07-24-95 agendaCITY OF RICHFIELD, MINNESOTA
MONDAY, JULY 24, 1995
SPECIAL CITY COUNCIL MEETING
6:45 P.M.
LOBBY CONFERENCE ROOM
CALL TO ORDER
INTERVIEW OF YOUTH INTERESTED IN SERVING ON FRIENDSHIP CITY
COMMISSION
ADJOURNMENT
REGULAR CITY COUNCIL MEETING
7:00 P.M.
COUNCIL CHAMBERS
AGENDA
INTRODUCTORY PROCEEDINGS
CALL TO ORDER
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES OF THE (1) REGULAR CITY COUNCIL MEETING OF
JULY 10, 1995; AND (2) SPECIAL CITY COUNCIL MEETING WITH HOUSING AND
REDEVELOPMENT AUTHORITY OF JUNE 17, 1995 (NO QUORUM)
PRESENTATION
OPPORTUNITY FOR PERSONS TO ADDRESS THE COUNCIL ON ITEMS NOT
LISTED ON THE AGENDA
AGENDA APPROVAL
COUNCIL APPROVAL OF AGENDA
CONSENT CALENDAR
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 PROPOSING TO
EXPAND BOUNDARIES OF 77TH STREET PROJECT AREA TO CEDAR
AVENUE, PROPOSED CITY PROJECT 911, AND SPECIALLY ASSESS
COSTS OF CURRENT SERVICES PROVIDED WITHIN 77TH STREET
PROJECT AREA FOR PERIOD OF JANUARY 1, 1996 THROUGH
DECEMBER 1, 1996, AND SETTING DATE OF HEARING FOR AUGUST 28,
1995 C.L. 187
B. CONSIDERATION OF APPROVAL OF OFF-STREET PARKING PERMIT TO
ALLOW COMMON ENTRANCE TO 77TH STREET FROM PARKING LOTS
AT 1420 AND 1500 EAST 78TH STREET (THE GROUND ROUND AND PC
EXPRESS) C.L. 188
C. CONSIDERATION OF APPROVAL OF ITINERANT PLACE OF AMUSEMENT
LICENSE WITH FEE WAIVER FOR OAK GROVE LUTHERAN CHURCH,
7045 LYNDALE AVENUE, BLOCK PARTY ON AUGUST 5 AND 6, 1995 C.L.
189
D. CONSIDERATION OF APPROVAL OF ON-SALE, NON-INTOXICATING MALT
LIQUOR, ITINERANT PLACE OF AMUSEMENT, AND ITINERANT FOOD
LICENSES FOR CHURCH OF ASSUMPTION, 305 EAST 77TH STREET,
1995 FUN FEST ON AUGUST 12 AND 13, 1995 C.L. 190
E. CONSIDERATION OF APPROVAL TO ADVERTISE FOR BIDS FOR SMALL
GARBAGE COMPACTOR TRUCK FOR USE BY PARK MAINTENANCE
DIVISION C.L. 191
F. CONSIDERATION OF APPROVAL OF RENEWAL OF COMMERCIAL
KENNEL LICENSE FOR ANIMAL CARE CLINIC, 6521 CEDAR AVENUE C.L.
192
G. CONSIDERATION OF APPROVAL OF RENEWAL OF COMMERCIAL
KENNEL LICENSE FOR AIRPORT PET HOSPITAL, 6301 CEDAR AVENUE
C.L. 193
H. CONSIDERATION OF APPROVAL OF RENEWAL OF COMMERCIAL
KENNEL LICENSE FOR WOODLAKE VETERINARY HOSPITAL, 6436
LYNDALE AVENUE C.L. 194
PUBLIC HEARING
PUBLIC HEARING AND CONSIDERATION OF RESOLUTION APPROVING
HOUSING PLAN AND FINANCING PROGRAM FOR HERITAGE SQUARE EAST,
CRESTWOOD AND HAMPTON PLACE APARTMENTS
COUNCIL LETTER NO. 195
RESOLUTION
CONSIDERATION OF RESOLUTION APPROVING 1995-1996 LABOR
CONTRACT WITH LAW ENFORCEMENT LABOR SERVICES, LOCAL 123
COUNCIL LETTER NO. 196
PROPOSED ORDINANCE
CONSIDERATION OF FIRST READING OF ORDINANCE AMENDING SECTION
416.07, SUBD. 2, ALLOWING TEMPORARY OFF-SITE DIRECTIONAL SIGN
FOR HAGEN MICROAGE, 515 WEST 77TH STREET; ILN REDEVELOPMENT
AREA
COUNCIL LETTER NO. 197
ADMINISTRATIVE REPORTS & OTHER BUSINESS
7. CONSIDERATION OF YOUTH APPOINTMENT TO FRIENDSHIP CITY
COMMISSION
COUNCIL LETTER NO. 198
AIRPORT BUSINESS
8. CONSIDERATION OF APPROVAL OF MEDIATION AGREEMENT RELATED TO
EXTENSION OF RUNWAY 4-22
COUNCIL LETTER NO. 199
9. AIRPORT STATUS REPORT
77TH STREET PROJECT BUSINESS
10. 77TH STREET PROJECT 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 861-9702.
8
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 199
Agenda July 17, 1995
Issue Statement:
Consideration of approval of a mediation agreement related to the extension of Runway
4-22.
Background:
The City of Richfield has previously taken a position opposing the noise redistribution
portion of the Runway 4-22 project. The City supports the physical extension of the
runway to use as a longer runway for long-haul flights and fora "detour" runway during
the reconstruction of the south parallel.
Opposition to the noise redistribution portion of the project is based upon an analysis
that demonstrates that few people would notice a reduction in noise. The potential
benefits to North Richfield and South Minneapolis would be of short duration and very
high cost (in excess of $50 million). At the same time, the impact upon south Richfield
would be very significant due to the fact that the runway is being constructed one-half
mile closer to residential properties. As a result the City authorized litigation
challenging the adequacy of the EIS. The City also encouraged all parties to mediate
the dispute to avoid litigation. Mediation was initiated as a result of Richfield's efforts.
The mediation included the cities of Minneapolis, Richfield, Bloomington and Eagan,
Metropolitan Airports Commission and Metropolitan Council. A mediation agreement
has been negotiated by the parties and is being submitted to the governing bodies of
each of the mediation .participants. A copy of the mediation agreement is attached.
The mediation agreement basically provides the following:
• The runway will be physically extended but the decision regarding noise
redistribution will be delayed until the mediation team can gather additional
information regarding the appropriateness of noise redistribution.
• Each agency will contribute up to $20,000 to conduct a survey to gauge public
opinion regarding different noise mitigation alternatives.
• The City of Richfield maintains its option to litigate pending the outcome of the
mediation. The City does agree to not request a temporary restraining order during
the term of the mediation discussions. This matter has been reviewed by Steve
Pflaum, Special Counsel to the City.
Recommended Motion:
Approve the mediation agreement and authorize the Metropolitan Council and MAC tc
sign the agreement subject to the understanding that paragraph a of the agreement is
interpreted as follows:
8-~
The City Council understands that paragraph a of the mediation agreement is
intended, among other things, to prevent the MAC, MnDOT, and the FAA from
asserting any argument or defense in the lawsuits based upon or relating to the
fact that, during the pendency of the mediation process, the MAC spent any
funds in connection with the noise redistribution or noise mitigation components
of the Runway 4-22 extension project, including funds spent on any planning,
engineering, or design studies regarding the Taxiway C/D complex (queuing
taxiway) or the noise mitigation plan. The Council's approval of the mediation
agreement is conditioned upon the other parties' express concurrence with this
understanding.
Basis of Recommendation:
1. Steve Pflaum, Special Counsel to the City on this matter, recommends approval
subject to clarification.
2. The agreement will allow the City to gather additional information regarding
potential mitigation alternatives.
3. The agreement provides an opportunity to work cooperatively with adjoining
communities, Met Council and MAC to resolve long term noise issues in a
nonadversarial atmosphere.
Alternative Recommendation:
1. The Council may decide not to approve the mediation agreement. Our legal
position on this matter remains strong. The mediation agreement does include a
consideration to move up the construction timetable for the north-south runway as
away of providing noise relief from 4-22 redistribution flights and runway
operations 29L and 29R. Clearly, the interests of some other mediation parties,
principally Minneapolis and Bloomington, are different than Richfield, and the
support for north-south.
Discussion/Decision Mode:
This matter will be presented at the Council meeting of July 24, 1995. Council
Members are encouraged to contact Steve Pflaum to discuss any questions or
concerns they may have prior to the meeting. Council Members may contact Steve
Pflaum at 312/984-3641 (office) or 708/945-5644 (home). Steve Pflaum will be at his
office number on Saturday, July 21, 1995.
Respe y ubmitted,
Jam D. Prosser
City anager
JDP:cak
The Minneapolis-St. Fau1 International Airport (M5~ Runway 4122 extension project has two main
objectives -noise redistribution anal aperatiorzal considerations. The extension of Runway 4/Z? would
provide facilities that would allow shifting air traf7~c from. south Minneapoli5lnonlt 1ichfield to
Bloonvngtonlsouth Richfield. The operational considerations include the need for an 1 i,ODU foot runway
to avoid the. capacity constraints imposed by the closure and reconstruction of the south parallel runvray
and the need :for a Ionger runway to aecommadste long-haul domestic atzd international flights.
Reunamendations:.
The Metropolitan Council approves MSP Runway 4/22-project as subnvtted by the-Metropolitan Airports
Commission •{MAC) with construction to begin immediately on the runway Cxtension and parallel taxiway,
subject to the following coz~ditiors:
a. '!ue participating agencies and surrounding communities should have more time to
investigate the merits of noise distribution and other measures tlsat provide relief from
noise. These other measures iizclude, but are not limited to, increased funding fQr sound
insulation and operational possibilities such as dedicated runway. use for Stage IIi aircraft.
.Abroad range of noise mitigation .options and the funtre of the current airport site must
be considered in .the policy decision on the noise redistribution aspect. of the project.
hectors to be considered include .the following:
• The perceptions and desires. of the. impacted public are signiFicant factors in
deaidinc what noise relief measures are provided. To this end, the IvIAC and
Metropolitan Council and the surrounding communities agree to expend up to
SZO,QI}0 each for a survey to gauge public opinion. Results of the survey, to be
conducted in September, will be utilized in the decision-making process,
~ Review of tree environmental itmpacts that will be experienced as a result of the
proposed NorthlSouth runway should M5P ba expanded.
+ . The posstbiIity of moving up the construction timetable for the North/South
runway as a vaay of pravitliag noise relief from 4122 redistribution .flights and
runway operations • 29T,/29R.
a Early implementation of the North/South runway for capacity purposes_
• The necessiry for further wst-benefit analysis of the proposed change in runway '
use and associated noise mitigation program_
+ The necessity for further rcwiew of environmental impacts of adding flight tracks
east of Gedar Avc. •
+ MinncapoIis and Eagan arc both in the process of reviewing infarcnation
regarding the Dual Track Planning Process. Both expect to develop city policies
~tecatnmendAtion: 'The MSP Runway 4122 Mediation Team will recommend a noise
mitigation plan to the MAC and .the lvletropoLitaa Couac:ii for approval.
c. If aII of the participating.. parties cannot agree on a noise mitigation plan by May Z, 1996,
the decision. will be made. by the Metropolitan Council on a noise mitigation proposal
submitted by the MAC. Nothing in this agreement precludes any of the parties from
asserting their respective positions on any noise nutigation plan before the MAC and the
Metrapalitatt Council or in any pending or subsequant legal action relating to this project.
d. Until the Metropolitan Couzacil approves an acceptable noise tttitigation plan that is
developed as described in paragraphs band c, above, the MAC shall not Undertake
car?struction of the ~tteuing Taxiway or implement the noise mitigation plan for-the
projc:et described in the Environmental Impact Statement.
e. Doting the process described above, the City of Richfield. and MAC agree to seek court
apgrovai to stay the state and federal lawsuits regardiCtg Runway 4/22 sad. the City of
Richfield will not seek injunctive relief against the construction of the Runway 4/22.
extension.
The MAC and the City of Richfield agree not to assert any argument or defense in the
lawsuits based upon or relating to the Iaet that: i) runway 4122 has been. or will be
extended or 2} the City of Richfield does mot ordid not oppose. or seek injunctive relief to
block the extension of the runway ar waive their right to oppose .the project or project
components during this mediation process.
The MAC and rht: City of Richfield will seek agreement iTOm MN/DOT and the FAA not
to assert a~ argument or defense in the lawsuits based upon or relating to the fact that:
1} runway 4/22 has been or will be extended- or 2} the City of Richfield does. not ar did
not oppose or seek injunctive relief to block the extension of the runway. or waive their
right. to oppose the project ar pmject components. during this mediation process.. `All
parties reserve their right to withdraw from this mediation process if agreement from
MN/DCT and FAA is not reached.
Coral Houie, Mayor
Ciiy ofBIoomin~ton
Marlin J. I;.irsch, Mayor
City of Richfield
Sharon Sayles Belton, Mayor
City of Minneapolis
Tozn Egan, Mayo;
City of Eagan
James SUIsm, Regional Administrator
Metropolitan Council
Mark Y3erni~ardson, City Manager
James !]. Prosser, City M, Hager
Merv J~eefe, City Clerk
Eugene Van Cvcrbeke, CityCletk
JeiFHatniel, Executive Director
Metropolitan Airports Commission
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 198
Agenda July 24, 1995
Issue Statement:
Consideration of youth appointment to Friendship City Commission.
Background:
Several terms of youth members on the City's Board/Commissions expired on May 31,
1995. At the May 22, 1995 Council meeting, the Council appointed persons to fill the
vacancies. However, one vacancy remained on the Friendship City Commission. This
is a one year term that ends on May 31, 1996.
One applicant was interviewed on July 24 prior to the regular City Council meeting.
Recommended Motion:
Appoint a person to fill the youth vacancy on the Friendship City Commission.
Basis of Recommendation:
1. This appointment completes the membership of the Friendship City Commission.
2. An applicant was interviewed on July 24.
Alternative Recommendation:
1. Defer an appointment to a later Council meeting.
Discussion/Decision Mode:
This item is placed on the July 24, 1995 Council agenda for Council consideration. The
appointment will begin immediately.
Respectfully submitted,
James .Prosser
City Ma ger
JDP:cak
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 197
Agenda July 24, 1995
Issue Statement:
First reading of an ordinance amending Section 416.07, Subd. 2, paragraph (g), clause
(2), permitting temporary business directional signs.
Background:
In 1987, the Richfield City Council adopted a model sign ordinance in an effort to create
a community standard by limiting the number and sizes of signs a given business could
have. While the ordinance itself is quite complex, it has accomplished its intent -- less
sign "clutter."
As a result of the 77th Street Project, the City Council amended the sign ordinance in
1993 to allow some off-site directional signs in the 77th Street corridor. This
amendment allows off-site directional signs for businesses that abut I-494; 77-1/2
Street; I-35W; and Lyndale, Portland, Nicotlet, 12th and Cedar Avenues. It prohibits off-
site directional signs for businesses that abut 77th Street.
Recently, staff was asked by Hagen MicroAge, 515 West 77th Street, for off-site
signage. Mr. Hagen requested that he be allowed to put an off-site directional sign at
Lyndale and 77th, due to his relocation (CSM redevelopment of 77-1/2 Street). The
current ordinance prohibits such a sign of this nature. This has been confirmed by the
City Attorney. Staff has reviewed this with Mr. Hagen and explained that it would
require an ordinance change. Mr. Hagen requested staff to pursue the change.
Recommended Motion:
Approve first reading of an ordinance amending Section 416.07, Subd. 2, paragraph
(g), clause (2), allowing an off-site directional sign for a business that has been
relocated within the Interstate-Lyndale-Nicotlet (ILN). Redevelopment Area and
schedule the public hearing and second reading for August 14, 1995.
Basis of Recommendation:
1. The ILN Redevelopment has relocated a number of businesses. This has caused
some hardships as well as opportunities. The developer and staff worked with
many business owners in an attempt to keep them in Richfield. One such
business was Hagen MicroAge. However, due to the new location, Mr. Hagen has
requested an off-site directional sign (currently prohibited by ordinance) which he
believes is necessary to direct his customers to the new location.
2. The proposed amendment provides for a temporary (one year) off-site sign to
accommodate situations like Hagen MicroAge.
~ -I
Alternative Recommendation:
1. Direct staff to provide for more or less flexibility on signage for businesses that
have been relocated due to a redevelopment project.
2. Do nothing and allow the ordinance to remain unchanged. This would prohibit the
request made by Hagen MicroAge.
Discussion/Decision Mode:
Conduct first reading of an ordinance amending Section 416.07, Subdivision 2,
paragraph (g), clause (2), permitting certain temporary off-site business directional
signs and schedule the public hearing and second reading for August 14, 1995.
Respectful) submitted,
James Prosser
City Ma ger
JDP:ds
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BILL NO.
AMENDMENT TO SECTION 416.07, SUBDIVISION 2, PARAGRAPH (G),
CLAUSE (2) OF THE RICHFIELD CITY CODE;
PERMITTING CERTAIN TEMPORARY BUSINESS
DIRECTIONAL SIGNS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 416.07, subdivision 2, paragraph (g), clause (2) of the
Richfield City Code is amended to read as follows:
(2) Business directional signs. In addition to the signs permitted under the
preceding provisions of this subsection 416.07, off-site directional signs may be placed
on properties that immediately abut 77th Street, subject to the requirements of this
clause (~}~1-} ~g~(?). A business directional sign requires a permit issued by the Council.
The application for such permit shall be made to the building official. Upon receiving an
application, the building official shall involve the planning and transportation divisions in
a review of the application. No such permit shall be issued without first obtaining the
approval of the Council. The Council shall not approve the permit unless it determines
that all of the following conditions are or would be met.
(i) The sign must direct traffic to a business located on property
abutting I-494, but which does not abut on 77th Street, 77 1/2 Street, I-35W, Lyndale
Avenue, Nicollet Avenue, Portland Avenue, 12th Avenue or Cedar Avenue. In the
alternative the sian must direct traffic to a business that has relocated within the
Interstate ~ndale Nicollet redevelopment project area as the result of an acauisition
project undertaken ~ the City, state count or housina and redevelopment authority.
The sign allowed under the_._precedin~ sentence shall be permitted for a period not to
exceed one year from the date that the acquiring authority obtained title to the aroaerty
from which the business relocated.
(ii) The permit application must be made by the business served by
the sign. If the sign is to be located on private property, the owner of the property must
consent to the application.
(iii) The sign must be placed at least 14 feet south of the south curb
line of the 77th Street roadway; and at least six feet from any other public roadway; as
measured from the back of the curb. Notwithstanding any other provision of this
Section. 416 to the contrary, a business directional sign may be located within the
unused right of way of a City street.
(iv) The sign location must not create a traffic hazard.
~-3
(v) The business served by the sign may not have more than one sign
face addressing each direction of 77th Street anywhere in the 77th Street Corridor. The
sign may be double-faced, or upon a showing of need, two separate single-faced signs
may be utilized to address each direction of 77th Street. Sign faces shall be positioned
at approximately right angles to the 77th Street roadway.
(vi) The business owner served by the sign must demonstrate that he
or she has contacted other eligible businesses in the vicinity to determine whether they
are interested in going together on one sign.
(vii) In no instance may more than three businesses be represented on
one sign face. Such signage shall comply with the following size requirements:
a) one business. - 24 inches wide by 18 inches high
b) two businesses - 24 inches wide by 24 inches high
c) three businesses - 24 inches wide by 30 inches high
(viii) The business owner(s) being served by such signage are
responsible for the purchase and installation of the sign.
(ix) The sign must contain the name of the business (or businesses)
and an arrow indicating which direction to turn. In special circumstances, it may be
necessary to use text in lieu of an arrow to indicate the appropriate direction (i.e., next
left). In any case, the use of text shall be kept to a minimum.
(x) Signs may not contain advertising messages. The sign may
contain a color logo not to exceed 36 square inches for each business. In the case of
multiple businesses on one sign, logo placement shall be approved by staff.
(xi) The sign shall be mounted at a height of seven feet, as measured
from the bottom of the sign to the ground level at the top of the abutting street curb.
(xii) The sign shall have a medium blue background. All lettering and
arrows shall be white. All lettering shall be upper-case helvetica style, four inches in
height.
(xiii) The corners of the sign face shall be rounded. The sign face shall
have a white border just inside the edge.. Such border shall be three-quarters of an
inch in width. The corners of the sign border shall be rounded to fit the sign face.
(xiv) The sign face shall be metal or other material as approved by the
City.
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(xv) The sign shall be mounted on a single iron post of sufficient gauge
to safely secure the sign face. The business (or businesses) served by such signage
shall be responsible to contacting the utility companies before installing the post.
(xvi) The business (or businesses) being served by off-site directional
signage shall keep such signage in proper. position, clean, and legible at all times.
Damaged sigris shall be replaced by the business within 20 days of written notice to
repair such damaged sign by the City. Failure to repair damaged signs within the 20
days will result in revocation of the permit and removal of the sign by the City.
(xvii) In instances where the 77th Street off-site signage does not lead
traffic directly to the business via the north/south avenues, the business may install one
off-site directional sign near the end of the avenue, as approved by staff. This sign
shall be installed and designed similar to the 77th Street off-site sign, however, the sign
face shall be no more than six inches in height by 24 inches in length. In unique
circumstances (i.e., business with unusually long name) the Council may approve a
sign face that is more than 24 inches in length.
Passed by the City Council of the City of Richfield, Minnesota this day of
August, 1995.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
^ ~
801 WEST 77 1/2 STREET RICHFIELD MINNESOTA 55423 612-866-3441 FAX 612-866-9127
June 18, 1995
Mr. Dennis Neudecker
City of ~iichfield
6700 Portland Avenue South
Richfield, MN 55423
Dear Dennis:
~~
~.~~ ~
As per our phone conversation I would like to request permission to place a directional
sign on Lyndale Avenue for our new location at 515 West 77th Street. We are very
concerned about the ability of our customers to find us at our new location after being
at the old one for eighteen years. We, of course, will make every attempt to inform our
customers of this move, but with our Yellow Pages and White Pages address being
wrong for the next seven months we stand the risk of losing business. Over the years
have seen many instances where the city has allowed temporary signs to be put up to
redirect people to businesses and this is what I am requesting.
We would propose to place the sign at the location indicated on the attached map for a
period of one year. The sign would meet your specifications as outlined in your
regulations for the 77th Street corridor meaning the sign would be 24" wide by 18"
high, medium blue with the required white outline, curved edges, and would stand on
one post. The lettering would be white, uppercase Helvetica, four inches high, with a
directional arrow. The sign would face South.
realize that this request is out of the ordinary, but as you realize, the circumstances of
our move are not ordinary and the granting of this request will help keep business in
Richfield. Thank you for your consideration.
Si'nc rely,
Bryan L. Hagen
President
~,-~
Z
h
w
Z
O
a
v
0
Lyndale Avenue
Attorneys al I,aw
ROBF,RT A. ALSOP
YALD H. ISATTY
.,rHEx J. BunuL
JO }DV B. DEAN
MARY G- DOBBINS
CORRINE A. HEINF,.
DAVID J. KENNEDY
CHARLES L. LEFEVERE
JOHN M. LEFEVRE, JR.
ROBERT ,J. LINDALL
ROBERT C. LONG
JAMES M. STROMMEN
June 27, ~ 995
Mr. Dennis Neudecker
City of Richfield
6700 Portland Avenue South
Richfield, MN 55423
KENNEDY & I.TRAVEN ~p-~
CHARTERED
470 Pllisbur7 Center, Minnespdis, Minnesota 55402
(612) 337-9300 JAMES J. T}}OMSON, JR.
LARRY M. WERTIIEDN
Facsimile (612) 337-9310 BONNIE L. WILKINS
JOE Y. YANG
DAVID L. GRAVEN (1919-1991)
OF COUNSEL
WRITER'S DIRECT DIAL ROBERT C. CAALSON
(612) 337-9117 'ROBERT L. DAV}D$ON
WELLINGTON H. LAW
T. JAY SALMEN
RE: Directional Sign for Hagen Microage
Dear Dennis:
This follows our conversation of today, in which you advised that Hagen Microage has requested
permission to install an off-premises directional sign, which would direct customers to their new
location on 77th Street. The request does not meet the requirement of the City Code, Subsection
416.07, subd. 2(g)(2}(i), which requires that the sign must direct traffic to a business located on
property that .abuts I-494 but does not abut on 77th Street and other named streets. In addition,
Subsection 416.03, subd. 7 does not permit variances to be given from the provisions of the sign
ordinance.
Therefore, it is my opinion that the request by Hagen Microage does not meet the requirements
of the sign ordinance, and that a sign permit cannot be issued. An amend o the provisions
of the sign ordinance would be needed in order to allow the si a installed.
Sincerely,
~ ~z.~ ,~_
Corrine A. Heine
cc: John Dean
::,H~~ i~75 ~ -
RC1h0-3 t'.
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 196
Agenda July 24, 1995
Issue Statement:
Approval of the 1995-1996 labor contract with the Law Enforcement Labor Services
(EELS), Local 123.
Background:
City staff has completed labor negotiations with the Richfield Police Officers Federation
on a Labor Agreement for the years 1995 and 1996, subject to Council approval.
EELS, Local 123 represents the positions of Police Officers and Investigator/Agents.
There are. 34 employees represented in the unit.
The tentatively approved settlement includes the following changes effective January 1,
1995:
WAGES
A 2% across-the-board increase effective January 1, 1995 and a 1 % across-the-
board increase effective June 1, 1995. For the Juvenile Investigator assignment,
increasing the compensation from $170/month over the pay step to $173.40 per
month over the step effective January 1, 1995 and $175.13 per month over the pay
step effective June 1, 1995. Wages may be reopened for 1996.
2. HEALTH INSURANCE
A $20 increase from $315 per month to $335 per month for dependent coverage for
1995. Health insurance may be reopened for 1996.
3. LIFE INSURANCE
Increasing the coverage from $15,000 to $20,000 per employee.
4. DENTAL INSURANCE
A $1 increase from $23 per month to $24 per month for single coverage. Dental
insurance may be reopened for 1996.
5. CLOTHING ALLOWANCE
A $30 increase from $405 to $435 per year effective January 1, 1995 and a $25
increase to $460 effective January 1, 1996.
6. STANDBY PAY
Effective upon ratification of the contract, employees will receive $25 per occurrence
of being required to standby for duty. This is a new benefit.
5-I
7. COURT TIME
Effective January 1, 1995, a 0.5 hour increase in minimum overtime pay, from 2.0
hours to 2.5 hours overtime, for being required to testify in court during off-duty
hours. Effective January 1,1996, a 0.5 hour increase from 2.5 hours to 3.0 hours in
minimum overtime pay.
8. HOLIDAY LEAVE
Effective January 1, 1996, adding Veterans' Day to the list of lolidays compensated
at time and one-half if worked, from seven to eight holidays.
9. WORK AND TRAINING SCHEDULES
Effective January 1, 1996, reducing the number of days the City needs to give
advance notice of work and training schedule changes from 30 to 15 days.
Recommended Motion:
Approve the Labor Agreement with the LELS, Local 123 and authorize the City
Manager to execute the Agreement.
Basis of Recommendation:
1. 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.
2. The 1995 wages and insurance portions of the proposed settlement are similar to
other-City employee groups, and the remaining 1995 and 1996 portions are similar
to police unit agreements in other, comparable cities and other City employee
groups. The total cost of the settlement increase for 1995 is 2.67%; the cost of the
1996 items settled at this time is $800.
Alternative Recommendation:
Do not approve the terms of the agreement requiring further negotiation and/or
arbitration.
Discussion/Decision Mode:
In order to allow the City's accounting personnel to modify payroll records in a timely
manner for 1995 wages and benefits, it is recommended that the City Council act on
July 24, 1995 to adopt the attached resolution providing for contract changes effective
January 1, 1995.
Respectful) ubmitted,
James D. osser
City Manager
JDP:ds
Attachment
~~
RESOLUTION NO.
RESOLUTION APPROVING REOPENER ISSUES OF LABOR AGREEMENT
BETWEEN THE CITY OF RICHFIELD AND
LAW ENFORCEMENT LABOR SERVICES (EELS), LOCAL 123 BARGAINING UNIT
-FOR THE YEARS 1995 AND 1996
WHEREAS, the City Manager and the Richfield Police Officers Federation have
reached an understanding concerning conditions of employment for the years 1995 and
1996; and
WHEREAS, it would be inappropriate to penalize EELS members who have
negotiated in good faith; and
WHEREAS, the Personnel Ordinance requires that contracts between the City
and the exclusive representative of the employees in an appropriate bargaining unit
shall be implemented by Council resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
approve the two year Labor Agreement between the City of Richfield and EELS Local
123 Bargaining Unit for the years 1995 and 1996, with a reopener for wages and
insurance for 1.996, under the provisions of the Labor Agreement to be implemented,
effective January 1, 1995.
Martin J. Kirsch Mayor
ATTEST:
Thomas P. Ferber City Clerk
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MEMORANDUM OF CONTRACT
BETWEEN THE CITY OF RICHFIELD
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
FOR L.E.L.S. LOCAL 123
FOR THE PERIOD
JANUARY 1, 1995 TO DECEMBER 31, 1996
~.
TABLE OF CONTENTS
Paae
Article 1 Preamble & Statement of Purpose ..................................................... 1
Article 2 Definitions .............................................................................................. 1
Article 3 Recognition ........................................................................................... 3
Article 4 Union Security .........................................................................:............ 3
Article 5 Employer Security ............................................................................... 4
Article 6 Employer Authority .............................................................................. 4
Article 7 Grievance Procedure .......................................................................... 5
Article 8
Work Schedule ....................................................................................
9
Article 9 ~ Discipline .............................................................................................. 9
Article 10 Sick Leave ............................................................................................ 10
Article 11 Injury-On-Duty Leave ........................................................................ 11
Article 12 Vacation Leave .................................................................................... 12
Article 13 Holiday Leave ...................................................................................... 13
Article 14 Overtime Pay ....................................................................................... 15
Article 15 Severance Pay .................................................................................... 15
Article 16 Insurance ............................................................................................. 16
Article 17 Tuition Reimbursement ......:............................................................... 16
Article 18 Longevity ............................................................................................. 16
Article 19 College Incentive Pay ......................................................................... 17
Article 20 Clothing Allowance ............................................................................. 18
Article 21 Seniority Rights &Assignments ...:.................................................... 18
Article 22 Safety ................................................................................................... 19
Article 23 Savings Clause ................................................................................... 19
~!~
Article 24 Civil Service Rules ...........................................................:.................. 20
Article 25 Salary Schedule for Police Officers and
nvestigator/Agents ...................................................................... 20
Article 26 Investigator/Agent On-Call. Status .................................................... 21
9 Y ....... ...............
Article 27 Drug and Alcohol Testin Polic ............................. 21
Article 28 Complete Agreement & Waiver of Bargaining ................................. 22
Article 29 Duration ...............................................................................................22
Addendum A Salary Schedule .................................................................................. 24
Addendum B Clothing and Equipment Issue .....:.................................................... 26
Addendum C Drug and Alcohol Testing Policy ....................................................... 27
U
MEMORANDUM OF CONTRACT
BETWEEN THE CITY OF RICHFIELD
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
FOR L.E.L.S. LOCAL 123
ARTICLE 1 -PREAMBLE AND STATEMENT OF PURPOSE
This agreement is entered into between the City of Richfield (hereinafter referred to as
the Employer) and Law Enforcement Labor Services, Inc. (hereinafter referred to as the Union,
Local 123). The intent and purpose of this Agreement is to:
1. Provide an orderly procedure for the resolution of disputes concerning this
Agreement's interpretation and/or implementation;
2. To set forth .herein the full and complete understanding of the parties concerning
rates of pay, hours and other conditions of employment for the duration of the
Agreement.
ARTICLE 2 -DEFINITIONS
COMPENSATORY TIME is time off granted by the Employer for work performed at the
express authorization of the Employer in excess of the Employee's regularly scheduled shift.
Employees may accumulate up to a maximum of sixty-four (64) hours of compensatory time.
Employees may exceed the maximum compensatory accumulation with the prior approval of
the Department Director. Such compensatory time may be used only with the approval of the
Employer.
DEPARTMENT HEAD means the Director of Public Safety or the designated
representative.
DIVISION means the Police Division of the Department of Public Safety.
DUTY ASSIGNMENT means any work shift or special assignment, including but not
limited to, court appearance, overtime detail, training, range qualification or crime prevention
function, and any assigned police-related meetings.
~~~
EMERGENCY means a situation or condition which could not have been reasonably
anticipated by the parties, such as, but not limited to, fire, flood, motor vehicle or aircraft
accident, riot civil commotion, etc. and which is declared to be an emergency by the City
Manager of the City of Richfield orits Director of Public Safety or their respective designees.
EMPLOYEE means anon-supervisory employee who is a member of the Union, Local
123.
EMPLOYEE SENIORITY means length of continuous full-time service with the
Employer beginning with the first appointment into a position covered by this agreement.
EMPLOYER means the City of Richfield or its designated representative.
JOB CLASSIFICATION SENIORITY means length of continuous full-time service within
a particular job classification covered by this agreement. Employees hired prior to January
31, 1968 who were, by.practice, hired as sworn officers, shall have the date of job
classification seniority for police officer be the date of initial appointment into the first job
classification covered by this agreement.
LUNCH BREAK means a thirty (30) minute period during the scheduled shift during
which the Employee remains on continual duty and is responsible for assigned duties.
OVERTIME means work performed at the express authorization of the Employer in
excess of the Employee's regularly scheduled shift.
PROBATIONARY PERIOD means the consecutive twelve-month period from the date
of hire or rehire.
PROBATIONARY EMPLOYEE means an employee who has not completed the
probationary period.
REGULAR BASE PAY means the Employee's monthly rate of pay exclusive of any
longevity or overtime pay or any other supplemental pay.
REST BREAKS means two fifteen (15) minute periods during the scheduled shift during
which the Employee remains on continuous duty and is responsible for assigned duties.
2
l~
SCHEDULE means any combination of shifts. A work schedule shall continue in effect
for periods of time not less than ninety (90) nor more than three hundred and sixty-five (365).
calendar days in duration.
SHIFT means a continuous eight (8) to ten (10} hour work period as designated on the
official divisional schedule which has a specific and designated beginning and terminating
time, as established by the Employer.
ARTICLE 3 -RECOGNITION
Section 1: The Employer recognizes the Union as the exclusive bargaining
representative under Minnesota Statutes 179A.03, subdivision 8, for the following position
classifications: Police Officer and Police Investigator/Agent.
Section 2: Should there be any dispute as to a new position established during the life
of this Agreement, both parties agree to refer such dispute to the State Bureau of Mediation
Services.
ARTICLE 4 -UNION SECURITY
Section 1: During the life of this Agreement, the Employer agrees to deduct monthly
Union dues for Employees who are members of the Union and who request in writing to have
their regular monthly Union dues checked off. The Employer shall remit such deduction to the
appropriate designated officer of the Union.
Section 2: The Union agrees to indemnify and hold the Employer harmless against any
and all claims, suits, orders or judgments brought or issued against the Employer as a result
of any action taken or not taken by the Employer under the provisions of this Article.
Section 3: Not more than one (1) member of the Union Negotiating Committee may be
absent from duty with full pay for negotiation sessions for the purpose of negotiating terms of
an Agreement if such sessions are scheduled at a time when a team member is scheduled to
be on duty. Such absences from work must be approved by the Division Head and only if the
Division Head determines the absence would not be detrimental to division work programs.
3
5-il
Section 4: The Employer agrees to allow the Union to use the Employer specified
bulletin boards for the purpose of posting Union meetings, Union elections, Union election
returns, and Union recreational or social affairs. The Union agrees to limit the posting of such
notices to its bulletin board space.. It is specifically understood that in no event shall such
notices be politically partisan, derogatory or critical of the Employer, or the Employer's officers
or agents nor shall such notices be derogatory or critical of the services, techniques, or
methods of the Employer.
ARTICLE 5 -EMPLOYER SECURITY
Neither the Union, its officers or agents nor any of the Employees .covered by this
Agreement, will engage in, encourage, sanction, support or suggest any strikes, slowdowns,
resignations, absenteeism, the willful absence from one's position, the stoppage of work or
the abstinence in whole or part of the full, faithful and proper performance of the duties of
employment. In the event that any employee violates this Article, the Union shall immediately
notify any such employees in writing to cease and desist from such action and shall instruct
them to immediately return to their normal duties. Any or all employees who violate any of the
provisions of this Article may be discharged or otherwise disciplined.
ARTICLE 6 -EMPLOYER AUTHORITY
Section 1: The Union recognizes the prerogative of the Employer to operate and
manage the affairs of the Police Division of the Department of Public Safety in all respects in
accordance with existing and future laws and regulations of appropriate authorities, including
personnel policies and division work- rules. The prerogatives and authority which the
Employer has not officially abridged, delegated or modified by this Agreement are retained by
the Employer, such as, but not limited to: direct employees, hire, promote, transfer, assign,
retain employees in positions, and suspend, demote or discharge or take disciplinary action
against employees, relieve employees from duties because of lack of work or other legitimate
reasons, maintain the efficiency of the government operations; determine the methods,
means, job classifications and personnel by which such operations are to be conducted, take
4
~_/~.
whatever actions may be necessary to carry out the missions of the Employer in situations of
emergency; determine reasonable schedules of work and establish the methods and
processes by which work is performed.
Section 2: The Employer's non-exercise of any function hereby reserved to it, or its
exercising, any such function in a particular way shall not be deemed a waiver of its right to
exercise such function or preclude the Employer the express provisions of this Agreement.
Section 3: The enumeration of the rights and duties of the Employer in this Agreement
shall not be deemed to exclude other inherent management rights and management functions
not expressly reserved herein and all management rights and management functions not
expressly delegated in this Agreement are reserved to the Employer.
ARTICLE 7 -GRIEVANCE PROCEDURE
Section 1: Definition of a Grievance. A grievance is defined as a dispute or
disagreement as to the interpretation or application of the specific terms and conditions of this
Agreement, or as to disciplinary actions taken by the Employer.
All grievances must be filed within twenty-one (21) calendar days after occurrence of
the circumstances giving rise to the grievance. otherwise the right to file a grievance is
forteited and no grievance shall be deemed to exist.
Section 2: Union Representatives. The Employer will recognize representatives
designated by the Union as the grievance representatives of the bargaining unit having the
duties and responsibilities established by this Article. The Union shall notify the Employer in
writing of the names of such Union representatives and of their successors when so
designated.
Section 3: Processing of a Grievance. It is recognized and accepted by the Union that
the processing of grievances as hereinafter provided is limited by the job duties and
responsibilities of the Employees and shall therefore be accomplished during normal working
hours only when consistent with such Employee duties and responsibilities. The Union shall
be limited to a maximum total of forty-eight (48) hours per calendar year of Employer time at
5
-~ 3
straight time in either time off duty or compensatory time to attend scheduled meetings with
the Employer to discuss grievances and investigatory interviews which could lead to
discipline. Such time within the forty-eight (48) hour maximum shall be used by Union officers
only with the specific approval of the Employer to attend meetings with the Employer.
Section 4: Procedure. Grievances, as defined in Article 7.1, shall be resolved in
conformance with the following procedure:
Step 1. Anon-probationary Employee claiming a violation concerning the
interpretation or application of this Agreement shall, within twenty-one (21) calendar days
after such alleged violation has occurred, present such grievance to the Employee's
supervisor as designated by the Employer. The Employer designated representative will
discuss and give an answer to such Step 1 grievance within twenty-one (21) calendar days
after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in
writing setting forth the nature of the grievance, the facts on which it is based, the specific
provision or provisions of the Agreement allegedly violated, and the remedy requested and
shall be appealed to Step 2 within twenty-one (21) calendar days after the Employer
designated representative's final answer in Step 1. Any grievance not appealed in writing to
Step 2 by the Union within twenty-one (21) calendar days shall be considered waived.
Step 2. If appealed, the written grievance shall be presented by the Union and
discussed with the Employer designated Step 2 representative. The Employer designated
representative shall give the Union the Employer's Step 2 answer in writing within twenty-one
(21) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2
may be appealed to Step 3 within twenty-one (21) calendar days following the Employer
designated representative's final Step 2 answer. Any grievance not appealed in writing to
Step 3 by the Union within twenty-one (21) calendar days shall be considered waived.
Step 3. If appealed, the written grievance shall be presented by the Union and
discussed with the Employer designated Step 3 representative outside of the Public Safety
Department. The Employer designated representative shall give the Union the Employer's
6
~-r
answer in writing within twenty-one (21) calendar days after receipt of such Step 3 grievance.
A grievance not resolved in Step 3 may be appealed to Step 3a or the procedure set forth in
Sections 5 and 6 of this Article within twenty-one (21) calendar days following the Employer
designated representative's final answer in Step 3. Any grievance not appealed in writing to
the procedure set forth in Section 3a, or Sections 5 and 6 of this Article by the Union within
twenty-one (21) calendar days shall be considered waived.
Step 3a. If the grievance is not resolved at Step 3 of the grievance procedure,
either the Union or the Employer may submit the matter to mediation
within twenty-one (21) calendar days following the Employer's
designated representative's final answer in Step 3. Submitting the
grievance to mediation preserves timelines as set forth in Section 5 and
6 of this Article.
Section 5: Waiver. If a grievance is not presented within the time limits set forth above,
it shall be considered "waived." If a grievance is not appealed to the next step within the
specified time limit or any agreed extension thereof, it shall be considered settled on the basis
of the Employer's last answer. If the Employer does not answer a grievance or an appeal
thereof within the specified time limits, the Union may elect to treat the grievance as denied at
that step and immediately appeal the grievance to the next step. The time limit in each step
may be extended by mutual agreement of the Employer and the Union.
Section 6: Choice of Remedy. If the grievance remains unresolved as a result of the
written Employer response in Step 3 or failure to resolve the grievance in mediation in Step
3a, and if the grievance involves suspension, demotion, or discharge, the grievance may be
appealed either to the procedure of Section 7 of this Article or to a procedure such as: Civil
Service, Veterans' Preference, or Fair Employment. If appealed to any procedure other than
the procedure of Section 7 of this Article, the grievance is not subject to the arbitration
procedure as provided in Section 7 of this Article. The aggrieved Employee shall indicate in
writing which procedure is to be utilized--Section 7 of Article 7 or another appeal
7
5~i5
procedure--and shall sign a statement to the effect that the choice of any other hearing
precludes the aggrieved Employee from making a subsequent appeal through Section 7 of
Article 7.
Section 7: If both parties, having exhausted the grievance steps provided herein,
cannot settle a grievance, either party may submit the issue in dispute to arbitration as
provided in the Public Employment Labor Relations Act of 1971, as amended. The selection
of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of
Grievances" as established by the Bureau of Mediation Services.
Section. 8: Authority of Arbitrator.
A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or
subtract from the terms and conditions of this Agreement. The arbitrator
shall consider and decide only the specific issue(s) submitted in writing by
the Employer and the Union, -and shall have no authority to make a decision
on any other issue not so submitted.
B. The arbitrator shall be without power to make decisions contrary to, or
inconsistent with, or modifying or varying in any way the application of laws,
rules, or regulations having the force and -effect of law. The arbitrator's
decision shall be submitted in writing within thirty (30) .calendar days
following the close of the hearing or the submission of briefs by the parties,
whichever is later, unless the parties agree to an extension thereof. The
decision shall be based solely upon the arbitrator's interpretation of the
meaning or application of the express terms of the Agreement to the facts of
the grievance presented.
C. The fees and expenses of the arbitrator's services and proceedings shall be
borne equally by the Employer and the Union provided that each parry shall
be responsible for compensating its own representatives and witnesses. If
either party desires a verbatim record of the proceedings, it may cause such
8
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a record to be made, providing it pays for the record. If both parties desire
a verbatim record of the proceedings, the cost shall be shared equally.
ARTICLE 8 -WORK SCHEDULE
Section 1: The sole authority in establishing work schedules, including relief schedules,
is the. Employer. The normal work day shall be eight (8) to ten (10) consecutive hours for
Police Officers and Police Investigator/Agents, as designated on the official divisional
schedule, and the normal work week shall. be an averaged forty (40) hours.
Section 2: Service to the public may require the establishment of daily, weekly,
seasonal or annual work schedules which depart from the normal work week or the normal
work day.. The Employer shall, except in the case of emergency, give the Union thirty (30)
days notice of such a change in the work schedule. Beginning in 1996, this notice is reduced
to fifteen (15) days notice for changes in work schedules and for training, except in the case
of emergency.
ARTICLE 9 -DISCIPLINE
Section 1: Probationary employees may be disciplined or discharged by the Employer
in its sole and exclusive discretion at any time during the probationary period, with or without
cause.
Section 2: The Employer will discipline non-probationary Employees for- just cause
only. Discipline will be in one or more of the following forms: (a) documented oral reprimand;
(b) written reprimand; (c) suspension with or without pay; (d) demotion; or (e} discharge.
Section 3: Suspension, demotions and discharges will be in written form.
Section 4: Written reprimands, notices of suspension, and notices of discharge which
are to become part of an Employee's personnel file shall be read and acknowledged by
signature of the Employee. Employees-and the Union will receive a copy of such reprimands
and/or notices.
Section 5: Employees may examine their own individual personnel files at reasonable
times under the .direct supervision of the Employer.
9
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Section 6: Employees will not be questioned concerning an investigation of disciplinary
action unless the Employee has been given an opportunity to have a Union representative
present at such questioning.
Section 7: Grievances arising under this Article relating to suspension, demotion or
discharge shall be initiated by the Union in Step 2 of the. grievance procedure under Article 7.
ARTICLE 10 -SICK LEAVE
Section 1: Sick leave shall be accrued by Employees at the rate of three and seventy
hundredths (3.70) hours per biweekly payroll period, up to a maximum of 960 hours.
Thereafter, the rate of accrual shall be at the rate of ninety-three hundredths (.93) hours per
biweekly payroll period, with no maximum accumulation.
Section 2: Sick leave may not be used by Employees during the first six months of
their employment.
Section 3: Sick leave shall not be considered as a right and may not be used at the.
Employee's discretion. Sick leave may be used only in case of actual illness or injury, legal
quarantine, to receive dental or medical care, or for serious illness or death in the Employee's
immediate family. Immediate family shall be defined as wife, husband, children, mother,
father, brother, sister, grandmother, grandfather, mother-in-law, and father-in-law. Brother-
in-law and sister-in-law shall be considered as within the definition of immediate family only
in the case of death. For serious illness or death in the immediate family, there shall be a
maximum of three days sick leave permitted for any single occurrence. The provisions under
this section are not meant to limit or abridge the Employee's rights under Minnesota Statute
181.940 et. seq.
Section 4: To be eligible for payment of sick leave, the Employee will notify the
department no less than two hours prior to the starting time of the Employee's scheduled shift
or duty assignment. This notice may be waived if the Employee could not reasonably be
expected to comply because of unusual circumstances.
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Section 5: The Employer has the right to verify the reported sickness of an Employee
and may require a doctor's certificate for absence due to sickness in those cases where the
Employer may reasonably believe there appears to be an abuse of sick leave. In all
instances, the burden of proof for the use of sick leave rests with the Employee.
ARTICLE 11 -INJURY-ON-DUTY LEAVE
Section 1: Employees who are injured while performing assigned duties and who
qualify for workers' compensation shall be eligible for Injury-On-Duty Leave, on the same
date that the Employee begins drawing workers' compensation pay.
Section 2: If the Employee is found to be eligible for Injury-On-Duty Leave, the
Employee shall receive supplementary payments from the Employer equal to the difference
between the total amount of all other Employer injury related benefits, i.e. workers'
compensation, pension disability benefits, and the employee's normal net rate of pay, after
subtraction of Federal and State tax withholding and retirement contributions, for a maximum
of ninety (90) consecutive calendar days. Such supplementary payments shall not be
charged against the Employee's accrued sick leave.
Section 3: Injury-On-Duty Leave shall extend for a maximum of ninety (90)
consecutive calendar days following the date of workers' compensation eligibility. The
Employer may require the injured Employee to be examined by a physician selected by the
Employer in order to determine whether the Employee is able to return to work pursuant to
the provisions of Section 4.
Section 4: Injury-On-Duty Leave shall be terminated by the Employer at such time as
a duly qualified physician determines that the Employee is completely able to perform all of
the duties for the Employer within the job classification the Employee held prior to injury.
Section 5: In those cases where the Employee sustains injuries of such severity that it
requires more than ninety (90) consecutive calendar days before the Employee is completely
able to perform all of the Employee's assigned duties, the Employer may, at its sole
discretion, extend the ninety (90) day maximum as referred to in Section 2 and Section 3.
11
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ARTICLE 12 -VACATION LEAVE
Section 1: All employees shall be eligible for vacation leave except that no Employee
shall be allowed to use vacation leave until after the completion of one full year of
employment.
Section 2: Employees shall accrue vacation leave according to the following schedule:
A. From the beginning of continuous employment through the fifth (5th) year of
continuous employment, each Employee shall earn vacation at the rate of
ninety-six (96) hours per year. Such vacation leave shall be credited to the
Employee at the rate of three and seventy hundredths (3.70) hours per
biweekly payroll period.
B. After the fifth (5th) year and on through the tenth (10th) year of continuous
employment, each Employee shall earn vacation at the rate of one hundred
twenty (120) hours per year. Such vacation leave shall be credited to the
Employee at the rate of four and sixty-two hundredths (4.62) hours per
biweekly payroll period.
C. After the tenth (10th) year and on through the fifteenth (15th) year of
continuous employment, each Employee shall earn vacation at the rate of
one hundred forty-four (144) hours per year. Such. vacation leave shall be
credited to the Employee at the rate of five- and fifty-four hundredths (5.54)
hours per biweekly payroll period.
D. .After the fifteenth (15th) year of continuous employment and on, each
Employee shall earn vacation at the rate of one hundred sixty (160) hours
per year. Such vacation leave shall be credited to the Employee at the rate
of six and sixteen hundredths (6.16) hours per biweekly payroll period.
Section 3: Vacation leave may be accrued up to a maximum of two hundred forty
(240} hours. This provision can be waived only if the Director of Public Safety or the
designated representative provides the Personnel Division written authorization to waive this
12
maximum prior to an Employee's reaching the maximum accrual. Employees shall use
vacation leave in increments of not less than one (1) hour.
Section 4: Vacation selection rights shall be determined within work groups by job
classification seniority provided requests for vacation leave are submitted by June 1.
Section 5: Department Head Approval. All vacation leave schedules must be
approved by the department head or the designated representative and filed in the
prescribed manner with the personnel office. In approving such schedules, the department
head or the designated representative shall consider the needs of the municipal service and
the job classification seniority and wishes of the Employee and shall respond to the
Employee's request within a reasonable length of time.
Section 6: In the event an Employee voluntarily terminates employment with the
Employer or is discharged, the Employee shall be paid for the Employee's accumulated
vacation hours as of the termination date, provided the Employee has given two weeks notice
of the termination. Employees who voluntarily terminate prior to completing a year of
continuous and active city service shall not be eligible for terminal vacation pay.
ARTICLE 13 -HOLIDAY LEAVE
Section 1: Employees shall receive ninety-six (96) hours of holiday leave per year.
Eight (8) hours of holiday leave shall be granted for each of the following eligible holidays:
New Year's Day; Martin Luther King Jr. holiday (the third Monday in January); Lincoln's
Birthday; Washington's Birthday; Good Friday; Memorial Day (the last Monday in May);
Independence Day, July 4; Labor Day (the first Monday in September); Columbus Day (the
second Monday in October);. Veteran's Day, November 11; Thanksgiving Day (the fourth
Thursday in November); and Christmas Day, December 25.
Section 2: Holiday Leave may be accrued to a maximum of ninety-six (96) hours.
Section 3: Holiday leave may be taken at any time during the year with the provision
that all such leave requests must be approved by the department head or the designated
representative. In approving such schedules, the department head or the designated
13
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representative shall consider the needs of the municipal service and the job classification
seniority and wishes of the Employee and shall respond to the Employee's request within a
reasonable length of time. In the event an Employee has exhausted all accrued holiday leave,
and is scheduled off during their normal duty assignment on a holiday named in Section 4
herein, the Employee must request the use of accrued compensatory or vacation time to be
paid for such hours. Employees shall be charged for the use of holiday leave in increments of
not less than two (2) hours per occurrence.
Section 4: An Employee who works at the express authorization of the Employer will
be compensated at time and one-half (1 1 /2) the Employee's regular base rate, in either
compensatory time or monetary payment, at the option of the Employee, subject to the
provisions of Section 1, Article 14 -Overtime Pay, for all hours worked in addition to the
holiday leave granted for the following holidays:
New Year's Day,
Lincoln's Birthday,
Memorial Day,
Fourth of July,
Labor Day,
Thanksgiving Day,
Christmas Day.
Beginning in 1996, this section also applies to Veteran's Day.
Section 5: For the purpose of computing overtime compensation on holidays, an
Employee shall receive time and one-half (1 1 /2) the .Employee's regular base rate for all
hours worked in excess of the Employee's regularly scheduled shift.
Section 6: In the event an Employee voluntarily terminates employment with the
Employer or is discharged, the Employee shall be paid for the accumulated holiday leave
hours as of the termination date, provided the Employee has given two (2) weeks written
notice of the termination. Employees who voluntarily terminate prior to completing a year of
continuous and active city service shall not be eligible for terminal holiday leave pay.
Section 7: In the event an Employee terminates his employment with the Employer or
is discharged and has used more holiday leave than accrued at the date of termination, an
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adjustment will be made in the Employee's compensation resulting in the Employee being
paid only for holiday leave accrued to the date of termination.
ARTICLE 14 -OVERTIME PAY
Section 1: Time worked in excess of the Employee's regularly scheduled shift at the
express authorization of the Employer will be compensated for at time and one-half the
Employee's regular base rate in either compensatory time or monetary payment at the option
of the Employee subject to the sixty-four (64) hour maximum compensatory time
accumulation per Employee. Employees may. exceed the sixty-four (64) hour maximum
accumulation with the prior approval of the Department Director. A scheduled change of
shifts within atwenty-four (24) hour period does not qualify for overtime.
Section 2: Employees may be assigned to work overtime at the reasonable discretion
of the Employer. Employees shall be required to work overtime unless excused by the
Employer.
Section 3: An Employee called back to work at a time other than his normal scheduled
shift shall receive a minimum of two (2) hours overtime pay. Reporting early for a shift or an
extension of a shift shall not qualify for this minimum.
Section 4: Employees who are required to testify in court during off-duty hours shall
receive a minimum of two and one-half (2.5) hours overtime pay. Effective January 1, 1996,
the minimum shall increase to three (3) hours overtime pay. Reporting early for a shift or an
extension of a shift for court duty does not qualify for this minimum.
Section 5: Employees who are required to be on standby to testify in court during off-
duty hours shall receive twenty-five dollars ($25) per occurance. This section is effective
upon ratification of the contract.
ARTICLE 15 -SEVERANCE PAY
Section 1: Employees terminating their employment with the Employer after ten (10)
years of continuous service due to retirement, disability, or voluntary resignation with two (2)
weeks advance notice to the Employer shall be paid severance in an amount equal to one-
third (1/3) of-the Employee's accumulated sick leave subject to a maximum of 400 hours.
15
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v VVV ARTICLE 16 -INSURANCE
Section 1: The Employer shall contribute up to a maximum of three hundred thirty-five
(335) dollars per month per Employee effective January 1, 1995, including dependent
coverage, towards an Employee health insurance premium offered by the Employer. The
Employer contribution cannot exceed the cost of individual coverage for Employees selecting
individual coverage. The Employer's health insurance contribution may be reopened for
1996.
Section 2: The Employer shall provide the Employee with term life and accidental
death and dismemberment insurance in the amount of $20,000 for the years. of 1995 and
1996.
Section 3: The Employer shall continue to provide the Employees with full false arrest
insurance.
Section 4: The Employer shall contribute up to a maximum of twenty-four (24) dollars
per month per Employee for individual coverage of the Employee toward a group dental
insurance premium offered by the Employee for 1995. The Employer's dental insurance
contribution may be reopened for 1996.
Section 5: All insurance benefits mentioned herein shall be selected by the Employer.
ARTICLE 17 -TUITION REIMBURSEMENT
Section 1: The Employer shall provide the benefits of the Richfield Employee
Educational Program.
ARTICLE 18 -LONGEVITY
Section 1: Commencing January 1,1988, eligible Employees shall receive a monthly
longevity payment of one hundred and sixty-five (165) dollars.
Section 2: Employees appointed after January 1, 1973 shall not be eligible for
longevity pay during their employment with the Employer.
Section 3: Employees appointed prior to January 1, 1973 who have less than five (5)
years of service as of January 1, 1973 shall be given the option to either receive longevity pay
16
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as per Article 16 or to receive college incentive pay for .approved college quarter credits. At
the time the Employee should elect to receive college incentive pay, the Employee shall no
longer be eligible to receive longevity pay.
Section 4: Employees receiving longevity pay as of January 1, 1973 may choose to
either continue receiving longevity pay or receive college incentive pay for approved college
quarter credits. At the time an Employee should elect to receive college incentive pay, the
Employee shall no longer be eligible for longevity pay.
ARTICLE 19 -COLLEGE INCENTIVE
Section 1: From January 1, 1991, eligible employees shall receive one (1) dollar and
foray (40) cents for each approved college quarter credit earned. The payment for approved
college credit shall be based upon increments of thirty. (30) quarter credits with a maximum
college incentive allowance during this period of one hundred eighty (180) approved college
quarter credits and two hundred and fifty-two (252) dollars, with incremental payments
determined as follows:
For thirty quarter credits, $42.00/month
For sixty quarter credits, $84.00/month
For ninety quarter credits, $126.00/month
For one-hundred twenty quarter credits, $168.00/month
For one-hundred fifty quarter credits, $210.00/month
For one-hundred eighty quarter credits, $252.00/month
Section 2: College credits earned by an Employee must be approved by the Director
of Public Safety in order for the Employee to receive college incentive pay for such credits. In
order for college credits to be approved, such credits must apply toward the attainment of the
four (4) year job-related college degree.
Section 3: Employees must complete four (4) years of service before becoming
eligible to receive incentive pay. Employees with more than two years, but less than four
years. of service as of January 1, 1982, shall continue to receive fifty (50) cents per credit for
all college credits approved for reimbursement as of January 1, 1982, and shall not be eligible
for any increase in per credit reimbursement until after completion of four years of service,
and/or completion of the next increment of thirty credits.
17
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Section 4: The Director of Public Safety may withhold all or part of an Employee's
college incentive pay if the Employee receives an unsatisfactory summary evaluation on the
work progress report.
Section 5: Participating Employees shall be required to earn at least three (3) quarter
college credits per year in order to continue to be eligible for college incentive pay. This
requirement may be waived by the Director of Public Safety in individual cases, and would not
apply once an Employee has been granted the two (2) year Associate of Arts degree.
Section 6: An Employee must receive a passing grade equivalent to a "C" or better in
order to receive college incentive pay for credits earned.
Section 7: College incentive pay shall be applied quarterly to the Employee's regular
rate of pay..
ARTICLE 20 -CLOTHING ALLOWANCE
Section 1: The maximum clothing allowance for personnel in the Police Officer and
Investigator/Agent job classifications shall be four hundred thirty-five (435) dollars per year for
1995 and four hundred sixty (460) dollars per year for 1996. This allowance is for the
maintenance, repair and replacement of uniforms and equipment initially provided by the
Employer and for civilian clothing for those Employees assigned to work in plainclothes. The
initial uniform clothing for a new Employee shall be provided by the Employer (Addendum B).
Probationary Employees shall not be entitled to receive a clothing allowance during the first
year of employment.
ARTICLE 21 -SENIORITY RIGHTS AND ASSIGNMENTS
Section 1: The Employer agrees to furnish the Union with an up-to-date list every
twelve (12) months showing the position classification, appointment date and length of
continuous service for Employees represented by the Union.
Section 2: Senior qualified Employees shall be given preference in bidding for shifts,
within job classifications. All Employees covered by this Agreement are eligible to bid for
shifts by seniority except those Employees with less than one (1) year continuous service in
18
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the Richfield Police Division at the time of such bidding, or which are herein expressly
exempted. Except as otherwise provided in this contract, the Employer will not assign an
Employee to work a shift other than the one assigned through the bid process, for the
duration of the bid period.
Section 3: Bidding shall commence not less than thirty (30) days prior to the
commencement of the work schedule being bid and bidding. shall be open until twenty (20)
days prior to the commencement of the work schedule being bid.
Section 4: Employees who accept an assignment at the request of the Employer that
requires the Employee to work hours other than those the Employee would be awarded
under the process of seniority bid as provided in this Agreement are deemed to be ineligible
for the duration of the assignment.
Section 5: The Employer shall have the sole authority to establish work schedules,
including work relief schedules. Work relief schedules shall be composed of not more than
two (2) shifts per schedule. For the purpose of bidding, any such schedule shall be treated
as if it were one shift.
ARTICLE 22 -SAFETY
Section 1: Both the Employer and the Employees agree to maintain sanitary and safe
working conditions and equipment.
ARTICLE 23 -SAVINGS CLAUSE
Section 1: This Agreement is subject to the laws of the United States, the State of
Minnesota, and the signed municipality. In the event any provision of this Agreement shall be
held to be contrary to law by a court of competent jurisdiction from whose final judgment or
decree no appeal has been taken within the time provided, such provision shall be voided. All
other provisions shall continue in full force and effect. The voided provision may be
renegotiated at the request of either party.
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ARTICLE 24 -CIVIL SERVICE RULES
Section 1: In the event the Civil Service rules are abolished and no longer in effect, the
parties will address bargainable issues mandated by the Public Employment Labor Relations
Act (PELRA) of 1971 as amended.
ARTICLE 25 -SALARY SCHEDULE FOR POLICE OFFICERS & INVESTIGATOR/AGENTS
The salary schedule for Police Officers and Investigator/Agents shall be in accordance
with Addendum A. Wages may be reopened. for 1996.
Section 1: See Addendum A.
Section 2: See Addendum A.
Section 3: Commencing on January 1, 1987, the wage rate for the classification of
Investigator/Agent shall be determined, based on a six (6) per cent wage differential between
the top step for Police Officer and the top. step for Investigator/Agent.
Section 4: Any Employee who holds the rank of Police Officer, and is designated by
the Employer to act as a Lead Worker or Shift Coordinator, shall be compensated at a rate of
pay equal to five (5) hours of overtime pay per month or pro-rata share thereof.
Section 5: Commencing on January 1, 1995 an Employee who is assigned by the
Employer to the position of Juvenile Investigator/School Liaison Officer will be compensated at
a flat rate of one hundred seventy three dollars and forty cents ($173.40) per month (or pro
rata share thereof) in addition to the Employee's Police Officer step pay as outlined in the
current Police Federation pay plan. Commencing on June 1, 1995 such Employee assigned
pursuant to this section will be compensated at a flat rate of one hundred seventy five dollars
($175.13) per month (or pro rata share thereof) in addition to the Employee's Police Officer
step pay as outlined in the current Police Federation pay plan.
Section 6: Commencing. on January 1, 1995, an Employee who holds the rank of
Police Officer and is assigned by the Employer to P.O.P. (Problem Oriented Policing), crime
prevention, or as an Investigator/Agent trainee, shall be compensated at a rate of an
additional $75.00 per month or pro-rata share thereof.
20
Section 7: Commencing oh January 1, 1995, an Employee who holds the rank of
Police Officer and is assigned by the Employer to act as an F.T.O. (Field Training Officer),
shall be compensated at a rate of $1.00 per hour for all hours worked as an F.T.O., provided
however, that hours so worked which are less than four consecutive hours shall not qualify for
the additional compensation.
ARTICLE 26 -INVESTIGATOR/AGENT ON-CALL STATUS
Section 1: The Employer shall have the option of scheduling Investigator/Agents for
specific periods of "on-call" duty, to provide investigative coverage during the hours of the
day, or days of the week, when no Investigator/Agent is scheduled for a regular duty shift.
Such "on-call" duty assignments shall be equally distributed among all Investigator/Agents,
and be reflected on the official divisional schedule. In the event that the "on-call"
Investigator/Agent is called to duty, the hours worked shall be treated as the
Investigator/Agent's regular duty shift, or portion thereof.
Section 2: The provisions as set forth in Section 1 shall not preclude the practice of an
Investigator/Agent, for personal reasons, arranging for another Investigator/Agent to cover the
"on-call" duty assignment. However, such transfers or exchanges of "on-call" assignments
can be completed only with the prior approval of the Investigator/Agent's supervisor.
Section 3: Should the Employer elect to utilize the "on-call" option as set forth in
Section 1 of this Article, $125.00 additional compensation per week shall be added to the
base pay rate for the Investigator/Agents performing "on-call" duty, for the duration of such
an "on-call" duty period.
ARTICLE 27 -DRUG AND ALCOHOL TESTING POLICY
Section 1: The Employer and Union agree to the Employer's implementation of a
mandatory drug and alcohol testing program for all Employees represented by the Union as
specified in Addendum C.
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ARTICLE 28 -COMPLETE AGREEMENT AND WAIVER OF BARGAINING
Section 1: The. parties acknowledge that during the negotiations that resulted in this
Agreement, each had the- unlimited right and opportunity to make demands and proposals
with respect to any subject or matter not removed by law from the area of collective
bargaining and that the understandings and agreements arrived at by the parties after the
exercise of that right and the opportunity are set forth in this Agreement. Therefore, the
Employer and the Union for the life of this Agreement each voluntarily waive the right and
each agrees that the other shall not be obligated to bargain collectively with respect to any
subject or matter not specifically referred to or covered in this Agreement even though such
subject or matter may not have been within the knowledge or contemplation of either or both
of the parties at the time of negotiations or signing of this Agreement.
ARTICLE 29 -DURATION
Section 1: This Agreement shall be in force and effect from January 1, 1995 through
December 31, 1996 with regard to all terms and conditions contained herein.
Section 2: If either party desires changes in the provisions of Article 17, "Insurance" or
Article 25, "Salary Schedule for Police Officers and Investigator/Agents" for the period
beginning January 1, 1996, notification must be made to the other party by June 1, 1995.
Section 3: If either parry desires changes in the terms and conditions of this
Agreement for the period beginning January 1, 1997, notification must be made to the other
parry by June 1, 1996.
Section 4: In witness thereof, the undersigned have caused this Agreement to be
executed by their dated signatures.
FOR THE CITY OF RICHFIELD
City Manager
ate
ate
ate
22
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FOR THE RI IELD POLICE OFFICERS AND INVESTIGATOR/AGENTS
AFFILIA WITH 1eeCW'EN~RC~MENT LABOR SERVICES, INC., LOCAL 123
Pr si~ of Union
ate ~/~~J
t `'~~ L.E.L.S. Business A ent
~ 7, ~l~ g
23
I
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ADDENDUM A -POLICE OFFICERS AND INVESTIGATOR/AGENTS
CONTRACT BETWEEN THE CITY OF RICHFIELD AND
THE RICHFIELD POLICE OFFICERS INVESTIGATOR/AGENTS
AFFILIATED WITH LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL 123
SALARY SCHEDULE FOR POLICE OFFICERS & INVESTIGATOR/AGENTS
Section 1: The following is the pay schedule to be implemented by the Employer on
January 1, 1995 for Police Officers:
Normal Progression Through Steps
(1) (2) (3) (4) (5)
Starting After 1 yr. After 2 yrs. After 3 yrs. After 4 yrs.
Monthly Pay Rates
1 2 3 4 5
Police Officer $2,597.42 $2,810.02 $3,024.07 $3,236.67 $3,447.97
The following is the pay schedule to be implemented by the Employer on
June 1, 1995 for Police Officers:
Monthly Pay Rates
1 2 3 4 5
Police Officer $2,623.39 $2,838.12 $3,054.31 $3,269.04 $3,482.45
24
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Section 2: The following is the pay schedule to be implemented by the
Employer on January 1, 1995. for. Police Investigator/Agents:
Normal Progression Through Steps
(1) (2) (3) (4) (5)
Starting After 1 yr. After 2 yrs. After 3 yrs. After 4 yrs.
Monthly Pay Rates
1 2 3 4 5
Investigator/ $2,973.39 $3,134.10 $3,297.46 $3,470.24 $3,654.85
Agents
The following is the pay schedule to be implemented by the Employer on June 1, 1995
for Police Investigator/Agents:
Monthly Pay Rates
1 2 3 4 5
Investigator/ $3,003.12 $3,165.44 $3,330.43 $3,504.94 $3,691.40
Agents
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ADDENDUM B -POLICE OFFICER
CONTRACT BETWEEN THE CITY OF RICHFIELD AND
THE RICHFIELD POLICE OFFICERS AND INVESTIGATOR/AGENTS
AFFILIATED WITH LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL 123
INITIAL POLICE CLOTHING AND EQUIPMENT ISSUE
INITIAL CLOTHING ISSUE-
1 -Hat (dress)
1 -Hat (trooper, winter)
1 -Jacket (nylon, parka)
1 -Jacket (nylon, short)
1 -Jacket (nylon, summer}
1 -Jacket liner (nylon)
1 -Rain coat (yellow}
3 -Uniform dress shirts (long sleeve)
3 -Uniform dress shirts (short sleeve)
2 -Neckties
4 -Uniform trousers (mid-weight)
1 -Pair shoes (oxford or chucca)
6 -Pair uniform socks
INITIAL LEATHER GOODS ISSUE
1 -Gun belt
3 -Belt keepers
1 -Trouser belt
1 -Service weapon holster
1 -Handcuff case
1 -Key ring holder
1 -Ammunition holder
1 -Flashlight holder
1 -Nightstick holder
INITIAL EQUIPMENT ISSUE
1 -Uniform cap badge
1 -Uniform shirt badge
1 -Name plate
1 -Identification card
1 -Identification card case
1 -Nightstick
1 -Flashlight
1 -Whistle
1 -Pair Handcuffs
1 -Police service weapon
1 -Helmet (riot)
1 -Baton (riot)
1 -Departmental door key
1 -Manual (rules and regulations)
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ADDENDUM C -POLICE OFFICERS AND INVESTIGATOR/AGENTS
CONTRACT BETWEEN THE CITY OF RICHFIELD AND
LAW ENFORCEMENT LABOR SERVICES, INC.
FOR L.E.L.S. LOCAL 123
DRUG AND ALCOHOL TESTING POLICY
CITY OF RICHFIELD
DATE: July 27, 1992
SUBJECT: Drug and Alcohol Testing
Introduction
The purpose of this Personnel Policy is to implement Minnesota Statute 181, regulating drug
and alcohol testing of employees and job applicants.
Policy
All present employees and all job applicants are subject to drug and alcohol testing in
conjunction with the provisions of Minnesota Statutes, Sections 181.950-181.957, and the
following provisions:
1. Circumstances Under Which Testing May Occur.
Drug and alcohol testing may be requested and required:
- For all job applicants who have received a conditional offer of employment.
- Without notice if the City has a reasonable suspicion that a current employee:
a. Is under the influence of drugs or alcohol;
Under the Influence shall be determined to be present if the employee is
perceptibly impaired; has impaired alertness, coordination, reactions, responses
or effort; if the employee's condition threatens the safety of him/herself or
others; or if the employee's condition or behavior presents the appearance of
unprofessional or irresponsible conduct detrimental to the public's perception of
the City as an employer as determined by the Supervisor or Manager or others
observing the employee.
b. Has violated the City's written ordinances, rules, or policies related to drugs
and alcohol;
27
5"3S
c. Has sustained or caused another person to sustain a personal injury; or
d. Has caused a work related accident or was operating or helping to operate
machinery, equipment, or vehicles involved in a work related accident.
2. Random Testing and Testing Without Prior Notice.
Random testing without prior notice may be given to those employees who are
participating in either the Special Services Urnt, as described in Departmental Directive
264 or Special Investigations Unit, as described in Directive Number 140. Testing
without prior notice may be given to employees who have been referred by the employer
for chemical dependency treatment or evaluation or who are participating in a chemical
dependency treatment program under an employee benefit plan or have participated in
a chemical dependency treatment program in the prior two years.
3. Refusal to Submit to Testing.
If an employee refuses to submit to drug and alcohol testing carried out in conjunction
with this policy, the employee may be subject to discipline including, but not limited to,
discharge. An employee may request a hearing under a negotiated agreement if
permitted, or under the Richfield Code, 310.47 Subd. 2. If a job applicant refuses to
submit to drug and alcohol testing carried out in conjunction with this policy, the job
applicant may not be hired.
4. First Failure to Pass Drug and Alcohol Testing.
An employee who for the first time has a positive test result on a confirming test will not
be subject to discharge unless:
a. The City has given the employee an opportunity to participate in a drug or alcohol
counseling or rehabilitation program, and
b. The employee has refused to participate or has failed to successfully complete
the program within a reasonable time.
5. Failure to Pass Drug and Alcohol Testing Generally.
An employee who receives a positive test result, fails or refuses a confirmatory test and
does not request in writing a confirmatory retest within five working days after notice of
positive confirmatory test results, may be subject to discipline including, but not limited
to, discharge subject to provisions in this policy.. Such an employee may request a
hearing under a negotiated agreement if permitted or under the Richfield Code, Section
310.47 Subd. 2. A job applicant who receives a positive test result, fails or refuses a
confirmatory test, does not request in writing a confirmatory retest within five working
days after notice of positive confirmatory test results, may be refused employment and
will be notified of the reason for such refusal.
6. Rights of Employee or Job Applicant and Other Appeal Rights.
An employee or job applicant who receives a positive test result has the right to receive
a copy of the test and, within three working days of notice of the positive test result, to
submit information to the City to explain the result or may request in writing within five
working days of notice a confirmatory retest of the original- sample at the employee's or
job applicant's own expense.
28
7. Acknowledgment.
a. Employees will be given a copy of this policy at the time of implementation and will
indicate on a form that they have seen and been given a copy of the policy.
b. New employees will be given a copy of the policy at orientation.
c. Job applicants conditionally offered a position will receive a copy of this policy
before testing.
Procedures
1. The City of Richfield shall designate the licensed laboratory facility that shall conduct
such tests.
2. This policy shall be distributed to each employee. Each Department shall retain a copy
for employee review.
29
J`- :~
NOTICE OF DRUG OR ALCOHOL TEST RESULTS
EMPLOYEE NAME:
DATE RESULTS RECEIVED FROM TESTING COMPANY:
CHECK AS APPROPRIATE:
The result of your initial screening test was negative.
The result of your confirmatory test was negative.
The result of your confirmatory test was positive.
RIGHTS OF EMPLOYEE OR JOB APPLICANT If CONFIRMATORY TEST IS POSITIVE:
1. The employee or job applicant has the. right to request and receive from the
employer a copy of the test result report.
2. Within three working days after notice of a positive test result on a confirmatory
test, the employee or job applicant may submit information to the employer, in
addition to any submitted prior to the giving of a urine sample, to explain the test
result.
3. Within five days after notice of a positive confirmatory test, the employee or job
applicant may request a confirmatory re-test of the original sample at the
employee's or job applicant's expense. Within three days after receiving the
employee's or job applicant's re-test request, the employer shall notify the
testing agency of the employee's or job applicant's request. The employee or
job applicant may request a different testing agency licensed under Chapter
181. If the confirmatory re-test does not confirm the original positive test result,
no adverse personnel action based on the original confirmatory test may be
taken against the employee or job applicant.
I have received a copy of this completed document.
SIGNED:
DATED:
#4021-51
30
~~
DRUG AND ALCOHOL TESTING POLICY
I acknowledge receipt of Personnel Policy No. 34-89, Drug and Alcohol Testing.
I have read the Policy and have been able to ask my Supervisor questions about any
part of the Policy I do not understand.
EMPLOYEE NAME:
SIGNED:
DATED:
#4021-52
31
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 195
Agenda July 24, 1995
Issue Statement:
Public hearing and consideration of the approval of a housing plan and program for
Heritage Square, Crestwood and Hampton Place.
Background:
In completing the transactions with Sage Companies, the HRA will be assuming about
$6.4 million in debt when the three HUD insured mortgages are transferred to the HRA.
This is non-recourse debt to be amortized by the rental income (Publicorp has reviewed
income and expenses and the cash flow available for debt service is more than
adequate).
MN Statutes require that with the assumption of this debt, the City Council must hold a
public hearing on a housing plan and program (see attached) which indicates in general
how the apartments would meet the multi-housing needs of Richfield.
The 11 page document begins with a Table of Contents. Following the introduction,
part II, pages 1-8 is a summary of data. On page 9 the plan indicates that there has
been much focus on single family homes and that the Sage property provides an
opportunity to begin to focus on multi-family housing. Pages 10 and 11 discuss the'
Sage property. This section states that the HRA may refinance the existing debt at
some time in the future and the maximum dollars available would be $9.5 million.
These pages also state that a professional management company would manage the
apartments. Unit rental would be to the general market. Prior to the refinance of the
debt the possibility of converting some of the units to special occupancy by seniors for
example would be explored. Page 11 contains three General Provisions. Item number
two warrants comment. It will be the responsibility of the HRA to determine income
eligibility based on rents. However, under the statute noted and its application, income
limits .are at $61,000 for a family of four. (The HUD mortgage documents require that at
least 20% of the units be rented to tenants with incomes not in excess of $41,000.).
Recommended Motion:
Conduct the public hearing and approve the housing plan and program for Heritage
Square, Crestwood and Hampton Place.
Basis of Recommendation:
1. -State Statutes require that a housing plan and program be approved prior to the
assumption of debt by the HRA.
2. The HRA approved a purchase agreement with Sage on July 17.
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3. The Metropolitan Council has indicated that the plan and program is consistent
with their. policies (see attached letter).
Alternative Recommendation:
1. Refuse to approve the document.
2. Modify the document
Discussion/Decision Mode:
A decision at the July 24 meeting would facilitate the closing process for the HRA.
Respectfully submitted,
James Prosser
Cify M ger
JDP:ds
~-a-
RESOLUTION NO.
RESOLUTION AUTHORIZING ADOPTING A HOUSING PLAN AND FINANCING
PROGRAM FOR THE ACQUISITION OF CERTAIN MULTI-FAMILY HOUSING
FACILITIES
WHEREAS, the City has prepared a housing plan (the "Plan") in accordance with
Chapter 462C; and
WHEREAS, the City has prepared a financing program (the "Program") providing
for assistance in the financing for non-profit entities of the acquisition of 422 multi-family
rental units; and
WHEREAS, the City Council of the City of Richfield has on this date held a
public hearing on the Plan and Program after. publications of notice and after
submission of the Plan and Program to the Regional Development Commission; and
WHEREAS, Minnesota Statutes require that the City adopt a Plan and Program
pursuant to Chapter 462C prior to the issuance of certain obligations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield as follows:
1. The Plan and Program (attached as Exhibit A) are hereby in all respects
adopted.
2. The staff and consultants of the City are authorized to do all things and take
actions as may be necessary or appropriate to carry out the Plan and Program in
accordance with the applicable State Statutes and any other applicable regulations.
Adopted by the City Council of the City of Richfield, Minnesota 24th day of
July,1995.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
Exhibit A ~ / f~
462C HOUSING PLAN
AND MULTI-FAMILY HOUSING PROGRAMS
CITY OF RICHFIELD
RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY
Apri1,1995
L~,~
TABLE OF CONTENTS
I. Introduction
1
II. Data Summary and Analysis 2
A. Population and Households 2
B. Employment Statistics 2
C. Age Distribution and Income of Residents 4
D. Number and Type of Dwelling Units 5
E. Tenure of Housing Stock 5
F. Single-Family Housing Costs and Market 7
G. Multi-Family Rental Ranges and Market 8
III. Housing Needs, Housing Policy Plan and Target Areas 9
IV. Multi-Family Housing Programs and Financial Tools 10
A. Apartment Acquisitions 10
B. General Provisions 10
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I. INTRODUCTION
The City of Richfield is a fast ring suburb on the southern edge of the City of Minneapolis and the western
edge of the Minneapolis-St. Paul International Airport. The vast majority of the housing stock in the City
consists of single-family ramblers built in the 1940s and 1950s and one and two bedroom apartments
constructed in the 1960s -and 1970s.
However, the market for housing, the population, and the physical characteristics of the City of Richfield
have changed significantly in the past 10 years. The amenities sought by homebuyers and renters,
particularly young families, include amenities which are not widely available in the majority of housing in
the City. Larger three and four bedroom homes, updates in design and function, and low maintenance
finishes are also in demand.
The choice of housing and the general trends in the age distribution of the City have resulted in a decrease
in population of the City of over 20 percent during the past 20 years. The aging of the population in the City
has also resulted in an increased demand for a full range of senior housing opportunities. At the same time,
the population has become more diverse in economic and social characteristics resulting in an increased need
for diverse housing.
In addition, land use changes aze decreasing the housing supply. The City's New Ford Town Area and Rich
Acres, which are adjacent to Minneapolis-St. Paul International Airport, have been designated for a federally
funded buyout program. The approximately 420 housing units aze scheduled to be purchased and removed
within the next three years. The construction of the new 77th Street frontage comdor and the adjacent retail
development in the ILN Tax Increment District have or will result in the loss of 61 units of single family
homes and 74 apartment units.
In response, the City and the Housing and Redevelopment Authority (HRA) have initiated a number of
programs to encourage diversification of the housing stock. The details of these efforts aze included in these
documents.
This Housing Plan and Multifamily Housing Program, undertaken pursuant to Minnesota Statutes, Chapter
462C, as amended (the "Act"), provides data and data analysis of the City's population and housing
conditions; sets forth the housing goals and policies which guide the decision making process; and identifies
programs and efforts the Richfield HRA will pursue to conserve, preserve, enhance and expand the City's
residential environment.
The City and HRA adopted a Housing Program on December 29, 1983, intended primarily for the allocation
ofsingle-family mortgage revenue bonds. This Housing Plan and Program will concentrate upon the multi-
family needs in the community.
II. DATA SUMMARY AND ANALYSIS
A. Population and Households
The City of Richfield is located entirely in Hennepin County in the Twin Cities metropolitan area. It is
located immediately adjacent to Minneapolis' southern border. Richfield became a village in 1908 and a city
in 1964. The City covers 7.1 squaze miles and had a 1993 estimated population of 35,538.
y_e
Table I
Richfield Population and Households
Population
Households
Source:
1970 1980 1990. 2000 2010
47,231 37,851 35,710 36,500 38,100
15,252 15,607 16,000 16,200
Bureau of Census, U.S. Census of Population and Housing, 1970, 1980, 8 1990 and the Metropolitan Council.
B. EmQlovment Statistics
The City of Richfield is predominantly a residential community. The commercial/industrial
tax base primarily consists of retail development.
Table II
Estimate of Ten of the City's Largest Taxpayers for 1993/94
TaxoaYer
Business
NamelTvoe
Tax
Ca a i Tax Capacity as
Percent of City's
Net Tax Caoacitv'
Property
Classification
Bradley Real Estate Trust Hub Shopping $568,350 2.7% Commercial
Northwest Unit Investment Co. Century Courts 431,897 2.0% Apartment
Market Plaza Market Plaza 416,150 2.0% Comm./Apts.
CDP Inc. CDP 244,178 1.1% Carnn~iouse
Carlson Real Estate Co. Richfield Shoppes 235,990 1.1 % Commercial
Richfield State Agency Inc. Richfield Bank 205,092 1.0% Commercial
Sage Corporation Apartments 192,960 0.9% Apartments
Naegele Outdoor
Advertising Co. Naegele Signs 175,040 0.8% Commercial
Rop Investment Co. Apartments 170,000 0.8% Apartment
Steven Operating Inc. Fountain Head Apts. 140,658 0.7% Apartment
4-~
Table III shows major employers in Richfield with the total number of employees as of
March 1993. Total employees include full- and part-time workers and average number of
seasonal employees.
Table III
Richfield Major Employers
March 1993
Employers Indust Total Emolovees
Copy Duplicating Products Office Supplies 350
Richfield Bank 8~ Trust Banking 206
Lunds Grocery 150
KMart Retail 150
Wally McCarthy Oldsmobile Auto Dealer 90
Watzer Buick Auto Dealer 90
Metro Sales Copies Supplies 75
Lyndale Hardware Hardware 75
Naegele Advertising Advertising Agency 70
Lyndale Garden Lawncare Products 70
Walgreens Retail 60
Drug Emporium Retail 44
Richfield Mitsubishi Auto Dealer 38
Source: MN Department of Trade and Economic Development, Community Profile, March 1993
Table IV
Hennepin County Employment by Industry
December 1980
Agriculture, Forestry & Fishing
Mining
Construction
Manufacturing
Transportation 8 Public Utilities'
Trade
December 1990
1,458
289
22,536
122,430
35,104
163,550
2,479
63
23,016
121,508
47,192
188,173
F.I.R.E.2 47,651 64,396
Services 144,309 212,684
Government 71.747 81.228
TOTAL 609,363 740,739
Source: MN Department of Jobs & Training, Minnesota Employment & Wages by County, Fourth quarter, 1980 and MN
Department of Jobs & Training, Minnesota Employment ~ Wages by Region and County, Fourth Quarter, 1990
In 1980, category was called Transportation, Communication 8 Public Utilities.
Finance, Insurance and Real Estate
3
y-8
C. Ag_e Distribution and Income of Residents
Richfield, like other communities across the country, is finding that senior citizens are the
fastest growing segment of its population. In fact, persons over 65 years old increased in
numbers by 2,053 from 1980 to 1990, an increase of over 52 percent. The sheer numerical
increases in this housing market points to a sign cant need to offer new types of housing
for citizens with a wide array of incomes and needs for services. Secondarily, the "baby-
boomers" or persons from 25 to 44 years old were the other sector of population to
increase its share from 1980 to 1990.
Table V
Richfield Area Age Distribution
1980 & 1990
Age Age Age Age Age
Total Population 18 & Under 19-24 2514 45-64 65 8 Over
1980 1990 1980 1990 1980 1990 1980 1990 1980 1990 1980 1990
Number 37,851 35,710 9,027 7,261 4,963 3,219 10,614 14,421 9,281 6,790 3,968 6,019
Percent 100% 100% 23.85% 20.33% 13.11% 9.01% 28.04°k 34.78°h 24.52°k 19.01% 10.48% 16.865
Source: Bureau of the Census, U.S. Census of Population and Housing, 1980 8; 1990.
Household and family incomes in the Richfield area have shown steady increases and
diversification over the past decade. Again, these data point to a need to diversify the
housing options for the community.
Less
Than
Median
1$ 0.000
Income
Number
Percent
Number
Percent
Source:
2,988
19.59%
Table VI
Richfield Area Household Income
1979 and 1989
1979
$10,000- $20,000- $25,000- $35,000-
19 999 24 9 9 $34.999 349.999
4,457 2,113 3,234 1,858
29.22% 13.85% 21.20% 12.18°k
1989
Greater
Than
55 0.000
602 $20,424
3.95°~
Less Greater
Than $10,000- $20,000- $25,000- $35,000- Than
Median
10 000 1~ s.9ss 2S 4.999 534.999 549.999 550.000
Income
1,218 2,754 1,678 2,816 3,674 3,467 $32,405
7.80% 17.65°k 10.75% 18.04°i6 23.54°k 22.21%
Bureau of the Census, U.S. Census of Population and Housing, 1980 & 1990.
4
4-q
D. Number and Tyae of Dwelling Units
Richfield is a city with primarily owner occupied housing units. The traditional style of the
housing stock is evidenced by the relatively-small number of townhouse and duplex units.
Table VII
Dwelling Units
1990
Percent
Dwelling Tvoe of Total Numbers
Single Family Detached 10,329 64.18%
Townhouse 324 2.01
Duplex 195 1.21
Other Multifamily 5,082 31.58%
Mobile Home 69 0.43%
Other 95 0.59%
TOTAL 16,094 100.00%
Source: 1990 U.S. Census
E. Tenure of Housing Stock
The age of the housing units varies widely in Richfield. However, over 82 percent of the
owner-occupied housing was built between 1940 and 1959 and almost 75 percent of all
rental housing units were built before 1970.
Table VIII
Richfield Area Age of Occupied Housing Units
(Percent of Total Occupied Structures Owned and Rented)
1990
Units Prior to 1940
Owned Rented Owned Rented
Number
10,406 5,145 602 75
Percent
100.00% 100.00% 5.79% 1.46°k
Year Buift
1940-1949 1950-1959 1960-1969 1970-1990
Owned Rented Owned Rented Owned Rented Owned R nt
2,961 361 5,671 1,180 565 2,154 607 1,375
28.45°h 7.02% 54.50% 22.93°k 5.43°k 41.87°h 5.83% 26.72°k
Source: Bureau of the Census, U.S. Census of Population and Housing, 1980 8:1990.
In addition, people who own older homes have lived in them for most of their lives. An
amazing two-thirds of people over 75 years of age in Richfield live in their own home as
shown in Table IX. It is also an indication that seniors may want to remain in the
community but have few options from which to choose.
~-ro
Table IX
Richfield Area Tenure
By Age of Householder
1990
~? No. Pct.
15-24 Own 103- 0.99%
Rent 808 15.70%
Total 911 5.86%
25-34 Own 1,850 17.78%
Rent 1,832 35.61%
Total 3,682. 23.68%
35-44 Own 2,009 19.31%
Rent 948 18.43%
Total 2,957 19.01
45-54 Own 1,570 15.09%
Rent 396 7.70%
Total 1, 966 12.64%
55-64 Own 1,650 15.86%
Rent 348 6.76%
Total 2,455 12.85%
65-74 Own 2,146 20.62%
Rent 309 6.01
Total 2,455 15.79%
75+ Own 1,078 10.36%
Rent 504 9.80%
Total 1,582 10.17%
Total Own 10,406 100.00%
Rent 5,145 100.00%
Total 15,551 100.00%
Source: Bureau of the Census, U.S. Census of Population and Housing, 1990.
s
y-~I
F Single-Family Housing Costs and Market
Richfield has a rather narrow variety of housing, from 1950s ramblers to split-level designs
of the 1960s and 1970s. The vast majority of the housing stock has been well-maintained
and pride of ownership is evident. The Richfield School District has an excellent reputation
and Richfield is perceived as a very desirable community in which to live. Housing is
affordable, with average home values between $80,000 and $90,000. However, homes
in this price range are in extremely short supply, as are homes in the $100,000 to $120,000
price range. Although housing is affordable, buyers cannot find a home to buy. In
addition, the lack of available alternatives for other market segments (particularly empty-
nesters and seniors) has resulted in persons remaining in their homes longer than
necessary. If these people had been able to move, their homes could have been
purchased by other households.
The Richfield Rediscovered Program, in which substandard residential properties are razed
and replaced with new homes with generally two to three times the market value, continues
to be very successful. In the past two and a half years over 30 homes were constructed
under this and ancillary programs and ten to twelve are anticipated during 1994.
The following are the key factors at work in the for-sale market:
- Substantial shortage of resale homes in all price ranges due to recent strong sales
activity, and older homeowners not selling. Local real estate agents have buyers who
are looking to buy.
- Much of the reason for the lack of available homes for sale is tied directly to the number
of senior citizens who continue to reside in their own homes.
- Homes in Richfield are generally well-maintained and in good condition.
- Greatest demand is for homes priced between $70,000 and $80,000 and homes priced
between $100,000 and $120,000.
Table X
Richfield Home Sales
1988 through 1993
Period Number
of Sales of Sales
January 1987 -September 1988 790
January 1988 -September 1989 -668
January 1989 -September 1990 710
January 1990 -September 1991 679
January 1991 -September 1992 732
January 1992 -September 1993 864
Total Price Average Price
of Sales of Home
$62,994,171 579,739
54,166,086 81,087
58,467,654 82,349
56,346,840 82,985
61,533,834 84,063
73,316,233 84,857
Source: MN Department of Revenue. Sale price does not inGude personal property. These figures may not include all new
construction.
7
~1-I a-
G. Multi-Family Rental Ranges and Market
Most of the rental housing in Richfield was built in the 1960s and 1970s. There were two
rental projects built in Richfield during the 1980s and none during the 1990s totalling
approximately 180 units. Other than these projects, there has been no other new rental
housing built in Richfield since 1980.
Most of the rental product is older (1960s and 1970s vintage) and lacks features and
amenities desired by today's renters. Market rate rents in Richfield are affordable with one-
bedroom unit rents ranging from $400 per- month to $475 per month in a larger rental
complex built during the 1970s. Two-bedroom unit rents range from $500 per month to
$625 per month. According to our survey of rental apartments in the community, the
average vacancy rate overall is two to three percent, less than the 5 percent level
considered acceptable to meet consumer choice and pride for adequate turnover.
Seniors now five in general occupancy market rate rental or subsidized rental housing or
in their own homes. According to the 1990 Census, 80 percent of all Richfield senior
households (65+) own their housing. Although most seniors choose to remain in their
single-family homes, a growing number of active, independent seniors are choosing to sell
their homes and downsize either to a smaller, owned home or to rental housing. The high
percentage of seniors who still own in the study area reflects the limited number of housing
alternatives available to this group.
The following key factors summarize the rental housing market situation in Richfield:
- Less than 200 new general occupancy rental housing has been built in Richfield over
the past 20 years:
- Existing market rate rental housing is dated, and most properties do not offer newer
features and amenities desired by today's renters;
Shortage of market rate housing for several senior market segments;
8
~{-~ 3
III. HOUSING NEEDS. HOUSING POLICY PLAN AND TARGET AREAS
Table XI
Project Housing Needs
Housing Needs Number of Units
Single Family 165
Market Rate Rental
General Occupancy 420
Senior
Total New Units 785
An analysis of the data clearly indicates that there is a need for additional single-family and
multi-family housing development in the City of Richfield. Single-family needs appear to
lie in a wide range from moderate to higher costs. HRA has also found that moderately
priced homes could be made available by increasing the opportunities for senior citizens
and general occupancy to move out of single-family homes and occupy a wider range of
rental housing options. Because the private market has not independently provided rental
housing in sufficient numbers to meet the needs of the citizens, HRA has found that public
intervention is necessary to provide safe and decent housing and to offer housing
opportunities for all citizens, particularly low and moderate income citizens.
Therefore, the HRA and the City of Richfield have embarked upon a process which will
target particular segments of the population. These housing opportunities already include
a comprehensive focus .upon upgrading the existing stock of single-family homes through
the Richfield Rediscovered Program and various home improvement informational
sessions.
The next step for the HRA and City will be a focus upon multi-family developments, both
existing and new construction. The development of multi family housing in the community
is expected to the one of the most efficient means to increasing available housing units,
increasing employment, and improving the health and welfare of its residents while
maintaining the lowest cost and least risk to the taxpayers of the City.
Administration of all HRA programs will be handled by the Executive Director in concert
with City staff and community organizations. All housing assisted by HRA will be
professionally and independently managed and will be subject to HRA review on a annual
or bi-annual basis.
9
y-i~
IV. MULTI-FAMILY HOUSING PROGRAMS AND FINANCIAL TOOLS
A. Crestwood, Heritage Square East and Hampton Place Apartments
The HRA has been approached by the owners of the Crestwood Apartments (51 units),
Heritage Square East Apartments (150 units) and the Hampton Place Apartments (221
units) regarding the possibility of the HRA assuming the ownership and existing debt of the
422 apartment units (the "Apartments"). The existing debt, non-recourse financing insured
by the Federal Housing Administration, on the Apartments totals approximately $6,466,000
or approximately $15,300 per unit. Because the debt is non-recourse, neither the general
obligation nor other revenues of the City are required to provide security for the debt at this
time. The transaction is expected to occur by March 31, 1995. Any closing costs will be
paid for with city equity. The assumption of the existing debt by the HRA will constitute a
housing development project and taxable essential function debt pursuant to Minnesota
Statutes, Section 469.017 and 469.0171.
The HRA and the City reasonably anticipate that the HRA will refund the taxable existing
debt and issue tax-exempt essential function debt undertaken as a housing development
project under Minnesota Statutes, Sections 469.017 and 469.0171. The maximum sources
and uses for the project are as follows:
Sources Uses
Revenue $9,450,000 Existing Debt $6,400,000
HRA Equity 50,000 Construction 2,200,000
Reserve 500,000
Arch. & Eng. 50,000
Other Fees 350.000
TOTAL $9,500,000 $9,500,000
The HRA does not anticipate the need for application of the state ceiling for private activity
bonds with respect to the housing bonds.
The HRA plans to contract with private management companies for the marketing and daily
administration of the units. The HRA's intent is to market the units to a broad spectrum of
rental residents including single-parent households and handicapped persons. The
management firm hired by the HRA will be expected to have a staff person familiar with the
metropolitan region's social service programs and will be expected to refer apartment
residents with special short and long term needs to the appropriate agencies.
Prior to the refinance of the taxable debt, the HRA is planning to evaluate the feasibility of
converting Crestwood or Heritage Square into a senior housing facility. The conversion
of the units would include substantial capital improvements including amenities needed and
desired by senior residents including common areas for health care providers, meals, and
recreation, housekeeping services, transportation to retail facilities, and handicapped
apartment units.
10
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/~
B. General Provisions
The following standards and requirements shall apply with respect to the operation of each
Program described in this Section IV:
1. The HRA will not arbitrarily reject an application from a
proposed tenant because of race, color, creed, religion,
national origin, sex, marital status, sexual orientation, or status
with regard to public assistance or disability.
2. All of the housing units in each Program will be occupied or
held for occupancy by low and moderate income persons or
families, as determined by the Authority pursuant to Minnesota
Statutes, Section 469.012, subd. 1(8).
3. The HRA shall not amend any Program under this Section IV
while Bonds authorized hereby are outstanding, to the
detriment of the holders of such Bonds.
11
Metropolitan Council
-i~
Working for the Region, Punning for the F~.ltwe
April 7, 1995
Mazk Ruff
Publicorp Inc.
2950 Norwest Center
90 South Seventh Street
Minneapolis, MN 55402-4100
RE: Housing Bond Plan and Program -City of Richfield
Metropolitan Council Referral Fle #16105-1
Dear Mark:
We have reviewed Richfield's Housing Plan and Program and find it consistent with Metropolitan
Council plans and policies.
The data summary prepazed was very thorough in reviewing both the current housing available in
the city as well as anticipated needs of e~sting and future residents. The data provided supports
the housing needs identified. Council staff supports the programs proposed by the .city and the
HRA to encourage diversification of the housing stock.
We appreciate the city's effort in preparing this Housing Plan and its willingness to use e~dsting
housing programs to carry it out.
If you have any questions, please call me at 291-6380.
Sincerely,
~~
Audre~~ugheit~, Planner
Office of Local Assistance
cc: Katherine Hadley, Commissioner
Minnesota Housing Finance Agency
Bruce Palmborg, Richfield HRA )/
230 East FiRh Street St. Paul. Minnesota 55101-1634 (612) 291-6359 Fax 291-6550 TDD/'I1Y 291-0904 Metro Info Ilne 229-3780
An Faun! Opponunitu Employer
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 194
Agenda July 24, 1995
Issue Statement:
Consideration of an application for renewal of a commercial kennel license for
Woodlake Veterinary Hospital, 6436 Lyndale Avenue.
Background:
On June 28, 1995 Woodlake Veterinary Hospital submitted an application for the
renewal of their commercial kennel license.
On July 11, 1995 an inspection of the property was conducted by a Community Service
Officer. There were no apparent problems found at that time.
Recommended Motion:
Staff recommends that the application for renewal of a commercial kennel license be
approved.
Basis of Recommendation:
1. The applicant has complied with the City codes pertaining to a commercial kennel
license..
2. The City has previously issued a kennel license to Woodlake Veterinary Hospital.
Alternative Recommendation:
1. The Council could decide to deny the request for a commercial kennel license;
however, the Public Safety Department has not found any basis for a denial.
Discussion/Decision Mode:
Recommend approval of an application for renewal of a commercial kennel license for
Woodlake Veterinary Hospital, 6436 Lyndale Avenue.
Respectfully submitted,
James D. osser
City Man er
JDP:ds
~~
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 193
Agenda July 24, 1995
Issue Statement:
Consideration of an application for renewal of a commercial kennel license .for Airport
Pet Hospital, 6301 Cedar Avenue.
Background:
On June 21, 1.995 Airport Pet Hospital submitted an application for the renewal of their
commercial kennel license.
On July 10, 1995 an inspection of the property was conducted by a Community Service
Officer. There were no apparent problems found at that time.
Recommended Motion:
Staff recommends that the application for renwal of a commercial kennel license be
approved.
Basis of Recommendation:
1. The applicant has complied with the City codes pertaining to a commercial kennel
license.
2. The City has previously issued a kennel license to Airport Pet Hospital
Alternative. Recommendation:
1. The Council could decide to deny the request for a commercial kennel license.
However the Public Safety Department has not found any basis for a denial.
Discussion/Decision Mode:
Recommendation to approve the application for renewal of a commercial kennel license
for Airport Pet Hospital, 6301 Cedar Avenue, is presented for Council consideration at
this time.
Respectful) submitted,
Jame Prosser
City Manager
JDP:ds
~F
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 192
Agenda July 24, 1995
Issue Statement:
Consideration of an application for renewal of a commercial kennel license for Animal
Care Clinic, 6521 Cedar Avenue.
Background:
On June 22, 1995 Animal Care. Clinic submitted an application for the renewal of their
commercial kennel license.
On July 10, 1995 an inspection of the property was conducted by a Community Service
Officer. There were no apparent problems found at that time.
Recommended Motion:
Staff recommends that the application for renewal of a commercial kennel license be
approved.
Basis of Recommendation:
1. The applicant has complied with the City codes pertaining to a commercial kennel
license.
2. The City has previously issued a kennel license to Animal Care Clinic.
Alternative Recommendation:
1. The Council could decide to deny the request for a commercial kennel license;
however, the Public Safety Department has not found any basis for a denial.
Discussion/Decision Mode:
Recommendation to approve the application for renewal of a commercial kennel license
for Animal Care Clinic, 6521 Cedar Avenue.
Respectful) ubmitted,
James D. rosser
City Manager
JDP:ds
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 191
Agenda July 24, 1995
Issue Statement:
Purchase of a small garbage compactor truck for use by the Park Maintenance Division.
Background:
At the present time, trash in the parks is picked up by hand from bag-lined 50-gallon
barrels, put into a pickup truck, hauled to the Central Garage and unloaded into a 16-yard
dumpster. This operation requires two employees and a pickup full time during the spring-
through-fall heavy park usage months. The dumpster at the Garage is picked up daily by
the contracted trash hauler and occasionally staff needs to call for extra pickups.
Staff proposes to purchase a small garbage compactor truck to use for this chore. The
adopted 1995 budget does not show this purchase. However, because of staff salary
savings there will be sufficient funding available to include the purchase of this equipment
in the revised 1995 budget. Staff is asking Council approval to advertise for this item at
this time. The unit can be operated by one person instead of two, would reduce the
volume of material handled and will reduce potential for employee injuries. Staff has
spoken with several other cities who already have one of these vehicles in use and report
the vehicle is a money saver. Estimated cost for this item is $40,000. It is expected that
purchase of the vehicle will minimally save an estimated $6,300 annually in efficiencies.
These efficiencies include time and service of trash pickup, increased attention to other
work demands and reduction of safety risks.
Recommended Motion:
Authorize advertisement for bids for a small garbage compactor truck.
Basis of Recommendation:
1. The truck would be a money and time saver for the Park Maintenance Division.
2. It will reduce personnel time plus provide a pickup truck to perform other tasks.
3. Monies have become available for this purchase in the 1995 Revised Park
Maintenance budget.
Alternative Recommendation:
Council could choose to have staff wait until budget year 1996 for this purchase.
Discussion/Decision Mode:
Staff is requesting approval to advertise at the July 24, 1995 Council meeting.
Respectfu submitted,
James Prosser
City Manager
JDP:cak
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 190
Agenda July 24, 1995
Issue Statement:
Request by Church of the Assumption, 305 East 77th Street, for an on-sale, non-
intoxicating malt liquor license, itinerant place of amusement license and an itinerant
food license for the 1995 Fun Fest to be held August 12 and 13, 1995.
Background:
On July 3, 1995, Church of the Assumption submitted a request for a temporary license
to serve non-intoxicating malt liquor (3.2 beer), an itinerant place of amusement and an
itinerant food license for August 12 and 13, 1995. They are requesting that any fee be
waived.
Recommended Motion:
Approve the on-sale, non-intoxicating malt liquor license, itinerant place of amusement
license and an itinerant food license, fee waived, for August 12 and 13, 1995 for the
Church. of the Assumption's 1995 Fun Fest.
Basis of Recommendation:
1. The applicant has complied with the City codes pertaining to these licenses.
2. The applicant will supply liquor liability insurance coverage as soon as possible.
3. The City has previously issued these licenses in conjunction with the Assumption
Fun Fest.
Alternative Recommendation:
1. The Council could decide to deny the request. The Public Safety Department has
not found any basis for a denial. In addition, the Council has previously granted
these licenses in conjunction with the Assumption Fun Fest.
Discussion/Decision Mode:
The request for these licenses has been placed on the consent calendar for July 24,
1995.
Respectfully submitted,
James rosser
City Manager
JDP:ds
~~
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 189
Agenda July 24, 1995
Issue Statement:
Request by Oak Grove Lutheran Church, 7045 Lyndale Avenue, for an itinerant place
of amusement license for a Block Party to be held August 5 and 6, 1995.
Background:
In July, Oak Grove Lutheran Church submitted a request for an itinerant place of
amusement license for August 5 and 6, 1995. They are requesting that the fee be
waived.
Recommended Motion:
Approve the license fee waived for August 5 and 6, 1995 for Oak Grove Lutheran
Church, 7045 Lyndale Avenue.
Basis of Recommendation:
1. The applicant has complied with the City codes pertaining to this license.
Alternative Recommendation:
1. The Council could decide to deny the request; however, the Public Safety
Department -has not found any basis for a denial.
Discussion/Decision Mode:
The request for this license has been placed on the consent calendar for July 24, 1995.
Respectfully submitted,
James .Prosser
City Ma ager
JDP:ds
~~
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 1s8
Agenda July 24, 1995
Issue Statement:
Request for an amended off-street parking permit to allow a common entrance to 77th
Street from the parking lots at 1420 and 1500 East 78th Street.
Background:
A.G. Bogen Company is proposing to add an access to 77th Street from the parking lots at
1420 and 1500 East 78th Street (The Ground Round and PC Express). The adjacent
businesses will share the common entrance to 77th Street. The change will result in no
loss of parking. The fence on the north side of the property will be removed and replaced
with landscaping. The use of the properties will not change, but the change to the parking
lots requires City approval of the off-street parking plan.
Recommended Motion:
Approve the request for an amended off-street parking permit to allow an access to 77th
Street from the existing parking lots with the following stipulations:
1. That a landscape escrow be submitted.
2. That on-site ponding or payment in lieu be provided, as approved by the City Engineer.
Basis of Recommendation:
1. The additional entrance will provide access to the businesses from 77th Street.
2. The landscaping plan has been approved by staff.
3. Installation of the sound barrier wall along 77th Street eliminates the need for a fence
along the north side of the parking lot. Landscaping is the preferred means of
screening the parking lot given the existence of the. barrier wall.
4. No parking spaces will be lost.
Alternative Recommendation:
The Council may deny the off-street parking permit with a finding that the proposal would
have an adverse impact on adjacent properties.
Discussion/Decision Mode:
Consideration of this item is scheduled on the consent calendar for the July 24, 1995 City
Council meeting.
Respe submitted,
James rosser
City Manager
JDP:ds
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 1s~
Agenda July 24, 1995
Issue Statement:
Consideration of 1996 maintenance assessments for the 77th Street Project Area,
proposed to be City Project 911.
Background:
The following is a chronology of events to date relating to the 77th Street Project Area
maintenance special assessment:
Resolution No. 7405, adopted in 1988, established a policy for assessing the costs.
The Council resolution set up a special assessment district for the
Interstate/Lyndale/Nicollet (ILN) project. area, an approximate two block area. The
district included properties east of Lyndale and south of 77th Street, and the
properties were assessed for current services required to maintain special
landscape features and other public amenities on or adjacent to the right-of-way.
• On June 12, 1994, the City Council took action to support the continuance of
specially assessing a redefined ILN/expanded 77th Street Project Area for the
period of January 1, 1995 through December 31, 1995.
Discussion was held at the December 5, 1994 Council Study Session. As directed
by Council, staff presented a redefined project area and estimated cost of current
maintenance services to be provided to the redefined project area in 1995 for
Council consideration. The expanded area was bounded by I-35W, 77th Street, 1-
494 and Portland Avenue. It was proposed commercial properly owners and
multiple dwelling unit owners would be assessed on aper-square-foot basis under
the proposed plan. However, all single family and two family residential properties,
plus the two churches in the area, would be exempt from the special assessment
levy based on the rationale that generally there are negative impacts from
businesses located close to residential properties, and the landscaping buffer
insulates the residential property from these negative impacts generated by the
businesses.
On February 13, 1995, the Council tabled consideration to expand boundaries of the
redefined ILN/77th Street Assessment Project Area and order the undertaking of
current maintenance service projects to the March 27, 1995 City Council meeting.
On March 27, 1995, the Council further discussed maintenance of the 77th Street
Improvements, suggested an Open House forum and took action to adopt
Resolution No. 8238 expanding the boundaries of the 77th Street Project Area
maintenance assessment district to an area approximately bounded by I-35W, 77th
Street, I-494 and Portland Avenue for the 1995 assessment.
~~~~
Since the adoption of the resolution for the 1995 maintenance special assessment,
construction has continued along 77th Street to Cedar Avenue, a total project area of
approximately 37 blocks. More landscaped areas will become the partial maintenance
responsibility of the City in 1996. The additional maintenance costs will need to be
spread over an enlarged assessment district to include properties benefiting from the
new improvements. Some of these services include:
1. Landscape maintenance of common properties including, among other things,
tree trimming, mowing, fertilizing and edging.
2. Irrigation maintenance.
3. General maintenance including repair and replacement of lights, signs, curbs
and plantings.
These items are extra services provided directly to the 77th Street Project Area, and do
not include services provided to the entire City. Most of the routine maintenance
(mowing, weeding, litter cleanup) has been and will continue to be contracted, leaving
City crews to perform repairs on irrigation, lights and signs. Estimated costs for the
ILN/77th Street maintenance services from 1988 - 1996 were:
Year Estimate A ual
1988 $7,001.47
1989 $7,254 $6,135.54
1990 $7,514 $7,762.52
1991 $7,780 $8,855.46
1992 $8,894 $7,031.70
1993 $9,200 $3,614.94
1994 -0
1995 $18,000##
1996 $18,000##
* The $0 estimate was provided to the Council in a December 28, 1993 memorandum. .
## There is a two-year guarantee on irrigation and landscape materials which will keep
this amount at a reduced level for a period of time. After construction is completed and
warrantees are expired, future estimated costs are $72,000.
On July 11, 1995, the Community Services Commission hosted an Open House from
5:30 p.m. to 7:00 p.m. in the Council Chambers at City Hall. Council Memorandum No.
75 outlined the public notification of the Open House. After the Open House, the
Community Services Commission held their regular meeting, and made the following
recommendation for Council consideration for the 1996 77th Street maintenance
assessment:
~~~~
• No general fund monies should be expended for the additional maintenance costs
arising from the 77th Street Project Area; and
Costs to maintain the expanded 1996 assessment district should be assessed to
both commercial properties and multiple-family dwellings in the district; and
• Multiple-family dwellings should be assessed 25% of the rate and commercial
properties should be assessed 75% of the rate for maintenance of the 77th Street
Project Area.
Attached is a summary of four scenarios which are examples of methods to assess
maintenance costs for the 77th Street improvements. Scenarios 1, 3 and 4 were
discussed with people attending the Open House. Scenario 1 would spread costs
equally per square foot to multiple family dwellings and commercial properties.
Scenario 3 would have the City's general fund pay a one third of the assessment.
Scenario 4 would assess the entire cost of maintaining the 77th Street improvements to
commercial properties on a square foot basis. Scenario 2 represents the Community
Services Commission recommendation:
The Community Services Commission also recommended that the Lyndale/Hub/Nicollet
(LHN) assessment district be reviewed by Council for possible inclusion of multiple-
-- family dwellings in that assessment district with a similar cost sharing with commercial
businesses as outlined above in the Commission .recommendation for 77th Street
Project Area maintenance assessment.
Recommended Motion:
Adopt the attached resolution proposing to expand the boundaries of the 77th Street
Project Area to Cedar Avenue, and specially assess for the costs of current services
provided within the 77th Street Project Area for the period of January 1, 1996 through
December 31, 1996, and to set the public-hearing date for Monday, August 28, 1995.
Basis of Recommendation:
1. Resolution No. 7405, adopted in 1988, established a policy for assessing the costs.
2. This policy allows staff to continue to provide excellent service to the 77th Street
Project Area.
3. In keeping with the resolution establishing the 1995 expanded boundaries of the
redefined ILN/77th Street Assessment Project Area and ordering the undertaking of
current maintenance service projects, the attached resolution indicates commercial
property owners and multiple dwelling unit owners will be assessed on a per-square-
foot basis; however, all single family and two family residential properties, plus the
two churches in the area, would be exempt from the special assessment levy.
3R~3
Alternative Recommendation:
1. Council may choose to establish a set rate and limit the maintenance performed to
that dollar amount; however, staff believes the redevelopment area would suffer if
limited maintenance was performed.
2. Council may choose to reject the recommendation of the Community Services
Commission and order all assessable properties to be assessed at the same rate, or
a different combination than that recommended by the Community Services
Commission.
Discussion/Decision Mode:
Continued maintenance service for this area is recommended by staff in order to
sustain current standards for landscaping and maintenance. Action on this item should
be taken at this time in order to continue the special assessment process toward a
1996 project, proposed to be City Project No. 911. Staff is asking for action at this time
in order to facilitate meeting state deadlines for publication of legal notices and
notifica#ion of property owners.
Respectful submitted,
James Prosser
City Manager
JDP:ds
Attachments
3A-~F
RESOLUTION NO.
RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE. COSTS OF
CURRENT SERVICES PROVIDED WITHIN THE 77TH STREET PROJECT AREA
FOR THE PERIOD JANUARY 1, 1996 THROUGH DECEMBER 31, 1996
CITY PROJECT NO. 911
BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as
follows:
1. That portion of the 77th Street Project Area (the "District") east of I-35W and west of
Cedar Avenue is hereby established as a special assessment district for the
purposes of assessing for current services provided by the City.
2. The following current services of the City are hereby proposed to be undertaken by
the City in the District with the cost of such services to be specially assessed against
benefited property within the District;:
• The trimming and care of trees and shrubs and the removal of any unsound trees
from any street;
• The repair of sidewalks;
• The maintenance of landscaped areas and other public amenities on or adjacent to
street rights-of--way;
• Trash and litter removal.
3. The area proposed to be specially assessed for such current services
consists of each and every commercial and multiple residential lot and parcel of land
within the District. It is proposed that the special assessments on the commercial and
multiple residential property be made on the basis of area. Multiple-residential
dwellings will be assessed 25% of the rate and commercial properties will be assessed
75% of the rate for maintaining the 77th Street improvements.
4. The City Clerk is hereby authorized and directed to publish notice of a hearing
by this Council at which the Council will consider the undertaking of such current
services and the levying of special assessments to bear the costs thereof. Such notice
shall be published in the official newspaper at least once, at least two weeks prior to the
date of hearing. Such hearing shall be held Monday,. August 28, 1995, commencing at
7:00 o'clock p.m. or as soon thereafter as the matter can be reached on the agenda.
5. It is hereby proposed that the project consist of the aforementioned services
for the period from January 1, 1996 through December 31, 1996. The estimated cost of
providing all of the aforementioned services during that period is $18,000.
~~ ~~
Passed by the City Council of the City of Richfield, Minnesota this 24th day of
July, 1995.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
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