02-28-00 agendaCITY OF RICHFIELD, MINNESOTA
MONDAY, FEBRUARY 28, 2000
REGULAR CITY COUNCIL MEETING
7:00 P.M.
RICHFIELD CITY HALL
COUNCIL CHAMBERS
6700 PORTLAND AVENUE
AGENDA
INTRODUCTORY PROCEEDINGS
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES OF REGULAR CITY COUNCIL MEETING OF FEBRUARY
14, 2000
• PRESENTATIONS
1. PRESENTATION OF PLAQUE TO HRA COMMISSIONER RUSS SUSAG
2. PRESENTATION OF ALCOHOL COMPLIANCE CHECK SUMMARY
INFORMATION
INDIVIDUALS WHO WISH TO ADDRESS THE COUNCIL ARE REQUESTED TO
PRINT THEIR NAME AND ADDRESS ON THE SPEAKER'S REGISTER FOR THE
RECORD.
3. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT
ON THE AGENDA
AGENDA APPROVAL
4. COUNCIL APPROVAL OF AGENDA
CONSENT CALENDAR
. 5. CONSENT CALENDAR CONTAINS SEVERAL SEPARATE ITEMS WHICH ARE
ACTED UPON BY THE CITY COUNCIL IN ONE MOTION. ONCE THE CONSENT
CALENDAR HAS BEEN APPROVED, THE INDIVIDUAL ITEMS AND
RECOMMENDED ACTIONS HAVE ALSO BEEN APPROVED. NO FURTHER
COUNCIL ACTION IS NECESSARY. HOWEVER, ANY COUNCIL MEMBER MAY
REQUEST THAT AN ITEM BE REMOVED FROM THE CONSENT CALENDAR
AND PLACED ON THE REGULAR AGENDA FOR COUNCIL DISCUSSION AND
ACTION. ALL ITEMS LISTED ON THE CONSENT CALENDAR ARE
RECOMMENDED FOR APPROVAL.
A. CONSIDERATION OF APPROVAL OF RESOLUTION REQUIRING RICHFIELD
CITY EMPLOYEES NOT TO FLY ON WORK-RELATED TRAVEL BETWEEN
HOURS OF 10 P.M. AND 7 A.M. S.R. NO. 57
B. CONSIDERATION OF APPROVAL OF RESOLUTION AUTHORIZING
SUBDIVISION WAIVER OF PROPERTY AT 6817 QUEEN AVENUE THAT
WOULD ENABLE PROPERTY OWNER TO DIVIDE PROPERTY INTO TWO
LOTS S.R. NO. 58
C. CONSIDERATION OF APPROVAL OF RESOLUTION APPOINTING LARRY
EMOND AND GLENN ERICKSON TO 2000 BOARD OF EQUALIZATION AND
SETTING COMPENSATION FOR SERVICE S.R. NO. 59
D. CONSIDERATION OF APPROVAL OF SETTING PUBLIC HEARING ON MARCH
27, 2000 TO CONSIDER PROPOSED TRANSFER OF CONTROL OF KBL
CABLE SYSTEMS OF THE SOUTHWEST, INC. THROUGH PROPOSED
MERGER WITH AMERICA ONLINE S.R. NO. 60
E. CONSIDERATION OF APPROVAL OF CANCELING REGULAR CITY COUNCIL
• STUDY SESSION OF MARCH 6, 2000 AND SCHEDULING SPECIAL CITY
COUNCIL STUDY SESSION ON MARCH 13, 2000 S.R. NO. 61
F. CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS,
ORDERING CITY PROJECT NO. 503-30-577 AND AUTHORIZING
ADVERTISEMENT FOR BIDS FOR PROPOSED STORM WATER SYSTEM
IMPROVEMENTS IN VICINITY OF 70TH STREET AND RUSSELL AVENUE
S.R. NO. 62
PUBLIC HEARING
6. PUBLIC HEARING AND SECOND READING OF ORDINANCE RELATING TO
REGULAR MEETINGS OF CITY COUNCIL, AMENDING SUBSECTION 205.01 OF
RICHFIELD CITY CODE, AND APPROVAL OF RESOLUTION ADOPTING RULES
OF PROCEDURE AND DECORUM FOR CITY COUNCIL MEETINGS
STAFF REPORT NO. 63
RESOLUTION
7. CONSIDERATION OF RESOLUTION APPROVING THE PROVISIONS OF 2000-
2001 LABOR AGREEMENT WITH LAW ENFORCEMENT LABOR SERVICES,
• LOCAL 225
STAFF REPORT NO. 64
PROPOSED ORDINANCES
8. CONSIDERATION OF FIRST READING OF PROPOSED ORDINANCE
AMENDMENT TO CITY ADMINISTRATIVE CODE SECTION 1, SUBSECTION
310.33, 310.37 AND 310.07 DESCRIBING VACATION LEAVE, PERSONAL
LEAVE AND BACKGROUND INVESTIGATIONS AND SETTING PUBLIC
HEARING AND SECOND READING FOR MARCH 27, 2000
STAFF REPORT NO. 65
ADMINISTRATIVE REPORTS AND OTHER BUSINESS
9. CONSIDERATION OF REVISED MEMORANDUM OF UNDERSTANDING AMONG
CITY OF RICHFIELD, MINNESOTA DEPARTMENT OF TRANSPORTATION AND
METROPOLITAN AIRPORTS COMMISSION; AND REVISED AGREEMENT
BETWEEN CITY OF RICHFIELD AND THE MAC RELATED TO LAND
ACQUISITION FOR IMPROVEMENTS AT INTERSECTION OF 66TH STREET
AND TRUNK HIGHWAY 77
STAFF REPORT NO. 66
AIRPORT BUSINESS
10. AIRPORT STATUS REPORT
CORRESPONDENCE
11. LEGISLATIVE REPORT
COUNCIL CHOICE
12. COUNCIL DISCUSSION ITEMS
13. CLAIMS AND PAYROLLS
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.
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Administrative
AGENDA SECTION: Revorts
AGENDA ITEM # 9
REPORT # 66
STAFF REPORT
COUNCIL MEETING DATE:
FEBRUARY 28, 2000
REPORT PREPARED BY: TOM FOLEY, TRANSPORTATION ENGINEER
NAeE, TITLE
REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS
DIRECTOR
NAME TITLE
DEPARTMENT DIRECTOR REVIEW:
/ SIGNA RE
REVIEWED BY CITY MANAGER:
r
•
ITEM FOR COUNCIL CONSIDERATION:
Consideration of revised Memorandum of Understanding among the City of Richfield, the
Minnesota Department of Transportation and The Metropolitan Airports Commission and
consideration of revised agreement between the City of Richfield and The MAC related to land
acquisition for improvements at the intersection of 66th Street and Trunk Highway 77 (TH 77).
I. RECOMMENDED ACTION:
By motion
• Authorize the City Manager and Mayor to sign the revised
Memorandum of Understanding among the City of Richfield, the
Minnesota Department of Transportation and the Metropolitan
Airports Commission related to the construction of a new
interchange at 66th Street and Trunk Highway 77.
• Authorize the City Manager and Mayor to sign the revised right of
way agreement between the City of Richfield and the Metropolitan
Airports Commission related to land acquisition for the required
right-of-way for the west ramps at the intersection of 66th Street
and Trunk Highway 77. .
111. BACKGROUND
J
As noted at the January 24, 2000 Council meeting, a minor housekeeping revision to the
Memorandum of Understanding (MOU) between the City, The MAC and the Minnesota
Department of Transportation (Mn/DOT) was requested by The MAC. Council approved
signing the revised MOU. Since that time, an additional revision has been requested.
? City, The MAC and MnDOT
? Agree to jointly participate in the development of a storm water management plan for
. the project area (66th Street and TH 77 interchange) and adjoining developments.
On January 24, 2000 the Council took action to authorize the City Manager and Mayor to sign
the right of way agreement between the City of Richfield and The MAC related to land
acquisition for the required right-of-way for the west ramps at the intersection of 66th Street
and Trunk Highway 77. This authorization to sign included action to amend Section 7 of the
agreement to read seven years instead of-five years. A compromise of eight years, including
the two years for construction, was reached and the agreement was forwarded to The MAC.
The Agreement was approved by The MAC Board on February 22. The MAC has requested
the City consider the following:
:• City
? If the City does not receive $30,000,000 from the state legislature that can be used to
reimburse MAC for the $7.0 million used to acquire ROW, Richfield will make
repayment with all funds that it receives from other sources in excess of $20,000,000
that are available for use as repayment and are in addition to other funds currently
anticipated to be required to make development in the area feasible.
Revised process for acquiring and disposing of land.
? The MAC
? Interest at 5.462% on the $7.0 million advanced to the City will.not begin to accrue until
MAC has transferred the parcel within the Longfellow Avenue loop to MnDOT. The land
transfer is expected to occur on or about January 1, 2001.
? In the event that the repayment funds are not available by January 1, 2008, MAC can
choose to have transferred to it all of the remaining remnant parcels.
III. BASIS OF RECOMMENDATION
A. POLICY I
• On August 9, 1999 the City agreed to a Memorandum of Understanding
(MOU) among the City, The MAC and the Minnesota Department of
Transportation (Mn/DOT). The MOU is not a binding agreement but it
expresses the intent of the three participating agencies on the measures they
will take to improve the interchange. A revised MOU was approved by the
City Council on January 24, 2000. The MAC has requested additional minor
housekeeping revisions.
• On January 24, 2000 the Richfield City Council approved, with an
amendment to Section 7, execution of an agreement related to land
acquisition for the required right-of-way for the west ramps at the intersection
of 66th Street and Trunk Highway 77. The agreement, as amended by
Richfield, has now been considered by The MAC. The MAC has requested
amendments to the agreement.
I.B. CRITICAL ISSUES
I
N/A
•
C. FINANCIAL ?r
• No City of Richfield general funds are scheduled to be used to implement this
agreement.
• If the City wants to buy back some of the remnant parcels of land, the
agreement allows for the buy back at market rate.
D. LEGAL I
• The City Attorney has reviewed all revisions proposed by City staff and The
MAC staff during drafting of the proposed amendments to the MOU and the
right-of-way agreement.
E. TIMING
• If Council approves the right of way agreement and the additional language
for the Memorandum of Understanding, land acquisition may begin as soon
as March 2000. If the Council delays action, land acquisition will be delayed.
•
IV. ALTERNATIVE RECOMMENDATION(S)
• Do not authorize execution of the revised agreement. However, for improvements
to be made to the 66th Street and TH 77 interchange, the agreement is necessary
for land acquisition to begin.
• Make additional revisions to the proposed agreement. However, the City Attorney
and City staff have reviewed the agreement and believe that the agreement
adequately addresses the City's concerns.
V. ATTACHMENTS
• Memorandum of Understanding among the Minnesota Department of
Transportation, the Metropolitan Airports Commission, and the City of Richfield.
• Amended Right of Way Agreement by and between the City of Richfield and The
Metropolitan Airports Commission.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• N/A
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0 Insert MOU - latest version
February 8, 2000
MEMORANDUM OF UNDERSTANDING BETWEEN
THE MINNESOTA DEPARTMENT OF TRANSPORTATION,
THE METROPOLITAN AIRPORTS COMMISSION,
AND
THE CITY OF RICHFIELD
WHEREAS, the Minnesota Department of Transportation ("Mn/DOT"), the Metropolitan
Airports Commission ("MAC'), and the City of Richfield ("City") wish to
proceed with a construction project to reconstruct the 66th Street/Trunk
Highway 77 (TH 77) interchange including bridge widening and 66th Street
widening; and
WHEREAS, MAC completed development of the Final Environmental Impact
Statement (FEIS) under the Dual Track Process in May 1998. This
process identified as a preferred alternative the construction of new
runway 17-35 and additional improvements to the existing airport. A
Federal Record of Decision (ROD) was issued by the Federal Aviation
Administration on September 23, 1998 completing the necessary federal
approval of the project. An Adequacy Determination was approved by the
Minnesota Environmental Quality Board on November 23, 1998
completing the necessary state approval of the project. The approved
FEIS documented the need for improvements to 66th Street and TH 77
and directed the development of a Design Study Report (DSR) due to the
impacts of relocating air cargo operations; and
WHEREAS, MAC received final approval of an Indirect Source Permit (ISP) from the
Minnesota Pollution Control Agency on March 8, 1999 which requires
MAC to complete improvements to the interchange at 66th Street and TH
77 prior to opening the new runway; and
WHEREAS, The DSR recommended proceeding with interchange improvements on
both the east and west side of the interchange as generally shown on
attached Exhibit A, ("Project"), to be constructed in two stages and
completed prior to the opening of new runway 17-35. The DSR was
approved by MAC on January 10, 2000; and
WHEREAS, Insomuch as these improvements are identified and incorporated into the
approved FEIS, ROD, Adequacy Determination and ISP documents and
are recommended and approved through the DSR, and, such
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• improvements require MAC involvement and funding to facilitate their
completion in a timely manner; and
WHEREAS, Mn/DOT, MAC, and the City believe that by combining resources and
working together we will be able to provide a better project and provide
more efficient use of resources; and
WHEREAS, Mn/DOT, MAC, and the City in the future will enter into necessary
cooperative construction agreements to reconstruct the 66t" Street/TH 77
Interchange and ramps, widening of bridge no.9195, widening of 66th
Street, auxiliary lanes on TH 77, access modifications, and ramps
closures; and
WHEREAS, construction is planned to begin in the year 2000 and be completed by the
year 2002.
WHEREAS, Mn/DOT has pledged funding for the project based on the actual cost of
widening and any structural modifications and repairs to existing bridge
(#9195) to facilitate a long term solution to local demand-driven
development by MAC and the City; and
WHEREAS, the balance of project financing will come jointly from Federal, State, City,
and MAC funds; and
WHEREAS, Mn/DOT's contribution of funds to the project will include an additional
$2.52 million to satisfy the financial terms of existing Lease Agreement
#10821. These funds will be made available to MAC on July 1, 2000
through cooperative construction agreements between MnDOT and MAC.
NOW THEREFORE, Mn/DOT, MAC, and the City agree to the following:
1. This Memorandum of Understanding ("MOU") is not a binding agreement
and that any binding obligations of the parties to this MOU will be made
pursuant to written and properly executed and approved agreement(s).
2. Mn/DOT has certain project objectives and goals that must be
accomplished by the 66th Street/TH 77 Interchange reconstruction project,
referred to as "Project" and as shown in the DSR, staff approved layout,
and on attached Exhibit A including the following:
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• The existing 66th Street bridge (#9195) over TH 77 will be wide ed to the
North to facilitate local demand-driven lane additions.
• The widened section of the bridge over TH 77 will be longer than the
existing bridge to accommodate future expansion of TH 77 to a three (3)
lane urban section in each direction.
• The widened bridge section will minimize traffic disruption when the
existing bridge structure requires replacement in the future.
• The existing substandard exit and entrance ramps to 66th Street from TH
77 will be reconstructed.
• The new entrance ramps will be metered and operated by the Mn/DOT
Traffic Management Center.
• The new northbound (NB) entrance ramp will be constructed with an
HOV bypass.
• The east shoulder of NB TH 77 from the NB 66th Street to TH 77 entrance
ramp, to the NB TH 77 to the EB TH 62 exit ramp will be reconstructed as
an auxiliary lane.
• The SB TH 77 shoulder from the EB TH 62 to SB TH 77 entrance ramp to
the SB TH 77 to 66th Street exit ramp will be reconstructed as an auxiliary
lane.
• The interchange reconstruction will allow for future closure of the
southbound TH 77 exit ramp at 63rd Street.
• All design and construction work will be done in accordance with
Mn/DOT standards and specifications.
• The work will be considered to be a single unified project, and although
phasing or staging of the various elements may be necessary, the parties
intend that all the work shown on Exhibit A will continue to completion
once started.
• The construction of the 77th Street underpass of TH 77 along with the
ramp from 77th Street to NB TH 77 will allow for closure of the slip ramp
from Longfellow Avenue to NB TH 77.
In addition, and outside of the scope of the Project, Mn/DOT and the City
further agree to the following:
• The 66th Street/TH 77 interchange reconstruction along with the
construction of the SB TH 77 exit ramp to the 77th Street underpass of TH
• 77 will allow for closure of the ramps at Diagonal Boulevard.
9-(0 • The closure of the ramps at Diagonal Boulevard will allow for the
modification of the new ramp from 66th Street to SB TH 77 to add an
HOV bypass along with the standard acceleration taper to TH 77.
• 3. MAC will be the lead agency for the Project and will coordinate all of the
preliminary and final design engineering for the Project as shown on Exhibit A.
MAC and Mn/DOT, as the case may be, will contribute the necessary right of way
for construction of the east side ramps. Exclusive of the work identified in the
following paragraph 4, MAC agrees to assume the costs of development of the
plans and the construction of the improvements shown in Exhibit A, including
construction engineering, contract administration, and inspection, for the ramps,
retaining walls, signals, ramp intersections, 66th Street widening, auxiliary lanes
on TH 77, and ramp closures. -
4. Mn/DOT will perform all of the preliminary and final design engineering for the
widened and modified bridge section over TH 77 including the bridge survey,
geotechnical investigation for the widened bridge section, and the preliminary and
final bridge plans. The widened bridge section will be based on the recommended
geometric configuration as shown on Exhibit A and contained in the DSR and
staff approved layout. Mn/DOT will perform and agrees to assume all costs
associated with the development of the bridge plan.
5. Mn/DOT agrees to release to the City all remaining Mn/DOT remnant parcels
west of TH 77 between TH 62 and 77th Street for redevelopment purposes
(through zero-dollar right of way exchanges) after the right of way required by
Mn/DOT that will accommodate the widened bridge section, the new west side
ramps, the future six-lane urban freeway section on TH 77 with the necessary
clear zones, snow storage areas, utility corridor, and potential ponding areas has
been determined. Remnant parcels will be based on a survey provided by the City
and will take into consideration lands needed for the 77th Street project as well as
MnDOT's future needs for TH 77.
6. Mn/DOT agrees to release to MAC, in accordance with the provisions of the
separate Memorandum of Understanding between Mn/DOT and MAC, all
Mn/DOT remnant parcels on the east side of TH 77 between TH 62 and the 77th
Street underpass, after considering the needs for the 77th Street underpass project,
the future ramp from 77th Street to NB TH 77, the future six-lane urban freeway
section on TH 77 with the necessary clear zones, snow storage areas, and
potential ponding areas, except for the remnant created within the Longfellow
Avenue loop at 66th Street.
7. Mn/DOT agrees to provide construction engineering, contract administration and
inspection for the widened bridge section, at no cost to MAC and the City.
Mn/DOT is available to provide construction engineering, contract administration
and inspection including lab testing for the non-bridge portion of the project with
costs based on the usual Mn/DOT percentages for roadway construction, on a
reimbursement basis. Any financial compensation for this service will be included
in the cooperative agreement amount.
8. The City will acquire the necessary right of way for construction 'of the west side
ramps and the widening of 66th Street pursuant to procedures to be established in
a subsequent agreement between MAC and the City. MAC will advance the City
• the necessary funds to finance the acquisition of the land necessary for the west
side ramps as identified on attached Exhibit A. That amount is estimated to be
approximately $7,000,000. Such advanced funds will be repaid to MAC at the
time the City receives the funds provided by Laws of Minnesota, 1999, Chapter
243, Article 16, section 35; or within 60 days following the date that the City
receives funds from any other source which it determines to be in lieu of such
funds. The repayment obligation will include interest at the annual rate of
5.462% commencing on the date that the provision outlined in Paragraphed 12 of
this MOU is carried out. Until repayment is made, the City may not make
available any remnant portion of:such lands for sale or lease to any third parties,
without the consent of MAC. If repayment is not made prior to January 1, 2008,
the City will authorize MAC to make said remnants available for sale. All
proceeds from such sale shall first be used to repay MAC for the funds advanced
plus interest, with the balance, if any, to MAC for repayment of construction costs
for the interchange project. MAC shall have no recourse for the repayment of
funds advanced by it other than by such sale, and the City shall have no obligation
to pay any deficiency until and unless funds become available to it as provided
above.
9. Mn/DOT, MAC, and the City agree that upon completion of construction,
Mn/DOT will assume ownership and all maintenance responsibilities for the
widened bridge, the new ramps and ramp signals consistent with current
maintenance policies and procedures.
10. The routine maintenance responsibilities for 66 h Street will be in accordance with
the provisions of the Maintenance Agreement to be entered into between
Hennepin County and the City. The City will also take the lead in securing the
necessary permits from the county for construction on 66 h Street.
11. MAC will assume ownership and all maintenance responsibilities for Longfellow
Avenue.
12. MAC will transfer to Mn/DOT the remnant parcel lying within the Longfellow
Loop at 66th Street in accordance with the provisions of the separate
Memorandum of Understanding between Mn/DOT and MAC. It is intended that
this transfer will occur no later than January 1, 2001.
13. Mn/DOT, MAC, and the City agree to jointly participate in the development of a
stormwater management plan(s) for the project area and adjoining developments.
14. MAC agrees to prepare plans in conformance with Mn/DOT state specifications
with approval of plans by Mn/DOT and the City. The letting of bids and
acceptance of all bid proposals shall be done by MAC with the exception of work
• for the widened and modified bridge section as described in paragraph 4, which
shall be let by Mn/DOT.
15. Mn/DOT, MAC, and the City agree that the limit of State financial participation
in this project will be;
q _ g 1. The actual cost of a standard bridge design for the modified and
widened bridge (#9195) which will be determined prior to letting.
These funds will be made available at the time of letting for the bridge
• widening and improvements.
2. A total of $2.52 million to satisfy the financial terms of existing Lease
Agreement #10821. These funds will be made available to MAC on
July 1, 2000.
These costs will be the basis for the cooperative construction agreements between
MnDOT, MAC, and the City. The cooperative construction agreements will be
executed prior to project letting.
•
•
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I concur with this Memorandum of Understanding.
MINNESOTA DEPARTMENT OF
TRANSPORTATION
CITY OF RICHFIELD
Richard A. Stehr
Metro Division Engineer
METROPOLITAN AIRPORTS COMMISSION
Jeffrey Hamiel
Executive Director
Samantha Orduno
City Manager
-Michael. Eastling
Director of Public Works
9-9
METROPOLITAN COUNCIL
Recommend Concurrence
James Solem
Executive Director
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Insert Revised ROW Agreement - latest version L?-/D
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DRAFT
2/15/00
AGREEMENT
THIS AGREEMENT, made and entered into as to this day of , , by
and between the CITY OF RICHFIELD, a Minnesota municipal corporation, ("Richfield") and
THE METROPOLITAN AIRPORTS COMMISSION, a , ("MAC").
WITNESSETH:
•
' WHEREAS, on Richfield and MAC entered into that
certain document entitled Memorandum of Understanding between the Minnesota Department
of Transportation ("Mn/DOT"), The Metropolitan Airports Commission and the City of Richfield
("MOU"); and
WHEREAS, the MOU was intended to establish the framework for subsequent
enforceable agreements between the parties to the MOU for a construction project to
reconstruct the 66th Street/Trunk Highway 77 Interchange including bridge widening and 66th
Street widening, all as more fully described in the MOU ("Project"); and
WHEREAS, the MOU contemplated a binding agreement between Richfield and MAC,
to address the construction of the west-side ramps, and the financing of the cost of such
improvements.
NOW THEREFORE, in consideration of the mutual promises and mutual obligations of
the parties contained herein, each of them does hereby represent, covenant and agree with
the other as follows.
1. Richfield's Obliaation. Richfield shall acquire, in its name, fee title to the parcels of
land necessary for the required right-of-way for the west side ramps, which will be constructed
by MAC, following demolition of all improvements currently located thereon by MAC, in
accordance with the plans and specifications and construction timetable that will be contained
in the cooperative agreement between MAC and Mn/DOT, with completion of the Project to
occur prior to the opening of the new north-south runway, currently scheduled for December,
2003. The parcels subject to full and partial acquisition by the City are shown on attached
Exhibit A Richfield shall have input in the preparation of such documents to the extent they
relate to the timing of Richfield's acquisition activities. Richfield also agrees that it will subject
all parcels so acquired to a covenant, to be filed among the land records, at the time Richfield
files its title, reciting the limitations placed on the sale and encumbrance of any remnants of the
parcels not required for the Project, and describing the mechanism for release thereof, all as
provided for in this Agreement. The City will transfer all right and title for the right-of-way
required by Mn/DOT to accommodate the widened bridge section, the new west side ramps,
the future six-lane urban freeway section on TH 77 with the necessary clear zones, snow
storage areas, utility corridor and potential ponding areas once the location of such areas
have been determined. Remnant parcels will be based on a survey provided by the City.
Fundina. Subject to the provisions of Section 3 of this Agreement, MAC agrees to
provide Richfield the funds necessary to finance the cost of said right-of-way acquisition. The
cost of such acquisition was estimated in the MOU to be $7,000,000, however, the actual
amount may be more or less. The parties agree that the costs to be funded by MAC will be the
actual costs incurred, expended or committed by Richfield for the following:
• Purchase price for lands acquired whether by voluntary purchase or by condemnation.
• Relocation payments made as the result of such acquisitions.
• Title and appraisal costs,
• Filing, service and commissioner fees in condemnation actions.
• Real estate taxes or installments of special assessments that are required to be paid as a
result of condemnation. (Subject to credit for Richfield share)
• Recording filing fees and deed tax for all real estate transfers.
• Richfield right-of-way consultants (appraisal and relocation), reasonable legal fees and
staff costs. Staff costs shall be only for City staff time and expenditures directly related
to right-of-way acquisition and relocation activities, and shall not exceed $37,000.
• Property maintenance costs following closing and prior to demolition.
3. Riaht-of-wav purchase process and timina of approvals and Davments by MAC
Richfield will be required to adhere to the following process for approval by MAC of any
acquisitions and Expenditures:
Richfield will be required adhere to the acquisition and relocation procedures contained on
United States Department of Transportation Regulation 49 CFR Part 24, and related
Minnesota laws.
(a) As part of the land acquisition process, Richfield will be required to
prepare two appraisals for each parcel to be acquired. Richfield shall select its
appraisers, and relocation consultants from consultant lists maintained by the
Minnesota Department of Transportation. Upon completion of these appraisals,
Richfield will prepare a summary of the appraisals. The appraisals, along with the
summary comments, will be forwarded to a Review Appraiser, selected by MAC from
the approved list of appraisers, for comments, revisions, and certification.
(b) The certified appraisals, review appraisal, along with a summary of
anticipated settlement amounts shall be forwarded to the MAC Executive Director, or his
designee, for review and approval.
(c) The Executive Director, or his designee, will have 10 working days to
respond to Richfield with approval or disapproval of the anticipated settlement amounts
to be included in an offer to the property owner, or other party entitled to relocation
benefits. Upon approval, the Executive Director, or his designee, will then authorize
Richfield to enter into purchase agreements for amounts up to 110%, of the approved
settlement amount, not to exceed an additional $25,000. If the Executive Director
disapproves any proposed settlement amounts, Richfield and MAC will meet and confer
to determine an acceptable settlement amount. At it's discretion, MAC shall have the
right to request an additional appraisal, to be developed by an appraiser selected by
MAC from the approved list of appraisers.
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(d) Should the value of any settlement offer exceed 110%, of the authorized
amount, not to exceed an additional $25,000, MAC shall have 10 working days following
such notice by Richfield to approve or disapprove of such a settlement. Failure to
00 respond shall be deemed as disapproval. Upon disapproval, MAC's obligation shall be
limited to the amount that does not exceed 110% of the authorized amount, not to
exceed an additional $25,000.
(e) Richfield shall notify MAC as soon as is practicable upon acceptance of
any authorized offer by a property owner. Funds for any authorized settlement amount
will be made available to Richfield at the time of closing. The closing date shall be
coordinated with MAC's accounts payable timeline to assure availability of funds.
(f) In cases where Richfield is unable to negotiate voluntary terms of sale
with a specific landowner, it will be necessary for Richfield to proceed with
condemnation actions to secure the parcel in time to meet the construction schedules
identified in the WOU", and subsequent cooperative agreement between MAC and
MnDOT. At the earliest time possible, when it is determined by Richfield that a
condemnation action is required, MAC and Richfield staff and legal counsel will meet
and confer. The purpose of this meeting will be to assess the feasibility and costs of an
alternative course of action and/or to prepare a joint legal strategy for condemnation
action.
(g) In accordance with the requirements of condemnation proceedings, the
Executive Director, or his designee, will authorize payments of quick-take deposits and
any court awarded settlement amounts.
(h) MAC payments to Richfield for all other costs shall be made not later than
30 days following the date that MAC has received evidence from Richfield that such
costs have been incurred, committed, or expended, together with customary
documentation reasonably supporting such request.
4. Repayment. Richfield shall repay MAC the payments made by MAC pursuant to
this Agreement, at the time Richfield receives the funds provided for by Laws of Minnesota,
1999, Chapter 243, Article 16, Section 35. If such funds are not available, Richfield will make
repayment with all funds that it receives from any other source or combination of sources in
excess of $20,000,000 that are available for use as repayment and are in addition to other
funds currently anticipated to be required to make development in the area feasible. The
repayment obligation will include interest at the annual rate of 5.462% commencing on the
date that MAC has made the transfer described in paragraph 12 of the MOU.
5. Restriction on Remnants. Until such time as repayment is made, Richfield may
not make sell or offer for sale, or otherwise encumber or pledge such remnants without the
consent of MAC. MAC agrees that it will not unreasonably withhold consent, and will consent
if Richfield pays MAC an amount equal to the fair market value of the remnant to be sold or
encumbered. The valuation date shall be the date of such sale or encumbrance. If more than
one remnant parcel is being sold or encumbered as part of a single transaction, fair market
value will be determined by treating such remnant parcels as a unit. If the parties are unable
to agree on the fair market value of the remnant parcel, such value will be determined by an
appraiser selected by MAC from the Minnesota Department of Transportation approved list of
appraisers. Proceeds from any sale under this paragraph 6 up to the total amount of MAC
funds paid to Richfield under paragraph 2, but less any payments made to MAC under
paragraph 7, together with accrued interest shall be paid to MAC and shall be credited to
13
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Richfield's repayment amount. The remaining amount shall continue as an obligation of the
City in accordance with the terms of this agreement.
6. Comaellina Transfer. In the event that the repayment funds are not available by
January 1, 2008, MAC shall have the option, at its discretion, to have transferred to it all or part
of the remaining remnant parcels; and Richfield agrees to sign all quit claim deeds and other
documents necessary to accomplish such transfer. It is understood that any such transfers will
be AS IS, WHERE IS, and without any warranty or representation on the part of Richfield. The
fair market value of the remnant parcels transferred to MAC will be credited to the repayment
amount.
In limitation of the foregoing, Richfield shall have the right, for 90 days following notice by MAC
to exercise its option, to notify MAC__ that Richfield will pay-the. fair!:market value for some or all
of the parcels subject to transfer to MAC.' Fair market value will be determined in the manner
described in paragraph 6 above. Payment to MAC of such amount shall relieve Richfield of
the obligation to transfer the involved remnant parcels to MAC; and such payments shall be
credited to Richfield's repayment amount.
In addition to the foregoing, MAC shall have the right, and Richfield shall have the obligation to
accept the reconveyance, for nominal consideration ($1.00) of any remnant parcels that MAC
determines, due to size, location or other factors, not to attempt to offer for sale.
7. Limitation on Repavment Obligation. It is understood that the only sources for
repayment are the funds described in paragraph 3 above and the sale proceeds described in
paragraphs 6 and 7 above.
8. Post Acauisition Activities. Riaht of Entrv and Indemnitv. Richfield will provide
MAC with all right-of-entry and construction easements necessary for MAC to enter onto the
Property for survey, maintenance, environmental and geotechnical investigations, demolition of
improvements, and the construction of the Project.
Richfield shall also provide MAC with the necessary permits, licenses and approvals required
to carry out the activities described above.
Richfield will also, at the appropriate time, convey the right-of-way to Mn/DOT.
9 Treatment of Rent. Rent received with respect to any Parcel based on continued
occupancy following acquisition by Richfield shall, at MAC's option either be paid directly to
MAC, or paid to Richfield and applied to reduce amounts to be paid by MAC under paragraph
2 above.
10. Development Controls. Richfield agrees that any remnant parcel developed by it,
and all other parcels in the area will be developed in conformity with Richfield's
Comprehensive Plan, and will adhere to any FAA limitations applicable to new construction
adjacent to airports.
•
14
9-/
IN WITNESS WHEREOF, the parties have set their hands as of the day and year first
above written.
0 CITY OF RICHFIELD
By
Samantha Orduno
Its City Manager
By
Martin Kirsch
Its Mayor
THE METROPOLITAN AIRPORTS
COMMISSION
By
Jeffrey Hamiel
Its Director
STATE OF MINNESOTA
ss..
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this day of
by Samantha Orduno and the Martin Kirsch, the City Manager and
Mayor respectively of the City of Richfield a municipal corporation, under the laws of
Minnesota by and on behalf of said corporation.
Notary Public
STATE OF MINNESOTA
ss..
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this day of
by Jeffrey Hamiel, Director of the Metropolitan Airports Commission, a
under the laws of by and on behalf of said
•
Notary Public
15
. ...-I I ?
Proposed
AGENDA SECTION: Ordinances
AGENDA ITEM # 8
REPORT # 65
REPORT PREPARED BY: DAWN WEITZEL,
HUMAN RESOURCES MANAGER
NAME, TITLE
STEVEN L. DEVICH,
REPORT PRESENTER: ADN
?NIsTRATivE SERVICES DIRECTOR
NAME, TI LE
DEPARTMENT DIRECTOR REVIEW: '060k+ -- f`
SIGNATURE 1
REVIEWED BY CITY MANAGER: `
• ITEM FOR COUNCIL CONSIDERATION:
First reading consideration of amendment to the City Administrative Code Section 1,
Subsection 310.33, 310.37 and 310.07 describing Vacation Leave, Personal Leave and
Background Investigations.
I. RECOMMENDED ACTION:
By Motion: Approve the first reading of the proposed ordinance
amendment to the City Administrative Code.Section 1, Subsection 310.33,
310.37 and 310.07 describing Vacation Leave, Personal Leave and
Background Investigations, and schedule the public hearing and second
reading for March 27, 2000.
III. BACKGROUND I
A recommendation is being made to amend Section 310.33 (Vacation Leave) from
an accrual rate of 6.47 hours to 6.77 hours for those employees beginning their
twentieth year of continuous employment. This change will affect those employees
• not represented by a Union. It is requested so that these employees are offered
some of the same Vacation Leave levels already given to some Union employees.
0228ordinance.doc
•
A recommendation is being made to amend Section 310.37 (Personal Leave) from
an accrual rate of 2.0 hours to 2.31 hours of personal leave biweekly for those
employees compensated under the management or general services compensation
pay plans. Maximum accrual rates would also change from 180 hours yearly to 192
hours. This change will affect those employees not represented by a Union. It is
requested so that these employees are offered some of the same Personal Leave
levels already given to some Union employees.
Finally, recommendation is being made to amend Section 310.07 (Background
Investigations) to include criminal history investigations for all final applicants for
City employment, volunteer work with children and/or vulnerable adults and
independent contractor candidates.
0
•
III. BASIS OF RECOMMENDATION
A.
POLICY
Section 310.33, Vacation Leave, and Section 310.37, Personal
Leave, aid in balancing some of the benefits offered to City
employees. Those benefits offered to Union employees should not
exceed those benefits offered to employees not represented by
unions. Furthermore, most employees represented by collective
bargaining agreements are males while unions do not represent the
majority of female employees.
The City of Richfield makes it a policy to only hire the most qualified
and competent people. An amendment to Section 310.07,
Background Investigations, (per Minnesota Statutes 13.05, Subd.
and Chapter 299C.60 through 64) will help us to continue this
employment practice and allow us to become more thorough. This
ordinance change allows Richfield's Public Safety Department to
perform background checks on all final applicants for City positions.
Background checks will also be conducted for those volunteers who
work in conjunction with children and/or vulnerable adults and
independent contractors.
4
Process:
1. All finalist candidates for employment, and volunteer work with
children or vulnerable adults, will be given a Data Practices
Advisory for Protected Information and Consent for the Release of
Information authorizing the release of private information. (Finalist
candidates are not legally required to provide the requested
information. However, if not signed, the City would be unable to
conduct the required background inquiries and would not be able
to consider the finalist for employment.)
2. All Data Practices Advisory for Protected Information and Consent
for the Release of Information forms would be given to the Human
Resources Division where the paperwork would be processed via
the Public Safety Department. The results of the background
check will be given to the Human Resources Manager.
01
C?L
3. The Human Resources Division will provide written authori a
to complete the hiring process.
B. CRITICAL ISSUES
• Section 310.07, Background Investigations: The Bureau of
Criminal Apprehension has taken the position that local police
departments may not use the Criminal Justice Information System to
conduct background checks for employment purposes unless a
statute or ordinance authorizes the department to do so. Without an
ordinance in place, the Police Division of Richfield would need to
conduct all background checks through the BCA at a rate of $8 a
check. This amendment to the ordinance will allow the City to use
either option.
C. FINANCIAL
• By amending Section 310.33, 13 Management and 11 General
Services employees would receive an additional vacation day in 2000
• By amending Section 310.37, Management and General Services
employees would receive an additional eight hours of personal leave
per year.
40
D. LEGAL .
• Amendment to Section 310.07, Background Investigations, will
protect the City in issues of negligent hiring. Disqualification of final
applicants would not take place solely or in part because of prior
conviction of a crime or crimes - unless the crime or crimes for which
convicted directly relate to the position of employment sought.
IV. ALTERNATIVE RECOMMENDATION(S)
Do not-amend the ordinance.
Defer discussion to another date.
Amend only a portion of the sections presented.
V. ATTACHMENTS
Data Practices Advisory for Protected Information, Consent for the Release
of Information
City Administrative Code changes
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
0
S-9
CITY OF RICHFIELD
0 Current Address (street address, city state, zip code, and county)
Consent for the Release of Information in Accordance with MSA 13.05, Subd. 4 (d)
I, , authorize the City of Richfield's Public Safety
Department to inspect, gather and release criminal history data, as defined by Minnesota Statute
13.87, Subd. 1 and drivers' license and traffic record data to the Human Resources Manager for the
City of Richfield. I understand that some of this data may be classified as private data under
Minnesota statutes and I hereby give my informed consent to the release of that private data by the
City of Richfield's Public Safety Department to the Human Resources Manager and other City staff as
appropriate.
This consent for the release of data is for the purpose of determining my suitability for employment
with the City of Richfield. This information cannot be used for any other purposes.
This authorization may be revoked in writing by me at any time and in no event will it be valid for more
than one year from the date below.
Signature of Individual Authorizing Release
Please print the following information:
Full Name (first, middle, last)
Alias Name(s) Former Name(s)
Previous Address(es)
Driver's License State and Number
Social Security Number
Date
Driver's License Expiration Date
Date of Birth Gender
I certify that all statements by me on this form are true and complete. I understand that any false
statements or omissions on this form shall be sufficient cause for rejection of my application or
dismissal if I am hired.
I hereby authorize the City of Richfield to use this information to determine by suitability for
employment.
• Signature of Applicant Date Job Title
BILL NO. 3-q
AMENDMENT TO SECTIONS 310.33, 310.37 and 310.07
OF THE ORDINANCE CODE OF THE
CITY OF RICHFIELD
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 310.33 (e) of the ordinance code of the City of Richfield
entitled "Vacation leave" is hereby amended:
(e) from the beginning of the twentieth year of continuous employment, throughout
the duration of employment each employee shall earn vacation at the rate of 6.77 6.47-
hours per biweekly pay period (22 24 days per year).
Section 2. Subsection 310.37, subd.1 of the ordinance code of the City of
Richfield entitled "Personal leave" is hereby amended:
310.37. Personal leave. Subdivision 1. Eliaibilitv and accrual. A managerial employee, a
regular full-time or full-time probationary employee, and a regular part-time or part-time
probationary employee, classified and compensated under the manaaement
compensation plan or general services pay plan, as those plans have been adopted and
may be amended from time to time pursuant to subsection 310.17 of this code, is eligible
to accrue and use personal leave. An eligible full-time employee shall accrue 2.31 2-4
hours of personal leave biweekly and may accumulate such leave from year to year up to
a maximum of 192 499 hours of personal leave, unless written authorization extending
this maximum is obtained from the department head and the city manager. Hours in
excess of 192 499 hours shall be forfeited by the employee without compensation.
Eligible part-time employees shall accrue personal leave on a proportional basis of the
full-time accrual based on hours worked per payroll period and shall be limited to
maximum accruals and extensions authorized for full-time employees.
Section 3. Subsection 310.07, subd. 5 of the ordinance code of the City of
Richfield entitled "Background investigations" is hereby amended:
Subd. 5. Backaround investigations. A final applicant for a Citv position will be
subiect to a criminal historv investiaation. The Richfield Public Safetv Department is
authorized to conduct a criminal historv background investigation on applicants who are
finalists for Citv emplovment. all volunteers who work in conjunction with children and/or
vulnerable adults and independent contractors. Before the investigation is undertaken
the finalist. volunteer or contractor must aive authorization to the Public Safetv
Department in writina to undertake the investiqation and to release the information to the
Human Resources Manaaer and other appropriate Citv staff. Upon the request of the
manager or designee, the Public Safety Department must obtain and provide additional
background information about certain employment, volunteer or independent contractor
candidates, such as:
?-5(a) status and history of drivers' licenses for candidates who may be responsible
for operating city vehicles or receiving city reimbursement for operating their own
vehicles,
(b) background check and criminal history check through fingerprints to determine
whether a candidate who may have substantial contact with juveniles is the subject of any
reported conviction of Child Protection Background Check Act crimes,
Uc,)(4) thorough background screening, investigation, state and national arrest and
fugitive record checks, and state and national III record checks by fingerprints from
candidates who would have access to operate, program, effectuate access to a National
Crime Information Center (NCIC) terminal or initiate transmission of NCIC information.
Section 4. Subsection 310.07, subd. 6 of the ordinance code of the City of
Richfield entitled "Disqualification of applicant due to background investigation" is
hereby added:
Subd. 6. Disaualification of applicant due to backaround investiaation. No person
shall be disaualified from emplovment with the Citv solely or in part because of prior
conviction of a crime or crimes - unless the crime or crimes for which convicted directlv
relate to the position of emplovment souqht. In determining if a conviction directly related
48 to the position of public emplovment sought, the hirina authoritv shall consider the
reauirements of Minnesota Statutes Chapter 364. Should the City reiect the finalist's
reauest for emplovment due. Dartiallv or solely, to the applicant's prior conviction of a
crime. the Human Resources Manaqer shall notifv the finalist in writina of the followina:
(a) The grounds and reasons for the denial:
(b) The applicable complaint and arievance procedure set forth in Minnesota
Statutes Section 364.06:
(c) The earliest date the applicant may reaDDly for emplovment. and,
(d) That all competent evidence of rehabilitation will be considered upon
reapplication.
Passed by the City Council of the City of Richfield, Minnesota this day of ,
2000.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
AGENDA SECTION: Resolution
AGENDA ITEM #
REPORT # 64
STAFF REPORT
CITY COUNCIL MEETING
FEBRUARY 289 2000
•
REPORT PREPARED BY:
REPORT PRESENTER:
DEPARTMENT DIRECTOR REVIEW:
DAWN WEITZEL,
--HUMAN RESOURCES MANGER
NAME, TITLE
STEVEN L. DEVICH,
ADMINISTRATIVE SERVICES DIRECTOR
NAME,
Id
?IA
.
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution approving the 2000-2001 labor contract with the Law
Enforcement Labor Services (LELS) Local 225.
1. RECOMMENDED ACTION:
By Motion: Adopt the resolution approving the provisions of the
2000-2001 labor agreement with the LELS Local 225 and authorize the
City Manager to execute the agreement.
II. BACKGROUND
City staff has completed labor negotiations with the LELS Local 225 for the years 2000 and
2001 subject to Council approval. LELS Local 225 represents the position of 911
Dispatchers. There are eight employees represented in the unit. The tentatively approved
settlement includes the following changes:
1. Wages
A 3% across-the-board increase effective January 1, 2000 and January 1, 2001.
2. Health Insurance
A $20 increase from $415 per month to $435 per month for dependent coverage for
2000. In 2001, an increase in the maximum health insurance contribution equal to
Management and General Services employees.
0229d ispatchcontract
i
Increase of the single rate dental coverage from $24 to $25 in 2001.
. 3. Holiday
The addition of two premium holidays in 2000 and 2001.
2000 - Friday after Thanksgiving and Good Friday
2001 - Martin Luther King Jr. Day and Presidents' Day
4. Overtime Pay
An increase of the compensatory time bank cap from 64 hours to 72 hours.
5. Personal Leave
An increase personal leave with pay-to a rate ,of.2 3-1.-hours, biweekly and maximum
accrual to 192 hours.
6. Vacation
Increase the maximum annual vacation accrual by 8 hours beginning after 20 years of
service. Option for employees to sell back 24 hours of vacation time to the City.
7. Equity Adjustments
An equity adjustment of $1,000 to be paid as a lump sum on January 1, 2000 and
$2,200 to be paid as a lump sum effective the first day of the last pay period in
December 2000. The adjustments will be added to calculations for figuring base wage
on December 31, 2000. This is the last anticipated adjustment to bring Richfield 911
Dispatchers' base salaries to a position of equity with prevailing salaries in comparable
jurisdictions. These adjustments are especially important as the job classification is
female dominated and is underpaid according to our internal pay equity calculation.
8. Dispatcher Language Inclusion to Employer Security
A limitation of one member of Local 225 Negotiating Committee to be absent from duty
with full pay for negotiation sessions.
1111. BASIS OF RECOMMENDATION
A. POLICY
• The City has met and negotiated with the Union and is bound under
the Public Employers' Labor Relations Act to meet and bargain over
the terms and conditions of employment. The 2000-2001 proposed
settlement is similar to other City employee groups and is well within
the range for 911 Dispatcher bargaining groups in similar cities.
B. CRITICAL ISSUES
• In order to allow the City's accounting personnel to modify payroll
records in a timely manner for 2000 wages and benefits, it is
recommended that the City Council act on February 28, 2000 to adopt
the attached resolution providing for contract changes, effective
• January 1, 2000.
C. FINANCIAL
• 3% wage increases for 2000 and 2001
Lump sum payments of $3,200 for full-time employees, for part-trim
employees the equity adjustment will be calculated based on an
average of all hours worked for all part-time employees
• Increases in: health insurance contribution, vacation leave (after 20
years of service), 2 premium holidays in 2000 and in 2001 and
personal leave time
D. LEGAL
If the terms of this agreement are not approved, further negotiation will
need to take place and/or arbitration.
IV. ALTERNATIVE RECOMMENDATION(S)
• Do not approve the terms of this agreement.
• Defer discussion to another date.
V. ATTACHMENTS
Resolution
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
•
0
RESOLUTION NO. 17-3
RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE
CITY OF RICHFIELD AND
LAW ENFORCEMENT LABOR SERVICES (LELS), LOCAL 225
BARGAINING UNIT FOR.THE YEARS 2000 AND 2001
WHEREAS, the City Manager and the Richfield 911 Dispatcher Local 225 have
reached an understanding concerning conditions of employment for the years 2000 and
2001; and
WHEREAS, it would be inappropriate to penalize LELS Local 225 members who
have negotiated in good faith; and
WHEREAS, the Human Resources Ordinance requires that contracts between the
City and the exclusive representative of the employees in an appropriate bargaining unit
shall be completed by Council resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve
the Labor Agreement between the City of Richfield and LELS Local 225 Bargaining Unit for
the years 2000 and 2001, under the provisions of the Labor Agreement to be implemented,
effective January 1, 2000.
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of
February, 2000.
•
Martin J. Kirsch Mayor
ATTEST:
Thomas P. Ferber City Clerk
0
•
STAFF REPORT
CITY COUNCIL MEETING
FEBRUARY 28, 2000
AGENDA SECTION: PUBLIC HEARING
AGENDA ITEM # 6
REPORT # 63
REPORT PREPARED BY:
NAME, TITLE
REPORT PRESENTER:
NAME, TITLE
0
•
DEPARTMENT DIRECTOR REVIEW
REVIEWED BY CITY MANAGER:
CHERYL KRUMHOLZ, ADMIN. ASST.
SAMANTHA ORDUNO, CITY MANAGER
11
SIGNATURE
ITEM FOR COUNCIL CONSIDERATION:
Public hearing and second reading of an ordinance relating to regular meetings of City Council;
amending Subsection 205.01 of Richfield City Code and consideration of a resolution adopting
rules of procedure and decorum for City Council meetings.
J
1. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion: Approve second
reading of an ordinance relating to regular meetings of City Council;
amending Subsection 205.01 of the Richfield City Code and approve
the resolution adopting rules of procedure and decorum for City
Council meetings.
J
111. BACKGROUND
At the Special City Council annual strategic planning session on January 8, 2000,
the Council discussed the need for regularly scheduled workshop sessions
(Study Sessions) on the first Monday of each month. The Council believed
business could effectively be handled on an as-needed basis rather than
continuing with the regular sessions. If a Study Session was needed, it could be
0228studysession.doc
?- i
held prior to a Regular City Council meeting. It was felt that this was the best
utilization of staff and consultant resources.
At the Council's request, the first reading of a proposed ordinance amendment to
the City Code related to Council Study Sessions was presented for their
consideration on January 24, 2000.
On October 26, 1998 the City Council adopted Resolution No. 8633 establishing
rules of procedure and decorum for City Council meetings. Section 8, subd. 1 of
that resolution establishes workshop sessions on the first Monday of each month.
A new resolution stating that workshop meetings may be held at -the call of the
Mayor was also presented for Council review on January 24, 2000.
III. BASIS OF RECOMMENDATION
A. POLICY
• Richfield City Code requires that every ordinance receive two readings
before the Council prior to final adoption. The code also states the
procedure for adoption of ordinances and resolutions shall conform to
the requirements of the City Charter.
• Section 205, Subsection 205.01 of the Richfield City Code establishes
regular meetings for the City Council. The current ordinance states
regular Council meetings are held on the first, second and fourth
Mondays of each month at 7 p.m. at the City Hall.
• Resolution No. 8633, Section 8, subd. 1 approved on October 26, 1998
establishes that the regular meeting of the City Council held on the first
Monday of each month be a workshop meeting.
B. CRITICAL ISSUES I
• A public hearing and second reading are required for ordinance
amendments.
• The required legal notice for the public hearing was published in the
Richfield Sun Current on February 16, 2000.
•. The rules of procedure and decorum provide an outline of appropriate
measures for conduct of Council meetings.
• If approved, the ordinance will be effective on April 1, 2000.
C. FINANCIAL
• Better utilization of staff and consultant resources will result in cost
savings over time.
D. LEGAL
- The City Attorney has prepared the proposed ordinance and resolution
and will be available for discussion at the Council meeting.
(-)-
IV. ALTERNATIVE RECOMMENDATION(S)
Defer the public hearing and second reading on the proposed ordinance to
another Council meeting.
Do not approve second reading of the ordinance.
If action is not taken on this matter, Study Sessions on the first Monday of
each month will continue.
V. ATTACHMENTS
• Proposed ordinance relating to. regular meetings of the City Council
• Resolution adopting rules of procedure and decorum for City Council
meetings
VI. PRINCIPAL PARTIES EXPECTED AT
MEETING
None expected.
•
0
ORDINANCE NO. 3
AN ORDINANCE RELATING TO REGULAR MEETINGS OF
THE CITY COUNCIL; AMENDING SUBSECTION 205.01 OF
THE RICHFIELD CITY CODE
THE CITY OF RICHFIELD ORDAINS:
Section 1. Subsection 205.01 of the Richfield City Code is amended to read as follows:
-205.01. _Regular meetings. Regular meetings of the 'council are held
on the &s q second and fourth Mondays of each month at 7:00 p.m. at
the city hall. If any such Monday is a legal holiday, the meeting shall
be held on the next following day at the same hour and place.
Sec. 2. 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 this 28th day of February, 2000.
is
ATTEST:
Thomas P. Ferber, City Clerk
Martin J. Kirsch, Mayor
is
(' q
CITY OF RICHFIELD
RESOLUTION NO.
RESOLUTION ADOPTING RULES OF PROCEDURE AND
DECORUM FOR CITY COUNCIL MEETINGS
WHEREAS, it is appropriate for the City Council to establish rules of procedure'and
decorum for council meetings and Board and Commission meetings; and
WHEREAS, the Richfield City Code, section 205.13, subd. 2(c) provides that the
City Council may adopt such special rules by ordinance or resolution from time to time as
necessary; and
WHEREAS, the City Council has determined that it is appropriate to adopt these
special rules of procedure and decorum.
.NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City
of Richfield, as follows:
1. The attached rules of procedure and decorum are hereby established.
2. These rules shall remain in effect until modified by resolution of the City
Council.
3. These rules shall be interpreted, wherever possible, so as to be consistent
with the rules set forth in the City Code. In the case of any irreconcilable
conflict between these rules and the rules in the City Code, the rules in the
City Code shall prevail.
Adopted by the City Council of the City of Richfield this 28th day of February 2000.
Martin J. Kirsch, Mayor
ATTEST:
Thomas Ferber, City Clerk
i
RULES OF PROCEDURE AND DECORUM
CITY COUNCIL MEETINGS
RICHFIELD, MINNESOTA
SECTION 1. PURPOSE
Subd. 1. General. It is recognized that in order to enhance the concept of effective and
democratic government, it is essential that a legislative body establish formal
rules of procedure and decorum so that a true deliberative process will be
observed and not. disturbed.
SECTION 2. GENERAL
Subd. 1. Law. The City Charter, Ordinances and State Statutes governing the City
Council shall be followed and supplemented by the Rules of Procedure and
Decorum of the City Council.
Subd. 2. General Rules. In all matters of parliamentary procedures, the Council shall
be governed by the latest printed edition of the STURGIS STANDARD CODE
OF PARLIAMENTARY PROCEDURE as published from time to time except
as modified by these rules and the rules set forth in Section 205 of the City
Code.
SECTION 3. PRESIDING OFFICER.
Subd. 1. Who Presides. The Mayor shall preside at all meetings of the Council. In the.
absence of the Mayor, the Mayor Pro Tern shall preside. The presiding officer
shall have the power to preserve strict order and decorum at meetings,
enforce the rules of procedure, and determine without debate, subject to the
final decision of the Council on appeal, all questions of procedure and. order.
Subd. 2. Appeal of the Rulina of the Presidina Officer. Any member of the Council may
appeal from a ruling of the presiding officer. If the appeal is seconded, the
member may speak once solely on the question involved and the presiding
officer may explain the ruling, but no other Council Member shall participate in
the discussion. The appeal shall be sustained if it is approved by a majority
vote.
Subd. 3. Riahts of the Presidina Officer. The presiding officer may speak on any
question and make motions and second motions.
SECTION 4:AGENDA
Subd.1. _ Matters for Consideration. Matters for Council action shall be submitted by
members of the Council and residents to the City Manager.
Subd. 2. Preparation. An agenda of business for each regular meeting shall be
prepared in the office of the City Manager and copies thereof delivered to
each Council Member as far in advance of the meeting as time for preparation
will permit.
0124studysession. doc
•
•
iubd 3
Subd. 4.
Order of Business at Reqular Meetinqs. At the hour appointed for the regular
meeting of the City Council, the meeting shall be called to order by the
presiding officer. If a quorum is present, the City Council shall then proceed
with its business in the following manner:
(a) approval of minutes of previous meeting;
(b) presentations;
(c) public comment opportunity;
(d) agenda approval;
(e) consent calendar;
(f) public hearings, including ordinance hearings;
(g) proposed ordinances;
(h) resolutions;
(i) administrative reports;
(j) correspondence; and
(k) other business.
Varvina Order of Business. The presiding officer may vary the order of
business.
Subd. 5. Consent Aaenda. In the preparation of the agenda fora meeting, the City
Manager may place certain items of business on a consent calendar. A
member of the Council wishing to remove any item from the consent calendar
may do so at the time that the consent calendar is reached on the general
Council agenda. Any item removed from the consent calendar shall become
one of the regular agenda items of the meeting and shall be taken up after the
consent calendar. All items not so removed from the consent calendar may
be passed by a single, non-debatable motion. Matters proposed by the. City
Manager for the consent agenda shall be those that the Manager deems to be
of a routine, non-controversial nature.
Subd. 6. Items Not on the Aaenda. The Council may consider items not appearing on
the agenda as normal business if a Council Member does not raise an
objection. If a Council Member raises an objection, a vote of the majority of
the Council Members present shall determine the appropriateness of further
consideration of the matter at that time. The Council may not take action on
any item that requires public notice or hearing.
Subd. 7. Public Participation. Members of the public may address the City Council
during:
(a) Public hearings.
•
(b) Public comment opportunity. The agenda for each regular Council
meeting shall include an opportunity for members of the general
public to appear and make comment to the Council on matters not
appearing on the printed agenda. The City Council may by majority
vote limit this portion of the meeting to thirty minutes. Individuals
shall be requested to limit their individual comments to four minutes
or less. Matters commented upon during this period are not required
to be considered as action items at the meetings at which they are
introduced.
7
(c) Specific issues scheduled on the agenda, other than public hearings,
if no Council Member raises an objection. If a Council Member raises
an objection, a vote of the majority of Council Members present shall
determine the appropriateness of accepting public comment on the
matter under consideration.
SECTION 5. VOTING
Subd. 1. Procedure. The votes of the members on any ordinance, resolution or motion
pending before the Council shall be by voice vote, unless the Mayor or any
Council Member requests that a roll call vote be taken. The presiding officer
shall--call fora roll call vote whenever a voice vote of the Council is not clear as
to the disposition of the action before the Council
Subd. 2. Abstention. A Council Member may be excused from voting on a matter
properly before the council only with the unanimous consent of the other
members present, unless the Member is required by law to abstain from
voting. The Council Member must announce the Member's intention to
abstain prior to the vote being taken. The clerk shall record the abstention
as "Abstain-name."
Subd. 3. Voting Order for Roll Call. The Secretary to the Council shall call for the vote
in consecutive order of wards. The presiding officer shall always vote last.
SECTION 6. RULES OF DECORUM
Subd. 1. Council. While the Council is in session, the members must preserve order
and decorum, and a member shall neither, by conversation or otherwise,
delay or interrupt the proceedings or the peace of the Council nor disturb any
member while speaking or refuse to obey the orders of the presiding officer.
Subd. 2. Recoanition. No person or member of the Council shall address the Council
without being recognized by the presiding officer.
Subd. 3. Discussion. At the request of any Council Member or the Mayor, Council
discussion shall be limited as provided in this subdivision. When the rules of
this subdivision are invoked, no member of the Council shall speak more than
twice on any question, nor more than five minutes each time without consent
of the Council
Subd. 4. Staff. Members of the City staff shall observe the same rules of order and
decorum as are applicable to the City Council.
Subd. 5. Pertinent to Matter Under Debate. Members of the Council, staff and public
shall confine remarks to the matter under debate.
Subd. 6. Addressina the Council. Each member of the public addressing the Council
shall step up to the microphone provided for the use of the public after being
recognized by the presiding officer and give his/her name and address in an
audible tone of voice for the records, state the subject to be discussed, and
state who the speaker is representing if representing an organization or other
-? persons. All remarks shall be addressed to the Council as a whole and not to
any member thereof. No person other than members of the Council and the
person having the floor shall be permitted to enter into any discussion, either
directly or through a member of the Council, without permission of the
presiding officer. No question maybe asked a Council Member or a member
of the staff without the permission of the presiding officer. The presiding
officer may impose a four-minute time limit on remarks by speakers, whenever
in the presiding officer's judgment, a time limit is necessary in order to
expedite the progress of the meeting or ensure the opportunity for other
speakers to be heard. The City Council may by majority vote extend the time
limit imposed by the presiding officer. .
Subd. 7. - - Saokesman for Groua of Persons. -in orderto expedite -matters and to avoid
repetitious presentations, whenever any group of persons wishes to address
the Council on the same subject matter, it shall be proper for the presiding
officer to request that a spokesperson be chosen by the group to address the
Council and, in case additional matters are to be presented by any other
member of said group, to limit the number of such persons addressing the
Council.
Subd. 8. After Motion. After a motion has been made or a public hearing has been
closed, no member of the public shall address the Council from the audience
on the matter under consideration without first securing the permission to do
so by a majority vote of the City Council.
Subd. 9. Conduct. Any member of the Council, staff or person indulging in
personalities or making impertinent, slanderous, or profane remarks or who
willfully utters loud, threatening or abusive language, or engages in any
disorderly conduct which would impede, disrupt, or disturb the orderly conduct
of any meeting, hearing or other proceeding, shall be called to order by the
presiding officer and, if such conduct continues, may at the discretion of the
presiding officer, be ordered barred from further audience before the Council
during that meeting.
Subd. 10. Members of the Audience. No person in the audience shall engage in
disorderly conduct such as hand clapping, stamping of feet, whistling, using
profane language, yelling, and similar demonstrations, which conduct disturbs
the peace and good order of the meeting.
SECTION 7. ENFORCEMENTS OF DECORUM
Subd. 1. Warninq. All persons shall, at the request of the presiding officer, be silent. If,
after receiving a warning from the presiding officer, a person persists in
disturbing the meeting, said officer may order the person removed from the
meeting. If the person does not remove himself/herself, the presiding officer
may order that the Sergeant-at-Arms remove the person.
Subd. 2. Seraeant-at-Arms. The Public Safety Director, or such member or members
of the police department, shall be Sergeant-at-Arms of the Council meetings.
The Public Safety Director or such member or members of the police
department shall carry out all orders and instructions given by the presiding
officerfor the purpose of maintaining order and decorum at the Council
meeting. Upon instruction of the presiding officer it shall be the duty of the
Sergeant-at-Arms to remove from the meeting any person who intentionally
disturbs the proceedings of the Council.
•
0 SECTION 9. CAMERAAND RECORDING DEVICES
Subd. 3. Resistina Removal. Any person who resists removal by the Sergeant-at-Arms
may be charged with violating City Ordinance.
Subd. 4. Motions to Enforce. Any Council Member may move to require the presiding
officer to enforce these rules and the affirmative vote of a majority of the
Council shall require the presiding officer to do so.
Subd. 5. Adiournment. In the event that any meeting is willfully disturbed by a person
or group of persons so as that -orderly-conduct of the meeting is not feasible,
and when order cannot be restored by the removal of individuals who are
creating the disturbance, the meeting may be adjourned with the remaining
business considered at the next regular meeting or at a special meeting called
by the presiding officer.
SECTION 8. WORKSHOP MEETINGS
Subd. 1. General. Workshop meetings of the City Council may be held at the call of the
Mayor. No official Council action will be taken at workshop meetings.
Subd. 2. Rules of Procedure and Decorum. The Rules of Procedure and Decorum of
the City Council shall be observed in workshops so far as they are applicable.
Subd. 1. Use of Cameras and Recordina Devices Limited. Cameras, including
television and motion picture cameras, electronic sound recording devices and
any other mechanical, electrical or electronic recording devices may be used
in the Council Chamber, but only in such a manner as will cause a minimum of
interference with or disturbance of the proceeding of the Council.
SECTION 10. SEPARABILITY
Subd. 1. General. If any section, subdivision, sentence, clause, phrase or portion of
these Rules of Procedure and Decorum is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions thereof.
0
AGENDA SECTION: Consent
AGENDA ITEM # 5F
REPORT # 62
* maga STAFF REPORT
COUNCIL MEETING DATE:
FEBRUARY 28 2000
REPORT PREPARED BY: GEORGE ATKINSON, ENGINEERING
- SUPERVISOR
NAME, TITLE
REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS
DIRECTOR
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW: n
l J SIGNATURE
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION.
Consideration of approval of plans and specifications, ordering of City Project No. 503-30-577
and authorizing advertisement for bids for storm sewer system improvements in the vicinity of
70th Street and Russell Avenue.
I. RECOMMENDED ACTION:
By motion: Approve the plans and specifications, order City Project
No. 503-30-577, and authorize advertisement for bid for proposed
storm water system improvements in the vicinity of 70th Street and
Russell Avenue.
III. BACKGROUND
The area of 70th Street and Russell Avenue has suffered flooding during moderate and
heavy rainfall events for many years. During 1999 the City constructed a storm water
holding pond in the 6901 block of Penn Avenue. The pond was created to accept water
from the vicinity of 70th Street and Russell Avenue. Now that the pond is complete,
70th Street will be lowered to allow storm water to flow to the pond on Penn Avenue.
The project calls for reconstructing about 700 feet of 70th Street to improve storm water
protection for homes in the area.
022870-Russell
5r-, The street cannot be simply lowered. The driveways on the south side of 70th Street
are steep and lowering the street would cause the driveways to be too steep. So,
several alternative methods of shifting the road north have been considered and shared
is with the neighborhood.
A public information meeting was held January 25 to discuss the proposed project with
residents. Invitations to the meeting were mailed to approximately 66 properties. Six
residents from five properties attended the information meeting. As a follow-up to the
neighborhood meeting, City staff mailed a letter (attached) to the residents listing the
alternatives and inviting comment. The result of the resident feedback is attached.
Traffic calming has been a concern of residents on 70th Street. This project offers the
City an opportunity to narrow 70th. Street in -an attempt to slow traffic and discourage the
use of 70th Street for through traffic. City staff still needs to hold a neighborhood
meeting to present some traffic calming options to the residents.
I III. BASIS OF RECOMMENDATION
A. POLICY
• When the contract for the pond at 69th Street and Penn Avenue was
awarded on June 14, 1999 it was noted that the Penn pond would also
provide a storage area for the 70th and Russell Avenue project, which was
planned for 2000.
• The design may be modified to provide traffic calming but should await the
results of a neighborhood meeting to determine support for proposed
• measures. The principal proposal will be to narrow the street to 24 feet wide
(from an existing 32 feet wide section) in the area of the street reconstruction
and placing a sidewalk in the boulevard.
B. CRITICAL ISSUES
• Council may choose to delay action to include traffic calming measures;
however, start of construction for the project would be proportionately
delayed.
C. FINANCIAL
• The estimated cost of the project is $100,000. This would be financed
through the Storm Water Utility Fund.
D. LEGAL
• N/A
IV. ALTERNATIVE RECOMMENDATION(S)
• Council could direct staff to not construct the proposed storm water improvement.
However, if the project is not constructed, the 70th Street and Russell Avenue
neighborhood will continue to experience flooding during moderate and heavy
rainfall events.
• Council could direct staff to delay the bid letting process until the neighborhood has
had an opportunity to consider several traffic calming measures as part of the
project.
SF -02..
V. ATTACHMENTS
• February 14, 2000 letter listing alternatives and inviting comment
• • Results of resident feedback
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
None.
46
•
J
MAYOR
MARTIN J. KIRSCH
CITY COUNCIL
SUSAN ROSENBERG
SUZANNE M.SANDAHL
KRISTAL STOKES
RUSS SUSAG
0
5F-3
Public Works Department
February 14, 2000
Subject: Storm Water Improvements on 70th Street from Penn Avenue to Russell
Avenue
Dear Resident:
The City of Richfield has prepared plans for the reconstruction of 70th Street from
Penn Avenue to Russell Avenue to reduce storm water drainage problems.
However, one concern has arisen. When 70th Street is lowered to convey storm
water, driveways, that connect to 70th Street within the area to be lowered, will
increase in steepness. This would make the driveways difficult or impossible to use.
To avoid this situation, it is proposed that the south curb line of 70th Street be moved
northerly by five to eight feet.
Moving the south curb to the north leaves two options.
1) Leave the north curb line where it is or move it only one or two feet and narrow
70th Street. Narrowing the street means that some areas would have to be
signed for "No Parking" and a sidewalk might have to be added in the north
boulevard to provide for safe pedestrian movement.
2) Move the north curb line the same amount as the south curb. This would
maintain the street width, maintain parking and remove the need for new
sidewalk.
The Richfield City Council will consider this item at its regularly scheduled meeting of
February 28, 2000. Staff wishes to provide the Council with a summation of resident
comments on this choice of design options. Please phone me at 612 861-9191 so
that I may record your preference and concerns for City Council consideration. I will
also be happy to answer any questions you may have.
Thank you for your attention to this matter.
so
pervisor
•
GLA:ttf
Enclosure
6700 PORTLAND AVENUE, RICH FIELDTMIt7rWWMTr:3 612.861.9700 FAX: 612.861.9749
www.ciAchfield.w.us AN EQUAL OPPORTUNITY EMPLOYER
End of Rigid of Way '
Approx. IT from bads of Curb
k
End of Right of Way I
ApproL Ir from back of Curb J
PROPOSED SECTIONS FOR 70th STREET - PENN AVE. TO RUSSELL AVE.
SOUTH SIDE NORTH SIDE
13' I _ 17' A- _ 17' _ I. 13'
I I I
EXISTING TYPICAL SECTION
1 R'
a
i
a
ei9
End of Right of Way k
Approx. Ir fm bads of Curb
I R,
End of Right of Way
I Approx. 17 from back of Curb
End of Right of Way
Approx V from back of Curb
i
OPTION 1 TYPICAL SECTION: I
SHIFT BOTH CURBLINES 5' NORTH. ROAD WITH UNCHANGED. i
'
End of Right of Way
14T °t Approx. IT from track of Curb
81 1
fill to
r
o?e
k
I
I
k
End of Right of Way i
Apprcx 19 film back of Curb y,
OPTION 2. TYPICAL SECTION
SHIFT SOUTH CURB LINE 5' NORTH. LEAVE NORTH CURB LINE UNCHANGED. i
NARROW ROAD BY 5' ELIMINATE PARKING ON BOTH SIDES.
A VARIATION OF OPTION I AND 2 WOULD BE TO NARROW THE ROAD AND o
SHIFT THE NORTH CURB LINE NORTH FOR A COMBINED TOTAL OF 5'. I
,
End of Right of Way
18' k : 13' r _ 13' 5' k 8' Approx IV from back of Cub
' ? ? SIDEWALK ? --?
`?,
OPTION 3 TRAFFIC CALMING TYPICAL SECTION:
SHIFT SOUTH CURB LINE 5' NORTH. NARROW ROAD TO 26'. SHIFT NORTH CURB LINE 3' SOUTH.
ADD 5' SIDEWALK TO NORTH SIDE. ELIMINATE ON-STREET PARKING BOTH SIDES C.P. 5m,90-m
sai raiaixtn
SF-5-
0
Randy Darling
6845 Russell
866-5776
Emerson Keljik
2317 W. 70th Street
866-1839
John Grim
2401 W. 70th Street
866-0223
70th Street Citizens Log
Preferred option: Move south curb line north 5 feet,
leave north curb line where it is and narrow 70th St.
by five feet. Eliminate parking on both sides. Second
choice: Do nothing. The flooding is not that bad. This
resident states that he is also speaking for his
neighbors at 6944 and 6945 Queen
Prefers moving both curbs north by five feet, maintain
street width and parking on both sides.
Prefers his own alternative: Move south curb line
north by five feet, move north curb northerly two feet
and narrow 70th Street by 3 feet. Do not add sidewalk
and eliminate parking on south side. Maintain this
shift all the way to Penn Avenue. The intersection of
70th and Penn would be offset by three feet as a
traffic calming measure.
022870-Russell
AGENDA SECTION: CONSENT
AGENDA ITEM # 5E
REPORT # 61
STAFF REPORT
CITY COUNCIL MEETING
s n FEBRUARY 28 2000
REPORT PREPARED BY: CHERYL KRUMHOLZ, ADMIN. ASST.
NAME, TITLE
REPORT PRESENTER: SAMANTHA ORDUNO, CITY MANAGER
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW: ?
SIGNATURE
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of canceling the regular City Council Study Session of March 6, 2000 and
scheduling Special City Council Study Session. on March 13, 2000.
1. RECOMMENDED ACTION:
By Motion: Cancel the regular City Council Study Session of March 6,
2000 and schedule a Special City Council Study Session on March 13,
2000.
II. BACKGROUND
The City Council regularly conducts a Study Session on the first Monday of each
month. However, a Special Study Session is scheduled for Monday, March.13 at 6
p.m. prior to the regular Council meeting. Items for March 6 can be carried over to
March 13, 2000. -Therefore, it does not appear to be necessary to meet on March
6.
III. BASIS OF RECOMMENDATION
A. POLICY
• Resolution No.. 8633, Section 8, subd. 1 approved on October 26,
1998 establishes that the regular meeting of the City Council held on
0228cancelstudy.doc
the first Monday of each month be a workshop (Study Session)
meeting.
B. CRITICAL ISSUES
• Official action to cancel the March 6 Study Session is required
because the ordinance amendment eliminating regular Study
Sessions (if approved on February 28) is not effective until April 1,
2000.
C. FINANCIAL
• N/A
D. LEGAL
• N/A
IV. ALTERNATIVE RECOMMENDATION(S)
• The Council may decide to hold the March 6 Study Session. However, items
can be carried over to the Special City Council Study Session on March 13.
V. ATTACHMENTS
• None.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
•
AGENDA SECTION: Consent
AGENDA ITEM # 5D
REPORT # 60
STAFF REPORT
to
r
REPORT PREPARED BY:
REPORT PRESENTER:
CITY COUNCIL MEETING
FEBRUARY 28, 2000
STEVEN L. DEVICH, ADMINISTRATIVE
SERVICES DIRECTOR
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
STEVEN L. DEVICH, ADMINISTRATIVE
SERVICoES DIRECTOR
C/%
ITEM FOR COUNCIL CONSIDERATION:
Consideration of setting a public hearing to consider the proposed transfer of control of KBL
Cable Systems of the Southwest, Inc. by virtue of a proposed merger with America Online and
determine if there may be adverse affects on cable subscribers.
I. RECOMMENDED ACTION: ,
By Motion: Set a public hearing on March 27, 2000 to consider the
proposed transfer of control of KBL Cable Systems of the Southwest
through a proposed merger with America Online.
II. BACKGROUND
On January 10, 2000, America Online, Inc. ("AOL") and Time Warner Inc. ("TW')
announced a merger in which both TW and AOL will become wholly-owned
-subsidiaries of a new holding company called AOL Time Warner Inc. Because
Richfield is served by KBL Cable Systems of the Southwest, Inc., a subsidiary of
TW, the proposed merger and resulting transfer of control requires approval under
1) Minnesota Statutes Section 238.083, and 2) the current cable television franchise
with TW.
As part of the regulatory approvals necessary for this merger, on or about February
9, 2000, Richfield received, Federal Communications Commission Form 394
0228Cable
51p 1
Application for Franchise Authority Consent to Assignment or Transfer of Control of
Cable Television Franchise ("Form 394") from TW. Form 394 is TW's application
seeking consent to the proposed transfer of control of the City's cable television
franchise.
A number of procedural requirements control cable television franchise transfer
requests. Under federal law, the City has 120 days from the date of receiving Form
394 to act upon the transfer request. Thus, the deadline for City action is
approximately Monday, June 8, 2000. The City's failure to act within that time
serves as an implied approval of TW's transfer request.
Minnesota Statutes 238 083 and the franchise with TW impose further procedural
requirements on the City. Minnesota.law requires that the City either approve the
transfer request within 30 days of receiving Form 394 or determine the need fora
public hearing. The franchise provides that a public hearing may be held at the time
of a proposed transfer of control in order to assess whether the transaction may
have an adverse effect on the City's cable television subscribers. There is no
requirement that a public hearing must be held. However, if the City chooses not to
hold a public hearing; it must approve the proposed transfer of control within 30
days of February 9, 2000.
III. BASIS OF RECOMMENDATION
A. POLICY
The City has a choice of how to deal with this issue. A resolution may
be adopted on February 28, 2000 without holding a public hearing.
Another option would be to hold a public hearing and take public
testimony.
• From a public policy perspective, staff recommends that this issue be
considered after holding a public hearing.
• Of the five cities of the Southwest Suburban Cable Commission
(SSWCC), it appears that at least three of the cities will pursue the
public hearing track before deciding on the transfer.
B. CRITICAL ISSUES I
• The City must decide on holding a public hearing on or before March
9, 2000.
• if a public hearing is deemed necessary to determine whether the
proposed transfer of control will have an adverse effect on the City's
cable television subscribers, the public hearing must be held within 30
days of the date the City makes its determination. Notice of the public
hearing must be published 14 days in advance of the public hearing.
A final decision by the City regarding TV ,Vs transfer request must be
issued within 30 days of the closing of the public hearing.
C. FINANCIAL
• The transfer of control should have no impact on the financial
arrangements between KBL Cable Systems and the five cities of the
SWSCC as contained within the current franchise agreement,
• The cost of processing the transfer could cost the SWSCC member
cities up to $5,000. However, the cost will likely be less. SWSCC will
also seek a financial contribution from KBL Cable Systems for this
transfer.
D. LEGAL
• Under state and federal law as well as the City' franchise, the City
may review the qualifications of the prospective controlling party.
These qualifications fall into three categories, legal, technical and
financial. Moss & Barnett, legal counsel for the SWSCC, will be
preparing a report regarding the legal, technical and financial
qualifications of TW based on the proposed transfer of control. They
will review the voluminous information provided by TW, as part of
Form 394 and may seek additional information to clarify unanswered
questions. Mr. Michael Nixi, an attorney from Moss & Barnett and
former CPA with Coopers and Lybrand, will perform a review of the
financial qualifications of TW under the proposed transfer of control.
Moss & Barnett intends to issue their report to a number of
franchising authorities which will outline their recommendations
regarding the legal, technical and financial qualifications of TW under
the proposed transfer. The report will also incorporate appropriate
closing documentation including a detailed resolution and related
documents.
IV. ALTERNATIVE RECOMMENDATION(S) I
• Forego a public hearing and adopt a resolution (attached) approving the
transfer.
V. ATTACHMENTS
Table of federal, state and local Transfer Requirements
Model resolution approving transfer of control (Alternative Recommendation)
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
0
562
Minnesota Franchise Transfer Requirements
Statutory Cite Required Information
Federal
Form 394 47 U.S.C. 537(a) Must identify buyer's legal, tech. and
Review of Form
394
Supplemental
Form 394
Information
City's right to
disapprove
State
Written request
and 47 C.F.R §
76.502
47 C.F.R
§ 76.502
47 C.F.R.
§ 76.502
financial qual.
_Timing
Must submit to each city at
least 120 days before closing
City may question accuracy of Must notify operator within 30
information ; days of receipt
Operator must respond to City Operator could extend 120 day
request for information on Form 394 review period if ignored
within 10 days
If city denies transfer request must City must take action on Form
47 U.S.C. 537(e) be based on buyer's qualifications or 394 within 120 days of receipt
statutory violation
Minn. Stat. § Must make written request for At least 90 days prior to
238.083 (subd. 2) transfer approval closing
Written reply " City must reply in writing by either City must reply within 30 days
from city approving transfer or determining from receipt of written notice
need for public hearing
" i
i
h
l
bli
h
Public hearing If public hearing is held, must ear
ty must
d pu
c
ng
C
o
determine if transfer will result in within 30 days of
adverse impact on subscribers determination of need for
public hearing
Notice of hearing (subd. 3) City must publish notice of public Must be published 14 days in
hearing in local paper advance of hearing
Approval or denial (subd. 4) City must approve or deny transfer City's decision must be
request in writing, approval cannot reached within 30 days
be unreasonably withheld following the public hearing
Local*
Written Request Typically Operator makes written request for City determines whether to
required under transfer exercise right of first refusal
franchise
Public Hearing Often required Allow public input Varies
under franchise
Notice of Public State law Notice on newspaper of general Notice in newspaper published
Hearing circulation 14 days in advance of Public
Hearing
Transfer Closing N/A Grantee must file with City written Typically within 30 days of
evidence of transfer; become closing of transfer
signator to franchise
312941/1
*All Southwest Suburban f-able Commission Franchises contain transfer provisions
which parallel the procedural
requirements of the state 1)v at Section 238. ''
RESOLUTION NO.
APPROVING THE TRANSFER OF CONTROL
OF KBL CABLE SYSTEMS OF THE SOUTHWEST, INC., THE
CABLE TELEVISION FRANCHISEE, RESULTING FROM
THE MERGER OF TIME WARNER, INC. AND
AMERICA ONLINE, INC. INTO AOL TIME WARNER, INC.
WHEREAS, on or about November 25, 1996, the City of Richfield, Minnesota ("City")
passed and adopted Ordinance No. 1996-27, granting a Cable Television Franchise
("Franchise") currently held by KBL Cable Systems of the Southwest, Inc. ("Franchisee"), a
subsidiary of Time Warner, Inc., doing business as Time Warner Cable (collectively, "TW");
and
WHEREAS, on January 10, 2000, a certain Agreement and Plan of Merger ("Merger
Agreement") was made and entered into by and among TW and America Online, Inc. ("AOL");
and
WHEREAS, the Merger Agreement contemplates the merging of a to-be-formed TW
subsidiary and a to-be-formed AOL subsidiary with a parent holding company known as AOL
Time Warner, Inc. ("AOL Time Warner"); and
WHEREAS; TW and AOL have requested consent by the City to these mergers and the
resulting transfer of control of the Franchisee to AOL Time Warner; and
WHEREAS, under the Franchise and applicable state and federal law, the proposed
mergers and resulting transfer of control of the Franchisee require consent from the City; and
WHEREAS, based on information obtained and on the reports and information received
by the City from TW and AOL, the City has found no reason to disapprove of the proposed
transfer of control of the Franchisee to AOL Time Warner.
NOW, THEREFORE, the City Council for the City resolves as follows:
1. The Franchise is in full force and effect, and the Franchisee is the lawful holder of
the Franchise.
2. The Franchisee will remain the lawful holder of the Franchise after consummation
of the mergers contemplated under the Merger Agreement.
3. The City hereby consents to and approves of the proposed transfer of control of
the Franchisee subject to:
a. Closing of the transaction contemplated within the Merger Agreement
pursuant to the terms and conditions described in information provided to
the City by TW and AOL.
b. AOL Time Warner or the Franchisee notifying the City in writing of the
completion of the mergers and the transfer of control within thirty (30)
days of the date of closing.
C. The Franchisee, within thirty (30) days of the date of closing, providing
the City with a signed acceptance of this Resolution in the form attached
hereto and incorporated herein by reference.
d. AOL Time Warner, TW, or the Franchisee, within thirty (30) days of the
date of adoption of this Resolution, reimbursing the City for all reasonable
315620/1
56-6
costs, expenses, and professional fees related to the City's review and
action on the proposed mergers and the transfer of control.
4. The City hereby waives any right of first refusal which the City may have to purchase the
Franchise, or the cable television system serving the City, but only as such right of first
refusal applies to the request for approval of the mergers and the transfer of control now
before the City.
5. In the event the mergers of the TW and AOL subsidiaries into AOL Time Warner
contemplated by the foregoing resolutions is not completed, for any reason, the City's
consent shall not be effective.
6. To the maximum extent permitted by all applicable local,, state; and federal laws, this
Resolution shall not be construed to in any way relieve the Franchisee nor limit the
Franchisee from any liability under the Franchise.
This Resolution shall take effect and continue and remain in effect from and after the date
of its passage, approval, and adoption.
11 A motion to approve the foregoing Resolution No. was made by Council
Member and duly seconded by Council Member
The following Council Members voted in the affirmative:
The following Council Members voted in the negative:
Passed and adopted by the City Council for the City this day of , 2000.
ATTEST: CITY OF RICHFIELD, MINNESOTA
By: By:
Its:
r
315620/1 2
•
AGENDA SECTION: Consent
AGENDA ITEM # 5 C
REPORT # 59
REPORT PREPARED BY:
NakH; TITLE
•
REPORT PRESENTER:
STAFF REPORT
CITY COUNCIL MEETING
FEBRUARY 28, 2000
STEVE DEVICH, ADMINISTRATIVE SERVICES
DIRECTOR
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER
STEVE DEVICH, ADMINISTRATIVE SERVICES
DIRECTOR
Nance TITLE 4 4
I NATURE
ITEM FOR COUNCIL CONSIDERATION:
Resolution appointing resident experts to the 2000 Board of Equalization and setting
compensation for service to the 2000 Board.
1. RECOMMENDED ACTION:
By Motion: Adopt the attached resolution appointing Larry Emond
and Glenn Erickson to the 2000 Board of Equalization and setting
compensation for service to the Board.
II. BACKGROUND
Mr. Larry Emond, 6325 Russell Avenue, has indicated his willingness to serve as a
residential representative to the 2000 Board. He has been an independent property
appraiser for nearly 30 years and has served on the Richfield Board of Equalization
since 1983. He holds a Federal Appraisers License and is working primarily in
conducting property appraisals for financial institutions. He is also experienced in
building construction and held a real estate license.
Mr: Glenn Erickson, 7240 Bryant Avenue, has also indicated that he is willing to
serve on the 2000 Board. Mr. Erickson has been in the property appraisal business
since 1951. He first served on the Richfield Board of Equalization in 1991. His
business has predominantly included appraisal of single family residential, duplex
5?-I
and fourplex properties. His appraisals have been for mortgage loans and appraisal
audits. Mr. Erickson currently holds both an appraisers and real estate brokers
license.
Both Mr. Emond and Mr. Erickson have been extremely valuable assets to the
City's Board of Equalization in their past service.
III. BASIS OF RECOMMENDATION
A. POLICY I .
• The City has previously convened a Board of Equalization to not only
comply with legal requirements but also to provide a forum for
residents to voice concerns about their respective property values.
• Mr. Emond and Mr. Erickson are long -standing residents of Richfield
who have an excellent knowledge of Richfield property values and real
estate appraisal.
• The Board provides the City Council with a methodology to
independently review selected property values established by the
County Assessor.
B. CRITICAL ISSUES
• It is important to convene and conclude the 2000 Board of
Equalization within the time frame established by State Statutes and
the City Charter.
• The 2000 Board is scheduled to convene at 6:00 p.m. Monday, May 1,
2000.
I C. FINANCIAL
• It is recommended that the compensation for this expert service be set
at $60 per session of the Board or $23 per hour per session of the
Board, whichever is greater.
D. LEGAL
• Both the City Charter and MN State Statutes require some process to
review property value challenges posed by residents. The Charter
specifies the current Board of Equalization structure.
IV. ALTERNATIVE RECOMMENDATION(S)
• Recruit and select other qualified expert residents to serve on the Board.
V. ATTACHMENTS I
• Resolution confirming appointments and setting compensation.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
0 None
,C--C.
RESOLUTION NO.
A RESOLUTION CONFIRMING CITY MANAGER'S APPOINTMENT OF
TWO RESIDENT MEMBERS TO THE BOARD OF EQUALIZATION
BE IT RESOLVED, that the City Council of the City of Richfield, Minnesota hereby
approves the City Manager's appointment of Mr. Lawrence Emond and Mr. Glenn Erickson
as 2000 resident members of the Board of Equalization as provided in Chapter 7 of the
City Charter.
BE IT FURTHER RESOLVED, that compensation for the two resident members of
the Board of Equalization be set at a minimum of $60 per session of the Board or $23 per
hour per session of the Board, whichever is greater.
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of
February 2000.
Martin J. Kirsch, Mayor
ATTEST:
41
Thomas P. Ferber, City Clerk
0
•
AGENDA SECTION: Consent
AGENDA ITEM # 5B
REPORT # 58
J
STAFF REPORT
CITY COUNCIL MEETING
FEBRUARY 28, 2000
REPORT PREPARED BY:
REPORT PRESENTER:
NAME, TITLE
0
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
JULIE URBAN,
ZONING ADMINISTRATOR
NAME, TITLE
BRUCE PALMBORG,
COMMUNITY DEVELOPMENT DIRECTOR
d
SIGNATURE
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution authorizing a subdivision waiver of property at 6817 Queen
Avenue that would enable the property owner to divide the property into two lots.
1. RECOMMENDED ACTION:
By Motion Approve a resolution authorizing a subdivision waiver of
property at 6817 Queen Avenue that would enable the property owner
to divide the property into two lots.
II.
III.
BACKGROUND
The property at 6817 Queen Avenue is a double lot that was originally platted as.
two separate parcels, lots 7 and 8, but combined for tax purposes into one lot. The
house was constructed on one of the original parcels with the second lot serving as
a large side yard. The property owner would like to separate the two lots and sell
the vacant lot separately.
BASIS OF RECOMMENDATION
A. POLICY
• Allowing the property owner to sell the second lot separately could
result in a new home being constructed on the second lot. The
0228subdivision
•
property owner has talked to City housing staff about marketing the lot
through the same methods as the City's Richfield Rediscovered
program. The City's Richfield Rediscovered program has a
substantial waiting list for vacant lots.
B. CRITICAL ISSUES
• The house and garage on lot 8 will meet setback and other zoning
requirements following the split.
• A portion of the driveway on lot 8 is constructed on the property line
and encroaches slightly onto lot 7. City ordinance requires driveways
to be setback one foot from the property:aine. The:property owner has.
indicated a willingness to bring the driveway into compliance with the
City ordinance.
C. FINANCIAL
• NA
0
D. LEGAL
• The City's subdivision ordinance requires City Council approval of a
lot division.
• The City's subdivision ordinance allows the Council to waive the
platting requirement in cases where the property is smaller than five
acres.
• The resulting lots will be 6,657 sq. ft. each. The City's zoning
ordinance requires a minimum lot size of 6,700 sq. ft. for any new lot.
Lots that were platted smaller than 6,700 sq. ft. prior to 1995 are
grandfathered in under the ordinance.
IV. ALTERNATIVE RECOMMENDATION(S)
• Deny the subdivision waiver
V. ATTACHMENTS I
• Resolution authorizing the subdivision waiver
• Survey of proposed lot division (Attachment A)
VI. PRINCIPAL PARTIES EXPECTED AT MEETING I
• Dean Springer, owner of 6817 Queen Avenue
9
RESOLUTION NO.
56-1:1-
RESOLUTION AUTHORIZING A SUBDIVISION WAIVER OF PROPERTY
6817 QUEEN AVENUE
WHEREAS, an application has been filed with the City of Richfield which requests
approval of a subdivision waiver for the division of certain parcels of land generally located
at 6817 Queen Avenue, legally described as follows:
Lots 7 and 8, Block 1, Tingdale Bros. Lincoln Hills Third Addition, City of Richfield,
Hennepin County, Minnesota, and that part of the west half of the alley adjoining
said lots 7 and 8, originally dedicated in said plat and now vacated, which lies
southerly of the easterly extension of the north line of said Lot 8 and northerly of the
easterly extension of the southerly line of said Lot 7; and
WHEREAS, the; proposed division of land for which the subdivision waiver is sought
is legally described as follows:
Parcel A: Lot 8, Block 1, Tingdale Bros. Lincoln Hills Third Addition, City of
Richfield, Hennepin County, Minnesota, and that part of the west half of the alley
adjoining said Lot 8, originally dedicated in said plat and now vacated, which lies
southerly of the easterly extension of the north line of said Lot 8 and northerly of the
easterly extension of the southerly line of said Lot 8.
Parcel B: Lot 7, Block 1, Tingdale Bros. Lincoln Hills Third Addition, City of
Richfield, Hennepin County, Minnesota, also that part of the west half of the alley
adjoining said Lot 7, originally dedicated in said plat and now vacated, which lies
southerly of the easterly extension of the north line of said Lot 7 and northerly of the
easterly extension of the southerly line of said Lot 7; and
WHEREAS, the two lots resulting from the subdivision waiver will comply with
Section 521.09 of the City Code relating to lot area and width;. and
WHEREAS, the City has fully considered the request for approval of the subdivision
waiver; and
WHEREAS, the City Council finds that compliance with the City Code Section
500.05, Subdivision 1 would result in unnecessary hardship and that failure to comply
therewith will not interfere with the purposes of the platting regulations of Section 500.01.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota that a waiver for the subdivision of property legally described above is hereby
approved subject to the following condition:
That all future transfer of any of the, property described as Lots 7 and 8, Block 1,
Tingdale Bros. Lincoln Hills Third Addition, City of Richfield, Hennepin County,
Minnesota shall be by parcel or parcels described above as Parcel A and Parcel B.
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of
February, 2000.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
SURVEY FOR: DEAN SPRINGER
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a
AGENDA SECTION:
AGENDA ITEM #
REPORT #
£f .
<L'a
REPORT PREPARED BY:
REPORT PRESENTER:
CONSENT CALENDAR
5A
57
MARK HINDS, SPECIAL PROJECTS AIDE
NAME, TITLE
SAMANTHA ORDUNO, CITY MANAGER
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW: El
SIGNATURE
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution requiring Richfield City employees not to fly between the hours of
10 p.m. and 7 a.m.
I. RECOMMENDED ACTION:
By Motion: Approve the resolution requiring Richfield City
employees not to fly between the hours of 10 p.m. and 7 a.m.
II. BACKGROUND
In 1996 the Minnesota State Legislature decided to keep and expand Minneapolis-
International Airport (MSP) at its current location. This decision and a subsequent
increase in aircraft operations have led to an ever increasing number of night time
operations at MSP.
Night time operations are defined as any aircraft operation between the hours of 10:30
a.m. and 6 a.m. According to the MASAC Technical Advisors Report there were 1321
night time aircraft operations during the month of October 1999. This number is reflective
of a normal number of night time operations at the airport during an average month.
Although many of these flights are being flown by cargo operators, there is a significant
number that are passenger operations.
STAFF REPORT
CITY COUNCIL MEETING
FEBRUARY 289 2000
0228nighttime.doc
•
rrA-1
'; ri
Many Richfield residents have indicated that night time aircraft operations are the most
bothersome of aircraft operations. In particular because they interrupt their sleep. Night
time operations are also more noticeable because of lower levels of ambient noise in the
community.
Although, the City can not directly discourage the night time cargo operations by
withholding business from them, the same is not true of passenger operations.
III. BASIS OF RECOMMENDATION
A. POLICY
• That City employees will now be required to schedule all work-related
travel on flights between the hours of 7 a.m. and 10 p.m.
B. CRITICAL ISSUES
• N/A
C. FINANCIAL
• N/A
•
D. LEGAL
• N/A
IV. ALTERNATIVE RECOMMENDATIONS)
• Council consider the resolution at another date.
• Rather than require work-related flight schedules, only encourage work-
related flight schedules during the hours of 7 a.m. and 10 p.m.
V. ATTACHMENTS
• Resolution
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
0 None
'514 _0L
RESOLUTION NO.
RESOLUTION REQUIRING RICHFIELD CITY EMPLOYEES NOT TO FLY BETWEEN
. THE HOURS OF 10 P.M. AND 7 A.M.
WHEREAS, flights over Richfield residences to and from Minneapolis-St. Paul
(MSP) International Airport between 10 p.m. and 7 a.m. create a significant disturbance
to the peace and quiet of the community; and
WHEREAS, the City does not want its citizens' tax dollars to be spent on flights
that disrupt the peace and quiet of the community; and
WHEREAS, the City does not want to help encourage the proliferation of night
time aircraft operations.
NOW, THEREFORE, BE IT RESOLVED that City officials and employees are
required to schedule all work-related travel on flights between the hours of 7 a.m. and
10 P.M.
BE IT FURTHER RESOLVED that City officials and employees seek overnight
accommodations, at the expense of the air carrier, whenever a flight is delayed such
that it would arrive at MSP between the hours of 10 p.m. to 7 a.m.
BE IT FURTHER RESOLVED that the Metropolitan Airports Commission (MAC)
is encouraged to change the definition of night time operations from 10:30 p.m. to 6
a.m. to 10 p.m. to 7 a.m.
BE IT FURTHER RESOLVED that the. MAC is encouraged to limit the number of
night time operations to the absolute minimum.
BE IT FURTHER RESOLVED that Northwest Airlines is encouraged to replace
their hush-kitted Stage III aircraft with manufactured Stage III.
BE IT FURTHER RESOLVED that these policies be communicated to all City
officials and employees, to Northwest Airlines, and to the MAC.
BE IT FURTHER RESOLVED that the City's independent boards, business
community, and the traveling public be encouraged to adopt similar policies.
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of
February, 2000.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk