gambling license. The application requests renewal of their bingo and pulltab operations. Also submitted was a copy of a state form indicating that local government is no longer required to sign the state renewal application; however; a resolution from the local government must be supplied to the state. 0628 Assumption Gambling License The applicant is proposing to conduct bingo on Saturday evenings from 7 p.m. to 10 p.m. The pulltab operations would be conducted in conjunction with the bingo operation. The Public Safety Department has conducted the required background investigation and has determined that the applicant has complied with all of the requirements. The gambling manager, Ms. Wendy Uhrich, has no known criminal record. The applicant is requesting the $100 investigation fee be waived. III. BASIS OF RECOMMENDATION A. POLICY • The Richfield City Code 1100.13 requires the Public Safety Department to review the request for the gambling license and make its review and recommendation to the City Council. B. CRITICAL ISSUES • The applicant has complied with the State statutes and City code pertaining to lawful gambling. C. FINANCIAL • Applicant asks to have the $100 investigation fee waived. D. LEGAL • State issues gambling license; local (City) supports license by issuance of resolution. IV. ALTERNATIVE RECOMMENDATION~S~ • No alternative. State has approved the license. V. ATTACHMENTS • Resolution No. supporting state-issued gambling license for Assumption Church. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Wendy Uhrich, Gambling Manager RESOLUTION NO. A RESOLUTION GRANTING APPROVAL FOR THE CHURCH OF THE ASSUMPTION TO CONDUCT LAWFUL GAMBLING WHEREAS, the Church of the Assumption has submitted a copy of their state application requesting renewal of their lawful gambling license; and .WHEREAS, the application requests renewal for their bingo and pulltab operations; and WHEREAS, Minnesota State Statute Section 349.213 provides authority for review of applications by local authorities; and WHEREAS, Section 1100.13 of the Richfield City code provides regulation of lawful gambling; and WHEREAS, the Department of Public Safety has completed an investigation of the state application and finds the application to be in order; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. That a lawful gambling license be granted to the Church of the Assumption, 305 East 77th Street. Passed by the City Council of the City of Richfield, Minnesota this 28th day of June 2005. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: Consent AGENDA ITEM # _7H REPORT # .120 rl STAFF REPORT CITY COUNCIL MEETING JUNE 28, 2005 REPORT PREPARED BY: DAN SCOTT, DIRECTOR OF PUBLIC SAFETY NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Approve the acceptance of monetary and provisions support for the Richfield Police & Fire Safet Da . I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the acce tance of donations for the Police and Fire Safet Da . II. BACKGROUND The Public Safety Department/Police and the Fire Department have offered a Safety Camp/Safety Day for children going into the fourth grade for several years in l~ichfield. The Safety Day is a popular program in the community and offers a variety car learning situations for the youth attending. `i'he children are given safety demonstrations and materials that teach them about personal safety, railroad safety, fire prevention and safety, and are given the opportunity to interact with police officers and firefighters that mentor the groups. 0628 Resolution Accepting Donations for Safety Camp The following donations are presented for approval by the City Council: Contributor Arctic Glacier Ice Co. Broadway Pizza City of Richfield Liquors Cub Foods Southdale Dairy Queen DePaul Lettering EQ Life Erik's Bike Shop Frontier Vending Laundro Max, Inc. Lunds M&I Bank Old Country Buffet Richfield/Bloom. Credit Union Richfield McDonalds Richfield Fire Department Richfield Recreation Richfield Rotary Xcel Energy Champps Andon Balloons Item Donated Ice Italian Ice and Discounted Pizza Cooler Space and Assistance Loading Beverages Pop & Water 100 Dilly Bars T-Shirts at Cost Yoga Instructor for 2 sessions; 6 cases of water; First Aid Kit Supplies 60 Water Bottles 60 Candy Bars $500 $200 $1,000 Lettuce Salad, Dressing and Dinner Passes for Kids $500 Snacks, Beverage and Lunch for Kids and Staff $250 Mini-Golf Passes $1,000 $500 $25 Gift Certificate Four (4) Balloon Bouquets III. BASIS OF RECOMMENDATION A. POLICY • Minnesota Statute 465.03 requires every acceptance of a grant or devise of real or personal property on terms prescribed by the donor to 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 Statue 465.03. B. CRITICAL ISSUES • N/A C. FINANCIAL • The accepted monetary donations will be used for the sole purpose of providing provisions for Safety Day. D. LEGAL • Approval must be given by the City Council in order to accept the donations. IV, ALTERNATIVE RECOMMENDATION(S~ • Council could deny the resolution and the funds and other donations would be returned to the businesses and organizations supporting Safety Day; however, Safety Day is an event that is important to City businesses and is a way for them to express their support for youth programs. V. ATTACHMENTS • Resolution No. accepting donations from above listed organizations. VIe PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE TO ACCEPT DONATIONS OF MONETARY AND OTHER GIFTS FROM COMMUNITY BUSINESSES AND ORGANIZATIONS IN SUPPORT OF SAFETY DAY WHEREAS, the Public Safety Department, Police division, through its Director, would like to accept the gifts of support from community organizations towards the annual Safety Day; and WHEREAS, Minnesota Statute 465.03 requires every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council; and WHEREAS, the following organizations/businesses have offered to donate to Safety Day as follows: Contributor Item Donated Arctic Glacier Ice Co. Ice Broadway Pizza Italian Ice and Discounted Pizza Richfield Liquors Cooler Space and Assistance Loading Beverages Cub Foods Southdale Pop and Water Dairy Queen 100 Dilly Bars DePaul Lettering T-Shirts at Cost EQ Life Yoga Instructor for 2 sessions; 6 cases of water; First-aid kit supplies Erik's Bike Shop 60 Water Bottles Frontier Vending 60 Candy Bars Laundro Max, Inc. $500 Lunds $200 M&I Bank $1,000 Old Country Buffet Lettuce salad, dressing, and dinner passes for kids RBCU $500 Richfield McDonalds Snacks, beverage and lunch for kids and staff Richfield Fire Department $250 Richfield Recreation Mini-Golf passes Richfield Rotary $1,000 Xcel Energy $500 Champps $25 Gift Certificate Andon Balloons Four (4) Balloon Bouquets NOW, THEREFORE, BE IT RESOLVED that approval is given for Director Dan Scott to accept the above donations on behalf of the Public Safety Department/Police. Adopted by the City Council of the City of Richfield, Minnesota this 28th day of June 2005. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REPORT # x F°~ =-~~ STAFF REPORT CITY COUNCIL MEETING JUNE 28, 2005 consent 7G REPORT PREPARED BY: BRAD SVEUM -ACTING FIRE CHIEF NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution accepting a donation of $100 from the Richfield/Bloomington Ea les #3208 Gamblin Fund for the Richfield Fire Services De artment. I. RECOMMENDED ACTION: By Motion: Approve the resolution accepting the donation of $100 from the Richfield/Bloomington Eagles #3208 Gambling Fund. in accordance with Minnesota Statute 465.03 for the Richfield Fire Services De artment. II. BACKGROUND The Richfield/Bloomington Eagles, in past years, have donated gambling fund revenue to the Richfield Fire Department to be used for automatic external defibrillators or other emergency medical equipment. III. BASIS OF RECOMMENDATION A. POLICY • Minnesota State Statute 465.03 requires all donations to be accepted by resolution of the City Council adopted by atwo-thirds majority vote. 0628firedonation B. CRITICAL ISSUES • This donation aids in reducing the expenditure for Fire operations from the General Fund C. FINANCIAL • There are no financial costs associated with the acceptance of this donation D. LEGAL • Minnesota State Statute 465.03 requires all donations to be accepted by resolution of the City Council) adopted by atwo-thirds majority vote. IV. ALTERNATIVE RECOMMENDATION~S~ • None V. ATTACHMENTS • Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Member of the Richfield/Bloomington Eagles #3208 RESOLUTION NO. RESOLUTION AUTHORIZING ACCEPTANCE OF DONATION BY THE RICHFIELD/BLOOMINGTON EAGLES CLUB #3208, RECEIVED BY THE CITY OF RICHFIELD AND TO AUTHORIZE THE CITY TO ADMINISTER THE FUNDS IN ACCORDANCE AGREEMENTS AND TERMS PRESCRIBED BY THE DONORS WHEREAS, Minnesota Statute 465.03 reads in part as follows: Any city, county school district or town may accept a grant or devise of real or personal property and maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Nothing herein shall authorize such acceptance or use for religious or sectarian purposes.. Every acceptance shall be by resolution of the council adopted by two-thirds majority of its members, expressing such terms in full, and WHEREAS, the City of Richfield has received a donation of $100 from the Richfield/Bloomington Eagles Club #3208, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. That the City Council of the City of Richfield hereby accepts the $100 donation from the Richfield/Bloomington Eagles Club #3208 and authorizes the City to administer the funds in accordance with the grant agreements and terms prescribed by the donors. Adopted by the City Council of the City of Richfield, Minnesota the 28th day of June, 2005 Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: Consent AGENDA ITEM # 7F REPORT # 118 STAFF REPORT CITY COUNCIL MEETING JUNE 28, 2005 REPORT PREPARED BY: BARRY C. FRITZ, POLICE CAPTAIN NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Council approval of resolution to accept monetary donation from the American Legion Auxiliary Post #435, desi Hated for Police Vest Fund. I. RECOMMENDED ACTION: By IVlotion: Approve the attached resolution allowing the acceptance of a monetary donation from the American Legion Auxiliary Post #435, desi Hated for urchase of olice safet vests. II. BACKGROUND It has become an annual occurrence that the Bloomington-Richfield American Legion Auxiliary Post #435 donates a monetary gift to the Richfield Police which they designate for the police safety vest fund. The donation is always accompanied by a note indicating that their donation is for the "bullet proof vest fund." This year's donation is in the amount of $50. 0628 Resolution to Accept Donation from American Legion Auxiliary #435 III. BASIS OF RECOMMENDATION A. POLICY • Minnesota Statute 465.03 requires every acceptance of a grant or devise of real or personal property on terms prescribed by the donor to 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 more than two-thirds majority of the City Council in accordance with Minnesota Statute 465.03. B. CRITICAL ISSUES • N/A C. FINANCIAL • The $50 check will be deposited in the Safety Vest Fund. I~. LEGAL • Approval must be given by the City Council in order to accept the donation. IV. ALTERNATIVE RECOMMENDATION(S~ • Council could deny the resolution and the funds would be returned to the Auxiliary; however, the donation will be used only for the designated purpose. V, ATTACHMENTS • Resolution No. accepting the donation from the Minneapolis-Richfield American Legion Auxiliary #435. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Terry Cruzen, the Gambling Manager, has been advised of the meeting. RESOLUTION NO. RESOLUTION AUTHORIZING THE PUBLIC SAFETY DEPARTMENT, POLICE DIVISION, TO ACCEPT A CHECK FOR $50 FROM THE MINNEAPOLIS-RICHFIELD AMERICAN LEGION AUXILIARY #435 TO BE USED FOR TOWARDS PURCHASING POLICE SAFETY VESTS WHEREAS, the members of the Minneapolis-Richfield American Legion Auxiliary #435 have expressed a concern for the safety of Richfield police officers; and WHEREAS, the Auxiliary has shown their interest in providing protection for Richfield police officers by contributing funds that are designated for police bullet proof safety vests WHEREAS, the donation for 2005 is in the amount of $50; and WHEREAS, Minnesota Statute 465.03 requires every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council; and NOW, THEREFORE, BE IT RESOLVED that permission is given to the Public Safety Department/Police, through its Public Safety Director, to accept the donation of $50 for deposit in the Safety Vest fund. Adopted by the City Council of the City of Richfield, Minnesota this 28th day of June, 2005. Martin J. Kirsch, Mayor ATTESTe Nancy Gibbs, City Clerk AGENDA SECTION: Consent AGENDA ITEM # ~E REPORT # 117 ~J STAFF REPORT CITY COUNCIL MEETING JUNE 28, 2005 REPORT PREPARED BY: DAN SCOTT, DIRECTOR OF PUBLIC SAFETY NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY n/i MANAGER: ~Q ITEM FOR COUNCIL CONSIDERATION: Council approval of a resolution authorizing the Public Safety Department's acceptance of a donation of $2,000 from the Richfield/Bloomin ton Honda dealershi . I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the Public Safety Department's acceptance of a donation of $2,000 from the Richfield/Bloomington Honda dealership to be .used by the Police Division strict) for the K-9 ro -ram. IL BACKGROUND Businesses, organizations, and occasionally residents have expressed how proud they are of the law enforcement programs and accomplishments in Richfield because the programs and quality of service add to their sense of safety and security as they live and work in Richfield. Neighboring communities such as Bloomington, Edina and the Airport Police, as well as Richfield, will at times request assistance from. each other. To ensure that programs continue, they will offer to contribute to specified areas, such as the K-9 unit or protective vests for officers. 0628 Resolution to Accept Donation from Richfield Bloomington Honda III, BASIS OF RECOMMENDATION A. POLICY • Minnesota Statute 465.03 requires every acceptance of a grant or devise of real or personal property on terms prescribed by the donor to be made by resolution approved by more than two-thirds of the City Council. • The Administrative Services Department issued a memo on November 9, 2004 requiring that all grants and restricted donation to departments be received by resolution and passed by more than two-thirds majority of the City Council in accordance with Minnesota Statue 465.03. B. CRITICAL ISSUES • Richfield/Bloomington Honda is offering a donation of $2,000 to the Richfield Police Division to be used specifically for the Canine Program. C. FINANCIAL • The $2,000 donation was ear marked for the K-9 Unit only. Funds for the maintenance of the K-9 Unit are taken from the ForFeiture Fund, and therefore, the donation would be deposited in that particular fund. • The accepted donation will be applied to the canine program towards the expenses of the police K-9 unit. D. LEGAL • Approval must be given by the City Council in order to accept the donation. IV. ALTERNATIVE RECOMMENDATION~S~ • Council could deny the resolution and the funds would be returned to the Richfield/Bloomington Honda dealership. V. ATTACHMENTS • Resolution No. accepting a donation of $2,000 from Richfield/Bloomington Honda. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Tim Carter, Richfield Bloomington .Honda RESOLUTION NO. RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE TO ACCEPT A DONATION OF $2,000 FROM RICHFIELD/BLOOMINGTON HONDA WHEREAS, the Public Safety Department, Police division, through its Director, would like to accept a check for $2,000 from the Richfield/Bloomington Honda dealership; and WHEREAS, Minnesota Statute 465.03 requires every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council; and WHEREAS, Richfield/Bloomington Honda would like to present Richfield Police with a check for $2,000, with the stipulation that the funds be used for the Police K-9 unit. NOW, THEREFORE, BE IT RESOLVED that Director Dan Scott will accept the donation of $2,000 to be placed in the fund established for the use by the Public Safety Department, Police Division and its canine program. 2005. Adopted by the City Council of the City of Richfield, Minnesota this 28th day of June Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: Consent AGENDA ITEM # 7D REPORT # 1.16 STAFF REPORT CITY COUNCIL MEETING JUNE 28, 2005 JIM TOPITZHOFER, REPORT PREPARED BY: RECREATION SERVICES DIRECTOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing application to the Minnesota Department of Finance for funding of the Richfield Recreation Asset Replacement Project (Lincoln Fields Park) throu h the 2006 Ca ital Bud et Bondin Bill. I. RECOMMENDED ACTION: By motion: Adopt the attached resolution authorizing an application to the Minnesota Department of Finance for funding of the Richfield Recreation Asset Replacement Project (Lincoln Fields Park) through the 2006 Capital Budget Bonding Bill. III. BACKGROUND ~ A request was sent for $550,000 in State funding for Phase Two of Richfield's Recreation Asset Replacement Plan; to pre-design, design, construct and equip the replacement of four athletic fields lost as a result of airport expansion. The City of Richfield leased recreational property from the Metropolitan Airport Commission for over 40 years, accommodating 13 softball and baseball fields, a golf course and community gardens. MAC canceled this lease on October 29, 1996, because of plans to construct the North-South Runway. As a result, the City of Richfield organized a taskforce with the responsibility for devising a plan for the 061405bonding bill resolution of support replacement of the lost facilities. After a thorough study and public review process was completed, City Council approved the replacement plan and applied for State funding. In 1999, the City received State Capital Appropriations in the amount of $2,000,000 for the partial replacement of lost baseball and softball fields. Phase One of the replacement plan was then completed, including reconfiguration and improvements to the following Richfield parks and school facilities: Roosevelt (4 baseball fields), Richfield Middle School (4 softball fields), Richfield Intermediate School (2 softball fields), Donaldson Park (1 baseball field), and the Academy of Holy Angels (1 baseball field). A second taskforce was organized in 2003 to begin planning for Phase Two, which includes reconfiguring and improving the remaining four lost fields at Lincoln Fields Park. The taskforce has recommended a design for Lincoln Fields to accommodate both baseball and softball, which offers the most flexibility. Another objective of the taskforce was to make sure that all facilities were equitable for girls and boys. The design includes grading an existing park to accommodate four fields, fencing, parking lot, concession/restroom building, irrigation, dugouts, and lighting. The project will benefit primarily the Richfield community. Airport expansion, the cause of the asset relocation, greatly benefits the entire region. III. BASIS OF RECOMMENDATION A. POLICY • At the June 14, 2005 At the June 14, 2005 City Council meeting, a resolution was adopted supporting a 2006 bonding bill request to the State of Minnesota for financial assistance with the reconfiguration of 17th Avenue due to regional airport impacts. • In addition to the above application for 2006 State bonding funds, another application was submitted by the City of Richfield for $550,000 of funds for ballfield improvements. A resolution for support of this request is attached for consideration. • Both requests are of a regional significance because of airport expansion and would likely qualify for consideration. However, at some point in the near future, the City Council will have to assess the relative priority of these two requests for submission to the State, as a requirement of the applications. • The City of Richfield has not pursued State bonding funds since 1999 and staff believes that both of the requests are worthy of State funding. B. CRITICAL ISSUES • The application for funds was due to the Minnesota Department of Finance by June 15, 2005. C. FINANCIAL • Matching funds for the project have been included in the proposed Capital Improvement Plan. Grants to cities for successful application for State bonding funds do not have to be repaid to the State and cannot exceed 50% of the cost of the entire project. D. LEGAL • The program guidelines require the City Council to pass a resolution in support of the application. IV. ALTERNATIVE RECOMMENDATION~S~ • Deny authorization. V. ATTACHMENTS • Resolution. Memo regarding request for State appropriations. VI. PRINCIl'AL PARTIES EXPECTED AT MEETING • N/A RESOLUTION NO. RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE MINNESOTA DEPARTMENT OF FINANCE FOR FUNDING THE RICHFIELD RECREATION ASSET REPLACEMENT PROJECT -PHASE TWO THROUGH THE 2006 CAPITAL BUDGET BONDING BILL WHEREAS the City of Richfield (the "City") is a city located within the State of Minnesota and is therefore eligible to make application for funding through the State bonding process; and WHEREAS, the City supports the Application made to the Minnesota Department of Finance for funding of the Richfield Recreation Asset Replacement Project - Phase Two as a necessary capital improvement; 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 Manager is hereby authorized to apply to the Minnesota Department of Finance for this funding on behalf of the City of Richfield and 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 this 28th day of June, 2005. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk MEMORANDUM Date: June 15, 2005 To: Tam Harren, illlinnesota State Department of Finance From: Jim Topitzhofer, Recreation Services Director, City of Richfield Subject: Request for State Appropriations Name of Local Government City of Richfield, 6700 Portland Avenue, Richfield, Minnesota, 55423 Project Title Richfield Recreation Asset Replacement Project -Phase Two Project Priority Number Richfield City Council will determine the project priority number on June 28, 2005. Project Location .Lincoln Fields Park, 7500 Pleasant Avenue, Richfield, Minnesota Total Project Cost $1,100,000 Request for State Funds in 2006 $550,000 Additional State funds to be requested in 2008 None Additional State funds to be requested in 2010 None Non-State funds to be contributed to the project The City of Richfield will match State funding in the amount of $550,000. Project Description ~ Rationale This request is for $550,000 in State funding for Phase Two of Richfield's Recreation Asset Replacement Plan; to pre-design, design, construct and equip the replacement of four athletic fields lost as a result of airport expansion. The City of Richfield leased recreational property from the Metropolitan Airport Commission for over 40 years, accommodating 13 softball and baseball fields, a golf course and community gardens. MAC canceled this lease on October 29, 1996, because of plans to construct the North-South Runway. As a result, the City of Richfield organized a taskforce with the responsibility for devising a plan for the replacement of the lost facilities. After a thorough study and public review process was completed, City Council approved the replacement plan and applied for State funding. In 1999, the City received State Capital Appropriations in the amount of $2,000,000 for the partial replacement of lost baseball and softball fields. Phase One of the replacement plan was then completed, including reconfiguration and improvements to the following Richfield parks and school facilities: Roosevelt (4 baseball fields), Richfield Middle School (4 softball fields), Richfield Intermediate School {2 softball fields}, Donaldson Park (1 baseball field), and the Academy of Holy Angels (1 baseball field}. A second taskforce was organized in 2003 to begin planning for Phase Two, which includes reconfiguring and improving the remaining four lost fields at Lincoln Fields Park. The taskforce has recommended a design for Lincoln Fields to accommodate both baseball and softball, which offers the most flexibility. Another objective of the taskforce was to make sure that all facilities were equitable for girls and boys. The design includes grading an existing park to accommodate four fields, fencing, parking lot, concession/restroom building, irrigation, dugouts, and lighting. The project will benefit primarily the Richfield community. Airport expansion, the cause of the asset relocation, greatly benefits the entire region. Identify Who Will Own the Facility The City of Richfield will own and operate the facility. Identify Total Project Costs Land Acquisition -0- Pre-Design $5,000 Design $75,000 Construction $920,000 Equipment $100,000 Identify Square Footage Lincoln Fields Park - 7.1 Acres Concession/Restroom Building - 900 Square Feet Project Schedule Constnaction crews are expected to arrive in April, 2006. Constnaction is planned to be complete with certificate of occupancy in November, 2006. Identify Additional State Operating Dollars The City of Richfield is solely responsible for operating expenses of the facility. No State funds will be used for operating. Attach a Resolution of Support Richfield City Council will consider the attached resolution and will assign a priority number on June 28, 2005. Project Contact Person Jim Topitzhofer, Recreation Services Director City of Richfield, 6700 Portland Avenue, Richfield, MN 55423 612-861-9394 jtopitzhofert~ cityofrichfield. orq AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING JUNE 28, 2005 consent 7C I15 REPORT PREPARED BY: RANDY HUGHES, OPERATIONS SUPERINTENDENT NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ~- ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolutions pertaining to the annual 77th Street maintenance district assessment rocess.. RECOMMENDED ACTION: By Motion: Adopt the attached resolution proposing to assess commercial properties in the 77th Street assessment district for costs incurred to maintain the area for 2004 and adopt the attached resolution proposing a similar assessment process to be implemented for 2006 and setting a public hearing date for August 9, 2005 for both. 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, 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. 062877th0305assess III. BASIS OF RECOMMENDATION A. POLICY • Section 825 of the City Code indicates "current services" mean one or more of the following: (a) snow, ice, or rubbish removal from sidewalks; (b) weed elimination. from streets or private property; (c) removal or elimination of public health or safety hazards from private property, excluding and structure included under the provisions of Minnesota Statues, sections 463.15 to 463.26; (d) installation or repair of water service lines; (e) street sprinkling, sweeping, or other dust treatment of streets; (f) the trimming and care of trees and the removal of unsound trees from any street; (g) the treatment and removal of insect-infested or diseased trees on private property; (h) the repair of sidewalks and alleys; (i) the operation of a street lighting system; (j) the maintenance of landscaped areas, decorative parks and other public amenities on or adjacent to street right-of-way; and (k) snow removal and other maintenance of streets in commercial redevelopment areas. Council ordered the work, and the work is done. Resolution No. 7405, adopted in 1988, established a policy for assessing the costs. Commercial property owners will be assessed on aper-square-foot basis. However, all single family and multi-family residential properties; plus the two churches in the area, would be exert~pt from the special assessment levy. B. CRITICAL ISSUES • New developments on 77th Street take advantage of the extra amenities along 77th Street. • The addition of landscaping on the 7600 block of Lyndale will add to the district's maintenance costs next year. C. FINANCIAL • Estimated and actual costs for the from 1989 - 2005 are: Year Estimate 1995 $18,000 1996 $33,795 1997 $58,973 1998 $74,765 1999 $80,000 2000 $80,000 2001 $85,000 77th Street maintenance services Actual $10,569.06 $36,850.31 $44,729.90 $54,629.54 $76,674.70 $70,594.20 $78,884.49 2002 $80,000 $75,490.39 2003 $80,000 $59,831.07 2004 $80,000 $63,842.79 2005 $80,000 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. • Section 825, Subd. 2 states that "the City Clerk, under the Council's direction, shall publish notice that the Council will meet to consider the undertaking of current services and levying of special assessments to pay costs thereof." IV. ALTERNATIVE RECOMMENDATION~S~ • Council may make any changes to the assessment roll as deemed necessary after the public hearing. V. ATTACHMENTS • Resolution declaring costs to be assessed and ordering preparation of the proposed assessment roll for 2004 77th Street Maintenance. • Resolution proposing to specially assess for current services for 2006. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. RESOLUTION NO. RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 77TH STREET MAINTENANCE FOR THE PERIOD JANUARY 1, 2004 THROUGH DECEMBER 31, 2004 WHEREAS, costs have been determined for the maintenance of the 77th Street Redevelopment Area the boundaries of which are approximately east of I-35W and west of Cedar Avenue in the City of Richfield and the expenses incurred or to be incurred for such maintenance amount to $63,842.79 for the period of January 1, 2004 through December 31, 2004. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The portion of the cost to be assessed against benefited property owners is declared to be $63,842.79. 2. The City Clerk shall forthwith calculate the proper amount to be specially assessed for such maintenance against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in his office for public inspection. 3. The City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. 4. A hearing shall be held on the 9th day of August, 2005, in the Council Chambers of the City Hall at 6:30 p.m. or as soon thereafter as the matter can be reached on the agenda to pass .upon such proposed assessment and at such time and place all persons owning property affected by said maintenance assessment will be given an opportunity to be heard in reference to such assessment. 5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the maintenance. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted by the City Council of the City of Richfield, Minnesota this 28th day of June, 2005. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE 77TH STREET PROJECT AREA FOR THE PERIOD JANUARY 1, 2006 THROUGH DECEMBER 31, 2006 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: There is hereby established a special assessment district, the boundaries of which are east of I-35W and west of Cedar Avenue, for the purposes of assessing for current services provided by the City. 2. The following current services of the City are hereby proposed to be undertaken by the City in the District with the cost of such services to be specially assessed against benefited property within the District; • The trimming and care of trees and shrubs and the removal of any unsound trees from any street; • The repair of sidewalks; • The maintenance of landscaped areas and other public amenities on or adjacent to street rights-of-way; • Trash and litter removal. 3. The area proposed to be specially assessed for such current services consists of each and every commercial lot and parcel of land within the District. It is proposed that the special assessments on the commercial property be made on the basis of area. 4. The City Clerk is hereby authorized and directed to publish notice of a hearing by this Council at which the Council will consider the undertaking of such current services and the levying of special assessments to bear the costs thereof. Such notice shall be published in the official newspaper at least once, at least two weeks prior to the date of hearing. The City Clerk shall also give mailed notice of such hearing as required by law. Such hearing shall be held Tuesday, August 9, 2005, commencing at 6:30 p.m. or as soon thereafter as the matter can be reached on the agenda. 5. It is hereby proposed that the project consist of the aforementioned services for the period from January 1, 2006 through December 31, 2006. The estimated cost of providing all of the aforementioned services during that period is $80,000. Passed by the City Council of the City of Richfield, Minnesota this 28th day of June, 2005. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: Consent AGENDA ITEM # _ ~B REPORT # 114 ~- STAFF REPORT CITY COUNCIL MEETING JUNE 28, 2005 REPORT PREPARED BY: RANDY HUGHES, OPERATIONS SUPERINTENDENT NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolutions pertaining to the annual Lyndale/HUB/Nicollet (LHN) maintenance assessment rocess. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution declaring costs to be .assessed and ordering preparation of the proposed assessment roll for 2004 Lyndale/HUB/Nicollet (LHN) Maintenance and adopt the attached resolution proposing a similar assessment process to be implemented for 2006 and schedule the public hearing for August 9, 2005 for both. II. BACKGROUND The Lyndale/HUB/Nicollet (LHN) maintenance assessment was established to recover extraordinary maintenance expenses in the LHN (66th Street/Lyndale/Nicollet) area in 1981. The extraordinary services include irrigation, 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 2004 maintenance of this area and estimated costs for the 2006 maintenance. 06281 h n0406 III. BASIS OF RECOMMENDATION A. POLICY • Section 825 of the City Code indicates "current services" mean one or more of the following: (a) snow, ice, or rubbish removal from sidewalks; (b) weed elimination from streets or private property; (c) removal or elimination of public health or safety hazards from private property, excluding and structure included under the provisions of Minnesota Statues, sections 463.15 to 463.26; (d) installation or repair of water service lines; (e) street sprinkling, sweeping, or other dust treatment of streets; (f) the trimming and care of trees and the removal of unsound trees from any street; (g) the treatment and removal of insect-infested or diseased trees. on private property; (h) the repair of sidewalks and alleys; (i) the operation of a street lighting system; (j) the maintenance of landscaped areas, decorative parks and other public amenities on or adjacent to street right-of--way; and (k) snow removal and other maintenance of streets in commercial redevelopment areas. Council ordered the work, and the work is done for 2004. Council needs to order the work for 2006. 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, • Estimated and actual costs for the LHN maintenance. services from 1989-2004 were/are: Year Estimated Actual 1989 $43,151.19 1990 $44,560 $43,539.10 1991 $44,153 $43,825.22 1992 $46,484 $47,005.26 1993 $45,050 $34,866.01 1994 $45,115 $44,635.70 1995 $45,516 $36,105.50 1996 $46,080 $48,118.39 1997 $47,730 $31,208.46 1998 $49,165 $39,127.73 1999 $50,640 $47,470.80 2000 $45,000 $31,273.61 2001 $50,000 $52,556.06 2002 $50,000 $35,136.62 2003 $52,000 $37,785.67 2004 $50,000 $44,031.39 2005 $50,000 Fluctuations in expenditures for maintenance of LHN are caused by a number of factors. Weather determines water usage and irrigation costs; street light knockdowns are never foreseeable and very expensive; and the need to paint streetlights and repair concrete varies from year to year. D. LEGAL • Section 825, Subd. 2 states that "the City Clerk, under the Council's direction, shall publish notice that the Council will meet to consider the undertaking of current services and levying of special assessments to pay costs thereof." IV. ALTERNATIVE RECOMMENDATION~S~ • Council may make any changes to the assessment roll as deemed necessary after the public hearing. V. ATTACHMENTS • Resolution declaring costs to be assessed and ordering preparation of the proposed assessment roll for 2004 LHN Maintenance. • Resolution proposing to specially assess the costs of current services for 2006. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. RESOLUTION NO. RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD JANUARY 1, 2004 THROUGH DECEMBER 31, 2004 WHEREAS, costs have been determined for the 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 and the expenses incurred or to be incurred for such maintenance amount to $44,031.39 for the period of January 1, 2004 through December 31, 2004. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The portion of the cost to be assessed against benefited property owners is declared to be $44,031.39. 2. The City Clerk shall forthwith calculate the proper amount to be specially assessed for such maintenance against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in his office for public inspection. 3. The City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. 4. A hearing shall be held on the 9th day of August, 2005, in the Council Chambers of the City Hall at 6:30 p.m. or as soon thereafter as the matter can be reached on the agenda to pass upon such proposed assessment and at such time and place all persons owning property affected by said maintenance assessment will be given an opportunity to be heard in reference to such assessment. 5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the maintenance. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing Adopted by the City Council of the City of Richfield, Minnesota this 28th day of June, 2005. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE LYNDALE/HUB/NICOLLET (LHN) PROJECT AREA FOR THE PERIOD, JANUARY 1, 2006 THROUGH DECEMBER 31, 2006. BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: There is hereby established a special assessment district, the boundaries of which are conterminous with the Lyndale/Hub/Nicollet (LHN) Redevelopment Project Area, for the purposes of assessing for current services provided by the City. 2. The following current services of the City are hereby proposed to be undertaken by the City in the district, with the costs of such services to be specially assessed against benefited property within the district: • Snow, ice or rubbish removal; • Weed elimination; • 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; • Installation or repair of water service lines; • Street sprinkling or other dust treatment of streets; • Trimming and care of trees and the removal of unsound trees; • Repair of sidewalks, crosswalks, and other pedestrian walkways; • Operation of the street lighting system; • Maintenance of landscaped areas and other public amenities on or adjacent to street right-of-way; • Maintenance of Civic Plaza; • Snow removal and other maintenance of streets; • Painting and repair of wood furniture; • General maintenance, including repairs and replacement. 3. The area proposed to be specially assessed for such current services consists of every assessable lot and parcel of land within the district. It is proposed that special assessments on commercial property be made on .the basis of the area with each square foot of assessable commercial property within the district being assessed an equal amount for maintenance of common are. Exempt from the special assessment levy shall be all single family, two-family, multiple family residential property within the LHN redevelopment district. Special maintenance of individual commercial properties shall be assessed directly for costs incurred in performing said maintenance to said property. 4. The City Clerk is authorized and directed to give public notice of a hearing by this Council at which the Council will consider the undertaking of such current services and the levying of special assessments to bear the costs thereof. The City Clerk shall also give mailed and published noticeof such hearing as required by law. Such hearing 5. shall be held on Tuesday, August 9, 2005, commencing at 6:30 p.m. or as soon thereafter as the matter can be reached on the agenda. 6. It is hereby proposed that the project consist of the costs of the aforementioned services for the period of January 1, 2006 through December 31, 2006. The estimated cost of providing all the aforementioned current services during that period is $50,000. Adopted by the City Council of the City of Richfield, Minnesota this 28th day of June, 2005. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: Consent AGENDA ITEM # 7A REPORT # 113 STAFF REPORT CITY COUNCIL MEETING JUNE 28, 2005 REPORT PREPARED BY: RANDY HUGHES, OPERATIONS SUPERINTENDENT NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution declaring costs to be assessed for removal of diseased trees from rivate ro ert for work ordered in 2004. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution declaring costs to be assessed and ordering the preparation of the proposed assessment roll for the removal of diseased trees from private property for work ordered in 2004 and setting the date of hearing on the proposed assessment for Auaust 9. 2005. II. BACKGROUND Property owners of diseased trees have four options available: 1. Remove the tree themselves. 2. Hire and pay their own contractor. 3. Hire the City's contractor and pay for the removal within 30 days. 4. ,Use the City's contractor and request that the cost of the tree removal be assessed against their property tax. In the period from January 1, 2004 through December 31, 2004, 42 property owners chose the fourth option. 0628TreeAssess III. BASIS OF RECOMMENDATION A. POLICY • The work has been done with prior approval from the affected residents. B. CRITICAL ISSUES • Minnesota. State Statute requires the County to be notified of all special assessments. 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, 2004 through December 31, 2004 have been determined to be $63,967.75. • The original source of funding to have the work done is through the City's Permanent Improvement Revolving Fund. The property owner may prepay the special assessment, but after the assessment is certified on or before October 10, 2005, for the 2006 taxes, the interest rate is four percent with the payment spread over three years. 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. IV. ALTERNATIVE RECOMMENDATION~S~ • Council may revise the special assessment roll as deemed necessary following the public hearing. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 2004 TO DECEMBER 31, 2004 WHEREAS, costs have been determined for the removal of diseased trees from private properties in the City of Richfield and the expenses incurred or to be incurred for such work ordered during the period of January 1, 2004 through December 31, 2004 amount to $63,967.75. Property Address 6205 Logan Avenue South 6217 3rd Avenue South 7508 Oakland Avenue South 6400 Morgan Avenue South 7513 Aldrich Avenue South 7545 Bryant Avenue South 6345 Bloomington Avenue South 6820 Upton Avenue South 6916 Thomas Avenue South 6809 12th Avenue South 6744 Elliot Vincent Avenue South 6839 12th Avenue South 6801 12th Avenue South 6912 Penn Avenue South 2905 W 71st Street 6333 13th Avenue South 6324 Oliver Avenue South 6629 Logan Avenue South 7626 Dupont Avenue South 6631 Pillsbury Avenue South 7001 5th Avenue South 100E 66th Street 6444 16th Avenue South 6512 Logan Avenue South 6855 Oakland Avenue South 7415 Thomas Avenue South 6517 Bloomington Avenue South 7209 Sheridan Avenue South 6211 Morgan Avenue South 7004 Columbus Avenue South 6819 Irving Avenue South 697 Thomas Avenue South 7012 Portland Avenue South 6616 15th Avenue South 6528 Logan Avenue South 7338 Thomas Avenue South 2920 W 71 1 /2 Street Property Identification Number 28-02824-21-0124 27-02824-11-0003 35-02824-32-0013 28-02824-9-0044 33-02824-41-0166 33-02824-41-0140 26-02824-11-0025 29-02824-43-0030 29-02824-43-0170 26-02824-43-0026 26-02824-31-0065 26-02824-43-0028 26-02824-43-0016 29-02824-44-0161 32-02824-12-0052 26-02824-12-0146 28-02824-22-019 28-02824-31-0054 33-02824-43-0024 27-02824-21-0088 34-02824-11-0087 27-02824-13-0075 26-02824-14-0085 28-02824-9-0120 26-02824-33-0100 32-02824-41-0022 26-02824-14-0114 32-02824-14-0052 28-02824-22-0049 35-02824-22-0011 28-02824-34-0005 29-02824-11-0016 34-02824-11-0072 26-02824-42-0067 28-02824-9-019 32-02824-13-0044 32-02824-12-0032 7226 Sheridan Avenue South 32-02824-14-0058 7020 Garfield Avenue South 34-02824-22-0025 6436 Oliver Avenue South 28-02824-9-0005 6817 Lyndale Avenue South 27-02824-33-0122 7046 5th Avenue South 34-02824-11-0096 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The total cost to be assessed against benefited property owners is declared to be $63,967.75. 2. The City Clerk shall forthwith calculate the proper amount to be specially assessed for such work against each benefited property, and shall file a copy of such proposed assessment in his office for public inspection. 3. The Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. 4. A hearing shall be held on the 9th day of August, 2005 in the City Hall Council Chambers at 6:30 p.m., or as soon as hereafter as it may be reached on the agenda, to pass upon such proposed assessment and at such time and place all persons owning property affected by said diseased tree removal assessment will be given an opportunity to be heard in reference to such assessment. 5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment at least two weeks prior to the hearing, and he shall state in the notice the total cost of the diseased tree removal. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted by the City Council of the City of Richfield this 28th day of June, 2005. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk