01-11-05 agendaCITY OF RICHFIELD, MINNESOTA
TUESDAY, JANUARY 11, 2005
SPECIAL CITY COUNCIL WORKSESSION
COUNCIL CHAMBERS
6700 PORTLAND AVENUE
5:30 P.M.
Call to order
Roll call
1. Annual meeting with local Legislators to discuss City of Richfield legislative priorities for
2005
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 fo the meeting.
Notes:
Pledge of Allegiance
Approval of minutes of (1) Special City Council Meeting of December 6, 2004; (2) Special City
Council Worksession of December 14, 2004; and (3) Regular City Council Meeting of
December 14, 2004
PRESENTATIONS
Recognition of Richfield Police Officer Mike Sieve as Richfield Police OfFicer of the Year for
2004 Performance
2. Presentation of Richfield Public Safety commendations to Police Sergeant John Conito,
Police Sergeant Mark Shelley, Police Officer Jeff Hatzenbeller and Police Officer Mike
Sieve
COUNCIL DISCUSSION
3. Council discussion
Hats Off To Hometown Hits
Notes:
CITY MANAGER'S REPORT
4. City Manager's report
Notes:
AGENDA APPROVAL
5. Council approval of agenda
CONSENT CALENDAR
6. Consent Calendar contains several separate items, which are acted upon by the City
Council in one motion. Once the Consent Calendar has been approved, the
individual items and recommended actions have also been approved. No further
Council action is necessary. However, any Council Member may reqquest 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 first reading of ordinance modifying electric franchise fee on
Northern States Power d/b/a Xcel Energy for providing electric service within City of
Richfield and schedule public hearing and second reading for February 8, 2005 S.R. No. 6
B. Consideration of approval of first reading of ordinance modifying gas franchise fee on
CenterPoint Energy for providing gas service within City of Richfield and schedule public
hearing and second reading for February 8, 2005 S. R. No. 7
C. Consideration of approval of resolution providing 2005 human service agencies funding
recommendations in total amount of $93,570 S.R. No. 8
D. Consideration of approval of purchase of five new squad cars from Superior Ford in
amount of $105,084.43 S.R. No. 9
E. Consideration of approval of forgiving fees imposed on former Council Member for
purpose of cashing stale-dated City payroll checks S.R. No. 10
F. Consideration of approval of addendum to original Orfield Laboratories contract for
additional $4,250 for creation of design standards in 87dB area for low frequency noise
compatible construction with building developers S.R. No. 11
Notes:
7. Consideration of items, if any, removed from Consent Calendar
Notes:
PUBLIC HEARING
8. Public hearing and consideration of second reading of transitory ordinance authorizing fee
schedule for permits and applications related to official controls
Staff Report No. 12
Notes:
OTHER BUSINESS
9. Consideration of designation of Council Member(s) attending March 2005 National
League of Cities Congressional Conference; July 2005 N.O.I.S.E. Conference and
December 2005 National League of Cities Congress of Cities Conference
Staff Report No. 13
Notes:
10. Consideration of designation of representatives to serve as 2005 liaisons to various
metropolitan agencies and City commissions
Staff Report No. 14
Notes:
11. Claims and payrolls
Open forum (additional 15 minutes if more time needed after first Open Forum and by majority
vote of the City Council)
Each speaker is to keep their comment period to three minutes to allow sufficient time for
others. Comments are to bean opportunity to address the Council on items not on the agenda.
Individuals who wish fo address the Council must have registered prior to the meeting.
Notes:
12. Adjournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must be
made at least 96 hours in advance to the Administrative Services Director at 612-861-9702.
AGENDA SECTION:
AGENDA ITEM #
REPORT #
~~ STAFF REPORT
CITY COUNCIL MEETING
JANUARY 11, 2005
OTHER BUSINESS
Related to:
CITY COUNCIL GOAL(S) No. N/A AND/OR RICHFIELD 2020 GOAL(S) NO 1
REPORT PREPARED BY: CHERYL KRUMHOLZ, ADMIN. ASST.
NAME, TITLE
COUNCIL, PRESENTER:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of designating representatives to serve as 2005 liaisons to various metropolitan
a encies and Cit commissions.
I. RECOMMENDED ACTION:
By Motion: Designate Council liaison appointments for 2005 to
various metro olitan a encies and Ci commissions.
II. BACKGROUND
Members of the City Council serve as the City's representatives on various metropolitan
agencies and City commissions. Each year, the Council appoints these representatives.
This item has been placed on the January 11, 2005 Council agenda as requested by the
Mayor.
III. BASIS OF RECOMMENDATION
A. POLICY
01111iaisons
• Each year, the City Council appoints representatives to serve as liaisons on
various metropolitan agencies and City commissions.
B. CRITICAL ISSUES
• The City needs representation on metropolitan agencies and commissions.
IV. ALTERNATIVE RECOMMENDATION~S~
• Defer the designation to a future Council meeting.
V. ATTACHMENTS
• Liaison appointment list.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
01111iaisons
AGENCY 2004 LIAISON 2005 LIAISON
ASSOC. METRO MUNICIPALITIES GERTRUDE ULRICH, REP.
SUE SANDAHL, ALT.
SOUTHWEST CABLE COMMISSION GERTRUDE ULRICH, REP.
STEVE DEVICH, REP.
SUE SANDAHL, ALT.
SAMANTHA ORDUNO, ALT.
NOISE SUE SANDAHL, REP.
JOHN ENGER, ALT
NOISE OVERSIGHT COMMITTEE GERTRUDE ULRICH, REP.
PAM DMYTRENKO, ALT.
LEAGUE OF MINNESOTA CITIES SUE SAN-DANE, REP.
SAMANTHA ORDUNO, ALT.
RICHFIELD SCHOOL DISTRICT SUSAN ROSENBERG, REP.
JOHN ENGER, ALT.
STOREFRONT/YOUTH ACTION KATHY FARRIS, LIA.
SUSAN ROSENBERG, ALT.
I-35W SOLUTIONS ALLIANCE SUE SANDAHL, LIA.
MIKE EASTLING, ALT.
494 CORRIDOR COMMISSION SUE SANDAHL, LIA.
TOM FOLEY, ALT.
TRANSPORTATION COMMITTEE SUE SANDAHL, LIA.
ADVISORY BOARD OF HEALTH MARTIN KIRSCH, LIA.
SUSAN ROSENBERG, ALT.
COMM. SERVICES COMMISSION JOHN ENGER, LIA.
SUSAN ROSENBERG, ALT.
HUMAN RIGHTS COMMISSION SUSAN ROSENBERG, LIA.
GERTRUDE ULRICH, ALT.
PLANNING COMMISSION MARTIN KIRSCH, LIA.
SUSAN ROSENBERG, ALT.
FRIENDSHIP CITY COMMISSION MARTIN KIRSCH, LIA.
SUE SANDAHL, ALT.
ARTS COMMISSION SUSAN ROSENBERG, LIA.
GERTRUDE ULRICH, ALT.
01/03/05
CELEBRATIONS COMMISSION SUSAN ROSENBERG, LIA.
JOHN ENGER, ALT.
RICHFIELD COMMUNITY HUMAN
SERVICES PLANNING COUNCIL
FOWL BOARD
RICHFIELD 2020
RICHFIELD HISTORICAL SOCIETY
FAMILY FRIENDLY TASK FORCE
CITY HALL TASK FORCE
SUSAN ROSENBERG, REP.
GERTRUDE ULRICH, ALT.
GERTRUDE ULRICH, REP.
SUSAN ROSENBERG, ALT.
SUE SANDAHL
GERTRUDE ULRICH
SUE SANDAHL
SUSAN ROSENBERG
COUNCIL DID NOT WISH TO HAVE A LIAISON TO THE
TASK FORCE
01/03/05
AGENDA SECTION
AGENDA ITEM #
REPORT #
~J STAFF REPORT
CITY COUNCIL MEETING
JANUARY 11, 2005
OTHER BUSINESS
9
13
Related to:
CITY COUNCIL GOAL(S) No. N/A
REPORT PREPARED BY:
COUNCIL PRESENTER:
REVIEWED BY CITY
MANAGER:
AND/oR RICHFIELD 2020 GOAL(S) NO
CHERYL KRUMHOLZ, ADMIN. ASST.
NAME, TITLE
1
ITEM FOR COUNCIL CONSIDERATION:
Discussion regarding Council attendance at 2005 National League of Cities Conferences and
N.O.I.S.E. Conference.
I. RECOMMENDED ACTION:
By Motion: Designate Council Member(s) to attend the March 2005
National League of Cities (NLC) Congressional Conference; July 2005
N.O.I.S.E. Conference; and the December 2005 NLC Congress of
Cities Conference.
II. BACKGROUND
In 2003, the City Council decided that attendance at conferences should be rotated
among the Council Members, this item is placed on the agenda so the Council may
consider the attendance for the three conferences in 2005.
These conferences become especially important this year as federal policy issues
affecting a wide variety of local government concerns will be on the congressional
agenda. Like Minnesota, 45 other states are facing budget deficits and the
information obtained at these conferences can be critical in dealing with the difficult
times ahead.
0111onferences
Also, it is important to note that the 2005 N.O.I.S.E. conference will be held in
Eagan, MN on July 20-22. The City of Richfield has been asked to participate in the
conference but details have not been determined.
Knowing which Council Member(s) will be attending each of the conferences will
help staff with early registration and airline schedules.
III. BASIS OF RECOMMENDATION
A. POLICY
• The Council has determined that attendance at the NLC and
N.O.I.S.E. Conferences is beneficial to the City's operations and long-
range planning efforts.
B. CRITICAL ISSUES
• While the City faces potential and perhaps serious revenue reductions
from the State, it is even more critical that the Council remains in the
informational loop regarding congressional activities as it relates to
airport/aviation activities, federal funds and homeland security issues.
• Because the Legislature will be addressing the deficit issue, it is
doubtful that State dollars will be allocated for airport mitigation in
2005. It becomes even more critical to keep the City's airport impacts
issue before our congressional delegation.
C. FINANCIAL
• The NLC Conferences are budgeted in the City's 2005 budget. The
N.O.I.S.E. Conference is budgeted in the HRA 2005 budget.
D. LEGAL
• None
IV. ALTERNATIVE RECOMMENDATION(S~
• Address this issue prior to each conference.
• Decline to send Council delegates to any or only designated conferences.
V. ATTACHMENT ~S~
• List of conferences.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
COUNCIL MEMBER ATTENDANCE AT NATIONAL CONFERENCES
2001 - 2005
CONFERENCE DATE LOCATION ATTENDEES
2001
NLC March Washin ton, DC Sandahl
NOISE July Portland, OR Sandahl
En er
NLC December Atlanta, GA Sandahl
Enger
Rosenberg
Ulrich
Kirsch
2002
NLC
~~n~c+r March Washin ton DC En er
~~~~~~ ~u~ rrovigence, KI En er
NLC December Salt Lake City, UT Rosenberg
Ulrich
2003
NLC March 7-11 Washington, DC Enger
Ulrich
NOISE Jul 16-18 Washin ton, DC None
NLC December 9-13 Nashville, TN Sandahl
2004
NLC March 5-9 Washin ton, DC Kirsch
NLC April 29-May 1 Portland, OR Sandahl
Institute for Rosenberg
Youth,
Education and
Families
NOISE Jul 21-23 TBA None
NLC November 30 - Indianapolis, IN None
December 4
2005
NLC March 11-15 Washington, DC
Congressional
City
Conference
NOISE Jul 20-22 Ea an, MN
NLC December 6-10 Charlotte, NC
Congress of
Cities
O 1/OS/OS
AGENDA SECTION: public Hearin
AGENDA ITEM # g
REPORT # j 2
~- STAFF REPORT
CITY COUNCIL MEETING
JANUARY 11, 2005
Related to:
CITY COUNCIL GOAL(S) No. N/A
AND/OR RICHFIELD 2020 GOAL(S) NO
N/A
REPORT PREPARED BY:
CHRISTINE COSTELLO, ZONING
ADMINISTRATOR
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY ACTING CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public hearing and second reading of a Transitory Ordinance adopting zoning fees.
L RECOMMENDED ACTION:
Conduct and close the public hearing and by motion: Approve the
attached Transitory Ordinance authorizing the adoption of the fee
schedule for permits and applications related to official controls.
II. BACKGROUND
• Minnesota Statutes section 462.353, subdivision 4 requires that certain fees
be adopted by ordinance.
• The fees that must be adopted by ordinance include all amendments to
official controls (which includes any ordinance or regulation relating to
zoning, subdivision, site plan review, sanitary codes, building codes, or
official maps) or any permit or approval required by any official control.
011105-ZoningFees2ndRdg-TransOrd
• In the past the City of Richfield has approved such fees by resolution.
• The ordinance is proposed in order to conform to State law requirements.
III. BASIS OF RECOMMENDATION
A. POLICY
• These fees have previously been adopted by resolution and must be
modified to conform with state law.
B. CRITICAL ISSUES
• N/A
C. FINANCIAL
• N/A
D. LEGAL
• Reviewed with City Attorney to ensure it meets State requirements.
IV. PREVIOUS ACTION
• Date of Action: December 14, 2004
• Subject of Vote: First reading of zoning ordinance fee schedule for permits
and applications related to official controls.
• Vote:5-0
• Comments:
• The attached ordinance is adopting fees that were already approved by the
Council on December 14, 2004 in a resolution that covered a broad range of
city fees. It was one of the resolutions approved as part of the 2004
Revised/2005 Proposed Budget.
• Public Notice
• Mailed Notices:
• 60 Day Clock:
City Council -Published
Not Required
Not required
12/22/04 in the Sun-Current
V. ALTERNATIVE RECOMMENDATION(S~
• Approve the proposed ordinance establishing a fee schedule, with modifications
or additional stipulations.
VI. ATTACHMENTS
• Transitory Ordinance
VII. PRINCIPAL PARTIES EXPECTED AT MEETING
• N/A
TRANSITORY ORDINANCE NO.
AN ORDINANCE ADOPTING A FEE SCHEDULE FOR
AMENDMENTS TO OFFICIAL CONTROLS AND FOR PERMITS
AND APPROVALS REQUIRED BY OFFICIAL CONTROLS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1: Background
1.01 Appendix D to the Richfield City Code consists of a fee schedule adopted by resolution
of the Richfield City Council. The current fee schedule as set forth in Appendix D was
established by Resolution No. 9556 .adopted December 14, 2004.
1.02 Minnesota Statutes, Section 462.353 requires that certain fees be adopted by
ordinance.
Section 2: Fe.e Schedule Adopted
2.01 The fees set forth at the following sections of Resolution No. 9556 are hereby
adopted by ordinance:
Section 2 (Construction and Related Permit Fees and Charges).
Section 4 (Zoning, Land Use and Related Charges)
Section 5, clause (8)(Public Works Fees -Utility Services)
Section 6, clauses (6), (7) and (8) (Fire Services Fees -Fire Extinguishing System
Permit, Fire Alarm Systems and Underground Storage Tanks)
Section 13, clause (3) (Miscellaneous Fees - CWTS Antenna).
2.02 The provisions of Section 1 of Resolution No. 9556 shall apply to all of the fees
adopted at section 2.01 of this Ordinance.
2.03 The fees adopted at section 2.01 of this Ordinance shall be altered or amended only by
ordinance. Any fees established by Resolution No. 9556 ,other than those adopted
at section 2.01 of this Ordinance may be amended from time to time by resolution of the
City Council.
2.04 This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter.
2.05 A copy of this ordinance shall be included in Appendix D to the Richfield City Code,
immediately prior to Resolution No. 9556
Adopted by the City Council of the City of Richfield, Minnesota this day of January,
2005.
ATTEST:
Martin J. Kirsch, Mayor
Nancy Gibbs, City Clerk
~- STAFF REPORT
AGENDA SECTION:
AGENDA ITEM #
REPORT ~ ~
CITY COUNCIL MEETING
JANUARY 11, 2005
Consent
6F
11
Related to:
CrrY CouNCIL GOAL(s) No. 36
AND/oR RICHFIELD 2020 GOAL(S) NO 25
REPORT PREPARED BY:
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY ACTING CITY
MANAGER:
NAME, TITLE
SIGNA
ITEM FOR COUNCIL CONSIDERATION:
Addendum to Orfield Laboratories contract, approved October 12, 2004 for an additional
$4,250 for the purpose of reviewing proposed design standards with building developers and
for staff to review draft documentation rior to com letion of the contract.
I. RECOMMENDED ACTION:
By Motion: Approve the terms of a proposed addendum to the
original contract with Orfield Laboratories for the creation of design
standards for low frequency noise-compatible construction in the
87d6 area.
II. BACKGROUND
• In 2002, the City received a grant from the Metropolitan Council to partially pay
for consulting services to develop design and construction materials criteria for
construction in the 87dB area.
CATHERINE GEISEN-KISCH, CD
COORDINATOR
011105 Orfield Labs Contract Addendum
• The contract proposed by Orfield Laboratories was approved by the Richfield
City Council on October 12, 2004. (The consultant hired initially did not
perform.)
• Following discussions with developers and further review of the approved
contract, staff suggests the inclusion of two additional meetings: 1) to provide an
opportunity for building developers to meet with Orfield Laboratories to review
proposed design standards to ensure that the standards are attainable; and 2) to
provide staff with an opportunity to review draft findings and related materials
prior to completion of the contract.
• Based on a request from staff, Orfield Labs submitted on December 30, 2004 an
addendum indicating the cost of the additional services at $4,250. The
addendum is attached.
III. BASIS OF RECOMMENDATION
A. POLICY
• The 87d6 area has been identified as an area in which impacts from
low frequency noise will be significant. Existing buildings have not
been constructed in such a manner as to adequately mitigate the
impacts. It is necessary to develop standards for new construction in
the area which will mitigate the impacts.
B. CRITICAL ISSUES
• Orfield Laboratories is capable of providing the necessary standards.
Orfield Laboratories is currently conducting noise measurements for
the City (under separate agreement) and is currently working and has
worked in the past with developers constructing buildings near airports
and other noise generators.
• It is important to complete the work in a timely manner to provide
direction to Ryan Companies and future developers in the 87d6 area.
• Dialogue with developers is necessary to properly execute the goals
of the approved contract with Orfield Laboratories.
• There is a need to meet with the consultant to review draft findings,
recommendations and deliverables prior to receipt~of a final report and
completion of the contract and payment for services.
C. FINANCIAL
• The cost of the proposed addendum is $4,250.
• The cost of the approved contract was $35,000.
• A grant of $20,000 was received from the Metropolitan Council. The
grant must be expended by the end of 2005.
• The Housing & Redevelopment Authority has budgeted to cover the
expenses which exceed the grant amount.
D. LEGAL
• N/A
IV. ALTERNATIVE RECOMMENDATION(S~
• Do not approve the addendum allowing for the additional allocation of time
for meetings with developers and a final project meeting with the City of
Richfield.
V. ATTACHMENTS
• Proposed Addendum to the Contract Approved October 12, 2004 with Orfield
Laboratories.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• NA
December 29, 2004
Orfield Laboratories Inc
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PREPARED FOR ~~
Ms. Catherine Geisen-Kisch
City of Richfield
6700 Portland Avenue
Richfield, MN 55423
Voice: (612) 891-9758
Fax: (612) 861-8974
PROJECT
Low-Frequency Noise-Compa ' le Construction
PREPARED BY
Mr. Steven J. Orfield, Prs
Mr. Derrick Knight, Consu
Orfield Laboratories, Inc.
2709 East 25"' Street
Minneapolis, MN 5540
Email: steveC«~orfieldl bs.~
Phone: (612) 721-2 55
Fax: (612) 721-24
This memo is eant as an addendum to the proposal for Consulting Services
dated Septe ber 9, 2004 and revised on December 17, 2004. The City of
Richfield h requested two additional meetings as part of this contract. Orfield
Laboratori s, Inc. and The City of Richfield, Community Development
Departm nt agree to the following revisions in the proposal.
Client City of Richfield.
1. Two additional meetings are requested.
On page two (2), under "Phase IV -Meetings with the City of Richfield
Regarding Standards andFina/Heportin~'
A meeting will be held at Orfield Labs with city staff to discuss these
standards, and to determine if further review and action is desired with
regard to these standards. Upon completion of identified modifications,
Otfield Labs will meet with city staff and two suggested building
developers to share these standards and obtain further input. A third
meeting will be held between Orfield Labs and the City of Richfield to
review a draft of final documentation for consultant services.
We have estimated approximately 12 hours for 2 meetings and the billing
for additional requested meetings is broken down as follows:
First Additional Meeting:
Preparation time: 1.5 hours per consultant ~ $175 per hour.
Travel and meeting time: 3.5 hours ~ $425 per one
consultant and one principal staff
Post meeting summary: 1 hour ~ $375 per one
consultant and one principal staff.
Second Additional Meeting:
Preparation time: 1.5 hours per consultant C~ $175 per hour.
Travel and meeting time: 3.5 hours @ $425 per one
consultant and one principal staff
$262.50
$1,487.50
$375.00
$262.50
$1,487.50
Post meeting summary: 1 hour Q $375 per one
consultant and one principal staff $375 00
Additional Meeting Total
$4,250.00
Orfleld Laboratories Inc
2
AGENDA SECTION: Consent
AGENDA ITEM # 6E
REPORT # ~ U
STAFF REPORT
CITY COUNCIL MEETING
JANUARY 11, 2005
Related to:
CITY COUNCIL GOAL(S) NO. N/A
AND/oR RICHFIELD 2020 GOAL(S) NO
N/A
REPORT PREPARED BY:
CHRIS REGIS, FINANCE MANAGER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR ^
REVIEW:
REVIEWED BY CITY
MANAGER:
e
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the forgiving of fees imposed on a former Council Member for the purpose of
cashin stale dated Cit a roll checks.
I. RECOMMENDED ACTION:
By Motion: Approve the forgiveness of fees imposed by Council on a
former council member to allow for the cashing of stale dated City
payroll checks.
II. BACKGROUND
On November 20, 2003, Council Memorandum No. 116 "Check Cashing Policy"
was distributed to all Council Members. The policy stated the City's policy on stale
dated checks and that anyone having checks dated beyond six months of the check
date, (stale dated checks), had until December 15, 2003 to present them for
payment. Stale dated checks presented after that date would not be honored by the
City's bank.
01112005StaleCheck
This policy was implemented in response to a Council Members failure to cash
payroll checks in a timely fashion. At the time of the Council Memo, the Council
Member had 17 City payroll checks outstanding that were greater than six months
old.
Despite the grace period allowed with the implementation of the policy, the Council
Member did not present the checks for payment.
In February 2004, the City implemented a policy with regards to charges for
duplicating certain payroll documents. The policy addresses the fees to be imposed
if a payroll check is required to be reissued.
At the May 11, 2004 City Council meeting, the Council Member in question
requested that the Council consider the issue of stale dated payroll checks. Prior to
any resolution of the matter, the Council Member withdrew the request.
At the June 8, 2004 City Council meeting, Council authorized staff to request the
City's bank, M&I Bank, to deviate from normal banking industry standards and City
policy and honor all stale dated checks submitted by the Council Member. In
addition, the Council imposed a fee of $20.00 per stale dated check. There were 17
checks for a total of $340.00 in fees.
The City Attorney has suggested that the City Council reconsider this matter by
allowing the former Council Member to cash the stale-dated checks without the
imposition of a fee penalty. This recommendation stems from further legal review
of the matter, which suggests that the legal costs that may be incurred by the City
to pursue the fees in this matter may well exceed the fees, themselves. Moreover,
it would bring closure to this long-standing matter and preclude further staff time
following the issue.
III. BASIS OF RECOMMENDATION
A. POLICY
• Banking industry standards prohibits the cashing of checks beyond six
months from the date of the check. The City of Richfield has adopted
the banking industry standard as its policy on checks presented for
payment greater than six months.
• The City has also adopted a policy with regards to charges to be
imposed for the duplication of certain payroll documents. This policy
addresses fees only if the City reissues a City payroll check.
B. CRITICAL ISSUES
• The stale dated checks are still outstanding and it would be prudent to
resolve this issue.
C. FINANCIAL
• There are 17 checks that are stale dated. The total dollar amount of
the checks is $3,684.88.
• By allowing the checks to be honored, no further staff time will be
required.
D. LEGAL
• The City Attorney has reviewed the City's policy on-fees imposed. The
literal terms of the policy do not apply in this instance, as no payroll
checks will have to be reissued. The bank has cashed the checks but
has put a hold on the funds.
• The Council Member has raised questions concerning the legality of
the fees.
The cost of legal fees to determine the legality of the fees will exceed
the fees themselves.
IV. ALTERNATIVE RECOMMENDATION(S~
• Do not allow the forgiveness of the imposed fees and determine the legality
of imposing the fees.
V. ATTACHMENTS
• None.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
AGENDA SECTION: Consent
AGENDA ITEM # 6D
REPORT # o
~I~~ STAFF REPORT
~...~__-
CITY COUNCIL MEETING
.. h JANUARY 112005
Related to:
CITY COUNCIL GOAL(S) No.
AND/OR RICHFIELD 202.0 GOAL(S) NO
30
REPORT PREPARED BY:
MARK HALL, FLEET AND PARK
MAINTENANCE SUPERVISOR
NAMC TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
u
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the purchase of five new squad cars.
I. RECOMMENDED ACTION:
By Motion: Approve a purchase order to Superior Ford in the sum of
$105,084.43 for five news uad cars.
II. BACKGROUND
Five full size sedans (Units No. 2225, 2226, 2227, 2228, and 2229) being used by
the Public Safety Department are scheduled to be replaced in 2005. The five squad
cars currently in use were purchased in 2002. These squads are part of our three-
year rotation. Purchase of the new vehicles has been coordinated through the State
of Minnesota Cooperative Purchasing Program.
III. BASIS OF RECOMMENDATION
011105 Squad
A. POLICY
• Superior Ford, Inc. has the state contract on the Minnesota State
patrol cars.
• The City of Richfield participates in the Minnesota State Cooperative
Purchasing Program.
B. CRITICAL ISSUES
• Approval at the January 11, 2005 Council meeting will facilitate
delivery of the new squad cars:
C. FINANCIAL
• The approved 2005 budget contains $130,000 for this purchase.
• Actual cost per marked squad car is $20,986.
• One set of manuals is $154.43 with tax.
• Upon delivery of the vehicles, charges for transfer of police equipment
such as radios and logo applications will be deducted from the
remaining funds budgeted for this purchase.
• Funding for these vehicles will be equipment certificates issued in
2003.
D. LEGAL
• When the purchase of materials, merchandise, equipment, or
construction exceeds $50,000, authority to purchase shall be
submitted to the City Council for consideration.
IV. ALTERNATIVE RECOMMENDATION(S~
• Council may delay approval to a later meeting. Delayed approval, however,
will result in delayed delivery.
• No action by Council on this purchase will eventually compromise safety for
police officers driving old squad cars.
V. ATTACHMENTS
• None
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
~~~ STAFF REPORT
AGENDA SECTION:
AGENDA ITEM #
REPORT #
CITY COUNCIL MEETING
JANUARY 11, 2005
Consent
6C
8
Related to:
CITY COUNCIL GOAL(S) NO. ~ 8 AND/OR RICHFIELD 2020 GOAL(S~ NO ~ , 6,
REPORT PREPARED BY: KATHY FARRIS, HUMAN SERVICES
PLANNER/COORDINATOR
NAME, TITLE
COUNCIL PRESENTER:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution approving the 2005 Social Service agency funding
recommendations and authorizing the City Manager to execute agreements for service with
those a encies funded b the Cit .
I. RECOMMENDED ACTION:
Consider the resolution providing funding amounts of certain human service agencies in
the below listed recommended amounts for 2005.
II. BACKGROUND
A review committee has been formed comprised of the Richfield Community Human
Services Planning Council (RCHSPC). This committee serves as the review and
recommending group for City Social Service Funds. The following process was used in
making funding recommendations:
• The RCHSPC established the following priority areas for funding consideration: 1)
services for frail elderly persons; 2) services for physically and/or mentally disabled
persons; 3) services for families and children at risk; 4) housing services for low-
income persons. The RCHSPC also targeted $10,000 of existing funds fora "Senior
Vision Grant," to serve a specific need of frail, vulnerable elderly.
0111 socialservicefunding
• An announcement was made soliciting funding proposals for service in the Richfield
Sun. Applications were sent to prospective agencies.
• The Grant Review Committee met on October 25 and November 22 to review
proposals from the applicant agencies and. make recommendations for funding.
The Grant Review Committee recommends $93,570 of City Other Agency Division funds
be allocated to the following agencies in the amounts indicated for 2005 (see attachments,
page 1, for service descriptions):
Agency 2003 2004 2005
. Actual Actual Recommended
Cornerstone $12,500 $12,500 $13,500
Family & Children's Service 14,000 12,000 0
Oak Grove Lutheran-SAFE 6,700 6,500 7,000
Augsburg Library/RF Schools 2,000 2,000 1,500
Senior Community Services-Sr. Outreach 9,000 9,000 9,070
The Storefront Group 34,870 35,000 30,000
VEAP 13,000 15,070. 15,000
Richfield R.E.A.D.Y. 1,500 1,500 2,500
Kids @ Home Support NA NA 5,000
Community Nursing Project NA NA 10,000
Sr. Community Services-Cleanup Service NA NA 0
TOTAL $93,570 $93,570 $93,570
III. BASIS OF RECOMMENDATION
A. POLICY
• All funding recommendations meet the priorities established for 2005 as
indicated above (see attached "Guidelines and Instructions for 2005
Funding Assistance" and "2005 Application for Funding Assistance," and
"Guidelines and Instructions for 2005 Funding Assistance -Senior Vision
Grant" and "2005 Application for Funding Assistance -Senior Vision
Grant).
• Agencies recommended for funding have met review criteria in the areas
of service need and program management (see attached "Guidelines
and Instructions for 2005 Funding Assistance" and "2005 Application for
Funding Assistance, "and "Guidelines and Instructions for 2005 Funding
Assistance -Senior Vision Grant" and "2005 Application for Funding
Assistance -Senior Vision Grant).
• Agencies recommended for funding have stated service outcomes and
have established methods for evaluating service results.
• Agencies recommended for funding are receptive to collaboration and
several participate in FamiLink and the Richfield Community Council.
B. CRITICAL ISSUES
Services are to be provided in calendar year 2005.
C. FINANCIAL
• Recommendations are based on the unallocated portion ($93,570) of
the 2005 Other Agencies Division Budget, 10105. A City
Council/Administration 2005 allocation of $22,850 of this budget is
designated for the Hennepin South Services Collaborative for
research, planning and coordination functions.
D. LEGAL
• Agencies awarded funding will be required to sign a service
agreement.
IV. ALTERNATIVE RECOMMENDATION~S~
• Recommendation in regards to funding are advisory. Final determination is
subject to Council approval. Council has the discretion to revise amounts.
V. ATTACHMENTS
• Resolution
• Descriptions of Proposed Services
• Guidelines and Instructions for 2005 Funding Assistance
• 2005 Application for Funding Assistance
• Guidelines and Instructions for 2005 Funding Assistance -Senior Vision
Grant
• 2005 Application for Funding Assistance -Senior Vision Grant
• 2004 RCHSPC Members
• Draft Minutes of 11/22/04 RCHSPC Meeting
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Marc Boone, Chair, RCHSPC
RESOLUTION NO.
A RESOLUTION APPROVING THE 2005 SOCIAL SERVICE AGENCY FUNDING
RECOMMENDATIONS AND AUTHORIZING THE CITY MANAGER TO EXECUTE
AGREEMENTS FOR SERVICE WITH THOSE AGENCIES FUNDED BY THE CITY
WHEREAS, a review committee has been formed comprised of the Richfield
Community Human Services Planning Council (RCHSPC) members to serve as the review
and recommending group for City Social Service Funds; and
WHEREAS, this committee reviewed applications from human service agencies for
City Social Service Funds.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Richfield
that the funds be allocated as follows:
A enc Recommendation
Cornerstone -Criminal Justice Intervention $13,500
Family & Children's Service -Family & Community Asset Building 0
Initiative
Oak Grove Church-Support & Housing Assistance for Families Enduring 7,000
Hardships
Richfield Community Education/Augsburg Library-Technology Outreach 1,500
to Latino Families
Senior Community Services -Senior Outreach Program 9 070
The Storefront Group -Youth Counseling Program 30 000
VEAP 15, 000
Richfield R.E.A.D.Y. (formerly YouthNet) 2 500
Kids @ Home Support Services 5,000
Richfield Community Nursing Project 10 000
Richfield Community Services -Cleanup Services 0
TOTAL $93,570
BE IT FURTHER RESOLVED that the City Manager be authorized to execute
contractual agreements with the above-named agencies summarizing services to be
provided to Richfield residents.
Passed by the City Council of the City of Richfield, Minnesota this 11th day of
January, 2005.
Martin J. Kirsch, Mayor
Nancy Gibbs, City Clerk
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CITY OF RICHFIELD
GUIDELINES AND INSTRUCTIONS FOR
2005 FUNDING ASSISTANCE
The Richfield Community Human Services Planning Council (RCHSPC) is responsible for
setting priorities for City of Richfield Social Service funding and for making recommendations for
grant awards. Each year the RCHSPC examines the City Social Service Funding process to
determine funding parameters and priority goals for the purpose of making the best use of
funds.
Funding Parameters
• Any non-profit organization is eligible to apply.
• Projects must serve Richfield residents.
• Because of limited funds, requests made should not cover all expenses of a proposed
service.
Priority Goals
Projects must. address at least one of the following priorities:
• Services for frail elderly persons
• Services for persons with physical and/or mental disabilities
• Services for families and children at risk
• Housing services for low-income persons
Award Criteria
Priority will be giving to proposals that meet the following criteria:
• Demonstrated need of the proposed service for the targeted population based on data,
studies, etc.
• Collaboration with other service providers.
• Participation in the Richfield Community Council and Hennepin South Services
Collaborative/FamiLink and its related activities.
• Efforts to serve cultural/ethnic/racial populations and low-income persons.
2
CITY OF RICHFIELD
GUIDELINES AND INSTRUCTIONS FOR 2005 FUNDING ASSISTANCE
Page 2
Application Instructions
The attached Application for Funding Assistance must be used in your request for funds.
Proposals. should:
• Include agency and program name and address, and contact person name, title, phone #,
fax # and Email address as applicable.
• Be typewritten, printed on both sides and include page numbers.
• Include the questions along with the responses.
• Be as brief, clear and concise as possible.
• NOT include expensive binding, brochures, letters of support or materials not asked for in
the application.
Completed applications plus 12 copies must be submitted by October 7, 2004 to:
Kathy Farris
Human Services Planner/Coordinator
City of Richfield
6700 Portland Avenue
Richfield, MN 55423
In addition, if you are able, please a-mail one copy of the completed application to
KfarrisCc~ci. richfield. mn. us.
The RCHSPC will review applications for social service funds at its October 25 and November
22, 2004 meetings. Recommendations for fund allocations will be made to the Richfield City
Council at its January 13, 2005 City Council meeting.
Agencies awarded social services grants will be required to sign a service agreement for
calendar year 2005 and submit semi-annual reports on service outcomes.
Organizations are encouraged to contact Kathy Farris at 612-861-9754 (voice), 612-861-9749
(fax), KfarrisCcD.ci.richfield.mn.us with any questions and for assistance in completing grant
applications.
3
CITY OF RICHFIELD
2005 APPLICATION FOR FUNDING ASSISTANCE
ADMINISTRATION
1. Indicate agency name, address, contact person, and phone/fax/email.
2. Provide a mission statement for your agency.
3. Provide statement of your organization's legal status.
4. Indicate your total agency budget for 2005.
5. Indicate your proposed project budget for 2005. Itemize proposed expenses
and describe as applicable. Indicate both proposed City funds and other funds to
support the project.
PROPOSAL
1. Provide a summary paragraph of the services you propose to provide using City
of Richfield Funds. Include the goals of the proposed service and which of the
priority areas you. are addressing.
2. Indicate the amount of funding requested. If city funds were reduced or not
available after 2005, how would you continue to provide these services?
3. Specify the target population(s) you are proposing to serve and .how you
established the need for the service to this population.
4. Estimate the total number of unduplicated individuals you will serve and what
percentage will be Richfield residents. Identify service sites that Richfield
residents can access.
5. Describe your efforts to outreach to immigrant and low-income individuals.
PROGRAM QUESTIONS
1. Describe admission criteria and process for the proposed service.
2. Explain how clients are involved individually and collectively in the planning
process for services.
3. Indicate desired outcomes of your service and describe methods of evaluating
and measuring client progress (use attached "Proposed Outcome/Evaluation
Methods" form)..
4. Describe methods used for evaluating client satisfaction and provide recent
results.
5. Describe termination criteria.
COLLABORATION EFFORTS
1. Are you a partner in the Richfield Community Council, Hennepin South Services
Collaborative/FamiLink or the Children's Mental Collaborative? If so, briefly describe
your involvement..
2. Describe your efforts to collaborate with other agencies and describe your
involvement in developing and participating in these collaborations.
3. Describe any plans to participate in new collaborations.
Organizations are encouraged to contact Kathy Farris at 612-861-9754 (voice), 612-861-9749
(fax), Kfarris(a~ci.richfield.mn.us with any questions and for assistance in completing grant
applications.
4
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CITY OF RICHFIELD
GUIDELINES AND INSTRUCTIONS FOR
2005 FUNDING ASSISTANCE -SENIOR VISON GRANT
The Richfield Community Human Services Planning Council (RCHSPC) is responsible for.
setting priorities for City of Richfield Social Service funding and for making recommendations for
grant awards. Each year the RCHSPC examines the City Social Service Funding process to
determine funding parameters and priority goals for the purpose of making the best use of
funds.
This year, RCHSPC is setting aside $10,000 for a senior vision grant. The RCHSPC is
requesting visionary ideas in the area of serving the vulnerable, frail elderly in Richfield. This
small, flexible grant is intended to meet a specific need that is either currently not being met or
is severely under-funded.
Funding Parameters
• Any non-profit organization is eligible to apply.
• Projects must serve Richfield senior residents.
Priority Goals
Projects must address specific, immediate needs of vulnerable, frail elderly persons.
Award Criteria
Priority will be giving to proposals that meet the following criteria:
• Visionary ideas that will have an immediate impact on the vulnerable, frail elderly persons in
Richfield.
• Demonstrated need of the proposed service for the targeted population based on data,
studies, etc.
• Collaboration with other service providers.
6
CITY OF RICHFIELD
GUIDELINES AND INSTRUCTIONS FOR 2005 FUNDING ASSISTANCE
SENIOR VISION GRANT
Page 2
Application Instructions
The attached Application for Funding Assistance must be used in your request for funds.
Proposals should:
• Include agency and program name and address, and contact person name, title, phone #,
fax # and Email address as applicable.
• Be typewritten, printed on both sides and include page numbers.
• Include the questions along with the responses.
• Be as brief, clear and concise as possible.
• NOT include expensive binding, brochures, letters of support or materials not asked for in
the application.
Completed applications plus 12 copies must be submitted by October 7, 2004 to:
Kathy Farris-
Human Services Planner/Coordinator
City 'of Richfield
6700 Portland Avenue
Richfield, MN 55423
In addition, if you are able, please a-mail one copy of the completed application to
KfarrisCa~ci. richfield. mn. us.
The RCHSPC will review applications for the Senior Vision Grant at its October 25 and
November 22, 2004 meetings. Recommendations for fund allocations will be made to the
Richfield City Council at its January 13, 2005 City Council meeting.
Agencies awarded social services grants will be required to sign a service agreement for
calendar year 2005 and submit semi-annual reports on service outcomes.
Organizations are encouraged to contact Kathy Farris at 612-861-9754 (voice), 612-861-9749
(fax), KfarrisCc~ci.richfield.mn.us with any questions and for assistance in completing grant
applications.
7
CITY OF RICHFIELD
2005 APPLICATION FOR FUNDING ASSISTANCE -SENIOR VISION GRANT
ADMINISTRATION
1. Indicate agency name, address, contact person, and phone/fax/email.
2. Provide a mission statement for your agency/project.
3. Provide statement of your organization's legal status.
4. Indicate your total agency budget for 2005.
5. Indicate your proposed project budget for 2005. Itemize proposed
expenses and describe as applicable. Indicate both proposed City funds
and other funds to support the project.
PROPOSAL
1. Provide a summary paragraph of the services you propose to provide
using City of Richfield Funds. Include the goals of the proposed service
and which of the priority areas you are addressing.
2. Indicate the amount of funding requested. If city funds were reduced or
not available after 2005, how would you continue to provide these
services?
3. Specify the target population(s) you are proposing to serve and how you
established the need for the service to this population.
4. Estimate the total number of unduplicated individuals you will serve and
what percentage will be Richfield residents. Identify service sites that
Richfield residents can access.
5. Describe your efforts to outreach to frail and elderly Richfield Seniors.
PROGRAM QUESTIONS
1. Describe admission criteria and process for the proposed service.
2. Explain how clients are involved individually and collectively in the
planning process for services.
3. Indicate desired outcomes of your service and describe methods of
evaluating and measuring client progress (use attached "Proposed
Outcome/Evaluation Methods" form).
4. Describe methods used for evaluating client satisfaction and provide
recent results.
5. Describe termination criteria.
COLLABORATION EFFORTS
1. Are you a partner in the Richfield Community Council or the Hennepin South
Services Collaborative? If so, briefly describe your involvement.
2. Describe your efforts to collaborate with other agencies and describe your
involvement in developing and participating in these collaborations.
3. Describe any plans to participate in new collaborations.
Organizations are encouraged to contact Kathy Farris at 612-861-9754 (voice), 612-
861-9749 (fax),. KfarrisCc~ci.richfield.mn.us with any questions and for assistance in
completing grant applications.
8
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RICHFIELD COMMUNITY HUMAN SERVICES PLANNING COUNCIL (RCHSPC)
2004 Member List
Marc Boone (Chair)
Community Representative
6738 10th Ave.
Richfield, MN 55423
612-861-6983 (h)
952-882-5472 (b)
952-894-0086 (fax)
marc. boone(c~farmersinsu rance. com
Mark Olson
Human Rights Commission
6325 Knox Ave
Richfield, MN 55423
612-861-6890 (h)
952-915-3617 (b)
olsonmarkCc~archenneoin.or~c
Cindy Dubansky
Community Representative
7214 Pleasant Ave.
Richfield, MN 55423
612-866-2297 (h)
612-866-2297 (fax)
651-232-6253 (b)
CdubanskvCa)iuno.com
Beth Fagin
Richfield Community Council
6425 Nicollet Ave.
Richfield, MN 55423
612-798-8174
612-861-3446 (fax)
BfaginCa~storefront.org
Joan Helmberger
HRA Commission
6914 Park Ave.
Richfield, MN 55423
612-869-8057 (h)
952-922-6521 (b)
Joanhelmberger(cD.yahoo.com
Jeff Karr
Planning Commission
7120-12th Avenue
Richfield, MN 55423
Jkarr1 a.Fairview.org
Jeanette Lofstrom
League of Women Voters
7325 5th Ave.
Richfield, MN 55423
612-869-3772 (h)
Iofstrom 7325 Cacao I. com
Jo Romer
Advisory Board on Health
7405 Aldrich Ave.
Richfield, MN 55423
612-869-5087 (h)
Jromermn(a~, juno.com
Susan Rosenberg
City Council Liaison
6633 Thomas Ave.
Richfield, MN 55423
612-866-2683
Rrosenberg 1 Ca~mn.rr.com
Gloma Hamernick
Community_Services Commission
6600 Pleasant Ave #343
Richfield, MN 55423
612-259-2361 (h)
952-487-8267 (b)
kgnicholsCc~aol.com
Gertrude Ulrich (Alternate)
City Council Liaison
7024 Oak Grove Blvd.
Richfield, MN 55423
612-866-8171
John Garry
Executive Director
HSSC
9801 Penn Ave. So.
Bloomington, MN 55431
952-922-5999
iparryCa)_shfsc.org
Lynda Gault
Richfield Public Schools
7001 Harriet Ave. So.
Richfield, MN 55423
612-798-6000
Iynda.gaultCc~richfield.k12.mn.us
~ ~ 10/04
DRAFT
RICHFIELD COMMUNITY HUMAN SERVICES
PLANNING COUNCIL MEETING MINUTES
November 22, 2004
Present: Marc Boone (chair); Lynda Gault; Gloma Hamernick; Joan Helmberger; Jeanette
Lofstrom; Mark Olson; Jo Romer; Kathy Farris (staff)
Approval October 25 2004 Minutes
The minutes were approved.
Recommendations for 2005 Citv Social Service Grant Applications
Members reviewed the responses to the additional questions asked to applicants regarding
proposals. Marc Boone made a motion to make the following recommendations to the City
Council for 2005 City Social Service Grant funding. Mark Olson seconded. Motion approved.
AGENCY
RECOMMENDATION
Cornerstone -Criminal Justice Intervention Pro ram X13
500
Faml & Children s Service - Famil &Communit Asset Buildin Initiative ,
0
HRA -Kids Home Su ort Services 5
000
Oak Grove Church-Support & Housing Assistance for Families Endurin ,
g
Hardshi s 7,000
Richfield Community Ed/Augsburg Park Library-Technology Outreach to
Latino Families 1,500
Senior Communit Services -Senior Outreach 9
070
The Storefront Grou -Youth Counselin Pro ram ,
30
000
VEAP ,
Richfield Read former) YouthNet) 15.000
Senior Vision Grant Re uests 2.500
Richfield Communit Nursin Pro ect 10
000
Senior Communit Services-Cleanu Services ,
0
TOTAL
$93,570
Members directed staff to inform. agencies that did not receive funding recommendations:
• Family & Children's Service Family & Community Asset Building Initiative -that while the
proposal had merit, there were still several questions about the project. The RCHSPC
would like to give Family & Children's Service the opportunity to attend a future RCHSPC
meeting to describe their programs and approach and to encourage them to apply again for
2006.
Senior Community Services-Cleanup Services -that although cleanup services in addition
to senior outreach services were important for frail elderly in garbage houses, there may be
more appropriate sources of funding for this service. In addition, only one Senior Vision
Grant was available per previous discussion, and the Richfield Community Nursing Project
offered a greater potential for long-term positive impact for the dollars used. Senior
Community Services is encouraged to coordinate with the Richfield Community Nursing
Project as they feet appropriate.
Recommendations for funding will be made at the January 11, 2005 City Council Meeting.
11
DRAFT
Other
Marc Boone asked for volunteers to serve as RCHSPC chair in 2005. He indicated he would
prefer to defer to a new chair as he will be co-chairing the Richfield. Community Council next
year.
Next Meeting
There will be no December meeting. The next meeting is scheduled for Monday, January 24,
2005, 5:00 p.m., in the Heredia Room.
Recording Secretary
Kathy Farris
12
AGENDA SECTION: Consent
AGENDA ITEM # 6B
REPORT # 7
~~- STAFF REPORT
CITY COUNCIL MEETING
JANUARY 11, 2005
Related to:
CITY COUNCIL GOAL(S) NO. N/A AND/oR RICHFIELD 2020 GOAL(S) NO N/A
REPORT PREPARED BY: STEVEN L. DEVICH
ACTING CITY MANAGER
NAME, TITLE
COUNCIL PRESENTER: t~
REVIEWED BY CITY
MANAGER: /
ITEM FOR COUNCIL CONSIDERATION:
Consideration of first reading of the proposed ordinance modifying the gas franchise fee on
CenterPoint Energy for providing gas service within the City of Richfield and scheduling a
ublic hearin and second readin for Februa 8, 2005.
RECOMMENDED ACTION:
By Motion: Approve:
• First reading of the attached ordinance modifying the gas
franchise fee on CenterPoint Energy for providing gas service
within the City of Richfield and
Schedule the public hearing and second reading for February 8,
2005.
III. BACKGROUND
At the December 16, 2003 City Council Meeting, the City Council held a public
hearing and adopted a Gas Franchise Fee Ordinance for implementation in early
2004. The franchise ordinance included a fee schedule that incorporated several
classifications of properties and the corresponding monthly fee per meter. The fees
ranged from the lowest fee per meter, established for residential property at a
monthly meter charge of $1.45 to LVDF (Large Volume-Dual Fuel) customers at a
monthly meter charge of $10.
0111 CenterPoint
During the 2005 budget preparation process, which took place in the late summer
and fall of 2004, the City Council included a 10% franchise fee increase as part of
the 2005 revenue package. This of course, amounted to a 15 cent per month
increase on each residential meter and up to a $1 per month increase on the LVDF
classification. The City Manager then notified the gas utility, Minnegasco/
CenterPoint, of the intended franchise fee increase. In accordance with the
franchise agreement, the Gas Company accepted the fee increase and agreed to
implement the fee increase commencing January 1, 2005.
As a formality, the City Attorney has recommended that the new change to the fee
schedule be adopted through an amendment to the Franchise Ordinance.
The action initiated here is the beginning of that formal process.
III. BASIS OF RECOMMENDATION
A. POLICY
• The dedicated funds generated from franchise fees provide a reliable
funding source for the important infrastructure elements of streets,
buildings and trees.
• Franchise fees are reviewed annually for potential periodic
adjustment.
B. CRITICAL ISSUES
• A franchise fee increase was included as a part of the 2005 budget
and accepted by the gas company pursuant to the franchise
agreement.
• The fee increase was noticed and implemented by the gas company
commencing with the January, 2005 billing.
C. FINANCIAL
• The cumulative annual fees generated by the 10% increase amount to
between $40,000 and $50,000. These additional fees are a
necessary part of the 2005 budget
D. LEGAL
• The City Attorney has recommended that the City formally adopt the
fee schedule increase by amending the Gas Franchise ordinance.
ALTERNATIVE KECOMMENDATI(
• None, as the fee schedule
Franchise Ordinance.
nge should be memorialized through the
I V . ATTACHMENTS I
• rroposed ordinance.
• Letter dated September 16, 2004.
I V 1. PRINCIPAL PARTIES EXPECTED AT MEETING I
• None.
ORDINANCE NO.
CITY OF RICHFIELD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
AN ORDINANCE TAiiDT T'i AiiL`1~TTil~Tf'~ ~ MODIFYING THE GAS
FRANCHISE FEE ON CENTERPOINT ENERGY ~aT~T~T~r ~ crn FOR
PROVIDING GAS SERVICE WITHIN THE CITY OF RICHFIELD
THE CITY OF RICHFIELD ORDAINS:
SECTION 1. The City of Richfield Municipal Code Appendix E is hereby amended
.as follows•
Subdivision 1. Purpose. The Richfield City Council has determined that it is in the best
interest of the City to impose a franchise fee on those public utility companies that provide
natural gas and electric services within the City of Richfield.
Subd. 2. Franchise Fee Statement. z4Pursuant to Ordinance 2003-24. the franchise
fee ;imposed on nt rP in under its Gas Franchise rii-u
tkeis hereby amended. The amended fee schedule i~,attached hereto as Exhibit A and made a
part of this ordinance, commencing with the n 's January ~
~9A42005 billing month. The franchise fee is in lieu of all permit fees otherwise paid by
Minnegasco for its use of Public Ways and Public Ground in the City.
Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance
with the terms set forth as follows. The franchise fee shall be payable quarterly and shall be
based on the complete billing months during the period for which payment is to be made. The
payment shall be due the last business day of the month following the period for which the
payment is made. The fee may be changed by ordinance from time to time, however each
change shall meet the same notice requirements and may not occur more often than annually.
Such fee shall not exceed any amount, which the Company may legally charge to its customers
prior to payment to the City by imposing a surcharge equivalent to such fee in its rates for Gas
service. The Company may pay the City the fee based upon the surcharge billed subject to
subsequent reductions to account for uncollectibles or customer refunds. The time and manner
of collecting the franchise fee is subject to approval of the Public Utilities Commission, which
the Company agrees to use best efforts to obtain. The Company agrees to make its records
available for inspection by the City at reasonable times, provided that the City and its designated
representative agree in writing not to disclose any information that is not public data which
would indicate the amount paid by any identifiable customer or any other information regarding
specific customers.
~ -{~~-Pursuant to .City Ordinance No. 2003-10, a Franchise Agreement between
the City and CenterPoint Energy n r i "), the
City has the right to impose a franchise fee on i~4i~eg-Esc-eCenterPoint in an agreed
upon amount and fee design, as set forth in Section 6.1 of the
"~~~„°^~~~~CenterPoint Franchise.
- ---.--___=a~..___
Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities
Commission allows the utility company to add a surcharge to customer rates to reimburse such
utility company for the cost of the fee and that n r oin will surcharge its
customers in the City the amount of the fee.
Subd. 5. Record Support for Payment. rP 'n shall make each
payment when due and, if requested by the City, shall provide at the time of each payment a
statement summarizing how the franchise fee payment was determined, including information
showing any adjustments to the total surcharge billed in the period for which the payment is
being made to account for any uncollectibles, refunds or error corrections.
Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this
ordinance will be resolved in accordance with Section 2.5 the Franchise Agreement.
Subd. 7. Effective Date of Franchise Fee. Notwithstanding the effective date of this
ordinance and notwithstanding any contrary provisions in the Franchise, the effective date of the
fee collected under Subdivision 2 of this ordinance is the later of ten (10) days after the
publication or after the sending of written notice enclosing a copy of this adopted ordinance upon
n in by certified mail. It has been agreed to in advance by
1~~~~eg~sseCenterPoint's representatives that r 'n will abide by the
provisions of this Subdivision 7, provided fee collection will not commence before the later of
the Company billing month set forth in subdivision 2 or the first billing month commencing 20
days after the foregoing effective date of the franchise fee.
Subd. 8. Fee Review. The City Council shall begin a review of this Ordinance by June
30, 2008 to determine whether to continue, terminate or modify the fee. If the Council deems it
to be in the City's best interest to continue the fee in its current form, no Council action is
necessary. If the Council deems it to be in the City's best interest to terminate or modify the fee,
the Council shall give r in at least sixty (60) days written notice prior to the
proposed change. Subject to the City's rights under Minnesota law, the City shall obtain the
consent of r to any proposed increase in the fee but may unilaterally
decrease or terminate the fee.
SECTION 2. This ordinance takes effect as provided herein.
Read by the City Council of the City of Richfield this day of , X893-2005•
Read and passed by the City Council of the City of Richfield this day of
~-2~u
Martin Kirsch, Mayor
Steven L. Devich, Acting City Manager
APPROVED AS TO FORM:
Nancy Gibbs, City Clerk
EXHIBIT A
ENTERPOINT GAS FRANCHISE
FEE SCHEDULE
Class Fee Per Meter
Residential $~y
Conan-A $~
Comm/Ind-B $4:38 4.95
o_
Comm/Ind-C $8:88 11•pp _
SVDF-A $8:88 11.00
SVDF-B $8:88- 11.00
Franchise fees are to be collected by the Utility in the amounts set forth in the above schedule,
and submitted to the City on a quarterly basis as follows:
January -March collections due by Apri130.
April -June collections due by July 31.
July -September collections due by October 31.
October -December collections due by January 31.
City Manager's Office
MAYOR
MARTIN J. KIRSCH
CITY COUNCIL
JOHNENGER
SUSAN ROSENBERG
SUZANNE M.SANDAHL
GERTRUDE ULRICH
CITY MANAGER
SAMANTHA ORDUNO
September 16, 2004
Ms. Connie Hargast
CenterPoint/Minnegasco
800 LaSalle
Minneapolis, MN 55402
Subject: 2005 Franchise Fee Increase
Dear Connie:
Hello, Connie. I hope your day is going well. Thank you for clarifying today that a formal
resolution is not needed to increase the franchise fees. This letter will confirm our earlier
conversation regarding the City Council's request to CenterPoint/Minnegasco that franchise
fees on natural gas meters throughof!t thA city ~~~~~~~~ ~;, 1p%, effective January 1, 2005.
On September 6, 2004, the Richfield City Council certified the 2005 tax levy. As part of the
2005 City budget, the Council has approved a 10% increase in the franchise fee for 2005.
This translates into a 15-cent increase per month on residential meters.
Thank you, Connie, for all your help with this matter. If you have any questions, or need
additional information, please do not hesitate to call.
Warms Regards,
,~cl~i~
Samanth O uno
City M aaer
SO:cak
Copy: Richfield City Council
Administrative Services Director
.finance Manager
T{re U'rbcrn Honretou•rr
6700 PORTLAND AVENUE, RICHFIELD, MINNESOTA 55423 612.861.9700 FAX: 612.861.9749
www.ci.richfield.mn.us AN EQUAL OPPORTUNITY EMPLOYER
AGENDA SECTION: Consent
AGENDA ITEM # _ _ _ (A
REPORT # ~,
~' STAFF REPORT
CITY COUNCIL MEETING
JANUARY 11, 2005
Related to:
CITY COUNCIL GOAL(S~ NO. N/A AND/OR RICHFIELD 2020 GOAL(S~ NO N/A
STEVEN L. DEVICH
REPORT PREPARED BY: ACTING CITY MANAGER
NAME, TITLE
COUNCIL PRESENTER:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of first reading of the proposed ordinance modifying the electric franchise fee on
Northern States Power d/b/a Xcel Energy for providing electric service within the City of
Richfield and schedulin a ublic hearin and second readin for Februa 8, 2005.
I. RECOMMENDED ACTION:
By Motion: Approve:
• First reading of the attached ordinance modifying the electric
franchise fee on Northern States Power d/b/a Xcel Energy for
providing electric service within the City of Richfield and
• Schedule the public hearing and second reading for February 8,
2005.
III. BACKGROUND ~
At the December 16, 2003 City Council Meeting, the City Council held a public
hearing and adopted a Electric Franchise Fee Ordinance for implementation in early
2004. The franchise ordinance included a fee schedule that incorporated several
classifications of properties and the corresponding monthly fee per meter. The fees
ranged from the lowest fee per meter, established for residential property at a
monthly meter charge of $1.45 to large commercial and industrial customers at a
monthly meter charge of $65.
0111Xcel Energy
During the 2005 budget preparation process, which took place in the late summer
and fall of 2004, the City Council included a 10% franchise fee increase as part of
the 2005 revenue package. This of course, amounted to a 15 cent per month
increase on each residential meter and up to a $6.50 per month increase on the
large commercial and industrialclassification. The City Manager then notified the
electric utility, Xcel Energy, of the intended franchise fee increase. In accordance
with the franchise agreement, the electric company accepted the fee increase and
agreed to implement the fee increase commencing January 1, 2005.
As a formality, the City Attorney has recommended that the new change to the fee
schedule be adopted through an amendment to the Franchise Ordinance.
The action initiated here is the beginning of that formal process.
III. BASIS OF RECOMMENDATION
A. POLICY
• The dedicated funds generated from franchise fees provide a reliable
funding source for the important infrastructure elements of streets,
buildings and trees.
• Franchise fees are reviewed annually for potential periodic
adjustment.
B. CRITICAL ISSUES
• A franchise fee increase was included as a part of the 2005 budget
and accepted by the electric company pursuant to the franchise
agreement.
• The fee. increase was noticed and implemented by the electric.,
company commencing with the January, 2005 billing.
C. FINANCIAL
• The cumulative annual fees generated by the 10% increase amount to
between $40,000 and $50,000. These additional fees are a
necessary part of the 2005 budget
D. LEGAL
• The City Attorney has recommended that the City formally adopt the
fee schedule increase by amending the Electric Franchise ordinance.
ALTERNATIVE KECOMMENDATION(S)
• None, as the fee schedule change
Franchise Ordinance.
uld be memorialized through the
I V . ATTACHMENTS
• rroposea orainance.
• Letter dated September 16, 2004.
I V 1. PRINCIPAL PARTIES r;XPECTED AT MEETING
• None.
ORDINANCE NO.
CITY OF RICHFIELD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
AN ORDINANCE MODIFYING THE ELECTRIC
FRANCHISE FEE ON NORTHERN STATES POWER DB/A XCEL
ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY
OF RICHFIELD
THE CITY OF RICHFIELD ORDAINS:
SECTION 1. The City of Richfield Municipal Code Appendix E is hereby amended
row ,.o,,,.o +„ +~.~ ~ ~i,..,,;.,,. cro,.;,,~ n,.,a;~„~,.o.as follows:
Subdivision 1. Purpose. The Richfield City Council has determined that it is in the best
interest of the City to impose a franchise fee on those public utility companies that provide
natural gas and electric services within the City of Richfield.
~ -{~~Pursuant to City Ordinance No. 1987-27, a Franchise Agreement between
the City and Northern States Power Company, d/b/a Xcel Energy, the City has the
right to impose a franchise fee on Xcel Energy in amount and fee design as
authorized in Section 9.1 of the Xcel Energy Franchise~d~~m~~
~Ened~~et„ „~t~4-
1 Pursuant to Citv Ordinance 2003-25, the Citv exercised its right to imno e a
ranchise fee on Xcel Energy. This includes the right to modify the fee amount
' h the consent of Xcel Energy as to amount and notice period. to which Xce
Energy has consented.
Subd. 2. Franchise Fee Statement. z4Rur~uant to Ordinance 2003-25. the franchise
fee imposed on Xcel Energy under its Electric Franchise m-asse-~~
hereby amended. The amended fee schedule i~attached hereto and made a part of this
ordinance, commencing with the Xcel Energy's January ~ X9842005 billing month.
Subd. 3. Payment and Fee Design. The franchise fee shall be payable to the City in
accordance with the terms set forth in Section 9.3 of the Franchise. This fee is an account-based
fee on each premise and not ameter-based fee. In the event that an entity covered by this
ordinance has more than one meter at a single premise, but only one account, only one fee shall
be assessed to that account. If a premise has two or more meters being billed at different rates,
the Company may have an account for each rate classification, which will result in more than
one franchise fee assessment for electric service to that premise. If the Company combines the
rate classifications into a single account, the franchise fee assessed to the account will be the
largest franchise fee applicable to a single rate classification for energy delivered to that premise.
In the event any entities covered by this ordinance have more than one premise, each premise
(address) shall be subject to the appropriate fee. In the event a question arises as to .the proper
fee amount for any premise, the Company's manner of billing for energy used at all similar
premises in the city will control.
Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities
Commission allows the utility company to add a surcharge to customer rates- to reimburse such
utility company for the cost of the fee and that Xcel Energy will surcharge its customers in the
City the amount of the fee.
Subd. 5. Record Support for Payment. Xcel Energy shall make each payment when
due and, if requested by the City, shall provide at the time of each payment a statement
summarizing how the franchise fee payment was determined, including information showing any
adjustments to the total surcharge billed in the period for which the payment is being made to
account for any uncollectibles, refunds or error corrections.
Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this
ordinance will be resolved in accordance with Section 2.5 the Franchise Agreement.
Subd. 7. Effective Date of Franchise Fee. Notwithstanding the effective date of this
ordinance and notwithstanding any contrary provisions in the Franchise, the effective date of the
fee collected under Subdivision 2 of this ordinance is the later of ten (10) days after the
publication or after the sending of written notice enclosing a copy of this adopted ordinance upon
Xcel Energy by certified mail. It has been agreed to in advance by Xcel Energy's representatives
that Xcel Energy will abide by the provisions of this Subdivision 7, provided fee collection will
not commence before the later of the Company billing month set forth in subdivision 2 or the
first billing month commencing 20 days after the foregoing effective date of the franchise fee.
Subd. 8. Fee Review. The City Council shall begin a review of this Ordinance by June
30, 2006 to determine whether to continue, terminate or modify the fee. If the Council deems it
to be in the City's best interest to continue the fee in its current form, no Council action is
necessary. If the Council deems it to be in the City's best interest to terminate or modify the fee,
the Council shall give Xcel at least sixty (60) days written notice prior to the proposed change.
Subject to the City's rights under Minnesota law, the City shall obtain the consent of Xcel to any
proposed increase in the fee but may unilaterally decrease or terminate the fee.
SECTION 2. This ordinance takes effect as provided herein.
Read by the City Council of the City of Richfield this day of ~3-2005.
Read and passed by the City Council of the City of Richfield this day of
2AA-3-2005.
Martin Kirsch, Mayor
Steven L. Devich, Acting City Manager
APPROVED AS TO FORM:
Nancy Gibbs, City Clerk
EXHIBIT A
XCEL ENERGY ELECTRIC FRANCHISE
FEE SCHEDULE
Class
Residential
Sm C & I -Non-Dem
Sm C & I -Demand
Large C & I
Fee Per Meter
$~4 S 1.60
$4~9 4.95
$~A:A9 11.00
$~}5-A8 71.50
Franchise fees are to be collected by the Utility in the amounts set forth in the above schedule,
and submitted to the City on a quarterly basis as follows:
January -March collections due by Apri130.
April -June collections due by July 31.
July -September collections due by October 31.
October -December collections due by January 31.
.~
;.
~ \.
City Manager's Office
September 16, 2004
Pat Cline
Xcel Energy
5309 West 70th Street
Edina, MN 55439
MAYOR Sub ect: 2005 Franchise Fee Increase
MARTIN J. KIRSCH ~
CITY COUNCIL Dear Pat:
JOHN ENGER
SUSAN ROSENBERG Hello, Pat. I hope your day is going well. I received your voice-mail message yesterday.-
SUZANNE M. SANDAHL thank you for getting back to me. I understand that ou are researching if a resolution is
GERTRUDE ULRICH y
needed to request an increase in the electric franchise fee to the City of Richfield. Just as an
CITY MANAGER FYI, Connie Hargast at CenterPoint/Minnegasco researched the same issue and today
SAMANTHA ORDUNO confirmed that her research indicated that a letter is sufficient.
1 am sensitive to the timeline you have for informing your customers, especially the large
users, so I wanted you to receive a formal letter as soon as possible. If your research
determines that a resolution is also required, please let me know and the City will get that
process moving as quickly as possible.
On September 6, 2004, the Richfield City Council certified the 2005 tax levy. As part of the
2005 City budget, the Council approved a 10% increase in the electric franchise fee for 2005.
This translates into a 15-cent increase per month on residential meters.
This letter will confirm the City of Richfield's request to Xcel Energy that franchise fees on
electric meters throughout the City increase by 10%, effective January 1, 2005.
Thank you, Pat, for all your help with this matter. If you have any questions, or need
additional information, please do not hesitate to call.
Warmest Regards,
a Orduno
City Manager
SO:cak
Copy: Richfield City Council
Administrative Services Director
Finance Manager
The Urban Hometotirn
6700 PORTLAND AVENUE, RICHFIELD, MINNESOTA 55423 612.861.9700 FAX: 612.861.9749
www.ci.richfieltl.mrt.us AN EQUAL OPPORTUNITY EMPLOYER