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10-22-01 AgendaCITY OF RICHFIELD, MINNESOTA • MONDAY, OCTOBER 22, 2001 SPECIAL CITY COUNCIL WORKSESSION COUNCIL CHAMBERS 6:00 P.M. AGENDA Call to order Roll call t. Briefing on Best Buy Draft~Supplemental-Environmental-Impact Statement..: . __ Adjournment SPECIAL CITY COUNCtL MEETING CITY HALL HEREDIA ROOM 6:45 P.M. AGENDA Call to order Roll call 1. interview of youth interested in serving on City advisory commissions Adjournment . REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open Forum (7-7:15 p.m.) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda.. Individuals who wish to address the Council must have registered prior to the meeting. Notes: • Adjournment Call to order Roll call Pledge of Allegiance Approval of minutes of (1) Special City -Council Worksession of October 8, 2001 and (2) Regular City Council Meeting of October 8, 2001 _ PRESENTATIONS ____ __. _. Presentation of proclamation designating National Domestic Violence Awareness Month -October 2001 2. Recognition of City of Richfield Make a Difference Day activity COUNCFL DISCUSSION Council attendance: at upcoming community meetings 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 appointment of HLB Tautges, Redpath, Ltd. as City's auditor for financial reporting fiscal years 2001-2003 S.R. No. 261 B. Consideration of approval of contract extension with Hennepin County to allow continued access to property information system from January 1 through December • 31, 2002 S.R. No. 262 C. Consideration of approval of first reading of transitory ordinance authorizing conveyance of real property to State of Minnesota Department of Transportation for highway improvements to I-494 and authorizing. conveyance of remnant parcel to Century Court Apartments and setting public hearing and second reading for • November 26, 2001 S.R. No. 263 D. Consideration of approval of re"solution authorizing amendment to conditional use permit to allow Eddie'z Auto Wash to complete site and building improvements to car wash and service station at 2816 West 66th Street' S.R. No. 264 E. Consideration of approval of request for currency exchange license renewal for. Community Money Centers., Inc., dba Money Centers, 6525 Nicollet Avenue S.R. No. 265 F. Consideration of approval of towing services contract renewal with Chief's Towing, Inc., 8610 Harriet Avenue, Bloomington, for December 2001 through November 2002 _ S:R. ~No. 266 G. Consideration of approval of reallocation of $2,200 in 2001 capital improvement budget to fund purchase of two new windows and one new door at Wood Lake Nature Center S.R. No. 267 Notes: OTHER BUSINESS 5. Consideration of new taxi license for Gada Taxi, 912-22nd Avenue South, Minneapolis Staff Report No. 268 Notes: 6. Consideration of revised plans and layout for 66th Street/Highway 77 interchange and local street improvements subject to signing agreement with Metropolitan Airports Commission for securing funds to acquire additional homes on 18th Avenue Staff Report No. 269 Notes: • 7. Consideration of appointments to fill youth terms on City's advisory commissions Staff Report No. 270 Notes: 8. Consideration of Mayor's appointment of Housing and Redevelopment Authority Commissioner for five year term expiring October 2006 Staff Report No. 271 Notes: 9. Report regarding Traffic Calming Committee for 66th/76th/Penn Avenue/I-35W area Notes: CITY MANAGER'S REPORT Notes: • 10. Claims and payrolls 11.Adjourn to Special City Council Closed Executive Session in Executive Conference Room to discuss New Ford Town/Rich Acres Park condemnation litigation 12. Reconvene Regular City Council meeting 13. Report regarding New Ford Town/Rich Acres Park condemnation litigation Open Forum (additional 15 minutes if more time needed after fist Open Forum and by majority vote of the City Council) Each speaker is to keep their comment period to three minutes to allow sufficient time for others.. Comments are to be an opportunity to address the Council on items not on the agenda. -Individuals who wish to address the Council must have registered prior to the meeting. Notes: • 14.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. r ~ u AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT Other Business 271 COUNCIL MEETING DATE: OCTOBER 22, 2001 REPORT PREPARED BY: CHERYL KRUMHOLZ, ADMIN. ASST. NanfE, TITLE • REPORT PRESENTER: MARTIN J. KIRSCH, MAYOR ITEM- FOR COUNCIL CONSIDERATION: Consideration of Council confirmation of Mayor's appointment of Housing and Redevelopment Authori Commissioner to fill an ex fired term. I. RECOMMENDED ACTION: By motion: Confirm the Mayor's appointment of an HRA Commissioner for a five ear term ex irin October 2006. II. BACKGROUND The term of HRA Commissioner Joan Helmberger expires October 2001. Commissioner Helmberger was appointed to the HRA in 1980. III. BASIS OF RECOMMENDATION A. POLICY • Under state law, the Mayor appoints HRA Commissioners subject to confirmation of the City Council.. The Mayor has indicated he will make an appointment to the HRA for a five year term at the October 22, 2001 Council meeting. B. CRITICAL ISSUES • To ensure a quorum at future meetings, the Council should take action on this item on October 22. • C. .LEGAL • The City Attorney will be available at the meeting to discuss this matter. 0214hra.doc IV. ALTERNATIVE RECOMMENDATION~S~ • The Council could decide not to confirm the Mayor's appointment. • If the Council does not approve the Mayor's appointment, a quorum. may not be • present at future HRA meetings. V. ATTACHMENTS None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING None. • • • AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING OCTOBER 22, 2001 OTHER BUSINESS 270 REPORT PREPARED BY: NAME, TITLE • REPORT PRESENTER: CHERYL KRUMHOLZ, ADMIN. ASST. MARTIN J. KIRSCH, MAYOR ITEM FOR COUNCIL CONSIDERATION: Consideration of appointments to fill youth terms on City advisory commissions. I. RECOMMENDED ACTION: By Motion: Appointment persons to fill the youth terms on the City's advisor commissions. II. BACKGROUND The Advisory Board of Health, Human Rights Commission and Friendship City Commission each has youth term vacancies. Advertisements were placed in the Richfield Sun, Your City newsletter, on the message board outside City Hall and the City's web page. Notices were also sent to Richfield High School and the Academy of Holy Angels. Terms are effective November 1, 2001 through August 31, 2002. Applicants were interviewed at Special City Council meetings on October 1 and October 22, 2001. • III. BASIS OF RECOMMENDATION A. .POLICY • The City advisory commissions were established by City ordinance or resolution. • The Mayor directs the City Manager's office to conduct a recruitment seeking applicants to fill expiring terms. 1022appointments • Interviews of the applicants are conducted at Special City Council meetings. These Council meetings were posted in accordance with the open meeting • law requirements. B. CRITICAL ISSUES • Applicants were interviewed at Special City Council meetings on October 1 and 8, 2001. • Terms are effective November 1, 2001 .through August 31, 2002. IV. ALTERNATIVE RECOMMENDATION~S~ • Defer appointments to another Council meeting. V. ATTACHMENTS • Vacancy list. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • • 0 0 0 0 0 N N N N N r r r r r M M M M M ~ N ~ N N ~ ~ ~ 7 7 ~ ~ ~ ~ ~ Q Q Q Q Q • U ~ ~ ~U C f0 U C C fB fif U (6 > (0 > ~ ~ N I N = I Z F - Z O J a 0 _ N ~ ~ 2 ~ ~ O ~ O Q ~ y ~ ~ ~ ~ ~ O _a ~ ~ _ N ° a z W D ~ Q 2 la • AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT Other Business 6 269 CITY COUNCIL MEETING OCTOBER 22, 2001 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: TOM FOLEY, TRANSPORTATION ENGINEER NAME, TITLE MIKE EASTLING, PUBLIC WORKS DIRECTOR ITEM FOR COUNCIL CONSIDERATION: Consideration to approve revised plans and layout for the 66th Street and Highway 77 interchange and local street improvements. I. RECOMMENDED ACTION: By Motion: Approve the attached revised layout and plan set for the 66th Street/Highway 77 Interchange and local .street improvements subject to signing an agreement with the Metropolitan Airports Commission for securing funds to acquire additional homes on 18th Avenue. • III. BACKGROUND ~ The Metropolitan Airports Commission (MAC) is the lead agency on this project and is working in cooperation with the City of Richfield and Minnesota Department of Transportation (MnDOT) to rebuild the 66th Street and Highway 77 interchange. Phase 1 of this project on the east side of Highway 77 is complete and includes new entrance and exit ramps at 66th Street. Phase 2 of this project includes: new entrance and exit ramps at 66th Street on the west side of Highway 77; a new bridge over Highway 77; and, widening 66th Street between 17th and Cedar Avenue to transition from four to eight lanes at the new bridge. Council approved all of the above improvements on November 22, 1999. 1022-66th_TH 771ayout_approval NAME, T/TLE The MAC has proposed revised plans for the Phase 2 portion of the project. Anew • street connection between Cedar Avenue and 18th Avenue is proposed. The new connection between Cedar Avenue and 18th Avenue will allow frontage road traffic on Cedar Avenue to access 66th Street by traveling on 18th Avenue between 66th Street and 67th Street. Also, MAC has proposed acquiring apartment buildings on Cedar Avenue north of 66th Street, all of the homes on the 6600 and-6700 blocks of 18th Avenue plus the American Family Insurance Claims Office on Cedar Avenue. The City has already notified property owners affected by the proposed acquisition. The MAC has made this proposal in response to Richfield residents' and. City Council's concerns that commercial traffic not disrupt residential streets.. These concerns were raised at a public hearing held on November 22, 1999.: At that time City staff suggested an interim design to add slip ramps from Highway 77 onto the existing Cedar Avenue to avoid commercial traffic traveling through residential areas. MAC also wants to complete all of the interchange work atone time rather than live with an interim solution for an indefinite period of time. City staff supports the proposed revised design. MAC has secured $10 million in federal funds to acquire the additional homes on 18th Avenue but an agreement between MAG and the City has not yet been finalized. Recent changes in airport activity have forced a delay of the Phase 2 construction until 2003. However, acquisition of homes along 18th Avenue can occur sooner than that. III. BASIS OF RECOMMENDATION A. POLICY • The new interchange of 66th Street and Highway 77 has been identified in the City's 2001 Capital Improvement Budget. The work will improve safety at the interchange. B. CRITICAL ISSUES • MAC has secured additional federal funds to acquire homes along 18th Avenue that would have been adversely affected by increased- traffic. C. FINANCIAL • The funds needed to complete the Phase 2 construction and the acquisition of additional. homes will come from the MAC and the Federal Aviation Administration. The MnDOT will provide funds for the new bridge and part of the cost of new ramps on the west side of • Highway 77. D. LEGAL • The City must approve the revised layout before construction of Phase 2 (the west ramps and the new 66th Street Bridge) can begin. The City Attorney will be available to answer questions. IV. ALTERNATIVE RECOMMENDATION(S~ • Council can choose to.delay layout..approval until the agreement with.MAC for acquiring additional right of way is signed. However, the agreement is based on the City approving the revised layout.. City staff sees no reason to delay layout approval • Council can reject the. revised layout and insist that the interim layout be built. .However, City staff believes that the revised layout is superior to the previously approved interim. layout and addresses residents' concerns involving traffic diversion to 18th Avenue. V. ATTACHMENTS • Maps (4) showing the proposed layout and proposed right of way acquisition. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. • 7~ _ L~J P~~se~ ---, Q B i ~i~ i 41 t~Bripge 1 v cP ~ o __~_- ~~ Figure 1 ,.. LJ n ~~ ti perties flp s ~~ ~lo ~~ Figure 3 Noise Impacts and Acquisition Strategy Z 0 ° z m~ z ~ Y ~ U O Q o ~ a Q o= ~ L O ~ r s r r o r~ r o (, 63rd 64th 65th I z OZ 0' ~ O O o "' ~ ch U ~ Y d j J w p Q O J = U O U i / gis / cd / staff /bill /project / mtgn inslbdys new.apr L L Z L L L ~ ~ ~ ~ o a ~ ~ Z w _ U 0 O J m LEGEND s 87db zone -- 78db zone 7Odb zone Homes Purchased w/ $5M ~ Properties to be Acquired w/ $1OM in AIP Funds ~ Properties to be Acquired by MAC * Soundproofed Homes RICHFIELD ENGINEERING 8-2001 • AGENDA SECTION AGENDA ITEM # REPORT # STAFF REPORT Other Business 268 CITY COUNCIL MEETING OCTOBER 22, 2001 • REPORT PREPARED BY: BETSY CxRISTENSEN, SUPPORT SERVICES DIVISION MANAGER NAME, TITLE REPORT PRESENTER: DAN SCOTT, DIRECTOR OF PUBLIC SAFETY NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~~ S/GNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for a new taxi license for Gada Taxi, 912-22nd Avenue South, Minnea olis. I. RECOMMENDED ACTION: By Motion: Approve or deny the request for a new taxi license for Gada Taxi, 912-22nd Avenue South, Minnea olis. II. BACKGROUND On August 29, 2001, the City received an application for a new taxi license for Gada Taxi. The applicant has paid the required fees. The applicant is the sole owner and currently the sole operator of the business. At the present time, only one vehicle will be licensed. The applicant, Etefa Tinti is the owner of Gada Auto Service, 7733 Portland Avenue South. He has no known criminal record. • The City has had previous contact with the applicant regarding operating a taxi company within the City limits. without a license. It was confirmed that the applicant had been operating a taxi company from his Richfield. service station at 7733 1022 Gada Taxi License Portland Avenue South. The contact initiated by Public Safety staff resulted in the issuance of a citation for non-compliance of City licensing. A formal complaint was . later initiated with the City Attorney's office. In August 2001, the applicant pled guilty to the charge of operating a taxi company without the proper City license.. He was fined $100 and was ordered to cease the activity until a license was obtained. Based on past experience, staff believes that it is possible that the applicant could attempt to continue to conduct taxi services from 7744 Portland Avenue. Since the current application indicates that the taxi business will operate out of Minneapolis, staff is requesting that no storage or service of taxis be allowed on the service station property to ensure that the taxi business is not being operated out of the 7744 Portland Avenue location. The applicant has indicated that only one vehicle will be used to pick up patrons within the City of Richfield. However, past experience has indicated that the applicant has several vehicles operating under the name of Gada Taxi. Therefore, staff believes it could be possible that more than one vehicle could end up operating within the City, which would then require the licensing of all Gada taxi- vehicles, not just the one applied for tonight. City Zoning Code Section 511.09 states that "only one principal building and use may be located on a lot." The current conditional use permit for the property is for gasoline and service station use only. Therefore, taxi services from this location would not be allowed under the current conditional use permit and would require an • application for a new use through zoning. The certificate of liability insurance has been submitted showing American Country Insurance affording the coverage. . The applicant has supplied the information regarding the make, body style and year of the vehicle to be operated by the applicant and agrees to supply this information. for any added vehicles in the future, as well as pay additional fees for additional operating vehicles making pick-ups within the City of Richfield. III. BASIS OF RECOMMENDATION A. POLICY • It appears that the applicant meets the standards set forth in the .ordinance. B. CRITICAL ISSUES • Staff is not making a specific recommendation to either approve or deny the request for a new taxi license. • Zoning requirements do not allow for more than 13 vehicles to be parked on the lot located at 7733 Portland Avenue. Although this taxi company will be located in Minneapolis, it is possible that the applicant could try to utilize some of the available parking space at the service station. Therefore, compliance with zoning requirements relative to the allowable number of vehicles located on the service station parking lot must be maintained, and there must be no parking of taxi vehicles on the property. • Zoning Code Section 511.09 allows for only one principal building and use on any one lot. Therefore, a taxi business is prohibited by the zoning code from operating on the same lot as the service station. • Only one vehicle is currently listed on the application to be licensed as a taxi cab. Therefore, no additional vehicles will be allowed to pick up patrons in the City without first obtaining the appropriate license. Future vehicles could be added to the license providing that the proper paperwork has been completed, fees paid, and proof of current liability insurance submitted, and it has been approved by the City Council. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • None • V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Etefa Tinti, Owner/Operator • • AGENDA SECTION: Consent AGENDA ITEM # 4 G REPORT # 2 6 7 ~~' STAFF REPORT CITY COUNCIL MEETING f~ • OCTOBER 22, 2001 REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE REPORT PRESENTER: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~'" ,- ~~ J' IGNATURE r _ REVIEWED BY CITY MANAGER: ~~ ITEM FOR COUNCIL CONSIDERATION: Consideration of reallocation of $2,200 in the 2001 capital improvement budget to fund the urchase of new windows and a door at Wood-Lake Nature Center. I. RECOMMENDED ACTION: By Motion: Approve the reallocation of $2,200 in the 2001 capital improvement budget to fund the purchase of two new windows .and .one new door at Wood Lake Nature Center. II. BACKGROUND The 2001 capital improvement budget includes the demolition of the Monroe Park Shelter and the construction of new shelters at Fairwood and Monroe Parks. The project was budgeted at $102,500. The latest estimate for the purchase and installation of two shelters, demolition of the existing Monroe shelter, site work, concrete pads, bituminous path, picnic tables, drinking fountains and lights is $75,500. Staff seeks Council authorization to use $2,200 from this project fund to purchase new windows and doors at Wood Lake Nature Center. 1022 wood lake windows III. BASIS OF RECOMMENDATION A. POLICY • Staff seeks Council authorization to make this change to the approved 2001 capital improvement budget. B. CRITICAL ISSUES • The deteriorated condition of two windows and a door at Wood Lake Nature Center has reached a point where we can no longer wait to replace them. These windows and door are rotting in place and have become very energy inefficient.. Their replacement will be cost- effective in terms of energy conservation and security. C. FINANCIAL • The Fairwood/Monroe Shelter project fund will show a surplus upon completion. The amount of this surplus is still uncertain, but staff is .sure that it wilt be at least $2,200. D. LEGAL • Staff seeks Council authorization to make this change to the approved . - 2001 capital improvement budget. IV. ALTERNATNE RECOMMENDATION(S~ • Do not approve the re-allocation of $2,200 from the Fairwood/Monroe Shelter project fund. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A • AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT Consent 4F 266 CITY COUNCIL MEETING OCTOBER 22, 2001 LJ REPORT PREPARED BY: JAY I IENTHORNE, POLICE LIEUTENANT NAME, TITLE REPORT PRESENTER: DAN SCOTT, DIRECTOR OF PUBLIC SAFETY NAME, TITLE DEPARTMENT DIRECTOR REVIEW: CA SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of renewal contract with Chief's Towing, Inc., for Public Safety towing services. I. RECOMMENDED ACTION: APPROVE THE RESOLUTION TO By Motion: Approve the attached December 2001 through November 30, 2002 towing service contract between the City and Chief's Towing, Inc., 8610 Harriet Avenue South, Bloomington, MN, and the 4.2% increase in charges contained therein. II. BACKGROUND The City currently has a contract with Chief's Towing Inc., for Public Safety towing services. Chief's Towing Inc., was awarded the contracf for the 2001 and would like to renew the contract for the year 2002 as the contract expires on November 30, 2001. The contract can be automatically renewed if both parties agree to the renewal and if Chief's notifies the City in writing 30 days in advance of the expiration of the contract that they wish to renew. Chief's Towing Inc., is located in the City of Bloomington and previously contracted with the City of Richfield for Public Safety towing services. Their performance during the contract period was satisfactory. They meet all requirements stated in the contract, and currently tow for Bloomington Police. 1022ChiefsTowingContractRenewal III. BASIS OF RECOMMENDATION • Chief's notified the City that they wish to renew the contract. • The Public Safety Department wishes to renew the contract with Chief's Towing, Inc. A. POLICY • Contracts for services need not be competitively bid. • The contract• has numerous conditions that must be met. Chief's Towing, Inc. is a reputable, established towing business that meets all contract requirements. B. CRITICAL ISSUES • A six-month notice must be given by either party in writing to terminate the contract. • On December 1, 2001, Public Safety must have towing services. This is particularly important with the possibility of snow emergencies occurring at any time. C. FINANCIAL • The current contract with Chief's reflects rates from 2000. Rates will. • increase 4.2 percent for the year 2001/2002. This is according to the Consumer Price Index as it relates to the Minneapolis/St. Paul Metropolitan area. • There is adequate funding in the Public Safety budget to cover the increased costs. D. LEGAL • The City Attorney has reviewed and approved the past contract with Chief's Towing, Inc. IV. ALTERNATIVE RECOMMENDATION(S~ • Do not sign the contract. However, Public Safety must have towing and impound services. V. ATTACHMENTS • Towing contract for 2001/2002. • Specification for 2001 Towing, Impounding and Storage of Motor Vehicles (Exhibit A). • Revised Proposal Form indicating rate change for contract year 2001/2002 (Exhibit B). • VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGREEMENT BETWEEN THE CITY OF RICHFIELD • AND CHIEF'S TOWING, INC. FOR TOWING, IMPOUNDING AND STORAGE OF MOTOR VEHICLES THIS AGREEMENT is made this 30th day of November, 2001, between the City of Richfield, a Minnesota municipal corporation located at 6700 Portland Avenue South, Richfield, Minnesota 55423 (hereinafter referred to as the "City"), and Chief's Towing, Inc., located at 8610 Harriet Avenue South (hereinafter referred to as the "Contractor"). WITNESSETH WHEREAS, the City has a need to contract for the towing, impounding and storage of motor vehicles; and WHEREAS, the City requires that the towing operators are located within three (3) miles of the City limits; and • WHEREAS, the Contractor is the operator of a towing and storage facility within three (3) miles of the City limits and has the expertise and capabilities to provide the required services; NOW THEREFORE, in consideration of the terms and conditions expressed herein, the parties agree as follows: TERM OF AGREEMENT The term of this Agreement shall be from December 1, 2001, to November 30, 2002, subject to termination as provided in Subdivision V. II. DUTIES OF CONTRACTOR A. The Contractor shall tow, impound, and store all motor vehicles, which are ordered removed under the direction of the police chief, or the fire chief, of the City of Richfield or their authorized and legal. representatives. The • Contractor shall be entitled to a charge for its towing and storage services pursuant to those fees specified in the Contractor's Proposal (Exhibit B). It is agreed that neither the City nor the Richfield Police Department is • responsible for any charges as a result of towing and/or storage, with the exception of those vehicles identified by the Police as subject to forfeiture, and that the Contractor assumes liability for any unpaid charges. B. The Contractor agrees to provide the services, as proposed, and perform all other terms and conditions according to the City's Specifications and the Contractor's Proposal, incorporated by reference herein as Exhibit A and Exhibit B. C. The Contractor shall defend, indemnify and hold harmless, the City of Richfield, its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from the Contractor's (including its officials, agents or employees), performance of the duties required under this Agreement, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of Contractor. D. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Contractor's staff as the agents, representatives or employees of the City for any purpuse in any manner whatsoever. The Contractor and its staff are to be and shall remain an independent contractor with respect to all services performed under this • Agreement. The Contractor represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of the Contractor or other persons, while engaged in the performance of any work or services required by the Contractor under this Agreement, shall have no contractual relationship with the City and shall not be considered employees of the City, and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other. persons while so .engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the Contractor, its officers, agents, contractors or employees shall in no way be the responsibility of the City; and the Contractor shall defend, indemnify and hold the City, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA. E. The parties agree to comply with the Minnesota State Human Rights Act, Minnesota Statutes, Section 363. F. The Contractor agrees to maintain for the full term. of this Agreement, the following minimum insurance coverage: a) $1,000,000.00 Comprehensive General Liability insurance, Business Auto Policy with $1,000,000.00 limits and Garage Keeper's Legal Liability. b) Workers' Compensation insurance covering all employees of the • Contractor, or his agents, in accordance with the Minnesota Workers' Compensation Law. Certifications of insurance must be filed with the City and shall include a provision that states the insurance company shall give the City at least 25 days written notice prior to cancellation, non-renewal, or any material change in the policy. The Contractor further agrees to name the City of Richfield as additional insured on said comprehensive general liability policy. G. The Contractor agrees to furnish on or before the date this Agreement becomes effective, an acceptable corporate surety bond in the amount of $10,000, payable to the City of Richfield and subject to approval by the Richfield City Attorney, for the faithful performance of all duties and obligations imposed under the terms and conditions of the Agreement. III. DUTIES OF THE CITY The City agrees to pay the Contractor the flat rate charge of $130.00 per vehicle for the towing and storage of vehicles identified by the Police Department as subject to forfeiture and which are subsequently released to the Police Department. IV. MISCELLANEOUS A. This agreement represents the entire Agreement between the Contractor and the City and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof; and amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. B. The Contractor agrees to comply with the Americans With Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and not discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. The Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought, alleging a violation of ADA and/or Section 504 caused by the Contractor. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs and activities. The City has designated coordinators to facilitate compliance with the Americans with Disabilities Act of 1990, as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. C. The Contractor will comply with all applicable provisions of the Minnesota Government Data Practices Act, Chapter 13 of the Minnesota Statutes. The Contractor agrees to comply with all applicable local, state and federal laws, rules and regulations in the performance of the duties of this contract. D. This Agreement shall not be assignable except at the written consent of the City. E. The books, records, documents, and accounting procedures of the Contractor, relevant to this Agreement, are subject to examination by the City, and either the legislative or state auditor as appropriate, pursuant to Minnesota Statutes, Section 168.06, Subdivision 4. F. The City and the Contractor agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The mediation shall be conducted through the Mediation. Center, 1821 University Avenue, St. Paul, Minnesota. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and commence such action prior to the expiration of the applicable statute of limitations. V. TERMINATION Either party may terminate this Agreement for any reason upon giving six (6) months advanced written notice to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first above written. • DATED: DATED: DATED: CITY OF RICHFIELD BY: Its Mayor BY: Its Manager CHIEF'S TOWING, INC. BY: Its: C EXHIBIT A C. • 2001 SPECIFICATIONS TOWING, IMPOUNDING AND STORAGE-OF MOTOR VEHICLES GENERAL: It is the intent and purpose of these specifications to specify and detail the requirements for the Towing, Impounding and Storage of Motor Vehicles for the City of Richfield 24 hours per day, 365 days per year, on an as needed and_directed basis. Such direction is to be by the Chief of Police, the Fire Chief, or their authorized and legal representatives. The contract for service shall commence on December 1, 2001 and terminate on November 30, 2002. The City reserves the right to extend the contract for additional (1) one year periods if such an extension is permitted by the Contractor, the standard of service is satisfactory, and, has the approval of the Richfield City Council. At the time of contract extension, the contractor may request a price increase for all categories to be effective during the contract extension period. Any requested increase shall not exceed the Consumer Price Index for the Minneapolis/St Paul urban area and have the approval of the Richfield City Council. Application for extension and price increases or decreases shall be initiated by the performing contractor, must be submitted in writing and be in the hands of the proper Director of Public Safety at least sixty (60) days prior to the date of contract expiration. All of the towing, impounding and storage of motor vehicles under this contract shall be in accordance with Minnesota Chapter 168B and any section of the Richfield City Code related thereto, SPECIAL PROVISIONS: 1. The contractor must own or have direct access to satisfactory equipment and trained, available personnel, in order to provide immediate and prompt service as ordered and requested by the authorized City officials. 2. The contractor must own or have available within (3) miles of Richfield's city limits the following equipment as a minimum: A. Two trucks having a manufacturer's gross vehicle weight rating of 4 ton or more, to be equipped with a crane and winch, and further equipped to control the movement of the towed vehicle, and • B. Equipment sufficient and designed to move a completely demolished vehicle by means of dollies or low-bed trailers. A listing of all equipment to be utilized shall be submitted to the City. Such listing shall show the make and model of all equipment available for use under this contract, along with size and all other pertinent information, such as specialized equipment not necessarily herein specified, but which may be a factor, in performing effectively and efficiently. All equipment to be used by the contractor under this contract shall be maintained in good repair and condition. The City reserves the right to inspect the equipment from time to time for the purpose of determining that equipment condition is in conformance with the terms and conditions of the specifications and the contract. 3. All storage and parking lot facilities and all equipment to be used by the contractor under this contract must be located within (3) miles of Richfield's city limits. The storage and parking lot facilities must meet all of the applicable State building code standard and municipal license and zoning .requirements, including those relating. to screening and landscaping of the City in which the facility is located. 4. The facilities proposed to be utilized under this contract must have the capability of storing a minimum of one (1) vehicle inside and a further capability of providing storage for a minimum of (25) twenty-five vehicles outside. Inside storage will be necessary only when so requested or directed by an authorized official of the City of Richfield as identified in these specifications. When a direction is given to store a unit inside, such directions may be accompanied by certain instructions for security measures to be employed. The security responsibilities become the responsibility of the storing agent while the unit is in their keeping. 5. The Contractor performing under this contract shall assume all and full responsibility for the conduct of his/her employees. The Contractor guarantees that all of the employees performing under this contract will be adequately trained in their profession, .will respond promptly to all calls, will provide safe and adequate equipment (as herein specified), be clean and neat in appearance, use decent language, free of profanity, and treat. the public courteously at all times. Request for service from the Richfield Police Department must be given priority by all dispatchers. Failing to meet any or all of the requirements of this section may result in cause for terminating the contract at any time as per the conditions specified for contract. termination. 6. The Contractor will be solely responsible for loss or damage to any vehicle, including all equipment and contents, from- the time direction is given by the authorized City representative turning the vehicle over to the Contractor or his Agency and until such time as the vehicle is legally released to the registered or actual owner or legal agent thereof. 7. The performing contractor must agree to maintain proper records of all vehicles received. The record keeping system shall meet the approval of the Richfield Public Safety Director and records are to be available at all times for inspection by authorized City officials. The records must include a copy of the police impounding report. A report shall be submitted monthly to the Richfield Public Safety Director detailing all vehicles stored or released during that current month. All contents of such reports shall meet the approval of the Richfield Public Safety Director. 8. All vehicles towed or impounded are to be released only upon proper authority of the Richfield Public Safety Director, except for private tows. 9. While performing under this contract and under these specifications, the Contractor or their designated representative(s) must be present at the storage facility six (6) days a week, Monday through Saturday, between the hours of 8:00 a.m. and 6:00 p.m. (excluding legal holidays) and from 12:00 p.m. (noon) to 1:00 p.m. each Sunday and all legal holidays, for the purpose of releasing vehicles to authorized claimants.. Police requested releases will be handled anytime. 10. It shall be agreed under this contract that motor vehicles will not be driven at anytime during the towing procedure. In the event that the vehicle is without tires or has flat tires, the performing Contractor agrees to tow the vehicle without damaging the wheels and further agrees not to tow any vehicle on its rims, on wheels without tires, or on flat tires. 11. Upon arrival at the: scene of a tow where a vehicle accident has occurred, the performing Contractor, in addition to the physical removal of the vehicle, assumes full responsibility for removing any vehicular parts or other debris, excluding liquids and other commercial cargo, resulting from the accident. This clean-up is to be completed without any additional compensation. 12. The performing Contractor shall be entitled to a charge for his/her towing and storage services pursuant to the fees. submitted in the accompanying bid proposal. The Contractor shall agree that neither the City nor any Department thereof is responsible . for any charges as a result of towing and/or storage and that the Contractor assumes all liability for any and all unpaid charges. NOTE: This Provision and these Specifications are in no way a law or regulation relating to "price, route, or service of any motor carrier ... with respect to the transportation of property," under 49 U.S.C. Sec. 14501(c)(1)(1997). 13. If an involved private owner/operator makes a timely request for a tow by other than our Contractor, such request shall be honored by the Police Department. In either instance, the owner/operator is solely responsible for all associated charges. 14. For vehicles identified by the Police Department as subject to forfeiture, and subsequently released to the Police Department pending the outcome of forfeiture proceedings, the performing contractor shall indicate a flat rate charge per forfeited vehicle. The flat rate shall include the towing, storage on the date of the tow, and three days of storage after the date of the tow. The flat rate applies to all cars, vans, small trucks, 4-wheel drive vehicles, utility vehicles, and motorcycles identified by the Police Department as subject to forfeiture to the City. 15. Should the Contractor fail to appear at a designated tow point within twenty (20) minutes after receiving a call for a tow, the City reserves the right to call- another towing service to perform the work. If the Contractor is .called and is unable to respond due to conditions beyond their control, the authorized City officials shall be immediately so informed, and the right is hereby reserved to call another service to perform the work. If, at any time, it becomes necessary for the City to request the services of another towing service for the reasons detailed above, the City retains the right to hold the Contractor retained under this contract responsible for any additional charges over and above the fee schedule recorded. in this bid proposal. Such charges shall be assessed only if the response time is due to negligence or laxity on the part of the contractor, which negligence might include equipment failure. 16. The Contractor performing under this contract shall operate and maintain its parking and storage facility in compliance with the terms of this contract and all State and City applicable laws, ordinances, and rules and regulations that are presently in effect, or which may hereafter be adopted. 17. No alterations or modifications of the terms of this contract shall be valid unless made in writing and signed by authorized representatives of both parties hereto. 18. In the event of a breach by the Contractor of any terms or conditions of this agreement, the City shall have, in addition to any other legal recourse, the right to terminate this agreement forthwith. 19. Either party may terminate this contract upon the serving of such termination notice to the other, in writing, (6) six months prior to the intended termination date. 20.A copy of this contract, along with the authorized fee schedule, shall be posted in a conspicuous place in the Contractor's place of business. INSURANCE: The successful Contractor shall- not commence work under this contract until the specified insurance coverages have been obtained. The Contractor shall file, with the Richfield City Clerk, all certificates of insurance or documentation thereof indicating that all specified insurance have been obtained and are in full force. The City of Richfield shall be named as an additional insured on said comprehensive general liability policy. The following coverages are required as minimums: Public Liability Insurance: $1,000,000 Comprehensive General Liability (including assault and battery), 2. Business Auto Policy with all coverages (all vehicles), with $1,000,000 limits. 3. Garage Keepers' Legal Liability. 4. Workers' Compensation Insurance covering all employees of the Contractor, or his agents, working under this contract in accordance with the Minnesota Workers Compensation Law. The Contractor shall agree to provide to the Richfield City Clerk, 25 days prior written notice in the event any policy is canceled or a material change is effected and each policy must contain a provision that the insurer notify the Richfield City Clerk immediately if a policy is canceled or a material change has been effected. PERFORMANCE BOND: On or before the date that the contract between the City and the Towing service becomes effective, the Contractor shall file with the Richfield City, Clerk an acceptable Corporate surety bond in the amount of $10,000., payable to the City of Richfield and subject to the approval by the Richfield City Attorney for the faithful performance of all, duties and obligations imposed under the terms and conditions of the contract. • • EXHIBIT B REVISED PROPOSAL FORM CITY OF RIC HFIELD, MN PROPOSAL FOR TOWING, IMPOUNDING AND STORAGE OF VEHICLES TO THE CITY COUNCIL, CITY OF RICHFIELD 12/1/2000 CONSUMER PRICE 12/1/2001 THROUGH INDEX INCREASE THROUGH 11/30/2001 12 MONTHS 11/30/2002 ENDING 6/30/01 4.2% ** Towing of impounded cars, trucks (under 1-1/2 ton capacity), motorcycles, all-terrain vehicles, snowmobiles and unattended utility trailers towed from within the City of Richfield $ 60.00 $2.52 $ 62.50 Towing Charge for Same from Outside the City of Richfield $ 60.00 $2.52 $ 62.50 Mileage Charge for-Same $ 2.00 $ .08 $ 2.10 . Towing of Trucks Larger Than 1 Ton Capacity Inside The City of Richfield $100.00 $4.20 $104.20 Towing Charge for Same Outside The City of Richfield $100.00 $4.20 $104.20 Mileage Charge for Same $ 2.75 $ .12 $ 2.85 USE OF WINCH WITH TOW Car $ 15.00 $ .63 $ 15.60 (Per Hour Maximum $63.00) Truck $ 25.00 $1.05 $ 26.05 (Per Hour Maximum $104.00) Use of Dolly(s) $ 15.00 $ .63 $ 15.60 Use of Low-Bed Trailer or Truck $ 75.00 $3.15 $ 78.15 (If Flatbed Required) Storage Charges 1. First 24 Hours or Fraction Thereof: A. Inside Storage $ 27.00 $1.13 $ 28.10 B. Outside Storage $ 20.00 $ .84 $ 20.85 2. Each Additional 24 Hours or Fraction Thereof: A. Inside Storage $ 27.00 $1.13 $ 28.10 6. Outside Storage $ 20.00 $ .84 $ 20.85 **Cents are Rounded EXHIBIT B C REVISED PROPOSAL FORM CONTINUED • OTHER CHARGES THERE WILL BE A $5.00 (PLUS TAX) PROCESSING SURCHARGE FOR ALL CHECK AND CREDIT/DEBIT CARD PAYMENTS. ON A YEARLY BASIS, CHIEF'S TOWING, INC. WILL REQUIRE A COST OF LIVING INCREASE iN ACCORDANCE WITH THE MINNEAPOLIS C.O.L.A INDEX. IF THE LAW ALLOWS AND !F AGREEABLE BY BOTH THE CITY OF RICHFIELD AND CHIEF'S TOWING, INC. THIS CONTRACT MAY BE RENEWED ON A YEARLY BASIS. ANY CHANGES INCLUDING THE TERMINATION OF THE SAID CONTRACT MUST BE MADE WITH SIX (6) MONTHS NOTICE GIVEN TO BOTH PARTIES. SIGNED, ROBERT J. SCHOENBORN OWNER/PRESIDENT CHIEF'S TOWING, INCORPORATED 861 O HARRIET AVENUE SOUTH BLOOMINGTON, MN 55450 (952) 888-2201 ~~ ~- ~~ DATE AGENDA SECTION: Consent AGENDA ITEM # 4E REPORT # 265 ~- STAFF REPORT CITY COUNCIL MEETING • OCTOBER 22, 2001 REPORT PREPARED BY: BETSY CxRISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE REPORT PRESENTER: DAN SCOTT, DIRECTOR OF PUBLIC SAFETY NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ ~ ~~ ~j' <~ SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the request from the State of Minnesota to review the request for the renewal of a currency exchange license for Community Money Centers, Inc., dba Money Centers, 6525 Nicollet Avenue. I. RECOMMENDED ACTION: By Motion: Approve the request for the renewal of a currency exchange license for Community Money Centers, Inc. dba Money Centers, 6525 Nicollet Avenue. II. BACKGROUND On October 8, 2001, the City received notification from the State of Minnesota, Department of Commerce, of a renewal application for a currency exchange license in the name of Community Money Centers, Inc., dba Money Centers, 6525 Nicollet Avenue. All of the information required by the State of Minnesota has been provided by Community Money Centers, Inc., dba Money Centers. In addition, the background investigation conducted by the Bureau of Criminal Apprehension found no information on the applicants, Cary D. Geller and Richard P Krietzman. 1022 Money Centers License Renewal There were eight Public Safety contacts for this address for the previous year. The contacts included two burglary alarms, one robbery alarm, two disorderly conducts, two check forgeries, and one fire/medical The applicant has complied with State Statute 53A.04 for a currency exchange license with the State of Minnesota. III. BASIS OF RECOMMENDATION A. POLICY • A license for this type of business is not required in the City. However, effective on April 24, 1992, Minnesota Statute 53A.04 requires that the Department of Commerce submit any application for licensure as a currency exchangelicense to the governing body of the municipality in which the business proposes to conduct business. • This law also requires the governing municipality to render a decision regarding issuance or denial of the license within 60-days of the receipt of the State's notification. • .The State requires that the applicant submit the following information when applying for this type of license: • License fees in the amount of $50. • A current fee schedule used for cashing checks, money orders, or traveler's checks. • A surety bond in the amount of $10,000.. • Any owner, partner, director, stockholder (owning 10% or more of the corporate stock) or any employee with. the authority to exercise management or policy control over the company must submit to a background investigation by the Bureau of Criminal Apprehension. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • N/A TERNATIVE KECOMMENDATION(S) ~ Deny the request for the renewal of a currency exchange license for Community Money Centers, Inc., dba Money Centers. However, the Public Safety Department has found no reason to deny the requested license. V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None • • STAFF REPORT Consent 4D 264 AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING OCTOBER 22, 2001 REPORT PREPARED BY: BRUCE SYLVESTER, PLANNING & ZONING ADMINISTRATOR NAME, TITLE REPORT PRESENTER: BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~i~ ~1 _ - - REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for an amendment to a conditional use permit to allow Eddie'z Auto Wash to complete site and building improvements to the car wash and .service station at 2816 West 66th Street. I. RECOMMENDED ACTION: By motion: Recommend approval of the requested amendment to a conditional use permit to allow Eddie'z Auto Wash to complete site and building improvements to the car wash and service station at 2816 West 66th Street. III. BACKGROUND Mr. Ned Zarecky, the owner of Eddie'z Auto Wash at 2816 West 66th Street, was granted a conditional use permit (CUP) for his car wash and service station in 1989. The City of Richfield City Code section 546.07, subdivision 10 states: "Holders of a conditional use permit may propose amendments to the permit by following the procedure set in this subsection for issuance of a new permit. Significant changes in the circumstances or scope of the use shall require approval of the Council." Mr. Zarecky has requested an amendment to his CUP to allow an addition to the existing car wash building to update the car wash facilities; to reconfigure the 1022-66th StreetWe st. d oc gasoline-dispensing pumps and vacuum cleaners; to add a second canopy covering one of the gasoline-dispensing islands; and to change the landscaping on the site to accommodate the proposed changes. In conjunction with this request for an amendment to the CUP, Mr. Zarecky has requested a variance for the side-yard setback requirements for the gasoline dispensing pumps so that the one relocated pump will be in line with the existing pumps. The Hearing Examiner granted this variance on September 23, 2001. III. BASIS OF RECOMMENDATION A. POLICY • Both service stations and car washes are conditional uses in the C-2 district. The findings necessary to issue a CUP (546.05, subdivision 6) are as follows: a) The proposed use is consistent with the goals, policies, and objectives of the City's Comprehensive Plan. This requirement is met. The Comprehensive Plan calls for 'Regional Commercial' at this location, which is consistent with a service station and car wash business. b) The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. This • requirement is met. There are no adopted redevelopment plans for this area. The proposed changes have been reviewed by City staff and meet City design guidelines. c) The proposed use is or will be . in compliance with the performance standards specified in section 541 of this code. This requirement is met. Again, the proposed changes have been. reviewed by -City staff and meet the performance standards specified in section 541, including matters such as the exterior treatment of buildings, dumpster enclosures, and off- street parking. d) The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements. This requirement is met. The primary concern for car washing facilities is preventing water from running off of the site onto adjoining streets, especially in the winter. Public Works staff state that the proposed changes will minimize water run-off. e) The use will not have undue adverse impacts on the public health, safety, or welfare. This requirement is met. Currently, one neighbor to the north has complained to the City about the noise from this business: The proposed changes will decrease. • the noises from this business. Furthermore, the proposed changes will better screen this business from the adjoining apartment building to the northeast. Also, the relocated gasoline pump will be in line with the existing pumps, at 15 feet from the east property line... This distance has been reviewed and approved as safe by Acting Fire Chief. f) There is a public need for such .use at the proposed location. This requirement is met. A large percentage of the community owns one or more automobiles, which require that service stations and car wash. facilities be provided. g) .The proposed use meets or will meet .all the specific conditions set by this code for the granting of such conditional use permit. This requirement is not met, as explained below. Automobile service stations are a conditional use in the C-2 district, as specified in section 526.27,:subdivision 12 of the zoning code.- This section of the zoning code specifies 13 requirements for a conditional use permit to be issued-for an automobile service station. Some of these requirements have more detailed `sub-requirements'. Of these 13 requirements, the first one states that the business must meet licensing requirements under section 1150 of the City Code.. Section. 1150. of the code provides an additional 18 requirements which must be met for a business to receive an automobile service station license. Again, some of these 18 requirements have added `sub-requirements'. Both of these sections of the City Code (section 526.27, subdivision 12 and section 1150) are attached to this staff report. Car washes are a conditional use in the C-2 district, as specified in section 526.27, subdivision 14 of the zoning code. This section of the zoning code allows car washes "licensed under section 1125 of the City Code" as conditional uses. Section 1125 of the City Code outlines. those requirements that must be met for a car wash to be licensed in Richfield. Section 1125 of the City Code is attached to this staff report. While the current request for a CUP meets most of the various requirements for a service station and a car wash, it does not meet all of them and therefore does not meet this requirement (letter `g' above...) for issuing a CUP. Nonetheless, staff recommends that this requested amendment to the CUP be granted. The following table is an outline of the various requirements which are not met, and staff's explanation for why this request for a CUP should be granted despite not meeting these specific requirements. Code Requirements that are NOT met for an amendment to the CUP At 2816 66th Street West (Eddie'z Auto Wash) September 25, 2001 • • Code Description Staff Comments Section 526.27, Subd. 12 (CUP for Service Stations) D. Buffer yard This condition requires a 10-foot buffer yard to separate all aspects of the use from abutting parcels. While this requirement is not met, the site is more than adequately landscaped and screened from adjoining uses, especially the apartments to the northeast. The applicant has agreed to staff requests to maintain landscaping and screening. K. Pump island set-backs The applicant received a variance in September or 2001 for a reduction in the side-yard setback requirements for the pump islands. Our code requires a 20-foot set-back and the applicant has received a five foot variance to place the pump islands 15 feet from the side property line. 1150 (Licensing requirements All requirements for this section are met. for Service Stations) 526.27, Subd. 14 See section 1125 below... (CUP for Car Washes) 1125 (Licensing requirements. for Car Washes) . 1125.03, Subd. 1 Off-street parking This licensing code requires that 65 parking spaces be provided for car washes. Staff believes that the number of parking spaces provided in the proposed site plan (6, plus 10 spaces by pumps and vacuum cleaners, for a total of 16 spaces) is adequate and .that the code requirement is unwarranted in this particular case. 1125.03 Subd. 3. Buffer area This licensing code requires a 15 -foot buffer between adjoining multi-family residential parcels. While this requirement is not met, the site is more than adequately landscaped and screened from the adjoining uses. The applicant has agreed to staff requests to maintain landscaping and screening. B. CRITICAL ISSUES The Planning Commission- held a public hearing on September 25 to consider this request. After hearing no comments from the public, and considering the Staff Report and comments from the applicant, the Planning Commission .voted to recommend that the requested amendment to the conditional use permit be granted. • Richfield's Environmental Health Division has received three complaints from a neighbor about noise concerns from the car wash. The applicant has stated that the building expansion and new equipment will decrease the noise from this business. • Richfield's Environmental Health Division has received one complaint from a neighbor about the state of repair of the fences around this business. The applicant has agreed to replace the existing `post' style fence with a new privacy style fence. • The applicant's original site plan showed removal of most of the trees along the western edge of the property. At the request of staff, the applicant has revised his site plan to retain and/or replace as many. of these trees as possible. • Currently, the site has a curb cut near the intersection. of Vincent Avenue and 66th Street. The site improvements include moving this curb cut north and further away from the intersection. Public Works approves of this relocated curb cut. • • Staff observed during site inspections that the business is very well maintained and the site is kept very clean. C. FINANCIAL • N/A D. LEGAL • Zoning: C-2, General Commercial • Land Use: Retail-Automobile Service Station and Car Wash • .Comprehensive Plan: Regional Commercial • Notification: Neighbors and property-owners within 350 feet; Legal notice appeared in the Sun .Current on October 10, 2001 • Other Actions: Hearing Examiner: A variance for locating gas-dispensing pumps 15 feet from the property line, rather than the 20 feet required by Richfield City Codes, was heard by the Hearing Examiner on September 18th. The variance was granted. • Stipulations of Approval: Maintain as many trees and landscaping features as possible. IV. ALTERNATIVE RECOMMENDATION(S) ~ • Deny the requested amendment to a conditional use permit to allow Eddie'z Auto Wash to complete site and building improvements to the car wash and service station at 2816 West 66th Street. V. ATTACI-IMENTS • City Council Resolution • Site Plan VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Applicant/Owner, Mr. Ned Zarecky • • RESOLUTION NO. RESOLUTION AUTHORIZING AN AMENDMENT TO A CONDITIONAL USE PERMIT 2816 66TH STREET WEST WHEREAS, an application has been filed with the City of Richfield which requests approval of an amendment to a conditional use permit for a gasoline service station and automobile washing establishment on land generally located at 2816 66th Street West, legally described as:. Lots 'D' & `E', Registered Land Survey number 1018, except the west 30 feet thereof and the south 15 feet of Lot `D'. WHEREAS, the Planning Commission of the City of Richfield has recommended approval of this requested amendment to a conditional use permit at 2816 66th Street West at its September 25, 2001 meeting; and WHEREAS, this requested amendment to a conditional use permit at 2816 66th Street West meets those requirements necessary for issuing a conditional use permit as specified in Richfield's zoning code, section 546.05, subdivision 6, except as explained in City Council Staff Report No. ;and WHEREAS, the City has fully considered the request for approval of the amendment to the conditional use permit. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the-City of • Richfield, Minnesota, as follows: 1. An amendment to the conditional use permit is issued for a gasoline service station and automobile washing establishment,. as described in City Council Staff Report No. , on the Subject Property legally described above. 2. This amendment to the conditional use permit at 2816 66th Street West is subject to completing the following conditions. before a building permit will be issued: • That the recipient of this amendment to the conditional use permit record this resolution with the County, pursuant to Minnesota statutes section 462..36, subdivision 1 and zoning code 546.05,. subdivision 7. • That as many trees and landscaping. features are maintained as possible. 3. The amended conditional use permit shall remain in effect for so long as conditions regulating it are observed, and the amended conditional use permit shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the Zoning Ordinance, section 546.05, subdivision 9. Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of October, 2001. Martin J. 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YC 319VA DBII _ / I ~ ~ M Mad A-AI b Ol ,OI ~ O AYM-3MD 417ia1 OL JQ -- "-- /~ I (p ~ .LL i~ ~~ ~ ~ ~ I [s ~~ I • ~ .~ >~ ~ ~o II ~ i ~ it ~' . W ~ o ~ o. ~•~ ~ ~ II I ~ ~ A~Mr, °~ ~ t/ ~ III ~ P ~~ () ~ o ~~~ ~ ~ ~~q ~ ' >~ I ~ .o-, a 1 e~ ~ ~ •q ~ 11 ~ ~ ~ ~I~ ~ S ~ 1 e to ~ I n ~~ i¢ W ~~- o ~ ~ z AdWMJ .. ~ ~ R \ ~ ~ ~ II I . ~az •isoa~. / Z // I'c .~ ~ ~ ti o II c q/ c / W / / ~I ~ II 8~ ~ ~~~ ~ / 'q ~~ 6~ ~ ~ g II • _~ ~~ I - 9ro~ I . ~ ' m ~ ~ ~i I. I ~ N s I ~ I H I 1 ~` uuulll ~~~ ~Aw" ~ `I _- ___ Y~_ryy ~ -- • ~ 9NI~Vd TGM a I ~ ~ ~~ ~ ~ ~~ ~~ . ~~ ~~~ I~ ~ ~ ~~ ~~ ~~~ ~ ~~ ~~ ~~~~d~ ~ ,~ ., ,, 0 O • O O O O Z C ~~ ------ s~~~ss !• ~ + ~ ~~ t ~ ~ t~ ~ $ ~ ~~~ _~ '' _tl, ~~~ u~99 ss~M M„00, 6~.68N I 0 0 ri _~~~ ~3~~ O ~ J =~lQa ~ ~p ~~ ~~ a Y '~ a ~ ~ 6 ~ ~ ~ ~~~ ! ~ ~ ~~~ ~ ~ R R ~~ i~ ~ ~ ~ i¢ ~~~ ~~~~~ . s r e s a g'g ~~~ ~~~~ ~' ^ a • 6 3 ~ ~ ~ ~ w < w • • _ o s 6 • AGENDA SECTION: Consent AGENDA ITEM # 4 C REPORT # 263 J STAFF REPORT CITY COUNCIL MEETING OCTOBER 22, 2001 REPORT PREPARED BY: REPORT PRESENTER: TOM FOLEY, TRANSPORTATION ENGINEER NAME, TITLE MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, • DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of first reading of a transitory ordinance authorizing the conveyance of real property to the State of Minnesota Department of Transportation for highway improvements to I-494 and authorizing the conveyance of a remnant parcel to Century Courts Apartments and setting the second reading for November 26, 2001. RECOMMENDED By Motion: Approve first reading of a transitory ordinance to authorize the conveyance of real property to the State of Minnesota Department of Transportation for the .future widening of I-494 and conveyance of a remnant parcel to Century Court Apartments and set the public hearing and second reading for November 26, 2001. • III. BACKGROUND The City of Richfield, City of Bloomington and the Minnesota Department of Transportation (MnDOT) entered into a Memorandum of Understanding (MOU) to finance the replacement of the Penn Avenue Bridge over I-494. Council approved the MOU on July 10, 2000. Under the terms of the MOU, the City of Richfield is required to acquire the necessary right of way needed for the construction of the Penn Avenue Bridge Project over I-494. 1022-4940rdinance The City of Richfield has acquired right of way for the Penn Avenue bridge and a • portion of that right of way must be transferred to MnDOT. Also, a remnant parcel is proposed to be transferred to Century Court Apartments as part of a signed Stipulation Agreement Council approved on October 8, 2001. The City passed a resolution on June 25, 2001 authorizing the conveyance of City owned land to the MnDOT for roadway purposes so that MnDOT can allow the City to begin construction of the Penn Avenue bridge over I-494. Under the City's Charter, an ordinance is needed to sell City owned land. Council is also asked to authorize the first reading of the proposed ordinance, setting a date for the second reading and holding a public hearing on the proposed ordinance. III. BASIS OF RECOMMENDATION A. POLICY • This land acquisition and transfer of authority are part of a Memorandum of Understanding between the City of Bloomington, the City of Richfield, and the MnDOT that was approved by the City Council on July 10, 2000. The agreement covered the division of responsibilities between the various agencies involved in replacing the Penn Avenue Bridge over I-494. • Under Section 3.09 of the City Charter, a transitory ordinance • becomes effective 30 days after publication of the second hearing notice. B. ..CRITICAL ISSUES • MnDOT requires that the City transfer the necessary right of way to MnDOT for construction of the Penn Avenue bridge over I-494. • 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. C. FINANCIAL • The City acquired the properly using Best Buy Company funds committed to the Penn Avenue bridge project. D. LEGAL • The City must authorize MnDOT to use the described parcels of land for highway improvements. City attorneys have drafted the proposed transitory ordinance on transferring the land to the MnDOT. IV. ALTERNATIVE RECOMMENDATION~S~ • • Postpone approval of the ordinance. There is no deadline on transferring the property to MnDOT. However, under the City's .Stipulation Agreement with Century Court Apartments, the remnant land should be transferred by December 31, 2001. • V. ATTACHIVIENTS • Proposed ordinance of parcels to be conveyed. • Maps (2) showing the land needed to be conveyed. The land being conveyed to the MnDOT is shaded in brown. The land being conveyed to .Century Courts is shaded in green and west of Penn Avenue. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE SALE OF CERTAIN REAL PROPERTY OF THE CITY FOR HIGHWAY IMPROVEMENTS OF T.H. 494 AT PENN AVENUE SOUTH S.P. NO. 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 Minnesota Department of Transportation A portion of the southwest 1/4 of the southwest 1/4 of Section 33, Township 28 Range 24, Hennepin County, Minnesota as shown on the attached maps. Section 2. 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 maps. Section 3. The Mayor. and City Manager are authorized and directed to sign all documents necessary to effect the sale contemplated by this ordinance. 2001. Passed by the City Council of the City of Richfield this day of November, Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk Date of Publication Effective Date 07/19/0] o ~., A Z '^~a N C y A a>> O p ti 8 ~ ~ S D ~ N ;p >~ 0 ~ ~ A m '~ C > K a ~ '" 2 o ~ o ~ ~g6~D0 AM r~\33897\33897036\exhlbits\r-w_trans_rch2.dgn -N~iS :Sv44 m m' zo zo v~ N Z 61 ~n-I 0 o°cZ ~jOz ~.~~ u°m ~. o =z 00 O "~ .N.. N ~ m z ~ D o~ „~ ~ ~2 DTI H ..gym Z Do m cn C7 m = ~ D Z m m x H "'{ H ~ I D ~ ~ c0 ~ .A D MATCH LINE 266+70.49 I 1 D^ I D 2 --I n r 2 ~--~ Z r ~ m H Z F~ m ~ Ob w N _'-'!' + O ~~~_, I W OD -~'~ ~' O ~' ,--~~ Y ' -J ,: , ~ ,;, j. --- - - --------- -- , n ~ '~ ~ ;~, ~ -- - t~ pl Z ~ _, I' ~ ~ i Z I ( i I! /I ' r~ O 1 ~~' i /T'~ i ~. it ~ ...'I Z I P i ~~ W ;~ i ~ ~~, _~ Z 1 ~ I. I 1 I I I ~ i I ' I ,, ~ I ,, __ _. _ - - r -__- °-_ i - ~~~ ,I ~~ - I _ -~. _ _ ~, -- - - ~ ! ~ I ~\ I f N ... ... - I i I, '' 1 I ~ 1 '. 'i C __ - _ ___ I f ~i ___ _' ..._ .._ __ ~__ __.._._~ I I _ ~_.. -_ _ ff ~I -., _~, 1 ~ ~ i JI _.__..__-__ ..___..__-.. 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V m z ~ z ~.~ „ n f~l n~H ~mZ ~v~ m N ~ ~l ~ ~ D Z c~ m --~ N O ~'I :47:08 AM r:\33897\33897036\exhib its\r-w_trans_rch3.dgn MATCH LINE 405+00.46 _; I ~ I _ _ ._ ___ . _, ._. _. _ .__ _ __ ._ I ; i -. r~ `. ..--- I - .--_ ~, I~, - . I; . ~~ I~, m°~ b -o ~~ ~~ ~~ _ -- -----'ate -.._NM I L .. _ _. _ --... _...Z.Z ._.._ _.___..__ __.... r .-1 I zm I (n l_ _.. __.. _. _____ H < i m ~ ? ', I _ ~, ~ - ~ N I r ~ !:", D ~~' ~ ~ ~ O I ~ ~', _ ZL _ o m; I I Y/i~~ RA11P A CTA e~n~cn n~ _ ~ I APT 32.02' RT OF PROP EB I-494 STA 585+78.13 I I I I i, I I I I,' i i I I ~ II 1 i ~": II ii i I I 1 ~ ~i I I ! I I i I I~ ___ !` I _ _ _ _ ~ I- ~ ~ I .~ i I I I _____ _ _ _ m ~ EB I-494 STA 589+35 ~ 7T BK= ! i ~~ i; p EB I-494 STA 589+67: 79,E AH r^ ^~ ' ' i ~' I it H D I i ~i 'i i I ~ ~ H ~ I i II_ II Li a ~ I r, I~ h '. d C i i m ~ I II ~ ~ I;. ~ (f O '' -~ Z I i i I!'. D ~ I ''~. I ~ i t0 c + i I it i l0 'u] 1 C - W I I ~ ~ i tea/ ~ I ~~~, ~ ; ~ ~ ~ .... ~. .-~. i i Z I jl ij i ~--i I' i ~ ~ ~ ' ~ ! ~'h ~+ f1 f~ !C~y~' i m O ~ ~ 'i ' I ~ In it ~r`7y~ ' I ~ ~+ r I ~I~ .p ~, C ~ O O b CO z ~ ~ j ;~ d ~ '''` o ~ ~ ~ a_ ?~ b. y e-r P~. ~ " ~ I~! ~ ~ _ ' ~ 1 ~ ~ ~, s ~ ~ ' ~' ~ ; _ ~ I ~~ I ~ %~ ;' !I ~!~~ ~ I' • MATCH LINE 204+80.44 ,; -- ',t _. (b (J1 I I I I I Cp ~I '1 PI II i it ~II, 1 I ~j ' I. II ii it I ~~ III ' ~ I I I, ~I jl I I, I. Iii! I' -_- ,I ~ F. . _ I i.__-_. ! I ~I I it ~ ` _. .~ I ~~ / ~'~ ~ -- -+-- I ' O ~ N .T7 D 1 1 I I oo M I ~ '~1 2 i II I I w !D I w I 1 .l l; l~._ .____ _.__ - _ __ -._ __._._.- ~ I I I H I', I ~I ~ ;~ ;~ _~; ~~ 1_ _ __ __... D ~ T V W WB I-494 STA ~5 it I) I i i I i _f N O O m ( I fi m o 08'+g~ 0, 4~ j , ~ i •f QF e4+33.81 J ~~ • AGENDA SECTION: ~~nsent AGENDA ITEM # 4R REPORT # ~ H ~ ~J STAFF REPORT CITY COUNCIL MEETING OCTOBER 22, 2001 REPORT PREPARED BY: NanrE, TITLE • • REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: STEVEN L. DEVICH, ADMINISTRATIVE SERVICES DIRECTOR STEVEN L. DEVICH, ADMINISTRATIVE ITEM FOR COUNCIL CONSIDERATION: Consideration of extension of contract with Hennepin County for access to property information stem. I. RECOMMENDED ACTION: By Motion: Authorize the extension of the attached Contract No. A01384 with Hennepin County to allow continued access to the. property information system for the period beginning January land ending December 31, 2002. II. BACKGROUND Since September 19, 1978 Hennepin County and the City have had a contractual agreement which provides the City with access to the County's real estate. tax information. In November 1990, the City Council approved the purchase of the Hennepin County data terminal, software and printer when the County announced that it was getting out of the leasing business. After purchase. of the equipment, the City entered into a contract with Hennepin County to provide continued access to County data with the City's owned equipment: The current contract provides the City with an extremely economical way to access Hennepin County real estate, municipal and district court data. The contract is not 1022AssessK automatically renewable and must be renewed each year by the City and County. The City has now received information from Hennepin County announcing the fees • for the contract year 2002 and is asking if the City is interested in renewing this. contractual agreement. The Council action here would be to take advantage of the renewal III. BASIS OF RECOMMENDATION A. POLICY • The City of Richfield contracts with Hennepin County for assessing services. • The City and County can share the same property information system with the appropriate agreement in place. B. CRITICAL ISSUES • The current contract with Hennepin County expires as of December 31, 2001. Action should be taken now to ensure that the service is maintained without interruption. • The contract is a necessary part of the City's ability to deliver property and court data to the public. C. FINANCIAL • • The County has set the 2002 inquiry fees at the rate of $.0156 per transaction, which is same rate charged in 2001, • The network support charge will be $22 per month per workstation (increased from $21 in 2001). The LAN connections will be billed at $40 for 2002 (increased from $38). The contract with Hennepin County is still a very economical way for the City to access and provide this data to the public. D. LEGAL • The City and County may enter into a legal contract for the provision of this service. IV. ALTERNATNE RECOMMENDATION(S~ • The City could elect not to renew this contract with Hennepin County. However, if this contract were not renewed, the City would lose its on-line access to County property tax and court records. V. ATTACHIVIENTS • Hennepin County Contract No. A01384 VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • September 28, 2001 Hennepin County 1 acT o 3 Zoos An ~ tep ~~ Mr. James Prosser City of Richfield - ' 6700 Portland Avenue -~ Richfield, MN 55423 Contract No.: A01384 Dear Mr. Prosser: . Hennepin County intends to extend the above referenced contract hrough the year 2002._. Attached is ~ revised Exlu~bit A which includes any change in the rates and the connections and charges specific to your contract. The new rates will go into effect on January 1$` and remain in effect until December 31, 2002: The Network Support Charge remains at $22.00 ($16.00 Basic Service plus $6.00 Host Access) per month for each connection. LAN connections are billed at $40.00 ($16.00 Basic Service plus $24.00 LAN Access). There is no change in the transaction rate. The telephone or frame relay charges (if applicable) will remain the same. as the current year but will be adjusted accordingly to new rate increase/decreases imposed by the telephone company. USER, BEING A MUNICIPALITY, MUST FURNISH TO THE COUNTY A COPY OF THE ACTION OF USER'S. GOVERNING BODY AUTHORIZING THIS CONTRACT EXTENSION.. HOWEVER, IF AN OFFICIAL OF USER IS AUTHORIZED BY STATUTE OR CHARTER TO APPROVE A CONTRACT OF THIS AMOUNT AND Y+TATURE THEN THIS LETTER SIGNED BY SUCH OFFICIAL AUTHORIZING THE EXTENSION MUST BE RETURNED TO THE COUNTY. (Such official must attach to this letter a copy of hislher statutory or charter authority to approve the contract.) As authorized by paragraph G:1 of the contract, and noting the above requirements, please indicate below your intention to extend or not to extend this contract through 2002 and return this document to the attention of Jean Myers at the address below as promptly aspossible. _____ ****PLEASE INDICATE BELOW YOUR INTEREST IN EXTENDING THE CONTRACT.**** It IS our intention to extend this contract through the year 2002. ~ . Is is NOT our intention to extend this contraci through tae year 2002. Signature: Date:. Title: If you have any questions about this notice, please call Jean Myers in TT Operations at 612-348-6666 for assistance. Sincerely, r~ San L. Vargas County Administrator _ attachment ~: INFORMATION TECHNOLOGY DEPARTMENT A-leve1015 Hennepin County Government Center Minneapolis, Minnesota 55487-0005 FAX: (612) 348-4663 EXHIBIT A TO CONTRACT NO. A01384 City of Richfield 2002 I. COUNTY will provide inquiry-only access to the following information systems: Property: information System Access to this system will permit viewing of current real estate tax information, including legal descriptions, valuations, special assessments and other public data retained in the Property Information Systems. Subject in Process System: Access to this system will permit inquiry into the District Court System. Information to be obtained includes case-related information concerning offense, disposition, participants, scheduling and-:other public data contained in the Subject in Process System Document Recording System: Access to this system will permit viewing of current information on documents-filed.-with the County Recorder (Abstract) and Registrar of Titles (Torrens) retained in the Document Recording System since January 3, 1988. ~. __- Civil A~rr>ated~z racking_System (CATS Access to this-sys~em will. status information, including family and unlawful detainer matters appearing in the District Court. The system will identify the case-by-case type and will provide information on filing and appeazance activities, including whether or not the case is closed. There is also an attorney table which provides information on all known attorneys on a case. Sheriff Warrant System: Access to this system will permit inquiry into the Sheriffs Warrant System (Warrant System). This inquiry will be by name seazch and will provide warrant related information, including warrant number, date, offense and other public data contained in the Warrant System" • "In addition #o the terms and conditions of Contract No. A01384, of which this Exhibit A forms a part, it is also specifically agreed that access to and use of the Warrant System will be governed by and subject to the following: A. It is planned that mobile digital terminals will also be utilizing the Warrant System, and the reasonable possibility exists that a great number of such mobile digital terminal accesses could result in the overloading and slowing down of the computerized criminal justice system of the County, which includes the Warrant System In the event such overloading should occur, the County, through the Iiennepin County Sheriff (Sheriff), reserves the right to suspend and/or allocate access to the Warrant.System as follows: 1. If the Sheriff believes that due to said overloading there is the immediate need to reduce access to the Warrant System, he may, upon oral notification to User, suspend and/or apportion User's Warrant. System access for a period not to exceed 144 hours from the time of said notice, provided abet the Sheriff shall immediately send to User a written communication verifying and reiterating the contents of such oral notice. The Sheriff may utilize as many 144-hour suspension/allocationperrods as he-may deem the circumstances reasonably require, provided that said oral-and corresponding written notices aze given for each such period. 2. In addition to the right of the Sheriffto immediately suspend and/or apportion Warrant System access because of system ~~rerloading, as aforesaid, the Sheriff for said overloading may also suspend and/or apportion Warrant System access for indefinite or specific time periods, as he may deem appropriate; provided that any such suspension or allocation period shall not commence earlier than- five (5) days following the' date of receipt by User of written notice from the Sheriff, which notice shall specify the date of commencement of any such suspension and/or allocation, the details thereof, and, in the case of a specific time period, the date of its termination; provided further that for suspensions and/or allocations of an indefinite period, the Sheriff may recommence User's access to the Warrant System by giving to User written n®tification of the same. Note: 8926, [.Dais 3. The Sheriff shall monitor the circumstances surrounding the overload and/or the • problems which caused the same and shall cancel any aforesaid suspension or allocation period and recommence User's Warrant System access, giving User prompt notice of the same, whenever in his judgment the circumstances permit and/or such problems have been adequately resolved. If the Sheriff determines that the circumstances do not permit restoration of full access, the Sheriff may restore such access as he determines. appropriate until such time as he determines that restoration of full access is feasible, provided that. written notice of any such determination shall be promptly given to User. 4. The Sheriff may utilize any one or a combination of the aforesaid suspension/allocation ...alternatives for as manytimes as he deems necessary in order to achieve the herein stated purpose. 5.: The rights of the Sheriff hereunder respecting the alleviation of overloading are in .addition to and not in limitation of similar. rights of the County provided for in said Contract No. A01384. However, in addition to any said rights of the County, the County, in an effort to alleviate overloading problems which if determines to be contnbuted to by Uset's access, may terminate User's Warrant System access through a particular telephone line and require User - if User still"desires Warrant System access - to install and use a new dedicated line, with Userpaying the entire costs of such arr~geme~±. 6. User shall have no claim whatsoever against the County, the Sheriff or their officers, employees, agents or contractors respecting any aspect of any decision regarding whether. or not to suspend, allocate or terminate, as aforesaid. 7. The term "oral notification", as herein used, shall mean the oral communication of the pertinent information to the Police Chief of the City of Richfield or any one of his police captains or the on-duty shift supervisor. Said information maybe given to any of the aforenamed persons either in person or by telephone at the following telephone number: (612) 861-9800. User may change said telephone number by giving advance written n®tice of the new telephone number to the Sheriff. 8. For purposes of the herein provisions, the term "Sheriff' shall mean the Sheriff or his designee. B. In cooperation with the efforts of the County to avoid intensifying problems associated with the overcrowding of the Hennepin County Adult Detention Center (HCADC), User hereby warrants and agrees that unless and until its Warrant System access is completely terminated, as hereinabove provided in accordance with the termination or cancellation provisions of the herein contract (No. A01384), and not merely suspended as hereinabove set forth, User shall continue, its current practice Of detaming and trances no to a~rhnrhan rnnrt frr~m caul Nf`Afl(` gj] mi~,~~~ x:~.,~tc~vls~ye arrested or caused to be arrested by Richfield Police -whether or not as a result of information obtained from said'J`Jarrant System -and who are unable to secure release from custody. C. User agrees that all name matches or "hits" on warrant inquiries must be verified telephonically by the Hennepin County Sheriffs Warrant Division before any enforcement action or detention shall occur. Such verification shall include the ascertainment that the warrants are currently on file and active within said Warrant Division, in particular whether or not each warrant has been executed or :.cancelled. User also agrees that all conditions, i.e., nightcapped, etc., respecting each warrant are ,.appropriately observed." D. User shall be solely responsible. for selecting obtaining, installing, maintaining, repairing modifying and/or replacing any equipment used to access or attempt to access said Warrant Files. Any such equipment shall herein after be referred to as "User Equipment". At User's request, the County will fimrnish to User information concerning equipment which the County reasonably believes to be compatible with the County's computer system It will be the User's responsibility to verify with . the seller, manufacturer, distributor; etc. of the equipment the accuracy of the information so fiunished by the County and also to obtain frown any such entity any additional necessary information. The Note: 8926, Logis 2 fiunishing of such information shall in no manner be construed as an expression of the County's • guarantee or warranty of the. equipment's quality or performance or its compatibility with said computer system. The County shall incur no liability whatsoever with respect to the furnishing or content of said information or with respect to the equipment's quality, performance or incompatibility. Information so received from the County shall not preclude User from acquiring other equipment 4 which User believes to be compatible with the computer system, provided that the County shall in no manner be liable with respect to any resulting incompatibility or in any other respect whatsoever. . _ _._ .User fully understands and agrees that the County may change, modify and/or reulace said computer system, any components thereof including, without limitation, any related software or wiring or cabling, thus, perhaps necessitating replacement of, changes to, and/or modification of User Equipment to access said computer. system and that in any-such event the County will in no manner be ,liable for the cost$ in any respect associated. with User's equipment but that-User shallbear the full costs thereof. .. E. Although. User's access to public information under said Contract No. A01384 is ®rdinarily restricted to County business hours, warrant system access will be available to User 24 hours a day, 7 days a week, except for scheduled and non-scheduled downtime. F. Contractor agrees to abide by the provisions of the Minnesota Government Data Practices Act and all other applicable state and federal laws, rules and. regulations relating to data privacy or confidentiality, and as any of the same maybe amended. Contractor agrees to defend and hold the County, its officers, agents and employees harmless from any claims, liabilities, losses and damages in any manner resulting from: 1. Contractor's unlawful disclosure and/or use of such protected data, and/or 2. the County's authorization of User to access said i~Varrant System II. Usage Charge A File Inquiry fee of $.0156 per transaction will be charged monthly for each inquiry to the system III. Network Support Charge The USER will be charged $572.00 monthly ($22.00 each-$16.00 basic and $6.00 host) for 26 workstations connected to Hennepin County's teleprocessing network. The USER will be charged an additional $22.00 for each additional connection. 1V. _ Frame Relay.. 1. For purposes of the aforementioned contract (including this exhibit), the term "telephone line(s)" includes without limitation any and all lines, cabling, communication .circuits, and/or data circuits in connection with the frame relay circuit and related equipment and/or software. 2. User understands and agrees that the County will not be responsible in an manner'for accessing and linking any portion of User's frame relay circuit with lines and/or connections owned or used by the. County. 3. User understands and agrees that User, Logis and/or other person -not the County -will: a. provide, maintain, diagnose and correct problems of, and support such frame relay and its access link; b. be responsible for the installation and configuration of the IBM 3270 emulation software; Note: 8926, Logis 3 • L' • V. c. be responsible for the configuration of members wide azea network to support the bridging protocols required for access to-the County; d. diagnose and correct problems with the 3270 emulation software; provided that the County when requested by User will render such assistance as the County deems it reasonably can; such assistance shall be rendered only from County premises consistent with the terms and .conditions of said contract No. A01384; and e. notify the County of planned outages that will affect User. User Premises City of Richfield Assessor 6700 Portland Avemie South Richfield, MN 55423-2599 City of Richfield Folice, Department _ 6700 Porttand Avenue South Richfield, MN 55423-2599 Note: 8926, [.Dais 4 • STAFF REPORT AGENDA SECTION: Consent AGENDA ITEM # 4A REPORT # 261 CITY COUNCIL MEETING OCTOBER 22, 2001 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME, TITLE REPORT PRESENTER: CHRIS REGIS, FINANCE MANAGER TITLE • DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of appointment of HLB Tautges Redpath, Ltd., as the City's auditor for the financial reporting fiscal years 2001-2003, and to authorize the City Manager and Mayor to execute an agreement for such services. I. RECOMMENDED ACTION: By Motion: Approve the appointment of HLB Tautges, Redpath, Ltd., as the City's auditor for the financial reporting fiscal years 2001-2003, and to authorize the City Manager and Mayor to execute an agreement for such services. II. BACKGROUND During the fall of 1998, the City, through the request for proposal process, began the search for the selection of a City auditor for the financial reporting fiscal years 1998-2000. From that process, the audit firm of HLB Tautges Redpath, Ltd., was selected for • the three-year period. The initial three period ended with the audit of the 2000 financials. HLB Tautges Redpath, Ltd., has notified the City that it would .like to continue to provide audit service to the City. 1022audit HLB Tautges Redpath, Ltd., is a leader in auditing municipalities in the Twin Cities' area and audits more municipalities that consistently receive the GFOA Certificate • than any other audit firm in the area. In addition, they have provided the City of Richfield with quality auditing services and technical expertise in a variety of specialty areas over the past three years. III. BASIS OF RECOMMENDATION A. POLICY • It is most important to note that the selection of an auditing firm is exclusively within the purview of the- City Council. The function of any auditor is to audit work performed by staff and report directly to the City Council. with-the results. B. CRITICAL ISSUES • N/A C. FINANCIAL • If Council approves the appointment of HLB Tautges Redpath, Ltd., the fee for audit services is not to exceed $34,600. This is a 3.98% increase over 2000 fees for service. • D. LEGAL • N/A IV. ALTERNATNE RECOMMENDATION~S~ • If the City Council is not comfortable with continuing-with the same auditing firm that has audited .the Cityfor the past three years, the City Council can direct staff to seek proposals for auditing services. V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None •