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1-25-93 agenda CITY OF RICHFIELD MONDAY, JANUARY 25, 1993 RICHFIELD-BLOOMINGTON WATERSHED MANAGEMENT ORGANIZATION 5:30 P.M. COUNCIL CHAMBERS AGENDA CALL TO ORDER 1. ANNUAL MEETING OF THE RICHFIELD-BLOOMINGTON WATERSHED MANAGEMENT ORGANIZATION COUNCIL LETTER NO. 15 ADJOURNMENT 40 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. 0 CITY OF RICHFIELD, MINNESOTA MONDAY, JANUARY 25, 1993 REGULAR CITY COUNCIL MEETING 7:00 P.M. COUNCIL CHAMBERS AGENDA INTRODUCTORY PROCEEDINGS CALL TO ORDER PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES OF (1) REGULAR CITY COUNCIL MEETING OF JANUARY 11, 1993; AND (2) SPECIAL CITY COUNCIL MEETING OF JANUARY 13, 1993 PRESENTATIONS 1. OPPORTUNITY FOR PERSONS TO ADDRESS THE COUNCIL ON ITEMS NOT LISTED ON THE AGENDA 9 2. PRESENTATION OF PROCLAMATION IN SUPPORT OF FREE ENTERPRISE MONTH, FEBRUARY 1993 3. PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING AWARDED BY GOVERNMENT FINANCE OFFICERS ASSOCIATION COUNCIL LETTER NO. 16 4. CONSIDERATION OF RESOLUTION APPROVING SOCIAL SERVICE AGENCY COMMITTEE REPORT AND RECOMMENDATIONS, AND AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENT FOR SERVICE WITH AGENCIES FUNDED BY CITY COUNCIL LETTER NO. 17 AGENDA- APPROVAL 5. COUNCIL APPROVAL OF AGENDA CONSENT CALENDAR NOTE: 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 PUBLIC HEARING 7. CONSIDERATION OF REQUEST FOR NEW 1993 ON-SALE WINE LICENSE AND RENEWAL OF NON-INTOXICATING MALT LIQUOR LICENSE FOR SILVER SPOON RESTAURANT, 6700 PENN AVENUE COUNCIL LETTER NO. 31 RESOLUTIONS 8. CONSIDERATION OF RESOLUTION GRANTING APPROVAL FOR SUPER CASH, 6417 LYNDALE AVENUE, TO OPERATE A CURRENCY EXCHANGE BUSINESS IN THE CITY OF RICHFIELD COUNCIL LETTER NO. 32 9. CONSIDERATION OF RESOLUTION ESTABLISHING NUMBER OF TERMS FOR MEMBERS OF ADVISORY BOARDS AND COMMISSIONS COUNCIL LETTER NO. 33 ADMINISTRATIVE REPORTS & OTHER BUSINESS AIRPORT BUSINESS 10. AIRPORT STATUS REPORT CORRESPONDENCE 11. LEGISLATIVE REPORT COUNCIL CHOICE 12. COUNCIL DISCUSSION ITEMS 13. CLAIMS AND PAYROLLS 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. 9 • CITY OF RICHFIELD, MINNESOTA Council Letter No. 33 Agenda January 25, 1993 Issue Statement: Consideration of a resolution establishing the number of terms for members of Advisory Boards and Commissions. Background: The City Council has previously approved Resolution No. 7548. This resolution provides for a limit on the terms for Advisory Board and Commission Members to three consecutive terms, except in cases where there is a conflict with State Statutes or City Ordinances. The limitation was established because there are usually more' volunteers to serve on Advisory Boards and Commissions than there are openings. The policy provides for broader inclusion of residents volunteering to serve on Advisory Boards and Commissions. At the same time, there are occasions when there are not sufficient volunteers to serve on certain boards and commissions. As a result of the screening of applicants for the 1993 appointments, the Council determined that it would be appropriate to consider revision in the policy. Recommended Motion: Consider a resolution changing the maximum number of consecutive terms from three to two for Advisory Boards and Commissions. Basis for Recommendation: 1. The reduction in the number of terms encourages broader participation on Boards and Commission. 2. There are, in many cases, more volunteers willing to serve on Boards and Commissions than there are vacancies. Alternative Recommendation: 1. The Council may decide not to make this change. 2. The Council may decide to provide different limitations than those included in the attached resolution. Discussion/Decision Mode: This matter will be presented for action at the Council meeting of January 25, 1993. The resolution applies for appointments made beginning calendar year 1994. ully submitted, • JDP:ds James T Prosser City anager -1 • RESOLUTION NO. . RESOLUTION ESTABLISHING THE NUMBER OF TERMS FOR MEMBERS OF ADVISORY BOARDS AND COMMISSIONS WHEREAS, the City Council has established from time to time Boards and Commissions to serve in an advisory capacity to the City Council; and WHEREAS, annually there are usually more volunteers to serve on Advisory Boards and Commissions than there are openings to fill; and. WHEREAS, it is the policy of the City Council to seek and involve citizens as a way of adding citizen input in the policy process; and WHEREAS, Advisory Boards and commissions are established with a portion of the membership terms to expire each year to afford an opportunity for citizens who have not previously served or may have some break in the continuity of service to be considered for appointment; and WHEREAS, it is desirable to have some change in the • membership from time to time to encourage volunteerism and to facilitate broad community representation including geographic considerations, ethnic minorities, women, youth, and professional, business and technical people. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield as follows: 1. That this Resolution supersedes Resolution No. 7548. 2. That it shall be the policy of the City Council except as otherwise provided by State Statutes and City Ordinances to limit the term of any Advisory Board or Commission Member to two consecutive terms on the same Advisory Board or Commission unless there are fewer applicants than positions open. For the purposes of this resolution, appointment to serve on a Board or Commission for a period of time greater than one-half of a complete term shall be counted as a full term. If the City Council appoints a citizen who has had a break in continuous service on the same Advisory Board or Commission, it shall be treated as a first term appointment 3. This resolution shall be in full force and effect for terms expiring January 31, 1994. 9- ?- Passed by the City Council of the City of Richfield this 25th day of January, 1993. Martin J. Kirsch Mayor ATTEST: Thomas P. Ferber City Clerk r 1 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 32 Agenda January 25, 1993 Issue Statement: Request from the State of Minnesota to review request for a license for a currency exchange license for Super Cash, 6417 Lyndale Avenue. Background: On December 16, 1992, the City of Richfield received notification from the State of Minnesota Department of Commerce of a renewal application for a currency exchange license in the name of Super Cash located at 6417 Lyndale Avenue. A license for this type.of business is not required in the City. However, effective on April 24, 1992, Minnesota Statute 53A.04 _ requires that the Department of Commerce submit any application for licensure as a currency exchange to the governing body of the municipality in which the business proposes to conduct business. This law also requires the governing municipality to render a decision regarding issuance or denial of the license within sixty (60) days receipt of the State's notification. The State requires that the applicant submit the following information when applying for this type of license: - License fees in the amount of $50. - A current fee schedule used for cashing checks, money order's or traveler's checks. - A surety bond in the amount of $10,000. - Any owner, partner, officer, director, stockholder (owning 10% or more of the corporate stock) or any employee with the authority to exercise management or policy control over the company must submit to a background investigation by the Bureau of Criminal Apprehension. All of this information has been provided to the State of Minnesota and a background investigation conducted by the Bureau of Criminal Apprehension found no information on the applicants, Donald E. and Gloria Anderson. The Anderson's reside in the City of Bloomington. Richfield Public Safety Department has conducted a background investigation on the applicants. There were six public safety contacts with this establishment in 1992. They were for one burglary, two alarms, one check forgery, one 911 call and one warrant call. ?-i Staff has checked with the Bloomington Public Safety Department A and found no problems with either their home address or their business address in that city. They have a check cashing business in Bloomington located at 7854 Portland Avenue. Recommended Motion: Staff recommends that the Council pass a resolution approving of a license issued by the State of Minnesota for Super Cash, 6417 Lyndale Avenue. Basis of Recommendation: 1. The applicant has complied with State Statute 53A.04 for a currency exchange license with the State of Minnesota. 2. A background.investigation of the applicants finds no reason to recommend denial of the license. Alternative Recommendation: 1. The Council could pass a resolution specifically disapproving the license request, however, staff has determined that there is no basis for this alternative. Discussion/Decision Mode: A resolution approving of the issuance of a currency exchange license by the State of Minnesota for Super Cash, 6417 Lyndale Avenue, is submitted for City Council consideration at this time. is JDP:ds Respect ly submitted, James Prosser City nager 0 8-2- RESOLUTION NO. A RESOLUTION GRANTING APPROVAL FOR SUPER CASH, 6417 LYNDALE AVENUE, TO OPERATE A CURRENCY EXCHANGE BUSINESS IN THE CITY OF RICHFIELD .WHEREAS, Minnesota State Statute Section 53A.04, which became effective April 24, 1992, requires the Department of Commerce to submit any application for licensure as a currency exchange to the governing body of the municipality in which the currency exchange proposes to conduct business; and WHEREAS, the law further requires the governing municipality to render a decision regarding issuance or denial of the license within a sixty (60) day period; and WHEREAS, the City of Richfield does not require a City license for this type of business; and WHEREAS, the Department of Public Safety has completed an investigation of the applicants, Donald E. and Gloria Anderson, and finds no reason to deny the issuance of a license for a currency exchange license by the State of Minnesota, Department of Commerce. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, • City of Richfield, Minnesota, as follows: 1. That approval is given by the Richfield City Council for the State of Minnesota, Department of Commerce to issue a . currency exchange license to Super Cash, 6417 Lyndale Avenue, Richfield. Passed by the City Council of the City of Richfield, Minnesota this 25th day of January, 1993. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk CITY OF RICHFIELD, MINNESOTA Council Letter No-31 Agenda January 25, 1993 Issue Statement: Consideration of a request for a new 1993 on-sale wine license and renewal of a non-intoxicating malt liquor license for Silver Spoon Restaurant, 6700 Penn Avenue. Background: On December 11, 1992, the City received the new application and other required documents for the wine and non-intoxicating malt liquor licenses for Silver Spoon Restaurant. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: -Mr. Gin Ng has made application for an on-sale wine and non- intoxicating malt liquor license under the name Silver Spoon Restaurant. The corporate structure shows that Mr. Gin Ng is serving as President, and his wife, Oi Chi Lau is Treasurer. Mr. Gin Ng will be serving as the General Manager of the restaurant. Mr. Gin Ng and Oi Chi Lau are the sole owners of- the restaurant. Neither of these individuals has any known criminal record. -Background criminal history record checks shows that Gin Ng or Oi Chi Lau have no known criminal history, and no outstanding warrants. -The lease between the applicant and the property owner, Mr. Kenneth Youngberg, is in effect until 1995 and renewable at that time. -All general real estate taxes, state sales and withholding taxes have been paid and are current. -The required proof of liquor liability insurance coverage has been received showing Acceptance Indemnity Insurance Company as affording the required coverage. Proof of workers' compensation insurance has been supplied. From January 1992 through December 1992, there were four Public Safety contacts with Silver Spoon Restaurant. All four contacts were.of a criminal nature. One suspicious vehicle, one forgery, one theft and one burglary alarm. There were no environmental health complaints received during this time period. On-sale wine licenses require owners of these establishments to comply with Resolution No. 7380, which outlines discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment and is also attached to this Council Letter. ?_ I Recommended Motion: Approve the issuance of a new 1993 on-sale wine license and the renewal of a non-intoxicating malt liquor license for Silver Spoon Restaurant with the stipulation that the requirements are met in Resolution No. 7380. Basis for Recommendation: 1. The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale wine and non-intoxicating malt liquor licenses. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the license requested. Alternative Recommendation: 1. The Council could decide to deny the request for an on-sale wine license. This would mean that the restaurant would be unable to serve any intoxicating liquor. They would continue to serve non-intoxicating malt liquor only. Discussion/Decision Mode: The public hearing to consider the request for the issuance of a new on-sale wine and renewal of a non-intoxicating malt liquor license for Silver Spoon Restaurant has been scheduled for January 25, 1993 and is being presented to Council at this time. Respect ully submitted, Jam Prosser Cit anager JDP:cak 0 ? a- CITY OF RICHFIELD RESOLUTION NO. 7380 RESOLUTION SPECIFYING CERTAIN IMPROPER CONDUCT OF ON-SALE INTOXICATING LIQUOR LICENSEES AND STATING RECOMMENDED DISCIPLINE THEREFOR BE IT RESOLVED by the City Council of the City of Richfield as follows: I. BACK O-UND STATF.MFNT The City of Richfield annually issues a number of licenses permitting the on-sale sale of intoxicating liquor within the City. The conduct of the licensed activity is governed by the provisions of Section 1200 of the City Code. Although, the provisions of that Section describe in a general way what is expected of licensees in the proper conduct of the licensed activity, the City Council is concerned that licensees should have a more specific understanding of the types of conduct, generally described in the Code, which may subject their licenses to discipline; and further that they have a clear understanding of the scope and nature of the discipline which may be imposed for certain specific conduct. The levels of discipline described in this resolution will be imposed only in accordance with the applicable provisions of law. The list of activities and conduct contained in this resolution is not intended to be exhaustive, but rather concentrates on the types of conduct most frequently observed at licensed establishments. Other activity or conduct which is detrimental to the public safety, health, morals and A 0 welfare and which constitutes a violation of the provisions of Section 1200 of the City discipline. The actions with this resolution are actions such as actions prosecution available to this resolution. Code may also subject liquor licenses to which the City may take in accordance not intended to preclude such further in law or in equity or criminal the City for the conduct described in II. SPF.OTFTO PROHTRTTFn OONniiOT ANT) PROPORPn SANCTION A. Noise and Other ni-gtnrhiny rnndurt Within or Near the Licensees are responsible for the conduct of their patrons while within the licensed establishment; and of individuals within the immediate vicinity of the establishment who are either coming to or leaving the establishment. The City is unwilling,; to permit the continued operation of a licensed liquor establishment in circumstances where it is evident that the licensed activity is having a detrimental impact upon the health, welfare, safety and morals of the community and patrons of the establishment. The following discipline may.be imposed upon on-sale intoxicating liquor licenses for verified reports of criminal misconduct occurring on or near the licensed premises and attributable to patrons of the establishment (including persons entering or leaving): a) For five (5) such incidents occurring within less than a 31-day period (beginning with the date of the first of 0 such five incidents) - suspension of the license for ?-y up to 10 days and a civil fine of $2,000 for each incident. b) For ten (10) such incidents occurring within less than a 61-day period (beginning with the date of the first of such incidents) - suspension of the license for up to 30 days and a civil fine of $2,000 for each incident., c) For fifteen (15) such incidents occurring,within any 91 day period (beginning with the date of the first of such incidents) - suspension of the license for up to 60 days and a civil fine of $2,000 for each incident. The discipline outline above is intended to be cumulative in nature, and incidents which give rise to discipline (or the right to discipline) during a shorter period may be counted in determining whether discipline is.appropriate during a longer period. The term "verified reports of criminal misconduct" means a report made to the director of public safety by the licensee or a complaint made by others concerning an incident constituting a crime under the City Code or the laws of the State of Minnesota, which, in the. opinion of the director, is directly attributable to the licensed activity. Verified reports of criminal misconduct do not of necessity mean requests for service, and licensees shall not be required to 0 make requests for service in situations where the licensee is capable of resolving the incident without police assistance. However, it is necessary for the City to have an accurate measure of the level of criminal misconduct. The department of public safety shall establish standards and criteria for the making of such reports by the licensee. If the licensee fails to make-the required reports of criminal misconduct in accordance with such standards and criteria, the following additional discipline may be imposed upon its on-sale intoxicating liquor license: a) For the first incident of failure to report criminal misconduct within any license year - suspension of license for up to five days and a civil fine of $2,000. b) For the second such incident in any license year - suspension of license for up to 10 days and a civil fine of $2,000. c) For the third such incident in any license year - suspension of license for up to 15 days and a civil fine of $2,000. B. RPryi no Alnnhnl in RPVnrarrac Raxsrnnrl +-}-%c T„4-ori "-P + - rr"g-_-;f-,; w]rn AiCnnniln Kc=yPragPs Licensees must assure that the service and consumption of alcoholic beverages will be confined only to those areas permitted by the license. Failure to do so may have an evident and adverse impact upon other activities lawfully occurring within the area and creates a is substantial risk of criminal behavior such as violation of the • Open Bottle Law. The following discipline may be imposed upon on-sale intoxicating beverage licenses: a) The first incident during the license year - up to a 10- day suspension and $2,000 civil fine. b) The second incident during the license year - up to a 30-day suspension and $2,000 civil fine. c) The third incident during the license year - up to a 60- day suspension and $2,000 civil fine. d) The fourth incident during the license year - revocation of license. • C. Permif-ti na Qnnu nnnV t-n FXnAPH the T i mi i-a PPrmi t-i-Pri Und, r the Licensees are absolutely bound to prevent situations in which the licensed premises become overcrowded. The City finds that the opportunity to serve alcoholic beverages contributes to an environmental wherein overcrowding, if not strictly controlled by the licensee, may occur. Each liquor license issued shall state the maximum occupancy limit for the licensed premises. The following discipline may be imposed upon on-sale intoxicating liquor licenses for incident of overcrowding verified by the City's public safety director: a) The first incident during the license year - up to a 10- day license suspension and $2,000 civil fine. 0 b) The second incident during the license year - up to a 30-day suspension and $2,000 civil fine. c) The third incident during the license year - up to a 60- day suspension and $2,000 civil fine. d) The fourth or subsequent incident during the license year - revocation of the license. D. Fanilitatinq ramhiina_ Licensees must not permit or allow any condition to occur on the licensed premises which would facilitate gambling activity. Licensees may not permit any device on the licensed premises which could be used for gambling. Such devices include blackjack tables, video games of chance, roulette wheels and any other amusement or gambling • device as defined in Minnesota Statutes, Chapters 349 and 609, and Richfield City Code Subsections 1100.13 and 1100.01 For any incident of facilitation of gambling the on-sale intoxicating liquor may be suspended for up to a period of days equal in number to the period of days that such incident continued. E. EffPnt of SueDAn_qi nn nr R ynnati on of Food T 1 Comp On= sale intoxicating liquor licenses which are issued to establishments because they qualify as restaurants shall cease to be valid for any period of time during which the establishment's food license is under suspension or revocation as the result of actions taken by the city manager, enforcement officer, or both • pursuant to Subsection 615.05, subdivision 6 of the City Code. The on-sale sale of intoxicating liquor during such period shall constitute an unlicensed sale. The City Council retains the right to modify the provisions of this resolution from time and to impose penalties in excess of those contained herein when, in the judgment of the council it is appropriate to do so. Passed by the City Council of the City of Richfield this 14th day of December 1987. ATTEST: Thomas Ferber, City Clerk John N. Hamilton, Mayor t n LJ ?m CITY OF RICHFIELD, MINNESOTA Council Letter No. 30 Agenda January 25, 1993 Issue Statement: Purchase in excess of $5,000 for the 1992 Minnesota Department of Natural Resources (DNR) Water Appropriation Permit. Background: The City Council policy resolution on purchasing provides that when the purchase of merchandise, materials, equipment or construction exceeds the amount of $5,000, authority to purchase shall be submitted to the City Council for consideration. The City is required by State law to purchase an annual water appropriation permit which allows the City to extract water for City use from seven deep wells. The fee is based on total water usage in a calendar year. In 1992, approximately 1,292 million gallons was extracted from City wells. The fee for the 1991 water appropriation permit was $5,985. The total permit for 1992 is $5,345, a decrease of approximately $640. Recommended Motion: Approve a 1993 purchase order to the Minnesota Department of • Natural Resources for the 1992 water appropriation permit in the amount of $5,345. Basis of Recommendation: 1. Minnesota State law requires each city to purchase a water appropriation permit for water extraction. 2. There is $6,500 allocated in the 1993 Water Maintenance budget for the permit. Alternative Recommendation: None. Discussion/Decision Mode: Staff requests approval at the January 25, 1993 Council meeting. Respect lly submitted, Jam D. Prosser Cit Manager JDP:ds 0 (o L • CITY OF RICHFIELD, MINNESOTA Council Letter No. 29 Agenda January 25, 1993 Issue Statement: Purchase of three administrative vehicles for use by the Public Safety Department. Background: Three vehicles used by the Public Safety Department are fully depreciated and due to be replaced in 1993. The three vehicles are Units 8706, 8707 and 8709, all 1987 Pontiac 6000's. In 1991, the low bid on midsize administrative vehicles was $11,747 per car. In 1992, the City did not buy any vehicles of this type. Purchase of these new vehicles has been coordinated with Hennepin County through the joint purchasing agreement. Thane Hawkins Polar Chevrolet submitted the low 1993 bid on midsize administrative vehicles, bidding Chevrolet Luminas at $11,497 per car. In 1993, the City is also buying one $45 service manual (allocating $15 per car) and the City has to pay sales tax, which is another $748.28 per car, for a total per-car cost of $12,260.28. The approved 1993 Central Garage budget contains funds for the purchase of these vehicles. Recommended Motion: Approve a purchase order to Thane Hawkins Polar Chevrolet for three midsize vehicles at $12,260.28 each for a total of $36,780.84. Basis of Recommendation: 1. The three vehicles currently in the motor pool are fully depreciated and due to be replaced in 1993. 2. The replacement is required because experience indicates that maintenance costs and vehicle downtime increase signficantly at this time. 3. Purchasing vehicles through county contracts assures the lowest possible price for the type of vehicle required. 4. There is adequate funding available in the approved 1993 Central Garage Capital Outlay budget for these purchases. Alternative Recommendation: Council could choose to deny approval and direct staff to obtain new bids for these vehicles; however,. staff does not believe a lower price can be obtained from a reputable dealer • other than through the Hennepin County purchase contract. ?L- DiscuSsion/Decision Mode: . In order to.take advantage of these prices, the vendor requires a purchase order to be issued in January, 1993. Staff is requesting approval at the January 25, 1993 Council meeting. Respectf ly submitted, Jame Prosser City I ager JDP:ds • • CITY OF RICHFIELD, MINNESOTA Council Letter No. 28 6K Agenda January 25, 1993 Issue Statement: Purchase of vehicles for use by Public Safety Department. Background: Four full size sedans being used by the Public Safety Department are scheduled to be replaced in 1993. Purchase of new vehicles has been coordinated with the State of Minnesota's bid process. All four of the cars are currently in use. All of the cars, Ford Crown Victoria squads, were purchased in 1991 and will be fully depreciated in 1993. The extent and nature of the use of these cars indicates a two year replacement schedule. The lowest responsible bid for the type of vehicle required was submitted by Superior Ford, Inc. The approved 1993 Central Garage capital outlay budget includes money for these purchases. Actual cost per 1992 marked squad car was $12,946.50. The 1993 per car bid price is $13,107.31, for a total of $52,429.25. Staff does not believe a better price can be obtained other than through the State of Minnesota bid.process. Recommended Motion: Authorize the purchase of four Ford Crown Victoria full-sized police sedans through the State of Minnesota purchasing agreement from Superior Ford, Inc. for a total purchase price of $52,429.25. • Basis of Recommendation: 1. Several manufacturers of full size cars were requested to submit bids following predetermined specifications. Of the bids submitted, Superior Ford, Inc. was the lowest responsible bidder for the type of car requested. 2. The City is in need of replacing four fully depreciated squad cars. 3. The cost of maintenance and vehicle downtime will be excessive if the vehicles are not replaced at this time. Alternative Recommendation: Council may choose to reject this bid and request staff to obtain bids from other sources in an attempt to receive a lower purchase price. However, staff does not believe a better price can be obtained from a responsible dealer. Discussion/Decision Mode: Time constraints dictate that in order to take advantage of the bid price, the dealer requires a purchase order by January 31, 1993. Staff is requesting approval of this purchase at the January 25, 1993 Council meeting. • Respec ly submitted, JaWs. Prosser Ciger JDP:ds 63- 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 27 Agenda January 25, 1993 Issue Statement: Approval of the continuation of the agreement with the City of Bloomington for the provision of inspectional services for Richfield for the year 1993. Background:. The City of Bloomington has provided inspectional and enforcement services in the areas of plumbing, heating and air conditioning, food service, forestry and plan check for food services for several years. The proposed contract for 1993 is $89,550 compared to the 1992 contract.of $87,170. Recommended Motion: It is recommended that the City Council approve the agreement with the City of Bloomington for the provision of inspectional and enforcement services for the year 1993. Basis for Recommendation: 1. The City of Bloomington has sufficient resources to provide a professional level of inspectional services to Richfield • residents. Annual evaluations of their services has shown that they are providing effective services in a very cost- effective manner.. Alternative Recommendation: 1. The Council could decide to have Richfield provide its own plumbing, heating and air conditioning, food inspection and 'forestry services. The cost of hiring the staff necessary to provide the same level of services and administrative support would be more than our current expenditures, and would require a budget increase. • 2. The Council could decide to compensate the City of Bloomington at a lower rate which would require designated reduction in services or programs. Discussion/Decision Mode: The renewal of the agreement between Richfield and the City of Bloomington for the provision of inspectional services is being presented for council approval. submitted, Respfanager Jamesser City JDP:ds 6j- / • AGREEMENT This Agreement is made this day of , 1993, by and between the City of Richfield (hereinafter referred to as "Richfield") and the City of Bloomington (hereinafter referred to as "Bloomington:). WHEREAS, Richfield is authorized and empowered to provide for various types of inspections and code enforcement to ensure the public health, welfare and safety; and WHEREAS, it is the desire of the parties and the purpose of this agreement that certain of such services be performed by Bloomington on behalf of Richfield; NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth below, the above parties hereto agree as follows: 1. The term of this agreement shall be from January 1, 1993 through December 31, 1993, subject to termination as provided in paragraph 6. 2. For the term of this agreement, Bloomington shall provide Richfield with the following services, in and on behalf • of Richfield: a. Plumbing inspection and code enforcement as necessary. b. Heating, ventilation, and air conditioning inspections and code enforcement as necessary. C. Food service inspections and code enforcement as necessary (a minimum of two inspections will be done of all restaurants and at least one inspection will be done of all grocery stores). d. Tree inspections and code enforcement as necessary. e. Plan Check for food services. f. Public swimming pool inspections as necessary. g. Lodging inspections as necessary. 3. Bloomington shall have control over the manner in which the inspections and code enforcement activities are conducted and over the determination of what enforcement action is appropriate consistent with Richfield City Code Section 615 and other policies as established by the City of Richfield. 4. Bloomington shall assume the expense of performing the inspections and code enforcement. 5. Richfield shall pay Bloomington the sum of $89,550.00 • for services provided pursuant to this agreement. One-half of this amount shall be due on June 30, 1993, and the remainder shall be due on November 30, 1993. 6j--C)- 0 6. This agreement shall terminate as follows: a. Upon the expiration of 30 days after service of written notice upon the other party; or b. At any time, upon agreement of the parties; or c. In any event on December 31, 1993. 7. In the event of a termination prior to December 31, 1993, a prorata reduction of the compensation owed by Richfield to Bloomington shall occur which reflects the period remaining on the agreement at the time of termination. 8. Bloomington agrees to defend, indemnify and hold harmless Richfield, and its officials, agents and employees from and against all claims, actions, damages, losses and expenses arising out of or resulting from Bloomington's performance of the duties required under this Agreement, provided that any such claim, action, damage, loss or expense is attributable to bodily injury, sickness, disease, or death or to the injury to or destruction of property including.the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of Bloomington. 9. Bloomington shall carry liability insurance in the amount of at least $200,000 per individual and $600,000 per occurrence. Property damage liability insurance in the amount of $100,000. Richfield shall be named as an additional insured, and a certificate of said insurance shall be provided to Richfield. Bloomington shall carry Worker's Compensation Insurance as required by Minnesota Statutes, Section 176.181, Subd. 2 (1991) and further agrees to provide a certificate of said insurance to Richfield. 10. Any employee assigned by Bloomington to perform its obligations hereunder shall remain the exclusive employee of Bloomington for all purposes including, but not limited to, wages, salary and employee benefits. 11. In addition to the services listed in Paragraph 2 above, Bloomington shall, upon request, also provide for and on behalf of Richfield: a. Electrical inspection and code enforcement services; b. Inspection of replacement residential heating and air conditioning equipment. Such services shall be paid for by Richfield on an hourly basis at the rate of $33.75 per hour, and said hourly rate shall be separate from, and in addition to, the payment provided for by Paragraph 5 of this Agreement. All other provisions of this Agreement shall remain applicable with respect to the electrical and heating, ventilation and air conditioning inspection services being provided. 6 J--? . • 12. In addition to the services listed in Paragraph 2 above, Bloomington shall, upon request, also provide building plan checking services for and on behalf of Richfield. Such services shall be paid for by Richfield on an hourly basis at a rate of $40.40 per hour, and said hourly rate shall be separate from, and in addition to, the payment provided for by Paragraph 5 of this Agreement. All other provisions of this Agreement shall remain applicable with respect to the building plan checking services being provided. 13. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the persons employed by Bloomington as the agent, representative or employee of Richfield for any purpose or in any manner whatsoever. Bloomington is to be and shall remain an independent contractor with respect to all services performed under this contract. Bloomington represents that it has, or will secure at its own expense, all personnel required in performing services under this contract. Any and all personnel of Bloomington or other persons, while engaged in the performance of any work or services required by Bloomington under this contract, shall have no contractual relationship with Richfield and shall not be considered employees of Richfield, and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against Bloomington, its officers, agents contracts or employees shall in no way be the responsibility of Richfield; and Bloomington shall defend, indemnify and hold Richfield, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from Richfield, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensations, Unemployment Compensation, disability, severance pay and PERA. 14. The books, records, documents, and accounting procedures of Bloomington relevant to this Agreement, are subject to examination by Richfield and either the legislative or state auditor as appropriate, pursuant to Minnesota Statutes, Section 16B.06, subd. 4. 15. This Agreement represents the entire Agreement between Bloomington and Richfield and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof, any amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by • both parties. IN WITNESS WHEREOF, the parties have set forth their hands on the day and year first written above. Upon proper execution, this CITY OF BLOOMINGTON Agreement shall be a legal. and binding obligation upon By: the City of Bloomington Its Mayor City Attorney By: Its City Manager 0 CITY OF RICHFIELD By: Its Mayor By: Its City Manager 6S CITY OF RICHFIELD, MINNESOTA Council Letter No. 26 January 25, 1993 Issue Statement: Approval of the continuation of the agreement with the City of Bloomington for the provision of public health services for the City of Richfield for 1993. Background: In 1977, the State of Minnesota enacted the Community Health Services Act which transferred the responsibility for the administration of public health programs to local jurisdictions. The State also provided funds for the programs and encouraged local jurisdictions to increase the efficiency of the programs by grouping together. Richfield and Edina entered into a joint powers agreement with Bloomington, and the program has been administered under that agreement since that time. The contract for 1993 reflects a 4% increase over the 1992 contract. This is primarily due to increases in staff salaries. The 1993 contract will be $154,10.0, while the 1992 contract was $148,165. Recommended Motion: It is recommended that the City Council renew the joint powers agreement for 1993. Basis for Recommendation: 1. The City of Bloomington has sufficient resources to provide a professional level of public health services to Richfield residents. Annual evaluations of their services have shown that they are providing effective services in a very cost- efficient manner. Alternative Recommendation: 1. The Council could decide to have Richfield provide its own public health services. The cost of hiring the nursing staff necessary to provide the same level of services and administrative support would be more than current expenditures, and would require a budget increase. 2. The Council could decide to compensate the City of Bloomington at a lower rate which would require designated reduction in services or programs. Discussion/Decision. Mode: The renewal of the joint powers agreement between the City of Richfield and the City of Bloomington for 1993 for the provision of public health services is being presented for Council approval. Respec f lly submitted, Jame Prosser City anager JDP:ds &3-- l 0 AGREEMENT BETWEEN THE CITIES OF BLOOMINGTON AND RICHFIELD TO PROVIDE COMMUNITY HEALTH SERVICES THIS AGREEMENT, made and entered into this day of , by and between the City of Bloomington, a Minnesota municipal corporation, in the County of Hennepin, State of Minnesota ("Bloomington"), and the City of Richfield, a Minnesota municipal corporation, in the County of Hennepin, State of Minnesota ("Richfield"). WITNESSETH : WHEREAS, Bloomington warrants and represents that its Division of Public Health is a duly certified public health agency operating in accordance with all applicable federal and state requirements; and WHEREAS, Bloomington's Division of Public Health provides community health services, including, but not limited to home health services, well adult clinics, well child clinics, health education, school health services, health promotion services, prevention and control, and program administration; and 0 ?z a WHEREAS, Richfield wishes to promote, support, and maintain • the health of its residents by providing community health services such as health education, communicable disease programs, nursing services, health assessment, counseling, teaching, and evaluation in the community, home and clinic setting at a nominal fee to those making use of such services, and to contract with Bloomington for Bloomington, through its Division of Public Health, to provide such services to residents of Richfield; and WHEREAS, the governing bodies of Bloomington and Richfield are authorized by Minnesota Statutes, Section 145A.04, Subdivision 5, and by Minnesota Statutes, Section 471.59, Subdivision 10, to provide community health services and to enter into agreements with each other for the providing by Bloomington of community health services to residents of Richfield. NOW, THEREFORE, the parties hereto, and for consideration of the covenants hereinafter set forth, agree as follows: 1. Bloomington, through its Division of Public Health, agrees to provide residents of Richfield with those community health services (hereinafter called "Health Services"), that Richfield has outlined in its 1992-1993 Community Health Services Plan, which includes home health, family health, disease prevention and control, and health promotion. Richfield agrees not to amend said Plan in any manner that would impact the service Bloomington provides without first contacting Bloomington. 2. Bloomington agrees to provide to the residents of Richfield health services in the same manner and the same extent OT -2 including the same quality and kind of personnel, equipment and • facilities as health services are provided and rendered to residents of Bloomington, it being the intent and purpose of this agreement to provide and render the Health Services equally to residents of Bloomington and Richfield, without discrimination in any way. 3. Bloomington shall provide the health services pursuant hereto on a confidential basis, using capable, trained professionals. 4. All Health Services to be rendered hereunder by Bloomington shall be rendered pursuant to and subject to public health policies, rules, and procedures now or hereafter, from time to time, adopted by the Bloomington City Council, and in full compliance with all applicable state and federal laws, • provided, however, that (i) no policy, rule, or procedure hereafter adopted by the Bloomington City Council shall in any way affect, modify, or change the obligations, duties, liabilities, or rights of the parties hereto as set out in this Agreement, or reduce or detract from the kind, quality, and quantity of Health Services to be provided hereunder by Bloomington to residents of Richfield, and (ii) all such policies, rules and procedures shall be uniformly applied to all persons receiving Health Services from Bloomington, whether residents of Richfield, Bloomington, or any other municipality. Richfield agrees to adopt the same policies, rules and procedures as are from time to time adopted by Bloomington, if determined by 0 Richfield to be necessary or desirable to facilitate or regulate 61-1 the provision of Health Services by Bloomington to residents of • Richfield pursuant hereto. 5. Richfield agrees to pay Bloomington, for the provision of Health Services pursuant hereto, amounts and on terms as follows: A. The annual sum of $154,100 shall be paid in quarterly payments of $38,525 to Bloomington within fifteen (15) days of the receipt by Richfield of each of the reports to be given pursuant to Paragraph 5.B hereof, subject, however to the provisions of Paragraph 5.C hereof. B. On April 15, July 15, and October 15, 1993 and on January 15, 1994, Bloomington shall send Richfield a statement, certified by the person in charge of Bloomington's Division of Public Health as being true and correct, and covering the period • of three (3) calendar months preceding the month in which the report is given, and setting forth, in such detail as Richfield shall reasonably require, the numbers of persons served, the kinds of Health Services delivered, the locations where such services were delivered, and such other information as Richfield shall reasonably request. C. No payment or payments need be made by Richfield under this Agreement while Bloomington is in default under any of the terms and conditions hereof. 6. In the event Richfield desires to inspect the financial books and records of Bloomington related to the providing of Health Services hereunder by Bloomington, Bloomington shall make 0 its financial books and records available at the Bloomington City Hall for inspection and copying by Richfield, or any agent, • employee, or representative of Richfield, at reasonable business hours. 7. It shall be the sole responsibility of Bloomington to determine the qualifications, functions, training, and performance standards for all health service personnel who render Health Services under this Agreement; provided, however, that Bloomington agrees that all such personnel shall be capable, trained professionals. 8. Bloomington's Division of Public Health will communicate with Richfield relative to Health Services to be performed hereunder by Bloomington, such communication to be in the form of reports, conferences, or consultations, as the respective • Richfield departments shall request. All reports relating to the providing of Health Services that are given by Bloomington's Division of Public Health to the Bloomington City Council or to the City manager during the term of this Agreement shall also, and at the same time, be given to Richfield. 9. Bloomington also agrees to send to Richfield an annual report describing the activities performed and Health Services rendered pursuant to this Agreement. Such report shall be in such detail and form as Richfield may reasonably request. The annual report shall be sent with and in addition to the last quarterly report acquired by Paragraph 5.B hereof. Also, at Richfield's request, made not more than two (2) times during the term of this Agreement', responsible administrative officers of 0 Bloomington's Division of Public Health shall attend meetings of ?T 6 the Richfield City Council or appropriate board or commission to • answer questions and give further information relative to the activities performed and Health Services rendered under this Agreement. 10. Bloomington hereby agrees to maintain in force its present policy of comprehensive liability insurance and professional liability coverage, each in the minimum amount of five hundred thousand dollars ($500,000), for the term of this contract. A copy of the policy or policies shall be furnished to Richfield.. Said policy shall be with an insurance company authorized to do business in Minnesota. 11. Bloomington shall further require personal medical malpractice insurance coverage by its physicians and other health professionals with whom Bloomington has a contract for professional services. 12. This Agreement shall be for a period of from January 1, 1993, to December 31, 1993, provided that either party may terminate the same by one hundred twenty (120) days' written notice to the other. Upon such termination, all obligations and liabilities of the parties hereunder shall cease and terminate, except the provisions of Paragraph 12 hereof shall continue and survive such termination. Also, in the event of termination pursuant hereto, the quarterly payment next due shall be prorated and paid for only the period ended on the date of termination, and Bloomington shall send to Richfield, within thirty (30) days after such termination, a report in the form of, and in lieu of, 0 the annual report required by Paragraph 9 hereto, and Richfield • shall pay such reduced quarterly payment for the period ended on the date of termination, within fifteen (15) days after receipt of both of such reports. 13. Bloomington and Richfield understand and agree that each of them shall apply and qualify, independently and separately, for any and all grants, matching funds, and payment of all kinds from state, federal, and other governmental bodies relating to, or for the provision of, any or all of the Health Services, and any and all such grants, matching funds, and payments shall belong to the recipient and be used and applied as the recipient thereof shall determine, without regard to this Agreement. 14. All notices, reports, or demands required or permitted 0 to be given under this Agreement shall be in writing and shall be deemed to be given when delivered personally to an officer of the party to which notice is being given, or when deposited in the United States mail in a sealed envelope, with registered or certified mail, postage prepaid thereon, addressed to the parties at the following addresses: To Bloomington: 2215 West Old Shakopee Road Bloomington, Minnesota 55431 Attention: City Manager To Richfield: 6700 Portland Avenue South Richfield, Minnesota 55423 Attention: City Manager 0 63__8 Such addresses may be changed by either party upon notice to the • other party given as herein provided. 15. The parties agree to comply with the following laws and regulations: A. The parties agree to comply with the Americans With Disabilities Act. Bloomington does not discriminate on the basis of disability in the admission or access to, or treatment of employment in, its services, programs, or activities. Bloomington has designated coordinators to facilitate compliance with the Americans With Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. • For information contact the Human Services Division, City of Bloomington, 2215 West Old Shakopee Road, Bloomington, Minnesota 55431; telephone: 881-5811; TDD: 887-9677 B. The parties hereto agree to'comply with Section 504 of the Rehabilitation Act of 1973/31 CFR Part 51. This Act states in part that, ". . . all recipients of federal funds, whether in the form of a grant or a contract, review, and if necessary modify, their programs and activities so that discrimination based on handicap is eliminated." 16. Non-Assignment. This Agreement shall not be assignable except at the written consent of Bloomington. 17. Scope of Agreement. This Agreement represents the • entire Agreement between Richfield and Bloomington and supersedes LI'L 9 and cancels any and all prior agreement or proposals, written or . oral, between the parties relating to the subject matter hereof; and amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed and their corporate seal to be affixed hereto the day and year first above written. CITY OF BLOOMINGTON By: Its Mayor By: • Its Manager CITY OF RICHFIELD By: Its Mayor By: Its Manager Approved: City Attorney ? 14 • • 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 25 Agenda January 25, 1993 Issue Statement: City Council resolution appointing representatives to the Richfield Tourism Promotion Board. Background: On June 25, 1990, the City Council approved the ordinance to levy a 3% tax on gross receipts of lodging from Richfield hotels and motels pursuant to Minnesota Statutes. The establishment of the Richfield Tourism Promotion Board and the appointment of three directors was also a part of that resolution. The articles and bylaws of the Tourism Board provide that the City Council appoint three directors to the Board. The three directors shall represent the Richfield Chamber of Commerce, the Hampton Inn and Motel 6. The directors' terms are normally for a period of three years. The three nominees for appointment/reappointment are as follows: 1. Larry Zielke, Attorney, representing the Richfield Chamber of Commerce; reappoint to a one year term ending December 31, 1993. 2. William Brusman, Vice President of Realty Management Services, Inc., representing the Hampton Inn; reappoint to a three year term ending December 31, 1995. 3. George Otterson, Area Manager for Motel 6, replacing Charles Davis who is no longer with Motel 6; appoint to a two year term ending December 31, 1994. The terms have been staggered to ensure that only one director is considered for appointment each year. In addition, it is proposed that the term of appointment run from January 1 to December 31 rather than the July to June term originally established. Each of the three organizations represented on the Board selects an individual to represent them and be considered for appointment by the City Council. Recommended Motion: Adopt the attached resolution making appointments to the Richfield Tourism Promotion Board. Basis of Recommendation: 1. The City Council has the authority to make appointments to the Richfield Tourism Promotion Board. 69-1 2. Due to a resignation, one of the Richfield Tourism Board • Directors must be replaced. 3. The Tourism Board was originally established in midyear, thus resulting in terms which appear to expire at the end of June. This.is an excellent opportunity to change the Board's terms of office to coincide with a calendar year term and reestablish the staggered term expiration dates to a calendar year system. This time frame is common to other types of City appointment terms. 4. The current Board members have done an excellent job of directing the functions and activities of the Board, promoting the City of Richfield. 5. The above referenced individuals have all indicated a willingness to serve on the Tourism Board. Alternative Recommendation: 1. The City Council could leave the terms as they currently are. 2. The City Council could appoint another or other individuals to the Richfield Tourism Board. Discussion/Decision Mode: It is requested that the City Council act upon this matter at • the January 25, 1993 meeting so that the replacement board member may begin his term as soon as possible. Respe ly submitted, Jame Prosser City anager JDP:ds ?*C)- CITY OF RICHFIELD RESOLUTION NO. RESOLUTION APPOINTING THE BOARD OF DIRECTORS TO THE RICHFIELD TOURISM PROMOTION BOARD, INC. WHEREAS, the City of Richfield has levied a 3°s tax on the gross receipts of lodging from hotels and motels in the City pursuant to Minnesota Statute Section 169.190; and WHEREAS, Minnesota Statute Section 169.190 authorizes the proceeds of the tax to fund a Tourism Promotion Board for the purpose of marketing and promoting the City as a tourist or convention center; and WHEREAS, the articles and bylaws of the Richfield Tourism Promotion Board provide the City Council of the City of Richfield appoint three (3) directors to the Board representing the Hampton Inn, Motel 6 and the Richfield Chamber of Commerce; and WHEREAS, the term of each director be three (3) years, provided that the first director named in the Articles of Incorporation shall serve for a term of (1) year, and the second director so named shall serve for a term of two (2).years and the third director so named shall serve for a term of three (3) • years; and WHEREAS, each director shall serve as a director until his or her successor shall have been appointed and have qualified, or until his or her earlier disqualification, death, resignation, or removal; and WHEREAS, Charles Davis, the former Regional Vice President for Motel 6, is no longer associated with the firm and Motel 6 has requested that George Otterson, Area Manager for Motel 6, replace Mr. Davis. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota have appointed the directors to the Richfield Tourism Promotion Board as follows: 1. Larry Zielke, Attorney with Shapiro and Normeyer law firm, representing the Richfield Chamber of Commerce, serving a term of one (1) year; and 2. George Otterson, Arena Manager for Motel 6, serving a term of two (2) years; and 3. William Brusman, Vice President of Realty Development Services, Inc. representing the Hampton Inn, serving a term • of three (3) years. 6H 3 Adopted by the City Council of the City of Richfield, Minnesota this 25th day of January, 1993. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 24 Agenda January 25, 1993 Issue Statement: Approval of a grant application to the Minnesota Department of Natural Resources for boulevard tree planting. Background: The Department of Natural Resources (DNR), through its "Minnesota ReLeaf" Community Forest Program, is offering grant assistance for planting trees to local governments. Community Services staff has requested $10,350 on the application in order to completely fund the purchase of 150 boulevard trees for the 1993 spring planting season. Budget constraints in the past three years has made funding for tree planting more and more difficult. Receipt of this grant assistance would be a tremendous boost to the forestry division efforts to keep Richfield's urban forest thriving. Recommended Motion: Approve the grant application to the DNR for boulevard tree planting. Basis for Recommendation: The grant assistance would aid the forestry division funding for • boulevard trees. Alternative Recommendation: None. Discussion/Decision Mode: The application is due to the DNR on January 29, 1993. Staff is asking for approval at the January 25, 1993 Council meeting in order to meet this deadline. ly submitted, RespecYanager Jame Prosser City JDP:ds 0 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 23 Agenda January 25, 1993 Issue Statement: Approval of the 1993 Labor Agreement with the International Union of Operating Engineers Local No. 49 and the City of Richfield. Background: City staff •has completed negotiations on a labor agreement for the year 1993 with the International Union of Operating Engineers Local 49 unit, subject to Council approval. The bargaining unit consists of approximately 40 City employees including Community Service Workers, Mechanics and Water Plant Operators. The significant changes which have been negotiated for the year 1993 are as follows: ? An average adjustment of thirty-eight cents (380) per hour over 1992 wage rates for all classifications. This is a total percentage increase of 2.96% for the Unit. ? A $30.00 monthly increase in the City's contribution for dependent health insurance for a maximum of $285.00/month.. This maximum contribution is identical to other.City employee groups for 1993. ? The City's contribution for single dental insurance is a maximum of $22.00/month. This maximum contribution is also identical to other City employee groups for 1993. The term of the Labor Agreement is from January 1, 1993 through December 31, 1993. Recommended Motion: Adopt the attached resolution approving a Labor Agreement with the International Union of Operating Engineers Local No. 49 unit for the year 1993. Basis of Recommendation: 1. The City has met and negotiated with Local 49 for the settlement of the 1993 Labor Agreement and has agreed upon a tentative settlement as outlined in this Council Letter. 2. Wage and benefit settlements are comparable to other City of Richfield employee groups. 3. The Local 49 employees have voted on the issues and have given their approval. Alternative Recommendation: • Do not approve the Labor Agreement, requiring further negotiations and/or arbitration. 6F-j Discussion/Decision Mode: . In order to allow the City's accounting personnel to modify payroll records and enact the new pay rates retroactive to January 1, 1993 as soon as possible, it is recommended that the City Council act on January 25, 1993 to adopt the attached resolution providing for the adoption of the 1993 Labor Agreement, effective January 1, 1993. Respectf lly submitted, (4?1 Jame D. Prosser City Manager JDP:ds U &F-C)- • RESOLUTION NO. RESOLUTION APPROVING ADDENDUM TO THE LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 49 AFL/CIO FOR THE YEAR 1993 WHEREAS, the City Manager has reached an agreement with the International Union of Operating Engineers Local 49 for the year 1993; and WHEREAS, the Personnel Ordinance requires that contracts between the City and the exclusive representative of 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 Labor Agreement between the City of Richfield and the International Union of Operating Engineers Local 49 for the year 1993, and that the City Manager is hereby authorized to execute the same on behalf of the City of Richfield. Adopted by the City Council of the City of Richfield, Minnesota this 25th day of January, 1993. 0 Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 ?0 C E CITY OF RICHFIELD, MINNESOTA Council Letter No. 22 Agenda January 25, 1993 Issue Statement: Approval of the 1993 Labor Agreement with Richfield Police Supervisory Association. Background: City staff •has completed negotiations on a Labor Agreement for the year 1993 with the Richfield Police Supervisory Association, subject to Council approval. The bargaining unit is represented by Law Enforcement Labor Services (LELS), a statewide police labor union. The Richfield Police Supervisory Association represents the positions of Police Captain, Lieutenant and Sergeant. There are presently nine employees represented within this unit. The changes which have been negotiated for the 1993 contract are as follows: ? A pay adjustment of 3% effective January 1, 1993. ? A $25 increase in the City's contribution for dependent health insurance, for a maximum of $285 per month. • ? A $2 monthly increase in the City's contribution for single dental insurance, for a maximum of $22 per month. ? A $25 per year increase in the clothing allowance to $450 per employee per year. ? A provision which would convert any accrued Sick Leave to Personal Leave/Short-term Disability for new hires or promotions into this bargaining unit. Current members of the Unit have the Personal Leave/Short-term Disability benefit rather than Sick Leave. Recommended Motion: Adopt a resolution approving a labor agreement with the Richfield Police Supervisory Association for the year 1993. Basis for Recommendation: 1. Wage and benefits settlements are comparable to other City of Richfield employee groups. 2. The package contains a conversion from the former sick leave program, bringing the Supervisors in line with Management, General Services and the Local 49 group with respect to the personal leave program. . 3. The union members have voted on the issues and have given their approval to the settlement. (PE • 4. The settlement proposal appears to be an equitable resolution of the contract for both parties. Alternative Recommendation: Do not approve the labor agreement requiring further negotiations and/or arbitration. Discussion/Decision Mode: In order to allow the City's,accounting personnel to modify payroll records and enact the new pay grades retroactive to January-1, 1993 as quickly as possible, it is recommended that the City Council act on January 25, 1993 to adopt the attached resolution providing for the contract implementation effective January 1, 1993. Respectfully submitted, Prosser James Oaager City JDP:ds • 0 6?c-a RESOLUTION NO. 7861 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE RICHFIELD POLICE SUPERVISORS BARGAINING UNIT LOCAL 162 FOR THE YEAR 1993 WHEREAS, the City Manager and the Richfield Police Supervisory Bargaining Unit Local 162 have reached a complete understanding concerning rates of pay, hours and other conditions of employment for the year 1993; and WHEREAS, the personnel ordinance requires that contracts between the City and the Exclusive Representative of 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 labor agreement between the City of Richfield and the Richfield Police Supervisory Bargaining Unit for the year 1993 and orders the provisions of the labor agreement to be implemented upon signature of the labor agreement referenced herein by representatives of both the Richfield Police Supervisory Unit and the City of Richfield to be effective January 1, 1993. • Adopted by the City Council of the City of Richfield, Minnesota this 25th day of January, 1993. Martin J. Kirsch Mayor ATTEST: Thomas P. Ferber City Clerk 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 21 Agenda January 25, 1993 Issue Statement: Acceptance of the dedication of Girard Avenue extension to the City of Richfield; Cloverleaf site area. Background: In 1982, Lyons, the then owner of the Cloverleaf site, and Erickson, the owner of the Corporate Travel property adjacent to I-35W, entered into an agreement providing for the construction and maintenance of the road which separates their two properties and provides access to 76th Street, and to 78th Street.at Emerson Avenue. The agreement also provides for the dedication of this road to the City at a time when the parties are agreeable. It further provides that the parties agree not to accept compensation when given to the City. As planning for the construction of 77th Street continues, it recently became apparent that a detour of 76th Street traffic will be necessary. For approximately 45 days, an excavation across 76th Street will be necessary to accommodate the installation of a storm sewer line. The most efficient and least disruptive detour route would be to utilize the Girard Avenue Extension and Emerson Avenue. Now would be the appropriate time for the City to accept this private road from the current owners. The north/south roadway segment was built to City standards. The east/west segment was already paved as it provided access to the Cloverleaf Motel. However, as part of the utilization of the road for project detour purposes, the roadway will be upgraded to City standards utilizing 77th Street project funds. For example, the pavement width of the east/west leg will be increased from 18 to 24 feet. The existing asphalt will be overlayed. Erickson has recently indicated an interest in dedicating his interest to the City. The HRA as successor in ownership to Lyons on January 19, indicated an interest in dedicating their portion to the City. The number of linear feet the City would be assuming approximate 1,500. The annual impact on maintenance would be limited to snowplowing. From time to time, it may be necessary to repair a pothole. However, once the detour route is ended, the traffic volumes would diminish to current low levels. The estimated annual maintenance cost to the City is less than $1,000. Recommended Motion: Adopt the attached resolution in which the City Council agrees to accept the proposed dedication of the Girard Avenue extension as a public right of way. Basis of Recommendation: 1. The City is the appropriate manager of roads. 2. The Girard extension provides the most efficient and least disruptive detour route for the 77th Street project. 3. The current owners are willing to dedicate the road to the City without payment. 4. Funds from the 77th Street project are available to upgrade the portion of the road not now to City standards. 5. The maintenance cost impact to the City is negligible. Alternative Recommendation: 1. Reject the recommendation. 2. Delay the recommendation. Discussion/Decision Mode: An affirmative response will permit the finalization of a ,detour route to continue and the timely submittal of additional plans to MnDOT for approval which would help assure a spring construction start. Respectfu y submitted, James Prosser Execut' a Director JDP:ds RESOLUTION NO. ?Pb THE CITY OF RICHFIELD, MINNESOTA RESOLUTION ACCEPTING THE DEDICATION OF A PRIVATE ROAD TO THE CITY OF RICHFIELD WHEREAS, the City is responsible for the maintenance of public streets; and WHEREAS, the Girard Avenue extension was established by a Declaration of Easements and Related Covenants and Revocation of Prior Agreements (Agreement) which was recorded with Hennepin County.as document #4716372 and signed by the then property owners, Erickson and Lyons (Owners); and WHEREAS, the Agreement provides for the establishment, continuation and termination of a private road on the western and southern edges of the site as indicated in attached Exhibit A, to provide access to property owned by Owners; and WHEREAS, the City has a need for a detour route related to the 77th Street Project which route could utilize the private road; and WHEREAS,-the Owners have indicated a willingness to dedicate their portion to the City without a cash payment; and WHEREAS, legal counsel has opined that dedication may be accomplished by a perpetual easement; and WHEREAS, the City Council has considered a staff report on maintenance costs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The dedication to the City by the Owners is acceptable to the City Council. 2. The Mayor and City Manager are directed to effectuate this dedication. Adopted by the City Council of the City of Richfield, Minnesota this 25th day January, 1993. Martin.J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk i! TOPOGRAPHIC 8 LOCATION SURVEY FOR: KORSUNSKY, KRANK, ERICKSON ARCHITECTS, INC. W Z W Q D f? Q Q a EXHIBIT A u a?.c•rt7?_ i°'_Ui ILL =1 L L-!5 N PRIVATE ROAD (\ I Mande Land J*. veying ¦oc. rw. br..nr_.w an . •?O Y.JW -. Y.Y.. •.aw M b,. 6C, CITY OF RICHFIELD, MINNESOTA Council Letter No. 20 Agenda January 25, 1993 Issue Statement: Award of bids for sale and removal of buildings adjacent to 77th Street; 77th Street Project. Background: Thirteen houses, ten garages and a four-plex building were offered for sale and removal in the third round of bid solicitation for Phase I. Advertisements were placed in the Sun- Current, the Star Tribune, and the Construction Bulletin. Letters informing people of-the sale went out to all individuals who had expressed interest, as well as to all state-licensed building movers. An open house was held January 5, 1993. Bid specifications and instructions were available at the open house and at City Hall. Approximately 18 bid packages were distributed. Bids were due and opened on January 19, 1993. Five of the 13 houses, six of the ten garages, and the four-plex were bid upon in the dollar amounts indicated on the attached Exhibit A. No minimum bid was required; separate bids were required for each house and detached garage. The recommended successful bidders are listed on attached Exhibit B. Award letters will be mailed to successful bidders based upon Council approval. The building removal deadline is March 5, 1993. Recommended Motion: Accept the bid tabulation and award a contract for purchase and removal to the highest successful bidders, as indicated on the attached Exhibit B. Basis of Recommendation: 1. The recommended successful bidders for each structure submitted the highest complete bid, as required. 2. All appropriate guidelines were followed. 3. Revenue in the amount of $13,638.00 will be generated as a result of the sale and a significant savings will be realized in demolition costs. Alternative Recommendation: The City Council may choose to reject all bids. Discussion/Decision Mode: March 5, 1993 is the building awarding purchases could delay start of construction on 77th removal deadline. A delay in the removal of buildings and the Street in the late spring. Respectfully submitted, James Prosser Exec ive Director JDP:ds CITY OF RICHFIELD, MINNESOTA ('0C-' Bid Opening January 19, 1993 12:00 Noon 77TH STREET PROJECT - PHASE I Bid No. 19-1-93 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Steven L. Devich, Acting City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for the sale and removal of 13 houses and 10 garages which are part of the 77th Street Project - Phase I, bid no. 19-1-93. The sale was advertised in the official newspaper on December 30, 1992, the Star Tribune on January 3, 1993, Construction Bulletin on January 1, 1993, and made known to state licensed house movers and interested others via letter. Present: Steve Devich, Acting City Clerk Byron Wallace, Community Development Director Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: ;PARCEL ADDRESS , BIDDER ; BID BID # ! SECURITY 15 7638 Dupont (house) ;Otting House Movers ; Money Order ; 6,000.00 *(To be considered at the Feb.8,1993 City Council ;Semple Building Movers; Cashier's ; 10,290.00 ; Meeting) Check 32 7644 Pleasant ; Otting House Movers ; Money Order ; 10.00 ; (four-plex); ;Semple Building Movers; Cashier's ; 1.00 Check 40 7644 Blaisdell; Otting House Movers ; Money Order ; 50.00 ; (house) 41 7645 Blaisdell; Otting House Movers ; Money Order ; 50.00 (house) ;Semple Building Movers; Cashier's ; 1,200.00 ; 44 7644 First ; Paul Smothers ; Money Order ; 5,000.00 ; 48 7644 Second ; Otting House Movers ; Money Order ; 500.00 (house) ; Bid Minutes 1/19/93 (OC_ 0- Page 2 ,PARC EL ADDRESS , BIDDER ; BID ? BID ; ## ; SECURITY 49 7645 Second ; Otting House Movers ; Money Order ; 6,000.00 ; (house) 19 7645 Colfax ; Otting House Movers ; Money Order ; 50.00 ; ( garage ) ; 29 7645 Harriet ; Otting House Movers ; Money Order ; 50.00 ; (garage) 41 7645 Blaisdel l;Semple Building Mover s; Cashier's ; 502.00 ; Check (garage) Roger Zemaitis ; Money Order ; 605.00 ; 46 7644 Stevens ;Semple Building Movers; Cashier's ; 151.00 ; (garage) Check 48 7644 Second ;Semple Building Movers; Cashier's ; 151.00 ; (garage) ! Check 49 7645 Second ;Semple Building Movers; Cashier's ; 151.00 ; (garage) ! Check 18 7644 Colfax ; Clyde Melton ; Money Order ; 10.00 ; (shed) 29 7645 Harriet ; Clyde Melton ; Money Order ; 10.00 ; (shed) ; 30 7644 Grand ; Clyde Melton ; Money Order ;. 20.00 ; (shed) Joseph Fischer ; Money Order ; 200.00 ; The City Clerk announced that the bids would be tabulated and considered at the January 25, 1993 City Council Meeting, except for 7638 Dupont (house) which will be considered at the February 8, 1993 City Council Meeting. Thomas P. Ferber City Clerk 0 9 M .7 EXHIBIT A BIDS SUBMITTED FOR HOUSE SALE & REMOVAL 77TH STREET PROJECT, PHASE I JANUARY 19, 1993 BID OPENING ADDRESS (SF/MF dwellinas) 7612 Emerson Ave. 7625 Emerson Ave. 7638 Dupont Ave. 7644 Bryant Ave. 7645 Harriet Ave. 7644 Grand Ave. 7644 Pleasant Ave. 7644 Wentworth Ave. 7644 Blaisdell Ave. 7645 Blaisdell Ave. 7644 First Ave. 7644 Stevens Ave. 7644 Second Ave. 7645 Second Ave. ADDRESS - Garages 7645 Colfax Ave. 7645 Harriet Ave. 7644 Grand Ave. 7645 Grand Ave. 7645 Wentworth Ave. 7644 Blaisdell Ave. 7645 Blaisdell Ave. BIDDER No bidder No bidder Otting House Movers Semple Building Movers No bidder No bidder No bidder Otting House Movers Semple Building Movers No bidder Otting House Movers Otting House Movers Semple Building Movers Paul Smothers No bidder Otting House Movers Otting House Movers Otting House Movers Otting House Movers No bidder No bidder No bidder No bidder Semple Building Movers Roger Zemaitis (0 a 3 BID AMOUNT 6,000.00 10,290.00 10.00 1.00 50.00 50.00 1,200.00 5,000.00 500.00 6,000.00 50.00 50.00 502.00 605.00 Exhibit A 77th Street Project (p C Page 2 ADDRESS - garages 7644 Stevens Ave. 7644 Second Ave. 7645 Second Ave. ADDRESS - Miscellaneous 7639 Emerson Ave. 7644 Colfax Ave. 7645 Harriet Ave. 7644 Grand Ave. 7644 First Ave. 7645 Third Ave. BIDDER Semple Building Movers Semple Building Movers Semple Building Movers No bidder Clyde Melton Clyde Melton Joseph Fischer Clyde Melton No bidder No bidder BID AMOUNT 151.00 151.00 151.00 10.00 10.00 200.00 20.00 I* 0 EXHIBIT B BIDS RECOMMENDED FOR APPROVAL FOR HOUSE SALE AND REMOVAL 77TH STREET PROJECT, PHASE I JANUARY 19, 1993 BID OPENING ADDRESS (SF/MF dwellings) 7644 Pleasant Ave. 7644 Blaisdell Ave. 7645 Blaisdell Ave. 7644 First Ave. 7644 Second Ave. 7645 Second Ave. ADDRESS - Garages 7645 Colfax Ave. 7645 Harriet Ave. 7645 Blaisdell Ave. 7644 Stevens Ave. 7644 Second Ave. 7645 Second Ave. ADDRESS - Miscellaneous 7644 Colfax Ave. 7645 Harriet Ave. 7644 Grand Ave. BIDDER Otting House Movers Otting House Movers Semple Building Movers Paul Smothers Otting House Movers Otting House Movers Otting Otting Roger Semple Semple Semple House Movers House Movers Lemaitis Building Movers Building Movers Building Movers Clyde Melton Clyde Melton Joseph Fischer (C-5 BID AMOUNT 10.00 50.00 1,200.00 5,000.00 500.00 .6,000.00 50.00 50.00 605.00 151.00 151.00 151.00 10.00 10.00 200.00 Note: The successful bid for the property located at 7638 Dupont Avenue South will be recommended for award approval on February 8, 1993. ? 0 (0B CITY OF RICHFIELD, MINNESOTA Council Letter No.19 Agenda January 25, 1993 Issue Statement: Adoption of resolution establishing just compensation and authorizing the purchase of 7645 14th Avenue; 77th Street project. Background: The owner of 7645 14th Avenue in Phase II of the 77th Street (east of Portland Avenue) is in a situation where purchase of the property now would be beneficial. Recommended Motion: Adopt the attached resolution which does the following: 1. Sets just compensation at $80,000 and authorizes staff to negotiate and purchase the property; and 2. Authorizes the City Manger and Mayor to execute a purchase agreement in the amount of just compensation. Basis of Recommendation: 1. MnDOT and FHWA appraisal procedures were followed. 0 2. Project funds are available from MnDOT and FHWA. Alternative Recommendation: Do not set the purchase price and authorize purchase. Discussion/Decision Mode: Approval at this time would be beneficial to the owner.. Respectfully submitted, Jame Prosser Cit annger JDP:ds 0 RESOLUTION NO. • THE CITY OF RICHFIELD, MINNESOTA RESOLUTION ESTABLISHING JUST COMPENSATION, AUTHORIZING PURCHASE OF REAL PROPERTY 77th STREET PROJECT WHEREAS, the City of Richfield, Minnesota desires to purchase certain real property pursuant to and in furtherance of the 77th Street Project (Project) heretofore adopted by the City of Richfield (City) said real property being described as: Lot 9, Block 4 South View Addition, aka 7645 14th Avenue South WHEREAS, the City has adopted an official map for improvements to 77th Street; and WHEREAS, the improvements to 77th Street necessitate the purchase of real property; and WHEREAS, the City is authorized by Minnesota Statutes to acquire real property within its jurisdiction; and WHEREAS, Minnesota Department of Transportation (MnDOT) and Federal Highway Administration (FHWA) are funding this project; and 40 WHEREAS, the City has caused appraisals of the subject property to be made by qualified independent professional real estate appraisers to determine fair market value; and WHEREAS, a qualified review appraiser has certified the appraisal report as to conformity with appraisal standards and has certified same. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That just compensation is determined to be $80,000. 2. That the City Manager is authorized and directed to commence negotiations for the purchase of said real property. 3. That the City Manager and Mayor are authorized to execute a purchase agreement for the amount of just compensation set forth in this resolution. 4. That the City Manager is hereby directed to notify, in writing, the owners of.subject property as soon as possible that the City intends to acquire his/her property and establish eligibility for relocation benefits. bE)-)- Adopted by the City Council of the City of Richfield, Minnesota this 25th day of January, 1993. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk n U &/4 CITY OF RICHFIELD, MINNESOTA Council Letter No. 18 Agenda January 25, 1993 Issue Statement: Authorization to purchase Video Update, 7645 Nicollet Avenue; 77th Street Project. Background: On July 13, 1992, the City Council authorized purchase of 7645 Nicollet Avenue and set just compensation at $194,371. The owner rejected the offer. Staff suggested the owner retain an appraiser who would prepare an appraisal report. The owner's appraisal report claimed a value of $250,000. (The appraiser was selected by the owner from a list of State approved appraisers). The owner indicated a desire to settle at $232,500. Staff countered with $218,371 after reviewing the owner's appraisal. Negotiations concluded with the owner agreeing to sell at $224,000. Recommended Motion: Adopt the attached resolution which authorizes the purchase of Video Update, 7645 Nicollet Avenue, at $224,000. Basis of Recommendation: 1. The proposed purchase price is below what the City would expect to pay as the result of a Commissioner's award through the condemnation process. is 2. The condemnation process has been initiated on this property to meet the project time schedule. The Council authorized condemnation on November 9, 1992. 3. Federal and State funds are available for the purchase. 4. MnDOT and FHWA (federal) procedures were followed. Alternative Recommendation: 1. Delay action. 2. Reject the proposal. 3. Propose an alternative. Discussion/Decision Mode: Approval would permit the closing to proceed prior to the end of January. JDP:ds Respect lly submitted, Jame . Prosser City pager &/Q-1 RESOLUTION NO. THE CITY OF RICHFIELD, MINNESOTA RESOLUTION AUTHORIZING PURCHASE OF REAL PROPERTY 77TH STREET PROJECT WHEREAS, the City of Richfield, Minnesota desires to purchase certain real property pursuant to and in furtherance of the 77th Street project (Project) heretofore adopted by the City of Richfield (City) said real property located at 7645 Nicollet Avenue, being described as follows: Lots 9 and 10, Block 4, "A. G. Bogen Company's Nicollet Avenue Addition", according to the plat thereof on file or of record in the office of the Registrar of.Titles in and for Hennepin County, Minnesota. WHEREAS, on July 13, 1992, the City did set and approve just compensation for said real property in the amount of $194,371 which was rejected by owner; and and WHEREAS, the owner's appraisal claimed a value of $250,000; WHEREAS, the owner's report was reviewed and consideration • was given to the consequences of a setting a price through the condemnation process. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: That the Mayor and City Manager are authorized to execute a purchase agreement for the amount of $224,000. Adopted by the City Council of the City of Richfield, Minnesota this 25th day of January, 1993. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 4 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 17 Agenda January 25, 1993 Issue Statement: Consideration of a resolution approving the Social Service Agency Committee report and recommendations, and authorizing the City Manager to execute agreement for service with those agencies funded by the City. Background: In 1986, the City established a Social Service Agency Committee to review requests of various agencies seeking funding assistance. The Committee is comprised of members of the Richfield Community Human Services Planning Council and the Richfield Foundation Distribution Committee. Grant applications totalling $19,256 were received. The amount of funding available in the 1993 budget for these agencies is $15,810. ?J The Committee interviewed the applicants on January 14, 1993 and formulated their recommendations. Recommended Motion: Approve the resolution providing funding of certain social service agencies in the following amounts: Senior Outreach Program (Senior Community Services) S 6,000 VEAP Shared Transportation 3,310 Cornerstone Advocacy 3,000 Senior Answer Line Network (Senior Resources, Inc.) 2,000 Share-A-Home (Lutheran Social Services) 1,500 TOTAL $15,810 Basis of Recommendation: 1. The Committee carefully considered the individual requests of each agency and has addressed the community needs and merit of each request. The Committee is sensitive to community concerns and their recommendations should be followed. Alternative Recommendation: 1. Reject the recommendation of the Committee. The City Council would then make their own determinations. q-1 Discussion/Decision Mode: This item has been placed in January 25 1993 City Council will be present to respond to the Presentation Section of the agenda. Members of the Committee any questions from the Council. submitted, RespYanager Jamerosser City JDP:cak Copy: Camillo DeSantis, RCHSPC Chair U RESOLUTION NO. • RESOLUTION AUTHORIZING A REVISION OF THE 1993 BUDGET FOR OTHER AGENCIES DIVISION WHEREAS, the City Council adopted the 1993 budget document on December 9, 1992, appropriating funds for personal services and other expenses and capital outlays for each department of the City for the year 1993; and WHEREAS, the City Manager has requested revision of the 1993 budget appropriation in accordance with Charter provisions for determining the specific allocation of $15,810 of unallocated funds for the Legislative Department - Other Agencies Division of the General Fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: Senior Outreach Program (Senior Community Services) S 6,000 VEAP Shared Transportation 3,310 Cornerstone Advocacy 3,000 Senior Answer Line Network • (Senior Resources, Inc.) 2,000 Share-A-Home (Lutheran Social"Services) 1,500 TOTAL $15,810 BE IT FURTHER RESOLVED that the City Manager be authorized to execute contractual agreement with the above-named agencies summarizing services to be provided to Richfield residents. PASSED by the City Council of the City of Richfield this 25th day of January, 1993. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 4 -3 1992 1993 1993 GRANT REQUEST REC. GRANT Senior Outreach Program (Senior Community Services) $ 5,000 $ 7,490 $ 6,000 VEAP Shared Transportation 4,114 5,000 3,310 Cornerstone Advocacy 3,000 3,000 3,000 Senior Answer Line Network (Senior Resources, Inc.) 2,196 2,266 2,000 Share-A-Home (Lutheran Social Services) 1,500 1,500 1,500 TOTAL $15,810 $19,256 $15,810 U 0 3 CITY OF RICHFIELD, MINNESOTA Council Letter No. 16 Agenda January 25, 1993 Issue Statement: Certificate of Achievement for Excellence in Financial Reporting awarded by the Government Finance Officers Association (GFOA). Background: The City was recently notified that its comprehensive annual financial report for the fiscal year ended December 31, 1991 qualifies for a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. The GFOA, which is responsible for presenting the certification, is a nonprofit, professional association serving 9,500 government finance professionals. The Association provides a variety of technical publications in various fields of government finance and represents the public finance community in Washington, D.C. The specific comprehensive annual financial report was judged by an impartial panel to meet the high standards of the program established by GFOA, including demonstrating a constructive spirit of full disclosure effort to clearly communicate its • financial story and motivate potential persons and users to read the financial report. When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement is also given to the individual designated as primarily responsible for having earned the certificate. This Award of Financial Reporting Achievement has been presented to Bridget Walstrom, the City's new Finance Manager. The 1991 annual financial report represents the first report completed solely by Ms. Walstrom and her staff. Richfield has previously earned the GFOA Certificate of Achievement and Certificate of Conformance for its annual financial reporting for the years 1976, 1978, 1981, 1982, 1984, 1985, 1986, 1987, 1988, 1989 and 1990. Thus, for the City of Richfield, this represents the tenth time since 1980 that the prestigious award has been attained and the eighth straight year that the City of Richfield has received the award. Recommended Motion: It is recommended that the City Council present the Certificate of Achievement for Financial Reporting to Finance Manager Bridget Walstrom on behalf of the Government Finance Officers Association. Basis for Recommendation: 1. The City has been notified by the GFOA that the certificate has been attained and that presentation to Bridget Walstrom would be appropriate. 3-l • 2. The City Council wishes to take such opportunities to recognize achievement of City staff, especially at a public forum, such as a City Council meeting. Alternative Recommendation: 1. The City Council could accept the award and make no mention of it at the Council meeting. Discussion/Decision Mode: Action on this item is suggested for January 25, 1993. Respec submitted, sser James Ya City M JDP:ds 0 0 • GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue, Suite 800, Chicago, Illinois 60601 312/977-9700 • Fax: 312/977-4806 November 13, 1992 Mr. James D. Prosser City. Manager City of Richfield 6700 Portland Avenue South Richfield, Minnesota 55423 Dear Mr. Prosser: We are pleased to notify you that your comprehensive annual finan- cial report for the fiscal year ended December 31, 1991 qualifies for a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement is also presented to the • individual designated by the government as primarily responsible for its having earned the certificate. Enclosed is an Award of Financial Reporting Achievement for: Bridget Walstrom, Finance Manager. The Certificate of Achievement plaque will be shipped under sepa- rate cover in about eight weeks. We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be given to this notable achievement. To assist with this, a sample news release and the 1991 Certificate Program results are enclosed. We hope that your example will encourage other government offi- cials in their_ efforts to achieve and maintain an appropriate standard of excellence in financial reporting. Sincerely, GOVERNMENT FINANCE OFFICERS ASSOCIATION Stephen J. Gauthier Director/Technical SJG/kas • Enclosures Services Center WASHINGTON OFFICE 1750 K Street, N.W., Suite 200, Washington, D.C. 20006 202/429-2750 • Fax: 202/429-2755 • • _O U ? O? au u U •? cl cl r v? w Q o ? Ho ar L? z w w w NO M V V z OM4 ?4 4) ) t3l a 4- y ? V E-.l •'4 w u? z z w O A a O N d b e--I O 44 U a W O U ?=rQQ U? 10 y 3 i d a e N ? ? U 7Z -D P H ? a t'a d N d ° ?4 Q O A u Q ° ' d Q Zt v ? O , ? ,,, o r o° S'ZL C; O C ¢ ?-= O a o•r??? d b d d i . . .. Q o ^ '= u a' O d p? H ? 3 U a 00 A CITY OF RICHFIELD MONDAY, JANUARY 25, 1993 RICHFIELD-BLOOMINGTON WATERSHED MANAGEMENT ORGANIZATION 5:30 P.M. COUNCIL CHAMBERS AGENDA CALL TO ORDER 1. ANNUAL MEETING OF THE RICHFIELD-BLOOMINGTON WATERSHED MANAGEMENT ORGANIZATION COUNCIL LETTER NO. 15 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. • CITY OF RICHFIELD, MINNESOTA Council Letter No. 15 Agenda January 25, 1993 Issue Statement: Annual meeting of the Richfield Bloomington Watershed Management Organization. Background: The Richfield Bloomington Watershed Management District was formed in 1984 to coordinate our stormwater management planning as mandated by the State of Minnesota. In order to maintain local control of stormwater in the southeast portion of the City, Richfield decided to form their own Watershed Management District with Bloomington rather than join an existing Watershed Management District. The tenth annual organizational meeting will be held on Monday, January 25, 1993 at 5:30 p.m. in the Richfield City Council Chambers, 6700 Portland Avenue. The agenda packet for the meeting is attached. Recommended Motion: This Council Letter is for informational purposes; no formal action is necessary as a City Council. However, the attached agenda packet indicates there is some action required of the Board of Commissioners at the January 25 meeting. Basis of Recommendation: 1. The Richfield Bloomington Watershed Management District Board of Commissioners are to hold an annual meeting each year at a time and place determined by the Chair. 2. The meeting has been scheduled on the first available date for all parties and at a time to allow all parties to attend other meetings later in the evening. Alternative Recommendation: None. Discussion/Decision Mode: The annual meeting of the Board of Commissioners for the Richfield Bloomington Watershed Management Organization will be held at 5:30 p.m., Monday, January 25, 1993, in the Richfield City Council Chambers. submitted, sser JDP:ds Attachments RICHFIELD-BLOOMINGTON WATERSHED MANAGEMENT ORGANIZATION DATE: January 19, 1993 TO: Board of Commissioners of the Richfield/Bloomington Water Management Organization (RBWMO) FROM: Carol Johnson, Chair SUBJECT: Scheduling Annual Meeting of the RBWMO The annual meeting of the Richfield Bloomington Water Management Organization (RBWMO) is scheduled for 5:30 p.m., January 25, 1993 in the Richfield City Council Chambers, 6700 Portland Avenue South. A light supper will be served. The meeting should be over by 6:30 p.m. to allow commencement of the 7:00 p.m. City Council meetings for both Richfield and Bloomington. A G E N D A * 1. Approval of minutes of February 24, 1992. (Attached) * 2. Election of officers. * 3. Appointment of Executive Director and Assistant Executive Director. * 4. RBWMO Boundary change and plan revision. - City of Richfield petition to Board of Water and Soil Resources (Attached) - Resolution supporting proposed boundary change (Attached) - RBWMO Plan Amendment to accommodate boundary change. (Attached) 5. Bloomington Stormwater Quality Ordinance 6. Richfield's NPDES Permit Application with Minneapolis 7. Minnesota River Quality Requirements - Met Council Nine Point Plan (Attached) 8. Wetland Conservation Act - Local Government Units (LGU) designation - New rules/public hearings - Five actions taken in Bloomington RBWMO 1993 Agenda January 19, 1993 Page 2 • 9. Local Watershed Management Plans. Awaiting completion of the other WMO plans in the respective cities 10. Projects - 77th Street - "Ring Route" 79th/78th-Street Corridor - Initiate Water Quality Monitoring Purchase of sampling equipment *11. Annual Report (Attached) *12. Information Program - Notice in the Sun (Attached) 13. Insurance - Each city to pay half the cost of insurance 14. Adjournment * Action items 0 ?l Unapproved Minutes Annual Meeting Meeting #9 RICHFIELD-BLOOMINGTON WATERSHED MANAGEMENT ORGANIZATION 5:30 p.m. February 24, 1992 Bloomington City Hall Call to Order Roll Call Approval of Minutes The annual meeting of the Richfield-Bloomington Watershed Management Organization was called to order by Chairman Carol Johnson, who asked that those in attendance introduce themselves. Present: Chairman Johnson, Vice Chairman KristaL Stokes, and Treasurer Coral Houle, Commissioners Andrews, Mahon, Peterson, and Spies of Bloomington, and Commissioners Bullock, Kirsch and Ludeman of Richfield. Absent: Secretary Michael Sandahl and Commissioner Schuler of Bloomington. Also present: Executive Director Michael Eastling of Richfield and Assistant Executive Director Charles HonchelL of Bloomington. Motion was made by Kirsch, seconded by Houle, and all present voting aye, to approve the minutes of the February 4, 1991, annual meeting as presented. The motion carried 11-0. Election of Officers The Chairman asked for nominations from the floor for election of officers. Mahon suggested that the same slate of officers who had served the previous year be elected inasmuch as it was their first year in office. He nominated the following slate: Chairman, Carol Johnson; Vice Chairman, Kristat Stokes; Secretary, Michael Sandahl; and Treasurer, Coral Houle. Motion was made by Mahon, seconded by Kirsch, and all present voting aye, to close the nominations and to instruct the secretary to cast a unanimous ballot for the above slate. The motion carried 11-0. Appointment of Executive The Chairman suggested that the Executive Director and Assistant Executive Director Director and Assistant be reappointed for a second term. She recommended that Michael Eastling, City Engineer Executive Director of Richfield be reappointed Executive Director and Charles HonchelL, Director of Public Works of Bloomington, be reappointed Assistant Executive Director inasmuch as the past year was their first year in those respective roles. Motion was made by Houle, seconded by Andrews, and all present voting aye, to reappoint Michael Eastling of Richfield as Executive Director and Charles HonchelL of Bloomington as Assistant Executive Director. The motion carried 11-0. New Rules from the Assistant Executive Director Charles HonchelL said he has been serving on the state Board of Water and Soil policy committee that has been establishing the Metropolitan Watershed Management Plan- Resources ning Rules. A overview of the eighth draft of these rules was submitted with the agenda material, and he noted that the final planning rules are now in the process of completion. These rules regulate the operation of the water management organizations, and one rule requires the submission of an annual report and audit by every WMO and watershed district in the state to the Minnesota Board of Water and Soil Resources. Executive Director Michael Eastling reviewed the proposed draft of the annual report of the RBWMO. The water issues with which Richfield and Bloomington become involved are those affecting the two cities and water from Richfield crosses under IH-494 to Page 1 February 24, 1992 Bloomington. He said there hasn't been much controversy with stormwater quality issues but a procedure must be set up for resolving any areas of conflict should they occur. Mr. Eastling said the sections of the annual report are numbered in accordance with Part 8410.0150 of the rules to provide for easy reference and cover the.following: (a) membership; (b) staff; (c) 1991 Work Plan; (d) 1992 Work Plan; (e) permits, variances and enforcement; (f) water quality monitoring; (g) local plans; (h) information program; (i) solicitation of or interest for consultant services; (j) expenditure; and (k) wetland banking. He said under (c) the RBWMO Water Management Plan was approved by the Minnesota Board of Water and Soil Resources in 1991 which then directs the member cities to administer the plan. A Local Watershed Management Plan will be prepared after all of the water management organizations of which each city is a part have their water management plans approved. Richfield is awaiting approval of the Nine Mile Creek and Minnehaha Creek Watershed Districts' water management plans while Bloomington is waiting for approval of the Nine Mile Creek, Riley Purgatory and Lower Minnesota Watershed Districts' water management plans. Mr. Eastling said both the Cities of Richfield and Bloomington have stormwater utilities that provide funding for stormwater control activities. The Federal FLoodpLain revision was approved in early 1991, and there are flood insurance requirements around Smith Pond. Both Richfield and Bloomington have requested status as Local Government Units for the purpose of the Wetland Conservation Act of 1991. For the 1992 Work Plan he said as soon as the water management organizations of which Richfield and Bloomington are a part have finished their water management plans, both cities will begin preparation of their Local Water Management Plan. Under the rules for an information program, Mr. Eastling said each WMO must prepare a newsletter or publish in their. local newspaper a public notice that outlines the purpose of the organization, the elements of its annual report, and setting forth the steps to be followed if someone wishes to bring an issue to the organization. He said it is proposed that the public notice for the RBWMO be published in the Sun Current newspaper. Following discussion, motion was made by Andrews, seconded by Ludeman, and all present voting aye, to approve the annual report of the RBWMO and to authorize its submission to the Minnesota Board of Water and Soil Resources. The motion carried 11-0. Motion was made by Houle, seconded by Buttock, and all present voting aye, to approve publication of the public notice that is required in the Sun Current newspaper. The motion carried 11-0. Mr. HoncheLL said when this publication is made, a map will be included so the boundaries of the RBWMO are identified. Because of the amount of information to be published, he said it might require the use of a full page of the newspaper. Mr. Honchell said in 1995 as required by the rules, the RBWMO will be required to update its Watershed Management Plan, and preparation of the Local Water Management Plan for cities will be required two years after approval of the last WMO plan in each city. He said as soon as approval is received of the water management plans for Nine Mile Creek, Minnehaha Creek, Riley Purgatory and Lower Minnesota Watershed Districts both Richfield and Bloomington can begin its Local Water Management Plan. Minnesota River Quality Mr. Eastling said included with the agenda materials was a draft resolution which Requirements addresses the concern of the Metropolitan Council about the water quality of the Lower Minnesota River, and achievement of a 40% reduction in nonpoint pollution by July 1, 1996 to meet state water quality standards. He said all of the watershed districts which drain into the river are being asked to improve the quality of that water. Page 2 February 24, 1992 While approval was given by the Metropolitan Council for the continued operation of the Seneca and Blue Lake sewage treatment plants, he said it was with conditions that include improving the water quality of water entering the Minnesota River. The river drains much of southern Minnesota, including a lot of farm land so it is not just urban water that is polluting the river. He said WMO's are being requested to review a plan to improve the water quality, which he said is difficult to monitor before it reaches the river. After adoption of the resolution, he said WMO's must adopt policies as agreed to in the resolution. Ludeman commented on the wording in the resolution which says the RBWMO will cooperate with the Metropolitan Council to which Mr. Eastling said the first resolution that was received from the Metropolitan Council said the organization would agree to any plan which was presented. He said the Metro Council wants to be assured that the RBWMO will agree to cooperate with them. Following discussion, motion was made by Mahon, seconded by Andrews, and all present voting aye, to adopt the resolution. The motion carried 11-0. Mr. Honchell said Jim Gates, Deputy Director of Public Works for Bloomington, is a member of a committee that is addressing the achievement of the 40% reduction goal. Mr. Gates said agreement has been reached for the 40% reduction at Shakopee. The Metro Council is concentrating its efforts with the three watershed districts upstream draining to the river. The resolution adopted by the RBWMO is for the river downstream of Shakopee. He noted that the Metropolitan Council has stated that improvement of water quality should be included as an amendment to the comprehensive plan of cities. E.P.A. National Mr. Honchell said he and Jim Gates are working with a group that is formulating the Pollutant Discharge requirements for state PCA and national EPA non-point discharge permits. He said Elimination System construction permits would be required if five acres or more of land is disturbed. He (NPDES) Permits said the group has been attempting to establish a general permit that would allow proceeding if a certain set of conditions is met and there was agreement to implement those conditions. Paperwork could be eliminated if a general permit process was approved. He said approval is being sought from the federal government for this process. Mr. Gates said it is hoped that industrial permits could also be handled in this same manner. The deadline has been extended from May 1, 1992, to October 1, 1992. The areas that would be affected by industrial permits would be salt storage areas that are exposed to runoff. Efforts would be made to prevent that runoff from going into the storm sewer system. He noted that the state PCA is the regulatory agency for the EPA in this area, and while the regulations first came out in 1990 everyone is still on a learning curve. He said the PCA is striving for a general permit because it doesn't have the staff or funding to handle many different types. Mr. Gates said cities over 250,000 in population are required now to have a municipal permit and after October 1992 cities from 100,000 to 250,000 in population will be required to obtain a municipal permit. He said cities under 100,000 will be required to have a permit in the future, and this is something that staff is monitoring. Mr. Eastling said the City of Richfield is co-applicant with the City of Minneapolis for a municipal permit because much of Richfield drains to Minneapolis. He said one of the requirements of the permit is sampling of water and this will include rainwater and snow melt. He said Richfield will be able to get a good idea of water quality by monitoring Legion Lake. Wetland Conservation Mr. Eastling said included with the agenda material was a brochure on the Wetland Act Conservation Act of 1991. On the back page is a listing of the interim prohibitions because most of the programs and regulatory provisions in the act do not take effect until July 1, 1993. The interim prohibition begins January 1, 1992, and continues Page 3 February 24, 1992 through July 1, 1993, with a number of exemptions. One role of local government units is to convene a technical evaluation panel and go through a sequencing procedure in reviewing projects affecting wetlands. The Board of Water and Soil Resources will be providing guidelines for local government units for the interim program of the Wetland Conservation Act. He said Richfield and Bloomington are seeking approval to be the local governing unit for this act and other watershed districts are also requesting this authority. Mr. Gates noted that this Wetland Conservation Act doesn't modify protected waters as defined by the State but does encompass other waters not under the jurisdiction of the Department of Natural Resources. He said, for example, the pond at the Ice Garden in Bloomington isn't affected by the DNR but is affected by the requirements of the Wetland Act. He reviewed the features of the Act as detailed in the brochure as well as the timetable for compliance. Projects - Park 'n Fly Mr. Gates reviewed projects in the area covered by the Richfield-Bloomington Watershed and Storm Sewer Management Organization. He said the agreement for the Smith Pond area storm sewer Regulator - Maintenance regulator, which was installed in the Richfield-Bloomington line going under IN-494, was signed with the Minnesota Department of Transportation. When this line is not in use for draining water from IH-494, it drains water from Richfield which would otherwise flow to Smith Pond. He said as a requirement of the agreement, the Bloomington Engineering Division monitored the regulator weekly from March through October and reported to MnDOT on how it functioned,.the amount of debris and so forth. He said the regulator is working very well. Mr. Gates said another project in which Bloomington was involved was with a Park 'n Fly facility where a water quality pond on the site was established to capture the runoff from the lot. He said guidelines have been established for developments such as this and a water quality policy is being prepared. That policy will be brought to the Bloomington City Council for adoption when it is ready. Insurance The Chairman indicated that the topic of insurance for both cities in the WMO was discussed last year. Mr. Eastling said payment of the insurance of $2,291 last year was handled by each city paying half of the premium. Therefore, there were no disbursements by the organization so no audit is required. He said his recommendation would be that the insurance for next year be handled in the same manner. Following discussion, motion was made by Houle, seconded by Ludeman, and all present voting aye, to maintain the present policy of each city paying for its own insurance. The motion carried 11-0. Amendment of Bylaws The Richfietd-Bloomington Watershed Management organization was requested to consider an amendment to the bylaws to allow the annual meeting to be held any time in the first quarter of the year. The bylaws presently require that the annual meeting be held in January. Proper notice of the proposed amerximent was sent to the members in advance of the meeting as required by its parliamentary authority. Following discussion, motion was made by Ludeman, seconded by Buttock, and all present voting aye, to adopt the proposed amendment to the bylaws. The motion carried 11-0. Adjourn Meeting The meeting was adjourned by Chairman Johnson at 6:25 p.m. The motion carried 11-0. The Executive Director indicated that next year's meeting would be hosted by the City of Richfield at the Richfield City Hatt. Evelynne Thompson Acting Secretary 0 Page 4 February 24, 1992 # Y? 0 PETITION FOR CHANGE IN WATERSHED DISTRICT BOUNDARY TO: Secretary of the Minnesota Board of Water and Soil Resources Please consider this document as a formal petition to the Board of Water and Soil Resources to change a portion of the watershed boundary of the Minnehaha Creek District, the Nine Mile Creek Watershed District and the Richfield-Bloomington Water Management Organization. This request is made in accordance with MINNESOTA STATUES SECTION 103D.251. This request is made based on the following findings: 1. The Watershed Districts or Water Management Organization affected by the proposed boundary change includes the Minnehaha Creek Watershed District, the Nine Mile Creek Watershed District, and the Richfield-Bloomington Water Management Organization. 2. The property affected by the proposed boundary change includes areas tributary to Wood Lake and a limited area along 77th Street within the City of Richfield that would be directed to drain into Wood Lake instead of Nine Mile Creek as part of a 77th Street improvement project. As part of this improvement project, the Wood Lake outlet would also be constructed. 3. The proposed boundary change will benefit the Richfield-Bloomington WMO by making its legal boundary consistent with both the actual existing watershed boundary and the actual watershed boundary which will exist with the construction of planned drainage improvements. The proposed boundary change will benefit the Minnehaha Creek Watershed District and Nine Mile Creek Watershed District for the same reasons. 4. The drainage area tributary to Wood Lake as described in Exhibit A lies within the boundaries of the Minnehaha Creek Watershed District, but does not have an outlet to Minnehaha Creek and has never contributed surface water runoff to Minnehaha Creek. 5. The area tributary to Wood Lake has not in the past, and will not in the future contribute runoff to Minnehaha Creek and has not received any benefits from the operation of the Watershed District that cannot be provided in the future by the Richfield-Bloomington WMO. 111 6. All proposed future drainage improvement projects for the area involved by the proposed boundary change will affect only the Richfield-Bloomington Water Management Organization and the Nine Mile Creek Watershed District and will not affect or contribute drainage to the Minnehaha Creek Watershed District. Therefore, all of the affected water management organizations and watershed districts will benefit by avoiding the administrative effort and expense which would be required in permitting and coordination of projects which will result if boundaries are not changed. 7. The Minnehaha Creek Watershed District can perform the functions for which it was established without the inclusion of this territory. NOW, THEREFORE, BE IT RESOLVED by the CITY OF RICHFIELD that the Minnesota Water Board of Water and Soil Resources is requested to approve the change in boundary described in Exhibit A. Adopted by the Richfield City Council this 7th day of December . 1992. CITY OF RICHFIELD „ BY It's Mayor (4?M ? BY It anager ;t? (?t RESOLUTION NO. 93.1 SUPPORTING THE WATERSHED BOUNDARY CHANGE ADDING THE AREA TRIBUTARY TO WOOD LAKE TO THE RICHFIELD BLOOMINGTON WATER MANAGEMENT ORGANIZATION WHEREAS, the property affected by the proposed boundary change includes the area tributary to Wood Lake as well as a limited approximate 100 acre area along 77th Street that would be directed into Wood Lake instead of Nine Mile Creek as part of a 77th Street improvement project. WHEREAS, an outlet to Wood Lake would be constructed as part of the 77th Street improvement project. WHEREAS, the proposed boundary change will benefit the Richfield Bloomington WMO by making its legal boundary consistent with the actual watershed boundary which will exist with the construction of planned drainage improvements. WHEREAS, all proposed future drainage improvement projects for the area involved by the proposed boundary change will affect only the Richfield Bloomington WMO and the Nine Mile Creek Watershed District and will not affect or contribute drainage to the Minnehaha Creek Watershed District. WHEREAS, all of the affected water management organizations and watershed districts will benefit by avoiding the administrative effort and expense which would be required in permitting and coordination of projects which will result if boundaries are not changed. NOW, THEREFORE, be it resolved by the Richfield Bloomington Water Management Organization that the Minnesota Board of Water and Soil Resources is requested to approve the change in boundary being requested by the City of Richfield in their petition of December 7, 1992, and that the 77th Street Project is approved. Richfield Bloomington Water Management Organization Chair ATTEST: Secretary 0 ??fG ADDENDUM 0 This is an addendum to the Richfield - Bloomington Watershed Management Plan, dated January 1991. This addendum reflects changes to the Richfield Bloomington WMO plan that are necessary in order to incorporate the Wood Lake and its tributary drainage area into its legal boundaries. ( see figure 1A) This change is necessary as a result of an outlet which is to be constructed in Wood Lake that would take water from Wood Lake south to the I-494 storm drainage system. The changes are outlined below for each section of the WMO plan. I. INTRODUCTION Section I-B, General Information, Sentence No. 5: Currently States: "The Richfield - Bloomington Watershed area comprises portions of eastern Bloomington and southeastern Richfield, as shown on Figure 1." Replace With: "The Richfield - Bloomington Watershed area comprises portions of eastern Bloomington and the south half of Richfield, as shown on Figure 1 and Figure 1B." Section I-B, General Information, Sentence No. 7: Currently States: "The total area is approximately 4 1/2 square miles." Replace With: "The total area is approximately 6 1/2 miles." II. PHYSICAL ENVIRONMENT AND LAND USE Section II-A, Geology and Topography, Sentence No. 3: Currently States: "Figure 2 shows a composite geologic column and bedrock type and contours". Page 1 Replace With: "Figure 2 and Figure 2A show a composite geologic column and bedrock type and contours". Section II-A, Geology and Topography, last sentence: Currently States: "The topography of the area is shown on Figure 3". Replace With: "The topography of the area is shown on Figure 3 and Figure 3A." Section II-C, Land Use, Sentence No. 5: Currently States: "Projected land use is shown on Figure 4." Replace With: This sentence should now read "Projected land use is shown on Figure 4 and Figure 4.A." 0 Section II-D, Fish and Wildlife: Replace existing paragraph with: "The Richfield - Bloomington Watershed Management area, being 100% urban, supports small numbers of wildlife. Parks and open space are generally too small and well manicured to support more than typical squirrels and song birds. The only exception to this being the Wood Lake Nature Reserve, which supports a small number of deer, pheasants and water fowl. Typically, when larger animals wander into the area, it is usually considered more of a nuisance than an amenity. The ponds in the area are used by migratory water fowl, but are either too small or too shallow to support game fish populations." III. THE HYDROLOGIC SYSTEM Section III-A.1 Drainage Patterns, First Paragraph, Sentence No. 5: Currently States: "Figure 5 shows features of the surface water drainage system." Page 2 Replace With: "Figure 5 and Figure 5A show the features of the surface water drainage system." Section III-A.1, Drainage Patterns, Paragraph 10: Currently States: "The existing ponds are shown on Figure 5 along with the existing storm sewers." Replace With: "The existing ponds are shown on Figure 5 and, Figure 5A along with the existing storm sewers." Section III A.1, Drainage Patterns: Insert after Paragraph 10: "Wood Lake is located east of I 35W north of the intersection of 1-35W and 71st Street, and south of the intersection of I-35W and 66th Street. This lake is approximately 120 acres in area and receives drainage from two square miles in Richfield. Wood Lake is designated 26 P by the Minnesota DNR. At this time, Wood Lake is currently a landlocked basin having no surface outlet. The current normal water level for Wood Lake typically ranges from elevation 818.5 to 820.0. There currently are plans to construct an outlet from Wood Lake, which would take water from Wood Lake south to the I-494 storm drainage system via Humboldt Avenue". Section III-A.2, Hydrologic Analysis, first paragraph, Sentence No. 7: Currently States: "The combined results of the analysis are shown on Figure 6 and presented in the detailed tabulation of hydrology which is provided in the Appendix." Replace With: "The combined results of the analysis are shown on Figure 6 and Figure 6A and presented in the detailed tabulation of hydrology which is provided in the Appendix." Section III-A.2, Hydrologic Analysis, Second Paragraph, Sentence No. 1: 0 Page 3 Currently States: "Some of the flood level and peak outflow values in Figure 6 and in the detailed tabulation of hydrology are not current". Replace With: "Some of the flood level and peak outflow values in Figure 6 and Figure 6A in the detailed tabulation of hydrology are not current." Section III-A.2, Hydrologic Analysis, fifth paragraph,. last sentence: Currently States: "These locations are shown on Figure 6". Replace With: "These locations are shown on Figure 6 and Figure 6A." Section III-A.2, Hydrologic Analysis, eleventh paragraph, Sentence No. 3: Current reads: "These locations, along with the 100 year flood elevation, are shown on Figure 6". Replace With: "These locations, along with the 100 year flood elevation, are shown on Figure 6 and Figure 6A. Section III-A.2, paragraph 14, Sentence 5: Currently States: "Flooding was extensive in Bloomington and Richfield, and virtually all the flood hazard locations shown on Figure 6". Replace With: "Flooding was extensive in Bloomington and Richfield, and virtually all flood hazard locations shown on Figure 6 and Figure 6A." Section III-B.1, features, Sentence 1: Currently States: "The water table below the Richfield Bloomington Watershed Management Area varies between elevation 790 and 820, as shown on Figure 7". Page 4 Replace With: "The water table below the Richfield Bloomington Watershed Management Area varies between elevation 790 and 820, as shown on Figure 7 and Figure 7A". IV OBJECTIVES AND POLICIES There are no changes required in this section of the Water Management Plan. V. THE MANAGEMENT PLAN ,Add Section V.F, Wood Lake: States: Wood Lake and its surrounding tributary drainage area encompasses two square miles. Currently Wood Lake is a land locked basin with no surface outlet. There currently are plans for storm sewer improvements within the Wood Lake drainage area. These storm sewer improvements will be included in the 77th Street Improvement project. The 77th Street Improvement Project includes • solving -minor flooding problems that currently exist along 77th Street and the areas tributary to this drainage system. The water in this drainage area, which currently drains southeast to Penn Lake, would be collected and conveyed north to Wood Lake as part of this improvement. As part of this project, an outlet would then be constructed from Wood Lake, taking water to the south along Humboldt Avenue, then east along 77th Street to Colfax Avenue, where it would tie into the existing and the future I-494 storm drainage system. This project would relieve current water quantity problems along the 77th Street drainage corridor and provide Wood Lake with a positive water outlet. 0 Page 5 : 4-- " E Met Council Nine Point Plan 1. Local governments in the Minnesota River Basin must adopt design standards for new stormwater ponds that will reduce the contaminant loadings from surface water runoff. One set of design criteria that is widely accepted is from the National Urban Runoff Program (NURP). Appendix A is attached and describes NURP designed pond performance standards. These criteria, or similar specifications which are equally effective, should be incorporated in the stormwater plan of every local government in the Minnesota River Basin. At the present time, this policy does not direct the retrofitting of existing stormwatcr ponds. 2. Local governments in the Minnesota River Basin must also include in their stormwater plans the MPCA's urban "best management practices," titled Protecting Water Quality in Urban Areas or an equivalent set of standards. These standards are to be used for all new or redeveloped land development. These local governments must also notify their residents of the EPAIMPCA 40 percent reduction goal, "best management practices" to achieve this goal and available resources if additional information is needed. 3. All local governments in the Minnesota River Basin must adopt the Department of Natural Resources' shoreland regulations as found in the Statewide Standards for Management of Shoreland Areas as prescribed by the timeline in (Minnesota Regulations Parts 6120.2500 - 6120.3900) and consistent with the DNR's implementation strategy. Local governments should work with the DNR to determine the most effective way to implement the DNR's shoreland regulations. 4. All local governments in the Minnesota River Basin must adopt as part of their comprehensive plans and official controls the measures described in items 1 and 2 by September 30, 1992. Each local government should notify the affected Watershed Management Organizations of its intentions to comply with items 1 and 2. 5. After September 30, 1992, the Council may require modification of plan amendments that involve land use activities. that would generate surface water runoff, unless the local government has adopted the interim measures described in items 1 through 3. The Council will not require a plan modification regarding nonpoint source pollution if a local government has adopted NURP standards and MPCA's "best management practices" by September 30, 1992, and is following the DNR's shoreland regulation implementation strategy. 6. The Metropolitan Council will continue to develop target pollution loads for all watersheds in the Twin Cities Metropolitan Area. 7. The Association of Metropolitan Municipalities will advise its member cities of the urgent need to implement runoff and land management practices that improve the quality of direct and indirect runoff discharges to the Minnesota River and of the consequences to the region of failing to meet the EPA/MPCA 40 percent reduction goal by 1996. 0 8. The Metropolitan Council and the Association of Metropolitan Municipalities will work with State of Minnesota agencies to reduce nonpoint source pollution to area water bodies in Greater Minnesota. 9. The Metropolitan Council and the Association of Metropolitan Municipalities will monitor the effectiveness of the above-mentioned interim steps to address the nonpoint source pollution problem in the Minnesota River Basin. If sufficient progress has not been made by 1994 to reduce nonpoint source pollution to the Minnesota River, the Metropolitan Council and the Association of Metropolitan Municipalities will work to devise a solution designed to meet the EPA/MPCA goal of 40 percent reduction by 1996. G :1U S ER\11 E 1702 SCR L-VISE-1):4.23.92 0 0 -PP// RICHFIELD-BLOOMINGTON WATERSHED MANAGEMENT ORGANIZATION 1992 ANNUAL REPORT Table of Contents I. Financial Report II. Activity Report (Subsection of this report are lettered to be consistent with Board of Water and Soil Resources (BWSR) rules 8410.0150 to allow easy reference) A. B. C. D. • E. F. G. Membership Staff 1992 Work Plan 1993 Work Plan Permits, Variances and Enforcement Water Quality Monitoring Local Plans H. Information Program I. Solicitation for Interest for Consultant Services J. Expenditures K.' Wetland Banking 0 I. FINANCIAL REPORT The RBWMO has not expended or accrued funds during the fiscal year ending December 31, 1992. So, no financial or audit reports are needed. Richfield and Bloomington budgeted and expended over $1.1 million and $3.1 million in their respective storm drainage utilities in 1992 to manage and control storm water. II. ACTIVITY REPORT A. Membership Name Representing Carol Johnson, Chair Bloomington Coral Houle, Treasurer Bloomington Jim Andrews Bloomington Martin Kirsch Richfield Neil Peterson Bloomington Donald Priebe Richfield Susan Rosenberg Richfield Michael Sandahl, Secretary Richfield Charles Schuler Bloomington Tom Spies Bloomington Russell Susag Richfield 1992 Outgoing Members Bill Bullock Richfield Ivan Ludeman Richfield Mark Mahon Bloomington Kristal Stokes, Vice Chair Richfield Richfield members can be contacted at: Richfield City Hall 6700 Portland Avenue South Richfield, MN 55423 Phone: 861-9700 Bloomington members can be contacted at: Bloomington City Hall 2215 W. Old Shakopee Road Bloomington, MN 5543.1 Phone: 881-5811 B. Staff Executive Director: Michael Eastling Richfield City Engineer 6700 Portland Avenue South Richfield, MN 55423 Phone: 861-9792 Assistant Executive Director: Charles Honchell Bloomington Director of Public Works 2215 W. Old Shakopee Road Bloomington, MN 55431 Phone: 881-5811 The city staffs for both cities cooperate to provide necessary staff support for the Water Management Organization (WMO). C. 1992 Work Plan The BWSR approved RBWMO plan directs the member cities to administer the plan. The storm water management efforts of each city will eventually be codified in their respective Local Watershed Management Plan. This plan will not be finalized until after all the WMO's of which each city is a member has their WMP approved by BWSR. State law gives cities two years following the approval of the last WMO WMP within their boundary. Richfield is awaiting approval of Nine Mile Creek and Minnehaha Creek Watershed Districts WMP's. Bloomington is awaiting approval of Nine Mile Creek, Riley Purgatory, and Lower Minnesota. In addition to the regular review and permitting authority afforded all cities, both cities have storm water utilities which provide a reliable funding source for storm water control activities. Both cities have requested status as Local Governmental Units (LGU) from BWSR for purpose of the Wetland • Conservation Act of 1991. Bloomington has enacted a Stormwater Quality Ordinance. Richfield has prepared a stormwater management plan for the area of Richfield included in the NPDES application made with Minneapolis. Many of the same management practices will also be applied to the area within the RBWMO. Richfield has petitioned BWSR to request a change in the boundaries of the RBWMO to include the area tributary to Wood Lake. The petition was precipitated by a proposed project to provide an outlet to Wood Lake directing the flow of the outlet to the RBWMO. A RBWMO plan amendment has been drafted for consideration after BWSR acts on the petition. D. 1993 Work Plan If the BWSR approves the proposed boundary change, both member cities will promptly consider an amendment to the official plan of the RBWMO and have the member cities act on the amendment as soon as possible. Such an amendment would then be processed to the BWSR. Assuming that all the WMO's of which Richfield and is Bloomington are amember have approved WMP's, both cities will be finalizing their local WMP's. Bloomington and Richfield will be performing water quality monitoring with new sampling equipment in 1993. The Board of the RBWMO will review and act on a plan amendment to accomodate the Wood Lake boundary change following BWSA approval of the changes. E. Permits, Variances and Enforcement Bloomington has had five actions persuant to their status as an LGU for administration of the interim rules for the Wetland Conservation Act. F. Water Quality Monitoring Bloomington and Richfield will be monitoring stormwater quality in 1993 with new samples. RBWMO agreed by resolution to cooperate with Met Council and the Minnesota Pollution Control Agency in their efforts to meet their commitment to the EPA to reduce nonpoint pollution to the Minnesota River by 40%. G. Local Plans, Will be prepared upon approval of the remaining WMP's for the WMO's in Richfield and Bloomington. • Considerable base information is being compiled to assist in this upcoming endeavor. H. Information Program A copy of the publication in the Bloomington and Richfield Sun is attached. I. Solicitation for Interest for Consultant Services No consultant sources were used by the RBWMO in 1992. J. Expenditures There were no RBWMO expenditures in 1992. K. Wetland Banking A wetland banking program for each city as LGU to implement the regulation is being investigated for potential implementation. 0 :?Kp- PUBLIC NOTICE CONCERNING THE RICHFIELD-BLOOMINGTON WATERSHED MANAGEMENT ORGANIZATION The Richfield-Bloomington Watershed Management Organization (RBWMO) is a joint powers agreement between the cities of Richfield and Bloomington. The organization was established to manage natural water drainage and retention occurring in approximately a 4 ? square mile, contiguous area that comprises portions of eastern Bloomington and southeastern Richfield. A map of the area is shown below: (map of area to be inserted here) The intent of the organization is to address water drainage issues within the watershed that are inter-governmental, rather than local (specific to one community or the other), in scope. Goals of the organization include the following: ? Protecting, preserving, and using natural surface and groundwater storage and retention systems; ? Minimizing public capital expenditures needed to correct flooding and water quality problems; ? Identifying and planning for means to effectively protect and improve surface and groundwater quality; ? Establishing more uniform local policies and official . controls for surface and groundwater management; ? Preventing erosion of soil into surface water systems; ? Protecting and enhancing fish and wildlife habitat and water recreational facilities; and ? Securing the other benefits associated with the proper management of surface and ground water within the Richfield- Bloomington Watershed. The RBWMO meets at least once a year in the first 90 days of each year, at which time the Board elects officers and conducts necessary business. The annual meeting is open to the public. Commissioners of the RBWMO Board are all members of the Richfield and Bloomington City Councils. Current members of the RBWMO Board are as follows: Name Representing Carol Johnson, Chair Bloomington Michael Sandahl, Secretary Richfield .Coral Houle, Treasurer Bloomington Jim Andrews Bloomington Martin Kirsch Richfield Neil Peterson Bloomington Donald Priebe Richfield Susan Rosenberg Richfield Charles Schuler Bloomington . Tom Spies Bloomington Russell Susag Richfield 1992 Outaoina Members • Bill Bullock Ivan Ludeman Mark Mahon Kristal Stokes, Vice Richfield Richfield Bloomington Chair Richfield Michael Eastling, City Engineer for Richfield, is the current (1993) Executive Director of the RBWMO. Charles Honchell, Director of Public Works for Bloomington, is the 1993 Assistant Executive Director. The RBWMO has no direct expenses. Each city budgets and expends funds in their respective storm drainage utilities to cover costs associated with watershed drainage. The RBWMO's Watershed Management Plan was approved by the Board of Water and Soil Resources (BWSR) in 1991. Once approved by the RBWMO Board of Commissioners, the Plan will remain effective until 1995. The plan discusses the physical environment, land use and development in the RBWMO area; discusses geologic and hydrologic features of the watershed district; sets forth a management plan for the district, including the water qualities that will be sought and opportunities for improvement; describes the objectives and policies of the RBWMO; and, sets forth an implementation program consistent with the management plan. The City of Richfield has submitted a petition to the BWSR to request that the area tributary to Wood Lake be added to the RBWMO. The petition was precipitated by a proposed project to provide an outlet to Wood Lake directing the flow of the outlet to the RBWMO. The BWSR will likely make a decision on the requested in 1993. Both cities serve as the Local Governmental Unit in their respective communities for enforcement of the interim regulations of the State Wetland Conservation Act of 1991. Richfield is participating with the City of Minneapolis in obtaining a National Pollutant Discharge Elimination System permit for the northern portion of Richfield that drains into the City of Minneapolis. This permit is required of all cities with a population over 250,000. Bloomington has adopted an ordinance requiring most properties that construct one acre or more of impervious area, or do major reconstruction, to provide ponding or funding for both water quality and water quantity aspects of stormwater management. Richfield and Bloomington residents can obtain additional • information about the RBWMO, view the Watershed Management Plan, and/or contact their RBWMO commissioner by calling their city halls. Addresses and phone numbers for both locations are listed below: Richfield City Hall 6700 Portland Avenue South Richfield, MN 55423 861-9700 Bloomington City Hall 2215 W. Old Shakopee Road Bloomington, MN 55431 881-5811 For publication in the Richfield Sun. • 0 D r m u N O O O • co W W O O O 1 -1 -1 CL a a (D (D (D -3 ? S' D =r w Or (D :3 Z (:D3. CD n 0 I (D (D Ch O -1 CD (D w ? CD U) ? (D CL C ( In ::r a ch S (D a L?fhk Cem cn Z F- W Q Z OC F- W 2 Q V Z w Z ? Q o O Z m o Q J ? Z m o ' o w t- o = C< ? U5 N _ cc F. UL w Q = F- ? U rir Q ? ? n ? L cn N L N fill ri Iti J I- I r .5. t J'i_.5 IAIVF IV_•. Tiailrr L f ?r I' I ? °r ? /LI r ti[? n iii i? ti r li e-"•.:? ? ? r¦ 1 .? --tj / Cyl II I ~? ark ed C?I? ?