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01-10-06 RegularCITY OF RICHFIELD, MINNESOTA TUESDAY, JANUARY 10, 2006 SPECIAL CITY COUNCIL WORKSESSION COUNCIL CHAMBERS 6700 PORTLAND AVENUE 4:30 P.M. Call to order Roll call 4:30 - 6:20 p. m. 1. Discussion regarding City of Richfield key financial. strategies (Council. Memo No. 3) Notes: Adjournment REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 6700 PORTLAND AVENUE 6:30 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: _ __ Pledge of Allegiance Approval of minutes of (1) Special City Council Meeting of December 5, 2005; (2) Special City Council Meeting of December 10, 2005; (3) Special Concurrent City Council/Planning Commission Worksession of December 13, 2005; and (4) Regular City Council Meeting of December 13, 2005 PRESENTATION 1. Presentation of Richfield Public Safety Police awards to Sergeant Joseph Griffin and Officer Gregory Peterson (Council Memo No. 4) Notes: COUNCIL DISCUSSION 2. Council discussion Hats Off. To Hometown Flits Notes: AGENDA APPROVAL 3. Council approval of agenda CONSENT CALENDAR 4. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of designating Acting City Manager when City Manager absent from City in 2006 S.R. No. 1 B. Consideration of approval of resolution designating Richfield Sun Current as official newspaper and Minneapolis Star Tribune as second official newspaper for 2006 S.R. No. 2 C. Consideration of approval of resolution regarding attendance by City Council Members at City Council meetings for 2006 S.R. No. 3 D. Consideration of approval of resolution designating official depositories, including approval of collateral, for 2006 S.R. No. 4 E. Consideration of approval of resolution providing funding of certain human service agencies for 2006 in total amount of $93,570 S.R. No. 5 F. Consideration of approval of resolution pertaining to filing of Pay Equity Report with Minnesota Department of Employee Relations S.R. No. 6 G. Consideration of approval of resolution granting subdivision waiver for 6646 Newton Avenue to create two single family lots S.R. No. 7 H. Consideration of approval of resolution authorizing Public Safety's acceptance of $25,114 Justice Assistance Grant from U.S. Department of Justice S.R. No. 8 I. Consideration of approval of continuing agreement with City of Bloormington for 2006 public health services for City of Richfield S.R. No. 9 Notes: 5. Consideration of items, if any, removed from Consent Calendar Notes: 6. Consideration of: Division of question and amend proposed ordinance as presented by removing rezoning of 200 78th Street West, 7700 Pillsbury Avenue, 7701 Pillsbury Avenue, 7709 Pillsbury Avenue, 7715 Pillsbury Avenue, 7717 Pillsbury Avenue, 7721 Pillsbury Avenue, 7700 Wentworth Avenue, 7720 Wentworth Avenue, 100 78th Street West, 1400 78th Street East, 1420 78th Street East, 1500 78th Street East, 7700 Bloomington Avenue and 7711 14th Avenue and create separate ordinance; and • Continue public hearing and second reading regarding these certain property rezonings as separate ordinance until March 28, 2006; and • Conduct and close public hearing regarding second reading of amendments and additions to Richfield Zoning Code Sections 506.07, 516.01, 530 and Appendix 1 to create Mixed Use Regional, Mixed Use Commercial and Mixed Use Neighborhood Districts and amend zoning district boundaries, as amended in previous motion; and • Resolution authorizing summary publication of ordinance that received second reading Staff Report No. 10 Notes: RESOLUTIONS 7. Consideration of resolution approving 2006-2007 labor agreement between City of Richfield and Police Supervisors Law Enforcement Labor Services Local 162 Staff Report No. 11 Notes: 8. Consideration of resolution supporting Constitutional amendment for dedicating 100% of motor vehicle sales tax revenue to highway and public transit purposes Sfiaff Report No. 12 Notes: OTHER BUSINESS 9. Consideration of designation of Mayor Pro Tempore for 2006 Staff Report No. 13 Notes: 10. Consideration of designation of Mayor's appointment of Housing and Redevelopment Authority Commissioner to fill unexpired term Staff Report No. 14 Notes: Notes: 11. Consideration of designation of representatives to serve. as 2006 liaisons to various metropolitan agencies and City commissions Staff Report No. 15 Notes: 12. Consideration of designation of Council Member(s) to attend March 2006 National League of Cities Congressional Conference; 2006 N.O.I.S.E. Conference and December 2006 National League of Cities Congress of Cities Conference Staff Report No. 16 Notes: CITY MANAGER'S REPORT 13. City Manager's report Notes: 14. Claims and payrolls Open forum (additional 15 minutes if more time needed after first Open Forum and by majority vote of the City Council) Each speaker is to keep their comment period to-three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. AGENDA SECTION: .Consent AGENDA ITEM # 4A REPORT # ~~ STAFF REPORT CITY COUNCIL MEETING JANUARY 10, 2006 REPORT PREPARED BY: CHERYL KRUMHOLZ, EXEC. COORDINATOR. NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a designation of an Acting -City Manager for 2006. I. RECOMMENDED ACTION: By Motion: Direct the City Manager to designate an available. Department Director or the Assistant to the City Manager as Acting City Manager for 2006 in the event the City Manager is absent from the City. II. BACKGROUND It is necessary to designate a person to serve as the Acting City Manager for those times when the City Manager is absent from the City. In 2005, the City Manager- . designated various Department Directors or the Assistant to the City Manager as Acting City Manager. III. -BASIS OF RECOMMENDATION A. POLICY • Past practice has been for the City Council to designate an Acting City Manager for times when the City .Manager is absent from the City. • In 2005, the City Manager designated various Department Directors or the Assistant to the City Manager as Acting City Manager. 0110CityManager B. CRITICAL ISSUES It is necessary to designate a person to serve as the Acting City Manager to ensure continuation of City operations during an absence of the Manager. IV. ALTERNATIVE RECOMMENDATION~S~ • Defer this designation to another Council meeting V. PRINCIPAL PARTIES EXPECTED AT MEETING • None. AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING JANUARY" 10, 2006 Consent 4B 2 REPORT PREPARED BY: NANCY GIBBS, CITY CLERK N~tME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution designating an official newspaper for 2006. I. RECOMMENDED ACTION: By Motion: Approve the resolution designating for 2006 the Richfield Sun-Current as the official newspaper and the Minneapolis Star Tribune as the second official newspaper for the City of Richfield II. BACKGROUND The Richfield Sun-Current, published by Minnesota Sun Publications, has been the City's officia! newspaper for many years. Attached is a copy of a letter from Minnesota Sun Publications requesting that they be designated the official newspaper for the City of Richfield for 2006. The 2006 advertising rate structure for legal notices is as follows: 1 Column width $14.30 per inch $ 7.15 per subsequent inch There are 11 lines per inch. The 2005 rate was the same as the rate proposed for 2006. 0110newspaper For 2006, the Minneapolis Star Tribune should be considered as the second official newspaper to be used only in rare situations where more timely publication dates are required. The 2006 advertising rate structure for legal notices in the Sunday and week day, metro and statewide, issues is $4.75 per line. The 2005 rate was $4.75 per line. III. BASIS OF RECOMMENDATION A. POLICY • The Charter of the City of Richfield requires in Section 13.01 thereof that the City Council annually designate an official newspaper for the City. • The Sun-Current has expressed an interest in continuing to serve as the official newspaper of the City. • The Sun-Current has served well as the official paper for many years. • The Sun-Current is delivered to nearly all residences in the City. B. CRITICAL ISSUES • The designation must be made at the first meeting of the new year. C. FINANCIAL • The cost of the official publication is reasonable. D. LEGAL • A newspaper must be designated each year by the City for publication of all official and legal City business. IV. ALTERNATIVE RECOMMENDATION~S~ • Not make a designation and request the City Clerk's office to check into using another publication. V. ATTACHMENTS • Resolution Letter from Minnesota Sun Publications Fax from Star Tribune VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ~ .F RESOLUTION NO. :RESOLUTION DESIGNATING AN OFFICIAL NEWSPAPER FOR 2006 WHEREAS, the Charter of the City of Richfield requires in Section 13.01 thereof that the City Council annually designate an official newspaper for the City. NOW, THEREFORE, BE IT RESOLVED that the Richfield Sun-Current is designated the official legal newspaper for the City of Richfield for 2006 for all publications required to be published therein. BE IT FURTEHER RESOLVED that the Minneapolis Star Tribune is designated as the City of Richfield's second official newspaper for 2006. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of January, 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs; City Clerk November 15, 2005 City of Richfield City Council 6700 Portland Avenue Richfield, MN 55423-2599 Dear City Council Members: _C~/ °~- ~. ...:'r.;:;; . ~~ °`';c= newspapers The Richfield Sun-Current would like to be considered for designation as the legal newspaper for the Gity of Richfield for the year 2006. All published legal notices are posted on our website (www.mnsun.com) at no additional charge. This is an enhancement to the local news coverage already available on the Internet and will broaden the readership of your legal notices. One of the main benefits. of publishing your legal notices with the Sun-Current is our home delivery. Sun Newspapers has become the primary source of community news in the suburbs. Your notices in our paper have the best chance of being seen and read. We would like to continue working with you, therefore, we will not be making a rate change for the coming year. The rate structure for legals effective January 1, 2006 will be: 1 column width: $14.30 per inch for first insertion $7.15 per inch for subsequent insertions Our columns are 14 picas wide There are 11 lines per inch Two notarized affidavits on each of your publications will be provided with no additional charge. The deadline for regular length notices is 2:00 p.m. the Thursday prior to publication. E-mailing the legal notices.is an efficient and accurate way of getting the notices to uS. The e-mail address for the legal department is legals@mnsun.com. We still accept notices on disk, faxed or through the mail,. If you require more information to make your decision, please contact me or Mary Ann Carlson, our Legal Representative, at 952-392-6829. Thank you for considering the Sun-Current as the official newspaper for the City of Richfield in 2006. We appreciate the opportunity to serve the needs of your community. 10917 UaLLEY VrEw ROAn ®EDEN Px~t~ ®M1N1~T1~,~OTA 553 ®952-829-0797 ®FAx: 95~-9~1-3588 12;13/2005 09;45 FAX 612 873 4884 STAR TRIBUNE CLS. ADV. X1001 425 PoiKfand Avenue Minneapolis, Minnesat~ 55486-0002 Star7Fibur~ December 13, 2005 Debbie Geyer Deputy Assistant City Clerk City of Ricl~eld 6704 Portland Ave. Mizmeapalis, MN 55423 Dear Debbie. Star Tribune legal rates for pu$lications in class 203 is currently $4.75 per lie an a weekday or a Sunday. TJnlike our regular rates, these will. IrIUT be changing January I, 2QQ6. Please feel free to call with nay questions or concerns. Sincerely, %a Magg;,lvteDermatt Account Executive P1~ane: 612-673-~41 SO Fax: 612-673-48$4 Er,~il: mmcdex~iattQa startribune.com 12;1.3/2005 06:45 FAX 612 67~ 4884 STAR TRIBU~NE~LS. AD4. X1001 425 Portland Averwe _ MmneapoGs, Minnesoi~2, 5548fl-0002 Star~Fibune December 13, 2QD5 Debbze Ceyer .Deputy Assistant City Clerk City of Ric>afield 6700 Portland Ave. _ Minzieapolis, MN 5423 ^ Tear I]el~~bie: Star Tribune legal rates for pui]liration5 yn cla,~s 203 is currently $4.75 per lie on a weekday er a Sunday. Unlike our regular rates, these will. Nt?T be changing. January 1, 2046. . please Feel free to ca11 with any questions or concerns. .Sincerely, ~a4 O . Magp,~ 1vlcDermott Aecaunt E~cecutive Plxpne: 612-673-~4Z SU Fa~c; 612-673-4884 Ert~il: mmcde~]dtt(~starhibttne.cQm -T~ °'7 Certified Audit of Circulations Newspaper Audit-Report MINNESOTA SUN PUBLICATIONS Wednesday EDEN PRAIRIE (HENNEPIN COUNTY) I~~NNESOTA TOTAL AVERAGE CIRCULATION FOR THE TWELVE-MONTH PERIOD ENDED JUNE 30, 2005 TYPE OF PUBLICATION: Community Newspaper FREQUENCY: Weekly LOCATION: Eden Prairie, Minnesota PUBLISHED BY: Minnesota Sun Publications ESTABLISHED: 1912 Manager Circulation Data CONTACT .INFORMATION: 10917 Valley View Road Eden Prairie, Minnesota 55344 Tel:. {952) 392.6835 Fax: (952) 941-3588 Jeff Coolmat~, Vice-President, General Herb Hesse, Circulation Director 1A. Total Average Circulation, Dist Paid i } dome Delivery 2)~~Vlall $UbSCriptl0l15 ~) Single COpy-Sales ~- 4) Employee. Copies , 5).Newspaper in .Education 6) Bulk Paid Circulation B. Other Paid 1) Home Delivery 2) Single Copy Sales 3} Newspaper in Education 4) Event Sales 5) Bulk Total Other Paid Total Paid C. Unpaid Distribution 1) Home Delivery _; 2) Mail 3) Residential Bulk 4) Non-Residential Bulk Total Unpaid Distribution D. Total Distribution Sun Sun Sun Sun Sun Sailor Current-C Curretrt-0 Post Focus Total X Total X Total . X Total X ritwtion 121' - U.2 67 0.1 100 0.2 187 0.2 - 146 0:2 16 - 81 O.i 59 0.1 26 0.1 267 0.4 83 0:1 181 0.3 146 0.3 26 0.1 1,663 2.7 425 0.5 2,301 3.4 1,558 3.1 12 - 1,663 2.7 425 0:5 2,301 3.4 1,558 3.1 12 - 1,930 3.1 508 0.6 2,482 3.7 1,704 3.4 38 0.1 55;641 89:4 83,691 99:0 58,811 86.6 44;851 90.0 48;938 90.3 4,525 7:2.;~ -. ._ 6,091. 9.0 3,070 6.2 165 0.3 318- 0.4 536, 0.7~ 215 0.4 5 244, ;. . 9 6 60,331 96.9. 84,009.. 99A 65,438 96.3. 48,136 96.6 54,182 _99:9 62,261 100.0 84,517 100.0 67,920 100.0 49,840 100.0 54,220 100.0 See paragraph 2 for publication names. 2A. Breakdown of average circulation and distribution (item 1) by publication SUN-SAILOR NEWSPAPERS- Single Vol./ Unpaid - Paid Copy Other Total Home. Mail Sales Paid Paid Delivery Excelsior/Shorewood , 10- ;. 16 - : - . 225 251- 5,592 West Minnetonka ` 22 7 239 268 5,949 East Plymouth ' 12 19 507 538 5,452 West Plymouth 12 23 40 75 10,610 Hopkins- _. 16~ 17 93 126 ` 3,924 St. Louis Park 20 11 372 403 11,154 Wayzata 23 36 156 215 4,497 East Minnetonka 6 17 31 54 8,463 Total 121 146 1,663 1,930 55,641 SUN CURRENT NEWSPAPERS-C Single VoL/ Unpaid Paid Copy Other Total Home Mail Sales Paid Paid Delivery South St. Paul/Inver Grove Heights 18 - 63 81 14,361 West St. Paul/Mendota Heights 10 - 68 78 9,479 Lakeville ~ 7 - 18 25 9,690 Eagan 8 1 53 62 16,565 Burnsville/Savage 11 15 113 139 18, 926 Apple Valley/Rosemount 13 - 110 123 14,670 Total 67 16 425 508 83;691 Edina Richfield Bloomington Eden Prairie Total Brooklyn Center Brooklyn Park New Flope/Golden Valley Crystal/Robbinsdale Total Blaine/Spring Lake Park Columbia Heights/Fridley Moundsview/New Brighton/St. Anthony Ramsey County Total Non. Res. Res. Total Total Bulk Bulk Un aid Distr. 14Q - 5; 732 „ .5, 983 90 74 . 6,11 b , 6, 378 447 - 5899 6,437 658 - 11,268 ` .11,343 748 24 4,696 ; 4,822 1,268 - 12,422 12,825 210 30 4, 737 4, 952 964 40 9.467 9.521 4,525 165 60,331 62,261 Non. Res. Res. Total Total Bulk Bulk Un aid Distr. - 100 14,461 14,542 - - 9,479 9,557 - - 9,690 9,715 - - 16,565 16,627 - 175 19,101 19,240 - 43 14.713 14.836 - 318 84,009 84,517 SUN CURRENT NEWSPAPERS-D Single Vol./ Unpaid Non. Paid Copy Other Total -Home Res. Res. Total Tota Mail Sales .Paid Paid Delive Butk Bulk Unsaid Distr. 40 8 458 506 14, 907 1,163 92 16,162 16, 668 20 20 526 566 8,483 1, 088 i 80 9, 751 10, 317 30 37 1,187 1, 254 23, 547 3, 080 220 26, 847 28,101 10 16 130 156 11,874 760 44 12:678 .12:834 100 81 2,301 2,482 58,811 6,091 535- 65,438 67,920 SUN-POST NEWSPAPERS Single Vol./ Unpaid Non. Paid Copy Other Total Home Res. Res. Total Total Mail Sales Paid Paid Delivery Bulk Bulk Unsaid Distr. 9 26 276 311 6,$74 255 - 7,129 7,440 45 17 28.1 343 18,043 751 100 18,894 19,237 16 1 616 633 10,246 955 115 11,316 11,949 1.7 1_5 385 417 9.688 1..109 - 10.797 11.214 87 59 1,568 1,704 44,851 3,070 215 48,136 49,840 SUN-FOCUS NEWSPAPERS Single Vol./ Unpaid Non. Paid Copy Other Total Home Res. Res. Total Total Mail Sales Paid. Paid Delivery Bulk Bulk Unsaid Distr. 6 - 1 7 16,002 - 903 16,905 16,912 10 - 7 17 18,096 - 1,14D 19;236 19,253 5 - 4 9 14,840 - 751 15,571 15,600 5 = - 5 - . `_ 2.450 2.450 2.455 26 -. 12 38 48,938 5,244 54,182 54,220 ~Aamhor fER(1Q `[~~~ * See paragraph 2 for publication names: 2A. Breakdown of average circulation and distribution (item 1 ) by publication SUN-SAILOR NEWSPAPERS Single Vol./ Unpaid Non: • Paid Copy Other Total Home, Res: Res. Total Total Mail Sales Paid Paid De!E~,e.^,• Bulk B~'!k Un aid Distr. Excelsior/Shorewood _ 10, ; 16.- : :: 225 251 5,592 14Q. - 5;732 ;_,5,983 West Minnetonka ' 22 7 239 268 ; 5,94.9 90 71 , • 6,110. 6,378 East Plymouth ' 12 19 507 538 5,452 447 - ~ 5,'899 ~ 6,437 West Plymouth 12 23 ~ 40 75 10,610 658 -' 11,268 ~' 11,343 "Hopkins ~ - '16 17 - 93 126' ~ 3, 924 748 24 4 696 :4,822 St. Louis Park 20 11 372 403 11,14 1,268 - 12,422 12,825 Wayzata 23 36 156 215 4,497 2'10 30 4,737 4,952 East Minnetonka 6 17 31 54 8.463 964 40 9,467 9.521 Total 121 146 1,663 1,930 55,641 4,525 165 60,331 62,261 SUN CURRENT NEWSPAPERS-C Single Vol./ Unpaid Non. Paid Copy Other Total Home Res. Res. Total Total Mail Sales. Paid Paid Delivery Bulk Bulk Unpaid Distr. South St. Paul/Inver Grove Heights 18 - 63 81 14,361 - 100 14,46`1 14,542 West St. Paul/Mendota Heights 10 - 68 78 9,479 - - 9,479 9;557 Lakeville 7 - 18 25 9,690 _ - - 9;690 9,715 Eagan 8 1 53 62 16,565 - - 16,565 16,627 Burnsville/Savage 11 15 .113 139 18,926 - 175 19,101 19,240 Apple Valley/Rosemoun# 13 - 110 123 14,670 _ 43 14,713 14.836 Total 67 16 425 508 83;691 - 318 84,009 84,517 SUN CURRENT NEWSPAPERS-D Single Vol./ Unpaid Non. Paid Copy Other Total Home Res. Res. Total Total Mail Sales :Paid Paid Delivery Bulk Bulk Un aid Distr. Edina 40 8 458 506 14,9Q7 1,163 92 16,162 16,668 Richfield 20 20 526 566 8,483 1,088 180 9;751 10,317 Bloomington 30 37 1,187 1,254 23,547 3,080 220 26,.847 28,.101 . Eden Prairie 10 16 130 1.56 11.8.74 760 4'4 .12:678, .12:8.34 Total 100 81 2,301 2,482 58,811 6,091 53fi 65,438 fi7,920 SUN-POST NEWSPAPERS Single Val./ Unpaid - Non.. Paid Copy Other_ Total Home Res. Res: Tata! Total Mail Sales ~ Paid Paid Delivery Bulk. Bulk Unpaid Distr. Brooklyn Center 9 26 276 311 6,874 255 - 7,'129 7,440 Brooklyn Park 45 17 281 343 18,:043 751 100 18,894 19,237 New Hope/Golden Valley 16 1 616 633 1Q,246 955 115 11.,316 11,949 Crystal/Robbinsdale 1_7 1_5 385 417 9.688 1909 10.797 11.214 Total 87 59 1,558 1,704 44,851 3,070 . .215 48,136 49,840 SUN=FOCUS NEWSPAPERS Single Vol./ Unpaid- Non. Paid Copy Other . Total Home Res. Res. Total -Total ' Mail Sales Paid. Paid Defiverv Bulk Bulk Unpaid Distr. BlainelSpring Lake Park 6 - 1 7 16;.002 - 903 16,905 16,912 Columbia Heights/Fridley 10 - 7 17 18,096 - 9 ,140 19;236- 19,253 Moundsuiew/New Brighton/St. Anthony 5 - 4 9 14,840 _ - 751 15;571 15,600 Ramsey County ~ 5 = - 5 - - 2 ,450 2.450 2.455 T~ ,. 26 -. 12 38 48,938 '~ 5,244 54,182 54;220.. i ~Aam har $~(1Q AGENDA SECTION: AGENDA ITEM # REPORT # ~- STAFF REPORT CITY COUNCIL MEETING JANUaRY 10, 2006 Consent 4C 3 ~. REPORT PREPARED BY: CHERYL KRUMHOLZ, EXEC. COORDINATOR NAME, TITLE COUNCIL PRESENTER: MANAGER:BY CITY ~ ~/~~ 1 / ~Ii ~i ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution regarding Council Member attendance at Council meetings. I. RECOMMENDED ACTION: By Motion: Approve the resolution regarding attendance by Council Members at Council meetin s for 2006. II. BACKGROUND Subsection 205.15 of the Richfield City Code establishes an attendance policy for Council Members. The policy requires attendance to be taken at every regular and special meeting of the City Council and provides for the imposition of a monetary penalty for unexcused absence from a Council meeting. The policy may be annually invoked by resolution of the City Council III. BASIS OF RECOMMENDATION A. POLICY • The Richfield City Code establishes attendance rules,-which may be invoked for any calendar year by Council resolution.- TERNATIVE KECOMMENDATION(S) ~ • Defer action on this item to another Council meeting. V. .ATTACHMENTS • Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING , • None. 0110attendance 7~' I RESOLUTION NO. RESOLUTION REGARDING ATTENDANCE BY COUNCIL MEMBERS AT COUNCIL MEETINGS WHEREAS, the attendance of Council Members at meetings is one of the most important duties imposed by law on members; and WHEREAS, member presence to participate in hearings,. deliberations and decisions of the Council is essential to the proper discharge of the member's official duties; and WHEREAS, recognizing that it is not always possible for a member to be present at all meetings and that by reason of business demands, state of health, personal problems, vacations and other matters, occasional absences are excusable; and WHEREAS, Subsection 205.15 of the Richfield City Code establishes rules for attendance at City Council meetings that may be invoked by resolution of the Council. NOW, THEREFORE, BE IT RESOLVED, by the City of Richfield, Minnesota that the following rules apply to absences of Council Members from meetings during calendar year 2005: 1. This resolution applies to all regular. meetings of the Council, as defined in Subsection 205.01 of the Richfield-City Code: This resolution also applies to duly called special business meetings of the Council. The resolution does not apply to special informational or special ceremonial meetings. Special Council meetings are those called pursuant to Subsection 205.03 of the Richfield City Code. For purposes of this resolution, special meetings are further categorized as: a) Special business meetings. Special business meetings include: Special meetings called to conduct official business of the City where the Council considers action requiring a vote of the City Council; special work study meetings; and special meetings called for the purpose of conducting a public hearing. b) Special informational meetings. Special informational meetings are those called for the City Council to receive information or to participate in discussion but where no official action of the City Council is taken, except that the term does not include special work study meetings or meetings called for the purpose of conducting a public hearing. c) Special ceremonial meetings. Special ceremonial meetings are those called for ceremonial activities but where no official action of the City Council is taken, including ribbon. cuttings, community celebrations and similar activities. 2. Any member of the Council desiring to be excused shall insofar as possible, give advance notice to the City Manager stating i) the meeting at which the member will be absent; ii) the member's reason for being absent; and iii) the member's location during the meeting. 3. At the beginning of each regular or special business meeting, the Clerk shall call the roll. If a member is absent, the City Manager shall report any communication from the absent Council Member regarding the reason for absence. The Mayor shall request the Council Members to determine whether the absence is excusable or inexcusable, ~c-~. 4. For each unexcused absence from a regular or special business meeting, the absent member shall be penalized by a fine of $25 and the Mayor, if absent, shall be penalized by a fine of $50. The fine shall be automatically deducted from the next Council Member payment unless otherwise directed by a majority of the City Council Members present. 5. This resolution remains in effect until December 31, 2006 unless revoked prior to that'date by resolution of the City Council. This resolution supersedes Resolution No. 9572. Adopted by the City Council of the City of Richfield,. Minnesota this 10th day of January, 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT CITY COUNCIL MEETING JANUaxY 10, 2006 Consent 4D REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of resolutions designating official depositories for the City of Richfield for 2006, includin the a royal of collateral I. RECOMMENDED ACTION: By Motion.: Adopt the attached resolutions designating official depositories, with the understanding that the City could not invest in any of the depositories beyond the level of insurance coverage or the pledged collateral. II. BACKGROUND N/A III. BASIS OF RECOMMENDATION A. POLICY • In accordance with Minnesota Statutes Section 118A.01 - 118A.06, the City of Richfield must designate financial institutions annually. The institutions must pledge the collateral over and above the amount of federal insurance, as public depositories. • U.S. Bank acts as the banking institution in the City's banking arrangement with the 4M Fund. Monies received, checks written, by the City, flow through U.S. Bank, however, at the end of each business day, any proceeds remaining in City U.S. Bank accounts are 0110depositories swept to the 4M Fund to be invested. Therefore, at the end of the business day the City accounts are zero, which means the collateral requirements of Minnesota Statutes Section 118A.03 are not required. .Accordingly, U.S. Bank has met all other statutory requirements and should be considered as a depository for the City's Deputy Registrar, payroll and vendor accounts and all savings deposits. • The City must also designate annually, certain savings and loan associations and banks as official depositories for deposit and investment of certain City funds. With approval of these official depositories, the City will be able to deposit and invest funds in these institutions, not exceeding the federal insurance of $100,000. • Finally, a designation must be made for certain financial institutions as depositories for the investment of City funds for 2006. These institutions, such as investment brokerage firms, offer government securities in the manner required by law. These financial institutions include M&I Marshall &Illsley Bank, U.S. Bank, Dain Rauscher, Wells Fargo Brokerage Services, Morgan Stanley Dean Witter, Morgan Keegan, N.A. Investment Services, Inc., Piper Jaffray & Co. and the 4M Fund. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • The City is required by Minnesota Statute 118A.01 - 118A.06, to designate as a depository of funds, insured banks or thrift institutions. Any collateral so deposited is accompanied by an assignment pledged to the City in the .amount specified in the attached resolutions. IV. ALTERNATIVE RECOMMENDATION~S~ • The City Council could solicit other financial institutions for official depositories, but past relationships with the depositories recommended have proven satisfactory for the City. V. ATTACHMENTS • Resolution designating US Bank a depository of funds of the City of Richfield for the year 2006. • Resolution designating M&I Marshall &Illsley Bank a depository of funds of the City of Richfield for the year 2006. • Resolution designating certain savings and loan associations and banks as depositories for the investment of City funds in 2006. • Resolution designating certain financial institutions as depositories for the investment of City of Richfield funds in 2006. I V 1. PRINCIPAL PARTIES r;XPECTED AT MEETING I • None ~~~~ RESOLUTION NO. RESOLUTION DESIGNATING U.S. BANK A DEPOSITORY OF FUNDS OF THE CITY OF RICHFIELD FOR THE YEAR 2006 BE IT RESOLVED, by the City Council of the City of Richfield as follows: That, in accordance with Minnesota Statutes, Section 118A.01- 118A.06, U.S. Bank be, and hereby is designated a depository of the funds of the City of Richfield, subject to modification and revocation at any time by said City, and subject to the following terms and conditions: The said depository shall not be required to give bonds or other securities for such deposits provided that the total sum thereof shall not at any time exceed in any depository the sums for which its deposits are insured under the Acts of Congress of the United States relating to insurance of bank deposits; but that in case such deposits in any such depository shall at any time exceed such insured sum, said depository shall immediately furnish bonds or other security for such excess according to law, approved by the City Council of said City. That said depository shall pay on demand all deposits therein; and shall pay all time deposits, at or after the end of the period for which the same shall be deposited, on demand. BE IT FURTHER RESOLVED, that there shall be maintained a general account in which shall be deposited all monies from the water, sewer, storm sewer, liquor, swimming pool/ice arena, deputy register fees, City permits and other deposits not otherwise specifically provided for. The following officers or their facsimile signatures shall sign checks on this account; STEVEN L. DEVICH, CITY MANAGER CHRIS REGIS, FINANCE MANAGER BE IT FURTHER RESOLVED, that all funds remaining in the account at the end of each business day will be transferred from U.S. Bank.to the 4M Fund where funds deposited are invested and insured. Passed by the City Council of the City of Richfield, Minnesota this 10th day of January, 2006. ATTEST: Martin J. Kirsch, Mayor Nancy Gibbs, City Clerk ~ D -~~- RESOLUTION NO. RESOLUTION DESIGNATING M & I MARSHALL ~ ILLSLEY BANK A DEPOSITORY OF FUNDS OF THE CITY OF RICHFIELD FOR THE YEAR 2006 BE IT RESOLVED, by the City Council of the City of Richfield as follows: That, in accordance with Minnesota Statutes, Section 118A.01- 118A.06, M & I Marshall & Illsley Bank be, and hereby is designated a depository of the funds of the City of Richfield, subject to modification and revocation at any time by said City, and subject to the following terms and conditions: The said depository shall not be required to give bonds or other securities for such deposits provided that the total sum thereof shall not at any time exceed in any depository the sums for which its deposits are insured under the Acts of Congress of the United States relating to insurance of bank deposits; but that in case such deposits in any such depository shall at any time exceed such insured sum, said depository shall immediately furnish bonds or other security for such excess according to -law, approved by the City Council of said City. That said depository-shall pay on demand all deposits therein; and shall pay all time deposits, at or after the end of the period for which the same shall be deposited, on demand. BE IT FURTHER RESOLVED, that there shall be maintained a general account in which shall be deposited all monies from_the water, sewer, storm sewer, liquor, swimming pool/ice arena, deputy register fees, City permits and other deposits not otherwise specifically provided for. The following officers or their facsimile signatures shall sign checks on this account; STEVEN L. DEVICH, CITY MANAGER CHRIS REGIS, FINANCE MANAGER BE !T FURTHER RESOLVED, that there shall be a daily interest savings account. All withdrawals from said account will be for transfers to the'general checking account. BE IT FURTHER RESOLVED, that all funds remaining in the account at the end of each business day will not exceed the federal insurance of $100,000. Passed by the City Council of the City of Richfield, Minnesota this 10th day of January, 2006. ATTEST: Martin J. Kirsch, Mayor Nancy Gibbs, City. Clerk ~~~~ RESOLUTION NO. RESOLUTION DESIGNATING CERTAIN SAVING AND LOAN ASSOCIATIONS AND BANKS AS DEPOSITORIES FOR THE DEPOSIT AND INVESTMENT OF CITY FUNDS IN 2006 BE IT RESOLVED, by the City Council of City of Richfield, Minnesota WHEREAS, pursuant to Minnesota Statutes, Sections 118A.01 - 118A.06, municipal funds may be deposited in any Savings and Loan Association or Bank which has its deposits insured by the Federal Savings and Loan Insurance Corporation (FSLIC) or the Federal Deposit Insurance Corporation (FDIC), and WHEREAS, the amount of said deposits may not exceed the FSLIC/FDIC insurance covering such deposits which insurance amount is presently $100,000, and WHEREAS, the deposit of City funds in Savings and Loan Associations and Banks would provide greater flexibility in the City's investment program and maximize interest income thereon. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. It is hereby found and determined that it is in the best interest of the proper management of City funds that various banks be designated as additional depositories for City funds for 2006. 2. It is further found and determined that the purpose of such depository designation is to facilitate the proper and advantageous deposit and investment of City funds and that such designation is not exclusive nor does it preclude the deposit of any City funds in other officially designated depositories of the City. 3. The Treasurer and Finance Manager are hereby authorized to deposit City funds in various depositories up to the amount of $100,000, or such other amount as may be subsequently permitted by law, such deposits to be in the form of demand accounts for Public Unit Savings Certificates purchased by the City, payable to the City of Richfield on the signatures of the City Treasurer or Finance Manager. Such deposits may be made and withdrawn from time to time by the Treasurer or Finance Manager as his best judgment and the interests of the City dictates. 4. The investment of funds and the reporting thereof pursuant to this resolution shall be conducted in accordance with established policies of the City regarding the investment of City funds. Adopted by the. City Council of the City of Richfield, Minnesota this 10th day of January, 2006. ATTEST: Martin J. Kirsch, Mayor Nancy Gibbs, City Clerk ~U~~ RESOLUTION NO. RESOLUTION DESIGNATING CERTAIN FINANCIAL INSTITUTIONS AS DEPOSITORIES FOR THE INVESTMENT OF CITY OF RICHFIELD FUNDS IN 2006 WHEREAS, the City of Richfield has money which is available for investment, and WHEREAS, different financial institutions offer different -rates of return on investments, and WHEREAS, the City of Richfield shall purchase U. S. Treasury Bills, U. S. Treasury Notes and other such government securities in the manner required bylaw from the institution offering the highest rate to the City of Richfield providing greater flexibility in the investment program and maximize interest income thereon. NOW, THEREFORE, BE IT RESOLVED, by the City of Richfield, Minnesota, in accordance with Minnesota Statutes, Sections 118A.01 - 118A.06, as follows: 1. It is hereby found and determined that it is in the best interest of the proper management of City of Richfield funds that certain financial institutions be designated as additional depositories for City of Richfield funds for 2006. 2. The following financial institutions designated as depositories for the City of Richfield funds: Dain Rauscher, Inc. Piper Jaffray & Co. Wells Fargo Brokerage Services Morgan Keegan N.A. Investment Services, Inc. 4M Fund Morgan Stanley Dean Witter 3. The Treasurer and Finance Manager are hereby authorized to deposit the City of Richfield funds in any or all of the depositories herein designated. Such deposits may be made and withdrawn from time to time by the Treasurer or Finance Manager's judgment and as the interest of the City of Richfield dictates. 4. The investment of funds and the reporting thereof pursuant to this resolution shall be conducted in accordance with established policies regarding the investment of these funds. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of January, 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, -City Clerk AGENDA SECTION: Consent AGENDA ITEM # 4 E REPORT # 5 STAFF REPORT CITY COUNCIL MEETING JANUARY 10, 2006 REPORT PREPARED BY: KATHY FARRIS, HUMAN SERVICES PLANNER/COORDINATOR NAME, TnzE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving the 2006 Social Service agency funding recommendations and authorizing the City Manager to execute agreements for service with those a encies funded b the Cit . RECOMMENDED ACTION: By motion: Approve the resolution providing funding amounts of certain human service agencies in the below listed recommended amounts for 2006. II. BACKGROUND A review committee has been formed comprised of the Richfield Community Human Services Planning Council (RCHSPC). This committee serves as the review and recommending group for City Social Service Funds. The following process was used in making funding recommendations: The RCHSPC established the following priority areas for funding consideration: 1) services for frail elderly persons; 2) services for physically and/or mentally disabled persons; 3) services for families and children at risk; 4) housing services for low-income persons. An announcement was made soliciting funding proposals for service in the Richfield Sun. Applications were sent to prospective agencies. The Grant Review Committee met on October 24 and November 28 to review proposals from the applicant agencies and make recommendations for funding. 0110SocSerFunds The Grant Review Committee recommends $93,570 of City Other Agency Division funds be allocated to the following agencies in the amounts indicated for 2006 (see attachments, page 1, for service descriptions): A enc Cornerstone Family & Children's Service Oak Grove Lutheran-SAFE Augsburg Library/RF Schools Senior Community Services-Sr. Outreach The Storefront Group VEAP Richfield R.E.A. D.Y. Kids @ Home Support Community Nursing Project Loaves & Fishes MIRA Richfield Community Council - Community Dialogue TOTAL 2004 2005 .2006 Actual Actual Recommended $12,500 $13,500 $13,500 12,000 0 10,000 .6,500 7,000 NA 2,000 1,500 NA 9,000 9,070 9,070 35,000 . 30,000 30,000 15,070 15,000 15,000 1,500 2,500 2,500 NA 5,000 NA NA 10,000 0 NA NA .3,000 NA NA 10,000 NA NA 500 $93,570 $93,570 $93,570 III. BASIS OF RECOMMENDATION A. POLICY • All funding recommendations meet the priorities established for 2006 (see attached "Guidelines and Instructions for 2006 Funding Assistance" and "2006 Application for Funding Assistance"). • Agencies recommended for funding have met review criteria in the areas of service need and program management (see attached "Guidelines and Instructions for 2006 Funding Assistance" and, "2006 Application for Funding Assistance"): Agencies recommended for funding have stated service outcomes and have established methods for evaluating service results. Agencies recommended for funding are receptive to collaboration and several participate in HSSC and the Richfield Community Council. B. CRITICAL ISSUES • Services are to be provided in calendar year 2006. C. FINANCIAL • Recommendations are based on the unallocated portion ($93,570) of the 2006 Other Agencies Division Budget, 10105. A City Council/Administration 2006 allocation of $23,540 of this budget is designated for the Hennepin South Services Collaborative for research, planning and coordination functions. D. LEGAL- . Agencies awarded funding will be required to sign a service agreement. IV. ALTERNATIVE RECOMMENDATION(S~ • Recommendations in regards to funding are advisory. Final determination is subject to Council approval. Council has the discretion to revise amounts. V. ATTACHMENTS • Descriptions of Proposed Services • Guidelines and Instructions for 2006 Funding Assistance • 2006 Application for Funding Assistance • 2005 RCHSPC Members • Draft Minutes of 11/28/05 RCHSPC Meeting VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. ~~~~ RESOLUTION NO. A RESOLUTION APPROVING THE 2006 SOCIAL SERVICE AGENCY FUNDING RECOMMENDATIONS AND AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS FOR SERVICE WITH THOSE AGENCIES FUNDED BY THE CITY WHEREAS, a review committee has been formed comprised of the Richfield Community Human Services Planning Council (RCHSPC) members to serve as the review and recommending group for City Social Service Funds; and WHEREAS, this committee reviewed applications from human service agencies for City Social Service Funds. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Richfield that the funds be allocated as follows: A enc Recommendation Cornerstone -Criminal Justice Intervention $13,500 Family & Children's Service -School Success for New Immigrant Children 10,000 Senior Community Services -Senior Outreach Program 9,070 The Storefront Group -Youth Counseling Program 30,000 VEAP 15,000 Richfield R.E.A.D.Y. 2,500 Richfield Community Nursing Project 0 Loaves and Fishes 3,000 MIRA 10,000 Richfield Community Council -Community Dialogue 500 TOTAL $93,570 BE IT FURTHER RESOLVED that the City Manager be authorized to execute contractual agreements with the above-named agencies summarizing services to be provided to Richfield residents. Passed by the City Council of the City of Richfield, Minnesota this 10th day of January, 2006. Martin J. Kirsch, Mayor Nancy Gibbs, -City Clerk J U Z V Z Z Z J a wo U -~ ~ LL 2 NV ~O ~~ 2 _ C~ G U J W_ LL 2 U 4 ~-~ 0 0 to o-_ to 0 0 0 o io 0 Z o o r` o 'o to 0 0 o i W Z ~n o 0 0 0 ~n o j o j ~n ~ O ~ ~ ° o o ~ iN IcYS ~~ i I~ W ~~~ ~ ~ ~ ~ ~ ~~ i I ~ i ~ _ ~_ _~ - i ~ ~- ~,, ~, ~ - '~ ~ rn o ~ ' -a ~ ~ ~- ~ m o c ~ ,o ~ o j o 'o - ~ ~ co I o •o - ca ~ ~CC ~ ~ ~ .~ L ~ ~Cn ~ ~ ~ i Q~ C- L ~ L L i-d fn C ~ Q ~~~ i~ O J C~6 ~O O)O ~ ~ O~ ~ O L ~ "a~ _ L •`= C O ~ dl ~ ~~ ~ I~ ~ ~Y C Q ~ f ~ ~ ~ ~• ~ N ~ WJ ~V v ~ ~ i~ ~ o~ ~ ~ ~ I~ O ~ (~6 (0" L > c o ~~ ~ ~ a~ ~ r==- Q- ~ -° ~ „- I ~ o ~ ~ - o 0 c a~ ~ o O "-' ~ ca U E~ -a cn L L O p O~ "_ ~ ~ (6 "~ o r ~ N N~ '" U O N ~ O ~, O~ I C S L ' U L- --a to U ~~ ~ ~ ~ ~~ cagy o io Ico ~ °.,-'~~ 'Z~ o o ~~ no c ~ ~ to ° 3'~•~°'~ o~ E~ o ~ ~ ~ a~ co w vii ~ o I c~ ~ -a o _-_ a~ ~ ~ can ~ o ~ ~ ~ p a~ ,^ ` ~ ~ ~ ~ N ('~ ~ ~ ~ ~ (~ O yam' ~ ~ ~ ~ ~ C O ~ ~ ~ 5 p C N "r o to ~ -~ (6 C to O o cB ~ O C Co L O X 0 0 Q .~ o_ '++ N~ ~ o coo c o ~, -a~v.~.~L~o ~~oc~. c ~4?mcoo ~n~, rn~ ~~ o ~~ o~ cn ~~ ~>, o 0 o m N •- U v i U I~ C N N~~~ cn - C~ N (~ fi r: O C` Q cB ~ o ~ a~ ~' a~ I a~ co a~ ~ ~ ~ ~' ~' ~ ~ m aNi Y I a~ ~ a~ -~ ~ a~ o >; ~ ~ o -a a3~~ ~~ ~~ a.oa~ ~_ ~ N ~, ~ ~ i o ~ J ~ Q .v c ~ '~ c ~ ~ ~} N Ion o ~ ~ Q Qz _C f~ Z a' ~ Q O I ~ I U z ', ~ ~: cn >, O ~ U OL '' ~ b ~ V ~ o 'N Q ~ ~ ~ ~ fo ~ ~ ~ a'~ v~ ~ O off- W Q W ~~ d o ~~ ~ ' ~ o U~ .~.~ ~ ~- cn ~ c ~ U U c~cA QUO o~~ ~~ -o `° ~.J ~ -o ~ '~ I c ~ . o . o o CA ~ ~ Q ~ > ~ ~ ~ E ~ ~ H L a~ ~~ E~~~c m ~- o U co ~_ ~ o o~-cov a~a~~ooa~ o o~ o LO `tl:'~ CITY OF RICHFIELD GUIDELINES AND INSTRUCTIONS FOR 2006 FUNDING ASSISTANCE The Richfield Community Human Services Planning Council (RCHSPC) is responsible for setting priorities for City of Richfield Social Service funding and for making recommendations for grant awards. Each year the RCHSPC examines the City Social Service Funding process to determine funding parameters and priority goals for the purpose of making the best use of funds. Funding Parameters • Any non-profit organization is eligible to apply. • Projects must serve Richfield residents. • Because of limited funds, requests made should not cover all expenses of a proposed service. Priority Goals Projects must address at least one of the following priorities: • Services for frail elderly persons • Services for persons with physical and/or mental disabilities Services for families and children at risk Housing services for low-income persons Award Criteria Priority will be giving to proposals that meet the following criteria: • Demonstrated need of the proposed service for the targeted population. • Collaboration with other service providers. • Participation in the Richfield Community Council and Hennepin South Services Collaborative and its related activities. • Efforts to serve cultural/ethnic/racial populations and low-income persons. • Demonstrated value to the community. • Does not duplicate services to Richfield residents. 2 CITY OF RICHFIELD ~~~~ GUIDELINES AND INSTRUCTIONS FOR 2006 FUNDING ASSISTANCE age 2 Application Instructions The attached Application for Funding Assistance must be used in your request for funds. Proposals should: • Include agency and program name and address, and contact person name, title, phone #, fax and Email address as applicable. • Be typewritten, printed on both sides and include page numbers. • Include the questions along with- the responses. • Be as brief, clear and concise as possible. • NOT include expensive binding, brochures, letters of support or materials not asked for in the application. Completed. applications plus 12 copies must be submitted by October 6, 2005 to: Kathy Farris Human Services Planner/Coordinator City of Richfield 6700 Portland Avenue ichfield, MN 55423 In addition, if you are able, please a-mail one copy of the completed application to Kfarris ~cityofrichfield.org. The RCHSPC will review applications for social service funds at its October 24 and November 28, 2005 meetings. Recommendations for fund allocations will be made to the Richfield City Council at its January 10, 2006 City Council meeting. Agencies awarded social services grants will be required to sign a service agreement for calendar year 2006 and submit semi-annual reports on service outcomes. Organizations are encouraged to contact Kathy Farris at 612-861-9754 (voice), 612-861-9749 (fax), Kfarris _cityofrichfield.org with any questions and for assistance in completing grant applications. 3 '7 CITY OF RICHFIELD 2006 APPLICATION FOR SOCIAL SERVICE FUNDING ASSISTANCE PROPOSAL HEADING 1. Agency name, address, contact person, and phone/fax/email 2. Amount of request 3. Name of proposed service 4. Identify priority area(s) you are addressing: a) Services for frail elderly persons b) Services for persons with physical and/or mental disabilities c) Services for families and children at risk d) Housing services for low-income persons ADMINISTRATION 1. Provide a mission statement for your agency. 2. Provide statement of your organization's legal status. 3. Indicate your total agency budget for 2006. 4. Indicate your proposed project budget for 2006. Itemize proposed expenses and describe as applicable. Indicate both proposed City funds and other funds to support the project. PROGRAM 1. Describe the condition/needs or vision for which you are requesting funds. Describe service to be funded. Include: a) Brief summary of service b) Target population(s); estimated number of unduplicated individuals you plan to serve c) admission criteria and process d) how clients are involved in the planning process for service e) desired outcomes and methods of evaluating and measuring client progress (use attached "Proposed Outcome/Evaluation Methods" form) 3. Describe efforts to outreach to target population, including immigrant and low-income individuals. 4. If city funds were reduced or not available after 2006, how you would continue to provide the service. COLLABORATION EFFORTS 1. Are you a partner in the Richfield Community Council, Hennepin South Services Collaborative or the Children's Mental Collaborative? If so, briefly describe your involvement. 2. Describe your efforts to collaborate with other agencies and describe your involvement in developing and participating in these collaborations. Organizations are encouraged to contact Kathy Farris at 612-861-9754 (voice), 612-861-9749 (fax), KFarris _cityofrichfield.org with any questions and for assistance in completing grant applications. 12 copies of completed a plications plus must be submitted b October 6, 2005 4 ~~~~0 W 0 N N N ~ O Cf t O ~ a~ ~c C ~ ~ ~ C ~ ~ . u. ea W v W .~ d d ~ N O ~ ~ .o O N~ ~ m m N O t Q v O ~a 0 .~ U U C O U T U C N Q .~ w N C O L 0.. .i.+ V d ~O L Q 0 C Q .i V N d 'C v- N R d R Z ~~ 0 0 a~ o ~ U +-, O O Q O L Q ~ I ~ ~ ~ ~I 4--- o ~ ~, o -~ ° Q i ~_ ~ ~ ~ _~ U Q1 Q) L L U ~ ~ ~' ~ ~ a~ o I 0 0 ~ o ~,. ~ ~ U ~ L o ~ o ~ ~ Q ~ ~'I ~ ~ ~ CG ~ U Q' LC) ~ O J ' ~ O v ~ ~ ~ O (t3 O U V '~ ~n ~~~ RICHFIELD COMMUNITY HUMAN SERVICES PLANNING COUNCIL (RCHSPC) 2005 Member List Marc Boone (Chair) Jeff Karr Community Representative Planning Commission 8515 Brewster Avenue 7120-12th Avenue Inver Grove Heights, MN 55076 Richfield, MN 55423 Old: 6738 10th Ave. Jkarr1 ~a?Fairview.org Richfield, MN 55423 612-861-6983 (h) 952-882-5472 (b) .Erica Klein 952-894-0086 (fax) Human Rights Commission marc.boone(c~farmersinsurance.com 6914 Pillsbury Ave Richfield, MN 55423 612-861-3795 (h) Cindy Dubansky 612-348-8674 (b) Community Representative Eklein a~~yahoo.com 7214 Pleasant Ave. Richfield, MN 55423 612-866-2297 (h) Jeanette Lofstrom 612-866-2297 (fax) League of Women Voters 651-232-6253 (b) 7325 5th Ave. CdubanskyCc~iuno.com Richfield, MN 55423 612-869-3772 (h) lofstrom7325(cWaol.com Beth Fagin Richfield Community Council 6425 Nicollet Ave. Jo Romer ichfield, MN 55423 Advisory Board on Health 12-798-8174 7405 Aldrich Ave. 612-861-3446 (fax) Richfield, MN 55423 Bfagin(a~storefront.org 612-869-5087 (h) Jromermn(a~iuno.com Lynda Gault Richfield Public Schools Susan Rosenberg 7001 Harriet Ave. So. City Council Liaison Richfield, MN 55423 6633 Thomas Ave. 612-798-6000 Richfield, MN 55423 Ivnda.aaultCc~richfield.k12.mn.us 612-866-2683 Rrosenbergl(a)mn.rr.com Gloms Hamernick Community Services Commission Daryl Coppoletti 6600 Pleasant Ave #343 Regional Planning Coordinator Richfield, MN 55423 HSSC `" 612-259-2361 (h) 9801 Penn Ave. So. 952-487-8267 (b) Bloomington, MN 55431 kgnichols aol.com 952-922-5999 dcoppo(a)_shfsc.org Joan Helmberger HRA Commission 6914 Park Ave. ichfield, MN 55423 12-869-8057 (h) 952-922-6521 (b) Joanhelmberger(a~jrahoo.com 6 `1 ~~~ RICHFIELD COMMUNITY HUMAN SERVICES PLANNING COUNCIL MEETING MINUTES November 28, 2005 Present: Marc Boone (chair); Beth Fagin; Lynda Gault; Gloma Hamernick; Erica Klein; Jeanette Lofstrom; Jo Romer; Kathy Farris (staff) Absent: Cindy Dubansky; Joan Helmberger; Jeff Karr; Susan Rosenberg Approval of October 24, 2005 Meeting Minutes Romer moved to approve the October 24, 2005 minutes. Hamernick seconded. Motion approved. 2006 Social Service Grants -Recommendations for Funding After review of applicant responses to proposal questions, the following recommendations were unanimously made for 2006 Social Service funding: A `enc Request Recommendation Cornerstone -Criminal Justice Intervention Pro ram _ $15,000 $13,500 Famil & Children's Service-School Success for New Immi rant Children 10,000 10,000 Loaves and Fishes 3,000_ 3,000 Senior Communit Services -Senior Outreach 10,738 9,070 The Storefront Grou -Youth Counselin Pro ram 35,000 30,000 Volunteers Enlisted to Assist Peo le VEAP 20,000 15,000 Richfield Read 2,500 2,500 House of Pra er-Richfield Communit Nursin Project 10,000 0 Communit Action Partnershi of Suburban Henne in-MIRA 10,000 10,000 Richfield Communit Council-United Wa Communit Dialo ue 500 500 Total $116,738 $93,570 It was decided not to award second-year funding to the Richfield Community Nursing Project due to the lack of progress on outcomes for the amount of dollars spent. It was added that expenses were primarily for staff salaries, only one training session was conducted, and that there was little demonstration of clients being served. It was also decided that if the three percent increase in the 2006 budget was approved, that the additional $2,810 be distributed equally between Cornerstone, Senior Community Services, Storefront and VEAP. These recommendations will be considered for City Council approval at the January 10, 2006 City Council meeting. Chair for 2006 Beth Fagin volunteered to be interim chair until a permanent chair was elected. RCHSPC members thanked Marc Boone for his service as chair over the past two years. Next Meeting The December meeting is cancelled. The next meeting is scheduled for Monday, January 23, 2006, 5:00 p.m., in the Heredia Room. Recording Secretary, Kathy Farris 11 AGENDA SECTION: Consent AGENDA ITEM # 4 F REPORT # STAFF REPORT CITY COUNCIL MEETING JaIVUARY 10, 2006 REPORT PREPARED BY: PAM DMYTRENKO, ASSISTANT TO THE CITY MANAGER NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution pertaining to filing of the Pay Equity Report with the Minnesota Department of Em to ee Relations. I. RECOMMENDED ACTION: By Motion: Adopt the resolution pertaining to filing of the Pay Equity Report with the Minnesota Department of Em to ee Relations. II. BACKGROUND Minnesota Statutes require that every municipality file a report with the Minnesota Department of Employee Relations (DOER) to indicate equitable pay relationships between female and male employees. After the City of Richfield filed its last Pay Equity Report in January 2001, the Minnesota Legislature changed the pay equity reporting requirement from once every three years to once every five years and set January 31, 2006 as the City's next reporting deadline. The City has completed its work on the Pay Equity Report for the period ending December 31, 2005 and requires the Mayor's signature before submission to DOER. The data compiled for this report is done in accordance with strict standards determined by DOER and is reported in a summary format for submission to DOER. The preliminary results indicate that the City continues to be in compliance with the Minnesota Pay Equity Act. However, :DOER will make an official determination after the report is analyzed. 0110Pay Equity It is important to note that a result of the 2005 Minnesota Legislative session was to return to the three year reporting schedule. Therefore, the City's next pay equity report will be due on January 31, 2009. III. BASIS OF RECOMMENDATION A. POLICY • The City of Richfield must file a Pay Equity report in order to comply with the Pay Equity Act. After this filing, the City will be required to return to a three year reporting schedule. B. CRITICAL ISSUES • The report has been completed and, according to assessment information provided by DOER, indicates that the City's male and female pay relationships are in compliance with the Pay Equity Act. C. FINANCIAL • Any reports not postmarked on or received by DOER on or before January 31, 2006 will be found out of compliance and subject to a monetary penalty. The penalty is a 5 percent reduction in State aid payments, or $100 per day, whichever is greater. D. LEGAL • The City must file a report with DOER on or before January 31, 2006 based on data as of December 31, 2005. IV. ALTERNATIVE RECOMMENDATION(S~ • No alternative is recommended. The report is based on actual data and must be filed with the State in accordance with the statutory timeline. V. ATTACHMENTS • Resolution Pay Equity statistical findings VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None.. ~~~-1 RESOLUTION NO. RESOLUTION PERTAINING TO FILING OF THE PAY EQUITY REPORT WITH THE MINNESOTA DEPARTMENT OF EMPLOYEE RELATIONS WHEREAS, State Statutes require that every municipality file a report with the Minnesota Department of Employee Relations (DOER) once every five years to indicate equitable pay relationships between male and female employees; and WHEREAS, this jurisdiction is submitting a pay equity implementation report to the Minnesota Department of Employee Relations as required by the Local Government Pay Equity Act, Minnesota Statutes 471.991 to 471.999; and WHEREAS, this report has been completed and seems to indicate that Richfield mate and female pay relationships are in compliance with the Pay Equity Act; and WHEREAS, Richfield must file a report with DOER on or before January 31, 2006 based on data as of December 31, 2005. NOW, THEREFORE, BE IT RESOLVED that the City shall accept the findings of the Pay Equity Report and forward it to the Minnesota Department of Employee Relations. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of January 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk Pay Equity Implemrentation Report ~r ~ 2'~-For Department Use On Send completed report to: Pay Equity Coordinator Department of Employee Relations 200 Centennial Building 658 Cedar Street (651) 296-2653 (Voice) St. Paul, MN 55155-1603 (651) 282-2699 (TDD) 981 Postmark Date of Report Jurisdiction ID Number Part A: Jurisdiction Identification Jurisdiction: CITY OF RICHFIELD 6700 PORTLAND AVE RICHFIELD, MN 55423 Contact: HUMAN RESOURCES COORDINATOR FRANCIE FLETCHER Fax: 6128619749 Email: FFLETCHER@CITYOFRICHFIELD.ORG Jurisdiction Type: CITY Phone: (612) 861-9704 Part B: Official Verification The job evaluation system used measured skill, effort responsibility and working conditions and the same system was used for all classes of employees. The system used was: Consultant System (Specify[ Describe: PDI, Inc. ® Health Insurance benefits for male and female classes of comparable value have been evaluated and: There is no difference ~' and female classes are not at a disadvantage. ® ^/ Information in this report is complete and accurate. 0 ~/ The report includes all classes of employees over which the jurisdiction has final budgetary approval authority. Richfield City Council (governing body) Part C: Total Payroll is the annual payroll for the calendar year just ended December 31 Martin J. Kirsch (chief elected official) Mayor (title) 0/ Checking this box indicates legal signature by above official. ® No salary ranges/performance differences. Leave blank unless BOTH of the following apply: a. Jurisdiction does not have a salary range for any job class. b. Upon request, jurisdiction will supply documentation showing that inequities between male and female classes are due to performance differences. Note: Do not include any documentation regarding performance with this form. An official notice has been posted at: Bulletin Boards (prominent location) informing employees that the Pay Equity Implementation Report has been filed and is available to employees upon request. A copy of the notice has been sent to each exclusive representative, if any, and also to the public library. The report was approved by: Compliance Report ~"J 12/27/200E Jurisdiction: CITY OF RICHFIELD 6700 PORTLAND AVE Contact: FRANCIE FLETCHER Phone: (612) 861-9704 HUMAN RESOURCES COORC Insurance Added? Job Evaluation System Used: The statistical analysis, salary range and exceptional service pay test results are shown below. Part I is general information from your pay equity Report data. Parts II, III and IV give you the test results. For more detail on each test, refer to the guidebook. I. GENERAL JOB CLASS INFORMATION Male Female Balanced All Job Classes Classes Classes Classes # Job Classes 37 44 10 9.1 # Employees 105 105 45 255 Avg. Max Monthly Pay per Employee $5,699.19 $4,351.34 $4,823.11 II. STATISTICAL ANALYSIS TEST Male Female A. UNDERPAYMENT RATIO = 84.4 * Classes Classes a. # at or above Predicted Pay 15 13 b. # Below Predicted Pay 22 31 c. TOTAL 37 44 d. % Below Predicted Pay 59.46 70.44 (b divided by c = d) * (Result is % of male classes below predicted pay divided by % of female classes below predicted pay) B. T -TEST RESULTS Degrees of Freedom (DF) = 208 Value of T = 4.047 a. Avg. dill. in pay from predicted pay for male jobs = $28 b. Avg. dill. in pay from predicted pay for female jobs = -$148 III. SALARY RANGE TEST = 82.90 % (Result is A divided by B) A. Avg. # of years to max salary for male jobs = 4.00 B. Avg. # of years to max salary for female jobs = 4.82 IV. EXCEPTIONAL SERVICE PAY TEST 119.13 A. % of male classes receiving ESP 32.43 B. % of female classes receiving ESP 38.64 * (if 20% or less, test result will be 0.00) AGENDA SECTION: CONSENT AGENDA ITEM # 4 ~ REPORT # 7 J STAFF REPORT CITY COUNCIL MEETING JANUARY 10, 2006 REPORT PREPARED BY: MELISSA POEHI,MAN, ZONING ADMINISTRATOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution regarding the request for a Subdivision Waiver at 6646 Newton Avenue to create two sin le-famil lots. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution granting a Subdivision Waiver for 6646 Newton Avenue. II. BACKGROUND Applicant Cathy Branch is seeking to split an existing 120-foot wide single-family residential lot into two lots with widths of 70 and 50 feet. If the subdivision is approved, the north side addition of the current home will be demolished to allow for the construction of asingle-family home on the 50' x 134' lot. (The Housing and Redevelopment Authority (HRA) is not involved in the construction of the new home.) III. BASIS OF RECOMMENDATION A. POLICY 011006 - 6646 Newton Subd. Waiver Normally, any division or re-division of land requires that a plat or re- plat be filed. Platting requirements for the subdivision of land may be waived, however, when the following conditions are met: o The size of the property being subdivided is less than five (5) acres. o Compliance with regular platting requirements will result in unnecessary hardship and failure to comply does not interfere with the purpose of the patting regulations. o Both newly created parcels must meet City requirements relating to minimum lot size, width and depth. • All of the above mentioned conditions are met. B. CRITICAL ISSUES • The property is zoned R -Single-family residential. Minimum lot requirements and dimensions of the proposed lots are as follows: o Required area: 6,700 sq. ft. Proposed: (1) 9,450 sq. ft. (2) 6,750 o Required width: 50 ft. Proposed: (1) 70 ft. (2) 50 ft. o Required depth: 100 ft. Proposed: (1) 135 ft. (2) 135 ft. • Surrounding lots in the neighborhood range from approximately 56 - 60 feet in width. The newly created lots would not be out of character for the neighborhood. • Currently the existing house meets- all setback requirements. With the removal of the northern addition (dimensions 22' x 14.8') and the approval of the waiver it will continue to meet all required setbacks for the R District. C. FINANCIAL • N/A D. LEGAL • No legal-notice is required, however the Community Development Department sent notice of the request for a Subdivision Waiver to residents and property owners with 350 feet of the property. • 60 DAY RULE: The 60 day `clock' started when a complete application was received on December 8, 2005. A decision must be given to the applicant by February 6, 2006 OR fihe Council must notify the applicant that it is extending the deadline (up to a maximum of 60 additional days or 120 days total) for issuing a decision. ALTERNATIVE RECOMMENDATION(S~ • Deny this subdivision waiver if a finding of fact determines that the proposal. would have an adverse impact on adjacent properties. ATTACHMENTS • Resolution • Certificate of survey • Land use and zoning maps for properties within 350 feet of subject property. • Aerial. photograph VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Cathy Branch, property owner and applic ~~-i RESOLUTION NO. RESOLUTION AUTHORIZING A SUBDIVISION WAIVER 6646 NEWTON AVENUE. SOUTH WHEREAS, an application has been filed with the City of Richfield which requests approval of a subdivision waiver for the division of certain parcels of land located at 6646 Newton Avenue South, legally described as: Parcel A: Lots 4, Block 5, FAIRWOOD PARK, Hennepin County, Minnesota WHEREAS, the applicant proposes to divide the above-described Parcel A into two parcels, legally described as: Parcel One: The North 50 feet of Lot 4, Block 5, FAIRWOOD PARK, Hennepin County, Minnesota. Parcel Two: That part of Lot 4, Block 5, FAIRWOOD PARK, which lies South of the North 50 feet thereof, Hennepin County, Minnesota. WHEREAS, the City has fully considered the request for approval for the subdivision waiver; and WHEREAS, the City Council finds that compliance with the City Code Section 500.05, Subdivision 1 would result in unnecessary hardship and that failure to comply therewith will not interfere with the purposes of the platting regulations of Section 500.01. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A waiver for the subdivision of the Subject Property legally described above is hereby granted; and 2. City staff is authorized and directed to take any action necessary to effectuate this resolution and to authorize the recording of conveyances complying with the terms of this resolution. 3. The lot split will not be effective until the north addition measuring 22 x 14.8 feet has been demolished. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of January, 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk a ~ o a ` ~ p( _ o o _ C w O t ~i - > , J ~ Z ~ .~,. w d O w Q ~ ~ ~ ~ ~ L c O ,y j ~ Z d~ ~ ~ t I ~ ~ °' ~ ° ~ -' W z . c o ~ a z N/~~ LL lI] 1~ N i1 ~ i~ ~ ~ ~ p .,+ } C C N E E Q ~ Q .'' d' ~ C 'v o ,, J U b ~ n a o uJ yr o J ~ ~ Z U ~ ~ ~ ~ In 'Md' .G ~ `o o~i ~ c J V7 ~ ~ ~ ~ ~ ~ w C i N g g Il II m N . ~ o ~. ~ ~ ao oY o~ ~ ~ °' Ed ° . o ~Q va v _ 'N ~ ~ U ~ ~ 'o r <n ~ W W 3 ~~ ~ .. O m° .r U a a~ s a ;L o ~ _ = Q \i O L ~ ~ N m pY p0 Z °,c ~~'p ' Z U fn ~ ~ ~ dl ~ m a ,. m U y Z ~ O l i ~ ~ ~ LZ~ ~~ U W " 2 0 ca,5,°_ U~ UY ~ ~ v ~~ o - '3 nb' NO.LAA3N J U a o 0 o m z aT ° m O. N ~ ~_ o . , O 0 0 C p ~ ~ t - orn~ ~ 850.3 850.3 850.2 o m m 850.2 ^~ ~•~ M „ti 1,00.00 N N ~ --00'OZt-- o ~ --~ a 6'618 i~ ~- 30N3d ~ m O'OSa m _ I ~ I I i, F E ~ I I I i •om io r B* e I I s ' dC ~ CW± ~ I m I ~ ~ h M I s I w 'a. '. ~ ,~. a' .. I v ~ I I o I Y . 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C-2 -General Commercial Community Development (MP) 1/2006 R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R ~C -~ 6646 Newton Avenue South Subdivision Waiver Application 1/2006 Surrounding Land Uses 66TH STREET RES RES ES RES `3S 0~. e RES w ~ Q Q RES ~ Z Q ~_ J LLI O z RES RES RES RES RES RES RES RE RES RES RES RES RES RES RES 0 50 100 200 300 400 Feet 6646 Newton Ave S 350-foot buffer RES -Residential Community Development (MP) 1/2006 ES RES RES RES RES RES RES RES RES RES RES RES RES RES RES RES RES RES RES RES RES RES RES RES RES RES RES RES RE5 RES RES RES RES RES RES RES 6646 Newton Avenue South Subdivision Waiver Request 1/2006 Aerial Photograph N A AGENDA SECTION: Consent AGENDA ITEM # 4H REPORT # $ ~~ STAFF REPORT CITY COUNCIL MEETING JANUARY 10, 2006 JAY HENTHORNE, POLICE REPORT PREPARED ~Y: LIEUTENANT NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEi~: ~ _ CA SIGNATU RE~IIE~RTED ~Y CITY MANAGER ITEM FOR COUNCIL CONSIDERATION: Council approval of attached resolution authorizing Public Safety Department's acceptance of rant monies from the U.S. De t. of Justice for $25,114. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution allowing the Dept. of Public Safety to accept grant monies (Justice Assistance Grant) from the U.S. Department of Justice, Office of Justice Programs. II. BACKGROUND The Public Safety Department applied for grant entitled the Edward Byrne Memorial Justice Assistance Grant (JAG). The grant program allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions. Notification was received that the City of Richfield was approved to receive $25,114 from the JAG program. 0110 Resolution for Acceptance of JAG Grant Monies -III. BASIS OF RECOMMENDATION A. POLICY • Public. Safety does not accept financial support unless it is designated for a specific program that will affect the department as a whole. Minnesota Statute 465.03 requires every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council. • The Administrative Services Department issued a memo on November 9, 2004 requiring that all grants and restricted donations to Departments be received by resolution and by more than two-thirds majority of the City Council in accordance with Minnesota Statute 465.03 B. CRITICAL ISSUES • A portion of the money will be used for initial start-up costs for a two officer/two dog canine program. Money will be used to purchase two dogs, outfit squads, and train the officers and the dogs, at approximately $12,000. • The remainder of the money will be used to offset the cost for an access control system for the police department: $12,700 will be used towards this endeavor. C. FINANCIAL • Five percent (5%), or $1,255.70, of the total ($25,114) has been removed as approved by the grant to cover administrative costs. D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Council could disapprove of the acceptance of grant monies and the funds would have to be returned. V. ATTACHMENTS • Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A '~' RESOLUTION NO. RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY/POLICE TO ACCEPT THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FOR $25,114 FROM THE OFFICE OF JUSTICE PROGRAMS TO BE USED FOR THE POLICE CANINE PROGRAM AND THE POLICE ACCESS CONTROL SYSTEM WHEREAS, Richfield Police has been approved by the U.S. Dept. of Justice to participate in funds made available to several Hennepin County departments through the Edward Byrne Memorial Justice Assistance Grant (JAG); and, WHEREAS, Richfield is scheduled to receive $25,114 to be used as designated by the grant agreement which mandates that the funds be used for law enforcement programs; prosecution and court programs; prevention and education programs; corrections and community corrections programs; drug treatment programs; or planning, evaluation and technology improvement programs; and, WHEREAS, Richfield has agreed that Hennepin County will serve as the fiscal agent on behalf of the Cities of Bloomington, Brooklyn Center, Brooklyn Park, Eden Prairie, Maple Grove, Minneapolis, Plymouth, Richfield and St. Louis Park; and, WHEREAS, Richfield has designated $12,000 to be used for initial start-up costs for a two officer/two dog canine program (to purchase two dogs, outfit squads, and train the officers and dogs) and $12,700 to offset the cost for an access control system for the police department; and WHEREAS, five percent (5%) has been set aside for costs associated with administering the JAG funds, in accordance with the agreement. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield, Public Safety Department will accept funds designated for police programs in accordance to and as listed above. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of January 2006. Martin J. Kirsch, Mayor ATTES°f e Nancy Gibbs, City Clerk AGENDA SECTION: Consent AGENDA ITEM # 4I REPORT # 9 STAFF REPORT CITY COUNCIL MEETING JANUARY 10, 2006 BETSY ®SB®RN, ADMINISTRATIVE REPORT PREPARED BY: SUPPORT SERVICES DIVISION MANAGER NA~LtE, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATI®N: Approval of the continuation of the agreement with the City of Bloomington for the provision of ublic health services for the Cit of Richfield for the ear 2006. I. RECOMMENDED ACTION: By Motion: Approve the attached agreement with the City of Bloomington for continuation of the provision of public health services for the City of Richfield for the year 2006. II. BACI~GR®UND 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 program, and encouraged local jurisdictions to increase the efficiency of their 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 amount for providing public health nursing services in 2006 reflects a 3% increase over the 2005 contract amount. This is due to cost increases as it 0110 Bloomington Nursing Contract for 2006 relates to salaries and benefits. The contract for 2006 is $172,658 while the contract amount for 2005 was $167,629. In 2004, changes were made to the Community Health Services Act at the State level to make reporting and accountability recordkeeping more efficient. Those changes also "regrouped" a large number of funding sources into one, which gives more personalization of the funds for the best specific use of dollars within the community. It is now referred to as the Local Public Health Subsidy. III. BASIS OF RECOMMENDATION A. POLICY • The City of Bloomington has sufficient resources to provide a professional level of public health services to Richfield residents. Annual evaluations of their services has shown that they are providing effective services in a very cost-efficient manner and that Richfield residents receiving their services are very satisfied. B. CRITICAL ISSUES • None C. FINANCIAL • None D. LEGAL None IV. ALTERNATIVE RECOMMENDATION(S) The Council could decide to have Richfield. provide its own public health nursing services. The cost of hiring the nursing 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. The Council could decide to compensate the City of Bloomington at a lower rate, which would require designated reductions in services or programs. V. ATTACHMENTS 2006 Bloomington Public Health contract VI. PRINCIPAL PARTIES EXPECTED AT MEETING None 6 ~, AGREEMENT BETWEEN THE CITIES OF BLOOMINGTON AND RICHFIELD TO PROVIDE COMMUNITY HEALTH SERVICES THIS AGREEMENT, made and entered into this 10th day of January, 2006, 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 public health nursing services (including home visiting), public health clinics, health education, health promotion services, disease prevention and control, health planning, and program administration; and 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, public health 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; and WHEREAS, through this contractual arrangement the provision of community health services will enable Richfield to document progress toward the achievement of statewide outcomes, as stated in Minnesota Statutes, Section 145A.10, Subdivision 5. ~~' NOW, THEREF®RE, 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 community health services (hereinafter called "Health Services"), which includes activities designed to protect and promote the health of the general population within a community health service area by emphasizing the prevention of disease, injury, disability, and preventable death through the promotion of effective coordination and use of community resources, and by extending health services into the community. 2. In addition, Bloomington will also provide Maternal Child Health services which include services provided to women of childbearing age, infants, children and adolescents and to provide services to women and children who qualify for TANF (Temporary Assistance to Needy Families) services. The payment for these additional services is made directly to Bloomington from the Minnesota Department of Health; these grant dollars ($62,980) are not part of this Agreement. 3. Bloomington agrees to provide community health services to the residents of Richfield utilizing the same quality and kind of personnel, equipment and facilities as health services are provided and rendered to residents of Bloomington. 4. Bloomington shall provide the health services pursuant hereto on a confidential basis, using capable, trained professionals. 5. 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. `T ~' Richfield agrees to adopt the same policies, rules, and procedures as are from time to time adopted by Bloomington, if determined by Richfield to be necessary or desirable to facilitate or regulate the provision of Health Services by Bloomington to residents of Richfield pursuant hereto. 6. Richfield agrees to pay Bloomington, for the provision of Health Services pursuant hereto, amounts and on terms as follows: a. The annual sum of $172,658 shall be paid in quarterly payments of $43,164.50 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, 2006 and on January 15, 2007, 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. 7. 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 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. 8. 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. ~' 9. 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. 10. 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 Bloomington's Division of Public Health shall attend meetings of 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. 11. Bloomington hereby agrees to maintain in force its present policy of comprehensive general liability insurance in compliance with Minnesota Statutes, Section 466, and professional liability coverage in the amount of one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) in aggregate for the term of this contract. Said policy shall be with an insurance company authorized to do business in Minnesota. If requested, the City of Bloomington will provide a certificate of insurance evidencing such coverage. 12. 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. 13. This Agreement shall be for a period of from January 1, 2006, to December 31, 2006, 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, 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 such reports. 14. 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. 15. All notices, reports, or demands required or permitted 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: 1800 West Old Shakopee Road Bloomington, Minnesota 55431 Attention: City Manager To Richfield: 6700 Portland Avenue South Richfield, Minnesota 55423 Attention: City Manager Such addresses may be changed by either party upon notice to the other party given as herein provided. 16. The parties agree to comply with the following laws and regulations: a. Richfield agrees to comply with the Americans With Disabilities Act and agrees to hold harmless and indemnify the City of Bloomington from costs, including but `t ~' lO not limited to damages, attorney's fees and staff time, in any action or proceeding brought by third parties alleging a violation of ADA by Richfield. Bloomington agrees to hold harmless and indemnify Richfield from costs, including but not limited to damages, attorney°s fees and staff time, in any action or proceeding brought by third parties alleging a violation of ADA by Bloomington. The City of Bloomington does not discriminate on the basis of disability in the admission or access to, or treatment or 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, 1800 Old West Shakopee Road, Bloomington, Minnesota 55431; telephone (952) 563-8700; TTY: (952) 563-8740. b. The parties agree to comply with the Minnesota. State Human Rights Act, Minnesota Statutes, Section 363. 17. Non-Assignment. The parties agree that this Agreement shall not be assignable except at the written consent of both parties. 18. Scope of Agreement. This Agreement represents the entire Agreement between Richfield and Bloomington and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof; and amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. 19. Richfield will comply with all applicable provisions of the Minnesota Government Data Practices Act, Chapter 13 of the Minnesota Statutes. 20. Both parties shall defend, indemnify, and hold harmless the other party, its officials, employees, volunteers and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from either party's (including its officials, employees, volunteers or agents) performance of the duties required under this Agreement, provided that any such claim,. damages, loss or ~ T- ~ expense is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of properly including the loss of use resulting therefrom and is caused by any negligent act or omission or willful misconduct of either party including its officials, agents, volunteers or employees. Liability shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466. 21. Bloomington and Richfield agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The mediation shall be conducted through the Mediation Center, 1536 Hewitt Avenue, St. Paul, Minnesota 55104. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. 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: Dated: Dated: Its Mayor By: By: Reviewed and approved by the City Attorney. Its Manager City Attorney Dated: CITY OF RICHFIELD: By: !ts Mayor Dated: BY~ Its Manager AGENDA SECTION: AGENDA ITEM # REPORT # ~~ STAFF REPORT CITY COUNCIL MEETING .TaNUARY 10, 2006 PUBLIC HEARING 6 10 REPORT PREPARED BY: MELISSA POEHLMAN, ZONING ADMINISTRATOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of an ordinance that amends the Richfield Zoning Code by establishing three new zoning districts for mixed uses and rezones certain properties in the I-494 Corridor; and consideration of resolution re ardin summa ublication of the above mentioned ordinance. I. RECOMMENDED ACTION: • By motion: Divide the question and amend the ordinance as presented by removing from the proposed ordinance the rezoning of the following properties: 200 78th Street West, 7700 Pillsbury Avenue S, 7701 Pillsbury Avenue S, 7709 Pillsbury Avenue S, 7715 Pillsbury Avenue S, 7717 Pillsbury Avenue S, 7721 Pillsbury Avenue S, 7700 Wentworth Avenue S, 7720 Wentworth Avenue S, 100 78t" Street W, 1400 78t" Street E, 1420 78t" Street E, 1500 78t" Street E, 7700 Bloomington Ave S, and 7711 14t" Avenue S and separating the rezoning of those properties into a separate ordinance. By Motion: Continue the second reading of the ordinance for the rezoning of the properties at 200 78th Street West, 7700 Pillsbury Avenue S, 7701 Pillsbury Avenue S, 7709 Pillsbury Avenue S, 7715 011006 -Mixed Use Districts (I-494 Rezonings) Pillsbury Avenue S, 7717 Pillsbury Avenue S, 7721 Pillsbury Avenue S, 7700 Wentworth Avenue S, 7720 Wentworth Avenue S, 100 78t" Street W, 1.400 78t" Street E, 1420 78t" Street E, 1500 78t" Street E, 7700 Bloomington Ave S, and 7711 14t" Avenue S until March 28, 2006.. • Conduct and close the public hearing arid by motion: Approve the attached ordinance to Richfield Zoning Code Sections 506.07, 516. 01, 530 and Appendix 1 to create the Mixed Use Regional, Mixed Use Commercial and Mixed Use Neighborhood Districts, and to amend zoning district boundaries as amended by the previous motion. • By motion: Approve the attached resolution authorizing summary publication of an ordinance amendment to Section 506.07, 516.01, 530 and Appendix 1 of the Richfield Zoning Code which pertains to re ulations for new mixed use zonin districts. II. BACKGROUND On February 8, 2005 the Richfield City Council approved a one year. moratorium for certain properties bounded by Knox Avenue, 77th Street, Cedar Avenue and Interstate 494 (the I-494 Corridor). The moratorium was intended to provide an opportunity to conduct a planning study to ensure that the Zoning Ordinance and Comprehensive Plan (Plan) were in compliance with one another, and to devise a vision for future development within the I-494 Corridor (Corridor). The City Council approved an amendment to the Plan for the Corridor on December 13, 2005. Staff had anticipated Metropolitan Council approval by early January. Meetings have been held with staff of the Metropolitan Council and adjoining jurisdictions. (Minneapolis, Edina, Bloomington and the Metropolitan Airports Commission). Part of the submittal to the Metropolitan Council includes letters of support from these jurisdictions. City staff is working with these jurisdictions to obtain the letters. In the meantime, the Metropolitan Council is unable to conduct its review and approve the amendment. State law prohibits the City from adopting zoning controls that are not in compliance with its Plan. Until such time as the Metropolitan Council approves the amendment, any amendments made to the zoning code must be in compliance with the current Plan. The proposed zoning changes largely comply with both the current and the amended Plan except for fifteen (15) properties..The proposed rezoning of these properties cannot take place until after the Metropolitan Council has approved the amended Plan., and therefore have been removed from the proposed ordinance. These properties can be rezoned as a separate ordinance following Metropolitan Council approval of the Plan. It is proposed that the City Council continue the public hearing and second reading of the ordinance considering these rezonings to March 28, 2006. The current and amended Plans are both similar and different from each other. Both Plans call for a mix of land uses in the I-494 Corridor (i.e. Regional Commercial, Office, Neighborhood Commercial, and High Density Residential). Both Plans promote the regional significance of the 1-494 Corridor and both Plans also designate the majority of the Corridor to land uses that would attract customers from the metropolitan region as well as from Richfield. The amended Plan, however, is much more detailed and prescriptive in guiding land use development in the Corridor and fosters the concept of a Richfield village. For example, the amended Plan's purpose is to "shape future development in the Corridor to be more unique and identifiable, urban in character, pedestrian-friendly, economically sustainable and ultimately, more livable." In addition, the amended Plan introduces the concepts of mixing land uses vertically, not just horizontally, and developing a linear garden along I-494 and a pedestrian "mews"-connecting various land uses throughout the Corridor. These are all concepts that the current Plan does not address. Finally, while both Plans call for residential land uses in the Corridor, the amended Plan proscribes strategies to create more amenities for residents living in the Corridor. Communication Plan and Process. Over the past few months the consulting firm of Hoisington Koegler Group, Inc. (HKGi) has conducted a series of public open houses and joint meetings of the City Council, Housing and Redevelopment Authority (HRA) and the Planning Commission. Open House Dates (Assumption Church) 1. September 15, 2005 2. October 6, 2005 3. November 3, 2005 Joint Meeting Dates (City Council, HRA, and the Planning Commission) 1. August 31, 2005 2. September 26, 2005 3. October 19, 2005 4. November 16, 2005 5. December 13, 2005 (CC & PC) In order to complete a vision that would be reflective of the vision of the community as a whole, HKGi, together with staff, has made an effort to communicate every portion of this process to residents and business owners within the Corridor, as well as the broader community. A communication plan, which detailed this effort, was reviewed and approved by the City Council September 13, 2005. The communication plan included the following: • Notification of the three above-mentioned open houses was sent to residents and business owners in the Corridor as well as those within 350 feet of the Corridor. • Three separate newsletters were sent to all Richfield property owners and tenants announcing open house dates and reporting the comments and questions raised at the open houses. • Three separate letters from the Mayor were sent to alt property owners in the Corridor personally inviting them to attend the three open houses. One hour prior to the public open house was focused specifically on people from the Corridor. • Invitations to the open houses also went to Congressman Sabo, Senator Thissen, Representative Ranum, Hennepin County, the Metropolitan Council, City of Bloomington staff, MnDOT and Metro Transit. • Open house dates were advertised on the City Hall readerboard. • Open house dates and general Corridor vision updates were placed on the City's website. • News releases were published in the Sun Current. • In September staff contacted the Chamber of Commerce in hopes of presenting the vision to the Chamber for comment. The Chamber's schedule was already reserved through December. • On October 3, 2005, HKGi and staff presented the Corridor vision to the Richfield School Board. The Board was receptive to the proposed changes. • On December 29th, HKGi and staff presented the Corridor vision to the Chamber of Commerce's Government Relations Committee. Drawing from feedback provided by residents, business people, policy makers, staff, developers and market specialists, HKGi has prepared a vision that is represented in the recently approved Plan amendment for the future of the Corridor. Recognizing the special nature of the Corridor and the proposed vision, HKGi has formulated new zoning districts to facilitate its future implementation. These proposed additions and amendments to the Richfield Zoning Code were approved unanimously by the Planning Commission on December 19, 2005. To aid in the review of the proposal, a summary follows: Summary of Mixed Use Districts Ordinance. a) The following definitions have been added to Section 506 (Purposes and Definitions) of the Zoning Code. • "Retail Services, Regional" -Regional retail services are single use or multi-use commercial establishments that draw upon a broad geographic area for their primary market area. Regional commercial retail services include retail uses typically with greater than 50,000 square feet of combined retail square footage either in one single building or attached in a shopping center/mall-like structure. Regional retail services may include some general retailers that are ancillary to the primary use of the site. Examples of regional retail services include: specialty big box stores, discount retailers, shopping centers, restaurants, larger grocery stores. • "Retail Services, General" -General retail services are single use or multi-use commercial establishments that are reliant on a more localized market area for patronage and typically have less than 50,000 square feet of combined square footage but may have upwards of 100,000 square feet. General retail services include professional services such as barber shop, salon, real estate, finance (including banking) and insurance offices, hardware stores, small grocery stores, convenience stores, drug stores, coffee shops, gift or book shops, appliance and electronic repair shops, video stores, municipal liquor stores, business services (walk-in printing, copying), restaurants, contractors or home repair services, veterinary clinics without boarding, etc. • "Retail Services, Neighborhood" -Neighborhood retail services are similar in use characteristics to general retail services; however, neighborhood services have a focus on convenience services that rely mostly on the immediate neighborhood for patronage. Their size is typically small, less than 10,000 square feet of contiguous space. Neighborhood services include convenience stores, coffee shops, cafes/restaurants, barber shops, salons, etc. • "Street Level Active Use Building Frontage" -The space of a building that fronts a primary street and contains a use that provides for a significant level of pedestrian activity from early morning to late evening hours on weekdays and evenings. Such uses could include retail, service commercial, restaurants, coffee shops, libraries, post offices, common space or lobbies, and conference rooms or party rooms of office or high density residential developments. • "Live-work unit" - A personal residence that is specifically designed and located to allow accessory business use by the occupants of the residence. This may include office and service uses and retail sales of products produced on-site (art, craft, etc.). • "Open Space, Usable" =Specifically designated open space that is easily accessible and intended to serve residents and/or employees as well as visitors. This encompasses various types of open space for passive enjoyment as well as active use and includes accessible green areas and hard-surfaced urban plazas, linear pedestrian-oriented greenways, major pedestrian areas, street parks, pocket parks and outdoor recreation areas. Usable open space does not include driveways, parking areas or required landscape setback areas, unless these. are specifically designed for public customer access and use. b) The following new terms are defined within the Mixed Use. District Section 530: • "Major Pedestrian Area" -The I-494 Comdor Plan and the Richfield Comprehensive Plan envision a continuous central spine of pedestrian circulation along the length of the I-494 Corridor roughly midway between 77th Street and I-494. This pedestrian area shall be part of the usable open space area and shall be designed for pedestrian circulation and may include gathering and event space. As a result of feedback from the Planning Commission and City Council members some modifications have been made in the text indicated in bold print. c) Table 1 -Uses of the Mixed-Use Districts has been updated as follows: • Office and clinic uses have been changed from not permitted to accessory uses in the MU-N District. • Appliance repair and service has been removed from the table. This use is covered under the general retail services heading. • Motor vehicle rental facilities have been changed from not permitted to accessory use in the MU-R Districts. • Assembly, warehouse, manufacturing has been changed to assembly and manufacturing and is categorized as an accessory use in MU-R and MU-C Districts. This is intended to capture such uses as bakeries and bike shops that do some on- site preparation of products. • Licensed daycare facilities have been added as a permitted use in all MU Districts. • Assisted living facilities or residential care facilities has been combined with nursing, rest homes. Such uses have been changed from not permitted in the MU-C and MU-N Districts to permitted in MU-C and MU-N Districts. • Schools have-been changed from not permitted to conditionally permitted in the MU-R District. • Churches, synagogues, etc. has been changed to places of worship and is now allowed as an accessory use in the MU-R District. d) Conditional requirements for the uses defined as conditionally permitted in the use table have been ,added and/or modified. These regulations are generally consistent with current Code requirements. • Class III restaurants and other uses which provide drive-up window or teller service • .Regional retail services in MU-C • General retail services in MU-N • Class 1 Restaurants in MU-C. • Motor vehicle sales -new vehicles • Motor vehicle repair and service • Firearms-related uses • Schools in MU-R e) Table 2 -Mixed Use Bulk and Dimensional Standards. A caveat has been added to the building story minimums that allows for single story portions of structures that are: 1. Attached to a principal structure that is two or more stories in height, and 2. Make up no more than 40% of the total structure's footprint. f) Requirements for the composition of uses within districts have been added. • MU-R District: 1. Mix of uses not required. 2. Residential uses cannot exceed 25% of total floor area. • MU-C District: 1. Mix of uses required for sites exceeding two acres. 2. No single type of use can exceed 75% of total floor area. • MU-N District: 1. Mix of uses not required. 2. Non-residential uses cannot exceed 10% of total floor area up to a maximum of 10,000 square feet. 3. A maximum of 10,000 square feet. g) Performance Standards: • Subd. 4. A sentence has been added that makes it a requirement for buildings abutting a major pedestrian circulation area (i.e. the green spine) to have at least one of its primary entrances facing that area. • Subd. 5. Language has been added that requires ground floors facing pedestrian areas to have at least 20% of that wall area to be display areas, windows, or doorways. This requirement previously just applied to streets. • Subd. 7 and Subd. 8. Additional vehic{e and bicycle circulation requirements have been added, including a provision requiring bicycle racks or storage. • Subd. 10. This section has been revised to include language that specifically identifies the idea of a central landscaped "spine" throughout the corridor, as well as requirements for the provision of the landscape feature intended to run alongside I-494. h) Parking • To achieve the intent of the proposed Mixed-Use zoning ordinance of discouraging auto oriented uses in favor of pedestrian friendly mixed-use developments, the proposed parking standards includes a maximum and minimum number of parking spaces required. In addition, because of the intent to intensify development and allow a mix of uses so people will be able to walk from use to use as opposed to driving their cars to each destination, the minimum parking spaces required has been reduced by approximately 20% from current zoning code requirements (for example the current requirement for retail is five spaces per 1,000 square feet of floor area. A 20% reduction would make it four spaces per 1,000 square feet}. HKGi has studied other areas with similar parking requirements and land use development to ensure the proposed parking standards are appropriate. III. BASIS OF RECOMMENDATION A. POLICY • Section 506.03 of the Richfield Zoning Code states as its foremost purpose, "to assist in the implementation of the City's Comprehensive Plan". • The Council approved an amendment to the Plan for the Corridor on December 13, 2005. The Metropolitan Council is required to review and approve this amendment. • Current zoning regulations do not adequately regulate development to be in conformance with the approved Plan amendment. • The moratorium was originally put in place to help remedy this situation. • The City cannot adopt a zoning ordinance that is in conflict with its Plan. While the majority of the proposed rezonings are in conformance with both the current and the amended Plan, there are two general areas (15 properties) in the Corridor that are in conformance with the amended Plan, but not the current Plan. • The rezoning of these 15 properties cannot take place until the Metropolitan Council approves the City's Plan amendment. • These properties have therefore been removed from the original ordinance and proposed to be continued as a separate ordinance until March 28, 2006. B. CRITICAL ISSUES • As part of the visioning process, HKGi convened a panel of developers and market specialists. The panel made a very salient point. This is a bold, innovative, unique vision. The task for the City is to change the perception that the development community has of the Richfield portion of the Corridor. The development community will change its perception only after the City has demonstrated a strong commitment to the vision; month after month and year after year. The commitment of the City must not falter. • The overall concept for the Corridor is horizontal and vertical integration of uses into multiple story structures. This vision challenges and departs from the past, which could be characterized as a pattern of single user, single story structures with surface parking. By taking development in this new direction which focuses on horizontal and vertical integration of uses within multi-story buildings with pedestrian-friendly nodes of regional, community and neighborhood scale development, Richfield can distinguish itself from other communities. • The vision translated into the zoning ordinance meets the goals of the Corridor study. The goal of the study was to expand and encourage developments that would: o Help ensure the continued investment in and future vitality of the community. o Establish an attractive gateway to the community at our Lyndale, Nicollet and Portland Avenue front doors. o Support and protect Richfield's predominantly residential character. o Reflect the high quality of the community and Richfield's competitiveness in the metropolitan area. o Increase, expand and diversify Richfield's tax base. o Anticipate, provide for, and take advantage of opportunities that will make Richfield ready for the future . expansion of I-494. o Provide employment opportunities for people who live in the community. • The proposed ordinance amendments allow existing uses to continue "as is" indefinitely. • The proposed ordinance amendments have been created based on a six-month study and open dialogue with the community and policymakers. C. FINANCIAL • Implementation is intended to occur over time primarily through private-sector investment. • Approving the Resolution, approving Summary Publication will likely save well over one thousand dollars. The complete text will be on the City's web site. D. LEGAL • Minnesota State Statute 473.865 Subdivision 2 states that "[a] local governmental unit shall not adopt any official control or fiscal device which is in conflict with its comprehensive plan...". • Once approval of the Plan amendment is received, the City may rezone the 15 properties that have been removed from the original ordinance. • The Planning Commission voted unanimously to approve the proposed ordinance amendments on December 19, 2005 (eight of nine members present). • If approved, the ordinance amendments will- become effective 30 days after publication in the Sun Current. o If approved publication would be January 19, 2006 with the ordinance taking effect February 18, 2006. o The moratorium period expires February 8, 2006. There is a ten day "window" from February 8-18. If someone applied for a building permit and the proposal conformed with existing zoning but not the Plan amendment a building permit would be issued. There are situations where application for a building permit would require an off-street parking permit and/or a conditional use permit. Both would require City Council approval. It is unlikely the application could be processed before the ordinance takes effect. The Council meets on February 14th. An application submitted on February 9th would not be available for Council review on the 14th due to publication/notification requirements and deadlines. • Notification of this public hearing and the public hearing held before the Planning Commission on November 28 and December 19, was sent to all property owners and residents within the Corridor, as well as property owners and residents within 350 feet of the moratorium area. • Property owners and residents within the Corridor will be notified of the zoning amendments when approved by the City Council. • Notification of the continued public hearing and second reading will. be published in the Sun Current and mailed to affected property owners. • Changes to the zoning ordinance and most rezonings of property require a simple majority vote of the City Council; however, rezoning residential property to either commercial or industrial requires atwo- thirds majority vote of all members of the Council. Because two properties in the project area are proposed to be rezoned from Multi- Residential High Density (MR3) to Mixed Use-Commercial (MU-C), the adoption of the proposed ordinance requires atwo-thirds vote. IV. ALTERNATIVE RECOMMENDATION(S~ • Reject the motion to approve the attached ordinance amendments and additions to Richfield Zoning Code Sections 506.07, 516.01, 530 and Appendix 1 as amended by the removal of the rezoning of properties at 200 78tH Street W, 7700 Pillsbury Avenue S, 7701 Pillsbury Avenue S, 7709 Pillsbury Avenue S, -7715 Pillsbury Avenue S, 7717 Pillsbury Avenue S, 7721 Plllsbur~r Avenue S, 7700 Wentworth Avenue S, 7720 Wentworth Avenue S, 100 78t Street W, 1400 78tH Street E, 1420 78tH Street E, 1500 78tH Street E, 7700 Bloomington Avenue S, and 7711 14tH Avenue S. o The current zoning regulations for properties within the moratorium area do not adequately regulate development. to be in conformance with the expressly stated goals and intents of the Plan amendment. o If the moratorium expires before new zoning regulations are in place, a building proposal that meets all of the current zoning requirements, but completely disagrees with the intent of the Plan amendment could be submitted to the City for approval City,staff would likely be unable to deny a building permit even though the .application was contrary to the Plan amendment. • Delay approval of the attached ordinance amendments. and additions to Richfield Zoning Code Sections 506.07, 516.01, 530 and Appendix 1 as amended by the above listed properties. o Adjustments may be needed or desirable. Those adjustments can be made through the amendment process making a delay unnecessary. V. ATTACHMENTS • Ordinance amendments and additions to Sections 506.07, 516.01, 530 and Appendix 1 of the Richfield Zoning Code as amended by the removal of the rezonings for certain properties listed above. • .Ordinance amendment to Appendix 1 of the Zoning Code regarding the rezoning of properties removed from the original ordinance, which is continued until March 28, 2006 • Resolution for summary publication of ordinance amendments • Maps of existing and- proposed zoning • Map of properties to be rezoned following Metropolitan Council approval of the Comprehensive Plan • Q&A based on questions raised at the November 28, 2005 public hearing before the Planning Commission. VI. PRINCIPAL PARTIES ENPECTED AT MEETING • Donna Drummond, Planning Commission Chair • Mark Koegler, HKGi • Greg Ingraham, HGKi ~j ORDINANCE NO. AN ORDINANCE RELATING TO ZONING; ESTABLISHING REGULATIONS FOR THREE NEW MIXED USE ZONING DISTRICTS, INCLUDING MIXED-USE REGIONAL, MIXED-USE COMMUNITY, AND MIXED-USE NEIGHBORHOOD; AMENDING THE RICHFIELD ZONING CODE BY CREATING A NEW SUBSECTION 530; AMENDING APPENDIX 1 TO THE RICHFIELD ZONING CODE BY REZONING CERTAIN PROPERTIES WITHIN THE I-494 CORRIDOR AREA AS MIXED-USE REGIONAL, MIXED-USE COMMUNITY, AND MIXED-USE NEIGHBORHOOD; AMENDING SUBSECTION 516.01 OF THE RICHFIELD ZONING CODE; AMENDING SUBSECTION 506.07 OF THE RICHFIELD ZONING CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 516.01, subdivision 1 of the Richfield City Code is amended to read as follows: 516.01. Zoniing districts. Subdivision 1. Establishment of districts. 1n order to carry out the purposes and provisions of this code, the City is hereby divided into the following zoning districts: DISTRICT TITLE ABBREVIATION ~RESIDENTIAL~ DISTRICTS Single Family Residential R Low Density Single Family Residential R-1 Two Family Residential MR-1 Multi-Family Residential MR-2 Hi h Densit Multi-Famil Residential MR-3 COMMERCIAL DISTRICTS- Neighborhood Business C-1 General Commercial C-2 Hi h Densit Commercial C-3 MIXED USE DISTRICTS Mixed Use Re Tonal MU-R Mixed Use Communit MU-C Mixed Use Nei hborhood MU-N :INDUSTRIAL -DISTRICTS Industrial PLANNED UMT DEUELgPMENT DISTRICTS Planned Residential PR Planned Two Family Residential PMR-1 Planned Multi-Family Residential PMR ~, -2 Planned Neighborhood Commercial Planned General Commercial Planned Industrial PC-1 PC-2 PI Section 2. Subsection 506.07, of the Richfield City Code is amended by adding a new subdivision after subdivision 43, the new subdivision to read as follows, and by now renumbering all following subdivisions accordingly. Subd. 44. "Live -work units" - A personal residence that is specifically designed and located to allow accessory business use by the occupants of the residence. This may include office and service uses and retail sales of products produced on-site (art, crafts, etc.). Section 3. Subsection 506.07, of the Richfield City Code is amended by revising subdivsion 61 and adding a new subdivision after existing subdivision 61 (Outdoor Open Space), the revised and new subdivisions to read as follows, and by now renumbering all following subdivisions accordingly. Subd. 62. "8u-tdeer Open Space, Outdoor" Subd. 63. "Open space, Usable" -Specifically designated open space that is easily accessible and intended to serve residents and/or employees as well as visitors. This encompasses various types of open space for passive enjoyment as well as active use and includes accessible green areas and hard-surfaced urban plazas, linear pedestrian-oriented greenways, major pedestrian areas, street parks, pocket parks and outdoor recreation areas. Usable open space does not include driveways, parking areas or required landscape setback areas, unless these are specifically designed for public or customer access and use. Section 4. Subsection 506.07 of the Richfield City Code is amended by adding three new subdivisions after existing subdivision 70 (Restaurant -Class I~, the new subdivisions to read as follows, and by now renumbering all following subdivisions accordingly. Subd. 73. "Retail Services, General" -General retail services are single use or multi-use commercial establishments that are reliant on a more localized market area for patronage and. typically have less than 50,000 square feet of combined square footage but may have upwards of 100,000 square feet. General retail services include professional services such as barber shops, salons, rea{ estate, finance (including banking) and insurance offices, general merchandise stores, hardware stores, small grocery stores, convenience stores, drug stores, coffee shops, gift or book shops, appliance and electronic repair shops, video stores, municipal liquor stores, business services (walk-in printing, copying), restaurants, contractors or home repair services, veterinary clinic without boarding, etc. 2 (~ -3 Subd. 74. "Retail Services, Neighborhood" -Neighborhood retail services are similar in use characteristics to general retail services; however, neighborhood services have a focus on convenience services that rely mostly on the immediate neighborhood for patronage. Their size is typically small, less than 10,000 square feet of contiguous space. Neighborhood services include convenience stores, coffee shops, cafes/restaurants, barber shops, salons, etc. Subd. 75. "Retail Services, Regional" -Regional retail services are single use or multi-use commercial establishments that draw upon a broad geographic area for their primary market area. Regional commercial retail services include retail uses typically with greater than 50,000 square feet of combined retail square footage either in one single building or attached in a shopping center/mall-like structure. Regional retail services may include some general retailers that are anciffary to the primary use of the site. Examples of regional retail services include: specialty big box stores, discount retailers, shopping centers, restaurants, larger grocery stores, etc. Section 5. Subsection 506.07, of the Richfield City Code is amended by adding a new subdivision after the existing subdivision 76 ("Story, half"), the new subdivision to read as follows, and by now renumbering all following subdivisions accordingly. Subd. 82. "Street level active use building frontage" -The space of a building that fronts a primary street and contains a use that provides for a significant level of pedestrian activity from early morning to late evening hours on weekdays and evenings. Such uses could include retail, service commercial, restaurants, coffee shops, libraries, post offices, common space or lobbies, and conference rooms or party rooms of office or high density residential developments. 3 r Section 6. The Richfield City Code is amended by adding a new Subsection 530 to read as follows: SUBSECTION 530 -ZONING: MIXED USE DISTRICT 530.01 Mixed Use Districts (MU1. Subdivision 1. Sub-districts defined. A mixed use district is an area that supports multiple land uses that are complementary to one another and support the ability to live, work, shop and play within a development pattern of horizontally mixed or vertically mixed uses. There are three sub-districts of mixed use as follows: a) Mixed Use Regional - (MU-R): Regional mixed use supports destination oriented commercial and office uses at a high density/intensity of development. Limited higher density residential uses would be encouraged to support major employment concentrations. Vertical mixing of uses would be encouraged to create building mass along primary arterials. b) Mixed Use Community - (MU-C): Community mixed use includes shops and services that support the surrounding community. A balanced mix of commercial, office and higher density residential uses would be included in this district. Vertical mixing of uses would be encouraged to create building mass along primary arterials. c) Mixed Use Neighborhood - (MU-N): Neighborhood mixed use emphasizes residential development with supporting retail and commercial service uses. Commercial services are emphasized at key transportation nodes/corners and are intended to be of a smaller scale, neighborhood orientation. Subd. 2. Purpose and Intent. The purpose and intent of the Mixed Use Districts shall be to: a) Guide future development along the I-494 corridor in order to adapt to market and transportation changes; b) Encourage vertical mixed-uses clustered at primary (regional) and secondary (community) transportation nodes to build identity within the district; c) Provide a mix of residential densities along the corridor; d) Provide appropriate transitions between uses; e) Promote greater pedestrian and bicycle access and connections throughout the corridor and along the length of the corridor; 4 // r lP'~~ f) Discourage auto oriented uses in favor of pedestrian friendly mixed-use development; g) Encourage reductions in impervious surface, well landscaped and attractive public and private spaces with a pedestrian and bicycle friendly character and environment by minimizing surface parking and enhancing pedestrian corridors (sidewalks and trails) through reinforcing build-to .lines, getting new buildings to address the street and emphasize enticing street level architecture; h) Encourage public open spaces within the corridor by allowing and encouraging taller buildings for high-density uses; i) Ensure high quality architectural design and materials; j) Promote increased use of transit; and k) Encourage redevelopment in a manner that is consistent with the Comprehensive Plan and any redevelopment plan(s) that exist for the district. 530.02 Permitted Uses. Subdivision 1. The following table establishes permitted, conditionally permitted and accessory uses for the Mixed Use Districts. 5 ~~~ Table 1. Uses of the Mixed-Use District The following abbreviations are used within the use table: P= permitted use C= conditionally permitted A= accessory use N= not permitted Use MU-R MU-C MU-N Commercial Re Tonal retail services P C N General retail services P P C Nei hborhood retail services P P P Restaurant Class I servin alcohol P C N Restaurant Class II traditional/cafeteria P P P Restaurant Class III (fast food/convenience C C N Restaurant Class IV take out onl P P P Convenience store with as P P N Convenience store without as P P P Offices and clinics P P A Hotel/motel P P N Mortuaries and funeral cha els N P N Health or athletic clubs, spas, yoga studios P P N Theaters, movie or live entertainment P N N Motor vehicles sales -new vehicles C N N Motor vehicle re air and service C C N Motor vehicle rental facilities accessory to a primary office or hotel use A A N Assembly and manufacturing accessory and subordinate to a retail use A A N Drive-u window or teller service C C N Adult business establishments as defined and regulated under Subsection 1196 of the Cit Code P P N Firearms related uses C N N Licensed da care facilities P P P R sidential Dwellin ,townhouse N N P Dwellin ,multi-famil P P P 6 ~-7 U MU-R MU-C MU-N Live -work units N P P Assisted living facilities, nursing, rest homes N P P In titution/Public Places of worshi A P P Government offices A P A Police sub-station P P P Schools C P P Libra N P P Parks P P P Hos itals P N N Transit facilities A A A Public utilit A A A Subd. 2. Any land use. not listed as Permitted, Accessory or Conditional in this chapter is prohibited in the Mixed-Use Districts unless the use is found to be substantially similar to a use listed, as determined by the City in accordance with Subsection 511.05 of this Code. 530.03 Conditional Uses. The uses listed in this subsection are conditional uses in the MU-R, MU-C or MU-N Districts and are subject to the conditional use permit provisions outlined in Subsection 546.05 of this code and the following conditions. Subd. 1. Regional retail services in MU-C. Regional retail services in the MU-C district provided that retail uses with over 50,000 square feet of gross floor area, are located within amulti-tenant or multi-use shopping area or other multi- tenant development and meet the mixed use requirements of Subsection 530.04, Subd. 2. Subd. 2. General retail services in MU-N. General retail services in the MU-N district provided the following conditions are met: The retail uses front on an arterial street and meet the area requirements of Subsection 530.04, Subd. 2. Subd. 3. Restaurant Class I in MU-C. Class I restaurants in the MU-C district provided the following conditions are met: a) If the use site abuts a parcel with residential uses on the first floor, a buffer yard of not less than 25 feet in width and 50% all-season opacity from the ground to a height of six feet shall be provided to separate all aspects of such use from the abutting residential uses. The Council may reduce this requirement to not less than 15 feet if significant additional landscaping and/or fencing, with 75°!o al{-season opacity, is provided to screen the use; 7 (~ ' C~ b) Alcoholic beverages shall not be served unless the lot abuts an arterial or collector street. Subd. 4. Restaurant Class III or Drive-Up Window or Teller Service. Uses with drive-up window or teller service provided the following conditions are met: a) No drive-up window or lane shall be adjacent to a public street; b) Drive-up uses shall be limited to one service window which is part of a primary structure and no more than two queuing lanes, unless approved along with additional landscaping, screening, or other improved pedestrian amenities such as fencing, seating, raised pedestrian crossings, etc; c) Drive-up must be part of amulti-tenant mixed-use development. Freestanding buildings shall not have drive-up facilities unless they are designed to minimize impacts to the` pedestrian environment and adequately address circulation issues and potential noise or light pollution; d) There shall be no curb cuts on public streets exclusively for the use of drive-up queuing or exit lanes. Drive-up traffic shall enter and exit from internal circulation drives; e) If the use site abuts a parcel with residential uses on the first floor, a buffer yard of not less than 25 feet in width and 50% all- season opacity from .the ground to a height of six feet shall be provided to separate all aspects of such use from the abutting residential uses. The Council may reduce this requirement to not less than 15 feet if significant additional landscaping and/or fencing, with 75% all-season opacity, is provided to screen the use; f) Queuing space for at least four cars (70) feet shall be provided per drive-up service lane as measured from but, not including the first drive-up service window or teller station. Such queuing space shall not interfere with parking spaces or traffic circulation; g) Any drive-up service window, teller or order station, or exterior loudspeaker shall be located at least 150 feet from any parcel with residential uses on the first floor; h) The applicant shall demonstrate that such use will not significantly lower the existing level of service on streets and intersections; i) Alcoholic beverages shall not be served; and j) Exterior speakers shall comp{y with the. noise control limits set by Subsection 930 of the City Code. 8 ~-9 Subd. 5. Motor Vehicle Sales New Vehicles. Motor vehicle sales of new vehicles provided the following conditions are met: a) Motor vehicle repair and service and sales of used vehicles are allowed when accessory to new vehicle sales. Used auto sales shall be permitted only as an integral -part of a new auto sales business (from the same land parcel and in close proximity to the new cars). b) The business shall be licensed under Subsection 1155 of the City Code; c) The use site shall not abut a lot which is in the R or R-1 District. For the purpose of this subdivision, a lot which merely adjoins the use site at one corner shall not be deemed to abut the use site; d) A buffer yard of not less than 15 feet in width shall be provided to separate all aspects of such use from abutting parcels; e) Landscaping for the site, including display areas, shall comply with the Performance Standards described in Subsection 541 of this code; f) Inoperable vehicles shall not be stored on the premises, except in appropriately designed and screened areas as approved by the City; g) Parking of vehicles on public right-of-way shall be prohibited; h) All repair, assembly, disassembly, maintenance, and detailing of vehicles shall occur within an enclosed building, except minor maintenance such as tire inflation or adding windshield wiper fluid; and i) Any exterior speaker shall comply with the noise control limits set by Subsection 930 of the City Code. Subd. 6. Motor Vehicle Repair and Service. Motor vehicle repair and service provided the following conditions are met: a) If the use site abuts a parcel with residential uses on the first floor, a buffer yard of not less than 25 feet in width and 75% all-season opacity from the ground to a height of six feet shall be provided to separate all aspects of such use from the abutting residential uses. The Council may reduce this requirement to not less than 15 feet if significant additional landscaping and fencing, with 100% all-season opacity, is provided to screen the motor vehicle repair and service use; (Amended, Bill No. 1996- 7, Sec. 2) 9 -~~ b) A buffer yard of not less than 15 feet in width shall be provided to separate all aspects of such use from any abutting parcel; c) Vehicles which are inoperable shall not be stored on the premises, except in appropriately designed and screened areas as approved by the City. In accordance with Subsection 1320 of the City Code, inoperable vehicles cannot be stored on any property for more than 96 hours; d) Parking of vehicles on public right-of-way shall be prohibited; e) If the use is not located on a county road or state highway, it shall not be operated between the hours of 11:00 p.m. and 6:00 a.m.; and f) All repair, assembly, disassembly, and maintenance of vehicles shall occur within an enclosed building, except minor maintenance such as tire inflation or adding oil or windshield wiper fluid. Subd. 7. Firearms Related Uses. Firearms related uses provided the following conditions are met: a) Such uses shall be licensed under Subsection 920 of the City Code; b) Such uses shall be located not less than 300 feet from any school, church, daycare center, public library, or governmental building; c) Such uses shall be located not less than 1,000 feet from other gun or ammunition sales/repair businesses or firearms related uses; d) Such uses shall be located not less than 100 feet from residentially zoned property; e) Firearms-related uses shall not operate before 8:00 a.m. or after 9:00 p.m.; f) Firearms-related uses shall only be allowed within an enclosed structure which is soundproofed to prevent the sound to be heard by persons on adjoining property; g) No firearms-related use shall be allowed in a trailer or other non- permanent building; h) Any firing-range existing in the City on or prior to January 1, 2004 shall be allowed to continue; i) The use, occupancy, and construction of the building shall conform to the Minnesota State Building Code; 10 lU ~~~ j) The use shall conform to the applicable Minnesota Pollution Control Agency, Environmental Protection Agency, and OSHA standards for indoor ventilation, emissions into the atmosphere, indoor sound levels, lead containment, and outside noise standards; k) The design and construction of any firearm-related use shall totally confine all ammunition rounds within the building and in a controlled manner. The design and construction of the firing range shall be certified by a registered architect and engineer in the State of Minnesota. The certified plans shall include the specifications and construction of the bullet trap(s), ceilings, exterior and interior walls, and floors. The certified plans shall state what type and caliber of ammunition the range is designed to totally confine; I) No ammunition shall be used in any firearms-related use that exceeds the certified design and construction specifications of the firing range; m) A written log of users of any firing range or other firearms-related use shall be maintained by the range operator. The log shall include the name and address of the range user, and the time and date the user was in the range. The name and address of the user shall be verified by photo identification; n) An alarm system, cut wire protected, shall be supplied to provide security for a building containing any firearm-related use; o) Firearms which are stored on the premises shall be stored in a vault when the range is closed for business. An alarm system, independent of the general alarm system and cut wire protected, shall be supplied for the firearm vault; p) Ammunition shall not be stored in the firearm vault; q) On site supervision at any firearm-related use shall be supplied at all times by an adult with credentials as qualified range master; r) An outside security plan for the general grounds of any firearm-related use shall be submitted to the City Manager or designee for review and approval; s) The transport of firearms on the premises shall conform to State Law; t) Minors shall not be allowed in any firearm-related use unless accompanied by an adult at all times. This provision shall not be 11 ~ -t 2 interpreted to prohibit minors from participating in a firearm safety class, which is supervised by an adult instructor; and u) The Council reserves the authority to review or modify the performance standards for the range. Subd. 8. Schools in MU-R. Schools in the MU-R district provided the following: the school has a regional orientation, be oriented to secondary, post secondary, business or vocational learning and be part of amixed-use development. 530.04 Bulk/Dimensional Standards. Subdivision 1. The following table establishes certain bulk standards for the MU Districts. Table 2. Mixed Use Bulk and Dimensional Standards Standard MU-R MU-C MU -N Building Stories 2 min no max 2 min 12 max 2 min 8 max Building Coverage 50% 75% 30% min 50% max 0 min 50% min max max Maximum Impervious 85% of gross 80% of gross parcel 75% of gross Surface Covera a arcel area area arcel area Usable Open Space 5% of gross 5% of gross parcel 10% of gross Re uirement arcel area area arcel area Street Level Active Use 60% minimum 50% minimum No minimum Buildin Fronta e Residential Set backs (standard setbacks) Front -build to line 10' min 20' max 10' min 20' max 15' min 25' max Side 5' min 5' min 5' min Rear 5' min 5' min 5' min (zero lot line setbacks) Front -build to line 10' min 20' max. 10' min 20' max 15' min 25' max Side 0' min 0' min 0' min Rear 0' min 0' min 0' min Commercial and Mixed Use Set backs4 (standard setbacks) Front (build to line) 0' min 15' max 0' min 15' max 5' min 15' max Side 5' min 5' min 5' min Rear 5' min 5' min 5' min (zero lot line setbacks) Front -build to line 0' min 15' max 0' min 15' max 5' min 15' max Side 0' min 0' min 0' min Rear 0' min 0' min 0' min 12 ~ -~3 Front yard setback for 20' min 20' min 20' min upper stories after the 3~d sto Set backs and 5' min 5' min 5' min 5' min landscape area (front and arkin Set backs and 15' min 15' min 15' min landscape area to -494 ' Parking structures shall not be included in calculation of building stories. 2 Single story portions of structures may be allowed provided they are attached to a principal structure that is two or more stories in height and that the footprint of the single story portion of the structure is no more than 40% of the total structure's footprint. s Standard setbacks. apply to all uses except zero lot line developments. The front setback is a build-to line designed to locate buildings in close proximity to the public street. Zero lot line setbacks allow buildings to be placed on an interior property line if that structure and the adjacent structure are designed with that placement in mind and a compatible relationship of uses results, including consideration of circulation drives, open space, easements, utility parking areas and glazed facades. a Standard setbacks apply to all uses except zero lot line developments. The front setback is a build-to line designed to locate buildings in close proximity to the public street. Zero lot line setbacks allow buildings to be placed on an interior property line if that structure and the adjacent structure are designed with that placement in mind and a compatible relationship of uses results, including consideration of circulation drives, open space, easements, utility parking areas and glazed facades. Subd. 2. Mix of Uses Required. A mix of uses within a building is required in the MU-C district and other building use criteria apply to the MU-R and MU-N districts. a) In the MU-R district a mix of uses is not required, however, residential uses are permitted up to 25% of the total building floor area on the site.. i.e. if a site contains 100,000 square feet of building floor area, no more than 25,000 square feet of building area can be devoted to residential units and the common areas or associations that serve residential units. b) In the MU-C district a mix of uses is required for development sites that exceed two acres in size. No single use type (retail, office, service, hotel, residential, etc.) can exceed 75% of the total building floor area on the site. c) In the MU-N district a mix of uses is not required, however, no more than 10% of the total building floor area on the site or within the development can be devoted to non-residential uses. Total non-residential floor area in a residential development or building shall not exceed 10,000 square feet. 13 ~-1`~ 530.05 Parking Standards. Subdivision 1. Off Street Parking Ratios. The following table establishes minimum parking standards for uses within the Mixed Use Districts. Table 3. Minimum Parkin Standards for Mixed Use Districts Land Use Type Off Street Parking Ratio MU-R MU-C MU-N Commercial Retail (per 1,000 square feet) 4 3 3 Commercial Services (per 1,000 square feet) 3 2 2 Office (per 1,000 square feet) 3.5 2 2 Civic (per 1,000 square feet) 3 2 2 Hotel/motel (per room) 1 1 1 Residential Townhouse (per unit) 1.5 1.5 1.5 Residential Multi-family (per unit) 1.5 1.5 1.5 Other Uses As determined by the Zoning Administrator Subd. 2. Parking Maximums. Provisions for off street parking shall not exceed .125% of total parking needed based on minimum required off street parking as listed in Table 3 Minimum Parking Standards for Mixed Use Districts. Subd. 3. Parking Reductions. Refer to Subsection 541.07. Subd. 4. Shared Parking. Shared parking between complementary uses is encouraged. Uses which are allowed to construct reduced parking through the use of shared parking are required to file cross access, circulation, use and maintenance agreements with the City as part of the overall development agreement. 530.06 Other Performance Standards. Subdivision 1. Exterior Lighting~. Exterior lighting should be used to provide illumination for the security and safety of entry drives, parking, service and loading areas, pathways, courtyards and plazas, without intruding on nonadjacent properties shall comply with Subsection 541.03 and the following standards: a) Standards 1. Poles and fixtures shall be architecturally compatible with structures and lighting on- site and on adjacent properties. 14 (~ -/ ~ 2. Security lighting shall be adequate for visibility, but not overly bright. 3. Metal halide lighting shall be used with a concealed light source of the "cut-ofP' variety to prevent glare and "light trespass" onto adjacent buildings and sites. 4, Poles within landscaped areas and plazas shall have a maximum height of 20 feet, measured from grade. Poles within these areas may be set on pedestals no more than 8 inches in height. 5. Poles in parking lots shall have a maximum height of 24 feet measured from finished grade. 6. Lighting fixtures mounted directly on structures shall be permitted when utilized to enhance specific architectural elements or to help establish scale or provide visual interest. 7. "Wall paks" shall be permitted only in loading and service areas and shall be down-lit and shielded from view. 8. Shielded Illuminators or fixtures shall be permitted to light building mounted signage, building facades, or pedestrian arcades if they are integrated into a building's architectural design. 9. Lighting should highlighting entrances, art,. terraces, and special landscape features. 10. Separate pedestrian scale lighting or other low level fixtures, such as bollards, shall be incorporated for all pedestrian ways through parking lots and drop-off areas at entrances to buildings. 11.A11 primary walkways, steps or ramps along pedestrian routes shall be illuminated. b) Liclht Intensity 1. A photometric lighting plan is required for all proposed commercial developments to ensure that adequate and appropriate light levels are provided for each site condition. 2. The following levels of illumination should be maintained for each of the specific locations*: (i) Building Entrances 5.0 footcandles (ii) Sidewalks 2.0 footcandles (iii) Bikeways 1.0 footcandles (iv) Courts/Plazas/Terraces 1.5 footcandles 15 ~~i~ (v) Ramps 5.0 footcandles (vi) Stairways 5.0 footcandles (vii) Underpasses 5.0 footcandles (viii) Waiting Areas 1.0 footcandles (ix) Parking Lots 1.0 footcandles. (x) Roadways 1.5 footcandles Values given area in minimum average maintained horizontal, footcandles which are .measured at the average point of illumination between brightest and darkest areas, 4'- 5' above the ground surface. (Source: IES Lighting Handbook - 4th Edition). c) Site lighting should provide consistent levels of illumination, avoiding pockets of very high or low levels of illumination. Subd. 2. Refuse Collection/Utilitarian Items. Refuse collection, recycling and utilitarian elements shall be designed into the interior space of buildings. All delivery and loading operations, HVAC equipment, and other utility and service function shall be grouped and arranged away from the public right-of-way and fully screened from other public areas, and adjacent properties utilizing architectural screening consisting of the same exterior facing materials as the principal building. Subd. 3. Architectural Standards. Development shall comply with the provisions of Subsection 541.13 and the following standards: a) All structures including parking ramps shall be designed to be architecturally integrated into the overall site and be made of comparable materials and decorative elements (See Subdivision 7). b) Exterior windows shall not be flush with the .exterior .walls. The windows shall utilize window trim with a minimum relief of 1-" from the exterior wall or other similar articulation. Subd. 4. _Building Relationship to Street and Pedestrian Areas. All new retail, commercial, office, and mixed-use buildings are to provide a variety of active uses along a public street and/or major pedestrian area. This includes, but is not limited to, the use of multiple street front shops or businesses, multiple entrances into large single tenant buildings and design treatments of .entrances, windows, facades etc. New buildings and developments. shall comply .with the following standards for building orientation and primary entrance: 16 ~~l`7 a) All buildings shall have at least one primary patron entrance facing an abutting public street, rather than the parking area. Buildings abutting a major pedestrian circulation area as defined in Subsection 530.06, Subdivision 10 shall have at least one primary entrance facing and accessing the major pedestrian circulation way. Primary entrance is defined as the principal entry through which people enter the building. A building may have more than one primary entrance. Primary entrances shall be open to the public during all business hours. b) Primary building entrances shall be architecturally emphasized and visible from the street. Principal patron entrances should be clearly defined and highly visible utilizing such design features as awnings, canopies, pillars, special building materials or architectural details. c) Commercial or mixed-use structures that have over 60 linear feet of frontage on a major pedestrian area, public sidewalk or major street shall have a principal patron entrance onto the major pedestrian .area, public sidewalk or major street. For building facades over 200 feet in .length facing a street, two or more building entrances on the street must be provided. d) Building entrances shall incorporate arcades, roofs, porches, alcoves, .porticoes and awnings that protect pedestrians from the rain and sun. e) Buildings. shall include changes in relief on 15% of their street facades such as cornices, bases, window treatments, fluted masonry or other designs for pedestrian interest and scale. f) Building facades greater than 100 feet in length shall have offset jogs, using elements such as bay windows and recessed entrances or other articulation so as to provide for pedestrian scale to the first floor and to avoid long continuous unbroken building facades. Subd. 5. Windows Window Walls, Blank Walls and Design of the Ground Floor of Non-Residential Buildings. a) All development shall provide ground floor windows along street facades, parks, plazas or other public outdoor spaces. Required window areas must be either windows that allow views into working areas or lobbies or pedestrian entrances or display windows. Required windows shall have a sill no higher than 4 feet above grade, except as follows. Where interior floor levels prohibit such placement, the sill height maybe raised to allow it to be no more that 2 feet above the finished floor level up to a maximum sill height of 6 feet above grade. 17 -~8 b) For any wall within 30 feet of a street or a major pedestrian area, at least 20% of the ground floor wall area facing the street or pedestrian area shall be display areas, windows, or doorways. Blank walls along streets, public outdoor spaces and major pedestrian areas are prohibited. c) Darkly tinted, frosted windows or any windows that block two way visibility are prohibited as ground floor windows along street facades. Subd. 6. Upper Story Setbacks. Upper story setbacks shall be required for structures over 3 stories that are adjacent or across a street from residential or public parklands. Upper story setbacks shall be achieved by: a) Floors above the third floor or fifty (50) feet shall be stepped back a minimum of twenty (20) feet, and b) All buildings shall be stepped back such that the height of the building facade does not exceed an angle greater than forty-five (45) degrees from the average street elevation beginning at a point at the curb on the opposite side of the street. c) Exception. The Director may waive the building step-back requirements of this Subsection provided that the applicant clearly demonstrates the proposed project: Includes window treatments, entry placement, facade relief and other architectural treatments to provide visual interest and pedestrian-sensitive design at the street level and to maintain a human scale in the streetscape; and 2. Extends the same architectural features above the ground floor level through variations in design, detail and proportion and by avoiding designs featuring a monolithic street fagade; and 3. Is designed as not to obstruct sunlight from falling on a given point on the back of the sidewalk on the opposite side of the street for more than four hours in any given day between September 21 and March 21. Subd. 7. Vehicular Circulation and Parking. Parking and vehicular circulation shall comply with the standards in Subsections 541.05, 541.07 and the following standards: a) Parking drives should be located away from building entrances, be designed to minimize pedestrian conflicts and shall not be located between the main building entrance and the street; 18 ~~i9 b) Surface parking lots shall be oriented behind or to the side of buildings; c) Driveway access and parking lots shall be shared as much as possible; d) Above grade parking ramps shall be located towards I-494 to provide shielding or buffering of I-494 from other uses on site; e) Parking ramps shall be designed to be architecturally integrated into the overall site and be made of comparable materials and decorative elements; f) For parking lots within pedestrian corridors, refer to Subdivision 8; g) Bicycle racks or storage shall be provided; and h) Cross access and circulation across adjoining parcels is required, where appropriate and feasible. Joint circulation shall be documented in a cross access and circulation easement and agreement, Subd. 8. Pedestrian and Bicycle Circulation. Pedestrian and bicycle circulation and access shall comply with the following standards: a) Developments shall implement an on-site pedestrian and bicycle circulation system that complies with the Vision Plan for the district as adopted in the Comprehensive Plan or any other redevelopment plan for the district; and b) Sidewalks are required .along both sides of all public right-of- ways. Subd. 9. Stormwater management. Stormwater management shall comply with Subsection 9541.19. Subd. 10. Required Open Space. Within the mixed-use districts, a "major pedestrian area" of usable open space is to be the central organizing element that links the different parts of the corridor into a whole. The major pedestrian area is to be a continuous central spine of pedestrian circulation along the length of the I-494 corridor roughly midway between 77th Street and I-494. This pedestrian area shall be designed for pedestrian circulation and may include gathering and event space. Landscape setback areas and other impervious areas are to be landscaped to enhance the aesthetics of the area and to define outdoor space. The landscape setback area next to I-494 is to be a green edge of landscaping that may include, but not be limited to trees, shrubs, vines and herbaceous 19 ~ ~~-~ plants. Open space can shape and serve as a transition between different uses and provide focal points and anchors for pedestrian activity. The required open space shall: a) Abut a public sidewalk or major pedestrian circulation area and shall be accessible to the public during daylight hours; b) Include a combination of public and semi-public gathering spaces, such as plazas, tied together through a linear green corridor along its center; c) Include a buffer of landscape plantings along I-494 or other physical barriers to enhance the community's image and to buffer uses from noise or other nuisances; d) Be used for treatment of storm water, only if it is designed as part of the overall open space system such that the storm water treatment or storage is used as a decorative element, and has no negative impact on recreation or the enjoyment of the open space; e) Include plazas, or patios that are integrally designed to accentuate the architecture on-site and to tie off-site elements into. an overall. theme or character by use of decorative pavers, public art, decorative lighting, seating, planters, or other features. Usable open space shall be a minimum of 1,000 square feet in size and a minimum of 20 feet wide in any direction; f) Be designed to have good public visibility to encourage pedestrian use of the on site .outdoors amenities, while at the same time enhancing the security of such places by placing public entrances on the open space and ground floor windows along the open space; and g) Be designed such that, in the City's judgment, the spaces adequately enhance such development and serve as gathering. places for visitors, customers, residents, and employees and are consistent with the Comprehensive Plan or any redevelopment plan for the district. Subd. 11. Screening. The following screening requirements shall apply: a) Off-street parking facilities shall be screened according to Subsection 541.07; and b) Trash storage facilities shall be fully enclosed within a primary structure. 20 l0 ~~~ Subd. 12. Landscaping Requirements. Landscaping and screening shall meet the perFormance standards as specified in Subsection 541.09. Subd. 13. Use Transitions. The following options should be used as use transitions: a) When multi-family, office, small-scale retail, pedestrian intensive retail, civic or public uses are planned as part of a mixed use development, the lesser intensive uses or the more community serving uses may be used as transitions to adjacent residential uses. b) Larger commercial or office buildings may be mitigated with building facade articulation, by locating parking lots or structures or other potential nuisances away from residential uses, or by stepping down building height in the area immediately adjacent residential uses. c) Streets and streetscape can be used as a transition between uses. The distance and separation afforded by the public right- of way, together with streetscape improvements on both sides of the street may be utilized as a transition to adjacent development. d) Green spaces, courts, squares, parks, plazas, etc. may be used to create a meaningful transition between uses. e) In situations where the above do not provide adequate transition, additional landscaping may be required as determined by the Director. 530.07 Non-conformities Subdivision 1. Expansion of Non-Conforming Uses. Existing legal non-conforming uses may be maintained according to City Code Subsection 511.13. The City Council may allow expansion of legal non-conforming uses through issuance of a conditional use permit. Expansion may be allowed up to 10% of the gross floor area provided the expansion meets all other applicable City requirements. Any expansion or modification of a legal non-conforming use should not significantly impede implementation of goals and policies of the Comprehensive Plan. Subd. 2. Expansion of Dimensional or Bulk Non-conformities. Existing legal conforming uses existing prior to adoption date of this ordinance that do not meet dimensional or bulk standards of the Mixed Use zoning district may be expanded through review and approval of a site plan - Subsection 530.08. Expansion or modification of a legal conforming use shall a) Not increase the degree of non-conformity, 21 ~~ b) Result in the building and property being in greater conformance with the goals and policies of the Comprehensive Plan, c) Not significantly impede implementation of goals and policies of the Comprehensive Plan. 530.08 Site Plan Approval/Process. Subdivision 1. Procedures. All proposals shall be reviewed under the site plan approval process as set forth in this subsection. Subd. 2. Approval Required. It shall be unlawful to do any of the following within the Mixed Use District without first obtaining site plan approval: a) Construct a building; b) Move a building to any lot; c) Expand or change the use of a building or fot or modify a building, accessory structure, or site or land feature in any manner which results in a different intensity of use, including the requirement for additional parking; d) Grade or take other actions to prepare a lot for development, except in conformance with a permit or an approved plan which complies with the City's comprehensive surface water management plan or has received a variance from the appropriate water management organization as necessary; or (Amended, Bill No. 1998-2) e) Remove earth, soils, gravel, or other natural material from or place the same on a lot, except in conformance with a permit or an approved plan which complies with the City's comprehensive surface water management plan or has received a variance from the appropriate water management organization as necessary. (Amended, Bill No. 1998-2) Subd. 3. Application. Application for a site plan review shall be made to the Zoning Administrator on forms provided by the City and shall be accompanied by the following: a) A plat or map of the property; b) Evidence of ownership or an interest in the property; c) The fee specified in Appendix D of the City Code; d) Information regarding project phasing and timing; 22 ~ -~3 _ e) Complete development plans as specified under Subsection 526.45, signed by a registered architect, civil engineer, landscape architect or other appropriate design professional; f) Conveyance of easements to the City to permit completion of screening, landscaping or other improvements required by the City as a condition of site plan approval; g) Architectural plans shall be prepared by an architect or other qualified person and shall show the following: (i) Elevations of all sides of the building; (ii) Type and color of exterior building materials; (iii) Typical floor plans; (iv) Dimensions of all structures; (v) The location of interior trash storage areas and of exterior electrical, heating, ventilation, and air conditioning equipment; and (vi) Utility plans including water, sanitary sewer, and storm sewer. h) Such other information as may be required by the City. Subd. 4. Public Hearing. Upon receipt of a completed application, a date shall be set for a public hearing before the Planning Commission. The hearing will be held no less than 10 days after mailed notice is sent to the owners of properties located wholly or partially within 350 feet of the site. The Planning Commission shall submit its recommendations to the Council. Following appropriate review, the Council shall make a decision regarding the application. (Amended, Bill No. 1995-19, Sec. 1) 530.09. General Criteria and Standards for Site Plan Review. Subdivision 1. General Standards. In evaluating a site plan, the Planning Commission and City Council shall consider its compliance with .the following: a) Consistency with the elements and objectives of the City's development guides, including the Comprehensive Plan and any redevelopment plans established for the area; b) Consistency with. this Subsection; 23 (o -~ `~ c) Creation of a design for structures and site features which promotes the following: (i) An internal sense of order among the buildings and uses; (ii) The adequacy of vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking; (iii) Energy conservation through the design of structures and the use of landscape materials and site grading; and (iv) The minimization of adverse environmental effects on persons using the development and adjacent properties. Subd. 2. Underground Utilities. Underground utilities shall be provided for all new structures and those that are renovated if renovation costs exceed 50 percent of the value of the structure. 24 1~ '~ ~~ Section 7. Appendix 1 to the Richfield Zoning Code is amended by adding a new Section 14 to read as follows: SECTION 14. MIXED USE -NEIGHBORHOOD DISTRICT (MU-N) (1) M-16 (NE corner of 78t" and Wentworth) Lot 4, Block 6, R.C. Soen's Addition. (2) M-4, 17 (W side of Cedar near Diagonal Boulevard) That area lying between the center line of Cedar Avenue and a line distant 173 feet westerly and parallel thereto, and from the northerly line of Lot 7, Block 1 Cedar Sunrise Third Addition to the center line of 73rd Street. (3) M-18 (South of 77t" Street, Park to 10t") That area lying between 77t" and 78t" Streets and between the center lines of Park Avenue extended and 10t" Avenue extended. (4) M-18 (S of 77t", 14t" to Bloomington) That area lying between the center lines of 77t" and 78t" Streets and between the center lines of 14t" Avenue and Bloomington Avenue. Sec. 6. Appendix 1 to the Richfield Zoning Code is amended by adding a new Section 15 to read as follows: SECTION 15. MIXED USE -COMMUNITY DISTRICT (MU-C) (1) M-16 (S of 77t", Nicoilet to 4t") That area lying between the original center line of 77t" Street and the center line of 78t" Street, and between the east lines of lots 4, 5, and 6, Block 7, R.C. Soen's Addition and the center line of 4t" Avenue. (2) M-18 (S of 77t", 10t" to 12t") That area lying between 77t" and 78t" Streets and between the center lines of 10t" Avenue extended and 12t" Avenue. (3) M-18 (E side of 12t" S of 77t") That area lying between the center lines of 77t" and 78t" Streets, and between the center .line of 12t" Avenue and a line parallel to and 230 feet east of the center line of 12t" Avenue. (4) M-18 (S of 77t", 13t" to 14t"). That area lying between the center lines of 77t" and 78t" Streets, and between the center line of 14t" Avenue and a line parallel to and 230 feet east of the center line of 12t" Avenue. 25 ~~~ Sec. 7. Appendix 1 to the Richfield Zoning Code is amended by adding a new Section 16 to read as follows: SECTION 16. MIXED USE -REGIONAL DISTRICT (MU-R) (1) M-16 That area bounded by I-494 on the south, 77t" Street on the north, Lyndale Avenue on the west, and the extended centerline of Grand Avenue on the east. (2) M-16 (SW of 77t" and Soo Line Railway) That area bounded by I-494 on the south, 77t" Street on the north, the extended centerline of Grand Avenue on the west, and 25 feet west of the centerline of the Soo Line Railway right-of-way on the east. (3) M-16, 18 (S of 77t" 4t" to Park) That area lying between the original center fine of 77t" Street and the center line of 78t" Street, and between the center lines of 4t" Avenue and Park Avenue extended. (4) M-18 (S of 77t", Bloomington to Cedar) That area lying between the center lines of 77t" and 78t" Streets, and between the center lines of Cedar Avenue and Bloomington Avenue. Sec. 8. Paragraph (49) of Section 3 of Appendix 1 of the Richfield Zoning Code is amended to read as folios: (49) M-18 (S of 77t" ~ea~-Bleena+ngtsr~L14t" to Bloomington) That area lying between the center lines of 77t" and 78t" Streets, and between the center lines e~# (~~rl r A~icn~ ~e r+r) lin r~r.r~llol ~n r+rl '~Q/l foci o~c~ of Fho ncn~cr lire vu-uarTCV crcv-i~-rcrzw-rcc~cuvrvrcrr~v~vr~rrrv v~ ~~ Averse 14t" Avenue and Bloomington Avenue. Sec. 9. Section 3 of Appendix 1 of the Richfield Zoning Code is amended by adding a new paragraph (76) as follows: (76) M-14 (NW corner I-35W and I-494) Tract A, R.L.S. No. 1037 Sec. 10. Appendix 1 of the Richfield Zoning Code is amended by repealing Section 1, paragraph 4, Section 3, paragraphs 17, 48, 65, 67, and 69, Section 4, paragraph 2, and Section 7, paragraph 8. Sec. 11. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. 26 ~~~~ ATTEST: Nancy Gibbs, City Clerk Martin J. Kirsch, Mayor 27 ~ -as ORDINANCE NO. AN ORDINANCE RELATING TO ZONING; AMENDING APPENDIX 1 TO THE RICHFIELD ZONING CODE BY REZONING CERTAIN PROPERTIES WITHIN THE I-494 CORRIDOR AREA AS MIXED-USE NEIGHBORHOOD. THIS ORDINANCE CONSTITUTES A REZONING OF REAL PROPERTIES 200 78r" STREET WEST, 7700 PILLSBURY AVENUE SOUTH, 7701 PILLSBURY AVENUE SOUTH, 7709 PILLSBURY AVENUE SOUTH, 7715 PILLSBURY AVENUE, 7717 PILLSBURY AVENUE SOUTH, 7721 PILLSBURY AVENUE SOUTH, 7700 WENTWORTH AVENUE SOUTH, 7720 WENTWORTH AVENUE SOUTH, 100 78T" STREET WEST, 7711 14T" AVENUE SOUTH, 1400 78TH STREET EAST, 1420 78T" STREET EAST, 1500 78T" STREET EAST AND 7700 BLOOMINGTON AVENUE SOUTH. THE .CITY OF RICHFIELD DOES ORDAIN: Sec. 1. Section 14 of Appendix 1 of the Richfield .Zoning Code is amended by adding a new paragraphs five and six as follows: (5) M-16 (S of 77T", Soo Line Railway to Wentworth) That area lying between the original center line of 77t" Street and the center line of 78t" Street, and between the center line of Wentworth Avenue and the West right-of--way line of the Soo Line Railway. (6) M-16 (NE Corner 78t" and Wentworth) The west 154 15/100 feet of the south 240 feet of that part of Government Lot 8 corresponding to the east'/ of the southeast '/4 of the southwest '/4 and the south 14 feet of Lot 4, Block 5, R.C. Soen's Addition except roads. Sec. 2. Appendix 1 of the Richfield Zoning Code is amended by repealing Section 1, paragraph 4, Section 3, paragraphs 49 and 68. Sec. 3. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk 28 RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO.2006- WHEREAS, the City. has adopted the above referenced amendments to the Richfield City Code; and WHEREAS, the verbatim text of the amendments is cumbersome, and the expense of publication of the complete text is not justified; and WHEREAS, the Council has determined that the following summary will clearly inform the public of the intent and effect of Bill No. 2006- .. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, that the city clerk shall cause the following summary of Bill No. 2006- to be published in the official newspaper in lieu of the entire ordinance: SUMMARY PUBLICATION BILL NO. 2006- AN ORDINANCE RELATING TO ZONING; ESTABLISHING REGULATIONS FOR THREE MIXED USE ZONING DISTRICTS, INCLUDING MIXED-USE REGIONAL, MIXED-USE COMMUNITY AND MIXED-USE NEIGHBORHOOD; AMENDING THE RICHFIELD ZONING CODE BY CREATING A NEW SUBSECTION 530; AMENDING APPENDIX 1 TO THE RICHFIELD ZONING CODE BY REZONING CERTAIN PROPERTIES WITHIN THE I-494 CORRIDOR AREA AS MIXED-USE REGIONAL, MIXED-USE COMMUNITY, AND MIXED-USE NEIGHBORHOOD; AMENDING SUBSECTION 516.01 OF THE RICHFIELD ZONING CODE; AMENDING SUBSECTION 506.07 OF THE RICHFIELD ZONING CODE This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The ordinance establishes three new zoning districts: Mixed Use Neighborhood, Mixed Use Community, and Mixed Use Regional. The ordinance regulates the land uses that are permitted, conditionally permitted or prohibited in each district. It establishes building setback and minimum and maximum building height requirements. It also establishes requirements for parking, vehicular and pedestrian circulation, exterior lighting, open space, landscaping, and other performance standards for each district. In general, the mixed use zoning districts allow for higher density development with a mix of retail, office and residential uses, as is envisioned by the City's Comprehensive Plan. The ordinance requires site plan approval for all development within the mixed- use districts and establishes regulations for uses and structures .that do not conform to the new regulations. The ordinance also rezones most of the properties within the area bounded by Knox Avenue to the west, Cedar Avenue to the east, 77th Street to the north, and Interstate 494 to the south .into one of the three new mixed use district. In general, the properties rezoned to Mixed Use Regional are located adjacent to north-south collector streets that will retain access to I-494, including Lyndale Avenue, Portland Avenue and Cedar Avenue. The properties rezoned to Mixed Use Community are generally located near north-south collector streets that will not have access to I-494 in the future but will provide connections to the city of Bloomington, including Nicollet Avenue and 12th Avenue. The properties rezoned to Mixed Use Neighborhood are generally located in areas that do not abut north-south collector streets. Copies of the ordinance are available for public inspection in the City Clerk's office during normal business hours or upon request by calling the Department of Community Development at (612) 861-9760. A map showing the new zoning district, boundaries, as well as a list of the addresses of properties that are being rezoned, can be obtained from the Department of Community Development. /s/ Nancy Gibbs, City Clerk BE IT FURTHER RESOLVED, that the city clerk is directed to keep a copy of the ordinance in her office at city hall for public inspection and to post a full copy of the ordinance in a public place in the City fora ,period of two weeks. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of January, 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City. Clerk Current I-494 Corridor Zoning Designations ® ~~ ~ ~~~ ~~~~ ~ ~~~ . ~ 1-494 O p p O o 0 o O O p O o o O o O O O o O O o V O O V' O O O P o O O O O O O o O o 7 O O ~ N P P r c0 O ~ M ~ ` O ~ ~ O ~ N Oa ~ N O 10 ~ O N O O N O O O N O N O O O O O O O O N O O ~- r ~ r ~ n ~ •-- ~ N c7 c1 V ~ t9 (O 1~ n O W ~ r r ~ ~ ~ N O ~ W X d1 U' F p F Z F H 2 W p F p ~ ~ 2 J F Q Q O W Z p ~ Z O Z Q Z _U J J W_ Z Z ~ F J W m Z '~ 'd Z w = p (] O H tt-. t s t L Z L .c L ~ O Y Q ~ O~ g ~ a J } ~ p li ~ ~ ~ m O p J ~ > N co O ~ ~ ZQ Z~ ~ Q O o ~ N M ~ in O co r; ao Z J ~ ~ ~- ~ W W ' O O J ' m m O m ~ Z g a m ¢ ¢ ~ ~ W J ~ Q ~ U U ~ ~ l~L W p Q ~ Q W --~ ~ U F -~ F Y ~ W Z 2 c~ 2 a s z m z m ~ ~o a ~ c2i ~ ~ a O O p O J m - I Industrial ~ R Single Family Residential - MR-3 Multi Res. -High Density ®C-1 Neighborhood Business ~ R-1 S. Family -Low Density 0 PC-2 Planned Gen. Comm'I. - C-2 General Commercial MR-1 Two Family Residential C-3 High Density Comm'1. - MR-2 Multi Res -Med. Density Community Development 12/22/2005 (MP) ,I Proposed I-494 Corridor Zoning Designations ~~~~ ~~~~ ~~ ~~~~1 ~~~~~~~~~~~~ ~ ~~ - _-1, ~~ ~ ~~ ~ ~ ~ ~ - --.ICJ ~-~J ----- ' `I __ J ~--~ 494 ~ _ _- -- - - ~ _ - 00 00 00 00 00 ° o0 00 00 0 0 0 0 0 0 0 0 0 0 0 o a o o v o 0 0 0 0 0 0 0 0 0 0 0 0 o v o 0 0 O O ~ O ~ V ~ ~ ~ O O O O O O O O O O O O O ` O O N O O O N O N O O O O O O O O N O C O N ~ .- ~- r W Op n O lf1 V M N In O N M M V ~ O O r r W OY ~ .- ~ .M- ~ ~ .~- ~ ` ~ C7 C9 Z ~ Z D ~ O ~ O ~ Q U Q W l1J ZZy^ Q ~ 0' W J N Z ~ M O 'c L ~ D Y fA ~ F w .L.. r r w L Z L w L O O ~ N M ~ In ~ CO f~ 00 ~ W N J ~ N Z ~ a ~ O fn O O Y ' ~ s- s- ~ ~ ~ Q = ~ U ~ ~ O O m Q } Q = ~+ (¢ J 2C ~ O Q J W = LL W 'J Ur d d. Z m Z d) O J U a O U O ~ m ZOlllllg MR-1 Two Family Residential ~___~ MU-Regional ®C-1 Neighborhood Business ~ PC-2 Planned Gen. Comm'I. - MR-2 Multi Res -Med. Density MU-Community - C-2 General Commercial ~ R Single Family Residential - MR-3 Multi Res. -High Density ~I MU-Neighborhood ~': ' $~ C-3 High Density Comm'I. 0 R-1 S. Family -Low Density - I Industrial Community Development 12/22/2005 (MP) ~~ W a O Q. O (n (n (n to rA (n N ~ ~ Z~~aQaaaa~~ G1 0~.~~~~~~~oo Ntiticncncnmcncncc Q ~ooa'a.a•aaa~~ O O ~ ~ ~ N O O O ~ ~ N O O f~ I` f` f~• f~ f~ O N 'a ~ ~ f~ f~• f~ ice- I~ h- ~ ~ a~ a :~ 0 ; Q. N •- O ~ ~ a O i' ~' ~ anuan ~ ~ m ^ - ~ L O /~ ti O ~i ~ i Q anuany angs a bZ56 NOlJNIW00 7 L 0056 u396 OOb6 43b6 00£6 u3£6 OOZE u3Z6 006E 4366 0006 U306 ~ pOg lOlll3 008 OJ`dOIHO ~ Sf18Wf1100 = ~ L O 'a o ~laed ~"' r ~ > . oz aNd"I~Ido W W W L 0 009 4NHll2iOd O ~ ~ ~ (/~ ~ Q O V 39 ~+ "- '- ~ o05 u ~ o O a O O~ • ti ti ti ~ ~ oob u3b W _ o bZE 1NI10 y d'd'~~m ti o0E P~ ~ ~ ~ ~ ~ OOZ Pp .} 1 L O ~ bZ6 SN3 1S Q 0 OO L 3s 6 ppp 13110 a 05 1130S1 ® 006 HlbOM1N OOZ 1.2lf18Sllld 00£ 1Nb'St/3ld anuand uo}auiuaoo~g L d.~ 0 N r c a~ 0 v O .~ E 0 U "" I-494 Corridor Zoning Amendments and Comprehensive Plan, December, 2005 Q&A: Responses to issues brought up at the November 28, 2005 Planning Commission Public Hearing Comprehensive Plan Questions • Why are the land use designations used in the Comprehensive Plan different from those used in the Zoning Ordinance? The land use designations used in the proposed Comprehensive Plan amendments are consistent with those used in the current Comprehensive Plan. While these designations may seem simplistic, the text regarding the I-494 Corridor explains the vision in much greater detail. • What factors were involved in the evolution of this more high-density, urban vision for the Corridor? This response helps meet some community goals such as protecting and supporting Richfield's predominant residential character, maintaining a competitive position in the metro area, increasing housing alternatives, diversifying the tax base, taking advantage of opportunities provided by the I-494 widening, providing employment opportunities for people who live in the community and providing attractive entry points. Finally, the visioning process offered opportunities for the public, policymakers and metro area developers to provide input into the vision. • Why is more high-density housing proposed? Richfield has the highest densities in the area. Richfield actually has a lower ratio of multi-family to single-family homes than many other communities in the metropolitan area. Higher density housing in this area helps Richfield to achieve its goals as stated above. • How does this plan speak to the community's need for low-income family, work force and replacement housing? How does the plan provide for keeping families with children in the community? How are the issues of green building and permaculture addressed? Housing diversity is an integral part of the Comprehensive Plan amendment. This diversity is intended to provide "living options for those of diverse economic and social backgrounds..." It speaks to the desirability of housing being affordable to lower income residents and provision of workforce housing. Finally, the amendment would permit existing apartments to remain. Some of these existing apartments are affordable. There is also discussion of applying green community concepts to the Corridor. Ultimately, these are issues that should be addressed in the Comprehensive Plan as a whole. Staff will continue to examine these issues as preparation of the required 2008 .Plan update begins. • Why doesn't the plan focus more on strictly commercial and office uses, rather than housing? As stated above, the response chosen helps to meet a number of community goals. Further, in today's market place, a sizeable segment of the population seeks convenient transportation to work, a pedestrian friendly environment, and proximity to .- C~ r3~ I-494 Corridor Zoning Amendments and Comprehensive Plan, December, 2005 entertainment, restaurants and other amenities that can be provided in a mixed-use environment. The table below shows the tax impacts for the different types of land uses based on the same market value of a project. The local taxes fora $5,000,000 office project would be $77,484; whereas, the local taxes fora $5,000,000 multi-family project would be $70,980. The table is somewhat misleading because it does not compare the different land use types based on a development site of the same size. In other words, office and multi-family projects typically have a higher market value than retail for a same size development site. Pro'ect Information Land Use Total Class Rate Total Tax Local Taxes Fiscal State-Wide Total Taxes Market Capacity Disparities Property Value Taxes Taxes Office $5,000,000 1.5%- 2.0% 99,254 77,484 40,288 50,738 168,509 Retail $5,000,000 1.5%- 2.0% 99,250 77,484 40,288 50,738 168,509 Multi- $5,000,000 1.25% 62,500 70,980 0 0 70,980 family Rental For Sale $5,000,000 1.00% 50,000 56,784 0 0 56,784 Housin • If enacted now, would this vision use Tax Increment Financing? How soon would the increase in tax revenue created by this development be put back into the community? This is a long-term vision and will be a long-term process. The City has no intention at this point to acquire property or to establish TIF districts. There is no immediate finance plan because there are no immediate plans for development. The vision is intended to be market-driven, and the City will have the opportunity to react to individual proposals as they come. • The City should be working to improve pedestrian walkways and connections along 77th Street. Does the proposed zero foot setback impede pedestrian travel by allowing ice to build up on sidewalks to the north of buildings? The goal of the mixed-use urban village design is to encourage compact, walkable areas that offer residents places to live, work, shop and dine. Through the Comprehensive Plan, the City hopes to move in a direction that creates a pedestrian friendly environment. The proposed zero foot setback should not interfere with pedestrian movements throughout the corridor. Stormwater and ice melt issues would be considered in building design. • Are we working with Bloomington to avoid any undesired conflicts? On December 7, 2005, HKGi presented the Comprehensive Plan amendment to staff members of the Cities of Bloomington, Edina, Minneapolis, the Metropolitan Airports Commission, and the Richfield School District. In addition, as part of the Comprehensive Plan amendment application to the Metropolitan Council, staff will send ~~~ I-494 Corridor Zoning Amendments and Comprehensive Plan, December, 2005 information regarding the potential changes in storm sewer, sanitary sewer and traffic to the above-mentioned cities for review. Zoning Ordinance Questions • To what extent will taller buildings in the Corridor cast shadows, especially over park and neighborhood areas? HKGi developed a model showing the shadows created by the development both in winter and summer. This will be presented at the City Council meeting. • Is there a potential scale problem where the Mixed Use -Regional is positioned adjacent to the Mixed Use -Neighborhood District? Section 530.06, Subdivision 13 discusses use transition performance standards. The standards are intended to minimize the possible conflict between a regional use and a neighborhood/residential use. The standards include enhanced pedestrian features and open space, as well as a step down approach to building design. • How will a building story be defined? Will this be an exterior measurement or based on actual interior floors? A building story is currently defined by the Zoning Ordinance as the space between the surface of the floor and the surface of the next floor or ceiling above it. Stories will be defined in the same manner for these districts. • How are the restaurant classes listed in the use table defined? The restaurant classes in the table are the same as those currently used throughout the Code. These classes can be summarized as follows: Class I -Full Service Restaurant (alcohol permitted) Class II -Traditional or Cafeteria Restaurant (alcohol prohibited) Class III -Fast Food or Convenience Restaurant Class IV -Take Out Only Restaurant • Why are small restaurants prohibited in the Mixed Use -Neighborhood District? This was an oversight and has been corrected. • Why isn't office included in the "Uses" Table? This was an unintentional omission and office uses will be added. This type of use will be permitted in all three districts. • Why is appliance repair prohibited in the Mixed Use -Community District? This has been changed to allow appliance repair as a conditional use in the Community District. • Why are we regulating senior. independent living facilities, assisted living facilities and nursing homes more heavily than other types of multi-family housing? This has also been changed to reflect the other zoning regulations in Richfield. ~`J / I-494 Corridor Zoning Amendments and Comprehensive Plan, December, 2005 • Is the street level retail requirement realistic? Perhaps we should think about street level activity, but not limit it to just retail. This language has been revised. Regulations now pertain to "street level active use building frontage." This is defined as "the space of a building that fronts a primary street and contains a use that provides for a significant level of pedestrian activity from early morning to late evening hours on weekdays and evenings. Such uses could include retail, service commercial, restaurants, coffee shops, libraries, post offices, common space or lobbies, and conference rooms or party rooms of office or high density residential developments." These requirements are believed to be reasonable and attainable in the Corridor. • What type of area can be counted as part of the open space requirement? The Code currently defines outdoor open space as including, but not limited to, lawns and other landscaped areas, walkways, decks, paved terraces and sitting areas; and outdoor recreation areas; outdoor open space does not include driveways, parking areas, or required front or "streetside" side setbacks. It is our intention that open space continue to be defined in this manner. • Why are mortuaries and funeral chapels only permitted in the Mixed Use - Community District? The thinking behind this is that a mortuary might not mix well with regional retail uses. • A previous study regarding gun-related uses suggested that the I-494 corridor is a possible area for these types of businesses to locate. How does this vision impact the availability of land for fire-arm related uses? Fire-arm related uses are currently allowed as a conditional use in the C-2, C-3 and I Districts. Additional requirements such as minimum distances from parks, schools, etc. mean that currently a total of 60 acres of land is available to fire-arms related uses. Rezonings in the I-494 Corridor would reduce this total to 50 acres. Additionally; the City has looked into the impact this rezoning could have on the viability of adult uses. Free speech requirements mandate that the City maintain a "reasonable" amount of land on which these uses are permitted. Currently, there are approximately 28 acres throughout the City on which these types of uses could locate (this approximation takes into account additional City Code requirements for minimum distances from parks, schools, eachother, etc.). As it turns out, all 28 acres are within the I-494 Corridor. For that reason, adult uses must be permitted in the Mixed Use Regional and Mixed Use Community Districts. This will maintain this "reasonable" amount of area. • Do the parking standards apply to covered parking? Yes. • The drive-thru regulations might restrict development interests? How strict do we want to be? -3g I-494 Corridor Zoning Amendments and Comprehensive Plan, December, 2005 The traditional single-story, single-tenant building that generally accompanies drive-up service windows is not part of the vision for the Corridor. These regulations do not prohibit drive-up service windows or the uses that accompany them, rather they prohibit the traditional form these buildings have taken. The City will be looking for new and innovative ways to incorporate these uses into larger development projects. • Are there examples of other areas developing along a corridor in this way? Most Minnesota municipalities are not quite at this point yet. Richfield will be leading the way. Both Golden Valley and Bloomington are beginning to explore denser development along their corridors. There are; however, national examples including Denver, Dallas and Oregon. • Should standards for transit and pedestrian connections be included in the Code? The proposed ordinance contains language that encourages future developments to incorporate transit stops. within the development by reducing the amount ofoff-street parking that is required. The proposed ordinance also includes requirements for on-site pedestrian and bicycle circulation systems that are in compliance with the Vision Plan for the I-494 Corridor. • In terms of non-conforming uses, is there flexibility in changing the use of a property? Existing non-conforming uses can continue indefinitely. For instance, if an auto- detailing business moves out of a space, the building owner can lease the space to another auto-detailer (provided the space is leased within one year of the previous tenant's vacation). An owner cannot change from one non-conforming use to another. To follow with the above example, if an auto-detailer vacates a space, the owner cannot lease to a different non-conforming use, i.e. manufacturing company. • Will the City support future expansion of Menards? As is the case for all non-conformities, Menards will be allowed to continue at its current location. In the future, Menards may expand with site plan approval from the City Council, provided expansion results in greater conformance with the goals and policies of the I-494 Corridor Plan and does not impede in the implementation of those goals and policies. AGENDA. SECTION: AGENDA ITEM # REPORT # ~- STAFF REPORT CITY COUNCIL MEETING JAZVUaRY 10, 2006 Resolutions 11 REPORT PREPARED BY: PAM DMYTRENKO, ASSISTANT TO THE CITY MANAGER NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving the contract with the Police Supervisors LELS Local 162 for the contract eriod Janua 1, 2006 throu h December 31, 2007. I. RECOMMENDED ACTION: By Motion: Adopt the resolution approving the provisions of the 2006-07 labor agreement with the Police Supervisors LELS Local 162 bargaining unit and authorize the City Manager to execute the agreement. II. BACKGROUND City staff has completed labor negotiations with the Police Supervisors LELS Local 162 (Union). The provisions of the two -year contract, for .calendar years 2006 and 2007, cover all of the employees in this Union, which consists of 12 positions: 8 Sergeants, 3 Lieutenants and 1 Captain. The tentatively approved settlement includes the following significant monetary changes: Wages A 3% across-the-board wage increase, effective January 1, 2006, with an additional .5°lo increase effective the first full pay period in July 2006. The contract calls for a re-opener of this provision for contract year 2007. 0110PoliceSupervisorsContract Health Insurance A $50 increase to the Employer health insurance contribution for contract year 2006 which provides full coverage to single Employee, $655 per month for Employee plus spouse or Employee plus child(ren) coverage, -and $700 per month for Employee plus family. The contract ca{{s for a re-opener of this provision in 2007. Effective January 1, 2006, the Employer would contribute an additional $3 towards. the employee single dental insurance premium for a total monthly contribution of $30. Vacation Leave Effective January 1,.2006, the annual sell back cap will be increased 4 hours to a total of 40 hours. Personal Leave Effective January 1, 2006, the personal leave accrual rate wilt increase from 2.77 hours biweekly to 3.0 hours biweekly. Clothing Allowance An increase of $30 in the clothing allowance to $715 in 2006 and an additional increase of $30 in 2007 to $745. III. BASIS OF RECOMMENDATION A. POLICY • The City has met and negotiated in good faith with the Union and its representatives and is bound under the Public Employer's Labor Relations Act to meet and bargain over the terms and conditions` of employment. • The 2006-07 proposed settlement is the third union contract settled for 2006. It is identical in wage increase to non-union City employees, Police and Fire and is identical in health insurance provisions to non- -union employees. Police and Fire have re-openers in health insurance for 2006. • This contract reflects the first settlement for 2007. • The 2006-07 contract provisions are within the range-for other comparable bargaining groups in similar metro cities. B. CRITICAL ISSUES • In order to allow the City's accounting personnel to modify payroll records in a timely manner for 2006 wages and benefits, it is recommended that the City Council act on January 10, 2006 to adopt the attached resolution providing-for contract changes, effective January 1, 2006. C. FINANCIAL • 3% wage increase effective January 1, 2006 and an additional .5% increase the first full pay period in July 2006. • A $50 increase in Employer contribution towards health. insurance coverage. • A $3 increase in the Employer contribution towards dental insurance. • $30 increase in the annual clothing allowance for both years. D. LEGAL • If the terms of this agreement are not approved, further negotiation and/or mediation will be necessary. IV. ALTERNATIVE RECOMMENDATION~S~ • Do not approve the terms of this agreement and prepare for further negotiation and/or mediation. • Defer discussion to another date. V. ,ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ~_~ RESOLUTION NO. RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND LAW ENFORCEMENT LABOR SERVICES (EELS), LOCAL 162 BARGAINING UNIT FOR THE YEARS 2006-2007 WHEREAS, the City- Manager and the Richfield Poiice Supervisors EELS Local 162 have reached an understanding concerning conditions of employment for years 2006- 2007; and WHEREAS, it would be inappropriate to penalize EELS Local 162 members who have negotiated in good faith; and WHEREAS, the City Ordinance requires that contracts between the City and the exclusive representative of the employees in an appropriate bargaining unit shall be completed by Council resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the Labor Agreement between the City of Richfield and EELS Local 162 Bargaining Unit for years 2006-2007, under the provisions of the Labor Agreement to be implemented, effective January 1, 2006 and authorize the City Manager to execute the contract. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of January 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: Resolutions AGENDA ITEM # $ REPORT # 1 2 STAFF REPORT CITY COUNCIL MEETING JANUARY 10, 2006 REPORT PREPARED BY: THOMAS FOLEY. TRANSPORTATION ENGINEER NAME, Trz~ COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution supporting a Constitutional Amendment for dedicating 100% of Motor Vehicle Sales Tax Revenue to hi hwa and ublic transit urposes. I. RECOMMENDED ACTION: By Motion: • Approve a resolution supporting passage of a Constitutional Amendment dedicating 100% of motor vehicle sales tax revenue to highway and public transit purposes.. • Endorse a video promoting passage of the Constitutional Amendment. BACKGROUND In 2005, the Minnesota Legislature passed a proposed constitutional amendment to be placed on the ballot in November 2006. The proposal. would devote 100% of the Minnesota Motor Vehicle Sales Tax (MVST) revenues to highway and transit purposes. Currently, 54% of the (MVST) revenues supports highways and transit. The amendment would provide additional transportation funding and provide a dedicated source of public transit funding. If approved by the voters, afive-year phase-in would begin in fiscal year 2008 and be completed by 2012 to shift MVST funds from its current 54% allotment to 100% for transportation purposes. By fiscal 0110TranspFundingResolution year 2012 transportation activities would receive an additional $309 million per year. The five-year forecast in funding is shown in the second attachment. Additional background information is described in the third and fourth attachments. Furthermore, a proposed video targeting the Twin Cities metro area will be produced encouraging voters to support the proposed amendment. The Council will be asked to endorse the video and request that it be shown on the focal cable access TV station. III. BASIS OF RECOMMENDATION A. POLICY • While the City's Comprehensive Plan does not identify new sources of transportation funding. It does support rebuilding the regional highway network and promoting high-speed bus service. These improvements will require additional state funding. B. CRITICAL ISSUES • Failure to pass this proposed .amendment may hurt other proposals in 2007 and beyond for new transportation funding at the Minnesota Legislature. C. FINANCIAL This proposed amendment will have no direct affect on the City's budget. D. LEGAL • The proposed resolution, if approved by Council, has no legally binding affect on the City ALTERNATIVE RECOMMENDATION(S~ • Council may choose not to support the proposed constitutional amendment. • Council may choose to support the proposed constitutional amendment with a modification that sets the percentage of funds allocated to transit and highways at the fixed rates of 40% and 60% respectively. ATTACHMENTS • Resolution in support of the proposed constitutional amendment. • Forecast of revenues generated from fiscal years 2008 through 2012 if the ..Constitutional Amendment passes. • Motor Vehicle Sales Tax, facts sheet prepared by the Transportation Alliance. ~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~ • None a r' RESOLUTION NO. RESOLUTION SUPPORTING PASSAGE OF A CONSTITIUTIONAL AMENDMENT DEDICATING 100% OF MOTOR VEHICLE SALES TAX REVENUE TO HIGHWAY AND PUBLIC TRANSIT PURPOSES WHEREAS, Minnesota's transportation infrastructure forms the backbone of the state's economy and a has a direct impact on future economic development; and WHEREAS, too many Minnesotans are being killed in traffic crashes on dangerous roadways and WHEREAS, funding for highway and transit systems in Minnesota has remained stagnant and is failing to keep pace with growing population and growing demands; and WHEREAS, local governments throughout the state are struggling to maintain local transportation systems while the state's gas tax has not been increased since 1988 and transit budgets have been cut in recent years; and WHEREAS, the Minnesota Legislature has repeatedly turned to revenue from the motor vehicle sales tax, which has been viewed as user fee revenue, in order to fund both highway and transit systems including the current dedication of 54% of motor vehicle sales tax for transportation purposes; and . WHEREAS, the legislature passed a proposed constitutional amendment during the 2005 Legislative Session that would appear on the ballot November 7, 2006 asking voters if the remaining 46% of motor vehicle sales tax revenue currently used for other purposes should be used for highways and transit systems; and WHEREAS, passage of this amendment would mean an increase in stable revenue for highway and transit systems throughout the state that would rise to approximately $300 million per year once the transfer of revenue is fully phased-in by 2011. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield strongly supports passage of the proposed amendment to the Minnesota Constitution dedicating all of the motor vehicle sales tax revenue to transportation with at least 40% of the revenue for public transit assistance and no more than 60% of the revenue for highway purposes. Adopted by the City Council of the City of Richfield, Minnesota this .10th day of January, 2006. Martin J. Kirsch, .Mayor ATTEST: Nancy Gibbs, City Clerk New Revenues for Transportation Highways Transit General Fund FY08 $37.5 $22.5 -$60.0 (Millions of ~'s) FY09 FY10 FY11 FY12 $76.1 $116.2 $158.2 $187.3 4? $48.1 ~ $74.8 $102.8 $122.1 -$124.2 -$1':91.0 -$261.0 -$309.4 Assumes a 40% transit -- 60% highways split. ~~~ A~ TH1= RAI~SPC~RTATION tiighwaps •Sransit •Rai1 •Waterwags • Air Motor Vehicle Sales Tax The sales tax on motor vehicles was enacted in Minnesota in 1960s, and ever since its inception arguments have been made that it should be treated in a manner similar to other taxes and fees paid by drivers -namely that it is a tax paid by users of the transportation system that should be dedicated to improving the transportation system. This idea was enacted into law in 1981 by the Minnesota Legislature. The law called for aphased-in transfer of the motor vehicle sales to highway and transit purposes starting in fiscal year 1984 with the transfer completed by fiscal year 1990. Unfortunately, budget problems encountered during the recession of the 1980s led to delays and finally a repeal of the statutory dedication of MVST to transportation. Dedication of Motar Vehicle Sales Tax 1981 Legislation scal Year General Fund Transportation Actual Dedication General .Fund Transportation 1982 100% 0% 100% 0% 1983 100% 0% 100% 0% 1984 75% 25% 100% 0% 1985 75% 25% 75% 25% 1986 50% 50% 100% 0% 1987 50% 50% 100% 0% 198$ 25% 75% 95% 5% 1989 25% 75% 70°l0 30% 1990 0% 100% 65% 35% 1991 0% 100% 100% 0% Throughout the 1990s, various bills were introduced and passed in one body or the other to dedicate differing percentages of MVST to transportation. In 2000, the Legislature and Governor acted once again on the issue of dedicating motor vehicle sales tax revenue to transportation when Governor Ventura successfully pushed for a reduction in the motor vehicle registration tax. The hole left in the Highway Trust Fund was replaced with 32% of the revenue from the motor vehicle sales tax. In 2001, the Legislature once again enacted legislation increasing the percentage of revenue from MVST going to transportation. Transit systems were prohibited from using property taxes for transit operations with eplacement revenue from the motor vehicle sales tax starting in fiscal 2003. The percentage of MVST needed replace property tax revenue was set at 20.5% for metropolitan area transit and 1.25% for Greater Minnesota transit. The legislation also called for an increase to the metropolitan transit fund of 2% of MVST from the general fund for transit operations in FY2004. That transfer did not happen. In 2003, the state faced a serious general fund budget. deficit. In order to mitigate proposed cuts in transit budgets, the legislature moved the MVST revenue already dedicated to transportation by shifting about 2% of the MVST revenue portion attributable to the Trunk Highway Fund to transit assistance. The current distribution of MVST is: FY2004-2007 FY2008 and beyond Highway User Tax Distribution Fund 30% 32% County State Aid Highway Fund 0.65% - Municipal State Aid Highway Fund 0.17% - Metropolitan Area Transit Fund 21.5% 20.5% Greater Minnesota Transit Fund 1.43% 1.25% General Fund 46.25% 46.25% If we compare the amount of MVST-the legislature intended to be used for highway and transit purposes with the passage of the 19811aw with the actual dollars spent on highway and transit systems since that time, there has been a diversion of over $6 billion dollars from transportation. We believe that with the magnitude of the transportation problems facing the state, it is time to permanently dedicate ali of the revenue from the motor vehicle sales tax to transportation once and for all. While dedicating the remaining 46.25% of MVST to transportation will not solve the transportation problem we face and other revenue sources will need to be increased, this is an important piece of the transportation revenue puzzle. Unlike the motor fuels tax and the tab fees -the latter being capped -- the sales tax on motor vehicles grows with the price of motor vehicles and so in a sense represents an "indexed" revenue source. In some years, revenue from the MVST has grown at a rate greater than the rate of inflation. We will continue to advocate for increases in our current constitutionally dedicated user fees -motor fuels tax and License tab fees as well as authorization for local governments to have additional tools for raising revenue locally. At the same time, we will be working to secure passage of the constitutional amendment that will appear on the ballot in November of 2006 permanently dedicating 100% of the revenue from the motor vehicle sales tax to transportation. The proposed constitutional amendment passed by the Legislature in 2005 calls fora 5-year phase-in of the 46% of MVST currently deposited in the general fund to highways and transit on a schedule of 10% in year 1, 10% in year 2, 10% in year 3, 10% in year 4, and 6% in year 5. The phased-in approach will mitigate the impact on the general fund. According to estimates from the Department of Finance, the additional 30% of MVST in fiscal years 2008 and 2009 will equal $184 million, while the total general fund revenue estimate for the FY2008-09 biennium is $32 billion. When fully phased in, the additional_MVST revenue is estimated at approximately $300 million annually. 525 Park St., Ste. 105 Saint Paul, MN 55103 651/659-0804 Fax 651/659-9009 Email: margaret@transportationalliance.com www.transportationalliance.com 0 y In 2003, the state faced a serious general fund budget deficit. In order to mitigate proposed cuts in transit budgets, the legislature moved the MVST revenue already dedicated to transportation by shifting about 2% of e MVST revenue portion attributable to the Trunk Highway Fund to transit assistance. The current distribution of MVST is: FY2004-2007 FY2008 and beyond Highway User Tax Distribution Fund 30% 32% County State Aid Highway Fund 0.65% - Municipal State Aid Highway Fund 0.17% - Metropolitan Area Transit Fund 21.5% 20.5% Greater Minnesota Transit Fund 1.43% 1.25% General Fund 46.25% 46.25% If we compare the amount of MUST the legislature intended to be used for highway and transit purposes with the passage of the 1981 law with the actual dollars spent on highway and transit systems since that time, there .has been a diversion of over $6 billion dollars from transportation. We believe that with the magnitude of the transportation problems facing the state, it is time to permanently dedicate all of the revenue from the motor vehicle sales tax to transportation once and for all. While dedicating the remaining 46.25% of MUST to transportation will not solve the transportation problem we face and other revenue sources will need to be increased, this is an important piece of the transportation revenue puzzle. Unlike the motor fuels tax acid the tab fees -the latter being capped -- the sales tax on motor vehicles grows with the price of motor vehicles and so in a sense represents an "indexed" revenue source. In some years, ~enue from the MVST has grown at a rate greater than the rate of inflation. We will continue to advocate for increases in our current constitutionally dedicated user fees -motor fuels tax and license tab fees as well as authorization for local governments to have additional tools for raising revenue locally.. At the same time, we will be working to secure passage of the constitutional amendment that will appear on the ballot in November of 2006 permanently dedicating 100% of the revenue from the motor vehicle sales tax to transportation. The proposed constitutional amendment passed by the Legislature in 2005 calls fora 5-year phase-in of the 46% of MVST currently deposited in the general fund to highways and"transit on a schedule of 10% in year 1, X10% in year 2, 10% in year 3, 10% in year 4, and 6% in year 5. The phased-in approach will mitigate the impact on the general fund. According to estimates from the Department of Finance, the additional 30% of MVST in fiscal years 2008 and 2009 will equal $184 million, while the total general fund revenue estimate for the FY2008-09 biennium is $32 billion. When fully phased in, the additional, MVST revenue is estimated at approximately $300 million annually. 525 Park St., Ste. -105 Saint Paul, MN 55103 • 651/659-0804 • Fax 651/659-9009 Email: margaret@transportationalliance.com • www.tr:ansportationaliiance.com AGENDA SECTION: ether ~i~si ness AGENDA ITEM # 9 REPORT # 1 '~ STAFF REPORT CITY COUNCIL MEETING JANUARY 10, 2006 REPORT PREPARED BY: CHERYL KRUMHOLZ, EXEC. COORDINATOR NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ~I~M /( r ITEM FOR COUNCIL CONSIDERATION: Consideration of designation of Mayor Pro Tempore for 2006. I. RECOMMENDED ACTION: By Motion: Council designation of Mayor Pro Tempore for 2006. II. BACKGROUND It is necessary to designate a Council Member to serve as the Mayor Pro Tempore for those times when the Mayor is absent from the City. Council Member Sue Sandahl served as Mayor-Pro Tempore for 2005. III. BASIS OF RECOMMENDATION A. POLICY • Each year the City Council designates a Council Member to serve as the Mayor Pro Tempore. B. CRITICAL ISSUES • It is necessary to designate a Mayor Pro Tempore to ensure continuation of City operations during an absence of the Mayor. IV. ALTERNATIVE RECOMMENDATION(S~ • Defer the designation to a future Council meeting. V . PRINCIPAL PARTIES EXPECTED AT MEETING ~ • None. 0110Mayor AGENDA SECTION: OTHER BUSINESS AGENDA ITEM # 10 REPORT # 14 ~~~ STAFF REPORT CITY COUNCIL MEETING JANUARY 10, 2006 REPORT PREPARED BY: CHERYL KRUMHOLZ, EXEC. COOR. NAME, TITLE COUNCIL PRESENTER: MARTIN J. KIRSCH, MAYOR ITEM FOR COUNCIL CONSIDERATION: Consideration of Council confirmation of Mayor's appointment of Housing and Redevelopment Authorit Commissioner to fill an u.nex fired term. I. RECOMMENDED ACTION: By motion: Confirm the Mayor's appointment of an HRA Commissioner to fill a term expiring October 2007. II. BACKGROUND HRA Commissioner and Chair Tom Harms' resignation was effective December 20, 2005.. The City Council officially accepted his resignation on September 13,.2005. This term is currently vacant and expires in October 2007. To ensure a quorum at future HRA meetings, the Council should make an appointment on January 10, 2006. III. BASIS OF RECOMMENDATION A. POLICY • Under State law, the Mayor appoints HRA Commissioners subject to confirmation of the City Council. The Mayor has indicated he will make an appointment to the HRA to fill this unexpired term at the January 10, 2006 Council meeting. B. CRITICAL ISSUES • To ensure a quorum at future meetings, the Council should take action on this item on January 10, 2006. 1107HRA C. LEGAL • Under State law, the Mayor appoints HRA Commissioners subject to .confirmation of the City Council IV. ALTERNATIVE RECOMMENDATION~S~ • The Council could decide not to confirm the Mayor's appointment. • If the Council does not approve the Mayor's appointment; a quorum may not be present at future HRA meetings. V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. AGENDA SECTION: AGENDA ITEM # REPORT # - STAFF REPORT CITY COUNCIL MEETING JA1vUARY 10, 2006 OTHER BUSINESS 11 15 REPORT PREPARED BY: CHERYL KRUMHOLZ, EXEC. COORDINATOR Nl1ME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of designating representatives to serve as 2006 liaisons to various metropolitan a encies and Cit commissions. L - RECOMMENDED ACTION: By Motion: Designate Council liaison appointments for 2006 to various metropolitan a encies and Cit commissions. II. BACKGROUND Members of the City Council serve as the City's representatives on various metropolitan agencies and City commissions. Each year, the Council appoints these representatives. This item has been placed on the January 10, 2006 Council agenda as requested by the Mayor. III. BASIS OF RECOMMENDATION A. POLICY • Each year, the City Council appoints representatives to serve as liaisons on various metropolitan agencies and City commissions. 0110iaisons B. CRITICAL ISSUES • The City needs representation on metropolitan agencies and commissions. IV. ALTERNATIVE RECOMMENDATION~S~ • Defer the designation to a future Council meeting. V. ATTACHMENTS • Liaison appointment list. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. 0110iaisons ~`°I AGENCY 2005 LIAISON ASSOC. METRO MUNICIPALITIES BILL KILIAN, REP. SUE SANDAHL, ALT. LEAGUE OF MINNESOTA CITIES SUE SANDAHL, REP. MARTIN KIRSCH, LIA. NOISE OVERSIGHT COMMITTEE BILL KILIAN,. REP. PAM DMYTRENKO, ALT. NOISE BILL KILIAN, REP. -SUE SANDAHL, ALT. TRANSPORTATION COMMITTEE SUE SANDAHL, LIA. BILL KILIAN. ALT. I-35W SOLUTIONS ALLIANCE SUE SANDAHL, LIA. MIKE EASTLING, ALT. 494 CORRIDOR COMMISSION SUE SANDAHL, LIA. TOM FOLEY, ALT. PLANNING COMMISSION MARTIN KIRSCH, LIA. BILL KILIAN. ALT. COMM. SERVICES COMMISSION FRED WROGE, LIA. SUSAN ROSENBERG, ALT. ADVISORY BOARD OF HEALTH MARTIN KIRSCH, LIA. SUSAN ROSENBERG, ALT. HUMAN RIGHTS COMMISSION SUSAN ROSENBERG, LIA. BILL KILIAN, ALT. FRIENDSHIP CITY COMMISSION MARTIN KIRSCH, LIA. SUE SANDAHL, ALT. FAMILY FRIENDLY TASK FORCE SUE SANDAHL SUSAN ROSENBERG ARTS COMMISSION SUSAN ROSENBERG, LIA. CELEBRATIONS COMMISSION SUSAN-ROSENBERG, LIA. FRED WROGE, ALT. CITY HALL TASK FORCE FRED WROGE. LIA. RICHFIELD 2020 SUE SANDAHL RICHFIELD COMMUNITY HUMAN SUSAN ROSENBERG, REP. SERVICES PLANNING COUNCIL 2006 LIAISON 12/20/05 ,I_Z FOWL BOARD SOUTHWEST CABLE COMMISSION RICHFIELD HISTORICAL SOCIETY RICHFIELD SCHOOL DISTRICT STOREFRONT/YOUTH ACTION FRED WROGE, REP. SUSAN ROSENBERG, ALT. FRED WROGE, REP. STEVE DEVICH, REP. SUE SANDAHL, ALT. FRED WROGE SUSAN ROSENBERG, REP. FRED WROGE, ALT. KATHY FARRIS, LIA. FRED WROGE, ALT. 12/20/05 AGENDA SECTION AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING JANUARY 10, 2006 OTHER BUSINESS X12 16 REPORT PREPARED BY: CHERYL KRUMHOLZ, EXEC. COORDINATOR NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Discussion regarding Council attendance at 2006 National League of Cities Conferences and N.O.I.S.E. Conference. I. RECOMMENDED ACTION: By Motion: Designate Council Member(s) to attend the March 2006 National League of Cities (NLC) Congressional Conference; September 2006 N.O.I.S.E. Conference; and the December 2006 NLC of Cities Conference. II. BACKGROUND In 2003, the City Council decided that attendance at conferences should be rotated among the Council Members, so this item is placed on the agenda for the Council consideration of the attendance for the three conferences in 2006. These conferences become especially important this year as federal policy issues affecting a wide variety of local government concerns will be on the congressional agenda. According to State Statute 471.66, the governing body of cities and school districts must adopt a policy that controls out-of-state travel for elected officials. The attached policy was adopted by the City Council in November 2005 and stipulates that the City Council must approve, in advance by a motion, attendance at out-of- state conferences. The general guidelines for evaluating out-of-state travel opportunities are listed in the attached policy. 0110conferences Knowing which Council Member(s) will be attending each of the conferences will help staff with early registration and airline schedules. `_ III. BASIS OF RECOMMENDATION A. POLICY • The Council has determined that attendance at the NLC and N.O.I.S.E. Conferences is beneficial to the City's operations and long- range planning efforts. B. CRITICAL ISSUES While the City continues to face revenue reductions from the State, it is even more critical that the Council remains in the informational loop regarding congressional activities as it relates to airport/aviation activities, federal funds and homeland security issues. C. FINANCIAL • The NLC Conferences are budgeted in the City's 2006 budget. The N.O.I.S.E. Conference is budgeted in the HRA 2006 budget. • The estimated total cost of each conference, including registration, flight, lodging and per diem, is $3000 per Council Member. D. LEGAL • According to State Statute 471.66, the governing body of cities and school districts must adopt a policy that controls out-of-state travel for elected officials. The attached policy was adopted by the City Council in November 2005 and applies to this motion. IV. ALTERNATIVE RECOMMENDATION(S~ • Address this issue prior to each conference. • Decline to send Council delegates to any or only designated. conferences. V. ATTACHMENT (S~ • List of conferences. Out-of--state elected official travel policy. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. I~ -~ COUNCIL MEMBER ATTENDANCE AT NATIONAL CONFERENCES 2001 - 2006 CONFERENCE DATE LOCATION ATTENDEES 2001 NLC March Washin ton, DC Sandahl NOISE July Portland, OR Sandahl En er NLC December Atlanta, GA Sandahl Enger Rosenberg Ulrich Kirsch 2002 NLC March Washin ton DC En er -NOISE Jul Providence, RI En er NLC December Salt Lake City, UT Rosenberg Ulrich 2003 NLC March 7-11 Washington, DC Enger Ulrich NOISE Jul 16-18 Washin ton, DC None NLC December 9-13 Nashville, TN Sandahl 2004 NLC March 5-9 Washin ton, DC Kirsch NLC April 29-May 1 Portland, OR Sandahl Institute for Rosenberg Youth, Education and Families NOISE Jul 21-23 TBA None NLC November 30 - Indianapolis, IN None December 4 2005 NLC March 11-15 Washington, DC Kirsch Congressional City Conference NOISE Jul 20-22 Ea an, MN All NLC December 6-10 Charlotte, NC None Congress of Cities 2006 NLC March 11-15 Washington, DC Congressional City Conference NOISE Se tember 27-29 San Francisco, CA NLC December 5-9 Reno, NV Congress of Cities 01/05/06 I °~ r°~ ELECTED OFFICIAL OUT-OF-STATE TRAVEL POLICY CITY OF RICHFIELD PERSONNEL POLICY DATE: November 2005 SUBJECT: Elected Official Out-of-State Travel Guidelines Introduction According to State Statute 471.66, by January 1, 2006, the governing body of cities and school districts must adopt a policy that controls out-of-state travel for elected officials. This policy must be voted upon, reviewed annually, and specify: 1) when travel outside the state is appropriate; 2) applicable expense limits; and 3) procedures for approval of the travel Purpose The City of Richfield recognizes that its elected officials may at times receive value from traveling out of the state for workshops, conferences, events and other assignments. This policy sets forth the conditions under which out-of-state travel will be reimbursed by the City. General Guidelines 1. An event, workshop, conference or assignment must be approved in advance by a motion of the City Council at an open meeting and must include an estimate of the cost of the travel. In evaluating the out-of-state travel request, the Council will consider the following: • Whether the elected official will be receiving training on issues relevant to the City or to his or her role as the Mayor or Council Member; • Whether the elected official will be meeting and networking with other elected officials from around the country to exchange ideas on topics of relevance to the City or on the official roles of local elected officials; • Whether the elected official will be viewing a city facility or function that is similar in nature to one that is currently operating at, or under consideration by the City where the purpose for the trip is to study the facility or function to bring back ideas for the consideration of the full Council; • Whether the elected official has been specifically assigned by the Council to visit another city for the purpose of establishing a goodwill relationship such as a "sister-city" relationship; • Whether the elected official has been specifically assigned by the Council to testify on behalf of the City at the United States Congress or to otherwise meet with federal officials on behalf of the City; • Whether the City has sufficient funding available in the budget to pay the cost of the trip. 2. Council Members who attend an out-of-state, City-funded event, workshop or conference shall give an oral report on the results of his/her trip at the next regularly scheduled Council meeting. 3. No reimbursements will be made for attendance at events sponsored by or affiliated with political parties. 4. The City may make payments in advance for airfare, lodging and registration if specifically approved by the Council. Otherwise, all payments will be made as reimbursements to the elected official. 5. The City will reimburse for transportation, lodging, meals, registration, and incidental costs using the same procedures, limitations and guidelines outlined in the City's out-of-state travel policy for City employees. 6. The City Council may make exceptions to this policy if approved by the majority of the City Council. Approved: City Manager