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1-23-89 agenda CITY OF RICHFIELD, MINNESOTA Council Letter No. 23 Agenda, January 23, 1989` Issue Statement: Setting a date for the 1989 Local Board of Review. Background: Minnesota Statute 274.01 provides that the County Assessor shall establish a date for Local Boards of Review each year, for the purpose of reviewing the assessment of property within each respective city in Hennepin County. The meetings are to be held between March 1 and May 31 and must be preceded by at least 10 days published notice before the date of the first meeting. The Board of Review must complete its work within 20 days of the first local Board meeting each year, unless a longer period of time is approved by the Commissioner of Revenue. However, the Commissioner will not issue an extension past May 31. The County Assessor has recommended Monday, May 1, 1989, as the date of the 1989 Local Board of Review meeting for Richfield. The meeting will be scheduled to begin at 7:00 P.M. The City of Richfield held its Board of Review meeting the first Monday in May last year, also. Approximately a month prior to the Local Board of Review meeting, the Administrative Services Director and staff of the Hennepin County Assessor's office assigned to Richfield will brief Council Members on the Board of Review process and of typical cases that may come before the Board. Recommended Motion: 1. It is recommended that the City Council confirm the County Assessor's selection of Monday, May 1, 1989, at 7:00 P.M. for the Board of Review meeting. Basis of Recommendation: 1. The County Assessor coordinates the scheduling of all Local Boards of Review in Hennepin County. He has recommended Monday, May 1, 1989. 2. This meeting date allows ample time for the City to conclude its Board business. Alternative Recommendation: 1. The City Council could select another date for the Local Board of Review Hearing and submit the date to the County Assessor. Discussion/Decision Mode: Hennepin County must make a schedule of hearings to facilitate the County Board that needed information has been compil, Board of Review Meetings. Notification be made as soon as possible, especially requested. JDP:sae local Board of Review hearings and to ensure 3d prior to the Local to Hennepin County should if an alternate date is Res ully submitted, Jam f Prosser Cit ag er CITY OF RICHFIELD, MINNESOTA Council Letter No. 22 Agenda January 23, 1989 • Issue Statement: Approval of the 1988-1989 Labor Contract with the Richfield Police Officers Federation. t • Background: City staff has completed negotiations and arbitration on a labor agreement for the years 1988 and 1989, subject to Council approval, with the Richfield Police Officers Federation, which is represented by Law Enforcement Labor Services, a statewide police labor union. The Police Officers Federation represents the positions of Police Officer and Investigator/Agent. There are presently thirty-five employees represented within the Unit. In June of 1988, the Council was notified by Council Memorandum No. 32 that the City had reached an impasse over the issues of wages and college incentive for the year 1988. These two issues were certified to proceed to arbitration by the City and the Union. A hearing was held on November 10, 1988, at which both parties had the opportunity to present their case. The Arbitrator rendered his award dated January 2, 1989 for wages and college incentive for 1988. The award was as follows: - A 3.8% increase for a monthly figure of $2763.00 - College incentive had no change in current contract language and no increase in the current payment per credit. i The City does not agree with the rationale offered by the Arbitrator as the basis for his decision. The result of this award has a negative impact on the City's implementation of the comparable worth plan. The City does not propose to penalize Police Federation members who have negotiated in good faith by delaying implementation of their contract. However, there is a need to retain an option to seek legal interpretation of the relationship between Public Employers Relations Act and the Pay Equity Act. If these laws are not clarified, there will be adverse consequence on our compensation system. This consequence would be a disparity with private sector compensation for certain classifactions of Richfield employees. Prior to the arbitration, the City and the Police' Federation had reached agreement over the following issues: - Contract Length 2 year agreement for 1988 and 1989, with reopeners in 1989 for wages, insurance and college incentive. - Compensatory Accrual Modify language to allow employee to exceed the 64 hour maximum accrual with the prior approval of the Department Director. 9 0 2. The City tentatively agreed to the issues not submitted for - Clothing Allowance Increased by $15.00 in 1988 to $340.00 per year for Police Officers and $330.00 for Agent/Investigators. Increased by $10.00 in 1989 to $350.00 and $340.00, respectively. - Insurance Health insurance increased by $10.00 to maximum on family coverage of $172.00 in 1988. Dental insurance increased by $.50 to maximum single coverage of $14.50 in 1988. Reopener 1989. - Holiday The addition of the Martin Luther King holiday for a total of 12 holidays. These issues were reported in Council Memorandum No. 32 on June 9, 1988. Recommended Motion: Approve the Labor Agreement with the Richfield Police Officers Federation. Authorize the City Manager to seek legislative and/or legal clarification of the relationship between the Pay Equity Act and the Public Employees Labor Relations Act. Basis For Recommendation: 1. The City is bound under the Public Employers Labor Relations Act by the Arbitrator's decision on wages and college incentive. arbitration on June 9, 1988 per Council Memorandum No. 32. 3. Union membership has voted on these issues and has given their approval. Alternative Recommendation: The City Council could seek a court opinion regarding the legality of the arbitration award. However, it would appear that the problem with these laws is unclear legislative intent rather than improper interpretation. This action would also unfairly penalize our police officers by withholding any pay increase. Discussion/Decision Mode: In order to allow the City's payroll records in a timely It is recommended the City Co adopt the attached Resolution effective January 1, 1988. accounting personnel to modify manner for 1988 wages',,and benefits. uncil act on January 23, 1989 to providing for contract changes Respectfully submitted, L' ' (P Ja D. Prosser Cit Manager JDP:eja RESOLUTION NO. • RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE RICHFIELD POLICE OFFICERS FEDERATION BARGAINING UNIT FOR THE YEARS 1988 AND 1989 WHEREAS; the City Manager and the Richfield Police Officers Federation have reached an understanding concerning hours and other conditions of employment for the years 1988 and 1989; WHEREAS, the Arbitrator has rendered an award on wages and college incentive for 1988; WHEREAS, the City wishes to retain its option for legal remedy to vacate the Arbitrator's award; and WHEREAS, the personnel ordinance requires that contracts between the City and the exclusive representative of the employees in an appropriate bargaining unit shall be implemented by Council Resolution. NOW, THEREFORE, BE hereby approve the Labo: and the Police Officers 1988 and 1989 order the . Arbitration award to be Passed by the City Minnesota this 23rd day IT RESOLVED that the City Council does r Agreement between the City of Richfield Federation Bargaining Unit for the years provisions of the Labor Agreement and implemented, effective January 1, 1988. Council of the City of Richfield, of January, 1989. Steven Quam Mayor ATTEST: Thomas P. Ferber City Clerk ? CITY OF RICHFIELD, MINNESOTA • Council Letter No. 21 Agenda, January 23, 1989 Issue Statement: Cancellation of•Joint Powers Agreement with Minnesota Police Recruitment System (MPRS). Background: Since 1978, Richfield has been using MPRS as their pre-selection process for hiring police officers. The system provided police officer testing services for several communities. The advantage of the system includes the ability to draw from a larger pool of applicants. The problems with the system are: - Unless we had vacancies immediately after the test was given, the good candidates would already be taken before we were ready. - The system seems to inhibit our ability to get a adequately screen the candidate prior to hire. This is demonstrated by the fact that we have terminated a very high percentage of officers within the first six months because of their inability to meet our standards. - Even with the MPRS process many hours of our staff time are required to complete the testing process. • Currently there are two positions open in the Police Division. Public Safety anticipates at least two more this year. Recommended Motion: Approve the resolution withdrawing from the Minnesota Police Recruitment System and begin in-house police officer selection process. Basis of Recommendation: 1. Staff has researched a number of different methods for recruiting police officers. The objectives ',were: - A fair and impartial process. - A system that allows us ample opportunity to get a good look at the candidate and their qualifications. - A system where minorities and women can be actively recruited and given an equal opportunity to compete. The system selected for recommendation to the Council is Personnel Decision, Inc.(PDI). 0 2. A suitable alternatiave selection process is available from PDI. • The Personnel Decision, Inc. (PDI) selection process includes five elements: - A written examination called the Police Career Index (PCI). This will allow us to examine candidates and reduce the numbers down to something more.manageable (50). Accomplishment Record Index (ARI), provides the candidates with the opportunity to demonstrate their real life experiences which gives us a look at their judgment, decision making, human relations skills, overall attitude, and as a secondary dimension, their writing ability. The top 50 will be graded on this exercise and the top 24 will be invited to the next phase. Oral Interviews. This is probably the most critical part of the process. Four members of the Police Division will be trained to do this phase. Each candidate will be interviewed individually by each of the four Police Division staff. The process again will be focusing on the candidates demeanor, communications skills, truthfulness, commitment, ability to get along and deal with the public. This system allows four different people to get an independent look as opposed to the • traditional three person oral board. In addition, the candidate is interviewed for an hour and twenty minutes as opposed to 30 minutes with the oral board. All 24 candidates will be given a pre-fitness test. This simply tells us the candidates basic fitness: vision (20/100 uncorrected), hearing, color blindness, blood pressure, body fat, review of health questionnaire. All 24 candidates will be put through a physical agility test consisting of: trigger squeeze, sit and reach (measures flexibility); step test (measures cardiac vascular); bench press (upper body strength); sit-ups (muscular endurance). (This process has been adopted by the Law Enforcement Training Center). Once these five steps are complete, a list of eligible candidates will be given to the Civil Service Commission for certification. The top candidates will then be interviewed by staff and selected or rejected. If selected they will be given a complete physical, psychological and background investigation. Assuming these items are acceptable the individual is offered a position. 3. At the January 23, 1989 Civil Service Commission Meeting, the Commission adopted this process. • 4. The cost of the two systems is similar: MPRS Annual Membership $ 500 • Cost for each individual hired $750 x 4 = $3,000 $3,500 - PDI, or in-house system should not exceed $3,000 depending upon number of initial applicants. Alternative Recommendation: 1. Continue with MPRS. Doing so does not resolve staff's concerns of our efforts to find good qualified candidates and true desire to attempt to find minorities and women. 2. Continue to search for other alternatives. This is time consuming and to date we cannot find a system that is comparable to the PDI/in-house method. Discussion/Decision Mode: The City's withdrawal would be effective 30 days after the resolution is approved by the City Council. Respectfully submitted, Jam D. Prosser • City Manager JDP:sae 0 TeK-_'7 CITY OF RICHFIELD, MINNESOTA • Council Letter No. 20 Agenda January 23, 1989 Issue Statement: Renewal of 1989• Restaurant License for Consul Restaurant Corporation, d/b/a Chi-Chi's Mexican Restaurante, located at 7717 Nicollet Avenue South. Background: On December 22, 1988 the City received the application for the renewal of the restaurant license for Chi-Chi's Mexican Restaurante. The required license fees have been paid. During 1988 there were two food/sanitation inspections conducted by Bloomington health personnel, through the contract the City of Richfield has with Bloomington. The two inspections conducted during 1988 indicated a total rating score of 82 and 61 points out of a possible 100 points. Bloomngton health officials have indicated that the primary reason Chi-Chi's received a rating of 61 points in October of 1988 was due to a major shift in management of the restaurant, including kitchen management. Bloomington health officials have also indicated that they have spent an entire day with the new management of Chi-Chi's since the October inspection and feel confident that the next inspection will result in a higher score. • During 1988, the City received three food or sanitation complaints from the public about Chi-Chi's. Each of these complaints was refered to Bloomington health personnel, who then conducted an inspection and reported their findings to City staff. During 1988 there was one issue that arose that directly relates to the operation of the restaurant. This issue pertains to the garbage dumpster enclosure and the surrounding area. The major concerns regarding this issue are: - Garbage dumpster lids that are left open or cannot be closed because the dumpsters are filled beyond capacity. As a result birds and other animals are carrying the garbage onto neighboring properties. - Garbage and debris that is scattered on the ground inside the dumpster enclosure. - Bales of crushed cardboard boxes, cans, bottles and bags containing food, garbage and debris are stored or left outside the dumpster enclosure area. On several occassions City staff contacted Chi-Chi's management both by letter and telephone and indicated that there was a • problem with the dumpster enclosure area. Chi-Chi's management responded to only some of the contacts. When they did respond, • they only partially resolved some of the concerns raised regarding this issue. In any event, Chi-Chi's management has not taken the steps necessary to permanently resolve the problem. Inspections conducted as recently as January 13, 1989 indicate that the problems still exists. It appears that Chi-Chi's management has displayed a lack of concern even after being notified that this issue would be presented to the council at the hearing for the renewal of their restaurant license. Recommendation: Based upon the information supplied by the applicant and the issue raised concerning garbage and the dumpster enclosure, staff is recommending that the restaurant license be renewed with the following stipulation: - Weekly unannounced inspections will be conducted by city staff of the dumpster enclosure and the surrounding area for up to six months. Chi-Chi's management will be present at each inspection, so that any violations can be pointed out and corrected within a 24 hour period. • 0 Failure to correct all violations within a 24 hour period would result in a fine of up to $1000.00 for the first two offenses and a suspension of the restaurant license for up to one week for the third offense within the six month inspection period. This stipulation does not preclude the issuance of citations for violations of any ordinance code pertaining to this matter. Basis of Recommendation: 1. The applicant has complied with all ordinances and statutes pertaining to restaurant licensure with the exception of the concerns raised relating to debris and the garbage enclosure area. Alternatives: 1. The Council could decide to deny the renewal of the restaurant license requested. If this license is denied, the applicant's liquor license would then be in jeopardy, since city code requires all on-sale liquor licensees to have a restaurant license. 2. The Council could decide to continue the hearing. If the hearing is continued, the council must consider granting an extension of the applicant's restaurant license to allow the applicant to continue operating until the rescheduled hearing can be conducted. Decision/ Discussion Mode: The public hearing to conisder the requests for two restaurant licenses has been scheduled for January 23, 1989. The 1989 restaurant license for Chi- Chi's Mexican Restaurante is le presented for Council approval. Respectfully submitted, Jamosser Cite JDP:sae 0 City of Richfield • 6700 Portland Avenue • Minnesota 55423 • City Manager Mayor Council James D. Prosser Steve Quam Edwina Garcia Ivan Ludeman Martin Kirsch Michael Sandahl c?-?-L l?i f? # 881011 sr`OZ =1 ? , i a,?.o Resident 7717 Nicoliet Ave. S. Richfield, MN 55423 It has come to our attention that your property may not conform with Richfield.ordinances relating to property maintenance. The specific concerns are as follows: .1. Grass is long and must be cut. 2. Misc. debris on property (glass, paper, cans, etc.) must be cleaned up and disposed of. If you have any questions, or feel that the above noted concerns are inappropriate, please contact the Environmental Health .Division at ext. 323 at your convenience. Otherwise, we ask you to alleviate these conditions within 5 days, and help us to • maintain the property maintenance standards that have made Richfield such a pleasant community in which to live. Enclosed are the specific ordinances regarding the above items. An inspector will stop by after the time period noted to re- inspect the property. Sincerely, Jean Sawyer Environmental Health Assistant Richfield Public Safety Department bac Enclosure is Telephone 869-7521 (612) An Equal Opportunity Employer ?y City of Richfield • 6700 Portland Avenue • Minnesota 55423 City Manager Mayor Council James D. Prosser Steve Quam Edwina Garcia Ivan Ludeman Martin Kirsch Michael Sandahl 880189 Resident 7717 Nicollet Ave. S. Richfield, MN 55423 It has come to our attention that your property may not conform with Richfield ordinances relating to property maintenance. The specific concerns are as follows: 1) All garbage and refuse around dumpsters must be cleaned up and disposed of. All dumpster and garbage containers must be equipped with lids and lids left down at all times. If you have any questions, or feel that the above noted concerns are inappropriate, please contact the Environmental Health Division at ext. 323 at your convenience. Otherwise, we ask you • to alleviate these conditions within 5 days, and help us to maintain the property maintenance standards that have made Richfield such a pleasant community in which to live. Enclosed are the specific ordinances regarding the above items. An inspector will stop by after the time period noted to re- inspect the property.. Sincerely, Jean Sawyer Environmental Health Assistant Richfield Public Safety Department bac Enclosure Telephone 869-7521 (612) An Equal Opportunity Employer V0 city of richfield 6700 portland avenue ¦ minnesota 55423 November 28, 1988 C#8832.93 Chi Chi's Restaurant 7717 Nicollet Ave. S. Richfield, MN 55423 It has come to our attention that your property may not conform with Richfield ordinances relating to property maintenance. The specific concerns are as follows: 1. Garbage dumpster lids must be kept closed at all times. Miscellaneous debris and garbage around dumpster must be cleaned up daily. This continues to be a on-going problem, if the problem is not corrected, the City will be forced to file a formal complaint. If you have any questions, or feel that the above noted concerns are inappropriate, please contact the Environmental Health Division at ext. 323 at your convenience. Otherwise, we ask you to alleviate these conditions within 3 days, and help us to maintain the property maintenance standards that have made Richfield such a pleasant community in which to live. Enclosed are the specific ordinances regarding the above items. An inspector will stop by after the time period noted to re- inspect the property. Sincerely, Jean Sawyer Environmental Health Assistant Richfield Public Safety Department jms Enclosure Telephone Numbers: P_i,bGc SafPr.V Nnn_p.rarnanrr', (rC i-rcl (r.-1 P1 RFR_c;nszi General City Matters: (612) 869-7521 Pni irP: 'Flamm /N,1?:nirn CNAC0r1CN1rv n1 n1 0.11 -1 7-- city of rich#ield 6700 portland avenue ¦ minnesota 55423 # 7 I/, E N V I R O N M E N T A L H E A L T H D I V I S I O N Date: December 14, 1988 Name: Chi Chi's Address: 7717 Nicollet Ave. S. Richfield, MN. 55423 RE: Environmental Health Inspection Date on Inspection: December 9, 1988 Inspector: CSO Vang ?C C# 883293 ?r :,f -(? Cam-C?,? The above property was inspected on the date noted, and orders were issued for compliance with the City Environmental Health Code. A follow-up inspection was conducted, and the inspector noted that the following items have not been completed: 1. Debris and food around dumpster area continues to remain a problem and must be cleaned up. Garbage dumpster lids must be kept closed at all times. Lids may not be left open to allow garbage and debris to pile up inside dumpster. Miscellaneous debris and garbage around dumpster must be cleaned up daily. Garbage dumpster area will be monitored regularly to insure that lids are closed and debris and garbage is contained inside dumpster. If when monotoring the area, there continues to be a problem, I will be forced to file a formal complaint with the City Attorneys office. Another inspection will be conducted on If the items have not been completed, a and in addition, the city may abate the costs to you. If you' have any question; please call the Health Division at ext. date. L December 19, 1988. citation will be issued problems and assess the about these items, 323 before the compliance Ge--eral City Matters: (612) 869-7521 ?? ! !CE:'E! .E.:`vIEGICAL EMERGENCY: DIAL 9-1-1 Telephone Numbers: Public Sa ety Non-emergency (24 ^rs! (612) 866-5061 CITY OF RICHFIELD, MINNESOTA Council Letter No. 19 • Agenda January 23, 1989 Issue Statement: Renewal of 1989 Restaurant License for Champps of Richfield, located at 790 West 66th Street. Background: On December 30, 1988, the City received the application for the renewal of the restaurant license for Champps of Richfield. The required license fees have been paid. During 1988 there were two food/sanitation inspections conducted by Bloomington health personnel, through the contract the City of Richfield has with Bloomington. The two inspections conducted during 1988 indicated a total rating score of 81 and 90 points out of a possible 100 points. These scores are above the minimum standards set by the FDA Food Service Sanitation Ordinance. In addition, the City did not receive any food or sanitation related complaints from the public during 1988. During 1988 there were three issues that arose that were directly related to the operation.of the restaurant. They are: - Noise complaints relating to deliveries made prior to 7 • a.m. - Noise complaints relating to the required cleaning of the ventilation system. - Debris and refuse complaints relating to garbage dumpsters that were filled beyond capacity. The following measures have been taken to correct the issues: - A letter has been sent by Mr. Dean Vlahos, president of Champps, notifying all vendors not to make any deliveries before 7 a. m. (see attachment A). - The applicant has contacted the ventilation system cleaning company and a decision has been made to use a smaller portable electric unit versus the large truck mounted gas operated units. The use of the electric units will result in less noise. (see attachment B). - The applicant has placed tarps over the dumpsters in order to eliminate the possibility of debris and refuse from littering the surrounding properties. Daily inspections conducted since the middle of December have indicated that all debris and refuse have been contained in the dumpsters that are now covered by tarps. • - The applicant has hired a person to pick up debris in the area of the restaurant on a daily basis. • Recommended Motion: Based upon the information supplied by the applicant, the measures taken by the applicant to correct the three issues discussed in this council letter, staff is recommending that Champps restaurant license be renewed for 1989. Basis of Recommendation: 1. The applicant has complied with all ordinances and statutes pertaining to restaurant licensure. 2. The applicant has passed both required 1988 food sanitation inspections. 3. The applicant has taken the necessary measures to correct the three issues that arose during 1988. Alternative Recommendation: 1. The Council could decide to deny the renewal of the restaurant license requested. If this license is denied, the applicant's liquor license would then be in jeopardy, since city code requires all on-sale liquor licensees to have a restaurant license. 2. The council could decide to continue the hearing. If the • hearing is continued the council must consider granting an extension of the applicant's restaurant license to allow the applicant to continue operating until the rescheduled hearing can be conducted. Decision/Discussion Mode: The public hearing to consider the requests for two restaurant licenses has been scheduled for January 23, 1989. The 1989 restaurant license for Champps of Richfield is presented for council approval. Respectfully submitted, James Prosser City, anager JDP:sae ATTACHMENT A CORPORATE OFFICES 790 WEST 66TH STREET { RICHFIE=LD, MINNESOTA 55423 k .' (612) 861-3333 s SPCORTS eCAF December 30, 1988 I TO WHOM IT MAY CONCERN: Due to the fact that Champps of Richfield'is located in a high-residential area of Richfield, it has come to our attention that some deliveries are being made very early in the morning. We are respectfully requesting that all deliveries are made • after 7AM, so as to respect our neighbors wishes. We sincerely hope this is not too much of an inconvenience, and we thank you in advance for your cooperation and understanding of this mattes. Sincerely, CHAMPPS'OF RICHFIELD V Dean P. Vlahos President and CEO CH,AMPPS OF ST. PAUL ?431 WEST-7TH STREET CHAMPPS OF RICHFIH.D 'ATTACHMENT B L OTHERS INDUSTRIAL CLEANING, INC. 1916 Stillwater Avenue COMMERCIAL- INDUSTRIAL St. Paul, MN 55119 Business: (612) 731.9134 December 27, 1938 Champps Sports Bar 790 West 66th Street Richfield, Minnesota 55423 RE: Kitchen Ventilation Cleaning Dear Dean, Per our telephone conversation today we discussed the on going noise complaints from the surrounding neighbors. • It is necessary to have a maintenance schedule for kitchen ventilation clean- ,ing and this can only be done when the system is not in use. The solution would be for us to use a smaller portable electric unit verses the large truck mounted gas operated units which have higher pressures. The piece work cleaning of the air unit baffles could be done in the dumpster room if this was cleared on the scheduled cleaning date. Your commitment of $500.00 towards the purchase of this unit shows your full cooperation in resolving this problem. We will continue to provide the best possible service and cooperate to the fullest. Sincerely, Gary S Richie President CSR/lr 7717 Nicollet Ave. So. Richfield, MN. 55423 (612) 866-3431 • MEXICAN RESTAURANTE ...An Affiliate of Consul Corporation Our committment to maintaining a clean and safe trash and recycleable waste area. 1. Purchased a tin can compactor, to be installed inside the restaurant. Avoiding any loud noise associated with compacting cans (5 weeks). 2. All recyclable corrugated bails of paper will either be stored inside building or inside trash area. 3. Changed over to new dumpster with automatic closing lids A._c &6 4. Increased the number of pickups on weekends. _• 0 FINEST MEXICAN DINING -`1:5r--?d CITY OF RICHFIELD, MINNESOTA Council Letter No. 18 Agenda January 23, 1989 Issue Statement: Approval of Agreement between the City of Richfield and Independent School District No. 280 regarding the Use of Voting Equipment. Background: Richfield Independent School District No. 280 has requested the use of the City's Optical Scan voting equipment for conduct of School District elections. The City Attorney has drafted an agreement which delineates the terms and conditions for the utilization of the equipment for School District elections. On January 9, 1989, the School Board approved the agreement. The agreement provides that the School District will reimburse the City for services related to the use of the equipment. Recommendation: Authorize the Mayor and City Manager to execute the agreement between the City of Richfield and Independent School District No. 280 for the use of the City's optical scan voting equipment. Basis for Recommendation: • 1. The School Board has requested use of the optical scan voting equipment for School District Elections. 2. The City Attorney has drafted as agreement to provide the terms and conditions for this use. 3. The School Board has approved the agreement. 4. Use of the optical scan equipment for School Board Elections will provide a standardized voting method for all elections in Richfield. Alternative Recommendation: The City Council could modify the terms of the agreement or refuse to allow the School District to utilize the City's voting equipment. Discussion/Decision Mode: City staff is requesting that the council approve the agreement to formalize the terms and conditions for use of the voting equipment prior to January 31, 1989. Respectfully submitted, • Jame D. Prosser City Manager DRAFT 12/22/88 AGREEMENT THIS AGREEMENT, dated as set forth below, between the City of Richfield, a duly organized and existing municipal corporation in Hennepin County, Minnesota (City) and Independent School District No. 280, a body corporate and politic in Hennepin County, Minnesota (District), WITNESSETH: WHEREAS, the City has a voter registration system (System) and vote tabu- lating system, known as Optech III-P (Equipment), and WHEREAS, the District desires to use the Equipment for District elections which do not coincide with City, state, or federal elections; and WHEREAS, the City is willing to make the Equipment available for use by the District for District elections, in accordance with the terms and conditions stated herein, whenever that may be compatible with the City's capabilities and .requirements respecting the City's own elections and the orderly administration of elections in general; NOW, THEREFORE, it is mutually agreed that: 1. Upon the request of the District and the approval of the City Clerk the District may utilize the City's System and Equipment for a District election in accordance with the terms and conditions stated herein. 2. To enable the City to evaluate the feasibility of the District's request, the District shall submit the following information with the request: a) a description of the precincts and polling places desired by the District; b) the proposed election date; and c) the proposed election poll hours. 3. The City Clerk may deny a request within ten days of its receipt if the Equipment is required for the City's use during the time requested by the District. a) As soon as possible after a request is approved by the City Clerk, the City shall identify eligible and available election judges. The City and the District shall proceed to identify, assign, and approve the election judges to be used in the Dis- trict election. The City Clerk shall send the list of eligible judges to the District, together with the City Clerk's proposed assignment of those judges in accordance with election adminis- tration needs and requirements. b) In the event that the District determines not to approve the City Clerk's list and proposed assignment of judges, the request and approval of the use of the System and Equipment shall be deemed void for purposes of that election, and the District shall proceed to conduct its election with its own system. 5. The City hereby agrees to provide the following services with respect to the Equipment: program the Equipment for use in the District election; deliver the Equipment to the polling places the day before the election and pick up the Equipment the day after the election; prepare Equipment for the election at the polling places; perform all tests of the Equipment as required by Minnesota Statutes, Section 206.83, as amended; perform training of the election judges in the use of the Equipment; provide all supplies related to and necessary for proper use of the Equipment, excluding preparation and provision of ballots; and provide such other services in conjunction with the District's use of the Equipment as in the City's judgement may be reasonably and necessarily required. 6. The District hereby agrees to perform all functions related to proper conduct of school district elections held pursuant to Minnesota Statutes, Chapter 205A and related statues, including ballot preparation and tabulation And publication of requisite legal notices. The District !further agrees to reimburse the City for all its costs incurred in performing the services speci- fied in paragraph 5 above and such other services as the City may provide pursuant to this Agreement,.including rental charges for the Equipment, if any. 7. The City does not under any circumstances warranty or indemnify the District with respect to the performance of the Equipment. However, should a malfunction of Equipment occur which is covered by the warranty of the Equip- ment's manufacturer or vendor, the City agrees to-proceed against such manufac- turer or vendor on the District's behalf. The District will be solely responsible for the Equipment while it is being used by the District. The City will not be responsible for assuring proper use or performance of the Equipment during the District's election. 8. The District hereby agrees to defend, indemnify and; hold harmless the City, its officers, employees, and agents, from any and all claims, causes of action, lawsuits, damages, losses or expenses arising out of, due to, or in connect ion with the District's use of the Equipment and the election. 9. This Agreement may be amended in writing at any time by mutual consent of the parties. This Agreement may be terminated by either party, without cause, on seven days notice. IN WITNESS WHEREOF, the City and the District have caused this Agreement to be executed all as of this day of 19 . CITY OF RICHFIELD (SEAL) Mayor Attest: City Clerk R5:00551288.AGR Manager INDEPENDENT SCHOOL DISTRICT NO. 280 Chair Clerk • m`/7- CITY OF RICHFIELD, MINNESOTA Council Letter No. 17 Agenda January 23, 1989 Issue Statement: Purchase of nine light trucks; eight for City maintenance operations and one for Public Safety use. Background: Seven light trucks are scheduled for purchase in the motorpool budget in 1989. All of these trucks are replacements for fully depreciated units. In addition to seven replacements, a one-ton dump truck for the sewer division and a 3/4-ton pickup for the water division are also being purchased. These two units are also included in the adopted 1989 budget. Purchase of new trucks has been coordinated with Hennepin County's bid process. Several dealers were requested to submit bids following predetermined specifications. Please see the attachment for details on low bids for specific units. The difference between the budgeted amount and the actual amount will be used for paying sales tax and purchasing dump boxes and having trucks painted city blue. Recommended Motion: Authorize the purchase of nine light trucks as follows: Two 3/4 ton pickups from North Star Dodge for a total of $27,468.00. Three 3/4 ton pickups from • Viking Chevrolet for a total of $31,592.81. One 1 ton 2WD chassis cab truck, one compact utility 4X4 and two 1 ton 4X4 chassis cab trucks from Thane Hawkins Chevrolet for a total of $57,514.00. Basis of Recommendation: 1. The Hennepin County bid process typically obtains the lowest possible prices for vehicles. 2. Funds are budgeted in the approved 1989 Central Garage, Sewer Maintenance and Water Maintenance budgets. 3. The need to replace each of these vehicles was individually reviewed. Given the condition of the vehicle, the cost to operate and maintain is greater than the amortization operation cost of new vehicles. Alternative Recommendation: Council could reject the bids and direct staff to obtain new bids for these trucks. However, staff does not believe we could obtain a better price from reputable dealers. 0 ??`/' 74- i Discussion/Decision Mode: In order to take advantage of the Hennepin County bid prices, these vehicles must be ordered before January 30, 1989. Staff is . requesting approval at this time in order to assure timely delivery of these vehicles. Respectfully submitted, James Prosser City anager JDP:eja Attachment C? ? ??.:_- S UNIT 3/4 Ton 4X4 Pickup 3/4 Ton 4X4 Pickup 3/4 Ton Pickup 3/4 Ton Pickup 3/4 Ton Pickup 1 Ton 4X4 Chassis Cab Truck 1 Ton 4X4 Chassis Compact Utility 4X4 1 Ton 2WD Chassis Cab CITY OF RICHFIELD, MINNESOTA Attachment to Council Letter No. 17 Agenda January 23, 1989 PURCHASING DIVISION Central Garage Central Garage Central Garage Central Garage Water Maintenance Central Garage Central Garage Central Garage Sewer Maintenance VENDOR North Star Dodge North Star Dodge Viking Chevrolet Viking Chevrolet Viking Chevrolet Thane Hawkins Thane Hawkins Thane Hawkins Thane Hawkins BUDGETED AMOUNT $15,900 $15,900 $12,720 $12,720 $12,000 $18,020 $18,020 $14,000 $16,000 $135,280 ACTUAL CONTRACT AMOUNT $13,734.00 $13,734.00 $10,521.92 $10,521.92 $10,548.97 $15,872.00 $15,872.00 $14,247.00 $11,523.00 $116,574.81 TOTALS CITY OF RICHFIELD, MINNESOTA Council Letter No. 16 Agenda January 23, 1989 Issue Statement: Presentation of Free Enterprise Proclamation to Richfield High School DECA Students. Background: Richfield DECA students set up and enter into business enterprises as part of their learning experience. The Richfield DECA Chapter believes in the concept of free enterprise and a competitive market system. Eric Cummings and Kathi Matthes, DECA students, have requested that the City Council issue a proclamation in support of Free Enterprise. Recommended Motion: Present a proclamation in support of free enterprise to Eric Cummings and Kathi Matthes. Basis for Recommendation: 1. The proclamation has been requested by the DECA students. 2. The Richfield City Council has always been supportive of DECA activities. 3. Students will be present to accept this proclamation. Alternative Recommendation: 1. Show the Council's support of DECA activities in another manner. Discussion/Decision Mode: This matter has been placed on the presentation section of the January 23, 1989 council agenda. Respectfully submitted, Jame . Prosser. City anager JDP/eja 0 CITY OF RICHFIELD, MINNESOTA Council Letter No.15 Agenda January 23, 1989 Issue Statement: Presentation of Youth Leadership Awards Background: In 1987, the Youth Leadership Award program to recognize the achievements of the youth in our community, was initiated. The program seeks to recognize those students who pursue academic excellence, offer service to the community, and continue to develop their leadership skills. Students must be recommended by the school administration, must be in the top 20% of their class, and must demonstrate evidence of involvement in community and school services. The students must have also demonstrated leadership skills through election to student office, committees, or athletic captaincy. Both the Richfield High School and the Academy of the Holy Angels were invited to nominate students for this award. Each high school nominated three students. Recommended Motion: Present the six students, Sandra Goebel, ColleenHendricks and Ron Schoonmaker, from Richfield High School; and Amy Matthews, Kelly Sheehan, and Phillip O'Konski with Youth Leadership Award certificates. Basis for Recommendation: 1. Nominations for this award have been submitted. 2. The students have been invited to attend thelcouncil meeting to receive these awards. Discussion/Decision Mode: This item has been placed on January 23, 1989 City Council JDP/eja the Presentation section of the agenda. Respectfully submitted, Jam D. Prosser Ci Manager r: -/ / SANDRA GOEBEL Honor Student. Sandra has received the National Merit Commended Scholar Award. Captain of the volleyball and softball teams, captain of the quiz bowl; member of the math team and Positive peer 'pressure group. Sandra has also spoke to intermediate and junior high students about the use and abuse of alcohol, and served as a volunteer at Sugar Creek Bible camp. COLLEEN HENDRICKS Honor Student. She is a member of the National Honor Society, and the recipient of a $2,000 scholarship for being in the top five percent of her class. Colleen has been active in softball, track, cross country running and volleyball. She has received letters in track and cross country running. She has also performed volunteer work at Fairview Southdale Hospital and worked in extended services and elder care at a retirement community, as well as an active church group leader. RON SCHOONMAKER Honor Student. He is a member of the National Honor Society. Ron is a section leader in band and a jazz ensemble, and chair of the pop group; a member of the speech club, and served on the student senate for two years. He is also a tutor at the Spartan Elementary School to help students master fundamental basic skills, and also teaches music appreciation. Ron is active in his church group', and coeditor of his church's youth newsletter. 1] 1}` /- -7-- 0 AMY MATTHEWS Honor Student. Recipient of the chemistry award in 11th grade, and a Letter in Excellence nominee in her senior year. Amy is active in volleyball and softball, serving as the softball team captain her senior year. She serves on the student council, chaired the school's Christmas project and their blood drive. She is a member of Outstanding High School Students of America. PHILLIP O'KONSKI Honor Student. Recipient of the Bausch and Lomb Science Award, and has achieved the Dean's list for four years. Phillip has been a member of the chess team and the speech team; and is captain of the math team. He is a volunteer for campus ministry, and a volunteer at Edenwood, where he works with the mentally handicapped. KELLY SHEEHAN • Honor Student, who has achieved the Dean's list for four years; received the Optimist Club of Edina Award, and the Daughters of American Revolution Award. Kelly serves as the student council president, and is involved with the school's peer ministry as well as Leadership Day at the University of Minnesota. She also was a volunteer for Christmas baskets for the needy, and a food shelf helper. Kelly has been a member of the volleyball, basketball, and softball teams.