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01-08-02 agendaCITY OF RICHFIELD, MINNESOTA TUESDAY, JANUARY 8, 2002 SPECIAL CITY COUNCIL WORKSESSION COUNCIL CHAMBERS 5:30 P.M. AGENDA Call to order Roll call Discussion of sidewalk plowing and snow hauling II. Discussion of I-351N-62 Crosstown design III. Discussion of I-494 right-of--way Adjournment REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 6:30 P.M. AGENDA n INTRODUCTORY PROCEEDINGS Call to order Roll call Open Forum (6:30-6:45 p.m.) Each speaker is asked to complete a speaker's form and provide it to a staff member. Speakers are also asked 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, Notes: Adjournment Call to order Roll call Pledge of Allegiance Approval of minutes of (1) Special City Council Meeting of December 5-9, 2001; (2) Regular City Council Meeting of December 10, 2001; and (3) Special City Council Meeting of ,,_; December 12, 2001 PRESENTATIONS Special presentation to City Council 2. Annual meeting with local Legislators to discuss City of Richfield 2002 Legislative Initiatives and Policies COUNCIL DISCUSSION Council attendance at upcoming community meetings Notes: CITY MANAGER'S REPORT Notes: AGENDA APPROVAL 3. Council approval of agenda CONSENT CALENDAR 4. Consent Calendar contains several separate items which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of designation of Steven L. Devich, Administrative Services Director, as Acting City Manager for 2002 S.R. No. 1 B. Consideration of approval of resolution designating Richfield Sun-Current as official newspaper and Star Tribune as second official newspaper for 2002 S.R. No. 2 C. Consideration of approval of resolutions designating official depositories for City of Richfield in 2002, including approval of collateral S.R. No. 3 D. Consideration of approval of resolution regarding Council Member attendance at Council meetings S.R. No. 4 E. Consideration of first reading of transitory ordinance authorizing planning, design and execution of Phase One of Outdoor Pool Renovation Project and scheduling public hearing and second reading for February 12, 2001 S.R. No. 5 F. Consideration of approval of resolution providing funding of certain human service agencies for 2002 S.R. No. 6 G. Consideration of approval of relocation assistance appeal policy S.R. No. 7 H. Consideration of approval of purchase order to Superior Ford for five new squad cars in amount of $106,425 S.R. No. 8 I. Consideration of approval of purchase order to St. Joseph Equipment for Wildcat-M- 8000MDR-200 snow blower in amount of $63,088.47 S.R. No. 9 . J.... _Consideration of approval. of _pur~hase,order.:#o.MacQueen .Equiprx~ent,.J.nc,. or trackless MT5 sidewalk plow, hydraulic broom and V-plow_in .amount of $69,578.58 S.R. No. 10 K. Consideration of approval of temporary 3.2 percent malt liquor, itinerant place of amusement, itinerant food and public dance licenses for Church of the Assumption annual Sno-Ball family event on January 26, 2002 S.R. No. 11 Notes: ',`J PUBLIC HEARINGS 5. Public hearing and second reading of ordinance amending Chapter 13 of Richfield City Charter by adding new section authorizing administrative fines and penalties Staff Report No. 12 Notes: 6. Public hearing and second reading of ordinance amending Chapter 7.13. of Richfield City Charter to establish June 30 deadline for submission of annual financial report Staff Report No. 13 Notes: 7. Public hearing and consideration of resolution granting final approval of subdivision for Best Buy Campus '~ , J Staff Report No. 14 Notes: 8. Continue to February 12, 2002, public hearing and second reading of transitory ordinance to authorize conveyance of remnant parcel to Century Court Apartments :Staff Report ~No....15 _... . Notes: 9. Public hearing and second reading of ordinance amendment to City Code Section 405 regarding housing maintenance code; rescind Resolution 9119 of Appendix D and approve resolution amending Appendix D with new fees added related to changes in housing maintenance code; and consider resolution approving summary publication of ordinance code Section 405 by title and summary Staff Report No. 16 Notes: OTHER BUSINESS 10. Consideration of request for driveway improvements for 1920 West 76th Street as part of 76th Street Widening Project Staff Report No. 17 Notes: 11. Consideration of work order number 23 to SEH Consultants for design services related to reconstruction of Knox Avenue in amount of $52,878.32 Staff Report No. 18 Notes: 12. Consideration of work order number 24 to SEH Consultants for design services related to replacing ICTM interconnect on 76th Street between 1-35W and Sheridan Avenue in amount of $40,573.61 Staff Report No. 19 Notes: 13. Consideration of Council liaison appointments for 2002 to various metropolitan agencies and City commissions _. _, Staff Report No. 20 Notes: 14. Consideration of approval of City of Richfield 2002 Legislative Initiatives and Policies Staff Report No. 21 Notes: 15. Consideration of Council designation of Mayor Pro Tempore for 2002 Staff Report No. 22 Notes: 16. 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 asked to complete a speaker's form and provide it to a staff member. Speakers are also asked 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. Notes: 17.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: Other Business AGENDA ITEM # 15 t ~ REPORT # 2 2 `` STAFF REPORT CITY COUNCIL MEETING .TANUARY 8, 2002 REPORT PREPARED BY: CHERYL KRUMHOLZ, ADMIN. ASSISTANT NAME, TITLE REPORT PRESENTER: SAMANTHA ORDUNO, CITY MANAGER NAME, TITLE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of designation of Mayor Pro Tempore for 2002. I. RECOMMENDED ACTION: B Motion: Council desi nation of Ma or Pro Tem ore for 2002. II. BACKGROUND It is necessary to designate a Council Member to serve as the Mayor Pro Tempore for those times when the Mayor is absent from the City. Council Member Sue Sandahl served as Mayor Pro Tempore for 2001. III. BASIS OF RECOMMENDATION A. POLICY • Each year the City Council designates a Council Member to serve as the Mayor Pro Tempore. 0108mayor B. CRITICAL ISSUES It is necessary to designate a Mayor Pro Tempore to ensure continuation of City operations during an absence of the Mayor. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATNE RECOMMENDATION~S~ • Defer the designation to a future Council meeting. V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. AGENDA SECTION: Other Business AGENDA ITEM # 14 REPORT # 21 STAFF REPORT CITY COUNCIL MEETING JANUARY 8, 2002 REPORT PREPARED BY: CHERYL KRUMHOLZ, ADMIN. ASSISTANT NAME, TITLE REPORT PRESENTER: SAMANTHA ORDUNO, CITY MANAGER NAME, TITLE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of City of Richfield 2002 Legislative Initiatives and Policies. I. RECOMMENDED ACTION: By Motion: Approve the City of Richfield 2002 Legislative Initiatives and Policies. II. BACKGROUND On January 4, 2002, the City Council and City staff conducted the annual goal setting session. Discussion included Richfield's 2002 Legislative Initiatives and Policies. III. BASIS OF RECOMMENDATION A. POLICY • For several years, the City of Richfield has prepared legislative initiatives and policies based upon a combination of prior legislative initiatives and new issues identified by the City Council and City staff. • Legislative initiatives of the League of Minnesota Cities and the Association of Metropolitan Municipalities are also included in Richfield's package. • Richfield's legislators are annually invited to a Council meeting to discuss the initiatives and policies. 01081egislative.doc B. CRITICAL ISSUES • Richfield legislators were invited to attend the January 8 Council ~ -~ meeting to discuss the City's 2002 legislative initiatives and policies. • The Council and City staff met on January 4 at the annual goal setting session to discuss the legislative initiatives and policies. • Many of the initiatives included will be priority items for the League of Minnesota Cities and Association of Metropolitan Municipalities as they have state-wide or metro-wide significance. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • The City Council may defer action on this item to another meeting. • The Council may decide to approve all or part of the initiatives. • The Council may decide not to adopt any formal initiatives for 2002. • If the initiatives are not formally approved and adopted, they may not be considered official initiatives and policies for the City. C~ V. ATTACHMENTS • Legislative Initiatives and Policies VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Local legislators DRAFT CITY OF RICHFIELD 2002 LEGISLATIVE PRIORITIES Each year as the Richfield City staff begins to prepare the next year's Legislative Priorities, we are always struck by the incredible impacts the preceding legislative session had on cities in general and on Richfield in particular. Last year, the opportunity was excellent for an on-going funding source for the airport mitigative area. We had the support of the Metropolitan Airports Commission (MAC) and the surrounding cities to put an end to the misery of hundreds of residents of Richfield, Minneapolis, Bloomington, Eagan, Mendota Heights and St. Paul. But, the House majority refused to consider the bill despite the efforts of Richfield's legislative delegation and those of the surrounding communities. So, we remain within an unprecedented close proximity to an expanding airport and the people of Richfield continue to endure the unendurable. Now, with the events of September 11, 2001 and the economic decline that was evident prior to September 11 but has ballooned since the tragedy, the State government of Minnesota now finds that there is a State revenue shortfall of approximately $2 billion. And, once again the Governor and his staff turn to cities to "feel the pain". I believe the more accurate statement would have been that cities continue to feel the pain as cities have been the brunt of State revenue reduction strategies since the early 70's: As we go into the 2002 legislative session (and a bonding year in terms of the State - budget), it is clear that the focus once again will be on reducing State aids to cities, eliminating and/or reducing programs and special funding projects. Our legislative delegation was very candid about our limited opportunities to secure additional funding for airport noise mitigation.. So, while the MAC has delayed for at least one year the completion date for the new runway, the City also has a one year "hold tight" strategy regarding any State funding for mitigation for 2002. The priority will be to work with the MAC to ensure, at a minimum, that the Part 150 program to the 60 DNL will not be dismantled. The City will also need to work collaboratively with other cities and our State and regional municipal organizations to ensure that the Legislature does: not dismantle the tax increment financing (TIF) laws. Any further revisions to the TIF laws that render TIF impossible to implement without another viable economic development tool could have . huge negative impacts on first ring suburbs, the region's transportation systems and our collective quality of life. Social service funding, both on the State and local level, will also feel the brunt of State reductions. To this end, there must be collective support to maintain the levels of social service funding and lobby for continuance of programs that help most those that need help helping themselves. The City of Richfield presents, herein, its legislative priorities for the year 2002: These initiatives are presented with the understanding that each and every success results in future successes that will enhance the. City's ability to secure a safe and prosperous community for its stakeholders and strengthen the vitality of the metropolitan area and the state. -1- The City's priorities are listed in the following manner: PRIORITY A These priorities consist of: • Legislation that is an initiative of the City of Richfield and/or an initiative of Richfield and other governmental entities. • Legislation that has significant and immediate impacts to the City. PRIORITY B These priorities consist of: • Support of continuation/expansion/funding of existing programs that impact the City of Richfield, other municipalities in the metro area and the state. PRIORITY C These priorities consist of: • Richfield's support of specific adopted positions of the League of Minnesota Cities and the Association of Metropolitan Municipalities. • General quality of life issues that merit legislative and congressional consideration and action. -2- ^ PRIORITY A -INITIATIVES ~) A1. AIRPORT NOISE MITIGATION Richfield supports the MAC's August 2001 position of full insulation to the 60 DNL and opposes the changes made to that plan in December 2001. The City supports legislative control and oversight of the MAC. A2. LGA REDUCTIONS/UNFUNDED MANDATES Richfield opposes any reductions of LGA in 2002 and further opposes legislative actions to impose additional unfunded mandates on cities. Richfield opposes indiscriminate decreases in LGA and supports amulti-year phased approach to any levy reductions to allow cities to prepare for the financial impacts that result from aid reductions. A3. SALES TAX ON LOCAL GUVtKNMtn- ~ ruKC;riH~r~ Richfield supports legislation that would reinstate the sales tax exemption for all local government purchases without requiring a reduction in other aids.. A4. CONTROL OF ALCOHOL SALES Richfield opposes any legislation that would allow the sell of wine, wine coolers and associated products intended for consumption off the licensed premises (off- sale) by other than municipal liquor stores. A5. MOTOR VEHICLE REGISTRATION Richfield supports legislation that will permit motor vehicle registrar offices to .___, directly issue license tabs over the Internet. A6. TRANSPORTATION FUNDING The City supports legislative efforts to increase long-term funding for the Moving Minnesota Plan of MnDOT that will remove bottlenecks on the 494-694 ring road around the Twin Cities area. Additional funding will accelerate reconstruction of -494 from Highway 100 to 34th Avenue, especially the 35W/494 interchange that has been identified as a major traffic bottleneck. In addition, Federal funding for completion of the 77th Street Project including the Lyndale Avenue Bridge would advance the regional and City interests in the I-494 Corridor. A7. LEGISLATIVE STUDY OF 35W/62 CROSSTOWN The City supports the alternative design proposed by the Parsons, Brinkerhoff but opposes any action that does not incorporate eight conditions stipulated by the Richfield City Council A 8. TRANSI T FUNDING The City supports transit funding that is adequate to expand bus service in light of the additional transit funds already directed at light rail transit and commuter rail service. A9. AFFORDABLE HOUSING Richfield suports continued funding of the 4d property tax rate with a reduction to .75 (instead of being increased to 1.25) for those that continue to participate in the program for taxes payable in 2003 or after. High performing communities (Richfield has 1,240 units or 24 percent of our multi unit rental housing stock dedicated to affordably in a publicJprivate partnership with apartment owners) -3- should be eligible for state replacement aid for units exceeding 20 percent of the J multi unit rental housing stock. Building on Richfield's success in incentive based remodeling programs, Richfield supports the expansion of the special law of Brooklyn Park, Session Laws 1996 to partner apartment owners and communities to finance existing apartment. rehabilitation. A10. TAX INCREMENT FINANCING LAWS Richfield opposes any Legislative action that would diminish the legislative standards of: public purpose, blight findings, findings of substandardness and the local conclusiveness of these findings. The LMC also supports no new modification to TIF law. Those redevelopment tax increment districts established on apay-as-you-go basis demonstrate the most cost effective leveraging of private capital without the cost of issuance and amortization of bonding. The City supports legislation that provides replacement aid to compensate projects affected by the tax rate changes of 2001. AMM also supports this initiative. A11. RESOURCES FOR FAMILY SERVICES COLLABORATIVE The City of Richfield supports the following: • The State Legislature reaffirm its commitment to fund Family Services Collaboratives and consider an ongoing level of funding at a one-third level based on each Collaboratives' annual grant amount for the first three years of the original five-year grant. • The State Legislature review the functions and expectations of the State Family Services Collaboratives and. their relationship to/with Revenue Enhancement/LCTS and determine .how these two efforts can be more efficiently and economically connected, at the State and local/regional levels, for better service for families and children. A12. DATA PRIVACY/CHILD PROTECTION Richfield supports Legislative action that would: • Revise data privacy laws or expand on the Community Case Consultation Team format (currently under the auspices of the County) to quickly bring-the required resources together to resolve family situations where neglect/abuse are issues and the family resists outside help and refuses to sign data release forms.. This would be helpful at the community level in dealing with neglect and abuse in community-based approaches and at the same time being sensitive to protecting people from public exposure. PRIORITY B -CONTINUATION/EXPANSION/FUNDING OF EXISTING PROGRAMS 81. LEGISLATIVE COMMISSION ON MINNESOTA RESOURCES (LCMR) Support continued designation of the Legislative Commission on Minnesota. Resources. Encourage the Environmental and Natural Resource Trust Fund and Future Resources Fund to prioritize the following items for funding: • Expenditures supporting preservation management and restoration of natural resources that encompass both urban and rural environmental issues. • Trust Fund expenditures for trail connections and corridors throughout the state by building trails that promote non-motorized transportation. • Local grants program. -4- Bonding Request for Department of Natural Resources Support DNR's bonding request for Natural & Scenic Grants in the amount of $1,000,000 and Local Trail Connection Grants in the amount of $500,000. Federal Land and Water Conservation Funds Encourage Senators and Members of Congress to reinstate and fully fund Land and Water Conservation (LAWCON) funds. 82. AFFORDABLE HOUSING IN RICHFIELD The evolving concept of keeping land in public ownership to reduce the cost of housing, a land trust, requires funding equivalent to the value of the land portion. In the absence of directly appropriated state and federal dollars, which are warranted, state bonding should be considered. The land asset is collateral for the funding. State general obligation bond funding, with a constitutional change and requisite referendum, would allow reduced rate capital to finance privately owned/public purpose affordable housing. Richfield supports the matching of a source of funds (deed and mortgage registration taxes) with the use of funds (building new and preserving existing housing). B3. REDEVELOPMENT EFFORTS Richfield supports the expansion of funding for DTED's Redevelopment Fund. $20 million or more will begin to offset the increasing gaps in covering the public costs of redevelopment; the source of funds being a mixture of state bonds and general funds; and The expansion of funding for Livable Communities programs and specifically support allocations of resources to investment in suburban core town centers consistent with Metropolitan Council 2030 guidelines and smart growth principals. 84. FIREARM TRANSFER PERMIT FEES Richfield supports:. • Continued authority to charge fees for gun transfers. • Support proposal for anti-terrorism training .facility at Camp Ripley. Richfield opposes: • Any changes in the right to carry concealed weapons law. B5. LOW-INCOME HOUSING Richfield supports: • Legislative review and revision of the definition and criteria of affordable housing to better identify the needs of low-income persons and develop policies and resources to more clearly target vulnerable groups. • Increased State funding for affordable housing needs, to increase the housing supply, and assist both renters and homeowners with grants, loans, and housing subsidies focussing on at-risk groups. • Legislative collaboration with the Minnesota Congressional Delegation to persuade the Federal Government to reinvest in meeting the housing crisis for the low-income and the poor. -5- 86. WELFARE-TO-WORK INITIATIVE Richfield supports: • Consider by the Legislature to address the needs and issues of families who are not participating in the Welfare-to-Work Initiative, with special attention to the impact on children of these families if they are cut off from financial aid completely. • Examination of the ongoing needs of families who have completed the five- , year program and provide resources which can enable counties, communities, agencies, schools, etc. to meet these needs and continue to provide the necessary support services such as child care, transportation, job/work related activities and counseling, to name some. 87. CHILD CARE/DAY CARE Richfield supports: • Increased funding for child care to make it affordable to the working poor and families being required to enter the labor market as an alternative to public assistance. • Provide funds/incentives to cities, schools, churches, agencies to operate after-school hour programs, especially for the low-income working poor and two parent working families. • Increase the number of qualified staff to provide for the growing demand on child care services. 88. HEALTH CARE The City of Richfield supports: • Continuation and expansion of Minnesota Care coverage for people currently ~ eligible and for those who will be required to go to work, often at lower paying n jobs and possibly without health care benefits. 89. FIRE/EMS EMERGENCY PREPAREDNESS ACT A bill to address gaps at the local level. in fire and EMS response. Note: A draft bill was not available at this time however the following are provisions in the bill that would most impact Richfield. The City supports the following Legislative actions: • Restoration of ERT Teams and creation of additional team to be cited in St. Cloud. Estimated cost is approximately $1 million for contracts and equipment. • One time training cost to address nuclear, bioterrorism, explosives, structural collapse, and weapons of mass. destruction. Target audience of 25% of the 25,000 Fire and EMS personnel at average pay of $20 per hour equals $6.25 million. • One time cost of $30,000 to provide additional 10-decontamination equipment caches in addition to the 10 in place via the Haz Mat program. • $216,000 to fund a study on needs surrounding a structural collapse team. • Specialized personal protective equipment (masks, gloves, suits) for EMS responders at an estimated cost of $400,000. 810. FIRE FLOW TAXING AUTHORITY The City of Richfield supports legislation that would allow cities to impose tax on water utility related to fire flow needs in order to fund the capital operations of the fire department. -6- B11. SLOW DOWN PENALTY _- Richfield suports a bill for an act that would place a monetary and possible criminal penalty for individuals who do not slow down when coming upon an emergency scene. Would also provide money to educate public. (Rep. Mat Entenza initiative, Chiefs Support) 812. EMERGENCY RESPONSE REIMBURSEMENT A 1997 law change provided townships the statutory authority to seek reimbursement for emergency response.. The bill was supposed to extend the same power to cities but the language is unclear. A change is needed to clarify the law so cities have the same power. (Would help recover costs of emergency calls on freeways etc. no draft available yet). 813. FIREWORKS Oppose -will work with authors to address as many fire concerns as possible in event bill gains any momentum. (Fireworks Industry Initiative) PRIORITY C: SUPPORT OF LMC AND AMM POSITIONS/QUALITY OF LIFE ISSUES C1. LEVY LIMITS The City of Richfield opposes levy limits and urges the Legislature to remove them for 2003 and beyond. The City also opposes the imposition of artificial mechanisms such as valuation freezes, payroll freezes, reverse referenda, super majority requirements for levy, or other limitations to the local government budget and taxing process. C2. LOCAL GOVERNMENT AID (LGA) LGA returns a portion of statewide resources to supplement local property taxes. The City straongly supports its continuation without further reduction and with the inclusion of annual inflation index along with State resources to further reduce the reliance on the property tax. In addition, any LGA formula changes considered by the Legislature must have a positive impact on the metropolitan area. C3. FISCAL DISPARITY FUND DISTRIBUTION The City also opposes the use of fiscal disparities to fund social or physical metropolitan programs since it results in a metropolitan-wide property tax increase hidden from the public. C4. AFFORDABLE HOUSING • Providing affordable housing funding, additional federal Section 8 rent assistance and state resources for production of mixed income communities, are an essential element to any policy discussion of "economic stimulus". Additional Section 8 resources also reduce homelessness. (AMM, League) • Initiate a state tax credit for affordable housing (AMM and League) • Support senior housing alternatives that help to free up existing two, three and four bedrooms single family homes affordable to families (AMM). • Identify strategies (and resources) that ensure long term affordability of rental and owner-occupied housing; increasing access to those specific communities with an existing affordable housing supply (League). The most affordable housing has already been built. -7- C5. REDEVELOPMENT EFFORTS To improve local economies, in partnership with federal economic stimulus, Richfield supports the following positions of the League and AMM: • The State should recognize the positive aspects and partner with cities in community reinvestment activities. Community reinvestment and economic development is essential to the State's prosperity and legislation is needed to generate resources sufficient to address these critical needs at the local level. • TIF is still the primary viable development tool available for cities. Property tax abatement authority should continue to be available, but not offered as a rationale to eliminate or further regulate TIF. Tax abatement should be less restrictive in terms of funding caps and financing terms. • Amend the Livable Community Act to eliminate the need that a city annually elects to participate and instead require a resolution only if there is intent to withdraw or not participate. This should include a request for benchmark reports to the Legislature by the Metropolitan Council in 2002 (covering 1996 to 2001) and 2007 (covering 2002- to 2005) and 2011 (covering 2006 to 2010). C6. TRANSPORTATION Transportation continues to be one of the most critical needs, especially for individuals with low incomes, the working poor, welfare-to-work employees, and the elderly: Transportation is important for daily living .needs, such as getting groceries, in getting. to and from work, and for the elderly, to participate in social activities to reduce physical and emotional isolation. Recommendation O • Provide incentives to local communities and regions to develop experimental transportation services while a broader solution is worked out. • Strengthen the Livable Communities Act by enabling more low-income people and others needing transportation to live in outlying communities closer. to the job sources thereby minimizing transportation needs. • for affected employees beyond the car-pooling concept.Provide incentives to employers to create their-own transportation service Transportation continues to be one of the most critical needs for people generally, and especially for those with low incomes, the working poor and Welfare-to-Work employees. It is important not only for daily living needs, but in getting to and from work. Recommendation for legislative action: • Provide incentives to local communities and regions to develop experimental transportation services while a broader solution is worked out. • Strengthen the Livable Communities Act by enabling more low-income people and others needing transportation to live in outlying communities closer to the job sources thereby minimizing transportation needs. • Provide incentives to employers to create their own transportation service for affected employees beyond the car-pooling concept. C7. STREET AUTHORITY The City supports the legislation that would permit cities to establish a Street Authority as an optional funding source for street maintenance. The LMC and AMM have urged the Legislature to permit cities to create a transportation authority. Such authorization would address: -8- • Reduced revenues available for local street and road improvements. The benefits to all taxpayers of a properly maintained local transportation system. • The severe limitations of existing special assessment authority. CS. Support legislation which would allow use of motion imaging detection (photography) for enforcement of traffic laws, specifically in violations of traffic signals, railroad crossing signals, construction work zones and excessive speeding. Support legislative action authorizing utilization of motion imaging recording system technology for governmental units, including .cities, on streets and highways to assist promotion of safety and traffic law compliance enforcement. The technology has been proven and is currently used for law enforcement by numerous states, municipalities and other counties. The State should consider a. pilot project on municipal streets in the metropolitan area. C9. TRANSIT TRUST FUND The City supports legislation that would permit cities to establish a separate Transit Trust Fund to support transit operations statewide. C10. PUBLIC RIGHT-OF-WAY The City supports the continued effort of the League of Minnesota Cities (LMC) to protect the authority of cities to maintain jurisdiction over municipal rights-of- way, to establish relevant criteria and to obtain reasonable compensation for its degradation. C11. SMART GROWTH INCENTIVES Richfield, a fully developed suburban core community, is aggressively pursuing mixed use housing/officelretailing development of greater density and with a priority on transit solutions. These are "smart growth" initiatives. Richfield supports legislation that would reward cities and further provide incentives for cities to establish and maintain "smart growth" development policies. -9- AGENDA SECTION: Other Business AGENDA ITEM # 13 REPORT # 20 ~i STAFF REPORT CITY COUNCIL MEETING .TANUARY 8, 2002 ~/l REPORT PREPARED BY: CHERYL KRUMHOLZ, ADMIN. ASSISTANT NAME, TITLE REPORT PRESENTER: SAMANTHA ORDUNO, CITY MANAGER NAME, TITLE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of designating representatives to serve as 2002 liaisons to various metropolitan a encies and Cit commissions. I. RECOMMENDED ACTION: By Motion: Designate Council liaison appointments for 2002 to various metro olitan a encies and Cit 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 8, 2002 Council agenda as requested by the Mayor. III. BASIS OF RECOMMENDATION A. POLICY • Each year, the City Council appoints representatives to serve as liaisons on various metropolitan agencies and City commissions. B. CRITICAL ISSUES • The City needs representations on metropolitan agencies and commissions. 01081iaisons C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Defer the designation to a future Council meeting. V. ATTACPIMENTS • Liaison appointment list. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. AGENCY ASSOC. METRO MUNICIPALITIES SOUTHWEST CABLE COMMISSION NOISE LEAGUE OF MINNESOTA CITIES RICHFIELD SCHOOL DISTRICT STOREFRONT/YOUTH ACTION I-35W SOLUTIONS ALLIANCE 2001 LIAISON GERTRUDE ULRICH, REP. SUE SANDAHL, ALT. JOHN ENGER, REP. STEVE DEVICH, REP. GERTRUDE ULRICH, ALT. SAMANTHA ORDUNO, ALT. SUE SANDAHL, REP. JOHN ENGER, ALT SUE SANDAHL, REP. SAMANTHA ORDUNO, ALT. SUSAN ROSENBERG, REP. JOHN ENGER, ALT. KATHY FARRIS, LIA. SUSAN ROSENBERG, ALT. SUE SANDAHL, REP. MIKE EASTLING, ALT. 494 CORRIDOR COMMISSION SUE SANDAHL, LIA. TOM FOLEY, ALT. 494 CORRIDOR COMMISSION ENGINEERING SUB-COMMITTEE ADVISORY BOARD OF HEALTH COMM. SERVICES COMMISSION HUMAN RIGHTS COMMISSION PLANNING COMMISSION FRIENDSHIP. CITY COMMISSION RICHFIELD COMMUNITY HUMAN SERVICES PLANNING COUNCIL FOWL BOARD RICHFIELD 2020 MARTIN KIRSCH, LIA. SUSAN ROSENBERG, ALT. SUSAN ROSENBERG, LIA. JOHN ENGER, ALT. GERTRUDE ULRICH, LIA. SUSAN ROSENBERG, ALT. MARTIN KIRSCH, LIA. SUSAN ROSENBERG, ALT. MARTIN KIRSCH, LIA. SUE SANDAHL, ALT. SUSAN ROSENBERG, REP. GERTRUDE ULRICH, ALT. GERTRUDE ULRICH, REP. SUSAN ROSENBERG, ALT. SUE SANDAHL 2002 LIAISON AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT CITY COUNCIL MEETING JANUARY 8, 2002 Other Business 12 19 REPORT PREPARED BY: NAME, TITLE REPORT PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: GEORGE L. ATKINSON, ENGINEERING SUPERVISOR MIKE EASTLING, PUBLIC WORKS DIRECTOR ITEM FOR COUNCIL CONSIDERATION: Consideration of Work Order number 24 in the amount of $40,573.61 for design services related to replacing the ICTM interconnect on 76th Street between I-35W and Sheridan Avenue. RECOMMENDED ACTION: By Motion: Approve Work Order number 24 to SEH Consultants in the amount of $40,573.61 for design services related to replacing the ICTM interconnect on 76th Street between I-35W and Sheridan Avenue. III. BACKGROUND ~ SEH, a civil consulting firm, was hired by Richfield to provide design services for the 76th Street Widening project (including the redesign of Knox Avenue, Penn Avenue and the I-35W off-ramp widening). It was not until after the original Work Order for design services was approved and issued that it was discovered that the Integrated Corridor Traffic Management system (ICTM) traffic signal interconnect had to be replaced. As a result, this work was unanticipated and, therefore, outside the original scope of services as represented in the original Work Order. This is the first time that the ICTM system 0108SEH-ICTMdesignfee was affected by new signalization. Staff, hopefully, will be able to anticipate this work in the future. In order to keep the project on track for construction in 2001, the Director of Public Works instructed SEH to do the design immediately this past spring and to track costs for separate payment. III. BASIS OF RECOMMENDATION A. POLICY • Chapter Six, Section 6.05 of the City Charter stipulates: Every contract for the sale or purchase of merchandise, materials or equipment, or the alteration thereof, or for the construction, alteration, repair or maintenance of real or personal property, where the amount involved is more than the dollar amount contained in Minnesota Statutes, Section 471.345, Subd. 3 shall be let only by the City Council upon the recommendation of the City Manager. • The services provided through this Work Order are under the terms of the SEH/City master agreement for engineering/consulting services. Since this request was not previously approved, either by Work Order or in the City Capital Budget, it is being presented as an action item for Council consideration. B. CRITICAL ISSUES • Because of the need to keep the design of this work on track, the need to open 76th Street to traffic in 2001. and coordination of access with OPUS, this work has already been completed and the resulting '` ICTM signal interconnect design has been implemented in the construction of 76th Street. C. FINANCIAL • The attached Work Order represents an increase in the design services fee of $40,573.61. • Engineering fees for this work will be funded primarily by Municipal State Aid (gas tax proceeds) construction funds. D. LEGAL • The City Attorney will be available to discuss legal aspects of the City's agreement with SEH. No legal issues are known at this time IV. ALTERNATIVE RECOMMENDATION~S~ • Council could deny this request for an increased fee, but the work has already been completed and the fee is due SEH. V. ATTACHMENTS • Work Order number 24 which has been executed by the proper representatives of SEH. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None known at this time. 0108SEH-ICTMdesignfee This is Exhibit A, consisting of 2 pages, referred to in the Agreement between OWNER and ENGINEER for Professional Services. Initials: OWNER ENGINEER Work Order Form WORK ORDER N0.24 Authorization to proceed and site-specific scope of services Project: 76~' Street Widenin west of Penn Avenue to I-35W Location: City of Richfield We transmit the following information for your use: Attached letter request for work order (dated November 13, 2001) We hereby authorize you to proceed with the following phases of services for the above-referenced Project and location in accordance with the agreement between OWNER and ENGINEER dated December 28, 1999 ICTM Interconnect System Design Payment shall be on the basis of (select from the following): ^ Cost Plus Fee: Direct Salary Cost times audited overhead plus fee of -percent and reimbursable expenses. `~ ~~ ^ Cost Plus Fixed Fee: As for Cost Plus Fee, however total Fee shall not exceed ^ Lump Sum: One sum payable by percent of completion of the Services (plus reimbursable expenses). ^ Cost Times a Factor: Direct Salary Cost times a factor of ,plus reimbursable expenses. ® Standard Hourly Billing Rates: Hourly rates plus reimbursable expenses. The Not to Exceed Limit for this Work Order is: $40,573.61 A Construction Cost Limit of is agreed upon between OWNER and ENGINEER for this Project. ENG] Short Its: 41"i~Iit/Lr /it,,>~C~ Signed:l~ ~~ Its: ~/ " lG~1 Dated: //~,~~ 1 OWNER: CITY OF RICHFIELD Signed: Its: Signed: Dated: =SEN `- November 13, 2001 George Atkinson Engineering Supervisor City of Richfield 6700 Portland Avenue Richfield, MN 55423-2560 Dear George: 10901 Red Circle Drive, Suite 200, Minnetonka, MN 55343-9301 952.912.2600 .952.912.2601 FAX architecture engineering environmental transportation RE: Richfield, Minnesota 76th Street Widening SEH No. A-RICHF0007.00 14.00 Vol. 1 ICTM Interconnect System Design One of the most significant difficulties encountered in the design phase for the 76th Street Widening project was the replacement communication system for the ICTM and Traffic Management Center. The process included the evaluation of the entire system serving the I-494 corridor. We were asked to coordinate this program through the ICTM Corridor Management Committee, design the required improvements, and develop a format for a cabling schematic for use not only on this project, but also for other Mn/DOT projects involving these systems. This affected the design for each of the modifications to the existing traffic signal systems at the intersections of 76th Street and I-35W Ramp and Penn Avenue, as well as the intersections at Newton Avenue and Knox Avenue. Mn/DOT also requested that the in-place system be maintained during the construction phase of 76th Street. As the design for the street and utility improvements on 76th Street developed, it became evident that the existing -- .system could not be maintained through the construction. As a result, we designed a temporary system that would allow the continuation of service for the rest of the systems connected to the 76th Street system. This temporary cable will remain in place until the installation of the new system is complete. Our original proposal included time only for the design of a replacement system for what was existing in 76th Street. The extent of the work requested for this piece of the project significantly exceeded the proposed scope of services. Therefore, we are requesting a work order in the amount of $40,573.61 including reimbursable expenses as compensation for the extra services provided. We have prepared a work order form for your approval and signature, which is attached to this letter for your convenience. We appreciate the opportunity to have been able to assist you and your staff in the completion of this project. We are available at your convenience to discuss the contents of this request with you and attend meetings of the City Council as may be necessary.lf you have any questions or concerns regarding this request, please feel free to contact either Mike Foertsch at 952.912.2620 or me a at 952.912.2612. Thank you for your consideration in this matter. Sincerely, J~^- ~ f Kevin B. Kawlewski, P.E. Project Manager ~~ Attachment '` c: Mike Eastling, City of Richfield Mike Foertsch, SEH \\ntautomp\clericallcivil\projecrs4ichfieldkichfllOTextras requests\workorderregl0.dce Short Elliott Hendrickson Inc. Your Trusted Resource Equal Opportunity Employer J STAFF REPORT Other Business 11 18 AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING JANUARY 8, 2002 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: GEORGE L. ATKINSON, ENGINEERING SUPERVISOR NAMC, TITLE MIKE EASTLING, PUBLIC WORKS DIRECTOR ITEM FOR COUNCIL CONSIDERATION: Consideration of Work Order number 23 to SEH Consultants in the amount of $52,878.32 for design services related to the re-construction of Knox Avenue. RECOMMENDED ACTION: By Motion: Approve Work Order number 23 to SEH Consultants in the amount of $52,878.32 for design services related to the reconstruction of Knox Avenue. III. BACKGROUND On November 27, 2000 the City Council authorized the engineering consultant firm of SEH to prepare the plans for the widening of 76th Street from west of Penn Avenue to I-35W. However, the details of the new signalized intersection at 76th Street and Knox Avenue had not been established. Following a series of meetings with representatives from The Colony Apartments, Fountainhead Apartments, SEH and City staff, the details of the design were completed in May of 2001. In order to meet the 2001 construction schedule, the Director of Public Works instructed SEH to complete the intersection plans as part of the 76th Street construction plan. The design work on Knox Avenue extends from 76th Street to the frontage road so that the street can be resurfaced over the Knox Avenue utility work. SEH has now submitted an invoice in the amount of $52,878.32 for the additional work. 0108S EH-Knoxdesig nfee ,~/e. it Trmr r. III. BASIS OF RECOMMENDATION A. POLICY • Chapter Six, Section 6.05 of the City Charter stipulates: Every contract for the sale or purchase of merchandise, materials or equipment, or the alteration thereof, or for the construction, alteration, repair or maintenance of real or personal property, where the amount involved is more than the dollar amount contained in Minnesota Statutes, Section 471.345, Subd. 3 shall be let only by the City Council upon the recommendation of the City Manager. • The services provided through this Work Order are under the terms of the SEH/City master agreement for engineering/consulting services. Although the Knox Avenue design fee does not require a new contract, it does represent the purchase of design service with a value exceeding $50,000 and, therefore, requires City Council authorization. B. CRITICAL ISSUES • Because of the need to keep the design of this work on track, the need to open 76th Street to traffic in 2001 and coordination of access with OPUS, this work has already been completed and the resulting road way design has been implemented in the construction of Knox Avenue. fY C. FINANCIAL • Engineering fees for this project will be funded primarily by Municipal State Aid (gas tax proceeds) construction funds with additional $10,000 funding supplied by Best Buy, Inc. D. LEGAL • The City Attorney will be available to discuss legal aspects of the City's agreement with SEH. No legal issues are known at this time. IV. ALTERNATIVE RECOMMENDATION(S~ • Council could deny this request for an increased fee, but the work has already been completed and the fee is due SEH. V. ATTACHMENTS • Work Order number 23 which has been executed by the proper representatives of SEH. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None known at this time This is Exhibit A, consisting of 3 pages, referred to in the Agreement between OWNER and ENGINEER for Professional Services. Initials: OWNER ENGINEER _ Work Order Form WORK ORDER N0.23 Authorization to proceed and site-speck scope of services Project: 76`x' Street Widening west of Penn Avenue to I-35W Location: City of Richfield We transmit the following information for your use: Attached letter request for work order (dated November 12, 2001) We hereby authorize you to proceed with the following phases of services for the above-referenced Project and location in accordance with the agreement between OWNER and ENGINEER dated December 28, 1999 Knox Avenue Roadway Design and Plan Preparation Payment shall be on the basis of (select from the following): ^ Cost Plus Fee: Direct Salary Cost times audited overhead plus fee of percent and reimbursable expenses. ^ Cost Plus Fixed Fee: As for Cost Plus Fee, however total Fee shall not exceed ^ Lump Sum: One sum payable by percent of completion of the Services (plus reimbursable expenses). ^ Cost Times a Factor: Direct Salary Cost times a factor of ,plus reimbursable expenses. ® Standard Hourly Billing Rates: Hourly rates plus reimbursable expenses. The Not to Exceed Limit for this Work Order is: $52,878.32 A Construction Cost Limit of is agreed upon between OWNER and ENGINEER for this Project. ENGINEER: Short Ellio dr' s. Signed _ ~~ ~• ~ r Its: Signed: ~~~ Its:..... f /(:o1,e~/ r/`'la~,Gt, Dated: / 1 ~/ 2 ~ol OWNER: CITY OF RICHFIELD Signed: Its: Signed: Dated: =SEN ~_ .1 November 12, 2001 10901 Red Circle Drive, Suite 200, Minnetonka, MN 55343-9301 952.912.2600 architecture engineering enaironmental RE: Richfield, Minnesota 952.912.2601 FAX transportation 76th Street Widening SEH No. A-RICHF0007.00 14.00 Vol. 1 Knox Avenue Roadway Design and Plan Preparation George Atkinson Engineering Supervisor City of Richfield 6700 Portland Avenue Richfield, MN 5423-2560 Dear George: The Environmental Impact Statement (E.I.S.) prepared for the development of the Best Buy site addressed a number of public utility related improvements within Knox Avenue adjacent to the east edge of the site. Within the Best Buy site, there was a 42-inch watermain that was planned to be relocated along the Knox Avenue alignment. In addition, the Besf Buy site would have an adverse impact on the existing surface water drainage patterns. The impact resulted in the development of a large diameter trunk storm sewer that would also be installed within the Knox Avenue alignment. The extent of the utility improvements in Knox Avenue warranted the complete reconstruction of the roadway. The design of the roadway presented some challenges. Opus was requesting substantial grade changes in the north half of the road to provide cover over the top of the trunk storm sewer with the intent to reduce the cost associated with constructing retaining walls. The design of the north half of the new roadway would incorporate medians as well as a second northbound traffic lane at the request of Best Buy. The removal of 78~` Street warranted the design of a cul-de-sac that would serve both the south entrance to the- Best Buy site as well the traffic into the Galyans site. The design and plan preparation for the reconstruction of Knox Avenue was not included in the scope of design services as presented in our proposal dated October 2, 2000. However, this component is an integral piece of the overall improvements surrounding the Best Buy site. The cost for the design and completion of the plans and specifications for Knox Avenue including the amount shown in the previous paragraph for the utility work is $52,878.32. As this work has previously been completed and included with the contract for the 76~' Street, we are requesting. a work order from the City in the amount of $52,878.32 as compensation for the work. We have. prepared a work order form for your approval and signature and attached to this letter for your convenience. We appreciate the opportunity to have been able to assist you and your staff in the completion of this project. We are available at your convenience to discuss the contents of this request with you and attend meetings of .the City Council as necessary. If you have any questions or concerns Short Elliott Hendrickson Inc. Your Trusted Resource Equal Opportunity Employer George Atkinson November 12, 2001 Page 2 regarding this request, please feel free to contact either Mike Foertsch at 952.912.2620 or me at 952.912.2612. Thank you for your consideration of this matter. Sincerely, SHORT ELLIOTT HENDRICKSON INC. ~• / Kevin B. Kawlewski, P.E. Project Manager Attachment c: Mike Eastling, City of Richfield Mike Foertsch, SEH \lntautomp\clerical\civil\projectskichfield4ichfUOTextras requests\workorderreg9.doc J/ J STAFF REPORT AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING .TANUARY 8, 2002 OTHER BUSINESS 17 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER THOMAS FOLEY, TRANSPORTATION ENGINEER NAME. T/TLE MIKE EASTLING, PUBLIC WORKS DIRECTOR ^ . / u NAME, ITEM FOR COUNCIL CONSIDERATION: Consideration of request for driveway improvement for 1920 West 76th Street as part of the 76th Street Widening Project I. RECOMMENDED ACTION: By Motion: Consider a revised policy for driveway improvements for 1912 and 1920 West 76th Street. ~ II. BACKGROUND Mr. Joseph Krzyzaniak, 1920 West 76th Street, would like Council consideration of City staffs decision to replace his driveway with blacktop surfacing. Mr. Krzyzaniak would like his choice of surface materials. City staff recognized that the widening of 76th Street from I-35W to west of Penn Avenue would affect several single-family homes with existing access to 76th Street. The reconstructed street would have a raised median that would prevent these residents from making left-turns into and out of their driveways. City staff recommended installing a turnaround for the single-family parcel at 1920 West 76th Street. The driveway at 1912 West 76th Street, owned by Ms. Elaine Brown, already has a turnaround but the entire driveway is in bad condition and 0108-76Widening needs to be replaced. The City is under no obligation to offer a turnaround. The offer was made to improve safety and access for property owners who have access directly to 76th Street. Joseph Krzyzaniak, owner of 1920 West 76th Street, has insisted that his entire bituminous driveway be replaced with a portland cement concrete driveway at the same time as the turnaround is built. City staff obtained cost estimates using both materials and found that the cost of a bituminous driveway would be $1,954 and for a concrete driveway it would cost $3,027. Both estimates included providing a new turnaround and replacement of the existing driveway. City staff has estimated comparable costs for a similar improvement to the driveway at 1912 West 76th Street, a property owned by Ms. Elaine Brown, because the scope of work is almost identical to that proposed at 1920 West 76th Street. However, City staff believes that Ms. Brown should be offered the same improvement to her property as is offered to her neighbor. III. BASIS OF RECOMMENDATION A. POLICY The proposed driveway turnaround is a safety improvement that will make it easier for the residents to gain access to 76th Street. This is consistent with the City's Comprehensive Plan. • City staff has followed past practice of replacing disturbed driveways "in kind." In the case of 1920 West 76th Street, that would be blacktop. Because of the unique circumstances; e.g., 1) arterial street, 2) increase in traffic, and 3) raised median, the City Council may want to allow the homeowner the choice of surfacing materials. Under this new policy, both properties affected (1912 and 1920 West 76th Street) can then have the choice of surface materials. B. CRITICAL ISSUES Council must decide the extent of improvement that is reasonable for residents affected by a City road project. C. FINANCIAL The additional work for $6,100 may not be eligible for Municipal State Aid Street funds (gas tax revenues). If not, the City would use general revenue funds to pay for the additional work. D. LEGAL The City Attorney will be available to answer questions at the Council meeting. IV. ALTERNATIVE RECOMMENDATION(S~ Council can reject the request for a portland cement concrete driveway. The property owners can then choose to provide the additional funds needed to install a concrete driveway. • Council can elect to not offer a driveway turnaround to the property owners of 1920 West 76th Street. The City is under no obligation to offer a turnaround. The offer was made to improve safety and access for the property owners. V. ATTACHMENTS Map showing the properties at 1920 and 1912 West 76th Street with proposed driveway improvements. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Joseph and Pamela Krzyzaniak, 1920 West 76th Street, Richfield, MN. ~ , ,~ I 30 0 30 l X scale `eet _ _ _ --- -.. ~.: . w .__ _ ___ - . z w RES. #5 - ~ Q ------.__..._.._. _-........_. __._._.__..__.__, _ _ _ _ 1.__.. ~ .' Q ~ TREES TO - -- - TREES TO l BE REMOVED ~=` BE REMOVED "- ~ ~ - - ~ - _.... ._ __ r O __. ; .- .-.._.__-.... -.._-.._ _ ___ _.._,_f .-, ..... y ,.-•. .. '' `^ l ,, , .; - ,.,, ~ TURNAROUND - X ~ '~ ~'_ -' - - - ' `` ADD I T I ON ,' XX ~ ,j t~ X X X X X X X t ' ~ _ X X X X X X ~ it :..- ., . ` ;, ~ ! .~ . . - ~ _, .:..y- EXISTING ACCESS EXISTING 7 6 t h S T ACCESS _ _ r,. ..., _ .-. -._ . = _ : RESIDENT •4/"5 ALTERNATIVE ,~A ~-~ FILE N0. ~~'~ 76TH STREET RECONSTRUCTION RESIDENCE ACCESS ALTERNATIVE ENG1N£ER9AACH(TE[TS~IAMERS RICHh ItI.U, Mrv ~muni\richfie;d\0007\newbase\ALTSA(4>.dgn - C2127/01 J Public Hearing 9 16 STAFF REPORT AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING .TANUARY 8, 2002 !l REPORT PREPARED BY: BETSY CxRISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE REPORT PRESENTER: DAN SCOTT, DIRECTOR OF PUBLIC SAFETY NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ~ 1..--. ~ ~ ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of an ordinance amendment to City Code Section 405 regarding the housing maintenance code; rescind Resolution 9119 of Appendix D; approve the resolution amending Appendix D with new fees added that are linked with the changes in the housing maintenance code; and unanimously approve a resolution that approves the summary ublication of ordinance code Section 405 b title and summa I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the second reading of the attached ordinance amendment to City Code Section 405 regarding the housing maintenance code; rescind Resolution 9119 of Appendix D; approve the attached resolution amending Appendix D with new fees added that are linked with the changes in the housing maintenance code; and unanimously approve the attached resolution that approves the summary publication of ordinance code Section 405 b title and summar . II. BACKGROUND At the November 26, 2001 Worksession, Dan Scott, Director of Public Safety and Julianne Schwietz, Community Apartment Program (C.A.P.) Director, along with 0108 Housing Maintenance Ordinance Mary Tietjen of Kennedy and Graven presented an amended housing maintenance code ordinance for the Council's review and direction. Julianne Schwietz leads and coordinates the work of the members of the City's Livable Communities Team, which represents the areas within Public Safety (Inspections, Health, Police), Fire and Community Development. The Livable Communities Team has a primary goal of problem solving in order to assure that Richfield's multi-residential housing stock is safe, clean and well-maintained. The team has been hard at work over the last 18 months developing along-range plan that is intended to deal with the difficulties staff has encountered in gaining compliance with property owners who do not cooperate with the City. The long- range plan was presented to the City Council on August 14, 2000, and received the support of the City Council. The Livable Communities Team was given direction to proceed on a more detailed development of its various components. The team members decided the two primary objectives to include in the development of this amended ordinance were: 1) A behavioral piece, named "Conduct on licensed premises" (commonly referred to as "three strikes"), which relates to specific violations by an individual tenant(s) such as; possession of drugs, disorderly conduct, alcohol issues, gambling, prostitution, firearm or weapon violations, noise disturbances, etc.; and 2) A provisional license category for a multi-residential property that exceeds the number of behavioral calls for service based on the size of the complex. Public Safety staff has determined that if a multi- residential housing complex exceeds .5 calls per unit that would justify the need for the complex to be put, temporarily, into a provisional license category. The basic premise of the "three strikes" amendment is that owners of multi- residential property have a responsibility to provide safe, clean and well-maintained housing for all tenants. Unfortunately, for a variety of reasons, some tenants cause behavioral problems that affect the remaining law abiding tenants and cause an excessive drain on City services. The property owner is ultimately responsible for tenants who repeatedly cause problems. If a tenant presents problems in the areas described above, the owner/manager of the property has three attempts to try to correct the problem with the individual tenant. The specific strike levels are defined below. If they fail to correct the problem after three attempts, the Public Safety Director will initiate an action to decide if the problem warrants the building being placed into a provisional licensing category, or if the license needs to be denied, revoked, suspended, or not renewed. In the cases other than going to a provisional license, a hearing with the City Council is necessary. First strike - When a licensed premise is used in a disorderly manner (behavioral issues by a specific tenant(s)), the Director of Public Safety will give written notice to the owner of the property and direct them to take steps to prevent further violations. Second strike - If a second instance of disorderly conduct (behavioral issues by that same tenant(s)) occurs within three months of an incident in which a first notice was given, the Director of Public Safety will give a second written notice to the owner of the property. The owner(s) will be required to submit a written report of the actions they will take to prevent further disorderly use of the property by the n tenant(s). Third strike - If a third instance of disorderly conduct occurs within three months after any two previous instances of disorderly conduct by the same tenant(s), the Public Safety Director may use his discretion to impose a provisional license. Otherwise, the owner/manager of the property will be required to appear before the City Council for discussion concerning the possible need to deny, revoke, suspend, or not renew the license. There would be a difference in fees depending on whether a property owner qualified for a regular license or if they are in the provisional license category. Calls for service for legitimate reasons (fires, domestics, medicals, etc.) would not be held against a complex in the formula to determine whether they should have a regular license or a provisional license. Fees for a regular rental license are currently $60 per year for an apartment complex, which includes the first four units. Each additional unit in excess of four would have a license fee of $8.50 per additional unit. For example, a 200-unit complex would pay a regular license fee of $1,726 for all of its units. The provisional license fee would pay $160 per year for the first four units and $18 for each additional unit in excess of the first four. That same 200-unit complex could expect fees for a provisional license to be $3,688. These fees are intended to cover the increased cost of fire/police and other City services that are necessary when a building generates. this amount of requests for service. These fees are also reflected in the request to rescind resolution 9119 and amend it by adding new fees that are linked with the changes in the housing maintenance code. Appendix D will also reflect a new re-inspection fee for those multi-residential properties that fail to correct code .violations by the time specified in the notice of violation, or by the expiration of the extension granted by the enforcement officer. These re-inspection fees are intended to cover the cost of the inspector's time for having to be out again at the property, beyond the normal need, as a result of the property owner failing to make corrections within the specified time period. Considerations of time extensions are given to property owners if there are legitimate reasons for compliance not to be completed by the specified time. A total of three inspections could routinely be expected to be conducted without generating a re-inspection fee, but anything after the third inspection would result in that additional cost. A licensee with a provisional license will be eligible to apply for a regular license after police and fire calls are reduced to a level that qualify for a regular license and have been maintained at that level for at least 12 consecutive months. Other requirements of a provisional license would be: 1) A mitigation plan must be submitted for Council review that should describe the steps proposed by the licensee to reduce the number of police and fire calls to a level that qualifies for a regular license; and, 2) The licensee must provide and maintain at least one resident manager or on-site manager who is trained and successfully completes the phase one portion of the Crime Free Multi-Housing Program (CFMH) provided by law enforcement. If there is not aCFMH-certified on-site or resident manager, the license may continue in effect after the departure of a certified resident manager, on the condition that a new resident manager or on-site manager registers for and completes the training program within 90 days. All (approximately 460) property managers and owners of multi-residential property in the City, have received three invitations to attend a Richfield Apartment Manager Association (RAMA) meeting at which the ordinance has been discussed and reviewed. Many comments were received and considered by those in attendance at RAMA meetings, and there is a general overall agreement with the ordinance by that group of individuals. Other components of the City's current ordinance have been reviewed and updated in this ordinance amendment. Many of these changes are efforts to clarify specific areas within the ordinance, simplify language, place specific codes in their own section, and merge all related sections into one area of the ordinance book. First reading of the ordinance occurred on December 10, 2001. The notice of public hearing was published in the Richfield Sun Current on December 26, 2001. III. BASIS OF RECOMMENDATION A. POLICY • The passage of this ordinance will be critical in .addressing the non- , compliance issues staff currently has dealt with in multi-residential housing stock as well as also provide a tool for staff to use in dealing with tenant behavioral issues that can affect an entire complex. B. CRITICAL ISSUES • None. C. FINANCIAL • The passage of this ordinance will provide a resource in either re- inspection fees or through provisional license fees to cover the cost of the additional strain on City services as a result of continued non- compliance or tenant behavioral issues. D. LEGAL • Mary Tietjen of Kennedy and Graven has. worked with team members over the last several months on the development of this ordinance and will be present this evening. IV. ALTERNATIVE RECOMMENDATION(S) • No action would result in on-going problems in gaining compliance from uncooperative property owners/managers and would mean that City services ' will not be reimbursed for inspection, etc., beyond the normal number needed to gain compliance. V. ATTACHMENTS ~) City Ordinance 405. • RAMA meeting notices. • Resolution rescinding Resolution 9119 of Appendix D and amending it to add new fees that are linked with the housing maintenance code (Section 405). • Resolution approving summary publication of Ordinance 405 by title and summary. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Julianne Schwietz, Community Apartment Program (CAP) Director • Mary Tietjen, Attorney -Kennedy and Graven • Possibly tenants • Possibly property owners/managers and RAMA members BILL NO. AN ORDINANCE RELATING TO THE HOUSING CODE; AMENDING SECTION 405 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Section 405.00 of the Richfield City Code is amended by adding a subsection to read as follows: 405.00. Purpose and policy. The purpose of this section which will be known as the housing maintenance code is to protect the public health safety and welfare. This section a) sets minimum standards for basic equipment and facilities light ventilation and heating, and minimum space use and location requirements• b) determines the responsibilities of owners, operators and residents of dwellin~s• and c) provides for enforcement and penalties. Section 2. Subsection 405.03 of the Richfield City Code is amended by to read as follows: 405.03. Application of section. This section applies to all dwellings, dwelling units, rooming units, rooming houses, and temporary housing °n~ ^r°m~c°~ located within the city. Section 3. Section 405.00 is amended by adding subsection 405.04 as follows: 405.04. Conflict of provisions. Subdivision 1 Other city code sections. In any case where a provision of this section is found to be in conflict with any other provisions of this code the provision which establishes the higher standard for the promotion and protection of the health and safetYof the people will prevail. Subd 2 Minnesota state statutes Nothing in this section is intended to modify or abrogate the rights of tenants or landlords granted by Minnesota Statutes, chapter 5046 The director of public safety may designate subject to city council approval, administrators to carry out the duties assigned by the court pursuant to said statute. Section 4. Subsection 405.01 of the Richfield City Code is amended to read as follows: 4Aa-9~ 405.05. Definitions. Subdivision 1. The terms defined in this subsection have the meanings given them. Section 5. Subsection 405.01, subdivision 8 of the Richfield City Code is amended to read as follows: \-_" Subd. 8. "Enforcement officer" means the director of public safety.- or the director's designee. Section 6. Subsection 405.01, subdivision 12 of the Richfield City Code is amended to read as follows: Subd. x.11. "Operator" means any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are fet. Section 7. Subsection 405.01, subdivision 13 of the Richfield City Code is deleted in its entirety. Section 8. Subsection 405.01, subdivision 14 of the Richfield City Code is amended to read as follows: Subd. a-4 12. "Owner" means any person who, alone or jointly or severally with others: (a) has legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or (b) has charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, survivor of the owner, or as executor, executrix, administrator, administratrix, - trustee or guardian of the estate of the owner. Any s person ##as representing the actual owner a is bound ~ the provisions of this use section and by any of rules and regulations adopted under this section ~~ ~r~„~r,+ 4hor~n to the same extent as 'f "„-„~;r the owner. Section 9. Subsection 405.01, subdivisions 15 through 20 of the Richfield City Code are amended to read as follows: Subd. 4~ 13. "Plumbing" means and includes all of the following supplied facilities and equipment: water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bath-tubs, shower baths, installed clothes-washing machines, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to water or sewer lines. Subd. 4~ 14. "8csopa~t" "Resident" means any person over one year of age living, sleeping, cooking or eating in or having actual possession of a dwelling unit or rooming unit. Subd. 46 15. "Rooming unit" means any room or group of rooms forming a single habitable unit used or intended to be used for living or sleeping but not for cooking or eating purposes. Subd. 4~ 16. "Rooming house" means any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator. Subd. ~ 17. "Rubbish" means combustible and noncombustible waste materials, except garbage; and the term includes the residue from the burning of wood, coal, coke, and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery and dust. Subd. a-9 18. "Supplied" means paid for, furnished, or provided by or under the control of the owner or operator. Subd. ~-A 19. "Temporary housing" means any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utility system on the same premises for more than 30 consecutive days. Section 10. Subsection 405.05 of the Richfield City Code is amended to read as follows: 405.07 4A~85. Enforcement. Subdivision 1. Inspections. ^f ~~~~°~~~^^c ~~•~~~~~^^ ~ ~^;+ ~ Generally. The enforcement officer is authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming unitsl rooming houses and temporary housing °^^' ^r°w,:~e~. located within a the city in order to safeguard+ng the health and safety of the ess residents of dwellings and the general public. For the purpose of making such inspections, the enforcement officer may enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units, rooming houses and temporary housing ffrer~ises after obtaining consent from the resident of the premises or after the owner has given the resident reasonable prior notice of the inspection If there is probable cause to believe that an emergency or a serious health and safety issue exists, the enforcement officer may inspect without notice to or consent from the owner manager or resident. ~~ ~ ~ , ~.,~ ~.nrl i~~ nrcrv~inec. ~} .~11 rc~c~nn~hlo ~imcc~ fnr n~ ern o ^~f ~ h inc~r~ ~ir~n ~c.,,a--rco~r~mroc~~~ur~r r-rv~tl~-purp9$c~,~tF6Tr-m~pe6civrrp ,~ Resident to aive access to owner or ooerator. Upon receiving reasonable prior notice, a€very essapar}t resident of a dwelling or dwelling unit must ehafl give the owner thereef, or la+S the owner's agent or employee, access to any part of such dwelling or dwelling unit, or its premises, at all reasonable times for the purpose of making repairs or alterations as are necessary to e#est bring-the dwelling into compliance with the .,,-^.,ic+i^^°~ this section or with any BFI rule or regulation adopted under subdivision 4 of this subsection. ~p,Jjj,p~ ~ ini~~_~~~ ~.~~}imcc fnr rho r~i ~rn^c ^ of mnl~inn c~i ~nQrhT }c~ +ho r~r`+vic~innc• ^~F phi ~~ ~h~on~i^n ~c,~ ? Search warrant. If consent is refused and if there is probable cause to believe a violation exists within the particular structure, a search warrant may be obtained. No warrant is needed for entry where an emergency condition or serious health and safety issue exists and insufficient time is available to obtain a warrant and protect persons or property vaawaau5 u~vu way Yreaiai~ o . ~d,~ Entry under this section is subject to Minnesota Statutes, section 504B.211. Subd.2. Violations. a~Notice. If a violation of this section has occurred. or the enforcement officer has reasonable grounds to believe that a violation has occurred, notice will be given to the licensee, or if there is no license, to the owner, operator, or resident of the premises. Notice of the violation must be in writing and sent by United States mail to the last known address of such person. The mailed notice will give the licensee, owner or operator a specified number of days, up to 30 days to correct the violation. The enforcement officer has the authority to extend the time period to correct a violation if in the discretion of the enforcement officer, good cause has been shown. b~Appeal. A licensee may appeal a determination that a violation of this section exists. The licensee must submit a written request for an appeal to the director of public safety within 10 days after receiving a notice of violation under paragraph (a) A request for an appeal must be based on a claim that the true intent of this section or rule adopted hereunder have been incorrectly interpreted that the provisions of this section _ do not apply, that the requirements of this section are adequately satisfied by other means or that strict application of a requirement under this section would cause undue hardship A hearing will be held within 20 days after the director of public safety receives the written request for an appea{. The director of public safety will act as the hearing official and will consider a{I relevant evidence, documents, and verbal presentations submitted during the hearing by both the licensee and the building official. The director of public safety will issue a written decision to the licensee and the building official within 10 days of the hearing. ( c) Penalty If a notice of violation has been given to the licensee under paragraph (a) and the violation has not been corrected within the number of days specified in the notice the licensee may not let dwelling units then vacant, or which become vacant, until all violations within the same dwelling have been corrected. Subd. 3. Prosecution and reinspection fee. ~ Prosecution for anY violation of this section will not be commenced unless notice under subdivision 2 of this subsection has been mailed and the violation has not been remedied within the time specified to correct the violation or within the time granted under any extension of such period Failure to receive notice is not a defense in any prosecution under this section. A fee as set in appendix D of this code will be charged for all reinspections required because of violations that are not corrected either by the time specified. in the notice of violation or by the expiration of the extension granted by the enforcement ~- officer. Subd. 4. S~d~: Adoption of rules and regulations bY, the enforcement officer. The enforcement officer may make and adopt written rules and regulations as are necessary for the proper enforcement of the provisions of this section provided that the rules and regulations are not in conflict with the provisions of this section, this code or any other applicable law. The enforcement officer sttafl will file a certified copy of the rules and regulations with the city clerk. The rules and regulations s-Fall will have the same force and effect as the provisions of this section, and the penalty for violation thereof will be the same as the penalty for violation of the provisions of this section. Subd. 5. .Approval by council. Prior to the adoption of rules and regulations pursuant to subdivision 4 3, n„h~i^ L+oNr;n~ c~c~~ ~e ho~rJ hof_r_ the bead-e# f}2altkr city council #er-~„e-~r~ ^+~„~-oT°~ must approve the proposed rules or regulations. #ea~~ Section 11. Subsection 405.07 of the Richfield City Code is deleted in its entirely. Section 12. Subsection 405.09, of the Richfield City Code is amended to read as follows: 405.09. Minimum standards for basic equipment and facilities. Subdivision 1. General ' rule. No person may occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking or eating therein, which does not comply with the requirements of this subsectiond+vis+ea. Subd. 2. Kitchen sink. Every dwelling unit s#atl must contain a kitchen sink in good working condition and properly connected to a water and sewer system approved by the enforcement officer. Subd. 3. Flush toilet. Every dwelling unit except as otherwise. permitted under subdivision 5 must contain a room which affords privacy to a person within said room and which is equipped with a flush water closet and a lavatory basin in good working condition and properly connected to a water and sewer system approved by the enforcement officer. Subd. 4. Bath. Every dwelling unit except as otherwise permitted under subdivision 5 shatl must contain, within a room which affords privacy to a person within said room, a bathtub or shower in good working condition and properly connected to a water and sewer system approved by the enforcement officer. Subd. 5. Shared facilities. The es~s~a~ts residents of not more than two dwelling units may share a single flush water closet, a single lavatory basin and a single bathtub or shower if: (a) neither of the two dwelling units contains more than two rooms; provided that, for the purposes of this subdivision, a kitchenette or an efficiency kitchen with not more than 60 square feet of floor area ~Qtt will not be counted as a room; and (b) the habitable area of each of the dwelling units s#afl equals not more than 250 square feet of floor area; and (c) the water closet, lavatory basin and bathtub or shower s#atl must be in good working condition and properly connected to a water and sewer system approved by the enforcement officer. Subd. 6. Connections. Every kitchen sink, lavatory basin and bathtub or shower required under the above provisions must be properly connected with both hot and cold water lines-and in good workingcondition. Subd. 7. Rubbish storage. Every dwelling ~ ~^~t-~haTl must be supplied with adequate rubbish storage facilities, the type and location of which are approved by the enforcement officer. Subd. 8. Garbage disposal. Every dwelling t~ai#-shatl must be supplied with adequate garbage disposal facilities or garbage storage containers, the type and location of which are approved by the enforcement officer. Subd. 9. Water heating. Every dwelling s#af4 must have supplied water-heating facilities which are properly installed, maintained in safe and good working condition, properly connected with the hot water lines required under the provisions of subdivision 6, and capable of heating water to such a temperature as to permit an adequate amount of hot water to be drawn at every required kitchen sink, lavatory basin, bathtub, or shower_ at ' +~+„re „f „„+ ie~~ theme--1-''~~egTees~~~;"ei# The supplied water-heating facilities s#a~l must be capable of meeting the requirements of this subdivision when the dwelling or dwelling unit heating facilities required under subsection 405.11 are not in operation. Subd. 10. E ress. Every dwelling unit s#atl must have safe, unobstructed means of egress leading to safe and open space at ground level, as required by the laws of this state and this code. Section 13. Subsection 405.11 of the Richfield City Code is amended to read as follows: 405.11. Minimum standards for light, ventilation and heating. Subdivision 1. General rule. No person may occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the requirements of this subsection. Subd. 2. Windows, air and light. Every habitable room e#afl must have at least one window or skylight facing directly to the outdoors. The minimum total window glazed area for every habitable room a is eight percent of the floor area of such room. Whenever walls or other portions of structures face a window of any room and the light- obstruction structures are located less than three feet from the window and extend to a level above that of the ceiling of the room, such a window is sl~ll• not be deemed to face directly to the outdoors and s#afl will not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight-type window in the top of such room, the total window area of such skylight s~f must equal at least a-5 fifteen percent of the total floor area of such room. Subd. 3. Windows: specifications. Every habitable room s#atl must have at least one window or skylight which can easily be opened, or other device which will adequately ventilate the room. The total of openable window area in every habitable room s#atl must be equal to at least 45 percent of the minimum window area size or minimum skylight-type window size, as required by subdivision 2, except where there is supplied some other device affording adequate ventilation and approved by the an°T~ enforcement officer. Subd. 4. Bath: windows. Every bathroom and water closet compartment s#al-I must comply with the light and ventilation requirements of habitable rooms contained in subdivisions 1 and 2, except that no window or skylight °"~~ is required in adequately ventilated bathrooms and water closet compartments equipped with a ventilation system which is kept in continuous operation and approved by the enforcement officer. Subd. 5. Electrical outlets. Where there is electric service available from power lines which are not more than 300 feet away from a dwelling, every habitable room of such dwelling s~-a4t must contain at least two separate floor or wall-type electric convenience outlets, or one such convenience outlet and one supplied ceiling-type electric light fixture fin; and every water closet compartment, bathroom, laundry room, furnace room, and public hall elf must contain at least one supplied ceiling or wall-type electric light fixture. Every outlet and fixture s must be properly installed, a maintained in good and safe working condition, and s-f~e connected to the source of electric power in a safe manner. Subd. 6. Heating. Every dwelling s#atl must have heating facilities which are properly installed, are maintained in safe and good working condition, and are capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit located therein to a temperature of at least 70 degrees Fahrenheit, at a distance three feet above floor level, ~ ~^~or ^r~;^~^~ rv"r`im~ ~m ~nrin4 , eead+tten_s. Subd. 7. Stairways: lights. Every public hall and stairway in every multiple dwelling containing five or more dwelling units s#atl must be adequately lighted at all times. Every public hall and stairway in structures devoted solely to dwelling occupancy and containing not more than four dwelling units may be supplied with conveniently located light switches, controlling an adequate lighting system which may be turned on when needed, instead of full-time lighting. Subd. 8. Insects: screening. Eevery window or other device with openings directly from a dwelling unit to outdoor space or used or intended to be used for ventilation s must be supplied with screens, This subdivision applies only to apartment houses and rental homes. aed i Subd. 9. Basements: screens. Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents, insects or other pests, ehafl must be supplied with a screen or such other device as will effectively prevent their entrance. Section 14. Subsection 405.13 of the Richfield City Code is amended to read as follows: 405.13. Minimum standards for Q°^°r.,I rcM~iircmon+c rein+.n., +„ +ho safe and sanitary .~ maintenance of parts of dwellings and dwelling units. Subdivision 1. General rule. It is unlawful to occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the requirements of this subsection: Subd. 2. Structure. Foundations, floors, walls, ceilings .and roofs must be reasonably weathertight, watertight and rodent proof; s~afl-fae capable of affording privacy; and sbaN-be kept in good repair.- and sound working condition. Subd. 3. Windows, entries. Windows, exterior doors and basement hatchways s-k~al•I must be reasonably weathertight, watertight and rodent proof; and shah-be kept in sound working condition and good repair. Subd. 4. Exterior structures. Inside and outside stairs, porches and appurtenances thereto must be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon; and sftatl~e kept in sound condition and good repair. ~ Subd. 5. Plumbing fixtures. Plumbing fixtures and water and waste pipes s~ must be '- ? properly installed and maintained in good sanitary working condition, free from defects, leaks and obstructions.- and in good repair. Subd. 6. Water closets, floor surfaces. Water closet compartment floor surfaces and bathroom floor surfaces shafl must be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.- and in good repair. Subd. 7. Supply facilities. Supplied facilities, pieces of equipment or utilities which are required under this subsection sl~al•I must be so constructed or installed that they function safely and effectively, and e#a~-be maintained in satisfactory working condition. Subd. 8. Discontinued or removed facilities. No owner, operator, or ess+~a~t resident may cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued from any occupied dwelling let or occupied by that person, °~^on+ fnr ~ A temporary interruption ^c `''''°~~ "° is permissible if it is necessary w^hi~lea~ctual repairs or alterations are in process, or during temporary emergencies, ~w,hCY~-~t'Jvnn~in~ i•+nne of c~cnri~~r •+nnrn~iciJ h~. +h onfnrne,,,en+ nff;nor. If the supply of heat is interrupted for more than 24 consecutive hours during the month of November December January, February, or March, the property owner operator or resident must provide an alternative heat source for the unit. `~ .%' chair ar.~r~+nna Section 15. Subsection 405.15 of the Richfield City Code is amended to read as follows: 405.15. Minimum space, use and {ocation requirements. General rule. No person may occupy or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein, which does not comply with the following requirements: (a) every dwelling unit s must contain at least 150 square feet of floor space for the first essapa+~t resident thereof and at least 100 additional square feet of floor space to be calculated on the basis of total habitable room area; (b) in every dwelling unit of two or more rooms, every room intended as a bedroom for one es resident must contain at least 70 square feet of floor space, and every room intended as a bedroom essu for more than one ess~at~ shall resident must contain at least 50 square feet of floor space for each essupaet resident thereof; (c) no dwelling or dwelling unit containing two or more sleeping rooms shall may have such room arrangements that access to a bathroom or water closet compartment intended for use by es~#s residents of more than one sleeping room can be had only by going through another sleeping room; nor sly will room arrangements be such that access to a sleeping room can be had only by going through another sleeping room or a bathroom or water closet compartment; (d) at least one-half of the floor area of every habitable room shall must have a ceiling height of at least seven feet; and the floor area of that part of any room where the ceiling height is less than five feet s#a~l will not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof; and (e) no basement space s~aal may be used as a habitable room or dwelling unit unless: (1) the floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness; (2) the total window area in each room is equal to at least the minimum window area sizes as required in subsection 405.11; and (3} the total of openable window area in each room is equal to at least the minimum as required under subsection 405.11, except where there is supplied some other device affording adequate ventilation and approved by the enforcement officer. Section 16. Subsection 405.17 of the Richfield City Code is amended to read as follows: 405.17. Responsibilities of owners and sssuean~s residents. (a) The owner of a dwelling containing two or more dwelling units is responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof. (b) The es~paet resident of a dwelling or dwelling unit smolt must keep in a clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof occupied and controlled by the ess~a~t resident. (c) The essopaf}~resident of a dwelling or dwelling unit s must dispose of all #+s rubbish and organic waste in a clean and sanitary manner by placing it in the garbage disposal facilities or garbage storage containers required by subsection 405.09, subdivision 8. (d> , I+ i +h° r°c~nnr+~.ihili+.t i+f t The . . owner to must supply s aarbage disposal facilities or garbage storage containers for all dwelling units in a dwelling containing more than four dwelling units and for all dwelling units located on premises where more than four dwelling units share the same premises. In all other cases it is the responsibility of the essuffa~t resident to furnish facilities or containers. (e) The ~t resident of a dwelling or dwelling unit is responsible for hanging atl screens and double or storm doors and windows whenever the same are required under t#+~~rien--e# this section or under of any rule or regulation adopted under this section ,except where the owner has agreed to supply the service. (f) The essu~aet resident of a dwelling containing a single dwelling unit is responsible for the extermination of any insects, rodents, or other pests +"°Y„~~ on the premises, ; -- ' In every other case,. extermination is the responsibility of the owner. ~^~hcnc„er infoe+n+inn ovie+c in fiein nr ,v,nro of +h° rl,e,°Ilin~ ~/1 GI IV M '~-- ~ This _, paragraph does not prohibit the owner from charging the resident of the dwelling unit if the owner deems the resident responsible for the infestation. (g) The essupae~resident of a dwelling unit must keep all plumbing fixtures #t-iere+r-~ in a clean and sanitary condition and ~h~" h° r°c r+nne.ihl° fnr +h° must exercise of reasonable care in their proper use and operation t~e~ee#. Section 17. Subsection 405.21 of the- Richfield City Code is amended to read as follows: 4A~1- 405.19 Security devices. Subdivision 1. Purpose. The purpose of this subsection is to require security devices in ser~a~ie buildings throughout the city as a safety, burglary and theft prevention measure. Subd. 2. Definitions. A "dead bolt lock" means a locking bolt which, when in the locked position, can only be moved positively by turning a knob, handle, key, sliding bolt, or mechanism activated by working a combination. A lock bolt moved by a skeleton-type key is excluded from this definition. Subd. 3. Locks required: fat~r° h~ ~~. Dead bolt locks sl~atl must be installed on all buildingsw~t~ei°~d-after '~-~y ~~~ Q7, ~•~"i^"L~° designed for occupancy as living -- quarters ar •+e. hi ~~ir~°~c nr inr1~ ~~+ri~±l °c+.~hlic hm°n+c, Subd. 4. Locks required: certain existing buildings. By January 1, 1973 dead bolt locks shall be installed on (l)each multiple residence unit; (ii) each hotel or motel rental unit; (iii)each nursing home, home for the elderly, patient care home, boarding house or other, similar establishment where living quarters are provided; (iv)within any of the foregoing establishments, each unit which is designed for occupancy as an independent living unit. This requirement does not apply to one-family dwelling structures in existence on July 1, 1972. Subd. 5. Place of installation. Dead bolt locks required to be installed under the provisions of this subsection s#atl must be installed on all entrance doors to the particular unit or building involved. Where there is a double door at an entrance, one of which is a storm door, the dead bolt lock s must be installed on the year-round door rather than the storm door. Subd. 6. Persons responsible. ~h.,~i h° +h~+ of + The owner and the manager,- operator or agent in charge of any building or structure ~ . is responsible for compliance with this subsection. Subd. 7. Security enforcement. The enforcement officer is authorized and directed to ~~ administer and enforce the provisions of this subsection-kle and may disapprove dead bolt locking devices that do not meet the requirements of this subsection. „ ~~ Section 18. Subsection 405.19 of the Richfield City Code is amended to read as follows: Section 406 - Roomina houses 4A~-1-~ 406.01. Rooming houses. Subdivision 1. General rule. No person may operate a rooming house or occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with the provisions of this s~section. Subd. 2. Permit required. No person may operate a rooming house without a valid rooming house permit issued by the enforcement officer in the name of the operator and for the specific dwelling or dwelling unit. The operator s#af4 must apply to the enforcement officer for the permit, which s will be issued by the enforcement officer upon compliance by the operator with the applicable provisions of this s~section and of any rules and regulations adopted pursuant thereto. This permit s#at4 must be displayed in a conspicuous place within the rooming house at all times. #e-p Permits sk~a~N-fie are not transferable. Every person holding a permit must give notice in writing to the enforcement officer within 24 hours after being sold, transferred, given away, or otherwise disposed of ownership of, interest in or control of any rooming house. The notice sit must include the name and address of the person succeeding to the ownership or control of the rooming house. Every rooming house permit s#atl expires at the end of one year following its date of issuance, unless sooner suspended or revoked as hereinafter provided. Subd. 3. Appeal of denial of permit. A person whose application for a permit to operate a rooming house has been denied may appeal the denial. A written notice of appeal must be filed with the director of public safety within ten days of the denial of the permit. If a notice is not filed with the director of public safety within ten days of the denial, the council has the discretion to accept or reject the appeal. Appeals under this section will be heard by the city council. At a hearing under this section, the enforcement officer and the applicant may present evidence including witness testimony, relevant to the permit denial c~6cr~o. +ho nr^^ h" ~o^+~ .The council may affirm or reverse the permit denial or issue conditions which must be met before a permit will be issued. Subd. 4. Notice of violation. Whenever upon inspection of any rooming house the enforcement officer finds that conditions or practices exist which are in violation of any provision of this section or of any rule or regulation adopted pursuant thereto, the enforcement officer will give notice in writing to the operator of such rooming house that unless the conditions or practices are corrected within a reasonable period, to be determined by the enforcement officer, the operator's rooming house permit will be suspended. At the end of the period the enforcement officer s#atI will reinspect the rooming house, and if "° fi^,~° +"^+ the conditions or practices have not been corrected, fie notice s will be given eetise in writing to the operator that the tatter's permit has been suspended. Upon receipt of notice of suspension, the operator s#atl must immediately cease operation of such rooming house, and no person may occupy for sleeping or living purposes any rooming unit therein. Subd. 5. Appeal of suspension of permit. A person whose permit to operate a rooming house has been suspended, or who has received notice from the h°,I+h nffin°r enforcement officer that fi+s the permit is to be suspended unless existing conditions or practices at Ja+s the rooming house are corrected ,may h°^rinn nn ~+}°r hc~fnr° +h° °nfnrn°m°n+ nffin°r nr +h°ir rJ°ci n°° imrl°r +h t~r~} TCC~r-vc~vr~. vc~--v~r-crn~r-ac~rrcc~rr-rcr~--cne 0 e . appeal the suspension. The appeal will be made in the manner provided in subdivision 3 of this subsection Subd. 6. Bathroom requirements. At least one flush water closet, lavatory basin, and bathtub or shower, properly connected to a water and sewer system approved by the enforcement officer and in good working condition, a must be supplied for each eight persons residing within a rooming house, including members of the operator's family wherever they share the use of said facilities; provided that in a rooming house where rooms are let only to males, flush urinals may be substituted for not more than one-half the required number of water closets. The facilities s#afl must be se located within the dwelling as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities.. Every lavatory basin and bathtub or shower s#atl must be supplied with hot water at all times. No facilities s may be located in a basement except by written approval of the enforcement officer. h°rlrJinrr in ~ nl°~n ^nr1 c•+ni~rv~•+nn°r .............fir-oT~rrr-c~'rt~-~ti ~~CrrrrTC~- Subd. 7 ~. Sleeping room floor space. Every room intended as a bedroom for ess~ied #o:" c!ecp!^y porn, Poces~ one person must contain at least 70 square feet of floor space, and every room intended as a bedroom for more than one person el~t must contain at least 50 square feet of floor space for each esst~pa~t resident. Subd. 8 ~. Egress requirement. Every room unit s#atl must have a safe, unobstructed means of egress leading to safe and open space at ground level, as required by the _, laws of this state and this city. ~_ ' Subd. 9 a-A. Maintenance. The operator of a rooming house ~atl-be is responsible for the sanitary maintenance of all walls, floors1 a~ ceilings, doors and windows and for maintenance of a sanitary condition in every other part of the rooming house; and fie ~h.+ll h° f~ ~.+h°r is responsible for the sanitary maintenance of the entire premises where the entire structure or building is leased or occupied by the operator. A~l~ 74 rnnflin+ of r+rnvicinnc• In •+nu n.+c° ~Arh°r° ~ nrn~~ic•inn of +hic cnn~inn i° Fnnnrl fn Section 19. Subsection 405.25 of the Richfield City Code is amended by adding a new section to read as follows: Section 407 -Inspection and licensing of apartment houses and rental houses 407.00. Pur ose. It is the purpose of this section to assure that rental housing in the city is decent. safe and sanitary and is so operated and maintained as not to become a nuisance to the neighborhood or to become an influence that fosters blight and deterioration or creates a disincentive to reinvestment in the community. The operation of rental residential properties is a business enterprise that entails certain responsibilities Operators are responsible to take such reasonable steps as are -~ necessary to assure that the citizens of the city who occupy such units may pursue the guiet enioyment of the normal activities of life in surroundings that are: safe, secure and sanitary' free from noise nuisances or annoyances• and free from unreasonable fears about safety of persons and security of property.. Section 20. Subsection 405.23 of the Richfield City Code is deleted in its entirety. Section 21. Subsection 405.25 of the Richfield City Code is amended to read as follows: 407.03. 4A~. ;~ n°n+inn ~+nrl lin°n~inn of •+n~+r~rv+°n+ hni ~c°c ~nrl r°n+~l hc~.,•,°c• N i~ie~: Definitions. For the purposes of this s~section the terms defined herein have the following meanings: (a) "Apartment house" means a building containing three or more dwelling units. (b) "Apartment", "apartment unit" or "dwelling unit" means a room or group of rooms located within a building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by persons other than the owner. (c) "Rental home" means a one ortwo-family dwelling which is occupied by persons other than the owner. (d) "Family" means one or more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house. The term "family" does not include a group of individuals, exceeding three in number, not related by blood, marriage or adoption. The term "family" includes necessary employees. (e) "Housing maintenance code" means subsections 405.01 through 405.19 of this code sedgy and s also means all other codes and regulations of the city pertaining to the occupancy and habitability of the licensed premises. (f) All other definitions contained in subsection 405.01, subdivisions I-~9 19 are incorporated in this section by reference and made a part hereof. (g) "Owner" means, with respect to all matters involving the making of applications and the giving of notices, the individuals or entities holding legal and equitable title to the premises, or the legally constituted agent designated by the owner for such purposes. 407.05. ~bd-~ License reauired. fa} ~°^°r~' °~ ~'°. It is unlawful for any person who is an owner of an apartment house or an owner of a rental home to operate such apartment house or rental home without first having obtained a license under the provisions of this section. There are two types of licenses: regular and provisional.. Provisional licenses are defined in subsection 407.13. All references to licenses in this section are references to regular licenses, unless otherwise stated. en•+rFrv+°n~ hn~~~°c ~nr! r°n4~1 hnro /h\ Cvn°n+i °c_ ~~ihin h ~+r° °vic~inn nnrl in ~~ vr r cw v v f n,, 7 ~ ~ mi~4°r~l ~n the ~ho 6}~ - ~ f f u ° ° h h 1 ~~ r ~ -- ~ - n in C~~'v~aflV'e~ ~ - uc -_ - y- ~t ~--i -r~-$- ~e~-.5 r ~rrr rr . ~ r rv v i r rr v . , 407.07. :-~. Licensing procedure. °r 'I 'I ~ /~\ a nnli~ ~+~h B c ~ Qn ~h° n~ein°~n~~n ~nnr~w+~nt hni ~~° ~ Fer~-iFW-Fefi-1~I.a e` T , > > ^v~--~ef~tal hnrr,° /en,~°.J Qill Aln loan_~\ Subdivision 1. ~} Application: contents. a Re ular licenses. The application s#afl must contain the following information tags .- ,•,;+" °„^" and any other information as that the director of public safety may require to assess compliance with the housing maintenance code and this subsection: the names. addresses and telephone numbers of the individuals responsible for the maintenance and management of the premises (b) Provisional licenses. An application from a licensee in provisional status under section 407.13 must contain the following information and any other information that the director of public safety may require to assess compliance with the housing maintenance code and this section• {~} ~ If the applicant is a partnership, the names and addresses of each partner,-_ {b} ~ If the applicant is a corporation, the names and addresses of the majority shareholder, and the names and addresses of the officers. ~ X3,1 The names, addresses and telephone numbers of individuals responsible for the maintenance and management of the premises. {~} ~ The names, addresses and telephone numbers of the individuals responsible for keeping and maintaining the tenant registers. (5) If the applicant is an owner of multiple dwellin sg_multiple apartment houses or multiple rental homes, the legal address of each dwelling apartment house or rental home owned by the applicant located within the city of Richfield Subd. 2. {3} Issuance of licenses. ~ If the director of public safety concludes as a result of the information contained in the application a~ or other available information °~, that an apartment house or rental home appears to comply with requirements of the housing maintenance code and this s~+bsection, the director of public safety s~afl will issue the license. If the director of public safety concludes as a result of the information contained in the application a~ or other available information safefy, -that an apartment house .-or rental home appears not to be in compliance with the housing maintenance code and this subsection the director of public safety s#al•I will order an ~""'~'mm,e'a;ztte inspection to determine compliance. The licensee or applicant must notify the residents of the apartment house or rental home of the inspection and must permit the director of public safety to enter upon the premises for the purpose of conducting the inspection to verify compliance with the housing maintenance code If the ~mn„r„~,;a~~ inspection discloses noncompliance, the applicant will have a 69 ~ designated time periods. to be determined by the director of public safetLr from receipt of notice of noncompliance to correct the defects specified in the notice, but only if the defects do not create an imminent hazard. The director of public safety may +n-~-~s authorize additional time for compliance. ~ From the date that the director has ordered an ~~~,~„ea:~ inspection under paragraph (b), no occupancy of dwelling units then vacant, or which become vacant, is permitted until a license has been issued. Apartment units within an unlicensed apartment house for which a license application has been made and which units are determined, , the director of public safety; to be in compliance with the housing maintenance code may be occupied provided that non-complying units within the apartment house do not create an imminent hazard to the health and safety of persons in occupied units. Such occupancy may continue until a final determination on the granting or denial of the license is taken by the city. Subd 3 Denial suspension revocation, non-renewal. ~a) The council may revoke suspend, deny or decline to renew anv license issued under this section upon anv of the following grounds: (1) false statements on any application or other information or report required by this section to be given by the applicant or licensee. (2) failure to pay any application penalty reinspection or reinstatement fee required either by this section or city council resolution. (3) failure to correct deficiencies noted in notices of violation in the- time specified in the notice. ~4) failure to comply with the provisions of an approved mitigation plan in the case of provisional licenses. (5) anv other violation of this section. (b) Revocation suspension and non-renewal may be brought under either this subsection or under subsection 407.15. (c] Regular licenses will be revoked if at mid term or not renewed if at the end of a term, upon a fording that the premises are only eligible for a provisional license as provided in subsection 407.13, (d) Before a decision to revoke suspend deny or not renew a license is made the council must provide written notice to the applicant or licensee setting forth the alleged grounds for the potential action Before final action to revoke, suspend, deny or not renew a license is taken the applicant or licensee may appeal as set forth in subdivision 4 of this subsection A decision to deny not renew suspend or revoke a license may only be made upon written findings. The council may consider the frequency and seriousness of violations the ease with which such violations could have been cured or avoided and good faith efforts to comply. (e) The council may suspend or revoke a license or not renew a license for part or all of a facili ~fZ Upon a decision to revoke deny or not renew a license no new application from the current owner for the same facility will be accepted for a period of time specified in the council's written decision not exceedin one year. New applications must be accompanied by a reinstatement fee as specified in appendix D of this code in addition to all other fees required by this section. (g) A written decision to revoke suspend deny or not renew a license or application will ~ecify the part or parts of the facility to which it applies Until a license is reissued or reinstated no rental units becoming vacant in such part or parts of the facility_may be relet or occupied Revocation suspension or non-renewal of a license will not excuse the owner from compliance with all terms of this section for as long as any units in the facility are occupied. (h) Failure to comply with all terms of this section during the term of revocation, suspension or non-renewal is a misdemeanor and grounds for extension of the term of revocation suspension or continuation of non-renewal of the license. Subd. 4. {~~-B2eia~: Appeal. In any instance where the director of public safety has deniedr revoked, suspended, or not renewed a licenser the applicant or licensee may appeal the decision to +"° ^~+~ m.,n°~°r "~ iJ°~i„°r~r~~ +n +"e m~n~~°r ~ the city council by delivering to the city clerk a notice of appeal within ten days of receipt by the applicant or licensee of notice of the ~ decision. by the director of public safety. The applicant or licensee will be given an opportunityfor a hearing before the city council. The decision of the city council or any decision by the director of public safety er~ae-ei#~ ~a+~ager which is not appealed in accordance with this paragraph ~2 is deemed a final determination by the city. Subd. 5. S~+b^'. ^. ' ~^°^°°: Renewal: T-~ra~feT. The term of a license granted-under this subsection is January 1 to December 31 ene-~°~am~"rte-d~a=°~-of~~;~e. ~e 6~f~^v2FS-~,- nr.c•° of nnrr+nrn+inn~ The I Licenses Sf--13e are renewed. annually +"+"°~. As a requirement of renewal of a license, the enforcement officer may direct that all dwellings owned by the licensee be inspected to ensure compliance with the housing maintenance code. The licensee must give notice of the annual inspection to all residents of dwellings owned by the licensee. ® Subd. 6. Transfer. A ~e license is transferable upon application to the director of public safety, and payment of the license transfer fee by the prospective owner; cede. The license s#afl terminates if renewal or application for transfer is not made within 30 days a#~ before transfer of ownership of the apartment house or rental home. • , 0 407.09. Obliaations of licensee Subdivision 1 Resort chances in ownershi The licensee must report to the director of public safety any changes in the identity of the owner, including a change in the majority shareholder or shareholders and officers in the case of corporations. The licensee must report a chance in ownership at least 30 days before closing_ Subd. 2. ~~ ~"~+. ~. I i^or,c+e^: Display. Licenses issued under this subsection sal must be displayed on the premises of the apartment house or rental home, wherever feasible and produced upon demand of a prospective tenant; or the director of public safety. er hie. ~~~}"nri~erl ror~ree.en}~+}i.... ~c~ „~i.~}"en~iic~e r~r virl~rJ in }hic+ c~~~"~+e^}i~r~ II Subd. 3. ~bd-~: Tenant register. The licensee must s#afl, as a continuing obligation of its license, maintain a current register of tenants and other persons who have a lawful right to occupancy of apartments within the apartment house or rental home. In its application, the licensee s must designate the person or persons who will have possession of the register; and shaft must promptly notify the director of public safety of any change of the identity, address or telephone numbers of such persons. The register shaft must be available for inspection by the director of public safety, ^r hi^ rtoe,inn~+o at all times. f76~ t -- e~~ °n sc~v~ m° a mh +s~~ a ~,~n,~~~, `~ o ~r,r,Ii~ t bty tti r r ~ c~rr -- , r' ~--FS ~~ c-uF'F'*T '-F~crzanT~~ e s f~B!Ey: Subd. 4. --8- Fees. The fees for licenses required by this subsection, as well as any pena{ties, are in the amounts established in appendix D of this code. ~' 'wee 407.11. Penalty ~h~'. ''''. Q°^,°~'~°°. Any person who violates the provisions of this s+~section or who makes a materially false statement in a license application, is guilty of a misdemeanor. ~i#+e~-t The city may enforce the provisions of this s~section in any court of competent jurisdiction in law or equity. ,-, °°~ Section 22. Subsections 407.13 and 407.15 of the Richfield City Code are added to read as follows: 407.13. Provisional Licenses. Subdvision 1. When reauired.Licensed multiple dwellings that have generated an average of over 5 police or fire calls per dwelling unit in a preceding six month period as specified below are eligible only for provisional licenses. ~a) Police and fire calls that are counted in determining whether a provisional license is required include the following types of calls or events: calls or events listed in subsection 407.15, subdivision 1; calls or events categorized as part one crimes in the Uniform Crime Reporting System including homicide rape robbery, aggravated assault, burglary, theft, auto theft and arson; calls or events categorized by the police department as: miscellaneous juvenile status crimes liquor offenses or curfew violations disfurbing the peace or harassing communications property damage criminal damage to property or trespass; fire alarms as designated by the fire chief; public disturbance or disorderly conduct; loud party or ~ noise complaints; disorderly juveniles; assault in the fifth degree or non-domestic related assaults. The director of public safety will maintain for public inspection a description of the coding system and a fist of the codes and crimes included within each of these categories of caNs or events; The director of public safety has the discretion to count multiple incidents as a single call and to exclude certain incidents in appropriate cases. (b) Calls will not be counted for. purposes of determining whether a provisional license is required where the victim and suspect are "family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, section 5186.01, subdivision 2 (b) and where there is a report of "domestic abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, section 5186.01, subdivision 2 (a). (c) Calls will not be counted for purposes of determining whether a provisional license is required where calls are made as defined in Minnesota Statutes, section 5046.205. ~d) The city will provide by mail to each licensee a monthly report of calls described in subdivision 1 (a) above. fie) A provisional licensee will be eligible to apply for a regular license after police and fire calls are reduced to the level that qualify for a regular license and have been maintained at that level for at least 12 consecutive months. Subd. 2. Mitiaation plan.. a) The applicant for a provisional license must submit for council review a mitigation plan for the license period. The mitigation plan must describe steps proposed by the applicant to reduce the number of police and fire calls described in subdivision 1, paragraph (a) to a level that qualifies for a regular license. The mitigation plan may include, but is not limited to, such steps as: changes in tenant screening procedures, chanaes in lease terms. security measures, rules and regulations for tenant conduct, and security personnel. b) The application with a proposed mitigation plan will be presented to the cit council tog ether with a recommendation by the director of public safety as to the disposition of the plan. After giving the applicant an o pportunity to be heard and present evidence, the council will approve, disapprove, or approve with conditions the application and the mitigation plan. If the council disap proves an application and mitiaation plan or approves it with conditions. it will state its reasons for so doin g in writing. (c) The licensee must comply with the mitiaation plan as approved or modified by the council. No later than the tenth day after each calendar month, the licensee will mail or deliver to the Richfield director of public safety a written report describing all steps taken in furtherance of the mitigation plan during the preceding month Subd. 3. Manager certification. (a) To qualify for a provisional license the applicant must provide and maintain at least one resident manager or on-site manager who is trained under this subsection To qualify for a provisional license, the applicant must also provide the name of at least one responsible party who will be available as a contact 24 hours a day (b) Persons may be trained as a resident manager or on-site manager who successfully completes the phase one portion the Crime Free Multi-Housing Program provided by a certified law enforcement agency. (c) Provisional licenses may be granted to applicants who are not currently providing a certified resident or on-site manager and licenses may continue in effect on the departure of a certified resident manager, on the condition that a resident manager or on-site mana er re ig ster for and complete the training_program within 90 days 407.15. Conduct on licensed premises. Subdivision 1. Disorderly conduct. ~) It is the responsibility of the licensee to see that persons occup~g the licensed premises conduct themselves in such a manner as not to cause the premises to be disorderly or to take reasonable remedial action when disorderly conduct does occur For purposes of this subsection a premises is disorderly at which any of the following activities occur (1) Violation of laws relating to the possession of controlled substances as defined in Minnesota Statutes, section 152.01 subdivision 4. (2) Violation of Minnesota Statutes section 609.72 (disorderly conduct) and section 925.01, subdivision 3 of this code (public nuisances). (3) The unlawful sale of intoxicating liquor or 3 2 percent malt liquor (4) Violation of Minnesota Statutes sections 609 755 and 609 76 (laws relating to amblin (5) Violation of laws relating to prostitution as defined in Minnesota Statutes section 609.321 and acts relating to prostitution. (6) Unlawful use or possession of a firearm or weapon in violation of Minnesota Statutes. sections 609.66, 609.67 624.713 or section 920 of this code (7) Violation of Minnesota Statutes section 609 50 (interference with a peace officer . ~) Violation of Minnesota Statutes section 609 705 (unlawful assembly) (9) Violation of Minnesota Statutes, section 609.71 (riot) 10) Violation of Minnesota Statutes, section 609.713 (terroristic threat). (11) Violation of Minnesota Statutes section 609 715 (presence at unlawful assembly). (12) Violation of the following sections of this code 930 13 (motor vehicles) 930 15 (dogs), 930.19 !horns) 930.21 (radios) and 930 29 (noisy gatherings) Subd. 2. Enforcement and administration. (a) The director of public safety is responsible for enforcement and administration of this section. The director of public safety may delegate authority to take any action authorized under this section. (b) Upon determination by the director of public safety that a licensed premises was used in a disorderly manner as described in subdivision (1) the director of public safety will give notice to the licensee of the violation and direct the licensee to take steps to prevent further violations. (c) If a second instance of disorderly use of the licensed premises occurs within three months of an incident for which a notice in paragraph (b) was given the director of public safety will notify the licensee of the violation and will require the licensee to ~- submit a written report of the actions taken and proposed to be taken by the licensee to prevent further disorderly use of the premises This written report must be submitted to the director of public safety within five days of receipt of the notice of disorderly use of the premises and must detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding three months (d) If a third instance of disorderly use of the licensed premises occurs within three months after any two previous instances of disorderly use for which notices were aiven to the licensee pursuant to this subsection the rental dwelling license for the premises may be denied, revoked suspended or not renewed The director of public safety will initiate an action to deny revoke suspend or not renew a license under this section The director of public safety will give written notice to the licensee of a hearing before the city council to consider such denial revocation suspension or nonrenewal Such written notice will specify all violations of this section and state the date time place and purpose of the hearing. The hearing will be held no less than ten days and no more than 30 days after giving such notice Following the hearina the council may den~r revoke, suspend or decline to renew the license for all or any part or parts of the licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this section (e) After a third instance of disorderly use of the licensed premises as defined in paragraph (d) the director of public safety may place the rental dwelling license into provisional license status under section 407.13. A licensee may request the director of public safety to reconsider the determination to place the license into provisional status if the licensee disputes the occurrence of a third instance of disorderly use of the licensed premises. A request for reconsideration must be submitted m writing to the director of public safety within 10 days after the licensee has received notice that the license will be placed into provisional status. (fl If a licensee brings an eviction action against a resident as a result of disorderly conduct as defined in this section, and the licensee does not prevail in the eviction action, the instance of disorderly conduct will be excluded by the director of public safety for enforcement purposes under this subdivision. fig) For purposes of this subsection, second and third instances of disorderly use will be those which: occur at the same rental unit: or involve residents at the same rental unit; or involve guests or invitees at the same rental unit; or involve guests or invitees of the same resident: or involve the same resident. ~'`~ (h) A license may not be denied, revoked, suspended or not renewed when the ~ J instance of disorderly use of the licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within thirty days of notice given by the licensee to a resident to vacate the premises when the disorderly conduct was by that resident or by other occupants or quests of the resident's unit. An action to deny1 revoke, suspend, or not renew a license based upon violations of this section may be postponed or discontinued at any time if the director of public safety determines that the licensee has taken reasonable and appropriate measures in an attempt to prevent further instances of disorderly use. (i) A determination that the licensed premises have been used in a disorderly manner as described in subdivision 1 will be made upon substantial evidence to support such a determination. It is not necessary that criminal charges be brought in order to support a determination of disorderly use. Dismissal or acquittal of a criminal charge is not a bar to denial, revocation, suspension or non-renewal of a license under this section. (i) All notices given by the city under this section will be personally served on the licensee, sent by registered mail to the licensee's last known address or if neither method of service effects notice by posting on a conspicuous place on the licensed premises. (k) Enforcement actions provided in this section are not exclusive and the city council may take any action with respect to a licensee a resident or the licensed premises as is authorized by this code or state law. Section 23. Subsection 405.26 of the Richfield City Code is amended to read as follows: Section 408 -Certificate of housina maintenance compliance for sinale and two famil homes 408.01 f~.r,i'~~ "^~^°°. Subdivision 1. Certificate required. (a) No single or two-family structure or dwelling unit which is a part of a multiple dwelling located within the city may be voluntarily conveyed for consideration by deed or contract for deed after October 1, 1990, unless the person relinquishing ownership or the agent of such person has first applied for and secured a certificate of housing maintenance compliance. (b) This section s#atl does not apply to any apartment house or rental home licensed under section 49~ 407 of this code, and °"°'~ has no effect upon the provisions of law or other ordinances related to the issuance of building permits. Subd. 2. Application and inspection. ~~. (a) Application for the certificate of housing maintenance compliance s#atl must be executed upon forms provided by the city and accompanied by the initial fee established in appendix D of this code. (b) Upon receipt of a properly executed application the director of public. safety s#atl will cause an inspection to be made of the premises to ensure the structure is in compliance with applicable provisions of subsections 405.01 through 405.19 of this code (the housing maintenance code). Subd. 3. Issuance of certificate. If the structure is in compliance with the requirements of the housing maintenance code, a certificate s#a~ will be issued to the person relinquishing ownership or the agent thereof, stating that the structure has been inspected and is in compliance with the housing maintenance code. During the period of one year following its issuance, a certificate may be accepted by the city in satisfaction of the requirements of this section without the need for a second inspection. Subd. 4. Appeal. ~A determination that the structure is not in compliance with the housing maintenance code may be appealed in the manner provided in section 405.05, subd. 2(b). Subd. 5 4. Occupancy prohibited. The person relinquishing ownership or their designated agent ehafl must obtain the certificate from the city prior to transfer of ownership. The prospective owner sett ~ not occupy the structure prior to issuance ~`' of the certificate, except pursuant to subdivision 56. Subd. 6 ~. Occupancy. A person may be granted permission to occupy a dwelling prior to issuance of the certificate upon the approval of the director of public safety. The approval smolt may be based upon undue hardship or other extraordinary or exceptional circumstances, provided that no such occupancy constitutes an immediate hazard. Approval eft will not be given until the prospective owner or designated agent has filed on forms supplied by the city, a statement of intent to comply with the housing maintenance code. Compliance dates in the statement of intent to comply will be established by the director of public safety. Failure to make the required corrections by the compliance dates c"°" ^^^°*~*~ ~*° is a violation of this code and sit will render void any approval given pursuant to this subdivision. Subd. 7 6. Additional inspections. If following the issuance of a certificate, the city finds by complaint or otherwise that the structure may be maintained in a substandard manner, a new inspection will be required in order to satisfy the requirements of this section. Subd. 8 ~. No warranty by city. By enacting and undertaking to enforce this section neither the city nor its council, agents or employers warrant or guarantee the safety, fitness or suitability of any dwelling in the city, and any representation to the contrary by (~ any person is a misdemeanor. Purchasers or occupants should take whatever steps `` - they deem appropriate to protect their interests, health, safety and welfare prior to purchase or occupancy of the dwelling, without reliance on this certificate. A warning in substantially the foregoing language s will be printed on the face of the certificate. °r~n I~n~ i~ni ~ ~RVr ~h° 6+i4 'I ') ~~'~ rt ~f'~°r c I~ hrr~i~ ~^ ~h° ~ dF9. vr r-r tG ~ ~ ~ a Y . ~ ' e Subd. 9. Remedies. Any person who violates the provisions of this section, or who makes a knowingly false statement in the application, is guilty of a misdemeanor. In addition, the city may enforce the provisions of this section in any court of competent jurisdiction in law or equity. Section 24. 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 8th day of `~ January, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk MDT203817v1 RC145-212 \ J Dear RAMA Member, In September, tt~iE~ f~AMA coalition mE~t to discuss potential chanctes to the Richfield ordinance for Multi-housing. Plow that wc~ have a Di?AFT of these changes, t wuutu like to ii"witB your ii tput ~i it;e ayaii i" RAMA will meet on November 5, at 7:UU in the Corancil Chambers, at City Halt. After we have reviewed the draft, 1 will bring your ideas to the Richfield ~Livabfe Community l-eam. From there, we are scheduled to bring the document before the City Council in Qecember or January. A public hearing is always part cf this process. Please gall mo ~:rith any questions: 651 ?U~ 3~4?. I hope to see you on t~ovember 5. If you would like to see the draft before the meeting, please call me. (It is ?_?_ pages loncd ) Sincerely, :Julianne 5chwietz_, CAP Director Mai{ed: October ?_9, 2C)U1 Dear RAMA Member, fn September and t`lavt.~mtaer, the t~A11AA co<~litic.~n met to discuss - potential changes to the Richfield C~rdir~ance for Multi-t"iousincJ. f~dow ttlat ~nio nave a FiiJAL DRAF-l of ti-~esN changes, I would like to irwite yuui it iput ui ie more time before the City Corincil votes on changes. RAMA will meet on Tuesday, December 11, 2001 at 10:00 A.M, ir! the Gor~nr.,il Cl~ambprs, at City Hall Fr~~m there +n!e arr-~ ~~ch~~d~..iled to bring the document t;efore the City Counri{ cm TuescJay, Jariuaiy U, 2UU2. A public hearing is always part of this process. Please call me with ar7y questions: 65~i%I02-3~a7 If you would like a ropy of the final draft before the meeting, 1 can mail, fax or e-mail copies. Sincerely, Julianne Sch+n!iet~, ~'A.F' Dire~~tnr Mfliled: December 3, 2Ut11 n Lill wgu�zg ILE �v ku, it AM,... ....... . WK 7s, 21. _51 rd q q RESOLUTION NO. RESOLUTION AUTHORIZING THE AMENDMENT OF CERTAIN PROVISIONS OF RESOLUTION 9119 ENTITLED "RESOLUTION ESTABLISHING 2002 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD RESCINDING RESOLUTION NO. 9119 BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: Section 10, added fees as follows: Section 10 -Miscellaneous Fees Type of Permit Section Or License Requiring (3) License for 405 Apartment Houses and Rental Homes Description Fee (h) Re-inspection $81.00 each fee inspection over standard 3 inspections (i) Provisional 1 year $160.00 license for apartment house includes first four units Each additional unit $18.00 in excess of four Adopted by the City Council of the City of Richfield, Minnesota this 8th day of January, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF ORDINANCE NO. BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Richfield has adopted Ordinance No. relating to the maintenance, inspection and licensing of housing; and WHEREAS, Section 3.12 of the Richfield City Charter allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary of Ordinance No. is hereby approved for ofFcial publication: *** SUMMARY PUBLICATION BILL NO. The City Council of the City of Richfield has adopted Ordinance No. The ordinance amends Section 405 of the Richfield City Code. The Ordinance provides a housing maintenance code which sets minimum standards for housing within the City in order to protect the public health, safety and welfare. The ordinance also sets standards for inspection and licensing of rental housing. The full text of Ordinance No. is available for inspection at Richfield City Hall during regular business hours. Passed by the City Council of the -City of Richfield, Minnesota this 8th day of January, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk n 1 ~- STAFF REPORT PUBLIC HEARING 8 15 AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING JANUARY 8, 2002 REPORT PREPARED BY: TOM FOLEY, TRANSPORTATION ENGINEER NAME, TITLE n REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ ~~ ~~ ~-- REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading regarding a transitory ordinance authorizing the conveyance of a remnant parcel to Century Courts Apartments. I. RECOMMENDED ACTION: Conduct continued public hearing and by motion: Continue until the Council meeting on February 12, 2002- the public hearing and second reading of the attached transitory ordinance to authorize the conveyance of a remnant parcel to Century Court Apartments. III. BACKGROUND At the November 26, 2001 Council meeting, Council chose to continue the public hearing to December 10, 2001 related to a transitory ordinance to transfer a remnant parcel to Century Court Apartments. At the December 10, 2001 Council meeting, Council chose to continue the public hearing to January 8, 2002. The changes needed to clarify the need for public right of way along the east side of the 78th Street frontage road require a revision in the Stipulation Agreement with Century Court Apartments. The holidays delayed the completion of the revised Stipulation Agreement. Therefore, staff is recommending that the public hearing 0108PHconvey again be continued to the February 12, 2002 Council meeting so that the issue of public right of way can be resolved. III. BASIS OF RECOMMENDATION A. POLICY • First reading of the proposed transitory ordinance was held and approved on October 22, 2001. • Notice of the November 26, 2001 Public Hearing was published in the Richfield Sun-Current on November 14, 2001. The Open Meeting Law indicates that if a public hearing is continued, with the time and place of the continuance recorded in the minutes, then no further published or mailed notice is necessary. B. CRITICAL ISSUES • The remnant parcel to be transferred to Century Court Apartments is considered to be too small for redevelopment. The City and State of Minnesota have no need for the land. • ,Century Court Apartments donated the land that the Racquet Club used to occupy to the City. The remnant parcel to be transferred by the City is less than the size of the parcel that was donated to the City. • The remnant parcel needs to provide adequate public right of way ~~ along both sides of the realigned 78th Street frontage road. C. FINANCIAL • The City acquired the property using Best Buy Company funds committed to the Penn Avenue Bridge project. D. LEGAL • City attorneys have drafted the proposed transitory ordinance on transferring the land to the Century Court Apartments. IV. ALTERNATIVE RECOMMENDATION(S~ • Postpone approval of the ordinance. According to the City's Stipulation Agreement with Century Court Apartments adopted by the City Council on October 8, 2001, the remnant land should be transferred by December 31, 2001. This deadline will have to be renegotiated with the owners of Century Court Apartments. V. ATTACHMENTS • Proposed transitory ordinance (including map) for remnant parcel to be conveyed to Century Court Apartments. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE SALE TO CENTURY COURT APARTMENTS OF CERTAIN REAL PROPERTY OF THE CITY AT PENN AVENUE SOUTH S.P. N0.2785-328 S.A.P. NO. 27-632-22 CITY PROJECT N0.401-30-521 THE CITY OF RICHFIELD DOES ORDAIN AS FOLLOWS: Section 1. The following property of the City is hereby authorized to be sold to the Century Court Apartments A portion of the southeast 1/4 of-the southeast 1/4 of Section 32, Township 28 Range 24, Hennepin County, Minnesota as shown on the attached map. Section 2. The Mayor and City Manager are authorized and directed to sign all documents ~> necessary to effect the sale contemplated by this ordinance. Passed by the City Council of the City of Richfield this day of , 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk Date of Publication February 27, 2002 (estimated) Effective Date March 29. 2002 CENTURY COURTS PROPERTY MITIGATIVE PARCEL DRAINAGE & UTILITY EASEMENT EXHIBIT 8.0 FT WIDE DRAINAGE & UTILITY EASEMENT --- BOUNDARY OF EASEMENT IS SET 10.0 W LY, NW'LY & N'LY OF CURB LINE CENTUov EXISTING BUILDING i iNil COURT I I 36.04-7 PROPERTY ----------- I II EXISTING BUILDING �gZN S�SE TroMn aw. 700 7w awn SON& IOtiwye- w Mm {V.lT0.0700 Too 4U.3MUM I" BRW, Inc BUILDING T -CURB RADIUS=35.00 --' BACK OF CURB I I z l�), C W 1 � � I I z l�), W 1 � � I Q N C�o _ 10 BOUNDARY OF EASEMENT IS SET 10.0 E -LY, SE -LY & SLY OF CURB LINE I 6�• ---7--If VARIABLE WIDIH DRAINAGE & UTILITY EASEMENT NOMINALLY 8.0 FT WIDE FFr O�k a z 1 INCH = 100 FEET DATE: 12/28/01 33897036 494PEN—EX26.DWG WAL ,:J STAFF REPORT AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING .TANUARY 8, 2002 PUBLIC HEARING BRUCE SYLVESTER, REPORT PREPARED BY: ZONING ADMINISTRATOR NAME, TITLE REPORT PRESENTER: BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR NAME TITLE ACTING DEPARTMENT DIRECTOR REVIEW: ~. ~ : SIGNATURE REVIEWED BY CITY MANAGER: ~. ~~~ _~,_.,~ ~ ~ n ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding the final plat of the Best Buy Campus in the Interchange West area. I. RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Approve a resolution granting final approval of a subdivision for the Best Buy Camaus. II. BACKGROUND Opus Northwest, L.L.C. is requesting approval of a final plat for the Best Buy. Campus, which encompasses the area of the Interchange West Redevelopment Area. The area is bounded by 76th Street on the north, I-494 on the south, Penn Avenue on the west and Knox Avenue on the east. The final plat proposes to divide the area into one lot and 3 outlots. The principal lot will be occupied by the office buildings and parking ramp. The outlots are created to facilitate the future conveyance of these portions of the property to the Minnesota Department of Transportation (MnDOT) for the future widening of Interstate 494. Best Buy Co., Inc. will convey the outlots to the City initially. The outlots will be occupied by surface parking under an agreement between the City and Best Buy Co., Inc., until the City transfers the outlots to MnDOT. 0108-BB-plat.doc III. BASIS OF RECOMMENDATION t~ ~-J A. POLICY • The City's existing lift station on Knox Avenue is kept in the public right-of-way rather than being incorporated into the platted area. • Land necessary for the widening and reconstruction of I-494 is designated in the plat as outlots A, B, and C. • The necessary utility easements are established on the plat, with the exception of a sidewalk easement along 76th Street and along Penn Avenue from 76th Street to the new Best Buy entrance. The county does not allow dedication of sidewalk easements in a plat (as opposed to right of way), and Best Buy has agreed to separately convey that sidewalk easement to the City. B. CRITICAL ISSUES • Best Buy has agreed in its Contract for Redevelopment with the HRA to convey property needed for the widening of I-494 to the City and to donate any proceeds from the conveyance of that property#or use in the Penn Avenue Bridge construction project. • MnDOT and Hennepin County have both been given the state-mandated 30 days to review the proposed final plat and both have approved the plat as proposed. MNDOT has requested that Best Buy deed access restrictions from Lot 1 to existing I-494 and outlots A, B and C. C. FINANCIAL • Approval of the plat will facilitate the transfer of outlots A, B and C and make available additional funds for the Penn Avenue Bridge project D. LEGAL • Notice of the public hearing was published in the Sun Current on December 26, 2001. • The developer must submit an updated title commitment to the City Attorney for review. The existing-title commitment indicates that a registration proceeding is needed to eliminate ancient gaps between parcels. An updated commitment is necessary to determine whether additional existing easements should be vacated. • The City Attorney recommends that the City staff release the signed plat to the developer upon receipt of the deed conveying outlots A, B and C to the City, together with the right of access from Lot 1 to 1-494. • The easements for water main, sanitary sewer and storm sewer shown along the westerly, southerly and easterly perimeters of Lot 1 must be recorded prior to or simultaneously with the recording of the plat. IV. ALTERNATIVE RECOMMENDATION~S~ • Approve the .plat with revisions. • Do not approve the plat. U. ATTACHMENTS ' • Best Buy Campus, Final Plat • Letter from MnDOT • Letter from Hennepin County VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Della Kolpin of Best Buy • George Spevacek of Opus RESOLUTION NO. RESOLUTION GRANTING FINAL APPROVAL OF A SUBDIVISION FOR OPUS NORTHWEST, L.L.C. AND THE BEST BUY CAMPUS WHEREAS, Opus Northwest, L.L.C. ("Applicant") has requested final approval to combine and subdivide several tracts of land located generally east of Penn Avenue, west of Knox Avenue, north of I-494 and south of 76th Street in the City of Richfield; and WHEREAS, the proposed subdivision is to be known as BEST BUY CAMPUS; and WHEREAS, a public hearing on the proposed final plat of BEST BUY CAMPUS on Tuesday, January 8, 2002 at which all interested persons were given the opportunity to be heard; and WHEREAS, the preliminary plat for the BEST BUY CAMPUS was approved by the City Council after a public hearing was held on December 11, 2000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, as follows: 1. The proposed plat of BEST BUY CAMPUS satisfies the requirements of the City's subdivision ordinances. 2. Final approval is granted to the Applicants for the plat of BEST BUY CAMPUS, subject to the following conditions: • The developer shall submit updated title evidence to the City Attorney for review; • The developer shall undertake and process to completion a land registration. proceeding to eliminate various gaps between parcels included in the plat; • The developer shall record the easement instruments for the water main, sanitary sewer, and storm sewer easements shown along the westerly, southerly and easterly-: perimeters of Lot 4 prior to or simultaneously with the recording of the plat; • The developer shall convey to the City for sidewalk purposes a five foot easement along 76th Street; • The city staff shall not release the executed plat to the developer for recording until the City and the developer have closed on the transfer of outlots A, B and C,and the right of access from Lot 1 to I-494 to the City. 3. This Resolution shall be null and void unless within the time limit required by Subsection 500.29, subdivision 3 of the Richfield City Code, the Applicant files the final plat'with the Hennepin County Recorder or Registrar of Titles, as may be appropriate. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of January, 2002. Martin J. 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C/C/ 17..7 .I~~ / a IMN~hplibh fll1/1s1011 Waters EdQO 1500 Wsat County Road 82 Roselle, tVNd 551 T3 December 5, 2001 City of Richfield Attn: as.uc ~ 1 Vcs~r 6700 Portland Avenue Richfield, Minnesota 55423 Dear Ms. Urban: SUByECT: Best Buy Campus Minnesota Department of Transportation Review #PO1-125 NE Quad of I-494 & Penn Ave. Richfield, Hennepin County C.S. 2785 The Minnesota Department of Transportation has rcviewod the Best Buy Campus plat in accordance to State Statute 505.03, subdivision 2, Plats. Plcasc address the following issues prior to further devclopment: • The plat does not adequately identify in place and future I-494 right of way lines. The final plat should identify the right of way by refereacc to the appmpriate plats} and is place monuments. The distances from the centerline and offset dimensions from the centerline to the edge of the plat should also be identified. Please direct questions concerning these issues to Mike Schadegg (651-582--1279) in Mn/DOT's Right of Way section. ^ Please send a copy of the final plat for Mn/DOT review to the following address: JeffHoffstrom -Metro West Surv ~ D Q,r,.e, . MtdDOT eys 2055 N. Lilac prive Golden 'Valley, MN 55422 Phone: (763) 797.3113 Please address all future cotrescpondence for development activity such as plats, site plans, eaviromnental reviews, sad comprehensive plan amendments tA: Paul Czech Mn/DUT -Metro Division Waters Edge 1500 West County Road B-2 Roseville, Minnesota 55113 ' /M equr-i opporturu~y employer -- -- -~--~- •-- wa .wc 1J00 r.ayn,y City of Richfield December 5, 2001 Page 2 MNDOT document submittal guidelines require three (3) complete epics of plats and two (2) copies of other review documents including site pleas. Failure to provide three (3) copies of a plat and/or two (2) copies of other review documcnts will wake. a submittal itlcomplote .and delay Mn/DOT's review and response to development proposals. We appreciate your anticipated cooperation in providing the necessary number of copies. as this will prevent us from having to delay and/or return inoompIote submittals. If you have nay additional questions regacd~ng this review please call me at (651} 582-1378. Sincerely, J fer Chap AICP Senior Planner Cc: Rob Wied / Kenuepia County Surveys Bob Byers / Hennepin County Transportation Planning Stuule Land Surveying Blind copies sent vis GroupWise: Mike Schadegg I Right of Way 7effHoffstrom 1 Golden Valley Surveys Blind copies to be filed: ptwsron Pile / CS 2785 v LGL File /Richfield 0 TOTAL P.03 Hennepin County Transportation Department 1600 Prairie Drive 763-745-7500, Phone Medina, MN 55340-5421 763-478-4000, Fax 763-478-4030,TDD www.co.hennepin.mn.us December 13, 2001 Mr. Bruce Sylvester City of Richfield 6700 Portland Ave. S. Richfield, MN 55423 Re: Proposed Plat -Best Buy Campus CSAH 32, Northeast Quadrant FAI 494 Section 33, Township 28, Range 24 Hennepin County Plat No. 2654 Review and Recommendations Dear Mr. Sylvester: n Minnesota Statutes 505.02, 505.03, and 462.358, Plats and Surveys, require 30 days for ~/ county review of proposed plats abutting county roads.. The Plat Review Committee reviewed the above plat at rts regular meeting on December 4, 2001. The following comment is provided for your consideration. • Since the site and roadway projects are underway, with approved plans, this department has no further comments. Please direct any response to Dave Zetterstrom at 763-745-7643. Sincerely, James N. Grube, P.E. Director Transportation Department JNG:DKZ c. Plat Review Committee - Byers/Johnson/Lindgren/Holtz/Smrcka/Zetterstrom Rob Wied, Hennepin County Surveyor's Office Ben Tellefson, Hennepin County Permits Office n An Equat Opportunity Employer Recycled Paper AGENDA SECTION: PUBLIC HEARING AGENDA ITEM # h REPORT # I ~_, ~ STAFF REPORT CITY COUNCIL MEETING JANUARY 8, 2002 REPORT PREPARED BY: CORRINE THOMSON, CITY ATTORNEY NAME, TITLE REPORT PRESENTER: SAMANTHA ORDUNO, CITY MANAGER NAME, TITLE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of the attached ordinance amending Section 7.13 of the Richfield City Charter to establish a June 30 deadline for the submission of the annual financial re ort. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve second reading of the attached ordinance amending Section 7.13 of the Richfield City Charter to establish a June 30 deadline for the submission of the annual financial report. II. BACKGROUND ,Earlier this year, the City Council asked the Charter Commission to consider amending the City Charter with respect to the date on which the City Manager must submit the annual financial report to the City Council. The City Charter currently requires the financial report to be submitted by April 10. However, audited financial reports are generally not available by that date, which has- resulted in the submission of an unaudited report by the April 10 deadline and an audited financial report no later than June 30. , The City Attorney prepared a proposed ordinance and submitted it to the Charter Commission for consideration. On November 13, 2001, the Charter Commission approved the proposed ordinance and submitted it to the City Council for its consideration. Under the proposed ordinance, the deadline for submission of the financial report would be changed from April 10 to June 30. First reading of the proposed Charter amendment was held on December 10, 2001. Notice of the public hearing on the amendment to the City Charter Section 7.13 was published in the Richfield Sun Current on December 19 and December 26, 2001. III. BASIS OF RECOMMENDATION A. POLICY • The current City Charter requirement sets an unrealistic deadline for the submission of an audited financial report. Compliance with this deadline results in the Council receiving two reports - an unaudited report and an audited report. • The unaudited financial report does not appear to provide added value to the Council's consideration of the City's financial status. B. CRITICAL ISSUES • The current Charter requirement results in duplicative work for the City Council and City staff in presenting and considering an unaudited financial report, without any noticeable value in the unaudited report.. C. FINANCIAL • N/A D. LEGAL ~ The City Attorney prepared the attached ordinance. '~.-! This amendment is being proposed under the procedures at Minnesota Statutes, Section 410.12, Subdivision 7. That statute requires that a public hearing be held on the proposed ordinance, preceded by two weeks' published notice that contains the text of the proposed amendment. • .The ordinance is not effective unless:. (a) it is adopted unanimously and (b) the City does not receive a petition for referendum on the ordinance within 60 days. after publication of the ordinance. • If the proposed ordinance is ultimately approved by less than unanimous vote, the City Council may direct that the ordinance be submitted to the Charter Commission and then the voters in accordance with Minnesota Statutes Section 410.12, Subdivision 5. IV. ALTERNATNE RECOMMENDATION(S) • Do not approve the second reading of the ordinance. In that event, the Charter Commission could require that the Charter amendment be placed on the ballot at an election. I V . ATTACHMENTS I rroposea oramanae. Letter from Charter Commission President Letter from City Attorney ~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~ Copy: Charter Commission President Paul Muilenberg 0108financialrept BILL- NO. (~, AN ORDINANCE RELATING TO CITY GOVERNMENT; AMENDING SECTION 7.13 AND CHAPTER 7 OF THE RICHFIELD CITY CHARTER; AMENDING DEADLINE FOR SUBMISSION OF FINANCIAL REPORT BY CITY MANAGER THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findinc1s; authority. 1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02. The Charter Commission of the City has proposed the adoption of an Amendment to Chapter 7 of the charter and recommended to the City Council that the Amendment be adopted by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of the Act. The form of the Amendment is set out in Section 2.02. 1.03. A public hearing on the Amendment was held on by the City Council after two weeks' published notice containing the text of the Amendment as required by the Act. The notice contained a brief description of the nature and scope of the Amendment. All persons desiring to be heard with reference to the Amendment were heard at the public hearing. 1.04. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendment be adopted. Section. 2 Adoption; effective date; filing. 2.01. The Amendment as proposed by the Charter Commission is adopted. 2.02. The text of the Amendment is as follows: a. Section 7.13 of the City Charter is amended to read as follows: Section 7.13. Accounts and Reports.. The accounts of the City shall- be maintained on an accrual or modified accrual basis in accordance with generally accepted governmental accounting standards and procedures. The City Manager shall submit such reports as will be necessary in order to keep the Council fully informed of the financial condition of the City. Once each year on or before the 4Ath 30th day of June, the City Manager shall submit. a complete financial report of the City for the preceding fiscal year ending December 31, a summary of which shall be published in the official newspaper. The City Manager, under the direction of .the Council, on or before A~r+l-a-9 June 30 of each year, shall prepare at least. one comprehensive public information report of the financial affairs of the City. Said report shall be an informative type, and shall be distributed Citywide. 0108financialrept 2.03. This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the ~_ City Clerk, this ordinance will not be effective until approved by 51 % of the voters voting on the question of its adoption at the special election called by the Council for that purpose. 2.04. On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and the City Clerk's office together with the certificate required by Section 410.11 of the Act. Passed by the City Council of the City of Richfield, Minnesota this 8th day of January, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk 0108financialrept Paul W. Muilenberg 6707 Second Avenge Souffi (612) 866-5960 Richfield; MinnesQta:S_5423 November 20, 2001 The Honorable Martin Kirsch City of Richfield 6700 Portland Avenue South Richfield, MN 55423 Re: Proposed Amendments to Richfield City Charter Dear Mr. Mayor and Council Members: Please find enclosed for the consideration by the Richfield City Council, two proposed amendments to the Richfield City Charter. The Richfield Charter Commission has reviewed both amendments and has voted to approve such amendments in accordance with our bylaws. If you have any questions or comments, please feel free to contact me. Sincerely, RICHFIELD CHARTER COMMISSION ~../ aul W. uilenberg President AGENDA SECTION: AGENDA ITEM # REPORT # ~~ STAFF REPORT CITY COUNCIL MEETING .TANUARY 8, 2002 PUBLIC HEARING 12 REPORT PREPARED BY: CORRINE THOMSON, CITY ATTORNEY REPORT PRESENTER: SAMANTHA ORDUNO, CITY MANAGER Nance Tizzs REVIEWED BY CITY MANAGER: ~,~'~' .~, , ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of the attached ordinance amending Chapter 13 of the Richfield City Charter by adding a new section authorizing administrative fines and penalties. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve second reading of the attached ordinance amending Chapter 13 of the Richfield City Charter by adding a new section authorizing administrative fines and aenalties. III. BACKGROUND ~ Earlier this year, the City Council asked the Charter Commission to consider amending the City Charter to allow the City Council to establish an administrative procedure and penalties for violations of City ordinances. The Council's request was based in part upon the satisfaction reported by other cities in the State, including the cities of Minnetonka and Bloomington, that have established administrative penalty systems. The use of administrative penalties provides the City with a means of enforcing City Code violations, in addition to the issuance of a criminal citation or the initiation of a civil lawsuit. The City Attorney prepared a proposed ordinance and submitted it to the Charter Commission for consideration. On November 13, 2001, the Charter Commission approved the proposed ordinance and submitted it to the City Council for its consideration. 0108adminfines The proposed ordinance would add a new Section 13.13 to the City Charter. The ^ Charter amendment would enable the City Council to adopt an ordinance that would establish procedures for imposing administrative penalties against person(s) who violate specified provisions of the City Code. The ordinance could also provide for the assessment of unpaid administrative fines against the property that related to the code violation for which the penalty was imposed. The specific provisions of an administrative penalty procedure will be set out in an ordinance that the City staff will prepare and present to the Council for future consideration. Adoption of this ordinance will only amend the Charter to provide authority for the future adoption of such an ordinance. First reading of the proposed Charter amendment was held on December 10, 2001. Notice of the public hearing on the amendment to the City Charter Section 13.13 was published in the Richfield Sun Current on December 19 and December 26, 2001. III. BASIS OF RECOMMENDATION A. POLICY • The addition of an administrative penalty procedure increases the City's tools for obtaining code compliance. • Under an administrative penalty system, property owners appear before a hearing officer at City Hall rather than a judge in the criminal courts, which both de-criminalizes the violation and requires the property owner to respond directly to the City instead of responding indirectly through the court system. • The administrative hearing process is less formal and less intimidating than the criminal or civil judicial system, which enables both the City and the violator to focus on resolution of the violation. • The use of an administrative hearing procedure reduces the City's criminal caseload, enabling the City's prosecutor and the court system to focus their efforts on crimes that have greater or more immediate impact on public safety. • The criminal justice system does not always provide an effective remedy for code violations, where the City's ultimate objective is code compliance rather than a fine or imprisonment of the violator. The use of administrative hearings is better suited to achieving code. compliance, because it requires the violator to respond directly to the City on noncompliance issues. B. .CRITICAL ISSUES • The use of criminal citations has not been an effective and efficient means of obtaining code compliance in every instance. • The use of civil lawsuits to obtain code compliance is most effective in obtaining code compliance, but it involves significantly greater costs and lengthier delays than does the criminal justice system. • The use of administrative hearings provides a third tool for achieving code compliance, with limited costs and delays. C. FINANCIAL • Fines collected through an administrative penalty system belong entirely to the City, in contrast to fines collected through the criminal judicial system, which are divided between the county and City. • The administrative hearing procedure is less costly than a civil lawsuit. D. LEGAL • The City Attorney recommends that the City Charter be amended to authorize the establishment of an administrative hearing procedure, before the City Council adopts such a procedure. • The City Attorney prepared the attached ordinance and will be available at the Council meeting to respond to questions. • This amendment is being proposed under the procedures of Minnesota Statutes, Section 410.12, Subdivision 7. That statute requires that a public hearing be held on the proposed ordinance, preceded by two weeks' published notice that contains the text of the proposed amendment. • The ordinance is not effective unless: (a) it is adopted unanimously and (b) the City does not receive a petition for referendum on the ordinance within 60 days after publication of the ordinance. If the proposed ordinance is ultimately approved by less than unanimous vote, the City Council may direct that the ordinance be submitted to the Charter Commission and then the voters in accordance with Minnesota Statutes Section 410.12, Subdivision 5. IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve the second reading of the ordinance.. In that event, the Charter Commission could require that the Charter amendment be placed on the ballot at an election. V. .ATTACHMENTS • Proposed ordinance. • Letter from Charter Commission President • Letter from City Attorney VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. Copy: Paul Muilenberg, Charter Commission President BILL NO. AN ORDINANCE RELATING TO CITY GOVERNMENT; AMENDING CHAPTER 13 OF THE RICHFIELD CITY CHARTER; ADDING A NEW SECTION REGARDING ADMINISTRATIVE FINES AND PENALTIES THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings; authority 1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02. The Charter Commission of the City has proposed the adoption of an Amendment adding a New Section to Chapter 13 of the charter and recommended to the City Council that the New Section be adopted by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of the Act. The form of the Amendment is set out in Section 2.02. 1.03. A public hearing on the Amendment was held on by the City Council after two weeks' published notice containing the text of the Amendment as required by the Act. The notice contained a brief description of the nature and scope of the Amendment. All persons desiring to be heard with reference to the Amendment were heard at the public hearing. 1.04. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendment be adopted. Section. 2 Adoption; effective date; filing_ 2.01. The Amendment as proposed by the Charter Commission is adopted. 2.02. Anew section 13.13 is added to the Richfield City Charter; the text of the Amendment is as follows: a. Section 13.13. Fines and Penalties. b. Subdivision 1. The council may establish by ordinance a procedure for imposing an administrative penalty for any violation of the City Code or a City ordinance. The procedure must provide that any person charged with an administrative penalty will receive notices of violations and an opportunity to be heard by a neutral party, which may be the city council. The procedure may authorize the City to use the services of a non-City employee to decide whether an administrative penalty should be imposed. c. Subdivision 2 ordi administrative penalties be collected as a special assessment against property which was the subject matter, or related to the subject matter, of the penalty or against the property which was the location of an activity, proposed use • delivery of City service, or other circumstances that resulted in the penalty The ordinance must provide that the City will first attempt to obtain voluntary payment of the penalty. The ordinance must also provide that notice and an opportunity to be heard will be given to the property owner listed on the official tax records before the penalty is assessed. 2.03. This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by 51 % of the voters voting on the question of its adoption at the special election called by the Council for that purpose. 2.04. On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and the City Clerk's office together with the certificate. required by Section 410.11 of the Act. Passed by the City Council of the City of Richfield, Minnesota this 8th day of January, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk Paul W. Nluilenber~ 6707 Second Avenue South (612) 866-5960 Richfield; MinnegQta 55.423 _._ _.____r._.___ . November 20, 2001 The Honorable Martin Kirsch City of Richfield 6700 Portland Avenue South Richfield, MN 55423 Re: Proposed Amendments to Richfield City Charter Dear Mr. Mayor and Council Members: Please find enclosed for the consideration by the Richfield City Council, two proposed amendments to the Richfield City Charter. The Richfield Charter Commission has reviewed both amendments and has voted to approve such amendments in accordance with our bylaws. If you have any questions or comments, please feel free to contact me. Sincerely, RICHFIELD CHARTER COMMISSION ~/ aul W. uilenberg President K~'I1I1~~d~~ ~7I-~1~~~'I1 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (G12) 337-9300 tclephone (Gl2) 337-9310 fax http://www kennedy-graven.com CORRIIVE H. TBOMSON Aoanryatiaw Dinxt Dial (612) 337A217 Ennil: October 5, 2001 Paul Muilenberg Richfield Charter Commission 6707 Second Avenue Richfield, MN 55423 RE: Proposed Charter Amendments Dear Paul: This follows our meeting recently regarding possible amendments to the Richfield City Charter. Enclosed are two amendments that the city council has asked the Charter Commission to consider. The first concerns an amendment to section 7.13 of the City Charter. The charter currently requires a financial report to be submitted to the city council no later than April 10. Because an audited report is never available by the April 10 deadline, for the past several years the staff has presented an unaudited report to the council prior to April 10, followed by presentation of an audited report at a later date. Because the first report is unaudited, it has limited usefulness to the council, and the council asked that the date be revised to later date. A proposed form of amendment is enclosed for the commission's consideration. The second amendment would add a new provision to the charter, authorizing the city to establish administrative penalties for violations of city ordinances. Several cities have adopted similaz amendments to their charters, including the Cities of Minnetonka, Bloomington, and Brooklyn Pazk, among others. Instituting an administrative penalty system has various advantages, including: 1. It de-criminalizes the violation of the city ordinances. Offenders aze not required to appear at Hennepin District Court to respond to a criminal citation before a judge, but are able to appear at city hall to have their matter heard by a hearing officer. The process is less intimidating and stigmatizing. CAH-203977.1 RCI~S-17 Paul Muilenberg ~~ ` October 5, 2001 Page 2 of 2 2. Matters aze handled with the time and attention that they deserve. The county courts have crowded dockets, where zoning ordinance violations pale in comparison to more serious crimes before the court. While the courts understandably place a higher priority on violent crimes, ordinance violations are important matters to those who aze directly impacted by them. The administrative hearing officer's attention is focused only on the ordinance matter that is before him or her. 3. Penalties aze paid to the city. When criminal citations aze issued, any fines imposed by the court aze split between the county and the city. An ordinance amending the charter to add a new section 13.13 is enclosed for the commission's consideration. I have also enclosed for your information a sample copy of an ordinance (in this case, Brooklyn Park's) that implements the charter provision. If the charter amendment is adopted, the staff will ask the city council to consider an ordinance similar to the one enclosed. The city council requested only the enclosed charter amendments. However, our office has identified other changes that the commission may want to consider. These include grammatical and wording changes in Chapter 7, to clarify the charter and to bring the charter into conformance with ~) the state Truth in Taxation requirements. If the commission is open to considering those types of _ changes, please let me know. I would be happy to meet with the commission to discuss further the matters raised in this letter. Sincerely, ''// Corrine H Thomson CHTjms Enclosures cc: Samantha Orduno (w/encs) CAH-203977v I RC115-17 f j '\ AGENDA SECTION: Consent AGENDA ITEM # 4K REPORT # 11 J STAFF REPORT CITY COUNCIL MEETING JANUARY 8, 2002 REPORT PREPARED BY: BETSY CxRISTENSEN, SUPPORT SERVICES DNISION MANAGER NAME, TITLE REPORT PRESENTER: DAN SCOTT, DIRECTOR OF PUBLIC SAFETY NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the request by the Church of the Assumption for temporary 3.2 percent malt liquor, itinerant place of amusement, itinerant food, and public dance licenses for their annual Sno-Ball famil event to be held Saturda , Janua 26, 2002. I. RECOMMENDED ACTION: By Motion: Approve the request by the Church of the Assumption for temporary 3.2 percent malt liquor, itinerant place of amusement, itinerant food, and public dance licenses for their annual Sno-Ball family event to be held on Saturdav, Januarv 26, 2002. II. BACKGROUND On November 23, 2001, the Church of the Assumption submitted a request for a temporary license to serve 3.2 percent malt liquor. They also submitted requests for itinerant place of amusement, itinerant food, and public dance licenses for January 26, 2002. All required fees have been submitted. They will be serving such food items as sloppy joes, hot dogs, pizza, popcorn, and ~~ soda. The Church of the Assumption has contacted food sanitarians from the City of Bloomington to ensure that proper food handling practices are followed. They will 0108Assumption Sno-Ball work with Bloomington sanitarians and follow their recommendation for safe and wholesome food handling. This event will take place from 5 p.m. until 10 p.m. There will be a private crew on duty to address any issues that may arise. The City has previously issued similar licenses to the Church of the Assumption. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with the City codes pertaining to these licenses. • All required fees have been paid. B. CRITICAL ISSUES • The applicant will supply proof of liquor liability insurance for this event prior to January 26, 2002. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATNE RECOMMENDATION(S~ • Deny the request; however, the Public Safety Department has not found any basis for a denial V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Church of the Assumption staff I AGENDA SECTION: CONSENT AGENDA ITEM # 4J REPORT # 10 J STAFF REPORT CITY COUNCIL MEETING .TANUARY 8, 2002 ~` ;J REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: t/~ REVIEWED BY CITY MANAGER: RICK BEANS, GARAGE AND PARK MAINTENANCE SUPERVISOR NAME, TITLE MIKE EASTLING, PUBLIC WORKS DIRECTOR ITEM FOR COUNCIL CONSIDERATION: Consideration to purchase a sidewalk plow and attachments in excess of $50,000. I. RECOMMENDED ACTION: By Motion: Approve apurchase-order to MacQueen Equipment Inc. in the sum of $69,578.58 for trackless MT5 sidewalk plow, hydraulic broom and V-plow. III. BACKGROUND Unit 329, a 1989 Trackless MT5 sidewalk plow, and unit 3291, a broom attachment, are scheduled for replacement. Purchase of the new equipment has been coordinated through the State of Minnesota Cooperative Purchasing Program. The City has tried several brands of sidewalk plows over the years. The Trackless MT5 has proven to be the most reliable machine staff has found for sidewalk work. The City presently has three of these machines and all attachments are interchangeable in case of mechanical breakdowns. III. BASIS OF RECOMMENDATION 0108SidewalkPlow NAME, TITLE A. POLICY • When the purchase of materials, merchandise, equipment or --' construction exceeds $50,000, authority to purchase shall be submitted to the City Council for consideration. • MacQueen Equipment Inc. was one of two bidders accepted by the State of Minnesota for vehicles of this class. Base prices for this class of equipment ranges from $56,673 to $54,750. • The City of Richfield participates in the Minnesota State Cooperative Purchasing Program. B. CRITICAL ISSUES • Approval at the January 8, 2002 Council meeting will facilitate delivery of the new vehicle. C. FINANCIAL • The approved 2002 budget contains $80,000 for this purchase. Total purchase price of the trackless MT5 sidewalk plow (base price $58,545.00), hydraulic broom ($4,830.00), V-plow ($957.00), and tax ($4,246.58) is $69,578.58, which is within the budgeted amount. • Funding for these vehicles will be equipment certificates issued in 2002. D. LEGAL _~ • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Council may delay approval to a later meeting. However, delayed approval will result in delayed delivery: • Council may choose to deny approval and direct staff to obtain new bids for this vehicle. However, staff believes the best price(s) are available for the sidewalk plow and attachments through the joint purchase contract. V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. AGENDA SECTION: CONSENT AGENDA ITEM # 4I REPORT # 9 J STAFF REPORT CITY COUNCIL MEETING .TANUARY 8, 2002 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: RICK BEANE, GARAGE AND PARK MAINTENANCE SUPERVISOR NAME TITLE MIKE EASTLING, PUBLIC WORKS DIRECTOR ITEM FOR COUNCIL CONSIDERATION: Consideration to purchase a snow blower and attachments in excess of $50,000. I. RECOMMENDED ACTION: By Motion: Approve a purchase order to St. Joseph Equipment in the sum of $63,088.47 for Wildcat-M-8000MDR-200 Snow Blower. III. BACKGROUND ~ Unit 310, a 1987 Root Snow Blower, is scheduled for replacement. Purchase of the new equipment has been coordinated through the State of Minnesota Cooperative Purchasing Program. This unit is mounted on a Cat loader and is used to load trucks when hauling snow off the streets and sidewalks. As concern for quality maintenance of pedestrian walkways as well as streets grows, it is critical to have equipment to aid in providing these services. III. BASIS OF RECOMMENDATION A. POLICY 0108Snowblower NAME, TITLE When the purchase of materials, merchandise, equipment or construction exceeds $50,000, authority to purchase shall be submitted to the City Council for consideration. • St. Joseph Equipment was one of three bidders accepted by the State of Minnesota for equipment of this class. Prices for this class of equipment range from $59,000 to $67,000. City staff looked at all three machines and determined that the Wildcat would best meet the City's needs. The Wildcat is designed better mechanically and has a 300 tons per hour higher capacity than the other two machines. • The City of Richfield participates in the Minnesota State Cooperative Purchasing Program. B. CRITICAL ISSUES • Approval at the January 8, 2002 Council meeting will facilitate delivery of the new vehicle. C. FINANCIAL • The approved 2002 budget contains $55,000 for this purchase. Total purchase price of the 200 horse power Cummins with all standard equipment (base price $56,600.00), clean out door in spout base ($104.00), wings to widen blower 3" each side ($760.00), two quick couplers in cable ($148.00), quick attach hitch for Cat 950 ($1,000.00), 1 x 8" ILO 3/4 x 6" ($626.00) and tax ($3,850.47) is $63,088.47. This is $8,088.45 over budgeted amount. However, some other equipment purchases for 2002 have been under budget so there is sufficient funding in the adopted Central Garage/Motor Pool to afford this purchase. • Funding for these vehicles will be equipment certificates issued in 2002. D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Council may delay approval to a later meeting. However, delayed approval will result in delayed delivery. • Council may choose to deny approval and direct staff to obtain new bids for this vehicle. However, staff believes the best price(s) are available for the snow blower and attachments through the joint purchase contract. V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CONSENT 8 COUNCIL MEETING DATE: .TANUARY 8, 2002 REPORT PREPARED BY: RICK BEANE, GARAGE AND PARK MAINTENANCE SUPERVISOR NAME, TITLE REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ ,.. Sr ATtIRE REVIEWED BY CITY MANAGER: ~~~ ITEM FOR COUNCIL CONSIDERATION: Consideration of a purchase of squad cars in excess of $50,000. I. .RECOMMENDED ACTION: By Motion: Approve a purchase order to Superior Ford in the sum of $106,425 for five new squad cars. III. BACKGROUND ~ Five full size sedans (Units No. 2006, 2007, 2008, 2009, 2010) being used by the Public Safety Department are scheduled to be replaced in 2002. The five squad cars currently in use were purchased in 2000. The extent and nature of the use of squad cars indicates atwo-year replacement program. Purchase of the new vehicles has been coordinated through the State of Minnesota Cooperative Purchasing Program. III. BASIS OF RECOMMENDATION 0108SQUADS A. POLICY • When the purchase of materials, merchandise, equipment or construction exceeds $50,000, authority to purchase shall be submitted to the City Council for consideration. • 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 8, 2002 Council meeting will facilitate delivery of the new squad cars. C. FINANCIAL • The approved 2002 budget contains $130,000 for this purchase. • Actual cost per marked squad car in 2001 was $21,151, totaling $105,755 for the five cars. The actual cost per squad car in 2002 will be $21,256, totaling $106,425 for the five cars. • 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 2002. D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Council may delay approval for one Council meeting. • No action by Council on this purchase will eventually compromise safety for police officers driving old squad cars. V. ATTACHMENTS • None. II. PRINCIPAL PARTIES EXPECTED AT MEETING • None. n AGENDA SECTION: AGENDA ITEM # REPORT # Consent 4G STAFF REPORT CITY COUNCIL MEETING JANUARY 8, 2002 REPORT PREPARED BY: NAME, TITLE n n REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE d ITEM FOR COUNCIL CONSIDERATION: Consideration of a relocation assistance appeal policy. I. RECOMMENDED ACTION: By Motion: Adopt the attached relocation assistance appeal policy dated Janua 8, 2002. II. BACKGROUND Laws and regulations require entities responsible for relocation to have a relocation assistance appeal policy in place. Recently, staff, a Kennedy & Graven attorney, and representatives from Conworth, Inc., relocation consultants to the Richfield Housing and Redevelopment Authority (HRA) and City, worked together to draft an appeal policy. Each individual and business is entitled to appeal any determinations made with regards to that assistance. Although appeals are infrequent, when they are made, it is usually involves the dollars proposed for payment. III. BASIS OF RECOMMENDATION A. POLICY 010802RelocAppeal • The HRA/City undertake activities, which result in relocation. Department of Housing and Urban Development (HUD) rules and state law require an appeal policy to be in place. • The HRA approved the policy on December 12, 2001. • The City Council must act separately to establish a City policy. For administrative simplicity for both relocatees and staff the proposal is to have both policies be the same. B. CRITICAL ISSUES • The policy, which has been in place since the early 1980s, needs updating. C. FINANCIAL • The cost of the appeal process initiated by a relocatee would be paid by the redeveloper. D. LEGAL • Robert Vose, Kennedy & Graven legal counsel to the City provided significant assistance with this item. He drew heavily from the State Administrative Procedures Act, which prescribes procedures for a variety of administrative review functions. • Representatives of Conworth Inc. have indicated it is in compliance with O relocation regulations E. TIMING • It would be prudent to have a revised process in place the month of January. IV. ALTERNATIVE RECOMMENDATION(S) • Direct staff to make changes in the proposed policy. V. ATTACHMENTS • Relocation Assistance Appeal Policy. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A City Council January 8, 2002 CITY OF RICI~IELD (,`) RELOCATION ASSISTANCE APPEAL POLICY A. Policv Any person may appeal a determination by the City of Richfield or Richfield Housing and Redevelopment Authority (City) concerning the person's eligibility for, or the amount of, a payment for relocation assistance. B. Basic Rules and Re ations 1. City staff shall consider all information provided by a person in support of a relocation matter or claim. The City shall keep copies of any written information or documents submitted. 2. The City shall permit a person that claims eligibility for relocation assistance, service or benefits to inspect and copy all files and records pertaining to such person's application for relocation assistance, except information or data which is confidential or otherwise may not be made public under applicable laws. The City may place reasonable conditions on these inspection rights. 3. City staff shall make an initial determination regarding any relocation benefits matter.. The initial decision shall be in writing and provided to the person requesting ~~ relocation assistance. C. .Anneal Process 1. Any person aggrieved by the initial decision made by City staff shall be afforded an opportunity for an appeal hearing regarding the decision. The City will provide a hearing at which the appellant may make an oral presentation. A person may request an appeal in the event the City initially determines that the person is ineligible for relocation assistance or benefits, or denies the amount of relocation . benefits claimed, in whole or in part.. 2. A request for an appeal hearing must be in writing, directed to the City Manager, and submitted within 60 days from the date of receipt of the City's initial determination. The written request for an appeal hearing must indicate the issue or issues being appealed. If the appellant is unable to prepare a written appeal or identify the appeal issues, the City will make a referral to available sources for assistance with. the appeal. 3. ~ The City Manager or a designee will conduct the appeal hearing. The City Manager may, in his/her sole discretion, designate a City staff person or an independent hearing examiner to conduct the appeal. The City representative conducting the review shall not have been directly involved in evaluating the appellant's application for relocation assistance or in preparing the initial determination. Rrv-zozr~2~s RC160-I 1. In the event the hearing will be conducted by the City Manager or a designee, the appellant shall submit at the hearing any evidence in support of the appeal that was not previously filed with the City. The City shall submit such additional information the City used in evaluating the claim. 2. The City shall maintain the official record. All evidence offered, except any evidence excluded, shall be a part of the hearing record of the case. No information or evidence shall be considered wiless it is part of the record. The record shall contain a written transcript of the hearing only if preparation of a transcript is requested by the City or appellant. 3. The City may exclude from the record incompetent, irrelevant, immaterial or repetitious evidence. Documentary evidence may be received in the form of copies or by incorporation by reference. The City may also take notice of judicially cognizable facts or general, technical, or scientific facts. Parties shall be afforded an opportunity to contest the facts so noticed. F. Determination and Notification After the Apyeal 1. Unless otherwise agreed upon, the findings and conclusions by an independent hearing examiner are advisory. The determination by the City Manager or designee shall constitute the final determination by the City. 2. Every final decision rendered by the City shall be in writing, based on the record, and shall include the City's findings of fact and conclusions. The final decision shall be labeled as follows: Final Decision Concerning Relocation Aaoeal 3. A copy of the final decision shall be served upon the appellant by first class mail. 4. The City's final determination of an appeal will be made within ninety (90) days of the City's receipt of the advisory findings of fact and conclusions of law, or within ninety (90) days of completion of the hearing if conducted by the City Manager or designee. 5. The written determination will be promptly mailed to the appellant and will advise the appellant that judicial- review may be sought from any adverse determination. 6. An aggrieved appellant must file a petition for a writ of certiorari with the court of appeals and serve the same on the City not more than 30 days after the receipt of the final decision. G. Notices All Notices to the City must be addressed to the City Manager, City of Richfield, 6700 Portland Avenue South, Richfield, MN 55423 ruv Zoir~2~s RCI60-1 4. The hearing will be held within a reasonable time from the date that the written request for an appeal hearing is received. The City shall provide written notice of the hearing identifying the person performing the hearing, and stating the date, time, place, and issues on appeal. 5. All parties have the right to be represented by an attorney or relocation advisor concerning a relocation claim or appeal. Each party shall be solely responsible for its own legal fees and expenses. All parties shall have the right to present and cross- , examine witnesses at the hearing. 6. The City shall be responsible for the cost of the hearing whether conducted by the City Manager, City staff or independent hearing examiner. In the event a transcript of the appeal hearing is requested, the party requesting a transcript shall bear the cost thereof. The parties may agree to share the costs of transcription. D. Independent Hearins Examiner. 1. In the event the hearing will be conducted by an independent hearing examiner appointed by the City Manager, the appellant shall submit to the City any evidence in support of the appeal that was not previously filed with the City. Such evidence shall be submitted at least seven (7) days prior to the hearing date. The City shall provide to the hearing examiner all evidence timely submitted by the appellant along with such additional information the City used in evaluating the claim. 2. The hearing examiner shall maintain the official record. All evidence offered, except any evidence excluded by the hearing examiner, shall be .apart of the hearing record of the case. No information or evidence shall be considered unless it is part of the record. The record shall contain a written transcript of the hearing only if preparation of a transcript is requested by the City or appellant. 3. The hearing examiner shall evaluate all evidence submitted by the City or an 'appellant, but may exclude from the record incompetent, irrelevant, immaterial or repetitious evidence. Documentary evidence may be received in the form of copies or by incorporation by reference. The hearing examiner may also take notice of judicially cognizable facts or general, technical, or scientific facts. Parties shall be afforded an opportunity to contest the facts so noticed. 4. The hearing examiner shall prepare a report and recommendations based on the hearing record. The report shall certify the official record and shall include the findings of fact and conclusions of law made by the hearing examiner. 5. The hearing examiner's report shall be mailed to the City and appellant. Except in cases where the City and appellant have agreed that the report of the hearing examiner will constitute the final decision, the City's final decision shall be made after issuance of the hearing examiner's report.. E. Hearing Before Cit~Manager or Designee. RJV-202732v5 RCI60-1 AGENDA SECTION: Consent AGENDA ITEM # 4F REPORT # STAFF REPORT CITY COUNCIL MEETING JANUARY 8, 2002 REPORT PREPARED BY: KATHY FARRIS, HUMAN SERVICES PLANNER/COORDINATOR NAME, TITLE REPORT PRESENTER: KATHY FARRIS, HUMAN SERVICES PLANNER/COORDINATOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution approving the 2002 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: By Motion: Approve the attached resolution providing funding of certain human service a encies in the recommended amounts for 2002. 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; and 4) housing services for low- income persons. • An announcement was made soliciting funding proposals for service in the Richfield Sun. Applications were mailed to prospective agencies. • The Grant Review Committee met on November 19, 2001 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 2002: 2002 2000 Actual 2001 Actual Recommended The Storefront Group $62,000 $45,670 $45,349 Cornerstone 14,553 15,000 10,000 Senior Community Services 9,157 9.400 _9,021 VEAP 5,000 5,000 5,000 YouthNet 1,000 1,000 1,000 Charaka - 7,500 - Community of Nations - 10,000 9,000 Family & Children's Service - - 6,000 Oak Grove SAFE - - 6,200 Augsburg Library/Richfield Schools - - 2,000 Total $91,710 $93,570 $93,570 III. BASIS OF RECOMMENDATION A. POLICY • All funding recommendations meet the priorities established for 2002 as ~`, indicated above. • Agencies recommended for funding have met review criteria in the areas of service need and program management. • 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 2002. C. FINANCIAL • Recommendations are based on the unallocated portion ($93,570) of the 2002 Division 105: Other Agencies budget. A City Council/Administration 2002 allocation of $20,910 of this budget is designated for the Hennepin South Services Collaborative (formerly SHeRPA) for research, planning and coordination functions. D. LEGAL • Agencies awarded funding will be required to sign a service agreement. n IV. ALTERNATIVE RECOMMENDATION(S~ ~--` The City Council could reject the recommendations of the RCHSPC Review Committee and make their own decisions regarding social service funding. V. ATTAC~IMENTS • Resolution Descriptions of Proposed Services VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. ~, 1 RESOLUTION NO. A RESOLUTION APPROVING THE 2002 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: The Storefront Group Cornerstone Senior Community Services VEAP YouthNet Community of Nations Family & Children's Service Oak Grove SAFE Augsburg Library/Richfield Schools $45,349 10,000 9,210 5,000 1,000. 9,000 6,000 6,200 2,000 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 8th day of January, 2002. ATTEST: Nancy Gibbs, City Clerk Martin J. Kirsch, Mayor Z Z LL W V W N J 4 N 0 0 N W LL N V 0 to ~ O O 00 00 .a O O O O O C ~ ~ N ~ ~ LL ~ ~ ~ L N ..- o ~ O ° N p ~ N ~ ~~ O ~~ O ~ 0 Q O O ,.., _p O N O O U N ~ f6 Q p Q. ~ c6 O ~ ~ N c0 .~ •aI Z ~ vOi ~ ~ N ~ N N N N +. ~ ~ N C f~ ~ fE O ~ U O p f4 t3 ~ N U N ~ Q N ~ C7 N ~ ~~~ ~ O ~ .C Q. 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T3 ~ O '"'' N Cw N N ~ U to ~ ~ ~ N ~ -L3 ~ o 0 O N N ~ t6 O N ~-- • O C U D U ~ fD ~ ~ O O U cOb > ~ ~' O 'u> ~.~ G~ C tOG~~ ~ ~Y N Q-~ i ~ O ~ ~ N ~-~ N ~ O ~ ~ .~-+ ~ O ~ .~ N N Q- ~ ~ ~ L N f6 N O N ~ ~ W ~ ~ ~ -O N ~ •N O p ~ N ~ 00 Q-'~ ~ O O ~ O G~ tV t~Ey •~ t6 O ~ r T ~ to .C dy ~ CO? ~ ~ N O Q- ~ ~ ~ Q i t0 Q ~ ;~ O O ~ V '.>-v N OL O ~ O ~ ~ ~~ o Q-~ U~ ~~ t~N ~ ter. VNJ • • • G Lay -O O~ N N s- ~ 7 ~ '~ ~~, ~ N ..r ~ L3y O ~ tOC N O j -6 O -a~ O O N C~ N U G~ .~: tll U O N N ~ ~ ~~.0~ ~~~ ~ DAL Q..L~~ V N~'t7 O t0'~ ~ N ~ ~ ~U ~ O O O N~ (d O ..O O~ N~ (ll ~ 0 G t~6 ~_~ U O O N N t0 N~~ N c4 v -~ ~~ ~ Q-~ ~ O (A O N ~.'' O ~ O- N ~ ~ to N ~ v ~ O Oy C O O p O p~ v~ V, yd?•• O O~ N v tfi '~ ~ N S1 N 7~ O N N~ U g Q" ~ ~ 'L3 0 N O N Q N !" ~ V N ~ ~~ ~ O 4- ~ NW O ~ N 7i G C w Q' + N N O N ~- O ~ N N a~ O 'tN > Q O ~ n AGENDA SECTION: Consent AGENDA ITEM # 4E REPORT # 5 STAFF REPORT CITY COUNCIL MEETING .TANUARY 8, 2002 REPORT PREPARED BY: .JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE REPORT PRESENTER: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ l i s /~ y® o REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of first reading of a transitory ordinance authorizing the planning, design and execution of Phase One of the Outdoor Poot Renovation Project and scheduling of a second readin and ublic hearin for Februa 12, 2002. I. RECOMMENDED ACTION: By Motion: Approve the transitory ordinance authorizing the planning, design and execution of Phase One of the Outdoor Pool Renovation Project with an estimated project cost of $820,531, and schedule a ubfic hearin and second readin for Februa 12, 2002. II. BACKGROUND The Richfield Outdoor Pool suffered two closures this past season due to leaks in the perimeter re-circulation system caused by aged, corroded pipes. Staff has determined that the pool can no longer serve customers reliably until permanent repairs of the re- circulation system and replacement of the main pool re-circulation pump is executed. In response to the critical condition of the re-circulation system, the City Council has directed the Outdoor Pool Task Force and the Community Services Commission to develop a preliminary plan and cost estimates to renovate the pool. Gremmer and Associates was selected to assist with the preliminary plan as consulting .engineer. 0108 pool After working closely with City staff, the Outdoor Pool Task Force and the Community Services Commission, Gremmer and Associates have completed preliminary plans for. the Outdoor Pool Renovation Project. At a special meeting on November 29, the Community Services Commission made some suggestions and voted unanimously to recommend approval of these preliminary project plans. The preliminary plan is divided into three parts: Phase One, Phase Two and Future Spray Pool. Phase One includes the following: 1. Main Pool • Replace re-circulation pipes. • Replace main pool re-circulation pump. • Replace gutter system. • Sandblast, paint and caulk pool surfaces. • Construct a handicapped ramp to comply with ADA. 2. Adventure Pool (definition: a shallow wading pool with state-of--the-art play equipment, similar to playground equipment but designed for water play). • Replace existing wading pool (2,200 square feet) with a new 4,500 square-foot adventure pool. Adventure pool to comply with ADA and State codes. • Install water play equipment in the adventure pool. • Construct separate mechanical system for the adventure pool. Phase Two includes the following:. • Replace existing bathhouse (4,000 square-foot) with new, 6,510 square-foot bathhouse. New bathhouse to comply with ADA and State codes. • Relocate pool mechanical to bathhouse. • Replace main .pool filter with new sand filters. • Redesign front driveway for handicapped parking and drop-off area. • Replace perimeter fence. Future Spray Pool includes the following: • Construct a 1,300 square-foot, zero-depth spray pool with separate. mechanical and water spray features. The Adventure Pool was included in Phase One along with main pool repairs for several reasons. First, the current wading pool shares a filtration system with- the main pool. State codes require a separate filtration system for each pool container. Second, it is desirable have something new and exciting to attract customers after closing the pool for construction. The Outdoor Pool Task Force determined that a larger percentage of pool users are attracted to shallow-water amenities. Lastly, staff has identified a funding source to cover both the costs of main pool repairs and a new adventure pool at this time. The construction of Phase One would require the pool to be closed down for one -- season. If approved, staff would proceed with plans, specifications, and bidding documents. Phase One would be completed in time to open in the summer of year 2003. ^ At their January 15 regular meeting, the Community Services Commission will ~ consider recommending approval of a transitory ordinance authorizing the Outdoor Pool Renovation Project. III. BASIS OF RECOMMENDATION A. POLICY • Pursuant to Section 8.04 of the City Charter, the project will require approval of a transitory ordinance because the estimated project cost exceeds $500,000. • With City Council approval, second reading of a transitory ordinance authorizing the planning, design and execution of Phase One of the Outdoor Pool Renovation Project and public hearing are scheduled on February 12, 2002. B. CRITICAL ISSUES ^ The Outdoor Pool can not serve customers reliably until permanent repairs to the perimeter re-circulation system and replacement of the main pool. re-circulation pump are executed. ^ The Outdoor Pool currently does not comply with State codes and ADA. ^ The aged and outdated condition of the Outdoor Pool is a contributing factor to an ongoing operation budget deficit. (_~) The Outdoor Pool remains an integral part of Richfield's character and appeal, receiving over 40,000 visits from customers last season. ^ A decision .must be reached to complete the construction of Phase One and Phase.. Two separately, or combining Phase One and Phase Two into one construction period.. C. FINANCIAL • The estimated costs for each pool phase follows: Construction Design Total Phase One $765,478 $55,053 $820,531 Phase Two $1,445,735 104 126 $1,549,861 Total Costs $2,211,213 $159,179 $2,370,392 Future $157,306 $11,186 $168,492 Spray Pool ^ Funding sources for each pool phase includes: 1) Condemnation Proceeds of Rich Acres and New Ford Town Parks will cover funds needed for Phase One. 2) Special Revenue Funds (liquor store proceeds) for three to four consecutive years will fund Phase Two. Special Revenue Funds can be offset by fundraising efforts. The Outdoor Pool Task Force intends on putting forth an effort to launch a successful fundraising campaign. 3) A Future Spray Pool is desired to help retain customers after five years of renovated pool operation, pending the availability of funds. A conservative forecast of attendance, revenues and expenses after the completion of Phase One and Phase Two are highlighted in the attached materials, along with financial comparisons of neighboring pools with recent renovations. A summary of estimates for the Richfield project follows: Before After Renovation Renovation Pool attendance 40,560 59,750 Revenues $215,134 $300,453 Expenses, less depreciation 233 183 279 984 Profit (Loss) ($18,048) $20,469 Proposed Pool Fees: Although proposed pool fees have not been approved, the following fees were assumed in the above forecasts: Before Renovation Daily Regular > 42" $6.00 < 42" $3.50 Daily Regular After Renovation $6.50 Daily Evening > 42" $4.50 < 42" $3.00 Season Passes Resident $26.00 Non-resident $29.00 Daily Evening $5.00 Season Passes Resident $30.00 Non-resident $40.00 D. LEGAL • Pursuant to Section 8.04 of the City Charter, the project will require approval of a transitory ordinance because the estimated project cost exceeds $500,000. IV. ALTERNATIVE RECOMMENDATION(S~ • Approve the transitory ordinance authorizing the planning, design and execution of both Phases One and Two of the Outdoor Pool Renovation Project (alternate ordinance included) at a cost of $2,370,392 which includes all planning, design and construction costs. V. ATTACHMENTS • Proposed Transitory Ordinance -Phase One Proposed Transitory Ordinance -Phase One and Two Preliminary Plan Sketches Project Cost Estimates Estimated Operating Budget • 2002 Proposed Area Pool Fees Chart • Operating budget summaries of neighboring pools, recently undergoing improvements • Comparison between area outdoor pool renovation projects VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Members of the Outdoor Pool Taskforce • Jody Dahms and Tim Gremmer, Gremmer and Associates n AGENDA SECTION: CONSENT AGENDA ITEM # 4D REVISED ORD. REPORT # 4 BILL NO. Transitory Ordinance No. AN ORDINANCE APPROVING A CAPITAL IMPROVEMENT PROJECT FOR PHASE ONE OF THE RENOVATION OF THE RICHFIELD OUTDOOR POOL, PURSUANT TO RICHFIELD CITY CHARTER SECTION 8.04 THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings. 1.01. Section 8.04 of the Richfield City Charter requires that any capital improvement on City-: owned property that has an estimated cost exceeding $500,000.00 or expenditures for design or engineering costs exceeding $75,000.00 must be approved by ordinance after a public hearing. 1.02. It is proposed that the City Council approve a capital improvement project at the Richfield Outdoor Pool, 630 East 66th Street, which is City owned property. 1.03. The capital improvement project consists of the design, engineering .and construction of improvements to the existing pool (the "Outdoor Pool Renovation Project"). 1.04. On October 8, 2001, the City Council previously approved a contract for preliminary. architectural, design and engineering planning services in the amount of $5,000. The estimated construction cost for Phase One of the capital improvement, excluding. design, engineering and construction management costs, is $765,478. Design, engineering and construction management costs for Phase One is $55,053. The preliminary estimates for total construction. cost of Phase One is $820,531. 1.05. A public hearing was held on 8.05 of the Richfield City Charter. after due notice as required by Section 1.06. The Council finds and determines that it is in the best interests of the City and its inhabitants that Phase One of the Outdoor Pool Renovation Project be approved. Section 2. Approval; effective date. 2.01. Phase One of the Outdoor Pool Renovation Project is approved, and planning, design and construction of Phase One of the Outdoor Pool Renovation Project may proceed according to the procedures required by law. 2.02.. The purpose of this Ordinance is to comply with the requirements of Section 8.04. of the Richfield City Charter. This Ordinance shall not be construed to require that the City proceed with the Outdoor Pool Renovation Project; .nor does it vest any rights in the Outdoor Pool Renovation Project to any individual or entity. The City Council reserves the right to abandon the Outdoor Pool Renovation Project or to modify elements of the Outdoor Pool Renovation Project, if the Council deems abandonment or modification to be in the public interest. 2.03. This ordinance is effective in accordance with Section 3.09 of the Richfield City.... Charter. Adopted by the City of Richfield this n ATTEST: day of 2002. Martin J. Kirsch, Mayor Nancy Gibbs, City Clerk 0108 pool ~~ ~` j AGENDA SECTION: CONSENT AGENDA ITEM # 4D REVISED ORD. REPORT # 4 BILL NO. Transitory Ordinance No. AN ORDINANCE APPROVING A CAPITAL IMPROVEMENT PROJECT FOR PHASE ONE AND TWO OF THE RENOVATION OF THE RICHFIELD OUTDOOR POOL, PURSUANT TO RICHFIELD CITY CHARTER SECTION 8.04 THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings. 1.01. Section 8.04 of the Richfield City Charter requires that any capital improvement on City- owned property that has an estimated cost exceeding $500,000.00 or expenditures for design or engineering costs exceeding $75,000.00 must be approved by ordinance after a public hearing. 1.02. It is proposed that the City Council approve a capital improvement project at the Richfield Outdoor Pool, 630 East 66th Street, which is City owned property. 1.03. The capital improvement project consists of the design, engineering and construction of improvements to the existing pool (the "Outdoor Pool Renovation Project"). 1.04. On October 8, 2001, the City Council previously approved a contract for preliminary architectural, design and engineering. planning services in the amount of $5,000.. The estimated construction .cost for Phase One and Two of the capital improvement, excluding ..design, engineering and construction management costs, is $2,211,213. Design, engineering and construction management costs for Phase One and Two is $159,179. The preliminary estimates for total construction cost of Phase One and Two is $2,370,392. 1.05. A public hearing was held on 8.05 of the Richfield City Charter. after due notice as required by Section 1.06. The .Council finds. and determines that it is in the best interests of the City and its inhabitants that the Outdoor Pool Renovation Project be approved. Section 2. Approval; effective date. 2.01. Phases One and Two of the Outdoor Pool Renovation Project are approved, and planning, design and construction of Phases One and Two of the Outdoor Pool Renovation. Project may proceed according to the procedures required by law. 2.02. The purpose of this Ordinance is to comply with the requirements of Section 8.04 of the- Richfield City Charter. This Ordinance shall not be construed to require that the City proceed. with the .Outdoor Pool Renovation Project; .nor does it vest any nghts in the Outdoor Pool Renovation Project to any individual or entity. The City Council reserves the right to abandon the Outdoor Pool Renovation Project or to modify elements of the Outdoor Pool Renovation Project, if the Council deems abandonment or modification to be in the public interest. 2.03. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Adopted by the City of Richfield this day, of 2002. .Martin J. Kirsch Ma or Y ATTEST: Nancy Gibbs, City Clerk ~~ ~ ~~~ ~ o x`10 ~ ~ ~ ~ ~ ~ ~~~ ~~~: ~~ ~ ~ (L Q tu,,, p. J ~ ~ W a" J ~ ~-- ~ . Q W U Z 2 ~ W ~J~ ~ Q Z J ' (!1 W W Q LL ~-- _ = fn 0- U U z o ~o 9 w~ LL~ ~ ~ ~ ~ ~ O Q• Vu~ ~ z~ ~~Ca ~ N$ tpWN Q ~~ wU p ~~~ Q ~ U'~ ~~ ~ ~ ~ ~ ~O O ~~~ ~~ ~ ~ 40 'Q~~Q ~ (Q-........ 1~ i~ RICHFIELD, MINNESOTA RENOVATION OF RICHFIELD MUNICIPAL POOL COST ESTIMATE-ALTERNATE #4 PREPARED BY TIM GREMMER OF GREMMER & ASSOCIATES -NOVEMBER 29, 2001 FOR BID OPENING NO LATER THAN MAY 2002 EXISTING 50 METER POOL AREA = 13,895 PROPOSED ADVENTURE POOL AREA = 4,500 SQUARE FEET FUTURE SPRAY POOL AREA = 1,300 SQUARE FEET TOTAL PATRON CAPACITY ALL POOLS = 1,164 PATRONS WORK ITEM UNITS QUAN. PRICE TOTAL PHASE 1:50 METER RECIRCULATION PIPING, DECK REPLACEMENT, AND ADVENTURE POOL 1.1 GENERAL CONDITIONS/BOND/MOBILIZATION ti -% BOND @ 1.5% LS $ 10,200 GENERAL CONDITIONS @ 4.0% LS $ 27,200 MOBILIZATION @ 2% LS $ 13,600 $ 680,000.00 TOTAL $ 51,000 1.2 SITE WORK SAWCUT CONCRETE DECK LF 575 $ 2.00 $ 1,150 DEMOLISH EXISTING DECK LS 7,145 $ 1.25 $ 8,931 EXCAVATION CY 2,550 $ 6.00 $ 15,300 SITE ELECTRICAL SF 13,895 $ 0.75 $ 10,421 SITE MECHANICAL SF 13,895 $ 0.75 $ 10,421 MASTER MANHOLE LS 1 $ 10,000.00 $ 10,000 12 INCH DIAMETER STORM SEWER LF 100 $ 25.00 $ 2,500 CONCRETE DECK AND DECK DRAINS SF 14,819 $ 5.00 $ 74,095 REMOVE TAR FROM JOINTS, SANDBLAST DECK LS 1 $ 4,000.00 $ 4,000 STONE FILL TN 2,000 $ 12.00 $ 24,000 SITE ELECTRICAL -ADVENTURE POOL LS 1 $ 10,000.00 $ 10,000 SITE MECHANICAL -ADVENTURE POOL LS 1 $ 10,000.00 $ 10,000 TOPSOIL SY 1,200 $ 1.50 $ 1,800 SOD SY 1,200 $ 2.00 $ 2,400 TOTAL $ 185,019 1.3 SWIMMING POOL a POOL PERIMETER PIPING LF 1,300 $ 20.00 $ 26,000 CORE OPENINGS EA 50 $ 200.00 $ 10,000 GUTTER GRATING LF 580 $ 35.00 $ 20,300 SEAL GUTTER LF 580 $ 5.00 $ 2,900 WATERSLIDE SUCTION CHAMBER LS 1 $ 3,000.00 $ 3,000 SANDBLAST, CAULK AND PAINT POOL SF 16,154 $ 4.50 $ 72,693 REPLACE POOL RECIRCULATION PUMP LS 1 $ 15,000.00 $ 15,000 HANDICAP RAMP LS 1 $ 15,000.00 $ 15,000 TOTAL $ 164,893 1.4 ADVENTURE POOL ADVENTURE POOL PLAY STRUCTURE MATERIALS LS 1 $ 125,000.00 $ 125,000 INSTALLATION LS 1 $ 30,000.00 $ 30,000 ADVENTURE POOL SF 4,500 $. 12.00 $ 54,000 ADVENTURE POOL GUTTER LF 270 $ 50.00 $ 13,500 PAINT SPRAY POOL SF 4,500 $ 2.50 $ 11,250 POOL WATER TREATMENT SYSTEM AND PIPING SF 4,500 $ 9.00 $ 40,500 SURGE TANK LS 1 $ 5,000.00 $ 5,000 POOL WATER HEATER LS 1 $ 8,000.00 $ 8,000 TOTAL $ 287,250 TOTAL ITEMS 1.1 THROUGH 1.4 $ 688,162 1.5 PROFESSIONAL FEES AND MISCELLANEOUS CITY COSTS LS PRINTING OF CONTRACT DOCUMENTS FOR BIDDING LS $ 2,000 GOVERNMENT REVIEW FEES LS $ 1,000 SOILS AND MATERIALS TESTING LS $ 5,500 PROFESSIONAL SERVICE FEES @ 8.0% LS $ 55,053 CONTINGENCY @ 10% LS $ 68,816 TOTAL $ 132,369 TOTAL PHASE 1 $ 8 20,531 PHASE 2: UPGRADE 50 METER POOL, NEW BATHHOUSE 2.1 GENERAL CONDITIONS/BOND/MOBILIZATION BOND @ 1.5% LS $ 18,000 GENERAL CONDITIONS @ 4.0% LS $ 48,000 MOBILIZATION @ 0.5% LS $ 24,000 $ .1,200, 000 TOTAL $ 90,000 2.2 SITE WORK SAWCUT EXISTING DECK LF 170 $ 2.00 $ 340 DEMOLISH EXISTING WADING POOL SF 2,021 $ 2.00 $ 4,041 DEMOLITION EXISTING DECK AND SIDEWALK SF 33,580 $ 1.25 $ 41,975 DEMOLISH EXISTING BATH HOUSE SF 4,050 $ 4.00 $ 16,200 PARTIALLY DEMOLISH ENTRANCE CURB LF 354 $ 3.00 $ 1,061 PARTIALLY DEMOLISH EXISTING BITUMINOUS SY 1,354 $ 2.50 $ 3,384 REMOVE EXISTING FENCE LF '2,064 $ 1.50 $ 3,096 FILL CY 1,000 $ 5.00 $ 5,000 EXCAVATION CY 1,000 $ 5.00 $ 5,000 ELECTRICAL SERVICE LS 1 $ 15,000.00 $ 15,000 GAS SERVICE LS 1 $ 10,000.00 $ 10,000 WATER BUILDING SERVICE LS 1 $ 5,000.00 $ 5,000 SANITARY BUILDING SERVICE LF 1 $ 5,000.00 $ 5,000 TELEPHONE LS 1 $ 5,000.00 $ 5,000 SITE ELECTRICAL LS 1 $ 15,000.00 $ 15,000 SITE MECHANICAL SF 1 $ 15,000.00 $ 15,000 CONCRETE CURB AND GUTTER LF 289 $ 12.00 $ 3,463 CRUSHED AGGREGATE BASE COURSE TN 115 $ 13.00 $ 1,495 BITUMINOUS CONCRETE TN 50 $ 45.00 $ 2,268 MARKING HANDICAP AREA LS 1 $ 500.00 $ 500 SIDEWALK SF 10,324 $ 4.50 $ 46,458 CONCRETE DECK AND DECK DRAINS SF 24,505 $ 5.00 $ 122,527 TOPSOIL SY 2,500 $ 1.50 $ 3,750 SOD SY 2,500 $ 2.00 $ 5,000 EXIT TURNSTILE EA 1 $ 3,000.00 $ 3,000 8'-0" VINYL COATED FENCE LF 1,195 $ 30.00 $ 35,844 ORNAMENTAL FENCE LF 165 $ 50.00 $ 8,225 TOTAL 2.3 BATHHOUSE $ 382,627 BATHHOUSE FIRST FLOOR ARCHITECTURAL SF 5,230 $ 75.00 $ 392,250 BASEMENT ROOM SF 1,280 $ 40.00 $ 51,200 BATHHOUSE MECHANICAL SF 6,510 $ 30.00 $ 195,300 BATHHOUSE ELECTRICAL SF 6,510 $ 20.00. $ 130,200 BATHHOUSE FURNISHINGS/LOCKERS LS 1 $ 35,000.00 $ 35,000 CONCESSION EQUIPMENT LS 1 $ 25,000.00 $ 25,000 TOTAL $ 828,950 TOTAL CONSTRUCTION ITEMS 2.1 THROUGH 2.3 $ 1,301,577 2.5 PROFESSIONAL FEES AND MISCELLANEOUS CITY COSTS LS PRINTING OF CONTRACT DOCUMENTS FOR BIDDING LS $ 2,500 GOVERNMENT REVIEW FEES LS $ 1,500 SOILS AND MATERIALS TESTING LS $ 10,000 PROFESSIONAL SERVICE FEES @ 8.0% LS $ 104,126 CONTINGENCY @ 10% LS $ 130,158 TOTAL $ 248,284 TOTAL CHASE 2 ~ ~ M $ 1,549,861 ~"OTAL PHASE 1 AND 2 $ 2,370,392 ___ FUTURE SPRAY POOL 3.1 GENERAL CONDITIONS/BOND/MOBILIZATION BOND @ 1.5% LS $ 1,500 GENERAL CONDITIONS @ 4.0% LS $ 4,000 MOBILIZATION @ 0.5% LS $ 2,000 $ 100, 000.00 TOTAL $ 7,500 3.2. SITE WORK STONE FILL TN 500 $ 12.00 $ 6,000 EXCAVATION CY 500 $ 6.00 $ 3,000 SITE ELECTRICAL SF 1,300 $ 3.00 $ 3,900 SITE MECHANICAL SF 1,300 $ 3.00 $ 3,900 CONCRETE DECK AND DECK DRAINS SF 3,623 $ 5.50 $ 19,924 TOPSOIL SY 300 $ 1.50 $ 450 SOD SY 300 $ 2.00 $ 600 TOTAL $ 37,774 3.3 SPRAY POOL SPRAY POOL PLAY STRUCTURE LS 1 $ 50,000.00 $ 50,000 SPRAY POOL SF 1,300 $ 12.00 $ 15,600 PAINT SPRAY POOL SF 1,300 $ 2.50 $ 3,250 POOL WATER TREATMENT/DISTRIBUTION SYSTEM LS 1,300 $ 9.00 $ 11,700 POOL HEATER SURGE TANK EA LS 1 1 $ $ 4,000.00 5,000.00 $ $ 4,000 5,000 POOL WATER TREATMENT SYSTEM LS 1 $ 5,000.00 $ 5,000 TOTAL TOTAL CONSTRUCTION ITEMS 3.1 THROUGH 3.3 3.4 PROFESSIONAL FEES AND MISCELLANEOUS CITY COSTS LS PRINTING OF CONTRACT DOCUMENTS FOR BIDDING LS GOVERNMENT REVIEW FEES LS SOILS AND MATERIALS TESTING LS PROFESSIONAL SERVICE FEES @ 8.0% LS CONTINGENCY @ 10% LS TOTAL -TOTAL FUTURE SPRAY POOL $ 94,550 $ 139,824 1 $ - 1 $ 1,000.00 $ 1,000 1 $ 500.00 $ 500 1 $ 2,000.00 $ 2,000 1 $ 11,186 1 $ 13, 982 TOTAL PHASES 1,2 AND FUTURE SPRAY POOL $ 28,668 $ 168,492 $ 2,538,884 ~, / Richfield Outdoor Pool Operating Budget Forecast C / REVENUE ~ ~~~• ~ . •- CHG FOR SER CHG FOR SER DAILY ADMISSIONS $65,060 $68,848 DAILY ADMISSIONS $127,150 Daytime rate, more than 42" 8400 @ $5.63 Daytime Rate 17,000 @ $6.10 Daytime rate, less than 42" 1200 @ $3.29 Evening Rate 5,000 @ $4.69 Evening rate, more than 42" 3000 @ $4.23 Evening rate, less than 42" 400 @ $2.82 SEASON PASS $57,480 $48,166 SEASON PASS $86,543 Single Season Ticket 180 @ $33.80 Resident 1,500 @ $28.17 Season Ticket 2 170 @ $56.34 Non-Resident 900 @ $37.56 Season Ticket 3 190 @ $74.18 Day Care 300 @ 28.17 Season Ticket 4 170 @ $92.02 Assistance Ticket 80 @ $12.68 Season Ticket 5 70 @ $107.98 Season Ticket 6+ 30 @ $125.82 Assistance Ticket 80 @ $9.39 GROUP DISCOUNT $9,730 $10,479 GROUP DISCOUNT $15,480 2,300 @ $4.23 3,000 @ $5.16 DAY CARE PASS $9,090 $8,954 DAY CARE PASS Included in $0 440 @ $21 season pass RENTAL - NO TAX $8,850 $9,809 RENTAL - NO TAX $18,650 Non-Prime Time 60 hr @ $50 Non-Prime Time 60 hr @ $65.00 Prime Time 90 hr @ $65 Prime Time 160 hr @ $80.00 ENTAL -TAX $3,100 $3,653 RENTAL -TAX $5,400 10 hr @ $50 30 hr @ $55 40 hr @ $65 60 hr @ $70 CONCESSIONS $27,500 $24,456 CONCESSIONS $32,000 LESSONS $12,720 $14,458 LESSONS $15,230 Red Cross 300 @ $32 Red Cross 350 @ $33 Pre-Beginner 80 @ $32 Pre-Beginner 30 @ $33 Waterbabies $0 Waterbabies 8 @ $33 Water Tots $0 Water Tots 8 @ $33 Private Instruction 40 @ $14 Private Instruction ~ 40 @ $14 SALES TOTAL $0 $193,530 $188,823 SALES TOTAL $0 $300,453 OVER/SHORT $18 OVER/SHORT Other Ref/Re $0 Other Ref/Re MISC REV $1,293 MISC REV Cell Tower Revenue Operating Transfers In $0 $25,000 Operating Transfers In SALE OF PR SALE OF PR TOTAL 3780 $0 $26,311 TOTAL 3780 $0 TOTAL REVENUE $0 $193,530 $275,134 TOTAL $0 $300,453 Richfield Outdoor Pool Operating Budget Forecast EXPENDITURES ~ • • •' • ~ • - PERSONAL SERVICES PERSONAL SERVICES Seasonal employees $105,660 $96,932 Seasonal employees $142,260 1 Coordinator (0 hr) $0 1 Coordinator (370 hr) $5,850 3 Supervisors (1,400 hr) $15,780 3 Supervisors (1,050 hr) $13,810 28 Aquatic (7,200 hr) $65,590 28 Aquatic (10,000 hr) $88,000 10 Cash/Conc (1,440 hr) $10,840 12 Cash/Conc (2,500 hr) $20,300 6 Attendants (550 hr) $3,410 8 Attendants (600 hr) $3,700 1 Maintenance (630 hr) $7,230 1 Maintenance (750 hr) $7,700 1 Clerk (270 hr) $2,810 1 Clerk (270 hr) $2,900 Overtime $0 $1,513 Overtime $0 FICA $6,550 $6,104 FICA $g~g2p Medicare $1,530 $1,427 Medicare $2,034 Employee PERA $0 $0 Employee PERA $0 Worker's Comp. $5,890 $5,401 Worker's Comp. $6,200 Interdepart.labor $30,080 $25,132 Interdepart.labor $31,380 Ice Arena-4840 $25,150 Ice Arena-4840 $26,450 Govt Bldg-4250 $4,370 Govt Bldg-4250 $4,370 Water Mtc-4836 $120 Water Mtc-4836 $120 Park Mtc-4751 $320 Park Mtc-4751 $320 Street Mtc-4220 $120 Street Mtc-4220 $120 PERSONAL SERVICES TOTAL $149,710 $136,509 PERSONAL SERVICES TOTAL $190,694 OTHER SERVICES &CHG OTHER SERVICES &CHG Professional Service $1,750 $2,516 Professional Service $2,000 Plumbing $650 Plumbing $500 Printing $450 Printing $500 Electrical $650 Electrical $500 Painting $0 Painting $500 Rents & leases $920 $740 Rents & leases $g70 Tools $120 -Tools $120 Inst. Equipment $110 Inst. Equipment $110 Videos $50 Videos $0 Controller $640 Controller $640 Date Process Rental $1,090 $1,034 Date Process Rental $1,230 Fixed Rental $1,330 $0 Fixed Rental $p Lawn Mower Lawn Mower Equip. Rent-Operatio $760 $76 Equip. Rent-Operatio $0 Maintenance & repair $1,890 $0 Maintenance & repair $1,850 Office Equipment $120 Office Equipment $100 Concession Equip. $170 Concession Equip. $200 Motors/Pump $550 Motors/Pump $600 Electrical $300 Electrical $200 Plumbing $500 Plumbing $500 Irrigation $250 Irrigation $250 Waterslide $0 Waterslide $0 Utility services $28,050 $24,275 Utility services $35,500 Gas $9,050 Gas $14,000 NSP $8,900 NSP $9,000 Water/Sewer $10,100 Water/Sewer $12,500 Advertis. &Publictn $2,550 $2,896 Advertis. &Publictn $3,450 Ads & Flyers $2,100 Ads & Flyers $2,700 Inst. Books $50 Inst. Books $50 Brochure $400 Brochure $700 n Richfield Outdoor Pool Operating Budget Forecast EXPENDITURES ~ ' ~~' ~ ~ •' ' 'Communication $1,490 $1,455 Communication $3,130 Office Phone $1,260 Office Phone $1,550 Pay Phone $200 Pay Phone $0 Long Distance $30 Long Distance $30 E36Chemical Monitor $1,550 Travel-confer-school $750 $425 Travel-confer-school $750 Mileage $200 Mileage $200 Seminar $350 Seminar $350 CPO $200 CPO $200 Membership Sub. $210 $0 Membership Sub. $170 NPRA $70 NPRA $70 MRPA $90 MRPA $100 Magazine $50 Magazine $0 Insurance & bonds $4,500 $3,547 Insurance & bonds $4,500 Property liability $900 $900 Property liability $900 Licenses $180 $0 Licenses $250 Conc, pool Conc, pool Contracts $810 $447 Contracts $960 Red Cross $450 Red Cross $600 SKB Environmental $150 SKB Environmental $150 Alarm $210 Alarm $210 Office supplies $200 $160 Office supplies $400 Paper, pens, pencils Paper, pens, pencils Copying charges $80 $0 Copying charges $80 Postage $500 $963 Postage $700 Clothing $1,900 $1,348 Clothing $1,200 Swim Suits $950 Swim Suits $1,000 Sweat Shirts $500 Sweat Shirts $0 T-Shirts $450 T-Shirts $50 Lettering $0 Lettering $150 Parts and Tools $200 $0 Parts and Tools $p Hdwe, hand/power tools Hdwe, hand/power tools Maint & Cont. Materi $1,070 $0 Maint & Cont. Materi $1,070 Sprinkler System $150 Sprinkler System $150 Treated Lumber $100 Treated Lumber $100 Valves & Motors $500 Valves & Motors $500 Plumbing/Pipes $220 Plumbing/Pipes $220 Caulk/Patch $100 Caulk/Patch $100 Chemicals $7,720 $4,877 Chemicals $7,000 Caustic $4,900 Caustic $3,900 Chlorine $2,600 Chlorine $2,600 Muriatic Acid $100 Muriatic Acid $100 Sodium Bicarbonate $0 Sodium Bicarbonate $400 General Supplies $5,430 $20,056 General supplies $7,180 Signs $100 Signs $100 Safety Products $400 Safety Products $500 Kickboards $100 Kickboards $100 Teaching Equipment $250 Teaching Equipment $250 Paint & Paint Supplies $1,800 Paint & Paint Supplies $200 Paper Products $330 Paper Products $330 L.G. Equipment $250 L.G. Equipment $250 Garbage Containers $50 Garbage Containers $50 1 Richfield Outdoor Pool Operating Budget Forecast EXPENDITURES ~, • ~ ' ~• • ~ ~~ .- . • - -General Supplies (continued) Electrical Supplies $300 Electrical Supplies $300 Plumbing $500 Plumbing $500 Patches $250 Patches $250 Ropes/Floats $150 Ropes/Floats $150 Concession Equip. $200 Concession Equip. $200 Cleaning Supplies $750 Cleaning Supplies $1,000 Deck Chairs $0 Deck Chairs $2,000 Tables $0 Tables $1,000 Other Charges $0 $124 Other Charges $100 CHARGES 8~ SERVICES TOTAL $64,280 $65,839 CHARGES 8 SERVICES TOTAL $73,290 Pur Resale $13,500 $13,297 Pur Resale $16,000 PURCHASE FOR RESALE TOTAL $13,500 $13,297 PURCHASE FOR RESALE TOTAL $16,000 CAPITAL OUTLAY CAPITAL OUTLAY Other equipment $10,000 $0 Other equipment $0 Lounge Chairs $5,000 Lounge Chairs $0 Umbrellas $5,000 Umbrellas $0 Other Improvements $0 $17,538 Other Improvements $0 CAPITAL OUTLAY TOTAL $10,000 $17,538 CAPITAL OUTLAY TOTAL $0 IR Fund $0 $0 PIR Fund $0 PIR TOTAL $0 $0 PIR TOTAL $0 $0 TOTAL EXPENSES $237,490 $233,183 TOTAL EXPENSES $279,984 Personal Services $149,710 $136,509 Personal Services $190,694 Other Charges and Services $64,280 $65,839 Other Charges and Services $73,290 Supplies $13,500 $13,297 Supplies $16,000 Capital Outlay $10,000 $17,538 CapitalOuflay $0 Transfers Out $0 $0 Transfers Out $0 TOTAL EXPENDITURES $0 $237,490 $233,183 TOTAL EXPENDITURES $0 $279,984 TOTAL REVENUE $0 $193,530 $215,134 TOTAL REVENUE $0 $300,453 DIFFERENCE $0 ($43,960) ($18,048) DIFFERENCE $0 $20,469 _N O O a ~a L a ~~ ~ /'~ d O O a N O O N r~ ~ ,~ o ~ ~n O ~ a a N N . ~ a ~ ~ ~, a~ v d = o y a i N ~ a~ ~ a~ ~ N ~ ~ z ~ z Q Q a ~, a' ~, = r°n c ~ c a ~ D o ~ o ~ y o ~ o ~ ~ ~ ~ N ~ ~, ~ ~ ~, ~ ~ O 'V' f~ c1' O M lC~ M N C O N O O ~- ~ ~ ~ ~ ~ ~ ~ ~ a ~ ~ a ~ ~ ~ >, ~ ~ _ ' ~ 0 cNC 0 cNa R w c w m m ~ w ~ ~ a=i ~ a=i N N 'a ~.. a ~, . 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Lil O p `-' O '- O O p p O O O ~ ~ ~ p O p O In ~ ~ Efl d ~ ~ ~ ~ Efl '"~ ST. LC~UlS PARK REC CENTER 1998 FANf~LY AQUATIC PARK INCC3IUIEIEXPENSE REPORT AVERAGE ACTUAL ACTUAL, REVENUE 1992-1996 '~ 997 1998 Dai! Admissions $ 11,804.00 $ 137,953.00 ~' 5 290,512.00 Season Tickets -Residents $ 20.000.00 $ 135,406.00 S 187,061.00 Season Tickets -Non-Res. $ 2,800,00 $ 65,004.00 $ 32,359.00 Pool Rental $ 8,200A0 $ 7,375.00 S 7,059.00 Concessions $ 7,500.00 $ 62,313.00 $ 97,171.00 Misc. Income $ - $ 2.340.00 $ 3,145.00 TOTAL REVENUE: $ 50,300,00 $ 410,3 1.00 S 617,307.00 Less Taxes Actual Revenue $ $ 35,020.00 582,287.00 EXPENSES ~ dies ~ Insurance: _ ...~..~ _.~...~ 1=ifeguardslPool Monitors 5 .~....-...... 8 4~,~~v.vv ......,..~.._.,......... - .._.._..r - --- - - 5 --- -....,...Y .............._.......... 110,472.00 ........r-..,.a.. S 122 Tickets $ 31,496.DO S 36 Concessions $ - (w/tickets in 1897) $ 32 Pooi & Equipment Mtce. ~- $ - $ 14,021.00 _$ 26 Administrative 5 18 Su lies $ 16,800.00 $ 46,$64.00 S 83 Utilities $ 15,200,00 $ 18,557.00 $ 25 (~thEar ~ 5 8dn do ~ 3.695.00 ~ 17 0 AL 00.00 225,105.00 S 3 ,7 .00 NET PRQFIT $ X37,400.00} $ 1$5,286.00 $ 219,520.00 n:/groups /reclfacilityfrecctrfadmin/summary.xls TOTAL P.03 ~,.,c~c..~.~00..7 r. e1C ST. LOUiS PARK REC CENTER 2001 ~AMlLY AQUATIC PARK 1NCOMEIEXPENSE REPC'iRT REVENUE 1999 2000 n.,s~.. Ail.~n:eeinne ~ x$3.958 $ 241.687 43 Pool Rental , - - $ 10,444 $ _'1a,05~ Taxes ~ 36,158. _ ~ - _ 30,389 Misc. Income $ 4,113 TOTAL REVENUE; $ 559,214 $ 6T6,899 EXPENSES. Salafies ~ Insurance: _ Lifeguards/Pool MOnitot5 $ 115,074 $ 139,241 Tickets $ 30,932 $ 9,620 Concessions (w/ tickets in 1997} $ 28,552 $ 33,338_ Poot ~ Equipment Mtce. $ 11,659 $ 30,558 Administrative S 19,07Q $ 20,215 Supplies $ 81,783 $ 86,488 Utilities $ 26,613 $ 29,967 Other $ 24,136 $ 5,757 NET PROFIT $ 228,237 $ 24'4,326 tool $ 271,558 $ zi 7,9so $ 4s,sss $ 12,968 $ 84,696 "~"~'"' 644,070 $ 37,681 $ 400,331 $ 243,739 N:IRec Censer/Aquatic Psrk/AdminlSurnmary.xis ~ vua EDI?`TA AQI.JATYC CENTER GENER.AI, ADMISSIOI~I REVENUE YEAR REVENUE 2001 $152,981.89 2000 150,09fl.86 1999 129,b61.80 ~J~ 1998 141,079.09 1997 X,388.99 `7~ 1 1996 92,359.92 1995 82,076.23 1994 52,25'7.02 1993 50,322.00 1992 41,066.00 1991 18,248.00 1990 19,987.00 1989 30,155.40 1988 2?,139.00 1987 21,150.88 1986 19,38094 1985 14,647.00 ~Y•1 V V J EDINA AQUATIC CENTER ~ SEASOl~i TICKETS ~~ #PASSES 2001 3,167 aooa 3,264 1999 4,064 1998 3,319 1997 2,268 1996 2,910 1995 2,721 1994 2,335 1993 1,723 1992 1,424 1.991 1,480 1990 1,305 1989 1,3&9 1988 1,441 198'7 1,564 1986 1,406 !gJ V U %~ EDINA AQUATIC CENTER SEASON TICKET REVENUE YEAR REVENCIE 2001 5353,119.26 2aaa 373,798.35 1999 32&,114.29 1998 2$1,84$.63 1997 153,711.96 1996 194,142.31 1995 17b,3b7.37 1994 14$,399.38 1993 107,769A4 1992 90,392.00 1991 58,519.00 1994 56,867.00 1989 54,184.44 1988 63,47.3.$1 1987 63,i 81.bb 1986 54,214.59 1985 46,911.44 ~ vuts F,DINA AQUATIC CENTLIt __ GC3NCE,S$IONS REVENUE YEAR LESS COST OF GOODS SOLD 2001 $62,632.52 2000 52,220.27 1999 52,629.45 1998 53,312.56 1997 16,979.38 1996 31,803.24 1995 30,523.93 1994 22,775.66 2 993 21,322.08 1992 19,520.00 1991 13,556.00 1990 13,A46.00 1989 11,842.00 1988 11,b85.23 1987 10,408.18 1986 12,094.18 1 Q85 9,772.00 __- ___ ____ v+++ v+ a.+iaA~n EDTNA AQUATIC CENTER RENTAZ. REVENUE REVENUE 2001 ~ 16,009.40 2000 15,397.00 1999 15,381.50 1998 2,922_SO 1997 10,041.63 1996 9,730.3? 1995 ~ 9,208.00 1994 5,936.00 1993 12,206.04 ) 00 3 580 1992 - . 0, 1391 13,832.00 l 990 9,225.00 19ss s,4la.oo 1988 8,763.00 1987 ?,720.00 1986 9,198.00 1985 6,901.00 tgJUU7 YEAR 2001 24aa 1999 199$ 1997 1996 1995 1994 1993 1992 1991 1990 1989 1988 1987 z98b 1985 viii Vi' LL 1121 EDINA AQUATIC CENTER ATTENDANCE ATTENDANCE 115,aa0 125,000 132,004 13fl,000 9a,aoa 113,476 lzs,aa8 $4,257 68,049 45,413 51,ao4 52,599 53,167 62,141 55,595 SO,S6? 45,953 X1002 n J Comparisons Between ~. Area Outdoor Pool Renovation Pro'ects The following pages indicate the effects of a pool renovation on the facility's operating and revenue budgets. The Cities of St. Louis Park and Edina have conducted renovation projects in recent years and the renovation of the City of Bloomington's outdoor pool is currently in progress. To clarify, these projects are not identical in scope and magnitude. Here is more detail about these pool renovations: Spiral and tunnel slides, a tire swing, sprays, fountains and other water-in-motion amenities. For easy entry, water depth begins at zero and increases to 18 inches. The Edina Aquatic Center also features an Olympic-size pool with a 215-foot twisting water slide, athree-meter diving board, City of Edina two one-meter diving boards and lap-swimming lanes. For swimmers' comfort, the water temperature in both pools is at least 84 degrees Fahrenheit. When it's time for a break, swimmers can relax in lounge chairs ortake shelter under large shade umbrellas. Afull-service concessions area, located near the children's pool, offers light _ meals and snacks. St. Louis Park's "state-of-the-art" aquatic park features - • 20,000 square feet of water • Water playground with geysers and splash toys • 25-meter lap pool t;ity of St. Louis Park ~ Zero-depth entry to allow visitors to wade into the water: • Two drop slides • Two winding water slides nearly four-stories high. • Wet sand playground • Picnic gazebo __ _ Concession stand Construction began the second week of August 2001 on the renovation of the former Valley View Pool. The pool will be upgraded to the new standards of a "family aquatics park." City of Bloomington Amenities will include zero-depth entry, water play features such as a beach boat slide, tumble buckets and arch spray sets, as well as a renovated bathhouse. The City Council approved $3.6 million for renovation, which is being funded entire) from existing capital replacement funds. AGENDA SECTION: Consent AGENDA ITEM # 4D REPORT # 4 r STAFF REPORT CITY COUNCIL MEETING JANUARY 8, 2002 REPORT PREPARED BY: CHERYL KRUMHOLZ, ADMIN. ASSISTANT NAME, TITLE n REPORT PRESENTER: REVIEWED BY CITY MANAGER: NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution regarding Council Member attendance at Council meetings. I. RECOMMENDED ACTION: By Motion: Approve the resolution regarding attendance by Council Members at Council meetin s for 2002. III. BACKGROUND Subsection 205.15 of the Richfield City Code establishes an attendance policy for Council Members. The policy requires attendance to be taken at every regular and special meeting of the City Council and provides for the imposition of a monetary penalty for unexcused absence from a Council meeting. The policy may be annually invoked by resolution of the City Council III. BASIS OF RECOMMENDATION A. POLICY • The Richfield City Code establishes attendance rules, which may be invoked, for any calendar year by Council resolution. Council Members have requested that this matter be placed on the agenda for consideration at the January 8, 2002 meeting. B. CRITICAL ISSUES • None. SAMANTHA ORDUNO, CITY MANAGER 0108attendance C. FINANCIAL J None. D. LEGAL • None. IV. ALTERNATIVE RECOMMENDATION~S~ • Defer action on this item to another Council meeting. V. ATTACHMENTS • Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. RESOLUTION NO. RESOLUTION REGARDING ATTENDANCE BY COUNCIL MEMBERS AT COUNCIL MEETINGS WHEREAS, the attendance of Council Members at meetings is one of the most important duties imposed by law on members; and WHEREAS, member presence to participate in hearings, deliberations and decisions of the Council is essential to the proper discharge of the member's official duties; and WHEREAS, recognizing-that it is not always possible-for a member to be present at all meetings and that by reason of business demands, state of health, personal problems, vacations and other matters, occasional absences are excusable; and WHEREAS, Subsection 205.15 of the Richfield City Code establishes rules for attendance at City Council meetings that may be invoked by resolution of the Council. NOW, THEREFORE, BE IT RESOLVED, by the City of Richfield, Minnesota that the following rules apply to absences of Council Members from meetings during calendar year 2002: 1. This resolution applies to all regular meetings of the Council, as defined in Subsection 205.01 of the Richfield City Code. This resolution also applies to duly called special business meetings of the Council. The resolution does not apply to special informational or special ceremonial meetings. Special Council meetings are those called pursuant to Subsection 205.03 of the. Richfield City Code. For purposes of this resolution, special meetings are further categorized as: a) Special business meetings. Special business meetings include: Special meetings called to conduct official business of the City where the Council considers action requiring a vote of the City Council; special work study meetings; and special meetings called for the purpose of conducting a public hearing. b) Special informational meetings. Special informational meetings are those called for the City Council to receive information or to participate in discussion but where no official action of the City Council is taken, except that the term does not include special work study meetings or meetings called for the purpose of conducting a public hearing. c) Special ceremonial meetings. Special ceremonial meetings are those called for ceremonial activities but where no official action of the City Council is taken, including ribbon cuttings, community celebrations and similar activities. 2. Any member of the Council desiring to be excused shall insofar as possible, give advance notice to the City Manager stating i) the meeting at which the member will be absent; ii) the member's reason for being absent; and iii) the member's location during the meeting. 3. At the beginning of each regular or special business meeting, the Clerk shall call the roll. If a member is absent, the City Manager shall report any communication from the absent Council Member regarding the reason for absence. The Mayor shall request the Council Members to determine whether the absence is excusable or inexcusable. 4. For each unexcused absence from a regular or special business meeting, the absent member shall be penalized by a fine of $25 and the Mayor, if absent, shall be penalized by a fine of $50. The fine. shall be automatically deducted from the next Council Member payment unless otherwise directed by a majority of the City Council Members present. 5. This resolution remains in effect until December 31, 2002 unless revoked prior to that date by resolution of the City Council. This resolution supersedes Resolution No. 8995. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of January, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: Consent AGENDA ITEM # 4 C REPORT # 3 STAFF REPORT CITY COUNCIL MEETING JANUARY 8, 2002 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: NAME, TITLE C S REGIS, FINANCE MANAGER E, TITLE D.~i .~~~ REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of resolutions designating official depositories for the City of Richfield for 2002, including the approval of collateral. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolutions designating official depositories, with the understanding that the City could not invest in any of the. depositories beyond the level of insurance coverage of the pledged collateral II. BACKGROUND N/A III. BASIS OF RECOMMENDATION A. POLICY • In accordance with Minnesota Statutes Section 118A.01 - 118A.06, the City of Richfield must designate financial institutions annually. The institutions must pledge the collateral over and above the amount of federal insurance, as public depositories. CityDepositories01022002 • Richfield Bank & Trust Company, pledging $6,000,000 of collateral, has fulfilled this requirement and should be considered as a depository for the City's Deputy Registrar, payroll and vendor accounts and all savings deposits in excess of $100,000. • The City must also designate annually, certain savings and loan associations and banks as official depositories for investment of certain City funds. With approval of these official depositories, the City will be able to invest funds in these institutions, not exceeding the federal insurance of $100,000. • Finally, a designation must be made for certain financial .institutions as depositories for the investment of City funds for 2002. These institutions, such as investment brokerage firms, offer government securities in the manner required by law. These financial institutions include Richfield Bank & Trust Co., Piper Jaffray Inc., Dain Rauscher, Wells Fargo Brokerage Services, Morgan Stanley Dean Witter, Miller, Johnson & Kuehn, Inc., Morgan Keegan and N.A. Investment Services, Inc. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • The City is required by Minnesota Statute 118A.01 - 118A.06, to designate as a depository of funds, insured banks or thrift institutions. Any collateral so deposited is accompanied by an assignment pledged to the City in the amount specified in the attached resolutions. IV. ALTERNATIVE RECOMMENDATION~S~ • The City Council could solicit other financial institutions for official depositories, but past relationships with the depositories recommended have proven satisfactory for the City. V. ATTACHMENTS • Resolution designating the Richfield Bank & Trust Company a depository of funds of the City of Richfield for the year 2002 and approving collateral. • Resolution designating certain savings and loan associations and banks as depositories for the investment of City funds in 2002. • Resolution designating certain financial institutions as depositories for the investment of City of Richfield funds in 2002. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. RESOLUTION DESIGNATING THE RICHFIELD BANK AND TRUST COMPANY A DEPOSITORY OF FUNDS OF THE CITY OF RICHFIELD FOR THE YEAR 2002 AND APPROVING COLLATERAL BE IT RESOLVED, by the City Council of the City of Richfield as follows: That, in accordance with Minnesota Statutes, Section 118A.01- 118A.06, the Richfield Bank and Trust Company be, and hereby is designated a depository of the funds of the City of Richfield, subject to modification and revocation at any time by said City, and subject to the following terms and conditions: The said depository shall not be required to give bonds or other securities for such deposits provided that the total sum thereof shall not at any time exceed in any depository the sums for which its deposits are insured under the Acts of Congress of the United States relating to insurance of bank deposits; but that in case such deposits in any such depository shall at any time exceed such insured sum, said depository shall immediately furnish bonds or other security for such excess according to law, approved by the City Council of said City. That said depository shall pay on demand all deposits therein; and shall pay all time deposits, at or after the end of the period for which the same shall be deposited, on demand. BE IT FURTHER RESOLVED, that there shall be maintained a general account in ~- which shall be deposited all monies from the water, sewer, storm sewer, liquor, swimming pool/ice arena, deputy register fees, City permits and other deposits not otherwise specifically provided for. The following officers or their facsimile signatures shall sign checks on this account; SAMANTHA ORDUNO, CITY MANAGER STEVEN L. DEVICH, TREASURER BE IT FURTHER RESOLVED, that there shall be a daily interest savings account. All withdrawals from said account will be for transfers to the general checking account. BE IT FURTHER RESOLVED, that collateral in the amount of $1,000,000 is deposited for safekeeping at the Federal Reserve Bank of Minneapolis, is hereby approved. Passed by the City Council of the City of Richfield, Minnesota this 8th day of January, 2002. ATTEST: Martin J. Kirsch, Mayor Nancy Gibbs, City Clerk RESOLUTION NO. `' RESOLUTION DESIGNATING CERTAIN SAVING AND LOAN ASSOCIATIONS AND BANKS AS DEPOSITORIES FOR THE INVESTMENT OF CITY FUNDS IN 2002 BE IT RESOLVED, by the City Council of City of Richfield, Minnesota WHEREAS, pursuant to Minnesota Statutes, Sections 118A.01 - 118A.06, municipal funds may be deposited in any Savings and Loan Association or Bank which has its deposits insured by the Federal Savings and Loan Insurance Corporation (FSLIC) or the Federal Deposit Insurance Corporation (FDIC); and WHEREAS, the amount of said deposits may not exceed the FSLIC/FDIC insurance covering such deposits which insurance amount is presently $100,000; and WHEREAS, the deposit of City funds in Savings and Loan Associations and Banks would provide greater flexibility in the City's investment program and maximize interest income thereon. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. It is hereby found and determined that it is in the best interest of the proper management of City funds that various banks be designated as additional depositories for City funds for 2002. 2. It is further found and determined that the purpose of such depository designation is to facilitate the proper and advantageous investments of City funds and that such designation is not exclusive nor does it preclude the deposit of any City funds in other officially designated depositories of the City. 3. The Treasurer and Finance Manager are hereby authorized to deposit City funds in various depositories up to the amount of $100,000, or such other amount as may be subsequently permitted by law, such deposits to be in the form of demand accounts for Public Unit Savings Certificates purchased by the City, payable to the City of Richfield on the signatures of the City Treasurer of Finance Manager. Such .deposits may be made and withdrawn from time to time by the Treasurer or Finance Manager as his best judgment and the interests of the City dictates. 4. The investment of funds and the reporting thereof pursuant to this resolution shall be conducted in accordance with established policies of the City regarding the investment of City funds. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of January, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. -' RESOLUTION DESIGNATING CERTAIN FINANCIAL INSTITUTIONS AS DEPOSITORIES FOR THE INVESTMENT OF CITY OF RICHFIELD FUNDS IN 2002 WHEREAS, the City of Richfield has money which is available for investment; and WHEREAS, different financial institutions offer different rates of return on investments; and WHEREAS, the City of Richfield shall purchase U. S. Treasury Bills, U. S. Treasury Notes and other such government securities in the manner required by law from the institution offering the highest rate to the City of Richfield providing greater flexibility in the investment program and maximize interest income thereon. NOW, THEREFORE, BE IT RESOLVED, by the City of Richfield, Minnesota, in accordance with Minnesota Statutes, Sections 118A.01 -118A.06, as follows: 1. It is hereby found and determined that it is in the best interest of the proper management of City of Richfield funds that certain financial institutions be designated as additional depositories for City of Richfield funds for 2002. 2. The following financial institutions designated as depositories for the City of Richfield funds: Dain Rauscher, Inc. Miller, Johnson & Kuehn, Inc Wells Fargo Brokerage Services Morgan Stanley Dean Witter Piper, Jaffray, Inc. Morgan Keegan N.A. Investment Services, Inc. 3. The Treasurer and Finance Manager are hereby authorized to deposit the City of Richfield funds in any or all of the depositories herein designated. Such deposits may be made and withdrawn from time to time by the Treasurer or Finance Manager's judgment and as the interest of the City of Richfield dictates. 4. .The investment of funds and the reporting thereof pursuant to this resolution shall be conducted in accordance with established policies regarding the investment of these funds. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of January, 2002. ATTEST: Martin J. Kirsch, Mayor Nancy Gibbs, City Clerk 0 ~- STAFF REPORT CONSENT 4B 2 AGENDA SECTION AGENDA ITEM # REPORT # CITY COUNCIL MEETING JANUARY 8, 2002 REPORT PREPARED BY: CHERYL KRUMHOLZ, ADMIN. ASST. NAME, TITLE REPORT PRESENTER: STEVEN L. DEVICH, ADMINISTRATNE SERVICES DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ Z~ ~ ~ / ~ SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution designating an official newspaper for 2002. I. RECOMMENDED ACTION: By Motion: Approve the resolution designating for 2002 the Richfield Sun-Current as the official newspaper and the Star Tribune as the second official newspaper for the City of Richfield. II. BACKGROUND The Richfield Sun-Current, published by Minnesota Sun Publications, has been the City's official newspaper for many years. Attached is a copy of a letter from Minnesota Sun Publications requesting that they be designated the official newspaper for the City of Richfield for 2002. The 2002 advertising rate structure for legal notices is as follows: 1 Column width _ $14.30 per inch .$7.15 per subsequent inch 0108newspaper There are 11 lines per inch. The 2001 rate was the same as the rate proposed for ~ 2002. ~__1 For 2002, the Star Tribune should be considered as the second official newspaper to be used only in rare situations where more timely publication dates are required. The 2002 advertising rate structure for legal notices in the Sunday and week day, metro and statewide, issues is $3.78 per line. The 2001 rate was $3.13 per line.. III. BASIS OF RECOMMENDATION A. POLICY The Charter of the City of Richfield requires in Section 13.01 thereof that the City Council annual designate an official newspaper for the City. • The Sun-Current has expressed an interest in continuing to serve as the official newspaper of the City. • The Sun-Current has served well as the official paper for many years. The Sun-Current is delivered to nearly all residences in the City. B. CRITICAL ISSUES The designation must be made at the first meeting of the new year. C. FINANCIAL The cost for the official publications is reasonable. D. LEGAL. • A newspaper must be designated each year by the City for publication of all official and legal City business. IV. ALTERNATNE RECOMMENDATION~S~ Not make a designation and request the City Clerk's office to check into using another publication. V. ATTACHMENTS Resolution Letter from Minnesota Sun Publications. Fax from Star Tribune. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. n RESOLUTION NO. RESOLUTION DESIGNATING AN OFFICIAL NEWSPAPER FOR 2002 WHEREAS, the Charter of the City of Richfield requires in Section 13.01 thereof that the City Council annually designate an official newspaper for the City. NOW, THEREFORE, BE IT RESOLVED that the Richfield Sun-Current is designated the official legal newspaper for the City of Richfield for 2002 for all publications required to be published therein. BE IT FURTHER RESOLVED that the Star Tribune is designated as the City of Richfield's second official newspaper for 2002. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of January, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk n December 7, 2001 City of Richfield City Council 6700 Portland Avenue Richfield, MN 55423-2599 Dear City Council Members: ~~e~ ~ ~ 201 The Richfield Sun Current would like to be considered for designation as the legal newspaper for the City of Richfield far the year 2002. All published legal notices are posted on our website (www.mnsun.com~ at no additional charge. This is an enhancement to the local news coverage already available on the Internet and will broad- en the readership of your legal notices. One of the main benefits of publishing your legal notices with the Sun Current is our home delivery. Sun Newspapers has become the primary source of community news in the suburbs. Your notices in our paper have the best chance of being seen and read. ~espite rising costs of operating our newspapers, there will be no rate increase during the calendar year 2002.Our legal prices will remain the same. The rate structure for legals effective January 1, 2002 will be: 1 column width: $14.30 per inch for first insertion $ 7.15 per inch for subsequent insertions There are 11 lines per inch Two notarized affidavits on each of your publications will be provided with no additional charge. The deadline for regular length notices is 2:00 pm the Wednesday prior to publication. E-mailing the legal notices is an efficient and accurate way of getting the notices to us. The e-mail address for the legal department is legals@mnsunpub.com. We still accept notices on disk, faxed or through the mail. If you require more information to make your decision, please contact me or Meridel Hedblom, our Legal Representative, at 952-392-6880. Thank you for considering the Sun Current as the official newspaper for the City of Richfield in 2002. We appreciate the opportunity to serve the needs of your community. Sincerely, Gene Carr President and Publisher 10917 VArt,~ Vow Roan ~ ED$N PxaixiE ~ Mi~soTA 55344 ~ 952-829-0797 ~ Fax: 952-941-3588 ~`~.• 7 i!~~ iK1~u~V~ L1'a V~J ~OOy Y ` ~~~'~"° . ~~, • ~ ~ ~ ~ ~ P gi2-6~''70b ,~ TOa~ t~' f~ ~".~.'c'f~ .. /~ ~~ ~ ~~ ~t ~~ ~, T--_-. ~_ AGENDA SECTION: Consent AGENDA ITEM # 4A REPORT # L J STAFF REPORT CITY COUNCIL MEETING JANUARY 8, 2002 REPORT PREPARED BY: CHERYL KRUMHOLZ, ADMIN. ASSISTANT NAME, TITLE REPORT PRESENTER: SAMANTHA ORDUNO, CITY MANAGER NAME, TITLE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a designation of an Acting City Manager for 2002. I. RECOMMENDED ACTION: By Motion: Designate Steven L. Devich, Administrative Services Director, as the Actin Cit Mana er for 2002. II. BACKGROUND It is necessary to designate a person to serve as the Acting City Manager for those times when the City Manager is absent from the City. The Director of Administrative Services has previously been designated as the Acting City Manager. III. BASIS OF RECOMMENDATION A. POLICY • Past practice has been for the City Council to designate an Acting City Manager for times when the City Manager is absent from the City. • The Administrative Services Director-has previously been designated as the Acting City Manager. 0108manager B. CRITICAL ISSUES ~-% It is necessary to designate a person to serve as the Acting City Manager to ensure continuation of City operations during an absence of the Manager. C. FINANCIAL • N/A D. LEGAL. • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Defer this designation to another Council meeting V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None.